Wessaoe o^ i^ne. iresidenl^ of- fvie/ U.S. of tije ®mber!git|>of Jgortl) Carolina CnbotDeb bj> ^i)t dialectic UNIVERSITY OF N.C. AT CHAPEL HILL 00032204114 j This book must not be token from the Library building. 49th Congress, 1st Session. SENATE. Ex. Doc, No. 84. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING A communication from the Secretary of the Interior, relative to the pay ment of certain money to the Eastern (JheroTice Indians. March 3, 1886.- -Read, referred to the Committee on Indian Affairs, and ordered to be printed. To the Senate and House of Representatives : I transmit herewith a commimication of 25th ultimo from the Secre- tary of the luterior, submitting, with accompanyirig papers, a draft of a bill, recommended by the Commissiouer of Indian Affairs, for the pay- ment of money claimed under alleged existing treaty stipulations and laws by such Eastern Cherokee Indians as have removed or shall here- after remove themselves to the Indian Territory. The matter is presented for the consideration of Congress. GROVEE CLEVELAND. Executive Mansion, March 2, 1886. To the President . Department of the Interior, Washington, February 25, 1886. I have the honor to snbmit herewith a draft of proposed legislation, prepared in the Office of Indian Affairs, entitled "A bill for the removal of the Eastern Cherokee Indians to the Indian Territory," for which pur- pose the sum of $20,000 is estimated to be appropriated thereunder. This bill provides for the payment not only of the expenses of re- moval of such of the said Indians as may desire to remove west, at the rate of $53.33 each, but also for the payment of certain of the Eastern Cherokees who heretofore have so removed at their own expense, and who are entitled to reimbursement at the rate above stated for such ex- penses. A copy of report of 20th instant from the Commissiouer of Indian Affairs, transmitting the draft of bill to this Department, which recites the various provisions of the treaties and laws bearing upon the subject, together with a copy of the letter of the Cherokee attorney mentioned, therein, is also herewith. p I ^ -708- 2 EASTERN CHP:R0KEE INDIANS, ^^Tfie Commissioner recommends tbe appropriation. I respectfully re- quest that the matter may be presented to Cougress for such action as tliat body may find to be right and proper. 1 have the honor to be, very respectfully,, your obedient servant, L. Q. C. LAMAR, Secretary. Department of the Interior, Office of Indian Affairs, Washington^ February 20, 1886. Sir : I have the honor to submit herewith a copy of a communication, dated Washington, D. C, January 20, J 886, from J«. M. Bryan, attorney^ inviting attention to certain claims of North Carolina Cherokees for re- moval and subsistence monej^ they are entitled to receive under the pro- visions of the treaties of 1835, 1836, 1846, and an act of Congress ap- proved July 29, 1848(9 Stats., p. 264). By the eighth article of the New Echota treaty of December 29, 1835, with the Cherokees (7 Stats., p. 482), the United States agreed to re- move these Indians west, the price for removal being fixed at $20 and one year's subsistence at $33.33 for each of such i;)ersons who might prefer to remove themselves. By the third article of the sui)plementary treaty of March 1, 1836 (7 Stats., p. 488), the sum of $600,000 was allowed to the Cherokees in lieu of all claims of every nature and description against the United States, including the expenses of their removal. By the eleventh article of the treaty of August 0, 1846 (9 Stats., p. 873), the question whether the amount expended for the one year's sub- sistence should be paid out of Government or Cherokee funds was sub- mitted to the Senate for decision, as also the question if the Cherokees were to pay, whether the subsistence should be charged at a greater rate than $33.33 per head. The fourth section of the act of July 29, 1848 (9 Stats., 264), directed the Secretary of War to ascertain the number of Indians remaining at the ratification of the New Echota treaty, May 23, 1836, and the Secre- tary of the Treasury to set apart a sum equal to $53.33 for each indi- vidual reported by the Secretary of War, upon which interest was to be paid at 6 per cent, per annum on such per capita. The fifth section provided for the payment of the $55.33 for the re- moval and subsistence of such individual members as might thereafter desire to remove, upon their removal west, which amount was to be charged to the general Cherokee fund and reimbursed therefrom. This fund, under the act of March 3, 1875 (18 Stats., 447), was ap- plied lor the education, improvement, and civilization of tiiese Indians, after certain specific acts and payoients had been effected, and under the act of August 15, 1876 (19 Stats., 197), the balance of this fund, after certain ])ayments therefrom, was placed to their credit upon the books of the Treasury Department, to bear interest at 5 per cent, per annum, and the Secretary of the Interior is authorized to use annually, for agricultural imi^lements and for educational purposes among said Indians, so much of the principal of said fund as, with the interest an- nually accumulating thereon, shall amount to $6,000. In view of the fact that Congress has determined the uses to which this fund must be applied, and the Indians are without means for their removal, I am of the opinion that Congress should furnish the necessary EASTERN CHEROKEE INDIANS. 