Treaty With The Cherokee 1866. Delawares Acquire Full Rights. Shawnees Adopted by Cherokees. Land Sold to Osages. Officers Salaries Fixed. Land Donation to Masons Lodges.
The United States and Cherokees Cdncluded the following treaty:
TREATY WITH THE CHEROKEE, 1866.
July 19, 1866. 14 Stats., 799. Ratified July 27, 1866. Proclaimed Aug 11, 1866. Articles of agreement and convention at the city of Washington on the nineteenth day of July, in the year of our Lord one thousand eight hundred and sixty-six, between the United States, represented by Dennis N. Cooley, Commissioner of Indian Affairs, [and] Elijah Sells, superintendent of Indian affairs for the southern superintendency, and the Cherokee Nation of Indians, represented by its delegates, James McDaniel, Smith Christie, White Catcher, S. H. Benge, J. B. Jones, and Daniel H. Ross—John Ross, principal chief of the Cherokees, being too unwell to join these negotiations.
Preamble. [Whereas existing treaties between the United States and the Cherokee Nation are deemed to be insufficient, the said contracting parties agree as follows, viz:
Pretended Treaty Declared Void. Article 1. The pretended treaty made with the so-called Confederate States by the Cherokee Nation on the seventh day of October, eighteen hundred and sixty-one, and repudiated by the national council of the Cherokee Nation on the eighteenth day of February, eighteen hundred and sixty-three declared to be void.]
Amnesty. Article 2. Amnesty is hereby declared by the United States and the Cherokee Nation for all crimes and misdemeanors committed by one Cherokee on the person or property of another Cherokee, or of a citizen of the United States, prior to the fourth day of July, eighteen hundred and sixty-six; and no right of action arising out of wrongs committed in aid or in suppression of the rebellion shall be prosecuted or maintained in the courts of the United States or in the courts of the Cherokee Nation.
But the Cherokee Nation stipulate and agree to deliver up to the United States, or their duly authorized agent, any or all public property, particularly ordnance, ordnance stores, arms of all kinds, and quartermaster's stores, in their possession or control, which belonged to the United States or the socalled Confederate States, without any reservation.
Confiscation Laws Repealed and Former Owners Restored to Their Rights. Article 3. [The confiscation laws of the Cherokee Nation shall be repealed, and the same, and all sales of farms, and improvements on real estate, made or pretended to be made in pursuance thereof, are hereby agreed and declared to be null and void, and the former owners of such property so sold, their heirs or assigns, shall have the right peaceably to re-occupy their homes, and the purchaser under the confiscation laws, or his heirs or assigns, shall be repaid by the treasurer of the Cherokee Nation from the national funds, the money paid for said property and the cost of permanent improvements on such real estate, made thereon since the confiscation sale;]*** the cost of such improvements to be fixed by a commission, to be composed of one person designated by the Secretary of the Interior and one by the principal chief of the nation, which two may appoint a third in cases of disagreement, which cost so fixed shall be refunded to the national treasurer by the returning Cherokees within three years from the ratification hereof.
Cherokees, Freed Persons, and Free Negroes May Elect to Reside Where. Article 4. All the Cherokees and freed persons who were formerly slaves to any Cherokee, and all free negroes not having been slaves, who resided in the Cherokee Nation prior to June first, eighteen hundred and sixty-one, who may within two years elect not to reside northeast of the Arkansas River and southeast of Grand River, shall have the right to settle in and occupy the Canadian district southwest of the Arkansas River, and also all that tract of country lying northwest of Grand River, and bounded on the southeast by Grand River and west by the Creek reservation to the northeast corner thereof; from thence west on the north line of the Creek reservation to the ninety-sixth degree of west longitude; and thence north on said line of longitude so far that a line due east to Grand River will include a quantity of land equal to one hundred and sixty acres for each person who may so elect to reside in the territory above-described in this article: Provided That that part of said district north of the Arkansas River shall not be set apart until it shall be found that the Canadian district is not sufficiently large to allow one hundred and sixty acres to each person desiring to obtain settlement under the provisions of this article.
Those so Electing to Reside There May Elect Local Officers, Judges etc. Proviso. Article 5. The inhabitants electing to reside in the district described in the preceding article shall have the right to elect all their local officers and judges, and the number of delegates to which by their numbers they may be entitled in any general council to be established in the Indian Territory under the provisions of this treaty, as stated in Article XII, and to control all their local affairs, and to establish all necessary police regulations and rules for the administration of justice in said district, not inconsistent with the constiution of the Cherokee Nation or the laws of the United States; Provided, The Cherokees residing in said district shall enjoy all the rights and privileges of other Cherokees who may elect to settle in said district as hereinbefore provided, and shall hold the same rights and privileges and be subject to the same liabilities as those who elect to settle in said district under the provisions of this treaty; Provided also, That if any such police regulations or rules be adopted which, in the opinion of the President, bear oppressively on any citizen of the nation, he may suspend the same. And all rules or regulations in said district, or in any other district of the nation, discriminating against the citizens of other districts, are prohibited, and shall be void.
Representation in National Council. Unequal Laws. Article 6. The inhabitants ot the said district hereinbefore described shall be entitled to representation according to number in the national council, and all laws of the Cherokee Nation shall be uniform throughout said nation. And should any such law, either in its provisions or the manner of its enforcement, in the opinion of the President of the United States, operate unjustly or injuriously in said district, 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 of every other district in said nation.
