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. This seems
to be an entirely clear proposition.

The unassigned lands must be those which are unsold, because not
only is that the fair significance of the term, as used technically in
conveyancing, but because the limiting condition in the Creek treaty was
that the lands should be sold to, as well as used as homes for, other
Indians.

The total quantity of lands in the western half of the Acres.
Creek Nation, and which were ceded in 1866, is 3,402,428.88

The assigned lands as above
defined are in three bodies: Acres.

1. The Seminole country,
by the treaty of 1866 200,000.00

2. The Sac and Fox Reservation, sold and
conveyed by article 6 of the treaty of
February 18, 1867 (15 U.S. Statutes at
large, p. 495), amounting to 479,668.05

3. The Pawnee Reservation, granted by
section 4 of the act of Congress of
April 10, 1876 (19 U.S. Statutes at
large, p. 29), for which the Government
received the price allowed the Creeks,
30 cents per acre 53,005.94

Making a total of assigned or sold lands of 732,673.99

And leaving as the total unassigned lands 2,669,754.89

Of this total quantity of unassigned land which is subject to the
negotiations provided for under the law of 1885 there should be a
further division made in considering the sum which ought fairly to be
paid in discharge of the Creek claim thereto.

I. In that part of these lands called the Oklahoma country no Indians
have been allowed to reside by any action of the Government, nor has any
execution been attempted of the limiting condition of the cession of
1866.

The quantity of these lands carefully computed from the surveys is
1,392,704.70 acres.

II. The remainder of these unassigned lands has been appropriated in
some degree to Indian uses, although still within the control of