USA > Oklahoma > A standard history of Oklahoma; an authentic narrative of its development from the date of the first European exploration down to the present time, including accounts of the Indian tribes, both civilized and wild, of the cattle range, of the land openings and the achievements of the most recent period, Vol. II > Part 14
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invaders in all, though most of these had not reached the ren- dezvous on the North Canadian when the settlement was broken up by the arrival of the troops.
In July, 1883, Payne applied to the United States District Court at Topeka, Kansas, for an injunction restraining the military authorities from interfering with the colonists, or "boomers," in their attempts to settle in the Oklahoma country. It seemed impos- sible to secure a hearing on this application. The next month (August 10th) a party of 250 "boomers" left Arkansas City for Oklahoma. Payne was not with them but, a month later (Septem- ber 12th), he was arrested with three associates at Wichita, Kansas, under the charge of having conspired to violate the laws of the
BOOMERS UNDER ARREST BY SOLDIERS IN THE VALLEY OF THE NORTH CANADIAN, FEBRUARY, 1883
United States. Three weeks later they were formally indicted by a Federal grand jury. Meanwhile the application for an injunction to prevent the military authorities from interfering with the settlers in the Oklahoma country was repeatedly postponed on the motion of the United States district attorney.
After the second meeting of the Cherokee Strip cattlemen, which was held at Caldwell, Kansas, in March, 1882, the ranchmen who held leases on lands in the Outlet began to fence the same into large pastures. This was regarded as a very unfavorable sign by the "boomers," who feared that the ranges of the unassigned lands might also be fenced. After the "boomers" were expelled from the territory, in the late summer of 1883, twenty-five miles of barbed wire fence, forming part of the enclosure of a big cattle pasture, which was leased and used by the Standard Oil Company, was cut and destroyed, presumably by some of the "boomers" in retaliation for being driven out of the country. The Standard Oil Company
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appealed to the United States district attorney for Kansas (James R. Hallowell), who informed the company's representative that it had no recourse. The indictment which had been brought against Payne for conspiracy to violate the laws of the United States was quashed by Federal Judge Cassius G. Foster, on the ground that the title to the Oklahoma lands was vested in the United States and that, therefore, settlement upon the same by citizens of the United States was not a criminal offense. This was Payne's first and only real victory before the courts.
The Interior Department officials were apparently quite as bitter toward Payne and his followers as were the army officers. In February, 1883, H. Price, Commissioner of Indian Affairs, submitted a recommendation to the Secretary of the Interior that the freedmen of the Choctaw, Chickasaw and Cherokee nations, whose civic status had never been fixed by the legislative councils of those tribes, . should be settled upon the lands of the Oklahoma district, appar- ently in the belief that such course would have the effect of dispos- ing of the "boomers" as well as provide a means of settling the problem of what to do with the freedmen. The attitude of the Indians Affairs office with regard to Payne and the "boomers" may be fairly judged from the following extract from the annual report of Commissioner Price for the year 1883 :
"From official reports made to the War Department and on file in this office, I learn that in the expedition which left Arkansas City for the Oklahoma lands on the 1st of February last there were about 250 persons, principally from Kansas and Missouri, including some twenty women and children, with from eighty to one hundred wagons, filled with provisions and forage sufficient to last them thirty to forty days, and with tents, furniture, agricul- tural implements, etc. They appeared in the main to be a well-to-do, quiet set of farmers, and quite a different class of people from those who had been engaged in previous similar enterprises, but they were all well armed, mostly with Winchester rifles and carbines, and among them it was reported there was one man from Wichita, Kan- sas, who had with him a full wagon-load of whisky and cigars, intending to open a saloon on arriving at their destination.
"Besides this party there were other and similar outfits which were discovered and heard of en route from Caldwell and Coffey- ville, Kansas, to join the main body. Those from Caldwell are stated to have been, with two or three exceptions, persons without Vol. II -- 10
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visible means of support, whom the citizens, though deprecating the movement, were glad to get rid of at any price.
