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 15
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6 The account of the military operations involved in apprehend- ing and removing the intruding "boomers" from the Indian Terri- tory between the years 1879 and 1885, inclusive, is given in considerable detail in Senate Executive Document No. 50, Forty- eighth Congress, Second Session.
7 Indian Chieftain (Vinita), July 16, 1885.
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"Before many weeks the President of the United States will send a commission to the Creeks and Seminoles and Cherokees to nego- tiate for the purchase of two millions of aeres eeded to the United States by the two first named nations by their treaties of 1866, called 'Oklahoma' and of over six million of aeres belonging to the Cherokees called the 'Cherokee Strip.' These two traets of land stand in entirely different attitudes. The Creeks and Seminoles sold the Oklahoma lands to the United States for a specified priee and have received the money for them. It was the understanding at the time of such sale that the lands were to be used for a particular purpose, and because of such understanding the Creeks and Semi- noles no doubt agreed to and did receive much less than the lands were really worth. It is true these lands are worth much more now than in 1866, but it is also true that they were really worth more then than what they were sold for. The Cherokees sold the 'neutral lands' in Kansas for $1.25 per acre the same year that the Creeks sold theirs for thirty eents and the Seminoles theirs for fifteen cents per aere; but the Cherokees sold their land for white settlement and the Creeks and Seminoles theirs for 'friendly Indians and freed- men.' The quality of the lands did not warrant this difference in price.
"The United States now proposes to pay an additional amount for the unoceupied lands of the Creek and Seminole purchase called the 'Oklahoma lands' and to open them up to white settlement. There is no half way ground in the negotiations which will soon be proposed by the commissioners. If the Creeks and Seminoles are willing to negotiate there will be no difficulty in agreeing upon the additional amount to be paid them. If they refuse to negotiate the commissioners will report sueh refusal to the president and he will lay the matter before Congress. As to the Cherokee Strip I believe an overwhelming majority of the Cherokee people are opposed to selling an acre of it.
"If the Creeks and Seminoles decide to aeeept more money for their ceded lands, one hundred thousand white settlers will oeeupy them in eighteen months from this time; Oklahoma will be filled to overflowing in less than two years; the tide will sweep over its borders into the lands adjoining and a louder elamor than has yet been heard for the opening of the Indian Territory will fill the land. In my opinion if the negotiations with the Creeks and Seminoles are sueeessful nothing ean prevent the populating of the Indian Territory with white men in the near future. But what will be the consequenee if they refuse to negotiate? There is danger of that,
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too. The popular branch of Congress has signified a desire to open these Oklahoma lands to white settlement by a vote of 240 to 7, while the Senate was practically unanimous in favor of the same thing. These lands will never again pass into the possession or occupancy of the Creeks and Seminoles. There is only one possible way in which this could be done, and that possible way we all know will never be accomplished. That way would be for the Creeks and Seminoles to pay the United States the money with interest which the United States paid them in 1866. The Creeks and Seminoles have not the money which they can use for that purpose, and the United States would not receive it if they had. Looking at the matter in a commonsense light it seems that if the Creeks and Semi- noles negotiate it will result in overrunning the whole territory in a very few years with white settlers; and if they refuse to negotiate the irrepressible conflict between the boomers and cattlemen and army will go on, to end at last in the triumph of the boomers and the settlement of the lands without the Indians having any voice in their valuation. If the Creeks and Seminoles refuse to negotiate they will in effect say-'We prefer that these Oklahoma lands shall remain in their present condition.' That would all be very well if such a thing were possible, but I for one do not believe it is pos- sible, and hence I think that their best interest requires them to get as much money as they can for them and prepare in common with the other nations for the radical changes which will inevitably result.
