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This indenture, made the fifth day of July, in the year of our Lord one thousand eight hundred and eighty-three, by and between Dennis W. Bushyhead, principal
chief of the Cherokee Nation, for and on behalf of said Cherokee Nation, party of the
first part, and E. M. Hewins, J. M. Hamilton, A. J. Day, S. Tuttle, M. H. Bennett,
Ben. S. Miller, A. DrumM, E. W. Payne, and Charles H. Eldred, directors in trust for
and on behalf of the Cherokee Strip Live Stock Association, a corporation organized
and existing under and by virtue of the laws of the State of Kansas, for themselves,
as directors in trust and assigns, party of the second part. Witnesseth, That the said party of the first part, for and in consideration of the rents, covenants, and agreements herinafter mentioned, reserved, and contained on the part and on behalf of the party of the second part, and their successors, in trust and assigns, to be well and faithfuly kept and performed, doth, by authority of law in him vested as principal chief, by and through an act of the national council, which said is entitled "An act to amend an act to tax stock grazing upon Cherokee lands west of the 96th meridian," approved in special session May 19th, A. D. 1883, which said act is especially referred to and made part of these presents, does by these presents lease for grazing purposes only unto the aforesaid E. M. Hewins, J. W. Hamilton, A. J. Day, S, Tuttle, M. H. Bennett, Ben S. Miller, A. Drumm, E. W. Payne, and Charles H. Eldred, directors in trust as aforesaid, their successors, and assigns, parties of the second part, all and singular, the unoccupied lands of and belonging to the Cherokee Nation, being and lying west of the 96th "meridian" and west of the Arkansas River, not including any portion occupied, sold, and conveyed to the Pawnees, Poncas, Nez Perces, Otoes, Missourias, Osages, and Kansas Indians, or the Salines, set apart to be leased seperately under the act of Congress approved August 7th, A.D. 1882, as hereinafter set forth; the said portion herin leased for grazing purposes containing six million (6,000.000) of acres, more or less, and lying east of the one hundredth meridian, and the said hereinbefore named parties of the second part, their successors and assigns, shall for the purpose herein set forth, have and hold the above mentioned and described premises from and after the first day of October, one thousand eight hundred and eighty-three (1883), for and during the term and period of five years thence next ensuing from said date, subject to the qualifications hereinafter provided for, and upon yeilding and paying for the same the amounts of money as hereinafter provided for; and the said E. M. Hewins, J. W. Hamilton, A. J. Day, S, Tuttle, M. H. Bennett, Ben. S. Miller, A. Drumm, E. W. Payne, and Charles H. Eldred, directors in trust for said Cherokee Strip Live Stock Association, their successors and assigns, and not otherwise, in consideration hereof, and the leasing aforesaid, to pay, on the order of the principal chief aforesaid, into the treasury of the Cherokee Nation at Tahlequah, Indian Territory, yearly, and for each and every one of said five years, the annual sum of one hundred thoudand dollars ($100,000.00) lawful money of the United States, the same to be paid in two equal semi-annual payments, to be made and so piad in advance, to wit: On the first day of October and the first day of April in each and every year during said term. Provided always, and it is further covenanted and agreed between said parties hereto, that if said semi-annual payment in advance, or any part thereof, shall remain unpaid after the expiration of thirty days after teh date the same becomes due as herein agreed to be paid; or if default shall be made in any of the covenants hereinbefore or hereinafter set forth, or as contained and required by the act of the national council approved May 19th, A. D. 1883, as aforesaid, on the part and in behalf of the said parties of the second part, then and from henceforth, it may be lawful, and is agreed that said principal chief, or his successors in office, may declare the lease forfeit, and annulled, and the said party of the first part may enter into and resume possession of the premises herein leased. And it is further agreed, in accordance with the act of said national council, that in case the lands hereinbefore described, or any part of them included in the terms of this lease, shall be disposed of under present existing laws, or laws hereinafter to be passed by the Congress of the United States, by the said Cherokee Nation, that on the party of the first part giving six months notice thereof to the party of the second part, that then, and in that event, the terms and conditions