Our Brother in Red. (Muskogee, Indian Terr.), Vol. 7, No. 48, Ed. 1 Saturday, November 23, 1889 Page: 1 of 8
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Theo. F. Bkkwkr,
J. L. Futrkll,
VOLUME vn.
Editors.
fw t .
Christian Education tUt -Jiv/,* tk* Tnd'mu,
MUSKOGEE, INDIAN TERRITORY, SATURDAY, NOVEMBER % \m
TKRM8:
—J-lafc JLmll .. .,
()NRiVlCAi $lV
Six Months, 50ots.
lcttfl jw.v-"j^x* j.'t .
". 3TO#im 4K
J. O.CALLAHAN,
Physician and Surgeon,
Ollice at Cobh't- Drug Store,
Mitakogef, . • I. T.
CHARLES HARRIS, M.J).
Physician and Snrgeon.
Mii&kopee, . • I. T.
V ...
J. R. BREWER. M. D.
Pliysician and Surgeon.
MUSKOGEE, I. T.
E.C. Boudinot, Jr. Wm.F. Habmcs
BOUDINOT & RASMUS,
Attorneys at Law,
Tahlequah, - . I. T
Will practice In all the Courts of tbe Clier-
okeoNatfon. l^prcial attention (riven to eol-
n 'lections and claims of all kinds, whether
Bfrainst individuals or the Nation.
Henry L.Haynes,
Attorney fit I^avv,
Muskogee, f. T.
Office over the Post Office.
Will practice in the Muskogee and
Fort Smith Federal Courts.
R. B. Shepard. J. I'. Grove. H. 0. Shepard.
8HEPARD, GROVE & SHEPARD
ATTORNEYS AT LAW,
Ryr.ie's store on
t hill. Ter.
o.'lfco: opposite 'i'u.-nor
Ma-ln Sl«eu
ivUekogee,
wi^o^twn isRio^to^^Iop. A. II.
cm:.not ICatisiis.
THE CHEROKEE LANDS.
IMM I IYIRNr II I'M it 111, I'll 10 ( Oil.
tilsmomins lotiii: (Iieiioki'.i:n,
Pin t Rtcii fn llio Kofiiuillon of the
< o(ttlUl |.>ii t l '. nim iM* I M illo
« il>« I iitl In lis to •eli.
hx'i-iiii;lu' n- i> lif.ir.
Taiill\' ah, 1. T.. Nov. 15.—The
Uui'.ed Stuti s Commissioners Urn even-
ing submitted tho following document to
(be bentto committee on foreign rela-
tions, which Wiis read and Interpreted In-
to the Cherokee language:
The Cherokee Council, Tahlequah,' I.
T.—Yen are aware that by an act of,
CoDgn S3, approyed March 2, IK89, we
were appointed Commissioners to nego-
ciate with the Cherokees for the pur
chase, at $1 25 per sere, of their title,
claim or interest in the land known as
the Cherokee outlet, whether euch title
claim or icU ii;.jt be good, bad or indiff
erent. We are not here to discuss the
title, or do we expect you to discuss it.
THE FIUST 8TBP.
The first step in the formilion of this
commission was the presentation of a
request by Hon. J. B. Mayes, principal
chief of the Cherokee Nation, before a
committee of the United Spates Senate rn
February 11,18% in the form of a bill to
organize the T« rritory of Oklahoma,
wl i h bill provided that the territory to
bo i rganized should on tain land k.-.own
us the C j' rokee outlet.
These r< quests were in those word?;
"We would simply ask you to seni a
committee down there and tell cur peo-
ple: what you want. I think that is fuir.
It seems yuir paople ought 1o treat us
,vUh si me r< sped, and ought to ome
dowu met ask us what wo want to have
done tli /iit it."
