FRIENDLY TRIBES TO BE LOCATED ON CHEROKEE LANDS WEST OF 96°.

In addition to the provision contained in the treaty of 1866 concerning

the location of _civilized_ Indians east of 96°, the sixteenth article

of that treaty made further provision enabling the United States to

locate _friendly_ tribes on Cherokee lands west of that meridian. The

conditions of this concession were that any tracts selected for such

location should be in compact form and in quantity not exceeding 160

acres for each member of the tribe so located, and that the boundaries

of the tracts should be surveyed and marked and should be conveyed in

fee simple to the tribes respectively located thereon. It was further

stipulated that the price to be paid for the lands so set apart should

be such as might be agreed upon between the Cherokees and the immigrant

tribes, subject to the approval of the President of the United States,

who, in case of a disagreement between the parties in interest, was

authorized to fix the value.

_Osages._--The treaty of September 29, 1865,[634] with the Osages,

having in view the possibility of some early arrangement whereby the

Kansas tribes might be removed to Indian Territory, made provision

that in case such a removal of the Osages should take place their

remaining lands in Kansas should be disposed of and 50 per cent. of the

proceeds might be applied to the purchase of their new home. Nothing

was done in the line of carrying out this idea until the spring of

1868, when, in reply[635] to a communication from the Commissioner

of Indian Affairs on the subject, the Cherokee delegation asserted

the willingness of their nation to dispose of a tract for the future

home of the Osages not exceeding 600,000 acres in extent and lying

west of 96°, provided a reasonable price could be agreed upon for

the same. A few weeks later[636] a treaty was concluded between the

United States and the Osages, which made provision for setting apart

a tract for their occupation in the district of country in question,

but the treaty failed of ratification. The necessity for their removal

from Kansas, however, increased in correspondence with the demands

of advancing settlements, and Congress, by an act approved July 15,

1870,[637] provided that, whenever the Osages should give their

assent, a tract should be set apart for their permanent occupancy in

the Indian Territory equal in extent to 160 acres for each member of

the tribe who should remove there. For this tract they were to pay a

price not exceeding that paid by the United States, the cost to be

defrayed out of the proceeds arising from the sale of their Kansas

lands. The assent of the Osages to the provisions of this act was

promptly secured through the medium of a commission consisting of J.

V. Farwell, J. D. Lang, and Vincent Colyer, of the President's Board

of Indian Commissioners. A tract was selected in the Cherokee country

immediately west of 96°, as was supposed, and the Osages were removed

to it. Their condition was for a time, however, most unsatisfactory.

Many trespassers were found to be upon the lands selected for them.

To crown this trouble, a new survey located the line of the 96th

meridian a considerable distance to the west of what had previously

been presumed its proper location. This survey deprived the Osages of

the greater part of the tillable land upon which they had settled and

included the most valuable of their improvements. To a proposition

allowing the Osages to retain the lands thus found to be east of 96°,

the Cherokees returned an emphatic refusal, on the ground that the

former were not "civilized Indians."[638] Another subject of annoyance

was the inability of the Osages and Cherokees to agree upon a price

for the lands selected by the former. The matter was therefore laid

before the President, who, by executive order,[639] fixed the price to

be paid at 50 cents per acre. To this action the Cherokees strenuously

objected, urging that not only was the price too low, but that a

uniform valuation ought to be fixed for all the Cherokee lands west

of 96°.[640] To remedy the evils arising from these complications,

legislation was asked of Congress approving a new selection for

the Osages, and, by act approved June 5, 1872,[641] such selection

was affirmed (the previous consent of the Cherokees having been

obtained),[642] to include the tract of country "bounded on the east by

the 96th meridian, on the south and west by the north line of the Creek

country and the main channel of the Arkansas River, and on the north by

the south line of the State of Kansas."

_Kansas or Kaws._--This act contained a proviso that the Osages should

permit the settlement within the limits of this tract of the Kansas

or Kaw tribe of Indians, and a reservation was accordingly set off

for them in the northwest corner, bounded on the west by the Arkansas

River. The area of the country thus assigned to the Kaws was 100,137

acres, and of that portion intended for the occupation of the Osages

1,470,059 acres.[643]

The question of the future location of these Indians having been

definitely settled, it only remained for an agreement to be reached

concerning the price to be paid to the Cherokees for the tract so

purchased. The value fixed by the President on the tract originally

selected was considered as having no application to the lands set apart

by the act of 1872. As in the first instance no agreement was reached

between the Osages and Cherokees, and the President was again called

on to establish the price. This he did, after much discussion of the

subject, on the 14th of February, 1873. The price fixed was 70 cents

per acre, and applied to the "Kaw reserve" as well as to that of the

Osages.

