Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1889-02-14

that the question whether the ac-
tion Of the chief justice undor the
law in question in the Watts case
did not confer absolutely the rights
of citizenship upon those claim
ants, was raised, and that the de-
partment submitted for the opinion
Of the attorney general the ques-
tions "whether there remains in
the council or legislature or other
authorities of the Cherokee ma
tion, the right Of supervision over
the act of the chief justice under
the Cherokee law of 1870, which
clothed that officer with certain
powers in relation to the admission
into Cherokee citizenship of North
Carolina Cherokees,' and whether
the department is under any OBJ
legation to respect a later and adj
verse decision of the Cherokee au-
thorities, and upon the demand Of
the principal chief to remove a
person admitted to citizenship un-
der that law, as an intruder under
the existing treaties between the
United States and the Cherokee
nation.
The Attorney General replying
under date of January %, 1889,
expressed the opinion that no au-
thority TO supervise the action Of
the chief efjustice in this matter, ex-
listed in the Cherokee authorities,
and that the department is under
no obligation to respect the de-
cision of the Cherokee authorities
in persuance of the order of a COM
mission, established by the Chero-
kee legislature, to inquire into
claims to citizenship, Of these per-
sons adjudged to be citizens, "as
designated in the first named in
quiry."
This fixes the status of claim
ants who were admitted to citizen
ship by the chief justice under the
said act of 1870, so far as this de-
partment is concerned, to be citi-
Gems of the Cherokee nation, and
as such citizens they will be per-
mitted to remain therein, and will
be protected in the possession and
enjoyment of their property.
You will furnish the principal
chief Of the Cherokee nation with
a copy Of the attorney generals
opinion, number of which are
herewith enclosed, and advise
him that this department will ex-
pect the Cherokee nation to re-
turn all property taken from
claimants Of this class. or where
such specific return is not possible
by reason OF the conversion of said
property, or intervening rights Of
innocent purchasers, make reason
able compensation therefor.
In all such cases where, prop
eriy having been taken, the Cher
okce nation refuse to return the
same or 20 make reparation by
compensation therefor, you will
submit a report of the facts to this
office, giving the names Of claim
ants and the amount of property
taken from each.
You will give due publicity,
without cost to the government to
the opinion of the attorney general
in this matter and to the position
taken by the department thereon,
and where, under your instruct
ions of August "a, 1883, in
the Kcsterson case, you have
notified claimants of the class re-
ferred to herein, that they will
be required to dispose Of their i'm
provements in the Cherokee ma
lion and remove therelrom, you
will recall such notices, and per-
nit the said claimants to proceed,
without hindrance, with the cul-
tivation OF their farms.
Very Respectfully,
JXo. II. OBEGLY,
Commissioner.