Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1899-03-30

nized as citizens of tn
Cherokee nation by the constitute,
authorities thereof, and who ar
not in the employment of th,
Cherokee nation or not in the EN-
ployment of citizens of the Chero
/ kee .natiOn, in conformity of tht
laws therefor in the employmen
Of the United States government
and all citizens of the United
States who are not residents in the
! Cherokee nation under the provis.
ions Of treaty or act of congress,
shall be deemed and held to be in.
truders and unauthorized persons
within the intent and meaning oil
section 6 Of the treaty of 1885 and
sections 26 and q of the treaty OF
July 19, 1866, and shall, together
with their personal effects, be re-
moved without delay from the
limits of said nation by the United
States, as trespassers, upon the
demand OF the principal chief OF
the Cherokee nation"
1t viii be observed that this
clause follows the first clause in
the treaty which ceded the Chero-
kee outlet to the United States,
and it begins by saying, "For and
in consideration of the above ses-
sion and REIMBURSEMENT the Uni
ted States agrees" So that this
agreement was part of the payment
of the United States for the Chero-
kee outlet. 1t was adopted by
congress in that form with slight
amendment. There were certain
persons in the Cherokee nation at
the time who, by their representa-
tives at Washington, or through
attorneys, insisted that injustice
would be done to them if this
agreement were ratified in the Ian
guage | have stated it. Therefore
congress appended an amendment
to this treaty, which was and is in
the following words:
"And provided further; That be-
fore any intruder or unauthorized
person occupying houses, lands or
improvements which occupancy
commenced before the 11th day of
August, 1886, shall be removed
therefrom, upon the demand
of the principal chief
or otherwise, the value of his i'm
provements, as the same shall be
by a board of three ap-
praisers to be appointed by the
president Of the United States, one
of the same upon the recommenda-
tion of the principal chief of the
Cherokee nation, for that purpose,
shall be paid to him by the Chero
kee nation; and upon such pay
ment such improvement shall be-
come the property of the Cherokee
nation: Provided that the amount
so paid for said improvements
shall not exceed the sum of
s250,0OO."
The Cherokee nation was re-
quired by the amendment of con-
gress to agree to this proviso as a
part of the Strip agreement. The |
Cherokee nation did so and appro-
Driated the sum named and a COM
mission was appointed and the
were made. In ap-
DraisIng the Improvements OF those
who had entered upon them prior
10 August II, 1856. the appraisers
.ound ninety-one places aggregat-
ng in value S6S,645. sc, and ten
iered the amount to the occupants
IF the land. OF this sum $50. .541.-
10 was accepted, while the sum Of
S29, 103.46, although rendered IN
egal money of the United States.
vas refused. The number thus re-
using composed nearly forty
heads Of families. The defendants
u this case are among those who
the payment rendered by
and although accepting
'ayment under the provisions
'nIch stated that upon such pay {
lent such improvements should
'ecome the property of the Cher0-
zee nation, the defendants contin-
ed to occupy the premises until
hls suit in ejectment was brought,
nd they are still in possession. d
1t will be seen that the persons
Tho, it is alleged, came here in
ood faith prior to August II, 1856.
re few compared with the great ,
lumber Of persons who We're al
eyed at that time to be intruders.
desire to call attention of coun-
el TO the provisions of this agree
lent. 1t was ratified as amended I
S l have read it, and as this !
mendment limited it. So far !
S the great body of intruders is /
oncerned, the provision as it was {
! the first draft of that agreement I
as tn the effect thot ,,nor The IL