Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1889-02-14

fresldent's Nd eSSage:
TO the Congress-:
transmit herewith for approval and ratifaca
ton provisional agreement lately entered into
between the Government of the UniieS 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 " hich 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 held and occupied as the
homes OF said Nation, are coded TO the United
States 49,
The eighth section of the Indian Appropriar
ton bill, approved March B. 1885 authorised
tne resident Ito open negotiations with the
Creeks Seminoles and Cherokees for the pur-
pose Of sening to settlement under the Home
stead laws tho unassigned lands in the Indian
Territory, coded by them respectively to the
United States by the several treaties of August
II, 1855, March FL 1858. and July 10, 1885" This
section also contains an appropriation in
1urtherance 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
1856 1t was confirmed by the Senats resolution
passed July 10, 1866, and was proclaimed August
II, 1856. "a Stats. 1867. The third ar icle of
the treaty makes cession Of lands in the fol-
lowing words: In compliance with the desire
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 line running
north and south. The eastern half of said Creek
land, being retained by tnem. 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
8,&O,56O acres, the United States agree
to pay the sum of thirty Coy cents
per acre, amounting to e975 16S." The pro-
visions that the lands conveyed were ito be
sold to and used homes for such other civil
lied Indians" etc.. has been steadily regarded
as a limitation upon the grant made to the
United States. Such construction is admitted
20 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
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 1855, first above
quoted. appears also to have been passed. in
contemplation not only OF the existence of
claim on the part Of the Creeks. but of the SUBJ
stantal foundation Of that claim in equity. if
not in law, and in acknowledgment OF the duty
Of tho 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, as used technically in
conveyancing, but because the limiting con-
dition in the Creek treaty was that the lands
should be sold to. as we as used as homes for
other Indians. The total quantity of lands in
the western half OF the Creek Nation and which
were ceaed in 1866 is 8, z02 AS IS The as
signed lands above defined are in three
bodies: /, the Seminole country, by the treaty
OF 1866 100000 acres; 2, the Sac and Fox
reservation, sold and conveyed by article
six of the treaty of February 10 1851
Us Stat. 1850, amounting to As, 66S.05: g. the
Pawnee reservation granted by section of the
act Of Congress of April 10. 1876 90 Stat, 29),
for which the Government received the pr1ce
allowed the Creeks 30 cents per acre, 53,OI5 81:
making total of assigned or sold lands Of
732 $3.50. and leaving as the total unassigned
lands 2,6G9 .54.S 50. OF this total quantity of un-
assigned land which is subject to the neeotia-
lions provided for under the law of 1855 there
should be a further division made in considering
the sum which ought fairly to be paid in dis
charge of the Greek 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 1856. The guam
tity of these lands carefully computed from the
surveyors is 1852, 5C4- 80 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. 1s69. the reser-
vatlon of the Cheyennes and Ara2ahoes which
embraces of this land 619.459.5 SO acres: second,
walton for the lowas containing 225.417.67 acres;
Kickapoo reservation eu.o-acing so6 1851
acres: fourth, tract set apart for
the Pottawafomies by the treaty Of Feb
ruary 20, 1867, as statutes SID followed by the
act of May "a, 1872. 07 statutes 159) by which
Individual allotments were authorized upon the
trs.ct, though but very few Indians have selected
and paid for such aliotments according to the
provisions OF the law. The entire quantity Of
The Pottawatome reservation Is -, s16-S. acres.
This shows the quantity of lands unassigned
but to some extent appropriated to Indian
S7.n5019.
For toe lands which are not only unassigned
but are n,.occupied. and which have been in no
way appropriated Il appears clearly just and
right that price of at least t1.25 should be al
lowed to the Creeks. They held more than the
ordinary Indian title. for they had patent In