Delaware Indians v. Cherokee Nation

Background

A group of Delaware Indians who moved into the Cherokee Nation (the registered Delawares) sued the Cherokee Nation to determine their rights under an 1867 agreement. That agreement promised homes equal to 160 acres per registered Delaware, payment into the Cherokee national fund, and incorporation of those Delawares as Cherokee citizens. Congress authorized the suit in the Court of Claims to decide what rights the Delawares actually received in Cherokee lands and funds. At the time of removal there were 985 registered Delawares, and 212 survivors when this suit began.

Reasoning

The key question was whether the agreement gave each registered Delaware full, permanent ownership of specific land, or only a right to occupy homes and share in future allotments. The Court examined the written contract, the Cherokee constitution and laws, and earlier decisions. It found the lands were described as Cherokee lands, limited “for occupancy,” and subject to Cherokee rules that prevented individual alienation. The Court rejected attempts to change the written terms by later testimony and concluded the Delawares received occupancy rights during life and the right to participate equally with Cherokee citizens in allotments, with a guaranteed minimum of 160 acres if land was scarce.

Real world impact

Registered Delawares and their descendants are entitled to the same participation in Cherokee land allotments as native Cherokee citizens, and they are guaranteed at least 160 acres with improvements if the total land is insufficient. The ruling does not give them unrestricted title in fee simple, nor does it authorize broad judicial overhaul of the Cherokee Nation’s internal political or financial administration.