"Payne, with his secretary, one W. H. Osburn, traveled with the Arkansas City party and, at a meeting held there the night before starting, he is said to have roundly abused the Government and the Army. From the same official sources I learn that every member who joins the Oklahoma colony pays $2.50 for a certificate of mem- bership therein, of which fifty cents are retained by the secretary and the remainder goes into Payne's pockets. * *
"I also learn that Payne issues 'land certificates' to persons who do not desire to go down themselves by which he guarantees them 160 acres of land in the 'Oklahoma Colony' in consideration of $25, which it is also stated he appropriates to his own use. I have no copy of this last mentioned certificate; but, even if there
Crpt. 1). L. PAYNE, Prest Jeat.
хать
WOHIN, Secretary.
Certificate of Membership. OFFICE OF EX
Payne's Oklahoma Colony.
Wichita, Kansas, Cepas 13th
Ch 1883
This Certifies That
Fames Banyan Samson
Ilaring paid the fee of TWO DOLLARS is a member of PAYNE'S OKLAHOMA COLONY, is entitled to all the benefits and protection of said Colony, and to an equal voice in all mullers pertaining to and the formation of its local government.
IN TESTIMONY WHEREOF The official signatures of the President and Secretary are hereto subscribed, und the seal of the Colony all.sched.
-Secretary.
President
PAYNE'S MEMBERSHIP CERTIFICATE
are no other controlling influences at work, it is manifestly a profit- able speculation for Payne himself, who is not likely to desist from starting these expeditions so long as he can find persons credulous enough to part with their money on such worthless assurances, or so long as the law in relation to trespassers on Indian lands remains in its present unsatisfactory condition."
On the other hand, the Oklahoma War Chief manifested a spirit equally bitter and, moreover, did not hesitate to resort to dema- goguery, as evidenced by the following extract which artfully asserts that the lessces mentioned were holding leases in the Okla- homa country, when, in reality, their leases were in the Cheyenne and Arapaho reservation and their contract price was indeed paid to the Indians:
"On a Government map issued by the Department of the Interior at Washington a few weeks ago and which is named and figured under the direction of Secretary Teller, Commissioners
.
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HISTORY OF OKLAHOMA
Price and McFarland, are the following described leases in the western part of Oklahoma :
No. 1. E. Fenlon 564,480
No. 2. W. E. Malaley 564,480
No. 3. H. B. Denman. 575,000
No. 4. J. S. Morrison
138,240
No. 5. L. M. Briggs 318,720
No. 6. A. G. Evans. 456,960
No. 7. R. D. Hunter
500,000
Total. 3,117,880
"Spell that out-three million, one hundred and seventeen thou- sand, eight hundred and eighty acres! Divide it up into 160-acre farms : just 19,486 farms with 120 acres left over for a soldier's home; on each farm a husband, wife and three children would be, say, or in round numbers a thriving, industrious population of 100,000 producers! And their vast domain leased to seven cattle kings! What must be said of such a policy ? Why this-Mr. Sec- retary Teller, Commissioner Price and Commissioner McFarland say those lands rent for two cents per acre, and the total rental is $62,357.60. Who gets it? It is a well known fact that there is not an Indian tribe on it and that in all of the Oklahoma country and has not been for years. Of whom, then, are the leases procured. If from the Government, has the money been conveyed into the United States treasury ? We will present something handsome to the citizen or official proving that it has. Maybe it was paid last year to the United States troops for tying United States citizens to wagon ends and dragging them like dead dogs out of that same country.
"But these are not the only public lands thus filched from the people by the cattle kings. There are other leases in Oklahoma not on this map. Why ? And empires of the public lands fenced by these monopolists from Washington territory to the Texas border, hundreds of millions of acres fattening countless herds of stock- at two cents per acre.
"Do not ask why Oklahoma has not been opened for homestead and preemption. Rather face Jerusalem and pray, 'How long, oh Lord, how long ?' "'
The beginning of the year 1884 found the popular interest in the Oklahoma movement undiminished. Instead of going into the
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forbidden region in a body, the "boomers" went singly or in small parties. There were hundreds of settlers in Oklahoma all through the summer of that year. Military forces were active, but as fast as some of the settlers could be removed to the Kansas line and lib- erated, others came in from different directions. July 23d, President Arthur issued a proclamation, forbidding the invasion of the Oklahoma country and warning all intruders to withdraw. The military authorities found it necessary to call for reinforce- ments. The course of procedure followed in removing the "boom- ers" was described by the Oklahoma War Chief as follows :
"The Secretary of the Interior complains to the President of the United States that 'intruders' and 'trespassers' are settling on Indian lands. The President thereupon (without inquiry as to whether such alleged settlement be within the limits of a regu- larly established Indian reservation or merely on the unappropri- ated public domain) orders the Secretary of the Interior to use the army in removing intruders. The latter telegraphs instructions to General Augur, in command of the Department at Fort Leaven- worth, who immediately orders detachments of troops to the field to remove intruders.
