in that behalf, delivered a proper release or conveyance to the United
States of all the lands mentioned in the act, which was accepted by
me and certified to be in compliance with the statute.
By the terms of both the acts referred to all the lands so purchased
were declared to be a part of the public domain and open to settlement
under the homestead law. But of the lands embraced in these purchases,
being in the aggregate about 5,500,000 acres, 3,500,000 acres had
already, under the terms of the treaty of 1866, been acquired by the
United States for the purpose of settling other Indian tribes thereon
and had been appropriated to that purpose. The land remaining and
available for settlement consisted of 1,887,796 acres, surrounded on all
sides by lands in the occupancy of Indian tribes. Congress had provided
no civil government for the people who were to be invited by my
proclamation to settle upon these lands, except as the new court which
had been established at Muscogee or the United States courts in some of
the adjoining States had power to enforce the general laws of the United
States.
In this condition of things I was quite reluctant to open the lands to
settlement; but in view of the fact that several thousand persons, many
of them with their families, had gathered upon the borders of the Indian
Territory with a view to securing homesteads on the ceded lands, and
that delay would involve them in much loss and suffering, I did on the
23d day of March last issue a proclamation[3] declaring that the lands
therein described would be open to settlement under the provisions of
the law on the 22d day of April following at 12 o'clock noon. Two land
districts had been established and the offices were opened for the
transaction of business when the appointed time arrived.
It is much to the credit of the settlers that they very generally
observed the limitation as to the time when they might enter the
Territory. Care will be taken that those who entered in violation of the
law do not secure the advantage they unfairly sought. There was a good
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