E 99 .C5 U43 Copy 1 i. V ■ .IV i'\ H Si h h, ^,,/ -i H tl ;l^. i. J^, ^^ ^^^^- • #!^ M ^ ^■- ' I. % p. I*^ '^ ^''- ■^^^■' U U^ '¥. t) COIVI. ON \m\l\H Mti-m-or - •• "'-•■^■S SENATE. Tlje_ Committee on Indian Affairs, to whom was referred the bill (S. 28/0) "to ratify and contirm an agreement witli tlie Olierokee Nation ot Iiidnins of tlie Indian Territory, to make apjiropriatiim for carrviuff out the same, and for other purposes," haviuo- considered the same, make the following rejtort: The "Cherokee Outlet," so called, a body of lands adioiuiug the State ot Kansas on the south, of about 60 miles in widtli, west of the ninety- sixth meridian of longtitude, containing (>,0l{2,754.11 acres, has long been a subject of contention, the Cherokee Indians, on the one hand claiming an unextinguished title thereto under treaties and a patent in fee simple executed in 1838, while, on the other hand, parties desirinr to settle on tlu^se lands claimed that the Cherokee Nation had only an easement in the "Outlet" for the purpose of reaching hunting grounds farther west. Under this claim settlers have, from time to time, gone upim these lands, but have been ejected therefrom by the (Government as have been cattle men to wliom the Cherokee Nation leased the lands' so that at the present time they are practically unoccupied. ' A commission was appointed by the President, under and by author- ity ot an act of Congress approved March 2, 1889, to negotiate with all Imlians who claimed or owned lands in the Indian Territory for the cession thereof to the United States. After concluding negotiations with other tribes of Indians this com- mission entered upon negotiations with the Cherokee Indians, which resultedman agTeementfortherelinquishmentof any interesttheymight have m and to the " Outlet " lands to the United States, including, also the surrender ot any title that they had in andt(» the kinds east of the ninety-sixth meridian not embraced within their home countrv amounting m all to 8,144,632.91 acres, for the net sum t.»be paid to the said Indians of 18,595,736.12. ^ If all this purchase money should be applied to the " Outlet" lands alone the price per acre would be $1,427. But as lands occupied by friendly Indians east of the ninety-sixth meridian are also included the price per acre f<)r the " Outlet " lands alone would be, according to the estimate of the Commission, 11.294. Your committee believes that it is desirable that this money should be paid and that the relinquishment of title should be obtained But the agreement made with the Cherokee Indians contains certain condi- 2 AGREEMENT WITH THE CHEROKEE INDIANS. tions to be fultilled by the United States wbicli, in tbe opiuiou of the committee, need modification. The agreement made with the Indians provides that for and in con- sideration of such cession the United States agree, in article 2 — First. That all persou.s now resident, or who may hereafter become residents, In the Cherokee Nation, and who are not recognized as citizens of the Cherokee Na- tion by the eonstitnted authorities thereof, and who are not in the eniploj'ment ot the Cherokee Nation, or in the employment of citizens of the Cherokee Nation in conformity with the laws thereof, or in the empluyjiient of the United States (iov- ernmeut, and all citizens of the United States who are not resident in the Cherokee Nation under the provisions of treaty or acts of Congress, shall lie deemed and held to be intruders and unauthorized persons, within the intent and meaning of section six of the treaty of 1835, and sections twenty-six and twenty-seven of the treaty of July 19, 186t), and shall, together with their personal elfects. be removed without delay from the limits of said nation by the United States as trespassers, upon the de- mand of the principal chief of the Cherokee Nation. In such removal, no houses, barns, outbuildings, fences, orchards, growing crops, or other chattels real, being attached to the soil and belonging to the Cherokee Nation, the owner of the laud, shall be removed, damaged, or destroyed, unless it shall become necessary in order to effect the removal of such trespassers: Provided, alwaij^s, That nothing in this section shall be so construed as to atfect in any manner the rights of any persons in the Cherokee Nation under the ninth article of the treaty of July 11', 1866. The question of the removal of intruders from the lands belonging to the Cherokee Nation within their home cersons shall V>e removed from the same by order of the President of the United States. But this is not intended to prevent the residence among them of useful farmers, mechanics, and teachers for the instruction of Indians according to treaty