New York, December 3, 1903.
Hon. Tams Bixby,
Chairman Commission, Muscogee, Ind. T.
My Dear Sir: I have your telegram of November 27, stating that the Commission will meet on December 10 to consider matters pertaining to the segregation of Delaware lands and that you will be pleased to hear oral or written arguments which we may desire to present touching the method which should be adopted for making segregation.
The agreement between the Delaware and the Cherokee of April 8, 1867, provides that–
“The selection of the lands to be purchased by the Delaware may be made by said Delaware in any part of the Cherokee Reservation east of the said line of 96 not already selected and in the possession of other parties.”
The Delaware, therefore, are to make their own selection.
The selections they have made are on file with you. The only question that can arise, therefore, is as to whether any part of the lands selected were “already selected and in the possession of other parties” within the meaning of the agreement.
The phrase “already selected and in the possession of other parties” refers of course to the date of the agreement; that is, April 8, 1867. If it is claimed, therefore, that any part of these lands were not open to the Delaware to select, it must be because on April 8, 1867, they had been “already selected and in the possession of other parties” who are now claiming them. It is not enough that the lands should have been “selected.” They must have been not only “selected,” but in the actual “possession of other parties.”
If it is claimed that any part of these lands were on April 8, 1867, “already selected and in the possession of other parties” that would raise an issue, which I have no doubt your Commission has the power to determine, and we will be prepared to meet any such issue when it is raised. In case that issue should be determined against us as to any particular section or tract of land, then we will make other selections that are open to us to complete the 157,600 acres.
Otherwise, we are entitled to have segregated to us the lands we have already selected, and in any event we are entitled to have segregated to us the lands which we have selected and which were not on April 8, 1867, “already selected and in the possession of other parties,” and such other lands as we may hereafter select in the place of those which it may determine were on that date “already selected and in the possession of other parties.”
I had a talk with Mr. William T. Hutchins in Washington yesterday on this matter, and his views and mine seem to be in entire accord in the matter.
The Delaware insist upon the segregation to them of the lands which they have already selected, and, if further selections are to be made, of the lands which they may hereafter select.
I am of the opinion that the function and power of your Commission is confined simply to the determination of what lands the Delaware have selected and whether they were under the terms of this agreement open to selection by the Delaware.
Whenever any issue that may be raised in this matter is to come up for trial before your Commission, the Delaware will be properly represented either by my office or otherwise upon receiving adequate notice.
The provision limiting the right of the Delaware to select lands “not already selected and in the possession of other parties” is of course inserted simply for the protection of parties who had already made their selection at that time and such parties alone are entitled to raise the objection. If the Delaware have bought the rights of Cherokees already in possession, or induced for any consideration the Cherokee to give up his selection, then the lands became obviously open for selection to the Delaware. The only lands which the Delaware could not select were those which were “already selected and in the possession of other parties,” who are in position to insist upon their rights, and do so insist upon their rights. When they have sold out to the Delaware, they can not of course set up their prior locations against the Delaware selections.
Yours, very truly,
Walter S. Logan
On June 18, 1897, I bought from William P. Ross and Edward C. Ross three-fourths interest in the SW. ¼ and the NW. ¼ of sec. 29, T. 16, R. 20, paving the sum of $160.
At a later date I bought the remaining interest of the Ross brothers, paying the sum of $125.
On the 23d day of January 1897, I bought from Walter Scott 38 acres in sec. 6, T. 15, R. 20, for which I paid the sum of $300.
On the 27th day of November, 1896, I paid Walter Scott $50 for about 25 acres of land on the north side of Fort Gibson and Tahlequah road, to straighten up our lines in sec. 1, T. 15, R. 20.
On the 2d day of November 1896, I paid James S. Fuller and Rosie L. Fuller $400 for about 40 acres of land in secs. 1 and 12, T. 15, R. 19.
On the 19th day of December, 1896, I paid William P. Ross and Maud Ross $150 for 18 acres of land on the north side of Fort Gibson road that runs by the national cemetery, the same being in sec. 1, T. 15, R. 19.
On the 23d day of January 1897, I paid H. C. Meigs $500 for a tract of land then known as the Meigs pasture, consisting of about 500 or more acres, being in secs. 30 and 31, T. 16, R. 20.
On the 8th day of December, 1896, I paid to J. S. and R. L. Fuller $200 for 15 or more acres of land bounded as follows: On the east side by the tracts lately belonging to William Ross and now belonging to R. C. Adams; on the south side by the Tahlequah and Fort Gibson Road; on the west by the State line running parallel with the section line, and on the north by the Corrall branch, all being in sec. 1, T. 15, R. 19.
On the 9th day of December 1896, I paid Alfred Smith $25 for about 2½ acres of land in sec. 1, T. 15, R. 19, to straighten up my line.
On July 10, 1897, I paid William Hendricks and wife for 200 acres or more of land located in sec. 6, T. 15, R. 20, and sec. 31, T. 16, R. 20, $500.
