Delaware Exhibits

Exhibit A.

Muscogee, Ind. T., January 5, 1903

Walter S. Logan, Attorney for Petitioners
Wilham T. Hutchings, Attorney for Respondents

Gentlemen: There was filed in the office of the Commission on December 16, 1902, what purports to be a copy of a stipulation of counsel theretofore filed in the United States Court of Claims in the case of the Delaware Indians v. the Cherokee Nation, No. 21139, which stipulation, omitting: the caption, is as follows:

“In pursuance of leave reserved and granted by the court upon the final hearing of this case, it is hereby stipulated and agreed that the record herein be amended by substituting in the place of the incorrect description given in the record herein of the 157,600 acres selected and claimed by the Delaware, the annexed descriptions which, upon careful examination, have been found correct.

“And it is further stipulated and agreed that the court may, in its decision and final judgment herein, use the annexed correct descriptions in the place of the incorrect descriptions contained in said record, provided, however, such substituted descriptions do not interfere with the lawful rights or claims of other Cherokee citizens.

Washington, D. C, December 10, 1902.

Walter S. Logan, Attorney for Petitioners
Wilham T. Hutchings, Attorney for Respondents

Following the above are the descriptions of the lands therein referred to, aggregating 157,601.74 acres, said descriptions being arranged in paragraphs designated by letters from A to Z, AA to ZZ, and AAA to PPP.

In accordance with the provisions of section 23 of the act of Congress approved July 1, 1902 (32 Stat. L., 716), the Commission has segregated and reserved from allotment, subject to disposition according to such judgment as may be rendered in said cause, 157,541.74 acres of land in the Cherokee Nation, the same being the land described in said stipulation, less 60 acres accounted for as follows:

(a) On page 9, paragraph L, section 5, calls for lots 1 and 2 E. ½ of NW. ¼ of section 30, township 21 N., range 13 E., and gives area as 159.96 acres. The area of this quarter section as expressed upon the official township plat is 159.78 acres. The area originally was as given in the stipulation, 159.96, but owing to corrections in areas of lots it now appears as 159.78 acres. Deficit, 0.18 of an acre.

{b) On page 9, paragraph L, section 6, calls for lots 1 and 2 of section 31, township 21 N., range 13 E., and gives area as 79.96 acres. The areas of these two lots as expressed upon official plat is 79,34 acres. Deficit, 0.62 of an acre.

(c) On page 14, paragraph Q, section 4, calls for all of section 7, township 26 N., range 13 E. 12.34 acres of this section are included within the limits of the town site of Bartlesville. Deficit, 12.34 acres.

{d) On page 46, paragraph II, section 3, calls for the SE. ¼ of section 8, township 23 N., range 16 E., containing 160 acres. This quarter section is rendered fractional by the Verdigris River, and contains a land area of but 143.99 acres. Deficit, 16.01 acres.

(e) On page 46, paragraph II, section 6, calls for lot 4 of section 30, township 23 N., range 16 E., giving area of same as 39.33 acres. The official township plat shows area of this lot to be 38.80 acres. Deficit, 0.53 of an acre.

(f) On page 51, paragraph MM, section 2, calls for the N. ½ and SW. ¼, of section 4, township 26 N., range 16 E., and gives area of the same as 480 acres. The official township plat shows area of these tracts of land to be 480.08 acres. Excess, 0.08 of an acre.

(g) On page 54, paragraph MM, section 1, calls for the W. ½ of section 6, township 27 N., range 16 E. 12.50 acres of the W. ½ of said section are included within the limits of the town site of Lenapah. Deficit, 12.50 acres.

(h) On page 63, paragraph VV, section 3, calls for the NE. ¼, of NW. ¼, of section 20. township 15 N., range 19 E, and gives area as 40 acres. The NE. ¼ of NW. ¼ of said section is lot 1, being rendered fractional by the Creek-Cherokee boundary line, and contains 39.98 acres. Deficit, 0.02 of an acre.

(i) On page 72, paragraph OOO, section 1 (d), calls for the N. ½ of the NE. ¼ of section 6, township 11 N., range 24 E., giving area as 80 acres. 17.80 acres of said tract are included within the limits of the town site of Salhsaw. Deticit, 17.80 acres.

(j) On page 73, paragraph OOO, section 1 [d), calls for the N. ½ of the SE. ¼ of section 6, township 11 N., range 24 E., and gives area as 80 acres. 0.08 of an acre of the above-described tract is included within the limits of the town site of Sallisaw. Deficit, 0.08 of an acre.