stipulations. In article liO of the treaty of 1866 it is provided that they (the Chero- kees) — shall also be i)rotected against interruptions or intrusions from all unauthorized citizens of the United States who may attempt to settle on their lands or reside in their territory. And in article 27 of the same treaty it is stipulated — * * * and all persons not in the military service of the United States, not citizens of the Cherokee Natit'r of persuiits eluimiiig' to be of Cherokee descent, aud a smaller nninl)er claiming' rights as descendants of former slaves, have come, from time to time, into the ('herokee Xation, o('('U])ied lands, made imi)rovements, and are now settled npon snch lands. A Ycav are engaged in trade. Snch persons not having been recognized or ad- mitted to citizenship by the nation are called " iiitrnders." Their nnm- ber at the present time is varionsly estimated at from ."),00(> to 7^000, the number of families being somewhere in the neigliljorhood of 1,500. They have not l)een admitted to citizenshij*; some of them have been rejected; others have made application, which has not been acted upon; some, probably, have made no application at all. Technically and legally they have no right to the lands wliich they have occupied and improved. They claim to be of Cherokee descent or of former slave descent, and those who have been rejected claim to have been improp- erly rejected. Those claiming Cherokee desceot who first came claim to have come upon an invitation extended by the Cherokee !ISratiou in 1869 and 1870 to the North ( 'arolina Cherokee Indians to remove to the Cherokee country in the Indian Territory. On the 10th of Decendjer, 1869, the national council of the Cherokee Nation adopted a resolution authoriz- ing the principal chief to advise the North Carolina Cher<>kee Indians of the willingness of the nation to receive such of them as would re- move to the Indian Territory without expense to the Cherokee treasury ami beconn^ identified as citizens of tlie Cherokee Nation. On Novem- ber 2i), 1870, a law was passed by the Cherokee council declaring "that all such Cherokees as nmy hereafter remove to the Cherokee Nation, and permanently locate therein as citizens thereof, shall be deemed as Cherokee citizens," ui)on condition that they should enroll themselves before the chief justice of the supreme court of that nation within two months after they arrived therein, making satisfactory showing to said chief justice of their Cherokee blood. In the pi-eamble of that act was the following- language: Wliereas by treaty stipulation that class of Cherokees kuowu as North Carolina Cherokees are. on their removal and permanent location within the limits of the Cherokee Nation, entitled to all the rights and i)rivileges of citizens of the same, etc. By a subsequent act passed December 7, 1871, the law was so amended as to limit the authority of the chief justice in citizenship cases to the taking of testimony, the right of final action being re- sei;ved for the national council. The determination of the right of citizenship has been based upon certain rolls made by the Cherokee Nation, and to entitle persons to citizenship the national council has insisted that they must trace their descent to some ancestor whose name is on the rolls recognized by the council. The controversy about citizenship seems to have hinged largely upon a case in which one Watts claimed the right of citizenship and was re- jected by the council. The Watts family has become the head of that class of people who are called ''intruders." Recently an association has been formed called the "Watts Citizenship Association," which has issued circulars inviting claimants to come to the Cherokee country and settle. This association is officered by "Governor" Marion J. Watts and Hon. John D. Kelly as presidents, and by secretaries and treasurers in different counties. It has appointed delegates to Wash- ington, has an attorney in Washington, and in December, 1889, the membership was stated as 2,950. It has very much increased since that time, and is said to be rapidly increasing in numbers. 