"Cattlemen can pass unmolested, but settlers are all removed. Implements are destroyed, provisions confiscated, men sometimes temporarily placed under arrest, but never tried.
"No question was ever asked as to the propriety of such policy. The President relies implicitly on representations of the Secretary of the Interior, and the Secretary of War has no choice but to carry out instructions of constituted authority and so on down to negro troopers. The suffering settlers have no redress."
Payne was arrested with seven of his most prominent followers, on the 7th of August, at Rock Falls, four miles south of Hunne- well, Kansas, in the Cherokee Strip, and was taken to Fort Smith, Arkansas, where he was again released. He was then indicted for "conspiring against the United States by intruding on Indian lands." The feeling between the "boomers" and the cattlemen of the Cherokee Strip became very bitter, the former openly charg- ing that the latter were striving to manipulate local politics along the southern border of Kansas, as well as in Washington. Weary of the thankless task of seeking to apprehend the elusive "boom- ers," the troops in the field, who were under the command of Col. Edward Hatch, systematically intercepted supplies which were intended for the intruders, thus forcing the latter to leave the country or starve. Payne was engaged in organizing another colony
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for the invasion of the Oklahoma country when he died very sud- denly at Wellington, Kansas, November 27, 1884. The Oklahoma movement was thus bereft of its tireless leader, but it was destined thenceforth to go on without him, for it had gained such headway that it no longer depended upon the enthusiasm and organizing ability of one man.
CHAPTER LIX THE STRUGGLE FOR THE RIGHT OF SETTLEMENT (CONCLUDED)
The forces which had been arrayed against the movement for the opening of the Oklahoma country to white settlement soon found that it would not end with the death of Payne. His followers were more numerous and determined than ever. Moreover, his long, patient and persistent struggle for the privilege of settling on the public lands which were not included within the limits of any Indian reservation had given a touch of pathos to the story of his death and therefore made a stronger appeal to the sympathies of the people than ever before. Under such circumstances it was not difficult to foresee that a popular demand for the opening of Okla- homa would soon follow. William L. Couch, who had been one of Payne's most active lieutenants, was chosen to succeed him as the leader of the "boomers." Couch took up the cause of the "boom- ers" with the same degree of earnestness and energy which had characterized the efforts of Payne.1
Less than two weeks after the death of Payne (December 8, 1884), Couch left the Kansas line at the head of a large colony of "boomers." Four days later (December 12th) the party reached the Valley of Stillwater Creek, where a town was laid out, claims were taken and the work of erecting cabins was begun. In Jan-
1 William L. Couch was born in North Carolina in 1850. In 1866 his father's family migrated to Johnson County, Kansas, and, four years later, settled at the Town of Douglas, in Butler County. In 1880 he became identified with Payne's Oklahoma Colony, soon becoming recognized as one of its most active leaders. He was chosen to succeed Payne immediately after the death of the latter and continued to be a prominent figure in the agitation for the opening of Oklahoma until the movement succeeded. In April, 1889, he settled at Oklahoma City, of which he was the first mayor under the provisional government. He was shot during a dispute over a homestead claim at Oklahoma City, April 14, 1890, and died six days later. '
590
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HISTORY OF OKLAHOMA
uary, 1885, President Arthur issued another proclamation, warning the intruding "boomers" to withdraw, and, immediately after- ward, a small force of troops under the command of Lieut. M. W. Day, Ninth United States Cavalry, was ordered to drive the invaders from the territory. Upon his arrival, Lieutenant Day reported
WILLIAM L. COUCH
that he had met with resistance and that, because of the superior numbers of the intruders, he had decided to await for reinforce- ments.2 Gen. Edward Hatch was sent to the scene with strong reinforcements. Arriving on the Stillwater, January 24th, with a
2 While awaiting reinforcements, Lieutenant Day's command occupied a position across the Cimarron River, a few miles north- east of Guthrie. This encampment, known as Camp Russell, was garrisoned during the greater part of the winter of 1884-85 by four troops of cavalry and a company of infantry, Maj. T. B. Dewees of the Ninth Cavalry commanding.
