Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-09-19
CHIEF HARRIS MESSAGE.
TO THE NATIONAL COUNCIL In EN-
IRA SESSION SEPT. IL, 1895.
Suggestions as to Manner of Proceed
Ing in the Intruder Matter-Council
Uurged. to Fully Perform the
Nations Part of Contract.
Tshleqush. 1T. Sent. IL. 1855.


To THE NATIONAL COUNCIL:
Having convened you in extra
session, it becomes my duty to in
form you, by message, of the rea-
sons for so doing. and to recon-
mend for your consideration and
action such measures as the occa-
sion, in my judgment. requires.
As you have undoubtedly appre-
hended, the purpose of the call is
to provide, by legislative enact
ment, for way of sure and sat-
isfactory settlement with that class
OF intruders in our nation who are
10 be paid the appraised value of
their improvements. The object
is, likewise to meet any plea or ex-
cuse for not removing such intrud-
ers from the country at the ap-
pointed time, on account of any
alleged neglect Of duty or obliga-
tlon on our part.
This opportunity l have en-
deayored to secure since last
spring or directly after the passage
OF the late act by congress, March
2, 1895, making appropriations for
the current and contingent expen-
ses OF the Indian department, but
not until recently have / received
any deinate information from the
Hon. Secretary of the Interior as
TO the meaning or intent of a Sec
tion OF said act in relation to in
truders and their improvements in
our nation. Only a few months
are yet remaining, after all my i'm
portunities, to make settlement
with intruders in time for their
removal, January /, 1896. 1t
therefore becomes you duty to ad-
dress yourself closely and care
fully to the Business set before you
in order that everything may be
ready by the time designated for
their removal.
That you may have the full text
and opportunity to acquaint your
selves with its provisions, it is
4NOeCa AOA thob pSl POSC.
"The Secretary of the Interior
is hereby authorized and directed
to suspend action under the pro-
visions of the act OF congress ap-
proved March 3, 1898, ratifying
the agreement with the Cherokee
nation of December 10, 1891, as to
the actual removal from the Cher
okee country of persons designated
by the authorities as intruders,
until the appraisal of the value of
the Improvements of such persons
shall have been completed and ap-
proved by the Secretary of the In
terror and submitted by him to
congress, and the removal of such
intruders shall not be made ear
lier than January 1, 1896: Pro-
vided, That whenever any intruder
shall have been paid or rendered
the appraised value of his improv-
ments, if he does not Immediately
surrender possession of the same
to the authorities of the Cherokee
nation, be shall pay rent therefor
at the rate usual in the country,
but this provision shall not be con-
strued to extend the time for the
removal of intruders according to
the foregoing agreement beyond
the first day of January, 1896"
The first part Of this section
treats of intruders generally and of
their removal from the country,
and delays such action until the
appraisal of Improvements shall
have been completed and approx
ed by the Secretary of the Interior
and submitted by him to congress,
and then proceeds to fix the time
of their removal on the first day of
January, 1896. The completion,
approval and submission to con-
gress of the appraisements by the
Secretary appear to determine the
removal of all at one and the same
time, although one class of in
truders is not entitled to pay for
their Improvements. But there is
evidently material difference be.
tween the two classes, found in the
fact of the appraisement or no ap-
praisement of improvements.
Why the same condition ap-
plies to both alike, as
to the time of removal, there is no
apparent cause to be applied to
both cases, unless to designate a
convenient time for the removal of
ALL Evidently one class has no
claim against the nation for
equities and must 60 at the ap-
poined time according to the re-
quirement of this Section, but when
we reach the other class, it cannot
be deemed certainty that they
will be dispossessed of their i'm
provements until they are paid for
them or rendered their appraised
value. 1t appears, therefore, that
there are no conditions, on our
part, to be observed with the first,
or requirements to secure their re-
moval from the country. But the
very nature OF our engagement TO
pay the other the appraised value
OF. their Improvements, implies a
character of property rights of
which there can be no dispossession
without value received, which then
becomes the property of the Cher
okee nation. This idea is contain
ed in the amendment by congress
to the agreement, and its condi-
tions for the sale of the outlet lands |
to the United States and reads:
"Before any intruder or unau-
thorized person occupying houses,
land or improvements, which oc-
cupancy commenced before the
11th day of August, A. ID. 1886,
ebo1l ba ra,,ovaI fharafrop1 unOu