Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1897-12-09

trade with the Indians and man.
aging all their affairs in such
manner as they (the United States
in congress assembled) think
proper"
These provisions have never
been abrogated and the power has
always been reserved in congress
of managing all the affairs of the
Cherokees in such manner as con-
gress should think proper.
During the revolutionary war
the Cherokees had adhered to
Great Britain, and it's first treaty
with them provided for a general
exchange of prisoners, and the
18th, or concluding article, was
as follows: 1.-The hatchet shall be
forever buried and the peace given
by the United States and friend
ship re-established between the
said states on the one part, and all
the Cherokees on the other, shall
be universal" This evidently
explains the reasons which in
duced the United States to incor-
porate in this treaty the foregoing
provisions.
1t is true that for many years
the United States pursued policy
of making treaties with the In
dian nations or tribes, but that
policy did not recognize the Indi-
an tribes of nations as independ-
ent sovereignties. Their depend.
ence upon and subsection to the
authority of the United States
have always been conceded Con-
gress may, in its discretion, leg
islate for them and concerning
them in such manner as congress
may deem proper, subject only to
the constitution of the United
States.
This court will now proceed to
consider the cases before it
on appeal from the United States
commission, in reference to citi-
zenship in the Cherokee nation.
In determining who are citizens
of the Cherokee nation, the fol-
lowing propositions will govern
this court:
LIST. That those Indians who
have separated themselves from
the present Cherokee nation, or
from the old Cherokee nation east
of the Mississippi river, and have
taken up their residence in the
states, and have removed their
| effects out of the limits of the ma
ton, and the eastern band of
Cherokee Indians, who remained
| in the states after the treaty of
1885, have forfeited their rights
and privileges as citizens of the
nation, and that such persons
cannot regain their citizenship
unless they comply with the con-
stitution and laws of the Cherokee
nation and be admitted to citizen
ship as therein provided.
Cd. That this court recognizes
the legislation of the Cherokee
nation constituting the supreme
court, and thereafter the chief JUS
tice of the supreme court, tribunals
to pass upon certain classes Of
citizenship cases, and also the
Legislation of the Cherokee nation
creating commissions with pre-
scribed powers to pass upon ap-
plications for citizenship in the
Cherokee nation, as passed in ac-
cordance with the general legisla-
tive power of the nation, and will
respect such legislation to the
extent that it may be in accord
snce with the constitution and
laws of the United States and the
treaties made between the United
States and the Cherokee nation.
In constituting such legislation the
court will apply to it the same
general principles of statutory
construction which should be ap-
piled to the statutes of any of the
states of the union, or to the stat
utes of the United States.
Sd, That blood alone is not the
test of citizenship in the Cherokee
nation. That those Cherokees,
and their descendants, who have
separated themselves from the
nation, and have removed their
effects from it and taken up their
residence in any of the states of
the union have ceased to be Cher
okee citizens. And further, that
bona fide residence in the nation
is essential to citizenship.
4th. Full faith and credit will
be- given to the judgments of the
tribunals and commissions in citi-
zenship cases, unless it is made to
appear that the tribunal or COM
mission acted without jurisdiction,
or that its judgment was procured
by fraud, as more fully explained
in this opinion. The acts of the
Cherokee council in the determin-
alton of applications for citizen
ship in the nation will be regarded
as judgments of a court and will
be subject to the same tests as to
their alidity.
The season of the year has ar
rived when trip to the south will
well repay the visitor. To accom-