Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1890-09-25
HELD 10 BIS vOrD.
So he Q. 8. Indian Agent Decides
the Sheriff s Action.

the Sheriff s Action
MUsKOGEE, l. T. Sept. y, 30.
JESS w. ELLIOTT, ESQ, Atty
for Gov. Belew, Yinita, I. T.
Dear Sir: am in receipt of your
communication of even date.
wherein you state that Ed. Adair,
Sheriff of Cooweescoowee District,
Cherokee Nation, did on the Slh
day Of Sept, 1890, sell the i'm
provements Of Gov. Belew 10 one
w. r. Stuart, a citizen CT the
Cherokee Nation for the sum of
s76. and that Gov. Belew is an ap-
plicant for Cherokee citizenship,
and came to the Cherokee Nation
in the year 1880, and Immediately
commenced to make improve
ments; that he also put in a claim
for citizenship, and some time his
case was reached and rejected by
the court, without giving him any
fair or reasonable showing; that
the said Sheriff urged as an ad-
ditional reason for the selling Of
said improvements that MrBelew
had rented said improvements TO
one W. P. Ward, a citizen of the
United States. In conclusion you
ask such protection in the posses
sion Of said premises as tits proper
for this Office to extend.
In reply to the foregoing I will
say that under date Of Augu ST
29th, 1889, the Honorable Com
missioner of Indian affairs directed
this agency that the matter Of dis
puted claimants to citizenship in
the Cherokee Nation is now under
consideration by the department,
and until the same is decided no
action viii be taken by the agency
looking TO the removal of any one
claiming citizenship in the Chero-
kee Nation. who entered that Ma
tion prior 20 AugGst I1th, 1856, in
good faith, believing they had
rights there by blood" And again
the Honorable Secretary of the
Interior IN a prior letter holds
that, "This department does not
recognize the right.of the CherO-
kee authorities to exercise iuris-
diction over the person or pro-
perty of rejected claimants who
entered the Nation prior 10 August
11th, 1886, IN good faith believing
they had rights there, +" aud shat
any sale made by those auihOri-
ties of improvements owned by
such claimants, are illegal and
void and viii not be recognized. :"
As it therefore appears that
Gov. Belew entered the Cherokee
Nation and fled his claim for cit
izenship in said Nation prior TO
August 1ith, 1856, in good faith,
believing be had rights there, Z"
and made and now holds improve
mcnts in said Nation valued at
$3.50, the sale Of said Improvements
by the Sheriff Of Cooweescoowee
district is, under the ruling ofthe
Honorable Secretary Of the Inter
Tor. illegal and void and viii not
be recognized as conveying 10 the
purchaser any right or title 10
said property, and should any al
tempt be made to place the pur-
chaser il possession Of said pro-
perty, | will, acting under former
Instructions in such cases, pre-
vent by force, If necessary, Mr..
Belew from being dispossessed- 1t
matters not what Mr.. Wards in
terest in said property may be, he
is citizen of the Unitel States,
and the seizure and sale Of his
property by Cherokee authorities,
without due process of law in
some competent court, Is unNar-
ranted IN law and void
Very respectfully,
LEO. i. Bennett,
L. 6. Indian Agent.