The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-07-09
LANDS. LAWS AND LEASES
THE INDIAN TERRITORY CASE
osserAi MoCoos shows ~ the sisua'
tion-MilHons Of Acres illegally
Occupied by sabobs NO
Bensnt Ia Indians'

wAsuISoToS, July d.-Secrotary
Lamar has received letter from Gen.
eral McCook, the ex-governor OF Col
orado, relative 10 the power of the |
government 10 prevent illegal occu'
nation OF lands In the Indian Terri |
tory. Tho writer asserts that the law
requires that the secretary OF the In
terror has full control OF Indian
affairs, under the laws, subject to d.
rection by the President; that cor
tain contracts may be made by indi-
yiduals with Indians relative TO ser
vices in procuring the payment OF
claims, but no authority exists foS
making contracts of any other kind
and III made they are null ana void;
that no purchase, grant, lease or any
other conveyance OF laud or claim
thereto from any lRdian nation or
tribe oil Indians shall be OF any valid
ity IN law or equity, unless such shall
have been made by treaty or conVen-
ten entered into pursuant 10 the con-
slitulion; that only the United States
can make any contract with any IN
dan nation or tribe Offering Iahus
whereby purchase was otherwise, ana
the United States can DO SO only by
formal agreement, and that the Presi-
dent NAV employ the military W ro'
move trespnssors from sno ln-
dian lands. General McCook sub
stautiated the abGyo points
by citation from the revised
statutes and declares that the United
States can make agreements respect
ing Indian lands only with the In.
dams themselves and not win third
partles, and only with tho Indians by
agreement ratified by Congress, not
withstanding the positive prohibition
OF the law against the leasing or con
yeysnce of lands by ludign trlbes,sub-
stantially all the lands in the Indian
Territory set apart Tor exclusive In
dian occupation, General McCook says
are in possession Of white men under
lease OF Indians who had no power to
nit:on of the department OF
the interior under former
adnnipistration which he believes
had no power TO recognize or assent 10
any such lesse or possession.
The following Is given as partial
lisr of the parties in occupation OF
much lands in the Cheyenne and Ara
pat1e reservations In the Indian Terri
70, z, and the, amount OF land con-
AltNlCu Dy M" VAi's 80 'SS'-
des grated boundaries; .
Hanpton n. Denman, of Wash
,ugi0n, d c, formerly "a mem 40,
Der OF the Kansas State senate; J'oNO
EDWARD Fenton, of Leayehworth,
* ansas, and VIM. c. Mattelly,o OF 5000,
caldwell, Kansas, each ;........., o6i ~
v,I,art A Hunter OF ST. Louis. 100000
afbeY, i. Evans, OF st. Louis ....... 1890
nnsa as n''ee'' '...'.,'.''',.-' 3lS,72O
1ndian Territory :.....',... l3s $40
rs ,,,,.,,...... $4,000
.ro,al 70 the above parties. 3,S32,52O
Briggs, member OF the Kansas
state Senate from 1881 to 1885, ana Il.
Nj. Hervis and others, in trust for the
cherokee Strip Live Stock Associa-
ten, a Kansas corporation, leased for
I've years, from October l, 1888, 100000
acres, being the unoccupied lands con-
yoyed to the Pswnees, Poncas, Atoes,
Missou Usage and Kansas Indians
The lease price is III cents per acre.
leases, and If the Interior Department
nd power to assent to them, what can
10, said Of such an execution OF
p public trust supposed to be
created for the purpose OF protecting
Jndians' rights and interests as the 60
0uiescence in lease Of land for term
1fyears at rental which 10 nothing
rl0re than nominalf 10 that the way
toe government Of tho United States
Eases were legal, II authority exists x
xiake them, they would still be obtain
ing from the Indian ward, with Thu
f,aeent ofthe guardian, valuable prop
lsrtV rights and privileges for . pit
tsnce. II tho legality Of the Lease
were doubtful they :hoult
w an administration pledged Il
set its face against corruption, coilus
Honably are. We hold them 40 unau
ihorized and illegal, as well 40 Injus
ia che consideration paid. 1hoult
hare be an instant's hesitation In OILS
s0Voring them and in the summar.
exercise Of the government authorit.
IN disposseSsins the holders unoe
Continuing his argument, deelarin!
tho illegality OF the leases, Genera
Both under the common law and IN
anactments OF Congress-, all partie
other than Indians occupying thes
lands are tresspsssers. The intention
Of the law setting apart the domain
was, that it be enjoyed by the Indians
Tor the purpose OF making OF tnen
civilized homes, encouraging them II
habits of industry and improving thei
condition. The actual facts now are
That instead of the Indians POSSESSING
and enjoying the benefits designed TO
them, their country. is overrul
with Spectators and adventurer
or every degree who have despoilet
them Of their property and practicall.
sequestrated their birth rights, de
stroying their opportunities OF self
support and leaving them nothing TO
the future, while keeping them depen
dent in the present These mon who
in the last three years have enjoyet
covert protection and haYe boldly in
sisted upon an official recognition
their claims, are in many instance
FOREIGNERS who owe no allegiance t.
this government, and in all case
evade every duty and obligatio,!
which the laws impose upon Amer
can citizens. This part of the lndlal
country to which have directed you.
attention is country where force
Teigns and rapine dwells; where un
serupulous men ask the support O
the government and the army. OF th'
lating the law and in evading any re
sponsibility for their acts. These
men are apparently the representa-
lives of great official and financial in
fIuence and seem to have behind then
an autocratic element, mysteriou'
the fair land they now hold
Every American citizen who ii
not with them or OF them are tres
passers. Their representatives a
your departments are not the sup