No. 1.
[Senate Resolution No, 77, Fifty-eighth Congress, second session,]
Resolved, That the Secretary of the Interior be, and he is hereby, directed to transmit forthwith to the Senate copies of the report of the Dawes Commission of November eleventh, nineteen hundred and three, of allotment of lands and the segregation of lands in the Cherokee Nation to the Delaware Indians, and also the report upon the segregation of said lands submitted to him by that Commission on January 1904, and all other reports upon that subject; and, furthermore, to transmit to the Senate copies of all correspondence with the Dawes Commission and other officials and all other papers relating to such allotments and segregation.
No. 2.
New York, August 23, 1898
Hon. Cornelius N. Ross,
Secretary of the Interior, Washington, D. C.
Dear Sir: Section 25 of the Curtis bill provides as fellows:
That before any allotment shall be made of lands in the Cherokee Nation there shall be segregated there from by the Commission heretofore appointed, 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.”
The agreement referred to provides as follows:
“The selections of the lands to he purchased by the Delaware may be made by said Delaware in any part of the Cherokee Reservation east of said line 96° not already selected and in possession of other parties.”
The. Delaware have made their selection of the 157,600 acres purchased by them and are now in possession of the same.
This provision of the Curtis bill above quoted seems to be mandatory, and on behalf of the Delaware we ask you to instruct the Dawes Commission to survey and segregate in some proper and formal manner the 157,600 acres which the Delaware so selected and of which they are now in possession. We ask that this he done at the earliest possible moment, for the reason that it seems necessary that this survey and segregation should precede the trial and judgment in the suit we have lately brought on behalf of the Delaware against the Cherokee Nation in pursuance of the authority granted by this same section of the Curtis bill.
The court in that case ought to have before it the specific description of the 157,000 acres of land selected by the Delaware in pursuance of the purchase of April 8, 1807, and segregated for their benefit as provided in this section of the Curtis bill.
Very respectfully, yours,
Logan, Demond & Harby
No. 3.
Department Of The Interior,
Washington, November 4, 1899.
Acting Chairman Of The Commission To The Five Civilized Tribes,
Muscogee, Ind. T.
Sir: On August 23, 1898, Messrs. Logan, Demond, and Harby addressed a communication to the Department, in which a quotation is made from section 23 of the act of Congress approved June 28, 1898 (30 Stat., 495), as follows:
“That before any allotment shall he 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.”
It is also stated that the agreement referred to provides as follows:
“The selections of the lands to be purchased by the Delaware may be made by said Delaware in any part of the Cherokee Reservation in east of said line 96 degrees not already selected and in possession of other parties.”
Said attorneys further state that “the Delaware have made their selection of the 157,600 acres purchased by them and are now in possession of the same.” and they request that the Department shall instruct your Commission “to survey and segregate in suite proper and formal manner the 157,000 acres which the Delaware so selected and of which they are now in possession.”
They further state that they desire this to be done as early as possible, for the reason that they think it necessary that the survey and segregation mentioned in said act should precede the trial and judgment in the suit that they have recently brought against the Cherokee Nation under the provisions of said section.
You are requested to advise the Department what action, in your judgment should be taken with reference to said provision, when it is practicable to make said segregation, and any recommendation relative thereto which in year judgment seems best.
Respectfully,
Thos. Ryan, Acting Secretary
No. 4.
Department Of The Interior, Office Of Indian Affairs.
Washington, November 20,1899.
Secretary of the Interior
Sir: Referring to Department letter of November 4, 15014 addressed to the chairman of the Dawes Commission, requesting said Commission to advise the Department what action, in their judgment, should he taken relative to the segregation of the 157,000 acres of land “purchased by the Delaware Indians from the Cherokee Nation, there is transmitted herewith a report, dated November 13, 1899, from the acting chairman of said Commission, in which it is stated that the Commission is required to make rolls of citizenship of the Cherokee Indians; that such rolls will, of course, include the Delaware; that before such rolls can become final they must be approved by the Secretary of the Interior; that until such rolls are completed it can not he determined who are Cherokee citizens, nor can it be known what Delaware Indians are Cherokee citizens and entitled to participate in the benefits of the distribution of the property acquired under the contract between the Delaware and Cherokee; that the provision of the Curtis Act relative thereto makes it obligatory upon the Department to segregate said land “before any allotment shall be made of lands in the Cherokee Nation;” that no allotment of Cherokee lands can be made until a roll of citizenship of said nation has been made and approved; that the Commission will not be able to make such rolls until during the year 1900; that when such rolls have been made the government will be prepared to begin the allotment of Cherokee lands, and also to segregate the lands alleged to have been purchased by the Delaware under their agreement with the Cherokee; and that not until said rolls have been so made and approved can the segregation of said lands be accomplished.
