USA > Oklahoma > A history of the state of Oklahoma, Volume I > Part 26
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96
"Throughout this report, and in the arguments used to you against us, it is continually assumed that the Indian country is the theatre of violence and lawlessness; that there is no adequate gov- ernment machinery; that immense herds of Texas cattle are stopped at our borders and cannot cross to market; that railroads cannot be built; that emigrants cannot pass; that white men can only be tried by Indian tribunals; that the 'neces- sities of civilization' are in an agony, and that a savage Indian, with war paint and tomahawk, stands guard at the gateway of civilization.
"The absurdity of such statements is only equaled by their mendacity. Not only have our people exported large herds of cattle to your markets. Every year hundreds of thousands of these [Texas] cattle are peaceably driven through our country. During the emigrant seasons hundreds of emigrant teams crowd the highways through our country, and a murder or robbery against them has hardly been known. In all cases between white man and In- dians the jurisdiction by law and treaty is in
Digitized by
173
HISTORY OF THE STATE OF OKLAHOMA
bill was re-introduced in the fortieth Con- gress, and while frequently discussed was not supported by a majority of the com- mittee. In the forty-first Congress I be- came the chairman of the committee. The bill was again re-introduced, favorably re- ported to the house, and was taken up for consideration. The committee on the ter- ritories, of which the Hon. S. M. Cullom (now senator from Illinois) was chairman, raised the question of jurisdiction, and a protracted debate ensued on the right of the Indian committee, under the rules of the house, to report a territorial bill. As a result of the debate the bill was referred to a joint committee, composed of members of the Indian committee and territorial committee, for further consideration, and the session expired without any final action. It was in this bill that the name of Okla- homa first made an official appearance. It was suggested by Col. E. C. Boudinot, Jr., a Cherokee lawyer, who was in full sym- pathy with an active worker for the open- ing of the Indian Territory to white settle- ment. Colonel Boudinot rendered to the friends of the movement most effective service by arguments before the Indian the courts of the United States. It · was provided by treaty that a distinct United States court for the Indian Territory should be created, and we have petitioned you earnestly for its immediate creation. If it has not been so far created, the fault is yours, not ours. That the public peace is jeoparded for want of law is, however, a gross exaggeration. Railroads are be- ing peaceably built through our country. They are in part built in advance of the demands of business and because it was a speculation to build them, and the animus of no small portion of all this hostility against us comes from the desire to convince you that lands held by the Indians are something that can be stolen with impunity whenever they are sufficiently valuable to tempt cupidity."
A memorial, dated June 12, 1878, opposing the passage of a bill to organize the territory of Oklahoma, was signed by the following representa- tives of the five tribes: P. P. Pitchlynn of the
committees of both houses of Congress, by public speeches, and by furnishing a vast amount of useful information bearing upon questions of Indian possession. He regarded most of the land west of the five tribes as substantially public lands, and, as they were largely unoccupied, he believed that they should be opened to homestead settlement. Colonel Boudinot was a remarkable man in many ways. He was an able orator, with a vast amount of historical information, and was devoted alike to the welfare of his race and to the progress of white civilization in the southwest.
"In this connection let me state the man- ner in which the treaty system which had prevailed since the foundation of the gov- ernment was abolished. I was a member of the conference committee on the Indian appropriation bill in the forty-first Con- gress. Mr. Sargent of California, and Mr. Beck of Kentucky, both of whom were afterward senators, were my colleagues on the part of the house, and Mr. Morrill of Maine, Mr. Harlan of Iowa, and Mr. Davis of Kentucky were the members on the part of the senate. The committee was in ses- sion during an entire night. After all de- Choctaws, W. P. Adair and Dan H. Ross of the Cherokees, John R. Moore, P. Porter, D. M. Hodge and Yarteker Harjo of the Creeks, John F. Brown and Thomas Cloud of the Seminoles, and B. F. Overton, the Chickasaw governor.
