A history of the state of Oklahoma, Volume I, Part 28

Author: Hill, L. B. (Luther B.)
Publication date: 1908
Publisher: Chicago : Lewis Pubishing Company
Number of Pages: 645

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On his return home, in 1864, he was elected a member of the state legislature. The war was yet going on. The mighty forces of the Southern Confederacy were yet unchecked. Kansas was largely drained of her men and her resources. The session was an important one. Payne acted well in his part in the duties of legislation. He espoused the cause of the soldiers in the field, and fought with determination and success a proposi- tion to grant bounties for future volunteers, which he regarded as an unjust discrimination against the soldiers who had endured for years, without hope or promise of reward, the dangers and hard- ships of war. He declared in an eloquent speech that he was ready to re-enlist without bounty, as soon as the legislature adjourned, and he promptly redeemed his promise. True to the generosity of his nature he re-enlisted as a private soldier in the place of a drafted man who had a large family to support. He was enrolled in Company D, Eighth United States Veteran Corps, and becom- ing a member of the celebrated Hancock Corps, followed its fortunes in the Army of the Potomac till the end of the war.

It was during this period that I became inti- mately acquainted with Payne. I was able to be of some slight service to him and the comrades of his company and he returned to me the noblest service which one man can to another-the service of a pure and unselfish friendship which lasted until the end of his life. I happened to know that the great war secretary, Edwin M. Stanton, offered him a commission in the regular army, but so great was his attachment to his company that he declined the offer. In his letter of declination he said: "There are only a few of the Kansas boys here, and I wish to stay with them. All the loyal states will be represented at Richmond and the highest favor you can do our Kansas company is to give us a place in' the advance as we move on the last stronghold of the rebellion." This re- quest was complied with, and it was the privilege of the gallant Payne to participate in the battles which ended in the fall of the Confederate capital, and the final surrender at Appomattox. With the

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convert public opinion in favor of the enter- prise and the extent of the influences used to effect the ultimate end.3 A newspaper,

instinct of a true soldier, he remained in the army until the term of his enlistment expired in 1866.

In the following winter he was elected sergeant at arms of the Kansas legislature, and in the spring of 1867 he was made postmaster at Fort Leavenworth. Some time after this an Indian out- break occurred in western Kansas, and he raised a company and was commissioned by Governor Crawford as Captain of Company D, Eighteenth Kansas Cavalry. Four months constituted the term of service. That dreadful disease, cholera, raged during that time, and twenty-seven per cent of the regiment, including losses in battle, was swept away. Payne himself barely recovered from a severe attack. In this terrible ordeal his thought and care were for the men of his company. He was at once a commander and a nurse. He went everywhere among the sick and dying, took the severest cases to his own tent, soothed with his own hands, their dying hours, and paid from his private funds for the care of his men suffering from the contagion. On one occasion, after mak- ing a detail to care for the sick, he said, "I must have a few hours rest. Here is $10 each. These men cannot recover. Take good care of them. Pay strict attention to their wants and note all they say. If they have any words for friends at home, be sure and get the name and place and remember their last requests."

It is told of him that when ordered from the fort for active service, two men of his company were left behind hopelessly ill in tents at the post. Payne visited them, and finding one suffer- ing from lack of clothing, pulled off his own flan- nels and placing them on the sick and dying sol- dier, remarked: "Cheer up, my boy, don't be discouraged. I hope to see you soon, and there will be oceans of fun ahead on the plains."

