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Claims of the Delaware Indians



Memorial of the Delaware Tribe of Indians, Showing

the services rendered by them to the

United States in Various Wars



June 24, 1921



MEMORIAL



OP THE DELAWARE TRIBE OF INDIANS

BY

Richard C. Adams



In support of Senate Bill (563 and H. R. GO/51



CLAIMS OF THE DELAWARE INDIANS.

Memorial oe the Delaware Tribe oe Indians, Showing the

Services Rendered by Them to the United States

in Various Wars.

June 24th, 1921.

MEMORIAL

Of the Delaware Tribe oe Indians

by

Richard C. Adams.

In Support of Senate Bill 663 and H. R. 6051.



To the Congress of the United States:

How familiar we have become with the readiness of the foreign
born to proclaim, "I am an American!" Pride, at least, and per-
haps distinction attaches where an ancestry has long been such.
On September 17, 1778, the United States entered into alliance
with the Delaware Nation of Indians for offensive and defensive
purposes, thus making of the Delawares the first allies of our gov-
ernment.

The Delaware Indians during the Revolutionary War furnished
the Colonial Government two Colonels, White Eyes and Win-Ge-
Nord, and nine hundred soldiers as their quota. Surely the sons
of Revolution and of American Revolution, who proudly proclaim
their ancestral loyalty, should cordially greet every Delaware In-
dian as truly representative of that which is American "First."

Pennsylvania has reason to be proud of the friendship of the
Delawares as the greater part of that State was ceded by them in
the treaty with William Penn. They espoused the cause of the
Colonists and fought shoulder to shoulder with them against the
British during the war of the Revolution throughout the Western
part of that State, and were in attendance at the Congress held at
Philadelphia.

3



Ohio and Indiana have reason to proclaim a Brotherhood to
these true and loyal Americans as this territory was thrown open
by them to the Continental army, and thus gave our Revolutionary
fathers an advantage that was theirs as a matter of concession
rather than a matter of right.

Florida should have kindly remembrance for them, for after
the Seminole War had cost the United States government about
thirty thousand (30,000) lives and had continued for many months,
the Delawares gave to our government the services of one hundred
eighty-six (186) of their skilled warriors, who acted as scouts and
guides, and countered the Seminoles in the Everglades in battle of
their own kind, and in so doing brought to a close that war within
sixty (00) days from their entrance into the campaign.

California, too, should extend to them a welcoming hand for
it was the Delaware Indians that guided Fremont across the Rockies,
and supported and encouraged him throughout his activities in
the Mexican War. 'Twas a Delaware Indian that pulled down
the flag at Monterey and our records show that over one hundred
(100) of this little band fought under Captain Blackbeaver in old
Mexico, in support of our government's cause.

These matters are referred to as a reminder to the citizens of
the several states as well as to the citizens of all the United States
that they owe to these real Americans, who were the first allies
of our government more than a debt of gratitude.

The facts set forth in House Document (H. R., 755, May 25,
1912) are matters of historical interest, which your memorialist
requests shall be printed as a part of this document. It is also
requested that this document contain the report of the Secretary
of the Interior, dated April 22, 1010, and addressed to the Hon-
orable Frank W. Mondell, Chairman of the Committee on Public
Lands of the House of Representatives. This document and the
Secretary's report reflect the justice of the claims of the Delawares.

Respectfully submitted,

The Delaware Indians Residing in Oklahoma,

By Richard C. Adams.
4



The Document and Report follow :

DEPARTMENT OF THE INTERIOR

Washington

April 22, 1910.
K. M. T.

Addressed only the Secretary of the Interior.
Hon. Frank W. Mondell.

Chairman Committee on Public Lands,
House of Representatives.

Sir: With your note of March 0, you transmitted copy of H.
R. 22009, a bill "To compensate the Delaware Indians for services
rendered by them to the United States in various wars*' with a
request for report thereon and an expression of opinion relative
thereto.

Representatives of the Delaware Indians requested an oppor-
tunity to present their views in the matter but did not appear until
the 19th instant.

