which by reasonable labor will secure an ample support for each Indian who now wanders around as a day laborer, with no definite knowledge of where his home is located, and who, although entitled to a home by reason of a common ownership in the lands, is now too poor and weak and ignorant to demand and secure his rights. This class of poor Indians needs to be raised up by the adoption of the policy here forshadowed. By the fifteenth article of the Cherokee treaty of 1866 (14 Stat., page 803) it is provided that The United States may settle any civilized Indians, friendly with the Cherokees and adjacent tribes, within the Cherokee country, on unoccupied lands east of 96°, on such terms as may be agreed upon by any such tribe and the Cherokees subject to the approval of the President of the United States. This treaty further provides that the Indians who may thus be settled among the Cherokees are to have a district of country, set off for their use by metes and bounds, equal to 160 acres for each member of said tribes, at a price to be agreed upon, provided the consent of the Cherokee Nation is first obtained prior to such settlement. Here 160 acres is made the basis of the homestead. I believe that, except in a few cases covered by specific treaty stipulations, such as the Omahas, Sioux, and Yakamas, allotments made to Indians by the Government have not exceeded 160 acres to an Indian. The quarter-section is universally recog nized by the Government as the limit of the homestead; 160 acres is the recognized standard number. But I would not confine the members of the five civilized tribes to 160 acres. I only think that all lands in those nations should be divided in severalty equally among the population, so that those members of the tribes who now stand mutely by and see members of their own race occupy and cultivate their lands and pocket the proceeds may be put in actual possession of that which belongs to them. I shall refer, hereafter, to the untold ills among the five civilized tribes, caused by the want of courts having jurisdiction over all crimes committed by all persons. But before taking up that subject I desire to reiterate that the full and complete remedy for the numerous evils that afflict those people lies deeper than the incomplete system of judicature which prevails within their limits. These people have, in a great measure, passed from a state of barbarism and savagery. Many of them are educated people. They have fine schools and churches. They are engaged in lucrative business of various kinds. In fact, so far as outward appearances go, there would seem to be very little difference between their civilization and that of the States. And yet when we come closely to investigate the laws and customs of their system of government, it is radically different from that of any of our States. Nowhere in the United States, except in polygamous Utah, and a few inconsiderable and widely scattered villages, is there a white community that pretends to hold property, and especially lands, in common. This is the fundamental error from which proceed the troubles which afflict the five nations. The practical operation of this system of holding creates an aristocracy out of a few wealthy and powerful leaders, while the poor, although equal owners, are so impoverished as not to be able to assert their equal rights of property and manhood. I am not recommending that Congress shall undertake to do anything with reference to these five civilized tribes which is inhibited by the treaties. But I do advise the nations themselves to awake to a true appreciation of their own situation, and to have respect for that public opinion in this country which makes laws and forms States and which has thus far protected them in their treaty rights. I do advise our red brothers, whose interests I desire to see promoted, to advise with each other and to act wisely by passing just and equal laws for the division of lands in severalty, allotting to each member of the tribe his own birthright. The treaties I hope to see observed. But where the continued observance of those treaty obligations works an injury to the Indians by alienating from them the mass of the people of the United States, who are by instinct opposed to all monopoly, or where it does great injury to the Indians themselves, it seems to me it is the duty of the Indians to agree among themselves to a modification of those treaties-to remodel all such laws and customs as give a monop oly to a few (or even to many), and to place themselves abreast the times and in accord with the ideas of free and equal citizenship which prevail in this great country. Territorial government.-If the Indians of the five civilized tribes would then put away tribal relations, and adopt the institutions common to our Territories or States, they would no longer be subjected to the jealousy, contention, and selfish greed of adventurous land-grabbers who now seem to regard the Indian a legitimate object of prey and plunder. These adventurers do not attempt to dislodge and drive from their domiciles the peaceful white settlers in their distant homes. Let these Indians once assume all the responsibilities of citizens of the United States, with its laws extended as a protecting ægis over them, and the day of their fear and apprehension of marauding whites will be forever ended. When this is done then will the five civilized tribes, and perhaps other tribes of the Indian Territory, be ready to form a territorial government and pass, as other Territories, under the protec tion of our Constitution and laws and be represented in Congress by their own delegate. The great objection that is urged by the Indians to dissolving their tribal relations, allotting their lands, and merging their political form of government into an organized Territory of the United States, arises out of their excessive attachment to Indian tradition and nationality. I have great respect for those sentiments. They are patriotic and noble impulses and principles. But