6 means to enable the Department to effect their removal, as stipulated in the eighth article of their treaty of 1835. I Therefore respectfully recommend that Congress be requested to appropriate, out of any moneys in the Treasury of the United .States not otherwise appropriated, the sum of $20,000, or so much thereof as may be necessary to pay the cost of the removal and subsistence of those members of the tribe who have removed, as well as those who may now or hereafter desire to remove, at the rate of $53.33 per head. I inclose herewith a draft of a bill covering the amount required to carry out the objects specified. Very respectfully, J. D. C. ATKINS, Commissioner. The Hon. Secretary of the Interior. A BILL for the removal of the Eastern Cherokee Indians to the Indian Territory. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That for the amount necessary to pay for the removal and sub- sistence of those members of the Eastern band of Cherokees \\h6 have removed them- selves, as well as those who may now or hereafter desire to remove to the Cherokee Nation, in the Indian Territofy, at the rate of lifty-three dollars and thirty-three cents per head, being the amount specified in the eighth article of the Cherokee treaty of December twenty-ninth, eighteen hundred and thirty-five, aud the act of Con- gress approved July twenty-ninth, eighteen hundred aud forty-eight, there is hereby appropriated the sum of twenty thousand dollars, or so much thereof as may be nec- essary, to be expended under the direction of the Secretary of the Interior. Washington, D. C, Januarij 20, 1886. Sir: I respectfully beg leave to call your attention to a claim of North Carolina Cherokees, who removed from North Carolina to the Cherokee Nation Indian Ter- ritory, about ten years ago. The list of these claimants that I am rei)resenting is on file in the Indian Depart- ment, and every claim fully proven, as to number of persons and date of removal. The claim is for their removal, and subsistence for one year. Under Cherokee treaty of 1H46, provision is made that all money due the Chero- kees the United States Government agrees to paj^ 5 per cent, interest from the 12th of June, 1838. Therefore, we think it reasonable and just, that these claimants should receive in- terest on the several sums due them from the date of their removal west, as it was their own funds placed in the hands of the United States Government for this special purpose, aud to draw interest at the rate of 6 per cent, per annum. It has been near nine years since these claims have been presented to the Govern- ment for payment. I also submit a report from the Interior Department, dated February 10, 1885, for your information, on these claims, and I respectfully ask that j'ou will have their money appropriated and paid. Very respectfuUv, J. M. BRYAN, For Claimants. Hon. J. D, C. Atkins, Commissioner Indian Affairs. ^ i9TH Congress, ) SEl^ATE. 4 Ex. Doo. Is* Session. \ \ No. 82. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING A communication from the Secretary of the Interior relative to legislation in behalf of certain Cherolcee Indians. March 3, 1886. — Read and referred to the Committee on Indian Affairs and ordered to be printed. To the Senate and Honse of Representatives : I transmit herewith a communication of the 27th ultimo from the Sec- retary of the Interior, submitting with accompanying papers, a draft of a bill, prepared in the Office of Indian Affairs, for the purpose of secur- ing to the Cherokee freedmen and others, citizens of the Cherokee ]S"a- tion by adoption and incorporation, a sum equal to their proportion of the $300,000, proceeds of lands west of 96 degrees, in the Indian Ter- ritory, appropriated by the act of March 3, 1883. The matter is presented for the consideration of Congress. GROYER CLEVELAliTD. Executive Mansion, March 2, 1886. Departivtent op the Interior, Washington. February 27, 1886. The President: I have the honor to submit herewith copy of a report of 13th instant from the Commissioner of Indian Affairs, presenting, with accompany- ing papers, a draft of proposed legislation for securing to the Cherokee freedmen and others, citizens of the Cherokee Nation by adoption and incorporation, a sum equal to their proportion of the $300,000 appro- priated by the act of March 3, 1883 (22 Stat., 624), which provides as follows : That the sum of $300,000 is hereby appropriated, to be paid into the treasury of the Cherokee Nation, out of the funds due under appraisement for Cherokee lands west of the Arkansas River, which sum sliall be expended as the acts of the Cherokee legis- lature direct, this amount to be imuiediately available. * * * For the distribution of this sum the Cherokee legislature passed an act May 19, 1883, restricting its payment to " the citizens of the Chero- kee Nation by Cherokee blood." There appears to be no conflict between