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quiry of the Senate as to the action taken to expel persons seeking to settle thereon, I have the honor to report that, beginning in the year 1879, the military forces have been repeatedly employed to remove intruders from the lands in question, and that at the present time active military operations are in progress to remove a large band of intruders who have expressed their intention to resist such removal by force.

I inclose as a part of this report a statement prepared by the Adju tant-General, giving an abstract of the orders and instructions issued from this Department from time to time since the beginning of the organized intrusions of the lands in question and of the action taken in each case, which, it is trusted, will be found sufficiently full to give the information desired.

I inclose, also, copies of the proclamations of the President in relation to these intrusions.

. Very respectfully, your obedient servant,

To the PRESIDENT.

ROBERT T. LINCOLN,
Secretary of War.

Brief of papers showing action taken by the War Department in connection with invasion of the Indian Territory by D. 1. Payne and others since April, 1879.

April 26, 1879, the President issued a proclamation warning all evil-disposed persons who had prepared for an organized settlement upon lands known as "Indian Territory" west of the State of Arkansas that they would be speedily removed thence by the agent, according to law, and that, if necessary, the military forces of the United States would be called upon to carry the laws into proper execution.

May 1, 1879, the General of the Army directed the commanding general Division of the Missouri to instruct the commanding general Department of the Missouri to use all his available troops to execute the terms of the President's proclamation, using force only on requisition of, and, when practicable, under personal supervision of, officers of the Indian Bureau, or of the several agents for the Indian tribes, pursuant to sections 2147-2149 and 2150, Revised Statutes.

May 2, 1879, the General of the Army, in compliance with instructions from the Secretary of War of same date, informed the commanding general Division of the Missouri that the movement to settle the Indian Territory must be resisted by all the power of the Government, civil and military, and advised him to order to certain points, indicated by the Secretary of War, small detachments of troops to encamp near the southern border of Kansas to notify all emigrants who should pass into the Indian Territory that they would be acting in violation of law and would be ejected by force if they persisted. Mounted officers should also be posted at Coffeyville to caution emigrants that any attempt to enter and settle in the Territory would result in violent expulsion, &c. All orders were to be executed firmly, but with due consideration to the misguided emigrants, &c.

May 7, 1879, the General of the Army informed the commanding general Division of the Missouri that emigrants were going into the Indian country from Baxter Springs, and directed him to promptly put a stop to any such unlawful intrusion, and to forcibly eject every emigrant who had gone over the border.

Under these instructions the emigrants were met by the troops and turned back without difficulty.

It having become known that preparations were being made in the early part of 180 by certain parties to invade the Indian Territory, the President again issued a proclamation, under date of February, 1880, warning all persons against doing so, and notifying them that no efforts would be spared by the Government to prevent such invasion, and that if necessary the aid of the military forces of the Government would be invoked to carry out the laws.

February 25, 180, General Pope, commanding the Department of the Missouri, requested instructions as to action to be taken by the military under the President's proclamation, and as to what was to be done with intruders arrested, &c.

In reply to the foregoing, General Pope was furnished for his guidance a copy of the Secretary of War's letter to the General of the Army of March 10, 1880, with its inclosures, viz, letters from the Secretary of the Interior and Commissioner of Indian Affairs, giving specific replies to the questions asked by him, and which the Secretary

of War directed to be carried out. The replies of the Commissioner of Indian Affairs were to the effec' that the military authorities should be untrammeled and free to act as the necessities of the case seem to require. That the Indian Bureau has the exclusive authority to grant permission to white men to go into the Indian Territory. That where intruders are arrested they should at once be removed from the Territory, as provided by section 2147 Revised Statutes, and that if they return they are subject to a penaly of $1,000 under section 2148, and should be turned over to the United States marshal at Fort Smith, to be proceeded against according to law.

All property of such intruders, if of such a character as to warrant or allow, to be seized and turned over to the United States marshal, otherwise it should be destroyed. May 19, 1880, General Pope reported the capture of Capt. D. L. Payne and band of thirteen intruders into the Indian Territory, and asked what should be done with them.

