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That Congress still recognizes the ceded territory as Indian country, is apparent from the recent act of January 26, 1883 (22 Stats., p. 400), annexing the whole of the Indian Territory, except those portions occupied by the Cherokee, Creek, Choctaw, and Chickasaw and Seminole Indian tribes, to the United States judicial district of Kansas, and the northern district of Texas, respectively, with exclusive original jurisdiction in the United States district courts at Wichita, and Fort Scott, Kans., and at Graham, Tex., respectively, over all offenses committed against United States laws within the limits of the Territory so annexed to said district, but providing that nothing in the act shall be construed to give to said district courts of Kans. and Tex., respectively, any greater jurisdiction in that part of said Indian Territory so annexed, respectively, to said district of Kansas and said northern district of Texas, than might theretofore have been lawfully exercised thereon by the western district of Arkansas; nor shall anything in the act contained be construed to violate or impair in any respect any treaty provisions whatever.

The status of the unoccupied lands of the Indian Territory of which those mentioned in the resolution form a part, as viewed by this Department, is so fully set forth in Department letter above quoted, fortified by judicial opinions also referred to, that it appears unnecessary to add anything on the subject beyond remarking that, as has already been shown, it has been the established policy of the Department in performance of the conditions mentioned in the treaties by which the Government acquired lands or the right to use them in the Indian Territory, for Indian purposes, whenever the best interests of the Government and the Indians demanded it, to appropriate such unoccupied lands for the settlement of Indian tribes where their removal to the Indian Territory is not prohibited by existing treaty stipulations or laws. II. AS TO THE ACTION TAKEN TO EXPEL PERSONS ATTEMPTING TO SETTLE ON SAID LANDS, AND THE REASONS FOR THE SAME.

The limited time at my disposal for the preparation of this report renders it absolately impossible to accompany it with the usual copies of papers and correspondence in connection with this portion of the subject. I shall therefore be compelled to give a brief history only of the operations taken from the annual reports of this office, leaving the correspondence to be supplied hereafter if it be required.

In the early part of the winter of 1878-79 an extensive scheme was organized to take forcible possession of certain lands in the Indian Territory which had been ceded to the Governinent for Indian purposes. Letters were published and circulated in the States surrounding the Territory by parties interested in the project, declaring that these were public lands and were open to settlement by citizens of the United States. In a short time a large number of persons from Missouri, Kansas, and Texas were discovered in the act of entering the Territory, carrying their household goods and farming implements, with the evident purpose of making permanent settlement. This unlawful conspiracy was ascertained to be so extensive as to necessitate the adoption of speedy and vigorous measures in order to prevent serious complications and trouble with the Indians. The attention of the President having been called to the matter by the Department, on the 26th of April, 1879, he issued a proclamation warning all persons who were intending or preparing to remove to the Indian Territory without permission of the proper authorities against attempting to settle upon any lands in said Territory, and notifying those who had already so offended that they would be speedily removed therefrom by Indian agents, and that, if necessary, th aid and assistance of the military would be invoked to enforce the laws in relation

to such intrusion.

Accordingly, upon the recommendation of the Department, troops were posted at available points along the lines between the Indian Territory and Missouri, Kansas, and Texas to prevent unauthorized parties from entering the Territory, and detachments and scouts were detai ed to arrest and remove such intruders as could be found within its borders. By the diligent co-operation of the military authorities with the Indian Bureau, the intruders were speedily removed and the unlawful invasion was ebecked. (For copies of correspondence and papers in connection with this movement, see S. Ex. Doc. No. 10, Forty-sixth Congress, first session, copy herewith.) In February, 1880, information reached this office that a large number of persons were again organizing at various places in Southern Kansas for the purpose of entering the Indian Territory and making settlements on lands therein which had been ceded to the Government for Indian purposes. To encourage this movement the promoters of the scheme had publicly represented that the President had changed his views in regard to the status of the lands in question since the issuance of his proclamation of April 26, 1879, and that in his last annual message he had admitted that said lands were public and should be settled upon, and hence they were violating neither the President's proclamation nor any law of the United States in emigrating to and locating upon such lands.

The attention of the President having been called to the matter by this Department, he issued a second proclamation, dated the 12th of February, 1880. This proclamation declared the representations made to be wholly without foundation, and to have originated only in the minds of evil-disposed persons, and again warned all parties who were intending or preparing to remove upon such lands, or into the Indian Territory, without permission of the proper authorities, against any attempt to so remove and settle upon any of the land of said Territory. It notified all persons so offending that they would be speedily removed therefrom by the Indian agents, and that, if necessary, the aid and assistance of the military would be invoked to carry into execution the laws of the United States in such case made and provided.