the act of the Cherokee leg- islature made and provided for the distribution of this fund and the act r"$4^*^ lETlh Z CHEROKEE INDIANS. above cited making the appropriation. But when it is examined in the light of the provisions of treaties and agreements relating thereto — full mention of which will be found in the report of the Commissioner — the claim of the complainants is, in my opinion, well founded in right and justice. I therefore submit the matter for your consideration, and respectfully recommend that it be presented to Congress for such action as that body may find to be right and necessary to remedy the wrong complained of. I have the honor to be, verv respectfully, your obedient servant, L. Q. C. LAMAR, Secretary. Department of the Interior, Office of Indian Affairs, Washington, D. C, February 13, 1886. The honorable the Secretary of the Interior : Sir: This office is in receipt of a petition, addressed to the Presi- dent, on February 8, 1886, by J. Milton Turner, as attorney for the Cherokee freedmen, praying that the necessary steps be taken to secure to the said freedmen a sura equal to their proportion of the sum of $300,000 appropriated by an item in the act of Congress approved March 3, 1(^^83 (22 Stats., 624), which reads as follows, viz: That the sum of $300,000 is hereby appropriated, to be paid into the treasury of the Cherokee Nation, out of the funds due under appraisement for Cherokee lands west of the Arkansas River, which sum shall be expended as the acts of the Cherokee legis- lature direct, this ainount to be immediately available: Provided, That the Cherokee Nation, through its proper authorities, shall execute conveyances, satisfactory to the Secretary of the Interior, to the United vStates in Trust only for the benefit of the Paw- nees, Poncas, Nez Perces, Otoes and Missourias, and Osages, now occupying said tract, as they respectively occupy the same before the payment of said sum of money. The several required conveyances were executed on the 14th day of June, 1883, followed by the issuance of the necessary requisition for the money appropriated by the act aforesaid. The act of the Cherokee national council, which was passed over the veto of the principal chief, bv the constitutional two-thirds of said council. May 19, 1883 (Laws "Cherokee Nation, 1881-'83, p. 139), pro- vides — That when the said additional amount, appropriated by act of Congress March 3 1883, shall have been received by the treasurer of the Cherokee Nation, the jirincipal chief shall cause the same to be paid out per capita to the citizens of the Cherokee Nation by Cherokee blood. The next two paragraphs of this act relate to the taking of the neces- sary census, &c., and the fourth ])aragraph thereof provides — That as soon as advised by the proper authoriti»^s that the funds are ready it shall be the duty of the treasurer to make requisition for the same, and on receiving said funds it shall be his duty to pay the same out jier capita to citizens, by Cherokee blood, according to the census rolls. The remainder of the act has no bearing upon the question now at issue, and its quotation here is unnecessary. It is alleged that the provisions of this act were scrupulously carried out, and that none but persons of Cherokee blood received any benefit from the funds in question. I have carefully examined the act of the Cherokee legislature, and in my opinion it is in violation of — CHEROKEE INDIANS. 6 (1) The rights of the freediueu under the 9th article of the Cherokee treaty of 1806 (14 Stats., SOI), which provides — The Cherokee Nation having vohintarily, in February, 1863, by an act of their national council, forever abolished slavery, hereby covenant and agree that never hereafter shall either slavery or involuntary servitude exist in their nation, other- wise than in the punishment of crime, whereof the party shall have been duly con- victed, in accordance with laws applicable to all the members of said tribe alike. They further agree that all freedmen who have been liberated by voluntary act of their former owners or by law, as well as all free colored persons who were in the country at the commencement of the rebellion, and are now residents therein, or who may return within six months, and their descendants, shall have all the rights of native Cherokees. There are three classes of persons mentioned in said articles, viz : Those liberated by the voluntary act of their former owners or by law ; All free colored persons who were in the Cherokee country at the commencement of the rebellion or who returned within six months after the pioclamation of the treaty ; The descendants of the two classes named, As has been seen by the 9th article of that treaty, these persons ac- quired all the rights of native Gherol-ees, and if they are possessed of those rights, it is a violation of the treaty to deny them such rights. There is not the slightest doubt in my mind upon the subject. These people, having the vested rights of native Cherokees, they were enti- tled to their pro rata share of this fund. (2) The said act is in violation of the agreement entered into between the Cherokees and Delawares (Compiled