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5yTi[ CoNGKESs, ) SENATE. JDocu.mknt
M Session. \ I No. 259. '
EASTER N CI I E R ( ) K E ES .
Mr. Clapp j)i'os('nl('(l the follow iiij
MEMORIAL OF THE EASTERN CHEROKEES, SUBMITTING A CER-
TAIN PROPOSED AMENDMENT TO THE INDIAN APPROPRIA-
TION BILL.
J.4XUARY ;iO, 1907. — Ordered to l)o printed.
Janu.miy 21, 1907.
Sir: In compliance with instructions from the permanent council
of the Eastern Chcrokees in the Indian Territory, we hereby re.>^pect-
fully ask the enactment of the following; amendment to tfie Indian
appropriation bill now under consideration, to wit:
1. Thai the Secretary of the Interior is herel)y din-eted to pay out of the sum allowed
to the Eastern Lherokees under the judginenl of the Supreme Court, October term 1905,
to those individuals and councilors entitled to the same under resolutions of Aj ril 29,
1901, and May 11, 190(), of the permanent council of the Eastern Chcrokees and the
order of said council of August 17, 1900, the sum of §-1,405.
2. That the Secretary of the Interior is hereby directed to pay out of the sum awarded
to the Eastern Chcrokees under the jutlgment of the Supreme Court of the United
States, October term 1905, to those indi^'iduals composing the executive committee
of the Eastern Cherokees as follows, to-wit:
To David Muskrat ?6. 000
To Levi B. Gritts 6. 000
To Frank J. lioudinot (i. 000
To J. Henry Dick, interpreter G, 000
In all 24. 000
In support of the above request we attach hereto a complete trans-
cript of the minutes of the proceed higs of the permanent council of the
Eastern Cherokees. The sum of 84,405 is tlie atjgreptte amount due
the members of the Eastern Cherokee council according to the action
of said council thereon; the names of the councilors, mind)er of days'
service, and amoimts due to each being set out in detail on the last
two pages of the transcript of procecilings. The amounts are
extremely reasonable. As a matter of fact, the}- are far less than the
actual sums expended by these members for their personal expenses
in attending the councils of the Eastern Cherokees.
As to the amendment asked providing for pay for the members of
the executive committee of the Eastern Cherokees. it is believetl by us
that the amount asked is also extremely reasonable. The committee
were actively engaged during the major portion of alxnit six years in
the Indian Territory and Washington. D. C, in their oflicial capacity
as such executive committee. We believe that SI ,000 per year should
be paid, they having defrayed all of their expenses in the dozen or so
2 K A ST !•: K X C J 1 1-. KO K KKS.
trips thoy have iiiadc (lurinrsigned, representative of the Eastern Cherokees in
Indian Territory, in compliance with instructions of the permanent
council of said Cherokees hereafter referred to, respectfully lepresent
as follows: The Eastern Cherokees in Indian Territory claimed a large
sum of money was due from the United States, to wit, $1,111,284.70,
with interest thereon at 5 per cent per annum from June 12, 1838, until
paid, due under the treaties of 1835 and 1846. The Cherokee Nation,
a political organization, also claimed the said sum of money and
opposed the claim of the Eastern Cherokees. In order to prosecute
their claims in an orderly manner and to employ attorneys for that
purpose, the Eastern Cherokees met in general convention on the 14th
day of February, 1900, and adopted resolutions fully setting forth the
grounds of their said claim against the United States and providing
the manner for the collection of the same in their own behalf.
On the 3d day of the following April, 1900, another general conven-
tion of the Eastern Cherokees in Indian Territory met and established
the permanent council of the Eastern or Emigrant Cherokees and for-
mally ratified the contract theretofore, to wit, on February 24, 1900,
entered into by and between the executive committee of the Eastern
Cherokees and John Vaile, of Fort Smith, Ark., providing for the col-
lection of their said claim. The tedious, valuable work done by the
said ('xecutive connnittee and the attorneys employed by them during
the years 1900 and 1901 is a matter of public rtK'ord in the documents
of C'ongress. After the enactment of the law of March 3, 1901, making
all Indians in Indian Territory citizens of the United States, the East-
ern Cherokees, by their executive committee, again entered into a simi-
lar contract for the collection of their claim with the same attorne}^,
»John Vaile. On the 4th of September, 1901, pursuant to call pub-
lished in the ne\vsj)apers the permanent council of the Eastern Chero-
kees again met and accepted, i-ati(ied. and conlirmed the said contract
by unanimous vote of the council.
On the 2Sth day of April, 1904, pursuant to regular call the perma-
nent council of the Eastern Cherokees again met and, among other pro-
ceedings, j)assed a resolution providing for payment for the services of
the members of the permanent council of Eastern Cherokees in Indian
Terril ory . 1 1 will be noted that the amount provided per diem for the
members was So, and provision was also made for allowing time for
coming from and returning home. The successful termination of the
prosecution of this large claim by the Eastern Cherokees through
jillorneys employed, as fully shown in the exhibit hereto attached, is
f£8 26 1907
D.ofD.
%'''
F,A8'ri;i{N CII KII(H\KKS. 3
t)l' vcrv recent diile, llie decision in the Sn|)renie ('i>int of llu-l nited
States in fa vol' of the KasternChefokees Tor the .sum ol ahoul So, 000, 000
haviiijj; been hantUnl \\n hist spiin*;, 1 '.)()(».
After the said decision on the 10th (hiy of May. llXXi, pursuant to
reguhir call, the Eastern (Mierol<<'es met a;,'ain and |)rovi, at the annual se.s.sion of the |)er-
luanenl ooiineil of Kastern ("herokees tlie secretary of said coinniittee
was or(U>red to certify the time of services foi- olliceis and nieinhers
acconling to resohitions tlieretoforc passed, as follows:
Richard M. Wolfe $J, (HK)
Heirs of Daniel RodWird, deceased '-50
Heirs of Wolfe < oon, deceased 1-5
George ruiuukin, ("hoteau 15
(leorgi' ( ilass. I-^ )yil 15
Johnson Manning, Tahlequah 125
William Kul)ands, Tahlequah 15
W yly r.olin, Bunch 0
Robert M(>igs. Tahlequah 125
Gilbert Ross, Vera 50
William Glorv. Tahlequah 15
Tom Blair. Tahlequali 50
Blue Downing. Locustgrove 50
Jim Hildebrand. Zena 150
Eli Snell. South We.^t City, Mo 95
Peter Doul)lehead, Stilwell f'O
Youngdeer. Oaks 30
Chiiie Wilson . Locustgiove 30
Joe Fox. South West Citv, Mo 65
Bill Maukiller. Stilwell ." 30
George Duck. Stilwell 45
Candy Mink. Stilwell 30
Stealer Swimmer. Tahleqiuih 40
Price Cochran, llulbert 50
John Hicks, Gideon 120
John Shar}). Tahlequah 15
Dick Agent , Moody 45
Lewis Crapo, Campliell '5
Lewis Beamer, Moody '-^
Nick Comingdeer, Tahlequah 125
Wilson Coming, Peggs 30
Soldier Tolen . Braggs 40
Jackson Redbird. Stilwell °0
John Tehee. Tahler).
25. Nick Cunningdeer.
26. Oce Di'w (cx-councilor).
27. Tillman England.
28. Phillips Bennett (ex-councilor).
29. Pvoliert Meigs (ex-councih^r).
30. Alex. D. Waters.
31. Lincoln England imeinlier of coun-
cil I.
32. Blue Sixkillei.
33. Gill>ert Ro.^vs.
34. Straler Swimmer.
.35. George Vam.