The provisions of the bills before Congress to which the Indians objected were the following: 1. The opening to white settlers of country set apart by law and treaty exclusively for Indians. 2. The extension of United States laws and court jurisdiction to all causes of action, civil or crim- inal. 3. Abolition of tribal relations and adop- tion of Indians as United States citizens. 4. Lands in severalty. The memorialists claimed that such provisions conflicted with the solemn guar- antees that no part of lands should be included, without the Indians' consent, in the limits of any state or territory, and the promise that they be forever secured the right to be governed by their own laws.
Digitized by Google
174
HISTORY OF THE STATE OF OKLAHOMA
tails had been settled I remarked to the committee that about two years before I had introduced a bill in the house provid- ing that it should not be competent for the United States to recognize the Indian tribes as independent nations, but that hereafter all contracts with said tribes must be rati- fied or rejected by both houses of Congress. Without objection on the part of the senate confrères my bill was inserted in the con- ference report and in this manner became the law of the land. I think it safe to say that had it not been for the abrogation of the treaty system at that time the settle- ment of Oklahoma would have been much longer delayed.
"While the agitation still went on, it was not until 1878-9 that the question of opening Oklahoma to white settlement be- came more prominent in Congress. In the meantime emigrants to the west were num- erous and the frontier states were rapidly filling up with new settlers. The land west of the five tribes, being mostly vacant, passed into the illegal possession of cattle- men, and vast cattle ranches were estab- lished in the Cherokee outlet, in the Chey- enne and Arapahoe country, and in the lands ceded by the Seminoles and Creeks. Naturally this condition of affairs led to controversy between those who were seek- ing homestead settlement in the west and the men who controlled the cattle industry. As time went on this feeling became ex- ceedingly bitter, and at the commencement of Mr. Cleveland's first administration the question of opening the country to white settlement became still more prominent. It was a battle between the cattlemen on one side and the homestead settlers on the other.
"It was at this time, and even before, that Capt. David L. Payne became the advocate and leader of the intending settlers. Capt.
Payne was a remarkable man. He was a Union soldier in the Civil war, and was not finally discharged from the army until 1867. In 1868, when General Sheridan made his famous campaign against the Cheyennes and Arapahoes, Payne served as a scout over western and central Oklahoma, and in this way became familiar with the condition and resources of the country. On his return to Washington he became an officer of the house of representatives and commenced to organize a movement to invade Okla- homa, on the theory that it was public land, and should be opened to homestead settle- ment. He originated the organization of what was known as the Payne Oklahoma Colony. The members were made up mostly from the western and central states, but it is probable that there was not a state in the Union but had some of its citizens on the roll of the colony. The energy and determination with which Payne pursued his propaganda is well known to the coun- try. He was repeatedly arrested by the United States authorities and dragged out of Oklahoma in the most brutal manner. But this did not in the least deter him from his purpose. He sought these arrests with a view of testing in the courts the legal status of the land his colony was seeking to occupy, but the United States evaded the issue, and in every case he was discharged without a trial. The sudden death of Payne at Wellington, Kansas, did not check the movement he originated. Capt. W. L. Couch, a native of North Carolina, subse- quently of Kansas, became the leader of the colony, and with an energy not less de- termined than that of Payne continued the battle for the possession of the country. I first met Captain Couch at a convention of Boomers held at Topeka during the ses- sion of the legislature of 1879. I was at that time a member of the Kansas legisla-
Digitized by Google
175
HISTORY OF THE STATE OF OKLAHOMA
ture and speaker of the house. The con- vention was largely attended and resolu- tions were passed strongly favoring the movement. Addresses were made by my- self, Hon. David Overmire of Topeka, and several others, before the members of the legislature in the hall of the house of repre- sentatives, urging the opening of Oklahoma and invoking the influence of the people of Kansas, through their legislature, in that direction. It became evident that the views which we entertained as to the status of the Oklahoma lands could not be carried out without congressional action, and steps were taken for an appeal to Congress look- ing to the establishment of a territorial gov- ernment. After the election of Cleveland in 1884 I represented the colony at Wash- ington and commenced there the work which, in its varying. fortunes, only ended with the passage of the enabling act creat- ing the state of Oklahoma. It would re- quire a volume to relate all the incidents connected with this long and earnest controversy.
