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pation by Indian tribes, officers of the Indian Department, military posts, and such persons as may be privileged to reside and trade therein under the intercourse laws of the United States; and

Whereas those laws provide for the removal of all persons residing and trading therein without express permission of the Indian Department and agents, and also of all persons whom such agents may deem to be improper persons to reside in the Indian country:

Now, therefore, for the purpose of properly protecting the interests of the Indian nations and tribes, as well as the United States, in said Indian Territory, and of duly enforcing the laws governing the same, I, Rutherford B. Hayes, President of the United States, do admonish and warn all such persons so intending or preparing to remove upon said lands or into said Territory without permission of the proper agent of the Indian Department, against any attempt to so remove or settle upon any of the lands of said Territory; and I do further warn and notify any and all such persons who may so offend that they will be speedily and immediately removed therefrom by the agent according to the laws made and provided; and if necessary the aid and assistance of the military forces of the United States will be invoked to carry into proper execution the laws of the United States herein referred to.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington, this twenty-sixth day of April, in the year of our Lord one thousand eight hundred and seventy-nine, and of the Independence of the United States the one hundred and third.

[SEAL.]

By the President:

WM. M. EVARTS,
Secretary of State.

RUTHERFORD B. HAYES.

A proclamation by the President of the United States of America.

Whereas it has become known to me that certain evil-disposed persons have, within the territory and jurisdiction of the United States, begun and set on foot preparations for an organized and forcible possession of and settlement upon the lands of what is known as the Indian Territory, west of the State of Arkansas, which Territory is designated, recognized, and described by the treaties and laws of the United States, and by the executive authorities, as Indian country, and as such is only subject to Occupation by Indian tribes, officers of the Indian Department, military posts, and nch persons as may be privileged to reside and trade therein under the intercourse laws of the United States; and

Whereas those laws provide for the removal of all persons residing and trading therein without express permission of the Indian Department and agents, and also of all persons whom such agents may deem to be improper persons to reside in the Indian Country; and

Whereas, in aid and support of such organized movement, it has been represented that no further action will be taken by the Government to prevent persons from going into said Territory and settling therein, but such representations are wholly without authority:

Now, therefore, for the purpose of properly protecting the interests of the Indian nations and tribes, as well as of the United States, in said Indian Territory, and of duly enforcing the laws governing the same, I, Rutherford B. Hayes, President of the United States, do admonish and warn all such persons so intending or preparing to remove upon said lands, or into said Territory, without permission of the proper agent of the Indian Department, against any attempt to so remove or settle upon any of the lands of said Territory; and I do further warn and notify any and all such persons who may so offend that they will be speedily and immediately removed therefrom by the agent, according to the laws made and provided, and that no efforts will be spared to prevent the invasion of said Territory, rumors spread by evil-disposed persons to the contrary notwithstanding; and if necessary the aid and assistance of the military forces of the United States will be invoked to carry into proper execution the laws of the United States herein referred to.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington, this twelfth day of February, in the year of our Lord one thousand eight hundred and eighty, and of the Independence of the United States the one hundred and fourth.

[SKAL.]

By the President:

WM. M. EVARTS,

R. B. HAYES.

Secretary of State.

A proclamation by the President of the United States of America.

Whereas it is alleged that certain persons have, within the territory and jurisdiction of the United States, begun and set on foot preparations for an organized and forcible possession of and settlement upon the lands of what is known as the Oklahoma lands in the Indian Territory, which Territory is designated, recognized, and described by the treaties and laws of the United States and by the executive authorities as Indian country, and as such is subject to occupation by Indian tribes only;

And whereas the laws of the United States provide for the removal of all persons residing or being found in said Indian Territory without express permission of the Interior Department:

Now, therefore, for the purpose of properly protecting the interests of the Indian nations and tribes in said Territory, and that settlers may not be induced to go into a country at great expense to themselves where they cannot be allowed to remain, I, Chester A. Arthur, President of the United States, do admonish and warn all such persons so intending or preparing to remove upon said lands or into said Territory against any attempt to so remove or settle upon any of the lands of said Territory; and I do further warn and notify any and all such persons who do so offend, that they will be speedily and immediately removed therefrom by the proper officers of the Interior Department, and, if necessary, the aid and assistance of the military forces of the United States will be invoked to remove all such intruders from the said Indian Territory.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington, this first day of July, in the year of our Lord one thousand eight hundred and eighty-four, and of the Independence of the United States the one hundred and eighth.

[SEAL.]

By the President:

FRED'K T. FRELINGHUYSEN,

CHESTER A. ARTHUR.

Secretary of State.

IN THE SENATE OF THE UNITED STATES,
January 22, 1885.

