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 43
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Others were the victims of dishonest land agents, investing all their small capital, representing the savings of years, in a "boom- er's" outfit, with the expectation of striking it rich 'in the new country, described in glowing terms by the specious agents. After discovering that the rich and fertile lands which they were told they would find proved to be only barren wastes, or the town- site upon which a second Chicago was to rise out of the sage brush of the prairie, existed only on paper, they were rudely awakened from their dream of affluence, and left without means or ambition to return home and begin all over again. These victims eked out a precarious existence, living here and there, residing in their "boomers" tents in summer and in shanties in winter, finally joining the other "movers" as they were called, who journeyed from one new settlement to another, ever in search of an illusive will-o-the-wisp. Land booms attracted them to Kansas, Nebraska, Colorado, Dakota, Washington, New Mexico,
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Arizona and Utah, and, when the news was spread broadcast that the Indian territory, said to be the richest section of all the West- ern country, was to be opened up to the white settlers, this army of movers joined the "boomers" under Payne, Couch and other leaders of the Oklahoma colonies.
During the year 1883 rich cattle corporations of Missouri, Kansas and Texas succeeded in leasing from the Indians all of the unoccupied lands in the Indian territory, where immense ranches were established and fenced in with wire fences. It is estimated that there were thirty-two of these leases, covering in all 12,018,234 acres of land. The Cherokee Live Stock Associa- tion leased from the Cherokee nation 6,000,000 acres of grazing lands in the Cherokee strip; 3,832,120 acres were leased to other parties in the Cheyenne and Arapahoe reservations ; 380,000 acres in the Osage reservation, and the remainder 1,806, 114 acres in the reservation of the Kiowas, Comanches and Wichitas, Sacs, Foxes, Poncas, Otoes, Missouris, Ottawas, etc. A rental of a few cents per acre was paid for these grazing privileges. The Cherokee Live Stock Association paid one hundred thousand dol- lars per annum for the 6,000,000 acres covered in its lease, and sub-let the lands to many cattlemen.
It is estimated that 200,000 acres of the Oklahoma district were covered by these leases. The interior department, upon being informed of this fact, ordered the fences removed, but the military forces in the district were compelled to destroy the fences as the cattle kings took no steps to remove them. The "boomers" and others interested protested against the occupancy of the Indian lands by the cattlemen, with the apparent sanction of the govern- ment. The Indian department took the position that whereas the law prohibited the United States from leasing these lands, there was nothing in the statutes to prevent the Indians from exercising that right. The protest of the farmers against the alleged favor- itism shown the cattle kings resulted in a congressional investiga- tion, which was set on foot in 1885, when the senate committee on Indian affairs heard a great deal of testimony and submitted voluminous reports on this matter and other affairs relative to the Indian territory.
