Of this total quantity of unassigned land which is subject to the
negotiations provided for under the law of 1885 there should be a
further division made in considering the sum which ought fairly to be
paid in discharge of the Creek claim thereto.
I. In that part of these lands called the Oklahoma country no Indians
have been allowed to reside by any action of the Government, nor has any
execution been attempted of the limiting condition of the cession of
1866.
The quantity of these lands carefully computed from the surveys is
1,392,704.70 acres.
II. The remainder of these unassigned lands has been appropriated in
some degree to Indian uses, although still within the control of the
Government.
Thus by three Executive orders the following Indian reservations have
been created:
Acres.
1. By President Grant, August 10, 1869, the
reservation of the Cheyennes and Arapahoes,
which embraces of this land 619,450.59
2. By President Arthur, August 15, 1883,
the reservation for the Iowas, containing 228,417.67
3. By President Arthur, August 15, 1883,
the Kickapoo Reservation, embracing. 206,465.61
4. A tract set apart for the Pottawatomies by the
treaty of February 27, 1867 (15 U.S. Statutes
at large, p. 531), followed by the act of
May 23, 1872 (17 U.S. Statutes at large, p. 159),
by which individual allotments were authorized
upon the tract, though but very few Indians have
selected and paid for such allotments according
to the provisions of that law. The entire quantity
of the Pottawatomie Reservation is 222,716.32
This shows the quantity of lands unassigned, but
to some extent appropriated to Indian uses by the
Government, amounting to 1,277,050.19
For the lands which are not only unassigned, but are unoccupied, and
which have been in no way appropriated, it appears clearly just and
right that a price of at least $1.25 should be allowed to the Creeks.
They held more than the ordinary Indian title, for they had a patent in
fee from the Government. The Osages of Kansas were allowed $1.25 per
acre upon giving up their reservation, and this land of the Creeks
is reported by those familiar with it to be equal to any land in the
country. Without regard to the present enhanced value of this land, and
if reference be only had to the conditions when the cession was made, no
less price ought to be paid for it than the ordinary Government price.
Therefore in this, provisional agreement which has been made with the
Creeks the price of $1.25 has been settled upon for such land, with the
deduction of the 30 cents per acre which has already been paid by the
Government therefor.
As to the remainder of the unassigned lands, in view of the fact that
some use has been made of them of the general character indicated by the
treaty of 1866, and because some portion of them should be allotted to
Indians under the general allotment act, and to cover the expenses of
surveys and adjustments, a diminishment of 20 cents per acre has been
acceded to. There is no difference in the character of the lands.
Thus, computing the unassigned and entirely unappropriated land, being
the Oklahoma country, containing 1,392,704.70 acres, at 95 cents per
acre, and the remainder which has been appropriated to the extent above
stated, being 1,277,050.19 acres, at 75 cents per acre, the total price
stipulated in the agreement has been reached--$2,280,857.10.
But as it was desirable that the Indian title should be beyond all
question extinguished to all parts of the land ceded by the Creeks in
1866, with their full consent and understanding, the agreement of
cession has been made to embrace a complete surrender of all claim to
the western half of their domain, including the assigned as well as the
unassigned lands, for the price named. So the agreement takes the form
in the first article of such a cession, and in the second article is
stipulated the price in gross of all the lands and interests ceded, with
no detailed reference to the manner of its ascertainment.
The overtures which led to this agreement were made by representatives
of the Creek Nation, who came here for that purpose. They were
intelligent and evidently loyal to the interests of their people. The
terms of the agreement were fully discussed and concessions were made by
both parties. It was promptly confirmed by the National Council of the
Creek Indians, and its complete consummation only waits the approval of
the Congress of the United States.
I am convinced that such ratification will be of decided benefit to the
Government, and that the agreement is entirely free from any suspicion
of unfairness or injustice toward the Indians.
I desire to call especial attention to the fact that to become effective
the agreement must be ratified by the Congress prior to the its day of
July, 1889.
The draft of an act of ratification is herewith submitted.