_Pawnees._--In further pursuance of the privilege accorded by the

treaty of 1866, the Pawnee tribe has also been located on Cherokee

lands west of 96°. The Pawnees are natives of Nebraska, and possessed

as the remnant of their original domain a reservation on the Platte

River, in that State. Their principal reliance as a food supply had

been the buffalo, though to a very limited extent they cultivated corn

and vegetables.

For two years prior to 1874, however, their efforts in the chase were

almost wholly unrewarded, and during the summer of that year their

small crops were entirely destroyed by the ravages of the grasshoppers.

The winter and spring of 1874-'75 found them, to the number of about

three thousand, in a starving condition. In this dilemma they held a

council and voted to remove to Indian Territory, asking permission

at the same time to send the male portion of the tribe in advance to

select a home and to break the necessary ground for planting crops.

They also voted a request that the United States should proceed to

sell their reserve in Nebraska, and thus secure funds for their proper

establishment in the Indian Territory. Permission was granted them in

accordance with their request, and legislation was asked of Congress

to enable the desired arrangement to be carried into effect. Congress

failed to take any action in relation to the subject during the session

ending March 3, 1875. It therefore became necessary to feed the Pawnees

during the ensuing season.[644]

The following year, by an act approved April 10,[645] Congress provided

for the sale of the Pawnee lands in Nebraska, as a means of securing

funds for their relief and establishment in their new home, the

boundaries of which are therein described. It consists of a tract of

country in the forks of the Arkansas and Cimarron Rivers comprising an

area of 283,020 acres. Of this tract, 230,014 acres were originally a

portion of the Cherokee domain west of 96° and were paid for at the

rate of 70 cents per acre. The remainder was ceded to the United States

by the Creek treaty of 1866.

_Appraisal of the lands west of 96°._--By the 5th section of the

Indian appropriation act of May 29, 1872,[646] the President of the

United States was authorized to cause an appraisement to be made of

that portion of the Cherokee lands lying west of 96° west longitude

and west of the Osage lands, or, in other words, all of the Cherokee

lands lying west of the Arkansas River and south of Kansas mentioned

in the 16th article of the Cherokee treaty of July 19, 1866. No

appropriation, however, was made to defray the expense of such an

appraisal, and in consequence no steps were taken toward a compliance

with the terms of the act. This legislation was had in deference to the

long continued complaints of the Cherokees that the United States had,

without their consent, appropriated to the use of other tribes a large

portion of these lands, for which they (the Cherokees) had received no

compensation. The history of these alleged unlawful appropriations of

the Cherokee domain may be thus briefly summarized:

1. By treaty of October 18, 1865,[647] with the Kiowas and Comanches,

the United States set apart for their use and occupancy an immense

tract of country, which in part included all of the Cherokee country

west of the Cimarron River. No practical effect, however, was given to

the treaty, because the United States had not at this time acquired any

legal right to settle other tribes on the lands of the Cherokees and

because of the fact that two years later[648] a new reservation was by

treaty provided for the Kiowas and Comanches, no portion of which was

within the Cherokee limits.

2. By the treaty of October 28, 1867,[649] with the Southern Cheyennes

and Arapahoes the United States undertook to set apart as a reservation

for their benefit all the country between the State of Kansas and

the Arkansas and Cimarron Rivers. The bulk of this tract was within

Cherokee limits west of 96°. As a matter of fact, however, the

Cheyennes and Arapahoes could not be prevailed upon to take possession

of this tract, and were finally, by Executive order,[650] located on

territory to the southwest and entirely outside the Cherokee limits.

Pursuant to the act of May 29, 1872,[651] the Commissioner of Indian

Affairs negotiated an agreement with the Southern Cheyennes and

Arapahoes in the following autumn[652] by which they ceded to the

United States all interest in the country set apart by the treaty of

1867, and accepted in lieu thereof a reserve which included within its

limits a portion of the Cherokee domain lying between the Cimarron

River and the North Fork of the Canadian.

This agreement with the Southern Cheyennes and Arapahoes not having

been ratified by Congress, an agreement was concluded late in the

following year[653] by the Commissioner of Indian Affairs with both

the Cheyennes and the Arapahoes, whereby they jointly ceded the tract

assigned them by the treaty of 1867, as well as all other lands to

which they had any claim in Indian Territory, in consideration of which

the United States agreed to set apart other lands in that Territory for

their future home.

Like its predecessor, this agreement also failed of ratification by

Congress, and the Indians affected by it still occupy the tract set

apart by Executive order of 1869.

In the light of these facts it appears that although the United States

made several attempts, without the knowledge or concurrence of the

Cherokees, to appropriate portions of the latter's domain to the use

of other tribes, yet as a matter of fact these tribes never availed

or attempted to avail themselves of the benefits thus sought to be

secured to them, and the Cherokees were not deprived at any time of

an opportunity to sell any portion of their surplus domain for the

location of other friendly tribes.

