St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-06
LAND RENGSTERS.
The Indian Territory a Place Where
Force FReignS md EKapine Dwell

WASHINGTON, July 5.-Secretary Lamar
has received a letter from Gen. McCOOk,
ex-governor of Colorado, relative to the
power of the government to prevent illegal
occupation of lands in the Indian territory.
The writer asserts that the law declares
that the secretary of the interior has full
control OF all Indian affairs under the laws,
subject TO direction by the president; that
certain contracts may be made by indi-
viduals with Indians relative to services in
procuring the payment of claims, but no
authority exists for making contracts of
any other nature, and If made they
are null and void; that no purchase,
government leases or other conveyance of
bonds 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 con-
vention, entered into pursuant to the con-
stitutiOn; that only the United States can
make any contract with any Indian nation
or tribe affecting lands, whether by pur-
chase, 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. Gen. McCoOk's substanti-
ates the above points by citations from the
revised statutes, and declares that the
United States can make agreements re-
speeding Indian lands only with
the Indians themselves and not with
third parties, and only with the Indians
by agreement ratified by congress. Not
withStanding the positive prohibitions of
the law against the leasing or conveyance
of lands by Indian tribes substantially all
lands in Indian Territory set apart for
Indian occupation, Gen. McCOOk says, are
in possession of white men under leases
from Indians, who had no power to lease,
and with the recognition of the department
cf the interior under former adminiStra-
ton, which he believes had no power to
recognize OF assent to any such lease or pos
session. The following is a partial list of
the parties in
OCCUPATION OF SUCH LANDS
in the Cheyenne and Arapahoe reServa-
tiOns in the Indian Territory, and the
amount of land controlled by and embraced
in their designated boundaries: Hampton
II. Denman of Washington, formerly men,
Der Of the Kansas state senate, 575, 600
acres; Edward FentOn of LeavenwOrth.
Kan, and William c. Mallelly of Caldwell,
Kan, each 564, 800 acres; Robert A. Hun
ter of St. Louis, No., 500, 900; Albert G..
Evans of st. Louis 456, $50 acres; Lewis
l.. Briggs Of MuScOta, Kan, SIS, 720: Jesse
s. Morrison of Darlington, Indian Ter, 1885,
240; unknown leSSees leasing Oct. Is, 1888,
ia, 900 acres; total to above parties,
8, $50, $50 acres. Briggs, member of the
Kansas state senate from 1881 10 1885, and
Z. NJ. Hewins and others in trust for the
Cherokee Strip Live Stock association, q
Kansas corporation, leased for five years
from Oct. 1, 1882, 1000, 900 acres, being all
the unOccupied lands conveyed to the Paw
nees, Poncos. Nez Perces, Otoes and Miss
hires, OsageS and
KANSAS INDIANS.
The rental is one and two-thirds cents
per acre. If the Indians had power to
make tile lease, and if the interior depart
ment had power TO assent, then what could
be said of such execution of a public trust,
supposed to be created for the purpose Of
protecting Indian rights and interests as the
acquiesence in lease of lands for term of
years at rental which is nothing more than
nominal? Is that the way the government of
the United States should care for its wards?
If such leases were legal-if authority ex-
listed to make them-there still may be OBJ
tanned from the Indian ward, with the as
sent OF the guardian, valuable property,
rights and privileges, for pittance. If
the legality OF the leases were doubtful, they
should not be permitted the countenance of
an administration pledged 10 set its face
against corruption, collision and wrong.
Being, as they unquestiOnably are,
WHOLLY UNAUTHORIZED
and illegal, as well as imprOvident, why
should there be an instant's hesitation in dis
avowing them and in the summary exercise
of all the power and authority OF the govern
mentin dispossessingthe holders under them.
Continuing his argument declaring the lille
gality of leases, Gen. McCook continues:
Both under the common law and the en-
actments of congress all parties other than
Indians occupying these lands are trespaSs-
ers. The intention of the law setting
apart this to the main was that it should be
enjoyed by the Indians for the purpose of
making to them civilized homes, encourag-
ing them in habits Of industry and elevating
and improving their condition. The actual
facts now are that instead of the Indians
possessing and enjoying benefits designed
for them, their country is oyerrun with
spectators and Adventures Of every de-
gree, who have deSpOiled them of their
property and practically sequestered their
birthrights.
DESTROYING THEIR OPPORTUNITIES,
and leaving them nothing for
the future while keeping them dependent
ON the present. These men, who for the
last three years have enjoyed covert protec-
ton and have boldly insisted upon an Off
cial recognition of their claims, are in MANY
instances foreigners who owe no allegianea