The same year found him again in the field in command of Company H, Nineteenth Kansas Vol- unteer Cavalry, called out to suppress another Indian outbreak. Three days after he received his authority from the governor, his company was full and ready for the field. The regiment was sent to Camp Supply and was attached to the command of General Custer, and participated in the campaign against the hostile Indians in the western part of the then Indian Territory (now Oklahoma) and in the Panhandle of Texas. Custer pursued the hostile Indians for nearly forty days in the midst of a rigorous winter, rescued white prisoners, captured two of the principal chiefs, and brought the savages back to subjection by the vigor of his campaign against them. Payne was

the Oklahoma War Chief, was founded by Payne and published to promote the inter- ests of the colony." To illustrate further

always ready for the most daring service. General Custer admired his bravery and the men of his regiment called him "Old Ox Heart," as they gathered around the camp fire and recalled his generous qualities and heroic deeds. It was in this and other expeditions that he gathered ex- tensive information about the country now in- cluded within the boundaries of Oklahoma. He comprehended at once the resources and the pos- sibilities of this great expanse of the public do- main, and saw that it was the basis on which to found a new American commonweal. His keen ob- servation was always at play, whether scouting in the enemy's country, or in the flash of battle, or in the duties of the camp.

In this campaign, as in all others, he served out the full term of his enlistment and with it ended his military career in the service of the United States. It should be mentioned that in the fall of 1864, Payne commanded a company of Kansas Militia at the battle of Westport, and there, as elsewhere, he was heroic and true. It may be said also, that his terms of serv- ice as a federal soldier aggregated five years and six months, a longer period than that of any other volunteer. A communication to him from the War Department in regard to his military service concluded as follows: "It is proper to add that the records of this office show that you served as an enlisted man in Company E, Tenth Kansas Volunteers from August, 1861, to August, 1865; in Company G, Eighth U. S. Volunteers from March, 1865, to March, 1866; as Captain of Com- pany D, Eighteenth Kansas Cavalry from July, 1867, to November, 1867, and as Captain of Com- pany H, Nineteenth Kansas Cavalry from October, 1867, to October, 1869."

While absent in the field, Payne's deputy in the postoffice at Fort Leavenworth became a defaulter, and a new postmaster had been appointed. The bondsmen of Payne were held for the amount, but he sold his property and made good the sum to the last cent. This made him a poor man, but un- daunted by adverse fortune, he made his way to Sedgwick county, Kansas, then but sparsely settled, and located in the township which now bears his name. For a time he tried living in a dug-out ten miles distant from any human habitation, ex- posed to extreme hardships, but always hopeful of the future, and with a courage that never faltered nor failed. The early settlers in Sedgwick county knew him well, and there are many men now liv- ing who honor his memory, as they remember how he divided his last pound of flour or his last side

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the strenuous and thorough efforts of the Oklahoma promoters, they brought the question to the prominence of a national

of bacon with them in the winter of 1870-71. The first public religious service in Payne township was held at Payne's ranch, and the first Sunday school established. He gave to the school a handsome library.

In the fall of 1871 the people of Sedgwick county elected him to the legislature as a Demo- crat, though the county was largely Republican. Radical and loyal as he had been in the war, and having shown his mettle to the enemy on many a well fought field, he was liberal and magnani- mous in time of peace. Hence it is not strange that he originated a bill providing for the removal of the disabilities of confederate soldiers. His argument in support of the measure was sound, patriotic and conclusive. Among other things, he said: "Kansas was the most radical state during the war. She should now take a position of the most liberal and progressive, proving to the south that we cherish no animosities against her people. We of the north fought for principle and con- quered. Let the young state of Kansas now ex- tend the offices of good will and friendship to the people of the late confederate states as the basis of a permanent peace." The bill was finally passed, but not till after a soldier convention was held at Topeka, and the stay-at-home poli- ticians in the legislature made to feel that gen- erosity was better than hatred, and that the argu- ments of Payne and his fellow soldiers were abso- lutely conclusive.

In 1872 Payne was nominated by his party for state senator, but the district was overwhelmingly Republican and he was of course defeated. But he made a remarkable canvass, running largely ahead of his ticket. One township gave him every vote with the exception of three, and the township in which he lived gave him a solid vote of 366. After this he spent some time in New Mexico and Colorado in the service of the government, and with his parents in Indiana. He was for a con- siderable period an officer of the United States house of representatives, concluding his duties as assistant doorkeeper in the winter of 1879, soon after which he returned to Kansas.

