Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1896-07-16
WHO ARE CITIZENS.

Dawes commission in making a
roll of citizens of the Cherokee
nation, some discussion of the
question of citizenship is in order
Who are the legally constituted
citizens of the Cherokee nation?
This is the question to which the
Dawes commission will first give
its attention. AS the commission
is to respect the laws of the tribes,
under the act authorizing their re-
turn here, it will be pertinent to
quote the Cherokee constitution.
Citizens of the Cherokee nation
are: "All native born Cherokees,
all Indians and whites legally
members of the nation by adopt
ion, and all freedmen who have
been liberated by voluntary act of
their former owners or by law, as
well as free colored persons who
were in the country at the CON-
mencement of the rebellion, and
are now residents therein, or who
may return within six months from
the 10Th of July, 1866, and their
descendants, who reside within the
limits of the Cherokee nation,
shall be taken and deemed to be
citizens of the Cherokee nation"
This plainly and explicitly de-
fines citizenship in the Cherokee
nation. Now let's see how this
citizenship can be forfeited. The
Cherokee constitution further says:
Whenever any citizen shall re-
move with his effects out of the
limits of this nation, and become
a citizen of any other government,
ali his rights and privileges as a
citizen shall cease" Thus the
law defines who are citizens and
how they may forfeit that citizen
ship. Now the question arises,
how are they to get admitted or
readmitted as the case may be?
The constitution again says: "The
national council shall have power
to readmit by law, to all the rights
of citizenship any such person or
persons who may, at any time, de-
sire to return to the nation, on
memorialIzing the national coun-
Gil for such readmission. This |
brings US to the subject of claim
ants to citizenship. According to |
the laws and treaties the council |
may admit or readmit to citizen
ship; but it is purely discretion
ary with the tribal authorities |
whether they do SO or not. Claim
ants to citizenship in this nation
do not seem to realize that the |
Cherokee nation is not bound to |
admit anyone. lfa person were
to prove the blood beyond the pos
sibility of a doubt, it is then a
gratuitous act on the part of the
Cherokee council to admit them.
There are an abundance of cases
all over this nation where Chero-
KEGS moved out and became citi-
zens of other governments, then
afterward removed to the nation
and assumed citizenship and were
recognized by the authorities. A
very notable case of this kind can
be cited in the case of ex-Chief
d. w. Bushyhead. Mr.. Bushy-
head was citizen of California for
nearly twenty years, holding Office
as citizen Of that state He then
removed to this country and with
out being readmitted was elected
treasurer twice, holding the Office
eight years. Afterward he was
elected and served two full terms
as chief of the nation. In this
case council was not memorialized,
but by common consent the party
became a citizen.
Under the laws and the treaties
it is purely a matter of charity on
the part of the nation to admit
anyone, for if they have severed
their relation with the tribe under
the constitution they have no fur
ther rights. Nevertheless, it has ,
been the custom to admit all who
can prove Cherokee blood, at least
this has been the practice up to a !
few years ago when it became ap- {
parent that the little nation was
being imposed upon to an enor-
nous extent by unscrupulous per-
sons and by the greed and lack of /
patriotism of Cherokee attorneys. 4