By a clause contained in the sundry civil appropriation act of July

31, 1876,[654] provision was made for defraying the expenses of the

commission of appraisal contemplated by the act of 1872, and the

Secretary of the Interior appointed[655] such a commission, consisting

of Thomas V. Kennard, Enoch H. Topping, and Thomas E. Smith. Before

the completion of the duties assigned them, Mr. Kennard resigned and

William N. Wilkerson was appointed[656] to succeed him. The commission

convened at Lawrence, Kansas, and proceeded thence to the Cherokee

country, where they began the work of examination and appraisal. Their

final report was submitted to the Commissioner of Indian Affairs

under date of December 12, 1877. From this report it appears that the

commissioners in fixing their valuations adopted as the standard of

their appraisal one-half the actual value of the lands, on the theory

that being for Indian occupancy and settlement only they were worth

only about half as much as they would have been if open to entry and

settlement by the white people.

The entire tract, including the Pawnee reserve, contains 6,574,576.05

acres, and was appraised at an average valuation of 41-1/4 cents

per acre. The average valuation placed upon the Pawnee reserve

separately was 59 cents per acre, leaving the average of the remaining

6,344,562.01 acres 40.47 cents per acre.

To this standard of appraisal the Cherokees strenuously objected as

being most unfair and unjust to them, claiming that the same measure

of value used by the United States in rating its lands of a similar

character in the adjoining State of Kansas, and from which they were

separated only by an imaginary line, should prevail in determining the

price to be paid for the Cherokee lands.

The Secretary of the Interior, after a careful examination of the whole

subject, was of the opinion[657] that the restriction placed upon the

use of these lands (being limited to Indian occupancy only) did not

warrant a reduction of 50 per cent. in an appraisal of their value.

The price paid by the Osages for their reserve was 70 cents per acre.

The Pawnee tract was of about the same general character as that of

the Osages, and there seemed to be no good reason why the same price

should not be allowed to the Cherokees therefor. This Pawnee tract was

appraised by the commissioners at 59 cents per acre. As the appraisal

of the whole unoccupied country west of 96° was made by the same

appraisers and upon the same basis, if an increase was determined upon

in the case of the Pawnee tract from 59 to 70 cents per acre, it was

only just that a proportionate increase above the appraised value of

the remainder of the lands should also be allowed. This would give

an increase for the latter from 40.47 cents to 47.49 per acre. The

adoption of this standard was therefore recommended to the President

and was by him approved and ratified.[658]

In addition to the Osages, Kansas, and Pawnees there have been removed

to the Cherokee lands west of 96° the Poncas, a portion of the Nez

Percés, and the Otoes and Missourias.

_Poncas._--An appropriation of $25,000 was made by act of Congress

approved August 15, 1876,[659] for the removal of the Poncas, whenever

their assent should be obtained. After much trouble and a threatened

resort to military force, their assent to remove to the Indian

Territory was secured in the beginning of 1877.[660] They came overland

from Nebraska in two different parties and encountered great hardships,

but finally reached the Territory, where they were temporarily located

on the northeast portion of the Quapaw reserve, a few miles from Baxter

Springs, Kansas.[661]

They were not satisfied with the location, which was in many

respects unsuitable, especially in view of its proximity to the

white settlements. They were, therefore, permitted to make another

selection, which they did in the Cherokee country, on the west bank of

the Arkansas, including both banks of the Salt Fork at its junction

with the parent stream. To this new home they removed in 1878,[662]

but it was not until 1881[663] that Congress made an appropriation out

of which to pay the Cherokees for the land so occupied. This tract

embraces 101,894.31 acres, for which the price of 47.49 cents per acre,

fixed by the President, was paid.

_Nez Percés._--The Nez Percés, previously alluded to, are the remnant

of Chief Joseph's band, who surrendered to General Miles in 1877.

They were at first removed from the place of their surrender to

Fort Leavenworth, Kansas, where they arrived in November of that

year as prisoners of war, to the number of 431. Congress having

made provision[664] for their settlement in the Indian Territory, a

reservation was selected for them on both sides of the Salt Fork of

the Arkansas. To this tract, which adjoined the Poncas on the west,

they removed in the summer of 1879,[665] having in the mean time lost a

large number by death, the mortality being occasioned in great measure

by their unsanitary location while at Fort Leavenworth. The reserve

selected for them contains 90,735 acres and was paid for at the same

price as that of the Poncas.

_Otoes and Missourias._--By act of March 3, 1881,[663] provision was

also made for the removal of the Otoes and Missourias to the Indian

Territory and for the sale of their lands in Nebraska.

A reservation was accordingly selected for them, west of the Arkansas

River and south of the Ponca Reserve, to which they were removed in the

autumn of the same year[666]. It contains 129,113.20 acres and was paid

for at the same rate as that of the Poncas and Nez Percés.[667]

The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378)) · 第 223 / 266 题