In the meantime the demand for some action on the part of congress, looking to the opening of the Indian lands to settle- ment became universal. At each session of congress bills were introduced, providing for the establishment of a territorial gov- ermment over the Indian country. The carlier measures of this character did not contemplate the separation of the western half
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of the Indian lands from those occupied by the five civilized tribes, and as a consequence their passage was prevented by the appeal of these civilized Indians, and the desire of the government to keep faith with the red men. H. M. Teller, secretary of the interior department, in a letter to the president, dated Jannary 26, 1885, makes the following comment regarding the situation :
"No leases or licenses for grazing cattle upon said lands (unoccupied lands in Indian Territory) have been allowed by this Department. No freedmen have at any time been settled upon the lands in question, and it is not probable that any will be so located thereon. Small tribes of friendly Indians from time to time have been located on selected tracts of these ceded lands. At this time there are no Indians whose removal to these lands is contemplated, and it is not probable that the condition of any . of the tribes outside of the Indian Territory will in the near future, be so changed as to render practicable their removal and settle- ment in the Indian Territory. That portion of the lands com- monly known as the Oklahoma country comprising 1,887,800.47 acres, will continue to be the source of trouble while it remains in its present status. The land is valuable for agriculture and stock raising, and it is difficult to satisfy the people desiring homes on the public lands that it should not be treated as public lands and settlement allowed thereon. The game having disap- peared from the Indian country, there remains no longer any useful purpose for their roaming over immense tracts of unoc- cupied lands. It is believed that there will be found at all times in the United States a wholesome public opinion that will demand of the Government that its contracts heretofore made with the Indians be respected in all cases where they do not conflict with the interests of the Indians and are not unjust to the people of the United States; but contracts or treaties impossible of execution, unjust and unfair to both whites and Indians, ought to be abro- gated or modified by legislative action. It is not beneficial to the Indians to have millions of acres of valuable land remain unoc- cupied around them. There is a general sentiment that these lands should not be withheld from settlement because they were included within the boundaries of the Indian Territory. These lands are desirable for agriculture and grazing purposes and every year the difficulty of keeping them from settlement will increase. That they can be so maintained for any considerable length of time is hardly possible. Objection will be made to the occupation of any part of the Indian Territory by others than Indians on the ground that the Government set apart the Terri-
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tory for the exclusive use of the Indians, and covenanted that no others should reside therein. It is not denied that the treaties so provided. It is, however, within the power of the Goverment, with the consent of the Indians interested, to change this provis- ion of the treaties so that these desirable unoccupied lands may be placed within the lawful reach of the settlers. Steps should be taken at once to change the present condition of affairs in the unoccupied portion of the Indian Territory. It can be done with- out the violation of treaties or without subjecting the Govern- ment to the charge of bad faith. The power that made the treaties may in like manner abrogate or modify them. It is not proposed to despoil the Indians nor to compel them to accept less than the full value of whatever they surrender. It will not be wise to take an acre of this land needed by these Indians, or by the coming generation of them; but the lands now owned by the Government for the purpose before mentioned may be opened to settlement with the consent of the civilized tribes, or segregated from the lands occupied and owned by the Indians, and then opened to settlement."
Following this recommendation of the secretary of the interior, congress, by Section 8 of the Indian appropriation act, approved March 3, 1885 (923 Statutes at Large, p. 384), gave the presi- dent authority to "open negotiations with the Creeks, Seminoles, and Cherokees, for the purpose of opening to settlement under the homestead laws the unassigned lands in said Indian Territory ceded by the several treaties of August 11, 1866, March 21, 1866, and July 19, 1866 ; and for that purpose the sum of five thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated out of any money in the treasury not other- wise appropriated, his action hereunder to be reported to con- gress."
Several years elapsed between the time of the passage of the above act and the date when treaties were consummated with the aforesaid Indian nations and ratified by congress. In the meantime the settlers anticipated an early opening of the Indian lands, and in order to be on the ground in ample time many homesteaders started immediately for the border line of the Indian territory. The result was the existence for several years of large camps of "boomers" along the dividing line between Kansas and the Indian territory. These "boomers" grew restive at the delay in opening the new country and congress was besieged with petitions from all sides, to enact the legislation necessary to throw the land open to settlement. On the other hand the cattle inen
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who were leasing the lands from the Indians used all their influ- ence to prevent such legislation, which would destroy their pres- tige and deprive them of rich grazing lands which they enjoyed at a minimum cost.
A number of bills were introduced in congress, having the same object in view, the opening of the Indian country to white set- tlement. In 1889 H. R. Bill No. 1277, known as the Springer ( William) bill from the name of the chairman of the committee on territories, and also the Oklahoma bill, was drafted and approved by the committee on territories. After a spirited debate on the floor of the house that branch of congress passed the bill on February 1, 1889, by a vote of 148 to 102. This bill was called, "An act to organize the Territory of Oklahoma and for other purposes."
Section 1 defined the boundaries of the Territory.
Section 2 provided for the appointment of a governor and other territorial officers.
Section 3 defined the jurisdiction of the courts.
