USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. III > Part 42
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The Cheyenne and Arapahoe trail led to the reservation and agency at Darlington, near Fort Reno; other trails to the west led to Beaver City in the Public Land strip, and to the Texas pan . handle. Those bearing in a southeasterly direction led to the Sen- inole agency and to the Cherokee nation.
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The trail from Coffeyville, on the southeastern border of Kan- sas, known as tlie Old Whisky trail, along which an illicit traffic in fire water was carried on, extended southwesterly via Bruner's crossing of the Arkansas river to the Sac and Fox agency, and was the shortest route to the Oklahoma district from Southwestern Missouri.
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CHAPTER II
" Boomer" Colonies, Land Openings, Cattle Leases, Etc.
IN THE winter of 1878 and 1879 articles in newspapers through- out Kansas and Missouri called attention to the unoccupied lands embraced in the western half of the Indian territory, and announced that they were a part of the public domain, purchased from the Indians under treaties in 1866, and were therefore sub- jeet to settlement under the homestead laws of the United States. These articles were copied by the Eastern press and the attention of the Indian Bureau was called to the matter by the receipt of letters from would-be settlers writing for further information. The gov- eritinent was also advised that an organized effort was about to be made to enter the Indian country under the belief that no steps to prevent such an attempt if made by sufficient numbers would be taken by the government. The secretary of the interior, how- ever, appealed to the president and secretary of war, to assist him in repelling any unlawful invasion of the Indian country. Accord- ingly the president issued the following proclamation, viz. :
"Whereas, It has become known to me that certain evil-disposed persons have, within the territory and jurisdiction of the United States, begun and set on foot preparations for an organized and forcible possession of, and settlement upon, the lands of what is known as the Indian territory, west of the Stateof Arkansas; which territory is designated, recognized and described as Indian coun- try, and as such is subject to occupation by Indian tribes, officers of the Indian Department, military posts, and such persons as may
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be privileged to reside and trade therein under the intercourse laws of the United States ; and
"Whereas, Those laws provide for the removal of all persons residing and trading without express permission of the Indian Department and agents, and also of all persons whom such agents may deem to be improper persons to reside in the Indian country ; "Now, therefore, for the purpose of properly protecting the inter- ests of the Indian nations and tribes, as well as of the United States in said Indian Territory, and of duly enforcing the laws governing the same, I, Rutherford B. Hayes, President of the United States, do admonish and warn all such persons so intending or preparing to remove upon said lands or into said Territory without permis- sion of the proper agent of the Indian Department against any attempt to so remove or settle upon any of the lands of said Terri- tory ; and I do further warn and notify any and all said persons who may so offend that they will speedily and immediately be removed therefrom by the agent, according to the laws made and. provided, and, if necessary, the aid and assistance of the military force of the United States will be invoked to carry into proper execution the laws of the United States herein referred to.
"In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
"Done at the City of Washington, this twenty-sixth day of April, in the year of our Lord, eighteen hundred and seventy-nine, and of the Independence of the United States the one hundred and third. "RUTHERFORD B. HAYES."
"By the President :"
"WM. M. EVARTS, Secretary of State."
In addition to the above proclamation further precautions were taken by the secretary of war, Geo. W. MicCrary, to prevent the seizure of the lands in the Indian Territory. He directed Gen. P. H. Sheridan, commanding the division of Missouri, with head- quarters at Chicago, to instruct Gen. John Pope, commanding the department of Missouri, to use his available troops to execute the terms of the president's proclamation. General Pope was instructed to order small detachments of troops to the vicinity of Coffeyville and Baxter Springs and to patrol the country in the Indian territory along the Old Whisky trail, warning all immi- grants entering the territory that they were acting in violation of law and would be ejected by force if they persisted. An agent of the Indian Bureau was sent posthaste to Coffeyville to learn the extent of the threatened invasion. He reported that the excite-
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ment had subsided and was due to a false idea of the status of the lands in the Indian country, which the people had derived from the publication of newspaper "specials." The only invasion attempted at this time was by a few settlers who entered the Qua- paw reservation in the northeastern corner of the Indian territory and marked out claims on trees, but leaving the territory upon being apprised of the tenor of the president's proclamation. The Indian Bureau was also advised by their agent at Coffeyville that one C. C. Carpenter, of Black Hill's notoriety, was endeavoring to secure a following with the avowed purpose of entering the for- bidden lands, his method being to obtain donations from merchants of Coffeyville as an inducement to make that town a rendezvous for his prospective colonists.