March 3, a bill was introduced in the Senate No. 0940, in words
identical with H. R. 22009. April 11, a memorial was presented
to the Senate in support of bill 0940, and printed as Senate Docu-
ment No. 483, Sixty-first Congress, Second Session, December 7,
1!>0!>, there was introduced a bill, H. R. 1343, to provide for the
issuance to the Business Committee of the Delaware Indians, for
the benefit of the trite, military bounty land warrants of the de-
nomination 100 acres each, aggregating 170,000 acres. This De-
partment made report thereon to your Committee January 11, 1910,
recommending for the reasons given therein, that said bill should
not be enacted into law.

The bill now under consideration provides that as compensation
for services rendered by the Delaware Indians to the United States
in various wars, there shall be issued to the Business Committee
of the Delaware Indians for the members of the tribe residing in
Oklahoma, land warrants aggregating 170,000 acres, which may
be located on any public lands of the United States, which said
warrants may be located, sold or otherwise disposed of by said
Business Committee in the manner directed by said Delaware In-
dians in council.

There is no doubt that in the earlier wars, beginning with the
Revolutionary, the Delaware Indians as a body were loyal to the
United States and furnished . warriors in considerable numbers,
and that in the later wars individual Delawares entered the service
of the United States either as soldiers or scouts.



The representatives of the Delaware Indians state that they are
not asking for bounty for services rendered subsequently to 1855
and that they refer to their services in the Civil War, and subse-
quently, more especially as the proof of their loyalty to the United
States. It remains, however, that the bill specifically says that it
is intended to provide compensation for services rendered in vari-
ous wars there being no limit to those occurring prior to 1855. It
is true, as stated by the representatives of the Indians, that it is
impossible to identify or designate the individual Delawares who
took part in the wars prior to 1855, and further that, if it were
possible to identify any number of these individuals it would be
impossible to trace and designate their descendants living at this
time.

The claims of, the Indians are fully set forth in the memorial
spoken of and this Department is not in position, even if that were
desirable, to attempt to controvert those claims. In short, this is
a matter which addresses itself to the discretion of the Congress
both as to whether the claims of the Indians for compensation shall
be recognized and as to the manner in which such recognition shall
be expressed. The only practicable way to afford any benefit at
this time would be a provision for payment in some form to the
tribe to be distributed per capita. If the Congress shall determine
that some such recognition should be given the services of these
Indians this Department would interpose no objection but would
be inclined to advise that such recognition be given by direct pay-
ment rather than by the issue of bounty land warrants which would
become a matter of speculation.

Very respectfully,

(Signed) R. A. Baujnger,

Secretary.

Mr. Mondell, Committee on Public Lands, submitted the follow-
ing :

** REPORT **
(to accompany H. R. 22009)

The Committee on Public Lands to whom is referred H. R.
22069 have had the same under consideration and return it with
the following report :

This is a claim of the Delaware Tribe of Indians residing in
Oklahoma for compensation due them for services rendered by

them to the United States in various wars.

Your Committee are of the opinion that there is justice in the
claim of the Delaware Indians and believe that compensation should
be awarded to them, either in land warrant bounties or in cash.

6



thl nJl! t , n ° d ° Ubt m the ° pinion of the Committee that

the Delaware Indians, as a. tribe, furnished soldiers in all of the
wars m which the Colonists and the United States have been en-
gaged from the Revolutionary War to and including the Civil War.

The Secretary of the Interior has so reported to this Committee
and it is also shown by many authentic reports, documents, and
historical references to which this Committee has been referred.

J S * ls ° shown b y the several treaties between the United States
and the Delaware Tribe of Indians, beginning with the treaty of
September 17, 1778, Article 111, reads as follows:

