The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1904-03-03

the constitution and laws of said
Cherokee nation"
"These stlpulations, wholly In
consistent with the full title Of
the Delawares to the lands In
question, must be- read in the light
OF tho constitution and laws Of
the Cherokee nation as to the
holding Of land by Cherokee citi-
zens.
The provisions of the Cherokee
constitution aud the statutes
passed In pursuance thereof are
considered. "From them It is APP
parent that lands to be held upon
the same terms as the Cherolees
hold their lands cannot be alien
ated by those who occupy and
hold than, but the ownership is
lodged In the Cherokee nation.
The individual has no right to
alienatc or lease the land. The
nation grants and restricts the
right OF occupancy. The title to
the lands is vested In the govern
ment, to be held and controlled in
such wise as to promote the gem
eral welfare. Under the restric-
tions aud conditions the Dela-.
wares held the lands set apart for
their occupancy. In the lave of
the Cherokee nation we find that
the use of the terms for use and
occupancy was not an unfamiliar
form OK expression In describing
the character and Limitation up.
the right of privRte ownership.
Thus In the act rel. ling to public
domain, and rescrvIng tracts OF
land one mile square along rail-
roads at stations, aud providing
for the sale OF town lots, 1t 10 pro-
yIded that the purchaser shall ac-
quire no other rights than those Of
use and occupancy II the lands
IL question were granted In per-
peiuity 70 the Delawares, We have
the awarding Of an estate Of this
character carved out 81 lands fcc-
ognized - the agreement as con-
tinulng to be Cherokee lands be-
longing to the nation which ex-
presaly limits the conveyance of
ils land 10 its own citizens for use
and occupancy only. Again, Il it
was intended to provide for the
children or heirs Of the FIRST
takers-the registered Delawares-
we shall expect 10 fnd some
words Ia the agreement eompe-
tent for that purpose, eoneedlng
that the technical terms OF the
common law to create an estate la
fee need not have been used. As
to the children OF the registered
Delas ares We fnd this provision
and the children hereafter born
Of such Delawares so Incorporated
into tie Cherokee nation shall ia
ell respects be regarded as native
Chefokees. I" This provision Is
utterly inconsistent with the grant
Of an estate IN the lands to sur
vive the occupancy Of the, regis
tered DeIawares. Such children
arc 10 have the rights Of native
Cherokccs and 10 more. Their
parents wcreincorporated into the
Cherokee nation with certain
specific rights; the childaD we're
. stand upon an equnS With
their adopted brethren Of Chero-
kee blood.
The importance Of the issue
now distinctly made A. TO the title
10 these lands has led us to give
renewed examination to the ques-
ton Of the extent and character
Of the interest conveyed to the
Delawares 10 the lands in con-
trovcrsy.
Ia the Journeycake opinion
Justice Brewer said, - 40 abso-
lutte title TO these homes was
granted. - The lave OF the
Cherokee Nation provided Tor the
appropriation BY the several
Cherokees os lands for personal
occupation, an that this purchase
BY tho Deltvares was with the
view % securing = tn Individual
Delawares the like homes; that
the lands thus purchased and paid
for atIll remained a part Of the
Cherokee reservation. An - 4
further consideration Tor the nay-