Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-03-17
A Statement From Dr. Nairn.

Cherokee view of the Cherokee
Delaware agreement. AS | have
seen nothing from the other side,
with your permission, | will give
the Delaware view of the contract
as | understand it.
To get at the true meaning of the
treaty we must not lose sight OF
the fact that two distinct classes OF
people are considered ard two
distinct periods of time are involv-
ad. The two classes considered
are the registered Delawares and
the Delawares born since the treaty
was made. The two periods OF
time are, the time the Cherokee
lands remain common property
and the time allotment takes
place. During the time the land
is common property the Delawares
hold that all citizens are equal
that the conditions and restrictions
imposed by law on native Chero-
KEGS apply equally to registered
Delawares. But they also hold
that when the land is allotted the
treaty gives them all the land they
bought-160 acres to each register
ed Delaware. What does the
treaty say?
"In case the Cherokee lands
shall hereafter be allotted among
the members OF said nation, it is
agreed that the aggregate amount
OF land herein provided for the
Delawares, to include their i'm
provemenis according TO legal
sub divisions when surveys are
made, that is TO say 100 acres for
each individual, shall be guaran-
teed TO each Delaware incorporated
by these articles into the Cherok ee
nation" That clause of the treaty
is the Delaware view of the con-
tracts the contract itself. Ii it
does not mean what it says, it is
not only misleading but meaning
less. 1t does not admit of any
other explanation or construction.
There is not a sentence in the
treaty, in my judgment. if taken
in the sense used by the contract
ing parties. if interpreted by the
light of the fact that two dis
tinct periods are considered and
two classes are involved, that con-
tradlct it. If it had been the in
tention of the parties that only as
many of the Delawares as were
living when the time of allotment
arrived should receive $50 acres of
land the treaty would doubtless
have read something like the fol-
lowing: "In case the Cherokee
lands shall hereafter be allotted
among the members of said nation
it is agreed that as many of the
Delawares as are living at that
time shall be guaranteed $50 acres
of land" The treaty says nothing
of the kind. On the contrary it
expressly says that each Delaware
incorporated by the treaty into the
Cherokee nation shall be guaran-
teed 100 acres of land when the
day of allotment arrives.
You say that ''when a Cherokee
dies his landed interest passes into
the common property of the tribe, "
and infer that the same is true of
the Delawares, and in support of
your position quote the treaty
where it SAYS: "Nor shall the con-
tinued ownership and occupancy
of said land by any Delaware
so registered be interfered with in
any manner whatever without his
consent, but shall be subject to the
same conditions and restrictions as
are by the laws of the Cherokee
nation imposed upon native citi-
zens thereof" The slightest at
tention to the language, bearing in
mind what precedes and what fol
lows, it seems 10 me will readily
convince any one that the above
clause refers soley to the tenure by
which the registered Delaware
holds his land during the time the
lands of the Cherokee nation re-
main common property-that he
may sell, trade or abandon his
improvements and settle again on
other land the same as Cherokees
by blood, and had no reference to
the property status of the Della
wares on the day OF allotment.
So far as the Cherokee constitu-
ton and laws standing in the way
of the Delaware view of the treaty,
they do not from the fact that when
the lands are allotted the cOnstitu
ton and laws, as they now exist,
will be obsolete-there will be a
new order of Things, not contrary
to but in accord with the treaty.
There was a valid reason for the
clause in the treaty giving each
registered Delaware $50 acres of
land at the time of allotment. A
treaty had been made between the
United States government and the
Cherokees by which it was agreed
that the government might locate
friendly Indians on unoccupied
lands in the Cherokee nation. 1t
was not known how many would
be located within our borders,
whether there would be 100 acres
per head in the final division or
not. The Delawares desired to
pay enough money TO secure that
much land for each registered
Delaware. The Cherokees set the
price, the Delswares paid the
money and the United States ap-
proved of the transaction.
fit be contended, as has been
done. that the Delawares paid an
insufficient amount for so much
land it may be sufficient answer TO