It was generally claimed at this time and subsequently that the movement to settle the unoccupied lands of the Indian territory was originated by certain railroads which would be large gainers thereby. According to the charters of the Atlantic & Pacific Railroad (now the St. Louis & San Francisco) and the Kansas & Neosho Valley Railroad, granted them in 1866, alternate sec- tions of land on either side of their tracks were to be given to these roads upon the completion of their lines through the Indian coun- try within a stipulated time, provided the Indian title to the lands through which the railroads passed should ever be extinguished. There was also a provision in these charters preventing the rail- roads from taking an active part in any movement having for its purpose the extinguishment of the Indian title. However incipient the threatened invasion of the territory in 1879 may have been, the interests of the people of Kansas, Missouri, Arkansas and Texas, as well as in other parts of the country, was aroused, and from this time on their interest never flagged until legislation finally opened the way for the settlement of the Oklahoma lands.
Every popular movement has a leader ; generally a man who thinks while his followers sleep, who acts while the populace stand idly by shouting approval. Such a man was the leader of the Oklahoma "boomers," Capt. David L. Payne, a typical Kansas frontiersman, who was not only familiar with the lands in the Indian territory along the Cimarron and Canadian rivers, but who acquainted himself with the legal status of these lands during an incumbency of the post of doorkeeper to the house of repre- sentatives at Washington. From 1879 until his death at Welling- ton, Kan., in 1884, this man devoted his whole time and energy in endeavoring to secure a foothold. in the Indian territory, which would serve as an entering wedge for the final settlement
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by the whites. The method he pursued was consistent with the strenuous life he had led on the frontier, among wild animals and treacherous Indians, where it behooved one to act first and reason afterwards. Captain Payne made enemies who maligned him and endeavored to brand him as a common outlaw, but subsequent events prove that the opening of Oklahoma to settlement was due in a large measure to the aggressive and persistent work of this man. He refused to see defeat in temporary reverses and had such sublime faith in the justice of his mission that his adherents steadily grew in numbers.
Capt. David L. Payne was born in Grant county, Ind., December 30, 1836. In the spring of 1858 he started west with his brother intending to engage in the Mormon war. He did not get farther than Doniphan county, Kan., however, where he pre-empted land and went into the lumber busiess, erecting a saw mill on his property. The investment proved a failure, and being of a restless and withal adventurous spirit, Payne turned hunter, of which vocation he made a success from the start. During his hunting trips he explored the Southwest as far as the Magillon mountains of New Mexico and became familiar with the country embraced in the Indian territory, particularly the lands along the Cimarron river. Payne's knowledge of the Indian country made his services valuable as a guide and Indian scout, earning him the sobriquet of "Cimarron Scout." He was employed in these capaci- ties by traders and by the government. He is said to have been well acquainted with Kit Carson, Wild Bill, California Joe, Buf- falo Bill and other hardy representatives of the frontier.
This adventurous frontiersman served with credit in the Civil ยท war, enlisting in 1861 as a private in Company F, Tenth regiment Kansas volunteers. In 1864 at the expiration of his term of enlist- ment, he was elected to the Kansas legislature, serving for two years. In 1865 he again volunteered as a private in the army and is said to have taken the place of a friend, who was drafted. Dur- ing Payne's second enlistment he was enrolled in Company G, Eight regiment of Western volunteers, from March, 1865, until March, 1866. He was afterwards commissioned as captain of Company D, Eighteenth Kansas cavalry, serving as such from October, 1867, to November of the same year. His last service was in the regular army as captain of Company H, Nineteenth Kansas cavalry, and extended from October, 1868, until October, 1869. Ile was at different times postmaster of Fort Leavenworth, Sergeant-at-arms for two terms of the Kansas state senate, and
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from 1875 to 1876 was a doorkeeper to the house of representatives: at Washington, D. C.