Section 4 declared that the Public Land strip was a part of the public domain of the United States and open to settlement under the homestead laws.
Section 5 provided for the disposal of lands in the Oklahoma district to actual settlers at one dollar and twenty-five cents per acre, subject, however, to the consent of the Creek and Seminole nations to be obtained by treaty negotiations.
Section 6 gave the president authority to fix the date of settle- ment.
Section 7 established four land offices and set forth the method to be followed in order to acquire title to lands.
Section 8, further regulations relative to acquisition of title.
Section 9, regulations relative to establishment of town sites. Section 10, stating the lands open for settlement.
Section II provided for the appointment by the president of five persons to form a commission to open registration.
Section 12 prescribed that no occupation could be made by proxy.
Section 13 abolished all existing leases within the bounds of the Territory.
Section 15 prohibited the legislative assembly, counties, town- ships, towns or cities from contracting any indebtedness for any work of public improvement or in aid of any railroad.
Section 16 postponed the provisions of the act as to Greer county, until the question of jurisdiction pending between Texas and the United States should be settled.
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This bill was defeated in the senate, but in the last days of congress an amendment was tacked onto the Indian appropria- tion bill, providing for the lands ceded by the Creek and Semi- nole Indians to be opened for settlement under proclamation of the president. This proclamation which is given in full was pronmilgated March 23, 1889:
"WHEREAS, Pursuant to Section eight, of the Act of Congress approved March 3, eighteen hundred and eighty-five, entitled 'An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June 30, 1886, and for other purposes,' certain articles of cession and agreement were made and concluded at the City of Washington on the nineteenth day of January, in the year of our Lord eighteen hun- dred and eighty-nine, by and between the United States of Amer- ica and the Muscogee (or Creek ) Nation of Indians, whereby said Muscogee (or Creek) Nation of Indians, for the consideration therein mentioned, ceded and granted to the United States, withi- out reservation or condition, full and complete title to the entire western half of the domain of the said Muscogee (or Creek) Nation, in the Indian Territory, lying west of the division line surveyed and established under treaty with said nation, dated the fourteenth day of June, eighteen hundred and sixty-six, and also granted and released to the United States all and every claim, estate, right, or interest of any and every description in and to any and all land and territory whatever, except so much of the former domain of said Muscogee (or Creek) Nation as lies cast of said line of division surveyed and established as aforesaid, and then used and occupied as the home of said nation, and which articles of cession and agreement were duly executed, ratified and confirmed by said Muscogee (or Creek) Nation of Indians by act of its council, approved on the thirty-first day of January, eighteen hundred and eighty-nine, and by the United States by act of Congress approved March 1, eighteen hundred and eighty- nine, and
"WHEREAS, By Section twelve of the act entitled 'An act mak- ing appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen hundred and ninety, and for other purposes,' approved March second, eighteen hundred and eighty-nine, a sum of money was appropriated to pay in full the Seminole Nation of Indians for all the right, title, interest and claim which said nation of Indians
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OKLAHOMA, "BOOMERS, LAND OPENINGS, ETC.
might have in and to certain lands ceded by article three of the treaty between the United States and said nation of Indians, con- cluded June fourteenth, eighteen hundred and sixty-six, and pro- claimed August sixteenth, eighteen hundred and sixty-six, said appropriation to become operative upon the execution by the duly appointed delegates of said Nation, specially empowered to do so, of a release and conveyance to the United States of all right, inter- est and claim of said nation of Indians, in and to said lands, in manner and form satisfactory to the United States, and
"WHEREAS, Said release and conveyance, bearing date the six- teenth day of March, eighteen hundred and eighty-nine, has been duly and fully executed, approved and delivered, and
"WHEREAS, Section thirteen of the act aforesaid, relating to said lands provides as follows :
"Section 13. That the lands acquired by the United States under said agreement shall be a part of the public domain, to be disposed of only as herein provided, and Section 16 and 36 of each township, whether surveyed or unsurveyed are hereby reserved . for the use and benefit of public schools to be established within the limits of said lands under such conditions and regulations as hereinafter enacted by Congress.