36. William Rogers.
37. Alex. Hawkins.
38. John (". Duncan.
39. Blue Johns Nation
(liite(| Dereinher 1!), I8i)l, and ratified l)y Connjres.s March 3, 189.3. to render to the
I her<.k<-e NaiioTi a complete acco\int of moneys due under anv of the treaties ratified
in the year-j 1817, 1819, 1825, 1828, 183.3, 18.35, 18.3(5, 1846, 18(i(J. 1868, and any laws
pa.K,«ed l.v the Con^rre.^K of (he United States for the purpose of carrying said treaties
or any of them, into eff..et. u appears thai the United States Government is indebted
to thr- fuiK . known and descril.ed as the "five-million-dollar treaty fund " appro-
nnaU-d under the first article of the treaty of 18.35 l.etween the United States and the
(Ji.Tokee Nation KasI, in the sum of $1,111,284.70, with interest from ,hine 12 1838
until pairl; and
EASTERN CHEROKEES. 7
Whereas said sum ol' $1,1 1 1.L'SI.TO. wiili interest as aforesaid, whenever tlie same
shall have been apjirnpriated hy the ('onj^ress of the I'niled Stuns, and didy iiltt< ed
to the credit of the said "treaty fund," will he suhjeel to distrihution ar*aid .'^5, 000. (KM), "the halance, whatever tin- .-^ame may ix-, shall l>e
equally divided hetween all the |)eople helon^'in^' to tin- Cherokee Nation Kast." and
the niiitli article of the treaty of ISli;. wherein it is ."-liiiuhilf d that any lialancc found
to he due from said live-million "'treaty fund," alter suiitraclinu' all amounts and
expendituns properly cliar^'caliie thereto, "shall Ix- paid over, pi r capita, in e(|ual
amounts, to all thos;' individuals, heads of families, or their h>;;d representatives,
entitle! to re "eive tlie .-lame under tlie treaty tif IS.'Jo. hein^? all tliuHe Cherokees residing
East at the date of siid treaty and the s\ij)plement thereto; and
Whereas the Cherokee Nation, as a nation, has no interest or title whatever in or to
the $1,111,284.70. with interest, due as stated ahove, and has been. mor(;over. ren-
dered utterly powerless to either collect or disburse the .>ianie for or to the individual
Cherokees di scribed above, more commonly known and referred to as ""Eastern or
Emit^rant Cherokees." by the act of Congre.'^s apjiroved .lune 2S, ISiKS. entitlef the Che-rokee Naticjn to
theni as a 'pen-tion" oi the Cherokee people "peaceably to a.s.«emble and petition
* * * the Government e)f the United States for the redress of grievane-e-s and to elis-
cuss their rights," and in the exe-rcise of the furtln r right re-serve'el to the-in. in the
same artie'le anel treaty, to maintain an organization, as erne of the "" i>arties" into whie-h
the Cherokee Nation was then divided, in so far only as may be ne-cessary to carry out
the' said treaty.
Be it resolved, by those persons described in the ninth article of the treaty of 184tj
between the Unit(?d States and the pe-ople of the Cherokee Nation, their heirs, or le^eal
representatives, commonly callenl "Eastern or Emigrant Cherokees," that it is the
opinion and firm belief e>f the said '"Ea-stern or Emigrant Clu-rokec s" that the- tlove-rn-
ment e)f the United States e)f Amen-ica is justly anel legally inde-bted to tlie-^o (tOO.OOt)
fund, approjn-iated under the tre-aty of 18.35. known as th<' "treaty funel." in the sum
of .$1,1 11,284.70. with intere-st on the .-iame al the rate of •"> per ee-nt per annum from
the 12th elay of June. A. D. 1838. until elate of jjayment.
Resolved further. Thai it is the e)pinion and linn belief of the "" Easte-rn or Emigrant
Cherokees." se)le and exelusive beneliciaries of sai;eph T. I'.endiT. spet"ially
authorized agents of the Unite-el States, which ae-counting was made in e-omplianee
with the agreement for the sale of and as a part of the- e-emsieleration for the- Cherokee
Outlet, the Government of the United States has atknowledged the valielity of its .«aii>roi)riated umh-r the lr<;aly of
1835,with iiitere-st as aforesaid, and they do lu-re-by also emplialically di-ny an.l dispute
the lawful right or authority of the naiional council of the- Cherokee Nation to api)ro-
priate or promis- anv portion what.-^oe-ver of .^jaid amount, wheihe-r in e-onsieh-ration of
its eoUectim from the Governme-nt of the- Unit.-d Staters or for any other purixise,
excepting it be expressly for their bene-lil anel with their eonse-nt or ae'epne-se-e-nee
thereto.
8 EASTERN CHEEOKEES.
Raiol red further. That it is hereby solemnly declared to be the intention, determina-
tion and lixt'd purposo of the "Eastern or Emigrant Cherokees," sole and exclusive
iKMK'liciarics of any lialancc, or ri'siduum of the $5,000,000 "treaty fund," which bal-
ance, or residuum, is now known to be ?1. Ill, 281. 70, with interest as aforesaid, to
prosecute the collection of the said indebtedness from the Government of the United
States th(Miiselvos, as such sole beneficiaries, and the only parties in the Cherokee
Nation r(>ally interested, relying for tlieir authority so to do upon the rights reserved to
them, as a '■"portion oi the Cherokee people." and as one of the "parties" of the Chero-
kee Nation, in the second article of the treaty of 1846 between the United States and
the people of the Cherokee Nation hereinbefore referred to: Therefore
Bf it further nsolvfd. That the jtresident, first assistant president, and second assistant
presid(Mit of tliis convention of "Eastern or Emigrant Cherokees/' who are also the head
captains of the Keetoowah Society of the Cherokee Nation, be, and they are hereby,
authorized and directed to appoint a committee of thi'ee persons, all to be citizens of
the Cherokee Nation and members of that class of Cherokees known and herein de-
scribed as "Eastern or Emigrant Cherokees," which committee, when so appointed,
shall be known as the "executive committee of the Eastern. oi' Emigrant Cherokees,"
and they sliall have, and lliey are hereby given, full and complete authority, and their
duty shall 1)0, in the name of and for and in behalf of said "Eastern or Emigrant Chero-
kees," to do and jxrform every act and thing whatsoever tliat shall be necessary to
secure the pa^^nent at the earliest possible date, by the Government of the United
States, of the said siun of $1,111,284.70, with interest from June 12. 1838. until paid, to
the "Eastern or Emigrant Cherokees." hereinbefore described and now more particu-
larly designated as being those Cherokees who participated in the per capita distribu-
tion of ]iart of the said "treaty fund " made by superintendent of Indian Affairs John
Drennan. in 1852. and whose names appear upon the pay rolls then used, their heirs,
legal representatives, or lawful assigns. The said "executive committee" shall have
power, and it is hereby made their duly In request and demand of the United States.
through the proper channels, and in the name of the "Eastern or Emigrant Chero-
kees," the i)ayinent of its siiid indebfcdness, and the said committee are hereby espe-
cially empowered and directed lo contract with and employ attorneys of known
ability, or other persons of good reputation and recognized influence at Washington,
D. C, to a.«8ist in the collection of said indebtedness. Said committee, or the person
or persons whom they may employ to assist them in their labors, shall have, and they
are hereby given, full authority to represent and act for, and in the name of the ' ' Eastern
or Emigrant Cherokees." in the matter of the collection of the said indebtedness,
br-fore any Department or Departments or courts of Ihe United States Government,
or the committee of Congi'o.ss.
Resolved further. That there be, and is hereby, set apart of said indebtedness, a sum
equal to 15 per cent of the total amount thereof, when the saine shall be appropriated
by the Congress of the United Slates, or so much thereof as may be necessary^ subject
to a.'^signment and contract of said "executive committee," acting in the name, and
for and in behalf of the "Eastern or Emigrant Cherokees," all such contracts to be
anprovcMl hy the Secretary of the Interior according to law (if necessary), for services
of the- jxTsons said commillee may employ to assist them, as above authorized, and
to meet and defray all oilier expenses necessarily incurred and incident to, or growing
out of, the proseculion of .«aid collection: Provided, That any c(mtract concluded by
said "executive committee," in pursuance of the authority gi"v(>n them herein, assigii-
in^ or agreeing to assign, or transfer any portion of said J 5 j)(>r cc-iit set aside as afore-
said, for services in making th(> collection, shall be limited, and .«hall continue in
forcd in a safe-dej)osit vaidt
in the city of Washington, D. C. for safe-keeping.
