Show J OCCUPATION OF INDIAN LANDS A Letter on the Subject From Jen nicCook to Secretary Lamar WASHINGTON July Secretary Lamar has received a letter from Gen McCook ex Governor of Colorado relative to the power of the Government to prevent illegal occupation occu-pation Inndsln the Indian Terriloiy The writer asserts that the law declares the Secretary Sec-retary of the Interior has full control of all Indian affairs under the laws subject to direction di-rection by the President that certain cuii tracts may be made by individuals with Indians relative to services in procuring the payments of all claims but no authority exists ex-ists for making contracts of any other na ure and if made they are null and void hnt no purchase grant lease or other conveyance con-veyance of lands or of any title or claim thereto from any Indian nation or tribe of Indians In-dians shall be of any validity in law or equity unless the same shall be made by treaty or convention entered into pursuant to the Constituton that only the United States can make any contract with any Indian nation or tribe whether by purchase lease or otherwise other-wise and the United States can do so only by formal agreement and that the President may employ the military to remove trespassers tres-passers from the Indian lands General McCook substantiates the above points by citations from the Revised Statutes and declares the United Staten can make agreements respecting Indian lands only with the Indians themselves and not with third parties and only with Indians by agreement ratified by Congress Notwith standing the positive prohibitions of tho law against the leasing or conveyance of lands by Indian tribes substantially all tho lands ill Indian Territory sot aside for exclusive Indian occupation General McCook says are in the possession of white men under leases from the Indians who had no power to lease and with tho tacit recognition of the Interior Department under a former administration which he believes had no I power to recognize or assent to any such I lease or possession The spirit of the long amid eloquent ap peal with which the latter concludes is contained tamed in the following quotation Being as tho leases unquestionably are wholly unauthorized authorized and illegal as well as improvident improvi-dent should there be an instants hesita tion in tho summary exercise of the power and authority of the Government in dispossessing possessing the holders under them |