Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1893-03-15
synopsis Of the Cherokee Strin hill.


the Interior is hereby authorized and directed
TO contract to pay $. 100000 or so much there
OF as may be necessary In addition, to pay the
Cherokee Nation of Indians in full for all the
right, title. interest and claims which the
said nation of Indians may have in aud TO
certain lands described and specified in an
agreement concluded between David H. Je-
rome, Alfred NJ. Wilson, Warren G.. Sayre duly
appointed Commissioners on the part of the
United States, and Elias c. Boudinot, Joseph
a. Scales, George Downing. Roach Young
Thomas Smith. William Triplett and Joseph
Smallwood, duly appointed Commissioners on
the part OF the Cherokee Nation of Indians in
the Indian Territory on the 9Th day OF De-
cember, 1881, bounded on tho west by the
Tooth degree of west longitude, on the north
by the state of Kansas, on the east by the
south by the Creek Nation. the Territory OF
Oklahoma. and the Cheyenne and Arappaho
reservation. created or defined by executive
order dated August TO, 1859, which agreement
ie fully set forth in the message of the Presi-
dent of the uited States communicating the
same to Congress, known as executive doou-
ment numbered 81, Of the first session of the
Fffty-second Congress, the lands referred 70
being commonly known and called the Cher
okee Outier;' and said agreement is hereby
ratified by the Congress OF the L United States
subject, however, to the Constitution AID
laws OF the United States and the acts OF
Congress thar have been or may be passed
regulating trade and intercourse with the In
dians, and subject to certain amendments
hitherto. as follows:
THE AMENDMENTS.
Ammend the same by adding to the first
paragraph of article two of said agreement
the following words: "And provided further
that BET ore any intruder or Unauthorized per-
son occupying houses, lands or improve
ments, which occupancy commenced before
the 18th day of August, Ammo DOmmini 1856
shall be removed therefrom, upon demand
of the principal chief or otherwise; the value
OF his Improvement as the same shall be ap-
praised by board of three appraisers to be
appointed by the President of the United
States, one of the same upon the recommeu-
dation of the principal chief of the Cherokee
Nation for that purpose. shall be paid to him
by the Cherokee Nation; and upon such DAY
ment such Improvement shall become the
property of the Cherokee Nation" Provided
that the amount so paid for such improv-
mentS shall not exceed the sum of $25J,0J0;
and provided, further, that the appraisers in
determining the value of such improvements
NAY value the use and occupation of the laid.
Further amend the same by striking DOT
paragraph of article of said agreement
and changing the number of the subseuuent
parag raphs to correspond. And tue provis-
ions of said agreement so amended shall be
fully performed and carried out on the part
of the United States. Provided that the
money hereby appropriated shall De immedi-
ately available. and the remaining sum of S.
100000, or so much thereof as is required to
carry out the provisions of said agreement
as amended. and according to the act, to be
paid in five equal installments, commencing
ON the 4th day of March, 1885, and ending on
the Attn day of March, 1899, said deferred pay
ments to bear interest at the rate of per
the amount required for the payment of
interest as aforesaid is hereby appropriated :;
and provided further. that of the money here
by appropriated sufficient amount to pay
the Delawares aud Shawnees their pro rata
share in the proceeds of said outlet shall re-
mann in the Treasury of the United States
until the status of said Delaware and Shaw
nee Indians shall be determined by the courts
of the United States before which their suits
are now pending; and a sufficient amount
shall also be retained in the Treasury TO pay
CherO
kee Nation, or their legal heirs and repreSe IL
tatiVes, such sums as may be determined BY
the courts of the United States to be due
them. Nor shall anything herein be held to
abridge or deny to said freed men any rights
to which they may be entitled under existing
laws or treaties.
PAYMENT AND RATIFICATION.