In witness whereof I hereunto attach mv hand oHiciall\- on this
the 16th day of March, A. D. 1901 .
Frank .1. Boi dinot.
En/flish Secretary ofth Eastern or Emigrant Cherokies.
CALL OF EASTEHN. nR EMHiK.^NT CHEROKEE <()UNCIL.
The Eastern or Emigrant Clierukoe council i.-< hereby called to meet on Tue.<t)V(' iu)ticr was published in tlie Fort (Jibson Post and in
thi' TahlcHiuah Arrow, respectively, March 22, 1900, and March 29,
1900. Four cojjies ol" the papers containing the notice (the Tahlequah
Arrow of March 22 and 29 and the Fort Gibson Post of March 22
and 29) I have caused to be deposited with the original records, copies
i)f which are contained in this book.
Frank J. Boudinot,
Secretary of the Eastern, or Emigrant Cherol-ees.
Copv of contract entered into on the 24th day of February, 1900,
by and between David Muskrat, Daniel Gritts, and Frank J. Boudinot,
"executive committee of the Eastern or Emigrant Cherokees," party
of tlie first part, and Jolui Vaile, party of the second part, under the
authority of and in compliance with the resolutions of the Eastern
or Emigrant Cherokee convention and council, adopted on the 16th
dav of Februarv, A. D. 1900, hereinbefore recorded.
.' '
Contract ' otwccn David Mui^krat. of Flint di^tnct- Daniel Gritts. of Tahlequah dis-
trict, and Frank J. Bondinot, of Illinois district, the executive committee of the
Eastern or Emigrant Cherokees. and .Tohn Vaile. of Fort Smith. .\rk.. for the collec-
tion of certain moneys due the Eastern or Emigrant Clieiokees.
Know all men by the.'se presents that this contract, made in writing and in duplicate,
a copy whereof is hereby delivered to each of the contracting parties, witnesses that
we, David Muskrat, attorney, of Flint district; Daniel Gritts. attorney for Talequah
district, and Frank J. Boudinot. of Fort Gibson, Illinois di.stricf, attorney at law. all
being residents of the Cherokee Nation and constituting the "'executive committee
of the Eastern nr Emigrant <'herokees," under the authority of the convention and
council of the Fastern Cherokees, by resolution duly passed at Bug Tuckers Springs.
Cherokee Nation, on the 10th day of February, A. D. 1900, a copy of which is hereto
attached and made a part hereof, parties of the first part, and .John Vaile, counselor,
of Fort .*^mith. State of Arkansas, party of tlie second part, contract and agree as fol-
low.<5, to wit:
First. This contract is made at Fort Smilli. in tlie State of Arkansas, on the 24tli day
of February. IflOO, for the purpose of collecling the money due to the Eastern or Emi-
grant ClH'rokecs under the treaties betwecMi the Cherokee Nation and the United
Slates, and particularly under the iiftcenth article of the treaty of 1.S35 and the ninth
article of the treaty of 1846, .^aid nnmey being due by the United States and being
partir-ularly set forth in the .so-called " Slade-Bender" report, as rendered by them on
the 2Sth of .\ijril, 1894, and found on page .S2, Executive Document 132," House of
Representatives. Fifty-third Congress, third session, in the second item of their said
findings, tcj wit :
"l'n^\.\\ 1.284.70, with interest from
June I -J. 1838, til dale of payment."
Said money wiien collected is to l)e disposed of when collected in the manner set
forth in the ninth article of the treaty of 184() and paid out per capita to the Eastern or
Emigrant Cherokees or their leg-al representatives, except the fees hereby set apart
and conti-acled by the parties of the first part to the party of the second part for his
HerviceH and t!ie services of his as.«ociates or assigns, to wit, the sum of 15 per centum
of all sums ai)propriated to the use or benelit of the said Eastern or Emigrant Chero-
keen by the Coti-^ress of the Cnited Stales on account of such claim. Tlie said party
uf the .•i-ii.si- ni any kind .iml cliai-.u'li-r
whatever.
The above contnul shall lie limited in time ami shall innliiiue in furec until July 1,
1903, and no longer, excej)! in (a.-^e the ([urstion as to said indehtedms** sliall have lieen
referred to the courts or other trihimal for settlenu-nt, then and in that event Hiieh con-
tract and assignments or agreements thereunder shall lie aixi remain in full force und
effect.
It is further agreed that the i)arty of the si'cond part shall at inlerval.n of six iiionthri
make a detailed report of the status of the said claim to lie transmitle>i the lii-st jiart, anil
•lohn Vaile, of Fort Smith, Ark., party of the second part, as stated to me at the time,
who executed the above contract in my presence at the city of Fort Smith, on tlu' 2-lth
day of February. 1900. all of said parties being jjresenl and executing the sann in per-
.'ion, said contract having been interpreted to David Muskrat and Daniel (Iritis in iny
presence, as certified above by J. Henry Dick and .loseph R. Sev sums col-
lected fir the said Indians. [Copy hereto attached.]
In witness wherei-f I hereunto attach mv hand on this tin- 21ili day of February.
A. D. 1900.
John II . IlodhR.'^,
United Slates District .ln'ltji- Western District of Arkansas.
I hereby certify that the foregoing (J} pages of writing, paged 25 to M (both inclu-
sive), is a true and complete copy of the contract between the Kasts of the Cherokee Nation, bv their duly authorized executive committee,
David Muskrat. Daniel Gritts, and Frank J. Boudinot, and John Vaile. I further
certify that the original contract is in my jiossession, and that I am the rightful cus-
todian of the same as the secretary of said executive connnittet; and of the ICasti'rn
or F'migranl Cherokees, and the proper person to make this certificate.
In witness wliereof I liereunto attach mv hand olhcially on this the Kith ,
I'rntidnit of the EaMrrn I'hirnhf Coininl.
Siu: In cmpliancc with Uic rcqiiircincnts of a resolution of tlie council of the East-
ern or Huiit'niiil Cherokees. a(loj)te(l on the IGth day of February, 1900, we, the under-
Higncd, c'xecutivc committee ol the Eastern or Emiii tliciii liy n-Hiliitioii of
-anl cduiK il, Iki\ (• fiiiiTcd inid a coiiinut on luliiilf of ilic KasltTii i>r Ki'iiigniiit ('kt'n*-
kecs. willi .liliii \;iilc, nl I'mi Sniiili. ArU,. in wnnly, fi>riii. ;i?ii hMiiil dislrnl. l)aiii«l (liiii.s, i,i 'ralilriiualidif^lriri,
and l''rank,l. r.oiidiiiol. ni lilimpis di.sirici, tlic cxciMilivi" ciiiiuiiiltif uMIh- KaeliTii
or Kiiii,t;iaiU Clicnikccs, and .loim \ailc, of Fort Sniitli. Ark., for lli<- rollcciioii of «-5 and the ninth article of the
treaty of 184(). said money being due by the Uidted States and being particularly set
forth in the .so-called Sladc-Bentlcr report a.s rendered by them on the I'Stli of April,
1894, and found on page 32. Mou.^je Fxeculive Document No. I8"_'. Fifty-third Coiigre.'v,
third session, in the second item of their .said findings, to wit :
'■ Under the treaty of 1835, amount paid for removal of Ea,stern Cherokees to the Indian
Territory, improperly chargetl to treaty fund. §1.11 1,284.70. with interest from June 12.
1838, to date of payment.'"
Said money when collected is to be disposed of when colh'cted in the manner .set
forth in the ninth article of the treaty of 1846 and paid out iier caj)ita to the Eastern or
Emigrant Cherokees or their legal represenlaliv" s, excej)! the fee hereliy set apart and
contracted by the parties of the first part to the party of the second part for his services
and the services of his associates or assigns, to wit: The sum of 15 per centum of all
sums appropriated to the use or benefit of the said Kastern or Emigrant Cherokees by
the Congress of the United vStates on account of such claim.