"And whereas the United States are engaged in a just
and necessary war, in defence and support of life, liberty,
and independence against the King of England and his ad-
herents, and as said King is yet possessed of several posts
and forts on the lakes and other places, the reduction of
which is of great importance to the peace and security of
the contracting parties, and as the most practicable way for
the troops of the United States to some of the posts and
forts is by passing through the country of the Delaware
Nation, the aforesaid deputies, on behalf of themselves and
their Nation, do hereby stipulate and agree to give a free
passage through their country to the troops aforesaid and
the same to conduct by the nearest and best ways to the
posts, forts and towns of the enemies of the United States,
affording the said troops such supplies of corn, meat, horses,
or whatever may be in their power for the accommodation
of such troops, on the Commanding Officer's Co., paying
or engaging to pay, the full value of whatever they can
supply them with. And the said deputies, on behalf of
their nation, engage to join the troops of the United
States aforesaid, with such number of their best and most
expert warriors as they can spare, consistent with their own
safety, and act in concert with them ; and for the better
security of the old men, women and children of the afore-
said nation, whilst their warriors are engaged against the
common enemy, it is agreed on the part of the United
States that a fort of sufficient strength and capacity be built
at the expense of the United States, with such assistance
as it may be in the power of the said Delaware Nation to
give, in the most convenient place, and advantageous situa-
tion, as shall be agreed on by Commanding Officers of the
troops aforesaid, with the advice and concurrence of the
deputies of the aforesaid Delaware Nation, which fort shall
be garrisoned by such number of the troops of the United

7



States as the Commanding Officer can spare for the present,
and hereafter by such numbers, as the wise men of the
United States in council, shall think most conductive to the
common good."

Article 2 of the treaty of the 22nd day of July, 1814, reads as
follows :

"Article 2 — The tribes and bands above mentioned en-
gage to give their aid to the United States in prosecuting
the war against Great Britain and such of the Indian tribes
as still continue hostile, and to make no peace with either
of them without the consent of the United States.

"The assistance herein stipulated for is to consist of such
a number of their warriors from such tribe as the Presi-
dent of the United States, or any other officer having his
authority therefor, may require.''

There can be no doubt that the Delaware Indians as a tribe per-
formed valuable services to the United States in the Revolutionary
War, in the War of 1812, in the Florida War, in the Mexican
War and many of the Indian Wars. The facts are shown bv vari-
ous Government reports and records, reference to which is found
in Senate Document No. 501, 50th Congress, 1st Session, and in
the memorial submitted to the Committee.

The wording of the treaties and other authentic documents
show, and it appears to our satisfaction, that it was the tribe who
furnished the warriors, which they did as a tribe, and that the
tribe from their own tribal resources supported and maintained
the families of the warriors who were fighting for the United
States. It is shown to our satisfaction that these Delaware Indians
would be entitled to bounties under the general law but the strict
proof required by the general law would be difficult to secure at
this late date largely owing to the neglect of the Government to
keep authentic records and to the facts that many records were
destroyed by the British at the time they burned Washington. The
fact that the Delawares as a Nation furnished the warriors, at
least for the most part, makes it fitting and proper in the opinion of
this Committee and we recommend that, following the usages and
customs of the Delaware Indians, the compensation, whether for
bounties or cash, be granted to the tribe rather than to the heirs
of the soldiers who served.

Your Committee is undetermined as to the amount of compensa-
tion that should be due the Delaware Tribe of Indians and also
undetermined as to whether it would be most proper to compensate
the said Delaware Tribe of Indians in cash or in land warrant

3



reTrredNrl'col'r 6 ^ ° f */ ^n™ that this bil1 ^ould be
referred to the Court of Claims for the Court to consider and de-

rDdaw^Trt ° f f C T °7 enSatl °? ^ Sh * uld ^awkrdedt
trie Delaware Tribe of Indians and to determine whether such

inXd Sa uT IT 1 ' ^ " C u aSh ' and if in Cash ' what ™ orif
in land warrant bounties, the amount to be awarded, and report
herewith a resolution to that effect and recommends its adoption

IN THE HOUSE OF REPRESENTATIVES.

of H^R^Oril^ n : ° mmittee ° n Public bands', reported in lieu
oi H. K. ^2069 the following resolution which was reported to the
Committee of the whole house and ordered to be printed.

RESOLUTION.

Resolved, that the bill, H. R. 22069, to compensate the Dela-
ware Inbe of Indians for services rendered by them to the United
States in various wars, with all the accompanying papers be and
the same is hereby referred to the Court of Claims to 'find and
determine what compensation the said Delaware Tribe of Indians
should receive for services to the United States in various wars
whether such compensation would more justly be in land warrants'
which may be located on any vacant public lands of the United
States, or whether such services could more justly be compensated
for in cash and to determine the amount thereof, under the treaty
of September, I77j£with the Delaware Tribe of Indians and the
1^ treaty of July 22, 1$14, between the United States and the Dela-
ware Tribe of Indians, and other documents, letters, reports, and
promises to the Delaware Trite of Indians, muster-out-rolls' and
such other evidences as may be obtainable, and to report the same
to Congress.