of this lease and the lease thereof shall terminate on the expiration of the said six months from the date of said notice, to all or any portion of said tract of unoccupied Cherokee land thus sold or disposed of, and the parties to whome said lands or any portion of them should then be disposed of or sold to may enter into and take possession of the same, but then and in the event, the said the party of the second part, their successors and asigns, shall not be chargeable with rent on the lands so sold, but shall be allowed a rebate on all subsequent payments made on account of this lease at the rate of one and two-thirds (1 2/3c.) cents per acre per annum on the lands so sold or disposed of. Further, it shall be the privilege of said party of the second part, their successors or assigns, to erect on said lands such fences, corrals, and other improvements as may be necessary and proper and convenient for the carrying on of their business and for utilizing said lands for the purposes for which they are leased. And in case this lease shall be terminated as to all or any part of said lands by the disposal of the same as heretofore provided and set out, the party of the second part shall have the right to remove all of said improvements, fences, corrals, except such portions thereof as may be made from the timber or other property of the Cherokee Nation, or timber for which has been obtained from the aforesaid tract. It shall further be the privilege of said party of the second part, their successors and assigns, to cut from the territory herein leased such timber as may be necessary for the purpose of building the fences, corrals, and improvements here before authorized to be erected on said leased premises, and to cut from said lands such timber as may be necessary for firewood and fuel, but not otherwise, and to commit no waste thereon. And the said party of the second part doth further covenant and agree with the said Dennis W. Bushyhead as aforesaid, and as parts and conditions of this lease or contract, well and truly and without deduction or delay, to make all payments as rewuiredin the foregoing, in the manner limited and prescribed; and in case of any failure as aforesaid, the said party of the second part agree that they will peaceably surrender the premises herein leased, and all improvements or erections thereon; and obligate themselves, and this is one of the conditions of this lease, to make no permnent improvements (the improvement, the right to make which is hereinbefore granted, being considered temporary improvemnets) on the aforesaid premises or leased tract, and only such temporary improvements as are authorized by the act of the National council approved May 19th,1883, hereinbefore referred to; and on the expiration of the lease or its being declared forfeited by default in the payments, as hereinbefore provided, then, and in either event, all improvements, structures, or erections thereon shall be and become the property of the Cherokee Nation; and said nation shall have possession of the same, and all the singular of such erections and improvements shall absolutely revert to and become the property of the Cherokee Nation, party of the first part. And the second part of the second part further coveneants and agrees with the said party of the first part, as one of the conditions of this lease, that they will cut no timber for removal from said lands, or take or remove any material or property being part of the premises so leased; or remove or ship material therefrom; and that they will use all duediligence to prevent the cutting or removing of any timber or other material therefrom; and they will faithfully observe the intercourse laws of the United States; taht they will obstruct no mail or stage line, and that they will not interfere with the salines, located or to be located, under the provisions of the act of the Congress, before mentioned, approved August 7th, 1882. And it is further agreed betweenthe parties of the first part and the second part, that the grounds excepted and reserved from, not included in, the terms of this lease, necessary for the manufacture of salt at the said salines, may and shall not exceed in the aggregate for said salines, and all of them, one hundred thousand acres, with a right of way to and from said salines, such as may be required properly to work them; and the said party of the second part do hereby obligate themselves, for themselves as directors in trust aforesaid, their successors and assigns, will and truly to observe and faithfully exe- cute all and singular of the foregoing agreements and covenants, which are declared to be part of this agreement, in consideration of which this lease is granted. And the said party of the first part, principal chief of the Cherokee