4 AGREEMENT WITH THE (5hER0KEE INDIANS. The leliitioiis between the actual citizens of tlie Cherokee Nation and the intiiirteis are very nuicli strained and might at any time result in violence. The question of the removal of these intruders has been a source of mucli controversy between the L)ei)artment of the Interior and the authorities of tlie Cherokee Nation since 1874, wlien J. B. Jones, the Indian anient, rejtorted the inesence of a large nmnber of intnnlers whose remoNal was desired by the authorities. Upon inves- tigation the l)ei)art]nent found that a large number of those whose re- moval was re(juested as intru(hns ])resente(l prima facie evidence of their right to eitizenshii*. The committee will not undertake to recite a history of the proceed- ings in the I)ei>artmentui>on applications made for the removal of these intruders. That history is well set tbrth by Mr. Oberly, Comnnssioner of Indian Affairs, in a communication to the Secretary of the Interior dated June 7, 1889. In April, 1879, the opinion of the Attorney- General was asked upon the question — Wlietlior, iu cariyiu<; out in ^ood faith tlif provisions of the executory treaties named, the United states are hound to regard simply the Cherokee law and its con- struction hy the counsel of the nation, and answer the call of the otticers of that nation for the removal of all persons whom they may pronounce intruders; or, on the contrary, whether, being called on to effect the fonible removal of such alleged intruders, the facts upon which the allegation rests may not with projtriety, both by virtue of superior and paramount jurisdiction and in obedience to national obli- gation, be inquired into and determined by our own national tribunals. In reply to this question the Attorney-General expressed the opinion — That it is (juite plain that iu executing such treaties the United States are not bound to regard simply the Cherokee hfw and its c»»nstruction by the couns»d of the nation, but that any department recjuired to renuive alleged intruders must determine for itself, under the general law of the land, the existence and extent of the exigency upon which such requisition is founded. The matter being subseears to have been unreasonably summary and severe. The right and duty of removing auy citizen of the United States intruding on the Cherokees belongs to this Goverunient, and, as has often been determined, the United States authorities must decide whether the exigency be such as to re(iuire that action. Tlie Cherokee officials have no authority or jurisdiction to remove the intruder or confiscate his }iroperty. They should apply to the agent for his removal. In tliis case Kestersou, being no longer under Cherokee license, must be removed as an intruder. Ibit his property must be restored to him and reasonable opportu- nity given hiui to dispose of or remove it. * * ' The agent should be iustrucfed that as this right of Kesterson's to the disposition of his property is necessarily short lived, limited, and tenuous, so it should be the more ])erfectly considereerty, the (lovernment wouhl uudoubtedly discrinnuate some- Avhat between th(»se who seem to have a prima facie right, unacknowl- edged by the Cherokee nation, and tho.se wlio could set up no claini of right wiiatever, many such doubtless being now on and occupying lands of the Cherokee Nation. The agreement made betwe<'n the Cherokci' connnission, .so called, and the Cherokee Nation contains, as lias already been stated, a stipu- lation on the i»art of the Cjiiteil States t» remove all intruders an(l un- authorized persons "uiion the demand of the jtrincipal chief of the Cherokee Nation." If this part of the agreement sliould be ratified, the Cnited Statt's. in the o]>inion of tin* committee, would be ]»roperly held by the Cherokee Nation to have reliniptished any claim that it had a discretion to de- tennini" ujton wliat terms and conditions such intruders sluuihl be re- moved, and would be obligated to remove them from their homes and their imin-ovements up(»n the mere denmnd of the ]>rincipal chief, with an entire loss to them of the value of their im])rovements. Such was undoubtedly the intention of the Clierokee Nation in pro- curing this clause to be insj-rted in the agreenu-nt, and if in case of adoi>tion it .should not be literally and ])romptly <-omi)lietl with by tlie United States (l(»vernment would atlbrd ground for the Cherokee Na- tion to claim that tlie (iovernment hatl inion of the coMimittee, the (rovernment ought not to enter into such an agreement. Admit that the intruders have no legal right upon these lands. It is nevertheless true in many in.stances that they came there supposing themselves to have been invited by the Cherokee Nation, and supi)0sing that they could maintain their right to be admit- ted as citizens. They have made valuable imiuovements. They have built houses and established homes, and areas much settled upon these lands ami in those homes as any persons who have been deemed and called '• squatters"' upon the public lands. To remove foi'cibly, by the use of the Army if it became necessary, a body of 5.000 to 7,000 ]>eople forfeiting their homes and improvements, is too harsh a proceeding to be cortunity was presented, that if they went into the nation and made improvements