As his military and civil experience was largely on the frontier, and his associations among the hardy pioneers of our civilization, it was but nat- ural that he should become an enthusiastic advo- cate of the homestead principle, and that he should devote his energies to the march of empire into all parts of our public domain. His observations at Washington were valuable. There he obtained facts relating to the conditions existing in the

political issue. J. B. Weaver, in a notable speech in Congress on the Oklahoma ques- tion (March 11, 1886), declared that the

Indian Territory he could not otherwise have ob- tained. He became convinced that Oklahoma was in reality a part of the public domain, and he at once addressed himself to the work of covering it with homestead settlers with all the ardor of his nature. The earnestness of his labor from the time he commenced the Oklahoma movement to the day of his death; the abuse heaped upon him by a subsidized press, arrogant military officials and by dishonest public officials, and the constant mis- interpretation of all the ponts of the controversy, are a part of the history of the time, and would fill a volume to recount.

A little more than sixteen years old, Oklahoma is about to enter the Union as a component part of our confederated system of government. From a condition of vassalage, with all her in- terests dependent and neglected, she will soon emerge into an invigorating atmosphere where tax- ation and representation will go hand in hand, when local rights and local pride will not be emas- culated and crushed by the selfishness and greed of federal rule, and when the multiplex institu- tions of one wonderful civilization, so essential to the public prosperity, will be established by our own voice and controlled by our own people. As sure as the green grass will spring up in the returning spring, as sure as the waters flow down from the mountains to the sea, so sure the dreams of Payne and Couch and their comrades will be realized in the full fruition of the state of Okla- homa. And when the temporary prejudices of the hour have passed away the impartial historian will tell the story of their unselfish deeds-of their fidelity to duty-and future generations will rise up and call them blessed .- (From Daily Okla- homan, May 7, 1905.)

"One of the interesting documents connected with Payne's invasion is the first proclamation he issued to his followers: Headquarters of the southwest, Wichita, Kas., Jan. 1, 1880 .- It is not generally known that there is some fourteen mil- lions of acres of land in Indian Territory belong- ing to the United States. This immense domain is public land, the property of the United States, and is open to settlement. A reference to the accompanying letter of Colonel Boudinot, himself a Cherokee Indian, explains the status of these lands, and from it the conclusion is irresistible that the people of the United States have an un- qualified right to settle upon them when they chose to do so.

To effect a settlement upon these lands is the object of this association, and it proposes to or-

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cause of the Oklahoma colonists was the cause of the poor man, the laborer, and thus sought the backing of the labor vote for the measures then pending in Congress. At that time the Knights of Labor organi-

ganize a colony of from 5,000 to 10,000 strong, and move upon these lands in one body on or at least one year. Every family or single person about the 15th day of March, 1880.

Each family or person joining this colony must be supplied with means insuring self-support for should have at least one team, a wagon, the neces- mary agricultural implements, seeds and so forth, to at least the value of $500. Single men with- out this amount accompanying the colony must go as employees of members of the colony at a stated sum, and shall contract to work at least six months. Brick makers, carpenters and other artisans and mechanics are respectfully requested to join us. Those intending to join the colony will know what is required in a new country, and we would advise them to purchase their supplies at home before leaving. However, on this point they can exercise their own judgment. Every colonist should take a full supply of garden and other seeds, as they go to a country where to plant is to insure a harvest.

When the colony shall have come together, they will perfect their organization by the election of a president, a board of directors and such other officers as they may deem proper to constitute a law-making power until we shall be able to secure the proper national legislation. In the choice of these officers and the perfection of the organiza- tion each member of the colony will have a voice and a vote.

No intoxicating liquors of any kind will be al- lowed in the colony and no camp followers or hangers on or idlers will be allowed to accompany the colony under any pretext whatever. Our laws will be stringent for the preservation of order and good government, and there will be no tardiness in their execution.

The colony will take with it a daily paper, school teachers, etc., and within three days after reaching the place of destination will have schools in full operation. It will start with all the necessary ad- junets of civilization and be fully prepared to maintain them.

