The Branding iron. [volume] (Atoka, I.T. [Okla.]) 1884-1884, 1884-03-01


gt.age of the treaty is EVERY white
person who having married Choc-
taw or Chickasaw.' etc. whereby
we are taken back to the very incev-
ton Of this custom when there were
none but 'Choc,aws or Chickasaws"
Ly blood or nativity. The necessity
for such provision arose from the
fact that the Choctavs and Chicaa-
saws Ia be secured in the unre-
s,rictcd right Of scli government
aud full jurisdiction over persons
and property within their respec-
tive limits" must he able to dis,in-
guish between those white persons
who were protected 10y the treaty
and those who wore not: in other
words, a. a means of determining
the jurisdiction of whom .,ill vested
in the United States. To state the
same proposition negatively we
would say iha; those white persons"
who themselves have acquired their
citizenship by intermarriagc with
Choc,aws ar Chicka,aws cannot con-
fer citizenship upon. outsiders by in
,crmarriage with them. and this is
the line OF reasoning Of the L. :.
court which exercise. criminal juri,-
dction in the Choc,aw Nation.
Said 3sth article also provides for
adoption Of white persons" by the
legislative authorities of said Ma
ticns. Adoption by Legislation con
fers no rights superior to intermar-
riage. 80 that white persons rights
of citizenship are the same whether
acquired 10y adoption or intermar-
riage. The fact that nothing was
provided in -aid 3sth article or any
other article OF said treat, abou, in
,crmarria.e OF Choctaw freedmen i.
sufficient evidence that nothing of
the kind was intended. 1t is no ar
gumcnt 10 say it was overlooked be.
cause at that time the L. :. govern
men, in all it, Departments was e.
pccially looking to the accomplish.
mcnt of everything that could be
done in behalf of the negroes. The
L. ). Commissioners. the Senate and
the President all evidently thought
the Choctaw freedmen were being
Justly dealt with. 1'ni, of itself
ought % operate ~ an estoppec on
the L. ;. from raising the question.
We think any juriSt would be bound
To ho.d tina. Choctaw freedman
canno; change his status with refer
cn,c TO the jurisdiction of the L. ).
bv simply in'crmarrying with q
/ ChOctaw or thickasaw, land Judge
/ Caldwell. formerly Of the western
! district of Arkansas, once SO heidi
even if the Choctaw Nation should
4 provide by legislation for each kind
at in,crmar 'iagc. Matters Of tina,
Kind must bc arranged by treat,
s,ipulaiions. 80 that if the Choctaw
freedmen become citizens of the
Choctaw Nation "A, all it must be by
adoption, and in the present instance
We mast coniine ourselves strictly a.
the terms OF the I'd and sth articles
of the treas, of 1866. And in the
aDscucc of any treaty provisions 10
i tnat effect. We sall To see how any
other ire, Oman. not = Choctaw
freedman, can become citizen Of the
Choc aw Nation at all. One clause
of loar letter reads, viz: "Incsc
freedmen i, adopted at all must be
adopted with Ill the rights, privilc-,
- and imnunitics of native Choc.
taws which they would have had if
! the rules and regulations had been
passed within the two year, limited
by tie treaty" The first part of the
clause hciag already disposed of We
tall TO discover the Force OF the rca-
Soning IN the latter part. The Choc-
laws took 10 positive obligations to
do anything IN two years: il canuo;
he proved by the treaty that thcN
did, and We further state that the
{ thoc,awS are claiming no advantage
- To time. car understanding Of
the present situation j. that in a
clau of the Indian appropriation
bail of lss2 congress met desire of
the Choc,aw Nation already express.
cd 10 be placed in the same attitude
with reference to this queSsion a.
they were IN 1859, except that the
{ hociaw Nation might ac: iHaepen-
dent of the thicsasawS. With that
understanding We are attempting TO
carry out the 3d and +th article, of
the treaty of 1866 IN So far ~ they
apply to the Choctav Nation. In so
I iug ~ we don't intend Ia discrimin-
ate against the frcclmcn 80 far as
any of their civic or political rights
are concerned. and haN not done so.
Section of said act guarantees
them all these, section 3 secure,
them in their homes. and section :
gives beyond what the treaty antici-
patel. The 3d article of said treaty
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