The .'Jaid party of the second part hereby agrees to immediately proceed to the cf)l-
lection of the said money and to })ay all of the expenses which may be incurred by him
or by his a.«sociates in the })rosecution of the saitl collection without anv expen.^e to the
party of the first part, and the parties of the first part do, for valuable consideration
hereby ackiwjwledged to have been received, hereby set apart, contract, and assign to
the said party of the .second part and his a.^sociates or assigns the sum of 15 i)er centum
of any recoveries to the Eastern or Emigrant Cherokees, as above referred to, and the
said party of the second ])art is hereby authorized to execute a receipt for the said 16
per centum when the same shall have been approi)riated, or execute any other projuT
releases rcfpiiiH'd liy the ofiicers of the United Stales in the name and on behalf of the
said Ea.stern or Emigrant Cherokees; the party of the second part further I'Xpreseh'
agrees that the payment of the said fee of 15 per centum shall cover and include all
expense of any kind and character whatever.
The above contract shall lie limited in time and .shall cimtinue in force until July 1,
1903, and no longer, excejit in case the question as to .^iaid indebtedne.-s shall havi-
been referred to the courts or other tribunal for settlement, then ami in that event
such contract and assignments, or agreements thereunder, shall be and remain in fidl
force and effect.
It is further agreed that the party of the secimd jiart shall at intervals of six months
make a detailed report of the status of the .said claims to lie transmitted to the president
of the council of Eastern or Emigrant Cherokees for the information of the p»'op|e.
In witne.'S whereof wo do heretoattach our hands and seals on this, the 24th day of
February, 1900, at Fort Smith, Ark.
Parties of the fir.st part, the executive committee of the Eastern or Emigrant Ciier-
okees:
D.win MrsKR.\T.
D.\NiEL Gritt.s.
Fr.\nk J. BoroiNOT.
I'artv of the second part :
John V.\ii.e.
IQ EASTEBN CHEROKEES.
interpreters' certificate.
We, J. Heiiry Dick, of Tahlequali, and Joseph R. Sequitchie. of Chelsea, both of
Indian Territory, herehv certify that we have carefully interpreted the aboye contract
to David Munknit and Daniel Gritts, and that they fully understand and indorse it as
drawn in accordance with their direction, and that they sign it of their own free will
and accord anfl for the purposes therein set forth.
\Vitn<'ss our hands this 24th day of February, 1900.
J. Henry Dick.
Joseph R. Sequitchie.
United St.vtes District for the Western District of Arkansas,
Fort Smith:
This day personally appeared before me the parties to the above contract, to wit,
David Muskrat. of FJint district; Daniel Gritts, of Tahlequah district, and Frank J.
BoiKlinot , of Fort Gilison, all of the Cherokee Nation, parties of the hrst i)art, and John
Vaile, oi Fort Smith, Ark., party of the second part, as stated to me at the time, who
executed the above contract in my presence at the city of Fort Smith, on the 24th
day of February, 1900. all of said parties being present and executing the same in
person, s;iid contract having been interpreted to David Muskrat and Daniel Gritts in
my presence, as certified above, by J. Henry Dick and Joseph R. Sequitchie. The
parties of the first part claime,' Tucker's Springs, near Tahlequah, Cherokee Nation, on the IGth day
of February, 1900. authorizing them to contract not exceeding 15 per centum of any
sum or sunis collected for the said Indians, (Copy hereto attached.)
In witness whereof I hereunto attach my hand on this 24th day of February, A. D
1900.
John H. Rogers,
U. S. District Judge for the Western District of Arkansas.
After making the foregoing contract we ])roceeded to the city of Washington, D. C,
for the purpose of pressing the payment by the United States Government of its indebt-
edness t^> the Eastern or Emigrant Cherokees. We prepared a memorial to Congress
praying for the payment per capita to the Eastern or Emigrant Cherokees of the ti oney
pledgefl to them in the ninth article of the treaty of 1846 and found due them in April,
1894, in what is commonly known as the ''Slade-Bender award." Senator Cockrell,
of Mis.=!ouri, one of the ablest men in the United States Senate, presented our memorial
with ai)propriate remarks and moved that it be printed as a public document and re-
ferred to tile Committee on Indian Affairs, which was agreed to by the Senate of the
Unileioii. was ptisscd hy
a'uiiaiiiinous vote ol' tlic coimcil.
Ml'. Kfaidv .1. Bond i not , of Illinois c I i^tI•i<•t . t licrciipoti oircfcil tin- fol-
lowing- fcsoliition, to wit :
Br il rrsolvcd by this rniinril of Ike Kuslnn Chtiohns: That thei-onncil of the Kastern
(,'herokees insist upon the inunediate paymeiU to them of the amount due them under
the Slade-Hender award, and earnesth'-protest ai,'aiust l)einjj: compelle.
1900.
D.XNIKL ReDBIHH.
President oj the Ea.flern Chrrokre CouncH.
Jo. R. Seqiu'hie,
Secretary to keep records in Cherokee (pro tan).
Fk.XNK J. BoiDlNOT.
Secretanj tn keep records in EurjUsh.
WlI.I.I.\M ElB.WKS.
Interpreter.
.]. 1Iem:v Dn k.
/;i//;7;r<7»T.
Proceedings of the council of the Eastern or Emigrant Cherokees of the
Cherokee Nation, as.sembled at the general convention grotmds, at
Bug Tucker's Springs, near Tahlequah. Cherokee Nation, Septem-
ber 4, 1901, for carrying out treaty of lS4ii bv said .Nation and the
Government of the Ignited States, and for other purposes.
Pursuant to the following call, duly i->uei| by Duiiiel Kedbird. pi-e-^i-
dent of the Eastern or Emigrant Cherokee council, and Danitd (Iritts.
secretary, dated Augu.st 15, 1901, and duly published in the Tahle-
quah XvTow newspaper and otiierwi.se given general circulation
S. Doc. 259, 59-2 2
Ig EASTEKN CHEKOKEES.
tliruiiLrhout the Chcrokoe Nation, whirh call was in the words and fig-
luvs foll(»winir. to wit :
CALL OF EASTERN OR EMIGRANT CHEROKEE COUNCIL.
Tho Eastorn«>rEiiiigrant Chorokoe council is hereby called to meet Wednesday,
Septi-mberl. 1901. al tlie general convenlinn grt)unds at Bug Tucker's Springs, Tahle-
quah di.-^triit. Cherukei- .Nation, to receive reports of committees, to discuss the rights
of the Ea.-;tt'rn(ir Emigrant Cherokees, and to take such action relative thereto as may
be found expedient.
Daniel Redbird,
President of the Eastern Emigrant Cherokee Council.
Daniel Gritts,
Secretary.
And tho said call of this council being hi pursuance of the authority
of the resolutions ])asscd by the general conventions and councils of
the Eastern or Eniigrant Cherokees of February 14, 15, and 16, 1900,
and of Aj^ril 3 and 4, 1900, the following proceedings took place:
Hon. Daniel Kedbird, president of the council, called the meeting
to order at 3 o'clock p. ra., September 4, 1901. Hon. Charley Get-
tingdown, member from Flint district, acted as chaplain and exhorted
the members to remember that in all they did they were under the
eye of Alnughty God, whose approbation and protection they could
expect or.ly in doing right. After singing by the council and prayer
by^Ir. Getting down the roll of members of the permanent council was
called as follows, to wit:
Cooweescoowee district. — James M. Keys, George Pumpkin, J. R,
Sequichie, George Glass, and John Grass.
Canadian district. — James W. Duncan, William Eubanks, and Wal-
lace Ross.
Going Snake district. — Ben Mocker, Lincoln England, and Oce Dew.
Sequoyah district. — Tom Blair, John Silk, John Duncan, and Blue
Downing.
Saline distnct. — Charley Ketcher, George Potatoe, and John Sharp.
Illinois district. — R. M. AValker, E. A. Walker, Johnson Manning,
and Frank J. Boudinot, English secret ar}^.
Flint district. — Wyly Bolin, Charley Gettingdown, and Charkey
]i('ndal)0Ut.
