Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1890-08-07

are still living and both verify my
statements. This argument says
the Delawares "shall become
members Of the Cherokee nation,
"with the same rights and immu-
Entities, and the same participa-
"tion (and no other) in the ma
"tional funds as native Cherokees,
"saye as herein before provided. +"
Analyze the last sentence; Tho
Delawares are to have the same
participation as native Cherokees
mo other participation except the
one before provided, or mentioned
which is that they must, under
any circumstances in The event Of
allotment, have 100 acres. They
may get more; they cannot get
less, even if the Cherokee nation
should decide to admit ten or forty
thousand more friendly Indians
east Of the Goth degree, and reduce
the acreage per capita to a half or
a tenth part of its present esti-
mate.
Much stress is laid upon the
fact that the lands west of the Ar
kansas river were neither enumer-
ated nor mentioned when the
agreements with the adopted In
dians were entered into. This is
supposed to be strong and con-
elusive point. Assuming that the
lands in question had been sold
under the treaty Of 1886, and this
the learned correspondent claims,
then as before stated, the proceeds
of the same are part OF the ma
tional funds to which we claim,
under the agreement, "the same
participation as native Chero-
KEGS" But possibly these lands
had not been sold and for further
information upon the subject we
will consult the constitution of the
Cherokee nation. Amendment to
Article says: "The boundary Of
"the Cherokee nation shall be that
described in the treaty of 1888, +"
The said treaty mentions and de-
fines, not only the lands upon
which we now live, but those west
of the Arkansas river as well.
Consulting the constitution fur
ther, we see that Sect on 2 says:
"The lands of the Cherokee ma
"tion shall remain common prop
"erty,' &c. Common or belonging
to whom2 The citizens of the ma
ton, of course. Who are the citi-
zens of the nation? Section 5,
page 81, compiled laws answers
this question: can nati7G 6orh
"Cherokees, all Indians = =
"legally members of the nation by
"adoption y shall be
"taken and deemed citizens of the
"Cherokee nation" I" The amend
ments to the constitution just
quoted were adopted November
2Sth, 1866, several months after
the ratification of the treaty of
1866. They were necessary
amendmsnts that tho constitution
(Which makes all acknowledged
treaties the supreme law of the
land) should accord with the said
treaty. From the foregoing
clauses OF the constitution just
quoted these conclusions Of neces-
sity follow;
First-That the Cherokee lands
west of the 96th degree are a part
of the public domain of the nation.
Second-That these lands are
common property, and conse-
quently any proceeds arising
from them is common property,
belonging to the citizens of the
nation.
Third-That all native born
Cherokees and all Indians legally
members Of the nation by adoption
are citizens OF the Cherokee nation.
Therefore the adopted Indians,
the Delawares and Shawnees, are
entitled to and have an interest in
the lands west of the 96th degree,
which is a part of the public do
main. G. j.