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 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. [L. S.] By the President: RUTHERFORD B. HAYES. WM. M. EVARTS, DEPARTMENT OF THE INTERIOR, SIR: I have the honor to acknowledge the receipt, by executive reference, on the 8th instant, of a resolution of the Senate of the United States, adopted May 7, 1879, as follows, namely: "Resolved, That the President be requested, if not incompatible with public interests, to communicate to the Senate what information he has in reference to an alleged occupation of a portion of the Indian Territory by white settlers, and what action has been taken to prevent the same." In response to the reference, I have the honor to submit herewith copies of the correspondence and papers on file and of record in this Department and the Office of Indian Affairs touching the subject of the resolution; also a copy of the letter of the Commissioner of Indian Affairs, dated 10th instant, to whom the subject was referred, in whose communication the papers inclosed are noted. The pursuant action, in the disposal of the military forces in compliance with the request of this Department and under the proclamation of the Executive, may be had from the records of the War Department. I have the honor to be, sir, very respectfully, your obedient servant, The PRESIDENT, C. SCHURZ, Secretary. Executive Mansion. DEPARTMENT OF THE INTERIOR, SIR: I have the honor to acknowledge the receipt, by Department reference, for report thereon, of Senate resolution dated the 7th instant (herewith returned), requesting the President to communicate to the Senate what information he has in reference to an alleged occupation of a portion of the Indian Territory by white settlers, and what action has been taken to prevent the same. In reply I have the honor to state that on the 19th ultimo the Cherokee and Creek delegates addressed a communication to this office, containing certain papers (copies of letters and inclosures herewith), and calling attention to the attempts of citizens of the United States to take possession of certain lands in the Indian Territory. Inclosed in the aforesaid communication is a copy of a letter upon this subject, addressed to E. C. Boudinot, esq., of this city, by Augustus Albert, esq., of Baltimore, dated the 25th of March last, and of Mr. Boudinot's reply thereto, dated 31st of the same month. The above-mentioned papers were forwarded to the Department with office report of the 19th ultimo (copy herewith), in which a statement is made of the various treaties and laws under which these lands were set apart for Indian purposes, and requesting that public notice be given informing all persons that the lands named are not subject to entry, and that stringent measures will be adopted to suppress any attempt to locate in the Indian Territory, and that the provisions of the intercourse laws will be enforced against any person other than an Indian found living there. On April 21, 1879, the Cherokee and Creek delegates addressed another communica tion to this office (copy herewith), presenting further information upon the subject of this invasion, which communication was referred to the Department for consideration, in connection with office report of April 19. On April 22, 1879, M. P. Roberts, esq., addressessed a communication to this office (copy herewith), upon this same subject, which was forwarded to the Department with office letter of April 25, for consideration, with office report of April 19. By Department letter of the 25th ultimo (copy herewith), the honorable Secretary of the Interior decided that no authorized settlement could be made by any person in the Indian Territory except under the provisions of the intercourse laws, and instructed this office to direct the agents and officers of the Indian service to use their utmost vigilance in the removal of all such unauthorized persons as may attempt to appropriate by settlement any of the lands aforesaid. On the 26th of April, the President issued a proclamation (copy herewith) admonishing and warning all persons intending or proposing to remove upon lands in the Indian 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 notifying any and all such persons who may so offend that they will speedily and immediately be removed therefrom by the agent, according to the laws made and provided, and, if necessary, the aid and assistance of the military forces will be invoked to carry into execution the laws of the United States. On April 30, this office addressed communications to the several agents in the Indian Territory (copy herewith), inclosing a copy of Department decision of the 25th and of the President's proclamation of the 26th ultimo, instructing them to notify all persons attempting to reside in the Indian Territory contrary to law to remove therefrom, and authorizing them to use all the force at their command, police or otherwise, to effect the removal of all