REVISED STATUTES, PAGE 443.

_ Sec. 2410. In all cases of warrants for bounty-lands, issued by
virtue of an act approved July twenty-seven, one thousand eight
hundred and forty-two, and of two acts approved January twemy-
seven, one thousand eight hundred and thirty-five, therein and
thereby revised, and of two acts to the same intent, respectively,
approved June twenty-six, eighteen hundred and forty-eight, and
February eight, eighteen hundred and fifty-four for military serv-
ices in the Revolutionary War, or in the War of Eighteen Hun-
dred and Twelve with Great Britain, which remained unsatisfied
on the second day of July, eighteen hundred and sixty-four. It
is lawful for the person in whose name such warrant issued, his

9



heirs or legal representatives, to enter in quarter-sections, at the
proper local land office, in any of the States or Territories, the
quantity of the public lands subject to private entry which he is
entitled to under such warrant. (Claims for bounty-lands in vir-
tue of certain acts named, etc., 2 July, 1864, c. 226, s. 1, v. 13, p.
378.)

Sec. 2417. All warrants for bounty-lands referred to in the pre-
ceding section may be located at any time, in conformity with the
general laws in force at the time of such location. (Same subject,
2 July, 1864, c. 226, s. 2, v. 13, p. 379.

Sec. 2418. Each of the surviving, or the widow or minor chil-
dren of deceased commissioned and non-commissioned officers,
musicians, or privates, whether of regulars, volunteers, rangers, or
militia, who performed military service in any regiment, company
or detachment, in the service of the United States, in the war with
Great Britain, declared on the eighteenth day of June, eighteen
hundred and twelve, or in any of the Indian wars since seventeen
hundred and ninety, and prior to the third of March, eighteen hun-
dred and fifty, and each of the commissioned officers who was en-
gaged in the military service of the United States in the war with
Mexico, shall be entitled to lands as follows : Those who engaged
to serve twelve months or during the war, and actually served nine
months, shall receive one hundred and sixty acres, and those who
engaged to serve six months and actually served four months, shall
receive eighty acres, and those who^ engaged to serve for any or
an indefinite period, and actually served one month, shall receive
forty acres; but wherever an officer or soldier was honorably dis-
charged in consequence of disability contracted in the service, be-
fore the expiration of his period of service, he shall receive the
amount to which he would have been entitled if he had served the
full period for which he had engaged to serve. All the persons
enumerated in this section who enlisted in the regular army, or
were mustered in any volunteer company for a period of not less
than twelve months, and who served in the war with Mexico and
received an honorable discharge, or who were killed or died of
wounds received or sickness incurred in the course of such serv-
ice, or were discharged before the expiration of the term of serv-
ice in consequence wounds received or sickness incurred in the
course of such service, shall be entitled to receive a certificate or
warrant for one hundred and sixty acres of land; or at option
Treasury script for one hundred dollars bearing interest at six
per cent per annum, payable semi-annually, at the pleasure of the
Government. In the event of the death of any one of the persons
mentioned in this section during service, or after his discharge,
and before the issuing of a certificate or warrant, the Warrant or
script shall be issued in favor of his family or relatives; first.

10



to the widow and his children; second, his father, third, his mother,
fourth, his brothers and sisters. (Bounty-lands for soldiers in cer-
tain wars. 11 Feb., 1847, c. S, s. 9, v. 9, pp. 125, 126. 28 Sept.,
1850, c.

Sec. 2419. The persons enumerated in the preceding section re-
ceived into service after the commencement of the war with Mex-
ico, for less than twelve months, and who served such terms, or were
honorably discharged are entitled to receive a certificate or war-
rant for forty acres, or scrip for twenty-five dollars if preferred,
and in the event of the death of such person during the service,
or after honorable discharge before the eleventh of February,
eighteen hundred and forty-seven, the warrant or scrip shall issue
to the wife, child, or children, if there be any, and if none, to the
father, and if no father to the mother of such soldier. (Certain
classes of persons in the Mexican War, their widows, etc., entitled
to forty acres. Ibid., p. 126.