Organizations of prospective colonists were started in Kansas and Missouri, the original of which was known as "Payne's Okla- homa Colony." In the main the purpose of these organizations was to keep the Oklahoma question before the people and push for- ward plans for a settlement of the disputed lands. A small initia- tion fee was required, and in return the holder of a certificate of membership was entitled to certain benefits to accrue when the proposed townsites were established. Each organization boasted a constitution and by-laws and had a full quota of officers, includ- ing a surveyor and generalissimo. William II. Osborn, for sev- eral years associated with Payne as his secretary, forsook the ban- ners of his chief, whose method he considered too radical and not productive of results, and organized a colony, known as "Osborn's Oklahoma Petitioners to Congress." The object of the Osborn faction was to present the claims of the "boomers" to congress and secure by legislation what Payne's association was endeavoring to secure by force. Legislation was the only solution to the matter, but there is no doubt that the continued efforts of Captain Payne, although made in violation of the law, gained the moral sympathy of the people, and opened the way for subsequent legislation. The "boomers" published several newspapers, among which may be mentioned the Oklahoma War Chief, edited by Wm. F. Gordon at South Haven, Kan., the Oklahoma Pilgrim, published at Bur- ton, Kan., by W. H. Osborn, and the Oklahoma Chief. issued at Arkansas City, by S. J. Zerger.
Early in 1880 rumors being rife that renewed attempts to invade the Indian territory were about to be made, President Hayes, on February 12, 1880, issued a second proclamation nearly identi- cal to the first one. Similar proclamations were also made, waru- ing citizens from intruding on the Indian lands, by Presidents Arthur and Cleveland, on July 1, 1884, and March 13, 1885, respectively. About May 15, 1880, the military forces arrested Captain Payne and eleven of his followers at a camp about forty miles east of Fort Reno in the Oklahoma country and one and one- half miles south of the North fork o. the Canadian river, where they had established a camp. The "boomers" were taken to the Kansas line and discharged.
On July 15, 1880, Payne and twenty associates were again dis- covered attempting to enter the Indian Territory and in pursuance of an order of the president, Payne was turned over to the United
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States marshal for the Western district of Arkansas, to be held for prosecution under United States laws relating to intruders of the Indian country. Captain Payne was released on bail and his trial set for the November term of the United States district court. At the subsequent May term of said court a civil suit in the nature of an action of debt brought against Payne, in the name of the United States, to recover the statutory penalty of one thousand dollars, was tried and judgment rendered against the defendant. The case was argued before Judge I. C. Parker, and the government was iepresented by Wm. H. Clayton, United States district attorney, assisted by D. W. C. Duncan. Messrs. Thos. H. Barnes, Wm. Walker, and James M. Baker appeared in Captain Payne's behalf.
In brief, the merits of the case rested on the question of the title to the Oklahoma lands, the defense claiming that the Indians relinquished all their right, title and interest in the said lands by virtue of certain treaties of cession, executed in 1866, and that the lands were therefore a part of the public domain and subject to the homestead laws. On the other hand the government main- tained, and was sustained by the court, that the cession of the Oklahoma lands by the Creeks and Seminoles made in 1866 was for an express purpose, viz., the locating of freedmen and other Indians thereon, and to open them to settlement by the whites would be a breach of faith on the part of the United States.