such intruders, and in case they are unable to remove such persons, to make report of any and all such cases to this office, in order that the proper authorities may direct the military forces of the United States to remove such intruders. By letter of the 30th ultimo (copy herewith), the honorable Secretary of War informed the Department that there were troops at various points available for the purpose of removing these trespassers, and requested to be referred to the laws and statutes of the United States which declare the Indian Territory, under its present boundaries, to be "Indian country," so as to subject it to the intercourse laws and make it lawful to expel intruders therefrom by military force, if necessary, under section 2147 of the Revised Statutes. By letter of the 1st instant (copy herewith), the honorable Secretary of the Interior replied to the above communication from the honorable Secretary of War, giving a full history of the various treaties and acts of Congress relative to the inquiry. On the 7th instant this office addressed a communication to the Department (copy herewith) in relation to this subject, calling attention to various facts in connection therewith, and, with letter of the same day (copy herewith), the honorable Secretary of the Interior submitted the aforesaid communication to the President, with the request that military instructions may be issued under authority of the Executive as the Commanderin-Chief of the Army of the United States. I inclose herewith a copy of a letter from United States Indian Inspector John McNeil, dated Coffeyville, Kans., the 4th inst., in relation to this subject, from which it appears that the emigration into the Indian Territory has not assumed such large proportions as indicated in the various newspapers throughout the country, and in which he states that by prompt and speedy action on the part of the military authorities a stop can be put thereto. I inclose herewith copies of the following telegrams and letters, viz: Letter from Agent Woodard, Sac and Fox Agency, dated 30th ultimo, and office telegram in answer thereto, dated the 9th instant. Office telegram to Inspector Mc'Neil, dated 3d instant. Telegram from Special Agent Haworth, dated 8th instant. Numerous communications are being received daily from persons making inquiry in reference to this subject, in answer to which a copy of Department decision of the 25th and the President's proclamation are inclosed to the correspondents, with the information that the tenor of the same will be strictly enforced, if necessary, by the military authorities. I inclose a copy of a map of the Indian Territory, which Mr. E. C. Boudinot, clerk of the House Committee on Private Land Claims, has had prepared for distribution, with printed copies thereon of the correspondence between himself and Augustus Albert, esq., of Baltimore. I inclose copy of this report. Very respectfully, your obedient servant, The Hon. SECRETARY OF THE INTERIOR. E. A. HAYT, VINITA, April 19, 1879. DEAR BILL: I am here just back from Fort Smith. I went there for the purpose of getting the service of a deputy marshal to assist me out West in my tax business. My reason for wanting one is this: The presence of a deputy will enforce without trouble the collection of the tax. I anticipated no trouble when I was at Washington, but now there is likelihood of some trouble on account of McFarland and others interfering and telling these people to resist and nothing will be done. There is a circular going the rounds here and signed by C. C. Carpenter, the object of which is to take forcible possession of the country west, beginning here and at Coffeyville, Kans. I send Missouri Republican with telegram from V.nita. It explains. Don't you think you had better bring the matter before Schurz? In the face of this proposed invasion I will hardly be able to do anything West. If you will get some sort of authority to act as marshal under the act of Congress 1834 (intercourse), that is, some person to act under my direction, all will be right. I believe if the matter was properly represented to the President he would feel bound to take cognizance of the matter. The fact is, the railroad crowd are going out there to get up a row, or rather Indian war. Their followers say it. They, with Carpenter, propose to do here what was done in the Black Hills. Colonel Bell heads the expedition from this place, and they are booked to start on the 21st instant. Now don't neglect this. The United States marshal at Fort Smith would not allow one of his deputies to go in the West Arkansas country. He says the act of 1834 (intercourse law) is so old that he could not think of enforcing it now. Write as soon as you can learn anything about the matter as to what the Department or President is likely to do. I will start my deputies next Monday. I will write other news in a day or two. L. B. BELL. WASHINGTON, D. C., April 21, 1879. SIR: In addition to the