Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-02-17

he is dead, then his rightful heirs
shall take in fec simple the lane
covered by such allotment, when.
ever the absolute title in severalty
shall come, Gas come it will sooner
or later to be disposed of in sew.
crafty. 2nd, that all persons who
are competent to be entrusted safe
ly with the absolute disposal Of
their lands, be allowed to take
their allotment in fee simple, and
that a suitable tribunal be desig.
mated whose duty and power shall
be to try and determine such ques.
tions of compentency and order
accordingly.
Once more; the provision in your
bill, sir, setting aside 157 SOC
acres of land for the benefit of the
Delawares is exceedingly object
ionable. The ground of this OBJ
lection can not but be most obvious
by the slightest attention to the
facts in connection with this sub
ject.
By consulting the 18th article OF
the treaty of 1866, it will be seen
that the Delawares came into the
Cherokee country under an ar
rangement which required them to
"have a district of country set of
for their use by metes and bounds,
equal to 160 acres for each man.
woman and child, of said tribe. "
The contract entered into by the
Cherokees, with the Delawares was
based on this provision OF the
treaty, and the treaty and the
agreement constitute part of each
other and must be construed to-
gether.
The treaty required that these
Delawares should take this 49,
COO acres in compact body-in
the form of "a district of country
set off by metes and bounds" "
But no sooner had the negoti-
ations looking to their admission
been completed than they thought
better of their bargain; they
abandoned the idea of maintain
ing a seperate community; they
thought no more about preserving
their tribal organization and main
tanning their tribal laws, customs
and usages;;" they begun to see
the advantages of promiscuous
settlement at large upon the Cher
okee common domain would be
much more desirable than any,
thing that could be effected from a
distinctive community locked up
within the "metes and bounds" OF
a small district about fifteen miles
square; they saw that promiscuous
settlement would release them
from their confinement to their
agreed portion of 160 acres each
and open up to them a capacious
field for monopoly, and give them
an equal chance with native Cher
okees in that illicit kind of specu-
latlon.
Hence, from the earliest times,
we hear nothing from them with
reference to separate "district"
set apart by "metes and bounds"
nothing about preserving their
tribal organization; moth
ing about living under their own
tribal laws, customs and usages. /"
From the very first they break
away from the terms of their
agreement with the Chero kees; in
stead of congregating themselves
upon their stipulated district, they
scattered themselves up and down
the common lands of the Chero-
KEGS, selected the most desirable
spots, and instead of limiting their
to the stipulated 160,
they have proved TO be among the
most successful monopolists in the
country, and have been, for the
last thirty years or more, enjoying
the use OF thousands and thousands
Of acres of Cherokee land to which
hey have had not even a shadow
Of a title under their contract and
the treaty. This, my dear sirs, is
the character of the facts In the
'ace of which this segregation"
l57 900 acres is ordered.
There arises then a question
ike this: Can wholesale segre-
cation of land like this, and under
hese circumstances, be just to the
Cherokees?
The bill does not:indicate how
he "setting apart" is to be ac-
;omplished. 1t must, however, be |
lone in one or the other of two
ways: 1t must be taken in the
orm of compact district as pro-
'ided by the treaty, or in detached
portions so as to include the i'm
of the individual Della.
wares as they are now located.
The latter scheme could not be
made effective simply because it
) not authorized by the terms of
he compact between the Della
Iares and Cherokees. 1t was
ever intended by the contracting
arties that the Delawares should
ave the privilege to run about
yer the Cherokee domain and
ick out the most desirable spots
5 going to make up the sum total
+ their agreed tract. This was
OF the contract. They were TO
Ike their land in the form of a
or county, and taking
as it came-good, bad and in
fferent.
Again; the segregation" of this .!
nd for the benefit of the Della
ares, would now be not only i'm
but exceedingly un-
st to the Cherokees. This pro- '