Laws Cherokee Nation, p. 430) and the agreement between said nation and the Shawnees {Id., 345). By the 15th article of the Cherokee treaty of 1866 certain terms were provided under which friendly Indians might be settled upon unoccu- pied lands in the Cherokee country, east of the 96th degree of west lon- gitude. The Indians thus settled were, upon full compliance with the terms and provisions of sai article, to be incorporated into and ever after remain a part of the Cherokee Nation, on equal terms in every re- spect witl) native citizens of said nation. Under the provisions of that article, an agreement was entered into between the Cherokee Nation and the Delaware tribe of Indians on the 8th day of April, 1867, which was approved by the Secretary of the Interior and the PrCvSident of the United States, respectively, on the 11th day of April, 1867, and by which the Delaware tribe of Indians " become members of the Cherokee Nation, with the same rights and immunities, and the same participa- tion (and none other) in the national funds as native Cherokees." Under the provisions of the same article, an agreement was entered into between the Cherokee Nation and the Shawnee tribe of Indians on the 7th day of April, 1869, and approved, respectively, by the Secretary of the Interior and the President on the 9th ddj of June, 1869, whereby it is provided — That the said Shawuees shall be incorporated into and ever after remain a part of the Cherokee Nation, on equal terms in every respect, and with all the privileges and immunities of native citizens of the Cherokee Natioa. These agreements were carried out in every particular. The necessary registration was made and the requisite amount of funds were trans- ferred to the credit of the Cherokee Nation, and thereafter these two tribes became a part of that nation, with all the rights, privileges, and immunities of native Cherokees, and it necessarily follows that the members of each were entitled to their distributive share of the fund in question; and when, by the act of Cherokee council, they were denied 4 CHEROKEE INDIANS. the right to participate iti that fund, they were denied a right guaran- teed them by an agreement entered into under a solemn treaty stipu- lation. (3) The act of the Cherokee legislature is in violation of the Consti- tution of the United States. The Cherokee Nation have the right oi self government, and to make laws for the government of persons and property within its limits, so long as such laws do not conflict with the Constitution of the United States and laws made in pursuance thereof, &c. But the Constitution of the United States says, "Nor shall any person be deprived of life, liberty, or property without due process of law." The three classes of persons named — the freedmen, the Delawares, and the Shawnees — have legally-vested property rights in tbe Chero- kee Nation, and when that nation deprives them of that right " with- out due process of law," as was done in this case, it is a violation of the Constitution of the United States. (4) The said act is in violation of the sixth article of the treaty of 1866, which provides that " all laws of the Cherokee Nation shall be uniform throughout said nation." (5) The said act is in violation, in ray opinion, of the spirit and intent of the act of Congress making the appropriation, which says that the fund appropriated "shall be expended as the acts of the Cherokee leg- islature direct." This act simply gives the Cherokee legislature the power to say how, or rather for ivhat object, the fund shall be expended, not for the benefit of a favored class or a favored few, but for the benefit of the whole Cherokee people, no matter how the right to participate was acquired, whether under the ninth article of the treaty or the fifteenth article thereof. The act does not vest in the Cherokee legislature the right to say who, or that any portion of the nation shall receive the fund to the ex- clusion of another portion or part equally entitled to participate therein. Under the construction placed upon the act by the Cherokee legisla- ture that body had the power to appropriate this fund to the exclusive use and benefit of its own individual members, or to the exclusive use and benefit of the principal chief or to any other individual member of the nation. In my opinion, Congress never intended to vest in the Cherokee legislature this unqualified and unbounded right and power. (6) The act of the Cherokee council in this matter is in violation of every principle of equity and justice, and some steps should be taken by the United States Government to right this manifest wrong. As before seen, the 6th article of the treaty of 1866 provides that all laws of the Cherokee Nation snail be uniform throughout the nation, and said article further provides that "should any such law, either in its provis- ions or in the manner of its enforcement, in the opinion of the President of the United States, operate unjustly or injuriously in said district," being the district defined in article 1, in which certain freedmen and others were permitted to settle — He is hereby authorized and empowered to correct such evil, and to adopt the means necessary to secure the impartial administration of justice as well as a fair and equitable application and expenditure of the national funds, as between the people of this and every other district in said nation. In my opinion this section of the treaty clothes the President with ample power to take such steps and adopt such measures as may be necessary to secure to these several classes of people that which is due them, as well under the treaties and laws cited as in equity and justice. , CHEEOKEE INDIANS. 