EXECUTIVE MANSION, _January 27, 1885_.
_To the Senate of the United States:_
In response to the resolution of the Senate of the 22d instant, setting
forth that--
Whereas the United States, in 1866, acquired from the Creek and
Seminole Indians by treaty certain lands situate in the Indian
Territory, a portion of which have remained unoccupied until the
present time; and
Whereas a widely extended belief exists that such unoccupied lands are
public lands of the United States, and as such subject to homestead and
preemption settlement, and pursuant to such belief a large number of
citizens of the United States have gone upon them claiming the right
to settle and acquire title thereto under the general land laws of the
United States; and
Whereas it is understood that the President of the United States does
not regard said lands as open to settlement and believes it to be his
duty to remove all persons who go upon the same claiming the right to
settle thereon, and for that purpose has directed the expulsion of the
persons now on said lands by the use of military force, and there seems
to be a probability of a conflict growing out of the attempt to expel
said persons so claiming right and attempting to settle: Therefore,
_Resolved_, That the President be requested to advise the Senate as
to the status of the lands in question as viewed by the Executive, the
action taken, if any, to expel persons seeking to settle thereon, and
the reasons for the same, together with any other information in his
possession bearing upon the existing controversy--
I have the honor to state that the matter was referred to the
Secretaries of War and the Interior and to transmit herewith their
respective reports thereon, dated the 26th instant.
The report of the Commissioner of Indian Affairs accompanying that
of the Secretary of the Interior recites fully the provisions of the
treaties made with the Indian tribes ceding the lands in question to
the United States, showing the condition and purposes expressed in
said treaties regarding said lands, as well as the action taken with
reference thereto, from which it will be seen that they are not open
to settlement under any laws of the United States.
The report of the Secretary of War shows the action of the military
authorities at the request of the Interior Department under section 2147
of the Revised Statutes.
The status of these lands was considered by my predecessor, President
Hayes, who on the 26th day of April, 1879, issued a proclamation[25]
warning all persons intending to go upon said lands without proper
permission of the Interior Department that they would be speedily and
immediately removed therefrom according to the laws made and provided,
and that if necessary the aid and assistance of the military forces of
the United States would be invoked to carry into proper execution the
laws of the United States referring thereto. A similar proclamation[26]
was issued by President Hayes on the 12th day of February, 1880. On the
1st day of July, 1884, I considered it to be my duty to issue a
proclamation[27] of like import.
These several proclamations were at the request of the Secretary of the
Interior.
As will be seen by the report of the Secretary of War, the military
forces of the United States have been repeatedly employed to remove
intruders from the lands in question, and that notwithstanding such
removals and in disregard of law and the Executive proclamations a large
body of intruders is now within the territory in question, and that an
adequate force of troops has been ordered to remove the intruders and is
now being concentrated for that purpose.
None of the land or general laws of the United States have been extended
over these lands except as to the punishment for crimes and other
provisions contained in the intercourse act which relate to trade and
the introduction of spirituous liquors and arms among Indians, and do
not sanction settlement. It is clear that no authorized settlement can
be made by any person in the territory in question.
Until the existing status of these lands shall have been changed by
agreement with the Indians interested, or in some other manner as may be
determined by Congress, the treaties heretofore made with the Indians
should be maintained and the power of the Government to the extent
necessary should be exercised to keep off intruders and all unauthorized
persons.