Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1888-09-06

partment that whom the Cherokee
nation by its constituted authori-
ties decided the Keslerson's claim
to right Of citizenship in that ma
ton against him, it thereby de-
termined his status to be that of a
non of said nation or as an
intruder therein, "and as such
on-citizen or intruder, the Chero-
kee nation has no jurisdiction
over his person or property, and
consequently the action and pro-
0eedings of its authorities in sell
ing said property and dispossess-
ing him of it, are not warranted by
any stipulation of their treaties Sc
curing TO them the right of self
government"
While prosecuting his claim
Kesterson enjoyed his residence
therein by sufferancc or implied
permission of the Cherokee ma.
ton, but when his claim was de-
cided against him, such decision
operated as a Withdrawal of this
consent or permission, and he
thereby became an intruder in
said nation to be dealt with under
the provisions of article twenty of
the treaty Of 1866 ga Stat. S06)
"He, however, must be dealt with
as an intruder in the light of the
facts in his case"
"Having gone there in apparent
"good faith upon the invitation of
1.-THE nation, made valuable inn
"provements while suffered or per-
emitted to remain there, the de-
"partment will not cause or suf-
"fer his removal to be made in
"such summary and sudden man.
"ner and work great harm and loss
"to his property and unnecessary
Inconvenience and hardship per-
"sonally to himself and family.
"He is entitled to the protection
"of the government Of the United
Estates in proper way as a citi-
"zen, as he is not admitted to be
Cherokee nor under their juris-
"diction, and this protection is
peculiarly in such a case. He is
entitled to a reasonable time and
opportunity in view of all the
circumstances of his long resi-
"dence and labor there, to dis
"pose of his property, or remove
at. as may be most suitable to its
character, and to gather his crops
"Dow growing.
"In this case, Kesterson, being
"no longer under Cherokee license
"must be removed as an intruder.
"But his property must be restor-
"ed to him and reasonable oppor-
"tunity given him to dispose of
cor remove it" (Secretary's
letter..
You are hereby directed to COM
municate the views of this depart
ment TO the proper officers Of the
Cherokee nation and obtain from
them the immediate restoration of
Kesterson's property and put him
in possession Of the same, and at
the same time advise him that he
is now in the Cherokee country
without proper authority, and that
his removal therelrom has been
requested by the Cherokee author
titles. You will also notify him
that he must dispose of his i'm
provements, remove himself, his
family and movable property
from the Cherokee nation within
a reasonable time, unless he shall
show, TO your full satisfaction, that
he has obtained the consent, in
writing, of the proper Cherokee
authorities TO continue his resi-
dence IN their country, at or be-
fore the expiration of the time
fixed for his removal.
Your attention is called to that
part Of the honorable secretary's
letter by which this Office is di-
rected to instruct you "that as this
fright Of Kesterson's to the dis
position Of HE property is neces-
"sarily short-liyed, limited and
"tenuous, he should be the more
perfectly considered and protect
"ed, and every circumstance
"turned rather tn make it eflica-
"cious and valuable than to weak
zen or impare it. Kesterson
fought to have approximately the
''full, fair value of his property,
"and the cessation OF his status in
"the territory ought not to be
"made the means OF dcpriving
chin Of his property or of its val
cue, except in so far as is un-
"avoidable with fair considera-
"tion. The time necessary to this
"may vary with circumstances. If
attempt be made TO take unfair
advantage, the time should be
"extended. II appears TO the de-
"partment that it should not be
Limited to less than six months
Sin any case"
You will report fully your ac-
/ ton in assisting Mr.. Kesterson TO
regain his property and the result
thereof, to this Office, as also Kes-
terson's action in disposing Of and
removing his property, etc.
These instructions apply with
equal force in the cases Of David
Baker, ct. al, w J Watts. ct al -,
Mrs. Polly Coins and any others
that are now pending, or may
arise, involving the same question.
Time should be allowed claimant
from the date Of your notification
to dispose Of his property and re-
move, and not the date Of the de-
cision OF Cherokee courts You
are not bound to be governed by
the law Of the Cherokee nation in
dealing with these cases. (XVI,