Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-02-03
THE DELAWARE CLAIM.


tious representative in either house
of congress. That section of the
measure that provides for the seq
regation of Isl, 900 acres for the
benefit of the original Delawares
will not bear the light of careful
scrutiny of the agreement between
the Cherokees and Delawares. The
agreement is a little verbose, it is
true, but no one unprejudiced
could possibly reach the conclu.
sion indicated in the Curtis bill.
The old original registered Del
awares were, in the event of allot.
ment of land in the Cherokee ma
ton, TO have each 100 acres of land
as the minimum amount they
would have been entitled to, which
was less than one half the pro rata
amount of land that would have
fallen to the Cherokees at that
time. Now those of the original
registered Delawares living
or that will be living when allot-
ment takes place, will still be enti-
tied to 160 acres of Cherokee land.
The children of such Delawares
will, according to the terms of the
agreement, be allowed an equal
share with other Cherokee citizens
Any congressman who cares to en-
Tighten himself upon this PROPOSE
ton will find this position clearly
set forth in the body OF the agree
ment.
1t is difficult 70 conceive how the
Dawes commission, and the inte-
rior department could be misled
into sanctioning so utterly un-
reasonable and preposterous a
scheme to rob the Cherokees of a
large share of their land. Richard
Adams, it is said, has contracts
with nearly all the Delawares who
come under that class, or who are
what we call registered Delawares,
whereby he is TO get large share
of this land in case the Dawes
commission succeed in hoodwink-
ing congress into setting aside the
land proposed in the Curtis bill q.
Efforts were made last. summer to
clear the minds of some members
of the Dawes commission with
reference to this outrageous claim
Unfortunately a large number of
the Cherokee people, including
some of their leading men, were
disposed to treat the matter as of
no consequence, knowing as they
did that the agreement with the
Delawares was well understood and
therefore would not be question
ed. The Cherokees do not contend
that those of the registered Della
wares now living are not entitled to
160 acres of land when the country
is allotted; but the contention is,
that when one Of those Delawares
(the original registered one) should
die, that his share of the land
simply passes into the common
property of the tribe. The agree
ment is very explicit upon this
particular point. The language of
the agreement is this: 'Nor shall
the continued ownership and oc-
of said land by any Della
ware 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
the native citizens thereof" Now
what are the conditions and re-
strictions" placed upon the native
Cherokees? They are simply
these, and they are specifically
laid down in the Cherokee con-
stitution: "The lands of the Cher
Okee nation shall remain common
property; but the improvements
made thereon and in possession OF
the citizens of the nation, are the
lndefeasible property of the citi-
zens respectively who made, or
may rightfully be in possession of
them" Then, again the Delaware
agreement itself is specific enough |
upon this point. 1t says: "Nothing |
herein shall confer the right TO
convey, or dispose of any |
such lands except in accordance |
with the constitution and laws of
said Cherokee nation"
When a Cherokee dies his land
ID interests pass into the common
of the tribe, and the
agreement with the Delawares
impose the "same conditions and
restrictions" upon the Delawares.
Then how can congress consist
entity pass an act providing Tor the
of 157 600 acres of this