Unassigned Lands

Unassigned Lands, or Oklahoma, were in the center of the lands ceded to the United States by the Creek (Muskogee) and Seminole Indians following the Civil War and on which no other tribes had been settled. By 1883 it was bounded by the Cherokee Outlet on the north, several relocated Indian reservations on the east, the Chickasaw lands on the south, and the Cheyenne-Arapaho reserve on the west. The area amounted to 1,887,796.47 acres (7,640 km²).

The Indian era

The Treaty of Indian Springs, February 12, 1825, provided for a delegation of Creeks to visit the west in order that "... they may select any other territory, west of the Mississippi, on Red, Canadian, Arkansas, or Missouri Rivers..." to replace their lands in Georgia. A dispute arose between the Lower Creek Council, which signed the treaty, and the Upper Creek Council, which objected. The dispute led to the killing of General William McIntosh, the chief of the Lower Creeks, and left the treaty in doubt. Despite that, the Creeks were relocated to the west. On February 14, 1833, the Treaty of Okmulgee was signed at Fort Gibson. In it the Creeks finally agreed to cede their lands in the east. Article 2 of the 1833 treaty defined the land chosen under the 1825 treaty as being west and south of the Cherokee lands and bordering the Canadian River on the south and the Mexican border on the west.

In the Seminole Treaty signed March 28, 1833, but not ratified, the Seminoles agreed to settle on the Little River portion of the Creek lands in Indian Territory. Some Seminoles moved but the rest retreated, resulting in the Second Seminole War. After the Second War, most of the Seminoles moved to the Indian Territory. A treaty between the Creeks and Seminoles, ratified August 16, 1856, gave the Seminoles the agreed upon tract of Creek land between the Canadian River on the south and the North Fork of the Canadian River on the north.

The divisions within the Creeks continued up through the Civil War when the Council, under control of the Lower Creeks, signed a treaty with the Confederacy on July 10, 1861. Creek support for the South was not unanimous however. In a series of confrontations, Opothleyahola's pro-Union Creeks, belonging mostly to the Upper Creeks, were driven into Kansas during the winter of 1861-62 with a huge loss of life among themselves and their few Seminole allies under Halleck Tustenuggee.

When the Confederacy lost the Civil War, the United States forced the Creeks into a new treaty. Under Article 3 of the 1866 Creek Treaty, they agreed to cede the western portion of their lands—"In compliance with the desire of the United States to locate other Indians and freedmen thereon, the Creeks hereby cede and convey to the United States, to be sold to and used as homes for such other civilized Indians as the United States may choose to settle thereon... the west half of their entire domain ..." for " ... the sum of thirty (30) cents per acre [74.13 $/km²] , amounting to nine hundred and seventy-five thousand one hundred and sixty-eight dollars..."

The Seminole's active support of the Confederacy cost them much more than it did the Creeks. Article 3 of the Seminole Treaty, ratified July 19, 1866, required that "... the Seminoles cede and convey to the United States their entire domain ..." for "... the sum of three hundred and twenty-five thousand three hundred and sixty-two ($325,362) dollars, said purchase being at the rate of fifteen cents per acre [37.07 $/km²] ."

In the same treaty, the Seminoles were the first tribe relocated to the ceded Creek land. Several tribes of Eastern Indians were also moved to the eastern end of the ceded Creek land. The Absentee Shawnee and Citizen Band of Pottawatomi shared a reserve; also, the Sac and Fox; later the Kickapoo were moved in; and lastly, the Iowa. The combined Cheyenne Arapaho tribe was given the western end of the Creek and Seminole land along with some land ceded from the other tribes. Most of the former Creek and Seminole land, as was true for the rest of central and western Indian Territory, was leased from the Indian tribes by large cattle ranching companies.

The pro-settlement campaign

"During the Choctaw-Chickasaw Treaty negotiations of 1866, the Principal Chief of the Choctaws, Allen Wright, coined the term oklahoma and suggested it as the name for all of Indian Territory. (Oklahoma Historical Society)"

In about 1879, Elias C. Boudinot began a campaign, perhaps at the behest of one of his clients, the M-K-T Railroad, to open the land "unoccupied by any Indian" to settlement by non-Indians. He pointed out in a letter published in 1879 that four of the Five Civilized Tribes, unlike the Cherokee, had extinguished their complete title to the lands ceded following the Civil War and received full payment. Also, that, "Whatever may have been the desire or intention of the United States Government in 1866 to locate Indians and negroes upon these lands, it is certain that no such desire or intention exists in 1879. The Negro since that date, has become a citizen of the United States, and Congress has recently enacted laws which practically forbid the removal of any more Indians into the Territory." He put forth the view that that area was now Public Land and suggested the names "Unassigned Lands" and "Oklahoma" for the district.