Summary

In addition to the foregoing there have been found certain discrepancies, which appear to be clerical errors, as follows:

On page 2, paragraph F, section 1 calls for SW. ¼ of NW. ¼ of section 31, township 25 N., range 12 E. There is no section 31 in this fractional township, and the same by location would be in the Osage Nation. This is probably a transposition of figures, and intended for section 13.

On page 4, paragraph H, section 4 calls for E. ¼ of NW. ¼ of section 13, township 27 N., range 12 E. This is apparently a clerical error, and intended for the E. ¼ of NW ¼.

On page 12, paragraph P, section 8(b) calls for the SW. ¼ of section 10, township 25 N., range 13 E. This is apparently a clerical error, and intended for the SE. ¼, as section 8 (a) of the same paragraph, on page 11, calls for the W. ½ of section 10, township 25 N., range 13 E., which includes the SW. ¼ of said section.

On page 42, paragraph EE, section 1(a), the ¼ has been omitted from the description, which reads S. ½ of S. ½ of NW. of section 6, township 27 N., range 15 E.

On page 42, paragraph EE, section 1 (c), calls in part for the W. ½ of SE. ? of SE. ¼ of section 6, township 27 N., range 15 E. The description SE. ¼ is apparently intended for SE. ¼.

On page 70, paragraph III, section 5, calls for lots 1, 2, 3, 4, 5, and 7 of section 11, township 23 N., range 21 E., and gives area as 187.80 acres. The official township plat shows area of these lots to be 149.20 acres. The addition of lot 6, however, of the same section, which lot contains 38.60 acres, would make a total area of 187.80 acres as called for in stipulation, and it appears that either lot 6 was omitted from stipulation by mistake, or, if intentionally omitted, the change in total area was not made. (Lot 6 was temporarily reserved, making the area of reservation agree with that given in stipulation in this case.)

On page 71, paragraph JJJ, section 7, calls for the S. ¼ of SW. ¼ of section 25, township 24 N., range 21 E., giving area as 80 acres. This was apparently intended for S. ½ of SW. ¼ of said section.

In those cases where clerical errors have been discovered, as aforesaid, the Commission has made a tentative segregation of the land which it believed the counsel intended to describe in said stipulation and as previously indicated.

You are therefore respectfully requested to advise the Commission of such action as you may take to amend or correct the record in said cause in so far as it relates to the description of the land claimed by the Delaware, and to file with the Commission at the earliest date possible a certified copy of such instrument as may be filed in said court for that purpose. Yours, truly,

TAMS BIXBY, Acting Chairman

Exhibit B

January 15, 1903.

Hon. Tams Bixby,
Acting Chairman Commission to the File Civilized Tribes, Muscogee, Ind. T.

Sir: Enclosed I hand you certified copy of the second amended description of the Delaware lands. On reviewing we find that several corrections were necessary, substantially what you called our attention to in your letter, that is: On page 2, 1 correction; page 4, 1 correction; page 9, 2 corrections; page 12, 1 correction, and on page 14 we take exception to the town of Bartlesville intruding on Delaware lands. Arthur Armstrong, a Delaware Indian, who owns this land, had been living there many years before the town of Bartlesville was thought of.

On page 42 we make 2 corrections; on page 46, 2 corrections; on page 51, 1 correction, and on page 54, which you claim that part of the selection belongs to the town of Lenapah, we do not concede this for the same reason as above; that is, we have made the selection before the town was surveyed. On page (63 we make 2 corrections; on page 72, 1 correction, and on pages 71 and 74 we contend that our rights to this land are older and better than the rights of the town of Salisaw.

We offer as a substitute for any shortage the following: SE. ¼ of the SE. ¼ of sec. 6, T. 26 N., R. 13 E., 40 acres, and the NE. ¼ of the SW. ¼ of sec. 6, T. 27 N., R. 13 E., 40 acres. Out of these 80 acres you can take our shortage, taking first the 40 acres described in T. 26, R. 13, and whatever is still lacking take out of the other 40 acres. Both of these forties are Delaware lands, in possession of Delaware Indians, and can well go into the segregated lands.

Yours, respectfully,
RICHARD C. ADAMS

Exhibit C

April 7, 1903.

Tams Bixby,

Chairman Commission to Five. Civilized Tribes, Muscogee, Ind. T.