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force aggregating 600 officers and men and two pieces of artillery, General Hatch notified Couch that he would have to withdraw within two days and that, if he failed or refused to do so, the troops would be ordered to fire on the camps of the "boomers." With such an alternative facing them, Couch and his followers very reluctantly broke camp and retired to the Kansas border without escort. The border was continuously patrolled by troops for the purpose of intercepting supplies intended for any settlers who might have eluded the vigilance of the military authorities by attempting to remain after the main body of the "boomers" had been driven out of the territory.3
Soon after the return of the "boomers" to the Kansas line, Couch and twelve other leaders of the recent invasion were arrested, on charge of treason against the United States, and were taken to Wichita, where they were placed in jail. Despite the arrest and imprisonment of their leaders, however, the "boomers" were still active. Rumors and plans of fresh invasions were current. When the case against Couch and his associates came to a hearing in the United States District Court, a few weeks after their arrest and incarceration, General Hatch and the other prosecuting witnesses failed to appear, so the prisoners were discharged.
The "boomers" had hoped for more friendly treatment at the hands of the incoming administration, but in this hope they were doomed to disappointment. Very early in the administration of President Cleveland (March 13, 1885) an executive proclamation was issued, declaring the lands of the Oklahoma country to be Indian lands and warning intending settlers to desist from intru- sion. The disappointed "boomers," who had hoped for the mani- festation of a more lenient policy by the new President and his advisers, met and adopted resolutions of protest in which they named the intruding cattle companies which were occupying ranges in the Oklahoma country. Up to this time the military authori- ties professed to be in ignorance of the presence of the cattlemen. Such a formal complaint on the part of the "boomers" could not be ignored, however, so the intruding cattle companies were duly warned as intruders and ordered to move out. It is not recorded that the cattlemen took the notification seriously, however.
Shortly after the beginning of the Cleveland administration, Couch made a trip to Washington, where he interviewed the new
3 According to the Oklahoma War Chief, General Hatch was the guest of honor at a banquet given by the cattlemen at Caldwell.
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HISTORY OF OKLAHOMA
Secretary of the Interior (L. Q. C. Lamar) in an endeavor to secure an expression as to the attitude of the new administration with regard to the "boomers" and their efforts to settle in the Okla- homa country. The following account of the interview was pub- lished shortly afterward : 4
"Secretary Lamar said : 'What is your wish ?'
" 'I want to know what course the administration has deter- mined to pursue with reference to Oklahoma and the settlers,' re- plied Couch.
" 'Well, sir, I will state to you the policy of this administration with regard to the Oklahoma country,' said the secretary. 'It considers the Oklahoma territory on which the persons you represent are preparing to make settlement as within and part of the Indian Territory. The administration regards it as not a part of the pub- lic domain open to entry and settlement and acquisition of titles under the land laws of the United States. Being Indian country, this territory is acquired and reserved for Indian occupancy. The Government is pledged to the protection of it and the security of the Indians from intruders. No white persons have the right to go there and reside without a permit, and when they do go they are intruders acting illegally and wrongfully. The policy of the Presi- dent is to execute the pledge of the Government and to protect the Territory from the intrusion of white persons who claim that they have a right to enter upon it and that it was public domain subject to pre-emption and homestead settlement.'
" 'Is that the final decision ?' asked Captain Couch.
" 'It is and will be enforced,' said Mr. Lamar.
"In reply to a further question Secretary Lamar said the admin- istration was determined that the cattlemen on the Oklahoma reser- vation should leave. They will not be permitted to graze their cattle within the limits of that territory. He repeated declaration with emphasis."