Courts. Process. Proviso. Article 7. The United States court to be created in the Indian Territory; and until such court is created therein, the United States district court, the nearest to the Cherokee Nation, shall have exclusive original jurisdiction of all causes, civil and criminal, wherein an inhabitant of the district hereinbefore described shall be a party, and where an inhabitant outside of said district, in the Cherokee Nation, shall be the other party, as plaintiti' or defendant in a civil cause, or shall be defendant or prosecutor in a criminal case, and all process isued in said district by any officer of the Cherokee Nation, to be executed on an inhabitant residing outside of said district, to be executed on any inhabitant residing in said district, shall be to all intents and purposes null and void, unless indorsed by the district judge for the district where such process is to be served, and said person, so arrested, shall he held in custody by the officer so arresting him, until he shall be delivered over to the United Stales marshal, or consent to be tried by the Cherokee court: Provided, That any or all the provisions of this treaty, which make any distinction in rights and remedies between the citizens of any district and the citizens of the rest of the nation, shall be abrogated whenever the President shall have ascertained, by an election duly ordered by him, that a majority of the voters of such district desire them to be abrogated, and he shall have declared such abrogation: And provided further, That no law or regulation, to be hereafter enacted within said Cherokee Nation or any district thereof, prescribing a penalty for its violation, shall take effect or be enforced until after ninety days from the date of its promulgation, either by publication in one or more newspapers of general circulation in said Cherokee Nation, or by posting up copies thereof in the Cherokee and English languages in each district where the same is to take effect, at the usual place of holding district courts.
Licenses to trade not to be granted unless, etc. Article 8. No license to trade in goods, wares, or merchandise shall be granted by the United States to trade in the Cherokee Nation, unless approved by the Cherokee national council, except in the Canadian district, and such other district north of Arkansas River occupied by the so-called southern Cherokees, as provided in Article 4 of this treaty.
Slavery, etc., not to exist. Freedmen. No pay for emancipated slaves. Article 9. The Cherokee Nation having, voluntarily, in February, eighteen hundred and sixty-three, by an act of the 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 the punishment of crime, whereof the party shall have been duly convicted, 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: Provided, That owners of slaves so emancipated in the Cherokee Nation shall never receive any compensation or pay for the slaves so emancipated.
Farm products may be sold, etc. Article 10. Every Cherokee and freed person resident in the Cherokee Nation shall have the right to sell any products of his farm, including his or her live stock, or any merchandise or manufactured products, and to ship and drive the same to market without restraint, paying any tax thereon which is now or may be levied by the United States on the quantity sold outside of the Indian Territory.
Right of way of railroads. Article 11. The Cherokee Nation hereby grant a right of way not exceeding two hundred feet wide, except at stations, switches, waterstations, or crossing of rivers, where more may be indispensable to the full enjoyment of the franchise herein granted, and then only two hundred additional feet shall be taken, and only for such length as may be absolutely necessary, through all their lands, to any company or corporation which shall he duly authorized by Congress to construct a railroad from any point north to any point south, and from any point east to any point west of. and which may pass through, the Cherokee Nation. Said company or corporation, and their employes and laborers, while constructing and repairing the same, and in operating said road or roads, including all necessary agents on the line, at stations, switches, water tanks, and all others necessary to the successful operation of a railroad, shall be protected in the discharge of their duties, and at all times subject to the Indian intercourse laws, now or which may hereafter be enacted and be in force in the Cherokee Nation.
General Council. Article 12. The Cherokees agree that a general council, consisting of delegates elected by each nation or tribe lawfully residing within the Indian Territory, may be annually convened in said Territory, which council shall be organized in such manner and possess such powers as hereinafter prescribed.
Census. First. After the ratilication of this treaty, and as soon as may be deemed practicable by the Secretary of the Interior, and prior to the first session of said council, a census or enumeration of each tribe lawfully resident in said Territory shall be taken under the direction of the Commissioner of Indian Affairs, who for that purpose is hereby authorized to designate and appoint competent persons, whose compensation shall be fixed by the Secretary of the Interior, and paid by the United States.
First general council; how composed. Time and place of first meeting. Session not to exceed thirty days. Special sessions. Second. The first general council shall consist of one member from each tribe and an additional member for each one thousand Indians, or each fraction of a thousand greater than five hundred, being members of any tribe lawfully resident in said Territory, and shall be selected by said tribes respectively, who may assent to the establishment of said general council; and if none should be thus formally selected by any nation or tribe so assenting, the said nation or tribe shall be represented in said general council by the chief or chiefs and headmen of said tribes, to be taken in the order of their rank as recognized in tribal usage, in the same number and proportion as above indicated. After the said census shall have been taken and completed, the superintendent of Indian affairs shall publish and declare to each tribe assenting to the establishment of such council the number of members of such council to which they shall be entitled to represent said tribes shall meet at such times and place as he shall approve; but thereafter the time and place of the sessions of said council shall be determined by its action: Provided, That no session in any one year shall exceed the term of thirty days: And provided, That special sessions of said council may be called by the Secretary of the Interior whenever in his judgement the interest of said tribes shall require such special session.
Powers of general council. Laws, when to take effect. Third. Said general council shall have power to legislate upon matters pertaining to the, intercourse and relations of the Indian tribes and nations and colonies of freedmen resident in said Territory; the arrest and extradition of criminals and offenders escaping from one tribe to another, or into any community of freedmen; the administration of justice between members of ditferent tribes of said Territory and persons other than Indians and members of said tribes or nations; and the common defence and safety of the nations of said Territory.