Tahlcfiuah district. — Phillip Bennett, Robert Meigs, Alex. Deerin-
thcwater, CJilbert Ross, and Will Glory.
Uilainin district. — Joe Coming, Peter Nick, James Hildebrand, and
Lincoln Towie.
Ojjiccrs. Daniel lledhiid. president; David Muskrat, hist assist-
ant ; Wolf Coon, second assistant: Daniel Gritts, secretary: Chas. D.
NVatcrs, interpreter; J. Henry Dick, assistant interpreter.
lion. Daniel Gritts, secretary, thereupon reported the following
vacancies. t(j wit, Will Glory, deceased; George Glass, deceased; Lin-
coln Towie, resigned; Joe Comin Crittciidcn, to lill xacjiiicy (•aiiscy tl.e roi'jiialinn (.f Lin-
coln Towie, from Delawaic district.
The vacancies having- Ixhmi Idled and the |)erMianent council i»ein^
org'ani/.ed and ready for the transaction of business, thi' president of
the council, lion. Daniel Kedhird, suhmitted the re|)ort of the execu-
tive connnittee transmit tin^ tjie report of .h>iin N'aile and the con-
tract made hy and i)(>t\V(>en the executive committee and .l(»hn N'aile,
April 20, 1901, for tlie consideration and action of the coinicil.
Tlie hour being late, tlie council thereupon adjourned till !i o'clock
a. m., September 5, 1901.
General Convention Grounds, Bio Tucker's Sprixcjs,
September o, 1901 — 9 o'clock a. m.
The |)ermanent council of the Eastern or Emigrant Cherokees met
pursiumt to adjournment. The rej^orts of .John \'aile and the execu-
tive committee and the contract of A])i'il 20, 19t)l, after the regular
morning singing and ])rayer, were duly reatl and interpreted and con-
sidered and discussed at great length. l']ion motion, tln^ council took
a recess for one hour for dinner.
The council reconvened at 2 o'clock p. m. and resumed considera-
tion of the reports and contract aforesaid. Tiie rereading and rein-
terpretation. and discussions, both in the Cl^.erokee and English
languages, consumed tlie afternoon, and at 7 o'clock the council took
a recess of one hour for suj)i)er.
The council reconvened at 8 o'clock j). m. and resumed considera-
tion of the business in hand.
U])on motion duly made by Hon. Jolm Silk, member from Se(iuoyah
district, and seconded by Hon. Johnson ^hllming. member from
llhnois district, the council voted to accept the report of the executive
committee and to ratify the said contract, the vote upon said motion
l>eing unanimous.
Wliereujion Hon. Jolmson Manning. mendxM- from Illinois di-trict,
oifered the following resolution, to wit:
Be it resolved by the penuanent ruiindl of tlw Easier}}, or Emigrant, Cherokees, That the
revised and corrected coiUract made and entered into wilh John Vaile. esq., hy the
executive committee of the Ea.stern. or Emi'^rant, ("herokei s. at Knrl .'>f which is herein .-^I't fi.rih. to wit: •'( ontract,
between David Muskrat. of Flint ilistrict. Daniel (iritts. uf Tahh'<|uah (li.-^trict. and
Frank J. Houdinot. of Illinois di.strict. the executive conuniltee of individuals known
as Eastern, or !>nii,u:rant, ("herokees. and .John Vaile. of Fort Smith. .\rk., for the collec-
tion of certain moiievs (hie the East(>rn. or Emij^rant. Cherokees."
Know all men by iiiese pre.sents. that this, a contract made in writin<^ ami in dupli-
cate, a copy whereof is hereby delivered to each of the contiactin^: parties, witne.-jies
tliat w(>, David Muskrat. attornev. of p'lint district, Daniel Critts. attorney, of Tahle-
quah district, and Frank J. Houdinot. of Fort flibson, Illim is district, attorney at law,
all beinji residents of th(> Cherokee Nation and const it lit in;: the executive eoniiniltee
of the Eastern or EmiLrrant Cherokees under the authority of the conventions or coun-
cils of the Eastern Cherokees bv resolutions duly pa.s.<'ed at Mm: Tuckers Springs.
Cherokee Nation, on the Kitli day of February. A. D. li«H). and on the 4th day of
April. A. D. 1900. copies of which are hereto attached and made a part heriH.f. acting
for ourselves and other Eastern Cherokees and their heirs or legal representatives,
20 EASTERN CHKROKEES.
parties of the fii>t part, and John Vailc. counselor, of Fort Smith, State of Arkansas,
party of the seeonct i)art. eontrac t and aprree as follows, to wit:
First. This eontract is made at Fort Smith, in the State of Arkansas, on the 20th day
of April, litOl. U'Y the jmrpo.^e if c-olleetins; tlie money due the Fastern or Immigrant
Cherokees under the tnaties l)et\veen the Cherokee Nation and the United States,
and partieularly under the fifteenth article of the treaty of 1835 and the ninth article
of the tr< aly of IS-)(i. said money l)ein.arty of the second part herel)y agrees to immediately proceed to the collec-
tion of the said money and to pay all of the expenses which may be incurred by him or
by his associates in the prosecution of the said collection without any expense to the
parties of the fii-st part; and the parties of the first part do. for valuable consideration.
especially the ex]jenses and ser\ic(s rendered in this behalf during the first and second
se5s*,i(iii..< of the Fifty-sixth Congress, the receipt whereof is herel^y acknowledged,
hereby contract to pay to the said party cf the second part and his as.sociates or assigns
a sum equal in amount to 15 per cent on any recoveries to the Eastern or Emigrant
Cherokees. as we are authorized to do under the resolutions of the councils of the said
Eastern or Emigrant Cherokeesas above referred to; and the said party of the second
part is herel)y authorized to execute a receipt for the said 15 per cent: when the
same .shall have been api)ropriated and the warrants issued, or execute any other
proper releases required i)\ the ollicers of the United States, in the name and on be-
lialf of the said Eastern or JMuigrant Clierokees. The ])arty of the second part further
expre.s«ly agrees that the |)ayment of tlie said fee of 15 per cent 'shall cover and
include all expense of any kind and character whatever. It is expressly understood
and agreed that .said Eastern or Emigrant Cherokees do not herein propose to recognize
any <-ontracts made or authorized by the Cherokee Nation for the collection of such
claim, but that this is the only contract for its collection authorized or recognized ])y
the Eastern or Emigrant Cherokee council.
The aliove {-ontract snail be limited in time and shall continue in force until July 1,
IfHM. and no longer, exc(>pt the (juestion as to said indebtedness shall have been then
referred to the courts or other tribunal: then, and in that event, s\ich contract, and
a.s«ignments or agreements thereunder, shall be and remain in full force and effect.
This contract is in lieu of all ])revious contracts and is the oidy contract recognized
by the Eastern or Emigrant Cherokee council.
In witness whereof we do hereto attach our hands and seals on this the 20th day
of Ajiril, 190J. at Fort Smith. Ark.
The executive conunittee of the Eastern or Kiiiiarani Cherokees, parlies of the first
part:
l>AVn> MlSKRAT. [seal.]
l).\.\iKi, CrRrrxs. [seal.]
Fr.WK J. BOIDIXOT. f.SKAL.]
.Tonx Vaile. |.si;.\l.]
iNTi:iti'i!Kri;i!"s cektii-icati;.
I. .1. Ihiiry l)iovc coninicl in my llrl•^*^•ll«•t•
at the lily of Fori Smitli, Slate of Arkansas, on tin- L'Olli day of April. IIMII.'all of wiid
parties heiiiij present and exeenlini,' the same in j)ersoii, said i-ontnu-t liaviii); heeii
inlerpreti'd to David Muskrat ami Daniel (Irilts m my presence a.i cerlilieil uhove
by J. Henry Dick. The parties of the lirsi |)art claimed to he anthorizeij as the
executive committei' of the Kastern or i;nui,Manl Cherokees under tin- aiitliority of
a rosohitiou of the council and conveiuion of tiie Kastern or Kmi^'rant rherokei-.H
held at th(> fieneral convention j:rounds at Uuj^ Tuckei-s Spring's, near Tali!ei|uuh,
Cherokee Nation, on thi^ Kith day of Fi'l)ruary, 1!»00, and also a like re.s4iliition of
same aiithority al same place on Ajjril 1. I!H)()' aulhoriziiiK tliem to coiiira<'t a sum
equal to an amount not exceeding 1') i)er cent of any sum or sums coHeclecl for
said Indians. ( Copy attached. )
111 uiliiess whereni' 1 hereunto attach mv hand on this the L'Olh dav 'if .\piil. .\. D.
lildl.
