, 1881-01-05
OKLAHOMA.
Ramifications Of thu tndian.Ter"
ritory Question.
The Title Of Indians to Their Lands
"The Indian Country"
Vastncss oi Tho ladiar 0omain--Removal Of
Indians 10, indian TossitorY.
Difficulty d Tho lndian Situation, una ths Ffa'.
tisable Way Ont Of Il.

Ffnm Our O,rn Correspondent.
WAsl1SuroN. y. G., Dec. :ll.-Thc 1ndinn
little 10 MI !umls within tic limits Of tl,e
1]nitetl Stairs IL ritirr tho right Of oec'i-
pntIcy alone, or n right secured by statute or
frraty. After thu New World WINS tllscov-
cred, tho European, tilscUvurers established
the principle tint discovery conferred soyrr-
cigl.ty; ttAt tho Indians were the rfglttful
occupants; rlul tilut tn the discoveries be"
longeh tic exclusive right Nf acquiring tho
soil from the natives. Tho Indians were nut
permitted 10 l,art viii, tho title except 10 the
dscnvarers. The Indians wero recognized
rs the original md r!ghtful owners, subject
only TO tic condition that they should not
convey n,,y OF tho soil TO any power. or to
tho citizens VI any power, except Tho tsls-
cOverer Or tic citizens VI tic 'iscoverrr
Great Britain mnntni'aGu this principle. TEe
United States adopted It In the trenty of
peace Of 1871, by which 0Nr Government
acquired NIL rights to the soil which hal
previously been IN that latloN. Similar coil
ttious as 10 Indian ownership OF tic soil
were inserted rs TO NIL 1ndtnns oc'
cupyin9 tho lntlds ceAed TO us by
Fnnce In the treaty OF 1904 The
Mexican Government never recognized tho
1ndinn title, except where It lad Itself
granted 1t, but treated the Indians rs n
Bpcctnl class Of cltIzers. Accordingly, the
United States Courts III New Mexico hive
held TINT, Under the treaty Of Guadalupe
1II,laleo, the Indians OF TINT Territory are
citizens Of tho United States. The Unitrtl
States Government, however, has never
lnndo my distinction rs u the Indians who
occupy the tcrrit1ry obtained from Mexico,
Int has treated them rs foreign nations, and
has negotiated trenties with them as 1t Inns
United Stntcs.
FOr E1aIlTY-FIyE YEAns
tho United States maintained this principle,
and pursued the uniform course of extil-
gushing the Indian title only with the
consent or those Indian tribes whlcl,
were recognized rs being the occu-
pants. At tic tine wien the
United States discontinued making treaties
Will the Indians t1S1l), <ncarty 400 treaties
with Indian tribes were incorporated Iii tlse
general statutes of tho United States. The
only exception to this policy wns IN case
Of Tie hostile Indians iii Minnesota, whose
title In 1869 wns cxttnguishca by conquest.
Those Indians were subsequently, however,
given another reservation, and were pall fur
their Minnesota lands. Since then tho Gov-
Brnlnent has declared that 1t reserves tho
right to vacate all existing treaties III caso Of
., Moa.''.,.s ,.s.,, 1.seo "eea WIZ s..''e "
.ten ,e1 ou'"s.!ea ~ oy .'np'oi"'F ltsalsuo ~
cnivcS , @ 4o trns n,aes ~ sr.n,is E sxsr uss
crthelcss, preserved, md tho Indians were
regarded III q public capacity: first, rs n for
clgn nation which llnll trcaty-Eaktrg powers; !;
second, us wards whom the United States
was bound to sustain md tu protect. Prior
to 1sGS, tho great minority Of the Indians oc-
ctlpyfng lands In Territories Of the United
States had natc treaties.
rnE .sttsunnrry
of raoou,,t.,,n +4,o 1n,t,,u ,,ntt, os ,,,,,ro,,,
y. a3 tseus"1llE 1e i'.uNs"s ooIA ~ lnaepena.
Tint, In Marcel, ISL, Congress, III al, apuro.
linn nation or trhn With, ,i,o tar,itnrv ~
tt,a ,1.'ttat e.,.a",a,t "'. -. tt'o "
uae un.tou otatcs s'sa'l pe acRHoWieaeetl or
aceo'a a'Sss ,ts as & m lee'et ta 74e;, etI", tribe,
coutract by trcnty" N ''>'' ''"'
~ All IN nesotiatio,a ~ i, viii, ,bo 1,,,or. e,,oo
a. neso.Mtlo.s WIN .tle lho'a1's s'llce
they have only been lnNtte either in accord.
nncy with express stul,tes, or subject 10 thc
annroyal Of co,ierrss. ~ ''~' ~'~
"psa tta,,a.s,,. vA Io'H ~ t,'4 80. ,o4, - :,
tsi.s, .,cs.,, ns nl' ne. VI 10Y; however, nis'
r,'; a4s.e."nSo ~ 1ptoste eSasllne tteh',es'
n'o .MAs esptc'''ls suMtlca nea@!ls1 III the
following language: "15nt no obligation ot
my trcaty lawfully made ANIL rntllle,i with
% my such { II, Indian nation or tribe prior to
ttre y ~. s,,n' " nsrscy ts'lldasea as, Or
sR,,tea staRfnies cc LAY nS Sf Alafch j. ls'1-levse'1
known @ as the Indian Territory, which, liaw'
Eyer ni'iler ulo geneFn statutes, IL defined ns
ArronSEy-oESErA1.'s OPINION.
Il. Williams, ,atet III Hag. T. is7 deiinIsfe d9iniIse