Dear Sir: I am in receipt of a letter from F. B. Woodard, of Dewey, Ind. T., inclosing three letters from your Commission, relative to the interests of certain Delaware who hold and are in possession of part of the land segregated under section 28 of the act of Congress approved July 1, 1902, known as the Cherokee agreement and ratified by the Cherokees August 7, 1902. I can not see why any Cherokee should be allowed to interfere with the rights of the Delaware or their holdings until the same shall have been determined by the Court of Claims and the Supreme Court of the United States.

On February 2, 1908, the Court of Claims dismissed the suit, and during the same month we appealed the case to the Supreme Court of the United States. The record has been transmitted from the Court of Claims to the Supreme Court, and it is believed that the case will be tried at as early a date as the calendar will permit, but we are advised by the clerk of the Supreme Court that we can not be heard before the October term, if then, and likely the case would not be decided during the present year.

If a Cherokee is allowed to contest any Delaware’s holding before the Supreme Court passes upon the rights of the Cherokees, it seems to me that the intended effect of section 28 is lost to the Delaware.

My understanding is that the 157,600 acres of land is segregated and that no Cherokee will be allowed to tile on this land or to receive allotment out of it until the Supreme Court has finally passed upon the rights of the Delaware Indians.

I hope to receive an early early from you on this subject, and trust that the Commission will fully protect the interests of my people in their rights and holdings in the Cherokee Nation.

Yours, truly,
RICHARD C. ADAMS

Exhibit H

April 10, 1908.

Hon. M. S. Quay, Washington, D. C.

Dear Senator: When Congress passed the act entitled “An act for the protection of the people of the Indian Territory, and for other purposes.” which was approved June 28, 1898, and known as the Curtis Act, provision was made by section 25 thereof for the protection of the rights of the Delaware Indians in the Cherokee Nation, to the effect that before any allotments of lands should be made in the Cherokee Nation there should be segregated there from by the Commission to the Five Civilized Tribes, in separate allotments or otherwise, the 157, 600 acres purchased by the Delaware from the Cherokees under the agreement of April 8, 1867. Following this was a provision referring to the Court of Claims and the Supreme Court of the United States the question of the rights of the Delaware to these lands and to other allotments, and their interest in the Cherokee tribal lands and funds.

No action was taken by the Commission to comply with this provision of the Curtis Act until the passage of the act of Congress approved July 1, 1902, which was ratified by the Cherokees at a general election August 7, 1902, which act also provided in section 23 thereof as follows:

“Sec. 23. 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 be 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 is 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 the Delaware in conformity to the provisions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty-seven, said 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 right of either party to said contract, as the same may be finally determined by the courts, or shall interfere with the holdings of the Delaware under their contract with the Cherokees 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 Cherokees, and said suit shall be advanced on the dockets of said courts and determined at the earliest time practicable.”

In anticipation of the allotment of the lands of the Cherokee Nation, and in conformity with the provisions of said section 23, above quoted, the Delaware Indians, through me as their authorized attorney in fact and representative, filed in December, 1902, with the Commission to the Five Civilized Tribes a list of selections of land, aggregating about 157,600 acres, as and for their selections to be segregated as in said section provided. Certain minor errors being found in some of these descriptions, an amended and corrected list was forwarded to said Commission, at its request, in January, 1903, which said list of selections contained the description of 157,600 acres of land, was received, accepted, and placed on file by said Commission, as and for the Delaware lands segregated under the authority of said act.

On February 2, 1903, a decree was passed by the Court of Claims in the case of the Delaware Indians against the Cherokee Nation, and on March 19 an appeal was filed in the Supreme Court of the United States, where said case is now pending.

I desire to submit that the Commission to the Five Civilized Tribes, having exercised the authority vested in them by the act of July 1, 1902, above referred to, in the segregation of the Delaware lands, their authority and jurisdiction over the lands thus segregated is exhausted until the final determination of the suit of the Delaware against the Cherokees by the Supreme Court of the United States, and they have no further power to do any other act with reference to said lands. The act in question having provided that this segregation being made, the Commission should proceed to allot the remaining lands of the Cherokee tribe, they had no more power to receive any application for or to perform any act concerning any of the lands embraced within the Delaware selections than if these lands had been within the Osage Reservation in Oklahoma or had never been any part of the lands of the Cherokee tribe.

During the last week I have been in receipt of many letters and telegrams from Delaware Indians residing in the Indian Territory and occupying parts of the segregated lands above mentioned, who have received notification from the Commission that certain Cherokees have made filings upon lands occupied by said Delaware and within the segregated lands herein referred to, and notifying such Delaware to appear and file contests.

