[•Til 
 
 .D2A2 
 Copy 2 
 
^vP^''- 
 
 ^^ r^ 
 
 -^ ^yi'W. 
 
 
 ^9" 
 
 
 
 
 
 
 
 Hq. 
 
 ^■v- 
 
 o. 
 
 
 
 <i.^ ^ o « o , <ft 
 
 
 
 
 -^o' 
 
 
 p 
 
 
 
 ,<Jv^ . « » « <J* 
 
 >. "^ .V 
 
 - = . ^^ 
 
 1: -n^o^ 
 
 0^ . ° , , 
 
 
 <'. 
 
 'V.v', 
 
 «{)i»^'^ ^^^" 
 
 t 5 * • /■ O » < 
 
 
 .c^^^. 
 
 

 ,0 
 
 ">>. .<y' 
 
 
 '•^/ 
 
 V 
 
 
 
 °f *■ " - ° vO 
 
 
 •- 
 
 
 ^^ .<(.> 
 
 ''^ v^ 
 
 
A 
 
 DELAWARE INDIAN 
 
 LEGEND 
 
 AND 
 
 THE STORY OF THEIR TROUBLES 
 
 BY 
 
 RICHARD C. ADAMS 
 
 REPRESENTING THE DELAWARE INDIANS 
 
 WASHINGTON, D. C. 
 1899 
 
Copyright, 1899, 
 
 BY 
 
 RICHARD C. ADAMS 
 
 Washington, D. C. 
 
 9fttmm 
 
 ^1. final 
 
0^^<yri^L^lA up 
 
TO THE AMERICAN PEOPLE. 
 
 WITH your kind permission, your attention I will claim, 
 I am only just an Indian, it matters not my name, 
 But I represent mj' peoj^le, their cause and interest, too ; 
 And in their name and honor, I present myself to you. 
 Tliey have your sacred promise, your pledge of friendship warm. 
 That you would always aid them and protect them from all barm, 
 And in my humble efforts, as I briefly state their case, 
 Will you pardon my shortcomings, and ray errors all erase? 
 
 I do not come with grandeur, or boast of anj' fame, 
 
 Rank in politics, society, or wealth I cannot claim, 
 
 I never went to college, have no title of LL. D., 
 
 As the Great Spirit made me, is all that you may see. 
 
 With the forces that oppose me, I certainly should pause. 
 
 If I were not depending on the justice of mj^ cause. 
 
 I am only just an Indian, who here represents his band ; 
 
 With this simple introduction, I extend to you my hand. 
 
A DELAWARE INDIAN LEGEND. 
 
 LONG, long ago, my people say, as their traditions tell, 
 They were a happy, powerfal race, loved and respected well. 
 To them belonged the sacred charge, the synagogue ( ^ to keep. 
 And every Autumn to the tribes, the Manitou's praises speak. 
 And all things went with them full well, the Manitou was pleased ; 
 The Indian race was numerous then, countless as the trees ; 
 The Manitou was kind to them, he filled the woods with game. 
 And in the rivers and the seas were fish of every name. 
 
 And to his children did he give the vast and broad domain ; 
 
 Some the mountains and valleys took, while others chose the plain ; 
 
 And everything to comfort them did the Manitou provide. 
 
 He gave them fish, game, herbs and maize, and other things beside. 
 
 He gave them rivers, lakes and bays, o'er which canoes did glide, 
 
 Forests dense and mountains high, great plains the other side. 
 
 The men were strong and brave and true, to them belonged the chase, 
 
 The women loving, kind and good, who filled a simpler place. 
 
 And they were taught while here on earth their spirits to prepare, 
 
 To join the Manitou himself, in the happy hunting-ground (') somewhere 
 
 That they must never lie and steal ; must for each other care ; 
 
 That principles are gems that pass us to that country there. 
 
 And even though the wars do come with aggressive tribe or band. 
 
 No warrior shall strike a fallen foe, or wrong a helpless hand ; 
 
 And if your foe shall sue for peace, let not his plea be vain, 
 
 Produce the pipe, and smoke with him, smothering the wrathful fiame. 
 
 And while the smoke ascends above, breathe a prayer together. 
 That spirits of departed friends make peace beyond the river ; 
 The Manitou's compassion seek, for he was sorely grieved, 
 Provide for the widows of the slain, (^) that their needs be relieved. 
 If a stranger enters in your lodge, give him both food and bed, 
 E'en if known to be your foe, no harm hangs o'er his head. 
 For now he is your honored guest, your protection he does claim ; 
 Whate'er your source of diflference be, contest it on the plain. 
 
The voice of the Great Spirit now is heard in every clime, 
 The rumblings of the thunder, the whisperings of tlie pine ; 
 The works of the Great Spirit are seen on every hand, 
 Flowers, forests, mountains, stars, sun and even man. 
 The Lenape (^) all should gather in the Autumn there to praise 
 The wonders of the Mauitou, the goodness of his grace ; 
 And they to tell the Nations what to them he has unbound, 
 And the way for them to reach the happy hunting-ground. 
 
 Once many thousand moons ago, in the synagogue there came 
 
 All the tribes and warriors from the forest, hill and plain ; 
 
 And while they were assembled there (^) a young man rose to say, 
 
 The Manitou had shown him in a vision on that day 
 
 From aftir a huge canoe with pinions spreading wide, 
 
 Coming o'er the waters from across the sunrise side ; 
 
 And in that huge canoe were people strange of dress, 
 
 All were armed as warriors, though they peacefuhiess professed. 
 
 They told them of their God, '' who came and died for men," 
 And they were messengers from Him to save them from tlieir sin, 
 But first, they said, they must have land, and thus a home prepare, 
 Then they would teach them truth, and heaven with them share. 
 The young man to the warriors old his vision further told, 
 And prophesied that from that day these tempters would grow bohl 
 That each would have a different creed, to teach a different tribe, 
 And when one told another each would think the other lied. 
 
 The young man for his people lamented loud and long ; 
 He saw the friendship broken that always had been strong, 
 Dissension, war, and trouble, their happiness succeed. 
 Tribes rise against each other, their warriors die and bleed. 
 At last, their faith all shattered, home, game and country gone, 
 Dejected, broken-hearted, he saw them westward roam. 
 The Manitou was sorrowful that they should faithless (") be, 
 "And now where is the heaven the stranger promised thee?" 
 
 And some of the young warriors did live to see the day. 
 When across the sea from sunrise, with pinions flying gay, 
 Came great canoes with strangers who soon did boldly land, 
 And with a friendly gesture, extended the right hand. 
 Forgetful of the warning, they received them all as friends ; 
 And made the sacred pledges to share with them their lands. 
 The Indians, true and faithful, their promise did fulfill, 
 And eager sought the teachings of the white man's God and will. 
 
9 
 
 And this recalls sweet memories of at least one truthful man ; 
 
 He made and kept a promise in treating for our land ; 
 
 His deeds of loving-kindness strength to their teachings lend, 
 
 And sacred in our memory is the name of William Penn. 
 
 But alas ! for faith and trusting, few others like him came, 
 
 The white man's promised friendship, thenceforth we found was vain. 
 
 While noble were his tpachings, his practice was deceit, (') 
 
 And thus the friends we trusted, our fondest hopes defeat. 
 
 And now the road is open across the stormy sea. 
 
 The strangers are invaders — our friends no longer be ! 
 
 Our Manitou is angry, their God hears not our cr)^ 
 
 On the bloody field of battle the noble warriors die. 
 
 Again with peace and presents our friendship would be sought, [^) 
 
 Requesting that our vengeance on some other tribe be brought. 
 
 And now for this protection and their proffered friendship-hand, 
 
 The boasted Christian strangers ask to have as much more land. (•') 
 
 Now many moons have passed, the Indians are but few ; 
 
 For comments on the prophecy, I'll leave that all to you. 
 
 Is the white man still deceiving? Is the Indian being robbed? 
 
 Will he 3'et share his heaven and the teachings of his God? 
 
 The Indian was just a savage, but he would not lie and steal, 
 
 The white man's highly civilized, but his conscience could not feel, 
 
 To rob poor, trusting Indians — well, to him it was no sin, 
 
 And to break a solemn treaty was a very clever thing. 
 
 And w'hen the Indian to the white man makes complaint about liis land, 
 He is told with solemn gestures, " Seek the Government — not the man." 
 " He will be your good, great father and adopt you as his child. 
 He knows better what you need, and will protect you all the while." 
 But the father was forgetful ('") of his foster children's care, 
 So the Indian thus discouraged, finds relief not anywhere. 
 Will a Nation for its actions have to pass the judgment bar, 
 Or will God excuse the people, if the deeds the Nation's are? 
 
 He now sees the " Good, Great Father," better known as " Uncle Sam," 
 
 Offering home, aid and protection to the poor of foreign lands ; 
 
 Sees the foreigners in numbers seek his own beloved shore, 
 
 Where justice, love and lii)erty reign free forever more. 
 
 Sees tlie foreigners in Council, aid in making laws most just. 
 
 While he's no voice in legislation and his lands are held in trust. 
 
 Do you know a greater torture, or think his feelings can be guessed 
 
 When he sees such freedom cherished, while his own rights are oppressed? 
 
10 
 
 When on the day of judgment, their records there to see, 
 
 As God turns o'er the pages, who will the braver be? 
 
 For one is just a savage, his simple faith applies ; 
 
 The other one, a white man, very highly civilized. 
 
 And should they be together long enough to treat. 
 
 Do you suppose the white man the Indian there would cheat ? 
 
 Or if the chance is given, when the judgment's handed down, 
 
 Would the white man take his heaven or the Indians' Hunting-Ground ? 
 
 Do you think that Missionaries need be sent to foreign land. 
 To find fields for Christian duties and neglect the savage man? 
 In the land of peace and freedom can bondmen still be found ? 
 Where every man does loudly boast class-legislation is not known ! 
 Should neither one sit on the jury without the aid of ex-parte law, 
 Were the records brought fi'om heaven, the court hear what the angels paw, 
 Have you doubtsabout the judgment? Would the white man pay the cost? 
 Or would the heir by birthright learn that there his case was lost? 
 
 In this the Indian's version, can he still be justified, 
 Or was it for his poor sake, too, that Christ was crucified ? 
 Will Christians stand by idly, nor lend a helping hand. 
 And by their silence justify the seizure of his land ? 
 Or will their God from heaven hear the Indian's plea 
 And prompt the Christian people to lend him sympathy, 
 And through their earnest efforts, not sympathy alone, 
 Redeem the Nation's credit before the Judgment Throne? 
 
