Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-03-10
AS DELAWkRES SEE 1T.
A Carefully Prepared Statement Of
the Land Matter.
cooDY's BLUFF. I. T.. March 4. ls9,

CooDY's BLUFF. |. T.. March 4. ls9S.
EDITOR CHIEFTAIN: Il have
noticed in your paper the last few
weeks several articles giving the
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 ge. at the true meaning of the
treaty we must not lose sight of
the fact that two distinct classes of
people are considered and 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 10 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
provements 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 ii
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. II 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 100 acres of
land the treaty would doubtless
have read something like the fol-
lowing: ain 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
says that each Delaware
incorporated by the treaty into the
nation shall be guaran-
leed 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
.en:ion to the language, bearing in
mind what precedes and what fol
ows, it seems to me will readily |
any one that the above |
clause refers soley to the tenure by |
which the registered Delaware
holds his land during the time the
ands of the Cherokee nation re-
main common property-that he |