Cherokee home land Wi u' I t■ mHmio to ' homestead settlers, and benefit the ret-
bo rapidly fenced In, and appropriated by ei vatlon Indian* by giving them I ho as-
wealthy Qtairoktt s and .. ncjti/.-'iH, who i elation of intelligent people of their
bought contract of biro from K^to|i( c o •> race. This wmild betheinotl e. on
cltizecs. The porr.'r i;htrok<!i)) w< uM'Minicsl pVin the ! n-.i ,m i ; , m\l r,r-
'iti deprive d of U is l. u tbo.• 1 -ue, not seeking cootmnly, nor doet it de-
■i:0, and their borne Ui, ; - uld t>« fer red1 ewto-purtne the n;.ntsa indicated, but
j up by intruders i'■ < '.icre.k'-tk v. 'to | wishes to i^.pt that mrnhoil of etprnhu'
I with to improve their ji vu g would fad 1 untrttftri Und in this territory will of
to get tho mcuua lo with* after the ninety sixth degree wh'eh will be
i lie offer was nj;cti!. The govern- I most agreeable to and for the boat inter-
ment would have to cvmldrr what comae est of all r tncorned.
j ila du'v rnj'iiris it !,•> d The g< v.-rn Wo assure you tho government enter'
| ment btving fvuod that'.bo leueea made tuirf no feeling anttige)nist:<- to the
contrary to liw have Uu terlaiu of its ''htrokee people, but, on the contrarv,
own citizen* to put ilim telvts in active desires that the Cherokees, as all parts of
and peis.Aleut opposition to the .govern- (its population, tshull continue to advance
ment aid to the ii jury of the best in | in wealth aud protpeiily, and you are
J. G. RALLS.
From !\ it Smith.
W.D. CRAWFORD,
J'n.m Fa; ottevilie.
Ralls & Crawford,
ATrORNEYSATLAW,
Mvsicogke, - • Ind. Ter.
Special attention (riven to all business in the
II. S. Cwurt. and bhf <re the U. S. Oimmit-
sioner. Pension ela ms at'or ded to, etc.
Otice in the new court House.
STEPHEN, LEOBETTER
2c HERBERT,
MUSKOGEE,
IND. TER.
DuVal,
Oravensj
Jackson,
js and Counselors al law.
A
Mitslcogee,
I. T.
Will practice in the United States
Court at Muskogee.
Collections Wade promptly.
Or ^ICE: iviu 11 i-i. {Street.
)
W. L. AUSTIN,
Muskogee, l.T.
PRES. 8. LKSTER, Jr.
NasliYlllG, Tenu.
AUST1M & LESTER,
Attorneys - and Collection - Agents,
^""Will practice in U. S. Court for Ind Ter.
MUSKOGEE, - IND. TER.
Refer to F. B. Severs and Itc-v. Theo. F. Brewer
S,0, HINDS. W.C.JACKSON,
Late Judee 14th Oist Kansas, Of the Arkansas Bar,
D, SUVVAKT ELLIOT[,
Of the Kansas Bar,
Kinds, Ssg&s&i] &
LAWYERS.
X/ooated tit Muslcoeee,
inu. Ter.
Will practice iu uie United .states Court for
the Indian ferthory and in the United
States Court at F- rt Smith, Ark.
| S.^v.r,c^}5-')"r should
-1':'tinvule io" scrt'l* tt cSmfe to the
Clitrokce c ,untiy, do you ihink we could
hive a conference with your peejple in
oru;r io talk about this matter?
Mr. Mayes: Oh, yes, we would be very
clad to have you come and see us. We
will talk to you about it, will call the
people t >gether and let them talk to you.
There may bi some of thnn who will
want to sell their land at $1.25 per acre,
but I am not in fayor of it myself.
Senator D ivia! You will talk but ycu
will not sell.
Mr. Mayes; Well, we might, but Wont
to talk i b >ut it.
Chairman: But suppose you can get
more interest from tbe amount you
should get ti an you are now getting in
rent for the lands.
Mr. Mayes; Well, go and ask our peo
pie.
In c mpliauce with the request of
Chief M yea an set of Congress was
ptsased creating this commission. Our
visit to the i Bu ckie cipitol in July last
was unpii. tu-tivo of any result, because
tbe Cherxl> i t; government has made no
preparation of officially receiving the
government ^il'._r. We ere here again to
lay the government's proposition before
your honorable body.