Upon the recommendation of this Department a proper disposition of troops was made by the War Department along the line between the Indian Territory and Kansas, to prevent unauthorized persons from entering the Territory, and details were made for the arrest and removal of such intruders as might be found within its borders. These precautions resulted in the arrest, by the military, on or about the 15th of May, 1880, of one D. L. Payne, the recognized leader of the movement, and some eleven of his followers, who had established a camp at a point about forty miles east of Fort Reno, and about a mile and a half south of the North Fork of the Canadian. Pursuant to an order of the Secretary of War, the intruders were conducted to a point outside the Territory and there discharged, with a warning not to return.

On the 15th of July, 1880, Payne and some twenty associates were again discovered in the Indian Territory; were again arrested by the United States forces, and, in pursuance of the order of the President, turned over to the United States marshal for the western district of Arkansas, to be held for prosecution under the United States laws relating to the intruders in the Indian country. The prisoners were subsequently released on bail, to appear for trial at the November term of the United States district court.

At the subsequent May term of said court a civil suit in the nature of an action of debt, brought against Payne, in the name of the United States, to recover the statutory penalty of $1,000, was tried, and judgment rendered against him.

During the year 1882 two attempts at settlement by the so-called "Oklahoma colony" were made under the leadership of D. L. Payne, first in May, when Payne, with a party of followers, was arrested in the Indian Territory by the military, and afterwards released on the Kansas border; and again in the latter part of August, when, with a party consisting of seven men and two women, and an outfit of horses, wagons, &c., he was again captured by the troops whilst endeavoring to effect a settlement at Oklahoma. Upon this last occasion, refusing to go out of the Territory peacefully, the party were disarmed and taken to Fort Reno as prisouers. Upon the recommendation of this Department they were turned over by the military to the United States civil anthorities at Fort Smith, Ark., by whom, it is reported, they were subsequently released to appear at the November term of the United States court for the western district of Arkansas, to answer to civil suits for the recovery of the prescribed penalty of $1,000. During the year 1883 Payne and his party of Oklahoma colonists again made two ineffectual attempts at settlement in the Indian Territory, requiring the aid of the military, at great expense to the Government, to effect their removal. In 1884 Payne again twice sought to obtain a foothold in the Territory; first in May, when with a party of about fifty he endeavored to effect a settlement on the unoccupied land south of the Cimarron River, from whence they were dislodged by the military, not without considerable show of resistance, and later, in June, when, with largely increased numbers, he established himself on the Cherokee outlet lands, south of Hunnewell, Kans., locating settlements at various points along the Arkansas River, with headquarters at Rock Falls, 4 miles south of the Kansas line. The intruders were removed by the military on the 7th of August last, Payne and others, old offenders, being again arrested and turned over to the civil authorities at Fort Smith. (For fuller particulars of this movement see Annual Report of this office for 1884, p. xl, copy herewith.) This office is not advised what action was taken by the civil authorities at Fort Smith, but it appears from the copies of the official reports of the War Department, on file in this office, that a large body of men, under the leadership of one Couch, have again entered the T rritory, and are now encamped at or near the Cimarron River, whence they defy the military to remove them. The authority for the use of the military in such cases is conferred on the President by sections 2147 and 2150 of the Revised Statutes, which severally read as follows:

SEC. 2147. The superintendent of Indian affairs and Indian agents and sub-agents shall have authority 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.

"SEC. 2150. The military forces of the United States may be employed in such manner and under such regulations as the President may direct:

"First. In the apprehension of every person who may be in the Indian country in

violation of law, and in conveying him immediately from the Indian country by the nearest convenient and safe route to the civil authority of the Territory or judicial district in which such person shall be found, to be proceeded against in due course of law."

I inclose herewith copies of Executive proclamations, dated, respectively, April 26, 1879, and February 12, 1880, herein before referred to.

The resolution of the Senate is herewith returned, and a copy of this report is inclosed.

Very respectfully, your obedient servant,

The Hon. SECRETARY OF THE INTERIOR.

H. PRICE,
Commissioner.

[Senate Ex. Doc. No. 109, 48th Congress, first session.]

Letter from the Secretary of the Interior, transmitting, in response to Senate resolution of January 22, information concerning the status of certain lands in the Indian Territory, FEBRUARY 18, 1884.-Referred to the Committee on Indian Affairs and ordered to be printed. DEPARTMENT OF THE INTERIOR, Washington, February 14, 1884.

SIR: I have the honor to acknowledge receipt of Senate resolution of January 23 last, directing the Secretary of the Interior

"To advise the Senate of the present status of lands in the Indian Territory other than those claimed and occupied by the five civilized tribes, the extent of each tract separately, the necessity for or obligation to keep said lands in their present condition of occupancy or otherwise, and as to whether any portion of said lands, and, if so, what portion are subject to entry under the land laws of the United States, and as to what portion, if any, could be made so subject to entry by the action of the Executive."