is it not asking too much of the American people to permit a political paradox to exist within their midst-nay, more, to ask and demand that the people of this country shall forever burden themselves with the responsibility and expense of maintaining and extending over these Indians its military arm, simply to gratify this sentimentality about a separate nationality? No such exclusive privilege was granted the Pueblos of New Mexico, nor the inhabitants of California, Utah, and Arizona, or any of the more northern Territories, including Alaska. It is alleged that Congress has no power, in view of the treaties with those Indians, to do away with their present form of government and institute in its stead a Territorial government similar to those now existing in the eight organized Territories. While I greatly prefer that these people should voluntarily change their form of government, yet it is perfectly plain to my mind that the treaties never contemplated the unAmerican and absurd idea of a separate nationality in our midst, with power as they may choose to organize a government of their own, or not to organize any government nor allow one to be organized, for the one proposition contains the other. These Indians have no right to obstruct civilization and commerce and set up an exclusive claim to self-government, establishing a government within a government, and then expect and claim that the United States shall protect them from all harm, while insisting that it shall not be the ultimate judge as to what is best to be done for them in a political point of view. I repeat, to maintain any such view is to acknowledge a foreign sovereignty, with the right of eminent domain, upon American soil-a theory utterly repugnant to the spirit and genius of our laws, and wholly unwarranted by the Constitution of the United States. Congress and the Executive of the United States are the supreme guardians of these mere wards, and can administer their affairs as any other guardian can. Of course it must be done in a just and enlightened way. It must be done in a spirit of protection and not of oppres sion and robbery. Congress can sell their surplus lands and distribute the proceeds equally among the owners for the purposes of civilization and the education of their children, and the protection of the infirm, and the establishment of the poor upon homesteads with stock and implements of husbandry. Congress cannot consistently or justly or honestly take their lands from them and give or sell them to others except as above referred to, and for those objects alone. The sentiment is rapidly growing among these five nations that all existing forms of Indian government which have produced an unsatisfactory and dangerous condition of things, menacing the peace of the Indians and irritating their white neighbors, should be replaced by a regularly organized Territorial form of government, the territory thus constituted to be admitted at some future time as a State into the Union on an equal footing with other States, thereby securing all the protection, sympathy, and guarantees of this great and beneficent nation. The sooner this sentiment becomes universal the better for all concerned. SURPLUS LANDS IN INDIAN TERRITORY. The vast surplusage of land in the Indian Territory, much of it, too, not surpassed anywhere for fertility and versatility of production, which can never be utilized by the Indians now within its borders nor by their descendants (for it is not probable that there will be any material increase in numbers of Indian population), must sooner or later be disposed of by Congress some way or other. Were all the Indians of the United States to be uprooted and transplanted to this Territory, all living Indians, including those now resident there, could have 2563 acres each. This is estimating the whole Indian population of the United States, excluding Alaska, at 260,000. As the Indian Territory has an area of 64,222 square miles, or about 520 acres for each person now in the Territory, of course the problem presents itself for public consideration, What disposition or division of the Indian Territory can be justly, fairly, acceptably, and harmoniously made? The Kiowas and Comanches, the Wichitas and the Cheyennes and Arapahoes, are the only tribes in the Indian Territory located west of longitude 98°. The reservation of the Cheyennes and Arapahoes is simply set aside by executive order, and the Indians occupying this tract do not hold it by the same tenure with which the Indians in other parts of the Indian Territory possess their reserves. In my last report I suggested that, as Oklahoma is surrounded on three sides by territory now occupied by Indians, its settlement by white people, even were it lawful, would be attended with considerable risk to the peace of both races. Also, that if it should be thought by Congress desirable to open to white settlement any part of the Indian Territory, it would be safer and better for all concerned, and especially the Indians, that the Cheyennes, Arapahoes, Kiowas, Comanches, and Wichitas be removed east, either to Oklahoma or to any other unoccupied land east of longitude 980, and that all lands west of that line be valued and sold at a fair price, and the proceeds reserved for the civilization of the Indians. Below is given an interesting table, showing the whole number of acres in the Indian Territory east and the whole number west of longitude 98°, and the distribution of population: Total number of acres in Indian Territory .......... Number of acres of unoccupied lands in Indian Territory east of 98°. 