Sec. 2420. Where the militia, or volunteers, or State troops of
any State or Territory, subsequent to the eighteenth day of June,
eighteen hundred and twelve, and prior to March twenty-second,
eighteen hundred and fifty-two, were called into service, the offi-
cers and soldiers thereof shall be entitled to all the benefits of sec-
tion two thousand four hundred and eighteen upon proof of length
of service as therein required. (Militia and volunteers in service
since 1812. 22 Mar., 1852, c. 19, s. 4, v. 10, p. 4.

Sec. 2421. No person shall take any benefit under the provisions
of the three preceding sections, if he has received, or is entitled to
receive, any military-land-bounty under act of Congress passed
prior to the twenty-second March, eighteen hundred and fifty-two.
(Persons not entitled under preceding sections. 28 Sept., 1850, c.
85, s. 1, v. 9, p. 520.

Sec. 2422. The period during which any officer or soldier re-
mained in captivity with the enemy shall be estimated and added
to the period of his actual service, and the person so retained in
captivity shall receive land under the provisions of sections twenty-
four hundred and eighteen and twenty-four hundred and twenty,
in the same manner that he would be entitled in case he had en-
tered the service for the whole term made up by the addition of
the time of his captivity, and had served during such term. (Period
of captivity added to actual service. 28 Sept., 1850, c. 85, s. 2, v:
9, p. 520.)

Sec. 2423. Every person for whom provision is made by sec-
tions twenty-four hundred and eighteen and twenty-four hundred
and twenty shall receive a warrant from the Department of the In-
terior for" the quantity of land to which he is entitled; and, upon
the return of such warrant, with evidence of the location thereof

11



having been legally made to the General Land-Office, a patent shall
be issued therefor. (Warrant and patent to issue, when. 28 Sept.,
1850, c, 85, s. 3, v. 9, p. 520.)

Sec 2424. In the event of the death of any person, for whom
provision is made by sections twenty-four hundred and eighteen
and twenty-four hundred and twenty, and who did not receive
bounty-land for his services, a like warrant shall issue in favor ot
his widow, who shall be entitled to one hundred and sixty acres of
land in case her husband was killed in battle; nor shall a subse-
quent marriage impair the right of any widow to such warrant, if
she be a widow at the time of making her application. ( Widows
of, persons entitled. 28 Sept., 1850, c. 85, s. 3, v. 0, p. 520.)

Sec. 2425. Each of the surviving persons specified in the classes
enumerated in the following section, who has served for a period
of not less than fourteen days, in any of the wars which the United
States have been engaged since the year of seventeen hundred and
ninety, and prior to the third day of March, eighteen hundred and
fifty-five, shall be entitled to receive a warrant from the Depart-
ment of the Interior, for one hundred and sixty acres of land; and,
where any persons so entitled has, prior to the third day of March,
eighteen hundred and fifty-five, received a warrant for any num-
ber of acres less than one hundred and sixty, he shall be allowed
a warrant for such quantity of land only as will make, in the whole,
with what he may have received prior to that date, one hundred and
sixty acres. (Additional bounty-lands, etc., 3 Mar., 1855, c. 207,
ss. 1, 3, v. 10, pp. 701, 702.

Sec. 2426. The classes of persons embraced as beneficiaries
under the preceding section, are as follows, namely :

First. Commissioned and non-commissioned officers, musicians,
and privates, whether of the regulars, volunteers, rangers, or
militia, who were regularly mustered into the service of the United
States.

Second. Commissioned and non-commissioned officers, seamen,
ordinary seamen, flotilla men, marines, clerks, and landsmen in
the Navy.

Third. Militia, Volunteers, and State troops of any State or
Territory, called into military service, and regularly mustered
therein, and whose services have been paid by the United States.
• Fourth. Wagon-masters, and teamsters who haVe been em-
ployed under the direction of competent authority, in time of war,
in the transportation of military stores and supplies.


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Online LibraryRichard Calmit AdamsClaims of the Delaware Indians; → online text (page 1 of 6)