liefore their claims were in\ estigated auunals of the nation shall be allowed to retain exclusive Jurisdiction in all civil and criminal cases arising within their country in which members of the nation, by nativity or adoption, shall be the only parties, or where the cause of action shall arise in the Cherokee Nation, except as otherwise provided in this treaty. Section .30 of the act "To provide a temporary government for the Territory of Oklahoma, to enlarge the jurisdiction of the Ignited States district court in the Indian Territory, and for other purposes," approved May 2, 1800, contains this proviso: Prorided, howcrer, That the judicial tribunals of the Indian nation shall retain exclusive .jurisdiction in all civil and criniinal cases arising in the country in which members of the nation by nativity or by adoption shall be the only i)artieR. It ^vill be observed that in the treaty of 1835 it was provided that the laws which might be made by the Cherokee Nation affecting the rights and luoperty of Indians and per.sons who had connected them- selves with them shoidd not be incon.sistent witli the Constitution of the United States and such acts of Congress as might be passed regu- lating trade and commerce with the Indians. It is further to be ob- served that in article 13 of the treaty of July 19, 186G, the word "retain"' was used, wiiich gave no added jurisdiction; and that in the act organizing the Territory of Oklahoma the word "retain" was used. Paragraph 3 of the agreement to be performed by the rnited States is a declaration that the Cherokee Nation shall '^liave" excln.sive juris- diction, etc. The paragraph omits the excei)tion contained in the treaty of 1835, that the laws which might be passeurpose of the Government to make tliem citizens as rapidly as possible, and to wi])e out the line of political distinction between an Indian (dtizen and other citizens of the Kepublic. And it nuist be evi- dent to all who observe the changed condition of our country, and ap- precuite the change in our ])olicy with regard to the Indians, that the day is rai»idly ap])roacl)iug when the Indians now constituting these indei)endent goAcrnments must be absor])ed and become a part of the United States. As to the means by which this desired end is to be reached, the com- mittee has at the ])resent time no definite suggestions to make. It simply points to the admitted fact, acknowledged by Indians and non- Indians alike, that the change nuist soon come. It would be, there- fore, in the oi)iniou of the committee, extremely impolitic to enter at this time into any new o])ligation looking to the continuance of the independent jurisdiction, either ])olitical or judicial, of these '• nations." Without the new guaranty proi»osed by paragraph -3, the Indian tribunals will retain all the rights which they now possess; with it the claim would probably be made that that jurisdiction had been enlarged. It is believeil that a considerable number of Cherokee citizens wouhl be glad at the present time to take land in severalty, and thus become fully clothed with Uuited States citizenship. Tlie committee, tliere- fore, recommends a section consenting thereto as an amendment to the bill. With reference to the present relations between the United States Govennnent and the live civilized tribes, and the advantages to be derived by the Indians as well as the United States by the surrender of such governments and their inc(n])oration into our system, the com- mittee submits the following summary: (1.) Clierolce.-i.—ln the preamble to the treaty ot May 0, 1828, the United States guar.jutees the Cherokee jSTation, in their lands west of the Mississippi, ;i permanent home "that shall never, in all future time, be embarrassed by haxing extended aronnd it the lines, or pla-ed over it the jurisdiction of a Territory or State, nor be pressed upon by the ex- tension, in anv way, of any of the limits of any existing Territory or State" (7 Stats., p." 311). By the tiftli article of the treaty of December 29, 1835, the United States agreed that the lands ceded to'the Cherokees by that treaty should, in no future time, ichhout their consent, be in- cluded within the territorial limits or jurisdiction of any State or Ter- AGREEMENT WITH THE CHEROKEE INDIANS, 9 ritory. But they sliould secure to the Cherokee Nation the right, by their national councils, to make and carry into effect all such laws as they might deem necessary for the government and protection of the persons and property Avithin their oAvn country belonging to their people, or such persons as had connected themselves Avith them, if not inconsistent with the Constitution of the United States and such acts of Congress as