In cooperation with Footnote, AccessGenealogy is providing exclusively
to our users from 17 Nov - 1 Dec. 2008, FREE
access to a large set (almost 20 million) of images based on the
topic Civil War. This is a LIMITED time
opportunity, and available ONLY through the links
from the following page. No other links on our site, or any other
site on the web, will provide you with this opportunity! Your delay
is your lost!
While we know our northern friends may not feel it, in the South, Spring is
here. So we thought we'd share a few of our gardening sites appropriate
for this time of the year. Along with gardening, there's grilling, and getting
ready to diet so that you can fit back into that bathing suit this summer!
Commission To The Five Civilized Tribes,
Muscogee, Ind. T., March 23, 1901.
The Secretary of the Interior.
SIR: I have the honor to acknowledge receipt
by departmental reference of March 2d of a
letter from Richard C. Adams, dated February
27, together with a map of the Cherokee
Nation, showing by coloration the lands
which said Adams represents to be now in the
possession of Delaware Indians, and which
they wish to have segregated by this
Commission, as provided by section 25 of the
act of Congress of June 25, 1895, and the
pending, Cherokee agreement.
In response to the Department's request for
a report and recommendation in the premises,
I have to state that the Commission is not
advised whet hm. said Richard C. Adams is
authorized to represent the Delaware in the
matter of segregating their lands, and
whether, therefore, the lands designated are
the lands desired by the Delaware or not.
Granting that he is the duly accredited
representative of the Delaware Indians, the
Commission should in due time be furnished
with a list of the lands which it is desired
to have segregated, described by legal
subdivisions.
Section 25 of the act of Congress referred
to provides as follows:
That before any allotment shall be made of
lands in the Cherokee Nation there shall be
segregated there from by the Commission
heretofore mentioned, in separate allotments
or otherwise, the one hundred and
fifty-seven thousand six hundred acres
purchased by the Delaware tribe of Indians
from the Cherokee Nation under agreement of
April eighth, eighteen hundred and
sixty-seven, subject to the judicial
determination of the rights of said
descendants and the Cherokee Nation under
said agreement: that the Delaware. Indians
residing in the Cherokee Nation are hereby
authorized and empowered to bring suit in
the Court of Claims of the United States
within sixty days after the passage of this
act, against the Cherokee Nation, for the
purpose of determining the rights of said
Delaware Indians in and to the lands and
funds of said nation under their contract
and agreement with the Cherokee Nation dated
April eighth, eighteen hundred and
sixty-seven, and jurisdiction is conferred
on said court to adjudicate and fully
determine the same, with right of appeal to
either party to the Supreme Court of the
United States."
The Commission is not yet ready to allot the
lands of the Cherokee and will not begin
making allotments, in all probability, until
the roll of Cherokee citizens shall have
been completed or legislation be enacted
other than that which now governs allotment
in the Cherokee Nation. It is therefore not
essential that the Commission segregate the
lands at this time in order to fulfill the
requirements of the statute with respect to
segregating the lands prior to allotment.
The indications are that considerable time
will yet elapse before the Commission will
be in readiness to allot the lands of the
Cherokee.
Furthermore, under the provisions of the act
above quoted, the lands claimed by the
Delaware are to be segregated "subject to a
judicial determination of the rights of said
descendants and the Cherokee Nation under
said agreement." A judicial determination of
the rights of the parties in interest has
thus far not been reached by the Court of
Claims, wherein suit was instituted, and a
recognition of the Delaware' claim to
157,090 acres should not, therefore, precede
such determination.
In as much as the lands of the Cherokee have
been surveyed, a mere segregation of the
land claimed would involve no act on the
part of the Commission other than to
withhold the same from general allotment,
and should allotment in the Cherokee Nation
therefore be reached while the suit is yet
pending the Commission may, in its opinion,
properly reserve the 157,600 acres pending a
decision by the Court of Claims, provided
that an accurate and authentic description
of the lands claimed by the Delaware be
furnished it.
Very respectfully,
THOS BIXBY, Acting Chairman
(Through the Commissioner of Indian
Affairs.)
