Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1896-03-26
THE CHIEFS MESSAGE,
To the Special Session of the Cherokee
Council.
Executive Department.
Cherokee Nation.
TAHLFQUAH. March 16, 1896.

That you may understand the
object for Governing you in extra
session | submit herewith two
agreements, one between your at
tOrney, E. c. Boudinot. and R. H.
Kern, attorney for the Cherokee
Freedmen, on the 2Sth day of JAN
uary, 1896; and the other between
the Chief of the Cherokee nation,
and the said Kern on the same
date. These two agreements are
similar in their specifications, the
main features being as follows:
This agreement made and en-
tered into on the 2Sth day of jan
uary, 1896, by and between E, C.
Boudinot, acting as the duly auth
orized attorney of the Cherokee
nation, for the purpose of settling
the suit of Moses Whitmire, trus-
tee of the Freedmen of the Chero-
kee nation VS.. the Cherokee ma
tion and the United States in the
court of claims at Washington, ID.
c., and Robert H. Kern, acting as
attorney for said Whitemire. wit
nesseth:
THAT the said Robert H. Kern
hereby agrees with said Boudinot
to obtain the consent of said trus-
tee and said court of claims that
the provision in the decree therein
making the Wallace roll binding
on the Cherokee nation shall be
stricken therefrom and in lieu
thereof provision inserted, pro-
viding that the identity of the
number of Freedmen mentioned
in said decree shall be ascertained
by commission approved by said
court. and the said Boudinot
agrees with the said Kern in con-
sideration of having this done, to
have the principal chief of the
Cherokee nation call together the
national council thereof within a
reasonable time, and to have said
national council so convened, ap-
propriate such sums OF money as
may be needed in excess of the
amount decreed to be due the
Freedmen in the above case as
may be necessary to equalize the
said Freedmen in the amounts the
Cherokees have paid themselves
in the three payments complained
of in the suit. 1t being under
stood that if the said calling of the
council and an appropriation by
it of said sum shall fail, then the
provision striking from said de-
cree the Wallace roll shall be set
aside aud the decree shall remain
in iorce as it now is"
In the agreement between my
self and Mr.. Kern the same pro-
vision is mentioned, the only diff
ference being "Sum in excess of
the judgment for 1908, 254, now
standing in said decree in favor
of the complainants therein, an
additional sum of 100000 in said
act of December z, 1895, with the
reservation that any surplus is to
be returned to the Cherokee ma
ton"
The act of compromise referred
to and date given, herewith sub
mitted, increases the courts judg-
ment for the s903, ,254 to 81 ,30O,-
600. The surplus, as mentioned
in the words just quoted, is TO be
returned TO the Cherokee nation,
if any, after the distribution is
made.
Although the parties to these
agreements obligate themselves
to accomplish certain purposes
mentioned, it appears from a de-
cision of the court handed down
since, the conditions on part of
Attorney Kern, has been accepted
and promulgated by the court, as
appears from the following taken !
from its decision:
"And it is further ordered and |
sdjudged that for the purpose of
ascertaining and determining who
are the individual Freedmen of |
the Cherokee nation now entitle d |
to share in the distribution of the |
said sum of 1903, ,365 the secretary
of the interior be authorized To ap-
point three commissioners, one on /
the nomination of the defendant,
the Cherokee nation, but both |
nominations to be approved by
him, 10 proceed to the Cherokee
country and hear testimony both
for and against the identy of all
freedmen, free colored persons and
their descendants, claiming to be
entitled to share III the tribution
of said s903, ,365, that may be Of
fered by the respective parties to
this suit; and that each OF said par
ties shall be entitled To be repre-
sented before said commission,
either at the taking of testimony
in the Cherokee country or else
where, and the said commission in
ascertaining the identity of the
freedmen entitled to share under
this decree, shall accept what is
known as'the authenticated Cher
okee roll, the same now being on
file in the office of the secretary of
the interior, having been furnish
ed to him and purporting to have
oeen taken by the Cherokee nation
in 1880 show the number of freed
men entitled to citizenship in said
nation under the terms of the
treaty between the United States
and the Cherokee nation hereto
fore referred to, and their descend
ants; and the said commissioners
shall ascertain who of said persons
named on said roll were alive on
May 3, 1894 and no evidence shall
be accepted by said commission
tending to disproye the citizenship
of any person whose name appears
on said roll"
And it is further ordered and
liranfaA that H., H.