The matter having been referred to the Commissioner, I have the honor to inclose herewith a copy of his report thereon, with copies of the inclosures therein referred to, including a map showing the location, outline, &c., of the various reservations and tracts of country within the Indian Territory.

The Commissioner's report sets out detailed information as to the status of the lands in said Territory, other than those claimed and occupied by the five civilized tribes, the area of each reservation, &c.

The present status of the tract of land designated on the map and referred to in the papers as No. 25, which is involved in the question of disputed boundary between the Indian Territory and the State of Texas, is fully shown in the report of this Department to the President, dated January 8, 1884 (copy herewith inclosed), which has been made the subject of an Executive communication to the Congress, dated

the 13th instant.

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 case, no portion of the lands within the Indian Territory is subject to entry under the land laws of the United States, and no portion thereof can be made subject to such entry by the action of the Executive in the present status of said lands.

These lands were acquired by treaties with the various Indian nations or tribes in that Territory in 1866, to be held for Indian purposes and to some extent for the settlement of the former slaves of some of said nations on portions thereof.

Such are the purposes for which said lands are now being used or held according to the common understanding of the objects of treaties by which they were acquired, and from these arise the necessity for or obligation to keep said lands in their present condition of occupancy or otherwise.

I have the honor to be, very respectfully, your obedient servant,
H. M. TELLER,

To the PRESIDENT OF THE SENATE

Secretary.

Pro tempore.

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, January 31, 1884.

SIR: The resolution of the Senate of the 23d instant, received by Department reference for report, directed the Secretary of the Interior

"To advise the Senate of the present status of lands in the Indian Territory other

than those claimed and occupied by the five civilized tribes, the extent of each tract separately, the necessity for or obligation to keep said lands in their present condition of occupancy or otherwise, and as to whether any portion of said lands, and, if so, what portion are subject to entry under the land laws of the United States, and as to what portion, if any, could be made so subject to entry by the action of the Executive"—

Is herewith returned, and in answer thereto I respectfully invite attention to the following statement of facts:

The several tracts of country in the Indian Territory are indicated on the inclosed map in colors, and are numbered for convenient reference from 1 to 32, inclusive; the first five numbers indicate the tracts of country occupied by the five civilized tribes, respectively.

CHEROKEES No. 1.

By the sixteenth article of the treaty with the Cherokees, of July 19, 1866 (14 Stat., 804), it is provided that

"The United States may settle friendly Indians in any part of the Cherokee country west of the 96°, to be taken in a compact form, in quantity not exceeding 160 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 land thus disposed of to be paid for to the Cherokee Nation at such price as may be agreed upon 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.

"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."

The tract of country referred to in the aforesaid article is indicated on the inclosed map as Nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, except that portion of No. 11 lying south of the south line of the Cherokee country-which line is dotted on the map-and north of the Cimarron River (which tract is hereinafter referred to), and embraces an area of 8,144,772.35 acres.

CHEYENNE AND ARAPAHOES.

By the second article of the treaty with the Cheyennes and Arapahoes, proclaimed August 19, 1868 (15 Stat., 593), a tract of country west of the 96°, bounded by the Arkansas River on the east, the thirty-seventh parallel of north latitude-being the southern boundary line of the State of Kansas-on the north, and the Cimarron or Red Fork of the Arkansas River on the west and south, was set apart for the undisturbed use and occupation of said Indians, and for such other friendly tribes or individual Indians as from time to time they might be willing, with the consent of the United States, to admit among them. The tracts of land covered by the provisions of said treaty contain an area of about 5,064,896.40 acres, and are indicated on the map by numbers 8, 9, 10, 11, 12 (except that portion of T. 20 N., R. 9 and 10 E., which lies on the right bank of the Cimarron River, and north of the Cherokee line), 13 and 15, the latter of which will be referred to hereinafter, and also that portion of the Creek country (No. 2) lying on the left bank of the Cimarron River.

The Cheyennes and Arapahoes having represented that they did not understand the location of their reservation as defined by the treaty of 1868, and that they had never been upon said reservation and did not desire to go there, but that they desired to locate on the North Fork of the Canadian River, some 60 miles below Camp Supply, the reservation upon which they are now located, lying south of the Cherokee country (Nos. 22 and 23 on the map), was set apart for them by Executive order dated August 10, 1869.

Agreements were entered into with the Cheyennes and Arapahoes, under the act of May 29, 1872 (17 Stat., 190), for the extinguishment of their claim to so much of the land ceded to them by the treaty of 1868 as fell within the country mentioned in the sixteenth article of the Cherokee treaty of 1866. These agreements were submitted to Congress by the Department on December 16, 1872, upon which no final action. appears to have been taken. (See H. Ex. Doc. No. 43, Forty-second Congress, third session; also S. Ex. Doc. 69, Forty-fifth Congress, second session.) None of these agreements were ever put into practical execution, and the Indians still remain on the reservation created by the Executive order aforesaid.

