Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-11-12

own here about 1000 900 acres, making in
all about II ,0O0, 600 acres, so that, without
the 500 600 acres which you buy by this
treaty, you will have 1000, 600 acres more
land west of the Mississippi than you had
before the treaty of 1917 The fourth
article declares that all your lands west
shall be secured to you by a patent deed
from the president of the United States,
and you will Holt it by the same title that
the white man holds his lands"
A strip OF country about three miles wide,
and running from the eastern end of the
Cherokee country to the western end of the
outlet, was ceded to the United States and
is now in the state of Kansas. Parcels of
this land under homestead laws have been
sold from time to time for twenty odd
years, the proceeds reported to the secre-
tary of the interior, appropriated by acts of
congress and turned into the Cherokee
treasury. No distinction has ever been
been made in the prices of lands in the out
let on account OF the tenure by which the
Cherokees held them.
In 1888 congress made an appropriation of
three hundred thousand $500, 00O) dollars
due, as the appropriationobil stated unuer
appralsenent, for lands west of the Arkan-
sas river, and in this appropriation it was
made condition precedent to its payment,
that the Cherokee nation make deeds salts
factory to the secretary of the interior, in
conveyance for certain land upon which the
tdNHeGS, OtOeS anu
had been settled, and on the 18th day of
June 1883, the Cherokee nation, through its
duly authorized agents, made the conveyan-
ceS as required by the act OF congress, and
in conformity with the sixteenth article of
the treaty of 1866, to the United States in
trust for the tribes settled upon these lands.
Acts of congress approved July 4, 1884
1.-TWO of same date, June l, 1856, June "a,
1886. and May IA, 1888, each contain the fol-
lowing identical provisions: THAT said
corporation is authorized to take and use
for all railroad purposes, for railway and
for no other purpose, right OF way 100 feet
in width through the Indian Territory.
That no part of the lands herein
authorized to be taken shall be leased or
sold by the company, and they shall not be
used except in such manner and for such
purposes only as shall be necessary for the
construction and convenient operation of
said railroad, telegraph and telephone lines,
and when any portion thereof shall cease to
be so used such portion shall revert to the
nation or tribe of Indians from which it was
taken. Section 5. That said railway COM
pany shall pay to the secretary of the in
terror, for the benefit of the particular ma
tions or tribes through whose lands said
road may be located y $50 for each
mile of road it may construct in said Terri
tory: said company shall pay over, so long
as said Territory is owned and occupied
by the Indians. TO the secretary OF the inte-
aior the sum of SIS per mile for each mile of
railroad II shall construct in said Terri
tory" All these acts acknowledge the own
ership of lands to be IN the Cherokee Nation,
and make no distinction between the roads
running east and those running west, as to
the tenure Of the lands. One of them runs
through the extreme western end of the |
outl t.
In conclusion will refer to one or two |
decisions on our title to these lands, by the
judicial department of the government of |
the United States. In the case of the Cher |
okee Nation VS.. the Southern Kansas Rail |
way company, whose road is located on the |
so-called outlet, Judge l. G. Parker, as he |
had in former opinions, held that 1.-The |
title TO all the lands of the Cherokee Ma |
ton was obtained by patent from the United |
States" This title he describes as "a base,
qualified, determinable fee, without the
right Of reversion, but only the possibility
of reversion in the United States. This in
in effect" he says, puts the
whole estate in the Cherokee Ma
tion.'' The supreme court of the
United States, in reviewing this case.
denies that the right of eminent domain
was exclusively in the Cherokee nation, but
admits the right of soil. 1t says, that the
fact that the Cherokee nation hold these
lands, in fee simple under patent from the
United States is of no consequence in this
again it says, 1.-THE lands
in the Cherokee territory. like the lands
held by private owners everywhere within
the geographical limits of the United States,
are held subject to the authority of the
general government to take them for public
objects, as are germane to the execution of
the powers granted it, provided only that
they are not taken without just compensa-
ton being made to the owner"
l think the conclusion must be irresfst-
ble to every honest mind that our title to
rhn laf,f ic ha nd net |
as our title to the country east of the Goth
We gave in exchange for this
country country east of the Mississippi
river, out of which the government realized
over $50, 900, 900, and at the time of the ex-
change the outlet was thought to be an
rredeemable waste.
We have had the peaceful and undisputed
possession of the so-called outlet for
period of over a half century. Our title to
t, which is by patent in fee simple, is now
4 matter of record in the general land office
1t Washington, d. c., and which original
document remains among the archives Of
he Cherokee Nation with the personal sig
nature of Martin Van Buren,, president of
he United States, thereto attached, and it
vas never.disputed by any department Of
he government, from the days of Andrew
Jackson down to the present administra-
ion, when, in order to buy it, our tenants
we're forcibly elected, our finances thrown
MO OuF CEtulb OUR III |
titutions of learning closed, and our chill
lren deprived of the means of education,
md all for no other reason, that l can see,
han that we We're unwilling to part with
hat which is ours for less than its value.
proposition to buy the outlet will in all
be submitted again to you
turing your present session. If such
proposition is entertained at any time, it
certainly must be done at fair
'aluation of this property. I do
lot believe that the power exists
anywhere to take these lands from the
Jherokees without their consent, unless by
n act of robbery The Cherokees cannot
ford to lost sight of their treaty stipula-
ions with the United States government,
which defines the status and ownership to
hese lands.
If the sale is made to the United States
must be done through revision of the
reaty of 1866, by which the land may be
to the government for other pur-
'oSeS than the settlement of. friendly In
ians, which contract for the sale to friend
y Indians is thoroughly understood, and
las been partly carried out. Then let our
Citations with the United States be more
ccurately defined, and let every right that
'elongs to the Cherokees be permanently
ecured. Let many Objectionable and OPP
ressive features Of the treaty of 1866, that
we're forced upon the Cherokees at the
lose of the war, be stricken from it as a
ondition of the sale Very respectfully,
j. B. MAYEs, Principal Chief. I
|
Patriot Montt. ,