Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1894-12-27

each nearly 1,OOO acres; yet, with
the expected coming Of other
tribes, either TO take certain SC
lected portions of the reservation
as tribes by an absolute title, or to
enlarge the numbers of the Chero.
kee nation by adoption, Gas in the
case Of these Delawares,) IL was
foreseen that the time might come
when tho allotment might not
secure even 160 acres to each in.
dividual, and so was added the ex.
press guarantee that the purchas.
ing Delawares should obtain at
least that amount in the allotment.
True, the course Of events has not
been what was then contemplated,
but in order to determine the
meaning Of this contract we must
place ourselves back in the cir.
cumstances of the parties at the
time, with their surroundings and
expectations. In that light we
see nothing in the matters sug-
gested by counsel sufficient TO
overthrow the plain import of the
language used in the agreement,
and must conclude that by such
agreement the Delawares become
incorporated into the nation, be.
come members thereof, and, as
such, entitled equally with the
natives to all their rights in the
reservation and outlet.
Further. it may be remarked
that the action OF the Cherokee ma
tlon up to the year 1882 was in the
line of the construction we have
placed upon this contract. for up
to that year there was no distinc.
ton made between the native
Cherokees and these Delawares in
the distribution of funds from
whatever source received, for out
of the moneys received by the
nation on account of lands W est of
the 96th degree set apart for the
Usage Indians, under the ACT OF
June 5, 1872, s200,00O was distrib-
uted per capita, in which distribu-
tion the Delawares shared equally
with the native Cherokees. And
again, whep, on account of sales
west OF the 96th degree, congress
on June 16, 1880, appropriated
s300,00O such sum was also paid
out per capita. the Delawares shar.
ing equally With the others. Such
action is Of significance in deter
mining the understanding of the
parties to the contract. 1t is a
practical Interpretation by the par.
ties themselves of the contract
they made. IL is also worthy of
note that when in 1883 a bill pass
ell the national council FOR the pay.
ment to native born citizens alone
of certain sum of money received
as rental from the cattle associa. q.
tion, which so far as appears was
the first manifestation Of a claim
of difference between the native
Cherokees end the registered Del
awares as to the extent of their
interests in the lands or the pro-
ceeds thereof, il was vetoed by ID.
w. Bushyhead. principal chief,
on the ground that such action
was in violation of the agreement
of 1867. 1t is true the bill passed
over his veto. While the veto
message is too long TO quote in full. .
these extracts sufficiently disclose
the reasons upon which it is based:
"3rd. The patent was made
to the Cherokee nation in 1888 q nd
the nation was then composed of
citizens by right of blood and so
continued TO be until the exigen-
cies of the late war arose, when, in
1866, it became necessary to make
new treaty with the United States
government. BY this treaty other
classes OF persons were provided
to be vested with all the rights OF
native Cherokees' upon specified
conditions. These conditions have
been fulfilled rs regards the ac-
knuwledged colored citizens of this
naiion and the 50 called Delaware
and Shawnee citizens. | refer you
tn article 9,h Of said treaty in re.
gard t. colOred citizens, and arti-
Gle 18th, first clause, as regards
Indians provided TO be settled east
of 96 degrees. The language is.
they shall have all the rights OF
native Cherokees, and they shall
DO incorporated into and ever after
remain part of the Cherokee ma
tion on equal terms in every re-.
spect with native Cherokees.
18th. Ii the lands fthe nation
were aud are the common property
Of citizens, then no citizen can De
deprived of his or her right and
interest in the property without
a violation OF the constitution
which we are equally bound to
observe and defend. While the
lands remain common property.
all citizens have an equal right to
The use of it. When any Of the
land is sold under provisions of
treaty, all citizens have an equal
right to the proceeds OF their joint
property, whether divided per
capita or invested.
Senators, such is the treaty
and such is the constitution. I
have referred you to them, and
stated their evident meaning in
the premises TO the best of my
ability as is my duty. To the
classes Of citizens this bill would d
exclude, attach all the rights and
privileges Of citizenship according
to the constitution TO three OF
these classes attach also all the
| riohNu tnf ...ts.,. IN. 49,.