Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1889-02-07
PRESIDENTS MESSAGE.
Greek Indians Ready to Sell Un-
occupied Lands-Message of
the
President on the Subject-A COnclu.
sive Argument For Opening
Oklahoma,

thrown into the ranks of the opponents of
the Oklahoma bill could not have created
greater CONSERVATION than the message of
the President sent to both houses of Con-
gress yesterday afternoon announcing the
cession of the Oklahoma and other lands
to the United States. 1t was seen at once
that by this cession every possible argu-
ment against the creation of the Territory
OF Oklahoma would fall to the ground.
! 1t will be observed that the agree
ment with the Creeks, which was
| consummated at the Interior Depart
ment January 10, soon after the
successful conclusion of General Weaver's
parliamentary struggle, is an absolute
cession of the land, and that the agree
ment was promptly ratified by the Greek
Council, and returned to the President,
who lost no time in laying it before Con-
gress. The friends of Oklahoma are over
, whelmed with joy at the suspicious result
of the negotiations. The message and
agreement will be referred to the Indian
Committee Of the House and Senate and
there is no doubt but that it will be rati-
fed.
The following is the full text of the
Presidents message:
To the Congress:
transmit herewith Tor approval and ratlfica
ton provisional agreement lately entered into
between the Government OF the United States
and the Creek Nation of Indians through their
duly authorized representatives, and which has
been approved by the National Council Of SAID
Nation, by which agreement the title and inter-
est of the said Creek Nation of Indians in and to
all lands in the Indian Territory or elsewhere,
except such as are held ane. occupied as the
homes of said Nation, are eded to the United
States.
The eighth section of the Indian Appropriar'
ton bill, approved March g. 1885, authorized
the President Ito open ne gotiations with the
Creeks. SeminoleS and Cherokees for the pur-
pose Of opening to settlement under the Home
stead laws the unassigned lands in the Indian
Territory, coded by them respectively to the
United States by the several treaties of August
II, 1866, March u, 1866 and July 10, 1866" This
section also contains an appropriation in
furtherance of its purpose, and requires that
the action of the President hereunder should
be reported to Congress. The unassigned lands
thus referred to should be construed to be
those which have not been transferred by the
United States in pursuance OF the treaties
mentioned in the section quoted.
The treaty with the Creeks is dated July IA.
1866. 1t was confirmed by the Senate resolution
passed July 10, 1866, and was proclaimed August
II, 1856. "a Stats, 1851. The third article of
the treaty makes q cesSion of lands in the fol-
lowing words: "In compliance with the desire
of the United States to locate other Indians
and freedmen the the Creeks hereby cede
and convey to tie United States, to be sold to
and used as homes for such other civilized
Indians as the United States may choose
to settle the reon the west half of their
entire domain, to be divided by line running
north and south. The eastern half Of said Creek
lands, being retained by them, shall. except as
herein otherwise stipulated. be forever set
apart as a home for said Creek Nation; and, in
consideration of said cession of the west
half of their lands, estimated to contain
3,250,560 acres, the United States agree
to pay the sum of thirty (3O) cents
per acre, amounting to 1913, l65.' The pro-
visions that the lands conveyed were Ito be
sold to and used as homes for such other civil
lied Indians, etc, has been steadily regarded
as limitation UPON the grant made to the
United States. Su eh construction is admitted
to be the true one N many ways, especially by
the continual reservation Of the ceded lands
from settlement by the whites, by the same on
a portion of the same to Indians by the use Of
other portions as the home of Indians and also
by various provisions in proposed legislation in
Congress. Thus the bill now pending for the
organization of Oklahoma provides for the pay
ment to the Creeks and Seminoles of the ordi-
nary Governme Mt price of S1.25 per acre, less
the amount heretofore paid.
The section of the law Of 1885, first above
quoted, appears also to have been passed. in
contemplation not only Of the existence OF a
claim on the part of the Creeks, but of the sub
stantial foundation of that claim in equity, if
not in law. and in acknowledgment of the duty
Of the Governme Mt to satisfactorily discharge
the claim OF the indian people before putting the
land to the free uses of settlement and Terrific
rial occupation by whites. But 1t seems to
have been considered that so far as the
lands had bee assigned they may fairly be
taken to be srIch under the treaty were ito
be sold" As to these, they having been as
signed OF. sold in accordance with said treaty,
the claiI q OF the Creeks thereto has been en-
tirely d. scharged, and the title from the United
States passed unburdened with any condition
or linn hation TO the grantees. This seems TO
be an entirely clear proposition.
The unassigned lands must be those which
are 'lnsold, because not only is that the fair
sigr ihcance of the term, as used technically, in
con veyancing, but because the limiting con-
dillon in the Creek treaty was that the lands
should be sold to, as vel as used as homes for
other Indians. The total quantity Of lands in
the western half OF the Creek Nation, and which
were ceded in 1856, is 402 42S So acres. The as
signed lands as above defined are in three
bodies: /, the Seminole country, by the treaty
of 1856, 100000 acres; 2 the Sac and Fox
reservation. sold and conveyed by article
six Of the treaty OF February 12 1861,
( Us Stat, 1859, amounting to 470,6S8.05; 3, the
Pawnee reservation granted by section OF the
act Of Congress Of April 10, 1876 az Stat, 2s),
for which the Government received the price
allowed the Creeks, 30 cents per acre, 53oO5 "a;
making a total of assigned or sold lands Of
732 673.99. and leaving as the total unassigned
lands 1863 754 SO. OF this total quantity OF I'M
assigned land which is subject to the negotia-
tons provided for under the law Of 1885 there
should be further division made in considering
the sum which ought fairly TO be paid in dis
I charge of the Creek claim thereto.
In that part of these lands called the Okla
homa country no Indians have been allowed to
reside by any action of the Government, nor
has any execution been attempted Of the limit
ing condition Of the cession of 1886. The guam
tity Of these lands carefully computed from the
surveyors is 1892 104 20 acres. The remainder
of these unassigned lands has been appropriated
in some degree to Indian uses, although still
within the control of the Government
linus by three executive orders the following
Indian reservations have been created First,
by President Grant August TO- 1869. the reser-
walton of the Cheyennes and Arapahoes which
embraces Of this land GIG, 459.59 acres; second,
by President Arthur August Is, 1888. the reser-
walton for the Iowas containing 22S 417.67 acres;
third by President Arthur August IS, 1883, the
Kickapoo reservation embracing sO6, 1851
acres; fourth, tract set apart for
the Pottawatomies by the treaty Of Feb
yuarv q 1857 as statutes 531 followed BY the
ecI OF May %, 1872, tl1 statutes 1851 Dy WHICH
Individual aIlotments were authorized upon the
tract, though but very few Indians have selected
and paid for such sllotments according to the