and are as valuable as any in the Territory. The soil is well adapted for the production of corn, wheat, and other cereals. It is unsurpassed for grazing, and is well watered and timbered.

4. The United States have an absolute and unembarrassed title to every acre of these 14,000,000 acres, unless it be to the 1,054,544 acres now occupied by the Sac and Fox and Pottawatomie Indians. The Indian title has been extinguished.

The articles of the treaties with the Creeks and Seminoles, by which they sold their lands, begin with the statement that the lands are ceded "in compliance with the desire of the United States to locate other Indians and freedmen thereon."

By the express terms of these treaties, the lands bought by the United States were not intended for the exclusive use of "other Indians," as has been so often asserted. They were bought as much for the negroes of the country as for Indians.

The Commissioner of the General Land Office, General Williamson, in his annual report for 1878, computes the area of the Indian Territory at 44,154,240 acres, of which, he says, 17,150,250 acres are unsurveyed. The balance of the lands, amounting to 27,003,990 acres, he announces, have been surveyed, and these lands he designates as "public lands."

The honorable commissioner has fallen into a natural error. He has included in his computation the lands of the Cherokees west of 96° west longitude, and the Chickasaw Nation, which, though surveyed, can in no sense be deemed "public lands." The only public lands in the Territory are those marked on this map, and amount, as before stated, to about 14,000,000 acres.

Whatever may have been the desire or intention of the United States Government in 1866 to locate Indians and negroes upon these lands, it is certain that no such desire or intention exists in 1879. The negro since that date has become a citizen of the United States, and Congress has recently enacted laws which practically forbid the removal of any more Indians into the Territory. Two years ago Mr. Mills, of Texas, caused a provision to be inserted in the Indian appropriation bill prohibiting the removal of the Sioux Indians into the Indian Territory, a project at that time contemplated by the Interior Department; and by a similar provision in the Indian appropriation bill of last winter, the removal of any Indians from Arizona or New Mexico into the Indian Territory is forbidden.

These laws practically leave several millions of acres of the richest lands on the continent free from Indian title or occupancy and an integral part of the public domain. 5. The town of Wichita, in the State of Kansas, at the junction of the Big and Little Arkansas rivers, the present terminus of a branch of the Atchison, Topeka and Santa Fé Railroad, and the town of Eldorado, the terminus of another branch, are the nearest railroad points to these lands. From Wichita to these lands is about 90 miles due south. (See map.) There are several other railroad points on the northern line of the Territory more remote than Wichita or Eldorado. These points are Coffeyville, the terminus of the Leavenworth, Lawrence and Galveston Railroad; Chetopah, on the Missouri, Kansas and Texas Railroad, which is built through the Territory to Texas; and Baxter Springs, the southern terminus of the Missouri River, Fort Scott and Gulf Railroad. A glance at the map will show the location of these places. The Atlantic and Pacific, now called the Saint Louis and San Francisco Railroad, is finished to Vinita in the Cherokee Nation, where it crosses the Missouri, Kansas and Texas Railroad. The surveyed line of this railroad runs through these ceded lands.

6. To save the time which would be required to answer the many letters I am constantly receiving upon this subject, I have had made a plain but accurate map, which I inclose with this letter.

I shall be glad to furnish maps and such further information as may be requested. Very respectfully, yours, &c.,

Hon. AUGUSTUS ALBERT,

No. 4 North Howard St., Baltimore, Md.

E. C. BOUDINOT.

COPY OF SLIP FROM SEDALIA DAILY DEMOCRAT.

The B. I. T.-Judge T. C. Sears, direct from Washington, interviewed. He says the Indian Territory will be opened up to white settlers at an early day. The Committee on Territories are in favor of prompt action. If Congress don't open it the people will. Fourteen million acres of public land open to settlement. A new bill in progress of preparation.

A Democrat reporter, hearing that Judge T. C. Sears, attorney-general of the M., K. & T., arrived by the evening train yesterday direct from Washington, gave him time to take a bath and change his linen before subjecting him to an interview upon the subject of his visit to Washington-the opening up of the Indian Territory to white settlement.

The judge was found snugly ensconced in his cosy parlor at Sicher's, and, it could be seen at a glance, was in a communicative mood. The reporter made known his mission-that of learning something with regard to the status of affairs relating to the Indian Territory-and agreed to do but little cross-questioning, which assurance was received with a self-satisfied smile, and without further preliminaries the interview was under full sail.

Judge SEARS. My principal business in Washington was to look after the organization of new committees, particularly the Committees on Indian Affairs and Territories both in the House and Senate. The Senate committees, as you are aware, are appointed by the Senate itself, and not by the presiding officer of the body. Both of the political parties appointed a subcommittee to arrange for the recommendation of persons from each of the representative parties upon the different standing committees. These recommendations were reported to the Senate and adopted, and the persons suggested were appointed.

REPORTER. The committees have been published, but there are many like myself who have forgotten who compose them.

