The Van Buren press., 1896-11-28
CONGRESS- MAY TAKE ACTION.
A List Of Those Entitled to Citizenship
Rights Has Been Made.

are living on the lands owned by tn,
Cherokees who are claimants to citizen
ship, but are held by the authorities L
be intruders.
Under the agreement of December
10, 1891, between the government ane
the Cherokee Nation, 1t was declared
| that all such persons not recognized as
| citizens by the Cherokee anthoritie,
! should be .'deemed and held to be
/. intruders and should, together with
their personal effects, be removed with
out delay from the limits of the Nation
as trespassers.
i This agreement did not. however
impose new obligation on the govern
ment. The treaty of 1885 and of 1856
undertook such removals, and the only
new provisions We're those defining
intruders.
The supreme court of the United
States decided that the Cherokees of
North Carolina and other states east of
the Mississippi who refused to move
west with the main body had severed
connection Herewith and that the
Cherokee Nation could decide as TO
admitting them. In the case of John
kestersen, in 1888, the interior depart
ment accordingly followed the same
rule of making these Cherokee
authorities the judge of citizenship
In 1879, however, it had been held by
the attorney general that this govern
ment is not bound to regard simply the
| Cherokee law and its construction by
the council of the nation, but any
department required to remove alleged
| intruders must determine for itself
under the general law of the land the
existence and extent of the exigeney
upon which such requisition is
| founded.
The interior department. has also often
asked for joint commission to
determine citizenship rights, but such
proposals the Cherokees have declined.
Since large property interests are
involved the Cherokees do not want
any more people as citizens than those
that have the strict right to be so
regarded. Still, as long ago as 1877 the
agent of the Cherokees was directed to
issue certificates To persons who could
satisfy him that they had prima facie
blood rights to stay, and to remove all
others. These certificates were not to
be final. but subject TO further
examination, and of themselves con-
veyed no title. Under these instrue-
tons certificates We're issued, but the
issuing of them ceased 10 years ago.
The effect had been that persons hold
ing certificates had in some cases made
improvements ON land as if lawfully
established as citizens.
In 1883 the interior department
accepted as final the decision of the
Cherokee authorities on citizenship.
Still, in view of its own certificates and
other circumstances. IT WAS held that
the persons decided by the Cherokees to
be 'intruders should have six months
for disposing of their improvements
before removal. But when the time
WAS up in March. 1889, it was alleged
that there were no offers to purchase
because ii was expected that the
intruders would have to go anyway.
Whether this was true or whether too
high price was purposely put on the
improvements, at all events the depart.
ment made the time for selling un.
limited and the intruders then settled
down, and in the last eight years not
single one has sold his improvements or
removed.
In the agreement of 1891 il was pro-
vided that before any intruder should
be removed the value of his improve
ments on houses or lands should be
appraised by three appraisers, appointed
by the president of the United States,
one of them on the Recommendation of
the principal chief of the Cherokees,
the gross amount not to exceed $3.50. 600,
and the value Of the occupation of the
land being also considered. The APP
prsiSers completed their work and made
report March IS. 1895. They had sub
mitted to them by the Cherokee
authorities as intruders the names of
,. SIS heads of families, representing
s. SEQ persons They found III persons
entitled to the value of their improve
ments. OF these, s. claimed citizen
ship by blood and 90 AS Cherokee |
freedmen. The department threw out |
all these last awards and then decided |
favorahly one of the former class left in /
doubt. making 50 in all. The total |
awards made by the appraisers We're /
Si4, $50. and the department made the /
amount SIS, 645.
The next step was 10 tender the in /
truders the values fixed. This was done 1
last August by the government agent of /
the Cherokees. and out of s. there were !
40 who accepted and 50 who refused the /
amount
In March last congress provided for I
the extension Of the time for removal I
until January /. 1926. with the prOviso 1
thar if an intruder on payment or
tender Of the appraised value Of his I.
Improvements should not immediately I
surrender them TO the Cherokee Z
authorities, he should pay rent st the I
usual rates. As congress hSd the
matter under consideration last winter.
the interior department decided no. 10 /
enforce the removals on January I
1895. The result was the provision that
the Dawes Commission should hear and
determine the application Of all persons
who Spply to them for citizenship IN
any Of the Five Tribes. under certain
rules. and should make up n lis. Of
citizens in those tribes. with privileges
Of appeal 70 she district court II the
United States. whose decisions should
b nnSl.
Such Is the present status Of the case
As set forth in the report Of Com
missioner Browning. When Congress
convenes doubtless something viii be
heard If the work Of this commission.
Meanwhile. II Is cleSr that the
Chsrokees have shown a great deal Of
patience. perhaps because they were
obliged 10 show it. Again and again
during the last sixty wears they have hSd
the promise that the country sholii b