The preamble to the treaty with the Creeks of June 14, 1866 (14 Stat. 786), recites that "the United States require of the Creeks a portion of their lands whereon to settle other Indians," and by the third article of that treaty it provided that, "in com- pliance 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 and used as homes for such other civil- ized 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; and in consideration of the said cession of the west half of their lands, estimated to contain 3,250,560 acres, the United States agrees to pay the sum of thirty cents per acre, amounting to nine hundred and seventy-five thousand one hundred and sixty-eight dollars, in the manner hereinafter provided." * * * * "The preamble to the treaty with the Seminoles of March 21, 1866 ( 14 Stat., 755), recites that, "the United States in view of its urgent necessities for more lands in the Indian Terri- tory, requires a cession by said Seminole Nation of a part of its present reservation, and is willing to pay therefor a reasonable price, while at the same time providing new and adequate lands
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for them;" and the third article of that treaty provides that, "in compliance with the desire of the United States to locate other Indians and freedmen thereon, the Seminoles cede and convey to the United States their entire domain, being the tract of land ceded to the Seminole Indians by the Creek Nation under the provisions of article I, treaty of the United States with the Creeks and Semi- noles, made and concluded at Washington, D. C., Aug. 7, 1856. In consideration of said grant and cession of their lands, estimated at 2,169,080 acres, the United States agree to pay said Seminole Nation the sum of fifteen cents per acre."
Judgment in the sum of one thousand dollars was rendered against the defendant, but as Payne had no means wherewith to satisfy the same, he was permitted to go free. The arrest of the intruders in the Indian territory was made as provided in the Intercourse Laws, ( Sections 2147 to 2150, U. S. R. S. inclusive). Section 2147, U. S. R. S., provided that : "The Superintendent of Indian Affairs and Indian agents and supply agents shall have authority to remove from the Indian country all persons found therein contrary to law ; and the President is authorized to direct the military to be employed in such removal."
The manner in which the military force could be used was prescribed by Section 2150, U. S. R. S., as follows: "The military force of the United States may be employed in such manner and under such regulations as the President may direct : First, in the apprehension of every person who may be in the country in viola- tion of the law and in removing him immediately from the Indian country by the nearest convenient and safe route to the civil authority of the Territory or judicial district in which said person shall be found, to be prosecuted against in due course of law." Section 2148, U. S. R. S., provided for a penalty of one thousand dollars if the offense should be committed a second time. No provision of law was made for the imprisonment of intruders.
Payne's colony camped on the banks of Bitter creek, near Arkansas City, in December 1880, and numbered over 200 men. From this point the colony moved to Hunnewell, and the original band was greatly augmented by the presence at the camp of near by inhabitants, who were drawn there by sympathy or curiosity. On Sunday, December 12, there was a dress parade in which over 500 men participated. Divine service was held in the afternoon conducted by the chaplain of the colony, who selected as the text for his discourse a line from Exodus: "The Lord commandeth unto Moses, to go forth and possess the promised land." Troops under Colonel Copinger kept in close touch with this colony, but
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did not interfere with their progress so long as they did not cross the border line. The "boomers" moved on to Caldwell on Decem- ber 14, where the people turned out en masse to welcome them. A council was hield, speeches were made, and resolutions were adopted. It was expected that some modification of the presi- dent's proclamation would be announced, and the failure to receive this encouragement dampened the spirits of the less enthusiastic members of the colony, and in a few days the "citizen army" quietly dispersed.
During 1882 two attempts were made to enter the forbidden lands, the first in May, when the colonists were apprehended and released on the border line, and again in the latter part of Aug- ust seven inen and two women, with an outfit of horses, wagons, ete., were captured by the soldiers. Refusing this time to leave the territory peacefully, the party was disarmed and taken to Fort Keno as prisoners, but subsequently turned over to the civil authorities at Fort Smith, Ark., where they were afterwards released to appear at the following term of the United States court to answer civil suits for the recovery of the prescribed pen- alty of one thousand dollars.
From an examination of the reports to the general commanding the army by his subordinates, whose duty it was to patrol the Oklahoma lands and apprehend "boomers," it would appear that the repeated invasion of the territory by Payne and his followers caused great annoyance, inconvenience and even suffering to the troops, as they were called upon to make long marches at all times of the year to arrest men who were apparently immune from imprisonment. It became necessary to establish a new mili- tary division, called the Oklahoma division, which had its head- marters at Fort Reno. Detachments were sent out from there, to patrol the border line, and a temporary camp was established, known as Camp Russell. Gen. John Pope, commanding the department of the Missouri at this time, expresses very forcibly his opinion of the police duty which his men were compelled to perform and suggests harsher measures be instituted against the "boomers," in the following extract taken from a report made by him in 1882.
