Payne Invasions Into Indian Territory

File started years ago by RKW...
PAYNE INVASIONS INTO INDIAN TERRITORY
Winfield Courier, June 10, 1880
Capt. David L. Payne's invasion of the Indian Territory has come to grief, as everybody expected.  Payne and his "colonists" have been arrested by a detachment of the Fourth Cavalry, under command of Lieut. Gale.  And there was no fight, notwithstanding Payne's vehement declarations that all of the streams of the Indian Territory would run with gore if any attempt was made to interfere with him and his colonists. Sedan Times.
Winfield Courier, July 15, 1880
It is reported that Capt. Payne has again invaded the territory, this time from Arkansas City with twenty-five men, and expects reinforcements.  He thinks he is a "bigger man than Uncle Sam."
Winfield Courier, July 22, 1880
Washington, July 17.  General Pope telegraphed to the War Department this morning of the arrest of Payne and 22 of his followers, and asked for instructions as follows.  "Am I to understand that the government wishes this gang turned over to the U. S. Marshal at Fort Smith, Arkansas, for trial?" The Secretary of War will order the delivery of Payne and his men to the civil authorities for safe custody, and in the meantime, as some new questions are involved in the case, the matter will be referred to the Attorney General for his opinion as to the mode of civil prosecution to be instituted against them.
Winfield Courier, August 12, 1880
Capt. Payne and three others who are arrested for the second time have been sent to Fort Smith for trial.  Fifteen of the Oklahoma company who had not been arrested but once were taken to the state line and ordered to skip.
Winfield Courier, September 23, 1880
We learn that there is some excitement in this county on account of the belief that Dave Payne has been tried at Fort Smith and acquitted on the ground that the law gives any citizens the right to settle and occupy under the preemption, homestead, and town site acts, any lands which belong to the government; and that under this belief many are making arrangements to invade and occupy that certain tract of 36,000 acres in the Territory immediately south of here, which has not been set apart to any particular tribe of Indians.
None of the above beliefs are true. Payne has not been tried, has not been acquitted. He was taken to Fort Smith and there gave his recognisance to appear for trial at the set time,  (In November, we think), and was released. When first found in the Territory, he was arrested, escorted to the line, and told to leave. The second time he was arrested, taken to Fort Smith, and held for trial, as just stated. The next time he will be held in jail for trial.
There is no law to the effect that every tract of land owned by the government is subject to settlement. No one believes that the law gives one a right to settle on the reservations at Leavenworth and other forts. The whole Indian Territory is a reservation for the purpose of establishing the various Indian tribes thereon. Most of it years ago was parceled out to Indian tribes. Within the last ten years five different tribes have been assigned to certain other tracts and what remains is held by law for the purpose of receiving other tribes that may be brought in.

These are the facts in the case and those who go there to settle or speculate will fool away their time and money and get into trouble. Only those who are sharp enough to get away with the money of their dupes will gain anything.
Winfield Courier, November 18, 1880
Capt. Payne, the Oklahoma boomer, is ill with fever at Mulvane.
Winfield Courier, December 2, 1880
Capt. Dave Payne and other boomers do not succeed very well in getting up such a grand rush to the Indian Territory as to overpower the government as they assert was done at the Black Hills. Concluding that their inability to repeat the Black Hill experiment arises from the lack of a gold excitement, there are now in circulation canards about the discovery of gold, silver, and lead in the Wichita Mountains, and the boomers are being organized into mining companies.
Winfield Courier, December 9, 1880
Though we have had occasion to say some unpleasant things of Judge W. P. Campbell, as a fair and impartial journalist we should say good things of him when we think he deserves it. We expressed our admiration of his course two years ago when he had the manliness to assert his clear and sound views of the currency question in the face of general popular clamor. He now exhibits the same clear, strong sense in an article in the Eagle on the Oklahoma boom. We give an extract. Read it. It will do good.
"To the Editor of the Eagle:
I wish, through the Eagle, to give my views of Payne's raid upon Oklahoma. My purpose is to do what I can to save a few honest, hard-working men from being entrapped into a scheme that is not intended for their benefit, and can only end in loss to anyone who has anything to lose, and trouble and difficulty to all who go to Oklahoma in opposition to the National authorities.
I echo the sentiments of a large majority of the solid businessmen and farmers of this city and county, when I say that no honest laboring man can afford to be used by these Oklahoma boomers. And it is the wish of all such that their scheme will fail, as it certainly will. There is a sense of justice and honor and a disposition to abide by the law characteristic of the American people that when the test comes, will knock the wadding out of all such business.
Payne and his coadjutors pretend that there is no act of Congress against his going into the Oklahoma country, so called. But the law is too plain to be explained away on a flimsy techni­cality. The law prohibits anyone going into the Indian country without leave, and makes it the duty of the President to remove all intruders, and for that purpose to use the army if necessary. A second intrusion subjects the offender to a fine of one thou­sand dollars. The phrase "Indian country" is one of long and well understood meaning and includes Oklahoma as much as it does any Indian reservation, within the limits of the Indian Terri-