Commission To The Five Civilized Tribes,
Muskogee, Ind. T
GENTLEMAN: The Department is in receipt of
your communication of March 23, 1901,
reporting upon a letter from Richard C.
Adams, dated February 27, 1901, relative to
the segregation of 157,000 acres of Delaware
lands in the Cherokee Nation.
The Commissioner of Indian Affairs forwarded
your report April 3, and concurred in your
recommendations.
The Department has this day advised Mr.
Adams of its approval of your views in the
premises.
Department Of The Interior,
Washington, April 8, 1901.
Commissioner Of Indian Affairs.
SIR: The Department is in receipt of your
communication of April 3, 1901, transmitting
report of the Commission to the Five
Civilized Tribes, dated March 23, 1901, upon
a communication from Richard C. Adams
relative to the segregation of 157,600 acres
of Delaware lands in the Cherokee Nation.
Mr. Adams has been this day advised that
the Department concurs in the views of the
Indian Office and the Commission, and
enclosed a copy of your said communication.
Said Commission is informed of the action
taken in a letter herewith transmitted for
your information, to be duly forwarded.
Department Of The Interior,
Washington, April 8, 1901.
Mr. RICHARD C. ADAMS,
Kellogg Building, Washington, D. C.
SIR: The Department is in receipt of a
report from the Commission to the Five
Civilized Tribes upon your letter dated
February 27, transmitting a map of the
Cherokee Nation showing by coloration the
lands which you represent to be now in
possession of Delaware Indians, and which
they desire to have segregated by the
Commission, as provided by section 25 of the
act of Congress approved June 28, 189S. (30
Stat., 495.)
The Commission quotes section 25 of said
act, and states that it is not yet ready to
allot the lands of the Cherokee, and will
not begin making allotments in all
probability until the roll of Cherokee
citizens shall have been completed or
legislation be enacted other than that which
now governs allotments in the Cherokee
Nation: that it is not essential that the
Commission segregate the lands at this time
in order to fulfill the requirements of the
statute with respect to segregating the
lands prior to allotment, and that the
indications are that considerable time will
yet elapse before the Commission will be in
readiness to allot the lands of the
Cherokee.
The Commission further reports that since
the lands of the Cherokee Nation have been
surveyed, any segregation of the lands
claimed would involve no act on the part of
the Commission other than to withhold the
same from general allotment; and should the
Commission he ready to allot the lands in
the Cherokee Nation while the suit is
pending between said nation and the
Delaware, it could properly reserve the
157,000 acres, pending a final decision of
said suit, " provided that an accurate and
authentic description of the lands claimed
by the Delaware be furnished it."
The Commissioner of Indian Affairs forwarded
said report on April 3, 1901, and recommends
that you he advised that "the Commission
should be allowed to exercise its sound
discretion as to the time when the
segregation contemplated should be made, it
being understood, of course, that no
allotments will be made to the Cherokee
prior to the segregation of the Delaware
lands."
The Department concurs in the views
expressed by the Commission and the
Commissioner of Indian Affairs, and encloses
herewith a copy of the report of the
Commissioner for your information.
DEAR Sir: While I was in the West I received
your letter of the 8th of April, inclosing
report of the Commissioner of Indian Affairs
in regard to my request on behalf of the
Delaware Indians for the segregation of
their lands, Among other things it says:
"This Office has no means of ascertaining
the necessity, if any there be, of
segregating the said Delaware lands at this
time. Neither does it understand that any
necessity exists for such action. So far as
is known the Delaware are occupying the
lands claimed by them without restriction or
objections on the part of the Cherokee, and
unless some good reason be shown to the
contrary the Commission should be allowed to
exercise its sound discretion as to the time
when the segregation contemplated should be
made, it being understood, of course, that
no allotments will be made to the Cherokee
prior to the segregation of the Delaware
lands."
