The Branding iron. [volume] (Atoka, I.T. [Okla.]) 1884-1884, 1884-03-15

ing, while the act Of 1870 coBicrs
the right OF citizenship on any citI-
zen OF the United States or foreign
government who in:crmarrics with n
Clloc,lw citizen.
4 further objection urged is that
said statute debars from citizenship
persons who have heretofore inter
married with Choctaw freedmen or
frcedwOmcn."
On these two points you report
that the statute discriminatcs against
the freedmen and makes u "distinc-
tiA affecting" them. Also that the
Bc "aII freedmen who have mar
rMH or who may hereafter marry
freedmen who have become citizens
Of the Choctaw nation are subject to
the permit laws" etc, IL ambiguous
in that it may mean the freedmen re-
fcrrcd to IN the treaty or freedmen
generally not within the Choctaw
nation, and in either case il discrim.
mates against the ChOctaw freedmen
and their descendants.
BY reference 10 the Choctaw stat
ute of Nov. ., 1870, certified,
though apparently imperfect, copy
Of wnich is with the accompanying
papers it il found tO "rcquirc tina,
any white man or citizen of The
United States or Of any foreign gov
crnmcnt desiring To marry Choc-
taw woman citizen Of the Choctaw
nation, shall obtain q license from
the designated judicial officers. MAKE
proof that he has not surviving
wife from whom he has not been un-
lawfully divorced, produce certificate
OF good moral character signed liz
al lea.. ten respectable Choc;a~ cii-
izcn- by blood, shall ;ake a pre~cTit.
ed oath - defend and submit IL the
Choctaw constitution, etc: and --stl-.
should ANY man or woman c..-1ea
of the United state. or o: any for
eign COUNTY, become : citizen u ,he
,nociag nation By ii;.--gn-.rT .s-e
aDd Toe left wiio- % -i.lD-er la.
continue 10 eniOr the ii.n;- OF ciii-
Iensiily ulii--,- Le u. -le hal narry
/. 'hlte IKlu or -al;.. ~g-l4n Or t-er-
son a. Tie case may O~ having no
E.ghts @. tuoc.a~ cIlI=SI.saIy by
Llovi, ln tha. case al t.s ~ ne-
rights acquired ual.er the ~ VISIONS
=. U..s 49, rG..A cease. ..t,G :aa. ~es-
efy person si.5 ah4li ia~fll.y marry
unde. tl.e provision. u "a. *; ami
airr~@-is abandon h- riie shall
'orie.t o,csy rig.a of citizenship, and
sA4ii tc considered intr.dcrs.
the ce.c.ate. OF the nation IN their
appeal iay Gown ''as . fundamental
p'incJple, upon w..ch the ChocIag
! government rests, that nothing bat
ine blood 81 one side or the other
can confer citizenship by intcrniar-
r.agc." 1hat the geacrai Law "a Ia
tcrlharriasc with white persons is
found N tne SSH article OF tie trea-
y 0. 1866 which reads a. follows:
"kvcfy white person who ha,.n,
married Choctaw or Chickasaw,
".esides in the said Choctaw OF
Chickssaw nation, or. who has been
" adopted by tho legislative aa,hori-
ties, IL 10 bc deemed member OF
SAID aat.cl, and shall be .ubjcc. 10
lhc laws OF the ,noctaw and Chick
a.aw nations according to his domi.
cic, and to Prosecution and trial be-
fore their trib'htlls aG5i 10 punish
mcnt according to their laws in all
respects as Though he was native
ohoc,aw or Cnickasaw."
They claim tha. intermarria.c &C
win 10 one bG; u Cnoctaw or Chick
as.~ oy Blood or nativity can confer
rights of citizenship undcr said ar,i-
Gle OF the treaty; and that " hi,o
person securing Choctaw citizenship
by such in;erngrrlago cannot confer
citizenship upon outsiders; that rs
no provision was made in the 3Stn
or any other article of the treaty
about intcrmarriagc Of Choc,aw
freedmen IS sufficient evidence tha;
nothing Of the kind was intended.
aud that IN the absence of any ,rca-
! ~ provisions thercior no freedmen
other tuan Choctaw freedman can
BECOME . citizen of the Ihoc,aw ma
,.ou.
am not satisfied .,hl. this is the
corrco, Interpretation of the treaty.
That treaty left it op:ona! with ,he
Cnoc,aw md ChicSasaw cations
whether or not they v-,uld make
such Laws gg.e, and rcguIations n.
may ~ Aeccs>a Y 20 give their la,c
freedmen and their descendants "ali
tie rirh,s, privileges, and immuni.
ties, includiHg In, right OF Suffrage
II citizen, @, SAID nat;on>n, tAat op,
tion was attended with such condi
tons that sai freedmen la auv even,
would, in a measure be cproVijed FOR
!hc absence %. any provision IN thc
i ,F..nf,s ,rt- sna .t,If... :