Nation, in accordance with the ast of the national council, as aforesaid, and on condition of the faithful payment of the sum of money as hereinbefore stipulated, in the manner and with the conditions hereinbefore prescribed, and as further condition that the said party of the second part will well and truly fulfill all of the conditions, covenants, and agree ments herein set forth, doth hereby covenant and agree by these presents that the said E. M. Hewins, J. W. Hamilton, A. J. Day, S, Tuttle, M. H. Bennett, Ben. S. Miller, A. Drumm, E. W. Payne, and Charles H. Eldred, directors in trust for said Chero- kee Strip Live Stock Association, their successors in trust, and assigns, shall and may at all times during said term, subject to the conditions as aforesaid, peaceably hold and enjoy all privileges of lease on the said premises, free, clear, and harmless from any letor hindrance whatsoever, together with all privileges and rights of said party of the first part, in reference to teh same, according to law and treaty stipulation. In testimony whereof the said party of the first part, the said D. W. Bushyhead principal chief, has signed his name as such principal chief and caused the seal of the Cherokee Nation to be affixed to these presents, and said parties of the second part, the said E. M. Hewins, J. W. Hamilton, A. J. Day, S, Tuttle, M. H. Bennett, Ben. S. Miller, A. Drumm, E. W. Payne, directors in trust, have caused these resents to be signed on their behalf by Chas. H. Eldred, their true and lawful attorney in fact, evidence of his authority being attached to thelease retaned by the party of the first part, and Chas, H Eldred, director in trust, signing his himself. Done in duplicate, at Muscogee, Indian Teritory, this the seventh day of July, in the year of our Lord one thousand eight hundred and eighty-three. D. W. BUSHYHEAD, [SEAL]
Principal Chief E. M. HEWENS, [SEAL] By CHAS H. ELDRED, Attorney in Fact Signed and sealed in the presence of--
J. G. VOSE. EDWIN E. WILSON. JNO. F. LYONS. J. W. HAMILTON [SEAL]
By CHAS H. ELDRED, Attorney in Fact A. J. DAY [SEAL] By CHAS H. ELDRED, Attorney in Fact S. TUTTLE [SEAL] By CHAS H. ELDRED, Attorney in Fact M. H. BENNETT [SEAL] By CHAS H. ELDRED, Attorney in Fact BEN. S. MILLER [SEAL] By CHAS H. ELDRED, Attorney in Fact A. DRUMM [SEAL] By CHAS H. ELDRED, Attorney in Fact E. W. PAYNE [SEAL] By CHAS H. ELDRED, Attorney in Fact CHAS. H. ELDRED [SEAL] Resolved, That the action of Chas, H. Eldred, acting under separate and individual power of attorney from the member of this board, in signing and executing on behalf of the board of directors and the association, the lease of the Cherokee strip made between the principal chief of the Cherokee Nation and the board of directors be, and the same is hereby, confirmed, fully ratified, and adopted as the act and deed of the board of directors, acting for and on behalf of the Cherokee Strip Live Stock Association, and the secretary is directed to forward a copy of this resolution, duly certified and sealed, to Chief Bushyhead, to be by him attached to the original lease in his possession. Attest, [SEAL] JOHN A. BLAIR, Sec'y C.S.L.S.Asso. Caldwell, Kans., July 10, 1883.
Power of attorney.
Know all men by these presents that I, J. W. Hamilton , of Sumner County, in the State
of Kansas, have made, constituted, and appointed, and by these premises do make
constitute, and appoint, Chas, H. Eldred and Andrew Drumm, or either of them, of
Barber County, in the State of Kansas, my true and lawful attorney in fact, for me
and in my name, place, and stead, andd to my use, to sign my name as director to any
papers relating to the leasing of grounds known as the Cherokee lands west of 96
by and for the "Cherokee Strip Live Stock Association."Giving unto said attorneys, or either of them, full power to do everything what- soever requisite and necessary to be done in the premises as fully as I could if personally present. With full power of substitution and revocation, hereby ratifying and confirming all that my said attorney shall lawfully do or cause to be done by virtue herof. In testinony whereof I have hereunto set my hand this 25th day of June, 1883. J. W. HAMILTON
Executed in presence of-
State of KansasHenry S. Carter. Summer County, ss: Be it remembered that on this 25th day of June, 1883, before me, the undersigned, a notary public in and for the county and State aforesaid, cam J. W. Hamilton, who is personally known to me to be the same person who executed the within instrument of writing, and such person has duly acknowledged the execution of the same. In testimony whereof I have hereunto set my hand and affixed my notary seal the the day and year last above written. HENRY S. CARTER
Notary Public Comm. expires January 19, 1884
Power of attorney.