Laws, when to take effect. Legislative power may be enlarged. All laws enacted by such council shall take effect at such time as may therein be provided, unless suspended by direction of the President of the United States. No law shall be enacted inconsistent with the Constitution of the United States, or laws of Congress, or existing treaty stipulations with the those above indicated: Provided, however. That the legislative power of such general council may be enlarged by the consent of the national council of each nation or tribe assenting to its establishment, with the approval of the President of the United States.
President of council. Fourth. Said council shall be presided over by such person as may be designated by the Secretary of the Interior.
Secretary of council. Pay. Fifth. The council shall elect a secretary, whose duty it shall be to keep an accurate record of all the proceedings of said council, and who shall transmit a true copy of all such proceedings, duly certified by the presiding officer of such council, to the Secretary of the Interior, and to each tribe or nation represented in said council, immediately after the sessions of said council shall terminate. He shall be paid out of the Treasury of the United States an annual salary of five hundred dollars.
Pay of members of council. Sixth. The members of said council shall be paid by the United States the sum of four dollars per diem during the term actually in attendance on the sessions of said council, and at this rate of four dollars for every twenty miles necessarily traveled by them in going from and returning to their homes, respectively, from said council, to be certified by the secretary and president of the said council.
Courts. Article 13. The Cherokees also agree that a court or courts may be established by the United States in said Territory, with such jurisdiction and organized in such manner as may be prescribed by law: Provided, That the judicial tribunals 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 adopton, shall be the only parties, or where the cause of action shall arise in the Cherokee Nation, except as otherwise provided in this treaty.
Lands for missionary or educational purposes. Not to be sold except for Proceeds of sale. Article 14. The right to the use and occupancy of a quantity of land not exceeding one hundred and sixty acres, to be selected according to legal subdivisions in one body, and to include their improvements, and not including the improvements of any member of the Cherokee Nation, is hereby granted to every society or denomination which has erected, or which which the consent of the national council may hereafter erect, buildings within the Cherokee country for missionary or educational purposes. But no land thus granted, nor buildings which have been or may be erected with the consent and approval of the Cherokee national council and the Secretary of the Interior. And whenever any such lands or buildings shall be sold or disposed of, the proceeds thereof shall be applied by said society or societies for like purposes within said nation, subject to the approval of the Secretary of the Interior.
The United States may settle civilized Indians in the Cherokee country. How may be made part of Cherokee Nation. Those wishing to preserve tribal organization to have land set off to them. Article 15. The United States may settle any civilized Indians, friendly with the Cherokees and adjacent tribes, within the Cherokee country, on unoccupied lands east of 96° on such terms as may be agreed upon by any such tribe and the Cherokees, subject to the approval of the President of the United States, which shall be consistent with the following provisions, viz: Should any such tribe or band of Indians settling in said country abandon their tribal organization, there being first paid into the Cherokee national fund a sum of money which shall sustain the same proposition to the then existing national fund "that the number of Indians sustain to the whole number of Cherokees then residing in the Cherokee country, they shall be incorporated into and ever after remain apart of the Cherokee Nation, on equal terms in every respect with native citizens. And should any such tribe, thus settling in 'said country, decide customs, and usages, not inconsistent with the constitution and laws of the Cherokee Nation, they shall have a district of country set off for their use by metes and bounds equal to one hundred and sixty acres, if they should so decide, for each mand, woman, and child of said tribe, and shall pay for the same into the national fund such price as may be agreed on by them and the Cherokee Nation, subject to the approval of the President of the United States, and in cases of disagreement the price to be fixed by the President.
To pay sum into national fund. Limits of places of settlement. And the said tribe thus settled shall also pay into the national fund a sum of money, to be agreed on by the respective parties, not greater in proportion to the whole existing national fund and the probable proceeds of the lands herein ceded or authorized to be ceded or sold than their numbers bear to the whole number of Cherokees then residing in said country, and thence afterwards they shall enjoy all the rights of native Cherokees. But no Indians who have no tribal organizations, or who shall determine to abandon their tribal organizations, shall be permitted to settle east of the 96° of longitude without the consent of the Cherokee national council, or of a delegation duly appointed by it, being first obtained. And no Indians who have and determine to preserve the tribal organizations shall be permitted to settle, as herein provided, east of the 96° of longitude without such consent being first obtained, unless the President of the United States, after a full hearing of the objections offered by said council or delegation to such settlement, shall determine that the objections are insutficient, in which case he mav authorize the settlement of such tribe east of the 96° of longitude.
Where the United States may settle friendly Indians. Lands. Article 16. The United States may settle friendly Indians in any part of the Cherokee country west of 96°, to be taken in a compact form in quantity not exceeding one hundred and sixty acres for each member of each of said tribes thus to be settled; the boundaries of each of said districts to be distinctly marked, and the land conveyed in fee-simple to each of said tribes to be held in common or by their members in severalty as the United States may decide.
Said lands thus disposed of to be paid for to the Cherokee Nation at such price as may be agreed on between the said parties in interest, subject to the approval of the President; and if they should not agree, then the price to be fixed by the President.
Possession and jurisdiction over such lands. The Cherokee Nation to retain the right of possession of and jurisdiction over all of said country west of 96° of longitude until thus sold and occupied, after which their jurisdiction and right of possession to terminate forever as to each of said districts thus sold and occupied.
