Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-08-11

Ooi pOtotCN uhUOi ehC OhcAOhSC
nation through an agreement en-.
tered into April s, 1867, author
lied by the fifteenth article of the
treaty o. 1866. This agreement
was construed by the supreme
court of the United States in the
case of Charles Journeycake, the
principal chief Of the Delaware In
dians, VS.. the Cherokee nation,
November 10, 1894, Q55 U. s.,
120.) The court in this case de-
cided that in the event an allot-
ment was made, the registered or
purchasing Delawares should OBJ
tain at least 100 acres, but as to the
descendants the court said:
Whatever rights the Cherokees
and the registered Delawares were
to have, and it was an equity not
limited to the living Delawares,
but to guard against any mlscon-
ception there was the express dec
laration that the children of the
registered Delawares should. in all
respects be regarded as native
born Cnerokees. This last clause
was inserted with the view of CIV
ing additional rights to such chill
dren, but to prevent any question
Gs to their inheritance OF all the
rights which their fathers received
under the agreement. This decis-
ion makes it clear that the de-
scendants are not entitled to in
herit the shares of any registered
Delawares. Since it was rendered
in March, 1896, the Delaware In
dians, through their duly author
lied agents, petitioned the national
council, then in special session. to
equalize their. per capita shares
with Cherokees by blood, repre-
senting to The members of the ma
tional council and other officers of
the Cherokee government that
they were desirous of obliterating
all differences and becoming equal
citizens in every respect with
Cherokees by blood. In compli-
ance with this request of the
Cherokee nation, being equally
desirous of knitting her people
more friendly together, an act was
passed by the national council and
approved March 80, 1896, entitled:
Gan act to equalize the per capita
shares of the Delaware citizens of
the Cherokee nation, with the
shares paid the Cherokees by
blood" appropriating the sum OF
s5S, 1.60. The act expressly
provided that it was the intention
to pay the said Delawares no more
than if they were Cherokees by
blood. This money was paid out
to all the Delaware Indian citizens,
and by their acceptance ratified
the representations oftheir agents,
and should be estopped from set
ting up claim to greater share
than that which a Cherokee by
blood is entitled TO.
When the Delawares in 1867
were incorporated into the Chero-
kee nation, the Cherokees owned
more than twice the amount OF
land they now have. The Della.
wares have participated equally
in the proceeds derived from every
sale. By each sale the pro rata
share OF each Cherokee was less.
ened, while the share of the Della
ware, according to his constitution,
remains the same.
Pursuing this argument, if the
Cherokee nation had sold all but
157 900 acres, the Delawares would
have participated in the proceeds
of the sale and then have been
left comfortable homes of le0 acres
each, while the Cherokees would
have been left homeless. In my
judgment, the Delaware Indian
citizen is entitled to the same in
terest in your lands and money:
as a Cherokee by blood and nc
more, legally and equitably.
If you are of the opinion that
the land is segregated and that
it requires suit by the Chero,
kee nation to restore it tC
the public domain, if you desire
the suit defended in case one i:
brought by the Delawares in ac
cordance with the section above
quoted, l recommend that yoU
make some provisions therefor by
authorizing the employment o
counsel, making an appropriation
therefor, as well as the costs anC
incidental expenses, at once, al
the time allowed by the act expire.
August 27, 1898.
Your patriotic cooperation il
this most important matter is very
much desired, and | cannot i'm