BEJiM'tTB TO ACCRUE.
Th: Cherokt-Lsby accspting this ofEer
ciuld be benefited in these ways; First
your income would be almost doubled t)
what it now is. Second—Over $3,500,
0C0 may be divided among tbe people.
Perhaps $150 to each Cherokee, and the
interest of the remainder would be nearly
tqual to the present income. Third—
The whole payment if divided among
the people wcu'd make about $300 to
each pei son, or enough for each family
to cpan up good farms. Fourth-Paying
of these sums and the inclosing of lands
by the Cherokees that would follow
would b ; a sure relief from the intruder
and land monopoly troubled that threat-
ens socn to leave the poorer Cherokees
absolutely without lands or their home
place.
lens's of the Chen ki e*. dccidcd to end
this condition of i (Tiirs and not allovy cat
lie on the ou let afler it few months.
This has alwa\ 8 b i n i^rded as possi-
ble even by th: lessees demjelvts, aiut
it was provided in the lets?, dated July
5, 1853, that the leaBe might be tcimina-
ted on six months' nolico by the Cher-
okees.
It was reported that tho offers wrra by
men who wjuld specula - in the land.
It was ntver asserted that the men bad
the money to pay the,; offer. All the
proposrd clTera, however; have readied
iu one recently written, which asked the
Cherokr.s tobind themv v js to a leas-.:
for a term of 10 ycar«, ,!o begin fohr
years hecoa, with the privilege of trans-
ferring tho ieesa to oti.ir parties No
reatcn wi s advanced for contracting so
ma«y years before any thing can be done.
Under tbju contract there could not be
any «B?utance when Disking the con-
tract that the.omen woi'ldbe aidetQjpfly.
lo or 15 yeaMfhe-ncte, it- the contract
bo legal could tbe yh' r|v liijpf
a'a) tsiurod that this commission it fully
assured ef thai eenliment by tbe liberal
< tier made by the government fetr the
cesBion of ycur tille, claim or interest to
the outlet as an open butiaeaa proposi-
tion, which you are free to consider and
set upon as your best judgment may
dictate, without cocreing or undue in-
fluence from any quarter. Wo are very
respect fully, your obedient servants,
(Signeel) Luciuj Fai«cikld.
A. M. Wilson,
CjmmissionciB.
Honu k Speed Sdcretary.
BSeply to (lie ConipiU*loiicrN.
. , JiM
given for its parfptmr-rce, It wt^ well
W'oVW/ t>>ut Iho offet cfmld A6t "be
oonoe a le?f>.l contrPc urless approved by
Congress. It was also well known that.
■iclding the outlet s a utile pasture b ,l I J° [ commiKtou i« authorized to no-
b, in a cons'ar.t ii jury to ti,, eommuuitj j «>e Cherokee Indlane tor the
which it a- i lis and <W larSe sule, | putehaae of the title t,nU«nd.ly.ngweH
whose cob u;e,cj should naturally pa!B , fl'6/ d >'r0'ls0
further authorized to pay $1 25 per acre
"Tahle<>imi I. T., Nov. 15, I889 —
Hons. Lucius Fairchild and Alfred Wil-
son : Genth—1The various communications
and propositions submitted by you to the
principal Chief of the 6'oerokcc Nation,
and by h'm referred to the Naliu*iul
Council, which bodyjiavifig referred the
matter to c ur committee, wo tl' 9iro b<'- j
r'r''c~thfii/or45 "1,1(3' ^pd()n Uicro
we mens! respect fully solicit fr >m yfmltti'
anBWer to the following ejuesli ns:
"1, By the terms of the acts of C.n
n;. j' • V..;, itlarch 3, 18Sg, it opp^HTf
through it. It was, therefore, well
known that Congress could not and
would not approve a lease which would
continu) for years thesj evils, in order to
further the f peculation of private citi
zens who had not the money to pay their
offer, and could give no legal assurances
therefore, and who were already antago-
nistic to the government to the coitain in-
jury of the Cherokee and to other peo-
ple of the United Statefl.
PURPOSE CF TUB OFFER.