Cession of lands to the United States in trust. Article 17. The Cherokee Nation hereby cedes, in trust to the United States, the tract of land in the State of Kansas which was sold to the Cherokees by the United States. under the provisions of the second article of the treaty of 1855; and also that strip of the land ceded to the nation by the fourth article of said treaty which is included in the State of Kansas, and the Cherokees consent that said lands may be included in the limits and jurisdiction of the said State.
Lands to be surveyed and appraised. The lands herein ceded shall be surveyed as the public lands of the United States are surveyed, under the direction of the Commissioner of the General Land-Office, and shall be appraised by two disinterested persons, one to be designated by the Cherokee national council and one by the Secretary of the Interior, and, in case of disagreement, by a third person to be mutually selected by the aforesaid appraisers. The appraisement to be not less than an average of one dollar and a quarter per acre, exclusive of improvements.
May be sold to highest bidder. Improvements. Proviso. And the Secretary of the Interior shall, from time to time, as such surveys and appraisements are approved by him, after due advertisements for sealed bids, sell such lands to the highest bidders for cash, in parcels not exceeding one hundred and sixty acres, and at not less than the appraised value: Provided, That whenever there are improvements of the value of fifty dollars made on the lands not being mineral, and owned and personally occupied by any person for agricultural purposes at the date of the signing hereof, such person so owning, and in person residing on such improvements, shall, after due proof, made under such regulations as the Secretary of the Interior may prescribe, be entitled to buy, at the appraised value, the smallest quantity of land in legal subdivisions which will include his improvements, not exceeding in the aggregate one hundred and sixty acres; the expenses of survey and appraisement to be paid by the Secretary out of the proceeds of sale of said land: Provided, That nothing in this article shall prevent the Secretary of the Interior from selling the whole of said lands not occupied by actual settlers at the date of the ratification of this treaty, not exceeding one hundred and sixty acres to each person entitled to pre-emption under the pre-emption laws of the United States, in a body, to any responsible party, for cash, for a sum not less than one dollar per acre.
Sales by Cherokee of lands in Arkansas. Article 18. That any lands owned by the Cherokees in the State of Arkansas and in States east of the Mississippi may be sold by the Cherokee Nation in such manner as their national council may prescribe, all such sales being first approved by the Secretary of the Interior.
Heads of families. Article 19. All Cherokees being heads of families residing at the date of the ratification of this treaty on any of the lands herein ceded, or authorized to he sold, and desiring to remove to the reserved country, shall be paid by the purchasers of said lands the value of such improvements, to be ascertained and appraised by the commissioners who appraise the lands, subject to the approval of the Secretary of the Interior; and if he shall elect to remain on the land now occupied by him, shall be entitled to receive a patent from the United States in fee-simple for three hundred and twenty acres of land to include his improvements, and thereupon he and his family shall cease to be members of the nation.
And the Secretary of the Interior shall also be authorized to pay the reasonable costs and expenses of the delegates of the southern Cherokees.
The moneys to be paid under this article shall be paid out of the proceeds of the sales of the national lands in Kansas.
Lands reserved to be surveyed and allotted. Article 20. Whenever the Cherokee national council shall request it, the Secretary of the Interior shall cause the country reserved for the Cherokees to be surveyed and allotted among them, at the expense of the United States.
Boundary line to be run and marked. Article 21. It being difficult to learn the precise boundary line between the Cherokee country and the States of Arkansas, Missouri, and Kansas, it is agreed that the United States shall, at its own expense, cause the same to be run as far west as the Arkansas, and marked by permanent and conspicuous monuments, by two commissioners, one of whom shall be designated by the Cherokee national council.
Agent of Cherokees to examine accounts, books, etc. Article 22. The Cherokee national council, or any duly appointed delegation thereof, shall have the privilege to appoint an agent to examine the accounts of the nation with the Government of the United States at such time as they may see proper, and to continue or discharge such agent, and to appoint another, as may be thought best by such council or delegation; and such agent shall have free access to all accounts and books in the executive departments relating to the business of said Cherokee Nation, and an opportunity to examine the same in the presence of the ofiicer haying such books in charge.
Funds, how to be invested. Interest, how to be paid. Article 23. All funds now due the nation, or that may hereafter accrue from the sale of their lands by the United States, as hereinbefore provided for, shall be invested in the United States registered stocks at their current value, and the interest on all said funds shall be paid semi-annually on the order of the Cherokee Nation, and shall be applied to the following purposes, to wit: Thirty-five per cent, shall be applied for the support of the common-schools of the nation and educational purposes; fifteen per cent, for the orphan fund, and fifty per cent, for general purposes, including reasonable salaries of district officers; and the Secretary of the Interior, with the approval of the President of the United States, may pay out of the funds due the nation, on the order of the national council or a delegation duly authorized by it, such amount as he may deem necessary to meet outstanding obligations of the Cherokee Nation, caused by the suspension of the payment of their annuities, not to exceed the sum of one hundred and fifty thousand dollars.
Payment to Rev. Evan Jones. Article 24. As a slight testimony for the useful and arduous services of the Rev. Evan Jones, for forty years a missionary in the Cherokee Nation, now a cripple, old and poor, It is agreed that the sum of three thousand dollars be paid to him, under the direction of the Secretary of the Interior, out of any Cherokee fund in or to come into his hands not otherwise appropriated.