JUDGE. The Committee on Territories of the Senate consists of Garland of Arkansas, Butler of South Carolina, Vest of Missouri, Slater of Oregon, Saunders of Nebraska, Kellogg of Louisiana, and Logan of Illinois.

REPORTER. What seems to be the sentiment of the committeemen upon the subject of opening up the Territory?

JUDGE. Every member of the committee are in favor of some immediate legislation looking to the opening of the Indian Territory for white settlement. The committee is an exceedingly able one, consisting, as will be seen, of some of the ablest men in the Senate. Garland, Kellogg, and Saunders were on the committee which reported the bill of last winter. These gentlemen are all considerably interested in the subject, and have already commenced an investigation of the matter.

REPORTER. How about the House committee?

JUDGE. The House committee, which was announced on Friday last, consists of Mul-drow, of Mississippi, chairman; Cravens, of Arkansas; Bouck, Wisconsin; Muller, New York; Martin, West Virginia; Frost, Missouri; Bachman, Pennsylvania; Humphrey, Wisconsin; Aldrich, Illinois; Young, Ohio; Dick, Pennsylvania; and McGinnis, of Mon

tana.

REPORTER. Are you aware of the sentiments of the House committee?

JUDGE. The positions of these gentlemen are not as fully known, owing to their recent appointment, as the Senate committee; but it is known that eight out of the eleven have expressed themselves decidedly in favor of such legislation as shall bring the Indian Territory out of its present anomalous condition into one of harmony with the other Territories of the United States. The question is continually growing of more interest and importance at Washington, and there is no doubt that Congress will take such action at no remote day as shall result in the opening of the Territory to settlement and development. Colonel Boudinot and myself received within the past few weeks scores of letters from all sections of the country making inquiries as to the status of the lands of the Indian Territory and the prospect of opening them for occupation. Investigation has developed the fact that there are over 14,000,000 acres of public lands that are embraced in no reservation and as free and unincumbered for occupation and settlement as lands in Kansas, Nebraska, or any other Territory.

REPORTER. In what locality do these lands lie?

JUDGE. These lands lie west of the five civilized tribes, so called, and their northern handary is about ninety miles south of the Kansas line. These lands are among the richest in the world. Public attention is being called to them, and my opinion is that if Congress should fail to make suitable provision for the opening of the Territory to white settlement within a very short time the people will take the matter into their own Lands and go down there and occupy and cultivate those lands.

REPORTER. Has any bill been introduced this session? If so, what is the purport of it?

JUDGE. No bill has yet been introduced at this session. I have one nearly prepared, but owing to the anomalous position of the five tribes and the desire to make a provision for them that would be suitable and equitable, considerable elaboration and detail are ecessary in addition to the ordinary legislation providing for the organization of the Territories. No attempt will be made to precipitate matters, but to give the whole subjet candid and thorough discussion.

REPORTER. What are the probabilities of anything being done at this session? JUDGE. If Congress shall proceed to general legislation at this extra session, the bill will be introduced, referred to the committee, and probably reported on by one or both of them.

This being about all of interest that the judge cared to tell of the subject-matter, the reporter bade him good evening.

COPY OF DISPATCH IN MISSOURI REPUBLICAN.

Indian Territory. An expected influx of many thousands of white settlers. ing on the subject of immigration.

Bitter local feel

[Special to the Republican.]

VINITA, IND. T., April 11.

The Cherokees are jubilant over the news that 15,000 or 25,000 people will emigrate to this country soon.

A colony is now being organized at Kansas City under the superintendence of Col. C. C. Carpenter, of Black Hills notoriety, and will rendezvous, organize, and draft by-laws at Coffeyville on May 5. A similar organization will take place at this point. Captain Seayrs, of this place, started out this morning to lay out a trail to the promised land west of the 96th parallel. The lands, we are informed by Captain Seayrs, far excel those of any other portion of the Territory. Poor Lo will no doubt have to submit to the inevitable. This will close the only outlet and afford great protection to settlers along the borders of Kansas and New Mexico. To show that the kindest of feelings do not exist between the two political factions here, it is only necessary to copy a few extracts published by some knight of the assassin's knife. The following was found posted up against the storehouse of J. M. Duncan a few nights since, and is a mild specimen of epithets hurled at the adversary of the non-progressionists, and evidently shows that they have been checkmated on some very important point:

"From reliable information it is reported that a certain clique of disappointed and disaffected political aspirants, who are too indolent to make an honest living, failing to extend any further their credits with merchants, failing to have their country territorialized, and failing to get authority from the Interior Department to collect taxes for the Cherokee Nation for cattle-grazing on the public domain, have at last concocted a scheme for robbing their nation and enriching themselves.

"Aaron Burr in his palmiest days schemed not like one of these. They, with the colored citizens of the United States, have petitioned Congress to set aside a portion of the Indian Territory for the exclusive settlement of negroes. The movement is headed by men of some notoriety, a once eminent politician, a distinguished educator, a skillful physician, and a talented editor of a large and influential newspaper, now defunct, assisted by half a score of lesser lights. If the movement proves a success, we look for great and wonderful changes. The problem of Indian civilization, a vexed question the United States has been trying to solve for the last half century, will be readily solved by them.