This Department holds that, under the treaty of 1868, with the Cheyennes and Arapahoes, such an appropriation of Cherokee lands has not been made as was contemplated by the sixteenth article of the Cherokee treaty of 1866. (See H. Ex. Doc. No. 89, Forty-seventh Congress, first session, page 36.)

The following dispositions of land have been made under the provisions of the aforesaid sixteenth article, viz:

Tracks numbered 6 and 7 on the map, containing an area of 1,570,196.30 acres to the Osage and Kansas Indians. (See act June 5, 1872, 17 Stat., 228.) Tract numbered 8, containing 90,710.-9 acres, to the Nez Percés.

Tract numbered 9, containing 101,894.31 acres, to the Poncas. (See act March 3, 1881, 21 Stat., 422.)

Tract numbered 10, containing 129,113.20 acres, to the Otoes and Missourias. (See act of March 3, 1881, 21 Stat., 380.)

Tract numbered 11, containing 230,014.04 acres of Cherokee land. (See pages 3 and 9 of this report to the Pawnees. Act April 19, 1876, 19 Stat., 28.)

The aforesaid tracts (Nos. 6, 7, 8, 9, 10, and part of 11) have been conveyed by the Cherokees to the United States, in trust for the bands or nations severally occupying the same, under the provisions of an item in the sundry civil act of March 3, 1883. (22 Stat., 624.)

There are 6,022,754.11 acres of unassigned and unoccupied Cherokee lands west of the 969, covered by Nos. 12, 13, and 14.

CREEKS NO. 2.

In the preamble to the treaty with the Creeks, of 1866 (14 Stat., 785), the object for which the United States desired a portion of the Creek country is declared to be for the settlement of other Indians thereon; and by the third article of that treaty it is provided that—

"In compliance with the desire of the United States to locate other Indians and freedmen thereon, the Creeks hereby cede and convey to the United States, to be sold to and used as homes for such other civilized Indians as the United States may choose to settle thereon, the west half of their entire domain, to be divided by a line running north and south estimated to contain 3,250,560 acres.

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This cession is indicated on the map as follows: That portion of No. 5 which lies west of the dotted line; that portion of No. 19 which lies east of the dotted line; all of Nos. 15, 16, 17, 18, and 20; that portion of No. 11 which lies south of the Cherokee line (dotted) and on the left bank of the Cimarron River and that portion of No. 22 which lies between the Cimarron River and the north fork of the Canadian River, and the west line of No. 20 and the south line of the Cherokee country or of No. 14. That portion of No. 5 (175,000 acres) which lies east of the dotted line was purchased from the Creeks by the Seminoles. (See act of August 5, 1882, 22 Stat., 265.) That portion of No. 5 which lies west of the dotted line was ceded to the Seminoles by the treaty of 1866, hereinafter referred to.

No. 17 on the map, containing 479,667 acres, was set apart for the Sac and Fox Indians under the sixth article of the treaty of 1867 with said Indians. (15 Stat., 496.) That portion of No. 11 which lies within the Creek cession, containing 53,005.96 acres, was given to the Pawnees under the provisions of the act of 1876, herein before referred to.

Tracts numbered 16, containing 228,152 acres, and 18, containing 206,466 acres, were assigned respectively to the Iowas and such other Indians as the Secretary of the Interior may see fit to locate thereon, and to the Kickapoo Indians by Executive orders, dated, respectively, August 15, 1883.

That portion of tract numbered 19 which lies east of the dotted line and within the Creek cession was assigned to the Pottawatomies and absentee Shawnees under the act of May 23, 1872. (17 Stat., 159.) The other portion of No. 19 will be hereinafter referred to, the whole of which contains an area of 575,877 acres.

Nos. 15 and 20 are unassigned. They contain, respectively, 677,155.76 and 715,551.34

acres.

That portion of No. 22 which lies within the Creek cession, as hereinbefore indieated, was assigned to the Cheyennes and Arapahoes by Executive order of August 10, 1869.

SEMINOLES No. 5.

By the third article of the treaty with the Seminoles of March 21, 1866 (14 Stat. 756), it is provided that—

"In compliance with the desire of the United States to locate other Indians and freedmen thereon, the Seminoles cede and convey to the United States their entire domain, being the tract of land ceded to the Seminole Indians by the Creek Nation, under the provisions of article first, treaty of the United States with the Creeks and Seminoles, made and concluded at Washington, D. C., August 7, 1856." (11 Stat., 699.) The estimated area of the cession as made in said article is 2,169,080 acres. This cession is represented on the map as that part of No. 19 which lies west of the dotted line, all of No. 21, and that portion of No. 22 which lies west of No. 21, and between

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