William R. Day

“ It is argued that an estate of occupancy is the ordinary estate of the Indian tribes and embraces all the title held by them, the fee remaining in the United States. There in nothing to prevent the United States, if it chooses to convey a fee to the Indian tribes, from so doing.
Indeed, in the 16th clause of the treaty with the Cherokee Nation of Auguest, 1866, it is provided that a fee may be conveyed to friendly Indians settled west of the ninety-sixth meridian. ”

“ Instead of dismissing the bill, we think a decree should have been entered finding the registered Delawares entitled to participate equally with Cherokee citizens of Cherokee blood in the allotment of lands of the Cherokee Nation, with the addition that if there is not enough land to give to each citizen of the nation 160 acres, then the registered Delawares shall be given that quantity, together with their improvements. In all other respects the Cherokee citizens, whether of Delaware or Cherokee blood, should be given equal rights in the lands and funds of the Cherokee Nation. ”

“ In an agreement incorporating certain Delawares into the Cherokee Nation it is important to consider under what terms and conditions its citizens held and used the lands occupied by them. We are here dealing with the extent of the title conveyed as between Indian tribes, and the question is, What did the Cherokees convey in the agreement to the Delawares who came within the terms of the compact and who were to be incorporated into the Cherokee Nation? ”