Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1892-03-24
THE STRIP AGREEMENT.
Report of the Secretary of the
Interior.
DEPARTMENT OF the INTERIOR.

Washington, March 5, 1892. !
The PRESIDENT: There are here.
with forwarded for your considera-
tion and transmission TO congress
the agreement entered into by
commissioner for the United
States and the Cherokee nation for
the cession OF certain lands therein
described, commonly known as the
Cherokee Outlet
A separate report of the United
States commissioners made in con-
nection with the agreement is also
forwarded.
Copies Of the foregoing and all
other papers herein referred to are
herewith forwarded for your use.
This agreement has been duly
considered by the commissioner of
Indian affairs, who has made W rit-
ten report thereon, and also by the
Assistant Attorney General assign
ed to this department, who has
rendered an opinion as t. the le-
gality and effect of the contract,
the suticienoy of the proposed bill
(Which has been prepared Cor con-
gressional action), and his views
on the questions Of law relating to
the subject.
You will find in these reports of
he commissioner of lndi an affairs
aud OF the Assistant Attorney Gen
eral so full and condensed a dis
cussion OF the different Subjects of
law and policy arising upon this
agreement, that | thinkit unneces-
sary to recur 10 all the numerous
points presented.
These officers disagree entirely
as to the title OF the Cherokee ma
ton to the lands in question, the
commissioner holding that the ma
uOn has 'the title of property in
perpetuity, and the assistant at
torney general that it had origin
ally only an easement and that
this has been abandoned. But, in
view of the fact that, at the crea-
ZION OF this commission for the
United States, congress authorized
the sum of sl25 per acre to be
paid for the land, although my
judgment concurs with that Of the
assistant attorney general, think
the price to be paid is one to be
decided by congress in view of the
present necessNes of the country
and the fact that the Cherokee ma
ton, whatever may be its actual
right, has refused to take less than
the sum here offered. The negoti
ations have extended over more
than two years, and every effort
has failed 10 bring out any other
result. In fact, it has been ex-
tremely difficult to arrive at any
whatever.
There is no reason that intruders
in the Cherokee nation should not
be removed upon a fair ascertain
ment Of the individuals. The rea-
sons why this action has not been
taken heretofore are numerous. in
volving many questions and max
ing in the department a very vol
luminous record. You will per.
ceive that the assistant attorney
general expresses the opinion, in
which | decidedly concur, that
even under the very particular
enumeration in the agreement of
classes to be removed. the execu-
tive, legislative, and judicial de-
partments of this government will /
retain the right to redress any
wrong that might be inflicted 10y
the Cherokee court or the demand |
Of the principal chief. But | rec
ommend, as he suggests, that if
there is any doubt by congress on |
this question this reservation Of
the authority in this government |
ought TO be expressed in any act
Of ratification.
There is, in my judgment, no
reason to longer insist upon the /
settlement Of other tribes Of In
dians in the Cherokee country east /
Of the ninety-sixth degree Of Ion /
gitude under the second clause Of
article Is Of the treaty Of July IS, I
1865, and therefore the clause Of
the agreement abrogaEng this ar I
ssiielle ssiiele IS Is, * aaeAlsiiessssii ifiah5lle
But I wish 10 draw your atten-
lion particularly to that portion Of
The opinion Of the assistant attor- j