Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-04-04
THE DAY OF JUBILEE.
Glad Tldlng Of Great Joy to the Col
Ored People.
ST. LouIs. March %. 1S9

OTtu EtOplcs
ST. LOUIS, March 20, 1895.
MosEs WHITMIRE, Esq Dear
Sir,-I nand you herewith GER
tined copies of the opinion deiv-
cred by the court of claims at
Washington, ID. e., in the case
of Moses Whitmrie, trustee of the
Freedmen of the Cherokee nation
VS.. the Cherokee nation and the
United States. The sum and sub
stance of the result Of this case is
this: That the court finds the
freedmen are entitled to the same
property rights in the common
property of the Cherokee nation
as the native Cherokees. 1t finds
that the distribution of 1886, 1890
and 1894 per capita to the Cher
okees by blood, was larger than it
should have been; that it should
have been figured on the basis of
including the adopted citizens and
the freedmen with the Indians, so
that each persons share would
have been in distribution of 1856,
some few dollars less than it was
in the distribution of 1890 and in
the distribution of 1894. They find
the Wallace roll to be evidence of
citizenship of the freedmen, and
take the number as found in
March, 1888, as 1924. 1t was
stipulated by the parties to this
suit that three. per cent. per year
should be added to this number to
find what the number of freedmen
was at any time, but the court
took this view of that, that if it
showed the same increase in the
freedmen, it must show the same
in the adopted citizens aad the ma
tive Cherokees. Taking this view,
it took the census of 1890, which
showed something over II 600 ma
tive Cherokees. 1900 adopted cit
liens and about 1000 freedmen,
with a few. Choctaws, until it
made the number at 2S, ,243. 1t
then took the money distributed
in 1886, $500, 900, in 1890, ,s30O, 900,
SO, 100000 in 1894, and adding
these amounts, it made 81 ,240, ,00C.
This divided by 2S, ,243, would give
the freedmen about $3.50 apiece.
1t ordered the secretary of the in
terror TO send a commissioner to
the territory and take the Wallace
roll as approved, showing 1924
people, ascertaining who Of that
roll was dead or had lost the cit
izenship, and who was born to
these people since March, 1855,
and upon the roll as thus revised,
that is to say, such as were alive
at this date, and the descendants OF
all who were on that roll in March
1888, should comprise the number
among whom the sum found by
the court, that is to say, 1903 1866,
shall be divided. We are going
to ask the court to revise this find.
ing, and hope to get perhaps an
addition VI one or two hundred
thousand dollars to this fund, max
ing over a million to be divided.
This matter will probably be dis
posed of in a few weeks, or as soon
as the court can reach it. In a few
words, you can say to your people
that you have obtained a judgment
for 1903, ,365 and that you have got
ten the Wallace roll accepted by the
court as evidence of citizenship.
and as soon as that can be revised
by showing who was born since
then to people on that roll, aud
who is dead or moved away, by
the secretary of the interior, the
money will then be distributed
among your people on notice being
given TO them. As one of your
attorneys, who has been with this
case from It's beginning, it gives
me pleasure to certify to your alb.
solute faithfulness in every res
pect, and to say that the people OF
your race in the nation owe you a
lasting debt Of gratitude, for you
have done what not one man in
ten thousand would have done,
that il, you have given up about
three years Of your time, on the
advice of your attorneys, to watch
ing their claims, and it was prose
euted as rapidly through the
courts as 1t could have been done
Hoping that inside OF sixty ol
ninety days the money will be
ready for distribution, ain,
Your friend,
r. II. KERN.