Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1879-05-02
The Indian Territory.


At the Cabinet meeting on the 25th
the subject of the alleged contemplated
invasion of the Indian Territory under
guise of settlement formed leading
topic. It appears that claim has
been set up that by the sale of certain
Indian lands to the Government, such
lands have become the property of the
United States as other public lands,
and like them are open to settlement
under the homestead and pre-emption
acts, and that company or companies
have already been formed for the pur-
pose of settlement upon portions of the
land in question. A different view of
the law, however, was taken by the
President and his advisers. As re-
suit of the Cabinet deliberations the
following letter was written by the Sec
retary of the Interior;
DEPARTMENT OF INTERIoR
WASHINGTON April rs.
To the Commissioner of Indian Affairs!
SlR' am In receipt OF the papers accom-
panying your letter OF the 18th inst, and
further reference of the 2lst inst, respecting
an anticipated attempt by citizens OF the
United States and others to posses them
selves, under Culse of settlement, of large
portion of the Indian Territory, embracing
wv iohNS hNHullOh w buO bltdblCb VI lCOO
with various Indian nations or tribes
In that Territory, and held for In
dian purposes according to the COM
mon understanding OF The objects OF said
treaties. Among these papers are communi-
cations from the Cherokee and Creek delega
tions, enclosing a printed copy Of letter
from Augustus Albert, of Baltimore, Md, to
+. G.. Baudinot, a Cherokee Indian now in this
city, and of his reply thereto dated the 3lst
ultimo, stating in effect, that these lands are
part of the public lands of the United States,
and as such subject to settlement, excepting
such portions as have actually been appro-
priated to the use of the Indian tribes To-
Gated thereon. Certain newspaper articles
are also enclosed conveying intimatiou of an
organized movement during the coming
month fer possession of these lands upon the
theory that they are in contemplation of law
free and open to settlements as public lands Of
the United States. By the act of MAY 30, 1884,
this tract of territory, with Others, was de-
clared Indian country, and for its govern
ment the basis was created of the present in
tercourse laws, as embodied in the Revised
Statutes, sections Fill to 2 151. Since that
period, although the boundary of the Indian
country has been varied under the operation
of numerous laws, the whole Indian coun-
laws, and excepted from judicial pro-
cess except under special enactment
providing for limited and restricted
jurisdiction, for the purpose of which 1t has
been by section 533, Revised Statutes, at
tached to the Western District of Arkansas.
None of the land laws 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 regu-
lated by 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 permis-
sion provided for in those statutes. 1t may be
further stated that no part of said territory
remains free from appropriation either to a
direct trust assumed by treaty or by a reserva-
tiOn for the tribes therein under an executive
order, except that portion still claimed by the
State of Texas, and lying between the Red
River and north fork of the same. (See
various treaties, agreements and executive
orders, from 1866 to the present time) By
section 2, 141, Revised Statutes, authority is
expressly granted to officers of the Indian
Department to remove from Indian Territory
all persons found therein contrary to law,
and the President is authorized to direct
the military forces to be employed in such
removal
You are instructed to furnish copy of this
communication to the respective Cherokee
and Creek delegations, and to direct agents
aud officers of the Indian service to use their
utmost vigilance in the removal of all such
unauthorized persons as may attempt to ap-
propriate by settlement any lands aforesaid,
and make prompt report of any and all cases
of such attempted trespass for the informa-
tion of this department. Very respectfully,
G. SCHURz, Secretary.