Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-08-11
CHIEFS MESSAGE TO COUNCIL.
Urges the Council 10 Take Action on
the Delaware Claim.


Tahlequah. Aug. 4. ls9s.
To the National Council:
GESTLEMEN-Section 25 of an
act of congress of the United
States, entitled IAN act for the
protection of the people of the In
dian Territory, and for other pur-
poses," approved June 2S, 1898,
provides:
"That before any allotment shall
be made of the lands OF the Chero-
kee nation, there shall be segregat-
ed thereirom by the commission
heretofore mentioned, in separate
aliotments or otherwise, the 49,
600 acres purchased by the Della
ware tribe of Indians under agree
ment of April s. 1867, subject to
the judicial determination of the
rights Of said descendants and the
Cherokee nation under said agree
meu.. That the Delaware In
dians residing in the Cherokee
nation are hereby authorized and
Empowered to bring suit in the
court of claims of the United
States within sixty days after the
passage of this act against the
Cherokee nation for the purpose
Of determining the rights of the
said Delaware Indians in and to
the lands and funds OF said nation
under their contract and agree
ment with the Cherokee nation,
dated April 1. 1867, or the Chero-
kee nation may bring like suit
against said Delaware Indians, and
jurisdiction is conferred on said
court to adjudicate and fully de-
termine the same, with right OF
appeal TO either party to the su-
preme court of the United States. +"
The language of this section is
most ambiguous while it should
have been clear and explicit and
capable. of but one construction.
1t segregates l57 800 acres of land
and legislatively determines that
the Delaware Indians purchased
this ann unit from the Cherokee
nation and concluded the first
sentence of this section by declar-
ing that the land set apart ''in
separate allotment or otherwise"
shall be subject TO judicial deter
mination of the rights of said de-
scendants and the Cherokee ma
tion under al agreements. Why
use the word "descendants?" Is
the part Set apart from the ''regis-
tered" Delawares subject to any
judicial determination? The in
ference could be legitimately
drawn from the first part of this
section that the registered" Della
wares were entitled to have their
l60 acres allotted to them, while
the allotmenls of dead registered
Delawares were subject to the
judicial determination of the rights
of said descendants and the Chero-
KEGS"
The last part of the section au.
thorizes the Delaware Indians, oil
the Cherokee nation to institute
suit in the court of claims within
sixty days from the passage of the
act, with the right of appeal to the
supreme court of the United
States, to determine the rights oi
the Delaware Indians to the lands
and moneys of the Cherokee ma.
tion. Immediately on receipt of the
approved bill, on July 9TH, / ad.
dressed the following letter to the
secretary OF the interior, asking
his construction of this section:
p July Z, 1898.
ITO the Honorable Secretary O.
the Interior, Washington, D. c.;
"Sir-Section % of an act o.
congress, entitled, AN act for the
protection of the people of the In,
dian Territory and for other pur.
poses, provides for the segrega
lion of l57 900 acres of land pur
chased by the Delaware tribe O
Indians under agreement of Apri
S, 1857, subject to the judicial de
termination of the rights of saiC
descendants and the Cherokee ma
ton under said agreement. Th,
Delaware Indians are given sixty
days in which to institute suit il
the court of claims after the ap
proval of the above act of congress
against the Cherokee nation TO de
termine their rights to the landi
and moneys Of said nation. In
case the Delawares decline to bring
the suit, what will become of tht
land authorized to be segregated
Will it be necessary for the Chero
kee nation TO bring the suit in or
der to throw it back in their pub
lie domain, as it was prior to tn,
passage of the aforesaid act of con
gress? What will be the status 9
their segregated land in CASE
neither the Delawares or tn,
Cherokee nation brings the suit
Our people are very desirous o
knowing what construction will b,
placed on this section by your de