The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-11-11
CHEROKEE POLL
Is Being Made and Will be
Forwarded TO WASH
ingtOn

torneyS Tor the Cherokee Nation today
submitted a report Of their work in maxi
ing the freedmen roll which will at once
be forwarded from the executive DEPART
ment to- the national council. now in ses-
sion, The following is the important
past OF the report:
Vinita l. r.. Nov. s.
Hon. r. NJ Burlington. Principal Chief
of the Cherokee Nation. Tahleauah.
indian Territory.
Sir The undersigned attorneys rop-
res nting the Cherokee Nation befO-e the
United states commissioner to the Five
- iized Tribes commonly known as the
Dawes Commission. appointed under the
authority of the national council OF the
Cherokee Nation, approved December g.
l90l respectfully make report ll the pro-
Eress OF The work committed to our
cha-ge.
The United States commission in ac-
cordauce with notice presiOusly advtr-
tised met on the second day Of April.
1901, at Fort Gibson aNd be- gan its work
of enrolling freedmen applying for citi-
2enship under the ninth article OF the
treaty OF 1866.
The number Of ap.icaCions Of heads of
families. including minors. were OF those
found upon the authenticated roll OF lsSD.
l,i4b, the numbe- of doubtful cases OF
heads Of families. including minors. 1885
Under the Instructions from the sccre-
tary OF the interior. the United states
commission could not take the testimony
In rebuttal of any case Of an applicant
found upon the authenticated roll Of 1880
except as to Identification and abiura-
ton OF citizenship. This rule confined the
work Of your attorneys to such as were
not on the authenticated -Oll of 1850. not
withstanding the fact was clearly and
unquestlonably developed during the pro-
efess or the hearings that number OF
persons had been placed upon the roll
OF 1880 who had never been a Cherokee
save. RMS however was no fault of
the commissioner IN charge
'As Will be aeen trial was necessitated
In LOSS eases In which testimony had to
be taken on the part OF the Cherokee Ma
uon or this numbC- we have made ans
Wer in 500 cases OF tins number cofnplete
answers have been made in $40 cases.
There remain now more than 90 cases in
which no answer has been made on ac-
count Of the shortness of the time given
for the making OF answers
The work Of making this freedman
roll Is not more than one-half done and
the end Is difficult TO predict considering
the many divergent duties Of the United
states commission thar have 70 be car
ried along with It,
The Cherokee enrolment has not vet
peen completed, and. IN fact the freed
men enrolment is stlll open and the time
aHoWtu Tor rebuttal testimony I'm the
freedmen cases has been consumed In the
hearing or Cherokee and freedmen ap-
pications
our difficu.ties have been great and
many A whole generation has passed
since the expiration of the time given fo-
the freedmen to retarn. The older peOple
or the time have died and witnesses are
hard to find. The older freedmen have
passed away and their children make dec
larattcn and being utter strangers we are
unable to find any one OF the Che-okees
who know them all A great majority
or such freedmen as could give testimony
belong TO- as we are informed. to an as
sociation known as the Freedmens Pro-
toctiYe Association. whose particular aim
Is to prevent testimony from being OBJ
tained by the Cherokee Nation and TO
furnish proof for the applicants Such Of
the freedmen as a-e not of this organiza-
ton are terroriZod by the threats made
Dy II or from sympathy refuse To testify
This condition has forced us 10 the ex-
pense OF going to Kansas. Arkansas Mi
ssouri, Texas, Oklahoma and the outlv-
ing portions Of the Indian Territory fO-
witnesses. This has and will continue 70
entail an enormous expense and our lack
OF authority TO compel the attendance OF
witnesses is another obstacle and we re-
gretfully state that some OF our own cit
lzcns have treated our subpG, mas with
contempt An appeal TO the United States
commission disclosed the fact that they
were as helples ir that matter as our
selves and subpOenas f-om their office
were as promptly disregarded as ours
Should this continue hundreds OF freed
men who have no right under the Drovi-
sions Of the treaty Of 1856 will be enrolled
''lh secretary OF the interior on No.
Nembe- p, 1899. preparatory to putting the
United States Commission TO work in this
mater promulgated a rule directing and
defining their action and duties These
duties confined the commission to the
bill.
In May following. the secretary with.
out notice, revoked the conclusions of
November p. 1899 and ignoring the de-
cree Of the United States cou-t OF claims
In the Cherokee freedmen cases. as
quoted In the Curtis bill. promulgated a
new rule to govern the United States
Commission, taking tile rOlf OF 1850 as a
finality against the Cherokee Nation and
opening the enrolling books OF the COM !
fnissioners TO all comers who would set
up claims 10 have been Cherokee slaves |
or theit descendants Believing this act
OF the secretary not only unjust to the (
Cherokee Nation but IN direct viola
tiou OF the Curtis bin chat dir, cted his
acts IN this matter, we. In April 1901.
him 10 revoke the order OF Nav 1870 I
and restore the instructions OF November
23 1899. and afgcr five months OF natrnf I
waiting and regard having been given
our petition. we appealed TO the federal
court for the northern district OF the In I
dian Territory, and on the 2sth dap of
August. wei He'd before judge GIN b me-
tition PRAYING fo- an Injunction restrain 4
Ing the United States Commission from
enrolling as Cheroke freedmen anv freed .
men except such as appeared upon the 7
authe entiCated roll Of 1850 ard their de-
scendants Judge gill has assumed iuris- /
dicton and final hearing before him
will shortly be had
Respectfully submitted. T. B Bell w.
w. Hastings ard J. $. Davenport. Attor-
ncys.