Bounties and Arrears for Services as Indian Volunteers; How to be Paid. Artice 25. A large number of the Cherokees who served in the Army of the United States having died, leaving no heirs entitled to receive bounties and arrears of pay on account of such service, it is agreed that all bounties and arrears for service in the regiments of Indian United States volunteers which shall remain unclaimed by any person legally entitled to receive the same for two years from the ratification of this treaty, shall be paid as the national council may direct, to be applied to the foundation and support of an asylum for the education of orphan children, which asylum shall be under the control of the national council, or of such benevolent society as said council may designate, subject to the approval of the Secretary of the Interior.
Possession and Protection Guaranteed. Article 26. The United States guarantee to the people of the Cherokee Nation the quiet and peaceable possession of their country and protection against domestic feuds and insurrections, and against hostile tribes. They shall also be protected against interruptions or intrusion from all unauthorized citizens of the United States of hostilities among the Indian tribes, the United States agree that the party or parties commencing the same shall, so far as practicable, make reparation for the damages done.
Military Posts in Cherokee Nation. Spirituous, etc., Liquors Forbidden Except, etc. Certain Persons Prohibited from Coming into the Nation. Article 27. The United States shall have the right to establish one or more military posts or stations in the Cherokee Nation, as may be deemed necessary for the proper protection of the citizens of the United States lawfully residing therein and the Cherokee and other citizens of the Indian country. But no sutler or other person connected therewith, either in or out of the military organization, shall be permitted to introduce any spirit[u]ous, vinous, or malt liquors into the Cherokee Nation, except the medical department proper, and by them only for strictly medical purposes. And all persons not in the military service of the United States, not citizens of the Cherokee Nation, are to be prohibited from coming into the Cherokee Nation, or remaining in the same, except as herein otherwise provided; and it is the duty of the United States Indian agent for the Cherokees to have such persons, not lawfully residing or sojourning therein, removed from the nation, as they now are, or hereafter may be, required by the Indian intercourse laws of the United States.
Payment for Certain Provisions and Clothing. Article 28. The United States hereby agree to pay for provisions and clothing furnished the army under Appotholehala in the winter of 1861, and 1862, not to exceed the sum of ten thousand dollars, the accounts to be ascertained and settled by the Secretary of the Interior.
Expenses of Cherokee Delegation. Article 29. The sum of ten thousand dollars or so much thereof as may be necessary to pay the expenses of the delegates and representatives of the Cherokees invited by the Government to visit Washinglon for the purpose of making this treaty, shall be paid by the United States on the ratification of this treaty.
Payment for Certain Losses by Missionaries, etc. Article 30. The United States agree to pay to the proper claimants all losses of property bv missionaries or missionary societies, resulting from their being ordered or driven from the country by United States agents, and from their property being taken and occupied or destroyed by United States troops, not exceeding in the aggregate twenty thousand dollars, to be ascertained bv the Secretary of the Interior.
Inconsistent Treaty Provisions Annulled. Article 31. All provisions of treaties heretofore ratified and in force, and not inconsistent with the provisions of this treaty, are hereby re-affirmed and declared to be in full force and nothing herein shall be construed as an acknowledgment by the United States, or as a relinquishment by the Cherokee Nation of any claims or demands under the guarantees of former treaties, except as herein expressly provided.
Execution. In testimony whereof, the said commissioners on the part of the United States, and the said delegation on the part of the Cherokee Nation, this ninth [nineteenth] day of July. A. D. one thousand eight hundred and sixty-six.
D. N. Cooley, Commissioner of Indian Affairs. Elijah Sells, Superintendent of Indian Affairs. Smith Christie,
White Catcher, James McDaniel, S. H. Benge, Danl. H. Ross, J. B. Jones,
Delegates of the Cherokee Nation, appointed by Resolution of the
In presence of — W. H. Watson, J. W. Wright.
Signatures witnessed by the following-named persons, the following interlineations being made before signing: On page 1st the word "the" interlined, on page 11 the word "the" struck out, and to said page 11 sheet attached requiring publication of laws; and on page 34th the word "ceded" struck out and the words "neutral lands" inserted. Page 47 added relating to expenses of treaty.
Thomas Ewing, jr."No one can fully appreciate the wealth, content and comparative happiness the Cherokees enjoyed before the late rebellion, or very shortly after it was begun, unless he had been here and seen it (which was my case) and no man can believe more than half of the want, misery and destitution of the Cherokee people now. Blackened chimneys of fine houses are now all that is left, fences burned, and farms laid waste. The air of ruin and desolation envelops the whole country. None have wholly escaped. No man can pass through the country without seeing all that I have attempted to describe, and no man can fully appreciate it unless he has seen it."
Wm. A. Phillips,
J. W. Wright.
The policy of the Cherokee Nation from its inception until June 31, 1898 was that of strict nonalienation of any land to whites because they realized that if any of their land was so disposed of that it would be an entering wedge to the dissolution of their government. After the practical demolition of their jurisdictional rights by act of congress- they voted to allot their land and discontinue tribal functions.
The Cherokees that had espoused the fortunes of the federal government in 1862, had full control of the government until November 1867 when the southern Cherokees reassumed their place in the body politic as a result of the Downing coalition success at the polls at the August election.