 Let the Indian liave some duties, treat him as a worthy man. 
 Give him voice in the elections, give him title to his land. 
 Give liim place of trust and honor, let him feel this yet his home. 
 Let him use his mind and muscle, let his actions be his own. 
 Pay him what is justly due him, let your Government be his, too. 
 He will battle with eacli problem, just as faithfully as you. 
 One who proves himself a warrior and of danger knows no fear. 
 Surely can find ways to master each new problem that draws near. 
 
 Note 1. The Delaware Indians on the full moon of each October have 
 a religious meeting in a large, long building, which lasts twelve days. Here 
 the clans of the Delawares gather and other Indian tribes are invited. The 
 ceremonies are conducted in the way of a dance around a fire built in the 
 centre of the building. At these meetings any brave or chief may tell his 
 experience in hunting or warfare, his dreams or impressions, and give his 
 own interpretation of the same, never claiming any of the honors himself if 
 he has been successful in any event, but thanking the Great Spirit or Manitou 
 
11 
 
 for his 8uccess. Tliej- believe that every person has a guardian spirit whose 
 duty is to watch and prompt him in his daily actions, and if the individual 
 listens to his guardian spirit he will not meet with any mishap or danger. 
 
 Note 2. The North American Indian, and especially the Algonquins, 
 of whom the Delawares were the head, is perhajjs the most religious 
 being on the face of the earth. While he was warlike and always ready to 
 assert his rights, he was always fearful of angering the Great Spirit, and 
 careful to follow the principles of his traditional teachings, and if it had not 
 been for this sentiment, I do not believe the Indians would ever have allowed 
 the white man to secure a foot-hold oil this continent. 
 
 Note 3. One of the principles of Indian warfare, when peace was 
 made, was to send men from one tribe to the other where the most warriors 
 had been slain, who would provide game for their widows, at least for a 
 certain length of time. 
 
 Note 4. Some of the Delaware Indians still keep up the old traditionary 
 worship, and on their reservation in the Cherokee Nation, on the forks of 
 Caney, may be seen one of their synagogues, where each October they gather 
 to praise the Great Spirit as their ancestors had taught. 
 
 Note 5. — I have heard many old men of the Delaware tribe of Indians 
 refer to this prophecy. 
 
 Note 6. — Some of the Delawares to this day fully believe that their 
 troubles are attributable to the fact of the Indians deserting the form of 
 worship their ancestors had taught and taking up the white man's religion. 
 
 Note 7. — I quote from the address delivered by Hon. Herbert Welsh 
 before the Society of the Indian Rights Association, April 9, 1892. 
 
 The Indian version of this matter is even more pathetic than this 
 account : 
 
 " Zeisberger's Christian Indians communities were the admiration of 
 all who visited them. They shone as gleams of sunlight amid the sombre 
 forests of Pennsylvania. Indians, who. Init a short time before had been 
 wild and revengeful men, became, under the preaching and indefatigable 
 labors of Zeisberger, peaceable and industrious. They felled the great tn es, 
 cultivated the soil ; built dwellings and Mission Chapels, and settled into 
 peaceful and as they thought, permanent communities. But the\' were 
 from the first regarded with envy and suspicion by the rougher elements in 
 the rough and unrestrained colonial population. Ravaging war parties, 
 composed of French officers and savage Indians, devastated the frontier 
 settlements daring the French and Indian war, and naturally there arose in 
 undiscriminating and ignorant minds ati intense hatred of all Indians. 
 The Moravian Missionaries and their followers were obliged to fly for the 
 protection of the British garrison in Philadelphia to find a shelter, which 
 was grudgingly and timidly given. But a momentary respite was obtained. 
 New York was asked the privilege of an asylum for the Moravian Indians, 
 but the request was refused. A year of heart-sick wandering and exile ensued. 
 The Indians were finally permitted to n.ake tlie futile attempt of creating 
 new homes for themselves in their native regions. When the storm of the 
 Revolution broke, they were again subjected to the same persecutions as 
 before, culminating in the shameful tragedy known ns the Massacre of 
 Gnadenhutten, where ninety of their men, women and children fell un- 
 resisting victims beneath the mallets and scalping knives of American 
 Rangers. The Moravian Missions never fairly rallied from this blow. Zeis- 
 berger, one of the noblest and most Christian of men, died at Goshen, on the 
 shores of the Tascanawas, at a great age. Strong in the testimony of a good 
 
12 
 
 conscience, but with the harvest of his life's work lying waste about his 
 dying eyes, be gazed sadly on the remnant of his Indian followers who 
 gathered to bid him farewell. From the standpoint of worldly success, his 
 life had been in vain, but not as viewed from the higher standpoint, for he 
 had brought hundreds not only to the conception of a noble life, but to such 
 living of it as put the behaviour of their enemies to shame." 
 
 I also refer you to the massacre in Ohio at the Jesuit Mission in 1781 
 where more than one hundred Christian Indians were killed and burned, 
 mostly women and children, by the American soldiers. 
 
 Note 8. The first treaty the United States ever made was made with 
 the Delaware Indians, and the greater portion of the Delawares assisted the 
 United States in the Revolutionary war ; also in the Civil war the Delaware 
 Indians furnished 170 soldiers out of an adult male population of 218. 
 
 Note 9. Immediately after the close of the Revolutionary war, the 
 United States Government made treaties with other tribes of Indians, and 
 secured from them the very lands they had formerly acknowledged to belong 
 to the Delawares. and the Delaware Indians received nothing whatever 
 for the same. The tract consisted of several million acres, located in Ohio 
 and Indiana. 
 
 Note 10. See Manypenny's report of how the Army Officers of Fort 
 Leavenworth and other prominent persons assisted the settlers in making 
 settlements on Delaware lands in Kansas, and by their actions finally 
 discouraged the Delawares so much that they were forced in self-defense to 
 sell their lands in Kansas and purchase homes in the Cherokee Nation, 
 Indian Territory, a title to which was guaranteed by the United States 
 Government. The same treaty also guaranteed them all civil rights and a 
 voice in the Government of the Cherokee Nation. Now the Delaware 
 Indians are forced to sue the Cherokees for this land at great expense to 
 themselves, after they have paid for the lands and improvements more than 
 81,000,000. 
 
THE TREATY OF THE LENNI LENAPE OR DELAWARE 
 INDIANS WITH WILLIAM PENN ON THE BANKS OF 
 THE DELAWARE RIVER IN 1682. 
 
 WHEN the time arrived at which William Penu and the Indians had 
 agreed to meet personally to confirm the treaty of peace and the 
 purchase of the land which his commissioners had bargained for and the 
 transaction was to be publicly ratified, Penn came accompanied by his 
 friends of both sexes to the place where Philadelphia now stands. On his 
 arrival he found the Chiefs and their people all assembled there. They were 
 seen as far as the eye could reach, up the river, down the river and in the 
 forest far beyond, and looked frightful, both on account of their numbers 
 and their arms. The Quakers were but a handful in comparison with the 
 Indians and were unarmed, but confidence in the justice of their cause pre- 
 vented dismay and terror from seizing them. "William Penn appeared in 
 his usual clothes and was distinguished only by wearing a sky-blue sash of 
 silk net-work around his waist. He had a roll of parchment containing a 
 confirmation of the treaty of jmrchase and amity in his hands. One of the 
 SacJieniK, who was the head Chief of them, put upon his own head a kind 
 of chaplet in which appeared a small horn. This as among the primitive 
 Nations and according to Scriptural language was an emblem of kingly power, 
 and whenever the Chief who had the right to wear it put it on, it was under- 
 stood that the place was made sacred and the persons of all present invio- 
 lable. Upon putting on this horn the Indians threw down their bows and 
 arrows and seated themselves around the Chiefs in the form of a half moon 
 upon the ground. The Chief Sachem then announced to William Penn, by 
 means of an interpreter, that the Indians were ready to hear him. The 
 treaty was ratified with all due solemnity and i3 known to this day as the 
 treaty that never was sworn to and never was broken. 
 
 Chalkley, in his life of William Penn, says : 
 
 "It is much to be regretted when we have accounts of minor treaties 
 between William Penn and the Indians, that in no history can be found an 
 account of this, though so many make mention of it, and although all concur 
 in considering it the most glorious in the annals of the world." 
 
 15 
 
THE STORY OF THEIR TROUBLES. 
 
 THE history of the Dehiware Inchans, perhaps, if given the 
 attention of eminent writers, would he one of the most 
 interestinti", romantic, aUhongh pathetic stories, ever related 
 by historians. 
 
 For more than three years I have been entrusted l)y my 
 people with the responsibility of defending their rights and 
 protecting their interests ; and in discharging my trust as best 
 I could or preparing myself for the duties required thereby, I 
 have reviewed the history of many past events relating to 
 them and their dealings, and not one have I ever found that 
 was a discredit to them ; neither have I found any cause to 
 know why I, myself, should not be proud that I am a Dela- 
 ware Indian. 
 
 Full justice has never been done the Indian in the 
 American histories, and I should like to write one as it should 
 be written from the Indian's own i)oint of view. But while 
 my whole lieart and soul are devoted to them, I fear 1 could 
 not do them credit in undertaking to relate their story ; yet, 
 some day, perhaps, I may try it. 
 
 In order that you may have a clear understanding of the 
 condition of aflairs, it will be necessary for me to give you, as 
 briefly as possible, a history of the Delaware Indians from 
 their first dealings Avith the white man down to the present 
 
 time. 
 
 The Delaware Indians, or " Lcnni Lenape," were once 
 one of the most powerful tribes of Indians on the North 
 American continent, tlie head of the Algoncpiins, called by 
 
 19 
 
20 
 
 many Indians " Our Grandfetlier." When first met by the- 
 white man they claimed and controlled all of the territory 
 between the Hudson River and the Potomac. 
 
 Under the spreading elm tree at Shackamaxon, two hun- 
 dred and seventeen years ago, tlie}^ sold to the founder of the 
 State of Pennsylvanfa, William Penn, tlie vast area within its 
 borders for a nominal sum, and largely as an act of friend- 
 ship and brotherly love whicli they entertained for the white 
 people at that time and have ever since. 
 