5 The question tlieu arises as to the best means to be adopted to bring about the desired end. This can be done only by one of two ways : (1) Congress can appropriate, out of any money in the Treasury not otherwise appropriated, a sum sufficient to make such a per capita pay- ment to the people of the several named classes as will equalize the per capita payment made to Cherokees by blood, out of the $300,000 appropriated by the act of March 3, 1883, under the act of their legis- lature aforesaid, making distribution thereof, the amount appropriated to be a charge against and a lieu on the unassigued lands of the Cher- okees lying west of the 9(Jth degree, upon which, under the 16th ar- ticle of the treaty of 1866, the United States Government has the right to settle friendly Indians, and to be deducted from any payments that may be hereafter made on account of said lands; and (2) Congress can provide for the diversion, for the purpose indicated, of a sufficient amount of the funds now in the Treasury of the United States to the credit of the Cherokee ^STation. Under existing law all funds, as they become due, are deposited with the assistant treasurer of the United States at Saint Louis, Mo., to the credit of the treasurer of the Cherokee Nation, to be disposed of as the legislature thereof may direct, and the Government thereafter has no further control thereover. Therefore, whichever of the two suggested methods is adopted. Con- gressional action will be necessary to bring about the desir«-d end. In my judgnientvthe former proposition is the more tenable one. The ap- propriation of the $300,000 referred to, and of which these several classes of Cherokee citizens received no benefit, was made out of the funds due under appraisement for Cherokee lands west of the Arkansas River, and it seems to me but proper that the required funds should be appro- priated by Congress and made a lien on the lauds referred to. This would leave intact the funds of the Cherokees now in the Treasury, the revenue from which, it is presumed, is devoted to the interests of the whole Cherokee people, no matter how the beneficial interest arose. I am not advised as to the amount of the per capita distribution made of this fund, but the census taken by the Cherokees in 1880, and the latest of which I have any knowledge, places the number of persons of Cherokee blood at 15,307, and taking this as a basis, the distribution would be a little less than $20 i)er head. The same census places the colored population at 1,976, the Dela wares at 672, and the Shawnees at 503, the three classes aggregating 3,151; and taking the same basis for calcula- tion, it would require an appropriation of a little over $63,000 to equal- ize the per capita payment, but upon the presumption that there has been some increase among this people, I have inserted in the proposed legislation the sum of $75,000, or so much thereof as may be necessary. This amount is, :t is believed, large enough to cover the interests in- volved, and if it should be in excess of that required, the balance will go back into the Treasury. I inclose copies of the agreements with the Delawares and Shawnees, re8i)ectively, and of the petition filed by Mr. Turner, with draft r,f pro- posed legislation, and have the honor to recommend, if you concur in the views herein expressed, that the matter be presented to Congress, through the proper channel, with request for favorable action. Very respectfully, your obedient servant, J. D. C. ATKINS, Commissioner. 6 CHEROKEE INDIANS. To the President of the United States : Your petitioner respectfully submits that by the provisions of the act of Congress of March 3, 188:J, appropriating $300,000 in part payment of lands theretofore ceded to the United States by the Cherokee Nation of Indians, said $300,000 were to be distributed among and for the benefit of the ivhole Cherokee Nation That subsequent thereto, viz, on the 19th day of May, 1883, the Cherokee coancil enacted a law providing for the distribution of said $300,000, hy the terms of which it excluded from any benefits thereof, and any claim or right thereto, per capita or otherwise, the freednien and all other citizens or members of said Cherokee Nation except "Cherokees by blood." Your petitioner therefore respectfully represents that said act of said Cherokee council, in assuming to exclude from the benefit of or participation in said fund, per capita or otherwise, of the $300,000 al)ove referred to, and to which they were and are by the terms of said act of Congress of March 3, 1883, entitled, frecdmen and all members of said Cherokee Nation, except "Cherokees