"I am opposed to selling an acre of the Cherokee Strip and believe its leasing was a violation of the constitutional rights of the Cherokees as well as a gross violation of the laws of the United States. It may not be possible to undo the leasing at this time, but we can prevent any similar leasing of the lands after the expiration of the present lease. *
In his annual report to the adjutant general of the Military Division of the Missouri for 1885, Brig-Gen. Nelson A. Miles, com- mander of the Department of the Missouri (who had accompanied General Sheridan to the territory, which was included in the limits of his own department, a few months before), saw fit to make the following observation and recommendation : 8
"The object in reserving the Indian Territory as a place where the scattered tribes of Indians from Texas, Missouri, Kansas, and
8 Annual Report of the Secretary of War for 1885, Vol. I, pp. 153, 154.
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other States and Territories could be congregated and removed from before the advancing settlements was humane and judicious, and it has accomplished its mission. The Indian Territory is now a block in the pathway of civilization. It is preserved to perpetuate a mongrel race far removed from the influence of civilized people ; a refuge for the outlaws and indolent of whites, blacks, and Mexicans. The vices introduced by these classes are rapidly destroying the Indians by disease. Without courts of justice or public institutions, without roads, bridges, or railways, it is simply a dark blot in the center of the map of the United States. It costs the Government hundreds of thousands of dollars to peaceably maintain from 60,000 to 80,000 Indians there, when the Territory is capable of supporting many millions of enlightened people.
"I am convinced that the time has arrived for a change, and I therefore recommend that Congress authorize the President to ap- point a commission of three experienced, competent men, empowered to treat with the different tribes; to consider all legal or just claims or titles; to grant to the Indian occupants of the Territory a suffi- cient quantity of land in severalty required for their wants and support, but not transferable for twenty years; that their title to the remainder be so far extinguished as it may be held in trust or sold by the Government, and a sufficient amount of the proceeds granted them to indemnify them for any interest they may possess in the land; that enough of said proceeds be provided to enable the Indians in the Territory to become self-sustaining. The land not required for Indian occupation to be thrown open for settlement under the same laws and rules as have been applied to the public domain."
With this progressive view of the situation, Lieut .- Gen. Philip H. Sheridan saw fit to take decided issue, as the following extract from his annual report to the Secretary of War bears witness : 9
"I cannot agree with General Miles in his recommendations re- garding the Indian Territory, or in his confidence in the ability of the Indian to make himself self-supporting in so short a time. All our experience heretofore does not warrant such confidence, and such opinions should be regarded as individual rather than repre- sentative of the Army. The processes of civilization must neces- sarily be slow, and will no doubt be worked out in time if firmness and fair treatment is observed and a steady policy be pursued, but the ultimate result is still some distance in the future. When a
9 Ibid., p. 63.
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tribe becomes refractory or has worked itself into a state of open revolt, its temporary transfer to the control of the military for purposes of discipline, as has recently been done with the Cheyennes and Arapahoes in the Indian Territory and the Apaches in Ari- zona, will be found of benefit, but the permanent control of the Indians is not desired by the Army at large."
Shortly after the Forty-ninth Congress convened in . December, 1885, a bill was introduced which had for its object the opening of the unoccupied public lands of the Indian Territory to settle- ment. This bill was prepared by former Representative Sidney Clarke, of Kansas, at the instance of Senator Charles H. Van Wyck, of Nebraska, and of Representatives James B. Weaver, of Iowa, and William M. Springer, of Illinois. Thenceforth, the struggle for the right of settlement on the unoccupied public lands in the Indian Territory was transferred to the halls of Congress.
NO-MAN'S-LAND
That part of the lands ceded to the United States by Texas in 1850 which was bounded on the north by Kansas and Colorado, on the east by the Cherokee Outlet, on the south by the Texas Pan- handle and on the west by New Mexico still remained unattached to any state or territory. It continued to be a part of the wilderness of the Great Plains region until the virtual disappearance of the buffalo herds and the retirement of the Indians to their reserva- tions, about 1875, though a few cattle ranches had been established in the region of the Upper Cimarron River, as early as 1869. After 1875 the number of cattle ranches was greatly increased. In 1882 and 1883, most of these ranches were purchased by two of the big British syndicates, which controlled most of the region until the fences were ordered to be removed from Government lands. In time, this strip of land, which was not attached to any state or territory, came to be called No-Man's-Land.
