Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-06-27

claims of March IS, 1895, in the |
Freedmen case in which we, as
adopted white citizens, were
brought in as one of the parties
having an interest in the money
held by the United States reads as
follows: at is contended by the
council for the complainants the
recovery here should not be based
on that proportion, but that the
court should a'iard to the freed.
men at the sama per capita rate
that which the native Cherokees
distributed among themselves.
If these funds were the property
of the four joint owners it would
be just to award to three of them,
the Delaware, Shawnees and freed
men, the same amount, or the
same proportionate amount, that
has been appropriated to them
selves by the fourth, the native
Cherokees. But this may not be
the case. Under the decision of
this court in the previous cases,
affirmed by the supreme court,
these fulds are the common proper
ty of all Cherokee citizens. The
same clause of the Cherokee con-
stitution, which recognizes call In
dians" and freedmen, and declares
them to be citizens of the Chero-
kee nation and classes them with
''native born Cherokees," also
recognizes and classifies "whites,
legally members Of the nation by
adoption. In the enumeration
above given it appears that there
are two thousand eleven adopted
whites and ninety-three Greeks
and Choctaws, making 2,1O4.
They are not before the court, the
| jurisdictional act does not extend
to them, but their equity in the
fund, which is the subject of this
litigation, may be as strong as that
of the complainants or of those
who are Cherokees by blood. The
only evidence before the. court in
any of these three cases setting
forth the whole number of the
Cherokee nation, enumerates these
adopted whites, Creeks and Choc.
taws as citizens and as a part o.
the whole number. The court iol
the purpose of distribution of thi.
fund must assume them to he sucf
and protect their interests in it,
any they have. When the Chero.
kee nation paid away the money tC
those who are "Cherokees by
blood" they appropriated no
only the shares of the Delawares
Shawnees and freedmen but alsC
the share of the adopted whites
and Indians and thereby double
swelled the per capita payment
! which they made to themselves
If the court were now to award t
I the Delawares, Shawnees anC
, freedmen this fictitious amour
per capita that was appropriated
/: by the native Cherokees it nigh
be a similar mis.appropriation o
5 money equitably belonging to par
e ties not before the court, money il
which the complainants have n
d constitutional, legal or equitabl
r right, and which is no more thei
). money than their money was tn
. property of the Cherokees b
v blood. The court does not inten
n to express an opinion concernin
: the constitutional rights of thes
u adopted citizens in the commo
n property of the Cherokee nation
e but 80 long as they appear in tn
II evidence in these cases as citizen
,. the court must assume them to |
e citizens, and as such recognil
e their possible right.
!, This is not an action to recov'
. damages in the nature ofa suit
!, law, nor is it a proceeding in equit
/ to wind up and dispose of the a
70 fairs and assets of a partnership
~ II is simply a suit of equitab
- owners Of a specific fund to reco
:, er their proportionate share in III
"a same. The jurisdictional act re
"a ognizes this fact for il authoriz
- suits to be brought for the propo
> > tionate shares Of the parties
- funds derived from the sales
~ leasing of lands Of the Cherok
:, nation. The court cannot 90 b
90 yond this if it would, and no cou
~ of equity will award to II pers'
20 more than is legally and equitab
10 entitled to because a party havi
I a right to share in the fund is n
10 within the jurisdiction of I
he court"
en- You see we are recognized
AT the United States authorities
in citizens and equals in everythir
all we have to do is to stand togel
ge er. Iwould suggest that it wol
b. be a good plan to have meeli
in some time before the election o
DIV select the men from the two p
of ties that we will support in
ow election and give them a solid yo
Each party has a white man, c
| ored, Delaware and Shawnee,
for order TO split the vote OF the ado
he ed citizens and then beat them {
in As for me | would as soon have
ee- Cherokee If he was all right a
ied white man, and much prefer him
nd the white man that has fought
IAN own color. God deliver me fr
,ou white man with hunting 81
as. on.
nee ! would like TO hear some .
bal gestions from others.
,ou Respectfully,
our WM. Jackson