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.
IVdshiugiOD March : 1892


Washington, March 5, 1892. I
THE PRESIDENT: There are here.
with forwarded for your considera-
ton and transmission to congress
The agreement entered into by
commissioners 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 u the le-
gality and effect of the contract,
the suiiiciency of the proposed bill
(Which has been prepared for con-
gressional action), and his views
on the questions of law relating to
the subject.
You will find in these reports of
he com nj issi.sa.s.--,.s i..l. uffuiru-
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 | think it unneces-
sary TO recur to 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
tion 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-
tiOn OF this commission for the
United States, congress authorized
the sum of S1.25 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 necessities of the country
and the fact that the Cherokee ma
tion, whatever may be its actual
right, has refused to take less than
the sum here offered. The negoti-
ations have extended over more
uts,.,. e-.,a. ,,aar- aud su-ry sfInrt
has failed TO bring out any other
result In fact, it has been ex.
tremely difficult to arrive at any
agreement 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-
volying many questions and rlAk-
ing in the department very vol
luminous record. You will per-
ceiye 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-
live, legislative, and judicial de.
partments Of this government will
retain the right TO redress any
wrong that might be inflicted by
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 lon
gitude under the second clause of
article 10 Of the treaty of July i5.
1866, and therefore the clause Of
the agreement abrogating this ar
ticle, 10. is unobjectionable.
But wish 10 draw your atten-
ton particularly 10 that portion Of.
the opinion Of ttr iha'lG