In 1885-86, there was a heavy tide of immigration into South- western Kansas and Southeastern Colorado. Soon the settlers began to swarm across the border into No-Man's-Land. In 1886 two coal mines were opened in the western part of the present Cimarron County and a townsite, known as Mineral City, was laid out. Sev- eral towns were also projected in the eastern part of No-Man's-Land, including Beaver City, in the valley of Beaver Creek. In the spring of 1887, it was estimated that No-Man's-Land contained a population of about 6,000.
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There were no Government land offices, so there could be no absolute ownership of lands. The settlers were also without law, either local or national. As a class, they were peaceable and orderly but a land without law always has its attractions for turbulent and unruly spirits, so desperadoes and horse thieves soon made trouble in the No-Man's-Land settlements. The people promptly organized vigilance committees and put such a check on the outlaw class that a measure of order was restored. In No-Man's-Land, as elsewhere, when the people had to take the law into their own hands, the measures resorted to were sometimes harsh, but when evil doers had no respect for the rights of others, it was necessary to fill them with terror.
ADOBE RANCH HOUSE, CIMARRON COUNTY
The settlers could not file on homesteads because no Government land office had jurisdiction over the public lands of No-Man's-Land. Disputes over claims were numerous and the lawless element made claim "jumping" a regular business. Finally, the settlers held a meeting at Beaver, at which there was organized a "Claim Board" for the purpose of passing upon such disputes. A set of rules was also adopted for the guidance of the "Claim Board" in its delibera- tions and actions. The "Claim Board" held its meetings at the Town of Beaver, which was the metropolis of No-Man's-Land settle- ments. This town had a population of about 700, in 1887. The nearest railroad station was at Dodge City, Kansas, distant about eighty miles.
Many of the settlers in No-Man's-Land believed that a territorial government should be organized to supersede the makeshift vig-
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ilance committee and claim board organizations. The claim board issued a call for an election to be held in November, 1886, for the purpose of choosing delegates to a convention which should con- sider the matter and take such action as might be deemed expedient. The delegates thus chosen met at Beaver, March 4, 1887, and, after due consultation and deliberation, passed a declaratory act, organiz- ing the Territory of Cimarron, with the capital at Beaver. The No- Man's-Land country was divided into five counties, named respec- tively Benton, Beaver, Palo Duro, Optima and Sunset. The members of the convention were constituted a legislative body, which pro- ceeded to enact numerous laws. O. G. Chase was nominated by the Beaver convention as a candidate for delegate to Congress. Another party, led by Rev. R. M. Overstreet, then called a convention to be held at the rival of Rothwell. It placed John Dale in nomination as a candidate for delegate to Congress, favored the attachment of No- Man's-Land to Kansas for judicial purposes, proposed to divide the tract into three counties and urged the establishment of a Govern- ment land office at Voorhees, Kansas, with a district jurisdiction that should include the No-Man's-Land country. An election was ยท held in November, 1887, at which a full set of territorial officers, a new Legislature and a delegate to Congress were chosen. Dr. J. R. Linley was elected governor, Thomas P. Braidwood, secretary of state, and O. G. Chase, delegate to Congress.
When Congress reconvened, in December, 1887, O. G. Chase presented himself at the capital and asked for recognition as the duly elected delegate from the Territory of Cimarron. The pre- vailing sentiment seemed to be in favor of his recognition as a terri- torial delegate and a resolution was offered by Representative William M. Springer of Illinois, giving him a seat in the House as such. John Dale, who had been the rival candidate, contested his election, however. The Springer resolution, together with the Dale contest, was therefore referred to the committee on elections, which never rendered any report.
The second Legislature of the Territory of Cimarron was in session most of the time during the winter of 1887-88. Representa- tive James Burns, of Missouri, introduced a bill in Congress to pro- vide for the organization of the Territory of Cimarron. In the spring of 1888, the opposition to the Oklahoma bill (which was being pressed for action), made a desperate effort to have the No- Man's-Land country annexed to Kansas, hoping thus to cripple the Oklahoma movement, but the attempt failed. The Beaver legis- lative party, anticipating the passage of the Burns bill for the Vol. II-11
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organization of the Territory of Cimarron, proceeded to hold another election in November, 1888, at which a full complement of territorial officers were chosen and also a new delegate to Congress. The whole contention was due to the activities of the promoters of the rival townsites of Beaver and Rothwell and to the machina- tions of ambitious politicians. During the summer of 1888, several men were killed in No-Man's-Land as a result of a county seat war across the line, in Stevens County, Kansas. This event served to strengthen the popular demand for local civil government.
