Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1890-01-23

suggested by Principal Chlei
Bushyhead.
The Cherokee legislature ap-
proving, a contract was made by
which the association agreed to
pay to the Cherokee nation the
sum of $4,000 per annum in
semi-annual installments of ESQ.,
600 each, in advance for the FIVE
years beginning 1888.
The smallest holder of cattle
who had paid for the grass in the
past was accorded membership in
the association, which entitled him
to a single vote, the largest Lolder
Of cattle had no more; all those
who had refused tc pay the Chero-
KEGS for grazing privileges and no
others were excluded from such
membership. In accepting the
use Of the lands under the instru-
ment providing for the grazing
privileges made by the principal
chief, D. w. Bushyhead, in
behalf of TIE Cherokee nation
in pursuance of legislation referred
to, the association employed
counsel learned in the law and
were informed that the lands thus
occupied, and concerning which
such contract was made. were held
by the Cherokee nation under va
rious guarantees from the govern
ment of the United States, by trea-
ty and by patent, by which the
ownership, exclusive jurisdiction
and use of the lands, appeared to
be in the Cherokee nation.
We were further informed tn at
these lands, having been first sur
veyed, a patent was duly executed
TO them by the United States to the
Cherokee nation, conveying the
whole of said tract of land. Said
patent described by metes and
bounds, including the Cherokee
strip, upon which our herds are
located, and in which patent it is
recited.
We were further informed that
by the treaty of 1856 between the
United States and Cherokee nation,
relative to these lands, it was
agreed that the United States gov
eminent might, "settle friendly
tribes thereon" upon certain con-
ditions, and that the United States
had, by the sixteenth article of
that treaty guaranteed to the
Cherokee nation, that it should re-
tain the right Of possession of and
jurisdiction over all of said coun-
try west of $50 until sold and occu-
pied by friendly tribes of Indians.
These memorialists respectfully
show to your excellency, that they
were informed that after the set
tlement of some small tribes upon
said lands, the legislature of the
state of Kansas passed joint reso-
luton and protest, addressed to
the congress of the United States
protesting against any further such
settlement thereon, as being injd-
rious and dangerous to the citizens
of that state, and that thereupon
the congress of the United States
passed a joint resolution directing
that no more of the lands contract
ed for by the treaty of 1866 and in
cluded in the Cherokee strip
shOul&b taken or occupied by
friendly tribes and thereupOn the
government of the United States
abandoned these lands for the pur-
poses stipulated for.
Omiting many references and
eminent opinions by Attorney
General ,Devens and others,
these memorialists further say:
Upon the first day of December,
1888. bill to authorize a renewal
Of the grazing privilege of this as
sociation for five years, beginning
January ist 1889, at the rate of
$500, 900 per annum was approved
and became a law Of the Cherokee
nation. The said act and proffer
of the grazing privileges was ac-
cepted by the Cherokee Strip Live
Stock association. This obliga-
ton, thus created ,:has not been. re
linqui shed OF cancelled and we un-
derstand the payments provided for
Hereunder are valid and may be
enforced in the courts of the Unit
ed States until they shall be fully
paid.
The act of congress providing
tor a commission for the purchase
of these lands by the government
was passed long after the accept
ance and renewal of this contract
for grazing privileges.
Calling your attention to an offer
which has been made the Cnero-
kee nation for a long, lease, We re-