by blood," is illegal and void, as in direct contravention of the provisions of article 9 of the treaty entered into between the United States and said Cherokee Nation on the 19th day of July, 1866; ratification advised, with amendments, July 27, 1866; amendments accepted July 31, 1866 ; and by proclamation of the President of the United States accepted, ratified, and confirmed August 11, 1866 — In this, to wit: That by said article 9 of said treaty, ''The Cherokee Nation having voluntarily in February, 1863, by an act of their national council, forever abolished slavery, hereby covenant and agree that never hereafter shall either slavery or involuntary servitude exist in their nation otherwise than in punishment of crime whereof the party hhall have been duly convicted, in accordance with the laws applicable 'to all the members of said tribe alike.' "They farther agree that all freedmen who have been liberated by voluntary act of their former owners, or by law, as well as all free colored persons who were in the country at the commencement of the rebellion, and are now residents 'therein, or who may return within six months, and their descendants, shall have all the rights of native Cheroeeks"; and said $300,000 having been thus distributed to the " Cherokees by blood only," in pursuance of the provisions of said act of said council, and the lands ceded by said Cherokee Nation to the United States, and for which said $300,000 is a part consideration, belonging as well to said freedmen and other members of said Cher- okee Nation as to the Cherokees by blood, as provided by said ninth article of said treaty, it must be apparent that unless the President of the United States exercise the authority and power vested in him by the sixth article of said treaty ordering that restitution be made said freedmen and other members of said nation thus excluded, they will be forever barred and cut off from all benefits thereof to which they are en- titled by the terms of said treaty. Therefore your petitioner respectfully asks that an executive order issue on the proper authority to make or compel restitution to be made, as is provided in terms by the 6th article of said treaty of July 19, 1866. SaifING, Secretary. Approved April 11, 1867. ANDREW JOHNSON. Agreement between Shaivnees and Cherokees, concluded Junel, 1869, approved hy the Presi- dent June 9, 1869. Articles of agreement, made and entered into at Washington, D. C, this seventh day of June, A. D. 1869, by and between H. D. Reese and William P. Adair, duly au- thorized delegates representing the Cherokee Nation of Indians, having been duly appointed by the National Council of said Cherokees, parties of the first part, and Graham Rogers and Charles Tucker, duly authorized delegates representing the Shawnee tribe of Indians, parties of the second part ; CHEROKEE INDIANS. V Wilnesseth: Whereas it is provided by the fifteenth article of the treaty between the United States and the Cherokee Indians, concluded July 19th, 1866, that the United States may settle any civilized Indians, friendly with the Cherokees and ad- jacent tribes, within the Cherokee country, on unoccupied land east of 96°, on such', terms as may be agreed upon by any such tribe and the Cherokees, subject to the ap- proval of the President of the United States, which shall be consistent with certain provisions specified in said article ; and Whereas the Shawnee tribe of Indians are civilized and friendly with the Cherokees and adjacent tribes, and desire to settle within the Cherokee country on unoccupied lauds east of 96° : It is therefore agreed, by the parties hereto, that such settlement may be made upon the following terms and conditions, viz : That the sum of five thousand dollars belonging to the Shawnee tribe of Indians, and, arising under the provisions of treaties between the United States and said Shawneer Indians, as follows, viz: For permanent annuity for educational purposes, per fourth article treaty third August, 1795, and third article treaty tenth of May, 1854, one thousand dollars ; For interest, at five per centum, on forty thousand dollars for educational purposes, per third article treaty 10th May, 1854, two thousand dollars; For permanent annuity, in specie, for educational purposes, per fourth article treaty 29th September, 1817, and third article, 10th May, 1854, two thousand dollars; Shall be paid annually to Cherokee Nation of said Indians, and that the annuities and interest, as recited, and the investment or investments upon which the same are based, shall hereafter become and remain the annuities and interest and investment or investments of the Cherokee Nation of Indians, the same as they have been the annuities and interest and investment or investments of the Shawnee tribe of In- dians. And that the Bum offiftythousand dollars shall be paid to the said Cherokees, as soon as the same shall be received by the United States, for the said Shawnees, from the sale of the lands in the State of Kansas known as the Absentee Shawnee lands, in accordance with the resolution of Congress, approved April 7th, 1869, entitled "A resolution for the relief of settlers upon the