In an attempt to prevent encroachment, President Rutherford B. Hayes issued a proclamation on April 26, 1879, forbidding tresspass into the area, "...which Territory is designated, organized, and described by treaties and laws of the United States and by executive authorities as the Indian's country...". It was too late. Almost immediately speculators and landless citizens began organizing and agitating for the opening of the land to settlement. The newspapers generally referred to these pro-settlement forces as "Boomers" and followed Boudinot's lead in referring to the area as the Unassigned Lands or Oklahoma.

The Boomers planned excursions, which they called raids, into the area and surveyed townsites, built homes, and planted crops. The United States sent troops to round them up and expel them. The raids continued for several years. The Boomers tried to get a legal opinion as to the status of the public lands, but the government, instead of charging them for illegal settlement of Indian land, charged them only under the "Intercourse Act". Finally, in "United States vs. Payne" in 1884, the United States District Court at Topeka, Kansas ruled that settling on the Unassigned Lands was not a criminal offense.

The government refused to accept the decision and the raids continued. Finally General Pleasant Porter, the Creek Council's delegate to Washington, offered to relinquish all Creek claims to that part of the ceded territory which remained unassigned. On January 31, 1889, the United States and the Creeks agreed to quit any claims to title of the land. The Creeks received approximately $2,250,000.

The settlement and statehood

The Springer Amendment was immediately added to the Indian Appropriation Act of 1889 to authorize settlement under the provisions of the Homestead Act of 1862. The amendment, however, denied the settlers their squatter's rights. The lands were to be settled by a land run. The original settlers were rounded up and expelled. On April 22, 1889, the Oklahoma lands were settled by what would later be called the "Run of '89". Over 50,000 people entered on the first day, among them several thousand former slaves and descendants of slaves. Tent cities grew overnight at Oklahoma City, Kingfisher, El Reno, Norman, Guthrie and Stillwater, which was the first of the settlements.

Federal troops provided law enforcement and the closest criminal and civil jurisdictions were the federal courts in Fort Smith, Arkansas. Despite that, the district was generally peaceful. Most land disputes were settled without bloodshed, although a few took years to resolve.

The Organic Act of 1890 incorporated the Unassigned Lands into the new Oklahoma Territory. Under the act local officials were appointed to handle civil and criminal matters until elections were held. In 1907 Oklahoma became the 46th state.

ources

*Kappler, Charles (Editor). [http://digital.library.okstate.edu/kappler/Vol2/treaties/cre0214.htm "Treaty with the Creeks, 1825"] . "Indian Affairs: Laws and Treaties". Washington: Government Printing Office, 1904. 2:214-217 (retrieved August 16, 2006).

*Kappler, Charles (Editor). [http://digital.library.okstate.edu/kappler/Vol2/treaties/cre0388.htm "Treaty with the Creeks, 1833"] . "Indian Affairs: Laws and Treaties". Washington: Government Printing Office, 1904. 2:388-391 (retrieved August 16, 2006).

*Kappler, Charles (Editor). [http://digital.library.okstate.edu/kappler/Vol2/treaties/cre0931.htm "Treaty with the Creeks, 1866"] . "Indian Affairs: Laws and Treaties". Washington: Government Printing Office, 1904. 2:931-937 (retrieved August 16, 2006).

*Kappler, Charles (Editor). [http://digital.library.okstate.edu/kappler/Vol2/treaties/cre0756.htm "Treaty with the Creeks, etc., 1833"] . "Indian Affairs: Laws and Treaties". Washington: Government Printing Office, 1904. 2:756-763 (retrieved August 16, 2006).

*Kappler, Charles (Editor). [http://digital.library.okstate.edu/kappler/Vol2/treaties/sem0910.htm "Treaty with the Seminole, 1866"] . "Indian Affairs: Laws and Treaties". Washington: Government Printing Office, 1904. 2:910-915 (retrieved August 16, 2006).

*Meserve, John Bartlett. [http://digital.library.okstate.edu/Chronicles/v009/v009p439.html "Chief Opotheleyahola"] , "Chronicles of Oklahoma" 9:4 (December 1931) 439-453 (retrieved August 16, 2006).