The eighth section of the Indian appropriation bill approved March 3,
1885, authorized the President "to open negotiations with the Creeks,
Seminoles, and Cherokees for the purpose of opening to settlement under
the homestead laws the unassigned lands in the Indian Territory ceded by
them respectively to the United States by the several treaties of August
11, 1866, March 21, 1866, and July 19, 1866." This section also contains
an appropriation in furtherance of its purpose, and requires that the
action of the President thereunder should be reported to Congress.
The "unassigned" lands thus referred to should be construed to be those
which have not been transferred by the United States in pursuance of the
treaties mentioned in the section quoted.
The treaty with the Creeks is dated June 14, 1866. It was confirmed by a
Senate resolution passed July 19, 1866, and was proclaimed August 11,
1866 (14 U.S. Statutes at Large, p. 785).
The third article of the treaty makes a cession of lands in the
following words:
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, to be divided by a line running north and south;
the eastern half of said Creek lands, being retained by them, shall,
except as herein otherwise stipulated, be forever set apart as a home
for said Creek Nation; and in consideration of said cession of the west
half of their lands, estimated to contain 3,250,560 acres, the United
States agree to pay the sum of 30 cents per acre, amounting to $975,168.
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