I must again ask, as protection to the
Delaware Indians, that the lands selected
and in possession of the Delaware Indians be
segregated at once, and I believe the
following reasons fully justify my request:
The Delaware Indians have about 51,000,000
worth of improvements on this land, which is
the proceeds of the invested funds and the
labor of their hands. Some of them have been
living on these lands fur over thirty years;
others only a few years. Some of them have
large holdings-two or three thousand
acres-others only a small amount, still the
improvement's on the lands belong to the
Delaware who paid for or made the same, and
the 157,000 acres of land is land that has
been in possession of Delaware Indians
according to the Cherokee law. The division
of this land among the individual Delaware
will be determined by the Court of Claims.
The Curtis law commands the segregation of
the Delaware lands either in separate
allotment or otherwise.
Since the selections and locations of the
Delaware lands have been submitted to the
Court of Claims certain individuals,
Cherokee citizens, have infringed on 'the
rights of Delaware and, in some cases, have
fenced off a part of their selections and
improvements, and while I was at Vinita,
Ind. T., I made an effort to get an
injunction against one Hannah Davis and
others, who were trespassing on Delaware
rights, and the chancellor to whom the
matter was referred said that I would be
required to prove that this land had been
segregated for the use of the Delaware
Indians and was a part of the 157,600
referred to in the twenty-fifth section of
the Curtis law. Otherwise he should consider
that a Delaware Indian could not, under the
Curtis law, hold more than his individual
share as a Cherokee citizen. However, the
chancellor was a Cherokee citizen, which may
have something to do with his views.
The Delaware-Cherokee agreement provides
that "the aggregate amount of land provided
for the Delaware to include their
improvements, shall be guaranteed to each
Delaware, etc., nor shall the continued
ownership and occupancy of said land by any
Delaware so registered be interfered with in
any manner whatever without his consent."
The Curtis law has many embarrassing
features in it, which if enforced before the
segregation of the Delaware lands, would
work a great hardship on the Delaware even
though the Court of Claims eventually awards
them all the lands they claim. If the lands
are now segregated subject to the suit, no
possible harm can come to either
Delaware or Cherokee by reason of its
segregation at once. Furthermore no cost ie
required on the part of the Dawes Commission
to make the segregation. A map has been
furnished them and your department, showing
the lands selected and in possession of the
Delaware Indians at the time of the
selection, and a description of these lands
can be furnished to accompany the map, it
desired. A declaration on the part of the
Commission and Interior Department that the
lands claimed by the Delaware Indians before
the Court of Claims, as described by the map
accompanying the testimony, shall be with
held from allotment, pending the decision of
the Court of Claims, will greatly enable the
Delaware Indians to protect their individual
rights before the Federal court of the
Indian Territory, and will prevent the
Cherokee from running over the Delaware as
they have constantly been in the habit of
doing.
Trusting that you will grant our earnest
request, I am,
Very respectfully, yours,
R. C. ADAMS,
Representing the Delaware Indians
Department of the Interior
Washington, May 10, 1901
Mr. R. C. Adams,
Columbian Building, Washington D.C.
SIR: The Department is in receipt of your
letter, dated May 7, 1901, acknowledging
receipt of departmental letter of April 5,
same year, inclosing report of the
Commissioner of Indian Affairs, in regard to
your request on behalf of the Delaware
Indians for the segregation of lands claimed
by them, and again requesting that said
lands be segregated.
The matter was carefully considered by the
Department and you were advised of its
conclusions in said letter of April 5, and
no good reason appears for changing or
modifying the views of the Department as
stated in said letter. You are there for
advised that the Department deems it
inexpedient at the present time to direct
the segregation of said land.
Sir: As counsel for the Delaware Indians in
the case now pending in the Court of Claims,
wherein their several controversies with the
Cherokee are involved and are to be
determined, I wish to call your attention to
some of the issues involved in that suit.
The Delaware claim, among other things:
1. That they are entitled absolutely to
157,600 acres of land to he selected by them
and to be segregated and allotted to them
out of the lands of the Cherokee Nation.
The basis for this claim is that the
Delaware have purchased said 157,600 acres
of land from the Cherokee and paid for it at
the rate of $1 per acre. They claim this
land as purchasers and owners.
