The Iola register., 1889-02-15
THE CREEK LANDS.
A Special Message to Congress
on the Subject.
The President Transmits . Provisional
Agreement Made With the Creeks 70
Sell Their Lauds-CIearing the
Way to Oklahoma.

WASHINGTON, Feb. GA dynamite bomb
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 cess;on 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
cousumnated 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
meut was promptly ratified by the Creek
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 auspicious 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 Conersss:
I transmit herewith for approval and ratines
tion 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 and occupied as the
homes of said Nation. are ceded to the United
States.
The eighth section Of the Indian Appropria
tiou bill. approved March 3 1885, authorized
the President Ito open negotiations 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, ceded by them respectively to the
United States by the several treaties of August
II, 1855, March u. 1856, and July 49, 1856" This
section also contains an appropriation in
furtherance OF its purpose, and requires that
the action of the President thereunder 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 Il
1850 1t was confirmed by the Senate resolution
passed July 19. 1865, and was proclaimed August
IL. 1855. Qi Stats, 1851. The third ar icle of
the treaty makes a cession Of lands in the fol-
lowing words: In compliance with the desire
of the United States to locate other Indians
and freedmen thereon. the Creeks hereby cede
and convey 70 the United States to be sold to
and used Is homes for such other civilized
Indians as the United States may choose
TO settle thereon the west half Of their
entire domain to be divided by line running
hart 80 ~ aalr
land. being retained bv tuem- 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, estim ated to contain
g. lso.5D acres, the United States agree
TO pay the sum of thirty (3D) cents
per acre. amounting to t975, l6s." 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 a limitation upon the grant made to the
United States. Such a construction is admitted
TO be the true one in 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
meut to the Creeks and Seminoles of the ordi-
nary Government price of ti.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. il
not in law. and in acknowledgment OF the duty
OF the Government 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 II seems to
have been considered that so far as the
lands had been assigned they may fairly be
taken to be such as under the treaty were to
be sold" As to these. they having been as
signed or sold in accordance With said treaty,
the claim OF the Creeks thereto has been en-
tireiy discharged. and the title from the United
States passed unburdened with any condition
or limitation to the grantees. This seems to
be an entirely clear proposition
The unassigned lands must be those which
are unsold. because not only is that the fair
significance of the term. as used technically. in
convevancing, but because the limiting CON
dition in the Creek treaty was that the lands
should be sold to. as We a. used as homes for
other Indians. The total quantity of lands in
the western half OF the Creek Nation and which
were ceGed in 1850, is 3I0s, AS 81 acres. The as
signed lands as above defined are in three
bodies: I. the Seminole country. by the treaty
=.
reservation sold and conveyed by article
six of the treaty of February IS 1867,
Us Stat, 495l, amounting to 41a,e6s05; 3. the
Pawnee reservation granite by section Of the
act OF Congress of April 10, 1876 G9 Stat, 2g),
for which the Government received the prIce
allowed the Creeks. 81 cents per acre, So 0J5 "a;
making q total OF assigned or sold lands OF
.:ss 673.99. and leaving the total unassigned
lands s.669 75i So OF this total quantity OF IN
n 7xrbf
tlcns 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
charge OF the Creek claim thereto.
In that part of these lands called the Okla
noma country no Indians nave 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 1866. The guam
tity of these lands carefully computed from the
surveyors is 1.S92, .O41 30 acres The remainder
OF these unassigned lands has been appropriated
IN some degree to Indian uses, although still
within the control OF the Government.
Thus by three executive orders the following
Indian reservations have been created First,
by President Grant August 10, 1859 the reser-
vatIon of the Chey. unes and Arapahoes which
embraces Of this land 6le. .i59.5 SO acres: second,
by President Arthur August 4, 1Ssa the reser-
vatou for the lowas containing 22S. 4I1.6. acres;
third by President Arthur August Il, lss3, the
Eickapoo reservation embracing sO6, 465.6l
acres: fourth, tract set apart for
the Pottawafomies by the treaty Of Feb
ruary q. 1867. Q5 statutes 53l) followed by the
act O; May "a. 1872, d1 statutes 1897 by which
individual aIlotrleuts were authorized upon the
tract though but very few Indians have selected
and paid for such allotments according to the
provisions Of the law. Tie entire quantity Of
the Pottawatomie reservation is ~ 1i6-3. acres
This shows the quantity Of lands unassigned
but TO some extent appropriated TO Indian
uses by the Government amounting to
/ s17,05OI9.
For the lands which are not only unassigned