"That the lands acquired by the conveyance from the Semi- nole Indians hereunder, except the sixteenth and thirty-sixth sec- tions, shall be disposed of to actual settlers under the homestead laws only, except as herein otherwise provided (except that sec- tion 2301 of the Revised Statutes shall not apply ) : and provided further, That any person who having attempted to, but have in any case failed to secure a title in fee to a homestead under existing laws or who may enter under what is known as the com- muted provision of the homestead laws shall be qualified to make a homestead entry upon said lands; and provided further, that the rights of honorably discharged Union soldiers and sailors in the last Civil war as defined and described under sections 2304 and 2305 of the Revised Statutes shall not be abridged ; and provided further, that each entry shall be in square form as nearly as practicable, and no person be permitted to enter more than one quarter section thereof, but until said lands are open for settlement by proclamation of the President, no person shall be permitted to enter upon and occupy the same, and any person violating this provision shall not be permitted to enter any of said lands or acquire any right thereto.
"The Secretary of the Interior may, after said proclamation and not before, permit entry of said lands for town sites, under
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Sections 2387 and 2388 of the Revised Statutes, but no such entry shall embrace more than one-half section of land.
"That all the foregoing provisions that relate to lands to be acquired from the Seminole Indians, including the provisions per- taining to forfeiture shall apply to and regulate the disposal of the lands acquired from the Muscogee (or Creek) Indians, by articles or cession and agreement made and concluded at the City of Washington, on the nineteenth day of January in the year of cur Lord eighteen hundred and eighty-nine."
"Now, therefore, I, Benj. Harrison, President of the . United States, by virtue of the power vested in me by said act of Con- gress approved March 2, eighteen hundred and eighty-nine, afore- said, do hereby declare and make known, that so much of the lands, as aforesaid acquired from or conveyed by the Muscogee (or Creck) Nation of Indians, and from the Seminole Nation of Indians, respectively, as is contained within the following described boundaries, viz. :
"Beginning at a point where the degree of longitude 98 west from Greenwich, as surveyed in the years 1858 and 1871, inter- sects the Canadian river ; thence north along and with the said degree to a point where the same intersects the Cimarron river ; thence up said river along the right bank thereof to a point where the same is intersected by the south line of what is known as the Cherokee lands lying west of the Arkansas river, or as the 'Cherokee Outlet,' said line being the north line of the lands ceded by the Muscogee (or Creek) Nation of Indians to the United States by the treaty of June 14, 1800; thence cast along said tine to a point where the same intersects the west line of the lands set apart as a reservation for the Pawnce Indians by act of Congress approved April 10, 1876, being the range between ranges 4 and 5 east of the Indian meridian ; thence south on said line to a point where the same intersects the middle of the main channel of the Cimarron river; thence up said river along the iniddle of the main channel thereof to a point where the same intersects the range line between range 1 cast and range I west (being the Indian meridian ), which line forms the western bound- ary of the reservation set apart respectively for the Iowa and Kickapoo Indians by Executive orders, thence south along said range line or meridian to a point where the same intersects the right bank of the north fork of the Canadian river; thence up said river along the right bank thereof to a point where the same is intersected by the west line of the reservation occupied by the Citizen Band of Pottawatomies and the Absentee Shawanese Indians, set apart under the provisions of the treaty of Febru-
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OKLAHOM.I. "BOOMERS, LAND OPENINGS, ETC.
ary 27, 1867, between the United States and the Pottawatomie tribe of Indians, and referred to in the act of Congress approved May 23, 1872; thence south along the said west line of the afore- said reservation to a point where the same intersects the middle of the main channel of the Canadian river; thence up the said river along the middle of the main channel thereof to a point opposite to the place of beginning, and thence north to the place of beginning (saving and excepting one acre of land in square form in the northwest corner of section nine, in township sixteen north, range two west of the Indian meridian in Indian Terri- tory, and also one acre of land in the southeast corner of the northwest quarter of section fifteen, township sixteen north, range seven west of the Indian meridian in the Indian Territory, which last described two acres are hereby reserved for government use and control,) will at and after the hour of twelve o'clock noon, of the twenty-second day of April next, and not before, be open to settlement, under the terms of and subject to all the conditions, limitations and restrictions contained in said act of Congress, . approved March 2, 1889, and the laws of the United States appli- cable thereto.
