Cherokee Nation v. Journeycake
Decision Date | 19 November 1894 |
Docket Number | No. 619,619 |
Citation | 15 S.Ct. 55,39 L.Ed. 120,155 U.S. 196 |
Parties | CHEROKEE NATION et al. v. JOURNEYCAKE |
Court | U.S. Supreme Court |
On July 19, 1866, the United States and the Cherokee Nation entered into a treaty (14 Stat. 799), the fifteenth article of which is as follows:
Prior to that time, and in 1839, the Cherokee Nation had adopted a constitution, section 2 of article 1 and section 5 of article 3 being in these words:
Const. & Laws Cherokee Nation (Ed. 1892), pp. 11, 12, 14.
Immediately following the treaty, the Cherokee Nation amended these sections, first adopting the following preamble:
'Whereas, by the treaty executed at Washington, on the 19th day of July, A. D. 1866, between the United States and the Cherokee Nation, through its delegation, ratified by the senate and officially promulgated by the president of the United States, August 11, 1866, certain things were agreed to between the parties to said treaty, involving changes in the constitution of the Cherokee Nation, which changes cannot be accomplished by the usual mode; and,
'Whereas, it is the desire of the people and government of the Cherokee Nation, to carry out in good faith all of its obligations, to the end that law and order be preserved, and the institutions of their government maintained.'
The sections, as amended, read as follows:
Const. & Laws Cherokee Nation (Ed. 1892) pp. 31-33.
In pursuance of this treaty, and under this amended constitution, the Cherokees and Delawares came together, and entered into an agreement of date April 8, 1867, which, after referring to certain treaties, among them this of July 19, 1866, and reciting that a 'full and free conference has been had between the representatives of the Cherokees and the Delawares, in view of the treaties herein referred to, looking to a location of the Delawares upon the Cherokee lands, and their consolidation with said Cherokee Nation,' stipulates as follows:
'Now, therefore, it is agreed between the parties hereto, subject to the approval of the president of the United States, as follows:
'The Cherokees, parties of the first part, for and in consideration of certain payments, and the fulfillment of certain conditions hereinafter mentioned, agree to sell to the Delawares, for their occupancy, a quantity of land east of the line of the 96° west longitude, in the aggregate equal to one hundred and sixty acres for each individual of the Delaware tribe who has been enrolled upon a certain register made February 18, 1867, by the Delaware agent, and on file in the office of Indian affairs, being the list of Delawares who elect to remove to the 'Indian Country,' to which list may be added, only with the consent of the Delaware council, the names of such other Delawares as may, within one month after the signing of this agreement, desire to be added thereto, and the selections of the lands to be purchased by the Delawares may be made by said Delawares in any part of the Cherokee Reservation east of said line of 96°, not already selected and in possession of other parties; and, in case the Cherokee lands shall hereafter be allotted among the members of said Nation, it is agreed that the aggregate amount of land herein provided for the Delawares, to include their improvements according to the legal subdivisions when surveys are made (that is to say, one hundred and sixty acres for each individual), shall be guarantied to each Delaware incorporated by these articles into the Cherokee Nation; nor shall the continued ownership and occupancy of said land by any Delaware so registered be interfered with in any manner whatever without his consent, but shall be subject to the same conditions and restrictions as are by the laws of the Cherokee Nation imposed upon native citizens thereof:
'Provided, that nothing herein shall confer the right to alienate, convey, or dispose of any such lands, except in accordance with the constitution and laws of said Cherokee Nation.
'And the said Delawares, parties of the second part, agree that there shall be paid to the said Cherokees from the Delaware funds, now held or hereafter received by the United States, a sum of money equal to one dollar per acre for the whole amount of one hundred and sixty acres of land for every individual Delaware who has already been registered upon the aforesaid list, made February 18, 1867, with the...
To continue reading
Request your trial-
Weeks v. United States
...and the children of these registered Delawares thereafter born becoming native blood Cherokees, citing Cherokee Nation v. Journeycake, 155 U.S. 196, 15 S.Ct. 55, 39 L.Ed. 120, and Delaware Indians v. Cherokee Nation, 193 U.S. 127, 24 S.Ct. 342, 48 L.Ed. 646, inter Plaintiffs conclude that t......
-
Cherokee Nation v. Nash
...to native Cherokees of Cherokee descent." Journeycake v. Cherokee Nation , 28 Ct.Cl. 281, 312 (Ct. Cl. 1893), aff'd 155 U.S. 196, 15 S.Ct. 55, 39 L.Ed. 120 (1894). The 1839 Cherokee Nation Constitution also expressly prohibited people of "negro or mulatto parentage, either by the father or ......
-
United States v. Felter, CR 81-00068J.
...782 (1962). As the Court of Claims explained in Journeycake v. Cherokee Nation, 28 Ct.Cl. 281, 302 (1893) affirmed, 155 U.S. 196, 15 S.Ct. 55, 39 L.Ed. 120 (1894): The distinctive characteristic of tribal communal property is that every member of the community is an owner of it as such. He ......
-
Delaware Tribal Business Committee v. Weeks Absentee Delaware Tribe of Oklahoma Business Committee v. Weeks Andrus v. Weeks
...tribe. See, e. g., Delaware Indians v. Cherokee Nation, 193 U.S. 127, 24 S.Ct. 342, 48 L.Ed. 646 (1904); Cherokee Nation v. Journeycake, 155 U.S. 196, 15 S.Ct. 55, 39 L.Ed. 120 (1894). Despite their association with the Cherokees, these Indians, called "Cherokee Delawares" in this suit, hav......
-
"A TRAVESTY OF A MOCKERY OF A SHAM": THE FEDERAL TRUST DUTY AND INDIAN SELF-DETERMINATION
...conveyed to the Cherokee Nation under a patent by the United States "to the Cherokees as a nation." See Cherokee Nation v. Journeycake, 155 U.S. 196, 207 (1894); Act of May 28, 1830, ch. 148, 4 Stat. 411, 412. That conveyance was in furtherance of the Treaty with the Western Cherokee procla......