"The Indians will become civilized as if by magic under the benignant influence of their more civilized African brethren, under the leadership of so much ability and patriotism. The Cherokee Nation will be benefited in several ways by this exodus. Questions of citizenship will no longer vex our courts. Lying specials to Saint Louis and Washington will be a thing of the past. Incendiarism and threats of assassination will be no more. All good citizens bid the movement Godspeed."

Hon. E. A. HAYT,

Commissioner of Indian Affairs:

WASHINGTON, D. C.,
April 19, 1879.

SIR: We have the honor herewith of transmitting a circular signed by one E. C. Boudinot, a private citizen of the Cherokee Nation, and two newspapers, one containing an interview of Mr. Sears, of the Missouri, Kansas & Topeka Railroad Company, and the other having a dispatch from Vinita, Ind. T.; also a letter from a reliable citizen of Vinita, Ind. T., Dr. J. T. Cunningham, all of which show that there is an attempt being made in the interest of railroad corporations and squatters to take forcible possession of certain Indian lands in the Indian Territory, set apart by treaty stipulations for the homes only of Indians, and certain freedmen that formerly belonged to the Indians of the Indian Territory. We respectfully but firmly protest against this unlawful procedure, and insist that you at once take the necessary steps to prevent it, and to have our treaty stipulations with the Government carried out in good faith.

We would much regret any difficulty between our people and citizens of the United States; but if the schemes of the railroad parties are permitted to be carried out and our

country is flooded with the tide of emigration that those railroad corporations are seeking to force upon us, it will be perhaps beyond the power of the Government to prevent a serious collision.

We have the honor to be, very respectfully, your obedient servants,

W. P. ADAIR,
DAN'L H. ROSS,

SIR: I am in receipt of the papers accompanying your letter of the 19th instant, and farther reference of 21st instant, respecting an anticipated attempt by citizens of the United States and others to possess themselves, under guise of settlement, of a large portion of the Indian Territory, embracing the lands acquired by the treaties of 1866 with the various Indian nations or tribes in that Territory, and held for Indian purposes, according to the common understanding of the objects of said treaties.

Among these papers are communications from the Cherokee and Creek delegations, inclosing a printed copy of a letter from Augustus Albert, of Baltimore, Md., to E. C. Boudinot, a Cherokee Indian, now in this city, and of his reply thereto, dated 31st ultimo, stating in effect that these lands are a part of the public lands of the United States, and as such subject to settlement, excepting such portions as have been actually appropriated to the use of the Indian tribes located thereon.

Certain newspaper articles are also inclosed, conveying intimations of an organized movement during the coming month for the possession of these lands upon the theory that they are, in contemplation of law, free and open to settlement as public lands of the United States.

By the intercourse act of June 30, 1834, this tract of territory, with others, was declared Indian country, and for its government the basis was created of the present intercourse laws as embodied in the Revised Statutes, sections 2111 to 2157. Since that period, although the boundary of the Indian country has been varied under the operation of numerous laws, the whole Indian Territory has been regarded as Indian country, subject to no State or Territorial laws, and excepted from judicial process except under special enactments providing for a limited and restricted jurisdiction, for the purposes of which it has been, by section 533, Revised Statutes, attached to the western district of Arkansas.

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, authority 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.

You are instructed to furnish a copy of this communication to the respective Cherokee and Creek delegations, and 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, and make prompt report of any and all cases of such attempted trespass, for the information of this Department. Very respectfully,

C. SCHURZ, Secretary.

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 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 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 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 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 one hundred and third.

SIR: Information having reached this office respecting an anticipated attempt by citizens of the United States and others to possess themselves, under guise of settlement, of a large portion of the Indian Territory, embracing the lands acquired by the treaties of 1866, with the various Indian nations or tribes in that Territory, the subject was reported to the Department by this office on the 19th instant.

By decision of the honorable Secretary of the Interior, under date of the 25th instant (copy herewith), all such persons are declared to be intruders, and this office is directed to instruct 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 aforesaid lands.

I also inclose, herewith, a copy of a proclamation issued on the 26th instant by the President, warning all persons intending or preparing to remove upon said lands or into the Indian Territory without the 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 that all such persons who may so offend will be speedily and immediately removed therefrom by the agent, and, if necessary, the assistance of the military forces of the United States will be invoked to effect such removal.

You are therefore instructed to notify all persons attempting to reside in the Indian Territory contrary to law to remove therefrom, and you are authorized to use all the force at your command, police or otherwise, to effect the removal of all such intruders, and in case you are unable to remove such persons, you will make prompt report of any and all cases, giving names, &c., for the information of this office, in order that the proper authorities may direct the military forces of the United States to remove such intruders.

Very respectfully,
(Signed)

MAXWELL.

E. A. HAYT,

Commissioner.