"And it is hereby expressly declared and made known that no other parts or portions of the lands embraced within the Indian Territory than those herein specifically described and declared to be open to settlement at the time above named and fixed are to be considered as open to settlement under this proclamation or the act of March 2, 1889, aforesaid ; and
"Warning is hereby again expressly given that no person catering upon and occupying said lands before the said hour of twelve o'clock, noon, of the twenty-second day of April, A. D., 1880, hereinbefore fixed, will ever be permitted to enter any of said lands or acquire any rights thereto, and that the officers of the United States will be required to strictly enforce the provi- sions of the act of Congress to the above effect.
"In witness 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-third day of March, in the year of our Lord, 1889, and of the independence of the United States the one hundred and thirteenth."
(Scal) "BENJ. HARRISON.
"By the President :
"JAMES G. BLAINE, "Secretary of State."
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THIE PROVINCE .IND THE STATES.
CHAPTER III
The Settlements, the Territory Formed, Statistics, Etc.
T HE EFFECT of the president's proclamation opening to set- tlement 1,887,800 acres of land in the Indian territory was not anticipated by the authorities at Washington. It was known that there were not enough quarter sections in the Okla- homa district to supply the demand, but the vast number of peo- ple throughout the country from Maine to California, who caught the land fever and started for the border lines of the "Boomer's l'aradise," was unprecedented and totally unexpected.
Oklahoma colonies were organized as far east as Chicago and as far west as Denver. The newspapers published columns about the climate, soil and natural resources of the new country. Whole towns were depopulated, old and young citizens leaving settled communities for the slim chance of locating farms or town lots in the Indian country. Well-to-do farmers sold out and invested in elaborate boomer outfits. Corporations were organized for the purpose of establishing town sites and of selling town lots therein to eager customers, the operation of the law relative to the man- ner of acquiring title not being taken into consideration. Doc- tors, lawyers, and other professional men joined the throng of pilgrims on their way to the promised land.
Arkansas City, Kan., on the line of the Atchison, Topeka & Santa Fe Ranroad, and near the Southern Kansas border, was the rallying point of the settlers who expected to enter the new lands from the North, while Purcell. in the Chickasaw nation, Indian territory, and also on the same rautroad as Arkansas City, was the rendezvous for all who expected to enter Oklahoma from
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the South. Arkansas City suddenly grew from a town of ten thousand inhabitants to one of twenty thousand or more. The old camp of the original boomers on the outskirts of the town became the temporary headquarters for a vast army. Every train that arrived subsequent to the date of the president's procla- mation brought in prospective colonists and all the roads leading to the city were crowded with emigrant wagons.
The secretaries of war and interior conferred together relative to the best method to pursue to carry out the terms of the proc- lamation. It was necessary to prevent any intrusion of the Okla- homa district before the date fixed by the proclamation for them to be thrown open, and a cordon of troops was placed along the border lines of the Oklahoma district for this purpose. Between Oklahoma and the Kansas line lay the Cherokee outlet, across which the colonists had to move to reach the new lands. To enable those who were in wagons or on foot to have an equal chance as those who expected to cross the Cherokee strip by train, the interior department announced that the settlers could start . on their journey across the strip on Friday, the 19th of April, waiting on the Oklahoma line until 12 o'clock noon, on Monday, April 22nd, when the signal for the grand rush across the border would be given.
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