| Testimony taken by the Committee on Indian Affairs 1885 | ||||||||||||||||||
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In 1880, the Cherokee authorities collected taxes from persons grazing on their lands west of Arkansas River in order to make them produce something. I give a statement sent to me by the chief executive of the Cherokee Nation, Hon. D. W. Bushyhead. Statement of the disposition made of the revenue collected west of 96 degrees by Hon. D. W. Lipe,
late treasurer Cherokee Nation.
Difference between total amounts collected and amounts transferred was in national certificates or warrants, January 22, 1885. It is proper to state that the small amount collected was largely due to the fact that many who grazed these lands refused to pay. Iu fact a turbulent class settled to some extent on the border, many of whom evaded or refused to pay tax, being determined to use this portion of Cherokee property and cheat the owners. The lands were largely pastured by these outsiders for many years. I append another exhibit showing the amount of stock the tract can sustain for winter or summer feeding. It was sent from the principal chief of the Cherokee Nation : Lands leased west 96 degrees, 6,022,754 acres. Allowing an average of 15 acres to the head this area of land would accommodate or support?01,517 head of cattle yearly. Average prices.
"Total amount of capital necessary to stock the area of country above named, $8,030,310. This estimate does not include houses. They are thrown in free. This estimate is based on local prices here." To secure if possible more revenue, and thus utilize their property, the Cherokee council, at its May session, 1683, authorized a lease or privilege for grazing for five years. The act and the lease are in the possession of the committee. At that time, nearly two years ago, the grazing privilege was not so valuable. I personally favored a measure to permit the principal chief to lease the privilege to the highest and most responsible parties. It is proper to state; however, that no responsible party offered a higher amount. Even the Cherokee Company in the bill they introduced, offered only one hundred thousand a year. I send you a copy of the act they introduced, sent to me by the chief executive officer of the nation. It will be seen by its provisions that it was not so favorable. Even if the parties had been as responsible, the Cherokee Strip Live-Stock Company offered the nation all the wire fences and temporary structures which belonged to them in addition to the amount. I think the result was determined in their favor largely, because they were the men who in former years honestly paid their tax, as most of the prominent Cherokees knew. I know nothing of any corrupt measures they used to obtain the lease, and my impression is, during an observation extending since 1866, that the Cherokee legislature is as honest a legislature and as patriotic in defense of the interests of the people they represent as any legislature in the United States. I believe that all the complaints made against them have come from disappointed parties who had schemes of their own, or from outside would-be squatters who wish to jump on the lands and who hated to see an honest and productive use made of them. In any event, these lands are their property. They are expressly under their jurisdiction by agreement with the United States. As their legal representative, I firmly believe that these proceedings have reduced the merchantable value of that tract of Cherokee land at least $50,000 per annum. If we were ready to enter into a new grazing contract, we should expect, and would of course receive, a much larger sum than formerly, but there would, in my judgment, be a drawback owing to these proceedings. Business men do not like to be harassed. Neither would it be considered a gracious thing for a committee of Congress to investigate the legislature of any State or Territory on the mere allegation of any one. The Cherokee Nation is not a mere tribe under the jurisdiction of the Indian Bureau. Tho Bureau has not, and has not had, the slightest control of its funds. In all the treaties of the United States with the Cherokee Nation, especially the fifth article of the treaty of the United States, in the most solemn manner in which a pledge could be given, guaranteed to her people the right of self-government. Under this system of permitting her to manage her own affairs unmolested, she has advanced more rapidly than any other of the native people. She has a system of education not inferior to that of the Western States and Territories. In the legislative, executive, and judicial systems she has shown, as the records will prove, far less extravagance than any other State or Territory. Those who are pressing on Congress to violate her pledges, and by the superior power of the United States Government to claim control of her lands, to assume to dispose of them for any purpose, or to let squatters speculate in their increased value, or claimants for grazing privileges who have not secured them to be encouraged with the idea that she should be stripped of her right to manage her own affairs, are merely seeking to despoil the Cherokee Nation. If this is what is proposed she can only enter her solemn protest. Her lands are chiefly valuable for grazing purposes; but for that they are more valuable to her and to the general productive influence of the country than they can be in any other way. When the grazing system is fully established and utilized they will sustain from four hundred to five hundred thousand head of cattle, supplying winter and summer food, if it is not permitted to be abused. By the time the present grazing lease expires the privilege will be worth not less than $1.25 per head, unless this system of harassing is to continue. The tract in question will never be so useful or half so productive in any other way. Not one acre in ten, it might be said more correctly, not one acre in twenty, is fit for agricultural purposes. To permit a few squatters to take there, on the assumption they should be Government lands, would be mere plunder of our property. Each of such watered and timbered localities is worth from five to ten thousand dollars, as it would then control all the rest of it. The entire tract, as I have stated, for grazing purposes would readily bring from one and a quarter to two dollars per acre as a whole tract. The Cherokee Nation will never consent to let it be picked by squatters. If titles and patents issued by the United States are to be violated, it would be better to let.these squatters jump on the lands conveyed to private land speculators or great railroad corporations. Before you by your superior power attempt to rob us, all we seek is to let the courts of your own country to pass on the title you pledged the Cherokee Nation should be good. She cannot consent that any of her lands shall be sold for less than their fair market value, and she knows no one can get a lawful title to them without her consent. On her behalf I make this statement to the committee, and respectfully protest against any step that would destroy the rights or depreciate the value of her property. WM. A. PHILLIPS,
Special Agent and Counsel Cherokee Nation.
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