· Charged with "seditious conspiracy and inciting insurrection," Samuel Crocker, editor of the Oklahoma War Chief, was arrested July 10, 1885, and confined in the Cowley County (Kansas) jail. After having been in prison for nearly a month, Crocker was released under bond to appear for trial, in the Federal Court, at Leavenworth, Kansas, October 12th, following. When his case was called for trial it was dismissed by the prosecuting attorney.5
4 Indian Chieftain (Vinita), April 16, 1885.
5 Samuel Crocker was born in Devonshire, England, December 24, 1845. When he was a few months old his parents came to
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HISTORY OF OKLAHOMA
From the beginning of the movement to make settlements on the public lands of the Oklahoma country, Payne, Couch and all of the other leaders professed to believe that they were acting within their legal rights, and their endeavors to secure the opening of the Okla- homa country by legal means were incessant. Finding that there was to be no change of policy under the Cleveland administration with respect to their claims, the "boomers" determined that the cattle companies should be brought to respect the law also. With this end in view they started a strong agitation against the illegal fencing of the public domain in the Oklahoma country. It proved to be a popular appeal and soon the pressure became so strong that President Cleveland issued a proclamation (August 7, 1885), order- ing that such fences be removed. This was a moral victory for the "boomers," though, in effect it was barren of results, for the cattle companies paid very little attention to it.
The "boomers" made another organized effort, under the leader- ship of Couch, to form a settlement in Oklahoma, in October, 1885, their objective being the fertile lands of the valley of the North Canadian near Council Grove, a few miles west of the site of Oklahoma City. This party was removed by troops under the com-
America, settling in Michigan, where he grew to manhood. Being of an independent disposition, he left home when quite young and inade his own way in the world. He learned the printer's trade and followed newspaper work. He had no education except that which he gained by close application to his books without the aid of a preceptor. He devoted much of his life to literary work, pub- lished several books and entered the lecture field. He became interested in the Oklahoma movement in 1884, joined the "boom- ers" in the spring of 1885, and remained one of the most active agitators from that time until the territory was opened to settle- ment, four years later. While editing the Oklahoma War Chief he was twice indicted-once for "seditious conspiracy" and once for "inciting rebellion against the United States Government," but he was never tried on either charge. He was an active member of the legislative committee which had the Oklahoma bill in charge at Washington throughout the session of Congress in the winter of 1888-89, and helped to secure its final passage as a rider to the Indian Appropriation Act. He came to Oklahoma on the opening day and has been a citizen of the state ever since. He lives (1916) in Oklahoma City, where he still continues to take an active inter- est in public affairs, always a radical in his opinions and, as a rule, may be found espousing and championing the unpopular side of a cause, which appeals to his sense of justice, with the same earnest- ness that he supported the Oklahoma movement nearly a third of a century ago.
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mand of Lieut .- Col. E. V. Sumner, Fifth United States Cavalry, November 10, 1885. This was the last organized effort on the part of the "boomers" to effect a settlement in Oklahoma. The intro- duction of a bill in Congress for the legal opening of the public lands of the Indian Territory to settlement immediately after the beginning of the first session of the Fiftieth Congress, a month later, convinced most of the "boomers" of the futility of further efforts to settle in Oklahoma without warrant of law as well as encouraged them to believe that they would soon be free to move in and take possession of the coveted lands.6
By the terms of an act of Congress approved March 3, 1885, the President of the United States was authorized to negotiate with the Creek and Seminole nations for the final extinction of their title to the Unassigned Lands (or the Oklahoma country, as it had come to be popularly called) which were situated immediately west of the tribal reservations of those Indian nations, and also with the Chero- kee Nation for the purchase of the Cherokee Outlet in order that the latter as well as the Unassigned Lands might be thrown open to white settlement. Thereupon, Dennis W. Bushyhead, principal chief of the Cherokee Nation, took the initiative in calling a con- vention or council to be composed of delegates from each of the five civilized tribes for the purpose of considering this important mat- ter. This council, which was composed of twenty-five of the leading citizens of the five civilized tribes, met at Eufaula, June 15, 1885, and, after mature deliberation, adopted resolutions protesting against the proposed opening of any lands in the Indian Territory to white settlement, there being but one dissenting vote.
Col. E. C. Boudinot, who was always radically progressive in his support of the proposed opening of the unoccupied lands of the Indian Territory to white settlement and always frank and une- quivocal in the statement of his opinions concerning public affairs, gave his views concerning the proposed negotiations with the Creek and Seminole nations for the unconditional relinquishment of the Unassigned Lands, in order that the latter might be opened to white settlement as follows : 7
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