tory. Payne and his crowd laugh at this penalty inasmuch as it is merely a civil liability, and does not subject them to impris­onment. But before they can succeed in this movement, they must have the cooperation of men who are not indifferent about such matters. The only hope they have of success is to precipitate into the country such numbers that the army will be powerless to remove them until Congress shall be forced to recognize and legalize their occupancy.
If they could find the precious metals to tempt the cupidity of man, their scheme, lawless as it is, might succeed. But when you ask a man to risk his little all, and go to hard work, plowing in the ground, he is in no haste to do so. The average Oklahoma boomer is little given to plowing, except by proxy. He expects to reap a rich harvest from the sweat of other men's brows, and unless they delude a significant number of poor workingmen into the idea that by joining the expedition they can better their condition and obtain a valuable homestead in this promised land, their speculations will prove fruitless.
If asked to give the best reasons for opposing the Oklahoma raid, I answer, because it is not right. It sets at defiance the laws and treaties of the National Government, and the President cannot, under his oath of office, permit it to be done, and is charged by every consideration of honor, good faith, and duty, to prevent it, by the whole power of the army, if necessary.
Winfield Courier, December 16, 1880
The reports from the boomers along the line of the Indian Territory were so conflicting all last week that on Saturday the COURIER sent a reporter to the field of operation to get the facts.
On Monday the boomers began to arrive and go into camp near Arkansas City. Capt. Dave Payne was on hand and in command. He impressed strangers as a large, good looking gentleman not very talkative, but evidently having a strong purpose, which he meant to carry out as effectively as possible without resisting the troops. Beside them were camped about thirty U. S. cavalrymen under Lieut. Mason. Gen. C. H. Smith, of Gen. Pope's staff was also present. On Tuesday evening the boomers held a meeting with bonfires and illuminations, and Capt. Payne addressed the assem­bly in a moderate speech. Mayor W. W. Bloss, of the Chicago Times was present and made a few remarks. A petition to the president was read.
On Thursday the boomers had accumulated to the number of about eighty men and twenty-five wagons and they broke camp and started on their expedition. They moved on Westward and camped on Bitter Creek on the Kansas side of the line, the troops following in the wake.
It was given out that they would cross the line the next morning. Gen. Smith informed them that his orders were to arrest the "whole outfit" and take them to Fort Reno and there hold them prisoners until released by the govern­ment. Friday morning Capt. Payne did not move as was expected. He was inclined to avoid a collision with the troops. The boomers were hot and dissatis­fied. They wanted to fight and called Capt. Payne a coward. They held a meeting and deposed Payne and elected Major Mains, of Wichita, as their general and leader.
On Saturday morning they took up their line of march, but instead of entering the territory they marched westward and camped at Shoo Fly creek near Hunnewell close to the state line. The troops camped close by, just across the line in the Territo­ry. Col. Coppinger arrived and took command. Accessions to the boomers arrived from Caldwell and other points so that on Sunday there were in camp about fifty wagons and one hundred and eighty men. They are organized in eight military companies under eight captains with Mains at the head.