Whereas the United States in 1866 acquired from the Creek and Seminole Indians, by treaty, certain lands situate in the Indian Territory, a portion of which have remained unoccupied until the present time; and

Whereas a widely extended belief exists that such unoccupied lands are public lands of the United States, and as such subject to homestead and pre-emption settlement, and pursuant to such belief a large number of citizens of the United States have gone upon them claiming the right to settle and acquire title thereto under the general land laws of the United States; and

Whereas it is understood that the President of the United States does not regard said lands as open to settlement, and believes it to be his duty to remove all persons who go upon the same claiming the right to settle thereon, and for that purpose has directed the expulsion of the persons now on said lauds by the use of military force, and there seems to be a probability of conflict growing out of the attempt to expel said persons so claiming right and attempting to settle: Therefore,

Resolved, That the President be requested to advise the Senate as to the status of the lands in question as viewed by the Executive, the action taken, if any, to expel persons seeking to settle thereon, and the reason for the same, together with any other information in his possession bearing upon the existing controversy. Attest:

[Indorsements.]

Respectfully referred to the Secretary of Interior.
By direction of the President.

Secretary,

ANSON G. McCOOK,
By CHAS. W. JOHNSON,
Chief Clerk.

EXECUTIVE MANSION,
January 23, 1885.

O. L. PRUDEN,
Assistant Secretary.

DEPARTMENT OF THE INTERIOR,

January 23, 1885.

Respectfully referred to the Commissioner of Indian Affairs for prompt report.

M. L. JOSLYN,
Acting Secretary.

Received back with report, January 26, 1885.

M. L. J.

DEPARTMENT OF THE INTERIOR,
Washington, January 26, 1885.

SIR: I have the honor to acknowledge receipt, by Executive reference, for report, on the 23d instant, of the Senate resolution in the following words, viz:

Whereas the United States, in 1866, acquired from the Creek and Seminole Indians by treaty certain lands situate in the Indian Territory, a portion of which have remained unoccupied until the present time; and

Whereas a widely extended belief exists that such unoccupied lands are public lands of the United States, and as such subject to homestead and pre-emption settlement, and pursuant to such belief a large number of citizens of the United States have gone upon them, claiming the right to settle and acquire title thereto under the general laws of the United States; and

Whereas it is understood that the President of the United States does not regard said lands as open to settlement, and believes it to be his duty to remove all persons who go upon the same claiming the right to settle thereon, and for that purpose has directed the expulsion of the persons now on said lands by the use of military force, and there seems to be a probability of a conflict growing out of the attempt to expel said persons so claiming right and attempting to settle: Therefore,

Resolved, That the President be requested to advise the Senate as to the status of the lands in question, as viewed by the Executive, the action taken, if any, to expel persons seeking to settle thereon, and the reason for the same, together with any other information in his possession bearing upon the existing controversy.

The matter having been referred to the Commissioner of Indian Affairs, I have the honor to inclose herewith his report thereon dated the 26th instant, which recites fully the provisions of the treaties made with the Indian tribes, ceding the lands in question to the United States, showing the conditions and purposes expressed in said treaties regard ing said lands.

The Commissioner's report shows to what extent said ceded lands are now occupied by friendly Indians, and the authority for such occupation, and also the extent to which said lands remain unoccupied by any lawful authority.

The status of these ceded lands was considered by one of my predecessors, Mr. Secretary Schurz, who held in letter addressed to the Commissioner of Indian Affairs, dated April 25, 1879, as follows:

None of the land or general laws of the United States have been extended to any part of the Indian Territory, except as to crimes and punishments and other provisions regulated by the intercourse acts.

This being the condition of things, it is clear that no authorized settlement could be made by any person in the Territory except under the provisions of the intercourse laws, such person having first obtained the permission provided for in those statutes. It may be further stated that no part of said Territory remains free from appropriation either to a direct trust assumed by treaty or by reservation for tribes thereon under Executive Order, except that portion still claimed by the State of Texas and lying between Red River and the North Fork of the same. (See the various treaties, agreements, and Executive Orders from 1866 to the present time.)

By section 2147 Revised Statutes anthority is expressly granted to the officers of the Indian Department to remove from the Indian country all persons found therein contrary to law, and the President is authorized to direct the military force, to be employed in such removal.

This status of the lands as thus determined has been adhered to by this Department, and on April 26, 1879, February 12, 1880, and in July, 1884, proclamations were issued by the President warning unauthorized persons against going upon these lands.

One D. L. Payne, now deceased, and his followers have made determined and persistent efforts to occupy and settle upon said lands, but this Department has used all means in its power under the laws to keep intruders out of the Territory. In this the assistance of the military has been invoked and received.

No leases or licenses for grazing cattle upon said lands have been allowed by this Department.

No freedmen have at any time been settled upon the lands in question, and it is not probable that any will be so located thereon.

Small tribes of friendly Indians from time to time have been located on selected tracts of these ceded lands. At this time there are no Indians whose removal to these lands is contemplated, and it is not probable that the condition of any of the tribes outside of the Indian Territory will, in the near future, be so changed as to render practicable their removal and settlement in the Indian Territory.

That portion of the lands commonly known as the Oklahoma country, comprising 1,887,800.47 acres, will continue to be a source of trouble while it remains in its present status.