"In July, 1885, I first visited the west- ern part of Oklahoma and made a thorough investigation of existing conditions. I was commissioned by the Chicago Tribune to go to Ft. Reno with General Sheridan, who was sent there by the president to settle, peaceably, if possible, the trouble with the Cheyenne and Arapahoe Indians. I was ordered to send full dispatches to the Trib- une, not only in reference to these troubles, but also the true facts as to the possession of the country by the cattlemen. It had been contended in the United States senate that there were no cattle in the disputed lands. General Sheridan came out from Washington accompanied by General Miles, who had had large experience in connection with Indian affairs. I joined the party at Lawrence. When we arrived at the ter-
minus of the railroad at Caldwell, Kansas, military preparations had been made for Sheridan's journey to Ft. Reno. Troops had been stationed every eight or ten miles over the entire road, as it was understood that the Indians were about to go on the war path. The governor of Kansas had concentrated a large body of militia near the state line and the war department had ordered to Ft. Reno troops from Nebraska, Utah, Montana, Idaho and Texas. We had great difficulty in reaching Ft. Reno and were greatly hindered by the floods at Pond Creek, the Cimarron and Salt Fork. When we reached the Cimarron it was crossed by constructing a boat out of an army ambulance, wrapping it with canvas, and hauling it across the stream to the south side by a long rope. On arriving at Ft. Reno a serious state of affairs was found. The Cheyenne and Arapahoe Indians were in an ugly mood. They had on their war paint and were in open rebellion, not only against the white people who were crowd- ing on their reservation, but against the cattlemen who had divided their reserva- tion into six large pastures from which the Indians were obtaining but little revenue. After repeated councils, General Sheridan ordered them to report to Darlington agency on a certain day, for the purpose of being counted. The order was obeyed, but in making their camp they crowded in close to the agency buildings, and erected their tepees so irregularly that it was im- possible to make a correct census. At a conference with the chiefs they absolutely refused to move their tepees and threat- ened war. As a result of the council Gen- eral Sheridan informed them that unless on the following day they moved out upon the prairie with their tepees, located at a certain distance apart, pointed out by him, he would order out the troops and force
Digitized by
176
HISTORY OF THE STATE OF OKLAHOMA
them to do so. To this ultimatum the tion of Oklahoma City, and scouted for several days through the surrounding coun- try. I found that instead of its being true, as stated in the senate, that the country visited was free from cattle occupancy, thousands of cattle were scattered over the prairies. We lived sumptuously with the cowboys in their numerous camps, getting much information, all of which I reported to the Tribune. With this experience I felt better prepared to represent the' boom- ers, and on my return to Washington at Indians refused to accede. Upon recon- sideration, however, they concluded to obey Sheridan's order, and the camp was estab- lished in regular form and the census of the tribe taken. I was present during the count, and with the exception of twenty or thirty engaged in teaming between Cald- well and Ft. Reno, an accurate count was made. My recollection is, that the number was about 2,100 less than the beef rations that had been previously issued to the In- dians by the fraudulent contractors. Not- . the following session of Congress I was withstanding that the Indians consented to armed and equipped with weapons for a vigorous warfare. The Chicago Tribune had been vigorously advocating the Okla- homa movement and we were greatly in- debted to that paper for creating public sentiment in its favor. be counted, they still maintained a hostile attitude, and it was not until General Sheridan ordered out the army, fully equipped for action, composed of about twenty-eight troops, to enforce his de- mands, that the Indians showed any dispo- sition to make a peaceable agreement.
