Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1897-10-28

of Indians sustain to the whole
number of Cherokees then residing
in the Cherokee country, they
shall be incorporated into and ever
after remain part of the Cherokee
nation, on equal terms in every
respect with native citizens.
This was the scheme upon which
the Shawnees came in; they had
nothing to say about what land, or
how much, they were to occupy.
They abandoned their tribal organi-
cation, dispersed and mixed up
with the Cherokees. They deter
mined, to take their chances with
the people of their adoption.
Hence when allotment comes, they
get something, or nothing, just ac-
cording as it may prove to be with
the Cherokees.
That, now, is the second way;
as to the third plan, let the treaty
speak again:
"And should any such tribe,
thus settling in said country, de-
eide to preserve their tribal or
ganizations, and to maintain their
tribal laws, customs, and usages,
not inconsistent with the constitu-
ton and laws of the Cherokee ma
ton, they shall have a district of
country set off for their use by
metes and bounds equal to one
hundred and sixty acres, if they
should so decide, for each man,
woman and child of said tribe, and
shall pay for the same into the
national fund such price as may
be agreed upon by them and the
Cherokee nation.
"And said tribe thus settled
shall also pay into the national
fund a sum of money, to be agreed
upon by the respective parties, "
etc., (on the same principle as
above shown to have been observed
by the Shawnees in making their
payment) "and thence afterwards
they shall enjoy all the rights of
native Cherokees."
This was the form of adoption
selected by the Delawares for be-
coming citizens of the Cherokee
nation. They saw fit "to preserve
their tribal organization ami TO
maintain their tribal laws, Gus
toms, and usages"; they chose to
shave a district set off for their
use by metes and bounds, equal to
one hundred and sixty acres for
each man, woman, and child OF
their tribe" They have also paid
for the same into the national fund
such price as was agreed upon be-
tween themselves and the Chero-
KEGS" They have, too, paid out
OF their Delaware common fund,
into the Cherokee national fund,
their proportional amount, just as
the Shawnees have done. This
latter sum pays for their citizen
ship.
But what has, and what has not,
been actually done by the contract
ing parties, (the Cherokee nation
and the Delawares) to this compact,
do not concern us now; we are at
present only talking about the
legal aspects of the question; what
should have been done, can be
done, and what will, if law is to be
observed, be done in the final set
tlement of the Delaware claim con-
troversy; that is what we are now
considering.
The treaty contemplates that
tribes coming into the Cherokee
country on the plan adopted by
the Delawares, shall take the land
set apart for their use, in a COM
pact form: it is to be a district
marked off by metes and bounds.
This district, too, is to be just
large enough to give each member
of the tribe 160 acres apiece, and
no more. The tribe, and every
member of it, are expected to live
within the limits of this district
and nowhere else in the Cherokee
nation. They are to have no right
to lay a claim anywhere upon the
common domain outside of this
appointed district.
1t is true, the treaty says, "they
shall enjoy all the rights of native
Cherokees. But this right does
not necessarily give a party the
privilege of laying a claim, as
large as he pleases, and anywhere
he pleases, upon the common lands
OF the nation. He can by contract
divest himself of this right; he can
bargain it away. Ii a native