Absentee Shawnee lands in Kansas, " and the provisions of the treaty between the United States and the Shawnee Indians, concluded May 10th, 1854 ; and also that the said Shawnees shall abondou their tribal organization. And it is further agreed, by the parties hereto, that in consideration of the said payments and acts agreed upon, as hereinbefore stated, that the said Cherokees will receive the said Shawnees — referring to those now in Kansas, and also to such as properly belong to said tribe who may be at present elsewhere, and including those known as the Absentee Shawnees now residing in Indian Territory— into the country of the said Cherokees, upon unoccupied lands east of 96° ; and that The said Shawnees shall be incorporated into and ever after remain a part of the Cherokee Nation, on equal terms in every respect, and with all the privileges and immunities of native citizens of said Cherokee Nation ; Provided, That all of said Shawnees who shall elect to avail themselves of the provisions of this agreement shall register their names, and permanently locate in the Cherokee country as herein provided within two years from the date hereof, otherwise they shall forfeit all rights under this agreement. In testimony whereof, the parties hereto have hereunto subscribed their names and and affixed their seals on the day and year first above written. H. D. REESE, [SKAL.] WM. P. ADAIR, [SEAL.] Delegates Bepreseniinfi the Chfvokee Xafion of Indians. GRAHAM ROCxERS, [seal.] CHARLES TUCKER, [seal.] Delegates representing the Shawnee tribe of Indians. Attest : W. R. Irwin. H. E. McKke. A. N. Blacklidge. Jas. B. Abbott. Department of Interior, June 9, 1869. The within agreement between the Cherokee and Shawnee tribes of Indians, con- cluded on the 7th inst., and providing for uniting the two tribes as contemplated by the Cherokee treaty of July 19, 1866," is respectfully submitted to the President with the recommendation that it be approved. J. D. COX, iStcreiart/. Approved June 9, 1869. U. S. GRANT. S. Ex. 82 2 10 CHEROKEE INDIANS. Whereas, it is provided in the uinth article of tlie treaty of July 19, 1866, between "the United States and the Cheroki-e Nation of Indians, that freedmeu who have been liberated by voluntary act of their former owntrs, or by law, as well as all free col- ored perbous who were in the (Cherokee) country at the commencement of the rebel- lion, and were then residents therein, or who might return within six months, and their descendants, sliall have all the rights of native Cherokees; and Whereas, by the fifteenth artiele of the aforesaid treaty, certain terms were pro- vided under which friendly Indians might be settled upon unoccupif-d lauds in the Cherokee country east ot the ninety-sixth degree of west longitude; and the In- dians thus settled were, upon full compliance with the provisions of said article, to be incorporated into and ever after remain a jiart of the Cherokee Nation, on equal terms in every respect with native citizens ; and Whereas, under tlie provisions of the aforesaid fifteenth article, an agreement was entered into between the Cherokee Nation and the Delaware tribe of Indians, on the, 8th day of April, 1667, ^vhiuh ngreement was approved respectively by the Secretary of the Interior and the President of the United States on the 11th day of April, 1867, and by the terms of which the Delaware Indians "became members of the Cherokee Nation, with the same rights nn'l immunities and the same participation (and no other) in the national funds as native Cherokees;" and Whereas, under the provisions of the aforesaid fifteenth article, an agreement was entered into between the Cherokee Nation and the Shawnee tribe of Indians, on the 7th day of June, 1869, and approved by the Secretary of the Interior and the Presi- dent ot the United States, respecti\ elj-, on the 9th day of June, 1869, by the terms of ■which the Shawnee Indians were incorporated into and became a part of the Cherokee Nation on equal terms in every respect, and with all the privileges and immunities of native citizens of the Cherokee Nation ; and Whereas it is provided by the sixth article of the aforesaid treaty that all laws of cthe Cherokee Nation shall be uniform throughout said nation ; and W^hereas by an item in the act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 13, 1884, and for other purposes, ap- proved March 3, 1883, the sum of .