John II. Ko"cl()ck a. in.. S('|)ten,l)ef (i, I'.tiil.
Ge.\i:i{al (luorxn.s foi; Conn k.ntions,
Bug Tuckeus Simungs,
Septemher 6, 19i)l — 9 o'clock a. m.
The permanent council of Eastern or Kmitrrant ("lierokee.s met
pursuant to adjournment. The roll was calletl and a (luorum was
present. After the usual morninii; relij^ious exercises. sin<;in<; and
prayer, the resolution introduced last niu:ht to accept, ratify, and
confirm the contract between the executive conunittee tuid -lohn
Vaile, dated Aj)ril 20. li)()l. together with the report of the execu-
tive committee, was read and interi)reted a second time. Alter
some discussion Hon. KolxM't Meiirs, member from Tahleijuah dis-
trict, made a motion, wiiich was duly seconded and a^xreed to. to
take a vote on the said resolution. \\'hereuj)on. the roll bein»; called,
the said above resolution was j)assed by a unani;r.oiis vote of the
council. The council having com])leted the business i)efore it. and
having been notified that its jiroceedings and resolutions had bc'cn
duly approved by the president, upon motion adjourned sine die,
subject to the call of the j^resident.
The above and foregoing 5 typewritten i)ages of minute^ arc hereby
approved as true and correct.
Original signed in Cherokee.
DaMKI. IvKDMIIjn.
I'nsiihut.
FiJANK J. liolDINOT.
iSicnt(try to Ayv/j litcortls in I'JKjlish.
Daniel CiuiTTs.
Secrefanj to keep Rtcnnlx in Cfurokee.
J. I1km:v 1>i( k.
Inft rpntfr.
22 EASTERN CHEEOKEES.
OMISSION'.
The minutes sliould show that Hon. Charles D. Waters, mter-
preter. was on September 4, 1901, reported dead, and Hon. J. Henry
l)iek. heretofore assistant interpreter for the permanent council of
the Eastern or Emigrant Cherokees, was at once declared by a unani-
mous vote of the council to be interpreter ex ofRcio.
Frank J. Boudinot, Secretary.
F()i;t Giijsox, Ind. T., Septemher 29, 1901.
Proceedings of the permanent council of the Eastern or Emigrant
Cherokees of the Cherokee Nation in the Indian Territory, assem-
bletl at tlie general convention grounds, near Tahleqiiah, Cherokee
Nation, on the 2Sth day of April, 1904.
Pursuant to the following call, duly issued by Hon. David Redbird,
president of tlie permanent council of the Eastern or Emigrant Chero-
kees in the Indian Territory, duly signed and attested by Daniel
Gritts, secretary, which call was as follows, to wit:
CALL OF THE EASTERN OR EMICRAXT CHEROKEE COUNCIL.
The permanent council of the Eastern or Emigrant Cherokees in the Indian Terri-
tory i.« hereby called to meet Thursdaj", September 28, 1904, at the general conA^ention
grounds, at Bug Tucker's Springs. Talili//ih district. Thomas Blair, John Silk, John Duncan, Blue
Downing.
Flint district. Wyly Bolin. Charley Gettingdown, Charley Bend-
about.
lafdKiiKili district. Phillip Bennett, Robert Meigs, Alex. Deerin-
thewater. Gilbert Ro.ss, Jes.se Crittenden.
EASTERN CHEItOKEES. 2',i
Delaware district. — Eli SikII, Tctrr Nick, Jiiino I lildclirMiid. I'rtci-
Doublehead.
Saline district. — Cluu-lcv Kctclicr, ( icoi-^c I'oiuioc, .lolm Shar|).
Officevfi. — Daniel K('tll)ii-<1. prcsiilciit ; liavid Muskrat, lirst assist-
ant president ; Wolf Coon, second assistant incsideiil ; l)ani<'l ( Iritts,
secretrti-y; Kiclmrd M. WollV. interpreter; A. Ilenrv Dick, a.ssistant
interpreter; Frank J. Boudinot. English seeretary.
A quorum was present. Thereuj)on Hon. David Muskrat at tlie
request of the president of the couneil stated that the oKjects of the
called session of the council were:
First. To provide for the compensation of the oliicers and nuMuhers
of the permanent council of the Fastern or Kmii,M-ant ("herokees in
the Indian Territory.
Second. To consider the ad\isal>ihty of hringing certain «»ther
suits against the United States in the name of the Eastern Cherokees
as a "Band."
Wliereupon, upt)n motion duly made ami carried unanimou.sly,
lion. Kichard M. Wolfe, of Tahlequah, Ind. T.. was elected hy accla-
mation as interpreter \'ice Charles D. Waters, deceased, and the
council proceeded to the consideration of the business suhmitted
to it.
IJj)on motion, by ^Ir. rlohn Grass, of Coowee.scoowee. which motion
was carried Ijy a unanimous vote, a conmiittee consisting of live
members of the permanent council was api)ointe(l to take into con-
sideration the matters submitted and to rep(»rt their reeonuneiula-
tions thereon.
A recess was taken pentling the report of saitl comniittee of live,
and, after tlu'ee hours, that is to say, at 3 o'clock p. m., the said
committee reported the following resolution and recommended its
passage, to wit:
Resolution providing for payment for services and expenses to the i)resident. vice-
president, interpreter, and executive committee of the Eastern Cherokees in the
Indian Territory, and for other purposes, including per diem of meml>ers.
Whereas the attorneys representing the Ea.«tem, or Emigrant. Cherokees in the
Indian Territory, employed under authority of resolutions of Feliruary l(i. IJHK),
April 4. 1900. and September (J. 1901 for the purpo.se of collecting certain nioneys duo
said Cherokees under the treaty of 18:'i5. the treaty of 184(i. and the agreement of 1891,
as found and reported in the report of Mes.srs. James .\. Slade and Jos. T. Render,
dated April 28, 1894. ha^e expre.ssed their williiiune.-s that two-Uftcenths of the 15 per
cent contracted and agreed to he paid to them for their ,r diem
for actual time served, and for going to and coming from the council, for each meeting
of the council attended. Members from Coowee.scoowee district. Canadian. Delaware.
and Sequoyah districts shall be allowed three days each for going and throe days each
for returning, six days in all.
Members from Illinois. Coingsnake. and Flint di.«lricts, and Saline district, shall be
allowed two days each for going and two days each for returning, four days in all.
Members from Tahlequah district shall be allowed one dny each forgoing and one (>ach
for returning, two days in all.
24 EASTERN CHEROKEES.
All accounts for services rendered and expenses incurred by said members shall be
pn.si-nU'd to the president and vice-presidents of the permanent council of the Eastern,
or Kniiijrant, Clit-rokct's lor aj)])ioval.
Be it ftutlnr rcsolad. That alli-r all amounts shall have been allowed according to the
above provisions the balance or residuum of the said 2 per cent shall be paid to the
executive couuuittee and to I lie president, vice-presidents, interpreters, and other
olHcers, if any. of the Eastern, or Emigrant, Cherokee organization. When accounts as
})rovided shall be approved, it shall be the duty of the president to issue a certificate
or each account or claim, stating the whole amount allowed. In case any member or
oflicer shall l)e dead, the amount due liim shall be paid to his heirs or legal represen-
tatives.