papers we had the honor of submitting to you on last Saturday, praying for your interposition to prevent marauding aggressors under the auspices of certain railroad corporations and "land-grabbers" from taking forcible possession of certain Indian lands in the Indian Territory, we beg leave to submit the accompanying Saint Louis paper, with a letter from Hon. L. B. Bell, of Vinita, of Indian Territory, as further evidence of the danger threatening our country from the said offenders, &c. Believing that you will readily appreciate the necessity of early action, we have the honor to be, very respectfully, your obedient servants, G. W. STIDHAM, Creek Delegation. W. P. ADAIR, Hon. E. A. HAYT, Cherokee Delegation. Commissioner of Indian Affairs. DEPARTMENT OF THE INTERIOR, SIR: I have the honor to present herewith a letter, with inclosures, from the delegates of the Cherokee and Creek Nations of Indians in the Indian Territory, calling attention to what appears to be an organized attempt by citizens of the United States to enter and take possession, in violation of law, of the major portion of the Indian Territory west of the lands now occupied by the five so-called civilized tribes. and The lands in question were ceded to the Cherokee, Creek, Seminole, Chickasaw, Choctaw Nations of Indians prior to 1836, under solemn treaty obligations that they should be protected against the encroachments of the whites. The grants to them were in fee-simple, saving only that their lands were not to be conveyed except to the United States. By the treaties of 1866 with these tribes, they ceded the lands under consideration in trust to the Government for the purpose of settling other Indians thereon, the tribes to be reimbursed from the proceeds of the sales of the lands as fast as such settlements were made. Under these provisions the Osages, Poncas, Pawnees, and Nez Percés have been settled within the Territory, but a large area remains undisposed of, in which the United States has only a trust interest, and over a large portion of which, by the treaty of 1866, the Indians still have jurisdiction. S. Ex. 50——4 While the language of the Cherokee treaty of July 19, 1866, varies somewhat in form from that of the treaties with the other tribes, the purpose to be accomplished is the same in all. A certain rate per acre was to be paid for the lands ceded by each nation as fast as they were sold. Payment in full has not been made in accordance with the treaties. The lands have not all been settled by other Indians, and hence the trust has not been discharged. Judging from the communications herewith, and the numerous letters recently received in this office, stating that it is reported that the lands in the Indian Territory are open to settlement, and asking if such is the fact, it is my opinion that the unlawful scheme presented by Mr. Boudinot in the accompanying circular has obtained wide circulation. As serious complications are likely to arise if attempts are made to carry the same into effect, with a view to the maintenance of the faith of the Government, as witnessed by the various treaties with the tribes named herein, I have the honor to request that such public notice as you may consider necessary be given, informing all persons that the lands named are not subject to entry, and that stringent measures will be adopted to suppress any attempt to locate in the Indian Territory, and that the provisions of the intercourse laws will be enforced against any person, other than an Indian, found living there. I respectfully request that the accompanying papers be returned to this office. The Hon. SECRETARY OF THE INTERIOR. E. A. HAYT, DEPARTMENT OF THE INTERIOR, SIR: Referring to office report of the 19th instant in relation to what appears to be an organized attempt by citizens of the United States to enter and take possession, in violation of law, certain lands in the Indian Territory, I have the honor to submit, for consideration with the same, a letter from M. P. Roberts, esq., dated the 22d instant, in relation to the same subject. I respectfully request the return of the aforesaid communication to this office. The Hon. SECRETARY OF THE INTERIOR. E. J. BROOKS, Aeting Commissioner. OFFICE OF THE INDIAN JOURNAL, M. P. ROBERTS, PUBLISHER AND PROPRIETOR, SIR: I am reliably informed, from a trustworthy source, that a colony of 1,200 persons are being formed at different points in Kansas, notably at Kansas City and Coffeyville, to invade the Indian Territory. They are to meet at the latter place May 5, fully armed for all emergencies, thence to proceed to the unoccupied lands west of the Creek, Pottawatomie, and Chickasaw Reservation, for the purpose of taking possession of those lands, upon which they intend to settle colonies from the States other than Indian. They claim to be acting under an opinion of the honorable Secretary Schurz, to the effect that there are from two to two and a half millions of acres there subject to