2. They further claim that under the
agreement of 1867 they are entitled to share
as Cherokee citizens in the balance of the
lands of the Cherokee Nation equally with
every other citizen of the Cherokee Nation.
The suit in the Court of Claims is brought
under the special authority of section 25 of
the Curtis Act, which provides for the
submission of all controversies between the
Delaware and the Cherokee to the Court of
Claims for Adjudication.
The claims of the Delaware are set forth in
their petition on file in the Court of
Claims and also in your office. The evidence
in the suit in the Court of Claims has been
closed, the record printed, and the case is
now ready for hearing. It will be brought on
for a hearing as soon as the court can fix
the time for its being heard. It is on the
calendar for October, and is likely to he
heard sometime during October or November.
We ask of the Department of the Interior
that no distribution or allotment be made of
the Cherokee lands until the final
determination of the suit in the Court of
Claims, unless the rights of the Delaware as
claimed in their petition in the suit in the
Court of Claims he in every way protected.
Such rights will not be protected unless-
1. The 157,600 acres, which the Delaware
claim to own by virtue of their purchase of
the same and payment therefor, be first
segregated and set apart, so that no
distribution or allotment of the same shall
be made.
2. Unless each Delaware have the same
opportunity as each Cherokee to select and
segregate-subject to the future
determination of the court-such lands as
under the Delaware' claims be is entitled to
as a Cherokee citizen and outside of the
157,600 acres of land purchased by the
Delaware.
If the Delaware were not allowed to make
their selections at the same time that the
Cherokee made theirs, the Delaware citizen
of the Cherokee Nation would be at a
disadvantage compared with the Cherokee, in
that in ease the decision of the Court of
Claims is in favor of the Delaware, he could
only take such lands as had been left after
the Cherokee had made their selection. The
Delaware should have the same right to
select what he considers the choicest lands
as the Cherokee has. No distinction should
be made between them so far as such
selection is concerned.
The Delaware, by virtue of moneys heretofore
paid to them by the United States in
consideration of lands which they gave up at
the time, have been in possession of
considerable funds and have used those funds
under the advice of the Secretary in
improving lands which they selected and
which they have made their homes in the
Indian Territory. Their improvements cover
far more than the 157,600 acres-in fact they
cover not only the 157,600 acres, but nearly
all they will receive in case the suit in
the Court of Claims is decided in their
favor as Cherokee citizens, outside of the
157,600 acres of land if after the
segregation of the 157,600 acres purchased
and paid for by the Delaware, the Cherokee
are allowed to have priority in the
selection of their lands, many Delaware will
be ousted from their homes and from the
lands on which they have spent large sums of
money for improvements under the advice of
your Department, and have no redress
therefor.
I submit that all selections and allotments
of land outside of the 157,600 acres be
postponed until after the final
determination of the suit in the Court of
Claims, or that the Delaware should be
allowed to make provisional selections-to
hold good in case the suit is decided in
their favor-at the same time that the
Cherokee make their selections.
In this war the rights of all parties will
be preserved. The Delaware will get what
they are entitled to in case the suit is
determined in their favor. The Cherokee will
lose no rights, which they possess.
I am not asking the Department to prejudge
the case in the Court of Claims in any way
in our favor. Congress has referred the
determination of the rights of the parties
as between the Delaware and the Cherokee to
that court, and it would be out of place for
me to argue the same matter before your
Department, which is to be argued and
decided by the Court of Claims. I can only
say that the claims of the Delaware, as
embraced in the petition in the suit in the
Court of Claims, have been formulated and
drawn with great care and deliberation and
that I believe they are in every respect
well founded in fact and in law.
If, however, the lands should be distributed
and allotted-that is, the lands outside of
the 157,600 acres which the Delaware have
bought and paid for-without providing for
selection by the Delaware on equal terms in
every way with the Cherokee, it would be a
prejudgment of the case against us, and that
is what we object to. Such action would tend
to make the judgment of the Court of Claims,
if in our favor, of no avail, or of less
avail than it otherwise would be. It would
be like postponing the appeal until after
the execution of the criminal.
