The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-07-06

serts that the law declares that the Secretary Of
the Interior has full control os all Indian affairs.
under the laws. subject to direction by the Pres
ident; that certain contracts may be made by
individuals with Indians relative to services in
procuring the payment of claims bnt no
authority exists for making contracts of any
other nature and If made, they are null and
void; that no purchase, grant, lease.
or other conveyance of lands. or of any title or
claim thereto, from any Indian nation or tribe
of Indians, shall be of any validity in law or
equity, unless the same shall be made by treaty.
or convention entered into pursuant to the Com
stitution; that only the United States can make
any contract with any Indian nation or tribe
affecting lands, whether by purchase lease or
otherwise, and the United States can do so only
by formal agreement; and that the President
may employ the military to remove trespassers
from the Indian lands General McCook sub.
stansiates the above points by citations from the
Revised Statutes, and declares that the United
States can make agreements respecting Indian
lands only with the Indians themselves,
and not with third parties, and only with the
Indians by agreement ratified by Congress Not
wlthstandlng the positive prohibition of the law
against the leasing or conveyance of lands by
Indian tribes, substantially all the lands in the
Indian Territory set apart for exclusive Indian
occupation, General McCook says,sare in posses
sion OF white men, under lease of Indians who
had no power to lease, and with the tacit recog-
milton OF the Department of the Interior under
former administration which, he believes, had
no power to recognize assent to any such
lease or possession. The following is given as a
partial list of parties in occupation Of such lands
In the Cheyenne and Arapahoe sections of the
Indian Territory and the amount controlled by
them and embraced and held by them in their
respective boundaries:
Hampton H. Denman, Of WASHINGTON D. c.
formerly member of the Kansas State Senate,
SIS, 600 acres; Edward Fenton of Leavenrorth.
Kan, and VIM. G. Malteley. of Caldwell
Kan, each, 56f 800 acres; Robert A. Hunter,
nf
ST. Louis, 456, $50 acres; Louis NJ Briggs of
Muscolon, Kan, 3l9, 720 acres; Jesse r. Nor
rlson, OF Darlington, l. r., l38, 240 acres; un-
known lessee, leasing October Is. l6S3 S14, 900
acres; total to above parties 3, S32 $50 acres. Mr.
Briggs. member of the Kansas State Senate in
loSl.o5, and 4. NJ. Hewins and Others in trllst
for the Cherokee Strip Livestock Association, a
Kansas corporation. leased for five wears from
October l3, 1883, 5000 900 acres being all the
unoccupied lands conveyed to the Pawnees.
Poncas, Otoes Missouris, Usage and Kansas
Indians. The rental is one aud two. third cent
per acre.
If the Indians had power to make leases and
If the Interior Department had power to assent
to them, what can be said of such an execution
OF public trust, supposed to be created for the
purpose OF protecting Indian rights and interests
as the acquescence in a lease of lands for term
of years at a rental which is nothing more than
nominal! Is that the way the government of
the United States should care for its wardsP If
such leases were legal-if authority existed to
make them-there would still be obtained from
the Indian ward with the assent of their guard
ian. valuable property rights and privileges for
pittance. If the legality of the
leases We're doubtful they should
not be permitted the countenance
OF an administration pledged to set its face
against corruption, collusion and wrong. Being.
as they unquestonably are, unauthorized and
illegal as we'll as improvident. should there be
an instant lost in dsavowing them, and in the
summary exercise of all the power and authority
of the government in dispossessing the holders
under them!
Continuing his argument declaring the illegal
ity of the leases, General McCoob continues:
Both under the common law and the enact
ments OF Congress, occupants Of these lands
other than Indians, are trespassers. The intent
OF the law setting apart this domain was that it
should be enjoyed by the Indians for the purpose
of making to them civilized homes, encouraging
them in habits of industry, and elevating
and improving thelr~conditior The actual facts
now are, that. instead of the Indians possessing
and enjoying the benefits designed for them,
their country is overrun with spectators and
adventurers of every degree, who have despoiled
them of their property and practically seques-
tered their birthrights leaving them nothing
for the future, while keeping them dependent in
the present These men, who for the last three
years have enjoyed covert protection and have
boldly insisted upon an official recognition Of
their Claims. are In many instances foreigners,
who owe no allegiance TO this government. This
part OF the Indian country TO which have called
your attention is a country where force reigns
and rapine dwells where INSCRIPTIONS men ask
the support of the government and the army of
the United States to protect them in violating
the law and IN evadinc any responsibility for
their acts. These men are apparently the repre-
sentatives Of great official and financial in
fluences, and seem TO have Behind them an auto
cratic element, mysterious it is powerful,
which banishes from the fair land they now hold
every American citizen who is not with them or
of them