 Sacred to the memory of the white man, as well as to 
 that of the Delawares, has been the eventual treaty resulting 
 from that transaction. In the rotunda of the Capitol at 
 Washington may be seen the historical fresco recalling that 
 event. Ikit while the State of Pennsylvania has made 
 rapid strides in progress, until now it ranks as one of the 
 wealthiest and proudest States in the Union, the Delawares, 
 who were so generous in years gone past, and who have always 
 proved their loyalty to the United States Government, have 
 been forced much against their will and their interest to cross 
 the continent, unwilling but always yielding graciously, having 
 utmost confidence in the promises that " this move will be the 
 last," until now but a handful of them are left, where they 
 have purchased homes in the Cherokee Nation, Indian Territory. 
 And here, where tliey were assured by both the Cherokees and 
 the Ignited States Government that their rights and interests 
 would be protected, they find that their very homes are now 
 being covered with applications for mineral leases by both 
 Cherokee citizens and citizens of the United States — wealthy 
 corporations — who claim the protection of the United States 
 Government and deny the rights of the Delaware Indians. 
 
21 
 
 I appealed to the Indian I Jiu'bts Association and others for 
 their aid and moral support in defending our homes from the 
 encroaching greed of grasping syndicates and companies who 
 are now seeking to deprive us of one of the most sacred liberties 
 mankind can claim — the right to control our own. 
 
 The Delaware Indians are more able to take care of their 
 propert}', if given the opportunity of controlling it, than most 
 of the white people who live in our country. 
 
 There are many things your civilized laws and public 
 policy say are right that I cannot understand, but the greatest 
 puzzle to me is, — Why is the Delawares' title to their lands 
 now disputed and they required by the Government to appeal 
 to the courts to obtain that whicli they bought and paid for 
 with tlie advice, approval and guarantee of the United States 
 Government itself? And even before that question is settled 
 by the Courts, that they should be threatened with greater 
 ■complications ! * 
 
 It may be because I am an Indian that I cannot under- 
 stand the justice of this policy. 
 
 The good faith my people have shown ; the pi'ompt aid 
 -and assistance they have rendered the United States Government 
 in the past as allies in the Revolutionary War ; as soldiers and 
 scouts in the Mexican and Civil wars ; as guides for General 
 Fremont across the Rocky Mountains ; as peacemaker betweert 
 other Indian tribes and the Federal Government, and the 
 protection afforded by them to colonists in early days, of them- 
 selves are enough to entitle them to more land in bounties and 
 grants, fifty times over, than the land now in (piestion, which 
 they bought and paid for. 
 
22 
 
 The Cherokees now claim that the Delawares have no 
 distinct rights in tlie Cherokee Nation. The Delawares claim 
 the right to select one hundred and fifty-seven thousand six 
 hundred acres of land for which they paid $157,600, and in 
 addition to this an equal right with every native-born Cherokee 
 in all the remaining lands and funds of the Cherokee Nation, 
 for which they paid an additional sum of $121,824.28. 
 
 The history of this transaction is better understood by 
 referring to the data that led up to it and the events that took 
 place about that time, than by reading the contract or agree- 
 ment itself. 
 
 You willsee by referring to a letter on file in the Office 
 of Indian Affairs, dated September 1st, 1866, and signed by 
 D. N. Cooley, Commissioner of Indian Affairs, that the 
 Delawares were offered lands in the Indian country, in the 
 Seminole Nation at 15 cents per acre ; in the Creek Nation at 
 30 cents per acre ; or lands in the (Juapaw Nation, the price 
 to be determined when selections were made. 
 
 The Delawares were instructed, through their Agent, by 
 letter dated October 13th, 1866, signed by John G. Pratt, to 
 select a delegation and to " proceed South and select for your 
 tribe a new reservation in that country.'' • Accordingly tlie 
 Delaware Council authorized Captain John Connor, head chief, 
 Captain Sarcoxie, Charles Journeycake, Joseph Armstrong, 
 Andrew Miller and Isaac Journeycake to proceed to the Indian 
 country and select a new reservation. 
 
 On December 9th, 1866, the Delaware delegates, in 
 company with the delegates on behalf of the Cherokee Nation, 
 agreed upon and did select, " that part of the country on 
 Little Verdigris or Caney, beginning at the Kansas line, 
 
25 
 
 where the i)Gth meridian crosses the same, and running thence 
 east ten miles ; thence south tliirty miles ; thence west ten 
 miles ; thence north to the place of l)egiiining," the Delawares 
 specifically declaring in the notice to the Cherokee Council 
 that they preserve their tribal organization. 
 
 This selection was made in accordance with the instruc- 
 tions of the Ignited States Covernment through the Commis- 
 sioner of Indian Affairs, and the Delaware, Indian Agent, and 
 in accordance with the Act of the Delaware Council, and also 
 the resolution of the Cherokee Council, of November Tth, 18(56, 
 which reads as follows : 
 
 "Resolved by the National Council, that the Principal Chief, Assistant 
 Principal Chief, and three others, be appointed by the Principal Chief as 
 Commissioners to enter into an agreement with the Delaware Delegation in 
 reference to allowing the Delawares to select a reservation from our lands 
 lying east or west of the 96th degree of longitude, according to the provis- 
 ions of the treaty of July 19th, 1866. 
 
 H. D. Reese, James Vann, 
 
 Clerk. President National Council. 
 
 Concurred, 
 
 R. B. Ross, John Young, 
 
 Clerk Council. Speaker Council. 
 
 Approved. 
 
 Wm. p. Ross." 
 
 (See page 84, laws of the Cherokee Nation, 1830-1867.) 
 On April 8th, 1867, the Delaware-Cherokee Agreement was 
 made and approved by the President of the United States, and 
 in 1868, most of the Delawares moved to the Cherokee Nation 
 and settled on the lands selected on Little Verdigris or Caney 
 Kiver, believing, as has been |)roved to my satisfaction by 
 sworn statements of old Delawares, parties to the Agreement, 
 and the Delaware Indian Agent, John (t. Pratt, that this land 
 was to be theirs and in no way was to be molested or inter- 
 fered with by the Cherokee Indians ; but after they had settled 
 
26 
 
 there, they were constantly annoyed by the Osages who also 
 claimed the land, and a great many half-breed Cherokees, who 
 would make raid.'^ amongst them. 80, after being harassed on 
 every side, they became greatly dissatisfied and all moved in 
 a body to the Quapaw country, on Neosho River, expecting to 
 get the (lovernment to make an exchange of lands for them. 
 
 Superintendent Enoch Hoagand the Indian Agent finally 
 persuaded them to return, telling them that they were not 
 confined to the area of their previous selection, but were 
 privileged to make their selection in any part of the Cherokee 
 Nation where they could find good and suitable land. 
 
 Articles 4 and 5 of the Delaware treaty of July 4th, 1S()(), 
 should also be taken into consideration, and also that part of 
 Article 4 which says : 
 
 " The said tract of the country shall be set off with clearly and per- 
 manently marked boundaries by the United States, and also surveyed as 
 Public lands are surveyed, when the Delaware Council shall so request, when 
 the same may be in whole or in part allotted by said Council to each member 
 of said tribe residing in said country." 
 
 Both the Delawares and Cherokees fully understood at 
 
 the time of the Delaware-Cherokee Agreement, that the 157,600 
 
 acres of land was Delaware land, and in no part a portion 
 
 of the Cherokee Nation or the Cherokee public domains. The 
 
 Cherokee delegates, J. L. Adair and D. W. Bushyhcad, in a 
 
 communication addressed to the Senate Committee on Indian 
 
 Affairs, on June 19th, 1890, said : 
 
 "As has been seen, the Delawares purchased one hundred and fifty- 
 seven thousand six hundred acres of Cherokee lands, lying east of the 96th 
 degree west longitude. That was an absolute and unconditional purchase, in 
 which lands the Cherokee Nation has no title or interest." 
 
 (See Senate Bills 2322, 400r), .list Congress.) 
 
 When the Delaware-Cherokee Agreement was made, the 
 
 Delawares paid $157,600 for the right to select 157,600 acres 
 
 of land. 
 
27 
 
 They also bou_o:ht for valua])le consideratioii full citizenship 
 in tlu' Cherokee Nation, which would ,i;ive tliem additional 
 lands and an interest in their funds. A ratio was ascertained 
 to determine what the Delawares should pay for this right, so 
 a census of both tribes was taken ; the assets of the Cherokees 
 w^ere fixed, and it was found that the ratio was one to thirteen 
 and seventy-eight one-hundredths, and on this basis the Dela- 
 wares paid an additional sum of S1'21,S24.28. 
 
 The Cherokees claim the right, under the loth article of 
 the treaty of 186(3, to sell to friendly Indians a separate and 
 distinct tract of land east of the OOth meridian, or to sell to such 
 Indians a communal or per capita interest in the lands and 
 funds of the Cherokee Nation, or, in other words, a citizenship 
 carrying with it all i)roperty rights. The Shawnees were 
 admitted under tlie latter arrangement and for their citizenship 
 paid $150,000. The Delawares sought to secure both 
 rights (at the time having plenty of money), and the money 
 was paid and received with such understanding. 
 
 In 1890 the Chief of the Cherokee Nation, J. B. Mayes, 
 and the Cherokee delegates addressed a communication to the 
 Committee on Indian Affairs, asking that the United States 
 Government pay out per capita to the Delawares the trust 
 funds, almost a million dollars, belonging to them, and giving 
 as a reason for this recjuest that the Delawares might be 
 enabled to make permanent improvements upon their homes 
 in the Cherokee Nation. This mone}' was paid out to the 
 Delawares per capita, and they have u.sed the same to make 
 good and substantial homes which are ec^ual to any of those I 
 have seen in the Eastern States. They have more than one 
 hundred thousand acres of land in cultivation, although 
 
28 
 
 numbering less tlian one thousand souls. Their land is under- 
 laid with valuable mineral deposits, such as lubricating oil, 
 gas, coal, etc. This seems to be their misfortune since they 
 are Indians. They have no money left in the hands of the 
 Government, and, if deprived of their rights in the Cherokee 
 Nation, they are paupers. If they win in their contention,, 
 they are rich. The C'herokees are rich ; they have a large 
 fund in the hands of the Government, made larger by 
 the money contributed to it by us. We have an interest in 
 this fund, but have no means of obtaining any portion of it 
 to defend our rights. So, thus disarmed, having by purchase 
 and imj^rovements expended over one million dollars in lands 
 within the Cherokee Nation under the guaranteed protection 
 of the United States Government, as well as that of the Cher- 
 okees — are we thus to be left at their mercy ? 
 
 Since the Delaware-Cherokee Agreement was made the 
 Cherokees have unlawfully admitted over 10,000 persons to 
 all the rights of citizenship and without compensation to the 
 Delawares, thereby reducing their interests in the communal 
 property, and disturbing the ratio on which the respective 
 rights of the Delawares and Cherokees were fixed. The 
 authorities of the Cherokee Nation, consisting principally of 
 the admitted class and intermarried white men, have done 
 everything they could to embarrass the Delawares. 
 
 They have questioned the rights of the Delawares in 
 sharing the communal property of the Cherokee Nation, and 
 even denied the rights of the heirs of the deceased Delawares 
 to the 157,600 acres of land that the Delawares purchased in 
 18(37. This necessarily caused the Delawares to send repre- 
 sentatives to Washington to protect their interests before the 
 
31 
 
 Conc^ress of the United States and the De'partment of the 
 Interior, or any other tribunal having authority in the 
 premises. 
 
 Myself and John lUdlette were appointed representatives 
 and ma.le Attorneys in Fact. Through our efforts tlie '2'Ah 
 section of the Curtis Bill became a law, which provides that 
 suit may be brought in the Court of Claims and the Supreme 
 Court to determine and enforce the rights of tlie Delawares in 
 the lands and funds of the Cherokee Nation, and provides : 
 
 " That before any allotment shall be made of lands in the Cherokee 
 Nation, there shall be segregated therefrom, by the Commission heretofore 
 mentioned, in separate allotments or otherwise, the one hundred and fifty- 
 seven thousand six hundred acres of land purchased by the Delaware tril>e 
 of Indians from the Cherokee Nation, under Agreement of April 8th, eighteen 
 hundred and sixty-seven. 
 
 This, however, has not been done, although it has been 
 demanded by us. 
 
 On August 4th, 1808, we brought suit in the Court of 
 Claims, as provided by tlie Act of Congress referred to above, 
 and have since been busily engaged in securing data, evidence 
 and proofs necessary to sustain our contention. 
 
 They (the Cherokees) have not yet paid us the full amount 
 of the money due us from the sale of the Outlet, whicli the 
 highest courts of the land determined was ours (see Journey- 
 cake Case, 28 C. Cls., II., 281 ; i:>.~. C. S. Pv., 197), claiming 
 that they did not liave enough money to pay us in full. But 
 they found enough money to appropriate nearly half a million 
 dollars more than was required to pay the Freedmon of the 
 Cherokee Nation, and in order that they nught justify them- 
 selves in paying this money out, since they were to divide the 
 greater part as attorney fees, the same authorities consented 
 
32 
 
 to and did place on the Freedmen roll more than one thousand 
 negroes who, everyone knew, were not entitled to be placed on 
 the roll. 
 
 A history of this shameful deal may be had by referring 
 to Senate Document 101, ootli Congress, ord Session. 
 
 This is a fair sample of the way tlie combination that 
 has control of Cherokee affairs regards right and justice. 
 
 The same may be said in regard to the recent Agreement 
 entered into with the Dawes Commission and the Commission 
 on behalf of the Cherokee Nation, January 14th, 1S90, in 
 which it may be seen, by referring to section 6 of said Agree- 
 ment, that the same authorities were willing to give to all the 
 inter-married white persons and such otlier persons who were 
 admitted witliout right or authority and without compensation 
 to the Cherokee Nation, and even the negroes referred to above, 
 an interest in all the lands and funds of the Cherokee Nation, 
 etjual to that due the legitimate owners, but expressly declared 
 that notliing should be given to the Delawaivs, and section 87 
 of said Agreement seemed to annul the Curtis Act governing 
 the segregation of the Delaware lands and even abrogating 
 the entire Delaware-Cherokee Agreement itself. Said section 
 87 reads as follows : 
 
 " This as:reement shall in nowise affect the provisions of existing 
 treaties between the Cherokee Nation and the United States, except so far 
 as it is inconsistent therewith, and no provisions of an}' Act of Congress now 
 existing inconsistent with the Agreement shall be operative in the Cherokee 
 Nation." 
 
 This Agreement, however, was not signed by the full- 
 blood members of the Cherokee Nation, wlio have been our 
 friends, neither was it ratified by Congress, and I have been 
 
33 
 
 informed that the proposition was a surprise to the Dawes 
 
 Commission, but it was the best they could get. Hon. Henry 
 
 L. Dawes, in his letter transmitting the Agreement, said : 
 
 " The Commission are aware of many imperfections in this Agreement. 
 They have never been able to make one free from them." 
 
 And the Downing party of the Cherokee Nation, in order 
 to get the votes of that class of people whose rights to a division 
 in the lands and funds should be (piestioned, did endorse this 
 xVgreement and made it a part of their platform, and by offering 
 an indirect bribe of an interest in the lands and funds for 
 votes did secure the election of their Chief and get control of 
 both branches of the Cherokee National Council, and will, of 
 course, attempt to further eniljarrass the Delaware Indians. 
 
 The same Act of Congress provides for the leasing of -lands 
 in the Indian Territory, for the purpose of developing oil, coal, 
 asphalt and other minerals, leaving the matter optional and at 
 the discretion of the Secretary of the Interior to grant or reject 
 any or all applications that may be made for the same. 
 
 Before the Act of Congress referred to above certain 
 Cherokees and inter-married white men, relatives of the con- 
 stituted authorities of the Cherokee Nation, did secure what 
 they term mineral leases from the said authorities, covering 
 the homes and improvements of the Delaware Indians. They 
 did sul)-lease the same to certain citizens of the United States 
 who claim to have expended twenty-odd thousand dollars in 
 putting down eighteen oil wells, and for this reason they 
 claimed a preferred right to lease from tlie Secretary of the 
 Interior over one hundred and eighty thousand acres of land, 
 covering most of the homes of the Delaware Indians, without 
 respect to their rights and without their consent. 
 
34 
 
 One of the provisions of the leases is : 
 
 " Provided, That the domain or tract, or any part thereof above described, 
 is not within or does not infringe upon the improvements or legal bounda- 
 ries of any other citizen." 
 
 Notwithstanding the foot that wc have invested over one 
 million dollars in these identical lands and improvements 
 thereon, these same people claimed in their petition to the 
 Secretary of the Interior that there were no adverse claimants 
 to this land ; and held that the expenditure of about twenty 
 thousand dollars, if they were forced to lose it, would work a 
 great hardship to them. They forget that they were tres- 
 passers on our land, and in justice should be compelled to pay 
 us damages. Tliey forget our rights and the hardship that 
 might be imposed on us. 
 
 It might be noted, however, that no applications were 
 filed for leases covering that portion of the Cherokee Nation 
 where no Delawares were located. 
 
 Tlio (juestion as to the rights of the Delawares is now in 
 the CJourt of Claims. If their contention is sustained that these 
 lands are Delaware lands and not subject to the laws and con- 
 stitution of the Cherokee Nation, the Cherokees have no right 
 whatever to make these leases. But even if the Delaware 
 lands were subject to the laws and constitution of the Cherokee 
 Nation, tliere is a provision in the Delaware-Cherokee Agree- 
 ment whicli says : "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," 
 and the provision referred to above in the mineral lease would 
 prevent them from interfering with the Delawares' rights. 
 
 The Delawares have just cause for alarm. If the pending- 
 leases are executed by the Secretary of the Interior, without 
 
o 
 
 ffi 
 
37 
 
 awaiting the decision of the Court of Claims as to the rights 
 of the Delawares therein, tliat tribe will find its interests and 
 remedies at law seriously embarrassed. The Supreme Court 
 of the State of Oregon, in 3Iosgrove vs. Harper, Uaj term, 
 1898, held that after the Secretary of the Interior had approved 
 a lease of Indian lands he could not cancel the same, stating ; 
 " That is a matter which belongs to the Judicial and not the Executive 
 Department of the Government. The right of the lessee, when den ed 
 fo e ell and take possession of the lease.l premises under and by virtue 
 If he everal provisions of the lease, can only be tried out .n a court of 
 law. and not by some Executive Department of the Government. 
 
 The Assistant Attorney-General for the Interior Depart- 
 ment in his opinion dated June 12th, 1S99, regarding certain 
 leases covering Ponca Indian lands, Oklahoma Territory, m 
 which it was shown that fraud existed in the procurement of the 
 same, and upon which payment of royalties have since been 
 accepted bv the Interior Department, says : 
 
 .' It is impossible to avoid the c mclusion that with full kno^vtedge of the 
 f,nudpru.tised in their procurement, these leases have been aftrmed and 
 the essee permitted to proceed on that theory to such an extent that to 
 caLel or r^Lind the Jses at this time because of that fraud would not 
 comport with the principles of reciprocal justice. 
 
 In one of my protests to the Secretary, I said : 
 <.The various companie.haveemployedprominentattorneys and m^^^^^^^ 
 
 Of the parties -^-^^^^-tx::::^^^::^^ r ih^r^ 
 ;:^rl::::^Jtr;:;r^ML^there.^^^^^ 
 
 Indians, have none of these advantages; yet I feel '^^^ ^ ^;'^;^^^^^^ 
 i.htto claim your attention and your careful ^-;^'^^''^f2tTTl^^^^^^^^ 
 tUe allegations I have set forth. In conclusi^on I ^^^^^^^^^^l^^Z 
 be declared void and that no leases be granted in the Ch^^^^^ ^^^^^•^.^. 
 lP-i«t until the Delaware lands have been segregated by the Dawes ^o^nmis 
 Iln as i^strttedby the 25th Section of the Act of Congress, known as the 
 
 Curtis Bill." . . o i. 
 
 On July 17th, 1899, Hon. Thomas Ryan, Acting Secretary 
 
 of the Interior, in his letter of instructions to the United States 
 
38 
 
 Indian Inspector for the Indian Territory, rejected the applica- 
 tions of the various companies who made appHcations for the 
 leases covering the hinds of the Dehiware Indians, but leaves 
 the impression that they may still obtain leases if they could 
 prove that there were no adverse claimants to the land and 
 made applications as prescril)ed l\v the instructions of the 
 Secretary of the Interior, May •22nd. 1S91). 
 
 A great many prominent and influential gentlemen, 
 whose attention was called to the condition of affairs which 
 confronted the Delawares, kindly responded and protested in 
 our behalf. Among them were Hon. K. F. Pettigrew, Chairman 
 of the Committee on Indian Affairs in the Senate ; Hon. James 
 S. Shennan, Chairman of the CJommittee on Indian Affairs in 
 the House of Representatives; Hon. Charles Curtis, Member 
 of the Committee on Indian Affairs of the House of Represen- 
 tatives ; Hon. Matthew S. Quay, United States Senator ; Rev. 
 T. J. Morgan, Ex-Commissioner of Indian Affairs ; Hon. 
 Darwin R. James, ('hairman of the Board of Indian Commis- 
 sioners ; S. INI. Brosius, Escp, Agent of the Indian Rights 
 Association, Washington, D. C., and a great many others. 
 
 We are now trying to secure our last little homes in the 
 Indian Territory' and protect them from the grasping greed of 
 heartless syndicates and corporations. We have defended our 
 interests as best we could ; we greatly need the assistance of 
 the Christian influence of this great Nation, and we shall be 
 grateful for the help that w^e believe you will render us. 
 
 With every sentiment of respect, I am your obedient 
 servant, 
 
 Richard C. Adams, 
 Representing the Delaware Indians. 
 
Delaware Baptist Church. 
 
LETTERS AND AGREEMENT. 
 
 T^HE following are copies of some letters written ])y officials 
 -'• of the Government,' which may be found on tile in the 
 Office of the Commissioner of Indian Affair?, Washington, 
 D. C. They will assist the reader in forming some idea of the 
 manner in which the Delawares have been dealt with : 
 
 PiQUA, Mar. 20, 1821. 
 Sir: 
 
 On the 15th inst., I received from his Excellency, Gov. Cas3, a letter of 
 whicli an extract will be found above. 
 
 The Delaware Nation as joint owners with the Miamies occupied the 
 country watered by the White River in the State of Indiana. It might be 
 estimated safely at the time of ihe treaty of St. Mary's of Oct., 1818, in extent 
 at 100 miles by 70. There is no tract of the same magnitude to which the 
 Indian title has been extinguished within the last 20 years of greater value, 
 the soil is good, is well watered and the climate fine. The permanent seat 
 of Government for the State of Indiana has been lately fixed in the centre 
 of the White River tract. This country must greatly enrich the public 
 treasury. It was with the utmost difficulty that the Delawares could be 
 induced to relinquish their claim for it. They were pressed repeatedly and 
 for years on the subject. The fiegotiations were finally undertaken at the 
 earnest solicitations of the Governor and Legislature of Indiana, expressed 
 to the President, and never was any undertaking of the kind more difficult 
 to accomplish. The joint ownership of the Miamies greatly added to our 
 embarrassments on the occasion, in proportion to the difficulties that pre- 
 sented themselves so were we liable in our promises. The communications 
 made by myself to your excellency by the Chief Anderson, would convey 
 some idea of what the Delawares had a right to expect. They have reason 
 to expect that a country should be immediately provided for them west of 
 the Mississippi and that they were to be protected in the peaceable enjoy- 
 ment of that country. This country was to be designated by a certain 
 prominent geographical boundary, It was not understood how large it 
 should be but as the chief design of their removal was to live as hunters, 
 and to get out of the immediate neighbourhood of the whites, they had a 
 right to expect a countiy sufficiently large for the purposes of hunting. I 
 would suppose in any event it would not be less than the one which they 
 left. It was not apprehended that land far interior with you was of much 
 consequence and the understanding with the Delaware Cbiefs was that their 
 
 41 
 
42 
 
 station should be as remote as their safety from the other tribes would allow. 
 Previous to their removal last year, the contents of a letter from the Secre- 
 tary of War, Jan. 6, 1820, together with a copy of yours to him of the 
 preceding November, was communicated to the Chiefs (copies are enclosed). 
 I recommended also, to them to prefer the hilly country on account that 
 they would not so soon be interrupted by the approaches of the whites ; I 
 recommended also, that they should select their future liome as far from 
 the whites as their own safety would i^ermit. 
 
 The Delawares were promised reasonable supplies of corn, salt and 
 ammunition for the first year after their arrival in your country. Tiie one- 
 half of the tribe yet remain here and will move some, time in the coming 
 summer. This Nation was always a leading one among the Indians of this 
 coumry. They are siguificantly distinguished on all public occasions as 
 Grand Fathers. Should their settlement witli you be in all respects agree- 
 able to their feelings, it may have a decided influence in drawing all our 
 Indians westward. It is now equally their interest as well as ours that they 
 should leave this country. There is no tribe of the natives on this conti- 
 nent whose case aifords so many causes to excite the best sympathies of our 
 nature. 
 
 They are the descendants of the primitive inhabitants of the lower coun- 
 ties of Pennsylvania, of the State of Delaware and the adjacent parts of New 
 Jersey. There are persons of this tribe with you, and they are not a few, 
 that were born and ra'sed within sixty miles of Philadelphia. In contending 
 with the whites for what they considered their just rights, they have been 
 reduced to a mere handful. Every consideration of justice, of humanity 
 and sound policy requires that they should be treated with liberality. 
 
 My feelings as an individual are largely interested for them, having been 
 their Agent for a considerable part of my life, there is not an individual 
 that is not personally known to me. I pray your Excellency to have special 
 care taken of them, to supply their immediate and most pressing wants and 
 to have them permanently fixed agreeably to their wishes. 
 
 The number of Delawares yet to go from this country is not much short 
 of one thousand souls. You may expect them in the course of this year, 
 
 I have the honor to remain, 
 With great respect, 
 His Excellency, Your obt. servant, 
 
 William Clark, John Johnston. 
 
 St. Louis. 
 
 Note : While it is evident from this letter that the 
 Delawares surrendered in Indiana 4,4<S0,000 acres of land, they 
 received as a reservation less than 1,000,000 acres of land in 
 Kansas, and as an Outlet estimated at one million acres. This 
 
43 
 
 outlet, however, brouoht the Delaware Indians only .$10,000, 
 wliieli was paid to five chiefs for certain reasons and the Del- 
 aware people received no part of it. 
 
 Upper Pkjua, 
 
 Odohtr 22, 1S21. 
 Sir: 
 
 I have now to acknowledge the receipt of your letter of tlie 2or(l August, 
 covering an extract from Mr. Graham's letter to you of the 27th .July last. 
 I had at diiferent periods communicated to Governor Cass all the information 
 that was nec-essary in relation to the Delavvares. It is presumed that ^Fr. 
 Graham has not had a view of any of my communications. Until recently 
 I was of the opinion that Governor Clark still had the superintendence of 
 Indian Affairs west of the Mississippi. 
 
 A personal annuity for life was solemnly guaranteed by the Commis- 
 sioner of the United States and myself at the Treaty of St. Mary's to 
 Anderson and Lapanihlie, the two principal chiefs of the Delaware Nation, 
 that is to say 83()0 to the former and .?I40 to the latter. On this part of the 
 negotiation the personal safety of the Chiefs required the utmost secrecy. 
 I presume there is no record of the stipulation on the journals of the 
 Commissioners. The Government is pledged for the regular payment of 
 these two annuities ; each of the Chiefs hold a paper written and signed by 
 myself to this purport. Anderson is now about sixty years old and 
 Lapanihlie fiftv. The great difficulties which occurred in purchasing the 
 country of the Delawares made us liberal in promises. 
 
 The Government and citizens of Indiana took such a deep interest in 
 the event that a purchase must have been made. It fell to my lot to 
 arrange all the details of the treaty with the Delawares. I have since had 
 reason to regret that many of my engagements were not written more in 
 detail in that instrument. My embarrassments in moving those people for 
 the want of funds has been extremely great. I am now in debt as the 
 Agent of the Government to sundry individuals on account of sundry 
 claims which the Nation had against us, to the amount of $2,415.07. 
 
 I intended to have submitted this business to you through Governor 
 Cass sometime before the meeting of Congress, to the end that provision 
 might be made to relieve me, but as your letter has brought the case of the 
 Delawares into view, I submit it now with a recpiest that if it is within the 
 means of the Department I may be furnished with money to pay it. I have 
 regular vouchers for the whole amount. 
 
 By the treaty of Fort Wayne of 1803, the Delawares and other tribes 
 who were parties to it, were to receive annually forever one hundred and 
 fifty bushels of salt. In apportioning this quantity among the whole, I 
 assigned to the Delawares thirty bushels yearly. 30 bushels of salt and the 
 transportation would amount at that time to $100. The salt was not 
 
44 
 
 furnished regularly until it was quite evident it never would be furnished 
 regularly and as the Nation were lea vinii me forever, I thought it best to allow 
 them money in lieu of it. This would put an end to all difficulties there- 
 after and would not prejudice the Government. I resiiectfuUy recommend 
 that the arrangement made with the Chiefs be approved. 
 
 There is nothing due the Delawares for arrears of salt. The articles 
 which I furnished them previous to their departure was in full discharge of 
 all claims prior to their leaving us. They have lost horses on their journey 
 westward, which they claim compensation for, and which if stolen by the 
 whites they should be paid for. 
 
 The following ig a list of debts due on account of moving the Delawares 
 in 1820 and 1821. The amount has no connection with the current expenses 
 of my agency. 
 To the house of Neave & Brother, of Cincinnati, for powder, lead, 
 
 tobacco and flints §532.68 
 
 To Connor & Marshall of Indiana, for provisions and ammunition 
 
 and for extra services for interpreting 993. 
 
 To Neave & Bro. of Cincinnati for sundry articles of merchandize 
 to make satisfaction for a murder committed on a Delaware 
 
 Indian by a citizen of the IT. S $151.10 
 
 To Benj imin Brandon of Piqua, Ohio, for flour, beef and salt . . $523. 75 
 For carriage of goods from Cincinnati to Wapaghkonetta . . . . 48.43 
 To Benjamin S. Cox, of Piqua, Ohio, for 4 saddles and 4 saddles . 876.00 
 To William Johnston, of Piqua, Ohio, for sundry articles of mer- 
 chandize . $94.65 
 
 To Nicholas Greenham of Piqua for sundry articles of merchan- 
 dize $53.95 
 
 To Francis Duchoquet, expenses to White river express .... $6.00 
 
 To Snively for 1 rifle to the Chief, the Buck $20.00 
 
 To John Johnston for flour and meat $114.20 
 
 $2, 415. 67 
 On account of the number of poor Delawares who last moved, I was 
 under the necessity of procuring for them forty horses at thirty dollars 
 each. A paper enclosed will more fully explain the transaction. 
 
 The $1,200 is to be remitted here in the spring and deducted from the 
 annuity of 1822. I have only further to remark in relation to the Delawares 
 that sound policy as well as humanity requires that they should be treated 
 with the utmost liberality in the country to which they have gone, if their new 
 situation should prove agreeable to them, they will be the means of drawing 
 all the Indians in this country after them. It is now unquestionably the 
 interest of all to move, for they cannot be civilized on what is called Res- 
 ervations, that is small portions of land surrounded by a numerous white 
 population. 
 
 I am informed that measures will be taken to induce the Government 
 to organize a principal and independent agency at Sandusky for the 
 
45 
 
 Wvandottes. Such a measure woul.l be totally unnecessary. The small 
 number of Indians in that quarter (and they are constantly diminishing) does 
 not require any such establishment. Mr. Shaw as Sub-Agent at Upper 
 Sandudky for the Wyaudottes and Mr. Montgomery sub-agent for the 
 Senecas below. The Department as at present organized is fully adequate 
 to all the reasonable and just wants of the Indians. At the payment of the 
 annuities in July last, at Upper Sandusky, I received the thanks of the 
 Chiefs of both Nations for the satisfactory manner in which their business 
 was conducted. I should be ashamed to have less to do than at present. 
 
 I know not whether I am entitled to receive the laws of the United 
 States I have formerlv applied for them at the War Department, as well 
 as the Department of State. They were not sent. In discharging the duties 
 of my office, I am frequently in great need of the laws. The volume which 
 contains the substance of all the statutes having reference to the public 
 lands would assist me much in my official duties. 
 
 I have the honor to remain, 
 With great respect, 
 
 Sir, your obt. servant. 
 The Honorable J. C. Calhoun, John Johnston, 
 
 Secretary of War, -^«<^i«'i ^5'^"<- 
 
 Washington. 
 
 (Delaware C, 1486.) 
 
 Delaware Agency, 
 
 June 16, 1865. 
 
 Sir • 
 
 Since the ejection of intruders from the Delaware Trust lands by 
 military force, is no longer to be looked for ; by request of the Chiefs and 
 principal men of that tribe, I would most respectfully call the attention of 
 the Department at Washington to the importance of a separate survey and 
 sale of the lands. The late act of Congress of the 3rd of March intended to 
 enable the President to carry out in good faith the recent treaties of the 
 Ottoes Missouris, etc. Instead of checking intrusion on these " trust lands," 
 as was'coniidentlv expected, seems to be regarded by many as a hcense to 
 enter upon them. The slip from a Kansas paper, herewith enclosed, 
 exhibits the extraordinary and unprincipled spirit actuating the unprin- 
 cipled portion of the squatter emigration. The difficulty of a faithful exe- 
 cution of the treaty will but increase with time. A long, uninterrupted pos- 
 session gives even the trespasser a color of right, and quiet peaceable citizens 
 are inclined to respect such rights. A large emigration is daily Howing into 
 the country, seizing upon the best lands and most desirable situations, 
 uniting with and giving strength and power to unlawful combinations. In 
 a word, should the sale be long delayed, I do not believe these lands will 
 
46 
 
 bring at auction one-half of their value. I have thus briefly called up this 
 unpleasant subject, from a sincere desire that justice may be done those 
 of all others the most helpless and inoffensive people. 
 
 Very respectfully, 
 
 Your obt. servant, 
 
 B. F. Robinson, 
 Col. A. Gumming, Indian Agent. 
 
 Supt. Indian Affairs. 
 
 Enclosure. 
 
 Squatters' Meeting. 
 
 At a meeting of the squatters, on Saturday, March 10, in Leavenworth, 
 after much discussion upon two reports of a committee, the following was 
 adopted. 
 
 Whereas, It has now become apparent that pre-emption will be assured 
 to the settlers upon the land ceded lo the U. S. by the Delaware Indians, 
 therefore be it — 
 
 1. Resolved, That on and after the first day of May next, we will take the 
 pre-emption law as our sole guide and rule of action in relation to claims in 
 the Delaware Distric-t and our Squatter Courts are hereby instructed to act 
 accordingly. 
 
 2. That where the existing laws and regulations of this Association 
 shall clash or differ with the Pre-emption Law, they are so far declared to 
 be void and of no effect. 
 
 3. That we tender our grateful acknowledgement to Hon. .7. Whitfield 
 and other distinguished friends, both in and out of Congress, for their able 
 and indefatigable exertions in our behalf, which has greatly strengthened 
 our cause and shown our just claims for consideration at the hands of the 
 Government. 
 
 4. That the proceedings of this meeting be published in the Kansas 
 Herald, Sijuatters' Sovereign, and Kansas Pioneer, and such Missouri 
 journals as feel friendly to the squatters' cause. 
 
 R. R. Reese, Cliairman. 
 
 (Delaware T, 41.'].) 
 
 Elwood, Kan., March 22, 18G2. 
 Hon. Lyman Trumbull, 
 Dear Sir : 
 
 I wish some information about the Delaware Indians. I will just state 
 that our Senators, Lane and Pomeroy, in speeches and otherwise, urged the 
 settlement of those lands and as a cmsequence about 2,000 people are upon 
 those lands, many of them refugees from oppression in Missouri, desiring 
 to make homes for their families in the truly loyal State of Kansas. 
 
 Now we have recently heard that they will be driven from there to 
 make room fir an imaginary railroad company, who, I believe, will not come 
 up to their agreement with the Government. 
 
47 
 
 They have advertised to sell said lands and take one-third of the pur- 
 chase money, when if a man comes with five dollars, they will take it and 
 make out his papers for $oO, §100, or $200, and get all they can. 
 
 They also have Agents in all the towns around to sell land and if they 
 cannot sell lands, sell the timber off the lands for firewood, rail and saw 
 timber, at a small price. I will send you one of their notices. The timber 
 is being cut at a dreadful rate now. 
 
 Sir, if they had the lands "bona fide," would they thus wilfully destroy 
 the timber? I have recently passed through the reserve and the timber 
 near Lawrence and Oskaloosa is very much destroyed already, 
 
 I hope, sir, you will call the attention of the President to these facts and 
 let me know all about it by letter. 
 
 I dislike troubling our Senators at this time, but it is an important 
 matter to at least 2,000 as good and loyal people as there are to be found. 
 
 And endorsing your course as a statesman for many years, I have taken 
 the liberty to time your time and patience. 
 
 Please write at your earliest convenience and give me all the informa- 
 tion you can. 
 
 Please send us occasionally some public documents. 
 Very respectfully, 
 
 Your friend, 
 
 P. C. Ferguson. 
 Hon. W. P. Dole, 
 
 Commissioner Indian Affairs, 
 Dear Sir : 
 Allow me to call your attention to within. 
 
 L. Trumbull, 
 
 (Book No. 70, page 516.) 
 
 Department of the Interior, 
 
 Office op Indian Affairs, 
 
 Washington, D. C, May 29, 1S6S. 
 F. Johnson, Esq , 
 
 U. S. Agent, 
 Quindaro, Kansas. 
 Sir: 
 
 Your letter of the 2-lth ultimo, enclosing the request of the Delaware 
 Chiefs for permission to apply $800 of their funds to the purpose of defray- 
 ing the expenses of a delegation to the Rocky Mountains to select a new 
 location for the Delaware Nation, has been received. Official information 
 received here from every portion of the country mentioned, fully satisfies 
 me that there is no locality in all that region that is not subject to very 
 grave objections, for the contemplated purpose. Throughout the whole of 
 Utah, the lands with scarcely any exception can only be cultivated by 
 irrigation and a very large portion are simply barren waste. To the North 
 
48 
 
 and Northeast the country is wild, rocky and mountainous, inhabited 
 mainly by wild tribes of Indians, with whom no treaties for the extinguish- 
 ment of titles have been negotiated and who are much addicted to hostili- 
 ties as well amongst themselves as towards white emigration passing through 
 the country. I feel well assured that a movement of the Delawares to any 
 portion of that country could not result advantageously and would probably 
 prove disastrous. For these reasons, I feel constrained to withhold my 
 assent to the request of the Chiefs. I am not adverse, bat on the contrary 
 greatly desire a removd of the Delawares from Kansas, provided they can find 
 a location in the Indian country that can be obtained as a permanent home. 
 All the acccounts concur in representing this country as one of the most 
 desirable in all our borders and the best suited to the peculiar wants of the 
 Indians. Its climate is delightful, its soil is fertile and its geographical 
 position is such that its occupation by lawless whites can be more easily 
 prevented than any other portion of the country with which I am acquainted. 
 By common consent this country seems to be recognized as the Indian 
 country and I have strong hopes that it will eventually prove for them a 
 happy and prosperous home. To render it so, no effort on my part will be 
 wanting. You are directed to submit this letter to the Chiefs and should 
 they so desire, are authorized to grant them permission to aiii)ropriate so 
 much of their funds as is in your judgment actually necessary to defray the 
 expenses of a delegation to the Indian country for the purpose of examining 
 the same and ascertaining what arrangements can be made with a view to 
 securing a permanent home for those of the Delawares who may desire to 
 emigrate. 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 William P. Dole, 
 
 Commissioner. 
 

 > 
 
 > i 
 
 =i o 
 
DELAWARE-CHEROKEE AGREEMENT. 
 
 Articles of Agreement 
 A/i ADE this 8tli day of April, A. D. 1807, between the 
 -^ ' ^ Cherokee Nation, represented by WilHam P. Ross, 
 Principal Chief, Riley Keys, and Jesse Bushyhead, delegates, 
 duly antliorized, parties of the first jjart, 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, witnesseth : 
 
 Whereas, By the 15th article of a certain treaty between 
 the United States and the Cherokee Nation ratified August 
 11th, 1866, certain terms were })rovided, under which friendly 
 Indians might be settled upon unoccupied lands in the 
 Cherokee county, east of the line of OGth degree of west longi- 
 tude, 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 ai)proval of the President of tlie United States ; and 
 whereas, by a treaty between the United States and the Dela- 
 ware tribe of Indians ratified August 10th, 1866, the removal 
 of the said Delawares 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 Delawares a tract 
 of land, being part of a tract a cession of which l)y the Chcrokees 
 to the United States Avas then contemplated ; and whereas, no 
 such cession of land was made by the Cherokees to the United 
 States, but in lieu thereof, terms were provided as hereinbefore 
 mentioned, under which friendly Indians might be settled 
 
 51 
 
52 
 
 upon their lands ; and whereas, a full and free conference has 
 been held between the representatives of the Cherokees and 
 the Delawares, in view of the treaties herein referred to, 
 
 I'irst 
 
 looking to a location of the Delawares upon the Cherokee lands, 
 
 second 
 and their consolidation with said Cherokee Nation : Now there- 
 fore, it is agreed between the parties hereto, subject to the 
 approval of the President of the United States, as follows ; 
 
