The Somerset reporter., 1885-02-11
TEE OLLAROMA CASE.
ludlow L0N1e hetd IN Ty~sf by
11esfrs
NONE BUT INDIANA On ynEEDnES Can sxI I
~ TIE Oh TEEN.

The rstsnt isqsiry 10 the United States
senate felatIvs 70 the Dklaboms lands
could veil Be answered In tbs report Of
bsoator Cameron, from he committee on
Indian shsi's, made ay.as ago. This re-
port says:
To eoussry known - "Oklaboma" GOV.
err postIo6 81 ths issds ceded 10 the
United 0tatss. y he traatiss Of 1896. with
the Creeks and Seminole nations Of In
disns. respectively; TIE uDassigped por-
tios of which exsesds from she canadian
river - We South 70 The Ciwarrop river
0p the Dortb, and from IL coaptry Of the
Cneyenoes and Arspsboes on the west 70
The country occupied " the Iowas, Kicka.
pors, and POttaWat0mies % the east. The
third articte Of The treaty Of 1896 with the
Creeks. provides iat,-
10 compliauce With the desire Of the
listed STATES 70 16caG other Indians aDd
freedmen thereon, the Creeks hereby cede
and convey to the United States 10 be
sold to and used as hom,s for such other
civilized Indians as The United States may
choose TO settle thereon, the west half of
their entire domain, 10 be div ided by line
running north and south.
The third article OF the treaty Of 1866
with the SemiIOles makes similar proyis-
ion.
These respective articles not only show
the object and purpose Of the cessiop, but
they fix the status Of the land and explicit
ly define the purpose FOR which coded and
the manner Of its disposition.
In letter TO the commissioner of L.
dian affairs, dated April %, 1879. the secre-
iary Of the interior says
BY the Intercourse act Of June 80, 1884,
this tract of teIritory, with other, wa de-
cared Indian country, and for its govern.
he I'D nf
Intercourse laws as embodied in the Re-
vised Statutes, sections Pill and 2l57.
Since that period, although the boundary
OF the lbdian country has been varied un-
der the operation Of numerous laws, the
whole Indian Territory has been regarded
as Indian country, subject to no State or
Territorial laws, and excepted from judi
cial process except under special enact
ments providing for limited and restrict
ed jurisdiction, for the purposes of which
it has been, by section 533, Revised Stat
utes, attached to the western district Of
Arkansas.
None of the land or general laws OF the
United States have been extended to any
part of the Indian Territory, except as 10
crimes and punishments, and other provis-
ions regulating the Intercourse acts.
This being the condition OF things, il is
clear That no authorized settlement could
be made by any person in the Territory,
except under the provisions of the inter.
course laws, sucn persons having first OBJ
tanned the permission provided for in those
statues.
1t may be further stated that no part of
said L rritory remains tree from appropr-
aiions, either to a direct trIst assumed By
treaty, or by reservations thereon under
executive order, except that portion still
claim, d by the State Of Texas, lying be.
tween The Red River and the North Fork of
the same.
1t will be seen by this letter from the
secretary of The interior that the present
legal status OF he Oklahoma lands is that
they are Reserved by tresty stipulation for
the purpose OF settling Indians and fred
men tls3reon. The ACT that NO 70entr dis
positioh of them can be made except in
violation of treaty stipulations was 10 the
opinion of the committee, sufficient Oh
lection to granting the prayer of the peti
TONERS for the opening of the lands TO
settlement.
1t mey be proper in this connection to
state that the ''freedmen' referred to in the
several treaties of 1866 are held by the in
terror department TO be such persons of
African descent as were formerly held as
slaves by the several tribes or nations in
the Indian territory.
The secretary of the interior 10 his let
tr of iast February says none of the land
or general laws of the United States have
been extended 10 any part of the Indian
Territory, except as 20 crimes and punish
mept- aud other provisions regulated by
the Intercourse acts.
This being tue case. no portion of the
nlds within the Indian Territory is SUD-
ct TO entry IN or the land laws of the
United States, aud no portion thereof can
be made subject to such entry by the action
If The X.culive in the present status of
saia lands.
Those lands were acquired by treaties
With The various Indian nations or tribes in
taat Territory in 1866, TO be held for In
dian purposes aud 10 some ext,n at for the
settlement of the former slaves of some vi
the said alions on portions thereof.
Such are The purposes for which said
lauds are now being used or held according
to the common understanding OF tine OF
jects of treaties by which they were ac-
CURED, aud from these arise the necessity
Tor or obligation 10 keep said lands in their
present condition vi occupancy or other.
wise.
The commissioner of Indian affairs says
none of the lands in the Indian Territory,
while they maintain their present status,
are subject To eutry uUd,r the laud laws of
the United States, aud none can be made
SO subject to entry by the action of the tx.
ecutiye.