CHAPTER LX
THE OKLAHOMA QUESTION IN CONGRESS
The Oklahoma question attracted much attention in Congress from the time the bill for the opening of the Unassigned Lands to settlement was introduced at the beginning of the first session of the Forty-ninth Congress. The opposition to this measure was strongly entrenched, however, and it did not make much headway in consequence. This opposition to the opening of the vacant public lands of Oklahoma came principally from two sources, namely, the cattlemen who had large herds of stock in the territory and were loath to give up their ranges, and the Indians, who naturally re- garded the proposed change as the beginning of an invasion which would ultimately result in changing the old order whereas they preferred to live on in their own way and to cling to their own institutions. The live stock interests claimed to have maintained no lobby in Washington for the purpose of influencing legislation 1 but, on the other hand, it was openly charged (and never success- fully refuted) that a number of senators and representatives were interested in some of the cattle companies which held memberships in the Cherokee Strip Live Stock Association.2
1 A memorial addressed to the President of the United States, November 27, 1889, by the members of the Cherokee Strip Live Stock Association, contained the following statement in this regard :
"Although bitterly attacked by a hostile portion of the news- paper press, and by some members of Congress, we have at no time had any agent, lobby or influence at the seat of Government, seeking to influence legislation. The nature of our pursuits and the char- acter and disposition of our people have disqualified us from responding to the defamations and calumnies, which seem well nigh to have convinced the public mind that the individual who has, or has had, an interest in cattle on the range, is little better than a highwayman and a bandit and is worthy of penal reprobation."- Printed copy of memorial, p. 15.
2 As an instance of the spirit of accord between the cattlemen and some of the leaders in Congress, even before the organization of the Cherokee Strip Live Stock Association, the following extract
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When the Fiftieth Congress convened, in December, 1887, the Oklahoma measure was again introduced and, as before, was champ- ioned by its old friends, Weaver and Springer, together with Rep- resentative Charles Mansur, of Missouri. During the winter and the early part of the following spring, the Oklahoma Bill occupied a great deal of attention in Congress. Its friends were no more determined than its enemies, however, the latter being aided by strong lobbying forces. On the 26th of April, 1888, the opponents of the Oklahoma Bill made a desperate effort to have the so-called No-Man's-Land attached to Kansas, hoping thus to cripple the Okla- homa movement, but the attempt resulted in failure.
The agitation for the opening of the unoccupied lands in the Indian Territory had the effect of attracting increased attention to Indian affairs generally and, incidentally, led to the introduction of several novel measures into Congress for the purpose of regulat- ing the same. One of these, which was the occasion of considerable sarcastic comment in the Indian Territory, was introduced in the Senate by Senator Henry L. Dawes, of Massachusetts, and had for its object the discouragement of further intermarriages between Indians and whites. In the House, Representative S. W. Peel, of Arkansas, introduced a bill to authorize the people of the Indian Territory to elect a territorial delegate to the Fifty-first Congress. Representative George T. Barnes, of Georgia, introduced a measure as a substitute for the Springer Bill, one of the purposes of which was to provide for the removal of all Indians in the territory to
copy of a letter, dated at Washington, District of Columbia, Jan- uary 19, 1883, from United States Senator Preston B. Plumb of Kansas to E. M. Hewins, who was shortly afterward chosen a director of the association under its articles of incorporation, bears evidence :
"Yesterday the Secretary [of the Interior] wrote a letter to the President, strongly recommending that the Government buy the entire Cherokee Strip. The President will transmit this to Congress in a day or two. Of course, if the Government buys the land, it will be covered with squatters within two months and the cattlemen will have to leave. Of course, also, I cannot help but take the settlers' side when they find the land is that of the Government. But, on account of my friendship for you, Titus, Hamilton and others, I feel that I ought to let you know what is going on. Please say nothing about this to any one until you have thought it all over and have written to me. I shall be glad to aid you, in all proper ways of course. Talk with Hood also about it if you think best."- From copy contained in the correspondence of the late Charles H. Eldred, a director of the Cherokee Strip Live Stock Association.
