The provision that the lands conveyed were "to be sold to and used as homes for such other civilized Indians," etc., has been steadily regarded as a limitation upon the grant made to the United States. Such a construction is admitted to be the true one in many ways, especially by the continual reservation of the ceded lands from settlement by the whites, by the sale of a portion of the same to Indians, by the use of other portions as the home of Indians, and also by various provisions in proposed legislation in Congress. Thus the bill now pending for the organization of Oklahoma provides for the payment to the Creeks and Seminoles of the ordinary Government price of $1.25 per acre, less the amount heretofore paid.
The section of the law of 1885 first above quoted appears also to have been passed in contemplation not only of the existence of a claim on the part of the Creeks, but of the substantial foundation of that claim in equity, if not in law, and in acknowledgment of the duty of the Government to satisfactorily discharge the claim of the Indian people before putting the land to the free uses of settlement and territorial occupation by whites.
But it seems to have been considered that so far as the lands had been assigned they may fairly be taken to be such as under the treaty were "to be sold." As to these, they having been assigned or "sold" in accordance with said treaty, the claim of the Creeks thereto has been entirely discharged, and the title from the United States passed unburdened with any condition or limitation to the grantees. This seems to be an entirely clear proposition.
The unassigned lands must be those which are unsold, because not only is that the fair significance of the term, as used technically in conveyancing, but because the limiting condition in the Creek treaty was that the lands should be sold to, as well as used as homes for, other Indians.
| Acres. | |
|---|---|
| The total quantity of lands in the western half ofthe Creek Nation, and which were ceded in 1866, is | 3,402,428.88 |
| The assigned lands as above defined are in three bodies: | |
| 1. The Seminole country, by the treaty of 1866 | 200,000.00 |
| 2. The Sac and Fox Reservation, sold andconveyed by article 6 of the treaty ofFebruary 18, 1867 (15 U.S. Statutes atlarge, p. 495), amounting to | 479,668.05 |
| 3. The Pawnee Reservation, granted bysection 4 of the act of Congress ofApril 10, 1876 (19 U.S. Statutes atlarge, p. 29), for which the Governmentreceived the price allowed the Creeks,30 cents per acre | 53,005.94 |
| Making a total of assigned or sold lands of | 732,673.99 |
| And leaving as the total unassigned lands | 2,669,754.89 |
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: