.^^ (^ ^ <^, •,n-y. ■^ .-S' ^/^ S .v^. •<"^ ^^^ t.. ^%m>"\^ K^^ ■'a** M/ .-?v -^^ '''1: %/ ■ :i& '%s^^" "•» : "^.^^ ^, ^..^ / V»v^ %^»^\/ \"^!^..-^ ^M^^/ :^!^%/ :mkS./ :'^ ,v ^'^"^ .^^ ^^ <^^ •^ ° ^^ ,-J^ 'Jy' G vO~ \> V V ■A "^ ' . . 5 ^ c^ ^oV" ^ V \^ i^^. ^0• <;«' ,V^ "^ '^><^^\)^^' .^'^^ -:>^^r:r.f-;^« <^. A <". •oV ^ .^'k^ -^ ,^ - ^^ o"^ ^■W; ?>o^ ^^M!>o o5 o ■^^ ..<> .^" 0- .-^'^- .^J.;,k:^, ^^. V <", <^. .4 o^ \'- >, ^-- ^-^ •$ C^ ' ^ * s ., -? V a:^-^ ^j^^. ^ ^. • '%^'m^^ * aV o. •/^m% ■-> o. oV %y i% ■^ n o^ AC 58th Congress, [ SENATE. J Document '2d Session. \ 1 No. 58. MEMORIAL OF THE DELAWARE INDIANS. Mr. Quay presented the following- MEMORIAL OF THE DELAWARE INDIANS RESIDING IN THE CHEROKEE NATION, PRAYING RELIEF RELATIVE TO THEIR RIGHTS IN AND OWNERSHIP OF CERTAIN LANDS WITHIN THE BOUNDARIES OF SAID NATION. January 4, 1904. — Referred to the Committee on Indian Affairs and ordered to be printed. MEMORIAL. Your memorialists represent: 1. That in Senate Document No. 16. Fifty-eighth Cong-ress, tirst ses- ,sion, there was given a historv of their grievances, extending from the time of the Delaware-Cherokee agreement of April 8, 1867, down to about the 11th of November, 1903. 2. That on Novembor 16, 1903, Hon. Tams Bixbv, chairman of the Dawes (\)mmission, in reply to a letter dated November 14, 1903, inquir- ing as to whether or not the applications tiled by Cherokee citizens on lands included in the Delaware segregation would give them any pre- ferred rights over the Delaware occupants, in case the suit now pend- ing should be decided against the Delawares, wrote a letter saying that the Commission declined to express in advance an opinion on any ques- tion, but called attention to a case decided in the Creek Nation, which might appl}". (Copy of this letter of Hon. Tams Bixby is attached hereto and marked "Exhibit 1.") 3. During November 18, 1903, a number of Delaware Indians received notices from the Daw es Commission in regard to their enroll- ment as Delaware citizens of the Cherokee Nation. One such letter was sent to Stephen A. Miller on November 18, 1903, a copy of which is hereto attached and marked "Exhil>it 2." 1. That on November 21, 1903, a letter was written acknowleding receipt of the Commissions' communication of November 16, 1903. (Copy of said letter is attached hereto and marked '" Exhibit 3.'') 5. That on jNovember 21, 1903, a letter was addressed to the Com- mission to the Five Civilized Tribes by the attorney in fact of the Delawai'e Indians, copy of which is attached hereto and marked '• Exhibit 1." 6. On November 21, 1903, Hon. Tams Bixbv addressed a letter to the attorney in fact for the DelaAvares, in relation to a copj" of the Delaware register. (Copy of this letter is hereto attached and marked "'Exhibit 5.") 7. On Noveaiber 25, 1903, Hon. F. L. Campbell, Assistant Attor- ney-General, addressed a letter to the Secretary of the Interior, giving an opinion as to the segregation of the Delaware lands. (Copy of said letter is hereto attached and marked " Exhibit 6.'') 2 MEMORIAL OV THE DELAWARE INDIANS. T)-2.'D 2L I 8. On Xovciiiber 27, 1903, Hon. Tarns Bixbv addressed a telegram and letter to the said attorney in fact, notifyino- him that on Decem- ber 1(», lt»o;>, at t> a. m., the Dawes Commission would consider mat- ters pertaining to the Delaware segreoation. (Copy of letter is hereto attached and marked ''Exhibit 7.") 9. On the same day Hon. C. il. lireckinridge, commissioner in charge of the Cherokee land ottice. wrote to said attorney in fact, rel- ative to ]Mrs. Bartles and other Delawares. (Copy of said letter is hereto attached and marked ''P^xhibit 8/') 10. On November 2S, 1903, the Secretary of tlie Intei'ior addressed a letter to the Conmiission to the Five Civilized Tril)es. transmitting the Assistant Attorney-CTcnerars opinion of November -2o. 1903, and also instructing the Commission further in regard to the Delaware segregation. (Cop}' of said letter is hereto attached and marked '•Exhibit 9.'') 11. On December 1 and 2, 1903. the suit of the Delawares against the Cherokees w^as argued in the Sui)reme Court of the United States. 12. On December 1, 1903. Hon. C. R. Breckinridge, commissioner in charge Cherokee land ollict, addressed a letter to the attorney in fact for the Delaware Indians, transmitting instructions issued to his division, directing certain prelimiuEiry work looking to the Delaware segregation to be done. (Copy of said instructions and letter are hereto attached and marked '' Exhibit 10.'') 13. On December 2, 1903, Hon. Tarns Bixl)y addressed a letter to the attorney in fact for the Delaware Indians relating to the Delaware register. (Said letter is hereto attached and marked "Exhibit 11.") U. On Dec(nuber 3, liH>3, Mv. Walter S. Logan addressed a letter to Hon. Tams Bixby relative to the Delaware si^gregation. (Copy of this letter is attached hereto and marked "Exhibit 12."') 15. On Deceud)er 7. 19* »3, said attorney in fact addressed a letter to the Hon. C. R. Breckinridge, transmitting a list of improvements purchased b}" him as representative of the Delaware Indians. (Copy of this letter is hereto attached and marked "Exhibit 13.") 1(3. On December 8, 1903. Hon. Tams Bixby addressed a letter to said attorney in fact, transmitting a list of certain affidavits. (Copy of this letter and said affidavits is hereto attached and marked '" Exhibit 14.'') 17. On December 12, 1903, the Dawes Commission transmitted to the attorne}- in fact of the Delaware Indians certain resolutions relat- ing to the segregation of the Delaware lands. Said resolutions are as follows: IMfscooKE, Ixi). T., December 10, 1903. /'esolrcd, Tluit the Delaware segregation sliall consist: First. ( )f lands shown l)y the records of the Connnission to be selected and occn])ie(l by hving rejiistered Delawares, in accordance with the treaty of Ai)ril 8, 1867, to the extent of IfiO acres ])er capita of said livinsi reijjistered Delawares, said 160 acres to contain, as far as may he, the princjiial improvements of said living registered Delawares; Second. Of lands shown to have been selected by a deceased registered Delaware under said treaty of April 8, 1867, to the extent of 160 acres [)er capita of land so selected and occupied, and which is found now to be in the possession of a descend- ant of such decreased registered Delaware, said land to contain, as far as may be, the jH-incipal improvements of said deceased registered Delaware; Third. Of ])nblic land, in addition to the foregoing, sufficient to make up a total of 157,600 acres for this segregation. The commissioner in charge of the ('herokee land otiice is directed to prepare a list of the foregoing lands as soon as possible, and to rei)ort to the Commission. MEMORIAL OF THE DELAWARE INDIANS. 6 (Copy of letter transmitting above resolution is hereto attached and marked '^ Exhibit 15.") 18. On December 15, 1903, Hon. C. R. Breckinridge addressed a letter to Richard C. Adams, asking- that he select a tract of land to the extent of 160 acres. (Copy of this letter is hereto attached and marked "Exhibit 16.") 19. On December 18, 1903, Walter S. Logan addressed a letter to Hon. C. R. Breckinridge in regard to the resolutions of December 10, 1903. (Copy of this letter is hereto attached and marked ' ' Exhibit 17. "") 20. Letters similar to the one addressed to Richard C. Adams by C. R. Breckinridge on December 15, 1903, were sent to numerous Delawares, a number of which were forwarded by said Delawares to their attorney in fact at Washington, D. C. 21. On December 19, 19»)3, the attorne}' in fact of the Delaware Indians, in company with Hon. James K. Jones, went to the Indian Territory, and on December 21 met Hon. C. R. Breckinridge at Tahle- quah, Ind. T., and inquired into the purpose of the Commission in following the rules prescribed in the resolutions of December 10, 1903, for segregating the lands of the Delaware Indians. 22. On December 22, 1903, a hearing was had at Muscogee, Ind. T., before the Commission, there being present Hon. Tams Bixby, chair- man, and Messrs. T. B. Needles and C. R. Breckinridge, commision- ers. The argument at this hearing was taken down in shorthand by the stenographers of the Dawes Commission. (Copy of said argu- ment is hereto attached and marked " Exhibit IS.'') 23. On December 22, 1903, the Commission addressed a letter to the attorney in fact of the Delaware Indians, inclosing the following- resolution: Resolved, That after hearing argument in regard to making the Delaware segrega- tion, the Commission concludes not to change the instructions heretofore given in regard thereto. The lands of the public domain placed in said segregation shall be as far as possil)le such as will not serve as a means of excess land holding l)y indi- viduals for their personal profit. 24. On December 23, 1903, Hon. James K. Jones addressed two letters to the Dawes Commission, asking for a specific statement as to the meaning of said resolution of the Commission. (Copies of these letters are hereto attached and marked "'Exhibit 19.") 25. On December 26, 1903, the Delaware Indians in council assembled at Dewey, Ind. T., adopted the following resolutions: The Delaware Indians, in council assembled, this 26th day of December, 190:3, respectfully reiaresent to the Dawes Commission that Leo E. Bennett, United States Indian agent, in his report to the Interior Department in 1890, exhibits a petition representing 645 Delaware Indians, stating that the reasons they desire their invested funds paid per capita to them (funds amounting to nearly §1,00*0,000) were as follows: "We are only influenced in so doing by our earnest desire to invest and otherwise utilize this money to improve farms for ourselves and children before our best lands are all inclosed, and to iJurchase farming tools and horses and cattle for the subsist- ence of ourselves and those dependent upon us." "^- On March 18, 1890, the Principal Chief of the Cherokee Nation, J. B. Mayes, and the Cherokee delegates, John L. Adair and D. W. Busheyhead, petitioned the Com- mittee on Indian Affairs that the moneys due the Delawares be appropriated and paid to them per capita. They stated that "as the legal representatives of the Cherokee Nation we have been ofticially authorized and instructed by an act of our legislature to assist our Delaware brethren in their efforts to obtain a full and com- ])lete settlement with the Government. * * * We offer below some of the reasons in support of these views. * * * The rapid imisrovement of our country makes it plainly apparent that all choice bodies of land will soon be occupied, and those of 4 MEMORIAL OF THE DELAWARE INDIANS. our citizens are fortunate who will have the means to locate and improve those lands before they are taken up." Comjilying with the i-equest of the Cherokee Nation and the Delaware Indians, the Governuient (if the Tnited States did pay to the Delaware Indians all the funds they had, amounting to near $1,000,000, and it was used by us in carrying out this pur- pose of selecting and improving lands, wliich lands were selected and improved by us for ourselves and our children; and that most of said lands so selected and improved are still held l)y our people as their homes. That we have recently learned, to our amazement and great distress, that your Com- mission has determined not to include these lands in the Delaware segregation, although we wereadviseation. much of which land was after- wards claimed l)y many of the "\-ery Cherokee who sold the same for valuable considerations. (Copy of this letter with inclosures is hereto attached and marked "Exhibit 20.") MEMORIAL OF THE DELAWARE INDIANS. 28. On December 26, 1908, Hon. C. R. Breckinridge addressed two letters to Hon. J. K. Jones, defining clearly the intentions of the Commission. (Copies of said letter are hereto attached and marked •'Exhibits 21 and 22."^) 29. The expressed determination of the Dawes Commission to administer aflairs in the Cherokee Nation in disregard of the rights and interests of the Delawares, as guaranteed to them l\v the United States, and stipulated in their agreement with the Cherol^ee Nation, and even against the wishes and advice of the Cherokee themselves, as stated b}" their attorney, is not easy to explain upon anv basis of laAvful and just intentions on the part of said Commission. As has alread}" been shown, the Delawares hold the most valuable lands in the Cherokee Nation for speculative purposes, being in the heart of tlie oil and gas belt. It is clearly in the interest of the num- erous land and trust companies that have sprung up like mushrooms in the night all o\cv the Indian Territory that the Delaware segrega- tion should be broken up in order that these valuable lands may become subject to contest and cast into the vortex of litigation, in which their opportunities of success are greatest, by reason of their superior knowledge and facilities. It is a matter of notoriety that members of the Dawes Commission are promoters of and interested in manj^ of these trust companies, in many cases being activelj' engaged in their management. It is especially alleged that members of said Commission are incor- porators, stockholders, and officers of the P]ufaula Trust Company, of Eufaula. Ind. T. ; the International Bank and Trust Company, of Vinita, Ind. T. ; the Tishomingo Loan and Trust Company, of Tisho- mingo, Ind. T. ; the Canadian Valley Trust Company, of Muscogee, Ind. T. : the Muscogee Title and Trust Company, of Muscogee, Ind. T. All of said companies are incorporated for the purpose generally of buying, selling, leasing, and subleasing and exchanging real estate in the Indian Territory, and dealing and acting as brokers and agents in oil and other leases, a})stracting titles, and acting as administrators, guardians, etc., all of which duties relate to matters concerning which said officers ma}', and generally do, have to deal in their official capaci- ties as officers of the Government, and in which their interests as such public officers are necessarily in direct opposition to their private and personal interests as members and officers of said companies. It is further publicly charged that said officers are indirectly interested in numerous other commercial enterprises in said Territory inconsistent with their public duties. Attached hereto are exhibits 23, 21, 25, 26, 27, 28, 29, being copies of articles of incorporation of the International Bank and Trust Com- pany of Vinita, the Tishomingo Loan and Trust Company of Tisho- mingo, the Canadian Valley Trust Company of Muscogee, the ]\Iascogee Title and Trust Company of Muscogee, the Eufaula Trust Company of Eufaula, the Tribal Development Company of Tisho- mingo, and the Bradley Realty Trust Company of Muscogee, all of the Indian Territory: and as to the first five of which it will be seen that members of the Dawes Commission are either incorporators, offi- cers, or stockholders, and as to the last two of which it is publicly charged that they are directly or indirectly interested therein. It will also be seen that these various companies almost completely cover the most important speculative fields in the Indian Territory. There 6 MEMORIAL OF THE DELAWARE INDIANS. is also attiichoci hereto, for the information of the Senate, a schedule marked ''Exhibit 80," being a partial list of land and trust companies organized in the Indian Territory, and as complete a list as your memorialists are able to furnish at this time. When in the Indian Territory a few days ago, the representative of 3'our memorialists was informed that agents of land and trust com- panies had large numl)ers of persons in readiness to take possession of Delaware lands and improvements as soon as the contemplated orders of the Dawes Connnission should l)e promulgated, and for this purpose powers of attorney to make such locations were also being taken from persons incarcerated in jails and penitentiaries in order that no scheme might fail to secure locations upon and selections of these valuable lands and homes of the Delawares, 30. That a general review of the histor}' of the Delaware Indians, relating to the purchase of homes in the Cherokee Nation, Indian Territory, is as follows: The Delawares made an agreement with the Cherokee on April 8, 1867, which was l)ased primarily upon the provisions of the fourth article of the Delaware treaty with the United States of July 4, 1866, and the fifteenth article of the Cherokee treaty with the Ignited States of Jul.y 19, 1866. In the Delaware treaty it was contemplated that through the oftices of the United States the Delawares would get a bodv of land in the aggregate ecjual to 160 acres for each Delaware, if they should so desire. In the Cherokee treaty it was also contem- plated that the Cherokee would sell to friendly Indians a body of land equal to 160 acres for each member of the tri])e of friendly Indians, if they should so decide, and for an additional consideration, citizenship, or (Mjual rights with Cherokee by blood. The Delawares, therefore, had authority to buy and the Cherokee authority to sell, and both treaties had to l)e taken into consideration, it recjuiring the authority of both treaties for the Delawares to buy of the Cherokee as nuich land in the agoregate as they (the Delawares) should desii'e to purchase, not exceeding under this clause the num- ber of Delawares removing into the Cherokee Nation multiplied Iw 160. This was done, and citizenship also was purchased. This land was bought with the funds of the Delaware tribe for the tribe. The future disposition of this land was necessarily subject to the provisions of the fourth article of the Delaware treaty of 1866»; that is, it was to be surveyed when the Delaware council should request it, when the council could allot it to each member of the tril)e residing in the new country in whole or in part. This contemplated that at some future time, when prol)ably all of the registeied Dela- wares might be dead, the lands pui'chased by the tri])e should l)e allot- ted by the council to the living mendxu's at that time who might all l)e descendants of registered Delawares. (This was the way they divided their invested funds.) It was so understood by the Cherokee, who guaranteed the aggr(^gate amount of land to each Delaware incorporated under the agreement. When the Delawares arrived in the Cherokee Nation they found that the Cherokee had adopted a constitution and a code of laws. In the constitution of the Cherokee Nation, article 1, section i\ is the following: The lauds of the Cherokee Nation shall remain common pro})erty, but the improve- ments made thereon, and in the possession of the citizens of the nation, are the MEMORIAL OF THE DELAWARE INDIANS. 7 exclusive and indefeasil^le property of the citizens, respectively, who made, or may rightfully be in possession of them: Provided, That the citizens of the Nation possessing exclusive and indefeasible right to their improvements, as expressed in this article, sliall possess no right or power to dispose of their improvements, in any manner whatever, to the United States, individual States, or to individual citizens thereof. In the laws of the Cherokee Nation, 18!;>2. article 14, section 241, is the following: Any person having peaceable possession of private property obtained through law- f al means, and claiming a limited or absolute right in the same, shall l^e held, in law, to have a prior right of possession thereto against all persons obtaining possession thereafter until the right of such person shall expire, or be by him transferred to another for good or valuable consideration. It was found that 985 Delawares desired to remove to the Indian Territory, and their names were placed upon the register by Agent Pratt, and the}' became thereafter designated and know^n as ' * Regis- tered Delawares." The Government then transferred from the Dela- ware trust fund to the Cherokee trust fund $157,000, in payment of 157,600 acres of land, which was the aggregate amount purchased, being 985 times 160. During the next year the Delaware Indians removed to the Cherokee Nation. From that time until the present it has never been questioned l)ut that the Delawares made an absolute purchase of this land and took all the title that the Cherokee had to give. Declarations to this ett'ect ha\'e been repeatedly made by officers of the Cherokee Nation in official communications, reports, etc., and it was so assumed in the trials of the cases of the Delawares, Shawnee, and Freedmen against the Cherokee Nation and the United States, which went to the United States Supreme Court. In fact no claim to the contrary was ever intimated or dreamed of until the allotment of the Cherokee lands in severalty was al)Out to ])e made when the claim was. for the lirst time, set up by the Cherokee that the Delawares took by said purchase only a life estate in the lands purchased as above described. As an instance of this, attention is called to a memorial presented to the Senate Committee on Indian AH'airs, under date of June 19, 1890, signed \>y the delegates of the Cherokee Nation then in Wash- ington, John L. Adair and D."W. Busheyhead (one of whom had been chief of the C-herokee Nation) in reference to certain legislation then pending ])efore Congress affecting the interests of the Cherokee Nation, in which, referring to the Delaware purchase herein referred to. said delegates Bwy: As has been seen, the Delawares purchased 157,600 aci'es of Cherokee lands lying east of the ninety-sixth degree. That was an absolute and unconditional purchase, and in which lands the Cherokee Nation has no title or interest. This official declaration of the extent and character of the Delaware purchase only expresses what was the understanding of all the parties to the agreement of 1867, and remained so up to the time of the setting- up of the contention herein referred to. Congress sul)sequently passed what is known as the Curtis Act, hx the twenty-fifth article of which it was provided as follows: Sec. 25. That before any allotment shall be made of lands in the Cherokee Nation, there sliall be segregated therefrom 1)y the commission heretofore mentioned, in sep- arate allotments or otherwise, the one hundred and lifty-seven thousand six hundred acres purchased Ijy the Delaware tribe of Indians from the Cherokee Nation under agreement of April eighth, eighteen hundred and sixty-seven, subject to the judicial determination of the rights of said descendunls and the Clierokee Nation under said 8 MEMORIAL OF THE DELAWARE INDIANS. iisjjreeitient. That the Delaware Indians residing in the Cherokee Nation are hereby authorized and empowered to bring 8uit in the Coin-t of Claims of the United States, within sixty days after tlie j)assage of this act, against the Cherokee Nation, for the puriiose of determining the rights of said Delaware Indians in and to the lands and fluids of said nation under their contraet and agreement with the Cherokee Nation ilated April eighth, eighteen hundred and sixty-seven; or the Cherokee Nation may l)ring a like suit against said Delaware Indians; and jurisdiction is conferred on said court to adjudicate and fully determine the same, with right of appeal to either party to the Su])reme Court of the Cnited States. Under the authority of this section a suit was commenced in tlie Court of Claims to determine the riglits of the Dehiwares under said purchase. Whik' this suit was still pendino- and undetermined. Con- gress passed what was known as the ChiM-okee allotnicMit act. ]>y the twenty-third section of which it was provided as follows: Sec 23. All Delaware Indians who are nieml)ers of the Cherokee Nation shall take lands and shan^ in the funds of the tribe, as their rights may be determined by the judgment of the Court of Claims, or ])y the Supreme Court if appealed, in the suit instituted thc'tein by tiie Delawares against the Cherokee Nation, and now pending; liut if said suit be not determined before said Commission is ready to begin the allot- ment of lands of the tribe as herein provided, the Commission shall cause to be segregated one hundred and fifty-seven thousand six hundred acres of land, including lands which have been selected and occu])ied by Delawares in conformity to the pro- visions of theii' agreement with the Cherokees dated .^pril eighth, eighteen hundred and sixty-seven, such lands so to remain, subject to disposition according to such judgment as may be rendered in said cause; and said Commission shall thereupon jiroceed to the allotment of the lemaining lands of the tribe as aforesaid. Said Com- mission shall, when final judgment is rendered, allot lands to such Delawares in con- formity to theterms of the judgment and their individual rights thereunder. Nothing in this Act shall in any nuuiner impair the rights of either party to said contract as the same may be finally determined l)y the court, or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April eighth, eighteen hundred and sixty-seven, until their rights under said contract are determined by the courts in their suit now pending against the Cherokees, and said suit shall be advanced on the dockets of said courts and determined at the earliest time practicable. The Dawes Commission, with the approval of the Secretary of the Interior, dated April 8. lOOl, informed the Delaware Indians that the seoivoation, under said acts of Congress, would })e complete upon the tiling of a list of lands selected and the marking of the same as withheld from selection and entry, which list and schedule of lands so selected for segregation was dulv tiled with said Commission in Decem- ber. 1902. On December IT. [\H)-J, the said Conunission, haAing accepted said schedule and marked the lands therein mentioned upon a map as with- held from selection and entry, passed a resolution as follows: Be it rexolird Jm tlic ( 'niiniiiyi^ini/. That the acting chairman cause to l)e set aside and segregated 157,6(30 acres of land in the Cherokee Nation, in accordance with the pro- visions of section 2.S of the act of Congress approved July 1, 1902 (I'ulilic, No. 241), subject to disjiosition according to such juttgment as may be rendered in the case of the Delaware Indians v. Cherokee Nation, now pending in the United States Court of Claims, and as shown by the description of said lands in the stipulation of counsel for parties in said case, dated Washington, D. ('., Decend:)er 10, UH)2. Said Dawes Conunission, after making said segregation as aforesaid, proceeded to the allotment of lands in the Cherokee Nation, as in said acts of Congress provided, and issued many thousand allotment certifi- cates at great expense to the Ciovei'nment, and as to which many vested interests hav(^ beconu^ attached. In the annua! i-eport of the Conunission to the Five Ci\ilized Tribes, diited September lio, iOOo. the Conunission take great pains to show MEMORIAL OF THE DELAWARE INDIANS. 9 that the seg-regation made for the Delaware Indian.s on December IT, iH, wa!S erroneous and shoidd not stand. The Commission seems to base this conchision upon the fact that many Cherokee claim part of the lands included in the segregation and have tiled affidavits with the Commission to that effect. These affidavits are o()2 in numlier, most of which are false in Y)art or in whole. Jn some instances the Cherokee had a shadow of a claim to a small tract, for the reason that his improve- ments extended over a part of an area, of which a Delaware held the other part, but these cases are very rare. Many of the claimants have sold their improvements and received valuable consideration therefor, and many have no claim whatever, while more than thirty of the claimants are Delaware Indians tiling upon their own land, which is included in the segregation, in order to protect the same from the Cherokee. Fifteen are cUiplicate tilings W Cherokee, while fifteen others are for lands not in tlu^ segregation. If the Commission would make an impartial and fair investigation, they would find that \ery few errors w^ere made and that coniparatiAely little land is included in the present segregation that should not be included therein. To describe 157,600 acres of land in small tracts is a difficult thing to do, and no doubt some errors were made. In such cases, ho^vever, the Delaware holds a like amount of land, which was left out by mistake. These corrections the Delawares themselves would like to have made. It is unfair to them to have the Commis- sion make a report stating- that the segregation was made without due consideration for either Delawares or Cherokee, when the Commis- sion and the Department have been requested for the past five years to make a segregation, and they have not only refused to do so, but have refused any aid to the Delawares in describing their lands. It is passing strange that we should be so severel}^ criticised for a few errors committed in making up this schedule with our inadequate means, while the Dawes Connnission. with all its means and facilities, have made greater errors, e\en in their criticism of us. In their annual report for the year ending June 30, 1903, the Commission exhibit four sample certiticates to illustrate their method, and the pre- sumption would be that these would represent the highest order of this class of work, yet an examination will show that two of these four exhibits are erroneously made out, the description ])eing at variance with the plat in each case. The Secretary refused to give township plats to the Delawares and such plats had to be purchased by the representative of the Dela- wares (see S. Doc. No. IG. 58th Cong,. 1st sess.). Had the Commis- sion sent a surveyor with the business committee of the Delawares to describe the lands, so as to include their improvements, less error would have been made and less time lost. If any errors have been made in the description of the lands it is not the fault of the Dela- wares. They had no expert surveyors and little means of ascertaining the exact description of their lands. It is believed that more than 10,0()() allotments have been made, and the Commission state that, generally speaking, the better lands are being taken up first. Evidently it was the intention of Congress that l)efore this was done the lands of the Delawares should have been segregated, and the segregation was made. The Delawares were for- tunate in their selections, and the secret of the whole trouble is 10 mp:morial of the Delaware Indians. explained in the re^jort of the Dawes Coniniission for the year ending- June 3U, 1I)(I3, under the head of •'Allotment contests," wherein they say : The tendency to contest in the Choctaw"" and Chickasaw nations is enhanced by the extent of vahial)le mineral deposits, while in the Cherokee Nation the lower percentage of tillable land, as well as the smaller per capita allotment and the dis- covery of gas, oil, and other minerals, tend to increase the number of contests. It is estimated that there will be in the neighborhood of ri,000 allotment contests in the Cherokee Nation alone. The oil and gas discoveries desci-ibed herein are in the DelaAvare country, and many persons are now claiming these lands who have never lived within miles of them heretofore. After their removal and settlement in the Cherokee Nation in 1868, and the payment for their lands and rights therein, the Delawares still possessed a large fund in the hands of the Government, amount- ing to about §1,000,000, upon which they were receiving interest at the rate of 5 per cent, per annum, yielding them a permanent and regular income. The}' were urged by the Cherokee and others to request that this fund be paid to them per capita, and many rea- sons were urged upon them to induce them to take steps to have this fund disbursed, and finally yielding to this pressure, they requested Congress to enact the necessary legislation. It was urged by the Cherokee that the money could be profitably spcMit in improving their farms. On ^Slarch 18. 181)0. the Cherokee delegation, then in Washington, Messrs. Adair and Bushyhead, together with the principal chief of the nation, J. B. Maves, presented to the Committees on Indian Affairs of Congress a memorial urging legislation for the disbursement of this fund to the Delawares, in which, among other things, as reasons why this action should l)e taken, they say: Favorable opjiortunities for investment are even" where jiresent. The raj^jid improvement of our country makes it jilainly apparent that all choice bodies of land will soon be occupied, and those of our citizens are fortunate who have the means to locate and improve these lands before they are all taken up, etc. A perusal of this memorial will show the ingenious arguments resorted to by the Cherokee delegation to secure the passage of this legislation and the expenditure of this large amount of money in the Cherokee Nation. Yielding to this ])ersuasion. Congress on March o. 181U, appropri- ated one-half of the money and provided for its payment under the direction of the Secretary of the Interior. Before making the pay- ment, however, Mr. Leo E. Bennett, at that time agent for the Five Civilized Trit)es. made a thorough investigation as to the condition of the Delawares and the purposes to which the money was to be applied. sul)mitting a list of questions to each Delaware and receiving his answers thereto, it appearing to be the purpose of the Department that this fund should ])e expended by the Delaw^ares only in the improvement of their farms and homes. After making this investiga- tion 2vlr. Beimett made a report, in which he says: Besides the (juestions here printed, the (luestion " To what use do you jjropose applying your principal funds if paid to you," Avas asked each head of family. The answers were, almost without exception, "Improve my place." * * * Their houses are for the most part well built and substantial, and their fences, outh(juses, and other imjirovements are well taken care of. No one who has visited the Dela- ware settlement could fail to note the fact that the}' are among the most thrifty and intelliiient Indians in the entire Indian countrv. MEMORIAL OF THE DELAWARE INDIANS. 11 Although this showing seems to have been all that could have been expected or desired on the part of the Delawares, the Government seems to have decided that only one-half of the fund should be paid to the Delawares at that time, the other half being reserved until it could be seen that the first half had been applied to the improvement as con- templated, and the second half was not paid until 1893, when, appar- ently, the Department had l)ecome satished that all the first half had been strictly applied to the purpose of improvement as contemplated. Notwithstanding all these facts, it appears now, as stated to me by- members of the Dawes Commission and as shown in their resolution of December 10, 1903, and letters of December 26, 1903, that it is the purpose of said Commission, without waiting for the decision of the suit now pending in the Supreme Court of the United States, to antici- pate the same; to proceed as if the same had been decided adverseh^ to the Delawares; to segregate 1(10 acres for each of the Delawares registered in 1867 who are now living, who number only about 195, and the heirs of deceased registered Delawares who are in possession of tracts selected by said deceased registered Delawares, and disregard- ing all the improvements that the Delawares, in their economy and thrift have made and the homes that they have occupied during all the years since their settlement in the Cherokee Nation, to select for them, out of the refuse lands of the Cherokee Nation such as have not been claimed by any other person, enough land to make up the total of 15T,60(» acres and to hold the other lands so occupied and improved bj^ Delaware Indians subject to settlement by any Cherokee who may apply therefor. The injustice of this proposition is so manifest that it seems hardly necessary to call attention to it directlv. There would be only about 35,000 acres of land to be segregated for the registered Delawares liv- ing and the heirs of the deceased registered Delawares, since there are less than 200 living registered Delawares and less than twent}' tracts of improved land that were selected and improved by registered Dela- wares and noAv in possession of their heirs, for in the case of the descendants of deceased registered Delawares it has been the practice in the Cherokee Nation to sell the improvements, in order that the proceeds might be distril)uted among the heirs, so that there are com- paratively few of the homes of this class that are now in the possession of the descendants of deceased registered Delawares and which have been so continuously. There would, therefore, be more than 122,000 acres of land to be selected to make up the Delaware segregation, of the most inferior lands in the Cherokee Nation, located largely in the Hint hills, and at present appraised at 50 cents per acre, while the valuable lands occupied by the Delawares and under a high state of cultivation, in the injprovement of which not only have their lives been spent and their earnings invested, but also their share of the invested funds of the Delawares, paid to them in 1891 and 1893 as a])ove explained. All of this would, under the rule adopted by the Connnission, be con- fiscated and turned over to Cherokee without compensation, while the Delawares, w^hose time and money have been spent in creating these improvements, would be given raw and inferior land 100 miles from home amid hostile surroundings, and to-day only appraised at one-half the price they paid for land thirty-five years ago. If the Delawares are not to be permitted to have the benefit of the improvements which have been made with their private funds, which 12 MEMORIAL OF THE DELAWARE INDIANS. wove withdrawn from investment in 1891 and 18!K^>, as herein shown, and funds received from sale of the Cherokee Outlet, nearly all of which were invested in the improvement of these lands by direction of the officers of the Government, and by and with the advice of the Cherokee Nation, l)ut are to be turned over to Cherokee as contem plated in the resolution and corresj)ondcnce of the Dawes Conmiission hei'ein set out, then surely it is the duty of Congress to rc^turn to the Delawares the i>l,00O,(»O(> tlnis invested in such improxements; for it must be evident, even to the most prejudiced, that we would suffer hardship enough in the loss of our lands and homes without also being- deprived of the improvements made upon the land at the expense of so much time and money. In consideration of the foregoing your memorialists pray the Senate to take such inmiediate action in the premises, by resolution or other- wise, d(>claring its views as to the duties of said Commission under the law. as nuiy tend to restrain such arbitrary and uidawful action on the part of said Commission and presei've the rights and status of the Dela- wares until the final determination of the suit now pending in the Supreme Court of the rnited States. The Delaware Indians Residing IN TPiE Cherokee Nation, By Richard C. Adams, i -^ Attorney in ¥act. liulc.v t-u exhibiis. No. Letter from Dawes Commission to Richard C. Adams Letter from commissioner in charge Cherokee land office to Stephen A. Miller Letter from Richard C. Adams to Hon. Tams Bixby Letter fmia Richard C. .\dams to the Dawes Comniissidn , Letter fniiii chairman (if Dawes Ciimmission to Richard C. Adams , Report of Assistant .\tt(irney-General to the Secretary of the Interior , Letter from chairman of Dawes Commission to Richard C. Adams , Letter from commissioner in charge Cherokee land office to Richard C. Adams , Letter from Secrct.-iry ni the Interior to llir |i:i wcs ( '(iiiniiiss'on Letter from cdinini^^iniiii' in clnu-ge Clicrokcc l.-iiui dliicc lo Richard C. Adams, and iii>tnictiiiiis from Dawes < 'ojiniii^siiiii in ret^ard to segrega- tion of Delaware lands ' .' Letter from chairman of Dawes ("ommi'sion to Richard C. Adams Letter from Walter S. Logan to chairman of Dawes Commission Letter from Richard C. Adams to commissioner in charge Cherokee land office Letter from chairman of Dawes Commission to Richard C. Adams, and affidavits of Cherokees making application for lands included in Dela- ware segregation Letti'r from commissioner in charge Cherokee land office to Richsird C. Adams .do Letter from Walters. Logan to Hon. Clifton R. Breckenridge , Argument of Hon.. lames K.. Tones before Dawes Commi.ssion in the matter of the Delaware segregation Two letters from Hon. James K. Jones to commissioner in charge Cherokee land office Letter from Richard C. Adams to comrnis.sioner in charge Cherolcee land office, and deeds from various Cherokees to Richard C. Adams Letter from commi.ssioner in charge Cherokee land office to Hon. .lames K. Jones Letter from commissioner in charge Cherokee land office to lion. .James K. .lones Charter of International Bank and Trust Company of Vinita, Ind. T: Charter of Tishomingo Loan and Trust Company of Tishomingo, Ind. T ... Charter of Canadian Valley Trust Tompaiiv of Muskogee, Ind. T Charter of Muskogee Title and Tr\ist Coiuihuiv of Muskogee, Ind. T Charter of l':ufaul.i Trust Company of Kufaula. Tnd.T . .' Charter of Tribal Develo])uient Companv of TishomiiiLco. Ind. T Charter of Bradley Real Kstate (^(mipany of Muscogee. Ind. T List of incorporated stock and investment companies in the Indian Ter- ritory Date. Nov. 16,1903 Nov. IS, 1903 Nov. '21, 1903 Nov. 24,1903 do Nov. 2.5,1903 Nov. 27,1903 do Nov. 2S,1903 Dec. 1,1903 Dec. 2, 1903 Dec. 3, 1903 Dee. 7, 1903 Dec. 8, 1903 Dec. 12,1903 Dec. 15,1903 Dec. 18,1903 Dec. 22,1903 Dec. 23,1903 Dec. 26,1903 ....do ...do Page. MEMORIAL OF THE DELAWARE INDIANS. 13 Exhibit 1. Commission to the Five Civilized Tribes, Muscogee, Lid. 1\, Norember 16, 1903. Dear Sir: This acknowledges receipt of your letter of the 14th instant, in which you specially request the Commission to express an opinion as to whether or not the applications filed by the Cherokee citizens upon lands included in the Delaware seg- regation would give them any preferred rights over the Delaware occupants in case the suit now pending should be decided against the Delawares. In reply you are advised tliat it has always been the policy of the Commission to refuse to express in advance an opinion upon any question that it might be called upon in the future to pass upon officially, but in this connection your attention is invited to the opinion of the honora})le Connnissioner of Indian Affairs in the Creek contest case of John Thompson, father and next friend of Alice Thompson, contestant, V. Fred L. Dyer, father and next friend of Sarah Dyer, contestee, in which case the contestee had made application to file upon the lands upon which the contestant had improvements, and was entitled to the possession at the time of contestee' s applica- tion, and this fact appearing to the Commission thej' refused to accept and approve the application but held the same suspended. Under the rules of practice in Creek contests, based upon the Creek agreement, all contests must be instituted in ninety days from the date of the original application for the tract of land in controversy, and the contestee moved to dismiss because the contest was not initiated within the time required by said rule. In passing upon this motion the Commission useil the following language: " The Commission is of the opinion that the words ' original api^lication ' as used in said rule mean an application which has ]>een allowed by the Commission and by reason of which a certain tract of land has been tiled on or set apart to a certain individual as his selection for allotment, and that the ninety days does not begin to run until such tract has been set ajjart by the Commission on the plats on file in the land office to some person who is entitled to allotment. The tract in controversy has never been so set apart to any one and the motion to dismiss is therefore overruled." This language was quoted from the original decision of the Conmiission with approval, and the decision was affirmed by the Commissioner of Indian Affairs and no appeal taken therefrom. Respectfully, .. Tams Bixby, Mr. Richard C. Adams, Bond Building, Washington, D. C. / ^^f^""^'^ Chiwnnun. Exhibit 2. Commission to the Five Civilized Tribes, TahlequaJi, Ind. T., November 18, 1903. Dear Sir: You are hereby notified that before your application for the enrollment of yourself and the members of your family as Delaware citizens of the Cherokee Xation will be complete it will be necessary for you to furnish the Commission with further evidence as to your right to enrollment. It is important that this evidence should be furnished at once, and you are there- fore requested to appear before a special enrolling party of this Commission for this 23urpose on one of the dates and at one of the places named below: Bartlesville, November 23 to 25, inclusive; Dewey, November 26 to 28, inclusive; Nowata, November 30 to December 1, inclusive; Claremore, December 2 to 3, inclu- sive; Vinita, December 4 to 5, inclusive. Respectfully, C. R. Breckinridge, Commimoner in Cliarge Cherokee Land Office. Stephen A. Miller, Dehuvare, Lnd. T. Exhibit 3. November 21, 1903. Dear Mr. Bixby: I am in receipt of yours of the 16th. This letter very much clears up matters in my mind and I am sure will l)e appreciated by my people when I send them copies of it. 14 MEMORIAL OF THP: DELAWARE INDIANS. I wish you woiilil hasten to lue the ]>laek book called the certified copy of the Delaware reiiister. I need this very much. Yours, truly, Richard C. Adams. Hon. Tams Bixby, Muscogee, Lid. T. Exhibit 4. November 24, 1903. Gentlemen: I am in receipt of a letter containinnt you the two Delaware pay rolls and the certified coi)y ol the Delaware rcLfister, it left us entirely without any record or means by which to identify the Delawares. and we were forced to call on'the Indian Ofiice at Washing- ton for their certified coi)y of the Delaware census of 1867. This was received by us MEMORIAL OF THE DELAWARE INDIANS. 15 on Octolier 10, and is the only register or roll of any kind we have pertaining to the Delaware?, other than the rolls made by the Cherokee Nation. In case the book should be found at any time, I will certainly send to you, and if a copy of the one we have borrowed from the Indian Office will serve your purpose, and you will so inform us, we will have a copy of it made here and send to you. Respectfully, TA^[s BixBY. Chairman. Richard C. Adams, Bond Building, WasJrington, I). C. Exhibit 6. Department of the Interior, Office of the Assistant Attorney-General, Wa.' of the act approved July 1, 1902 (32 Stat. L., 716), and under date of November 14, 1903, the chairman of the Commission submitted a further report. The matter has been referred to this office by note of November 19, 1903, in which, after a reference to departmental letters of October 6 and 29, 1903, it is said: "Inasmuch as said depart- mental letters were prepared in your ofiice, said reports and inclosures are trans- mitted herewith, with a request that you give the Department your opinion and advice in the premises and the action which ought to be pursued." April 20, 1903, the Commission made a report of its action under said section 23 of the act of Jtily 1, 1902, supra, in which it was said that a schedule of lands selected by the Delawares had been accepted by the Commission as a proper list to be segre- gated. It was further stated, however, that the Conunission had been advised that there are "numerous other Delaware citizens whose improved lands are not included within the said segregation;" that a number of Cherokee citizens had made appli- cation for allotments of lands embraced in said schedule, claiming to have been in possession of such lands, and that no Delaware citizen ever occupied such lands or owned any improvements thereon; and that the lands embraced in said schedules "have not been selected with due regard for the interests of either the Delaware citizens generally or other citizens of the Cherokee Nation." While the Department had this report under consideration, suit was begun in behalf of the Delaware Indians to enjoin the Secretary of the Interior from in any manner interfering to change said list, and a temporary restraining order was issued. Upon final hearing of the case this temjiorary oixler was discharged and the injunc- tion denied. Thereupon the Department, October 6, 1903, issued instructions to the Commission to the Five Civilized Tribes, in which it was said: "It seems clear that tlie list or schedule of lands does not meet the requirement of the statute in that it does not include all the lands which have been selected and occupied by the Delawares, and in that it does not include lands v/hich no Delaware has selected and occupied, but to which other Cherokee citizens have claims based upoii alleged settlement and improvements thereon. You will therefore proceed at once to make such examination and investigation as will enable you to determine what tracts should be added to said list and what tracts now embraced therein should be excluded, care being taken to make the list cover the full quantity of land required to be segregated. You will as soon as possible report the results of such investigation, with suitable recommendations in the premises. In the meantime, and until the segregation shall have become effective, you will suspend all proceed- ings looking to the allotment of lands in the Cherokee Nation." October 29, 1903, further instructions were given as follows: "In order that the Department may have a better understanding of the condition of affairs, and to the end that speedy action may be taken when you shall submit a new list for action by the Department, these further instructions are given: You will at your earliest convenience make up a list of the tracts embraced in the former list which, as shown by the records of your office, are claimed and occupied by Dela- ware Indians, and to which there are no adverse claims. You will make another list, which shall embrace all tracts claimed by Delaware Indians but not included in the list heretofore presented to you. You will make a third list emlwacing the tracts included in the list heretofore presented to which some Cherokee citizens other than Delawares makes claim. You will transmit with each of these lists a 1() MEMORIAL OF THE DELAWARE INDIANS. Statement of tlie condition of the tracts embraced tlierein as to tlie occupancy thereof and improvements thereon, so far as the same are known to you, and will also rec(jm- mend what action should be taken by the Department upon each of such lists. "These instructions are not intended so supersede those of October H, and you will therefore ])roceed upon any line of examination and investigation wliich may have been entered upvemher27, 1903. Dear Sir: My telegram to you of this date, readingas follows, is hereby confirmed: "On Thursday, December 10, at 9 o'clock a. m., Commission will consider in ses- sion matters pertaining to Delaware segregation. Will be pleased to hear any argu- ments, oral or written, which you may desire to present at that time touching upon the method which should be adopted for making segregation." Yours, truly, Ta.ms Bixby, ('li(iini)an. Mr. K. C. Adams, Bond JJiu/dliig, WaxJiingtmi, D. C. Exhibit 8. Commission to the Five Civilized Tribes, Tahletiunh, lad. T., yoveinber 27, 1903. Dear Sir: The Connnission is in receij)t of your letter of the 24th instant, relating to a letter sent by this office to Mrs. N. M. Rartles, notifying her to appear before an enrollment party and give additional evidence concerning lier riglit to enrollment as a citizen of the Cherokee Nation. MEMORIAL OF THE DELAWARE INDIANS. l7 You also request to be kept advised as to the movements of the Commission in regard to the Delaware Indians and the Delaware lands. Concerning the letter to Mrs. Bartles, it was one of a similar character sent to a number of persons listed as Delawares. These were instances in which it was found upon I'eview that the evidence in the cases was not complete, or that certain points had not been clearly brought out. In Mrs. Bartles' s case, the original taking of the case, as recorded, left an inference that she was not a registered Delaware; but her status in that particular was not distinctly and definitely set forth. Such amend- ments and details have to be attended to before the cases are ready for presentation to the Commission for final decision. As you doubtless know, the so-called Dela- ware citizenship cases have not been passed upon yet by the Commission or forwarded to the Secretary of the Interior for his approval, not having been carried beyond the point of being listed under that class for consideration and determination by the full Commission. In regard to your wish to be kept advised as to the movements of the Commission in regard to the Delaware Indians, it is not customary, nor deemed necessary, either for you as counsel or for the Commission, to call attention to the execution of such preparatory details as are receiving consideration, but the Commission will advise you fully and in due time, when it comes to taking action upon the material in hand, and it is the earnest desire of the Commission that you shall have and shall exercise every reasonable and necessary facility in jDrotecting your rights and the rights of your clients, and in assisting as far as possible in reaching a final satisfactory solution of this somewhat complicated matter. Respectfully, C. R. Breckinridge, Commissioner in Charge Cherokee Land Office. Richard C. Adams, Bond Building, WasJilngton, D. C. Exhibit 9. November 28, 1903. Gentlemen: There is inclosed herewith copy of a communication from the Assist- ant Attorney-General, dated November 25, 1903, approved by me same day, con- cerning your report dated November 11, 1903, submitting a schedule of lands selected by the Delaware Indians in the Cherokee Nation, to be segregated under the provi- sions of section 23 of the act approved July 1, 1902 (32 Stat. L., 716), and referring to the report of the chairman of the Commission, dated November 14, 1902, concerning the same matter. Reference is made by the Assistant Attorney-General to departmental instructions of October 6, 1903, wherein you were directed to " proceed at once to make such examination and investigation as will enable you to determine what tracts should be added to said list and what tracts now embraced therein should be excluded, care being taken to make the list cover the full quantity of land required to be segregated. ' ' The instructions contained in departmental letter of October 29, 1903, directing you to transmit three lists, are quoted by the Assistant Attorney General, and it is expressly stated that said instructions were not intended to supersede those of Octo- ber 6, from which the above quotation is made. No special directions were given you in either of said letters as to the manner or method in which you should make the investigation desired. It is believed by the Department that your Commission, with its trained and experienced employees, can secure the information and make the reports called for by said departmental instructions of October 6 and 29 without serious difiiculty or great delay. It will be necessary that the list of the lands to be segregated shall contain all the "lands which have been selected and occupied by Delawares in con- formity to the provisions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty-seven," and if the amount of such lands should not equal the 157,(i00 acres required by law to be segregated,- then there should be included in said list other lands not occupied or claimed adversely by Cherokee not Delaware. It seems to be imperative that the list of Delaware lands submitted by you for segre- gation should contain all the lands duly "selected and occupied" by the Delawares. It certainly will not be difficult to secure satisfactory reports of the condition of those tracts of land not included in the previous list which are claimed by Delawares, nor does the Department believe that it will be necessary for your Commission to have S. Doe. 58 2 18 MEMORIAL OB' THE DELAWARE INDIANS. lornuil lu'arhijrs to determine the riyhts of adverse elainiantsf U) tracts selected and occupied I)y the Delawares. Whether a tract of hind is "occupied" or not can be a8certaint^d by at-tual inspection, and if occupied the essential facts relative to such occupancy, sufiicient for the purjiose to be attained, can probably be discovered by intelligent inquiry. In this connection it should be borne in mind that, for obvious reasons, expedition in the matter is of great importance. It will be sutHcient if you secure satisfactory i-eports from your trusted employees, which will enable you to present a list of 157, (>00 acres containing all the lands selectt-d and occujjied by Dela- wares, jirovided the same do not exceed the amountof 1")7,arties." I had a talk with Mr. William T. Hutchings, in Washington yesterday, on this matter, and his views and mine seem to be in entire accord in the matter. The Delawares insist upon the segregation to them of the lands which they have already selected, and, if further selections are to be made, of the lands which they may hereafter select. I am of the opinion that the function and power of your Commission is confined simply to the determination of what lands the Delawares have selected, and whether they are under the terms of this agreement open to selection by the Delawares. Whenever any issue that may be raised in this matter is to come up for trial before your Commission, the Delawares will be properly represented either by my office or otherwise upon receiving adequate notice. The provision limiting the right of the Delawares to select lands "not already selected and in the possession of other parties" is of course inserted simply for the protection of parties who had already made their selections at that time, and such par- ties alone are entitled to raise the objection. If the Delawares have bought the rights of Cherokee already in possession or induced for any consideration the Chero- kee to give up his selections, then the lands became obviously open for selection to the Delawares. The only lands which the Delawares could not select were those which were "already selected and in possession of other parties" who are in position to insist upon their rights and do so insist upon their rights. When they have sold out to the Delawares they can not of course set up their prior locations against the Delaware selections. Yours, very truly, Walter S. Logan. Hon. Tams Bixby, Chairman Commission, Muscogee, Ind. T. Exhibit 13. December 7, 1903. Dear Sir: I am in receipt of your letter of December 1, with inclosure, and thank you for the information. In the list that was handed to Mr. Chase I notice that several parties claiming lands within the Delaware segregation are represented by Thomas W. Triplett. I do not know who any of these parties are, but I see that some of them are claiming lands which contain improvements I have bought and which I have put into the Delaware segregation. Parties from the Indian Territory whom I have seen in this city tell me that Thomas Triplett succeeded in having some fictitious names enrolled, and also succeeded in filing these names before the land office. If this is true, pos- sibly some of the parties who are claiming Delaware segregated lands may be only fictitious names used by Trii)lett for that purpose. For the information of the Commission, and for future reference, I hand you herewith a memorandum showing lands that I have purchased from certain Chero- kees who formerly owned improvements thereon. These improvements belong to me. The land is put into the Delaware segregation and belongs to the Delaware Indians, subject to future determination of the Delaware council and the decision of the Supreme Court in the case now pending. The Delaware Indians contracted to pay me in land for services rendered in defending their interests. This they would prefer to do, but if for any reason they can not, then this land belongs to them and I will have to look to them to give me compensation for my services through other means. In any event, the lands descriVjed in the memorandum herewith inclosed do not belong to Cherokee citizens, said citizens having parted with their right to select the same by receiving cash consideration from me for whatever rights they had in and to the lancls and improvements. I can send you at any time you wish copies of the original deeds or bills of sale, or the originals themselves, if need be. In addition to the lands in the inclosed list 1 have some other lands of which at this writing I have not prepared a memorandum. I also send you, under separate cover, for your information, copy of Senate Docu- ment No. 16, which may be useful to you for reference hereafter. MEMORIAL OF THE DELAWARE INDIANS, 21 If there is any way in which I can assist you or the Commission in regard to the segregation of the Delaware lands I will be glad to render such aid as is in my power. Yours, truly, Richard C. Adams. Hon. Cliptox R. Breckinridge, Commissioner in Charge Cherokee Land Office, Tahlequah, Ind. T. On June 18, 1897, I bought from William P. Ross and Edward G. Ross three- fourths interest in the SW. I and NW. j of section 29, township 16, range 20, paying the sum of $160. At a later date I bought the remaining interest of the Ross brothers, paying the sum of $125. On the 28d day of January, 1897, I bought from Walter Scott 38 acres in section 6, township 15, range 20, for which I paid the sum of )?300. On the 27th day of November, 1896, I paid Walter Scott $50 for about 25 acres of land on the north side of Fort Gibson and Tahlequah road, to straighten uji our lines in section 1, township 15, range 20. On the 2d day of November, 1896, I paid James S. Fuller and Rosie L. Fuller $400 for al)out 40 acres of land in sections 1 and 12, township 15, range 19. On the 19th day of November, 1896, I paid William P. Ross and INIaud Ross $150 for 18 acres of land on the north side of Fort Gibson road that runs by the national cemetery, the same being in section 1, township 15, range 19. On the 23d day of January, 1897, 1 paid H. C. Meigs $500 for a tract of land then known as the Meigs pasture, consisting of about 500 or more acres, being in sections 30 and 31, township 16, range 20. On the 8th day of December, 1896, I paid to J. S. and R. L. Fuller $200 for 15 or more acres of land bounded as follows: On the east side by the tract lately belonging to William Ross and now belonging to R. C. Adams; on the south side by the Tah- lequah and Fort Gibson road; on the west by a straight line running parallel with the section line; and on the north by the Corrall branch; all being in section 1, town- ship 15, range 19. On the 9th day of December, 1896, I paid Alfred Smith $25 for about 2i acres of land in section J, township 15, range 19, to straighten up my line. On July 10, 1897, I paid William Hendricks and wife, for 200 acres or more of land located in section 6, township 15, range 20, and section 31, township 16, range -20, $500. On the 3d day of December, 1896, I paid Walter Scott $40 for 24 acres in section 1, township 15, range 19. On the 24th day of July, 1897, I paid William P. Ross and M. W. Eoss and E. G. Ross $1,000 for 50 acres of land in section 6, township 15, range 20, and section 31, township 16, range 20; also 80 acres in section 29, township 16, range 20. On December 24, 1896, I paid E. C. Willey $10, and also cleared up and put in good order a road, for tlie right to change up my lines on the north, in section 1, township 15, range 19, and section 6, township 15, range 20. On November 30, 1896, I paid J. Thompson and E. C. Thompson $250 for 40 acres of land in section 1, township 15, range 19. On the 10th day of July, 1897, I paid William Hendricks and Eliza Hendricks $500 for 200 acres, more or less, formerly known as the Ross place, and located in section 6, township 15, range 20, and section 31, township 16, range 20. About March, 1897, I selected and improved land in sections 25 and 36, township 16, range 19, consisting of about 340 acres. I also purchased at a later date, from a party whose name I do not remember, the SE. 5^ of section 36, township 16, range 19, and 80 acres in section 31, township 16, range 20. On October 31, 1899, I paid Harve and Lucy Bacon $200 for 160 acres of land, being the E. J of the SE. J of section 26 and the E. J of the NE. \ of section 35, township 25, range 16. , On February 7, 1900, I bought from John Scruggs, guardian of Lincoln Scruggs, 240 acres of land, described as follows: SE. 4 of section 21, and the S. 5 of the NE. i of section 21, and the S. i of the NW. J of section 21, all in township 24, range 17, for which I paid $450. On the 20th day of October, 1899, I paid $600 to William Dale for 320 acres of land, being the N. i of section 18, township 24, range 17. On the 29th day of August, 1899, I paid Lewis and Ella Bibles $1,250 for 750 acres, 22 MEMOEIAL OF THE DELAWARE INDIANS. more or less, being the SW. k of section 14; the S. | of the NW. \ of section 14; lots 1, 2, 6, 7, and 8 in section 15; S. J of the NE. \; the SE. }; the NE. \ of the SW, J, and the S. i of the SW. 1 of section 15; lots 3 and 5 in section 16, all ni township 24, range 16. On the 15th of September, 1899, I paid C. A. Robinson §750 for the W. J of the NW. \- of section 3 and the E. 1 of section 4, both in township 23, range 17. On the 22(1 of June, 1899, I paid Henry C. Meigs and Mrs. F. J. Boudinot i?500 for 560 acres of land, being the NW. I of section 18, township 23, range 15, and the NE. \ of section 24, township 23, range 14, and the E. h of the SE. i of section 13, town- ship 23, range 14. On the 14th of August, 1899, I paid to D. W. and Ruth Rogers $350 for the SE. } of section 27 and the S. i of the NE. i of section 27, both in township 24, range 17, containing 240 acres. On the 17th of August, 1899, I paid John Hildebrand $225 for 200 acres of land, being the NE. I of section 35 and the NE. \ of the SE. \ of section 35, township 24, range 17. On the 21st of August, 1899, I paid H. H. Bird $225 for the SE. i of section 32, township 24, range 17. On ]March 29, 1899, I paid John R. Mcintosh $1,250 for the NW. i of section 32 and the N. h of the SW. i of section 32, township 24, range 17, being 240 acres. Exhibit 14. Commission to the Five Civilized Tribes, Muscogee, Ind. T., December S, 1903. Dear Sir: In reply to your letter of November 14, there are inclosed herewith copies of the allegations made in the matter of applications for allotment of land in the Cherokee Nation and in the matter of claims made of land alleged to be improp- erly included in what may be termed the Adams & Logan list of lands for segregation as Delaware land, concerning the following persons: --'^t^ Samuel B. Severs, Daisy D. Byrd, Othie A. Smith, Susan Swan, Perry II. Beeson, Homer Billingslea, Sallie Taylor, Henry H. Byrd, Benjamin F. Bryant, Leona Bry- ant, Jane Byrd, Sterling Colston, Robert D. Blackstone, Milton K. Thompson. These persons are those of whom you made re(iuest, with certain variations in name, with respect to which your letter seems to be in error. It should be borne in mind that these so-called applications, in so far as they re- late to land considered as being in the Delaware segregation, were considered and treated by the Commission simply as claims for such lands, as the special notice in each case was intended to show. The merits of such claims relate to the correctness of the list, and were held for such consideration as might be deemed right and proper. They are now receiving attention under instructions of which you are informed. Respectfully, Tams Bixby, Chairman. Mr. Richard C. Adams, Bond Building, Washington, D. C. This is formal notice to you by the Commission that the SW. \ of SE. \ of NW. \ of sec. 28, T. 22 N., R 19 E., is euil)raced in the segregation whieh has been made to the Delaware Indians who are members of the Cherokee Nation, under the provisions of section 23 of the act of Congress approved July 1, 1902, and that you will not be allowed this land for yourself until the suit of the Delaware Indians against the Cherokei' Nation, now ])ending in the Court of Claims, has been determineil, and that a rnial allotment of this land to yourself will not be made at this time. I will accept this service of notice. Samuel B. Severs. ViNiTA, Ind. T., Fehruarji 19, 1903. Testimony of Samiel B. Severs in the matter of the application for allotment and homestead on the reverse side hereof: Q. What is your name? — A. Sanuiel B. Severs. Q. What is your post-office address? — Muskogee, Ind. T. MEMORIAL OF THE DELAWARE INDIANS. 23 Q. Were the persons for whom vou make this application hving on the 1st day of September, 1902?— A. Yes. Q. Have the persons for whom you make this application ever been enrolled or recognised as citizens of the Choctaw, Chickasaw, Creek, or Seminole Nations?— A. No. Q. ilave tlie persons for wliom you make this application received or applied for allotments of land in the Choctaw, Chickasaw, Creek, or Seminole Nations? — A. No. Q. Are there any improvements on the land you have selected for yourself? — A . Yes. Q. What do the improvements consist of? — A. 'Tis pasture prairie, all under fence. Q. Who is the owner of these improvements? — A. I am. Q. Does anyone else claim this land or any part of it? — A. No. Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. Q. Are there anv improvements on the land you have selected for Emma Severs? — A. Yes. Q. What do the improvements consist of? — A. About all in cultivation and inclosed. Q. Who is the owner of these improvements? — A. I am. Q. Does anyone else claim this land or any part of it? — A. No. Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. Q. Are there any improvements on the land you have selected for Charles J. Severs? — A. Yes. Q. What do the improvements consist of? — A. About all in cultivation and inclosed. Q. Who is the owner of these improvements? — A. I am. Q. Does anyone else claim this land or any part of it? — A. No. Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. Q. Is that portion of the land which you have designated as a homestead suitable for a home? — A. Yes. Samuel B. Severs. Indian Territory, Northern District: I, the undersigned, a notary public in and for said district, do certify that the fore- going statements of Samuel B. Severs were reduced to writing in his presence and were read to and subscribed by him in my presence at the time and place and in the matter mentioned in the caption, he having been first sworn by me that the testi- mony he should give in the matter should be the truth, the whole truth, and nothing but the truth. Given under my hand and official seal this 19th day of February, 1903. Samuel Foreman, Notary Pvhlir. This is formal notice to you by the Commission that the SE. \ of NW. \ and E. J of SW. i of NW. \ of sec. 32, T. 24, R. 17, is embraced in the segregation which has been made to the Delaware Indians who are members of the Cherokee Nation, under the provisions of section 23 of the act of Congress approved July 1 , 1902, and that you will not be allowed this land for yourself until the suit of the Delaware Indians against the Cherokee Nation, now pending, has been determined, and that a final allotment of this land to yourself will not be made at this time. I will accept this service of notice. Daisy D. Byrd. ViNiTA, Ind. T., March 27, 1903. Testimony of Daisy D. Byrd in the matter of tlie application for allotment and homestead on the reverse side hereof: ' Q, What is your name? — A. Daisy D. Byrd. Q. What is your post-office address? — A. Chelsea, Ind. T. Q. Has the person for whom you make this application ever been enrolled or recognized as a citizen of the Choctaw, Chickasaw, Creek, or Seminole nations? — A. No. Q. Has the person for whom you make this application received or applied for an allotment of land in the Choctaw, Chickasaw, Creek, or Seminole nations? — A. No. Q. Are there any improvements on the land you have selected for yourself? — A. Yes. Q. What do the improvements consist of? — A. About 30 acres in cultivation; the rest prairie land, all inclosed with other land. Q. Who is the owner of these improvements? — A. A. J. Blackwell. Q. Have you obtained permission of A. J. Blackwell to select the land on which his improvements are located? — A. No. 24 MEMORIAL OF THE DELAWARE INDIANS. Q. Doe.s anyone elne claim this land or any part of it? — A. No. Q. Is that [)ortion of the land which you have designated as a homestead suitable for a home? — A. Yes. Daisy D. Byrd. Indian Tekhitoky, Nurlhern District. I, the undersigned, a notary pul)hc in and for said district, do certify that the fore- going statements of Daisy D. Byrd were reduced to ^vriting in her presence and were read to and subscribed by her in my presence at the time and place and in the mat- ter mentioned in the caption, she having been first sworn by me that the testimony she should give in the matter should be the truth, the whole truth, and nothing but the truth. Given under my hand and official seal this 27th day of March, 1903. Samuel Foreman, Notari/ Public. I, Daisy D. Byrd, do hereby make application to have set apart to me, and to those whom I lawfully represent, lands selected by me, as follows: d 1 Name. Subdivision of— 1 d lio 6 bit c 2 < Homestead. 0^ 1 1 -15 d > 24963 Daisy D. Byrd . . fE. i of SE. A of 1 NW. iof IsW.iof SE.iof [ NW. iof 32 2-1 32' 24 17 17 20 10 p20.00 fNW. i of SE. i 1 of NW. i Ie. iof SW.iof I N\V. i 32 24 32 24 17 17 ^*^| bl20. 00 20J I, Daisy D. Byrd, do solemnly swear that I have in person actually been ujion the lands so selected by me for myself and f< ir th( )se whom I represent, as above described, and am fully informed as to the location of the same and the character of the soil, and that I have in good faith selected such lands and will accept the same in allot- ment for myself and for those whom I represent, and that no part of said lands is lawfully held l)y any other citizen of the Cherokee Nation. Daisy D. Byrd. Subscribed and sworn to before me at Vinita, Ind. T., this 27th day of March, A. D. 1903. [seal.] Samuel Foreman, Xotdri/ fuhlic. This is formal notice to you by the Commission that the SW. | of SE. \ of NE. ] of sec. 22, T. 22, R. 22, is embraced in the segregation which has been made to the Delaware Indians who are members of theX'lierokee Nation, under the provisions of section 23 of the act of Congress approved July 1, 1902, and that you will not be allowed this land for Florence Smith until the suit of the Delaware Indians against the Cherokee Nation, now ])ending in the Court of Claims, has been determined, and that a final allotment of this land to Florence Smith will not l)e made at tliis time. I will accept this service of notice. Othie a. S.mith. Testimony of Otiiie A. Smith in the homestead on the reverse side hereof: V'iNiTA, Ind. T., MtorJi ;>*,;, 1903. matter of the application for allotment and Q. What is your name? — A. Othie A. Smith. Q. What is your post-office address? — A. Fairland. Q. Was the person for whom vou make this application liying on the 1st dav of September, 1902?— A. Yes. Q. Has the iKM-son for whom you make this ap])lication ever Ijeen enrolled or rec- ognized as a citizen of the Choctaw, Chickasaw, C'reek, or Seminole Nation? — A. No. (}. Has the per.«on for whom you make this ai)i)licatioii received or apjilied for an allotment of land in the Choctaw, Chickasaw, Creek, or Seminole Nation? — A. No. Q. Are there anv improvements on the land vou have selected for Florence Smitli?— A. Yes. MEMOKIAL OF THE DELAWARE INDIANS. 25 Q. What do the improvements consist of? — A. A part}' fence incloses section 22. Q. Who is the owner of these improvements? — A. jNIyself, I. James, P. Beeson, and G. James, all of Fairland. Q. Have you obtained permission of I. James, P. Beeson, and G. James to select the land on which their improvements are located? — A. Yes. Q. Does anyone else claim this land or any part of it? — A. Milton K. Thompson has filed on it. Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. Othie a. Smith. Indian Territory, Northern District: I, the undersigned, a notary public in and for said district, do certify that the fore- going statements of Othie A. Smith were reduced to writing in his presence and were read to and subscribed by him in my presence at the time and place and in the mat- ter mentioned in the caption, he having been first sworn by me that the testimony he should give in the matter should be the truth, the whole truth, and nothing but the truth. Given under my hand and official seal this 25th day of INIarch, 1903. Samuel Fore.man, Xotary Public. This is formal notice to you bv the Commission that the N. h of SE. J of NE. I and SE. \ of SE. i of NE. f of sec. 22, T. 22 N., E. 22 E. is embraced in the segrega- tion which has been made to the Delaware Indians, who are members of the Chero- kee Nation, under the provisions of section 23 of the act of Congress approved July 1, 1902, and that you will not be allowed this land for yourself until the suit of the Delaware Indians' against the Cherokee Nation now pending has been determined, and that a final allotment of this land to yourself will not be made at this time. I will accept this service of notice. Othie A. Smith. Vinita, Ind. T., March 25, 1903. Testimony of Othie A. Smith in the matter of the application for allotment and homestead on the reverse side hereof. Q. What is your name? — A. Othie A. Smith. Q. What is your post-office address? — A. Fairland. Q. Have you ever been enrolled or recognized as a citizen of the Choctaw, Chick- asaw, Creek, or Seminole Nation? — A. No. Q. Have you received or applied for an allotment of land in the Choctaw, Chick- asaw, Creek, or Seminole Nation? — A. No. Q. Are there any improvements on the land you have selected for yourself? — A. Yes. Q. What do the improvements consist of? — A. Fenced on east side and partly fenced on west side — section 22 is inclosed by a party fence. Q. Who is the owner of these improvements?— A. Myself, except the boundary fence, in which I. James, P. Beeson, and G. James, of Fairland, are part owners. Q. Have you obtained permission of I. James, P. Beeson, and G. James to select the land on which their improvements are located? — A. Yes. Q. Does anyone else claim this land or any part of it? — A. Milton K. Thompson has filed on it. Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. Othie A. Smith. Indian Territory, Northern District: I, the undersigned, a notary public in and for said district, do certify that the fore- going statements of Othie A. Smith were reduced to writing in his presence and were read to and subscribed by him in my presence at the time and i)lace and in the matter mentioned in the caption, he having been first sworn by me that the testimony he should give in the matter should be the truth, the whole truth, and nothing but the truth. Given under my hand and ofiicial seal this 25th day of March, 1903. Samuel Foreman, Notary Public. 26 MEMORIAL OF THE DELAWARE INDIANS. This is formal notice to you by the Commission that the NW. 4^ of SW. \ of NE. } of sec. 27, T. 24, R. 17, is embraced in the segregation which has been made to the Delaware Indians who are members of the Cherokee Nation, under the provisions of section 23 of the act of Congress approved July 1, 1902, and tliat you will not be allowed this land for yourself until the suit of the Delaware Indians against the Ciierokee Nation, now pending in the Court of Claims, has been determined, and that a final allotment of this land to yourself will not be made at this time. I will accept this service of notice. Susan (her x mark) Swan. Witness: W. S. D. Moore. VixiTA, Ind. T., March 18, 1903 Samuel Foreman, interpreter. Testimony of Susan Swan in the matter of tlie application for allotment and home- stead on the reverse side hereof: Q. What is your name? — A. Susan Swan. Q. What is your post-office address? — A. Foyil, Ind. T. Q. Have you ever been enrolled or recognized as a citizen of the Chocfciw, Chick- asaw, Creek, or Seminole Nation? — A. No. (.\. Have you received or applied for an allotment of land in the Choctaw, Chick- asaw, Creek, or Seminole Nation? — A. No. Q. Are their any improvements on the land vou have selected for vourself? — A. Yes. Q. What do the improvements consist of? — A. All in cultivation and under fence. Q. Who is the owner of these improvements? — A. I am. Q. Does any one else claim this land or any part of it? — A. No. Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. Susan (her x mark) Swan. Witnesses to mark: W. S. D. Moore, Thomas J. Farrak. Indian Territory, Northern District: I, the undersigned, a notary pul)lic in and for said district, do certify that the fore- going statements of Susan Swan were reduced to writing in her presence and were read to and subscril)ed by her in my jjresence at the time and place and in the mat- ter mentioned in the caption, she having been first sworn by me that the testimony she sliould give in the matter should be the truth, the whole truth, and nothing but the truth. Cnven under my hand and official seal this LSth day of March, 1903. Samuel Foreman, Notary Public. This is a formal notice to you by the Commission that the SW.i of SW.J of NW.^ of sec. 22, T. 22, N. R. 22 E. is endjraced in the segregation which has been made to the Delaware Indians who are members of the Cherokee Nation, under the provisions of section 23 of the act of Congress approved July 1, 1902, and that you will not be allowed this land for yourself until the suit of the Delaware Indians against the Chero- kee Nation, now pending, has been determined, and that a final allotment of this land to you will not be made at this time. I will accept this service of notice. Perry H. Beeson. YiNiTA, Ind. T., Mardi 14, 1903. Testimony of Perky H. Beeson in the matter of the application for allotment and homestead on the reverse side hereof: Q. What is your name? — A. Perry H. Beeson. Q. What is your post-office address? — A. Fairland, Ind. T. Q. Have you ever been enrolled or recognized as a citizen of the Choctaw, Chicka- saw, Creek, or Seminole Nation? — A. No. Q. Have you received or api)lied for an allotment of land in the Choctaw, Chicka- saw, Creek, or Seminole Nation? — A. No. Q. Are there anv improvements on the land vou have selected for vourself? — A. Yes. MEMORIAL OF THE DELAWARE INDIANS, 27 Q. What do the improvements consist of? — A. Entire tract under fence. Q. Who is the owner of these improvements? — A. I am. Q. Does anyone else claim this land or any part of it? — A. Yes; I understand that Sterling Colston has filed on this tract. Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. Perry H. Beeson. Indian Territory, Northern Distrtcl: I, the undersigned, a notary public in and for said district, do certify that the fore- going statements of Perry H. Beeson were reduced to writing in his presence and were read to and subscribed by him in my presence at the time and place and in the matter mentioned in the caption, he having been first sworn by me that the testi- mony he should give in the matter should be the truth, the whole truth, and nothing but the truth. Given under my hand and oflScial seal this 14th day of March, 1903. Samuel Foreman, Notary Public. i This is formal notice to you bv the Commission that the N. i of NW. -]-, SE. \ o NW. i, N. A of SW. i of NW. i,"and SE. i of SW. i of NW. i, all in sec. 22, T. 22 N., R. 22 E., is embraced in the segregation which has been made to the Delaware Indians who are members of the Cherokee Nation under the provisions of section 23 of the act of Congress a^jproved July 1, 1902, and that you wall not be allowed this land for yourself until the suit of the Delaware Indians against the Cherokee Nation now pending has been determined, and that a final allotment of this land to you will not be made at this time. I will accept this service of notice. Perry H. Beeson. ViNiTA, Ind. T., March 14, 1903. Testimony of Perry H. Beeson in the matter of the application for allotment and homestead on the reverse side hereof: Q. What is your name? — A. Perry H. Beeson. Q. What is your post-office ated Vjy the Dawes Commission on December 10. I respectfully submit — 1. That the Delawares are entitled under their agreement with the Cherokee to 157,600 acres of land of their own selection. 2. That your honorable Commission in making the segregation is recjuired to segregate the lands which the Delawares themselves select, not lands which may be selected for tliem. 3. That the Delawares are entitled to the 157,600 acres of land already selected Ijy them, unless under contest it shall be proved that as to some particular divisions of these lands they, for some reason, are not available to them. 4. That if your resf)lutions mean anything less than or different from this they are beyond the powers and functions of the Commission. Very respectfully, yours, W. S. Logax. Hon. Clifton R. Breckinridge, T(dde(jiia]i, Tnd. T. New York, I)eceiid)er 18, 190S. My Dear Mr. Adams: I have a letter from Breckinridge, of the Dawes Commission, inclosing the resolutions they adopted on December 10. I inclose copy of my reply. Yours, very truly, Walter S. IjOGax. Richard C. xVdams, Esq., Bond Buildln'jfWaHldnyloii, I>. C Exhibit 18. Department of the Interior, Commission to the Five Civilized Tribes, December 22, 190.3. Argium'rd of J((iiie.f A'. Jones in the mailer of lite Delairare segregation. I have been employed by the Delawares in their suits with the Cherokees as far as they affect the Government and am here now representing them in the matter of MEMORIAL OF THE DELAWARE INDIANS. 87 the geKi'egation of their land. AVhen your letter came to ^Ir. Adams, marking out the plan you proposed to pursue in making the segregation again, I read them over care- fully and they occurred to me as Ijeing right, exactly right, as far as they go; that there will be no ol)jection to them at all, and I felt that there was no misappi ehension of any danger to the Delawares Ijy the further action of the Commission, l)ut as there was nothing in the plan as outlined to indicate the course which might l)e i>ursued after these instructions had been carried out we thought it might be best to present the plan favored by the Delawares and talk the matter over face to face. I stopped yesterday to present the matter to [Major Breckinridge and it seemed, to my great surprise, that he seems to have an idea about it that is most unfair to the Dela- wares. Of course I have absolute confidence in each member of the Commission and what I say will be said in that light. I would like to ask, before 1 begin, whether there have been any other instructions given to the Commission other than those given through the Interior Department. If there are any other instructions and they are not private, I should l)e glad to see them. 3ir. BixBY. I know of none. ]\Ir. JoxEs. The Interior Department advised Mr. Adams that he would be notified of any instructions given, but it occurred to me that it might have l)een overlooked. Mr. Breckixridge. I will say, representing the Cherokee office, that there are no instructions of any character, so far as I know, except those which have been given Mr. Adams. Those are the Secretary's instructions tons, and we sent him a copy of the instructions from the Cherokee office. ]Mr. JoxES. I supposed that was the case, ^ow we propose to show — First. All land occupied by living registered Delawares under the treaty of April 8, 1867, to the extent of 160 acres per capita, and said land to contain their improve- ments as far as practicable. Second. All lands shown to have been im]>roved by deceased registered Delawares under said treaty of April 8, 1867; all lands so selected and occupied, and which, if found now to be in the possession of the heirs of said deceased registered Delawares, such land to contain the improvements placed thereon by said decea.«ed registered Delawares should be included in the reservation. I think if it were possible for the Commission to find that there were 160 acres of land for each deceased registered Delaware, that it would be an ideal segregation, and I have no objection, while I do not think that a necessary course to pursue, I have no objection that the Commission, as far as it can, follows the plan, and that 160 acres shall be segregated for each regis- tered Delaware and for the descendants of each registered Delaware, ))ut I want to say that we do not anywhere or at any time agree that any registered Delaware had any right to take 160 acres and hold it as his own; that every 160 acres taken by a registered Delaware f)r a descendant of a registered Delaware was taken in behalf of the Delaware Nation, and he has no individual right to it; he had a right to make his improvements on it and to hold it; a right to live there, but the Delawares had, under the treaties and laws, a right to segregate and allot the land as they saw fit. For this land, as we contend and have contended from the beginning, was a tract of 157,600 acres, which was ascertained by multiplying the number of registered Dela- wares by 160 acres each; that it was a tract that belonged to the Delaware Indians; that no Delaware has one solitarj' acre of it and has no right to a solitary acre of it. Now I know that there is a contention on the other side that the intention was to give each Delaware 160 acres of land. This question is jiending before the Supreme Court, and the Commission can not accept this because the Supreme Court must decide that, this is right; and if so, no previous decision of the Commission, or of the Department, ought to deprive any Delaware of his right. My contention is that every square foot of this land belongs to the Delaware Nation; that there has been no allotment of that land, and that there has been noth- ing done to allot this land. It still belongs to the Delawares as a body. That there are more Delawares now than when this treaty was made with the Cherokee. Now if my theory prevails no Delaware will get 160 acres, nor is that our theory. Our contention is that when this 157,600 acres has been bought and paid for that this land must be dividerl by this Commission among these Indians per capita, and if there are more than there were among the registered Delawares at the time the treaty was made that each Delaware will take less land than 160 acres. Now, that point we raised in the case that is pending now before the Supreme Court, which was ))rought under the Curtis Act; we contended all the way through, contended in the brief, that this land belongs to the Delawares as a l)ody, not to an individual Indian. Now, this is a question which the court has to decide, and I was very much surprised to find that iMajor Breckinritlge seems to have an idea, and that the Commission seems to have an idea that individual Delawares acquired rights l)y taking the land, and the Supreme Court will have to settle this question when it deteiinines whether we bought that land en bloc, or whether it belongs to the indi- 38 MEMORIAL OF THE DELAWARE INDIANS. vidual Indians. That is a ([uestion which mnst lu' left open; it can not be de'-ided by the (/onnnission. "Your third proposition is to inchide sutiicient land from the public domain to make up 157, ()()() acres. I think that is right. Now, what are you going to take? I think, in addition to thsese two lists of lands which you propose to select, that the Delawares have aright to say where they would like "to have this segregation made and that the Commis- sion ought to respect the wishes of the Delawares, if there is no good and substantial reason wliy this should not be done. To go l)ack a stej) farther, I think this segregation has already been made, and according to law, and even admitted that the segregation must have been submitted for the approval of the Secretary of the Interior, I think that this has been done. Now, when you come to act again, what land will yon take to make up the puV)lic domain? Major Breckinridge seems to think that some of these lands to be selected under the first and second clauses and the remainder of the land so to be selected that you will take land other than that claimed by the Delawares; that you will absolutely exclufle the land claimed by the Delawares and will exclude it as a part of thei)ublic domain. Now, I I)elieve that the land which is not contained in this segregation, and winch is held by the Delawares, ought to be considered as public domain, and the differ- ence ought to be made up out of that land if they prefer it. That seems to me so just and fair that I do not see how a man can hesitate a moment about it. These men have a right under the contract to take any part of the public domain, and when these first two lists have been selected and the deficienV-y comes to be made up it is the projjcr thing for the Conmiission to regard their recpiests and make up these lands out of the land owned l)y the Delawares. 1 believe that the Conmiission acted fairly in including these lands in its first segregation. The monstrous injustice of leaving out of the segregation lands upon which Delawares have imi)rovements is apparent when you think for a moment. If the Supreme Court shall sustain the contention of the Delawares and shall lujid that they bought and paid for 157,600 acres of land at a dollar an acre, it would be monstrously unjust for the Commission to leave these lands out of the segregation and make the segregation so as to compel them to take land which is flinty and covered with rot'ks and which would cost only 50 cents an acre, leaving out the lands upon which they have made improvements. This would be grossly unjust in your Commission to think that the land which is held by them is wholly a part of the pul)lic domain and could not as well l)e segre- gated now unless there is some reason why these people should not be allowed to take the lands whicli they have themselves improved. The monstrous injustice of the other course is apparent. I know there is some apparent prejudice in the Interior Department against Mr. Adams. I don't mean to criticise the Secretary, but he said to me one day, "Of course, should this suit be decided favorably, they will take out the land Mr. Adams holds in his name." He now holds it and it belongs to the tribe, from which T infer that the Secretary of the Interior had the idea that the land which was held by Mr. Adams in his name was claimed by him as his individual property. He has never made that claim. He has paid money for the land upon which are improvements so that it could be made a part of the ))ublic domain, and will file a statement of this in writing, if j'ou preterit. Mr. Adams ])urchased these improvements after he l)ecame attorney for the Dela- wares, and he bought this land and paid for the improvements for the purpose of having the land included in the public domain of the segregation, and has himself advanced the money, trusting to Ins people to repay the money advanced out of his own pocket. There is no reason why he should not have done it, except personal ones. I would not have done it, had I been in his })lace, and taken the chances, even if the Delawares should win their suit. It is not reprehensible from any stand- point, and he has certainly done more than I think mo^t men would have done. This suit was ))egun under the section of the Curtis Act, with which you are familiar. The last act which was jtassed bearing on it, sei-tion 2.'> of the act of last year, is in the following words, and I will take the liberty of reading it in full to you gentlemen, because as to whether the course shall be pursued of refusing to include in this segre- gation the lands which are held and selected by the Delawares or whether it will be outside and take lands which the Delawares have never selected and give it to them anyway, is, I think, conclusively settled by this section: "All Delaware Indians who are mend)ers of the Cherokee Nation shall take lands and share in the funds of the tribe as their rights may be determined liy the judg- ment of the Court of Claims, or by the Supreme Court if appealed, in the suit instituted therein by the Delawares against the Chei'okee Nation and now pending" — MEMOEIAL OF THE DELAWARE INDIANS. 39 when this act was passed this suit was already pending, as you gentlemen areah-eady aware — " but if said suit be not determined before said Commission is ready to begin the allotment of lauds to the tribe as herein provided, the Commission shall cause to be segregated 157,600 acres of land, including lands which have been selected and occupied ])y Delawares in conformity to the provisions of their agreement with the Cherokees dated April 8, 1867." Now I think all of this land was selected in that way. Tliis land was selected for the Delaware Indians as a tribe. It was taken iX)S- session of l)y individual Delawares, and the taking by an individual Delaware was a taking for the tribe, and if the holdings of these individuals amounted to 157,600 acres that would be the land which should be segregated subject to this suit. This selection does not relate, as I think, in any manner to a personal selection for the man's individual use. Right here on this point, before I go on, I will read a portion of article 4 of the treaty Vjetween the Delawares and the Government of the United States of July 26, 1866:- "The said tract of country shall be set off with clearly and permanently marked lioundaries by the United States, and also surveyed as public lands are surveyed, when the Delware council shall so request, when the same may, in whole or in part, be allotted by said council to each member of said tribe residing in said country, said allotment being subject to the approval of the Secretary of the Interior." There, 1 think, was provision made by the treaty between the Delawares and the Government of the United States that the land should be held in a body, and should be subject to the action of the Delaware council to allot it when they saw tit to take that step and not before. The 157,600 acres was bought and paid for by Delaware funds and not l>y the money of individual Delawares. If the court holds that we are right, if it gives us a judgment, it will hold that the 157,600 acres belongs to the tribe and nuist be allotted in conformity with the machinery provided for the distribution of lands to individual members of the tribe, and each one will have his proportion- ate share of the 157,600 acres which he is entitled to according to the number of people there may be in the nation. Now I got off on this — I will read back (again refei'ring to section 23 of the Cherokee agreement) : " But if said suit be not determined before said Commission is ready to begin the allotment of lands of the tribe as herein provided, the Commission shall cause to be segregated 157,000 acres of land, including lands which have been selected and occu- pied by Delawares, in conformity to the provisions of their agreement with the Cherokees dated April 8, 1867, such lands so to remain, subject to disposition accord- ing to such judgment as may be rendered in said cause." Now, we contend that there is no question that that segregation in conformity with that agreement was a segregation of 157,600 acres of land to be held for the use and benefit of the tribe; that no one will get any sejiarate provision until the Delaware council had made some provision for the allotment which has not been made to this hour. " Such land so to remain, subject to disposition according to such judgment as may be rendered in said cause; and said Commission shall thereupon proceed to the allotment of the remaijiing lands of the tribe as aforesaid. Said Commission shall, when final judgment is rendered, allot lands to such Delawares in conformity to the terms of the judgment and their individual rights thereunder. Nothing in this act shall in any manner impair the rights of either party to said contract as the same may be finally determined by the court, or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April 8, 1867" — now mark this language — "shall imjtair the rights of either party to said contract." I take the liberty of reading that again. Now these are the parties, the Delawares on the one side and the Cherokees on the other — "as the same may be finally determined by the court, or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April 8, 1867, until their rights under said contract are determined by the courts in their suit now pending against the Cherokees, and said suit shall be advanced on the dockets of said courts and determined at the earliest time practi- cable." Now, the point lam particularly trying to emphasize is that the Delawares bought 157,600 acres en bloc, and that we are entitled to 157,600 acres en bloc, and which is to be distributed among the Delawares in an ccjual (|uantity, and if Mr. Adams had 14,000 acres of land standing in his own name he would only get his proportionate share of the land ami what each man got. He bought this land after he became attorney for the Delawares, and because the Delawares did not hold a sufiicient quantity of land to make up the 157,600 acres he bought this land to give the Delawares an opportunity to get the balance of their land. They could not get this land because it was improved, and he had to l)uy the 40 MEMORIAL OF THE DELAWARE INDIANS. title 80 a;^ to make this land a part of the public domain, and when it became a part of the public domain he claimed it as a part of the segregation, which means after you gentlemen had made the segregation. Now, your Commission recognized the necessity of that when you made this first segregation. Now, I want you to under- stand that I do not claim that this segregation was absolute, but it was right, and was made on the right line. If it ajipeared any waj', if it could be shown anywhere, that that land was improperly included in that segregation, this Commis-^ion had a right to correct that segregation and strike it out. The Secretary, if he had a right to approve it at all, had a right to correct it. But your Commission, when it has said that this land was selected by individual Delaware?, could not have the right to take that land out and arl)itrarily designate some other. The language of this act provides that you shall take land selected by individual Delawares. We claim that no acre of this land is selected as the property of an indi- vidual Delaware, and the case is now pending before the Supreme Court, and this Commission has not the power to determine that case different from the action of the Supreme Court, and this Commission has got to recognize that our utmost contention may be sustained by the Supreme Court. It is the question that we have before the Supreme Court of the Uniteil States, so the matter should he held open. Under the pro\'isions of this section my judgment is that you should take all lands which are claimed by registered Delawares until you make up this 157,600 acres, and if after this there is land remaining to the Delawares it will be your duty to take other land to make up the 157,600 acres. The Commission has no right, it would be a deprivation, it would not l)e just, to take the lands which the Delawares have selected and segregate land elsewhere. This thing seemed to me so perfectly fair that I did not believe that there was any necessity of coming down here to present the matter, and I hope that there is no question as to that being the case. Now, in the brief which we have pending before the Supreme Court we contend that this land belongs to us en bloc: "This question seems to be so completely settled by the decision of this court in The United States v. The New York Indians ( 173 U. S., 471), that any further tliscus- sion is quite out of place. In that case the court says: " 'The second article of the treaty indicates that the grant was made upon the basis of 320 acres for each inhabitant, the recital being "320 acres for each soul of said Indians, as their numbers are at present computed," but the grant was not of 320 acres for each soul, but of a tract of land en bioc' "How perfectly similar is this language to the language of the Delaware-Cherokee agreement of 1867. In the New York Indian case the language was '320 acres for each soul of said Indians.' In the case at bar the language is, 'a quantity of land * _ * * in tlie aggregate equal to 160 acres for each individual of the Delaware tribe,' the only difference being that the intent to sell a tract of land in a body is more clearly expressed in the Delaware agreement than in the case of the New York Indians, for in the former case the expression is 'a quantity of land, in the aggregate equal to 160 acres,' thereby showing that it did not intend 160 acres to each indi- vidual, but a quantity of land equal to it. "Indeed, it may be said that this method of determining the quantity and extent of grants to Indian tribes and bands has been quite the rule in all of our" transactions with the Indians, and that the uniform and uninterrupted construction by the depart- ments of the Government, as well as by the courts, in cases where the questions have come before the courts, has been that such grants are grants to the tribe en bloc and not to the individual members thereof.", Some years ago the Delawares had about a million dollars in the Federal Treasury to their credit. The governor of the Delawares asked the Government to turn this money oyer to the Delawares. The Secretary of the Interior, in his caution, turned over half of this money and directed the Indian agent to ascertain how that money was expended, whether or not it was used in the improvement of their lands. The inference was that the Secretary instructed that this money should l)e used bv them in the improvement of their farms. I have not been able to discover whether there were such direct instructions, l)ut the Indian agent reported here that he asked every Indian about it, and each one showed that it had been used in improving their farms. There is no question about that. It was perfectly well known. Now, when that report was made to the Secretary, that this money had been expended in imjiroving their lands, he gave them the other half, because he thought that was an evi- dence they had been acting in good faith. Suppose that some individual Delaware had gont' and run his fence around 320 acres of land and had I'xpended his money in improving it. Now, when you gentlemen come to make his allotment, he can take 160 acres of that, but the other 160 acres does not go in; that 160 acres will thereby become a part of the public domain. Then when you come to make up the deti- MEMORIAL OF THE DELAWARE INDIANS. 41 ciencv, the act of Congi'ess says that you shall select the land which has been selected and occupied by Delawares. This man has spent his money in improving said land. The action of the Commission, if it includes that land in said segregation, would be to give the Delaware tribe the benefit of the money which had been spent on that land. But if it arbitrarily rules that he is not entitled to that land, and because he had taken possession of more than 160 acres that would become a part of the jjublic domain of the Cherokee Nation but would not be considered as eligible to make up the deficiency of the Delaware public domain, the consequence of that would be to confiscate the money which had been spent upon that land by the Delaware, and for what purpose? Some other man would get it. It would be taking the value and money which belonged to a Delaware, which had been paid to him by the Government, which bad been used as the Government directed it should l)e used, you would arbi- trarily take that land away and say that any other Cherokee could have it but that Delaware could not have it; that would be monstrously unjust and unfair. Now the land which Mr. Adams has taken and paid for, when a man spends his money there is no difference in the eye of the law whether he hires a man to plow and fence or whether he buys from some other man — it was written under the constitution and laws of the Cherokee Nation that the man who made the improvements was entitled to the land and that a man might buy another man's improvements, so that Mr. Adams buying this land is buying it for the purpose that it might become public domain, and it seems to me that it would be monstrously unjust to adopt this method and the man who spent the money be the one man who will not be allowed to take it. I take it the Commission will not and can not make such a ruling. It seems to me that the line marked out by the Commission in making this other segregation was the proper line to take; that the right to correct this segregation — all of these things — the Commission had the six months in order to correct it, up to the time final action was taken by the Supreme Court. This being the case it seems to me that the proper course to pursue now is to select the land which has been selected by the Delawares, and which they have spent their money in improving. How are you going to select land to make up the deficiency? Our contention being, more pointedly, that every selection was made in the interest of the Delaware Nation, and that none of these indi- viduals have any right, except through the action of the Delaware council, to dis- pose of their improvements. They have no legal right to it and no jiower to assert it. But we believe that the Commission will see that justice is done and the rights of all i)arties protected. One more point — and I have already made that — and I believe I am through what I wish to say. There is a suit now pending in which we claim that this segregation is already a segregation, and is complete. If this new segregation shall make practi- cally the same segregation, of course there will be no oc(;asion to force that suit because it does exactly the same thing; but if there should be a disposition, especi- ally without sufficient reason, to make a different segregation, without the consent of the Delawares and against their interest, then of course we shall endeavor to the best of our ability to maintain the original segregation. But I think the reasons for making that segregation are just as operative now as when it was first made, and that the land upon which the Delawares have spent their money and which ai'e parts of the jjublic domain, except for the improvements made by them, should be included in said segregation. It would not be right, if there is a part of the j^ublic domain at 50 cents an acre and another part at 10 cents, it would not be right to ask you to select the 10-cent laneing allowed to file on lands included in the segregation with the idea that they would have a prior right to it in the event the suit was not decided in their favor. I don't believe the Com- mission intended any such action. There were some things in the action of the Conunission which looked that way. I think that was a mistake, but if this land is going to be cut out and a lot of flint hills ])ut in its j)lace, it may be of the greatest importance to the Delawares that that suit was begun. Mr. HrTCHixGs. The Cherokee citizens can not complain of anything in this segregation, provided they do not select anything which they have a right to. Mr. Jones. And I think the Delawares have a right to select the land on which they have improvements rather than otherwise. I think the mistake has Ijeen that it has been maintained that the individual Delawares have a right against the Dela- ware tril)e. I am very much obliged to you, gentlemen. Mr. BixBV. We are very much obliged to you. Senator. ExiiuuT 19. Musco(;ee, Ind. T., Decnnher 2.j, 1903. Dear Siu: I understood you last night to say in my conversation with you that the position of the Commission is that no land held, occupied, or improved l)y any descendant of a registered Delaware shall be included under any circumstances in the Delaware segregation unless it was shown that such land had been occupied by a registered Delaware and was held by a complete chain of title, as to improvements, of course, from said original registered Delaware to the present holder. I also understood you to say that it was the intention of the Commission, after ascertaining what lands had been taken possession of by original Delawares and con- tinuously held, as indicated a1)ove, that all the remainder of the proposed segregation of 157,600 acres woidd be selected out of the public domain and include only such lands as were unimproved and unclaimed by any Cherokee, and that any lands held by any descendant of a registered Delaware which had not been originally taken up by a registered Delaware and continuously held as suggested above would be excluded from said segregation absolutely, and would become a part of the public domain, sub- ject, as I infer, to occupation by Cherokee Indians, but not open to occupation by a Delaware — not even the man who has lived on it for years and improved it, unless it is claimed by him under his rights as a Cherokee;" that no snch land will in any event be included in the segregation. Please let me know if in the above I understood you correctly, and if not wherein I misunderstood you, and what the exact position of the Connnission is as to lands which are held and have been improved by Delaware Indians, descendants of regis- tered Delawares, but which lands were never held, so far as the records of the Coin- mission siiow, by an original registered Delaware. I respectfully request an answer at your early convenience to the above. Yours, truly, James K. Joxes. Hon. C. K. Breckixkidge, Commimionev in Charge. MEMORIAL OF THE DELAWARE INDIANS. 43 Muscogee, Ind. T., December 23, 1903. My Dear Sir: Mr. Adams authorizes me to say that he holds the lands standing in his name in the agreed list of lands submitted for segregation for his people, the registered Delawares and the descendants of registered Delawares, and not for him- self; that in acquiring these lands for the benefit of his people he has expended his own money, and that he believes his people will, in the event of the establisliment of their claim, reimburse him for all such expenditures, as well as for his risks and services in their behalf. That for the purpose of inducing you to include these lands in the Delaware segre- gation for the benefit of his people, and subject to the action of the Supreme Court, he stands ready to, and hereby proposes to, convey all such lands in any way that you may suggest to any committee of Delaware Indians, to be selected by you or the Com- mission, to be held by them under the direction of your Commission for the sole benefit of the Delaware tribe (^f Indians. If under these safeguards you are willing to allow his people to have the benefit of these lands, bought with his money for their use, by including them in the Delaware segregation, he will at once execute such conveyance as you may suggest to any parties named by you. Please let me know your decision on this matter at your earliest convenience. Yours, truly, James K. Jones. Hon. C. R. Breckinridge, Commissioner in Charge. Exhibit 20. Washington, D. C, December £6, 1903. Dear Sir: Inclosed I hand you copy of certain deeds and papers relating to the improvements I purchased on lands in the Cherokee Nation, which I desire to have segregated for the benefit of the Delaware Ind ians. Many of these papers are recorded in the records of improvements of the Illinois district. Such as are so recorded are so marked, and such as are not recorded I have the originals in my office. These copies are not certified copies, but they have been carefully compared. I can, if you desire, send the original papers to you at any time that you may retiuire them. In looking over the list of the 302 claimants of the Delaware segregated land I find that a large number v.ere Delav.ares claiming their own laud that was in the segre- gation. I also found that some of the land said to be in the segregation was not and some of the tracts were claimed by more than one Cherokee. I think when you come to examine this matter closely you will find that very few of the 302 can show reasons why the land should not be included in the segregation. I am, yours, truly, Richard C. Adams. C. R. Breckinridge, Commissioner in Charge Cherokee Land Office, Tahlequah, Ind. T. Bill of sale. Claremore, Ind. T., Apnl 16, 1894- Know all men bv these presents, that we, D. J. Matthews and wife, Addie Mat- thews, have this daV traded or exchanged our prairie farm or improvement, located 3 miles northwest of Oolagah, Ind. T., Cooweescoowee district, Cherokee Nation, one box house and twenty acres of broke land, and one hundred fence with post and 3 wires, to Thomas W. Reaves for his farm or improvement located on the north side of the San Francisco Railway, and adjoining the improvementof George \V. Sant, near the Verdigris River and on the road leading to the Woffard ferry. Said improvement has one log and box house and four acres in cultivation. We agree with the said Thomas W. Reaves to defend the title to said improvement hereby given or exchanged for against any and all persons claiming title to the same. Given under our names this the above day and date. D. J. Matthews. Addie Matthews. Attest: John M. Taylor, Jr, Jonathan Wilcox. 44 MEMORIAL OF THE DELAWARE INDIANS. Cherokee Nation, l//iiiol>< District. To vhom it )na>/ concern: This is to certify that I have this day, for and in consideration of two hundred dolhirs in hand paid, sold and conveyed to K. C. Adams and Henry C. Meigs all my right, title, and interest to the within described improvements mentioned in this bill of sale or exchange. This the 7th day of May, A. D. 1894. Tnos. W. Reaves. J. C. Bird. Cherokee Nation, Il/inoi.^ District. To vliom it nidti concern: This is to certify that I have this day, for and in consideration of two hundred and sixty dollars in hand paid, sold, and conveyed to Annie S. Meigs all my right, title, and interest to the within described improvements (together with what other improvements have been placed thereon) mentioned in this bill of sale or exchange. This the 20th day of August, A. D. 1894. R. C. Adams. Maude Meigs. P'ouT Gibson, Ind. T., Illinois District, Cherokee Nation, Lid. T. Know all men by these presents, that I, Walter Scott, a citizen of the Cherokee Nation, for and in consideration of the sum of three hundred dollars (300) the receipt of which is hereby acknowledged, do this day bargain, sell, and by these presents convey and deliver to R. C. Adams, a citizen of the Cherokee Nation, all right, title, and interest in and unto a certain tract of land lying on the south side of the Tahle- quah and Fort Gibson road that runs by the national cemetery, consisting of about 38 or more acres, and is bounded as follows: On the north by the said Tahlequah and Fort Gibson road, on the east by land belonging to James Alexander, on the south by line running from corner of said James Alexander's field in the line with fence of field belonging to said Walter Scott, and thence to wire fence near cemetery, and on the west by the piece of land occupied by one West and belonging to AV alter Scott; to have and to hold, all and singular, the said tract of land and improvements hereby conveyelic within and for the northern district aforesaid, duly commissioned and aetino;, John Hildebrand, to me well known as one of the grantors in the ff)regoing deed, and acknowledged that he had executed the same for the consideration and purposes therein mentioned and set forth. Anul)lic this IGth day of August, 1899. [seal.] David (t. Elliott, Noiarii Pnhfic in (utdfor tJie Northern- IHtitricf. (^ly com. expires April 1], 1903.) W;rant, Ijargain, sell, and convey, and by these presents deliver to the said Richard C. Adams, his heirs and assigns forever, the following lands situated on the north side of Sjiencer Ci-eek, in the Indian Territorj', Cooweescoowee district, Cherokee Nation, to wit: The north J of sec. 18, township 24, range 17, all in township 24, range 17. 48 MEMORIAL OF THE DELAWARE INDIANS. To have and to hold the same unto the said Richard C. Adams and unto his heirs and assijjns forever, together with all improvements thereon and rights, privileges, and imnnmities thereto appertaining. And I do hereby covenant with the said Richard C. Adams that I will forever warrant and defend the title to said lands against all claims whatsoever, and I, , wife of the said , for and in consideration of the said sum of money and for divers good and valuable considerations, do hereby release and relinquish unto the said Richard C. Adams, his heirs and assigns, all my right to dower and homestead in and to said land. In witness whereof we have hereunto set our hands and seals this 28th day of Oct., 1899, at Chelsea, Ind. T., in the presence of H. M. Adams and J. E. Cochran, witnesses hereto. William Dale. Witnesses: H. M. Adams. J. E. Coc'HEAN. Chelsea, Ind. T., Xortlwrn District, ■•I. Also our remaining one-fourth interest in ami unto our claims in township 16, sec- tion 29, being the southwest and northwest (luarter sections in said sections 29, con- sisting of 80 acres. The said land having imj)rovements, fence, good well of water, garden, three-room house, and other improvements. To have and to hold all and singular, the said tract of land and improvements hereby conveyed with all the rights, and privileges, and appurtenances thereto belonging, or In anywise appertaining, unto the said R. C. Adams, his heirs and assignees forever. Tlie title to which I hereby guarantee and agree to defend against all claims whomsoever. In witness whereof I have hereunto subscribed my name and affixed my seal this 24th dav of July, 1897. (Signed) Wm. P. Ross, [seal.] (Signed) M. W. Ross. [seal.] (Signed) E. G. Ross. [seal.] (Signed) F. H. Nash, Witness. (Signed) W. I). L. Dovvell, Witne.%<<. Know all men by these presents, that I, C. A. Robison, a citizen of the Cherokee Nation, for and in consideration of the sum of seven hundred and fifty dollars ($750) to me in hand paid by Richard C. Adams, a Delaware Indian and a citizen of the Cherokee Nation, and now representing the Delaware Indians at Washington, D. C, do hereby grant, bargain, sell, and convey, and by these presents deliver to the said Richard C. Adams, his heirs and assigns forever, the following lands situated on the south side of Spencer Creek, in the Indian Territory, Cooweescoowee district, Chero- kee Nation, to-wit: West i of northwest } of section 3, and ea.st half of section 4, all in township 23, range 17. To have and to hold the same unto the said Richard C. Adams, and unto his lieirs and assigns forever, together with all improvements thereon, and rights, privileges, and immunities thereto ajipertaining. And I do hereby covenant with the said Richard C. Adams that I will forever war- rant and defend the title to said lands against all claims whatsoever. And I, Manurvy Rol)ison, wife of said C. .\. Robison, for and in consideration of the said sum of "money and for divers good and valuable consideration, do hereby MEMORIAL OF THE DELAWARE INDIANS. 53 release and relinquish unto the said Richard C. Adams, his heirs and assigns, all my right of dower and homestead in and to said land. In witness whereof, we have hereunto set our hands and seals this fifteenth day of September, 1899, at Chelsea, Ind. T. In the presence of H. M. Adams and Ed Byrd, witnesses hereto. C. A. RoBisoN. Manurvy (her x mark) Robison. Witnesses: H. M. Adams. Ed Bykd. Chelsea, Ixd. T., Northern Dist., ss: Be it remembered, that on this day came before the undersigned, a notary public within and for the district aforesaid, duly commissioned and acting, C. A. Robison, to me well known as one of the grantors in the foregoing deed, and acknowledged that he had executed the same for the consideration and purposes therein mentioned and set forth. And on the same day also appeared before me the said Manurvy Robison, wife of the said C. A. Robison, to me well known, and in the absence of her husband, declared that she had, of her own free will, signed and sealed the relinquishment of dower and homestead rights in the foregoing paper for the consideration and pur- poses therein mentioned and set forth, without compulsion or undue influence of her said husband. Witness mv hand and seal as such notary public, this fifteenth day of September, 1899. [seal.] Edward Byrd, Notary Public in and for Northern Dist., I. T. {My commission expires Feb. 27th, 1900.) Fort Gibson, Illinois District, Cherokee N'ation, Ind. T. Know all men by these presents, that I, Walter S. Scott, a citizen of the Cherokee Nation, for and in consideration of the sum of fifty dollars (|50), the receipt of which is hereby acknowledged, do this day bargain, sell, and by these presents deliver to R. C. Adams, a citizen of the Cherokee Nation, all my right, title, and interest in and unto between twenty and twenty-five acres of land on the north side of the Fort Gibson and Tahlequah road, and bounded on the south by the Tahlequah and Fort Gibson road that runs by the national cemetery, on the west by Dr. Fuller's line, on the north by Dr. Fuller's farm and the Corrall Branch, on the east by Johnson Thomp- son's land formerly bought from W. P. Ross, junior, to have and to hold, all and singular, the said tract of land and improvements hereby conveyed with all the rights and privileges and appurtenances thereto belonging or in any wise appertaining unto the said R. C. Adams, his heirs and assigns forever, the title to which ^I hereby guarantee and agree to defend from any and all claimants whatsoever. In witness whereof, I have hereunto subscribed my name and affixed my seal this the 27th day of November, 1896. [seal.] Walter Scott. Wm. p. Ross, Witness. S. A. Ross, Witness. Ft. Gibson, Ixd. T., Dec. J4, 1896. Received of R. C: Adams ten dollars ($10) in full payment for all land I lose by changing the road from the U. S. cemetery to town. (Signed) C. E. Willey. Fort Gibson, C. N., Feby. 4th, 1895. Know all men by these presents, that for and in consideration of the sum of forty dollars ($40) in hand paid, I this day bargain, and by these presents do convey unto Walter Scott a certain claim or improvement adjoining the i)lace of Dr. J. S. Fuller 54 MEMOEIAL OB" THE DELAWARE INDIANS. on the north and adjoining iny farm on the south and frontinp; on Tahlequah road and running back to branch and consisting of twenty-four acres. Thf same belong- ing to claim originally made by myself. I do hereby guarantee title of same. (Signed) ' Wm. P. Ross. Witness: R. M. Walker. Transferred to R. C. Adams this 3rd day of Dec, 1896. (Signed) Walter Scott. Recorded in Book A, record of improvements, page 142, Dec. 24, 1896. T. Jay Thornton, Deii. Clk:, III. DisL, C. X. Bill of Sale. James S. Fuller and Rosa L. Fuller to R. C. Adams. Recorded, Book A, record of improvements, page 142, Dec. 24, 1896. T. Jay Thornton, Dep. Clk., 111. Dist., C. N. Fort Gibson, Illinois District, Cherokee Nutiun, Ind. T. Know all men by these presents, that we, James S. Fuller and Rosie L. Fuller, citizens of the ("herokee Nation, for and in consideration of the sum of two hundrecl dollars ($200), the receipt of which is hereby acknowledged, do this day bargain, sell, and by these presents convey and deliver to R. C. Adams, a citizen of the Cherokee Nation, all our rights, title and interest in and unto a certain tract of land lying on the north side of the Tahlequah and Fort Gibson road, consisting of about fifteen acres or more, and bounded as follows: On the east by the tract of land lately belonging to William Ross and now belonging to the said R. C. Adams; on the south by the Tahlequah and Fort Gi])son road; on the west by a staked line running i^ar- allel with the section line, and on the north by Corrall Branch, to have and to hold, all and singular the said tract of land and improvements hereby conveyed, with all the rights and privileges and appurtenances thereto belonging or in any wise apper- taining unto the said R. C. Adams, his heirs and assigns, forever. In witness whereof, we have hereunto subscribed our names and affixed our seals this, the 8th day of December, 1896. J. S. Fuller. [seal.] Mrs. R. L. Fuller, [seal.] F. P. Nash, Witness. L. R. Nash, Witness. Bill of sale. James S. Fuller and Rosie L. Fuller, to R. C. Adams. Recorded on Book A, record of improvements, page 140, December 24, 1896. T. Jav Thornton, Dep. Clk., 111. Dist, Cherokee Nation. " • Fort Gibson, Illinois District, Cherokee Xatioii, Ind. T. Know all men by these presents, that we, James S. Fuller and Rosie L. Fuller, citizens of the Cherokee Nation, for and in consideration of the sum of four hundred dollars ($400), the receipt of which is hereby acknowledged, do this day liargain, sell, and by these present convey and deliver to R. C. Adams, a citizen of the Cher- okee Nation, all our rights, titles, and interest in and unto all the land on the south side of Fort Gibson and Tahlequah road, leaving a space of 66 feet between our fence and the said line of said tract of land hereby conveyed to R. C. Adams. Said tract of land lying between Charlie Willey's, Florine Nash's, and the Tahlequah and Fort Gibson roacl that runs by the National Cemetery, and consisting of about forty or more acres, to have and \o hold, all and singular, the said tract of land and the imiirovements hereby conveyed, with all the rights and privileges and appurtenances thereto belonging or in any wise appertaining, unto the said R. C. Adams, his heirs and assigns, forever. In witness whereof, we have hereunto subscribed our names and affixed our seals this, the second day of November, 1896. James S. Fuller. [seal.] Mrs. Rosa L. Fuller, [seal.] William Clark, Witness. MEMORIAL OF THE DELAWARE INDIANS. 55 Bill of sale. Know all men by these presents, that for and m consideration of the sum of four hundred dollars in hand paid by E. C. Thompson, the receipt of which is hereby acknowledged, we hereby sell, convey, and by these presents deliver to the said E. C. Thompson the following described real estate, to wit: Forty acres of land situated in the Cherokee Nation, on the north side of the Tahlequah road and on the west side of my present residence, one string being fenced parallel with the said road, the north string and west string to be set in posts by W. P. Ross. This laud is bounded on the east by the claim of W. P. Ross, bounded on the north by claim of Wm. Davis, bounded on the west by claim of Walter Scott, and bounded on the south by claim of C. AV. Willie, containing forty acres more or less, but should described land not contain forty acres the said VV. P. Ross is to pay at the rate of ten dollars per acre to said E. C. Thompson to cover said forty acres, or furnish a sufficient amount of land adjoining said tract to make forty acres, the title to which we guarantee to be free from all claims and we warrant and defend against all claims whatsoever. This 9th day of April, 1895. Wm. P. Ross. Maud W. Ross. Attest: John Watkins. Tahlequah, Ixd. T., Nov. SO, 1896. Transferred to R. C. Adams for value received, $250. (Signed) J. Thompson, For E. C. Thompson. Bill of sale. Alfred Smith to R. C. Adams. Dec. 9th, 1896. Recorded Book A, record of improvements, page 143, Dec. 24, 1896. T. Jay Thornton, Dep. Clk., L D., C. N. Fort Gibson, Illinois District, Cherokee Nation, Lid. T.: Know all men by these presents that I, Alfred Smith, a citizen of the Cherokee Nation, for and in consideration of the sum of twenty-five dollars (|25), the receipt of which is hereby acknowledged, do this day bargain, sell, and by these presents convey and deliver to R. C. Adams, a citizen of the Cherokee Nation, all my right, title, and interest in and unto a certain tract of land lying on the south side of the Tahlequah and Fort Gibson road, consisting of about two or more acres, and bounded as follows: Gn the east by R. C. Adams' fence that runs in a line with Florine Nash's fence, on the south by Florine Nash's fence, and on the west by a parallel line running in line with the section line and seventy-two feet west therefrom; to have and to hold all and singular the said tract of land and appurtenances thereto belonging or in any wise appertaining unto the said R. C. Adams, his heirs and assignees forever, the title to which I hereby guarantee and guarantee to defend against any and all claimants whatsoever. In witness whereof I have hereunto subscribed mv name and affixed my seal this the 9th day of December, 1896. [seal.] " Alfred (his x mark) Smith. Wm. Clark, Witvess. J. W. Duncan, Witne.ss. Bill of sale. Know all men l^y these presents that we, Wm. P. Ross and Maud W. Ross, his wife, for and in consideration of the sum of three hundred and ninety dollars (S390) in hand paid, do hereby grant, bargain, and sell, and by these presents have granted, bargained, and sold to William Hendricks, of the town of iNIanard, Indian Territory, and a citizen of the Cherokee Nation, the following-described premises, to wit: One certain improvement on the Tahlequah road, one and one-half miles northeast of the town of Fort Gibson to the north and adjoining the farm of Wm. P. Ross, con- sisting of sixty-five acres, more or less, under fence, to have and to hold the same 56 MEMORIAL OF THE DELAWARE INDIANS. unto tlir said William lU'iidricks, his heirs, executors, administrators, and assigns forever. The title to which we jiiiarantee to defend. In witness whereof we have hereunto signed our names and atlixeii our seals on the first day of Fel)ruary, 1896. (Signed) Wm. I*. Ross. (Signi'd) Maid W. Ross. ■Attest. T. .Iav Thornton, [skal.] Ih'p. Clk., Ill DifiL, Clwrob'e Nation. Transferred to K. C Adams on this the lOth day of Jul}', 1897. (Signed) W. H. IIendkicks. (Signed) Ann PvLiza Hendkkks. This certilies that tlie above hill of sale is recorded on page 151, "Record of improvements" of 111. Dis., Cherokee Nation. This July 15, 1897. (Siifiied) T. Jay Thornton, [seal.] J>ep. CIL, 111. Disf., C. N. Bill of sale. William Ross and Maud Ross to Richard C. Adams. Rec()rded Book A, recoi'd of improvements, page 143, Dec. 24, 1896. T. Jay Thornton, Dep. Clk., I. D., (;. N. Fort (iinsox, Illinois District, Clierolre Nafiov, Lid. T.: Know all men by these presents that we, William Ross and Maud Ross, citizens of the Cherokee nation, for and in consideration of the sum of one hundred and fifty dollars ($150), the receij)! of which is herel)y acknowledged, do this day bargain, sell, aiul by these presents deliver to R. C. Adams, a citizen of the C'lierokee Nation, all our rights, titles, and interest in and unto a tract of land c(msisting of about 18 acres, lying on the nortli side of the Tahkuiuah ami Fort (iibson road that runs by the national cemetery, and bounded as follows: On the north by the Corrall Branch, on the west by the tract of land lately belonging to Johnson Thomi)son, and now belonging to the said R. C. Adams, on the south by theTahlaquah and Fort (iibson road, and on the east l)y the section line and running on same; to have and to hold, all and singular, the said tract of land and improvements here))y conveyed, with all the rights and ])rivileges and appurtenances thereto belonging, or in any wise ap])ertaining unto the saiy tliese ])resents deliver to the said Richard (J. Adams, his heirs and assigns, forever, the following lands situ- ated on the east side of W'rdigris River, in the Indian Territory, Cooweescoowee distrii't, Cherokee Nation, to wit: NW. \ of section 14, south \ of section 15, south half of NW. -\ sect. 14, N. \ sec. 15, 37 acres in the south half of NW. \ sect. 15, containing 757 a., more or less, all in township twenty-fmir, range sixteen. To have and to hold the same unto the said Richard C. Adams and unto his heirs and assigns forever, together with all improvements thereon and rights, privileges, and inuuunities thereto a])iK^rtaining. And I do hereby covenant with the said Richard C. Adams that I will forever warrant and defend the title to said lands against all claims whatsoever. And I, Ella Bibles, wife of said Louis Bibles, for and in consideration of the said sum of money and for divers good and valuable consideration, do hereby release and reliiKiuish unto the said Richard C. Adams, his heirs and assigns, alf my right of dower and homestead in and to said land. In witness whereof we have hereunto set our hands and seals this 29th day of .August, 1899, at Alluwe, Ind. T., in the presence of H. M. Adams and E. Byrd, wit- nesses hereto. Louis Bibles. Ella Bibles. "\Mtnesses: H. M. Adams. Ed Byrd. MEMORIAL OF THE DELAWARE INDIANS. 59 Chelsea, Ixd. T., Xorthern District, ss: Be it remembered that on this day came before the undersigned, a notary public within and for the district aforesaid, duly commissioned and acting, Louis Bibles, to me well known as one of the grantors in the foregoing deed, and acknowledged that he had executed the same for the consideration and purposes therein mentioned and set forth. And on the same day also appeared before me the said Ella Bibles, wife of the said Louis Bibles, to me well known, and, in the absence of her husband, declared that she had, of her own free will, signed and sealed the relinquishment of dower and homestead rights to the foregoing deed, for the consideration and purposes therein mentioned and set forth, without compulsion or undue influence of her said husband. Witness my hand and seal as such notary public this 29th day of August, 1899. [seal.] Edward Byrd, Notary Public in and for Northern Dv^trict, Ind. Ter. (My com. exp. Feb. 27th, 1900.) Washington, D. C, March 29th, 1899. Know all men by these presents that I, John R. Mcintosh, a citizen of the Chero- kee Nation, for and in consideration of the sum of one dollar (!?1) and other valua- ble considerations, do this day bargain, sell, and by these presents deliver to Richard C. Adams, a Delaware Indian and a citizen of the Cherokee Nation, residing at Fort Gibson, Indian Territory, two hundred and forty acres (240) of land and all the improvements thereon, situated in the forks of Dromgoole and Coal creeks, in Coo- weescoowee district, Cherokee Nation. Said two hundred and forty acres of land is bounded as follows: On the north by improvements held and owned by John Grass Mcintosh; on the west by improvements held and owned by Widow Tom Terrill; on the south by improvements held and owned by Mack Taylor; and on the east by improvements held and owned by myself, John R. Mcintosh; also described as the northwest quarter of section 32 (160 acres), and north half of southwest quarter of section 32, both township 24 N., range 17 east, to have and to hold all the improve- ments, rights, and immunities appertaining thereto. And I hereby agree to warrant and defend the title to the said 240 acres to Richard C. Adams, his heirs and assigns, against any and all claimants whomsoever. In witness whereof I hereunto affix my hand and seal this the twenty-ninth day of March, eighteen hundred and ninety-nine, in presence of witnesses hereto attached. (Signed) John R. McIntosh. [seal.] Charles G. Shoemaker, Witness. Mary J. Baldwin, Wityiess. (Revenue stamp, $3.) District of Columbia, to rvit: On this 29th day of March, A. D. 1899, personally appeared before me John Mcintosh, to me personally known to be the person w'hose name is signed to the foregoing deed and acknowledged the same to be his free act and deed. Given under my hand and seal the day and year hereinbefore written. (Signed) Charles G. Shoe.maker, Notary Public. . Washington, D. C, March 29th, 1899. Know all men by these presents, that I, John R. Mcintosh, a citizen of the Cher- okee Nation, for and in consideration of the sum of one dollar (.$1 ) and other valuable considerations, do this day bargain, sell, and by these presents deliver to Richard C. Adams, a Delaware Indian and citizen of the Cherokee Nation, and resident at Fort Gibson, Indian Territory, two hundred and forty acres (240) of land and all the improvements thereon, situated on the forks of Dromgoole and Coal Creeks, in Coo- weescoowee district, Cherokee Nation. Said two hundred and forty acres of land is bounded as follows: On the north by improvements held and owned by John Grass Mcintosh; on the west by improvements held and owned by Widow Tcnu Terrill; on the south by improvements held and owned by Mack Taylor, and on the east by improvements held and owned l)y myself, John R. 3IcIntosh — also described as the northwest quarter of section 32 (i60 acres) and the north half of southwest (juarter ()() MEMORIAL OF THE DELAWARE INDIANS. of section 32, ))otli town.^hip 24 N., rano;e 17 east — to have and to hold all the improve- ments, rights, and immunities appertaining thereto. And I hereby agree to warrant and defend the title to the said 240 acres to Richard C. Adams, his heirs and assigns, against any and all claimants whomsoever. And for the considerations aforesaid, and for divers other good and valuable con- siderations, T, Maria L. Midntosh, wife of John R. Mcintosh, do hereby release and quitclaim imto the said Richard C. Adams, his heirs and assigns, all my right, claim, or possibility of dower in or out of the afore-descrilied premises. In witness whereof we hereunto affix our hands and seals this the twenty-ninth day of March, eighteen hundred and ninety-nine, in ^jresence of witnesses hereto attached. John R. McIntosh. Maria L. McIntosh. D. . 1867, to the extent of 160 acres per capita of said living registered Delawares. sa: ■ 160 acres to contain, as far as may be, the principal improvements of said livi; ^ registered Delawares. "Second. Of lauds shown to have been selected ]>y a deceased registered Delawa: under said treaty of April 8. 1867, to the extent of 160 acres per capita of land - selected and occupied and which is found now to be in the possession of a descendant of such deceased registered Delaware, said land to contain, a^ far as may be, the principal improvements of said deceased registered Delaware. "Third. Of pubfic land, in addition to the foregoing, sufficient to make up a total of 157.600 acres for this segregation. "The connnissioner in charge of the Cherokee land office is directed to prepare a list of the foregoing lands as soon as possible and to report to the Commission. "And on December 23 the Commission adopted the following resolution: " 'Re-sohed, That after hearing argument in regard to making the Delaware segre- gation the Commission concludes not to change the instructions heretofore given in regard thereto. The lands of the pu]:»lic domain placed in said segregation shall be. as far as possible, such as will not serve as a means of excess land holding by indi- viduals for their personal profit.' " These resolutions reflect clearly the Commission's view of the law respecting 1 1 making of the Delaware segregation. Even if ^Ir. Adams's present contention as his lands is correct — that he bought them for his clients, the Delawares — it sti;) remains that each piece of land would have to come under the foregoing rules, and it seems clear to me that my instructions would exclude possibly all of it from the \\>t I am directed to submit to the Commission. I do not enter upon other features of the case, such as the power of the Commi>- sion to make such an arrangement, the effect of incumbrances upon the land, anl the inevital)le perver,e contrary to what I am directed t' > recognize as lawful, except in so far as he may be able to show selections in which MEMOKIAL OF THE DELAWARE INDIANS. 63 he is personally interested as a registered Delaware or as an heir of a registered Dela- ware, to the extent of 160 acres of land per capita, as laid down in the resolution. Respectfully, C. R. Breckixridge, Commissioner in Charge Cherokee Land Office. Hon. James K. Jones, WasJtington, D. C. Exhibit 22. Commission to the Five Civilized Tribes, Tahlequah, Lid. T., December 26, 1903. Dear Sir: I am in receipt of your letter of the 2.3d instant in regard to the position of the Commission concerning the selection of land for the Delawai'e segregation. For convenience of reference, I insert the instructions under which this Office is acting, and then I will reply to your statements in the order in which you present them. [Resolutions of December 10, 1903.] "Resolved, That the Delaware segregation shall consist — "First. Of lands shown by the records of the Commission to be selected and occu- pied by living registered Delawares, in accordance with the treaty of April 8, 1867, to the extent of 160 acres per capita of said living registered Delawares, said 160 acres to contain, as far as may be, the princijial improvements of said living regis- tered Delawares; "Second. Of lands shown to have been selected by a deceased registered Delaware under said treaty of April 8, 1867, to the extent of 160 acres per capita of land so selected and occupied, and which is found now to be in the possession of a descend- ant of such deceased registered Delaware, said land to contain, as far as may be, the principal improvements of said deceased registered Delaware; "Third. Of public laud, in addition to the foregoing, sufficient to make up a total of 157,600 acres for this segregation. " The commissioner in charge of the Cherokee land office is directed to prepare a list of the foregoing lands as soon as possible and to repoi't to the Commission." [Resolution of December 22. 1903.] "Resolved, That after hearing argument in regard to making the Delaware segrega- tion, the Commission concludes not to change the instructions heretofore given in regard thereto. The lands of the public domain placed in said segregation shall be as far as possible such as will not serve as a means of excess land holdings by indi- viduals for their personal jirofit." Your first statement is as follows: " 1 understood you last night to say in my conversation with you that the position of the Commission is that no land held, occupied, or improved by any descendant of a registered Delaware shall be included under any circumstances in the Delaware segregation unless it was shown that such land has been occupied by a registered Delaware and was held by a complete chain of title as to improvements, of course, from said original registered Delaware to the present holder." The foregoing is partly right and partly wrong. Under section 2.3 of the last Cherokee agreement it is directed that — " * * * the Commission shall cau.se to be segregated one hundred and fifty- seven thousand six hundred acres of land * * * ." It is further directed that such segregation shall include — " * * * lands which have been selected and occupied by Delawares in con- formit}^ to the provisions of their agreement with the Cherokees dated April eight, eighteen hundred and sixty-seven * * * ." This office considers its instructions clear that onh- land " selected and occupied " by living or deceased registered Delawares has been selected and occupied " in con- formity to the provisions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty-seven." The instruction is deemed e(inally clear that such land could only be so selected and occupied by said registered Delawares to the extent of 160 acres per capita. Therefore, as to the category of "selected and occupied" Delaware land, no descend- ant, not himself a registered Delaware, is deemed to have a right to designate land 64 MEMORIAL OF THE DELAWARE INDIANS. for that classification, unless he holds land as a claimant thronjjh one or more deceased registered Delawares. That is deemed the limit of his right as respects the making of the segregation. If he has any special right as a Delaware, it is as respects the making of the segregation, protected as may be in the land taken from the public domain for the completion of the recjuired 157,600 acres. I do not feel that I am called upon to look closeh' into there being "a complete chain of title." I consider, however, that there must be evidence of continued possession. The succeeding part of your letter is as follows: "I also understood you to say that it was the intention of the Commission after ascertaining what lands had been taken possession of by original Delawares and con- tinuously held as indicated above, that all the remainder of the proposed segregation of 157,600 acres would be selected out of the public domain and include only such lands as were unimjiroved and unclaimed by any Cherokee, and that any lands held by any descendant of a registered Delaware, which had not been originally taken up by a registered Delaware and continuously held as suggested above, would be excluded from said segregation absolutely and would become a part of the public domain, subject, as I infer, to occupation by Cherokee Indians but not open to occu- pation by a Delaware, not even the man who has lived on it for years and imj)roved it, unless it is claimed by him under his rights as a Cherokee; that no such land will in any event be included in the segregation. Please let me know if in the above I understood you correctly, and if not, wherein I misunderstood you and what the exact position of the Commission is as to lands which are held and have been improved by Delaware Indians, descendants of registered Delawares, but which lands were never held, so far as the records of the Commission show, by an original registered Delaware. "I respectfully request an answer at your early convenience to the above." The foregoing is suV)stantially replied to in what has been said in connection with the earlier part of your letter. As far as making this segregation is concerned, lands held by a descendant of a registered Delaware and not derived as a descendant from a registered Delaware are not deemed to " have been selected and occupied by Delawares" (a Delaware) "in conformity to the provisions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty-seven," which is the rule laid down in the law directing the making of the segregation. That is the way I construe my instructions, and it is the way I am making up the list for the Commission to pass upon. So far as the Commission is concerned, as at present informed and in the absence of any contrary instructions, this claimant, if he individually holds land not as herein set forth, is deemed an excess landholder, with no right to seek cover under the Delaware segregation. If he so holds much land he is deemed only to have enjoyed the use of an excess of land, and must now yield it up, having a special right, if any, only in the reserved part of the public domain, as the court may decide. In conclusion I will say that I consider it within the spirit of my instructions to offer of the public domain, good average land, if such can be had without jiractically aiding and abetting excess land holdings by individuals. So far I do not find much, if any, of the better i)artof the remaining public domain so situated, and so I am pre- paring to recommend to the Connnission the cheaper parts of the public domain, when that has to be drawn upon, as the only availal)le means of com])leting the segregation without, in effect, conniving at very gross violations of law in other par- ticulars. There is no evidence that the Delawares, acting under their agreement of 1867, ever "selected and occupied" land except as individuals, settling somewhat indis- criminately among the Cherokees, and hence the inclusion of such land now is of necessity limited to the evidence of such former individual selections. Respectfully, C. R. BllECKEXRIDCiE, ('onuiiis.sioner in Charge Cherokee iMvd Office. Hon. J.\MEs K. Jones, WasJiingion, 1). C. ExniHiT 23. UNrrEU States of Americ.\, Indian Territory, office of tlie clerk of (he court i if appeals. I, AVilliam P. Freeman, cli-rk of the United States court of appeals in the Indian Territory, do hereby certify that the annexed six pages contain a true, complete and MEMORIAL OF THE DELAWARE INDIANS. 65 full copy of the articles of association and certificate of the board of directors of Internatic^nal Bank and Trust Company, of Vinita, Indian Territory. (Endorsed:) "Filed in the office of the clerk of the United States court of appeals in the Indian Territory this 11th day of February, A. D. 1903," as appears by com- paring the same with the original roll of said articles of association and certificate now on tile in this office. In testimony whereof I have hereunto set my hand and affixed my seal at the city of South McAlester, Indian Territoiy, this 3rd day of October, A" D. nineteen hundred and three (1903). [seal.] Wm. p. Freeman, Cleric U. S. Court of Appeals, I. T. Articles of agreement and incorporation of the International Bank and Trust Company. Know all men by these presents: That the corporators hereinafter named have this day and by these presents formed a corporation under and in pursuance of an act of Congress approved Febru- ary 18th, 1901, entitled "An act to put in force in the Indian Territory certain provi- sions of the laws of Arkansas relating to corporations, and to make said provisions applicable to said Territory," which said act provides for incorporations for manufac- turing and other lawful business purposes in the Indian Territory, and in evidence thereof do hereby execute the following articles of incorporation. First. The name of said corporation shall be International Bank and Trust Company. Second. The corporators are H. J. Hamlin, Alfred Orendorff, J. VV. Orr, Thomas B. Needles, Charles A. Davidson, John G. Drennan, Edward L. Merritt, Isaac B. Craig, and Isaac N. Perry. Third. The place of business is to be located at Vinita, Indian Territory, and its office for transaction of business shall be in Vinita, Indian Territory, or at such other place as the board of directors may select. Fourth. The general nature of the business proposed to be transacted by this corporation is: To act as agent, trustee, assignee, executor, administrator, guardian, receiver, or other personal or legal representative when designated by any person, copartnership, corporation, or court so to do; to do a general fiduciary and depository business; to act as surety and guarantor of the fidelity of employees, trustees, executors, admin- istrators, guardians, receivers, assignees, or others appointed to or assuming the per- formance of any trust, public or private, under appointment by any court or tribu- nal, or under contract between private individuals or corporations; also on any undertaking bond or bonds which may be required to be filed in any judicial pro- ceeding; to act as executor or testamentary guardian when designated as such by will or by act as administrator or guardian when appointed by any court or judicial officer or bodj' having jurisdiction; to do a general banking business; to receive deposits payable on demand; to receive time deposits on which interest may be allowed at such rate as agreed ; to buy and sell, exchange, and to do all such other things as are necessary in conducting a general banking business; to hold, buy, sell and mortgage real estate and personal property, and to deal in, buy, and sell all kinds of government, state, municipal, and other bonds, and all kinds of negotiable and nonnegotiable paper, stocks, investments and other securities; to furnish abstracts of titles to all forms of realty and to guarantee title of all kinds; to conduct a general business of transferring, registering, and countersigning certificates of stock, bonds, or other securities and evidences of indebtedness; to furnish space and facilities for the safe keeping of papers and valuables capable of being cared for by the company, and to receive deposits and safeguard the same; and it shall have poAver to do all lawful things appropriate or necessary to the accomplisliment of all the aforesaid purposes. Fifth. The amount of capital stock of said corporation shall be one hundred thou- sand dollars, of which one hundred thousand dollars has been subscribed b}^ the corporators aforesaid, and the residue thereof may be issued and disposed of as the board of directors may from time to time order and direct. Sixth. The capital stock shall be divided into four thousand shares of the value of $25 each. Seventh. The affairs and business of the corporation shall be conducted and con- trolled by a board of directors consisting of seven members, all of whom shall be stockholders of the corporation. Said boArd of directors shall elect one of its mem- bers as president and one of its members as vice-president, and shall also elect a secretary and treasurer. Eighth. The first election of directors shall be held immediately after the organi- S. Doc. 58 .5 QQ MEMORIAL OF THE DELAWARE INDIANS. zation of the corporation, and said directors shall serve for one year, and until their successors are elected. Ninth. The board of directors are empowered to ordain and establish all by-laws and re.iiulations necessary to the management and Inisiness of said corporation, and alter and repeal same at pleasure. Tenth. The first meeting of said corporators for organization shall be held in Chi- cago, Illinois, at the office of Palmer House, at three o'clock p. m., on the 4th day of February, 190o. The subscribers hereto here))y waive notice of said meeting. In testimonv whereof, we have hereunto set our hands on this the fourth day of Februarv, 1903. Alfred Orendorff. Isaac B. Oraig. H. J. Hamlin. J. W. Orr. Edward L. Merritt. Charles A. Davidson. John G. Dkexnan. Isaac N. Terry. T. B. Needles. CERTIFICATE. AVhereas H. J. Handin, Alfred Orendorff, J. W. Orr, Thomas B. Needles, Charles A. Davidson, Juhn (t. Drennan, Edward L. ^Nlerritt, Isaac N. Craig, and Isaac N. Perry have associated themselves together as a body politic and corporate, to be known as International Bank and Trust Company. And whereas the said corporators, being the subscribers to the capital stock of the said corporation, have waived the fifteen days' notice as required by law, and called a meeting for organization to be held in Chicago, Illinois, at the office of Palmer House, at three o'clock p. m., on the fourth day of February, 1903; Whereas at the time and place above set out a meeting of the subscribers afore- said was held to organize said corporation and elect seven directors. And, Whereas at said meeting the following-named persons were elected directors, to wit: H. J. Hamlin, Alfred Orendorff, Tlaomas B. Needles, J. W; Orr, Charles A. Davidson, John C Drennan, and Isaac N. Perry. Whereas at a meeting of the said board of directors Alfred Orendorff was elected president, and J. W. ( )rr and Thomas B. Needles were elected vice-presidents, nnd Charles A. Davidson was elected secretary and treasurer. Now, therefore, the said Alfred Orendorff as president, and the said H. J. Han, Alfred Orendorff, Thomas B. Needles, J. W. Orr, Charles A. Davidson, John Drennan, and Isaac N. Perry as directors, do, in pursuance of law, issue this ti certificate, verified by their oaths, and do hereby certify as follows: First. Said corj)oration is formed for the purpose of transacting the follow business: To act as agent, trustee, assignee, executor, administrator, guardian, receiver, other personal or legal re]>resentative when designated by any person, copartnersh corporation, or court so to do; to do a general fiduciary and depository business; act as surety and guarantor of the fidelity of employees, trustees, executors, admin trators, guardians, receivers, assignees, or others appointed to or assuming the p( formance of any trust, public or private, unfler appointment l)y any court or tribuni or under contract between private individuals or corporations: also on any unde. taking, bond or bonds, which may be recjuired to be filed in any judicial proceediiij. to act as executor or testamentary guardian when designated as such by will or to ac*^ as administrator or guardian when apiiointed by any court or judicial officer or bod> having jurisdiction; to do a general l)ankiiig business; to receive deposits })ayable o" demand; to receive time dejtosits, on which interest may be allowed at such rate a agreed; to buy and sell exchange and to do all such other things as are necessary iii conducting a general l)anking business; to hold, l)uy, sell, and mortgage real estat( and personal property, and to deal in, buy, and sell all kinds of Government, State, municipal, and other bonds, and all kinds of negotiable and nonnegotiable paper, stocks, investments, and other securities; to furnish abstracts of titles to all forms of realty and to guarantee titles of all kinds; to conduct a general business of trans- ferring, registering, and countersigning certificates of stock, bonds, or other securi- ties and evidences of indebtedness; to furnish spare and facilities for the safe-keeping of papers and valuables callable of being cared for by the company and to receive deposits and safeguard the same; and it shall have jiower to do all lawful things appropriate or necessary to the accomplishment of all the aforesaid purposes. MEMORIAL OF THE DELAWARE INDIANS. 67 Second. Its cai:)ital stock is one hundred thousand dollars, divided into shares of $25.00 each. Third. Twenty-five thousand dollars of said capital 'stock have been actuallj' paid in by the subscribers thereto. Fourth. The names of the stockholders and the number of shares owned by them, respectiA'ely, is as follows: Number of shares. Alfred Orendorff 600 Jas. ^y. Orr 1, 000 H. J. Hamlin 800 Isaac N. Perry 400 Isaac B. Craig ■ 400 John G. Drennan 200 Thomas B. Needles 200 Charles A. Davidson 200 Edward L. Merritt 200 In testimony whereof the said Alfred Orendorff, president of said corporation, and H. J. Hamlin, Thomas B. Needles, J. W. Orr, Charles A. Davidson, John G. Drennan, and Isaac X. Perry, a majority of the board of directors of said corporation, have hereunto set their hands on tjiis fourth day of February, 1903. Alfred Orendorff, President. John G. Drennan, J. W. Orr, Isaac N. Perry, H. J. Hamlin, Directors. United States of America, State of Illinois, Cook County, ss: Alfred Orendorff, Isaac N. Perry, J. W. Orr, John G. Drennan, and H. J. Hamlin, on their oaths say that the matters and things in the foregoing certificate set out are true to the best of their knowledge and belief. Alfred Orendorff. Isaac N. Perry. J. W. Orr. John G. Drennan. H. J. Hamlin. ''Subscribed and sworn to before me, this the 5th day of February, 1903. In testimony whereof I have hereunto set my my hand and seal of office. [seal.] Francis V. Putman, Notary Public. Exhibit 24. xiTED States of America, Indian Territory, office of the Clerk of the Court of Appeals: I, William P. Freeman, clerk of the LTnited States court of appeals in the Indian jlerritory, do hereby certify that the annexed six pages contain a true, complete, and ■^full copy of the articles of association and certificate of the board of directors of A^Tishomingo Loan and Trust Company, of Tishomingo, Indian Territory. ' (Endorsed:) "Filed in the office of the clerk of the United States court of appeals ^ in the Indian Territory this 27th day of June, A. D. 1903." As appears by comparing '' the same with the original roll of said articles of association and certificate now on '"file in this office. ^' In testimony whereof I have hereunto set my hand and affixed my seal, at the city oration, and said directors sliall serve for one year and until their successors are elected. Ninth. The board of directors are empowered to ordain and establish all Ijy-laws and regulations necessary to the management and business of said corporation, and alter and repeal the same at pleasure. Tenth. The first meeting of said corporators for organization shall be held in Tisho- mingo, Indian Territory, at the office of First National Bank, at three o'clock p. m., on the 24th day of June, 1908. The subscribers hereto hereby waive notice of said meeting. In testimonv whereof we have hereunto set our hands on this the 24th dav of June, 1903. J. J. Downey. W. M. Lucas. J. A. Orendorff. A. B. DuxLAP. P. T. FOLEV. CERTIFICATE. Whereas J. J. Downev, Tishomintio, I. T. ; J. A. Orendorff, Tishomingo, I. T. ; AV. \r. Lucas, Tishomingo, I. T.; A. B. Dunlap, Holdenville, I. T., and P. T. Foley, Parsons, Kas., have as.sociated themselves together as a body politic and corpi irate, to be known as Tishomingo Loan and Trust Company; And whereas the said corporators, being the subscribers to the capital stock of said corporation, have waived the fifteen days' notice as required by law, and called a meeting for organization to be held in Tishomingo, I. T., at the office of First National Bank, at 8 o'clock p. m. on the 24th day of June, 1903; Whereas at the time and place above set out, a meeting of the subscribers afore- said was held to organize said corporation and elect seven directors; and Whereas at said meeting the following-named jiersons were elected directors, to wit: W. E. Stanley. Wichita, Kas.; P. S'. Moseley, Tishomingo, I. T.; P. T. Foley, Parsons, Kas.; A. B. Dunlap, Holdenville, I. T. ; W. M. Lucas, Tishomingo, I. T. ; J. J. Downey, Tishomingo, I. T., and J. A. Orendorff, Tishomingo, I. T. ; Whereas at a meeting of the said board of directors, P. T. Foley was elected presi- dent, and W. R. Stanley and P. S. JVIoseley was elected vice-president, and John A. Orendorff was elected secretary, and James J. Downey was elected treasurer: Now. therefore, the said P. T. Foley, as iiresident, and the said J. J. Downey, J. A. Orendorff, \V. yi. Lucas, and A. B. Duidap, as directors, do, in pursuance of law, issue this their certificate, verified by their oaths, and do hereby certify as follows: MEMORIAL OF THE DELAWARE INDIANS. 69 First. Said corporation is formed for the purpose of: To act as agent, trustee, assignee, executor, administrator, guardian, receiver, or other personal or legal representative, when designated by any person, copartnership, corporation, or court so to do; to do a general fiduciary and "depository business; to act as surety and guarantor of the fidelity of employees, trustees, executors, adminis- trators, guardians, receivers, assignees, ur others appointed to or assuming the per- formanceof anj' trust, public or private, under appointment by any court or tribunal, or under contract between private individuals or corporations, also on any under- taking, bond, or bonds which may be required to be filed in any judicial proceed- ing; to act as executor or testamentary guardian, when designated as such by will or by act as administrator or guardian, when appointed by any court or judicial officer or body having jurisdiction; to do a general banking business; to receive deposits pay- able on demand; to receive time deposits on which interest may be allowed at such rate as agreed; to buy and sell exchange, and to do all such other things as are neces- sary in conducting a general banking liusiness; to hold, buy, sell, and mortgage real estate and personal projaerty, and to deal in, buy, and sell all kinds of Government, State, municipal, and other bonds, and all kinds of negotiable and nonnegotiable paper, stocks, investments, and other securities; to furnish abstracts of titles to all forms of realty, and to guarantee title of all kinds; to conduct a general business of transferring, registering, and countersigning certificates of stock, bonds, or other securities and evidences of indebtedness; to furnish space and facilities for the safe- keeping of papers and valuables capable of being cared for by the company, and to receive deposits and safeguard the same; and it shall have power to do all lawful things appropriate or necessary to the accomplishment of all the aforesaid purposes. Second. The capital stock is fifty thousand dollars, divided into shares of $25.00 each. Third. Six thousand and six hundred een actually paid in by the subscribers hereto. Fourth. The names of the stockholders and the number of shares owned by them, respectively, is as follows: No. of shares. P. T. Folev 200 W. F. Stanley 200 P. S. Moselev 200 E. Jewett ..1 200 A. B. Dunlap 200 W. M. Lucas 200 J. J. Downev 80 J. A. Orendorff 80 In testimony whereof the said P. T. Foley, president of said corporation, and J. J. Downey, J. A. Orendorff, W. M. Lucas, and A. B. Dunlap, a majority of the board of directors of said corporation, have hereunto set their hands on this 24th day of June, 190.3. P. T. Foley, Preiiidcnf. J. J. Downey, J. A. Orendorff, W. M. LrcAS, A. B. DrxLAP, Directors. United St.vtes of America, Indian Temtory, Soiithern D^drict, .s.s.- On this 24th day of June, 1903, personally appeared before me, a notary public of the above-named district, J. J. Downey, J. A. Orendorff, \V. M. Lucas, A. B. Dunlap, and P. T. Foley, on their oaths say that the matters and things in the foregoing cer- tificate set out are true to the best of their knowledge and belief. J. J. Downey. J. A. Orendorff. W. M. LuoAs. A. B. Dtnlap. P. T. Foley. Subscribed and sworn to before me this the 24th day of June, 1903. In testimonj' whereof I have hereunto set my hand and seal of office. [seal.] W. C. Rudisill, Notary Public. 70 MEMORIAL OF THE DELAWARE INDIANS, Exhibit L'o. United States of America, fiidian Territory, office of the clerk of the court of appeals: I, William P. Freeman, clerk of the United States court of appeals in the Indian Territory, do hereby certify that the annexed seven pages contain a true, complete, and fuU'coiJy of the articles of association and certificate of the board of directors of Canadian Valley Trust Company, of ^Muskogee, Indian Territory. (Endorsed:) " Filed in the office of the clerk of the Cnited States court of appeals in the Indian Territory this 9th day of JNIarch, A. D. 1903," as appears by compar- ing the same with the original roll of said articles of association and certificate now on file in this office. In testim<;iny whereof I have hereunto set my hand and affixed my seal at the city of South McAlester, Indian Territory, this 3rd day of October, A. D. nineteen hundred and three (1903). [seal.] Wm. p. Freeman, Clerk U. S. Chart of Aj>pe«ls, I. T. ArtirleR of agreement avd incorpomtion of Odiadlan Volley 7V».s/ Cornpari)/. Know all men by these presents: That the corporators hereinafter named have this day and by these presents formed a corporation under and in pursuance of an act of Congress approved Feb- ruary 18th, 1901, entitled "An act to put in force in the Indian Territory certain provisions of the laws of Arkansas relating to corporations, and to make said pro- visions applicable to said Territory," which said act provides for incorporations for manufacturing and other lawful business purposes in the Indian Territory, and in evidence thereof do here1)y execute the following articles of incorporation: First. The name of said corporation shall l)e Canadian \'alley Trust Company. Second. The corporatcjrs are Tams Bixby, Walter S. Dickey, William H. Ludwig, Joseph McCoy, Philip B. Hopkins, C'ortland L. Long, William S. Harsha, William H. Angell, and Elmer W. McClure. Third. The i)lace of business is to be located at Muskogee, Indian Territory, and its office for transaction of business shall be in ^luskogee, Indian Territory, or at such other place as the board of directors may select. Fourth. Tlie general nature of the business proposed to V)e transacted by this cor- poration is to accept and execute all such trusts and perform such duties of every description as may be committeil to it by any person or persons whatsoever or any copartnership or corporation, and generally to have and exercise such powers as are usually had and exercised bj' trust companies. To act as agent for the investment of money for other persons and corporations, and as agent for persons and corporations for the purpose of issuing, registering, trans- ferring, or countersigning the certificates of stock, bonds, or other evidence of debt of any corporation, association, inunici})ality. Territorial, State, or public authority, on such terms as may be agreed upon. To hold, buj', sell, and deal in all kinds of (iovernment, Territorial, State, munici- pal, and other bonds, and all kinds of negotiable and nonnegotiable pajier, stocks, and other investment securities; to loan money upon real estate, personal, and other security, and to execute its notes and debentures, payable at a future date, and pledge its mortgages on real estate and other securities as security therefor. To receive moneys in trust and to accumulate tlie same at such rates of interest as may be obtained or agreed on, or to allow such interest thereon as may be agreelish all by-laws and regulations necessary to the management and business of said corporation, and alter and repeal same at pleasure. Tenth. The first meeting of said corporation for organization shall be held in Mus- kogee, Indian Territory, at the office of Tarns Bixby, at one o'clock p. m. on the 23rd day of February, 1903. The subscribers hereto hereby waive notice of said meeting. In testimony whereof we have hereunto set our hands on this the tenth day of February, 1903. William H. Angell. Elmer W. McClure. Tams Bixby. Walter S Dickey. William H. Ludwig. Joseph McCoy. Philip B. Hopkixs. C'oRTLAXi) L. Long. William S. Harsh a. certificate. Whereas Tams Bixby, Walter S. Dickey, William H. Ludwig, Joseph McCoy, Philip B. Hopkins, Cortland L. Long, William S. Harsha, William H. Angell, and Elmer AV. McClure have associated themselves together as a body politic and corpo- rate to be known as Canadian Valley Trust Comi^any; and Whereas, the said corporators, being the subscribers to the capital stock of said corporation, have waived the fifteen days' notice as required by law and called a meeting for organization, to be held in Muskogee, Indian Territory, at the office of Tams Bixby, at one o'clock p. m. on the 23rd day of February, 1903; and Whereas at the time and place above set out a meeting of the subscribers aforesaid was held to organize said corporation and elect nine directors; and Whereas at said meeting the following-named persons were elected directors, to wit: Tmnt' Bixby, Walter S. Dickev, William H. Ludwig, Joseph McCoy, Philip B. Hop- kins, Cortland L. Long, William S. Harsha, William H. Angell, and Elmer W. McClure. Whereas at a meeting of the said board of directors, Tams Bixby was elected presi- dent, and Cortland L. Long was elected vice-president, and Philip B. Hopkins was elected second vice-president and secretary, and William S. Harsha was elected treasurer. Now, therefore, the said Tams Bixby, as president, and the said Walter S. Dickey, William H. Ludwig, Joseph McCoy, Philip B. Hopkins, Cortland L. Long, William S. Harsha, William H. Angell, and Elmer W. McClure, as directors, do, in pursu- ance of law, issue this, their certificate, verified by their oaths, and do hereby certify as follows: First. Said corporation is formed for the purpose of accepting and executing all such trusts, and performing such duties of every description as may be committed to it by any person or persons whatsoever, or any copartnership or corporation, and generally to have and exercise such powers as are usually had and exercised by trust companies. To act as agent for the investment of money for other persons and corporations, and as agent for persons and c<>rj)orations for the purpose of issuing, registering, transferring, or countersigning the certificates of stock, bonds, or other evidence of debt of any corporation, association, municipality, Territorial, State, or public author- ity, on such terras as may be agreed upon. To hold, buy, sell, and deal in all kinds of Government, Territorial, State, munici- pal, and other bonds, and all kinds of negotiable and nonnegotiable paper, stocks, and other investment securities; to loan money upon real estate, personal, and other security; and to execute its notes and debentures, payaVjle at a future date, and pledge its mortgages on real estate and other securities as security therefor. To receive moneys in trust, and to accumulate the same at such rates of interest as may be obtained or agreed on, or to allow such interest thereon as may he agreed, not exceeding in either case the legal rate; to receive deposits payable on demand; to buy and sell exchange, and to do all such other things as are necessary in conduct- ing a general banking business. 72 MEMORIAL OF THE DELAWARE INDIANS. To buy, rent, sell, lease, and mortgage real estate, to build houses and other structure's thereon, and to otlierwise improve the same. Second. Its capital stock is one hundred thoumnd dollars, divided into shares of 125.00 each. Third. Forty-tire hundred dollars of said capital stock have been actually paid in by the subscribers hereto. Fourth. The names of the stockholders and the number of shares owned by them, respectively, is as follows: No. of shares. Tarns Bixbv 20 Walter S. Dickey 20 William H. Ludwig 20 Joseph :\IcCoy 20 Philip B. Hopkins 20 Cortland L. Long 20 William S. Harsha 20 William H. vVngell 20 Elmer W. McClure 20 In testimony whereof, the said Tarns Bixby, president of said corporation, and Cortland L. Long, William S. Harsha, ^Villiam H. Angell, Elmer W. ]McClure, Joseph IMcCoy, and Philip B. Hojokins, a majority of the board of directors of said corporation, have hereunto set their hands on this 23rd day of Fel)ruary, lOO:-'. Tams Bixby, President. Elmer W. INIcClure, Joseph ]\IcCoy, Philip B. Hopkins, Cortland L. Long, William S. Harsha, William H. Angell, Directors. United States op America, Indian Territory, Western district, ss.: Tams Bixby, Cortland L. Long, William S. Harsha, William H. Angell, f^merW. McClure, Joseph McCoy, and Philip L. Hopkins, on their oaths say that the matters and things in the foregoing certificate set out are true, to the best of their knowledge and belief. Tams Bixbv. Williams. Harsha. William H. Angell. Elmer W. McClure. Joseph McCoy. Philip B. Hopkins. Subscribed and sworn to before me, this the 23rd day of February, 1903. In testimony whereof I have hereunto set my hand and seal of office. [seal.] W. S. Boren, Xotary Puhlic Exhibit 26. United States of America, Indian Territory. Ojfice of the Clerk of the Court of Appeals. I, William P. Freeman, clerk of the United States court of appeals in the Indian Territory, do hereby certify that the annexed four pages contain a true, complete, and full copy of the articles of association and certificate of the board of directors of the Muskogee Title and Trust Company, of Muskogee, Indian Territory. (Endorsed:) "Filed in the office of the clerk of the United States court of appeals in the Indian Territcuy, this 25th day of Fel)ruary, A. D. 1903," as appears by com- paring the same with the original roll of said articles of association and certificate now on file in this office. In testimony whereof I have hereunto set my liand and affixed my seal, at the city of South 3IcAlester. Indian Territory, this .'Jrd day of October, A. D. nineteen hundred and three (1903). [seal.] W.m. p. Freeman, Clerk r. *S'. Court of Appeals, I. T. MEMORIAL Oi^ THE DELAWARE INDIANS. 73 Aiiirltfs of agreement and incorporation of tlw Muskogee Title and Trust Compani/. Know all men by these presents: That the corporators hereinafter named have this day, and by these presents, formed a corporation under and in pursuance of an act of" Congress, approved Feb- ruary 18th, 1901, entitled "An act to put in force in the Indian Territory certain pro- visions of the laws of Arkansas relating to corporations and to make said provisions applicable to said Territory," which said act provides for incorporations for manu- facturing and other lawful business purposes in the Indian Territory, and in evidence thereof do hereby execute the following articles of incorporation: First. The name of said corporation shall be The Muskogee Title and Trust Company. Second. The corporators are Tams Bixby, J. L. Dabbs, I). H. Middleton, Thomas P. Smith, J. L. Blakemore, F. C. Hubbard, Simon Garigan, Leo E. Bennett, A. C. Trumbo, J. Geo. Wright, N. A. Gibson, Joseph Sondheimer, and R. A. Evans. Third. The place of business is to be located at Muskogee, Indian Territory, and its office for transaction of business shall be in Muskogee, Indian Territory !i or at such other ])lace as the board of directors may select. Fourth. The general nature of the business proposed to be transacted by this cor- poration is to engage in a general loan and trust business, and a general banking business, to become surety upon official and other bonds, to conduct a general invest- ment and brokerage business, to act as special and general agent, to act as adminis- trator, executor, curator, and guardian, to conduct a general real estate and insurance business, to make and furnish abstracts of title, and to insure and guarantee titles, to act as receiver, assignee, and trustee, and in a general fiduciary capacity, to buy, sell, own, and lease land, to buy and sell stocks and bonds of other corporations. Fifth. The amount of capital stock of said corporation shall be two hundred and fifty thousand dollars; of which twenty-one thousand five hundred dollars has been suVjscribed by the corporators aforesaid, and the residue thereof n^ay be issued and disposed of as the board of directors may from time to time order and direct. Sixth. The capital stock shall be divided into ten thousand shares, of the value of $25.00 each. Seventh. The affairs and business of the corporation shall be conducted and con- trolled 1)y a board of directors consisting of eleven members, all of whom shall be stockholders of the corporation. Said board of directors shall elect one of its mem- bers as president and one of its members as vice-president, and shall also elect a secre- tary and treasurer. Eighth. The first election of directors shall be held immediately after the organi- zation of the corporation, and said directors shall serve for one year and until their successors are elected. Xinth. The board of directors are empowered to ordain and establish all by-laws and regulations necessary to the management and biisiness of said corporation, and alter and repeal same at pleasure. Tenth. The first meeting of said corporators for organization shall be held in Mus- kogee, Indian Territory, at the office of the First National Bank, at 3.30 o'clock p. m., on the 24th day of February, 1903. The subscribers hereto hereby waive notice of said meeting. In testimony whereof we have hereunto set our hands on this the 24th day of Feb- ruary, 1903. • Tams Bixby. Thos. p. Smith. J. L. Blakemore. J. L. Dabbs. A. C. Trumbo. D. H. Middleton. Leo E. Bexxett. F. C. HlBBARD. N. A. Gibson. CERTIFICATE. Whereas Tams Bixby, J. L. Dabbs, D. H. Middleton, Thomas P. Smith, J. L. Blakemore, F. C. Hubbard, Simon Garigan, Leo E. Bennett, A. C. Trumbo, J. Geo. Wright, and N. A. Gibson have associated themselves together as a body politic and corporate, to be known as the Muskogee Title and Trust Company. And whereas the said corporators, being the subscribers to the capital stock of the said corporation, have waived the fifteen days' notice as required by law, and called 74 MEMOKIAL OF THP] DELAWARE INDIANS. a meeting for orjjjaiiization, to be held in Muskogee, Indian Territory, at the ottice of the First National Bank, at 3.30 o'clock p. m., on the 24th day of February, 1903. Whereas at the time and place above set out a meeting of the subscribers aforesaid was held to organize said corporation and elect eleven directors; and Whereas at said meeting the following named persons were elected directors, to wit: Tarns Bixby, J. L. Dabbs, D. H. Middleton, Thomas P. Smith, J. L. iUake- more, F. C. Hubbard, Leo PI Bennett, A. C. Trumbo, Joseph Sondheimer, X. A. Gibson, and R. A. E\ans; and Whereas at a meeting of the said board of directors J. L. Blakemore was elected president, and F. C. Hubbard and Thos. P. Smith were elected vice-presidents, and N. A. (tIIisou was elected secretary, and J. L. Dabbs was elected treasurer. Now, therefore, the said J. L. Blakemore, as i)resident, and the said Tams Bixby, J. L. I)a1)bs, D. H. Middleton, Thomas P. Smith, F. C. Hubbard, Leo E. Bennett, A. C. Trumbo, Joseph Sondheimer, N. A. Gibson, and R. A. Evans, as directors, do, in pursuance of law, issue this, their certificate, verified by their oaths, and do here- by certify as follows: First. Said corporation is formed for the purpose of engaging in a genei-al l(jan and trust business, and a general banking business, of becoming surety upon (jfticial and other bonds, of conducting a general investment and brokerage business, of acting as special and general agent, of acting as administrator, execut,or, curator, and guardian, of conducting a general real estate and insurance business, of making and furnishing abstracts of title and insuring and guaranteeing titles, of acting as receiver, assignee, and trustee, and in a general fiduciary capacity of buying, selling, owning and leas- ing land, of buying and selling stocks and bonds of other corporations. Second. Its capital stock is two hundred and fifty thousand dollars, diviileS. Court of Appeals, I. T. Recorded in vol. 3, Record for Articles of Incorporation, at page 48, this 2.5th day of February, 1903. Wm. p. Freeman, Clerk of U. S. Court of Appeals, I. T. Exhibit 27. United States of America, Lillian Territory. Office of the Clerk of the Court of Appeals. I, William P. Freeman, clerk of the United States court of appeals in the Indian Territory, do hereby certify that the annexed eight pages contain a true, complete, and full copy of the articles of association and certificate of the board of directors of Eufaula Trust Company, of Eufaula, Indian Territory. (Endorsed:) " Filed "^in the office of the clerk of the United States court of appeals in the Indian Territory, this 15th day of May, A. D. 1903," as appears by comparing the same with the original roll of said articles of association and certificate now on file in this office. In testimonv whereof I have hereunto set my hand and affixed my seal at the city of South McAlester, Indian Territory, this Srd'day of October, A. D. nineteen hun- dred and three (1903). [seal.] Wm. p. Freeman, Clerk, U. S. Court cf Appeals, I. T. Articles of agreement and incorporation of Eufauht Trust Company. Know all men by these presents: That the corporators hereinafter named have this day, and l)y these presents, formed a corporation under and in pursuance of an act of Congress approved Febru- ary 18th, 1901, entitled "An act to put in force in the Indian Territory certain pro- visions of the laws of Arkansas relating to corporations, and to make said provisions applicable to said Territory," which said act provides for incorporations for nianu- facturing and other lawful "business purposes in the Indian Territory, and in evidence thereof do hereby execute the following articles of incorporation: First. The name of said corporation shall be Eufaula Trust Company. Second. The corporators are C. H. Tully, W. G. Morhart, F. \V. Ahrens, F. C. Owens, Mrs. B. L. Owen, \V. A. Briscoe, J. C. Smock, W. T. Fears, Chas. Cxibson, Thos. B. Moore, W. W. Barrett, C. E. Folev, P. Porter, W. T. Hutchings, W. E. 76 MEMORIAL OF THE DELAWARE INDIANS. Ro\vs(\v, S. W. Fordyce, A. W. Robb, C. R. Breckenridge, John J. Hemphill, T. B. Need It's. Third. The ])lace of business is to be located at Eufaiila, I. T., and its office for transaction of business shall be in Eufaula, I. T., or at such other place as the Ijoard of directors may select. Fourth. The general nature of the business jjroposed to be transacted by this cor- poration is to act as agent, trustee, assignee, executor, administrator, guardian, receiver, or other personal or legal representative, M'hen designated by any person, corporation, or court so to do; to do a general fiduciary and depositary business; to act as surety and guarantee of the fidelity of employees, trustees, executors, admin- istrators, guardians, receivers, assignees, or others appointed to or assuming the per- formance of any trust, public or private, under appointment l)y any court or tribunal, or under contract between private individuals or corporations; also on any under- taking, bond or bonds, which may be required to be filed in any judicial proceeding; to act as executor or testamentary guarchan, when designated as such by will, or to act as administrator or guardian when appointed by any court or judicial officer or body having jurisdiction. To do a general banking business; to receive deposits payable on demand; to receive time deposits, on which interest may be allowed at such rate as agreed; to ])uy and sell exchange and to do all such other things as are necessary in conduct- ing a general banking business. To hold, buy, sell, and mortgage real estate, and to deal in, Imy, and sell all kind of Government, State, municipal, and other bonds, and all kinds of negotiaI)le and nonnegotiable paper, stocks, and other investment securities. To furnish abstracts of titles to all forms of realty, and to guarantee titles of all kinds. To furnish space and facilities for the safe-keeping of papers and valuables capable of being cared for by the company, and to receive, deposit, and safeguard the same. Fifth. The amount of capital stock of said corporation shall be two hundred and fifty thousand dollars; of which dollars has been subscribed by the t'orpo- rators aforesaid, and the residue thereof may be issued and disposed of as the board of directors may from time to time order and direct. Sixth. The capital stock shall be divided into ten thousand shares, of the value of $25.00 each. Seventh. The affairs and business of the corporation shall be conducted and con- trolled by a board of directors, consisting of twenty memljers, all of whom shall be stockholders of the corporation. Said board of directors shall elect one of its mem- bers as president and one of its members as vice-president, and shall also elect a secretary and treasurer. pyighth. The first election of directors shall be held immediately after the organi- zation of the corporation, and said directors shall serve for one year and until their successors are elected. Ninth. The board of directors are empowered to ordain and establish all l)y-laws and regulations necessary to the management and business of the corporation, and alter and repeal same at pleasure. Tenth. The first meeting of said corporators for organization shall be held in Muskogee, I. T., at the office of Hutchings, West & Parker, at ten o'clock a. m., on the 17th day of March, 1903. The subscribers hereto hereby waive notice of said meeting. In testimony whereof we have hereunto set our hands on this the 16th dav of March, 190o. " C. R. Bkeckexkux;k. Katherixe C. Breckenridge. J. C. Smock. Charles Gibson. W. T. Fears. Phil Brown. F. C. Owen. F. W. Ahrens. C. H. Tl LLY. W. G. Morhart. A. W. Robb. T. B. Needles. J. S. Stapler. P. Porter. W. E. HOWSEY. MEMORIAL OF THE DELAWARE INDIANS. 77 CERTIFICATE. \Vhereas C. H. Tully, W. G. Morhart, F. W. Ahrens, F. C. Owens, Mrs. B. L. Owen, W. S. Briscoe, J. C. Smock, W. T. Fears, Chas. Gibson, Thos. B. iloore, W. W. Barrett, C. E. Foley, P. Porter, W. T. Hutchings, W. E. Rowsey, 8. W. Fordyce, A. W. Robb, C. R. Breckenridge, John J. Hemphill, T. B. Needles have associated themselves together as a body politic and corporate, to be known as Eufaula Trust Company. And whereas the said corporators, l)eing the subscribers to the capital stock of the said corporation, have waived the tifteen days' notice as required by law, and called a meeting for organization, to be held in Muscogee, Ind. T., at the otiice of Hutchings, West & Parker, at 10 o'clock a. m. on the 17th day of March, 1903. Whereas at the time and place above set out, a meeting of the subscribers afore- said was held to elect twenty directors; and AV'hereas at said meeting the following-named persons were elected directors, to wit: J. C. Smock, Phil Brown, F. W. Ahrens, C. H. Tully, W. W. Barrett, W. T. Fears, F. C. Owen, Chas. Gibson, W. G. Morhart, W. A. Briscoe, C. E. Folev, P. Porter, W. T. Hutchings, W. E. Rowsey, S. W. Fordyce, T. B. Moore, A. W. Robb, C. R. Breckinridge, Jno. J. Hemphill, t. B. Needlesf Whereas at a meeting of the said board of directors, C. E. Foley was elected president, and C. H. T4.illy was elected vice-president, and W. W. Barrett was elected secretary, and W. W. Barrett was elected treasurer: Now, therefore, the said C. E. Foley, as president, and the said J. C. Smock, J. T. Crane, F. \V. Ahrens, C. H. Tully, W. W. Barrett, W. T. Fears, F. C. Owen, Chas. Gibson, W. G. Morhart, W. A. Briscoe, P. Porter, W. T. Hutchings, W. F. Rowsev, S. W. Fordyce, T. B. Moore, A. W. Robb, C. R. Breckinridge, Jno. J. Hemphill, T. B. Needles, as directors, do in pursuance of law issue this their certificate, verified by their oaths, and do hereby certify as follows: First. The general nature of the business proposed to be transacted by this cor- poration is to act as agent, trustee, assignee, executor, administrator, guardian, receiver, or other personal or legal representative, when designated by any person, corporation, or court so to do; to do a general fiduciary and depositary business; to act as surety and guarantee of the fidelity of employees, trustees, executors, adminis- trators, guardians, receivers, assignees, or others appointed to or assuming the per- formance of any trust, public or private, under appointment by any court or tril)una], or under contract between private individuals or corporations; Also on any undertaking, bond, or bonds which may be required to be filed in any judicial proceeding; To act as executor or testamentary guardian, when designated as such by will, or to act as administrator or guardian when appointed by any coiu-t or judicial officer or body having jurisdiction; To do a general banking business; to receive deposits payable on demand; to receive time deposits on which interest may be allowed at such rate as agreed ; to buy and sell, exchange, and to do all such other things as are necessary in conduct- ing a generil banking business; To hold, buy, sell, and mortgage real estate, and to deal in, buy, and sell all kinds of Government, State, municipal, and other bonds, and all kinds of negotiable and nonnegotiable paper, stocks, and other investment securities; To furnish abstracts of titles to all forms of realty, and to guarantee titles of all kinds; To furnish space and facilities for the safe-keeping of papers and valuables capable of being cared for by the company, and to receive, deposit, and safeguard the same. Second. Its capital stock is two hundred and fiftv thousand dollars, divided into shares of $25.00 each. Third. dollars of said capital stock have been actually paid in l)y tlie sub- scribers hereto. Fourth. The names of the stockholders and the number of shares owned liy them, respectively, is as follows: No. of shares. C. H. Tullv 200 W. G. Morhart 1-0 F. W. Ahrens 20 F. C. Owen 8 Mrs. B. L. Owen 20 W. S. Briscoe 20 J. C. Smock 20 W. T. Fears 20 78 MEMORIAL OF THE DELAWARE INDIANS. , No. of shares. Chas. Gibson 2 Thos. B. Moore 20 W. W. Barrett 400 C. E. Foley 1,000 P. Porter 200 W. T. Hutchinjis 20 W. E. Rowsey. 160 C. L. Jackson 40 S. W. Ford vce * 400 Phil Brown 32 J. T. Crane 4 A. W. Robb 200 C. R. Breckenridge 8 John J. Hemphill : 6 T. B. Needles 200 Catherine C. Breckenridge 1, 000 J. S. Stapler 200 Mary C. Breckenridge 80 MaryB. Maltby 400 F. B. Fite 40 W. W. Carson 200 In testimony whereof the said C. E. Foley, president of said corporation, and a majority of the board of directors of said corporation have hereunto set their hands on this"l5th day of May, 1903. C. E. Foley, President. J. C. Smock, F. W. Ahrens, W. G. MORHART, W. W. Barrett, C. H. TULLY, F. C. Owen, W. A. Briscoe, Chas. Gibson, W. T. Fears, Phil Brown, Directors. United States of America, Indian Territory, Western District, .s.s; J. C. Smock, F. W." Ahrens, C. H. Tullv, W. W. Barrett, W. T. Fears, F. C. Owens, Chas. Gibson, W. G. jMorhart, W. S. Briscoe, C. E. Foley, and T. B. Moore on their oaths say that the matters and things in the foregoing certificate set out are true, to the best of their knowledge and belief. J. C. Smock. F. W. Ahrens. C. E. Foley. W. G. Morhart. Phil Brown. W. W. Barrett. C. H. TuLLY. F. C. Owens. W. A. Briscoe. Chas. Gibson. W. T. Fears. Subscribed and sworn to before me this the 15th day of May, 1903. In testimony whereof I have hereunto set my hand and seal of office. [seal.] F. G. Bailey, Notani Public. Exhibit 28. United States ov Amkkica, Indian Territory, office of the clerk of the court of ajipeals: I, William P. Freeman, clerk of the United States court of appeals in the Indian Territory, do hereby certify that the annexed four pages contain a true, complete, MEMOKIAL OF THE DELAWAKE INDIANS. 79 and full copy of the articles of association and certiticate of the board of directors of Tribal Development Company, of Tishomingo, Indian Territory. (Endorsed:) " Filed in the office of the clerk of the United States court of appeals in the Indian Territory this 1st day of April, A. D. 1903," as appears by comparing the same with the original roll of said articles of association and certificate no^Y on file in this office. In testiaiony whereof I have hereunto set my hand and affixed my seal, at the city of South MfAlester, Indian Territorv, this 3rd day of October, A. D. nineteen hun- dred and three (1903). [seal.] Wm. p. Freeman, Clerk r. S. Court of Appeals, I. T. Articles of Agreement and Incorporation of Tribal Development Company, of Tishomingo, Ind. Terr. Know all men by these presents: That the corporators hereinafter named have this day, and by these pi'esents, formed a corporation, under and in pursuance of an act of Congress, approved Feb- ruary 18th, 1901, entitled "An act to put in force in the Indian Territory certain pro- A'isions of the laws of Arkansas relating to corporations and to make said provisions applicable to said Territory," which said act provides for incorporations for manu- facturing and other lawful business purposes in the Indian Territory, and in evidence thereof do hereby execute the following articles of incorporation : First. The name of said corporation shall be Tribal Development Company. Second. The corporators are Guy P. Cobb, W. C. Perrv, W. C. Gunn, P. L. Soper, S. L. Williams, R. M. Harris, G. W. Burris, B. H. Colbert, Kirby Purdom, P. S. Mosely and Jesse L. Jordan. Third. The place of business is to be located at Tishomingo, Indian Territory, and its office ioY transaction of business shall he in Tishomingo, Indian Territory, or at such other place as the board of directors may select. Fourth. The general nature of the business proposed to be transacted by this cor- poration is to purchase, own, sell, encumber, lease, sublease, and exchange real estate, and improve the same; to act as agent and broker in real estate transactions; and to act as agent for insurance companies, and to make, furnish, and certify abstracts of title. Fifth. The amount of capital stock of said corporation shall be one hundred thou- sand dollars, of which thirty thousand dollars has been subscribed by the corporators aforesaid, and the residue thereof may be issued and disposed of as the board of directors may from time to time order and direct. Sixth. The capital stock shall be divided into four thousand shares of the value of $25.00 each. Seventh. The affairs and business of the corporation shall be conducted and con- trolled by a board of directors, consisting of eleven members, all of whom shall be stockholders of the corporation. Said board of directors shall elect one of its mem- bers as president, and one of its members as vice-president, and shall also elect a secretary and treasurer. Eighth. The first election of directors shall be held immediately after the organi- zation of the corporation, and said directors shall serve for one year and until their successors are elected. Ninth. The board of directors are empowered to ordain and establish all by-laws and regulations necessary to the management and business of said corporation, and alter and repeal same at pleasure. Tenth. The first meeting of said corporators for organization shall be held in Tisho- mingo, Indian Territory, at the office of the Bank of the Chickasaw Nation, at 4 o'clock p. m., on the 25th day of INIarch, 1903. The subscribers hereto hereby waive notice of said meeting. In testimonv whereof, we have hereunto set our hands, on this the 25th dav of March, 1903. ^ W. C. Perry. Jesse L. Jordan. P. L. Soper. Geo. W. Burris. Guy P- Cobb. P. S. Mosely. S. L. Williams. R. M. Harris. W. C. Gunn. KlRBi" PuRDOiM. B. H. Colbert. 80 MEMORIAL OF THE DELAWARE INDIANS. CERTIFICATE. Whereas (iuv P. Cobb, W. C. Perry, W. C. Gunn, P. L. Soper, S. L. Williams, R. M. Harris!, (i. W. Burris, B. H. Colbert, Kirby Purdom, and P. S. Mosely have associated themselves together as a body politic and corporate, to be known as Triljal Development Comj)any. And whereas the said corporators, being the subscribers to the capital stock of the said corporation, have waived the fifteen days' notice as required Ijy law and called a meeting for organization, to be held in Tishomingo, I. T., at the ottice of the Bank of the Chickasaw Nation, at 4 o'clock p. m., on the 25th day of March, 1903. Whereas at the time and place above set out a meeting of the sul)scribers aforesaid was held to organize said corjioration and elect eleven directors, and Whereas at said meeting the following named persons were elected directors, to- wit: Guy P. Cobl), W. C. Perry, W. C. Gunn, P. L. Soper, S. L. Williams, R. M. Harris, G. W. Burris, B. H. Colbert, KirV)y Purdom, P. S. Mosely, and Jesse L. Jordan, and Whereas at a meeting of the said board of directors P. S. Mosely was elected presi- dent and P. L. Soper was elected vice-president, and G. W. Burris was elected secretary and Guy P. Cobb was elected treasurer. Now% therefore, the said P. S. Moselv as president, and the said Guv P. Cobb, W. C. Perry, W. C. Gunn, P. L. Soper, S. L." Williams, R. M. Harris, G. AV. Burris, B. H. Colbert, Kirby Purdom, P. S. Mosely, and Jesse L. Jordan as directors, do, in pur- suance of law, issue this their certificate, verified l)y their oaths, and do hereby cer- tify as follows: First. Said corporation is formed for the purpose of to purchase, own, sell, encum- ber, lease, sul)lease, and exchange real estate and improve the same; to act as agent and broker in real estate transactions; to act as agent for insurance companies, and to make, furnish, and certify abstracts of title. Second. Its capital stock is one hundred thousand dollars, divided into shares of $25.00 each. Third. Twelve thousand dollars of said capital stock have been actually ])aid in by the subscribers hereto. Fourth. Tlie names of the stockholders and the number of shares owned liy tliem, respectively, is as follows: Xo. of shares. Guy P. Cobb 240 S. L. Williams 40 Jesse L. Jordan 80 W. C. Gunn 185 W. C. Perrv 135 P. L. Soper 130 G. W. Burris 20 B. H. Colbert HO Kirbv Purdom HO R. M. Harris HO W. F. Bourland 20 E. B. Henshaw ' 20 P. S. Moselv 20 W. T. Ward ISO In testimonv whereof the said P. S. Moselv, president of said corporation, and Guy P. Co))b, W. V. Perry, W. C. Gunn, P. L. Soper, S. L. Williams, R. M. Harris, G. W. Burris, B. H. Colbert, Kirby Purdom, P. S. ]\Iosely, and Jesse L. Jordan, a majoritv of the board of directors of said corpiirati(jn, have hereunto set their hands on this ■25th day of March, 1903. P. S. .AIosELV, Prf'ffi'lmf. S. L. Williams, R. M. Harris, W. C. Guxx, Guy p. Cobb, Kirby Purdo.m, P. L. Soi'ER, W. C. Perry, Jesse L. Jordax, Geo. W. Burris, B. H. Colbert, Directors. MEMORIAL OF THE DELAWARE INDIANS. 81 United States of America, Indian Territory, Southern Didrid ss: Guy P. Cobb, W. C. Perry, W. C. Gunn, P. L. Soper, S. L. Williams, R. M. Hai-ris, G. W. Burris, B. H. Colbert, Kirby Purdom, P. S. Mosely, and Jesse L. Jordan on their oaths say that the matters and things in the foregoing certificate set out are true, to the best of their knowledge and belief. Guy p. Cobb. Kirby Purdom. B. H. Colbert. P. S. Mosely. W. C. Perry. Jesse L. Jordan. Geo. W. Burris. P. L. Soper. Kirby Purdom. S. L. Williams. R. M. Harris. W. C. Gunn. Subscribed and sworn to before me, this the 25th day of March, 1903. In testimony whereof I have hereunto set my hand and seal of office. [seal.] T. B. McLish, Notary PuhUc, Southern Dist., Ind. Ter. My commission expires Dec. 30, 1905. Filed in the office of the clerk of the United States court of appeals in the Indian Territory this 1st day of April, A. D. 1903. Wm. p. Freeman, Clerk of U. S. Court of Appeals, I. T. Recorded in vol. 3, Record for Articles of Incorporation, at page 80, this 1st dav of April, 1903. Wm. p. Freeman, Clerk of U. S. Court of Appeals, I. T. Exhibit 29. United States of America, Indian Territory, office of the clerk of the court of appecds: I, ^Yilliam P. Freeman, clerk of the United States court of appeals in the Indian Territory, do hereby certify that the annexed thirteen pages contain a true, complete, and full copy of the articles of association and certificate of the board of directors of the Bradley Real Estate Company, of Muskogee, Indian Territory. (Endorsed:) "Filed in the office of the clerk of the United States court of appeals in the Indian Territory this 16th day of October, A. D. 1901," and the certificate of increase of capital stock of said corporation, endorsed, "Filed in the office of the clerk of the United States court of appeals in the Indian Territory this 5th day of March, A. D. 1902," also the certificate showing the change of name of said cor- poration to the Bradley Realty, Bank and Trust Company, of Muskogee, Indian Territory. (Endorsed:) " Filed in the office of the clerk of the United States court of ai)peals in the Indian Territory this 26th day of October, A. D. 1903," as appears by com- paring the same with the original roll of said articles of association and certificate now on file in this office. In testimony whereof I have hereunto set my hand and affixed my seal at the city of South McAlester, Indian Territory, this i6th day of November, A. D. nine- teen hundred and tliree (1903). [seal.] Wm. p. Freeman, Clerk U. S. Court of Appeals, I. T. Articles of agreement and incorporation of the Bradley Real Estate Company, of Muskogee, Indian Territory. Know all men by these presents: That the corporators hereinafter named have this day, and by these presents, formed a corporation under and in pur.suance of an act of Congress approved Feb- ruary 18th, 1901, entitled "An act to put in force in the Indian Territory certain pro- S. Doc. 58 6 82 MEMORIAL OF THP] DP:LAWARE INDIANS. visions of the laws of Arkansas relating to corporations and to make said provisions applieable to said Territory," which said act provides for incorporations for manu- facturing and other lawful business purposes in the Indian Territory, and in evidence thereof do herel)y execute the following articles of incorporation: First. The name of said corporation shall be the Bradley Real p]state Company. Second. The corporators are C. M. Bradley, G. H. Alexander, and N. A. Gibson. Third. The place of business is to be located at ?tIuskogee, Indian Territory, and its office for transaction of business shall l)e in IMuskogee, Indian Territory, or at such other place as the board of directors may select. Fourth. The general nature of the business proposed to be transacted by this cor- poration is to l)uy and sell real estate; to lend money and negotiate loans; to lease lands and make abstracts of title; to conduct a general real estate and brokerage business. Fifth. The amount of capital stock of said corporation shall be one thousand dol- lars, of which one hundred and fifty dollars has been subscribed by the corporators aforesaid, and the residue thereof may be issued and disposed of as the board of directors may from time to time order and direct. Sixth. The capital stock shall be divided into forty shares, of the value of $25.00 each. Seventh. The affairs and business of the corporation shall be conducted and con- trolled by a board of directors consisting of three members, all of whom shall be stockholders of the corporation. Said board of directors shall elect one of its mem- bers as president, and one of its members as vice-president, and shall also elect a sec- retary aud treasurer. Eighth. The first election of directors shall be held immediately after the organi- zation of the corporation, and said directors shall serve for one year and until their successors are elected. Kinth. The board of directors are empowered to ordain and establish all by-laws and regulations necessary to the management and business of said corporation, and alter and repeal same at pleasure. Teiith. The first meeting of said corporators for organization shall be held in Mus- kogee, Indian Territory, at the office of C. M. Bradley, at 9 o'clock p, on the 28th day of Sepitember, 190l". The subscribers hereto hereby waive notice of said meeting. In testimonv whereof we have hereunto set our hands on this the 28th day of September, 1901. C. M. Br.\dley. G. H. Alexander. N. A. GiBsox. CERTIFICATE. Whereas C. M. Bradley, G. H. Alexander, and N. A. Gibson have associated themselves together as a body politic and corporate, to be knowai as the Bradley Real Estate Company; And whereas the said corporators, being the subscribers to the capital stock of the said corporation, have wai\ ed the fifteen days' notice as required by law, aud called a meeting for organization, to be held in Muskogee, Indian Territory, at the office of C. M. Bradley, at 9 o'clock p. m., on the 28th day of September,_ 1901 . Whereas at the time and place above set out a meeting of the subscribers afore- said was held to organize said corporation and elect three directors; and Whereas at said meeting the following-named persons were elected director>. to wit: C. M. Bradley, G. H. Alexander, and N. A. Gibson; and Whereas at a meeting of the said board of directors, C. M. Bradley was elected president, and N. A. (jibson was elected \ice-president, and G. H. Alexander was elected secretary, and G. H. Alexander was elected treasurer. Now, therefore, the said C. M. Bradley, as president, and the said G. H. Alexander and N. A. Gibson, as directors, do in pursuance of law, issue this, their certificate, verified bv their oaths, and do hereby certify as follows: First. Said corporation is fi^rmed foV the ])urpose of buying and selling real estate, lending money and negotiating loans, leasing lands, making al^stracts of title, and conducting a general real estate and brokerage l)usiness. Second. Its capita! stock is one thousand dollars, divided into shares of ?25.00each. Third. Fifty dollars of said capital stock have l)een actually paid in by the sub- scribers hereto. MEMORIAL OF THE DELAWARE INDIANS. 83 Fourth. The names of the stockholders and the number of shares owned by them, respectively, is as follows: No. of shares. C. M.Bradley 2 G. H. Alexander 2 N. A. Gilisou 2 In testimony whereof the said C. M. Bradley, president of said corporation, and G. H. Alexander and N. A. Gibson, a majority of the board of directors of said cor- poration, have hereunto set their hands on this 28th day of September, 1901. C. M. Br.\dley, President. G. H. Alexander, N. A. Gibson, Directors. United States of America, Lidian Territory, Xorthern District, .s.s: C. M. Bradley, G. H. Alexander, N. A. Gibson, on their oaths, say that the matters and things in the foregoing certificate set out are true to the best of their knowledge and belief. C. M. Bradley. G. H. Alexander. N. A. Gibson. Subscribed and sworn to before me this the 28th day of September, 1903. In testimony whereof I have hereunto set my hand and seal of office. [seal.] W. T. Wisdom, Notary Public. Filed in the office of the clerk of the United States court of appeals in the Indian Territory this 16th day of October, A. D. 1901. Wm. p. Freeman, Clerk of U. S. Court of Appeals, I. T. Recorded in vol. 1, record for articles of incorporation, at page 90, this 23d daj' of October, 1901. Wm. p. Freeman, Clerl of U. S. Qiurt of Appeals, I. T. Certificate of increase of capital stock of the Bradley Real Estate Company, of Mushogee, Indian Territory. Know all men by these presents: That at a regular meeting of the stockholders of the Bradlej' Real Estate Company, a corporation organized and existing under the laws of the United States in force in the Indian Territory, held at the office of the company in Muskogee, Indian Ter- ritory, at 8 o'clock p. m. on the 6th day of January, 1902, among other proceedings had was the following: "Upon motion a committee consisting of Messrs. New, Gibson, and Bixby was appointed by the president to formulate a plan for increasing the capital stock of the said company, and to report at the next regular meeting of the stockholders of said company." And that at a regular meeting of the stockholders of said company, at the office of said company, on the 3rd day of February, 1902, at 8 o'clock p. m., at which meeting there was present a majority of all of the stockholders of said company, representing a majority of the stock, the said stockholders having been specially warned by writ- ten notice of the business to come before the said meeting, particularly in reference to the increase of the capital stock of the said company, the following proceedings Avere had: "The committee appointed at the regular January meeting of the said company submit a written report recommending an increa.'^e of the capital stock to $5,000, which report, upon motion of Mr. W. E. Linton, one of the stockholders of the said company, was amended to read §10,000, and that the said motion, being put to a vote, was carried In' the unanimous vote of all the stockholders i>resent." And that thereafter, in accordance with the said resolution and action of the stock- holders, the capital stock of the said company was increased to the sum of $10,000. 84 MEMOKIAL OF THE DELAWARE INDIANS. CERTIFICATE. We, C. M. Bradley, i^resident, and G. H. Alexander, X. A. Gibson, W. S. Boren, and A. P. McKellop, the said C. M. Bradley being president of the Bradley Real Estate Company, a corijoration, and the other-named parties being the board of directors, with the said C. M. Bradley, of the said corporation, do hereby certify that at a regular meeting of the stockholders of the said Bradley Real Estate Com- pany, held at the office of the said company on February 8rd, 1902, at 8 o'clock p. m., of which meeting, and the objects of said meeting, the stockholders had been specially w^arned, it was unanimously resolved by the said stockholders that the capital stock of the said corporation be' increased to i?10,000, the same to be divided into four hundred shares of the par value of $25 each, and that tlie capital stock of the said corporation has been increased to the sum of §10,000, in accordance with the said resolution. C. M. Bradley, President. G. A. Alexander, N. A. Gibson, W. S. Boren, Directors. United States of America, Indian Territory, Nortliern District, ss: C. M. Bradley, G. H. Alexander, N. A. Gibson, W. S. Boren, and A. P. McKellop, on their oaths, say that the matters and things in the foregoing certificate set out are true, to the best of their knowledge and belief. C. M. Bradley. G. H. Alexander. iST. A. Gibson. W. S. Boren. Subscribed and sworn to before me this 4th day of Feb., 1902. In testimony whereof I have hereunto set my hand and seal of office. [seal.] S. B. Dawes, Xotari/ Public. (Endorsed:) "Filed in the office the clerk of the United States court of appeals, in the Indian Territory, this 5th day of March, A. I). 1902. "Wm. p. Freeman, Clei-k. "Recorded Book No. 2, page 120." certificate. Whereas the stockholders of the Bradley Real Estate Company, at the annual meeting held in the city of Muskogee, Indian Territory, on the 5th day of October, 1903, did amend the articles of incorporation as follows: First. That the name of the said corporation shall be Bradley Realty, Bank and Trust Company. Fourth. That the general nature of the business proposed to be transacted by this corporation is to act as agent, trustee, assignee, receiver, executor, administrator, guardian, or other personal or legal representative, when designated or appointed by any person, company, c;orporation, or court to act as surety and guarantor, and to make insurance for the fidelity of persons holding positions of trust, fidelity, and responsibility, by agreement of individuals, companies or corporations (public or jjri- vate), or l)y appointment by any court or tribunal; also on any undertaking, bond or bonds, which may be required to be filed in any judicial proceeding; to act as executor or testamentary guardian, when designated as such by will, or to act as administrator or guardian, when appointed by any court or judicial officer or body having competent jurisdiction. To act as agent or trustee for the purpose of issuing or countersigning the certificates of stock, bonds, or other obligations of any corpo- rations, association, municipality. State or public authority, and to receive and man- age any sinking fund therefor, upon such terms as may be agreed upon. To liiaks abstracts of titles of real estate and to personal property, for its own use and for the use of other persons, and to guarantee and insure owners of real estate from loss l)y reason of defective titles and incumbrances. To do a general trust, fiduciary, and depository business. To receive and hold on deposit and in trust and as security, estate, real and personal, diamonds, jewelry, plate, stocks, notes, bonds, papers and other obligations, and evidences of indebted- MEMOEIAL OF THE DELAWARE INDIANS. 85 ness or value, of States, counties, school districts, individuals, companies and corpo- rations (public and private), and valuable property of every description, and the same to purchase, make advances upon, collect, hypothecate, adjust, settle, sell, and dispose of in any manner, without proceedings in law or equity, for such price and on such terms as may be agreed upon with the corporations, companies, or individuals contracting with it. To provide suitable and sufficient fire and burglar proof safes, vaults, safe-deposit boxes, and other facilities for the safe-keeping of diamonds, jewelry, plate, stocks, bonds, insurance policies, wills and other valuable papers, and property of every kind, intrusted to its care and capable of being cared for by the company ."^ To carry on the general business and exercise all the powers, responsibilities, and obligations usual and proper of a safe-deposit company. To receive money on deposit, either on current account to be drawn upon by check, or on certificate payable at such time as may be desired or specified, with or without interest, as agreed upon between the depositor and the corporation; to act as depos- itory for banks, trust funds, receiverships, assignees, courts, corporations, and indi- viduals; to buy and sell exchange; to buy, discount, sell, make advances upon, pledge, and hypothecate all kinds of Government, State, county, township, school district, municipal, and other bonds, warrants, and securities, and all other kinds of negotiable and nonnegotiable paper, stocks, bonds, mortgages, evidences of indebted- ness, and other investment securities of individuals, companies, and public and pri- vate corporati(jns. To transact and do all such other things as are necessary, proper, and usual in con- ducting a general banking Ijusiness. To secure, take, purchase, own, buy, acquire, hold, sell, lease, mortgage, release, loan money upon, or otherwise deal in or dispose of any lands or interests therein, any real-estate notes secured by mortgage, trust deed, or interest thereon, any note secured by collateral or interest therein; any debenture bonds, public or private, with fixed security or interest therein; any shares of capital stock of incorporated com- panies, with or without dividends; any contracts or evidences of indebtedness, or any municipal, public, or private corporations due or to become due; any securities, obligations, contracts, evidences of indebtedness of every kind and character, and other property held or owned by this corporation. To manage, care for, and do any and all things tending to increase the value or improve upon the pi'operty of any and all realty, security, or evidences of indebted- ness held or owned by the corporation. To issue debenture bonds, the payment of which is guaranteed ])y pledges of security placed in the hands of the trustee or a legally incorporated trust company, secured to the same by a bill of sale, mortgage, or trust deed upon the whole or part of the securities held by the corporation, to sell or pledge such debentures or bonds and to use the proceeds for such corporate pur- poses as the board of directors shall determine. To assist its shareholders or other persons in securing, acquiring, holding, and improving real estate by furnishing, upon a security thereof, all or a part of the cap- ital on such terms of the payment as may be agreed upon. To acquire by purchase, suljscription, or otherwise, and to hold or dispose of stocks, bonds, or any other obligations, of any corporation formed for, or then or thereto- fore engaged in or pursuing any one or more of the kinds of business, purposes, objects, or operations above indicated, or holding or owning any property of any kind herein mentioned, or of any corporation holding or owning the stocks or obligations of any such corporations; to hold for investment or otherwise to use, sell, or dispose of any stocks, bonds, or other obligations of any such other corporations; to aid in any manner any corporation whose stock, l)onds, or other obligations are held or in any manner guaranteed by this corporation, and to do any other acts or things for the preservation, protection, improvement, or enhancement of the value of any such stock, bonds, or other securities, or to do any act or things designed for any such purpose; and while owner of any such stocks, bonds, or other securities to exercise all the rights, powers, and privileges of ownership thereof, and to exercise all voting power thereon. To do any and all of the things herein described and for the purpose of attaining or furthering any of its objects, to do any and all other acts and things, and to exer- cise any and all other powers which a copartnership or natural person could do or exercise, and which may now or hereafter be authorized by law. To prospect for oil, coal, gas, or other mineral and land owned or leased by the com- pany and to acquire lands either by purchase or leases for the purposes of prospecting for said minerals, and to operate wells, mines, shafts,, or pits for the purpose of taking oil, gas, coal, or other minerals, and to sell and furnish oil, gas, coal, or other minerals to any person, corporation, or municipality. 86 MEMOKIAL OF THE DELAWARE INDIANS. Fifth. That the amount of capital stock of said corporation is raised to 6260,000.00. Now, therefore, C. M. Bradlev, a.s president of said company, and W. E. Rowsev, I. B. Kirkland, J. K. Edmonds, C. K. Marks, T. H. Martin, W. H. New, W. D. Brewer, Geo. W. Elliott, G. H. Alexander, Abe Wolfenlierger, E. S. Ellis, J. C. Fast, H. H. Bell, and N. A. Gibson, as directors, do in pursuance of law issue this, their certificate, verified by their oaths, and do hereby certify that the said amend- ments were V ^'.xl'-V '^ A .^ 0- <^. m^^' ^^ ^^ ^. \ •.^^<<- y V, '''7 " ^ <■ " ' ^<\^\ ■■ "^ 'c. C 0' .0 ^ .^.o. <^. '. .V > V \^ " .^C^ .V ^^ K^ .0 • ,0 ° If/' 0^ •^ VS^: /■% ^llf: /\ '^: r-. '-^ *- .t;i^:% >_ c°\c^>.:- °^ a' .',...-- -•* :-w^/ K^ •^q. o V .^' >. u ^^ ^^^ ^o v^ '^0^ .-^o. N ■ . VJ -jO- ^. ^^ K^ HO. .^ 'i-' ^"•nj.. O. " O N > ^^^ ■ 0* 4 Ok o 'o] »^o ^„ .-^^ oV^^^^:%". '-^^ ^^ " -'m^,^^ ^o v^ ^\^K;- ^-^ c ^r^ .^^ ^°-*. ■■"^m- .^■'^ .^ V . ^^ ■I '> ,Hq y<^ .0. .^ 9^ " = " ^-^9^' DOBBS BROS. LIBBARY BINDING ,^ ,^ ' '' , I .- ■ ; . V-^ '^ -T, AUGUSTINE j\ ,0"=, ^ C& .^'o, % ^'^ c"'"'. ''^^ <' ., FLA. 0^ ■'i^/ ;^ o V . '^ > 4< LIBRARY OF CONGRESS llillii Mil lull lull liiifliil nil llli 010 546 559 2 f