June 3 he was informed of the decision of the Secretary of War that, under the law, the intruders should be taken outside of the Indian Territory and there discharged, with warning not to return.

July 16, 1880, General Pope reported capture of D. L. Payne and party of 22 men, and asked if he should turn this gang over to the United States marshal at Fort Smith for trial, &c.

Thereupon, July 31, General Pope was furnished a copy of Interior Department letter of July 28, requesting that those of the parties arrested who had been previously removed from the Indian Territory be turned over to the civil authorities under section 2148 Revised Statutes. Under these instructions the Lieutenant-General reported August 7 that Payne and party left Caldwell, Kans, on that day for Fort Smith, and that those men captured with Payne who did not belong to his first party of invasion had been released.

December 8, 1880, General Pope reported that a purpose existed to invade the Indian Territory, and that many had already been arrested, and requested definite instructions, in case of resistance by the parties, to what extent violent measures might be used; if shooting is the order of the Department.

December 11 General Sheridan reported that Payne and his two hundred followers had moved west of Caldwell and made no attempt to cross into the Indian Territory, and that the invasion of that Territory might be considered at an end.*

May 18, 1882, a copy of Interior Department letter of May 16, stating that Agent Miles reports Payne with a large party on the march to Oklahoma, was sent to General Sheridan to order the arrest of any trespassers and to report action.

May 23, 1882, General Pope reported capture of Payne and twenty-nine followers, trying to get into Oklahoma.

In referring this to the Secretary of War, the General of the Army recommended that Payne be held a prisoner in the guard-house at Fort Sill, and made to work like other prisoners.

On May 27, General Sheridan reported that Payne and party were about to reach the Kansas line, and that he had instructed General Pope to hold Payne a prisoner, subject to instructions from Washington, and set all others free, but General Pope had released Payne before receipt of the telegram instructing otherwise.

General Pope, in letter of July 15, 1882, stated that Payne and his followers would no doubt again attempt to occupy the Oklahoma District, and being arrested and released without consequences to himself, would continue to repeat this, and that these transactions appeared in the nature of a farce, the Government being powerless to punish the offenders, &c. Also that Payne had brought suit against him for $25,000 damages for his action as Department commander. In forwarding this communication General Sheridan said he hoped some so efficient remedy might be adopted to terminate the matter.

The General of the Army, in submitting this communication to the Secretary of War, advised that the President order Payne and his followers to be excluded by military force, and thus end the farce.

August 28, General Sheridan reports capture of Payne, with six followers; and that they were disarmed and en route to Fort Reno as prisoners.

The General of the Army again recommended their imprisonment in the guard-house, to be held until some lawful way of punishing them could be discovered, but the Secretary of War returned the communication indorsed, that the annoyance was fully understood, but it would not be prudent to punish them by imprisonment when the law had failed to provide such punishment.

At the request of the Interior Department, General Pope was instructed to send the prisoners to the United States marshal at Fort Smith without delay.

September 30, 1882, the commanding officer at Fort Reno reported that the prisoners had been turned over to the United States marshal as directed, who discharged them *As to action by the military during 1881, see extract of the annual report of the commanding general, Department of the Missouri, for that year, appended hereto.

and summoned them to appear at the next term of court. Also states that Payne's followers boasted that as soon as released they would again invade the Territory. In submitting this to the Secretary of War, the General of the Army said it was now for the President to determine whether the treaties are to be defied by a bold adventurer like Payne, and asked instructions for the protection of the military authorities who have been compelled to incur serious liabilities in the enactment of the varied farce.

During the year of 18-3, Payne and his parties were persistent in their efforts to enter and occupy the Oklahoma District, but were readily and promptly ejected by the troops.

May 15, 1884, a preliminary report of information obtained at post of Fort Reno concerning the intrusion of “boomers” into Indian Territory was forwarded from the Department of the Missouri with suggestions as to best means of suppressing the same, &c.

