Daily globe., 1879-04-26

one and quite protracted, considerable impor-
tant business being brought before it. The
subject Of the alleged contemplated invasion
of the Indian Territory under the guise of set
Element, formed a leading topic. 1t appears a
claim has been act up that by the sale of GER
| tain 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. A different view of the law was,
however, taken by the President and his ad-
| visers.
EADs' JETTIEs
The allegation that under the recent act of
Congress the requirements in relation to the
Eads jetty system were reduced, not only as to
the depth and width, but also as to the length
of channel, so as to apply only to the length of
the ietties instead of the length of obstruc-
ton, distance of about two instead of twelve
miles, was considered and the attorney general
gave his opinion that the law required the
depth to be maintained for longer distance.
As result of the cabinet deliberation the
following letter was written this afternoon by
the secretary of the interior:
DEPARTMENT OF THE INTERIOR WASHINGTON,
| April 25.-The Commissioner of Indian Affairs.
SIR: am in receipt of papers accompanying
| your letter of the 18th, and further references
of the 2lst inst, respecting an anticipated at
| tempt by citizens of the United States and 9th
ers to possess themselves, under the guise of
| settlement, of a large portion of the Indian
Territory, embracing lands acquired by treaties
of 1866 with various Indian nations or
tribes in that Territory, and held for Indian
| purposes, according to common understanding
of the objects of said treaties. Among these
papers are communications from the Cherokee
| and Creek delegations, including printed
copy of letter from Augustus Albert of Bal
timore, Md, to E. G. Boudinot, Cherokee
Indian now in the city and of his reply thereto
of date the 3lst ult., stating in effect that
United States, and as such subject to settle
ment, excepting such portions as have already
been appropriated to use by the Indian tribes
located thereon. Certain newspapers
ses terroral s0 of enclosed sn orgsnssd anivSns
ment during the coming month N for possession
of these lands, upon the theory that they are
in the contemplation of the law free and open
to settlement as public lands of the United
States by the intercourse act of May 80, 1884.
This tract of territory, with others, was de-
clared Indian country, and for its government
the basis was created of the present intercourse
laws as embodied in the revised statutes. 2, Ill
to 2,1l7.
Since that period, although the boundary of
the Indian country has been regarded as In
dian country, subject to no State or territorial
laws and excepted from judicial process except
under special enactments providing for limited
and restricted jurisdic lion, for the purposes of
which it has been, by section 533: revised stat
utes, attached to the western district of Arkan-
sas. 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 puuishments, 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 permission
provided for in those statutes. 1t may be
further stated that no part of the said country
remains free from appropriation either to di-
rect trust assumed by the treaty or by reserva-
tion for the tribes therein under the executive
order, except that portion still claimed
by the State of Texas, and
lying between the Red river and north
fork of the same section of the various treaties,
agreements and executive orders from 1866 to
the present time. By section 2147 of the re-
to officers of the Indian department to remove
from the 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 a copy of this
communication to the respective Cherokee and
Greek delegations and to direct the agents and
officers of the Indian service to their ut
most vigilance in the removal of all such un-
authorized persons as may attempt to appro-
pirate by settlement any lands aforesaid, and
make prompt report of any and all cases of
such attempted occupation for the information
of this department. Very respectfully,
(Signed) @. SCHURz, Secretary.
RIVER AND HARBoR EXPENDITURES.
The expenditures under the river and harbor
bill were also considered. Secretary Sherman
called attention to the extraordinary demands
upon the treasury at the present time growing
out of the process of refunding the public debt
and other causes, aud urged that there be de-
lay in drawing upon the treasury at the pres
ent time. He thought that by the end of
August the treasury would be in condition to
make disbursements on account of rivers and
harbors. Considerable routine business was
also disposed Of