Bi it further resolved. That it shall be the duty of the executive committee and the
attorneys of the permanent council of the Eastern or Emigrant Cherokees and are
hereby authorized and empowered to do and perform all acts necessary and proper
to secure the payment of all the accounts allowed as shown by seal certificates issued,
which sums shall be paid out of the said two-fifteenths of the 15 per centum provided
by resolutions above referred to: Provided, however, That nothing herein contained
shall be construed to authorize the use, for any purpose whatsoever, of any sum in
excess of the 15 per centiuu agreed to be paid to the attorneys for their services and
expenses, and for all other expenses.
Said resolutions having been read and interjjieted three several
times, and having been thorotighly de})ated, was passed by unani-
mous vote of the council: whereupon, the said resohition having been
a])proved by the oflicers of the organization, and there being no further
business before the comicil. upon in.otion the permanent council of
the Eastern or Emigrant Cherokees, at 9 o'clock p. m., adjourned
sine die, subject to call of the president.
The above and foregoing four typewritten pages of minutes of the
permanent cotmcil of the Eastern or Emigrant Cherokees, convened
Aj)ril 2S, 1904, and adjourned April 20, 1904, are hereby approved as
true and correct.
Signed in Cherokee.
Signed in Eiigli>li.
Signed in Cherokee.
Signed in Englisii.
Daniel Rp:dbird,
President.
Frank J. Boudinot,
Secretary to l^eep records in English.
Daniel Gritts,
Secret! nj to keep records in Cherokee.
]^icilm;i) M. AVolfe,
Interpreter.
J'loceedings of the j)ennanent council of the Eastern or Emigrant
Cherokees of the Cherokee Nation, in the Indian Territory, assem-
bled at the general convention grounds, lu^ir Tahlociuah, Cherokee
Nation, on the 10th day of May, 1900.
^ Pursuant to call duly issued by the pi-esident of the Eastern or
Emigrant Cherokee council in the "following form, to wit:
Voii arc li.)
which ijill \\a> iiiiiilcil \)\ I'liilcd Stiitt'> inail li> ciich incniltci- i»f tin-
peiiiiiinciit coimcil. The ixMiuaiiciit coiiiicil tif the I'wi^tcni m- l^nii-
granl Chcrokcos in tlu' liKliaii Tciiitorv iiict on the lOlh day of Ma\.
190(1, at tho gcMU'ial fonvcntioii j^roiiiHls at Iiii<: 'I'lickcis Sjniii^s. nrui
Tahk'(|uah. At 10 o'clock a. ni. Hon. Ivicliard M. Wolfe arrived and
presented iiiniseir as the president of the council in the |)laceot' Hon
Daniel Ixedhird, (U^ceascd, having hcen elected to the oliice o| heatl
captain of the Keetoowah Society and i-x ollicio president (»f the
Eastern or Emigrant Cherokee eouncik Hon. David Muskrat not
having arrived, the council was not called in session until his arrival,
at 4 o'clock p. m. At 4 o'clock p. m. council convened, the |)i-esiding
officer and secretary heing present. The roll was called, and the
following-named members answered to their names:
Cooweescoowcc (listrict. — James M. Keys, (Jeorge Pumpkin, and
John Grass.
Canadian district. — James W. Duncan, \Villiam l'hd)ank-.
Flint district. — Charley Gettingdow u. Charley liendahoul.
Delaware district. — Eli Snell. James llildehrand, and f'eler Doul>k'-
head.
IlJinois district. — Johnson ^^anning, Frank .1. Boudinot.
Goingsnake district. — f^incoln England.
Tahlequali district. — Kobert Meigs.
Canadian district.— -Jtwucs W . f^uncan, William l'>iil)ank-. and
Wallace J{oss.
A quorum of all members of the pernuiuent council being uresent
and answering to their names, the secretary rej^orted the I'ollouing
vacancy to have been reported: K. M. Walker, dead, Flint district,
and said vacancy was duly filled according to custom. Several
resignations of members having been tendered and accepted, and the
\acancies thus caused having been duly filled according to custom.
tlie roll was again called and the following persons answered present:
Saline f//.s'/r/'r/. -Young Deer, Ciieerie Wilson, Wilson Comini:.
Flint district. ^V>]\\ Mankiller, George Ducer. Candy Mink, ;!nd
Charley (lettingtlown.
Tahh(inah district. — Robert Meigs. John Mu>krat. Price Cn( inan.
John 1 licks.
Illinois district. — Frank J. Boudinot. Dick Agent. Lewis Crano.
Delaware district. — Joe Fox, Jim Ilildebrand. Eli Snell. and Peter
Doublehead.
Cooweescoowee district. — James M. Iveys. John Grass. Stealer Swim-
mer, and George Pumj)kin.
Canadian district. — John Shafp. James W. Duncan, William
Eubanks.
Sequoxjah district. — Lewis Beamer.Xick Connngdeer. Cliarlr\ Pend-
about.
Goingsmil-e district. — IJncoln J'^ngland. .lack-on Kedl)U(l, .'ohn
Tehee, Paul Glass, and Wallace Ross.
The officers present were: Richard M. WiJfe. president: Hon.
David Muskrat. first a.ssistant president: Frank J. lioudinot. Kng-
lish secretarv, and J. Henry Dick, interpreter.
Hon. Dan'iel Gritts. Cherokee .-secretary, being repiu-ted dea«l. the
council elected Jolm Muskrat to fill the vacancv caused by his death.
Hon. Richard M.Wolfe sealed to the council tliat the object (J the
call was to submit the report of the executive committee ann(>y due then) from the United States have at last resulted in
a sweermitr victory, a-s evir, aiiy appoint-
ment l)y the president of this council or one of more pi'rsons for that pur|>ose.
Resolved farther, That for the services and expen.ses of the saiil executive committee
and president hereunder they shall lie paid sui'h reasonabh' sums as may be agn'iil
upon and allowed by the ofticers of the I'nited States GoAeriunent, which payment
for such services and expenses shall l)e in addilitm to all other anio\ints which may be
allowed and paid under other resolutions.
The foregoing resolution was ivad and inicrpicicd tliifc v,.\ nul
tinies and passed by a unanimous vote.
The Grass offered the following resohition:
Resolution So. ii.
Be it rese>Ived hy the permanent eoaneil of thi Eastern or Emiyraiit Chirohis: That all
accounts of members and officers of this council for ner diem and traveling expenses
shall be certified by the secretary to the president and vice-nresident of the permanent
council of the Eastern or Emigrant t'herokees for approval, and when s;»id account*
shall be approved it is hereby made the duty of the president and .secretary to iwtie a
certificate to each member stating the whole amount allowed. In case any member
or officer shall be dead, the amount due him shall be paid his heirs or lepd rejin wnt-
atives.
The foregoing resolution was read and interpreted tlirre sovcnil
times and passed by a unanimous vot<'.
There being no further business before the council, lia\ ing received
notice that the three resolutions passed had be(>n didy a|)|)roved by
the president of the council, the menbers joined in singing |)raises
to God and were afterwards led in prayer l)y Kli Snell. After which,
upon n^otion duly made, the permanent council of the Eastern or
Emigrant Cherokees adjourned sine die, subject to call of the presitlent
The above and foregoing hve and about one-third pages of type-
w^ritten minutes of the proceedings of the permaneni council of the
28 EASTERN CHEROKEES.
Eastern or Eini.uraiU Cliorokocs, coiivoncd on the 10th day of May,
19(Ki. and adjouiiu'd on the llth (hiy of May, 1906, are hereby
approved as true and correct.
Richard M. Wolfe,
President of the Permanent Council of the
Eastern or Emigrant CheroTcees.
John Muskrat,
Secretary to l:eep records in Cherolcee.
Frank J. Boudinot,
Secretary to Iceep records in English.
J. Henry Dick,
Interpreter.
Proceeduigs of the |)ernianent council of the Eastern or Emigrant
Cherokees, of the Cherokee Nation, in the Indian Territory, assem-
l)led at the general convention grounds, near Tahlequah, Cherokee
Nation, on the 18th day of August, 1906.
vVNNUAL SESSION.