had been or might be passed, regulating trade and in- tercourse with tlie Indians (7 Stats., p. 481). By the seventh article of said treaty it is sti])ulated that the Cherokee Xation "shall be entitled to a Delegate in tlie House of Eepresentativcs of the XTnited States whenever Congress shall make provision for the same " (p. 482). By the second article of the treaty of August (5, 1846, it is provided that "laws shall be passed for equal protection, and for the security of life, liberty, and property; and full authority shall be given by law to all or any portion of the Cherokee people, peaceably to assemble and petition their own government, or the G-overnment of the United States, •for the redress of grievances, and to (liscuss their rights^'' (9 Stats., p. 872). The laws provided in this article, it is presumed, are such as were thereafter to be enacted by the Cherokee council. The fourth and fifth articles of the treaty of ]8<»(> contain stipulations concerning Cherokees, freed i^ersons, and free negroes who may elect to reside in a specified district within the Cherokee domain, and the sixth article i)rovides as follows: The inlialjitiuits of the Siiid district hereinbefore described shall be entitled to representation aceordinj;- to the number in tln^ national eouueil, and all laws of the Cherokee Nation shall )>e uniform throughout said nation; and should any such law, either in its provisions or in the manm-r of its enforcement, in the opinion of the President of the United States, o])erate unjustly or iujurionsly in said district, he is hereby authorized and emi)Owered to correct sucli evil, anril 28. ISOC, with the Choctaws. the Chiokasaws and Chocta^vs agreed to such legislatiou as t'onjrress aud the President of the United States might deem necessary for the better ;Mlministration of justice and the protection of the rights of person and property within the Indian Territory: rrorideil. hotcever. That sui-h legishitiou slioukl not in anywise interfere with or annul their present respective legislatures or judiciaries or the rights, laws, privi- leges, or customs of said nations, respectively. (14 Stats., p. 771.) This eighth article provided for a national couucil of the various tribes of Indian Territt such as might be enacted by Congress in exercising legislation over Indian atfaiis as reipiired by the Consti- tution. (7 Stats., p. 333.) By the fifth article the United States guarantees protection to said Indians from d(»mestic strife and foreign enemies, on the same x>rinci- ples t'.iat the citizens of the United States are i)rotected (p. 334). and by the twenty-second article the Choi-taws express •• a solicitude that they might liave the jirivilege of a delegate atent for their lands west of the Mississippi, agreeably to the third section of the act of Congress of ]May 2 (28), 18-30: also that no State or Territory should ever have a right to pass laws for the government of said Indians, but that they should be allowed to govern themselves, so far as might be compatible with the t/entrni jiiris(llcti(ni irhlch Congress rnir/ht thinic proiier to erercist- over them. (7 Stats., p. 308.) The fourth article of the joint treaty of August 7. 18.j«;. with the Creek and Seminole Indians provides that no State or Territory shall pass laws for said tribes, and no portion (tf their lands defined in said treaty shall ever be embraced or included within or annexed to any Territory or State, n(»r shall either or any part of either ever be erected into a Territory icithout the f nil and free vonnent of the legisUitive authority of the tribe owning the same. (1 Stats., \}. 700.) The fifteenth article of said treaty secures the unrestricted right of AGREEMENT WITH THE CHEROKEE INDIANS. 11 self-government aucl full jiiris^dictiou over person and property witlim tlielr respective limits, excepting all white persons with their X)roi)erty who are not, by adoption or otherwise, members of either the Creek or Seminole tribe, so far as may be compatible with the Constitution of the United States and the laws made in pursuance thereof regulating- trade and interccnirse with the Indian tribes (p. TOo). The eighteenth article jn-ovides for the i)rotection of said tribes ot Indians from domestic strife, hostile invasion, and aggression by other Indians or white persons not subject ^o their jurisdiction and law (p. 7. 758.) Neither the Creeks nor Seniinoles in any joint treaty, nor by this treaty of 18(i, 18(;2 (12 Stats., p. .