Cherokee, Guion Miller Roll - Applicants Not Eligible - 1909
In 1907, 18 of the descendants of
Tyre SARRETT and his Cherokee Wife Sus-An-Ah MILLER" filed to be put on the
Cherokee Rolls to participate in monies to be recieved from the U.S. Federal Goverment,
based on the judgment of the Court of Claims of May 28, 1906, in favor of the
Eastern Cherokees.
The U.S. Court of Claims decisions on May 18th, 1905, resulted in members of the
"Eastern Cherokee" living either East or West of the Mississippi, not including
"Old Settlers", to be entitled to participate in a monetare award by the Court
for various treaty violations.
In order to participate, one had to be alive on
May 28th, 1906 and establish themselves as a member of the "Eastern Cherokee",
or a descendant of a member living at the time of the violated treaties of
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(Treaty of New Echota, Dec. 29, 1835)
and
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(Proclamation, May 23,1836)
48,847 separate applications were filed, representing some 90,000 individuals.
Out of this number, 3,436 Cherokee East of the Mississippi River and 27,284 Cherokee
West of the Mississippi River were certified by Mr. MILLER as being elgilble to
participate in the award.
"It is further ordered that the said roll of individual Eastern Cherokees entitled
to share in the fund arising from the judgment in this cause, as reported by
Special Commissioner Quion MILLER, on the 28th day of May, 1909, be and the same is
hereby approved, ratified and confirmed, except as to so much of the same as shall
be specially excepted to on or before the 30th day of August, 1909.
All such exceptions shall be forwarded to the Clerk of the Court of Claims,
Washington, D. C. and shall be in writing, and shall state fully the grounds
upon which such exceptions are based, and shall be supported by an affidavit of
a person having knowledge of the facts and shall contain the name, age, and
Post Office address of each individual claimed to have been omitted from said roll,
or to have been improperly placed thereon.
Said exceptions and affidavits shall be filed in duplicate in each case, but only
the originals must be sworn to. In case an exception is filed on behalf of an
individual whose name has been omitted from said roll the said exception shall set forth
fully the English and Indian name of the ancestor through whom claim is made, who was
living in 1835 or 1851, and shall give the age of said ancestor in 1835 or 1851.
Such exceptions must further state the number of the claimant's application. All
such exceptions shall be set down for hearing on the third Monday in October, 1909."
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