In a conversation with Col. Coppinger and Lt. Smith, Maj. Mains said they should disregard the president's orders and enter the territory at every hazard unless forbidden by Congress. The horses of the troops are in good condition, but those of the boomers present a scrawny woe begone appearance.
Major Randall with two more companies of cavalry was expect­ed to join Col. Mason on Monday the 13th. One company of cavalry is occupying the Oklahoma town site and picking up stragglers. Other companies are watching the threatened incursions from Texas and other points. It was told at Hunnewell that considerable numbers of boomers had already entered the territory from Caldwell and other points, probably for the purpose of stimulat­ing those at Hunnewell to desperation. Statements of persons who should know show that these reports were not true. Our reporter found both opposing forces in camp at the place near Hunnewell, and first visited the boomer camp where was found about 180 rough but apparently earnest, hardworking men with about fifty wagons.
The reporter was escorted by a gay company of young people, consisting of a versatile reporter for the Monitor, who amused the company on the route with speeches and songs. Mr. Ed. Rolland, Mr. J. Houston, a young attorney, Miss Grace Scoville, and Miss May Roland, Mr. and Mrs. Lem Cook, and Miss Summers were down from Caldwell to see the battle. These visitors together first paid their respects to the boomer camp, and were invited to remain and attend their religious services.
The visitors attend­ed and furnished a part of the music for the occasion. The congregation united in singing, "Hold the fort for we are coming, Oklahoma still. Waive the answer back to Kansas, By thy grace we will."  The sermon was delivered by the colony chaplain, supple­mented by remarks from another boomer. The reporter forgets their names. A large flag was floating over the camp and the congrega­tion sang, "Rally 'round the flag."  Capt. Payne was called on and made a few remarks. The general and Lieutenant from the other camp attended the service by special inviation. After services the visitors were invited to partake of refreshments with the boomers, which they did with great relish, for camp life was new and interesting at least to the ladies.
      Capt. Payne and others, including Major Bloss, treated the visitors with cordial coutesy, and made their visit very pleas­ant. They visited the camp of the troops where they were courte­ously received. There was found everything orderly and neat. There were a dozen tents looking trim, forty fine horses standing ready to be saddled and mounted on a moment's notice, and forty well clad and equipped soldier boys ready for action on like notice. One of the saddlers was asked how they expected to cope with so many boomers. He answered that the boomers were not well equipped or disciplined, and that no serious difficulty was expected. He did not think they would attempt to cross the line; but if they did, they would be easily disposed of. Some of the soldiers were practicing shooting at a red handkerchief on a bush, but all were civil and quiet. The contrast between the two camps was very great.
Our reporter thought Hunnewell a hard place to get anything to eat and in other respects. At about 4 o'clock p.m. the visitors left for Arkansas City, where they arrived at 8 o'clock in the evening, returning to Winfield the next day. The conclu­sion arrived at, is that the stories and press reports afloat about the boom are grossly exaggerated.
Winfield Courier, December 23, 1880

Further advices from the boomers say that they are camped at Caldwell 180 strong, or rather weak. That the troops are camped near them, that their "forward or fight" principles have not rushed them into the territory yet, that the new commander, Maidt, is not more anxious for a fight than Dave Payne, that the leaders are spending their time selling shares in the Oklahoma Town Company at $25 each, and in telegraphing exaggerated accounts of their strength, courage, and determination to the associated press, and that they are awaiting the effect of these dispatches on congress.
NOTE:  THIS ARTICLE STATED NEW LEADER WAS "MAIDT."
Winfield Courier, December 23, 1880
A correspondent of the Globe Democrat predicts an Indian raid from the territory that will penetrate as far as Topeka. If the Indian raid is not more penetrating than the boomer raid on the territory, it will not be dangerous.
Winfield Courier, December 23, 1880
The U. S. Senate rather "sat down on" the Oklahoma boom on Tuesday. Senator Cockrell presented the petition of the boomers, and after discussion as to whether it should be referred to the committee on territories or to committee on Indian affairs, it was ordered to lie on the table.
Winfield Courier, December 23, 1880
While in Arkansas City, Monday, we had the pleasure of meeting W. Heimke, quarter master general. He is a graduate of West Point, and as is usual with West Pointers, he has secured for a wife one of the most handsome women we ever met. Gen. Heimke was down on business in regard to the Oklahoma boom.
Winfield Courier, December 23, 1880
Hon. J. R. Hallowell, U. S. district attorney for Kansas, in company with Capt. Smith, deputy U. S. marshal, honored our city with their presence on last Tuesday. Two livelier, whole-souled fellows cannot be found in Kansas.
The situation is still unchanged in regard to the Oklahoma raiders. They are still at Hunnewell, and the expedition is a failure: more for reason of brave intelligent leadership than anything else. Payne is nothing more than a drunken blather­skite.
Winfield Courier, January 6, 1881
A new move is being organized to settle the Oklahoma lands. This is to colonize the exodusters there. It is claimed that under the terms of the treaties, these freedmen have a special right to settle on these lands. They say that they have been outraged and driven from the south, that these lands were pur­chased for them, that they are farther south than Kansas or Indiana, and the climate is more congenial to them, and there is no reason that they should not occupy the land. If on examina­tion their position is found to be correct, they will not be interfered with by the government we suppose.
Winfield Courier, January 6, 1881
Dr. Wilson has called on the president and is perfectly astounded by the ignorance of the president concerning the rights of the Oklahoma boomers.
Dr. Wilson's journey to Washington on behalf of the Oklahoma boomers has proved a complete failure. There is now nothing left for them but to fight or disperse.
[FROM TRAVELER]

Winfield Courier, January 20, 1881.
A Payne-killer is wanted in Southern Kansas, warranted to remove Payne for good on short notice.
From a letter to one of our citizens, we learn that Capt. Payne will be here with the Oklahoma boomers sometime this week. He may come, and he may not.