A few words regarding the land in question will not be out of place here. There is no finer body of country in the United States. It is well watered, well timbered, abounds in coal and min- erals; the Wichita mountains are said to contain gold and silver. For all agricultural purposes, stock, grain, cotton, tobacco and fruit raising it

zation had begun to exert a considerable political power, and they stood at least partially committed to the Oklahoma open- ing, numerous petitions being sent to Con- gress in 1886, to urge the opening of the

cannot be excelled by any other section of the country between the Atlantic and the Pacific. The climate is nearly like that of California, neither too cold in winter, nor too hot in summer. It is the only part of the public domain now open and within reach of the people this side of the Rocky mountains, worth occupying. All the best lands in Kansas and Nebraska have been taken up and in Colorado no farming can be carried on success- fully save by the costly system of irrigation. The land problem is solved, the buffalo is gone, anu the Indian must be civilized. The latter feat can only be accomplished by surrounding him with civilized communities that will respect his rights and teach him the best ways of the white man.

In his last message President Hayes called the attention of Congress to the situation of these lands and intimated that if an effort was made by the people to enter upon them the government would be powerless to prevent it without further legislation on the part of Congress. In the present temper of Congress and the country that legisla- tion will not be obtained and therefore no fear need be entertained that the government will pre- vent the occupancy of these lands by a colony of any respectable number.

" The War Chief was first established at Wichita, Kansas, in the year 1883, edited by A. W. Harris, and remained there until about April 20th, when it was removed to Geuda Springs, Kansas, remain- ing under the editorial management of Harris. The Oklahoma War Chief was then taken to Ar- kansas City, Kansas, and edited by W. F. Gordon, May, 1884. From Arkansas City it was moved to Rock Falls, due south of Hunnewell, Kansas, on the Cherokee Strip, where it remained under the management of Col. J. B. Cooper, until August 7th, when, by command of General Hatch, the colony, press and all, was captured and taken with the prisoners to Muskogee. After this the colony purchased another press, and published the Okla- homa War Chief at South Haven, Kansas, where Charles Branscome edited it for a while, then turned it over to W. F. Gordon, who published and edited it until Payne's death, on the 27th day of November, 1884, soon after which it was re- moved to Arkansas City, Kansas. The name War Chief was then dropped, and it remained under the ownership of S. J. Zerger until purchased by Smith & Son, June 11, 1885, who, removing it to Caldwell, Kansas, the same week, on the regular

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territory. No means were left untried to accomplish the end sought, and against a determined administration opposed by the powerful cattle interest, and defying the armed soldiers sent to eject him, Payne persisted in his designs and again and again entered the forbidden country. He was indomitable to the end of his life. And yet he was not a lone fighter. Powerful influ- ences at Washington were supporting his every move, and undoubtedly it was this assurance that made him dare the military and that prevented the troops from execut- ing the full authority of their orders upon him. A strong public opinion upheld him, and in addition to this the laws applicable to his case lacked a severity of penalty suf- ficient to deter him permanently from his undertaking.

The insufficiency of existing laws relat- ing to intruders and a demand for immedi- ate authority to remedy the situation in the Indian lands were the subject of a consid- erable portion of the report of the commis- sioner of Indian affairs for 1881. The laws governing intrusion at that time were contained in the intercourse act of June 30, 1834, and the act of August 18, 1856, pro- viding that the intruder should first be re- moved from the reserve, and on return was liable to a fine of $1,000. Most of the intruders being without property that was subject to execution, the result of prose- cution was usually a barren judgment, after which the defendant was free to renew his attempts. "A notable illustration of the inadequacy of the law," said the commis- sioner, "is found in the case of the notorious Captain Payne, of Oklahoma fame, who

publication day, baptized it in its old name, Okla- homa War Chief, selected by its founder. The paper was suspended August 12, 1886, in conse- quence of the failure of Congress to pass the Oklahoma bill and lack of support in general.

after repeated attempts at settlement in the Indian Territory, and removal therefrom by the military, was finally arrested July 15, 1880, and taken to Fort Smith, Arkan- sas, where he was released on bail to appear at the ensuing November term of 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 statu- tory penalty of $1,000, was tried and judg- ment rendered against him. It is altogether improbable that the judgment can now be collected from Payne, and the result is that he is at large, organizing another scheme for the invasion of the territory."