The Delaware Indians who had been living m Kansas, acquired full rights in the Cherokee Nation, by:
ARTICLES OF AGREEMENT WITH THE DELAWARES.Made this 8th day of April, A. D. 1867, between the Cherokee Nation, represented hv William P. Ross, Principal Chief, Riley Keys and Jesse Bushyhead delegates, duly authorized parties of the hrst part, and the Delaware tribe of Indians, represented by John Connor. Principal Chief, Charles Journeycake, Assistant Chief, Isaac Journeycake and John Sarcoxie, delegates, for and on behalf of said Delaware tribe, duly authorized, witnesseth:
Whereas by the 15th article of a certain treaty between the United States and the Cherokee Nation, ratified August 11, 1866, certain terms were provided, under which friendly Indians might be settled upon unoccupied lands in the Cherokee country, east of the line of 96° of west longitude, the price to be paid for such lands to be agreed on by the Indians to be thus located and the Cherokee Nation, subject to the approval of the President of the United States; and whereas, by a treaty between the United States and the Delaware tribe of Indians, ratified August 10th, 1866, the removal of the said Delawares to the Indian country, south of Kansas, was provided for, and in the 4th article whereof an agreement was made by the United States to sell to the Delawares a tract of land, being part of a tract the cession of which by the Cherokees to the United States was then contemplated; and whereas, no such cession of land was made by the Cherokees to the United States, but, in lieu therof, terms were provided as hereinbefore mentioned, under which friendly Indians might be settled upon their lands; and whereas, a full and free conference has been held between the representatives of the Cherokees and the Delawares, in view of the treaties herein referred to, looking to a location of the Delawares upon the Cherokee lands, and their consolidation with said Cherokee Nation: Now, therefore, it is agreed between the parties hereto, subject to the approval of the President of the United States, as follows:
The Cherokees, parties of the first part, for and in consideration of certain payments, and the fulfillment of certain conditions hereinafter mentioned, agree to sell to the Delawares, for their occupancy, a quantity of land east of the line of the 96° west longitude, in the aggregate equal to 160 acres of land for each individual of the Delaware tribe who has been enrolled upon a certain register made February 18, 1867, by the Delaware agent, and on tile in the office of Indian affairs, being the list of the Delawares who elect to remove to the "Indian country," to which list may be added, only with the consent of the Delaware Council, the names of such other Delawares as may, within one month after the signing of this agreement, desire to be added thereto; and the selections of the lands to be purchased by the Delawares may be made by said Delawares in any part of the Cherokee reservation east of said line of 96°, not already selected and in possession of other parties; and in case the Cherokee lands shall hereafter be allotted among the members of said Nation, it is agreed that the aggregate amount of land herein provided for the Delawares, to include their improvements according to the legal subdivisions, when surveys are made (that is to say, 160 acres for each individual,) shall be guaranteed to each Delaware incorporated by these articles into the Chenikee Nation; nor shall the continued ownership and occupancy of said land by any Delaware so registered be interfered with in any manner whatever without his consent, but shall be subject to the same conditions and restrictions as are by the laws of the Cherokee Nation imposed upon the native citizens thereof; provided, that nothing- herein shall confer the right to alienate, convey, or dispose of any such lands, except in accordance with the constitution and laws of said Cherokee Nation.
And the said Delawares, parties of the second part, agree that there shall be paid to the said Cherokees. from the Delaware funds, now held or hereafter received by the United States, a sum of money, equal to one dollar per acre, for the whole amount of 160 acres of land, for every individual Delaware who has already been registered upon the aforesaid list, made February 18. 1867, with the additions thereto, heretofore provided for. And the Secretary of the Interior is authorized and requested to sell any United States stocks belonging to the Delawares to procure funds necessary to pay for said lands; but, in case he shall not feel authorized, under existing treaties, to sell such bonds belonging to the Delawares, it is agreed that he may transfer such United States bonds to the Cherokee Nation, at their market value at the date of such transfer. And the said Delawares further agree, that there shall be paid, from their funds, now and hereafter to come into possession of the United States, a sum of money, which shall sustain the same proportion to the existing Cherokee National fund, that the number of Delawares registered as above mentioned, and removing to the Indian country, sustains to the whole number of Cherokees residing in the Cherokee Nation. And, for the purpose of ascertaining such relative numbers, the registers of the Delawares herein referred to, with such additions as may be made within one month from the signing of this agreement, shall be the basis of calculation as to the Delawares; and an accurate census of the Cherokees, residing in the Cherokee Nation, shall be taken, under the laws of that Nation, within four months, and properly certified copies thereof filed in the office of Indian Affairs, which shall be the basis of calculation as to the Cherokees. And. that there may be no doubt hereafter, as to the amount to be contributed to the Cherokee National fund by the Delawares, it is hereby agreed, by the parties hereto, that the whole of the invested funds of the Cherokees, after deducting all just claims thereon, is $678,000. And the Delawares further agree, that in calculating the total amount of said National fund, there shall be added to the said sum of $678,000, the sum of $51,000,000, being the estimated value of the Cherokee neutral lands in Kansas, thus making the whole Cherokee National fund $1,678,000, and this last mentioned sum shall be taken as the basis for calculating the amount which the Delawares are to pay into the common fund; provided, that, as the $678,000 of funds now on hand, belonging to the Cherokees, is chiefly composed of stocks of different values, the Secretary of the Interior may transfer, from the Delawares to the Cherokees, a proper proportion of the stocks now owned by the Delawares, of like grade and value, which transfer shall be in part of the pro rata contribution herein provided for by the Delawares to the funds of the Cherokee Nation; but the balance of the prorata contribution by the Delawares to said fund, shall be in cash or United States bonds, at their market value. All cash, and all proceeds of stocks, whenever the same may fall due or be sold, received by the Cherokees from the Delawares under this agreement, shall be invested and applied in accordance with the 23d article of the treaty with the Cherokees of August 11th 1866.
