Annual Report of the Commissioner of Indian Affairs - 1890

Page 78

, .. LXXII REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. ..: , The sixth se'ction of the act of March 1, 1880 (23 Stats:, 784), estab-lishing a United States court in the Indian Territory, repeals all laws : . having the effect to prevent the five civilized tribes in said Territory from entering into leases or contracts with others than their own citi-zens for mining coal for a period not exceeding ten years. , . The opinion of the Attorney-General above referred to does not apply to such Indian tribes as are authorized by lam to enter leases affecting their reservation lands. This opinion has governed the Department in dealing with the qnestion of leases of Indian lauds, and none covered by ithave been approved or recognized by the Department. Nevertheless, on many reservations in the Indian and Oklahoma . Territories, the Indians hare nndertakeu to enter into leases with the cattlemen for grazing privileges upon their reservations, and num-bers of cattle have been allowed to remain thereon so long as no complaint against their presence mas made by the Indians. Nothing has been done by this office or the Department, howewr, which may be construed as an acknomledg~nent of the right of these cattlemen to graze the lands covered by their agreements with the Iudians. As a necessary incident to the presence of cattle under such circum-stauces, large numbers of uoauthorized perso~ls who are to a great de-gree not within the control of the agent, have been brought upon the reservation, and the periodical money payments made by the cattle-men have had a tendency to demoralize the Iudians and render the111 un~villingt o work. The President, February 17, 1890, lnadc the following proclama-tion: Whereas that portion of the Indian Territory, oammonly known sa the Cherokee Strip or Outlet, has been for some years io theocoupanoy of an associatianorasaoeia-tions of white persons under certain eoutracts, said to have been made with the Cherokee Nation iu the nature of a lease or leases for grazing purposes; and \Thereas an opinion has been given to me by the Attoruey-General, concurring with the opinion given to my predecessor by the late Attorney-General, that whatever the right or title of said Cherokee Nation or of the United States to or in said lands may be, no right exists in seid Cherokee Nation under the statutes of the United States to make such leases or -er aziu-e oontracts. and that suoh contractn are whollv illegal aud void; and Whereas the continued use of aaid lands thereuuder for grazing purposes is preju- - ~ - ~ dieial to the public ioterests ; Now, therefore, I, Benjstllin Harrison, President of the United States, do hereby proclaim and ;ire notioe: First. That no cattle or li ve stook shall hereafler be hronght upon said lands for herding or grazing thereon : Second. That all oattie and other live stock now on said Outlet; must be removed therefrom not later thao October 1, 1890, and so much sooner as said lands or any part of them may be or beoarne lawfully open to settlemeut; by citizens of the United States; and that all persons counsoted with said cattle compsnies or associations u,~:st, not later than the time l~bovein dicated, depart from aaid lands. In witness whereof I hare hereunto set mr hand and caused the seal of the United St;rtes to be ataned.