To remedy these defects in the law and provide an effective instrument for punish- ing and preventing intrusion, Congress was asked to amend section 2148 of the Revised Statutes so that trespassers on Indian lands, upon conviction of the first offense, should be liable to a maximum fine of $500 and one year in prison, and for subsequent offenses, the minimum and maximum of penalty were $500 to $1,000 fine and one to two years in prison at hard labor. The bill was submitted to Congress by message from President Arthur in February and Decem- ber, 1883. The subject was before Congress for several years, the proposed amendment being referred from the interior department almost with each annual message. April 24, 1884, a bill to this purpose passed the senate, but failed to become a law in that session. Again under the Cleveland admin- istration the subject was presented by the commissioner of Indian affairs and Secre- tary Lamar. The latter, in December, 1885,

Samuel Crocker was managing editor in 1885, and in July of that year was arrested at Caldwell by a deputy United States marshal for "seditious con- spiracy" and "inciting insurrection and rebellion against the United States government."

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in referring to the president the draft of the proposed exclusion law, said: "The embarrassments under which the executive departments of the government have labored in the past, and notably during the fiscal year just closed, and the large expenditures incurred in expelling intruders from the Oklahoma country and other Indian lands, have been mainly due to the inadequacy of appropriate legislation on this subject." In February, 1886, the senate again passed a measure in line with the requests of the

" April 26, 1879, the president issued a procla- mation warning all evil-disposed persons who had prepared for an organized settlement upon lands known as "Indian Territory" west of the State of Arkansas that they would be speedily removed thence by the agent, according to law, and that, if necessary, the military forces of the United States would be called upon to carry the laws into proper execution.

May 1, 1879, the general of the army directed the commanding general, Division of the Missouri, to instruct the commanding general, Department of the Missouri, to use all his available troops to execute the terms of the president's proclamation, using force only on requisition of, and, when practicable, under personal supervision of, officers of the Indian bureau, or of the several agents for the Indian tribes, pursuant to sections 2147-2149 and 2150, Revised Statutes.

May 2, 1879, the general of the army, in com- pliance with instructions from the secretary of war of same date, informed the commanding gen- eral, Division of the Missouri, that the movement to settle the Indian Territory must be resisted by all the power of the government, civil and military, and advised him to order to certain points, indi- cated by the secretary of war, small detachments of troops to encamp near the southern border of Kansas to notify all emigrants who should pass into the Indian Territory that they would be act- ing in violation of law and would be ejected by force if they persisted. Mounted officers should also be posted at Coffeyville to caution emigrants that any attempt to enter and settle in the Terri- tory would result in violent expulsion, etc. All orders were to be executed firmly, but with due consideration to the misguided emigrants, etc.

May 7, 1879, the general of the army informed the commanding general, Division of the Missouri, that emigrants were going into the Indian coun try from Baxter Springs, and directed him to promptly put a stop to any such unlawful intru-

executive department, but the bill never became a law. Almost up to the date of the opening of Oklahoma, the exclusion law was urged upon Congress, President Cleveland recommending such a bill in a communication to Congress as late as Janu- ary, 1888. The detailed movements of Payne and his followers are described in a brief of papers presented to Congress by the war department and in them the story of Payne's and his followers' repeated at- tempts to July, 1885, is graphically told.5

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A history of the state of Oklahoma, Volume I, Part 28

Author: Hill, L. B. (Luther B.) Publication date: 1908 Publisher: Chicago : Lewis Pubishing Company Number of Pages: 645

Author: Hill, L. B. (Luther B.)
Publication date: 1908
Publisher: Chicago : Lewis Pubishing Company
Number of Pages: 645