Department Of The Interior,
Washington, October 6, 1902
Mr. Walter S. Logan,
27 Williams Street, New York, N.Y.
Sir: Acknowledging receipt of your
communication of the 2d instant requesting
that no allotment of Cherokee lands be made
until final determination of suit in the
Court of Claims unless the rights of the
Delaware be in every way protected, you are
informed that said letter has been referred
to the Dawes Commission, at Muscogee, Ind.
T., for consideration and appropriate
action.
By direction of the Secretary:
Respect fully,
EDWARD M. DAWSON, Chief Clerk
Department Of The Interior, Office of
Indian Affairs
November 22, 1902.
The Secretary Of The Interior
Sir: There is enclosed herewith a report
from the Commission to the Five Civilized
Tribes, dated October 20, 1902, relative to
the requests of Walter S. Logan, attorney
for the Delaware in their suit against the
Cherokee Nation, contained in his letter of
October 2, 1902, which was referred by the
Department to the Commission for report and
recommendation on October 6 last.
Mr. Logan in his communication states that
he does not ask the Department to prejudge
the case in favor of his clients; that
Congress has referred a determination of the
rights of the respective parties to the
court, and that it would be out of place for
him to argue the same before the Department.
In his letter Sir. Logan invites attention
to the issues involved in the suit
mentioned, which is now pending in the Court
of Claims, gives the present status of the
case, and states:
We ask of the Department of the Interior
that no distribution or allotment he made of
the Cherokee lands until the final
determination of the snit in the Court of
Claims unless the rights of the Delaware as
claimed in their petition in the suit in the
Court of Claims be in every way protected.
Such right will not he protected unless-
The 157,600 acres which the Delaware claim
to own by virtue of their purchase of the
same and payment therefor be first
segregated and set apart, so that no
distribution or allotment of the same shall
be made.
Unless each Delaware have the same
opportunity as each Cherokee to select and
segregate, subject to the future
determination of the court, such lands as
under the Delaware' claim he is entitled to
as a Cherokee citizen and outside of the
157,600 acres of land purchased by the
Delaware.
"If the Delaware were not allowed to make
their selections at the same time that the
Cherokee made theirs, the Delaware citizen
of the Cherokee Nation would be at a
disadvantage compared to the Cherokee, in
that in case the decision of the Court of
Claims is in favor of the Delaware he would
only take such land as had been left after
the Cherokee had made their selection. The
Delaware should have the same right to
select what he considers the choicest lands
as the Cherokee has. No distinction should
be made between them so far as such
selection is concerned.
"The Delaware, by virtue of moneys
heretofore paid to them by the United States
in consideration of lands which they gave up
at the time, have been in possession of
considerable funds and have used those funds
under the advice of the Secretary in
improving lands which they selected and
which they have made their homes in the
Indian Territory. Their improvements cover
far more than the 157,600 acres-in fact they
cover not only the 157,600 acres, but nearly
all they will receive in ease the suit in
the Court of Claims is decided in their
favor, as Cherokee citizens, outside of the
157,600 acres of land. If, after the
segregation of the 157,600 acres purchased
and paid for by the Delaware, the Cherokee
are allowed to have priority in the
selection of their lands, many Delaware will
be ousted from their homes and from the
lands on which they have spent large sums of
money for improvements under the advice of
pair Department, and have no redress
therefor.
"I submit that all selections and allotments
of land outside of the 157,600 acres be
postponed until after the final
determination of the suit in the Court of
Claims, or that the Delaware should be
allowed to make provisional selections-to
hold good in case the suit is decided in
their favor-at the same time that the
Cherokee make their selections.
"In this way the rights of all parties will
be preserved. The Delaware will get what
they are entitled to in case the suit is
determined in their favor. The Cherokee will
lose no rights which they possess."
The Commission, with reference to Mr.