As it is presumed that the Department is desirous of obtaining the views of the Dawes Commission relative to this matter, the said report is submitted without any discussion thereof by this Office.
Very respectfully, your obedient servant,
W. A. JONES, Commissioner
No. 5.
Department Of The Interior,
Commission To The Five Civilized Tribes,
Muscogee, Ind. T., November 13, 1899.
The Secretary Of The Interior
SIR: The Commission has the honor to acknowledge receipt of your letter of November 4. 1899, referring to a letter received by you from Messrs. Logan. Demond Harby in which they insist upon having the 157,600 acres of land alleged to have been purchased by the Delaware tribe of Indians from the Cherokee Indians under agreement of April 8, 1807 immediately segregated from the Cherokee domain, and further insisting that in performing this work the Delaware Indians be allowed to take such lands in separate tracts already selected by them in different portions of the Cherokee country; and you request that the Commission advise the Delaware what action, in its judgment should be taken with reference to the matter; when it is practicable to make said segregation, and any recommendation relative which in the judgment of the Commission seems best.
In response thereto the Commission submits that under section 21 of the act of Congress of June 28, 1898, the Commission is required to make rolls of citizenship of the Cherokee tribe of Indians which of course includes the Delaware, and that such rolls, when so made and approved by the Secretary of the Interior, shall become the final rolls of citizenship of said tribe, upon which it is evident the Government intends to make allotment of Cherokee lands and distribution of moneys and other property belonging to the Cherokee. Until such rolls are made it can not be known who are lawful Cherokee citizens, nor can it be known what Delaware Indians are lawful Cherokee citizens and entitled to the benefits which they claim under contract aforesaid between the Delaware and Cherokee. The provision of said act of Congress referred to by attorneys requiring the segregation of lands to the Delaware only makes it obligatory upon the Department to perform that duty “before any allotment shall be made of lands in the Cherokee Nation.”
It will be readily seen that no allotment of Cherokee lands can be made until a correct roll has been made and approved under the provisions of said act. It will be impossible for the Commission to take a census of the Cherokees and make such rolls until during the year 1900. When such rolls are made then the Government will be ready to begin the allotment of Cherokee lands as provided in said act of Congress, and will also be prepared to segregate to the Delaware the lands alleged to have been purchased by them under their said agreement, as provided by the provisions of said act of Congress, and not until then can this duty he intelligently accomplished.
Very truly,
Tams Bixby, Acting Chairman
(Through the Commissioner of Indian Affairs.)
No. 6.
Department Of The Interior,
Washington, November 22, 1899.
The Acting Chairman Of The Commission To The Five Civilized Tribes,
Muscogee, Ind. T.
SIR: The Department is in receipt of your communication of the 13th instant, referring to departmental letter of the 4th instant, relative to the segregation of the 157,600 acres referred to in section 25 of the act of Congress approved June 28, 1898 (30 Stat. L., 495), and stating that no allotment of the Cherokee lands can be made until the rolls of the Cherokee Nation shall have been completed and approved.
The views expressed in your said communication are satisfactory to the Department, and you are so advised.
Respectfully,
WEBSTER DAVIS, Acting Secretary.
No. 7.
Department Of The Interior,
Washington, August 19, 1900.
Commission To The Five Civilized Tribes,
Muscogee, Ind. T.
GENTLEMEN: The Department is continually embarrassed by want of information as to the condition of the work upon which the Commission is engaged.
Yon will therefore transmit to the Department at the end of each month a report of the work done during the month. Your first report, which you will please make upon receipt hereof, should show the work already done and yet to be performed in each nation.