 The ( Uierokees, parties of the first part, for and in con- 
 sideration of certain payments and the fulfillment of certain 
 conditions, hereinafter mentioned, agree to sell to the Dela- 
 wares, a quantity of land east of the line of the 90th degree 
 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 18th, 18(37, by the Del- 
 aware Agent, and on file in the Office of Indian Affairs, being 
 the list of the Delawares 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 Delawares as 
 may within one month after the signing of this agreement, 
 desire to be added thereto ; and the selection of the lands to 
 be purchased by the Delawares may be made by said Dela- 
 wares in any part of the C'lierokee reservation east of said line 
 of 9() 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 })rovided for the Dela- 
 wares, to include their improvements according to the legal 
 sub-divisions, 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 
 
53 
 
 shall the contiiiULMl ownership and occupancy of said hind by 
 any Dehuvare so registered be interfered with in any manner 
 whatever witliout 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: I'rovided 
 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 Delawares, parties of the second part, agree 
 that there shall be paid to the said Cherokees, from the Dela- 
 ware funds now held or hereafter received \)y the United States, 
 a sum of money ecjual to one dollar per acre, for the whole 
 amount of 1(50 acres of land, for every individual Delaware 
 who has already been registered upon the aforesaid list, made 
 February 18th, 1SG7, 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 Delawares, 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 Delawares, it is 
 agreed that he may transfer such l\ S. bonds to the Cherokee 
 Nation, at their market value at the <late of such transfer. 
 And the said Delawares further agree that there shall be 
 paid from their funds, now or hereafter to come into posses- 
 sion of the United States, a sum of money which sliall sustain 
 the same proportion to the existing Cherokee National Fund 
 that the number of Delawares registered as above mentioned, 
 and removing to the Indian country, sustains to the whole 
 number of Cherokees residing in the Cherokee Nation ; and 
 for the purpose of ascertaining such relative numbers, the 
 
54 
 
 registers of the Delawares herein referred to, with such addi- 
 tions as may be made within one month from the signing of 
 this agreement, shall be the basis of calculation as to the 
 Delawares, and an accurate Census of the Cherokees residing 
 in the Cherokee Nation shall be taken under the laws of the 
 Nation witliin four months, and properly certified copies 
 thereof filed in the Office of Indian Affairs, which shall be 
 the basis of calculation as to the Cherokees. And that there 
 moy be no doubt hereafter as to the amount to be contributed 
 to the Cherokee National Fund by the Delawares, it is hereby 
 agreed by the parties hereto that the whole amount of the 
 invested funds of the Cherokees, after deducting all just claims 
 thereon, is $678,000. And the Delawares further agree that 
 in calculating the total amount of said National Fund there 
 shall be added to the said sum of $078,0.00. 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 Delawares 
 are to pay into the common fund ; Provided, That as the $678,- 
 000 of funds now on hand belonging to the Cherokees is 
 chiefly composed of stocks of different values, the Secretary of 
 ^he Interior may transfer from the Delawares to the Cherokees 
 a pro])er proportion of the stocks now owned by the Dela- 
 wares, of like grade and value, which transfer shall be in part 
 of the pro rata contribution herein provided for by the Dela- 
 wares to the funds of the Cherokee Nation ; but the balance 
 of the pro rata contribution bv the Delawares to said funds 
 shall be in cash or U. S. bonds at their market value. All 
 cash and all jnoceeds of stocks, whenever the same may fall 
 
55^ 
 
 due or ])e sold, received by the Cherokees from the Delawares 
 under this agreement, shall be invested and applied in accord- 
 ance with the 23rd article of the treaty with the C'herokees 
 of August 11th, ISm. 
 
 On the fulfillment by the Delawares of the foregoing stipu- 
 lations, all the members of the tribe registered as above pro- 
 vided 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 Cherokees, save as 
 hereinbefore provided. 
 
 And the children hereafter born of such Delawares so 
 
 incorporated into the Cherokee Nation, shall in all respects be 
 
 regarded as Native Cherokees. 
 
 W^r. P. Ross, Principal Chief; 
 
 Riley Keys, 
 
 Cherokee Delegation. 
 
 his 
 
 John X Conner, Principal Chief; 
 
 mark 
 
 Charles Journeycake, 
 Isaac Journeycake, 
 
 his 
 
 John X Sarcoxie, 
 
 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 aljove written. 
 
 John G. Pratt. 
 
 Wm. a. Phillips. 
 
 Edward S. Menager, 
 
 Department of the Interior, 
 
 April 11, 1867. 
 
56 
 
 The within agreement between the Cherokee and Dehiware 
 tribes of Indians, concluded on the Sth inst., and providing for 
 uniting the two tribes as contem})lated by the Cherokee treaty 
 of July 19, 1806, is respectfully submitted to the President^ 
 witli the recommendation that it be approved. 
 
 O. H. Bkowninc;, 
 
 Secretary. 
 Approved April 11, 1867. 
 
 Andrew Johnson. 
 
 Eatified by the National Committee, June 15, 1867. 
 H. D. Reese, Smith Christie, 
 
 Clerk Nat. Committee. President Nat. Committee. 
 
 Concurred in. 
 S. Foreman, John Young, 
 
 Clerk of Council. Speaker of Comicil. 
 
 Resolution in Furtherance of the Treaty with the 
 
 Del A WARES. 
 
 Resolved, by the National Council, That the Principal 
 Chief be and he is hereby authorized to appoint some suitable 
 person to transcribe the Cherokee Census rolls, and forward 
 copies of them to the Secretary of the Interior at as early a 
 date as it can be done. Also, to call on the Secretary of the 
 Interior for a copy of the Delaware census roll. 
 
 Tahlequah, C. N., June 17, 1867. 
 
 Approved. Wm. P. Ross, 
 
 Principal Chief. 
 
 (The italicized lines and notes are placed in the above 
 copy to call the attention of the reader to particular features 
 of the Agreement ; they are not found in the original. Perhaps 
 if this Agreement had been drawn up by lawyers of the present 
 day, it would not have been such an ambiguous document.) 
 
w 
 
REPORT OF THE COMMISSIONER OF INDIAN 
 AFFAIRS, 1869. 
 
 Pages 484 and 485. 
 
 THE sale of bonds, indicated in the preceding table, which 
 were previonsly held in trnst, for the Delaware general 
 fund, was effected by a transfer upon the trust-fund books of 
 the Department on the 13th of May, 18(39, to the credit of the 
 Cherokee funds, in accordance with the wishes of the Dela- 
 ware Indians, an agreement having been previously made 
 (April 8, 18G7) between the Cherokee and Delaware Indians, 
 based upon prior treaties, by which the Cherokees agreed to 
 sell to the said Delaware Indians a portion of their land east 
 of a line of ninety-six degrees of west longitude at the rate of 
 one dollar per acre, upon condition that the said Delaware 
 Indians, in addition to the amount necessary to pay for said 
 land, transfer to the credit of the different Cherokee funds a 
 pro rata share of their trust funds, and become a part of the 
 Cherokee Nation. 
 
 It was found by calculation that 985 Delaware Indians 
 would require, at IGO acres each, 157, GOO acres, amounting at 
 
 one dollar per acre to $157,600.00 
 
 The proportion of the numl)er of Delawares to 
 that of the Cherokees was found to be as 1 to 
 13.78, and on this basis the amount of stocks 
 which it was found necessary to transfer to the 
 Cherokees, as pro rata funds from those belong- 
 ing to the Delaw^ares, was 121,824.28 
 
 Total amount acquired to cover payment for 
 157,()00 acres of land and pro rata funds trans- 
 ferred ^|279424^ 
 
 Til) 
 
60 
 
 The funds transferred were as follows : 
 Amount of non-paying bonds of 
 several Southern States as shown in 
 the above statement, transferred at 
 
 par, as per agreement $32,000.00 
 
 Amount of paying stocks of State 
 
 of Missouri \ 2,000.00 
 
 $34,000.00 
 
 1230,710.10 in United States bonds issued to 
 Union Pacific Railway ("ompany, eastern divi- 
 sion, transferred at market rates (lOGf.) 245,424.28 
 
 $279,424.28 " 
 
w 
 
1 
 
 CONCLUSION. 
 
 F the kind reader into whose hands this hooklet may 
 chance to fall should become sufficiently interested in the 
 matters relating to the DelaAvare Indians to vender them moral 
 support and assistance in any manner, such assistance will be 
 greatly appreciated by l)otli the Delaware people and your 
 
 humble servant. 
 
 In distributing, with my compliments, a limited number 
 of these booklets, I have undertaken the task from my own 
 personal resources, and owing to my want of funds have not 
 been able to make the distribution very large ; but should you, 
 or your friends, wisli other coi)ies of it, upon receipt of a 
 remittance I will cheerfully furnish them. 
 
 The Delaware Indians, having no fund at their disposal, 
 have been able to promise me so far only a contingent fee, and 
 for three years, at my own personal expense, I have chami.ionc.l 
 their cause and the cost of doing this has been many thousand 
 
 dollars. 
 
 AVhile I have undertaken to attend to matters personally 
 before the Executive Departments of the Government, it is very 
 necessary to have able attorneys represent us before the Judi- 
 ciary and this has been one of the great expenses of this cause. 
 
 We were fortunate, however, in securing as attorney of 
 record before the Court of Claims the assistance of Hon. Walter 
 S. Logan, President of the New York State Bar Association, 
 and as Associate Counsel, Marx 1-:. Harby, of the firm of 
 Logan, Demond & Harby, No. 27 William Street, New York. 
 
 63 
 
64 
 
 The purpose of distributing these booklets is to better 
 inform the public as to the justice of our cause. Few men will 
 do another knowingly a willful wrong and there are but few 
 men who will not be good Samaritans if they but have the 
 opportunity. 
 
 With every sentiment of respect, 
 
 I am, sincerely yours, 
 Richard C. Adams, 
 Representing tlie Delaware Indians^ 
 
 AVashington, D. C. 
 
ADDENDA. 
 
 AND now you've read their story and their Legend, too, 
 You see by these traditions that they were friends to yon. 
 You see the needs and troubles of this jjersecuted band, 
 Who always have stood by you, and helped you to a man. 
 Greater proof of friendship than this could never be, 
 When the quarrel was not his, he gave his blood for thee ! 
 And now he asks your friendship, but not at such a cost, 
 He's asking your assistance, before his home is lost. 
 
 He fears not the judgment when he gets to Court, 
 
 His rights are firmly anchored as any ship in port, 
 
 But there are pirates in the Harbor! Fierce marauders lurking near ! 
 