On the fulfillment by the Delawares of the foregoing stipulations, all the members of the tribe, registered as above provided, shall become members of the Cherokee Nation, with the same rights and immunities, and the same participation (and no other) in the national funds, as Native Cherokees, save as hereinbefore provided. And the children hereafter born of such Delawares so incorporated into the Cherokee Nation, shall in all respects be regarded as native Cherokees.
Wm. P. Ross, Principal Chief; Riley Keys; Cherokee Delegation.
John Connor, his x mark. Principal Chief; Charles Journeycake; Isaac Journeycake; John Saxcoxie, his x mark; Delaware Delegation.
Executed and delivered in our presence by the above named delegates of the Cherokee and Delaware Nations, at the city of Washington, in the District of Columbia, the day and year first above written.
Ratified by the National Committee, June 15, 1867.
John G. Pratt, Wm. A. Phillips, Edward S. Menagus, Smith Christie, President National Committee. John Young, Speaker of Council.
Two years later the Shawnees were adopted into the Cherokee Nation, by :
AGREEMENT BETWEEN SHAWNEES AND CHEROKEES, CONCLUDEDArticles 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 authorized 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, witnesseth :
JUNE 7TH, 1869 APPROVED BY THE PRESIDENT JUNE 9TH, 1869.
Whereas, It is provided by the fifteenth article of the treaty between the United States and the Cherokee Indians, concluded July I9th, 1866, that the United States may settle any civilized Indians, friendly with the Cherokees and adjacent tribes, within the Cherokee country, on unoccupied lands east of 96°, on such terms as may be agreed upon by any such tribe and the Cherokees, subject to the approval 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 lands 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 Shawnee Indians, as follows, viz:
For permanent annuity for educational purposes per fourth article treaty, 3d August, 1795, and third article both 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, one thousand dollars;
For permanent annuity in specie, for educational purposes, per fourth article treaty, 29th September, 1817. and third article, loth May. 1854, two thousand dollars; shall be paid annually to the Cherokee Nation of said Indians, and that the annuities and interest, as recited, and the 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 investments of the Shawnee tribe of Indians. And that the sum of fifty thousand dollars shall be paid to the said Cherokees. as soon as the same shall be received by the United States, for the said Sliawnees, from the sale of the land 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 loth, 1854, and also that the said Shawnees shall abandon 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 the 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 thereof, otherwise they shall forfeit all rights under this agreement.
In testimony wehereof, the parties hereto have hereunto subscribed their names and affixed their seals, on the day and year first above written.
[SEAL.]WM. P. ADAIR,
Delegates representing the Cherokee Nation of Indians.
Delegates representing the Shawnee Tribe of Indians.
W. R. IRWINH. E. McKEE,
A. N. BLACKLEDGEJAS. B. ABBOTT,
On June 5- 1872 the Cherokees sold one million five hundred sixty six thousand three hundred eight acres of land lying west of the ninety sixth meridian to the Osages. This automatically formed the western boundary line of the Nation.
The several cessions of land by the Cherokees and amounts received for same, in whole numbers have been:
Steady progress in civil, industrial and educational lines was a marked feature of the Cherokees and they came into the State of Oklahoma with a patriotic impulse and pride of state that is equal to that of any citizen. The following citizens of the Cherokee Nation were elected members of the constitutional convention: James W. Swarts. James Riley Copeland. Clement Vann Rogers, James Turner Edmondson, Albert Sidney Wyly, O. H. P. Brewer, William N. Littlejohn, Charles O. Frye and Rev. Henry Cloud, the latter was a full blood Cherokee who defeated James Brooks Ayers Robertson by a vote of nine hundred fifty eight to eight hundred ninety three. Rev. Cloud was the only Cherokee in his constitutional district. The wife of Thomas J. Leahy of the fifty sixth district was Osage-Cherokee origin. The following Cherokees and Cherokee citizens have represented Oklahoma in the halls of Congress: Senator Robert Latham Owen; Congressmen William Wirt Hastings, James Sanford Davenport, Thomas Albert Chandler and Charles D. Carter, of Chickasaw-Cherokee descent. Hundreds of other Cherokees have held other offices in the state and thereby evinced their fealty to the State.
The salaries of the offcers of the Cherokee Nation as fixed by acts of the council on: October 4. 18 30, November 29, 1859, November 29, 1866. November 5, 1875 and in 1892 were, with slight variations, as follows:
MASONS AMONG THE CHEROKEES.
Be it enacted by the National Council, That lots Nos. five and six of square No. nineteen, in the town of Tahlequah, be and they are hereby donated to the Cherokee Lodge of Masons and the division of the Sons of Temperance, now in existence at this place, for the purpose of erecting thereon a lodge building, to be held and owned by them and their successors, through such a board of trustees as they may from time to time appoint: Provided, that the said building shall be erected within two years of the date of this act; otherwise the grant hereby made shall be null and void.
Tahlequah, October 30, 1852.JOHN ROSS.
The above enactment referred to Cherokee Lodge No. 21 of Tahlequah of the Arkansas jurisdiction, the oldest Masonic lodge in the state of Oklahoma. The date of the charter is not known but the officers for the year of 1848 were Walter Scott Adair, W M; Nathan Baron Danenburg, S W, Joseph Coody, J W.
