San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1889-04-18

The original Oklahoma Of which the people
havo hoard so much is only small part Of
tho future territory Of Oklahoma 1t con-
tains only 1857 500 acres of land, while the
new territory will aggregate q, 2G7, no acres.
To show where the original Oklahoma lies, as
well as tho bounds of the new territory, q
map is presented. 1t Is really map Of the
Indian territory and No Mans Land together
Oklahoma proper as tho boomers call 1t, lies
very near tho center Of tho territory. The
new territory win embrace tho western half
of the Indian territory, and include No Mans
Land, with an area Of 3,672, ,G40 acres, as we'll
A glance at the map, as printed, will give o
good idea Of tho location of the now territory
Because great part of tho land of the new
territory is held by Indians whose title is be-
yond dispute, and because another part Is
held by tho Indians, although claimed by
thousands Of Americans as public land, with
clear title vested in tho United States an
abstract of title of these lands ought to be
made in order that the reader may judge Of
the case.
The land about which there is an Indian
dispute is the tract called Oklahoma proper,
together with tho Cherokee outlet, the bounds
Of which are shown In the map. Since Okla
uOilli piOpGi Wuo tuo pal oNSi buo
dispute first arose It's story may first be told.
Having been q part Of the Louisiana pur-
chase tho title to the land was unquestionably
vested after hcpurchase in tho United States,
and SO remained until the United States re-
May 29, $780, the United States began to re-
Hnquish this title.
Nobody doubts that tho land at that time
tl,o ,of t,,il, a,l
1t so remained without dispute until Aug. Z,
1885, On this day a treaty was concluded
with tho Greeks by which "thoy conveyed
these lands dncluding, Of course, Oklahoma
proper to tho Seminoles, provided, however,
that tho samo should not be sold or otherwise
disposed Of without the consent Of both
tribes legally given" Thereafter the land
may be said to have been held In partnership
by both tribes. 1t SO remained undisputed
until 1S00
The reason for the treaty mado In 1866 Is
unimportant. The motives behind tho trea-
ties Of 1866 arc interesting. Tho treaties were
made during the booming days just after tho
war.
On March 81, 1868, tho Seminoles made a
treaty, In tho third article Of which is the
following language:
"In compliance with desire Of tho United
States to locate other Indians and freedmen
thereon, tho Scminoles cede and convey TO
the United States their entire domain"
Their entire domain included, Of course,
what is now called Oklahoma proper, besides
a lot more to the east thereof.
Tho statement that tho treaty was made In
compliance with the desire Of tho United
States to locate other Indians and freedmen
on the territory ccded was a deliberate lie.
1t was a deliberate attempt TO obtain prop
erty by false pretense. Within four months
after tho conclusion Of the purchase by tho
United statcs-that is, on July 25-a bill was
literally railroaded through congress by
which the Atlantic and Pacific railroad wos
grintod n right Of way through tho land 30
purchased, and every odd numbered section
of land for forty miles on each side Of the
railroad was given TO the company. Tho
lands were bought that they might thus be
given 10 the railroad. There Is no doubt thnt
could oil tho facts pertinent to tho caso DO
brought out in a court Of justice tho title In
fce 10 Oklahoma propcr'would revert 20 the
Creeks and Scminoles on the ground Of fraud
and Misrepresentation in tho transfer, but no
such case viii ever DO heard In court.
As 20 the law in tho case as It reads, Judge
Parker, In passing on the matter, says:
"To my mind this language used In tho
third article Of the Seminole treaty amounts
to a conveyance Of tho utlo Of tho land do
scribcd 10 the United States"
This color Of ytlo In the United States,
however, did not open the land 10 settlement;
q formal proclamation by tho president md
land Office was Necessary 90 do that. Hence
tie anomaly that Il WIS surveyed and open
for n railroad title 10 attach. and not for set-
tiers The Atlantic and Pacific railroad, how
ever, failed 70 complete its limo In time, and
IN iSsO the 80 called boomers" began their
raids