The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-04-26
TIE sEcRETARY's LETTER.
DEPARTMENT OF TIE INTERIOR,
WASHINGTON, ID. c., April q

J
10 he Commissioner Of Indian Affairs:
SIR-I am in receipt OF papers, aCcompa-
nying your letter Of the 18th inst, and
further reference OF the 2lst inst, respect
ing the anticipated attempt by citizens Of
the United States and others to possess
themselves, under guise OF settlement, OF
large portions OF the Indian territory, en-
bracing lands acquired by the treaties OF
1865 with various Indian nations or tribes
in that territory, and held for Indian pur-
poses, according to the common under
standing OF the objects OF said treaties.
Amongthese papersare communications
from Cherokee and Creek delegations, en-
closing printed copy Of the letter from
Augustus Albert, OF Baltimore, Nd, to E.
G. Bandinot, q Cherokee Indian, now in
this city, and to his reply thereto dated
the 3lst ulhmo., 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 appropriated to the use OF
the Indian tribes located thereon.
Certain newspaper articles are also on
closed, conveying intimations OF an or.
ganized movement during the coming
month for the possession OF these lands
upon the theory that they are in contem-
plation OF law, free and open to the settle.
ment as public lands Of the United States.
By the intercourse act OF May 80, 1884, this
tract OF territory with others was declared
the Indian country, and for its govern.
ment the basis was created OF the present
intercourse laws as embodied in the Re.
I,iuaI SNnKNkaa annktnOa o I II IN O1E7
Since that period, although the bounda.
ry OF the Indian country has been varied
under the operation OF numerous laws,
the whole Indian territory has been re.
garded as the Indian country-subject to
no State or Territorial laws, and excepted
from judicial process, except under special
enactments, providing for limited and re.
strained Jurisdiction for purposes OF
which 1t has been by Section 453 OF the
Revised Statutes, attached to the western
district OF Arkansas. None Of the land
laws or the general laws OF the United
State, 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 1t is
clear that no authorized settlement could
be made by any person In the Territory
except under the provisions OF the inter
course laws, such person having first OBJ.
tanned the permission provided for in
those statutes. It may be further stated
that no part OF said Territory remains free
from appropriation either to q direct trust
assumed by the treaty or by reservation
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 the north fork Of the same.
See the various treaties, agreements and
Executive orders from 1866 to the present
time.
by seetiop 9,l4I, revised statutes, au
thofity Is expressly granted to the officer
OF the Indian Department to remove from
tho Indian Territory all persons found
thereon contrary to law, and the Presi
dent Is authorized to- direct the milItar.
forces TO beused in such removal.
You are instructed to furnish copy o.
this communication TO the respective
Cherokee and Creek delegations, and di
| rect the agents and officers Of the Indiar
service TO use the utmost vigilance in the
removal Of all such unauthorized person.