Kansas City daily journal., 1897-01-28
SECRETARY FRANCIS LAYS 1T BE-
FORE CONGRESS-.
APPLIES TO cHICKAsAWS ALSO.
CANNOT BE ACTED UPON UNTIL THE
CHICKAsAWS SIGN.
Latter Nation Has Sent Delegation
to Protest, but Nothing Has Been
Heard From 1t Yet-An
Abstract of the
Treaty.

Washington Jan. G.-(Special) Secre-
tary Francis to-day sent to congress the
treaty of the Dawes commission with the
Choctaws and Chickasaws. 1t cannot be
acted upon in its present form, as 1t IS
drawn I'D as between the government and
both the Choctaw and Chickasaw tribes,
though only the Choctaws have signed.
The Chickasaws have sent a delegation
here to protest against the agreement, but
have not so far officially communicated
with congress, the interior department or
the Dawes commission. The latter body is
remaining here, under the direction of Sec
retary Francis, to be available for furnish
ing information that may be called for Ey
congress.
The main features of the treaty are en-
bodied in the following abstract:
1t is agreed that. Immediately on ratitica-
ton of the agreement, each of the princi-
pal chiefs or governors of said nations
shall be authorized to execute to the
United States, in trust, all the interest of
said tribe in the lands of the Choctaw and
Chickasaw nations. The United States
shall accept such conveyance and trust for
the sole purpose of executing and carry
ing into effect the requirements of the
agreement in respect to said lands. and is
required to deliver q patent to each al
lottee and purchaser of town lot, as evil
dence of a fee simple title.
All lands belonging to these Indians shall
so as to give each citizen of the same, ex.
cept the freedmen, an equal share thereof.
All lands set aside for townsiteS and the
strip lying between Fort Smith, Ark. and
the Arkansas and Poteau rivers to the
mouth of Mill creek, and ten acres each for
the buildings for the capitol and a number
of seminaries in the Choctaw nation. and
for such public buildings and schools in the
Chlckasaw nation as the governor thereof
shall designate, shall be excepted from di-
vision. and all minerals. including oil. coal.
pT1 md aG Nhllf Cll11 nf +0
the allottee, but the title to the same shall
remain in the United States government,
IN trust for the citizens of the tribe, ex-
elusive of the freedmen.
II 1t shall be decided that the Chickasaw
freedmen are not entitled to the land pro-
vided for in the treaty of 1866, and that the
Choctaw freedmen are, then the lands al
lotted to the Choctaw freedmen are to be
deducted from the portion to be allotted
under this agreement to the Choctaw citi-
zens, so as to reduce the allotments to the
Choctaw citizens by the value of the same
and not affect the value of the allotments
of the .Chickasaw citizens. The freedmen
who may be entitled to allotments of forty
acres each, under the treaty of 1866, shall
be entitled each TO land equal in value to
forty acres of the average land of the two
nations.
The appointments and allotments shall
be made under the supervision of the COM
missioners, and begin as soon as the prog
ress OF the survey now being made by the
United States will admit.
Each citizen shall have the right to take
MS allotment in land improved by himself,
but the improvements shall not be estmat-
ed In the value of his allotment. In the
case of minor, children. their parents or
and allotments shall be selected for prison
ers, convicts and incompetents by some
suitable person akin to them and desig
mated by the commission.
All lands allotted shall be inalienable for
twenty-five years. but allottees who are of
age. may sell one-fourth of their land at
periods of twelve and eighteen years after
date of patent, when approved by the sec
retary: All previous contracts for sale or
incumbrance are made null and void. No
allottee can lease for more than two years,
and only without the privilege of renewal
All disputes as to lands shall be decided by
required to put each allottee In possession
of his allotment and to remove intruders.
The rights of railroads now running
ritory, or under construction, are guaran-
teed.
Sales are prescribed for the location of
acres are set aside for South McAlester,
and 1850 acres for Ardmore. No new
@es to shall be eIne f off tos t than lots hre
which there are no improvements shall be
sold. from. time to time at the public auc-
the contract. Money paid into the United
States treasury shall be for the benefit of
the citizens. tribe freedmen excepted, and
at the end of one year from the ratification
of this agreement, and the end of each year
thereafter, the accumulated funds shall be
equally divided.
All male inhabitants of any unincorpor-
ated town over the age of q. citizens of .he
United States or of either of the five tribes
shall be qualified voters at town cleo
tiun, after residence of six months. Land
adjacent to Fort Smith shall be exempted
from allotment and shall be disposed of in
the same manner and for the same pur-
poses as provided for town lots, but not
till the Choctaw and ChiCkasaw councils
shall cause such disposition to be made.
The revenues from minerals, as enumerated
-T,,tI fn T,ft
States In trust for the use and benefit of
the two tribes and be used solely for edu-
cational purposes for children of Indian
blood If the Dawes commission shall
cease to exist. the properties of the tribes
shall be placed under the direction Of
three trustees, to be appointed by the pres
ident. one of whom shall be a resident of
the Indian Territory, one a citizen by blood
of the Choctaw, and the other of the Chick
asaW nation, and their time shall be for
six years. at salaries of $1,000 per annum.
Royalties on coal mines shall be paid into
the treasury of the United States. Leases
for minerals other than coal are to be
made by the secretary of the interior for
the benefit of the school fund
United States courts now existing. or
that may hereafter be created, shall have
exclusive jurisdiction of all controversies
patton possession or use of real estate and
minerals; also over all criminal cases. The
laws of Arkansas are put into force and
effect Tribal government is continued for
eight years from March 4. next. This stip-
ulation is made in the belief that tribal
governments so modified, will prove so
satisfactory that there will be no need or
desire of further change till the lands now
occupied by the five tribes shall, in the
opinion of congress, be prepared fer ad-
mission as state.
The right of congress to. at any time,
make needful rules and regulations respect
ing the tribes is reserved. All claims of
any kind which either the United States
may have upon the two tribes, or the re-
verse may be submitted to the United
States senate as board of arbitratcrs.
1t IS agreed that the Choctaws and the
Chfckasaws, when the tribal government
is dissolved, will become possessed of the
rights and privileges of citizens of the
United States.
The Choctaws' orphan lands in AIississip-
pi yet unsold shall be taken by the Unit
ed States at M.25 per acre, and the pro-
ceeds held to the credit of the Choctaw or
phan fund in the treasury of the United
States the number of acres to be deter
mined by the general land Office.