Early in June, 1884, the Secretary of War was advised by the Secretary of the Interior of the existence of wire fences in that part of the Indian Territory called Oklahoma, and in consequence thereof the Secretary directed that orders be given to the commanding general of the Department of the Missouri to take immediate steps to remove all such wire fences. This order was promptly communicated through military channels to Colonel Hatch, commanding the military district of Oklahoma, and under date of August 22, 1884, Colonel Hatch reported that the thirty days' notice served upon parties who had erected fences in Oklahoma to remove them having expired, and some not having obeyed the order, those fences not already removed would be reinoved at once; and in the absence of any further report it is supposed that all fences have been removed.

In his official report Colonel Hatch made the following statement:

"Payne and the men with him who are engaged in locating claims will continue to agitate the opening of this Territory in the same manner as before; not that they really desire to have the country settled, but that they may obtain money from the ignorant people deluded into the purchase of claims and town lots, and from the fees paid on joining what they term the Oklahoma Colony.' The payments for surveys, clains, town lots, and initiation fees must in the aggregate have already amounted to the neighborhood of $100,000, all of which has been divided among the leaders. Should the country be open to settlers there would be an end to their profits; hence, in my opinion, Payne and his immediate associates do not want it declared open." June 11, 1884, the commanding general, Department of the Missouri, was, by direction of the Secretary of War, instructed to take immediate steps, in accordance with section 2147, Revised Statutes, to remove any intruders from the district of Oklahoma, and to require them to leave the limits of the Indian Territory, &c.

In the mean time various reports were received showing that the number of intruders was steadily increasing, &c.

July 30, 1884, the War Department informed the President of the condition of affairs in the Indian Territory in connection with intruders. Whereupon the President, August 2, 1884, directed the Secretary of War to employ the military forces to remove the intruders.

August 4, 1884, the commanding general, Division of the Missouri, was directed to act accordingly.

July 31, 1884, the President's proclamation of July 1, 1884, was published to the Army in General Orders, warning all persons against any attempts to remove to or settle upon lands known as the Oklahoma lands in the Indian Territory, and notifying all such persons who so offend that they will be speedily and forcibly removed therefrom.

August 5, 1884, the assistant adjutant-general, Division of the Missouri, reports that necessary instructions for removal of intruders have been given.

Same date, the Interior Department requested that telegraphic instructions be given to Colonel Hatch, commanding District of Oklahoma, to move against Payne and the intruders into Indian Territory.

July 31, 1884, the commanding general, Department of the Missouri, inclosed copies of reports relative to removal of intruders, and stated that "troops are now ready to enforce orders," and requested instructions as to where prisoners should be sent, and whether cattle-men should be permitted to remain in the Indian country.

August 5, 1884, Lieut. W. L. Finley, Ninth Cavalry, acting assistant adjutant-general, District of Oklahoma, forwards copy of instructions to Capt. F. T. Bennett, Ninth Cavalry, relative to removal of intruders from the Indian Territory.

August 21, 1884, the commanding general Division of the Missouri forwards report of commanding general Department of the Missouri indorsing papers in connection with removal of intruders from the Indian Territory, who states that it is probable that the District of Oklahoma can be discontinued in September, except perhaps a troop of cavalry.

August 26, 1884, a report of Capt. P. Cusack, Ninth Cavalry, was forwarded from

Division of the Missouri reporting assistance rendered by his command to representative of the Indian agent in arresting intruders found in Cherokee country.

Under date of August 27, 1884, the Missouri Division forwards a copy of report of Capt. Francis Moore, Ninth Cavalry, of his action in assisting the representative of the Indian agent to remove intruders from Rock Falls, known as the headquarters of Payne's Oklahoma colony.

Angust 27, 1884, commanding general Division of the Missouri forwards letter from commanding officer District of Oklahoma, reporting that the 15th of September would probably complete the removal of all intruders. General Schofield at the same time requested instructions as to treatment of unauthorized persons who may enter the Indian Territory.