Logan's request that the allotment of
Cherokee lands he held "until the final
determination of the suit in the Court of
Claims." invites attention to section 23 of
the Cherokee agreement, which is as follows:
All Delaware Indians who are members of the
Cherokee Nation shall take lands and share
in the funds of the tribe, as their rights
may he determined by the judgment of the
Court of Claims, or by the Supreme Court if
appealed, in the suit instituted therein by
the Delaware against the Cherokee Nation and
now pending: but if said suit be not
determined before said Commission is really
to begin the allotment of lands of the tribe
as herein provided, the Commission shall
cause to he segregated one hundred and
fifty-seven thousand six hundred acres of
land, including lands which have been
selected and occupied by Delaware in
conformity to the provisions of their
agreement with the Cherokee dated April
eighth, eighteen hundred and sixty-seven,
such lands so to remain, subject to
disposition according to such judgment as
may be rendered in such cause; and said
Commission shall thereupon proceed to the
allotment of the remaining lands of the
tribes as aforesaid. Said Commission shall,
when final judgment is rendered, allot lands
to such Delaware in conformity to the terms
of the judgment and their individual rights
thereunder.
"Nothing in this act shall in any manner
impair the rights of either party to said
contract as the same may be finally
determined by the court, or shall interfere
with the holdings of the Delaware under
their contract with the Cherokee of April
eighth, eighteen hundred and sixty-seven,
until their rights under said contract are
determined by the courts in their suit now
pending against the Cherokee, and said suits
shall be advanced on the dockets of said
courts and determined at the earliest time
practicable," and takes the position that
said section clearly shows that it was not
the intention of Congress to permit the
allotment work to be delayed because of the
fact that said suit was pending in the Court
of Claims.
It states that the representations made by
Mr. Logan carry with them the certainty that
if the decision of the court should be
adverse to the Delaware in any particular a
request for further delay of the allotment
work would be made by the Delaware on the
ground that their rights had not yet been
adjudicated by the Supreme Court, to which
an appeal from the Court of Claims will be;
that should the request be granted and the
decision of the Court of Claims be adverse
to the contention of the Delaware, the
Delaware would be entitled to have the
allotment work further delayed on the ground
that they expected a decision in their favor
of the Supreme Court.
The Commission gives it as its opinion that
the statute above quoted does not
contemplate an allotment to each Delaware of
an amount of land equal to the per capita
share of each Cherokee "in addition to the
allotment which such Delaware will receive
from the 157,600 acres to be segregated
pending the determination of said suit, and
that to adopt the contrary view in
proceeding with the Cherokee allotment would
place at a serious disadvantage innumerable
Cherokee, who unlike the Delaware, have
neither improved lands nor homes of their
own."
The Commission states that the 157,600 acres
of land to be segregated for the Delaware
are to include lands heretofore selected,
occupied, and improved by them and upon
which they are now living, and invites
attention to the following quotation from
the petition of the Delaware in the suit now
pending in the Court of Claims:
That thereupon the said Delaware selected
the said 157,600 acres of land from the said
Cherokee Reservation east of line 96°, not
theretofore selected or in possession of
other parties, entered into the occupancy
and possession of the same and made
extensive and valuable improvements thereon,
and they, their children, descendants, heirs
at law, and personal representatives, have
continued to occupy and possess the said
lands and the said improvements and have
continued to make extensive and valuable
improvements thereon and to reside thereon
down to the present time."
The Commission holds that it has no
authority under the law to make allotments
to Delaware of land not embraced in the
segregation required by the agreement; that
the allotments to the Cherokee should begin
at the earliest possible date; that upon the
application of any Delaware citizen there
should be reserved from allotment until the
final determination of the suit mentioned,
such lands not embraced in such segregation
not exceeding an amount equal in value to
110 acres of average allotable land of the
Cherokee Nation "as contain permanent and
valuable improvements owned by such Delaware
citizen." The Commission is of time opinion
that if the course outlined by it is
pursued, the rights of the Delaware will he
fully protected.
As this office understands the contention of
the Delaware, they claim they are not only
entitled to time 157,600 acres, but are also
entitled to share equally with the other
citizens of the Cherokee Nation in time
remaining lands.