*ii*8), was au- thorized by pro;'hu!iation to (h'clare all treaties existing between the United States and said tribes to be abrogated if, i i his o])in!on. it could b(^ done consisteutlv with good faith and legal and national obli- gatiS()'). XoC desiring to take advantage of (U- to enforce the penalties therein authorized, the President, in September, 18(15, appointed a commission empowered to nmke new treaties with the tribes residing in the Indian Territ(»ry, upon a basis cimtaining seven proi^ositions, the sixth of which was that — It is the ]K)licy ot" the (4oveiuineiit, unless other arrangements be made, that all the nations and tribes in the Indian Territory be formed into one c»msolidated govern- ment after the plan proposed by the Senate of the United States in a bill t'ov organiz- ing the Indian 'Ilerritory. The representatives of the various tribes were assembled at Fcu't Smith and signed what is known as the Fort Smith treaty — made pre- liminary to the subsequent treaties of 18(>6. The Cherokees held that— The consolidation of a\l the nations and tribes in the Indian Territory into one government is open to serions objection. There are so many, and in some instances antagonistic, grades of tastes, cnstoms, and enlightenment that to throw the whole into one heterogeneous government would be productive of inextricable confusion; the plan proposed by the United States Senate may obviate the difficulties wliicli now appear so patent to us. (See Annual Report of Commissioner of Indian Affairs for 1865, p. 306.) 12 AGREEMENT WITH THE CHEROKEE INDIANS. The Cliickasaws reported — Wc tliouglit the GoA'crniiieut Avonkl first make a treaty of peace with ns all. In- dians are dittereiit I'rom Avhites. They are vindictive ; hatred lasts long with them. Not so with whites. The Government mnst settle the ditiKcnlty; the Indians can not. That done let ns be centralized, and a government esta1>lislied in the Indian Territory (p. 317). The Creeks reported tliat: As to a Territorial form of g.overnment, we have to say that we ktiow hnt little, liut prefer our tribal condition (p. 341). The loyal Creeks signified to the Commissioner their entire assent to most of the propositions, inchiding Territorial govern meiit (p. 341). The Seminoles consented to the sixth proposition, then afterwards rescinded their acti(m, and asked that the question stand open for fu- ture consideration (i). 351). In the subsequent treaties made in 18(>(i the Choctaws and Ohicka- saws by the seventh article, the Creeks by the tenth article, and the Seminoles by the seventh article, agreed^ To such legislation as Congress and the President of the I'nited States may deem necessary for the better administration of justice and the protection of the rights of person and property within the Indian Territory: I'rorided, hou-en-r, That such leg- islation shall not in anywise interfere with or annul their jtresent tribal organiza- tion, or their respective legislatures or Judiciaries, or the rights, laws, priyileges, or cnstgnjs. Under the provision of these treaties the Indians have agreed that Congress may legislate for the better administration of justice and the protection of the rights of property and person within the limits of the present Indian Teriitory, so far as it relates to tlie Choctaw, Chicka- saw, Creek, and Seminole Indians. Census Bulletin Xo. 25 gives the population of the five civilized tribes, including colored Indian citizens and claimants, as 6f>,289, as follows: Cherokee Indians 25. 357 C(dored 4, 242 Total 29, 599 Chickasaw Indians 3,464 do 3,718 do 7,182 Ctoctaw Indians 9,996 do 4,401 do 14,397 Creek Indians 9,291 do 5,341 do 14,632 Seminole Indians 2, .539 do 22 do 2,561 68, 371 Deduct number of colored ]>ersoiis probably not members of tribes (estimated) , ' 3, .500 64,871 Indians other than Chickasaws in that nation 1, 161 Indians other than Choctaws in that nation 257 Population of the five civilized tribes: Indians 52, 065 Colored Indi;in citizens and claimants 14,224 Total 66,289 The same bulletin discloses the fact that there are white and colored persons not Indians, or recognized as members of the Indian nations within the limits of the five civilized tribes, as foRows: AVhite persons in — Cherokee Nation 27, 176 Chickasaw Nation 49, 444 Choctaw Nation 27, 991 Creek Nation J 3, 280 Seminole Nation 96 107, 989 Colored persons in the five civilized tribes, probably not members of the tribes (estimated) - - - 3, 500 Chinese in the Chickasaw Nation 6 Total : 111,493 AGREEMENT WITH THE CHEROKEE INDIANS. 13 The following' table sliows the amount of hind to which each iiian, wouian^ and chikl wouhl be entitled if the hnnls were divided in sev- eralty: Stuteincitt >2}e(tire trihex. Cherokees . . Chickasaws Cboctaws . . Creeks Seiiiiiioles . . If to iirrsons of In- dian lilood anil to the colored pcTson.s It lo inrsous ol In- clainiiu;; ri;;lits m Alfa of dian Moixl only. the ri-spi'ctive till' TCSI'V- tribes, as set out vatioji. in Census Bulletin No. 25. Popula- Acres to I'opula- Acres to tion. each. 198.4 tiou. each. 5, 031, 351 25.357 29,55d 170 *4. 