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On numerous occasions the reports of the Commissioner of Indian Affairs show that they who were best qualified to know, understood and interpreted the Delaware and Cherokee agreement exactly as the Delawares now claim.

In a memorial presented to the Senate Committee on Indian Affairs on the date of June 19, 1890, John L. Adair and D. W. Bushyhead, Cherokee delegates, made the following statement:

"As has been seen, the Delawares purchased 157,600 acres 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."

The original selection of this land was made by the Delaware delegates on December 9, 1866.

On February 6, 1868, Agent Pratt, in response to a request from the Commissioner of Indian Affairs as to what the Delawares purchased under their agreement with the Cherokees, makes this statement:

"They thereupon-preserving their tribal organization-selected for their future homes that portion of the little Verdigris County" commencing at the Kansas State line where the ninety-sixth meridian crosses the same, thence east 10 miles; thence south 30 miles; thence west 10 miles; thence north 30 miles to the place of beginning.'

In 1904 Theodore Roosevelt promised Senator Quay on his death bed that he would look after the interest of the Delawares. The statement containing the promise of President Theodore Roosevelt is preserved in his autobiography on page 172, a copy of which is handed you herewith. The Delawares regard this as a promise of the President of the United States.

Mr. HILL. The hearing stands adjourned.

INDIANS JURISDICTIONAL ACT

HEARINGS

BEFORE THE

SUBCOMMITTEE ON INDIAN AFFAIRS

HOUSE OF REPRESENTATIVES

SEVENTY-FIFTH CONGRESS

THIRD SESSION

ON

H. R. 6559 and S. 2253

CONFERRING JURISDICTION UPON THE COURT OF CLAIMS TO HEAR, EXAMINE, ADJUDICATE, AND RENDER FINAL JUDGMENT ON ANY AND ALL CLAIMS OF WHATSOEVER

NATURE WHICH THE INDIANS OF THE FORT HALL

INDIAN RESERVATION IN THE STATE OF

IDAHO, OR ANY TRIBE, BAND, OR GROUP

HAVING MEMBERS LIVING THERE

ON, MAY HAVE AGAINST THE

UNITED STATES, AND FOR

OTHER PURPOSES

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