"While these events were transpiring the condition of affairs was submitted by Gen- eral Sheridan to President Cleveland and his cabinet. They were told that the cattle- men and the beef contractors were the real cause of the trouble. The opinion of Attor- ney General Garland was asked as to the legality of the cattlemen's occupancy. It was promptly rendered to the effect that their occupancy was entirely illegal, not only in the Arapahoe and Cheyenne lands, but in the Cherokee outlet and other In- dian lands. This opinion resulted in the tearing down of fences on the Cheyenne and Arapahoe reservation, the removal of cattle, the appointment of a new agent, and a thorough exposure of the frauds that had been practiced upon the government and Indians in many ways. After negotiations were peaceably concluded, in company with a representative of the Chicago Herald, I made a trip as far east as Council Grove, about eight miles west of the present loca-
"Early in December, 1885, I was asked by Gen. James B. Weaver of Iowa, William M. Springer of Illinois, members of the house, and by Senator Charles H. Van Wyck of Nebraska, to prepare a bill pro- viding for a territorial government for the territory of Oklahoma, for introduction into the house and senate. The day I received the dispatch Captain Couch reached my home at Lawrence, Kansas, and we immediately prepared the measure and forwarded it to Washington. Soon after Captain Couch and myself proceeded to that city. After long consideration by the house committee, and some changes, the bill took the name of the Springer bill, that gentleman being chairman of the com- mittee on territories, and an ardent friend of the measure. Feeling the need of the influence of the press in the eastern states I went to Charles Nordorf, at that time one of the editors of the New York Herald, and chief of its Washington bureau, and in- voked the support of the Herald for the territorial bill which had been introduced.
Digitized by Google
177
HISTORY OF THE STATE OF OKLAHOMA
Mr. Nordorf was the author of the history of California, and feeling a deep interest in the progress of the west, he at once, in his correspondence with the Herald, and in editorial articles, entered upon a vigorous support of the Springer bill, "publishing almost daily elaborate articles about the conditions which existed in Oklahoma, and giving the reasons why the cattle interests should be displaced and the country opened to homestead settlement. I labored to the best of my ability to convince Secretary Lamar, of the interior department, and also President Cleveland, that the influence of the administration should be used to open Oklahoma to settlement. Mr. Cleveland listened patiently to my appeals, and at one time seemed to accept the views I enter- tained in regard to creating the territory of Oklahoma, but the interior department, under Secretary Lamar, was wedded to the exclusion policy and favored the possession of the cattlemen. Of course, we had the opposition of the five tribes. As often as Captain Couch, myself and others, appeared before the committees of the house and senate, arguing in favor of the bill, we were met by the representatives and attor- neys of the Indians with the claim that the treaties provided that the country should never be included within the limits of any territory or state. This was a hard propo- sition to meet, although many of the mem- bers of Congress believed that the time had come to exercise the power of Congress by direct legislation. I will not give in detail all the various features of the controversy over the bill, extending up to the session of 1889. It was a long and bitter fight. I want to say, however, that to Gen. James B. Weaver, Mr. Springer of Illinois, Mr. Mansur of Missouri, Senator Van Wyck, and to Mr. Stockdale of Mississippi, we were more largely indebted than to any Vol. 1-12
other men for waging the battle in our be- half. The Springer bill was passed in the house by 46 majority after a most desperate controversy. The bill had been on the calendar and entitled to consideration for many weeks, but the committee on rules arbitrarily refused to set a day for its con- sideration. In the meantime that session of Congress was drawing to a close and the bill could not receive consideration without a special order. Under these circumstances General Weaver commenced a filibuster, which lasted three days, forcing the com- mittee on rules to abandon its arbitrary denial and set a day for the consideration of the bill.
"When the bill reached the senate it was referred to the committee on the ter- ritories and was vigorously opposed by the cattle interests. Ex-Senator McDonald of Indiana and a law firm from New York, as well as the Indian attorneys, appeared before the committee denying the right of Congress to pass the bill, and made pro- tracted arguments against its being favor- ably reported to the senate. Notwithstand- ing these appeals the bill was favorably reported and placed in the hands of Senator Cullom, who was instructed to call it up for consideration at the earliest opportunity. When the bill was called up, much to our surprise, it was strongly opposed by Sen- ator Plumb of Kansas, and by other sen- ators whom we had reason to believe would give it their support, and after a heated discussion the bill was defeated by a yea and nay vote. But desperate as the situ- ation was, neither Captain Couch nor myself, who had spent much time and money at Washington, were not wholly discouraged, and we appealed to our friends in the house to provide for the opening of what is now known as original Oklahoma, by an amendment to the Indian appropriation
Digitized by
1
-
. I t
1
178
HISTORY OF THE STATE OF OKLAHOMA
bill. The amendment was hastily prepared by General Weaver, Mr. Springer, Mr. Perkins of Kansas, Captain Couch and myself, passed the house that night, and after much opposition in the senate, was adopted and became a law. It contained no provision for any kind of government but it aroused at once an increased interest in all parts of the country in the Okla- homa movement. The members of the Payne colony, as well as intending settlers in all the border states, began to gather in Kansas preparatory to entering the promised land.
