In the later part of the 19th Century, a conflict arose at the southern Kansas border that had not been seen in any other part of the west. The seed of the dispute germinated through a land grab movement by settlers who coveted the fertile Cherokee land south of Kansas. They were especially irked by a grazing lease arrangement cattlemen had negotiated with the Cherokee Nation As early as 1878, cattlemen maintained lease arrangements with the established sovereign government of the Cherokee Nation, whereby large tracts of the reservation were grazed at a per head rate.

The envious settlement movement, known as the Boomers, set about to lobby and press the federal government for release of the land into the public domain that they might obtain “homestead” property, even though public land was available all across the west, with land still available for settlement in Kansas.

The Boomers, led by David Payne, invaded Indian Territory in May 1880. The colonists established a camp on the North Canadian River. The camp was christened “Ewing” (present- day Oklahoma City). Government officials viewed the settlement as an illegal incursion. The Boomers were arrested by military authorities May 15. The prisoners were escorted to Fort Reno and from there they were ushered north to the Kansas border, where they were released on June 7, 1880.

The situation cooled for years as Boomers sought to lobby Congress for the release of Cherokee Lands. Payne again led the Boomers south of Hunnewell, Kan., to establish Rock Falls on the banks of the Chikaskia River in May 1884.

In a letter dated May 31, 1884, cattleman Ben Miller notified Principal Chief Bushyhead that farmers were invading leased lands south of Hunnewell. Estimates of Boomers on the Cherokee Outlet numbered 2,000 illegal intruders.

Boomers continued to buck the fact that the Cherokees owned their own land. They hoped to attract public sympathy by representing the cattlemen as a privileged illegal class that occupied land prohibited to the common man. The Boomers wanted the public to believe, “The government owes to its own people every valuable tract of tillable land within our nation’s borders.” Never mind the sovereign rights of the Cherokee Nation.

The cattlemen operated cooperatively as the Cherokee Strip Livestock Association. Director E. M. Hewins submitted that the Boomers were “Cheeky fellows” with a newspaper whose main intent was to lie about the Indians in a most shameful manner. Obviously, the lies were similarly directed toward the cattlemen and anyone who supported them.

U. S. President Chester A. Arthur issued a proclamation against the Boomers, declaring that “settlement of Indian lands would be dealt with by military force if necessary.”

The colonists stayed. A representative of the Bureau of Indian Affairs arrived at Rock Falls with an order to vacate. Payne refused the order.

Three weeks later, Payne was confronted by the commander of the Military District of Oklahoma, Department of the Missouri, Col. Edward Hatch. The Boomers were given the opportunity to leave quickly and quietly or face expulsion by federal troops. Payne not only refused, but threatened to have Col. Hatch arrested.

One day later, Aug. 7, 1883, two companies of the 9th U. S. Cavalry Buffalo Soldiers placed the colonists under arrest. The leaders were taken to Fort Smith, Ark., for trial. All others were escorted north to the Kansas border. Rock Falls was burned.

Judge Cassius G. Foster of the United States District Court at Topeka ruled that settling on “unassigned lands” was not a criminal offense. The Department of the Interior and Department of Indian Affairs was at that time still supporting the Cherokees’ right to selfgovernment and refused to accept the judge’s decision.

Boomers celebrated the judicial decision while Payne enjoyed a newfound legitimacy. He spoke to crowds of enthusiastic supporters in an address in Wellington on Nov. 26, 1884. One day later, he collapsed and died from a heart attack. Payne was one month short of 48 years old.

Capt. W. L. Couch assumed Boomer leadership and immediately led another colony into the territory. The 9th was again called upon to evict the illegal tenants.

Nearby Cheyenne-Arapaho lands had been leased in the same way as the Cherokee lands, but administration of the lease was chaotic. President Cleveland ordered the cattlemen off the Cheyenne-Arapaho lands in July 1885, giving hope to the Boomers for a political about-face.

Boomers attempted another colony. Troops soon rounded them up, but evidently did not monitor them closely. Fires were set and fences cut, destroying miles of rangeland as they returned to Kansas. Farmers were burning out the cattlemen! That was the last attempt at colonizing Indian Territory by the Boomers.

Couch realized the real battle was in the halls of Congress and intensified lobbying efforts. On March 2, 1889, Congress passed an act to negotiate for purchase of the Cherokee Outlet. Less than two months later, the Boomers realized their dream of settling Oklahoma.

The great Land Run for 160-acre plots was conducted from Caldwell and Arkansas City at “high noon.” Tent cities sprang up at Oklahoma City, Kingfisher, El Reno, Norman, Guthrie and Stillwater in an amazing turn of events that took place April 22, 1889, on The Way West.

“The Cowboy” Jim Gray can be reached at 220 21st Rd., Geneseo, KS 67444, (785) 531-2058 or kansascowboy@ kans.com.