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

OF ulSlTicl, So markeu as 10 be easily
distinguished from every other,H
residue of their lands east
of the Mississippi river, second time for.
The patent issued by Martin Van Buren,,
president of the United States, dated De-
cember 81, 1885, recites: ''And, whereas,
the United States has caused the said tract
OF seven millions OF acres, together with
the perpetual outlet to be surveyed in
one tract, the boundaries whereof are as
follows:" And here follows the boundary
lines, and then follows the conveyance of
''the two tracts of land so surveyed and
herein before decribed, containing in the
whole fourteen million, three hundred and
seventy-four thousand one hunded and
thirty-five acres and fourteen one hun
dredths of AM acre. The distinction be-
tween the seven millions of acres and the
outlet was forever obliterated. No man
knows, or ever knew, where the western
line of the seven millions Of acres was. or
is. The third article of the treaty of 1875
superseded the necessity for its definition.
1t should not De forgotten that the United
State sold this country twice to the Cher
okees. Once in the treaties Of 1S2S and
1888 to the Western Cherokees,
in exchange for their lands in Ar
kansas, for which they had ex-
changed lands, acre for acre east of
the Mississippi, and again to the Eastern
Cherokees in 1885, for the residue of their
lands east of the Mississippi river. And out
of this fact grew the troubles and conten-
tons IN the Cherokee family prior to 1916.
The Western CherokeeS claimed the exclu-
sive ownership of all the lands as conveyed
TO them by the treaty of 1888, and for which
they were promised patent, and the East
ern Cherokees claimed an equal ownership
with their Western brothers, under the
treaty of 1875. This contention was adjusted
by the treaty OF 1916, the Western Chero-
KEGS relinquishing their claim to exclusive
ownership for a sum of money. The first
article OF this treaty provides 'that the
lands now occupied by the Cherokees shall
be secured to the whole Cherokee people
for their common use and benefit, and a
patent shall be issued for the same, includ-
ing the 100000 acres purchased, together
with the outlet promised by the United
States in conformity with the provisions
relating thereto contained in the third arti-
Gle of the treaty of 1885, and in the third sec
ton of an act of congress, approved May
IS, 1892 Then follows the section making
it a part of the treaty obligation. This is
the third promise of patent, and the franz
ers of this article must have been i'm
pressed by the words-"the lands now oc-
cupied by the Cherokee Nation''-was
wanting III descriptive force, and added,
the 100000 acres purchased" and the out
let, using the word outlet merely to de-
SCIlDC dIOGucF StCllbu VI country W Ue III
cluded in the patent. This view is sus-
tanned by the fourth article, ''in1considera-
ton" of certain stipulations the Western
Cherokees relinquish their claim to the eX-
elusive ownership of the lands coded to
them by the treatyof 1888, west of the Mis-
siscippi river, including the outlet west,
conserving and agreeing that the said lands
tCgether with 100000 acres coded to the
CEerokees by the treaty OF 1885, shall be
and remain the common property of the
common property of the whole Cherokee
people, themselves included. Here it Is
agreed that the 'outlet" shall be and re-
main the common property of the whole
Cherokee people, and no distinction is
made III the common property the ''out-
let'' and other parts specially designated.
The treaty of 1856 created a new line of
division i'll the Cherokee country. This
line is the Goth meridian East of this line
the United States may settle civilized In
dianS under certain conditions, but nothing
is said of conveying lands to them by any
tenure, while west of that line, where the
outlet lies, 1.-THE United States may settle
friendly Indians in any part of the Chero-
kee country, the boundaries of each district
TO be distinctly marked, and the land con-
veyed in fee simple to each of said tribes"
No one will assert that our title is better in
the Western section than in the Eastern.
Yet it is to the Western. section we are re-
il TO be supposed that the government of
the United States would require US to make
u title we did not ourselves hold.
Judge l. G. Parker of the Western dis
trict of Arkansas, in the case of the United
States vs. d. L. Payne, says: "A treaty,
like statute, must be construed to give it
effect, if possible, and courts always adhere
to this rule.
'In constituting this (the Seminole) treaty,
we have right to take into consideration
the situation of the parties to it at the time
it was made, the property which is the sub
ject matter of the treaty, and the intention
and purposes of the parties in making the
treaty. To get at this we have 4 right TO
consider the construction, the parties max |
ing it, and who were to be affected by it
have given it" Applying this rule, and no |
one will doubt its soundneSs, the conclusion |
Is overwhelming that we own and hold the |
outlet, so-called, by the same tenure we own |
and hold the country east of the Goth meri- |
dian. Secretary of War J. c. Calhoun, jan |
uary 2f, 1925, addressing the president of |
the United States said, 1.-The lands west of |
the Western Cherokees should be reserved, !
rs means of exchange with those |
who remain East
On March IL, 1895, Andrew Jackson. |
president of the United States, declared to |
the Cherokees East, in public address, |
urging them to move West, that he should |
offer the stipulations of
IAN addition to the country already as
signed to you west of the Mississippi, and |
for the conveyance of the whole of it, by |
patent, in fee simple"
President Jackson told them in the same
address that there were
Not less than thirteen million eight
hundred Thousand Q3,S00, 000) acres des-
tined for the permanent residence of the |
Cherokees." (Pp. ~ Eq. Doc. 2S6, 81. Il.
lSt SeSS. Twenty-fourth Cong.)
Benjamin +. Curry. United States Indian
agent at Cherokee agency, on Asril 10. 1885,
inclosed this address of President Jackson
to Hon. John Ross, chief of the Cherokee
nation, stating:
Enclosed you will find copy of PROPOSE
tons from the president of the United |
States, with an address affixed thereto,
over his own signature, which he has di-
rected me to forward to you"
Lewis Cass, secretary of war, in charge
Of Indian affairs SENATE doc. 100, I'd sess.
cong, p. 9S), referring to the treaty under
with Ridge and others, re-
ports:
"a tract of very valuable land estimated
to contain about 100000 acres West of the
is to be added to the territory
already possessed by them. This territory
contained about seven million
icres, In addition to which they were entitled
20 the use of another tract containing about
six million acres, for the purpose of an out
ct or communication with the tribes and
country west of them. 1t is proposed in
he arrangements with Ridge and his party,
o grant them the entire property of this
ract of 6, 000 900 acres for their uncondi-
ional use: this will make for the whole |