American citizen. [volume] (Canton, Miss.) 1864-1890, 1879-05-03
THE INDIAN TERRITORY.
An Important Communication from tho
Secretary of the Interior.


DEPARTMENT OF THE INTERIOR, WASH
INGToN, ID. c., April 25-Io the Commissioner Of
Indian Affairs SIR am in receipt of the pa
pers accompanying your letter of the 18th
inst. and further reference of the 2tst inst,
respecting an anticipated attempt by citizens
of the United States to possess themselves,
of the Indian Territory, embracing lands
acquired by the treaties of 1866 with
Territory, and held for Indian purposes,
according to common understand
ing of the objects of said treaties. Among
these papers are communications from the
Cherokee and Creek dele 2ations, inclosinS
printed copy of a letter from Augustus AL
bert OF Baltimore, Maryland, to E. c. Boudi-
not, Il Cherokee Indian, now in this city;
of his reply thereto, dated the 3Ist ultimo.
stating. in effect, that these lands are part of
the public lands of the Uuitad States, and,
such, subject to settlement, excepting
such portions as have actually been appro..
thereon. Certain newspaper articles are also
inclosed, conveying intimations OF an organ
lied movement during the coming month for
the possession of these lands, on the theory
that they are in the contemplation of the law,
free, and open to settlement publ lands
of the United States. BY the intercourse act of
May 81, ISL this tract OF territory, with Others
was declared the Indian Country, and for its
government the basis was created of present
intercourse laws, as embodied in the Revised
Statutes, Sections ., jill to 2,l57. Since at pc
rod. although the boundary of the Indian
Country has been varied under the operation
ofnumerous laws, the whole Indian Territory
has been regarded as an Indian country, sub
iect to no State or Territorial laws, and ex-
cepted from judicial process. except under
special enactments providing for limited and
restricted jurisdiction for purposes for which
il has been by section 535, Revised Statutes
attached 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 pro-
visions regulated by Intercourse acts.
This being the condition of things,
1t is clear that authorized settlement
could be made by any person in the Terri
tory except under provisions of intercourse
laws, such persons having first obtained the
permission provided for IN those statutes.
1t may be further stated that part of scid
Territory remains from the appropriation,
either to direct trust assumed by
treaty or by reservation for the tribes therein
under Executive order, except that portion
between Red River and the north fork OF the
same lSee various treaties, agreements and
Executive orders from 1SG6 to the present
time. By Section 2,lt7, Revised Statutes.
authority is expressly granted to officers OF
the Indian Department to remove from the
Indian Territory all pei sons found therein
contrary to law and the President is author
lied to direct the military forces to be en-
ployed I'm such removal. You instruct
ed to furnish a copy of this comnunica-
ton to the respective Cherokee and Creek
delegations, and to direct agents and officers
of the Indian Service TO use their utmost
vigilance in the removal of such unauthorlz-
Ell persons as may attempt to appropriate by
settlement any lands aforesaid, and make
prompt report of any and all such eases OF at
tempted trespass for the information of this
department.. Very respectfully,
lSf8nedl q. SCHURZ, Secretary.