Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1892-05-26

part oil the cherokee Nation, on
the 18th day of December, 1891
and ratified by the Council of the
Cherokee Nation, and approved
by the principal chief on the 4th
day of January, A. d. 1892, pro-
viding for the cession and relin-
quishment of the lands of the
Cherokee Nation lying west of the
96th degree of west longitude, rat
flied by the Congress of the United
States, and approved by the Pres
ident in accordance with the terms
of said agreement, and to resist all
efforts to modify or change the
said agreement"
We presume most OF those whom
we address are familiar with the
history of the negotiations of which
the formal agreement finally enter
ed into was the result. 1t is near
ly three years ago since an act OF
Congress was passed authorizing
the President to appoint commits
sioners to negotiate with certain
Indian tribes and nations for the
sale or cession of certain tracts
held or owned by these different
tribes, respectively. Among the
tracts to be so purchased for white
settlement was one owned by the
Cherokee Nation, which we have
the honor to represent before you.
Our ration holds, and has for
more than fifty years held her
lands, not by what is legally
known as Indian occupancy title,
but by conveyance from the Gov.
ernment of the United States.
Under authority of the Act OF
Congress of May, 1880, (Vol. 4,
Statutes at Large,) the Govern
ment of the United States bargain
ed with the Cherokee Nation and
exchanged, sold and conveyed by
patent, some fourteen million
acres of land, par of which is
the land now negotiated for. 1t
is not our purpose in this me-
mortal, nor is it requisite for the
ratification of this agreement to
argue that the Cherokee Nation
has a fee simple title to the soil;
if it had been, that question has
been authoriatively settled by the
Supreme Court of the United
States. 1t is not questioned by
any one that the Government un-
der authority of law, by covenant
of treaty, authenticated by patent,
conveyed to the Cherokee Nation
the " free and unmolested 3" use of
the property " forever" A por-
tion of that property the United
States Government desires to pur-
chase back for the use of white
settlers. For two years and-a-
half the negotiations were pending
at considerable expense to both
parties, nor is it surprising that 1T
should have taken so long if the
magnitude and importance Of all
the interests at stake are consider
ed. At every step the proceeding
were conducted under the highest
sanction of law and the result is
before you in the present agree
ment. On the one hand, is the
agreement on the part of the Cher
okee Nation to sell, cede and con-
vey one of the finest bodies of land
left on this continent. On the
other, certain agreements and
stipulations made by the United
States, through the commissioners.
of vital importance to the Cherokee
Nation, and insisted upon by the
people and Legislature of the
Cheroke Nation as a fundamental
basis for negotiation and iii addi-
tiOn thereto the payment ofa spec
flied sum of money. These con-
stitute an - entirety" OF considera-
tion, and it is expressly provided
in the body of the agreement, see
page 40, Executive Document No.
Sc }.
" 1t is expressly understood that
this agreement, ceding and relin-
gushing the title to the lands
herein described shall not be eff'ec-
tive for any purpose whatever, un-
til it shall in its entirety be ratified
by Congress and the amount of
herin agreed to be paid to
the Cherokee Nation for such ces-
sion and REIMBURSEMENT shall
have been appropriated by Con-
gress and placed in the Treasur-
of the United States subject to the
order of the Cherokee National
;"
There is a farther provision to
be found on same page, that unless
this agreement is ratified and the
money appropriated as provided
for before the 4th of March, 1S9 ,,
hat it shall be utterly void"
1t is not improper here to state
hat after the agreement had in all
is parts been finally settled on by
he Commissioners representing the
contracting parties, and formally |
signed, and came before the two
branches of the Cherokee Legisla-
ure for ratification, there was
With some members a feeling that
he amount of money was small |
to the value of the tract,
md that the other stipulations did |
lot induce all the provisions that
night or should have been secured /
n conceded, still those bodies re-
that the period for di-
)lomacy had passed, and if an
lgreement was ever to be reached
he one before them must be rati-
led in its entirety" " This we
We present to you as the highest
violence that could be adduced to
how that the Cherokee Nation
vas willing to meet the United
states on the proposition the lat
er made, on the best terms of
Ionorable settlement that could be
btained. In representing her, we
Tould further assure you that we
ully believe that those who act
mr. tho ITnitad Sfatas will NOT he |