The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1885-01-31
= OKLAHOMA.

From the Committee on Indian Affairs,
Showing why the Disputed Territory Is
Not Open for MISUNDERSTANDING Tel
Ier's Opinion.
WASHINGTON, D. c., January g.
The recent inquiry in the Senate relative
TO the Oklahoma lands could we'll be an
swered in the report of Senator Cameron,
from the Committee on Indian Affairs,
made just year ago. This report says:
The country known as "Oklahonn" COW
ers portion of the lands coded to the
United States by the treaties of
1866, with the Creek and Seminole
nations of Indians, respectively, the
unassigned portions. of which eAOend
from the Canadian River on the south to
the Cimarron River on the north, and
from the country of the CheJennes and
Arapahoes on the west to the country oc-
cuped by the Iowas, 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 to To-
thereon, the Creeks hereby cede and
convey to the United States, to be sold
to and used as homes for 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 and south. The third
article of the treaty of 1866 with the
| Seminoles provides that, in compliance
with the desire of the United States to
locate other Indians and freedmen
thereon, the Semnoles cede and convey
to the United States their lands. These
respective articles not only show the
object and
PURPOSE OF THE CEssIoN,
but they fix the status of the land and ex.
plicitly define the purpose for which ced-
ed and the manner of its disposition. In
letter to the Commissioner of Indian
Affairs, dated April 20, 1879, the Secre-
tary of the Interior says: "By the inter-
course act of June 80, 1884, this tract of
territory, with others, was declared In
dian country, and for its government the
base was enacted of the present inter-.
!
statutes, sections 2lll 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 a limited and re-
stricted jurisdiction for the purposes of
which it has been, by section 533, revised
statutes, attached TO the Western District
of Arkansas.
LEGAL STATUS.
"None of the lands 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
provisions regulating the intercourse
acts. This being the condition of things,
it is clear that no authorized settlement
could be made by any person in the Ter
rtOry, except under the provisions of the
intercourse laws, such persons having
first obtained the permission provided for
in those statutes.
sit may be further stated that no part
of said Territory remains free from appro-
priation, either to a direct trust assumed
by treaty, or by reservations thereon I'M
der executive order, except that portion
) still claimed by the State of Texas, lying
between the Red River and the North
J Fork of the same"
1t will be seen by this letter from the
Secretary of the Interior, that the present
legal status of the "Oklahoma Lands
is that they are reserved by treaty stIpu-
J lation for the purpose of settling In
dams and freedmen thereon. The fact
that no other disposition of them can be
made except in violation of treaty stipu-
lations was, in the opinion of the COM
mttee, sufficient objection to granting
the prayer of the petitions for the open
ing of the lands to settlement. 1t may be
proper In this connection to state that
the "freedmen referred to in the several
treaties of 1866 are held by the interior
department to be such persons of African
, descent as were formerly held as slaves
by the several tribes or nations in the In
dian Territory"
NOT SUBJECT TO ENTRY.
> The Secretary of the Interior says none
, of the land 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 the intercourse
acts. This being the case, no portion
of the lands within the Indian Territory
is subject to entry under the land laws Of
of the United States, and no portion
thereof can be made subject to such
entry by the action of the executive IL
: the present status of said lands. Thos,
| lands were acquired by treaties with the
3 various Indian nations or tribes in tina
f Territory in 1866 to be held for Indian
purposes, aud TO some extent for the set
Element of the former slaves of some o
said nations or portions thereof. Tn,
Commissioner of Indian Affairs says nom
of the Indians in the Indian Territory
while they maintain their present status
are subject to entry under the land law
OF the United States, and none can b.
: made subject to entry by the action o
the Executive.