Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-04-07

contracting parties used the word
in the sense above mentioned, as
all the circumstances show they
did, the Delaware view is sustain
ed But the treaty itself is the
best of evidence as to the meaning
the parties attached to the word.
1t reads: The Cherokees, parties
of the first part, for and in consid-
Grafton of certain payments and
the fulfillment of certain conditions
hereinafter mentioned, agree to
sell to the Delawares. for occu.
pancy, a quantity of land east of
the line of the 967 west longitude
in the aggregate equal to $50 acres
for each individual of the Delaware
tribe who has been enrolled on a
certain register made Feb. IS,
1867, by the Delaware agent. and
on file in the office of Indian affairs.
How much land did the Cherokees
sell the Delawares by that transac-
ton? Evidently as many acres as
100 multiplied by 9S5, the number
who removed to the Indian coun-
try which equals Isl 900 acres.
The word aggregate as used in the
treaty above quoted beyond ques-
ton or cavil means all or the sum
total. We will now see how much
land the Cherokees agreed the reg
lstered Delawares should have in
the event of allotment The treaty
reads: "In case the Cherokee
lands shall hereafter be allo ted
among the members of said nation
it is agreed that the aggregate
amount of land herein provided
for the Delawares (Which means
all of the land herein provided for
the Delawares) TO include their
improvements according to legal
subdivisions when surveys are
made, tnat is to say, $50 acres for
each individual, shall be guaran-
teed to each Delaware incorporated
by these articles into the Cherokee
nation. That the Cherokess agreed
to allot to the registered Delawares
the same amount of land they
agreed to sell them is fully estab-
lished by the language OF the col
tract. In speaking of the amount
to be sold the same terms are used
as in speaking of the amount to be
allotted They agreed to sell
them an amount of land in the ag
gregate equal to 160 acres for each
individual on a specified roll.
They agreed in the event of allot-
ment to allot them an aggregate
amount of land equal to that which
they had purchased.
The opinion of the attorney gen.
eral is next introduced and is as
follows: A careful consideration
of this agreement in connection
with the treaty between the United
States and the Cherokee Indians,
in the light of the discussions
found in the respective decisions
of the court of claims and the su-
preme court shows that several
propositions relative thereto must
be accepted beyond dispute.
Among these the following may be
That the registered
Delawares who removed to The
Cherokee country became members
as individuals of the Cherokee
nation with the same rights as ma
tive citizens that they did not in
dividually or collectively acquire
the title to any specific tract of
land: that they did, however, as
individuals have an interest in all
of the lands of the Cherokee nation
in common with all other citizens
Of the nation: that this interest or
right of property was the sa ne as
that of the Cherokee citizen, with
the added guarantee that they |
should, in case of an allotment in |
severalty, receive not less than the |
specified quantity of l60 acres, to
include their improvements; and |
hat the children of these adopted
citizens are citizens of the Chero
zee nation on exactly the same
ooting in every particular as citi-
.ens of Cherokee blood" If !
understand the opinion of the at.
Orney general above quoted, it is
he Delaware idea to dot, viz:
hat the registered Delaware was
guaranteed l60 acres of land in the
vent of allotment.
The opinion of the assistant at
orney general is again resorted to,
n which he argues that as the
ands are communal they are MT
escendible AID consequently can
ot be heired which is in effect say
ng that owing to the tenure by
which the Cherokees hold their
and the Delawares cannot get
that they bought. 1t is a re-
larkable proposition to say the
east. To assert that the Chero-
ees and Delawares, and the Uni
ID States as guardians of both,
ould not make an agreement rela-
We to specific amount of land
hich in the event OF certain con-
Dgencies could be carried out is
, ignore all precedents anl lay
side common sense But in re-
lity the advisor of the government
nd the delegation are fighting a
ian of straw of their own making
hey are talking about communal
nd being descendible or the re-
srse, as though the Delawares
ad ever Sc; such a claim. Not
ct, gentlemen. We are talking
bout what the registered Della
ares bought and endeavoring to
low that the understanding was d
have that amount allotted to v