By 1880 most of the western lands of Indian Territory had been assigned to the Plains Indian tribes and, after some conflict, these Native Americans had settled on their reservations.

But a large tract of land in the center of the territory remained unassigned to any tribe. This area became known as the Unassigned Lands or the Oklahoma Lands.

Originally this tract of land had been part of the Creek and Seminole Nations, but both tribes had ceded the land to the United States in the 1866 treaties following the Civil War. The United States had not paid these two tribes for this land, so it technically still belonged to them. For some time, few people realized this unoccupied section of land existed.

Then Cherokee railroad attorney Elias Boudinot wrote a letter to the press telling about the Oklahoma Lands. It was widely published in newspapers throughout the country. The railroads wanted the lands settled and did everything possible to stir up interest, proclaiming these Unassigned Lands as the “richest in the world.”

Suddenly everyone was interested in this unassigned section of Indian Territory. Without even knowing exactly where the Oklahoma Lands were located, land-hungry settlers began moving into the territory, claiming land they had no right to.

The Five Civilized Tribes loudly protested these actions, and the government sided with them. President Rutherford B. Hayes issued two proclamations warning all U.S. citizens to stay out of Indian Territory. African-American cavalry units from Fort Sill and Fort Reno, known as the Buffalo Soldiers, routinely patrolled the central section of the territory, politely but firmly escorting the squatters out.

Then a man named David Payne became the self-proclaimed leader of a movement to get the Oklahoma Country opened for settlement. He formed the Southwestern Colonization Co. and charged a fee for anyone who wanted to join. This group became known as the “Boomers.” For the next decade the Boomers periodically made efforts to settle in the Unassigned Lands. Each effort drew more attention from the press and more pressure on the government to open the lands.

The Five Civilized Tribes pressed for Payne’s arrest, and he was taken to the federal court in Fort Smith. He was tried for “conspiring against the United States” and Judge Isaac Parker fined him $1,000 for trespassing on Indian lands. But Payne was unrepentant and continued to lead groups of Boomers into Indian Territory.

Payne died in 1884, but the Boomers persisted in their efforts. In 1889, they succeeded in convincing Congress to open the Oklahoma Lands for settlement.

Reach Jonita Mullins at jonita@netscape.com.