New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-05-31
LETTERS FROM THE PEOPLE
CLAIMS ON THE INDIAN TERRITORY.


CLERK BoUDINoT MAKES FURTHER EXPLANATIONS
The INDIAN PROMISED PERFECT SECURITY.
To the Editor Of The tribune.
SIR: thank you for doing me the justice
to publish my to your correspondents charges
tOdays issue. should not ask to trespass iur'her
on your space it not that you h''o
stated edtorally that have used many
words to darken counsel" and sought 10 denl-
onstrate that my plan for allotting the lands IN
severalty among the Indians would result in an ex-
tngushment Of the Indian title, and thereby vest the
conditional grant OF lands the railroad corporations
There are two railroads only in the indian territory
which have any pretence Of land grant They are COM
monty known as the Atlantic and Pacific ana inc MIS-
souri,, Kansas and Texas Railroads Inc FORMER mas
built its line forty miles in the Territory; its charter mas
been forfeited by noncompliance with It's terms ana
any lain IL may profess to have only enure 10 the
forty miles constructed
The last clause OF Section OF the act incorporating
the Atlantic and Pacific carbohydrates at Large
vol XIV, p. 294 THREADS as follows
The United States shall eXingush as rapidly as
may be consistent with public policy and the welfare on
the Indians and only by their voluntary cession the
Indian title TO ali lands falling under the opertIon
this act and acquired in the donation 10 the roau
i'll this act.
Now, Mr.. Editor, would an exchange from a title In
common to in severalty be such voluntary ces
sion OF the Indian title would enable the Auahuc
and Pacific Railroad Company to acquire their lana
/
opinion that 1t would not.
The conditional grant Of lands to the Missouri, Kan
sas and Texas Railroad is moro formidable than ana
quite different in terms from that OF the Atlantic and
Pacific Tho NJ, K. and T. is built through the Terri
tory distance Of $50 miles You will find the claim OF
this road land grant in the Territory rests upon
Section Of the Act of July 80 1s66satutes at Large
vol XIV D. 291l-whlch is in these words:
That the same grants OF lands through said Indian
Territory hereby made as provided IN the nrs c
gushed by treaty otherwise, not 70 exceed the raHo
per mile granted in the first section OF this act fr9
pded That said lands become part OF the puDc lanus
OF the United states.
SO you will that the extngushment OF the indian
title alone would vest the grant In tho railroad; tue
lands must become "public lands" II the INDIANS
should divide their lands in severaty, and be invested
with individual titles in fee simple, would that make
them public lands ~ II it would You are right and
am wrong and deserve your censure. A TO the au
thority for the statement that visited Europe I'M
der an appointment of the railroads" TO induce the for
egn bondholders to aid in opening up the Territory
or for any other purpose have only TO say that there
is no shadow Of foundation for such statement.
Washington, May IS, 1870 E. c. BorDNor.
tQ.) As to the extinction of the title We sup
pose title to be extinguished when it is surren-
dered by one party to another. When the Cherokee
tribe surrenders the title it now holds under a
patent from the United States TO the individuals of
the tribe, the present title will be extnguished.
We suppose that then the A. and p Company will
be entitled to its lands under the terms of the law
If law requiring such q change in the Indians
land tenure were passed. there is no doubt the In
dams would accept it " voluntarily" They would
have to do it, or have war with the United states.
The law declaring that on the extinction of the
present title the railroad companies claim becomes
valid would clearly be operative before the new
titles to the Indians could be made. If, without
regarding this, the new titles were at once made
out TO the Indians in severalty, then the railroad
companies would have valid claim on the Govern
ment for the price of the land, and no doubt they
would be exceedingly glad to get the Government
driven into this precise corner.
~ As to the point about public lands We have
never heard that Colonel Boudnot, or any. rail-
road lobbyist has proposed to divide all the lands
in the Indian Territory among the Indians.
Their plan has been to give each Indian 100 acres,
and open the remainder to settlement under the
Presumption and Homestead laws Of the United
States. Colonel Boudinot may think that would not
make them public lands" but the world is
suspicious. For these two railroad companies
have been sustaining lobbyists in Washington to
try to carry this point and Colonel BOudinot has
had the reputation of being one of the most active
of these lobbyists 1t may be that the company
does this out of pure zeal for the welfare of the In
dlans but it is possible to conceive of another mo-
tive.
49, As to tho denial that he visited Europe under
an appointment of the railroads Technically, no
doubt it is true. We don't suppose that
Colonel BOudinot carried a formal commits
sion in his pocket. This much, however is suscep-
tible of proof and if called upon to prove it. The
TRIBUNE would put the stand officers of the roads:
While on the Continent Colonel BOudinot did
tha hop of he IL
roads, and on his return an official of one OF
these roads frankly said that his trip was fools
errand and the expense of 1t a waste of money
Now. Colonel BOudinot frankly, you would bet
ter do two thngs:-StOp writing for the newspapers,
and stop trying to create a little rebellion
against the Presidents proclamation. Thus far you
have been dealt with very leniently.-EdI