Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1890-07-17
ATEW REASONS WHY THE
oelzwarss and Shawnees Have
no Interest IN the Outlet


entire country is virtually a ces-
sion to the United States to the
extent of that purpose. This was
the condition in which the lands
were before the Delawares and
Shawness became citizens of the
Cherokee nation.
Because the conditions regulat-
ing the right Of the United States
government 20 settle civilized In
dians upon the lands of the Chero-
kee nation east of the 96th merid-
ian are similar to those regulating
the same right to settle friendly
Indians west of that line. The
civilized and the friendly Indians
are cnly entitled to one hundred
and sixty acres, each, for which
they must pay q stipulated price.
This quantity Of acres, and no
more, severally or collectively. /.
is theirs by the right of purchase,
and in no other way.
Because Article Is of the treaty
quoted is authority for the posi-
ton taken, and in part reads:
SHOULD any tribe or band of
"Indians settling in said country
abandon their tribal organization,
''there being first paid into the
"Cherokse natiOnal fund 4 sum Of
"money which shall sustain the
"same proposition to the then ex-
listing national fund that the num-
'sber Of Indians sustain to the
"whols number ofCherokees then
residing in the Cherokee cOun-
"try, they shall be incorporated
"int0 and ever after remain a part
"of the Cherokee nation, on equal
''tsrnas in every respect with na-
sstive citizens. And should any
"such tribe, thus settling in said
"ceuntry, desire 10 preserve their
"tribal organizations, and to main
stain their tribal laws, customs
"and usages, not inconsistent with
1.-The constitution and laws Of the
Cherokee nation, they shall
"have a district Of country set of
"for their use by metes and bounds
"squal to one hundred and sixty
"acres, if they should so desire,
"ior each man, woman and child
"of said tribe, and shall pay for
s.the same into the national fund
"snch price as nlay be agreed on By
'.them and the Cherokee nation,
"subject to the approval Of the
president Of the United States,
"and in case Of disagreement the
"price to be fixed by the presi-
ssdent." +"
Whether east or west Of the
meridian mentioned the quantity
of acres al lowed each individual
Indian is one hundred and sixty
acres and to be paid for at price
to be fixed in the same way. Civ
ilized Indians ara more restricted
IN their purchase of Cherokee lands
than the friendly, because they
deal more directly with the Chero-
kee authorities, while the friendly
more directly with the United
States, as irstancs, the Ossges and
other tribes settled west. They
all have more than one hundred
and sixty acres, apiece for which
they have paid.
Because civilized Indians set
tied east, who might wish to pre-
serve their tribal organizations,
would be exactly in the same con-
dition as to --nds. as the friendly.
west. Neither would be entitled
tB more or could claim more
than they actually paid for. A
change from a tribal organization
Of civilized Indians to an incOr-
porati0n of the tribe into the
Cherokee nation ought not to ef-
feet the logic of this conclusion, or
give such Indians more advantages
or entitle them to greater prop
erty rights than they had before. By
no manner Of reasoning or by any
fair construction of the treaty pro-
vision above quoted, could 4 civil
lied tribe, preserving its tribal or
ganization and maintaining its tri-
bal laws, customs and usages, be
entitled 10 more lands than laid
of for its use by metss and bounds,
or 1t has paid for. As such or
ganized tribe it could not be part,
or its members be citizens, OF the
Cherokee nation. Should q tribe
In such 6 condition abandon its
tribal organization and become in
into the Cherokee na-
tion. its property rights could not
in any way be diminished. If not
diminished, by the same rule they
cOdld not be increased.
IL