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

and the delegation introduce por.
tions of the decisions of the su-
preme court and the court of claims
il effect declaring the Cherokee
nation a communal estate in which
all citizens are equal and argue as
consequence that the registered
Delaware claim is barred. They
fail to consider that those tribunals
were rendering decisions relative
to time when the land and money
of the Cherokees were common
property-when the issue was
whether the Delawares had an
equal interest or not, the Cherokees
taking the negative view, and
where reference was had only in
cidentally to the question at issue
now, but whenever they did allude
to it they found for the Delawares
As matter of course the Della
wares were not entitled to the land
in controversy while the commun-
al character of the government ex-
listed. They have never claimed
they were. They have always
insisted that when the land was
individualized that they were 10
have amount they bought, but not
till then.
1t may be proper 10 state few
of the more important reasons why
the clause in the treaty giving the
registered Delawares $50 acres of
land, when the land should be
allotted, was made a conspicuous
part OF the agreement. A treaty
had been made between the Chero-
KEGS and the United States which
provided for the locating of friend
ly Indians on the lands of the
Cherokees. 1t was not known how
many would be brought within our
borders-whether there would be
160 acres for each citizen or not in
the final division. Then the
Cherokees had right to admit to
citizenship whom they pleased,
and every one thus admitted di-
minished the amount per head of
the public domain and of the il :
vested fund. The Cherokees and
Delawares were then as now op-
posed to the NATURALIZATION of
land-they preferred to live where
land and money was COM
munal. But the former experience
of both taught them that the COM
munal character of their govern
ment at farthest, was to be of
short duratIon-that the onward
march of Anglo Saxon ideas and
customs would soon supplant land
ownership in common with land
ownership IN individuals. Ac ua-
ted by these and other ideas of a
similar character they agreed To
live together under the government
of their fathers, under a communal
government, as long as the logic of
events would allow, and then make
such division as justice to both
parties under all the circumstance
seemed to require. Some of the
factors for determining Ills were
unknown and at tha. time unknow-
able. At the time of allotment
there might be 500 acres per head
or might be only one hundred.
They could only approximate.
The Cherokees Therefore agreed to
sell to the Delawares a ulrtlty of
lard equal in the aggregate TO 100
acres for each individual who de-
sired TO remove to the Cherokee
nation. They also agreed il the
land should be individua!izeI TO
allot to them an aggregate amount
equal to that which they bad pur
This is not the only case
where an appr ximation had 10 be
resorted 10. In determining the
amount of the Cherokee national
fund to which the Delawares con
tributed a pro rata share it was
estimated that the money To be de-
rived from the sale of the neutral
lands would amount TO $1,000, 900 |
and the Delawares paid in on that
basis As matter of fact they |
only received sS00,000 for their
lands, but the Delawares have not |
raised the cry of injustice or in
or endeavored to secure
l readjusiment of the amount of
heir contribution.
WM NaJRN