August 27, 1884, the Interior Department, in acknowledging receipt of War Department letter conveying above information, states that in surrendering the parties for trial the military can only be governed by act of January 6, 1×83, and jurisdiction of court will depend in what part of Territory the arrest was made.

August 29, 1884, the Department of Justice, in reply to War Department letter of same date, relative to intruders arrested upon Indian Territo y suing out writs of habeas corpus at Fort Smith, states that if State authority issue a writ for one in custody it is the duty of the custodian to make due return, but in any event to continue to execute the authority under which he holds the prisoner, even to the extent of not taking or suffering him to be taken before the State authority, &c.

August 30, 1884, the Department of Justice, in reply to War Department letter respecting habeas corpus writs for trespassers upon Indian lands, states that either the United States courts in Kansas or Arkansas are competent to give the law as to their jurisdiction until question shall have been carried to Supreme Court.

September 3, 1884, the commanding general Division of the Missouri forwards copy of letter from commanding general District of Oklahoma, who reports troops under Captain Carroll, Ninth Cavalry, engaged in removing fences inclosing pastures in Oklahoma proper, where orders to remove were not complied with, &c.

Under date of September 17, 1884, the commanding general Division of the Missouri forwards report of Colonel Hatch, that nearly all intruders have been removed from the Cherokee strip, and that by September 15 he expects to have Oklahoma clear of all intruders and fences. Colonel Hatch also suggests places for camps in his district, required to prevent intrusion of unauthorized persons during the winter, &c.

On the 26th of September 1884, a letter was written to the commanding general Division of the Missouri approving establishment of camps, &c.

September 29, a letter was addressed to the Secretary of the Interior by the War Department for suggestions as to treatment of intruders and aid of Interior Department in preventing organized movements into the Indian Territory.

September 18, 1884, the commanding general Division of the Missouri telegraphs that Payne and other prisoners were turned over to United States marshal at Fort Smith, Ark., September 8.

September 17, 1884, General Auger telegraphed that Payne, with followers, would probably enter the Indian Territory again on the following day, and, in case of their arrest on the Cherokee strip, requesting instructions as to whom they should be turned over to. Whereupon, by direction of the Secretary of War, a map showing jurisdiction of the United States district courts was forwarded to commanding general Division of the Missouri, with instructions to turn over the intruders when arrested to the United States court of the district of which the locality where the ofense was committed is a part.

Under date of September 11, 1884, the governor of Kansas indorses to the President copy of petition received by him from Capt. D. L. Payne and seven others in custody of military authorities for attempting to settle upon Indian lands, and asks that these parties be turned over to the civil authorities at Wichita, Kans., for trial. The Secretary of War, in letter of September 20, replied: "I am officially informed that Payne and the other persons were on the 8th September (three days before the date of your letter) turned over by the military authorities to the United States marshal at Fort Smith, Ark., and have not since been in military custody"; also that he was advised of another coutemplated intrusion by Payne and his followers on the 13th, and that instructions had been requested as to the proper place of their delivery upon being again arrested, and that the Department will endeavor to prepare such instructions to the military authorities as will insure the turning over of the offenders to the proper court for punishment.

On the 9th October, 1884, the commanding general Division af the Missouri forwards a report of Colonel Hatch to the effect that the Payne party propose to re-enter Oklahoma about October 9th, and that he thought it best to retain Troop K, Ninth Cavalry, until he could send a troop to relieve it at Camp Russell, I. T.

Instructions were given by the commanding general Department of the Missouri to pick up party going to select town site, &e.

October 12, 1884, Colonel Hatch requested that an agent of the Indian Department be stationed near the camp of the troops at Caldwell, Kans., for the purpose of removal of intruders; and if this could not be done that some one be appointed to act in that capacity.