preemption and settlement by the citizens of the United States other than friendly Indians and freedmen, and they go in to occupy and hold, the object and purpose being to gain a foot-hold and bring pressure to bear on the opening of the Territory. They claim that the United States is powerless to keep them out or to force them out after they once locate there; to try the Black Hills way, expecting the same results. You will please inform me if these parties are acting with the knowledge and approval of the Department of the Interior, and how far their statement as to land subject to preemption is true. Is there any lands within the Indian Territory subject to entry; and, if so, where and by what process? This matter has been discussed by leading Cherokees, Creeks, Choctaws, and Chicka saws in a manner that would indicate serious complications and trouble in the event of the attempt to colonize United States citizens being carried out. That you may know what weight to give my statement made above, I beg to refer you to the Creek or Cherokee delegates now in Washington. Very respectfully, your obedient servant, Hon. A. S. HAYT, Commissioner of Indian Affairs, Washington, D. C. M. P. ROBERTS, Editor Indian Journal. P. S.—I should be pleased to receive a copy of the report of the Patterson committee and such other documents from the Indian Bureau as may be of general interest, and also the latest map of the Indian Territory. BALTIMORE, March 25, 1879, No. 4, North Howard St. DEAR SIR: In the Chicago Times of February 17, I noticed a communication of yours, in which you state there are several million acres of land in the Indian Territory which have been purchased by the General Government from the Indian tribes therein, and that they are now a part of the public lands of the United States. This article has been extensively copied and commented upon by the press East and West, causing great and growing interest on the part of thousands for fuller information, to meet which, will you please give answer to the following questions: 1. As to exact amount purchased. 2. From what tribes bought. 3. Its situation in the Territory. 4. As to the Government's title; if free from restriction; if not, its nature; or was the land so bought purchased with the intention of its use in settling other tribes to be brought into the Territory upon it. 5. State the nearest point reached by rail to such lands, or if they are on or near the surveyed line of the Atlantic and Pacific Road, or how far from its present terminus. 6. Where can accurate maps of the Territory, showing location and boundaries of said purchased lands, be obtained? An early answer, covering above questions and such other information as in your judgment would be of help and interest, is requested. To Col. E. C. BOUDINOT. A USTUS ALBERT. WASHINGTON, D. C., March 31, 1879. SIR: Your letter of the 25th inst., making inquiries concerning the lands belonging to the United States situated in the Indian Territory, is received. 1. In reply, I will say that the United States, by treaties made in 1866, purchased from Indian tribes in the Indian Territory about 14,000,000 acres of land. 2. These lands were bought from the Creeks, Seminoles, Choctaws, and Chickasaws. The Cherokees sold no lands by their treaty of 1866. The Creeks, by their treaty of 1866, sold to the United States 3,250,560 acres, for the sum of $975,168. The Seminoles, by their treaty of 1866, sold to the United States 2,169,080 acres, for the sum of $325,362. The Choctaws and Chickasaws, by their treaty of 1866, sold to the United States the "leased lands" lying west of 96° of west longitude for the sum of $300,000. The number of acres in this tract is not specified in the treaty, but it contains about 7,000,000 acres. (See 4th vol. Statutes at Large, pages 756, 769, and 786.) Of these ceded lands the United States has since appropriated for the use of the Sacs and Foxes 479,667 acres, and for the Pottawatomies 575,877 acres, making a total of 1,055,544 acres. These Indians occupy these lands by virtue of treaties and acts of Congress. By an unratified agreement the Wichita Indians are now occupying 743,610 acres of these ceded lands. I presume some action will be taken by the United States Government to permanently locate the Wichitas upon the lands they now occupy. The title, however, to these lands is still in the United States. By executive order, Kiowa, Comanche, Arapahoe, and other wild Indians have been brought upon a portion of the ceded lands, but such lands are a part of the public domain of the United States, and have all been surveyed and sectionized. A portion of these 14,000,000 acres of land, however, has not been appropriated by the United States for the use of other Indians, and in all probability never will be. 3. These unappropriated lands are situated immediately west of the 97° of west longitude and south of the Cherokee territory. They amount to several millions of acres, |