Know all men by these presents that E. W. Payne, of Barber County, in the State
of Kansas, have made, constituted, and appointed, and by these presents does make,
constitute and appoint Chas. H. Eldred, A. Drumm, Ben, S. Miller, or either of them
of Summer County, in the State of Kansas, his true and lawful attorney in and for
him and in his name, place, and stead, and to his use to sign his name as director of
the Cherokee Strip Live Stock Association, to a lease of the Cherokee lands, west of
the 96 meridian of the east to the 100 meridian west, as provided for in a bill passed
by the Cherokee council, entitled "An act to amend an act to tax stock grazing upon
Cherokee lands west of the 96 Meridian."Giving to the said attorney full power to do everything whatsoever requisite and necessary to be done in the premises as fully as I could if personally present. With full power of substitution and revocation, hereby ratifying and confirming all that * * * said attorney shall lawfully do, or cause to be done, by virtue hereof. In witness whereof I have hereunto set my hand the 20th day of June, 1883. E. W. PAYNE
Executed in the presence of-
F. B. CHAPIN. State of Kansas,
Barber County, ss: Be it remebered that on this 20th day of June, A. D. 1883, before the undersigned, notary public in and for the county and state aforesaid, came E. W. Payne, who is personally known to me to be the same person who executed the within instrument of writing, and such person has duly acknowledged the execution of the same. In testimony whereof I have hereunto set my hand and affixed my official seal the day and year last above written. GEO. GEPPAL,
Notary Public Power of attorney.
Know all men by these presents that we, E. M. Hewins, S. Tuttle, A. J. Day, M.
H. Bennett, and Ben S. Miller, of the county of Summer and State of Kansas, have
made constituted, and appointed, and by these presents do make, constitute and
appoint, Chas. H. Eldred of [or?] Andrew Drumm, or either of them, true and lawfull attorneys for us, and in our names, places, and stead, and to my use, to sign our
names as directors to any papers relating to the leasing of ground known as Cherokee lands west of 96, by or for the Cherokee Strip Live Stock Association.Giving and granting unto our said attorneys, or either of them, full power and authority to do and perfom all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and puposes as we might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that our attorneys, or either of them, shall lawfully do or cause to be done by virtue thereof. In witness whereof we hereunto set out hands and seals this _______ day of ______, A. D. 1883. M. H. Bennett [SEAL]
E. M. Hewins [SEAL] Ben. S. Miller [SEAL] S. Tuttle [SEAL] A. J. Day [SEAL] State of Kansas,
County of Summer, ss: On this _____ day of June, A. D. 1883, before me, a ______ in and for said county, came E. M. Hewins, S. Tuttle, A. J. Day, M. H. Bennett, and Ben, S. Miller, to me personally known to be the identical persons described in, and whose names are affixed to, the above power of attorney, and duly acknowledge the execution of the same to be our own volunteery act and deed for the uses and purposes therein set forth. In testimony whereof I have hereunto subscribed my name and affixed my seal of office on the day and year last above written. Power of attorney.
Know all men by these presents that I, A. Drumm, a director of the Cherokee Strip
Live Stock Association, of Caldwell, in the State of Kansas, have made, constituted,
and appointed, and by these presents do make,constitute, and appoint, Charles H.
Eldred my true and lawful attorney, irrevocable, for me and in my name, place, and
stead, to sign my name as director to a certain lease to be entered into between said
association and the Cherokee Nation, giving and granting to my said attorney full
power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully to all intents and
purposes as I might or could do if personally present at the doing thereof, hereby
ratifying and confirming all that my attorney may or shall lawfully do or cause
to be done by virtue hereof.In witness i hereunto set my hand and seal on this 3rd day of July, 1883. A. DRUMM
Cherokee Nation,
Illinois District: Be it known that on the third day of July, in the year eighteen hundred and eighty- three, before me, the undersigned, deputy clerk in and for the district of Illinois, Cherokee Nation, personally appeared A. Drumm, the identicalperson who executed the forgoing letter of attorney, and the same having been read over to him, acknowledged the same to be his act and deed. In witness whereof I have hereunto set my hand and affixed my seal of office the day and year last above written. Sworn to and subscribed to before me on this third day of July, 1883. T. J. THORNTON,
Ass't Cl'k Illinois Dist., Cherokee Nation. |