The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-18

ferred to IN the second article or the
treaty ef the gotta Of December, 1885,
etc"
As to the Cfeek Nation ART OF
treaty OF February 13i. 1893, G. Stat
at Large, 4t7l providcs.
"The United states VIII grant a pat
eni IN fee simple, 20 tho Greek ma
tlon Of Indians for the land assigned
said nation by this treaty or conven
tion. whenever the same shall have
been ratified by the President and
senate of the United States and the
right thus guaranteed 10y the United
States shall be continued 10 said
tribe of lndisns SO long 9s they shall
exist as a nation. and continue to oc-
cupy the country hereby assigned
them, and afterwards the patent was
issued in accordance with this treaty
stipulation
AS TO the Choclaw Nation. Art 2
Of treaty of September %, 1880. Ci
stat At Large 333) provides: The
United States under q grant specially
to be made by the President OF the
United States shall cause 10 be con-
vcyed 70 the Choctaw nation a tract
OF country west OF the Mississippi
river iu fee simple to them and their
descendants. tl inue to them while
they shall exist as nation and live
on IT.
President Tyler in 1912 executed
patent pursuant to the provisions OF
said treaty The habeudum OF the
| saup Isl as follows
"To have and to hold the same with
/ all the rights privileges, immunities
and appurtenances OF Whatsoever ma
ture thereunto heinging as intended
to be conveyed by the Aforesaid ar
ticle in fee simple to them and their
ldescendents 10 inure 20 them while
they shall exist as nation and live
on IL, liable TO no transfer on oliena-
tion excenl 20 the United States or
with their consent"
BY virtue the treaty OF 1887 on
Stat az Large 573l the CAickasaws
and Chociaws Jointly held the Choc-
taw grant on the same terms that the
! Choctaws previously held it
By virtue of treaty of june p 1850
i 1t WINS provided that a certain dis
triot In the Choctaw nation should be
occupied by tile Chickasaws, and that
the land included Ia both the Choctaw
and the Chickasaw district was ta be
held in common so that each and
every member of said tribes shall
have an equal and undivided interest
ia the whole. Art OF said treaty is
as follows:
"And pursuant { an act OF congress
approved May 2S. 1880, The United
States do hereby forever secure and
guarantee the lands embraced within
the said limits TO the members 4 tho
Choctaw and Chicasaw tribes. theii
heirs and successors. to be held IN
common: SO that each and every mem
ber of either tribe shall have an eWlai
undivided interest in tie whole Pro
ylded however. no part thereof saa'
ever be sold without the consent ol
both tribes. and that said land shall
rovert 10 the United states II said ln
i dams and their heirs become extinct
on abandon the same
Whilst we hold thar IN the case o
, lie Seminole nation the land anf
moprys of Chat tribe are public prop
, eriv aud are not held In indivdra
wnership IL Is MOI % be Inferred ina
), the same rule applies 20 ail The othel
nations OF the Eve civilized tribes
such question not hciug before us th'
same is specifically reserved
There can be no serious question
) of the authority Of Coagress % remove
) the restrictions upon the alienation o
Hand 81 the allottees without the con
s sent Of me tribe Thomas v. Gray
r i69' 4. s. 26l2e6: AZ 4. ed. fi0
, stevens " Racch Hse. ld3 y. - 9ol
an l.. ed. 2ff Cherokee 'fohaeco CO.
IN Wall, 6i6 30 T.. ed. 2zf
Ia section l5 supra of the Act p
congress of March 3 1893. wberell
the congress cOnscuts 10 the alioimen
i OF The lands in severaliy nli exceed
ins Que hundred and siNty acres o
innd 10 ans one individual vithh
lhc limits Cd the country occupied b
tho Cherokee Creek t'hqctaN ghi'
kasaW and Seminole nalin0s, ~ "a
carryiag ut the scifled poiicy there
. tol0ge existing on the part ~ ih
, general government toward the ~
dau tribes ln he various treaiie
made IA 1866 between The Iniie
states government aud ihe FIVE civil
7 1ei tribes q Is apparcnt that it wa
{ contemplated that these lands shonl
. be ultimately allotted Ia sefefai
4 / And said section t1 vas evidently p
aeried With the Nie~ that the india
tribes nnon their own Initiative
Hey elected miehi preceed Nlf
nch allotment and that such aioliee
[ would by detae of see 8 chap ~
"a Stat At Large SEQ snpfa hF ip
eomnleiIon thereof api me issn'ue
raians. hecme cizenf oi ne tn'te
Staies
Iu ne efctefiiuN section NHlfi
section rs of aid aei fQnsff als
j cnNI mniHleI The IF alton nI uc
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