Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1889-02-21

ment, which "he' forwarded to the
senate with "his" recommenda-
iion, and classed "B, "is materially
effected by an act Of the national
council subsequent to the one in
question and prior to the date of
the certificate which has been so
instrumental in procuring him the
rights of citizenship. This act
was approved December z, 1871,
several months previous to the
date Of the certificate. when Mr..
Watts claims that he was admitted
by the chief justice to the rights
Of Cherokee citizenship.
A clause Of the act reads as fol-
lows: "That the act approved
November 1s, 1870. entitled, 'An
act relating to the North Carolina
Cherokees', be, and the same is so
amended as to require the chief
justice of the Cherokee nation, to
receive and hear the petitions of
all persons claiming the rights of
Cherokee citizenship, and to take
evidence with regard to the same,
and to transmit the petitions Of
such petitioners, with all the evil
dence relating thereto, with such
remarks touching the merits of
each petitioner, as he may deem
proper, to the national council,
during the first week of each regu-
lar session, for final action; nor
shall the powers of the chief jus
tice extend any further than to re-
ceive the petitions, and take the
evidence as a foresaid." B."
In the absence of this act and
having but the one submitted TO
him with certain interrogatories by
the honorable secretary, the attor-
ney generals opinion could not be
otherwise than as rendered. That
it would have been different, had
this act been submitted likewise,
there possibly can be no doubt.
The act as partly quoted above,
was approved, December 7, 1871.
The certificate, by tho virtue Of
which he and his entire genera
tion have been declared citizens of
the Cherokee nation, bears the
date Of April, 1879, several months
after the act was so amended that
the powers of the chief justice
should extend no further than to
receive petitions and take evidence.
In the adjustment Of the claim of
the Wattses to Cherokee citizen
ship this act has been entirely ig-
nored, because IL renders worth
less the certificate of the chief JUS
tice further than as a recommends
tion or a report to the national
council for final action, upon
which.thc council did act, but re-
fused TO confirm.
Had the Cherokee nation been
given an opportunity, when the
interrogatories were submitted to
the attorney general, to have
shown that it was requirement
of law that the petition and evil
dence, and such conclusions as the
chief justice may have arrived at
with reference to each case. should
be transmitted 10 the council for
final action, there certainly would
not have been such a wrong per-
petrated.
A grievous wrong has been COM
mittcd upon the Cherokee people
by giving an ultimate and irrevo-
cable effect to a law after it was so
amended that it contained no
such q provision as the attorney
general ascribes to it, by which
the certificate of Chief Justice
Vann can be accounted as final
and conclusive in the Watts case,
and not subject TO any action by
the council.
The question is, will it be re-
considered and rectihed? ? Tho cx-
animation of the law as it applies
to the action Of the chief justice in
the Watts case, has been entirely
er Darte. Is there no aDDeal from