siOBX; - Smithsonian Institution

S WANTON] CHOCTAW SOCIAL, AND CEREMONIAL LIFE 103
part with them, the Chicasaws and they never interrupt each other in tlieir
hunting ; as I mentioned before."*
Yet Halbert reports bitter contests between the two tribes over
certain preserves. Romans states elsewhere that his party savf little
game in their country."
Certainly their territories were not as extensive as those of the
Chickasaw, Creeks, or Cherokee, being closely shut in on the north
and east by the Chickasaw and Creeks, and to the westward not
reaching even to the Mississippi River where the Natchez and a
number of smaller tribes dwelt. The part of this territory continu-
ously occupied was divided up among the local groups treated of
above, each controlled in about the same manner as by the separate
talwa among the Creeks. Romans says : "Although they have a strict
notion of distinction in property, and even divide their lands, we
never hear them quarrel about boundaries." ^®
So far as the Choctaw are concerned the following paragraph from
Cushman appears to be in line with all other information on the sub-
ject of property. It applies, as will be seen, to the claims of indi-
vidual families as well as to those of larger bodies
When a Choctaw erected a house upon a spot of ground, and prepared a few
acres for his corn, beans, potatoes, etc., so long as he resided upon it as his home,
it was exclusively his, and his rights were strictly respected by all ; but if he left
it and moved to another place, then his claim to his forsaken home was forfeited
and whoever saw proper could go and take possession ; nor was the second occupant
expected to remunerate the first for the labor he had done. However, if
No. 1 afterward should desire to return to his previous home he could do so,
provided no one had taken possession. [At] the present time [1899], if one
improves a place and leaves it, no one has the right to take possession of the
deserted place without permission of the one who improved it.""
Claiborne, who derived much of his information from Cushman, is
naturally confirmatory
The land is common to the nation—chiefs and people ; particular lands being
unknown among them but by reservations in the treaties. Their title to their
houses and fields of corn is entirely by occupancy. As soon as the house is
abandoned, any other person may take it. Their right, however, Avhile in
possession or use of the property, is scrupulously respected. When the husband
and wife die leaving no children, the relations of the wife generally take their
house. But if the house was built entirely by the husband, without the
assistance of the wife, in such case, his relations usually take possession. If
the house be an old house and built by neither, it goes to the blood of him who
built it. But these rights mean nothing unless acted upon at the time of the
house being left vacant, for if another be permitted to enter, occupancy, as above
stated, becomes the sole title.*
^ Romans, E. and W. Fla., p. 72. »» Cushman, Hist. Inds., p. 235.
'" Ibid., p. 86. ^ Claiborne, Miss., i, p. 494.
»8 Romans, E. and W. Fla., pp. 87-88.