The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-03-02
quah republican statehood plank resolutions

amount equal 70 taat Whicn theJ
had purchased, and such distri-
button as would secure to them
the homes upon which they had
settled, together with their inn
provements. So that if, when the
allotment was made, there was for
any reason not land enough to se-
cure to each member of the Cher
okees 100 acres, the Delawares
were to have at least that amount,
and the deficiency would have to
be borne by the native Cherokees
pro rata. In other words, there
was no purchase OF distinct
body of lands, as in the case of
the settlement Of other tribes as
tribes within the limits of the
Cherokee reservation. The indi-
vidual Delawares took their homes
in and remaining in the Cherokee
reservation, and as lands to be
considered in any subsequent al
lotment in severalty among the
members Of the Cherokee Nation.
All this was in the line of the ex-
pressed thought of a consolida-
ton of these Delawares with and
the absorption of them into the
Cherokee Nation as individual
members thereof. If it be said
that all ofthe Delaware trust funds
were not turned into the national
fund it will be remember that
there was no impropriety in the
reservation of a part thereof in or
der to enable the Delawares to
make such improvements as they
might desire on the tracts that
they selected for homes, and also
that there was no certainty that
all the members of the Delaware
tribe would elect to remove to the
Cherokee country, and that those
who remained in Kansas were en-
titled to their share in the Della
ware national funds"
The intent of the 1867 agree
mcnt is attacked by the Dela-
wares and part OF the testimony
OF John @. PratF, at that time
agent for the Delawares, is intro
duced, on the subject of the franz
ing Of the agreement. Ia it's course
the question was asked if as final
ly signed it contained the wishes
Of both sides. He answered, "no,
the Delawares were not satisfied,
but signed because it was the best
they could do; they wanted to
own the land outright"
This contention was in a way
disposed Of by the statement that
the court could perceive no room
for departure from the familiar
rule OF the law protecting written
agreements from the uncertain
ties Of parol testimony, 80 years
afterward.
Regarding the money consider
ton paid by the Delawares Justice
/ Brewer said 10 the Journeycake
/ case that too much weight should
not be given 70 the fact that the
( Delawares were to pay for their
homes at 81 an acre, for by that
purchase they acquired no title 10
, fec simple, but an inter-
est like that of native Cherokeef,
limited to a mere occupancy Of
the tracts set apart for aomea,
with the right to free use ia COM
mon OF the unoocupied portion Of
! the reserve, and the right to share
, in any future allotment.
~ Ne conclude, then, that the reg
istered Delawares acquired in
r these lands only the right of oc-
cupanoy during lite, with right
: upon allotment of the lands, to
not less than 100 acres together
with their improvements, aud the
children and descendants Of such
Delawares took only the rights OF
) other citizens OF the Cherokee Ma
E tion as the same are regulated by
] its laws.
The bill further seeks to exclude
3 from the allotment OF Cherokee
E lands and funds certain citizens
alleged to have been illegally ad-
mitted to citizenship, thereby
wrongfully diminishing the shares
! of the Delawares in the common
} property.
Answering this contention the