650, 935 3, 404 1. 342. « 7, 182 647.5 *6. 088. 000 9,990 669 14, 397 464.4 3, 040, 495 9. 291 327. 3 14, 632 207. 7 375, 000 2, .539 147,7 2, .561 146,4 ' The lauds held liy the Choctaw and Chickasaw Indians are held by them in common with rijfhts and interests as reco'snized in their treaties as follows : The Choelaws, three-fourths ; the (Jhickasaws, one-fourth. At the breaking- out of the rebellion the live civilized tribes entered into treaties with the Confederate States, so called, and it was claimed had forfeited treaty rights. But by the new treaties, however, former treaty rights, not inconsist- ent with the treaties of 18G0, were restored and guaranteed by the United States. At this time it seemed to be the policy of the Government to make an exclusive Indian Territory, to which should be removed other In- dians, so that the whole Territory sliould become tilled with Indian tribes alone. This policy of the Government seems to have included the idea of a Territorial government, in which all of the tribes which might occupy the Indian Territory, as well as the live civilized nations, should have representation after the manner of other Territorial organ- izations. The territory which was to be thus organized into what might be called a distinctly Indian government was, until the organization of the Territory of Oklahoma, marked upon our maps and known as the Indian Territory, deriving that name from the plan of the Territorial organization already alluded to. . An article was inserted in each of the treaties made with the live civil- ized tribes in 18G6, by which they consented to become members of such Indian Territorial government. This article in the Cherokee treaty is article 12, and is identical with similar articles found in the other treaties. The president of the legislative council was to be des- ignated by the Secretary of the Interior. The plan thus proposed was never carried into execution; and a large part of the lands (probably more than one-half) which, under the policy then mapped out, were to have been oc(;upied by Indian tribes and consolidated into one Territorial government, has been opened for settlement, and now comprises the Territory of Oklahoma. It is essen- tial to bear in mind this policy of the Government, and the consent of the live civilized tribes, as expressed in said treaties, for a thorough and correct understanding of many of the provishms found in those treaties. 14 AGREEMENT WITH THE CHEROKEE INDIANS. That the present anomalous couditioii can not continue forever must be apparent to everyone. The day is passed when these Indians can be kept to and by themselves, free from the intermingling of whites. They have themv^elves allowed and invited white ])ersons to come among tliem, until now the white people outnumber them. The reason of the guaranty, which was undoubtedly that it was believed best that they should 'oe permitted to live and dwell by themseh'es, has long since ceased to exist. It is believed that the In- dians themselves feel that the time is rapidly approaching when they must become citizens of a State. Doubtless many of them would pre- fer to have that time delayed. But the logic of events is rapidly has- teidng the time when this question must be solved. Better qaalitied to become citizens than any other Indians in the United States, the vsooner these Indians take their lands in severalty and assume all the responsibilities and enjoy all the privileges of citizens, both of the nation and of a State, the better it will be for them, in the judgment of the comndttee. It is to be hoped that such a result may be obtained without viola- tion of treaties, and with the full consent of the Indians. The (piestion for providing a different government for the territory t)ccui»ied by these Indians is not a new one. Senator .McDonald, in his report from the Committee on Territories on this subject on the 27th of Ajiril, 1870, says : It is ill coDSOuauee with tlie new policy uf tlie Government born of the war and lu.'