Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1889-02-14
THE CREEK LANDS.
A Special Message to Congress
on the Subject.
The President Transmits 4 Provisional
Agreement Made With the Creeks to
Sell Their Misunderstanding the
Way to Oklahoma.

| WASHINGTON. Feb. GA dynamite bomt
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
| 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 Creek
! Council, and returned to the President,
! who lost no time in laying it before Con-
/ gress. The friends of Oklahoma are over
whe!med 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:
, 10 the Congress:
transmit herewith for approval and ratifca
| 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 and occupied as the
4 .gD1~ 4IzsaT TnTfa a
States.
The eighth section of the Indian Appropria
ton bill approved March g. 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
IL 1866, March u. 1866 and July 10, 1855" 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
IL, 1885, "a Stats, 7Sj). The third ar icle Of
the treaty makes n cession of lands in the fol-
lowing words: I'm compliance with the desire
of the United States to locate other Indians
and freedmen thereon. the Creeks hereby cede
and convey to the United States to be sold to
and used as 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 a line running
north and south. The eastern half of said Creek
land, being retained by them, shall except as
herein otherwise stipulated, be forever set
apart as home for said Creek Nation; and, in
consideration of said cession Of the west
half of their lands, estimated to contain
32tO, $50 acres, the United States agree
to pay the sum of thirty C3O) cents
per acre. amounting to 1913, 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 limitation upon the grant made to the
United States. Such q 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
ment to the Creeks and Seminoles of the ordi-
nary Government price of Sl.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 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 1t 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 ito
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-
tirely 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. used technically in
conveyancing, but because the limiting con-
dition in the Creek treaty was that the lands
should be sold TO, as vel a. used as homes for
other Indians. The total quantity of lands in
the western half OF the Creek Nation, and which
were cededi in 1866 is 3 402, f2S IS acres. The as
signed lands as above defined are in three
bodies: !, the Seminole country, by the treaty
OF 1866, 200.OC0 acres; >, the Sac and Fox
reservation, sold and conveyed by article
BIN VI bnc AitdlS VI 10, 1000,
Us Stat, 1861, amounting to 7a.CGS05; 3, the
Pawnee reservation granted by section of the
act OF Congress of April 10, 1876 % Stat, 29),
for which the Government received the price
allowed the Creeks, 30 cents per acre, 53,0)5 "a;
making total of assigned or sold lands OF
132 673.99, and leaving the total unassigned
lands 2,GG9.7 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
charge of the Creek claim thereto.
In that part of these lands called the Okla
homa 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 1881, 704. 40 acres The remainder
of these unassignedlands 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, 1861 the reser-
Walton OF the Cheyen nes and Arapahoes which
embraces of this land 619,459.59 acres; second,
by President Arthur August !, 1888, the reser-
walton for the lowas containing 22S,417.67 acres;
third by President Arthur August u, lSS3 the
Kickapoo reservation embracing zoe, 465.6l
acres: fourth, tract set apart for
the Pottawatomies by the treaty OF Feb
ruary %, 1867, G5 statutes SD followed by the
act Of May g. 1872 C17 statutes 1897 by which
individual allotments were authorized upon the
tract though but very few Indians have selected
and paid for such allotments according to the
provisions OF the law. The entire quantity of
the Pottawatomie reservation is 81, 1853! acres.
This shows the quantity Of lands unassigned
but TO some extent appropriated to Indian
uses by the Government amounting to
.2T,o5OI9
hui are nnoccunied and which haze hean IN M