Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-02-24
KNOCK OUT FOR WATTS.
Continued from first page.)

it was made in the name OF
! Malachi Watts and children, nam
ing the children. | explained TO
the court that there were only two
of the family living Gn the Chero-
kee naiion) and | inquired what
advice / should give the other
members of the family, and when
lac rendered his decision he told
me that | should bring them all in.
| then in December purchased of a
citizen in the Cherokee nation
property, one farm from Sam
Gunter, sheriff of Sequoyah dist
rict. Our children were admitted
into the public schools. The last
of December and early in January
all the remainder of the family
came into the SequOyah district,
and the present claimants are the
brothers and sisters whose names
were furnished to Chief Justice
Nann at the trial. When they
came in th,y were permitted to
exercise the rights of Cherokee
citizens. Jacob Mabray, a brother
in-law was with me when | made
application. Mabry married Susan
Watts Mabray died about 1880
and Judge Fann about 1875"
In the cross examination of Mr..
Watts by Special Agent Parker,
he says: II do not remember
whether | made any other written
application, except what the court
and officers made. ! made a verb
al application and the court put it
down. Mr. Glenn Eann was man.
aging the matter for me and | sup
pose he made it according to law.
| was admitted between the 10Th
and Doth of November, 1871.
was satisfied at the time that | was
admitted to citizenship, and con-
sidered myself a citizen from that
time on Iexpect / stated August
4th, 1875, before Agent Engles, that
| had not been admitted TO citizen
ship. | based that affidavit upon
information from George Wilson
that my case had been decided
against me by the senate. -
In the same investigation by
Special Agent Parker there is pro-
duced the affidavit of +. B. Down
ing. who says: Il am assistant
clerk of the senate of the Chero-
kee nation and have access to the
records of that body. | have made
a thorough and diligent search of
all of the transactions of that body
from 1870 up to the present time
(Which was in March, 1890. The
facts appearing upon the senate
journal in reference to the Watts
case are as follows: Thursday,
November 16, 1871. The chief
justice of the supreme court sub
mitted to the national council for
their consideration the following
cases: (Omitting from the ist to
the 6th). 9TH. Evidence in the
case of Malachi Watts, accompan-
led with the report Of the chief
justice in the matter. On motion
of W. p Adair, the business sub
mitted from the chief justice re-
ferred to the committee on foreign
relations And again there APP
pears in the record of the pro
ceedings of Friday, November "a,
1871, the following: The report
OF Chief Justice Vann relating TO
citizenship granted to North Caro-
lima Cherokees ordered filed. The
case of William Going, J. Going
and Malachi Watts returned by the
chairman on foreign relations,
evidence being furnished" And
again IN the senate journal of No
vember II, 1875 the following:
Mr.. George Wilson presented the
claim of William Waits for citizen
ship
These are all the entries which
appear in the proceedings of the
Cherokee council in reference to
the Watts case. In the same re-
port of Special Agent Parker ap
pears the testimony of Hon. 5.
Houston Benge, who states that he
was member of the Cherokee
senate in 1871. From his evil
dence the following extracts were
taken:
Question. "When the chief
Justice made report to the nation
al council of II of the case and
evidence of Malachi Watts and six
other cases as read from the senate
journal, did the chief justice re-
port the cases of Malachi Watts as
having been decided by him, or on
the other hand, did he report the
case for the decision of the nation
al cOuncil?'
Answer. The cases were re-
ported to the national council for
their consideration. % And further
in his testimony Is the following:
81 recall some things about the
facts of the cases of William Go
ing, J. Going and Malachi Watts
being unfinished or insufficient.
The committee reported that the
evidence was unfinished.
Q. "What was the action of
the senate had in consequence of
the report Of the foreign relations
committee?"
A. THE applicants, Susan
Ware, Malachi Watts and the Go
ings were defeated. Subsequently |
Susan Ware was admitted to citi-
zenship. By the chief justice re-
porting the cases above mentioned |
to the national council for their
consideration | mean that he re-
ported them to the council to be
acted on or passed upon there. ."
The foregoing from the testimo-