Whitmire v. Cherokee Nation
United States Court of Claims
The Reporters’ statement of the case: The essential facts of this case will be found in the decree which is set forth at the foot of the second opinion, post.
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The Reporters’ statement of the case: The essential facts of this case will be found in the decree which is set forth at the foot of the second opinion, post. This treaty, as plainly as can be made manifest by words, recognizes that the rights of these persons who are in this suit generally designated as freedmen, are, first, to inhabit the country; second, to occupy the land; third, to exercise all the political functions of citizenship; fourth, to representation in the national council according to their numbers; fifth, to be subject only to laws of uniform operation throughout the nation;…
1Opinion of the CourtNott, J.
In the case of the Delaware Indians v. The Cherokee Nation (28 C. Cls. R., 281; 155 U. S. R., 196) three things were determined. The first was that the lands of the nation are public property *149in the same sense that the lands of the United States are public property, and not communal property of native Cherokees. The second was that the Delawares were entitled as citizens by adoption to participate in the distribution of the proceeds of the public domain equally with native Cherokees. The third was that statutes enacted by the national council which discriminate against Delawares by…
2Cases cited2 opinions
- Cherokee Nation v. JourneycakeSupreme Court of the United States · 1894
- Journeycake v. Cherokee NationUnited States Court of Claims · 1893
3Cited by14 opinions
- Cherokee Freedmen & Cherokee Freedmen's Ass'n v. United StatesUnited States Court of Claims · 1963
- Cherokee Nation v. NashDistrict Court, District of Columbia · 2017
- Cherokee Freedmen v. United StatesUnited States Court of Claims · 1971
- Vann v. KempthorneDistrict Court, District of Columbia · 2006
- Wadsworth v. CrumpSupreme Court of Oklahoma · 1916
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