The purposeef Hie offer by the I'j.ifcd
States is it'it spec'ik'i "-: but surely to
open the outlet for s- Moment, It pro-
poses logivo the land to Ike pool' and
ho melt 00, no JUilUr v'ti they ?-ro or
whence they com9. . A Cherokee, after
taking his share of the sum offered,
could go over and homestead on the out-
let upon taking the oath of American
citizenship as freely as other peicoiiS. In
case the government does" not open tic
cutlet for settle meut the iff< rt will be
the greater to open^other land Bouth of
the outlet to Indiano who have no title to
the several million acres of land which
they occupy. These lands will be opened
soon if the Indians t'uer 3 now d) not de-
sire to lite among white people or to
abandon theft tribal relations. They
will ol ject to remaining on the reecra-
tion after they an settled by the Whites
and in case these Indians are to remain
unpicked, using the public roads, schools
and property, but not contribute to their
support. The settler will also cbject cs
pecially when it appears that the gov-
ernment gives the Indians the Cherokee
land on the reservation for homestead
before settlers are admitted.
oijjectioss to be avoided.
To avoid the objections tbe govern
on the same terms as made with the
Creeks. As the United States, by act -of
Congress approved May 11, 1872, fixed
ihe price of a nairow portion of these
very lands, west of 96 degrees, at $2 and
$1 5d per acre, and as such lands have
more than doubled in value since that
time, and would now command a much
higher price for any other purchaser, and
hs the portion of your instructions sub-
mitted to us do not show any authority to
negotiate, as the actii seems to contem-
plate, wo would most respectfully a*k
whether you are prepared to submit any]
i,Hk r proposition' Or mike any ether of-
fer for theBe lands. j
' 2. In th;- letters of ycur Commission
now before us, dated July 31, August 2
und 13 of the current year," and other
papers you offer us $1.25 per acre for all
our lands lying west of 96 • upon the same
lorms aB is previded in the agreement
made with the Creek Indians. An ex
iimination of the act in relation to the
Creek cession recently made to the
United StateB shows us that the full
amount was appropriated by Congress,
which has been paid or placed to tbe
crcdit cf the Creek Nation, and the
transaction was thus completed previous
to its being opened to settlement. Would
respectfully ask if tbe necituary money
has been :;; ; .' ited by Congress to pay
the Chcr.L .c ;.Mon for such land" or if
it is asked of us to yield pofsttsion of and
N nttiin <0 rxcrwite n frenh title, conveying
"•t rti Tii'i n-sk* rcnl or imaginary, iir«the
uds occupied by tho Hh*wnees, Maw-
it-1 N'e: lVrrpt aril other IribeR, to tho
1 'it,I UtA!The .Cherokee Nation,
um t r authority cf lav. has already m-itle
>1 vnun-of hi! i t in' reM 11
1 ha land ct iipioel by them lo tbtue trfbet
■for :t consideration. At in your Statu it
is made a crimo to convey real istalB'tlrst
to one parly and then try to convoy to
another, we a k t i know If we can (with
[iropri ty m ike a nowcwitvejMieoanJ ex-
■ i*« tin* tlik we haw already giWen to
m frtTm n probably hustile
interekt, and in this condition! we
would respectfully ask why the
lands wes', of 96' east of Arkansas
ll'.ver, aro treated differently from
those west of it. They are conveyed under
:he tame authority by exactly the same
character of deed. Tee Oiage land,, like
the others, wero never appraised, at the
treaty required, although the representa-
tives of the Cherokee Nation conferred
with the Osages, and expected to obtain
$1.25 per aero in IMS, but tho United
States docs not permit any nppmise-
ments by the parties to be made. Con-
gress, by an act approved March 3, L873,
appropriated$/.tt3o,0oo, there bung cb-
liwaled l,65o (loo acres, bein^ an amount
equal to$i per acre, but although ihisap'
propriation was made by Co'igrcvt there
never was an appraisement retpired by
treaties. A smaller amount h:iag 7oo
per acre, wsa by Executive order trans-
ferred to tho Cherokee Nal'on and the
remainder, upward! of $55oj(feo1 .not
transferred. We detire to knor w.hy
that land has been cjt.vi-yed Win ^rld1'
Or, while t^e lands of siual}«$:ujfeea
1 • ■ •
orci'lofefct ir, lhs'i, ii^s'flthtoci mat'
no notice has been taken in thia state-
ment of the lands set apart for tUe Cher-
(kee Indian school n-8ervatie.u oy aft ex-
ecutive order of July 12, 1884 We
would ask if your commission 1; is au-
thority to negotiate for that valuable
tract and if you have any offer to make
thereon.