"The president's proclamation fixed April 22, 1889, at 12 o'clock, as the time of opening. When the time arrived, thou- sands of people were gathered upon the borders ready to rush in and take posses- sion. Never before in the history of the United States, or any other country, was such a scene presented as the rush for free homes at the opening hour. Although the area of the land opened amounted to but little more than 1,800,000 acres there were ten times more people ready to take land than there was land to take. The run was made from all sides at precisely 12 o'clock, M. From the south line of the Cherokee outlet, from the Indian reserves on the east, from the South Canadian river on the south, and from the Cheyenne and Arapahoe reservation on the west, came the excited thousands. It was altogether a most wonderful gathering of people. All classes mingled in the rush. Before the going down of the sun on that eventful day more than 50,000 people had commenced to make their homes. It must be said to the credit of all that there was little dis- order or ill feeling in this remarkable move- ment of population, considering that self interest was one of the potent forces. Okla- homa City and Guthrie were the central
points in the great rush. Probably 10,000 people were on the townsite of Oklahoma City by nightfall, and an almost equal num- ber on the townsite of Guthrie. In the absence of all law, either federal or local, provisional municipal governments were immediately formed for the protection of life and property. Captain Couch was elected mayor of Oklahoma City and the usual form of municipal government, which obtained in the state, was adopted. The act creating the territory of Oklahoma was approved on May the 2d, 1890. Consid- ering the exceptional conditions that pre- vailed from the opening day up to that time, it must be said to the credit of the first settlers of Oklahoma that life and property were as safe as though there had been a regular government in operation. During this period a movement was orig- inated at Guthrie to establish a provisional government over the entire territory. This movement met with very stern opposition from the citizens of Oklahoma City and the people in general. A convention was called at Frisco in Canadian county for the purpose of protesting against it. This con- vention was the first general convention that was held in Oklahoma, and was largely attended. After a heated discussion of the project pro and con, it was resolved that it would be impossible for a provisional territorial government, unless established with great unanimity, to compel obedience to its laws, or to enforce a system of tax- ation from which it could derive support, and notice was given that the people would refuse to recognize any such government. And this was the end of the project.
"Soon after the act organizing the ter- ritory became a law, the statehood move- ment was started. The first convention was held at Oklahoma City in 1891. I prepared the call for the convention, and
Digitized by
·
1 1
179
HISTORY OF THE STATE OF OKLAHOMA
had it endorsed by the Oklahoma City 'The committee is convinced that there is Commercial Club. The convention was in many respects a notable gathering. It was composed of the leading men of the terri- tory, and much interest was manifested in its proceedings. All phases of the state- hood question were ably debated and a memorial to Congress was adopted, setting forth the conditions existing here, and praying for the passage of an enabling act admitting Oklahoma as a state. The state- hood movement, which commenced at that time, covered a period of more than fifteen years. Conventions were held at Purcell, El Reno, Kingfisher, Oklahoma City, Shaw- nee and Guthrie. For the first ten years of the controversy the movement was of an entirely non-partisan character. - Demo- crats, Republicans and Populists partici- pated, and vied with each other in the effort to secure statehood. I was for ten years the chairman of the non-partisan ex- ecutive statehood committee, composed of one member from each of the counties in the territory, and during all that time every possible influence was brought to bear to secure the passage of an enabling act. As the representative of the committee, and afterwards in behalf of the commercial and business interests of the territory, I advo- cated the admission as a state before the committees of Congress with whatever ability I possessed. In every Congress statehood bills were introduced and argu- ments made before the territorial commit- tees in behalf of the measure. The senate committee was the tomb of all these bills. In the fifty-third Congress General Wheeler of Alabama, chairman of the committee on the territories, favorably reported a bill for the admission of the territory of Oklahoma as a state by unanimous vote of the com- mittee. Although the territory was less "During the many years that I was identified with the movement to open Okla- than five years old the report declared that
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.