The membership of Cherokee Lodge No. 21 in lS5o was: Nathan Danenburg, W M; Joseph Coody, S W; Walter Scott Adair, J W; Henry Dobson Reese, Secretary; members: David Carter, Charles R. Gourd, Levi Keys, William Potter Ross, John Griffith Harnage, John Walker Candy, Joseph Martin Lynch, Edwin Archer, Thomas Jefferson Parks, John Shepherd Vann, George M. Lavender. Johnson Foreman, James Daniel Rev. Thomas Bertholf, Rev. J. W. Williams and H. Tament The lodge was discontinued by the Grand Lodge of Arkansas on November 17, 1868, but they continued until September 5, 1877, when they were chartered under the Grand Lodge of Indian Territory as Cherokee Lodge No. 10, with Henry Dobson Reese, W M; John Ross Vann, S W; John Lynch Adair J W and the following members: William Frederick Rasmus, John Wardell Stapler, William Eubanks, William 'I". McCoy. Thomas F. Trainor, Johnson Thompson, Joseph Franklin Thompson, Dr. Walter Thompson Adair, Joel Bryan Mayes, Leonidas Dobson, James Latta, Jackson R. Gourd, T. K. B. McSpadden, Philip T. Johnson, Levi Keys, Dr. I. D. Leoser, E. Poe Harris, James Shelton, John Anthony Foreman, George Keys, David Wheeler and John Hildebrand Cookson.
In 1882 John Wardell Stapler was W M; Robert Latham Owen SW; Evans Price Robertson, JW; John Lynch Adair S D; J. B. Gladney, J D; Roben Bruce Ross, Secretary and William Johnston, Treasurer. Members not given above: Bluford West Alberty, John Martin Riley, Richard Martin Benge and Walter N. Evans.
Fort Gibson Lodge No. 35 was chartered by Arkansas on November 5, 1850 with the following officers: W. M. Chapman, W M; M. Rudder, S W; C. DeLano, J. W. and P. Lukenbill, Secretary. The charter of this lodge was discontinued by the Arkansas Grand Lodge on November 6. 1867. H was chartered under the Indian Territory Grand Lodge on November 5, 1878 as Alpha Lodge No. 12. The officers in 1879 were: P. J. Byrne, W M; Henrv Clay Meigs, S W; William Thomas, J W; Florian Haradan Wash, S D; Dr. R. B. Howard, Treasurer and William S. Nash, Secretary.
In 1882 Florian H. Nash was W M; Henrv C. Meips S W; Dr. R. B. Howard J W; Thomas French S D; George O. Sanders S S; William Jackson J S; Connell Rogers. Secretary: William Potter Ross and O. H. P. Brewer were members.
Flint Lodge No. 74 was chartered by the Grand Lodge of Arkansas on November 9, 1853. The officers for 1854 were: John Griffith Harnage W M; R. M. Johnson S W; John Thompson Adair. J W and William Penn Adair. Secretary. The lodge was discontinued by the Arkansas Grand Lodge on August 27, 1867, but this lodge as well as those at Tahlequah and Fort Gibson continued their organizations until they became a part of the Indian Territory Grand Lodge under which this lodge was chartered on March 28, 1876 as Flint Lodge No. II.
The Grand Lodge of Indian Territory was organized at Caddo on October fifth. 1874 by Muscogee Lodge No. 90 of Eufaula, which became No. 1 of the new jurisdiction; Doaksville Lodge No. 279 of Doaksville, becoming No. 2 and Caddo Lodge No. 311 became No. 3. The old numbers were those of the Arkansas Grand Lodge. After the organization of the Grand Lodge, and following the First convocation, Oklahoma Lodge No. 217 of Boggy Depot applied for membership and was accepted as Oklahoma Lodge No. 4, Vinita Lodge No. 5 of Vinita was chartered on September 8, 1875 with George W. Franklin as WM; John Swain J W; James Blythe, Treasurer; James A. Thompson Secretary and the following were members: William Penn Adair, William W. Butfington, George W. Clark, Joseph Vann Cratchfield, James O. Hall. Benjamin F. Landrum, August Sager. W. F. Tucker and D. H. Tucker. Henry Armstrong, Charles Bluejacket, David Taylor. Robert Taylor and Samuel M. Couch were members in 1876. George W. Franklin was W M; J. T. Cunningham, S W and Henry Eifiort, S D in 1879. Among the members in 1880 were: George W. Franklin, W M: Thomas F. Couch. S W; A. W. Timberlake, J W; J. T. Cunningham. S D; Joseph Lynch Thompson, J D; J. J. Caldwell. Tyler and Ross Carey a member. In 1882 the following names are registered: James M. Tittle, William J. Strange, John C. Hogan, Samuel H. Mayes, Archibald McCoy. Robert Lunday, Surry Eaton Beck and John Henry Covel.
The following citizens of the Cherokee Nation have been Most Worshipped Grand Masters of the Grand Lodge of Indian Territory: Harvey Lindsey. 1882, Florian H. Nash, 1885, 1886 and 1887; Leo. E. Bennett, 1889, 1890, 1891 and 1892 and Wilson O. Bruton in 1904. O'Lonzo Conner was M W G M of the Oklahoma Grand Lodge in 1919. Leo F. Bennett was Grand Treasurer from 1899 to 1917.
T. M. BUFFINGTON
Chief — December 5, 1891, to December 23, 1891
November, 1899, to November, 1903
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