"This one man under sentence by the United States courts pub- licly enacts this performance about once a year and the Govern- ment appears to have no remedy except to keep a company of cavalry simply to watch and to rearrest and remove him from the Territory. It would be simple to stop all this brazen outrage upon law and upon respect for the authority of the Government
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by simply confining Payne in the guard-house at the post in the Indian Territory nearest to which his arrest by the troops is made and compelling him for a time to work for his living, a thing probably very unusual and painful to him; but I presume that process cannot be pursued under the law. Meantime Payne brings suit in the courts for twenty-five thousand dollars damages against me for my acts as Department Commander in having him ejected from the Indian Territory, proclaims his purpose publicly to repeat his invasion this autumn, and then repairs to Washington City, as is stated in the papers, to confer with the interior and war departments on the subject of his next attempt to invade and occupy the Indian 'Territory."
The secretary of war returned General Pope's communication with the endorsement that the annoyance was fully understood, but it was not deemed prudent to punish the intruders by impris- onment when the law failed to provide for such punishment. Several unsuccessful attempts were made, to amend theintercourse laws and provide for the imprisonment of intruders in the Indian country, and among the bills being presented to congress along this line was Senate Bill No. 1545, as follows: "To amend Sec- tion 5148, United States Revised Statutes, in relation to tres- passers on Indian lands." The bill passed the senate at the first session of the 48th congress, and provided for a fine of five hun- dred dollars and imprisonment at hard labor for one year for the first offence, and a fine of one thousand dollars and imprisonment at hard labor for two years for each and every subsequent offence.
Two attempts to enter the territory were made in 1884 by the "boomers". The first was made in May by a party of fifty under the leadership of Payne, and an attempt made, to effect a settle- ment on the land south of the Cimarron river, from which point they were dislodged, but not without considerable show of resist- ance. Again in June of the same year, with increased numbers, Payne established himself on the Cherokee outlet, south of Hunne- well, locating settlements at Stafford or Pearl City on the Bois d' Arc and at various points on the Arkansas river, with headquarters at Rock Falls on the Chickasha river, four miles south of the Kansas line. The number engaged in this invasion is variously estimated at from 500 to 2,000 and it is stated that from 6,000 to 10,000 claims were located and surveyed on the Cherokee lands. On Angust 7, Payne and other leaders, among whom were Cooper, Miller, Couch and Eichelburger, were turned over to the civil anthorities at Fort Smith.
After Payne's death in 188.4, the leadership of the "boomers"
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fell to W. L. Conch. He gathered together another colony, about 450 men in all, and with his staff, composed of H. H. Safford, secretary, G. F. Brown, treasurer and E. S. Wilcox, general -. issimo, entered the Oklahoma district and established his head- quarters at Stillwater. These colonists suffered many hardships as the winter was a severe one and their only habitations rudely constructed dugouts. Several ineffectual attempts were made by the military to eject Couch and his followers from the terri- tory, and at one time it looked as if bloodshed would be the result of the friction between the soldiers and the "boomers." The cold weather, however, compelled Couch to retreat to the Kansas line, where he was arrested by the civil authorities and bound over for trial.
Like other enterprises of this character the Oklahoma move- ment proved enticing to many ne'er-do-wells, who saw an oppor- tunity to get rich without much effort on their part. Every West- ern land boom was participated in by a class of adventurers and hangers-on who joined in the general rush when new lands were opened to settlement under the mistaken idea that fortunes were waiting to be had for the asking in each new Eldorado. In the beginning some of these people were honest in their intention to settle in the lands thrown open to the public, but failing to locate a claim, or otherwise disappointed, and the land fever still remain- ing with them, they idled along for years at a time until some other section of the country was opened up to settlement, where they encountered similar misfortunes.
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