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.
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