$300,000 was " appropriated, to be paid into the treas- ury of the Cherokee Nation, out of the funds due under appraisement for Cherokee lands west of the Arkansas River, which sum shall be expended as the acts of the 'Cherokee legislature direct;" aud Whereas by an act of the Cherokee legislature, which was passed over the veto of the principal chief, and became a law on the 19th day of May, 1883, the principal chief was directed to caase the said sum of $300,000 to be paid out pei- capita to the citizens of the Cherokee Nation by blood, aud which sum has been paid out only to Cherokee citizens by blood as directed by said act; and Whereas by the said act of the Cherokee legislature the aforesaid freedmen, Dela- ware and Shawnee Indians, have been deprived of their legal aud just dues guaran- teed them by treaty stipulations: Therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereoy is, approj^riated, out of any money in the Treasury not otherwise appropriated, the sum of $75,000, or so much thereof aa may be necessary, to carry out the provisions of this act ; and the amount actually expended shall be charged against the Cherokee Nation on account of its lands west •of the Arkansas River, and shall be a lien on said land, and which shall be deducted from any payment hereafter made on account of said lands. The said sum, or so much thereof as may be necessary, shall be by the Secretary of the Interior distributed per capita {I) among such freedmen and their descendants as are mentioned in the ninth article of the treaty of July 19, 1866, between the United States and the Cherokee Nation of Indians ; (2) among the Delaware tribe of Indians incorporated into the Cherokee Nation by the terms of a certain agreement entered into between said Cherokee Nation and Delaware Indians under the provisions of the fifteenth article of the aforesaid treaty, on the 8th day of April, 1867, and apjjroved, respectively, by the President of the United States and the Secretary of the Interior on the lltli day of Ajiril, 1867 ; and (3) among the Shawnee tribe of Indians incor- porated into the Cherokee Nation by the terms of a certain agreement entered into between the said Cherokee Nation aud Shawnee Indians, under the provisions of the aforesaid article and treaty on the 7th day of June, 1869, and approved, respect- ively, by the President of the United States and the Secretary of the Interior, on the 9th day of June, 1869, in such manner and in such amount or amounts as will equal- ize the per capita payment made to Cherokees by blood, in accordance with the act of the Cherokee legislature aforesaid, out of the sum of $300,000 apjiropriated by the act of March 3, 1883, aforesaid. CHEROKEE INDIANS. 11 [Sapplementary to a petition.] To the Preaident of the United States : The unrlersigiied, referring to bis petition of date Sth day of February, 1886, has the honor to point to the quotation therein contained from the 6th article of the treaty of 1866, and in that quotation to point to the phrases " said district" and "this and every other district in said nation," for,the purpose of explaining that in the fourth article of said treaty of 1866 it was provided and left to the election of certain " freed persons" and "free negroes" whether or not they should avail themselves of " the right to settle in and occupy the Canadian district southwest of the Arkansas River, and all that tract of country lying northwest of Grand River and bounded on the southeast by Grand River," &c. Said freed persons and free negroes were fixed in this right, qualified by a legal limi- tation to expire with the expiration of the first two years subsequent to the promul- gation of said treaty of 1866. These classes allowed that limitation to operate to de- bar them from their right thus to have settled. Referring to the terms of the ninth article of said treaty of 1866, in which the high contracting parties have agreed that the said classes of negroes shall and have created for them a beneficiary right granting and guaranteeing to the said negroes or freedmen in terms, " all the rights of native Uherokees," it will be observed that the said ninth article and the terms thereof, as stipulated and agreed upon by the two high contract- ing parties, is to all intent and purpose in its independence perfected in the distinctness of the terms and provisions of said ninth article from the terms and rights to settle hereinbefore mentioned and described as provided by the aforesaid fourth article, and limitation thereof, of said treaty of 1866. And, in this therefore, the above-described terms of said fourth article of said treaty of 1866, fixing at the election of said bene- ficiaries a limitation of two years and said beneficiaries having allowed themselves to be debarred of said right to settle, the ninth article of said treaty of 1866 operates to grant to said beneficiaries " all the rights of native Cherokees" in any part what- soever of the Cherokee landed possessions, moneys, rights, civil or political, and of " all the rights of native Cherokees" of whatsoever kind or nature. It will, there- fore, be observed that in the very independence of the terms of the fourth and fifth ar- ticles, and so much of the sixth article of the treaty of 1866 as begins with the phrase "the inhabitants of said district hereinbefore described shall be entitled to represen- tation according to numbers in the national council," and ending with the last men- tion of the word council, and as well as all the terms of the ninth article of the treaty of 1866, respectively, the legal harmony itself is found on comparison to be thoroughly preserved and established. It may not be amiss front the undersigned to avail himself of this occasion to ex- press his sentiments of highest consideration and of esteem for the President of the United States. J. MILTON TURNER, Attorney for Cherokee Freedmen. "Washington, D. C, February 15, 1886.