This action, which seems to indicate that the Commission does not intend to treat the segregated lands as withdrawn from selection by Cherokees, would, if carried out, effect a nullification of the act of Congress referred to and deprive the Delaware of all the protection for which Congress inserted the clause above referred to in the act of July 1, 1902. If such action could be sustained as to one or several selections, it could be sustained as to all, and there would he no segregated land. This would deprive the Delaware of their property rights, for they can not take their allotments at this time, and will not be allowed to do so until the case now pending in the Supreme Court of the United States shall have been finally determined, which, as I am informed by the clerk of that court, will probably not be for a year or more.

The Delaware Indians, acting under the advice of the Department of the Interior and the Indian agent, Leo E. Bennett, some years ago, spent almost all their tribal funds, which amounted to about $1,000,000, in the improvement of their homes in the Cherokee Nation embraced in the segregation referred to, They have always been loyal to the United States, have been law-abiding and peaceful in the Cherokee Nation, and now deserve the protection of the Government to the fullest extent, and it was the intention of Congress to extend this protection and make it fully effective. But if the law is to be interpreted as seems now to be the purpose of the commission, it will become inoperative and valueless and might as well never have been enacted. In view of this situation and the peril of my people, I desire to appeal to you to take such action in their behalf as may seem to yon proper, either by an application to the Secretary of the Interior or directly to the Commission, or both, as will prevent the contemplated action on the part of said Commission and preserve to the Delaware Indians the selections which they have made of these segregated lands until it shall be finally determined whether or not they are entitled to the same.

Yours, sincerely,
RICHARD G. ADAMS

[Indorsed.]

April 14, 1903
Respectfully referred to Hon. Tams Bixby, president Dawes Commission. I presume there is some satisfactory explanation if the facts are as stated. I feel much interested in the Delaware, who are a Pennsylvania tribe, and trust the Commission will see that they are protected in accordance with the act of Congress until the pending ligation with the Cherokees is determined.

M.S. Quay, U. S. S.

Exhibit D

April 10, 1903

Commission To The Five Civilized Tribes

Muscogee, Ind. T.

Gentlemen: Referring to my letter of March 27 to the Commission, in which I enclose a communication from J. W. Gibson describing lands being a part of the Delaware segregated lands, I am in receipt of a letter of April 4, 1903, signed by C. R. Breckinridge, commissioner in charge, in which he says that Mr. Gibson had been requested on that date to communicate to the Commission the nature and location of the improvements on this land owned by him, and that, upon receipt of this information he will be notified should any other citizen make application for this land or any part thereof as an allotment, in order that he may institute a contest for the land within the time provided by law.

Replying to this letter, I desire to submit on behalf of the Delaware people that the Commission, having segregated by description, by legal subdivision, the 157,600 acres in accordance with section 23 of the act of July 1, 1902, it is not within the power of the Commission now to accept any filing of selections on any part of said 157,600 acres so described, and that the Delaware Indians in possession of any part of this said described land should not be called upon to make contests of any such filing. The authority of the Commission to allot lands is limited by the said section 23 to the lands remaining and belonging to the Cherokee tribe after the segregation of this tract. The 157,000 acres of land described as aforesaid is not anymore a part of the Cherokee lands to be allotted at this time than are the lands of the Osage Reservation, and it is the duty of the Commission, whenever any Cherokee attempts to file on any lands embraced in the 157,600 acres, to decline to receive this filing, without putting the Delaware occupant to the expense and trouble of contesting.

The attention of the Commission is invited to the said section 23, wherein it provides that after the segregation of the 157,600 acres, if the Commission should be ready to make allotments before the Supreme Court (if the case then pending be appealed to that court) should finally determine the rights of the Delaware, “said Commission shall thereupon proceed to the allotment of the remaining lands of the tribe as aforesaid.”

I submit that under this provision of the law the Commission’s authority to allot lands is limited to the remaining lands of the Cherokee tribe, and that, therefore, the Commission has no jurisdiction over the 157,600 acres which they have segregated, the act of segregation having exhausted the powers of the Commission over these lands until the Supreme Court shall have finally acted on the appeal that has been taken to that court from the decree of the Court of Claims.

In other words, this 157,600 acres at the present time should be treated as if they were not embraced within the exterior limits of the Cherokee Nation, or were never a part of the Cherokee Reservation, and any attempt made by Cherokees to file on any part of this land should be rejected by the Commission without any further Proceedings.