The commanding general Division of the Missouri forwards copy of a letter from Colonel Hatch reporting that on the 20th instant he came up with Lieut. H. H. Wright, Ninth Cavalry, who had under guard a party of intruders, 24 wagons in all, who are being escorted out of the Territory.

November 13 commanding general Division of the Missouri forwards letter from Colonel Hatch reporting discontinuance of district of Oklahoma, and disposition of stores and supplies, and that he is about to proceed to Fort Riley, Kans.

November 14, the Interior Department, in acknowledging receipt of letter relative to employment of an Indian agent to co-operate with troops in the Cherokee strip, says there are no funds available for such purposes.

December 27 the commanding general Division of the Missouri telegraphs that a large body of armed men have again intruded into the Indian Territory and refused to surrender to the detachment sent to intercept them, and that he has given instructions to the commanding general Department of the Missouri to send a sufficient force to expel them. Asks at the same time if any other action is desired by the War Depart

ment.

On the same day a telegram was sent to General Schofield acknowledging the receipt of his dispatch and informing him that the Secretary of War approves of his action.

December 30, 1884, a dispatch was received from commanding general Division of the Missouri, stating that General Angur desires the Indian Department to send an agent to designate intruders, and to take charge of property seized. Also asks whether leaders (hunters) shall be arrested and turned over to civil authorities; his present orders being limited to expelling intruders.

December 31, a copy of the report of Maj. Thomas Dewees, Ninth Cavalry, commanding Fort Reno, Ind. T., was received, giving number of arrests made and parties escorted out of the District of Oklahoma, by Troop I, Ninth Cavalry, October 18 and 20, and December 1, 2, 3, 4, and 7.

January 5, 1885, the commanding general Division of the Missouri, forwards a report of Colonel Hatch of affairs in Indian Territory in connection with movement of troops ordered there to eject the intruders, which places the number of intruders now there at four hundred, with very few women and children, who are mostly living in small excavations in sand hills on left bank of Cimarron River, near Cedar Creek. These people, Colonel Hatch says, are there generally upon advice of leaders or lawyers, who inform them that they have a lawful right to resist by arms any attempt on the part of the Government to remove them, &c.

January 7, a copy of the report of Lieut. M. W. Day, Ninth Cavalry, was received from headquarters Division of the Missouri, from which it appears that when he arrived at Stillwater with his detachment of troops (where a large party of the intruders are encamped), and attempted to arrest Mr. Couch, their leader, he was confronted by about 200 men armed with double-barreled shotguns and Winchester rifles. They refused to submit to an arrest without a resort to arms, though Lieutenant Day had about 30 men on a skirmish line. As the intruders were densely massed, Li-utenant Day hesitated to give the command to fire, as the slaughter would no doubt have been great.

Lieutenant Day further states that he has done all he can to make the arrest without resorting to arms, and requests to be informed if he is to treat this body of men as insurgents, and after calling upon them to give up their arms and submit to ariest to open fire upon them. If he is compelled to arrest them without firing on them, he will require re-enforcements.

January 13 the Lieutenant-General telegraphed to General Augur requesting him immediately to send all official information in his possession regarding the attitude of the invaders towards the troops in the Indian Territory, the exact number of troops sent to carry out the provisions of the President's proclamation, and other orders directing the removal of the intruders. Also requested General Augur to communicate with Colonel Hatch by telegraph requiring full particulars, and to send him, if necessary, additional troops to accomplish the purpose in view.

January 14, 1885, General Augur informed Lieutenant-General Sheridan by telegraph that Colonel Hatch has orders to remove the intruders from Indian Territory, without violence, if possible. He will have seven companies of cavalry in hand and one company of infantry to occupy Camp Russell, 9 miles from the camp of the intruders. General Augur believes this force sufficient for present emergency. The intruders number about 250 men and a few women. Couch, their leader, is reported to be a fanatic who believes himself in the right and is willing to risk a collision, as likely to invite public sympathy and compel favorable Congressional action. Colonel Hatch thinks Couch will resist arrest and there will be a collision.

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