Section 23 of the Cherokee agreement
specifically declares that if the suit "be
not determined before said Commission is
ready to begin the allotment of lands of the
tribe as provided herein, the Commission
shall cause to be segregated 157,600 acres
of land, including the lands which have been
selected and occupied by time Delaware," and
directs that the Commission "shall thereupon
proceed to the allotment of the remaining
lands of the tribe as aforesaid."
The office agrees with the Commission that
it was not the intention of Congress to
delay the allotment work in the Cherokee
Nation until the suit between the Delaware
and the Cherokee shall have been finally
determined, and it therefore respectfully
recommends that the Commission's report be
approved and that it be instructed to
proceed in accordance therewith.
Very respectfully, your obedient servant,
W. A. JONES, Commissioner
Sir: Receipt is hereby acknowledged of a
communication from Walter S. Logan, dated
October 2, 1902, relating to allotments of
land in the Cherokee Nation to the Delaware
Indians, which was referred by the
Department to this Commission for
consideration, report, and recommendation on
October 6, 1902.
After calling attention to the issues
involved in the suit of the Delaware Indians
against the Cherokee Nation, now pending in
the Court of Claims, and giving the present
status of the ease, Mr. Logan states:
"We ask of the Department of the Interior
that no distribution or allotment be made of
the Cherokee lands until the final
determination of the suit in the Court of
Claims, unless the rights of the Delaware as
claimed in their petition in the suit in the
Court of Claims lie in every way protected.
Such rights will not be protected unless-
1. The 157,000 acres which the Delaware
claim to own by virtue of their purchase of
the same and payment therefor be first
segregated and set apart, so that no
distribution or allotment of the same shall
be made.
2. Unless each Delaware have the same
opportunity as each Cherokee to select and
segregate-subject to the future
determination of the court-such lands as
tinder the Delaware' claims he is entitled
to as a Cherokee citizen and outside of the
157,600 acres of land purchased by the
Delaware.
"If the Delaware were not allowed to make
their selections at the same tune that the
Cherokee made theirs, the Delaware citizen
of the Cherokee Nation would he at a
disadvantage compared with the Cherokee, in
that in case the decision of the Court of
Claims is in favor of the Delaware he could
only take such lands as had been left after
the Cherokee had made their selection. The
Delaware should have the same right to
select what he considers the choicest lands
as the Cherokee has. No distinction should
be made between them so far as such
selection is concerned.
The Delaware, by virtue of moneys heretofore
paid to them by the United States in
consideration of lands which they gave up at
the time, have been in possession of
considerable funds and have used those funds
under the advice of the Secretary in
improving lands which they selected and
which they have made their homes in the
Indian Territory. Their improvements cover
far more than the 157,600 acres. In fact,
they cover not only the 157,600 acres, but
nearly all they twill receive in case the
suit in the Court of Claims is decided in
their favor as Cherokee citizens, outside of
the 157,600 acres of land. If, after the
segregation of the 157,600 acres purchased
and paid for by the Delaware, the Cherokee
are allowed to have priority in the
selection of their lands, many Delaware will
be ousted from their homes and from the
lands on which they have spent large sums of
money for improvements, under the advice of
your Department, and have no redress
therefor.
"I submit that all selections and allotments
of land outside of the 157,600 acres be
postponed until after the final
determination of the suit in the Court of
Claims, or that the Delaware should be
allowed to make provisional selections-to
hold good in case the suit is decided in
their favor-at the same time that the
Cherokee make their selections.
"In this way the rights of all parties will
be preserved. The Delaware will get what
they are entitled to in ease the suit is
determined in their favor; the Cherokee will
lose no rights which they possess."
