A stipulation on the part of the Cherokees in an agreement made
by them with the Shawnees under authority of the Act of October 1,
1590, c. 1249, 26 Stat. 636, that the Shawnees, in consideration of
certain payments by them, etc.,
"shall be incorporated into and ever after remain a part of the
Cherokee Nation on equal terms in every respect and with all the
privileges and immunities of native citizens of said Cherokee
Nation"
secured to the Shawnees equal rights with the Cherokees in that
which was the common property of the Cherokee Nation, namely, the
reservation and the outlet as well as all profits and proceeds
thereof.
Without an appeal taken, a party will not be heard in an
appellate court to question the correctness of the decree in the
trial court.
The case is stated in the opinion.
MR. JUSTICE BREWER delivered the opinion of the Court.
This case is similar to that just decided, in which the same
parties were appellants, and Charles Journeycake, Principal
Page 155 U. S. 219
Chief, etc., defendant. The petition was filed under the
authority of the same Act of October 1, 1890, c. 1249, 26 Stat.
636, and to enforce the claim of the Shawnee Indians domiciled in
the Cherokee Nation to an equal interest in the Cherokee
Reservation and Outlet, and the proceeds and profits thereof.
In pursuance of article XV of the Treaty of July 19, 1866, an
agreement was, on June 7, 1869, entered into between the Shawnees
and the Cherokee Nation through their representatives, the
substantial portions of which are as follows:
"Whereas, the Shawnee tribe of Indians are civilized and
friendly with the Cherokees and adjacent tribes, and desire to
settle within the Cherokee country on unoccupied lands east of 96�,
it is therefore agreed by the parties hereto that such settlement
may be made upon the following terms and conditions,
viz.,
that the sum of five thousand dollars belonging to the Shawnee
tribe of Indians, and arising under the provisions of treaties
between the United States and the said Shawnee Indians as follows,
viz., for permanent annuity for educational purposes, per
fourth article of treaty 3d of August, 1795, and third article
treaty 10th of May, 1854, one thousand dollars; for interest at
five percent on forty thousand dollars for educational purposes,
per third article of treaty 10th of May, 1854, two thousand
dollars; for permanent annuity in specie for educational purposes,
per fourth article of treaty 29th of September, 1817, and third
article 10th of May, 1854, two thousand dollars, shall be paid
annually to the Cherokee Nation of said Indians, and that the
annuities and interests as recited and the investment or
investments upon which the same are based shall hereafter become
and remain the annuities and interest and investment or investments
of the Cherokee Nation of Indians the same as they have been the
annuities and interest and investments of the Shawnee tribe of
Indians. And that the sum of fifty thousand dollars shall be paid
to the said Cherokees as soon as the same shall be received by the
United States for the said Shawnees from the sales of the lands in
the State of Kansas known as the 'Absentee Shawnee Lands,' in
accordance with the resolution of Congress approved
Page 155 U. S. 220
April 7, 1869, entitled 'A resolution for the relief of settlers
upon the absentee Shawnee lands in Kansas,' and the provisions of
the treaty between the United States and the Shawnee Indians
concluded May 10, 1854, and also that the said Shawnees shall
abandon their tribal organizations."
"And it is further agreed by the parties hereto that in
consideration of the said payments and acts agreed upon as
hereinbefore stated, that the said Cherokees will receive the said
Shawnees -- referring to those now in Kansas, and also to such as
properly belong to said tribe who may be at present elsewhere, and
including those known as the absentee Shawnees now residing in the
Indian Territory -- into the country of the said Cherokees upon
unoccupied lands east of 96�, and that the said Shawnees shall be
incorporated into, and ever after remain a part of the Cherokee
Nation, on equal terms in every respect and with all the privileges
and immunities of native citizens of said Cherokee Nation,
provided that all of the said Shawnees who shall elect to
avail themselves of the provisions of this agreement shall register
their names and permanently locate in the Cherokee country, as
herein provided, within two years from the date hereof; otherwise
they shall forfeit all rights under this agreement."
The rights of the petitioners are to be determined by this
agreement in the light of article XV of the treaty. The principal
difference between this contract and that made between the
Cherokees and the Delawares consists in the fact that in this there
is no provision for the purchase of "homes" or any payment of
moneys on account thereof into the national fund of the Cherokees;
but nevertheless, there is the express stipulation
"that the said Shawnees shall be incorporated into, and ever
after remain a part of, the Cherokee Nation, on equal terms in
every respect and with all the privileges and immunities of native
citizens of said Cherokee Nation."
For the reasons stated in the opinion in the former case, it
must be held that this stipulation secured to the Shawnees equal
rights with the native Cherokees in that which was the common
property of the Cherokee Nation, to-wit, the reservation and the
outlet, as well as all profits and proceeds thereof.
Page 155 U. S. 221
So far therefore as the appellants are concerned, there was no
error in the decree.
There is an application by the appellee for a modification of
the decree increasing the sums awarded per capita to the Shawnees.
It is enough to say in reference to this application that no appeal
was taken by the appellee. Without an appeal, a party will not be
heard in an appellate court to question the correctness of the
decree of the trial court.
The Stephen Morgan,
94 U. S. 599.
The decree of the Court of Claims is
Affirmed.