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lands lying east of the 98th Meridian in order that the entire western part of the territory might be thrown open to white settle- ment.
Meanwhile, Messrs. Springer, Weaver and Mansur did not suc- ceed in making much headway with their Oklahoma Bill. The oppo- sition threw every possible obstacle in the way and, as the first session lengthened out, other matters seemed to crowd it aside. The excitement incident to a presidential campaign also tended to detract from the popular interest in the proposed legislation for the legal opening of Oklahoma to white settlement. But however, much the popular interest in the Oklahoma movement may have seemed to lag during the summer and autumn of 1888, it was appar- ent that it was but a temporary lull, for when Congress reconvened in December, it gave evidence of added strength. Couch, Clarke and Crocker, who were the personal representatives of the "boom- ers," were on the ground to watch every movement and urge imme- diate action. The business interests of adjacent states began to take an active part in the matter. An Oklahoma convention was held at Baxter Springs, Kansas, December 18, 1888, which was largely attended by representatives of various parts of Kansas and Missouri. It memorialized Congress to pass the Oklahoma Bill. A similar convention was held at Fort Smith, Arkansas, January 24, 1889, and gave formal expression to the same sentiment. But the winter wore away with little or no show of progress toward the passage of the Oklahoma Bill.
During the winter of 1888-89 the Indians of the five civilized tribes were represented at Washington by delegations which in- cluded some of their ablest men and leaders. While it is probable that some of them realized that it would be impossible to do more than postpone the final passage of the bill providing for the open- ing of the Unassigned Lands to white settlement under the home- stead laws, yet they nevertheless kept up an active and effective opposition until it became apparent that further effort in that line was useless.
The Indian delegation included Col. George W. Harkins (Choc- taw but representing Chickasaws), W. P. Boudinot, Cherokee (nephew of Stand Watie), L. B. Bell (Hooley in Cherokee), Ispar- hechar and Col. G. W. Grayson (Creek), Judge B. W. Carter (Che- rokee-Chickasaw), Senator George Sanders ("Soggy") and Stan W. Gray (Cherokees), Campbell LeFlore (Choctaw), and Sam Paul (Chickasaw).
Hooley (Bell) was asked by a member of Congressional com-
-
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mittee on territories: "Mr. Bell, what do you do for a living?" With a serio-comic expression on his face Hooley replied, "Various things. I practice law a little, farm some, run for office occasionally, now and then take a hand at poker and never miss a horse race if I can get to it. The rest of my time I spend in trying to fool God like you white people do."
Hooley could quote poetry in two or three languages ; Boudinot was one of the most artistic performers on the piano in Washington, while old Soggy could sing like a whole camp meeting. Isparhechar was described as "the noblest Indian of them all," to look at-a pure blood Muscogee, then past sixty years old.
One day this council of delegates from the five tribes invited some other Indians who happened to be at Washington, to attend their weekly session. The latter, mostly Sioux and Chippewas, came fantastically arranged in blankets, feathers and paint. Soggy, who was very progressive (though he could only read and write in Che- rokee, and spoke but very few words of English), was disgusted. Before any of his associates knew what was on his mind he took the floor and began to lecture the guests. Soggy weighed 300 pounds and could be funny or impressive as he pleased. On that particular occasion he didn't wait for the formal ceremonies incident to passing the pipe of peace but, stepping out in front of the blanketed visitors, he said : "No more buffalo-no deer." Then pausing and impress- ively pointing to the garb of those whom he addressed, he shook his head with a look of contempt and exclaimed : "Blankets, no good- feathers, no good-paint! ugh!" Then his manner changed to one of earnest advice and, going through a most elaborate and significant pantomime, he continued : "Injuns must work-plow-raise corn -cattle-good clothes-get fat."
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