Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1884-05-01

Choctaw Delegation dated Jan. %.
1884, in which they discuss the
question of disputed citizenship.
claim that the ChOctaws have suf-
ficienty provided for the determi-
nation of disputed claims, and ask
that the ChOctaw Nation be except
ed from any legislation by Con-
gress on the subject. and that the
present practice of this office be
modified so as TO conform TO the
ChOctaw law.
The action of this Office in ques-
tions Of disputed citizenship is
based upon Office letter to Agent
Tufts, dated July 20th, 1880, in
which he was instructed as follows:
''ln all cases presented to YOU
by the Cherokee authorities for re-
moval, wherein the parties named
claim citizenship, either by blood.
through father or mother. or bv
virtue of adoption according TO the
laws and customs of the ChcrO-
KEGS, after making proper investi.
CATION, If you are satisfied that they
have, Prind faeie, a just claim tc
citizenship, you viii permit such
persons to remain In the Territory
TO await final action in their cases,
which viii hereafter be determined
under such rules as may be adopted
by the Department"
With regard to this ruling the
Delegation remark: ~If there had
been condition coupled with that
rule requiring all such persons Ia
appear before the proper tribunal
at its next subsequent session
thereto, and proceed in accordance
with the iaw, it would have had
the effect TO stop all the complaints:
certainly SO since the passage" of
the act Of October 21st, 1852.
They also claim that "the unin-
tentional effect" of the rule 'is the
encouragement of fraud, and a null
LITIGATION of Choctaw law. We think
il is due us that the United States
assist us in making our laws oper-
ative, rather than do that which
makes them Imperative
These instructions were intended
TO be temporary in their effect.
leaving the parties who established
a Primd facie right TO remain un-
disturbed until their cases could be
determined under such rules as
may be adopted by tic Depart
ment."
No rules for finally determining
these cases have been adopted, and
the parties have taken no steps TO
finally establish their claims to cit
izenship.
The method of determining the
question Of disputed citizenship
finally and conclusivelv, as pro-
vided for by the Choctaw law. seems
TO be proper and Just to all parties.
with the modification suggested in
Office Report of Feb. 18th, 1888.
l. e, that the decision of the agent
should be subject TO revision by the
Department.
The act of TIE Choctaw Council
of Oct. 18th, 1876, provides that
Any person who Is not now rec
Ognized as citizen Of the Nation.
or Of ChOctaw descent. shall pcti-
ton to the General Council during
the regular session thereof. for the
rights and privileges Of citizenship
Of the Choctaw Nation Such pc
titioner shall prove his or her
blood or other means bv which
they claim citizenship By not less
than two good and respectable
Choctaws, disinterested persons.
before a proper committee, or the
chairman thereof. " Claws of Choc-
taw Nation Of 1876 and 1S77. p.2S).
The act of October p, 1882. pro-
vides tina" afteran applicant for cit
izenship has been refused the right
he claimed, and feels aggrieved bv
such refusal, such applicant may
have a renearing Of his case before
the United States Indian Agent.
provided the agent notify the Prin-
cipal Chief Of the time and place of
all such rehearings, so that the
Choctaws may be represented by
an attorney and the Choctaws agree
to abide by the decision of the
agent"
As to the requirement of the for
mcr law, that the witnesses shall
be good and respectable ChOctaws,
the delegates remark that the ChOc-
taws ought certainly to know, and
do know, more about their own
people than outsiders. rive arc
only able by our own methods to
protect ourselves against fraud and
We have no means of
any one else tel, .he truth
Dr of Furnishing them for false
swearing"
But if the act of 1876 is open to /
objection because the evidence is
TO that given by native I
the act Of 1882, by al 4
owing appeals to the agent, re-
moves this objection, as the agent 4
an admit such evidence as he l
leems proper
have the honor to recommend I
hat Agent Tufts be instructed to 1
notify all disputed claimants to
citizenship in the Choctaw Nation
% appear at the next ses on Of the
proper tribunal and sub-hit their
claims for adjudication, as provided
~ the ChOctaw laws that failing
:, do so they viii be deemed IN
ruders and removed from the Ter
-itory and that any party feeling
.ggrieved by the decision of the
chOctaw tribunal, viii be allowed
thirty days in which TO appeal 70
he Agent, at the expiration of that
ime to be deemed an intruder, if
10 appeal be taken
That the Agent be directed to
lcar all cases Of appeal from the
lecision Of the Choctaw authori-
les, giving proper notice 10 the