41, 102,546 13,740,223 27.362,323 3,683, 605 7,616 68,183 75,799 359 It is apparent that, as there are now only 7,616 Indians west of longitude 98°, if these Indians were placed on the 3,684,305 acres of unoccupied lands east of that meridian, each Indian would have 483 acres, an area of land far in excess of what he would need. But we also see from this table that there are west of 980, including Greer County, 13,740,229 acres, which would be sufficient to furnish homes of 100 acres each to 137,402 people; and supposing each settler to have five in his family, it would support a population of 687,010 souls. Add to this "No Man's Land," lying immediately west and adjoining, containing 3,672,640 acres, and we see at once that there is territory enough in those two areas to found a State equal in size to many States of this Union. Another advantage of this arrangement would be that the Indians would be together in a more compact form, while the whites would be by themselves. When my last report was made the time and circumstances were an. spicious for the adoption of these suggestions, if Congress entertained them at all, for the reason that at that time the Indians west of 980, especially the Cheyennes and Arapahoes, had been severely admonished by the Government, by a display of military force, that they would no longer be permitted to obstruct those of their tribe who de sired to adopt the white man's way. To this admonition almost universal heed was given, and a large number at once began to prepare for settling down and cultivating the soil. In consequence of this recent change in their wishes and habits, very many houses have been erected and a large acreage of sod broken and extensive crops cultivated. A year ago these Indians had less to attach them to their homes than they now have, and therefore their removal east would have been less distasteful then than now. Nevertheless, as the distance is short and the lands to which they might be moved are much superior to those which they now occupy, I doubt not that, by paying them for their improvements or by making similar improvements on their new homes, they would cheerfully obey the wish of Congress should that body conclude to remove them to Oklahoma or to some other fertile unoccupied lands east of 98°. During the last twelve months these Indians have not only made rapid progress in farming, but also in a disposition to have their children educated, more than two-thirds of the Cheyenne and nearly all the Arapaho children having been eurolled in school. I am recently and reliably informed by a leading missionary and Indian educator that if sufficient buildings are furnished, all of their children of school age will be at school in the course of another year. Great efforts have been made by these Indians, and far more has been accomplished in the last year in the way of farming than ever before. At this time a general wish prevails among them for the construction of dwelling-houses. All these facts taken into consideration, it become apparent that if it should be the desire of Congress to dispose of this section of the Indian Territory, it will be attended with embarrassment even now, and of course, as the Indians open and improve farms and build houses and prepare to live, they will become more attached to their homes and less disposed to emigrate, even to better lands which are but a short distance away. My apology, if apology is needed, for presenting these facts and suggestions somewhat earnestly, arises from my deep conviction that the proposition to throw open Oklahoma to white settlement, surrounded as it is by Indians on three sides, would be an experiment dangerous to all concerned, and especially would the Indians west of Oklahoma be abraded and eventually obliterated by the surging waves of white population striking upon them from all directions. This subject is of very great importance; and in view of the persistent efforts which have been inade by parties more or less organized to possess themselves of lands within the Indian Territory regardless of law and the rights of these Indians, and in view, too, of the action of a large number of Representatives as expressed by bills presented and speeches made in Congress, I feel it my duty especially to invoke your consideration of the subject, not only as a matter of justice and right and the interest of the indians, but also as a respectful recognition of the demands of those Representatives whose opinions and views are entitled to the highest respect. I therefore recommend, as a preliminary step, that Congress authorize the Department to appoint a commission, who shall visit the Cheyennes and Arapahoes, the Wichitas and the Kiowas, Comanches and Apaches, in the Indian Territory, to ascertain their views with reference to the subject of removal to lands in said Territory east of 98°. If any portion of the Indian Territory is to be opened to white settlement, then I think the suggestions which I have offered are the most practical and would cause the least possible dissatisfaction and injury to the Indians. Those of the Western tribes who would be immediately affected by this action could suffer only temporary inconvenience by removal. The same improvements which they now have could easily be made for them and at little expense in their new home, and the improvements already made on their present location could be sold at their value to purchasers. But until Congress takes definite action upon this subject this office will feel it to be its duty to press forward the settling upon lands or homesteads of all the Indians west of Oklahoma, and to encourage them to open farms, erect houses, and make other improvements as rapidly as possible; for no time ought to be lost in teaching these people to support themselves, and to stop all work and improvement would throw them into a state of idleness which would soon lead to crime and disorder, if not to actual conflict among themselves and with their white neighbors. U. S. COURT IN THE INDIAN TERRITORY. The present anomalous condition of legal affairs among the five civilized nations calls for wisest counsel and for the most prudent and thoughtful consideration of the executive and legislative departments of this Government. It is well known that within their borders are many people of foreign or white blood who are intruders, and who are absolutely independent of Indian statutes, and are also independent of |