The pei'inanent council of the Eastern Cherokees in Indian Territory
met in amiual session on this August 18, 1906, at 2 o'clock p. m., and
the following mend)ers were present:
Saline district. — Young Deer, Cherrie Wilson, Wilson Coming.
Elntt district. — Bill Mankiller, (leorge Duck, Candy Mink, Charley
Gettingdown.
iJeldirare district. — Joe Fox, Jim Kildel)rand, Eli Snell, Peter
Doublehead.
Cooweescoowee district. — James M. Keys, Jolm Grass, Stealer
Swimmer. George Pumpkin.
7'e\vis rjcanier, Nick Comingdeer, Charley
BeiKlabout .
Kicluird M. Wolfe, |)resident ; Dave Muskrat, first vice-president;
Flank J. Boudinot, Fnglish secretary.
A (juoruni being present, u|)on niolion an adjournment was taken
till the Kith of .Vugust to allow the Keetoowah Society the use of their
grounds and shed for theii- amuial convention.
.Vuirust 16, 1906, S o'clock p. ]]).. the ))ermanent council of the East-
ern Cherokees met pursuant to adjournment. The roll was called and
a (luoruin was preseni I Ion. Kichard M. Wolfe, president, addressed
the council and suinniiicd the (inai iv|)ort of John Vaile, attorney.
Frank J. liou.jinot, on behalf of the executive conunittee, submitted
it.s i-epori and i-ecoiinncmled llie adoption of resolution covering cer-
tain grounds, which rcconiiiicinlat ion was referred to a speciarcom-
EASTERN ("IIKIioKKKS. 'J!>
iiiittcc of (i\{', coiuposcd (>r Mc>si>. .Iiiliii (iin->s. .luliii lli<'kN, Julin ('.
Duncan, AVilson Coming:, awl K\\ Siirll. 'riicnii|)nn \]n- coiini-il
adjourned till Auiins! 17, 1 !)()(», at S a. in.
Ar(;i SI 17. I'.IOC* S o'rjnck a. in.
The i)ornuuu'nt (diiiicil of ihc Mn^-iciii ( 'licroivcc"^ met |>nr>uanf to
adjournment, 'riic roll was cailcd hikI ,i i|iioruiii was present. 'I'lie
special eoniniittee, to whom was r(>i'eii-ed the iccommendal ion.s nf th«'
executive conunittee, report i)y proposed resolution> and asked tln»
ado|)t ion of same. The |)roposed resolut ions w ere rrad and Inlriprctcrl
and ordered spread out in tliese minutes.
The proposed resolutions are as follows:
K.'.^oiuii.iii \,.. I.
Pni\ idiiic for the prn.-^cciilinii dl' the iiijunci ion .s.
He it irsohrd by the pcninttKiil roimcil of tin luisluit ('Imnhiis in Ihr Jinliiin 'I'rrritory,
Tluit the report of the executive conunittee .>^ul)iiiittiii.>: the tinal reimrl of Jolui Vaile.
atlorney, he, and the same is hereby, adujjted, and the executive coininiUei- are ten-
tiered the thanks of the permanent council.
Resolved further. That the president of Ihi' Kastern Cherokee council l>e, and he is
liereby, authorized and directed to give all proper a.s,sistance in the name of the Kiu\irt of the District of Columltia l)y Frank ,] . P.ou; to
I he Eastern Cherokees to Edgar .Smith, of Vinita, Ind. T.. and otlier lawyers of St.
I.ouis. Mo., on account of an alleged contract made l)y Thoma.'^ M. hulfington. i>riiici-
pal chief of Cherokee Nation, on the lOth day of .lamiarv, lOO.i. the amount claimed
by said attorneys being about .S150.000. And to this end lie is directeil and authorizcil
to contract with the attornev? now prosecuting .said suit, Messrs. I'oe and Pulnam, of
\\ ashington, D. C. to pay tliem for their services and expenses a rea.sonabh- sum out
of the money- saved to the Eastern Cherokees. .said foe to ix- wholly contini;eiii upon
def' ating tlie payment of said sum of money to said altornevs. and in tlie event ."^aid
money shall be paid to .said attorneys, Edgar .Smith and otliers, noiwith.simling (lie
< llorts of Poe and Putnam, then and in that event nothing whatev«'r shall be paiul«Hl
among the persons whose names aj)i»ear upon .sai such authority and powcjr as the .slid j»resident nia\
them, not in any event to ex'-eecf his own power and authority herein r< r
in addition to the aulhoritv and instructions hereinbefore given the s;n.i .
his assistants or agents are pariicularlv inslruci<'il. in theevont (he.Haid niunt-y liuiuK-^l
30
EASTERN CHEROKEES.
by &u' l)e necessary !)efore the courts, committees of Congress, or the
Executive Deixirlments of the United States Government to have any and all such
sums of money wrongfully diverted or withdrawn from the Eastern Cherokee fund
reimbursed aiid paid to the Eastern Clierokees according to the judgment of the
Court of Claims.
Passeil the permanent council of the Eastern Cherokees on this 17th day of August,
190G, antl was approved l)y the officers of the Eastern Cherokee Council, as follows:
Jim Hildebrand,
Chairvian.
Levi B. Gkitts, Clerk.
Approved August 17, 1906.
Richard M. Wolf,
President of Permanent Council Eastern Cherokees.
Frank J. Boudinot,
English Secretary.
The vote upon the final passage of said above resolutions after the
same had been read, interpreted, and thoroughly discussed, was
unanimous.
The council then ordered the English secretary to certify the time
of services of ir.embers and officers according to resolutions of April
29, 1904, and May 11, 1906, as follows:
Days.
1
Amount.
Days.
Amount.
Richard M. Wolfe
200
50
25
3
3
25
3
12
20
20
25
12
9
6
8
10
24
3
9
3
25
25
6
8
16
9
81,000
250
125
15
15
125
15
60
100
100
125
60
45
30
40
50
120
15
45
15
125
125
30
40
80
45
Paul Glass, Tahlequah
liobort Meigs, Tahlequah
Gilbert Ross, Vera
15
25
10
3
10
10
30
19
12
13
6
18
20
15
20
20
15
18
6
25
S75
Heirs of Daniel Red bird, do-
ceased
125
50
Heirs of Wolfe Coon, deceased.
George I'umpkin, Choteau
William Glory, Tahlequah
Tom Blair, Tahlequah.
15
50
Blue Downing, Locustgrove . . .
Jim llild('l)rand, Zena
50
150
Johnson Manning, Talilequah .
William Eubanks, Tahlequah..
W'vlv Boiin, Hunch
Eli Snell, Southwest City, Mo.
I'eter Doublehead, StilweU
Youngdeer, Oaks. . . . . .
95
60
Charlev Wilson, Locustgrove
Joe Fox, Southwest City, Mo..
Bill MankilUr, Stilwell
30
65
30
George Duck, .Stilwell
I>ige Hildebrand, Zena
90
100
Candv Mink, Stihvell
Ste der S .vimner, Tahlequah. .
Pric-e Cochran, llull>ert
John Hicks, r,ide')n
Wm. J . McKce, Tahlequah
John C. Duncan, Ochelata
75
100
100
John Shirp, Tahlequah
Dick Agent, Moodv
James W. Duncan, Tahlequah.
Jesse Redbird, Stihvell
John .Silk, Maple
75
90
30
L«wis Crnpo, Canipliell
Jas. M. Keys, I'ryor Creek ....
Total
-Vick Coining leer. Tahlequah..
4,280
125
Soldier Tol n, Israggs
Jackson Ucdldrd. Stilwell
4,405
John Tehee, Talilequah
Wl)er(Mij)()n, all business being completed, upon motion duly made
and cairicd the i)ermanent council of the Eastern Cherokees in Indian
Tcnitoiy adjourned sine die subject to call of the president.
The foiegoing minutes of pi'oceedings are approved.
Richard M. Wolfe, President.
l^Avii) AlrsKRAT, First Vice-President.
'Ji.M \luAn:n\{ Am), Second Vice-President.
.1. IIeniiy Dick, Interpreter.
Attest :
Frank .1. Piocdinot,
English Secretary.
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