Yours, truly,
RICHARD C. ADAMS

Exhibit E

Coody Bluff, Ind. T., January 31, 1903

The Dawes Commission

Gentlemen: Please inform me why all of the Delaware lands have not been segregated, as required by the late Cherokee treaty?

There are at least 50 Delaware whose lands have not been set apart as contemplated by the treaty.

We would like to have our lands placed in the same condition as other Delaware, or a satisfactory explanation why they are not.

Yours, very truly,
WILLIAM NAIRN

Muscogee, Ind. T., February 6, 1903.

Wilham Nairn, Coodys Bluff, Ind. T.

Dear Sir: The Commission is in receipt of your letter of January 31, complaining that there are at least 50 Delaware whose lands have not been set apart as contemplated by the recent Cherokee agreement. You ask why these lands have not been set apart.

In reply, you are advised that there have heretofore been segregated for the Delaware citizens of the Cherokee Nation 157,600 acres of land in the Cherokee Nation. This is all the land, which the recent Cherokee agreement provided should be segregated for the Delaware.

Respectfully,

C. R. BRECKINRIDGE, Commissioner in Charge.

Coodys Bluff, Ind. T., February 15, 1903.

The Dawes Commission

Gentlemen: I received your communication in reply to my inquiry. In reply permit me to say that my understanding of the late Cherokee agreement is that the lands of all the Delaware that had been selected in conformity with the Cherokee-Delaware treaty of 1867 were to be segregated by the Dawes Commission, and not of a certain portion, and not of Cherokee lands, as has been done. In support of my views allow me to cite the following clause of the treaty:

”But if said suit be not determined before said Commission is ready to begin the allotment of lands of the tribes as herein provided, the Commission shall cause to be segregated 157,600 acres of land, including lands which have been selected and occupied by Delaware in conformity to the provisions of their agreement with the Cherokees dated April 8, 1867.”

This certainly has not been done. On the contrary, as before stated, many of the Delaware’ lands have not been segregated. While some Cherokee lands have been set apart, and again in some instances several thousand acres have been segregated for certain individuals among the Delaware an amount of land that could not in a just sense belong to them. In this manner some of the Delaware received much more than their share while others have not received any.

We can not think the Commission intentionally wronged us, but believe they were not conversant with the true state of the case. Yours, very truly,

Wilham Nairn

Exhibit F

Department of the Interior,
Commission to the Five Civilized Tribes,
Vinita, Ind. T., February 12, 1903.

Commission to the Five Civilized Tribes
Muscogee, Ind. T.

Gentlemen: Receipt is hereby acknowledged of the Commission’s letter of the 31st ultimo, inclosing a letter dated January 27, 190.3, from the acting United States Indian inspector for Indian Territory, in which he enclosed one copy of the exterior limit report, showing the description of land embraced in the town site of North Tulsa, Cherokee Nation. Said report hears the approval of the Secretary of the Interior under date of January 21, 1903.

In reply you are advised that the following described lands embraced within the limits of said town are included in the 157,600 acres of land which the Commission caused to be segregated for the use of the Delaware:

The S. ½ of the SW. ¼ of the SW. ¼ of sec. 36, T. 20 N., R. 12 E. of the Indian meridian, containing 20 acres.

This for your information
P. G. REUTER, Clerk in Charge

Exhibit G

Department of the Interior,
Commission to the Five Civilized Tribes,
Vinita, Ind. T. February 12, 1903

Commission to the Five Civilized Tribes
Muscogee, Ind. T.

Gentlemen: Receipt is hereby acknowledged of the Commission’s letter of the 20th ultimo, inclosing a communication from the acting United States Indian inspector for Indian Territory, dated January 17, 1903, accompanied by a sketch showing the land desired for town-site purposes at Lawton, Cherokee Nation.

In reply, you are advised that the following described tracts of land, which have been tentatively reserved for the town site of Lawton, are embraced in the 157,600 acres which the Commission caused to be segregated for the Delaware.

The N. ½ of the SE. ¼ of the SE. ¼ of the NW. ¼, and the NE. ¼ of the SE. ¼ of the NW. ¼, and the SE. ¼ of the NE. ¼ of the NW. ¼, all in sec. 21, T. 28 N., R. 13 E. of the Indian meridian, containing in all 25 acres.
This for your information.

Respectfully,
P. G. REUTER, Clerk in Charge