On the 3d day of December 1896, I paid Walter Scott $40 for 24 acres in sec. I, T. 15, R. 19.
On the 24th day of July 1897, I paid William P. Ross and M. W. Ross and E. G Ross $1,000 for 50 acres of land in sec. 6, T. 15, R. 20. and secs 31, T. 16, R. 20; also 80 acres in sec. 29, T. 16, R. 20.
On December 24, 1896, I paid E. C. Willey $10, and also cleared up and put in order a good road, for the right to change up my lines on the north, in sec. 1, T. 15, R. 19, and sec. 6, T. 15, R. 20.
On November 30, 1896, I paid J. Thompson and E. C. Thompson $250 for 40 acres of land in sec. 1, T. 15, R. 19.
On the 10th day of July, 1897, 1 paid William Hendricks and Eliza Hendricks $500 for 200 acres, more or less, formerly known as the Ross place, and located in sec. 6, T. 15, R. 20, and sec. 31, T. 16, R. 20.
About March 1897, I selected and improved land in secs. 25 and 36, T. 16, R. 19, consisting of about 340 acres.
1 also purchased at a later date from a party whose name I do not remember the SE. ½ of sec. 36, T. 16, R. 19, and 80 acres in sec. 31, T. 16, R. 20.
On October 31, 1899, I paid Harve and Lucy Bacon $200 for 160 acres of land, being the E. ½ of the SE. ¼ of sec. 26, and the” E. ½ of the NE. ¼, of sec. 35, T. 25, R. 16.
On February 7, 1900, I bought from John Scruggs, guardian of Lincoln Scruggs, 240 acres of land, described as follows: SE. ¼ of sec. 21, and the S. ½ of the NE. ¼ of sec. 21, and the S. ½, of the NW. ¼ of sec. 21, all in T. 24, R. 17, for which I paid $450.
On the 20th day of October. 1899, I paid $600 to William Dale for 320 acres of land, being the N. ½ sec. 18, T. 24, R. 17.
On the 29th of August 1899, I paid Lewis and Ella Bibles $1,250 for 750 acres, more or less, being the SW. ¼ of sec. 14; the S. ½ of the NW. ¼ of sec. 14; lots 1, 2, 6, 7, and 8, in sec. 15; S. ½ of the NE. ¼; the SE. ¼; the NE. ¼ of the SW. ¼, and the S. ½ of the SW. ¼ of sec. 15; lots 3 and 5 in sec. 16, all in T. 24, R. 16.
On the 15th day of September 1899, I paid C. A. Robison $750 for the W. ½ of the NW. ¼ of sec. 3, and the E. ½ of sec. 4, both in T. 23, R. 17.
On the 22d of June 1899, I paid Henry C. Meigs and Mrs. F. J. Boudinot $500 for 560 acres of land, being the NW. ¼ of sec. 18, T. 23, R. 15, and the NE. ¼ of sec. 24, T. 23, R. 14, and the E. ½ of the SE. ¼ of sec. 13, T. 23, R. 14.
On the 14th of August 1899, I paid to D. W. and Ruth Rogers $350 for the SE. ¼ of sec. 27, and the S. ½ of the NE. ¼ of sec. 27, both in T. 24, R. 17, containing 240 acres.
On the 17th of August 1899, 1 paid John Hildebrand $225 for 200 acres of land, being the NE. ¼ of sec. 35, and the NE. ¼ of the SE. ¼ of sec. 35, T. 24, R. 17.
On the 21st of August 1899, 1 paid H. H. Bird $225 for the SE. ¼ of sec. 32, T. 24, R. 17.
On March 29, 1899, I paid John R. McIntosh $1,250 for the NW. ¼ of sec. 32, and the N. ½ of the SW. ¼ of sec. 32, T. 24, R. 17. being 240 acres.
List of land of the Cherokee Nation set aside as the Delaware segregation, in accordance with section 22 of the Cherokee agreement (Public No. 241), approved by the President July 1, 1902, and ratified by the Cherokee Nation August 7, 1902.
| Land shown to be selected and occupied by living registered Delaware | 26,870.34 |
| Land shown to be selected and occupied by deceased registered Delaware and now in possession of their descendants | 3,203.68 |
| Public domain | 127,526.82 |
| Total | 157,600.84 |
Muscogee, Ind. T., December 31, 1903.
The following described land of the Cherokee Nation is hereby segregated as the Delaware segregation of said nation, in accordance with section 23 of the Cherokee agreement (Public No. 241), approved by the President July 1, 1902, and ratified by the Cherokee Nation August 7, 1902; and this list is in substitution or amendment of any other list or lists which have heretofore been considered by the Commission in connection with said Delaware segregation.
Allotment of Lands to Delaware Indians
Allotment of Lands to Delaware Indians, 58th Congress, 2nd Session, Senate, No.104, 1904