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Show '., ' . SO EEPORT OF THE COMMISSIONER 'OF INDIAN AFFAIRR; alleged intrusions in the Cherokee ati ion by cerhain persons claiming . ' citi5enahip therein wonld thus be satisfwtorily disposed of. In this case the Department determined (1) that it would accept the ~. decision of the Cherokee authorities against claimants as fixing their - ' status a8 intruders in that nation, to be dealt with in accordance with . the provisions of article 27 of the treaty of 1866 (14 Stat., 806); bnt (2) , . thaB those claimants who entered the Oherokee Nation in good faith, believing they had right there by blood, must be dealt with as in-truders, in the light of the facts in each partianlar case, and reasonable time and opportunity must be given each one (in view of all the circnm-stances of residence and labor there) to dispose of or remove his prop- . erty; and (3) that there exists no right in the Cherokee authorities to exercise jurisdiction over the person or property of those claimants who are, by the action of said authorities, declared to be intruders, and that the Department can alone effect the removal of such intruders. It has appeared from complaints received in this office that many. o f . ' ' such claimants, who have been notified to dispose of their improvements . \in the Cherokee Nation and remove therefrom, have attempted to com- ; ply w'ith said notification, hut have been unable to do so for the reason that the Cherokees, who alone can be purchasers, have been disposed to take advantage of the unfortunate circumstances which uecessitated ' a forced sale and have refused to pay a fair consideration for the im- \ provements. Therefore none of this class of claimants have been re-' moved,'and under date of March 11,1889, the Union Indian agent was . . directed by telegraph to take no steps looking to the removal of any of them until further orders from this office. Notwithstanding that the position taken by this Department on the subject is known to the authorities of the Cherokee Nation, many eases have been called to the attention of this office wherein the said author- .;' ties have attempted to force the removal of some of these claimants, without giving them a fair compensation for their property, by selling theirimprovements at auction under the laws of the Cherokee Nation. I: In a report of June 7,1889, my predecessor submitted to the Depart-ment a fall history of this question, the manner in which it arose, and - the position taken thereon b~ this office and the Department. I trust that some means may be adopted for an early settleinent of this long-standing and vexed question which will be just and also atis-factory alike to the claimants and u, the Cherokee people. . P B E E ~ ~ NDE,L AWARES, AND SEIAWNEESI N THE CHE~OKEEN ATION, INDIAN TERRITORY. By an act of Congress, approved March 3,1883 (22 Stat., 624), the sum of $300,000 was appropriated to be paid into the treasury of the Chero-kee Nation, in the Indian Territory, ont of the funds due under ap-praisement of Cherokee lands west of the Arkansas River, the said . . sum to be expended as the Cherokee legislature should direct. |
