Articles Of Agreement Between The Cherokee And Delaware

 

"Made this 8th day of April, A. D. 1867, between the Cherokee Nation, represented by William P. Ross, principal chief, Riley Keys and Jesse Bushyhead, delegates, duly authorized, parties of the first part, and the Delaware Tribe of Indians, represented by John Connor, principal chief, Charles Journeycake, assistant chief, Isaac Journeycake, and John Sarcoxie, delegates for and on behalf of said Delaware Tribe, duly authorized, witnesses

     "Whereas, by the 15th article of a certain treaty between the United States and the Cherokee Nation, ratified August 11, 1866, certain terms were provided, under which friendly Indians might be settled upon unoccupied lands in the Cherokee country, east of the line of ninety-six degrees of west longitude, the price to be paid for such lands to be agreed on by the Indians to be thus located and the Cherokee Nation, subject to the approval of the President of the United States; and, Whereas, by a treaty between the United States and the Delaware Tribe of Indians, ratified August 10, 1866, the removal of the said Delaware to the Indian country, south of Kansas, was provided for, and in the 4th article, whereof an agreement was made by the United States to sell to the Delaware a tract of land, being part of a tract the cession of which by the Cherokee to the United States was then contemplated; and, Whereas, no such cession of land was made by the Cherokee to the United States, but in lieu thereof, terms were provided as here in before mentioned, under which friendly Indians might be settled upon their lands; and, Whereas, a full and free conference has been held between the representatives of the Cherokee and the Delaware, in view of the treaties herein referred to, looking to a location of the Delaware upon the Cherokee lands, and their consolidation with said Cherokee Nation : Now, Therefore, it is agreed between the parties hereto, subject to the approval of the President of the United States, as follows:

     "The Cherokee, parties of the first part, for and in consideration of certain payments, and the fulfillment of certain conditions hereinafter mentioned, agree to sell to the Delaware for their occupancy, a quantity of land east of the line of ninety-six degrees west longitude, in the aggregate equal to 160 acres of land for each individual of the Delaware tribe who has been enrolled upon a certain register made February 18, 1867, by the Delaware agent and on file in the office of Indian affairs, being the list of the Delaware who elect to remove to the `Indian country,' to which list may be added, only with the consent of the Delaware Council, the names of such other Delaware as may, within one month after the signing of this agreement, desire to be added thereto ; and the selections 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 ninety-six degrees, not already selected and in possession of other parties; and in case the Cherokee lands shall hereafter be allotted among the members of said Nation, it is agreed that the aggregate amount of land herein provided for the Delaware to include their improvements according to the legal subdivisions, when surveys are made (that is to say, 160 acres for each individual), shall be guaranteed to each Delaware incorporated by these articles into the Cherokee Nation; 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, but shall be subject to the same conditions and restrictions as are by the laws of the Cherokee Nation imposed upon the native citizens thereof ; provided, that nothing herein shall confer the right to alienate, convey, or dispose of any such lands, except in accordance with the constitution and laws of said Cherokee Nation.

     "And the said Delaware, parties of the second part, agree that there shall be paid to the said Cherokee, from the Delaware funds, now held or hereafter received by the United States, a sum of money, equal to $1 per acre, for the whole amount of 160 acres of land, for every individual Delaware who has already been registered upon the aforesaid list, made February 18, 1867, with the additions thereto, heretofore provided for. And the Secretary of the Interior is authorized and requested to sell any United States stocks belonging to the Delaware, to procure funds necessary to pay for said lands; but, in case he shall not feel authorized, under existing treaties; to sell such bonds belonging to the Delaware, it is agreed that he may .transfer such United States bonds to the Cherokee Nation, at their market value, at the date of such transfer. And the said Delaware further agree, that there shall be paid, from their funds, now or hereafter to come into possession of the United States, a sum of money, which shall sustain the same proportion to the existing Cherokee National fund, that the number of Delaware registered as above mentioned, and removing to the Indian country, sustains to the whole number of Cherokee residing in the Cherokee Nation.

     "And, for the purpose of ascertaining such relative numbers, the registers of the Delaware herein referred to, with such additions as may be made within one month from the signing of this agreement, shall be the basis of calculation as to the Delaware; and an accurate census of the Cherokee, residing in the Cherokee Nation, shall be taken, under the laws of that Nation, within four months, and properly certified copies thereof filed in the office of Indian Affairs, which shall be the basis of calculation as to the Cherokee. And, that there may be no doubt hereafter, as to the amount to be contributed to the Cherokee National fund by the Delaware, it is hereby agreed, by the parties hereto, that the whole amount of the invested funds of the Cherokee, after deducting all just claims thereon, is $678,000. And the Delaware further agree, that in calculating the total amount of said National fund, there shall be added to the said sum of $678,000, the sum of $1,000,000, being the estimated value of the Cherokee neutral lands in Kansas, thus making the whole Cherokee National fund $1,678,000, and this last mentioned sum shall be taken as the basis for calculating the amount which the Delaware are to pay into the common fund ; provided, that, as the $678,000 of funds now on hand, belonging to the Cherokee, is chiefly composed of stocks of different values, the Secretary of the Interior may transfer, from the Delaware to the Cherokee, a proper proportion of the stocks now owned by the Delaware, of like grade and value, which transfer shall be in part of the pro rata contribution herein provided for by the Delaware to the funds of the Cherokee Nation; but the balance of the pro rata contribution by the Delaware to said fund, shall be in cash or United States bonds, at their market value. All cash, and all proceeds of stocks, whenever the same may fall due or be sold, received by the Cherokee from the Delaware under this agreement, shall be invested and applied in accordance with the 23d article of the treaty with the Cherokee of August 11, 1866.

     "On the fulfillment by the Delaware of the foregoing stipulations, all the members of the tribe, registered as above provided, shall become members of the Cherokee Nation, with the same rights and immunities, and the same participation (and no other), in the national funds, as native Cherokee save as hereinbefore provided. And the children hereafter born of such Delaware so incorporated into the Cherokee Nation, shall in all respects be regarded as native Cherokee.
"Wm. P. Ross, Principal Chief.
Riley Keys,  "Cherokee Delegation.
"John Connor, (X) his mark, Principal Chief,
"Charles Journeycake
"Isaac Journeycake
"John Sarcoxie, (X) his mark, "Delaware Delegation.

     "Executed and delivered in our presence by the above named delegates of the Cherokee and Delaware Nations, at the City of Washington, in the District of Columbia, the day and year first above written.
"John G. Pratt
"Wm. A. Phillips
"Edward S. Menagus

"Ratified by the National Committee, June 15, 1867.
"Smith Christie, "President National Committee.
"Jno Young, "Speaker of Council."

     In 1872 the Delaware Indians, numbering about three hundred, who had previously left the Cherokee Nation and had settled among the Peoria on the Neosho River, threw aside their old prejudices and returned to the Cherokee, settling principally on Caney Creek, in the northern part of the Territory. They settled down and went to work earnestly, building homes and developing farms, and at present are prosperous and contented.

Source: Muskogee and Northeastern Oklahoma, 1922

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