Special Message

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 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 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 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.

CHESTER A. ARTHUR