Each report should give the names of employees, their salaries, and the work upon which such employees were engaged during the month. It should show the progress made during the month as to allotment and enrollment matters, etc., in each nation, and state specifically what work it is proposed to do in each nation (luring the next month. The report should be concise, but comprehensive, in order that the Department may be easily as well informed as to the condition of the work of the Commission as is the Commission itself.
Respectfully,
THOS RYAN, Acting Secretary.
No. 8.
February 27, 1901.
The Secretary Op The Interior,
Washington, D. C.
Stu: Enclosed in separate cover three maps, showing the location of the 157,600 acres of land selected and in possession of the Delaware Indians, and which we wish to have segregated by the Dawes Commission, as provided by the twenty-fifth section of the act of Congress known as the Curtis hill and the Cherokee agreement.
Please forward one copy of these maps to the Dawes Commission for their use and reference. These maps are true copies of the one on file with the Court of Claims. If you need other copies, I can furnish them to you.
I am, yours, respectfully,
RICHARD C. ADAMS,
Representing the Delaware Indians.
(March 2, 1901, a copy of above letter, with one copy of map, was sent to the Dawes Commission, by indorsement thereon, requesting report.)
No. 9.
Department Of The Interior
Washington, March 2,1901.
Mr. Richard C. Adams,
Columbian Building, Washington, D. C.
Sir: The Department is in receipt of your communication of February 27, 1901, advising the Department that you have enclosed under separate cover three maps showing the location of the 157,600 acres of land which you state have been selected and are in possession of the Delaware Indians and which they desire to have segregated by the Commission to the Five Civilized Tribes, as provided in section 25 of the act of Congress approved June 28, 1898. (30 Stat. L., 495.) You request that one copy of said map be forwarded to the Dawes Commission for its use and reference.
In reply you are advised that said maps have been received and that one of them has this day been referred to the said Commission to the Fire Civilized Tribes for its consideration, report, and recommendation, together with a copy of your said communication.
Respectfully,
THOS RYAN, Acting Secretary
No. 10.
Department Of The Interior, Office Of Indian Affairs,
Washington, April .3, 1901.
The Secretary Of The Interior.
SIR: I have the honor to transmit herewith a report made on March 23, 1901, by the Commission to the Five Civilized Tribes, acknowledging receipt, by departmental reference of March 2, 1901, of a letter from Richard C. Adams, dated February 27, with a map of the Cherokee Nation, showing by coloration the lands which Mr. Adams represented to be now in the possession of Delaware Indians and which they wish to have segregated by the Commission, as provided by section 25 of the act of Congress of June 28, 1898.
The Commission quotes section 25 of the act of Congress above referred to, which is 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; or the Cherokee Nation may bring a like suit against said Delaware Indians; 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”
and states that it is not ready to allot the lands of the Cherokee and will not begin making the allotments in all probability until the roll of the Cherokee shall have been completed, or until legislation is enacted other than that which now governs allotments in the Cherokee Nation; that it is therefore not essential that the lands in the possession of the Delaware be segregated at this time; and that the indications are that considerable time will elapse before the Commission will be in readiness to allot the lands of the Cherokee.
The Commission states that 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; that 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; that a recognition of the Delaware’ claim to 157,600 acres should not therefore precede such determination; that the lands of the Cherokee have been surveyed and a mere segregation of the land claimed by the Delaware would involve no act on the part of the Commission other than that of withholding., the same from general allotment; and that should allotment in the Cherokee Nation be reached while suit is yet pending the Commission may, in its opinion, properly reserve 157,600 acres pending a decision of the Court of Claims, provided that an accurate and authentic description of the lam] claimed by the Delaware is furnished to it.
Congress has directed that 157,000 acres of the Cherokee lands he segregated before any allotments are made to citizens of that nation. The Department and the Commission have nothing to do with the effect, which such segregation May have on the final determination of the suit authorized by Congress, and, indeed, it is not understood that the compliance by the Commission with the statutory direction would any wise prejudice the rights of either party in interest.
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 objection 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 he made to the Cherokee prior to the segregation of the Delaware lands. It is respectfully recommended that Mr. Adams and the Commission he advised as above indicated, and attention is respectfully invited to office report of November 20, 1899, which transmitted without discussion a report made by the said Commission on November 13, 1899, relative to the same subject matter.
Very respectfully, your obedient servant,
W. A. JONES, Commissioner