The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1885-02-06


showing Why the Disputed Territory n,
Not Open for settlement Secretary Tel
| icr's Opinion.
WASHINGTON. n. O.. january "a.
The recent inquiry Ia the Senate relative
20 the Oklahoma lands could well be an
swcred Ia the report Of senator Cameron.
from the Committee on Indian Affairs.
made just year ago. This report says:
The country known as sOkahonm- COW
ers portion Of the lands cedcd 10 the
United States by the treaties OF
1866, with the Crsck and Seminole
nations Of Indians, rcspec lively, the
unassigned portigns OF which cx.end
from the Canadian River on the south 60
the Cimarron River on the north, and
from the country of the Cheyenncs and
Ampahocs on the west TO the country oc-
cupied by the lowas, kickapoos and Pot
tawatomies on the east. The third arti-
Gle Of the treaty Of 1860 with the Creeks
provides that; In compliance with the
desire Of the United States 10 To-
cate other Indians and freedmen
thereon, the Creeks hereby ccdc ana
convey 70 the United States, TO be sold
10 and used a. homes Tor such other civ
ilized Indians as the United States may
choose to settle thereon, the west half Of
their entire domain, TO be divided by
line running north aud south. The third
article OF The treaty OF 1866 with the
Scmnocs provides that, In compliance
with. the desire OF the United States to
locate other Indians and freedmen
thereon. the Semnolcs ccdc aud convey
10 the United States their lands. These
respective articles not only show the
object and
PURPOSE or THE CEssIoN,
but they fix the status Of the land and cx.
plicitly define the purpose for which ced-
ed and the manner OF its disposition. Ia
. letter 70 the Commissioner Of Indian
Affairs, dated April 20, 1879, the Secrc-
tary OF the Interior says: "By the inter-
course act Of June 30, s34, this tract OF
territory, with others, was declared In
dian country, and for its government the
base was enacted Of thc present inter-
course laws, As embodied Ia the revised
statutes, sections Pill and 2l57. Since
that period, although the boundary of the
Indian country has been varied under 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 iu-
dicial process except under special en-
actments providing for limited and re-
strictcd jurisdiction for the purposes of
which IL has been, by section 533, revised |
statutes, attached TO the Western District |
)f Arkansas.
LEGAL STATUS.
'None OF the lands or general laws OF |
The United States have been extended 10 |
my part of the Indian Territory, except
~ 70 crimes and punishments, and other
provisions regulating the intercourse
lets. This being the condition Of things,
: Is clear that no authorized settlement
;ould be made by any person in the Ter
'itory, except under the provisions OF the
laws, such persons having
irst obtained the permission provided for
n those statutes.
1T may be further stated that no part
II said Territory remains free from appro-
'riation, either 10 direct trust assumed
~ treaty, or by reservations thereon I'M
Ter executive order, except that portion
till claimed by the State OF Texas, living
between the Red River and the North
Fork Of the same"
II will be seen by this letter from the
secretary OF the Interior, that the present
egal status of the "Oklahoma I.andsn
$ that they are reserved by treaty stipu-
alton for the purpose Of settling In
Iians and freedmen thereon. The fact
hat no other disposition Of them can be
made except In violation of treaty stipu-
ations was, In the opinion Of the COM !
nittee, a sufficient objection to granting
be prayer OF the petitions for the open
ny Of the lands to settlement. II may be
roper In this connection to state that
he .frerdmcn referred to In the several
rcatics Of 1866 are held by the interior
apartment to be such persons Of African
esccnt as We're formerly held as slaves
v the several tribes or nations In the In
ian Territory"
NOT SUBJECT TO ENTRY.
The Secretary of the Interior says none
I the land or general laws of the United
tates have been extended To any part
I the Indian Territory, except as 10
rimes and punishments and other pro- I
isions regulated by the intercourse
cts. This being the case, no portion
I the lands within the Indian Territory
, subject to entry under the land laws Of
I the United States, and no portion ,
hereof can be made subject 70 such
ntry by the action Of the executive In
&c present status Of said lands. Those
Inds were acquired by treaties with the |
nrious Indian nations Or tribes In that
'erritory IN 1866, 10 be held for Indian I
urposcs, aud 10 some extent for the set. 1
cmcnt Of the former slaves Of some Of I
nd nations or portions thereof The
commissioner Of Indian Affairs says none
the Indians In the Indian Territory,
lille they maintain their present status,
re subject to entry under the land laws |
the United States, and none can be I
adc subject TO entry by the action o. I