The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-05-26

/ the administration Of Andrew johnson,
ceding the Kiowa and Comanche reserva-
ton to the Indians in consideration Of
their REIMBURSEMENT OF valuable posses
sions in the western states. extending TO
the summit of the Rocky mountains. con
tain binding provisions which it is evil
dent congress did not comply with at the
time the law of June 6. 1850, was consid-
cred and passed by congress. Article ? Of
that treaty contains the following provis-
| ion:
The United States agrees that the res
| ervstion herein described shah be, and
| the same is hereby. set apart for the alb
solute and undisturbed use and occupa-
/ ton of the tribes herein named, and for
such other friendly tribes or Individual
Indians as from time 10 time they may be
willing with the consent Of the United
States) 70 admit among them; and the
United States now solemnly agrees that
no persons except those herein authorized
so to do and except such officers. agents
and employees Of the government as may
be authorized TO enter upon Indian res
/ ervations in discharge OF duties enjoined
by law, shall ever be permitted to pass
I tory described in this article or in such
territory as may be addeo to this reser-
walton for the use Of said Indians"
Article provides: IN consideration
of the advantages and benefits conferred
by this treaty and the many pledges Of
friendship by the United States the tribes
10 OF parties to this agreement hereby
stipulate that they Will relinquish all
right to occupy permanently the territory
outside Of their reservation as herein de-
fined"
Article Il Of the same treaty provides
for the future opening OF the reservation
with the consent Of the Indians as fol-
lows:
NO treaty for the cession Of any por-
ton or part of the reservation herein
| described, which may be held in common,
shall be of any validity or force against
the said Indians unless executed and
signed by at least three-fourths of all the
adult male Indians occupying the same.
and no cession by the tribe shall be IN
/ derstood or construed in such manner as
to deprive without his consent, any in
/ dividual member Of the tribe of his rights
to any tract of land selected by him as
provided in article of this treaty"
On January 13. 1900, Secretary Hitch
/ cock sent ringing message to congress
against the ratification of the agreement
Of 1892 for the cession of the Kiowa lands
in Oklahoma, in which he pointed out
conclusively, from official data, that the
treaty of 1892 was defective and that it
did not comply with the provisions Of the
II ratified by congress without being re-
turned to the Indians for their approval
would have no binding effect. In the
course Of his communication. he says:
THE Indians have almost from the date
Of the execution Of the agreement protest
ed that the matter was misrepresented TO
them by their interpreters. Whether
they were Influenced by wilful misrepre-
sentation or false translation to sign it or
not, they believe they were so imposed
upon.
The agreement purports to have been
signed by 45e male adult msmbers OF the
tribes over the age of q Years. and the
agent, Mr.. Day. certified that there were
562 male adult members of the tribes con-
stituting the parties to the agreement
Therefore, the number alleged to have
signed the agreement were made to ap-
pear to constitute more than three
fourths of the entire male adult mem
bership of the tribes.
mo census Of these Indians was taken
IN 1892, but from a roll prepared about the
time the agreement was made or shortly
after, which was used in making a pay
ment to them IN January and February
1888, (three to four months after the date
Of the agreement), it appears that Jnere
were 725 males over the age Of IS years
of whom $50 were Fl years and over.
'Tf IS years and over be held to be the
legal age Of those who were authorized to
sign the agreement, the number who &C
tually signed was eighty-seven less than
three-fourths o. the adult male member
ship: and II q years be held to be the
minimum age. then twenty-three less
than three-fourths signed the agreement
In either event, less than three-fourths
/ OF the male adults appear to have so
signed.
1T therefore seems that beside willful
Misrepresentation and false trsnslations
/ to the Indians, as charged, to influence
/ their action and induce lem to sign the
! agreement, that the department was also
misled as to the actual number OF adult
male Indians in the tribes and that II was
/ led to believe by the certificate Of the
/ agent in charge that the number OF thos4
/ who did sign comprised more than three
| fourths Of the adult male membership Of
/ the tribes. whether IS or p years be taken
as the proper age Of signers TO give legal
/ effect to the agreement
/ The significance OF this is found in the
/ twelfth article OF the treaty Of 1868. which
! preciudes a less number than three
/ fourths OF the adult male members Of the
/ tribes from ceding their lands. the Ian
/ guage Of the treaty being as follows;
Article u. No treaty for the cession
! Of any portion or part Of the reServation
/ herein described. which may be held IN
/ common. shall be OF any validity or force
as against the said Indians unless exc
outed and signed b. at least three-fourths
/ OF all the adult male Indians occupying
( the same
Therefore. because Of the inadequacy
OF the anotments proposed by the agree
ment to PROVIDE support for the Indians
/ by stock raising. which much become
their principal industry. and Of the i'm
/ proper auotments 20 Messrs- Scott and
/ Day. and the apparently improper prac-
ticcs IN procuring the agreement and false
certincation as to the signers thereof 1
an CT the opinion that Il should not be
+ ratified
Commissioner OF Indian Afairs Jones
in an oslcial communication 70 congress
under date OF January 5. $50. refers 70
the reuudlatlon OF the so-cailsd Jerome