With reference to the proposition to delay
the allotment of Cherokee lands "until the
final determination of the suit in the Court
of Claims," attention is invited to section
23 of the act of Congress approved July 1,
1002 (Public-No. 241), which is as follows:
"SEC. 23. All Delaware Indians who are
monitors of the Cherokee Nation shall take
lands and share in the funds of the tribe,
as their rights may be determined ire the
judgment of the Court of Claims, or by the
Supreme Court if appealed, in the suit
instituted therein by the Delaware against
the Cherokee Nation, and now pending; but if
said suit be not determined before said
Commission is ready to begin the allotment
of lands of the tribe as herein provided,
the Commission shall cause to be segregated
one hundred and fifty-seven thousand six
hundred acres of land, including lands which
have been selected and occupied by Delaware
in conformity to the provisions of their
agreement with the Cherokee dated April
eighth, eighteen hundred and sixty-seven,
such lands so to remain, subject to
disposition according to such judgment as
may be rendered in said cause; and said
Commission shall thereupon proceed to the
allotment of the remaining lands of the
tribe as aforesaid. Said Commission shall,
when final judgment is rendered, allot lands
to such Delaware in conformity to the terms
of the judgment and their individual rights
thereunder. Nothing in this act shall in any
manner impair the rights of either party to
said contract as the same may be finally
determined by the court, or shall interfere
with the holdings of the Delaware under
their contract with the Cherokee of April
eighth, eighteen hundred and sixty-seven,
until their rights under said contract are
determined by the courts in their suit now
pending against the Cherokee, and said suit
shall be advanced on the dockets of said
courts and determined at the earliest time
practicable."
The language of said section clearly shows
that the allotment of Cherokee lands was not
to be delayed by the suit now pending in the
Court of Claims, and the representations
made by Mr. Logan carry with them the
certainty that if the decision of said court
should be adverse to the Delaware in any
particular a further request for delay in
allotment would he made by the Delaware on
the ground that their rights had not yet
been adjudicated by the Supreme Court, to
which an appeal from the Court of Claims
will lie.
On the other hand, should the allotment be
delayed on the request of the Delaware until
the case has been decided by the Court of
Claims, the Cherokee Nation, should the
decision of said court be adverse to it,
would be entitled to have the allotment
further delayed on its request in the
expectation that the decision of the Supreme
Court would be in its favor.
The Commission is of the opinion that the
statute above quoted does not contemplate an
allotment to each Delaware of an amount of
land equal to the per capita share of each
Cherokee in addition to the allotment which
such Delaware will receive from the 157,600
acres to be segregated pending the
determination of said suit, and that to
adopt the contrary view in proceeding with
the Cherokee allotment would place at a
serious disadvantage innumerable Cherokee
who, unlike the Delaware, have neither
improved lands nor homes of their own.
The 157,600 acres of land to be segregated
for the Delaware arc to include lands
heretofore selected, occupied, and improved
by them, and upon which all of said Delaware
are living, as is set forth on page 10 of
their petition in the suit now pending in
the Court of Claims, as follows:
That thereupon the said Delaware selected
the said 157, 600 acres of laud from the
said Cherokee reservation east of line 96°,
not theretofore selected or in possession of
other parties, entered into the occupancy
and possession of the same, and made
extensive and valuable improvements thereon,
and they, their children, descendants, heirs
at law, and personal representatives have
continued to occupy and possess the said
lands mill the said improvements, and have
continued to make extensive and valuable
improvements thereon and to reside thereon
down to the present time,"
Holding to the opinion that the Commission
is without authority of law to make
allotments to Delaware of the land not
embraced in the segregation provided for in
the statute above quoted, and that the
allotments to Cherokee should begin at the
earliest date possible, the Commission
believes, however, that upon the application
of any Delaware citizen there should be
reserved from allotment until the final
determination of the suit of the Delaware
against the Cherokee only such lands not
embraced in said segregation and not
exceeding land equal in value to 110 acres
of average allotable lands of the Cherokee
Nation as contains permanent and valuable
improvements owned by such Delaware citizen.
Such a course would, in the opinion of the
Commission, fully protect the rights of all
I Delaware in and to all improved lands held
by them on August 7, 1902, the date of the
ratification of the act of Congress approved
July 1, 1902 (Public-No. 241), and would not
interfere with the selection of allotments
from the unimproved public domain by
Cherokee citizens.
Mr. Logan's letter of October 2, 1002, is
herewith enclosed.
