Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1890-07-17
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A FEW REASONS WHY THE
Delawares and Shawneos Have
no Interest in the Outlet.

lands from such settlement, Tho
entire country is virtually a ces.
sion to the United States to the
extent Of that purpose. This was
the condition in which the land.
were before The Delawares and
Shawnses became citizens Of the
Cherokee nation.
Because tho conditions regulat.
ing the right Of the United States
government to settle civilized In.
dians upon the lands Of the Chero.
kee nation east of the 96th mcrid-
ian are similar to those regulating
the same right to settle friendly
Indians west Of that line. The
civilized and the friendly Indians
are only entitled to one hundred
and sixty acres, each, for which
they must pay a stipulated price.
This quantity Of acres, and nc
more, severally or collectively,
is theirs by the right of purchase
and in no other way.
Because Article Is of the treaty
quoted is authority for the posi-
tion taken, and in part reads:
"Should any tribe or band Of
"Indians settling in said country
"abandon their tribal organization,
"there being first paid into the
"Chcrokee national fund a sum ol
"money which shall sustain the
"same proposition to the then ex-
"isting national fund that the mum
"ber of Indians sustain to the
"whole number ofCherokees then
"residing in the Cherokee coun-
"try, they shall be incorporated
"into and ever after remain q part
"of the Cherokee nation, on equal
''terms in every respect with ma
"tive citizens. And should any
"such tribe, thus settling in said
country, desire 10 preserve theil
tribal organizations, and to main
"tain their tribal laws, customs
"and usages, not inconsistent with
"the constitution and laws Of tho
Cherokee nation, they shall
"have a district of country set of
"for their use by metes and bounds
equal to one hundred and sixty
"acres, if they should so desire,
''lor each man, woman and child
"of said tribe, and shall pay fol
"the same into the national fund
"such price as may be agreed on by
"them and the Cherokee nation
subject to the approval of the
president of the United States,
"and in case Of disagreement the
"price to be fixed by the presi
"dent.
Whether east or west Of the
meridian mentioned the quantity
of acres al lowed each individual
Indian is one hundred and sixty
acres and to be paid for at a price
to be fixed in the same way. Civ
ilized Indians are more restricted
in their purchase of Cherokee lands
than the friendly, because they
deal more directly with the Chero-
kee authorities, while the friendl y
more directly with the United
States, as instance, the Osages and
other tribes settled west. They
all have more than one hundred
and sixty acres, apiece for which
they have paid.
Because civilized indians set
tied east, who might wish to pre-.
serve their tribal organizations,
would be exactly in the same con-
dition as to lands, as the friendly,
west. Neither would be entitled
/ t. more or could claim more
than they actually paid for. A
change from tribal organizati on
of civilized Indians to an incor-
poration of the tribe into the
Cherokee nation ought not to ef-
feet the logic OF this conclusion, OF
give such Indians more advantages
or entitle them to greater prop
erty rights than they had before. By
no manner Of reasoning or by any
fair construction OF the treaty pro-
vision above quoted, could a civil
lied tribe, preserving its tribal or
ganization and maintaining its tri-
bal laws, customs and usages, be
entitled to more lands than laid
of for its use by metcs and bounds,
or it has paid for. As such or
ganized tribe it could not be part,
or its members be citizens, of the
Cherokee nation. Should tribe
in such a condition abandon its
tribal organization and become in
corporatcd into the Cherokee ma
ton. its property rights could not
in any way be diminished. If not
diminished, by the same rule they
could not be increased.
The agreement be etween the
Delaware and the Cherokee au-
thorities sustains this proposition.
In relation to lands it says:
In case the Cherokee lands
"shall hereafter be allotted among