Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1896-02-27
THE FREEDMAN CASE.
A Clear Statement Of the Agreement
With the Delegates.
ST. LorIS Nc. Eel


EDITOR CHIEFTAIN:-Thinking
that it would be OF interest 10 your
people to know exactly the terms
of the settlement of the case of
Moses Whitmire, trustee of the
freedmen of the Cherokee nation
against the Cherokee nation and
the United States in the court of
claims at Washington, as attorney
for Mr.. Whitmire, | will make the
following statement:
By the terms of the settlement
agreed upon between the Chero-
keep council and Mr.. Whitmire,
the provision in the decree render
ed last May making the Wallace
roll binding on the nation was to
be stricken therefrom, and a COM
mission to be appointed, one by.
the Cher0kees, ole by the freed
men, and one by Judge Parker, to
ascertain who the freedmen were.
This commission was to accept the
Cherokee roll of freedmen as con-
elusive, and hear no evidence
about 1t except who was alive aud
was on that roll and who had been
born to the people on that roll and
Were alive May 3, 1894. In con.
sideration of this being done, the
Cherokees were to consent that the
judgment be increased from $780,
900, to 81 300, Goo. or so much of
this as was needed to pay each
freedman the sum of $685. was
to be used, and The surplus, il any,
was to be returned to the Chero-
kee nation. Mr.. Boudinot, repre-
senting the Cherokees, and my
self asked the court to carry into
effect this agreement. The court
took the matter into consideration
in December, but decided the 9th
of January that it was not in its
power to change the original de-
cree. but said that it was proper
for the Cherokee council to appro-
pirate this additional sum of $780,
900, or so much of it as was need
ed to equalize the freedmen with
the Cherokees, and it allowed the
Wallace roll TO remain in the de-
cree as it was last May Imme-
diately after this, Mr.. Turner, Mr..
Whitmire and myself. held long
with Chief Mayes, Mr..
Boudinot and the Cherokee dele
cation, being Messrs. Harris, Benge,
Young and Smallwood, to see if
we could reach any settlement of
this controversy along the line that
had been agreed to by the council |
aud Mr.. Whitemire. Finally we
reached this conclusion: That the |
provision about the Wallace roll |
should be stricken from the decree
and that three commissioners |
should be named, one by each par !
ty, and one by the secretary of the |
interior. t. take census of the
freedmen. this commission to hear
no evidence against the truthful
ness of the Cherokee roll, but to
adopt 1t and ascertain who on that
roll was alive and who of the peo-
pie had been born to the persons
On that roll were alive on May 3,
1891, aud then to hear such evil
ience as may be offered by any |
other freedmen claiming a right to
share under the treaty of 1866. Mr..
the delegation, and
Chief Mayes agreed that the coun-
ell should be called together at an
early date at a special session and
appropriate this 100000. leaving
The judgment stand at $500, 900,
all told 81 100000, as had
been agreed by the act of the coun-
I'll of December, 1895. By this agree
nent you will see that the provis-
on making the Wallace roll b.nd-
ng upon the Cherokee nation is
set aside, and the provision limit
ng the recovery OF the freedmen
o $500, 600 is sci aside, that is to
say, the council votes 100000
n addition to this, and each freed
nan will be allowed s295. .35, the
same as the Cherokees have paid
themselves, instead of s256 a piece,
/, was found by the judgment Of
he court at Washington, and in
his way it seems to me that every
body should be satisfied with this
settlement. Chief Mayes has
promised to call the council togeth-
n at an early date, and the secre-
ary of the interior has promised to
lppoint the commission at an ear
y date to take the census, and |
zee no reason why all of this mat
er should not be ended within the
lext three or four months. have
ull faith that the Cherokee nation
viii DO what its representatives
lave agreed to 10, and it must do
his in order TO avoid the binding
fleet of the Wallace roll in the
lecree, as this is my agreement
with Mr.. Boudinot that this should
,e done, and if this is not done, of
course the Wallace roll will still
lave 10 be binding on the nation.
wish you would please insert
his as an authoritative and correct
tatement of the settlement of the
controversy between these parties.
Yours truly.
r. II. KERN,
Attorney for Whitmire.