The acceptance by the Cherokee Nation OF
Indians of any of the money appropriated as
herein set forth shall be considered and
taken, and shall operate as a ratification by
said Cherokee Nation of Indians of said agree
ment, as it is hereby proposed to be amended.
and as full and complete REIMBURSEMENT
and eXtinguishment of all their title, claim
and interest in and to said lands; but such re
linquishment and eXtinguShment shall not
innure to the benefit of any railway company
nor vest in any railway company any right
tite or interest in or to said lands; provided.
said railroad shall be relieved from any
further payment of compensation to said
Cherokee Nation, as required by law, for run
ming said railroad across the Cherokee outlet
And said lands, except the portion TO be al
lotted as provided in said agreement, shall
upon the payment of the sum of 1922, 13S
herein appropriated, to be Immediately paid
and the refusal or neglect on the part of the
Cherokee Nation to accept the same become
aud be taken to be and treated as a part of
the public domain. Provided, that if the
shall deem it more advantageous to- their
people they may issue loan for the principal
and interest of the deferred payment, piedg-
ing said amounts of interest and principal to
secure payment of such debt. But in any
opening of the same to settlement, sections
- and 70 IL each ow9ship, whether surveyed
served for the use and benefit of the public
schools to be established within the limits of
such lands. under such conditions and regul
atoms as may be hereafter enacted By Con-
gress.
Sections b. IA, Is. is, p, D. %, a. 25. 26,. 81
Is and the east half of sections II. 20 and -,
all in township no. 20 north, of range no 2
east of the Indian meridian, the same being
lands reserved by executive order dated July
1884, for the use of and in connection with the
Chilocco Indian Industrial School, in the In
dian Territory, shall not be subject 20 pubic
settlement; but shall, until further action of
congress- Continue to be reserved for the
purposes for which they were set apart in the
said executive order. And the president of
the United States, in an order proclaiming
which he shall make for the opening of the
ianos Tor settlement, may make such other
reservation of lands for public purposes as
he may deem wise and desirable.
BY PROCLAMATION.
The president of the United States is hereby
authorizes. at any time within six mon Tbs
after the approval of this act, and the appli-
ance of the same by the Cherokee Nation, as
herein provided, by proclamation, open to
settlement any or all of the lands not allotted
or reserved in the manner provided in sec
ton IL of the act of Congress approved
March 2 1889. entitled, IAN act making ap-
preparations for the current and contingent
expenses of the Indian Department and for
fulfilling treaty stipulations with various In
dian tribes, for the year ending June 30, 1899,
ane for other purpnses' 10Th Quilted States
statutes page l0O51; and also subject 10 the
provisions of the act of Congress approved
May 2, 1890, entitled, IAN act to provide tenn
porary government for the Territory of Ok
lahoma, to enlarge the Jurisdiction of the
United States Court in the Indian Territory
and for other purpOsee." aieo, subject to the
second proViso of section Is; the whole of sec
ton Is of the act OF March 3, 1891, entitled
AN act making appropriations for the cur
rent expenses OF the Indian Department and
for fulfilling treaty stipulations with various
Indian tribes for the year ending June 20,
- ~ 80 ~. Nj Az oonfiiot
with the provisions of this act. Each settler
on the lands so TO be opened to settlement az
aforesaid shall, before receiving patent for
his home stead. pay to the United States for
the lands so taken by hiiD, in addition 10 the
fees provided by law the sum of 81 30 per acre
for any land east of 974 degrees west loEgi-
tude, the sum of Sl.50 per acre for any land
between S74 degrees west longitude, and 81
degrees west longitude and the sum of 81
per acre for any land west of 9o3 degrees west
longitude, and shall also pay interest upon
the amount SO to be paid for said land from
the date of the entry to date of final payment
therefrom at the rate Of per centum per
annum.
No person will be permitted to occupy or
enter upon any of the lands herein referred
to except in the manner prescribed by the
of the President opening the
same to settlement, and any person other
wise occupying or entering upon any OF said
lands shall forfeit ali right TO acquire any of
SRnFQfAPV the -inTnTIEr
shall, under the direction of the President,
prescribe rules and regulations not inconsis-
tent with this act for the occupation aud set
Element of said lands, 10 be incorporated in
the proclamation Of the president, which.
Shall be issued at least twenty days before
the time fixed for the time of opening said
lands.
ALLOTMENTS.
The alotmeEts provided for in the fifth
section of said agreement shall be made with
out delay by the persons emitted thereto,
and shall be confirmed by the Secretary of
the Interior before the date when said lands
SHALL he declared open to settlement, and the