The land is valuable for agriculture and stock-raising, and it is difficult to satisfy the people desiring homes on the public lands that it should not be treated as public lands and settlement allowed thereon. The game having disappeared from the Indian country, there remains no longer any useful purpose for their roaming over immense tracts of unoccupied lands.

It is believed that there will be found at all times in the United States a wholesome public opinion that will demand of the Government that its contracts heretofore made with the Indians be respected in all cases where they do not conflict with the interests of the Indians and are not unjust to the people of the United States; but contracts or treaties impossible of execution, unjust and unfair to both whites and Indians, ought to be abrogated or modified by legislative action. It is not beneficial to the Indians to have millions of acres of valuable land remain unoccupied around them.

There is a general sentiment that these lands should not be withheld from settlement because they were included within the boundaries of the Indian Territory.

These lands are desirable for agricultural and grazing purposes, and every year the difficulty of keeping them from settlement will increase. That they can so be maintained for any considerable length of time is hardly possible. Objection will be made to the occupation of any part of the Indian Territory by others than Indians on the ground that the Government set apart the Territory for the exclusive use of the Indians, and covenanted that no others should reside therein. It is not denied that the treaties so provide. It is, however, within the power of the Government, with the consent of the Indians interested, to change this provision of the treaties so that these desirable unoccupied lands may be placed within the lawful reach of settlers.

Steps should be taken at once to change the present condition of affairs in the unoccupied portion of the Indian Territory. It can be done without the violation of treaties or without subjecting the Government to the charge of bad faith. The power that made the treaties may in like manner abrogate or modify them. It is not proposed to despoil the

Indians nor to compel them to accept less than the full value of whatever they surrender. It will not be wise to take an acre of this land needed by these Indians, or by the coming generation of them; but the lands now owned by the Government for the purpose before mentioned may be opened to settlement with the consent of the civilized tribes, or segregated from the lands occupied and owned by the Indians, and then opened to settlement.

However, until the existing status of the lands shall have been changed by agreements with the Indians interested, or in such other manner as may be determined upon by Congress, the integrity of the treaties heretofore made with the Indians should be maintained, and the power of the Government, to the extent necessary, should be exercised to keep intruders and all unauthorized persons off of the lands. Very respectfully, your obedient servant, H. M. TELLER,

Secretary.

The PRESIDENT.

DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS.
Washington, D. C., January 26, 1885.

SIR: I have the honor to acknowledge the receipt, by Department reference of the 23d instant, for prompt report, of a resolution of the Senate, adopted on the 22d instant, in the following words, to wit:

"Whereas the United States in 1866, acquired from the Creek and Seminole Indians by treaty certain lands, situate in the Indian Territory, a portion of which have remained unoccupied until the present time; and

"Whereas a widely-extended belief exists that such unoccupied lands are public lands of the United States, and as such subject to homestead and pre-emption settlement, and pursuant to such belief a large number of citizens of the United States have gone upon them, claiming the right to settle and acquire title thereto under the general land laws of the United States; and

"Whereas it is understood that the President of the United States does not regard said lands as open to settlement, and believes it to be his duty to remove all persons who go upon the same claiming the right to settle thereon, and for that purpose has directed the expulsion of the persons now on said lands by the use of military force, and there seems to be a probability of a conflict growing out of the attempt to expeĺ said persons so claiming right and attempting to settle: Therefore,

"Resolved, That the President be requested to advise the Senate as to the status of the lands in question as viewed by the Executive, the action taken, if any, to expel persons seeking to settle thereon, and the reason for the same, together with any other information in his possession bearing upon the existing controversy."

The resolution involves two principal inquiries: (1) The status of the lands in question, as viewed by the Executive; (2) the action taken to expel persons seeking to settle thereon, and the reasons for the same.

I have the honor to report thereon as follows:

I. AS TO THE STATUS OF THE LANDS.

By the first article of the treaty with the Creeks and Seminoles, August 7, 1856 (11 Stat., 699), the Creeks ceded and conveyed to the Seminoles "the tract of country ineluded within the following boundaries, viz: Beginning on the Canadian River a few miles east of the ninety-seventh parallel of west longitude, where Ock-hi-appo or Pond Creek empties into the same; thence due north to the North Fork of the Canadian; thence up said North Fork of the Canadian to the southern line of the Cherokee country; thence with that line west to the one hundredth parallel of west longitude; thence south along said parallel of longitude to the Canadian River; and thence down and with that river to the place of beginning"; and the United States thereby solemnly guaranteed that the Seminole Indians should hold said lands by the same title and tenure as that by which they were guaranteed and secured to the Creeks. The preamble to the treaty with the Creeks of June 14, 1866 (14 Stat., 786), recites that "the United States require of the Creeks a portion of their land whereon to settle other Indians," and by the third article of that treaty it provided that, In compliance with the desire of the United States to locate other Indians and freedmen thereon,

S. Ex. 50-2

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