("5. In some portion of the correspond-
ence of yourommissioD submitted to us
it is intimated that no question is raised
as to tbe title of the Cnerokee Nation to
the lands conveyed b/1 patents from the
United States In other parts of the cor-
respondence doubt appears to be cast on
our title as a reason for an under esti-
mate of its value. The Cherokee peo-
ple believe that their patent conveys a
perfect title. It has been so confirmed
by the Supreme and District <' arts of
the United States. Htlch a : was
guranteed us by'treaty coi ct, lijm't
authority of yoa'r law, and, in ; iY ru
been any d'efec's it would have been by
fault of the United State s, whicu could
profit by it. We desire to be informed
by ycu if our title with these negotia-
tions is t) be considered as perfect, and
should you not so treat it. If you would
make an agreement that the United
S ates should join issue and carry the
question into the Circuit and Supreme
Courts of the United States to be once
more adjutted?
"0. In the letter of your commission
of August 13 you say when thy Chero-
kee Coutc'tl meets in November next,
you will be ready to complete a treaty.
We would respectfully ask you if, in
view of section 2o.«>$)• of the Revised
Statutes, whether your commit -; n baa
authority to enter into any no :otiations,
- h as are ia question, and as the idea
jurisdiction over that portion ot our j jja8 been bold tut that your commission
domain, and it to be occupied by settlers may mate an agreement to modify cer-
and the Nation te deprived of its use and j ta|n cxisting provisions, or to give inter-
the valuable revenue derived therefrom
before it is paid for, leaving us in the
position of applicants to Congress for an
appropriation which will or mny not be
granted promptly. We earnestly and re-
The benefits are vastly more impor-
tant than continuing to hold a claim I ment will certainly find it a matter of
A11 Lat ndeUd maae and^"71 through a distant tract of country which economy to avail itself of the right given
has produced a rental of one-half tbe in according to the fifteenth article of tbe
come now offered, but after a few months treaty of 1856 to settle the Indians on the
will produce no rental. The disacvan- unoccupied Cnerokee land east of tne j often been long delayed, and obtained tpectfnlly,
tage of refusing the effer would be ninety -sixth degree. B/ so doing it some time in parts and some timo after
Eufaula, - I. T« equally, important. The first result would avoid complaints from the Indians great expense and trouble.
Accommodations equal to any in Ton n. 1 would be that ft',000,000 would remain and whites and would open up many' "3. In your communication heretofore
pretaiiou to the treaty. We deem it im-
portant to ascertain from you whether
any second agreement on tbe Bubject re-
ferred to you may enter into with the
authorities of the Caerokee Nation can
remitted without delay.
EUl-AULA HOUSE.
Charges^ moderate.^ Herrod j jn the United States Treasury, and the J thousands of acres of tbe choice land to j referred to you seem tafesk the Cherokee
spectfully desire your answer on thisques- ^ relied on to bind the Government of
tion, as our own expericnc?, and that of, the United States. Respect full y request-
several other Indian tribes, have shown I j0g an anawer to these questions at your
us that appropriations justly due have j tarliest convenience, we remain, re-
W. P. Ross.
"Stephen Tehee,
"S. H, Mayes,
"Committee.''
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Brewer, Theodore F. Our Brother in Red. (Muskogee, Indian Terr.), Vol. 7, No. 48, Ed. 1 Saturday, November 23, 1889, newspaper, November 23, 1889; (https://gateway.okhistory.org/ark:/67531/metadc233668/m1/1/?q=aRCHIVES: accessed June 10, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.