 And the mischief they are planning is the danger he may fear. 
 
 They are seeking to deprive us of the product of our land. 
 
 They care not who may own it, if they but perfect their plan. 
 
 In this bloodless battle, can we now expect your aid ? 
 
 Give us for the blood we've spilt, your moral help instead. 
 
 U. C. A. 
 
Walter 8. Logan, 
 Attorney of Record for Delaware TiuliaiiP. 
 
M.\i;\ E. JIahijv. 
 Associate Counsel. 
 
THE LEGEND OF THE "YAH QUA WHEE" OR 
 MASTODON. 
 
 LONG ACtO, in time almost forgotten, when the Indians and 
 the Great Spirit knew each other better, when the Great 
 Spirit would appear and talk with the wise men of the Nation, 
 and they would counsel with the people ; when every warrior 
 understood the art of nature, and the Great Spirit was pleased 
 with his children ; long before the white man came and the 
 Indians turned their ear to the white man's God ; when every 
 warrior believed that bravery, truth, honesty and charity were 
 the virtues necessary to take him to tlie hap})y hunting- 
 grounds ; when the Indians Avere obedient and the (Jreat 
 Spirit was interested in their welfare, there were miglity beasts 
 that roamed the forests and plains. 
 
 The Yah Qua Whee or mastodon that was placed here 
 tor the beneht of the Indians was intended as a l)east of burden, 
 and to make itself generally useful to the Indians. This 
 beast rebelled. It was fierce, powerful and invincible, its skin 
 being so strong and hard that tlie sliarpest spears and arrows 
 could scarcely penetrate it. It made war against all other 
 animals that dwelt in the woods and on tlie plains which the 
 Great Spirit had created to be used as meat for his children — 
 the Indians. 
 
 A tinal battle was fought and all the beasts of the plains 
 and forests arrayed themselves against the mastodon. The 
 Indians were also to take part in this decisive battle if neces- 
 sary, as the Great Spirit had told them they must annihilate 
 
 the mastodon. 
 
 71 
 
72 
 
 The great bear was there and was wounded in the battle. 
 
 The battle took place in the Ohio ^^alley, west of the 
 Alleghanies. The Great Spirit descended and sat on a rock 
 on the top of the Alleghanies to watch the tide of battle. 
 Great numbers of the mastodons came, and still greater numbers 
 of the other animals. 
 
 The slaughter was terrific. The mastodons were being- 
 victorious until at last the valleys ran in blood. The battle 
 field became a great mire, and many of the mastodons, by 
 their weight, sank in the mire and were drowned. 
 
 The Great Spirit became angry at the mastodon, and from 
 the top of the mountain hurled bolts of lightning at their 
 sides until he killed them all except one large bull, who 
 cast aside the bolts of lightning with his tusks and defied 
 everything, killing many of the other animals in his rage, 
 until at last he was wounded. Then he bounded across the 
 Ohio river, over the Mississippi, swam the Great Lakes, and 
 went to the far north where he lives to this day. 
 
 Traces of that battle may yet be seen. The marshes and 
 mires are still there, and in them the bones of the mastodon 
 still are found as well as the bones of many other animals. 
 
 There was a terrible loss of the animals that were made 
 for food for the Indians, in that battle, and the Indians 
 grieved much to see it, so the Great Spirit caused, in remem- 
 brance of that day, the cranl)erry to come and grow in the 
 marshes to be used as food, its coat always bathed in blood, 
 in remembrance of that awful battle. 
 
 Note. The foregoing; is one of the many Delaware Indian legends. I 
 have never seen it in print, and thinking it may be of some interest to the 
 mythological student, I relate it here. R. C. A. 
 
TO THE DELAWARE INDIANS. 
 
 1HAYE travelled o'er the country that once was our domain, 
 Seen the rivers and the mountains, the broad and fertile plain, 
 Where the Indian chased the buffalo, the antelope and deer. 
 When the smoke from Indian wigwams arose from far and near ; 
 Seen the lovely Susquehanna, where our council lire would burn, 
 And all the tribes and warriors would gather there to learn 
 The wise teachings of our chieftains and their traditions old. 
 And to tell it to their children as to them it had been told. 
 
 I see, from time immemorial, by stories handed down. 
 We had exclusive title to our homes and hunting-ground. 
 But then there came some pilgrims from a far and distant shore. 
 As they said " with Christian motives," our country to explore ; 
 For us, " a poor heathen nation," their hearts were truly sad ; 
 And to save us from " the infernal powers " they'd be very glad. 
 But to provide the daily bread of those who laid the plan, 
 Well, of course, we'd be expected to give them plenty of land. 
 
 But for that we should not care, they would lead us on to light. 
 And " in heaven we'll be rewarded " they say, for doing right. 
 For there the Bible teaches, "our treasures we should store ; " 
 If our rights are there established, we need for nothing more." 
 And Christians will gladly show us the path the pilgrims trod, 
 That leads unto eternal joy in paradise with God." 
 So we gave close attention to their actions one by one, 
 And this, as we have found it, is part that they have done. 
 
 They took with pious gratitude the land that was our own, 
 They killed the buffalo and deer and drove us from our home I 
 Some of our people plead witli them, our country to retain. 
 While others did contest our rights with arms, but all in vain. 
 With sorrow, grief and suffering, we were forced at last to go, 
 From the graves of our forefathers to a land we did not know. 
 But this was now guaranteed to us, " as long as water shall run,' 
 Yet on they pushed us, on and on toward the setting sun ! 
 
" And this will be tlie last move," they tell us, if we go ; 
 " You will hold the country this time as long as grass shall grow, 
 " For the good, Great Father's promise is a very sacred pledge, 
 " And to all his children does he give the greatest privilege;" 
 That is to all children he adopts from every race of man, 
 Except the rightful owners of this broad and bounteous land ! 
 They must in meek submission bow unto the hand of might, 
 To them the courts of law are barred, they can make no legal tight! 
 
 If the Indian seeks the Government, there his grievance to relate. 
 He must first obtain permission from those who rule the State ! 
 If his rights are there denied him and an attorney he would seek, 
 He is sternly then reminded he has no right to speak I 
 " For under section so and so, which guides your legal move, 
 " You see no attorneys can appear for you, except if we approve ; 
 " And if, in our opinion, your claim does not adhere 
 " To the interests of the public, then your cause we cannot hear." 
 
 " This is a Christian Nation," tiiey oft witli pride maintain, 
 And even on their money their faith they do proclaim. 
 And none can hold an office here in this Christian land, 
 Unless he believes in Heaven and the future state of man ; 
 In every town are churches, God's word is everywhere, 
 E'en legislation, good or bad, begins each day with prayer, 
 '■ This is the home of freedom, where justice rules the land I 
 " And all (save Indiau people) their rights may here demand ! " 
 
 The foreigner from Europe's shore or the ignorant African 
 Has the right to sit in Congress' halls and legislation plan I 
 Turning the treaty records o'er, in the first that comes to view, 
 I see this gracious Government guaranteed these rights to you. 
 And why you're treated as children, or ruled with an iron hand. 
 Nor allowed to be politically free, is more than I understand, 
 Unless it be " in Heaven you are to find your treasures dear," 
 And your pious Christian teachers are to take " their treasures " here. 
 
 But I do not blame the Christians, if Christians true they be, 
 
 And it's not their Bible teachings that bring such grief to thee ; 
 
 It is not the faith that men believe, it is the deeds they do. 
 
 That sometimes hurt their fellowmen and probe their conscience, too. 
 
 If " we are all chihlren of one God," are we not equal here ? 
 
 Are not the Indian's liberties and rights, to Him as dear? 
 
 If we an earnest effort make, our rights here to obtain, 
 
 Then, perhaps with His assistance, that privilege we shall gain. 
 
I believe the American people are just and kind and true, 
 They would fight for our protection, if our grievance they but knevv'. 
 True, some with selfish motives would keep us still suppressed. 
 But the great controlling public would strive to do what is best. 
 And none has their attention called to our sad, humiliated state. 
 Or quickly would they all demand that Congress reparation make. 
 So the fault with us has partly been, because we don't complain, 
 But allow ourselves thus to be robl)ed for selfish plotters' gain ! 
 
 Why should we be a separate people, the target of everj^ man ? 
 We, who owned this country once, should be right in the van. 
 No one would objections raise and surely Congress can 
 Declare all Indians vested with the rights of every man. 
 And grant us prompt permission to prove oar every claim. 
 And pay us the obligations the Government has made in vain ; 
 Then to our oppressors will we prove, who deny our right to live, 
 That Indians will make good citizens, if to them a chance you give. 
 
 C^^c^n^^L^iyiA ^ P^rz^C^^^i^^ 
 
 Representing tlie Delaware Ifidians. 
 
bt) 
 
 14,T^ 
 
\ 
 
o " o , 
 
 V 
 
 ., . O, " * J, « o ' ,0 
 
 
 
 
 
 
 
 ,^ 
 
 
 N o ^ <« n^ 
 
 0^ ■ 
 
 0° ,.•••- °: 
 
 
 0' 
 
 
 
io' 
 
 
 Q- 
 
 ill.' i*'^'' 
 
 
 ^^.. 
 
 'is o 
 
 .0 
 
 
 ' . . « ' .0^ 
 
 '^^^^^ 
 
 ^°"n^. 
 
 
 .4.^ 
 
 •-OV'' 
 ^°-^^ 
 
 
 
 ► - ,. o » O - 
 
 / ^v 
 
 i* > • ° 
 
 
 "'W^ ^^^\ 
 
 
 '3^ ^c 
 
 r^o^ 
 
 
 
 '-.^'.'^^ 
 
 <^^ .h^ 
 
 HO, 
 
 r^. 
 
 
 .^ 
 
 
 ,0- 
 
 
 
 v^i 
 
 ^^--^ 
 
 ^°--^, 
 
 
 > 
 
 
 
 fe^ 
 
 
 
 
 
 .3'^"-^ 
 ^"^^'J^ ^ 
 / .-'- 
 
 » Vj * 
 
 0" 
 
 ;'■ 
 
 
 
 .o^\..^/^ 
 
 •> ^ 
 
 .0 
 
 -^ 
 
 % 
 
 DOBBS BROS. 
 
 IIDRARY BINDINS 
 
 
 •^o 
 
 ,-N 
 
 0^ 
 
 ■i- 
 
 , -!/ 
 
 ST. AUGUSTINE 
 j^^. FLA. 
 
 ^a^,\