^tnred by the tifteenth amendment, that no alien race shall exist npon our soil ; all shall be citizens, iiTesi)ective of race, color, or previous condition of servitude. It is a part of the inexorable loyic of the times that the Indian must ada]»t himself to the rights and duties of citizenship. He must wield the franchise antl fultill the obligations imposei>ear as the waste soil becomes more and more al)Sorbe(l by the iucreasinj> necessities of aut the development of its resources must be encour- aged, or at least made possilile. No proposition is better established in the American mind than that the welfare of a State and the happiness of its citizens require that the lands be held in private ]troprietorship and in tracts sutiiciently small that each may l)e cultivated and managed in person by its individual owner. Any system which does not encourage this is bad, and any which actually ]>rohibits it will not long be tolerated. * * * Where there is no iiKliridual ])roperty there will lie no considerable indi- vidual industry. If the Indian is to be civilized he must learn to work, and no man will work cheerfully without the spur of competition and incentive of acquiring wealth. The common good of a large connuunity, the public welfare, are ideas too vague to insjiire jiersonal etfort exce))t wirh very few, even in the highest stages of civilization. To the masses they furnish no incentive to toil. And of all species of proi)erty whose acquisition stimulates exertion, the soil is first in rank. This alone gives a home. The opjiortunity to acquire in absolute unconditional proprietorship a tract of land, by the cultivation of which the individujil can be supported in inde- pendence and the family reared in comfort, is the highest motive to effort which can be proposed. (See Senate Rei)ort No. 336, Forty-tirst Congress, third session.) AGREEMENT WITH THE CHEROKEE INDIANS. 15 One objection heretofore made by tlie Indian^s of the five civilized tribes to taking- lauds in severalty has been that all the patents wliich have conveyed to them their lands have contained a clause that the lands should reAcrt to the United States if the tribe shouhl become extinct or abandon the same. And the fear lias been expressed that if the tribal government should l)e abandoned upon the aUotment of laud in severalty it might be construed into an extinction <»f the tribe and work a reversion of the land; or if when allotted in severalty i)articular parcels should be abandoned by the aHottees tliey might be claimed by the Govei'nment of the United States. While the committee think that this fear is groundless it wcmld be entirely proper for the Government to enact that in case of the allot- ment of lands in severalty to the individual members of these nations, the (Tovernment would relinquisli all of its reserved rights to the lands. The committee reconmiends that the bill be amended as follows, and recommend its passage as amended. After the word "States," in line 7 of section 1 of the bill, insert the following: And tlie acts of Congress that have been or may Vie passed regulating trade and intercourse with the Indians, subject however to amendments of said agreement, as follows : Add to the first paragraph of article 2 of said agreement the following proviso : And 2»'<»'>(^i'd fiii'ther, That before any intruder or unauthorized person occupying houses, lands, or improvements, commenced before the eleventh day of August, eighteen hundred and eighty-six, shall be removed therefrom upon the demand of the principal chief, or otherwise, the value of his im])roveuients, as the same shall be ai)praised by a Ixiard of three appraisers to be a}>pointed by the President of the United States for that purpose, shall be ])aid by him to the Cherokee Nation; and upon such payment such improvements shall become the property of the Cherokee Nation. Strike out paragraph 3 of article 2 of said agreement, and change the numbers of the subsequent paragraphs to correspond. After the word "that," in line 1 of section 2, insert: To pay for the services of the appraisers, to l>e appointed as provided in article one of the amended agreement, at a rate not exceeding ten dollars per day for the time actually employed by each appraiser, and their reasonable expenses, and." Strike out in line 4 of section 2 the words "the first subdivision." Strike out in line 5 of section 2 the word " two" and insert "one." In the same line and section strike out "three" and insert "five." Add section 6, as follows: The consent of the United States is hereby given to the allotment of land in sever- alty within the limits of the country occupied by the Clierokees, Creeks, Choctaws, Chickasaws, and Semiuoles; and ujiou such allotments the individuals to whom the same may be allotted shall be deemed to be in all respects citizens of the United States. And the sum of twenty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated to pay for the survey of any such lauds as may be allotted by any of said tribes of Indians to individual members of said tribes. And upon the allotment of the lands held by said tribes, respectively, the reversionary interest of the United States therein shall be relinquished and shall cease. ) LIBRARY OF CONGREs"