Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-11-08
Cherokee Lands West of Arkansas River

Cherokee Lands West of Arkansas River.
As early as 1905 parties of Cherokees had
settled on the st. Francis river in the then
territory of Arkansas. This emigration,
encouraged by the government OF the
United States, increased in nun berS and
eliminated in a division of the Cherokee
family under the provisions of the treaties
of 1877 and 1919 into the Eastern and West
ern nations the Western CherokeeS acquir-
ing separate country between the Arkan-
sas and White rivers and now in the present
state of Arkansas. In 1928 they exchanged
this country for a country to the west OF
the western line of the territory of
Arkansas. It is in this treaty that
we first hear of the outlet, but it is not the
outlet of to-day, or the outlet of the treaty
of 1893 and subsequent treaties. In 1883
modification of the boundary of the Chero-
kee country was made by treaty, and after
defining the exterior lines of the { 900, 900
acres the United States, in addition. guar
anteed to the Cherokee Nation perpetual
outlet west and the free and unmolested use
of all the country lying west of the 100000
acres as far west as the sovereignty of the
United States and their right of soil ex-
tended, and as soon as practlca-
issued for the land hereby guaran-
teed. This is the first promise Of a pat
ent. 1t is the ''land'' that is hereby guar
anteed as well as the free and unmolested
use of it, and it is the "land' for which
patent was to be issued. If, however.
doubt fingers as to the meaning of this Ian
guage, it will be removed by the third ar
tice of the treaty of 1885. 1t will be re-
membered that the treaties of 1917, 1919,
1928 and 1898 We're concluded with that por-
ton of the Cherokee people who, In the
treaty of 1877, are described as those who
desired ''to continue the hunter life" and to
whom an outlet as hunting ground' was
doubtless of use. While these people, for
the purpose of the treaties of 1877 and 1919,
were estimated at one-thlrd OF the Whole
Cherokee people, they never mum bered but
little over 5000, as was shown by the census
authorized by the treaty OF 1876, and taken
in 1851 The treaty of 1895 was concluded
with the portion of the Cherokee people
who in the treaty of 1917, are described as
those who proposed to begin the establish
ment of fixed laws and regular govern
ment," or. in other words, they had ceased
to be hunters and adopted the habits and
methods of civilized pursuits. To these
people an outlet or a hunting ground was
of no use The second article of the treaty
of 1885 CONSTITUTES and defines the provisions
of the former treaty, and reclteS tnat the
United States guaranteed and secured TO
be conveyed by patent, the following
tract of country, and mere IolloWS a
description of the seven million e 600, 0O0j
acres and the outlet, all of which Is lmme-
diately called the s'above cession,' and 1t
was apprehended that the ''aboye cesslon"
was not "a sufficient quantity of land" for
the accommodation of the whole nation, on
their removal West, the United States
covenant and agree to convey to said In
dams and their descendants by patent in
fee simple. an additional tract of land"
and here follows description of what was
afterward known as the neutral land " By
the third article of this treaty, the United
States agree that the lands above ceded by
the treaty of 1893, including the outlet, and
those coded by this treaty shall all be in
cluded in one patent, executed to the Chero-
kee Nation of Indians by the president OF
the United States according to the provls-
ions of the act of congress OF May Is, 1871.
1t will be noticed that in this article, the
word s.outlet' is used merely as descrlp-
tive term to designate particular tract OF
land. and the words 'sfree and unmoleSted
use,' are dropped out. Whatever difference
in tenure may have existed between the
seven million G000, 600 acres and the outlet
was entirely and forever wiped out. py TINS
article, and the tenure in all the Cherokee
lands, without distinction as to parts, was
founded and made to rest upon the act of
congress of May %, 1880. There was to De
one tenure, and one patent, according to
provisions of that act. This is the second
promise of patent. There are three i'm
portant provisions in the act Of congress OF
NAV 2S. 1880 L The president Of the
United States, s'may cause so much of any
territory belonging to the United States,
west of the Mississippi river, not included
ia NY state or territory, ETC., to be divided
Info suitable number of districts, for the
reception of such tribes or nations OF lndl-
eahs as may choose to exchange the lands