Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-02-24

lootlLHOu( W tue SuSIOhcc CouhCii
for its action.
1t further appears that the Cher
okee commission on citizenship, |
known as the Chambers commits
sion, passed upon the application
of the claimants to be admitted TO |
citizenship in the Cherokee nation
and rejected it. Said commission
handed down its opinion at Tah-
lequah on August "a, 1888. This
opinion is signed by John Cham
bers, president of the commission,
and by o. p. Brewer and George
Downing, commissioners. This
opinion reviews all the testimony
submitted by the claimants and
by the Cherokee nation. 1t ap-.
pears that the claimants them
selves made application to this
commission, asking admission on
the ground that they were Chero-
KEGS by blood, and this was the
only question considered by the
commission. There was no allie
CATION by claimants at that time
that they had heretofore been ad-
mitted to citizenship by Chief
Justice Vann. The plea of rea
adjudicata was not then suggested
or insisted upon. The investiga-
tion was confined entirely to the
question of Cherokee blood.
The opinion in this case was
carefully prepared and it exhaust
lively reviewed every feature pre-
sented by the evidence. The COM
mission referred to the fact that
much of the testimony presented
by the parties was hearsay and
not entitled to consideration. The
testimony of three of the witnesses
on behalf of the Cherokee nation
received special consideration by
the commission. OF these wit
nesses the commission says: "All
three swore that they knew
Malachi Watts well and distinctly.
That he lived in Hill county, Ga,
on the border of the Cherokee ma
ton; that they all say that he pass
ed repeatedly to and fro by their
homes and often stopped at their
houses as a traveller in and out of
the Cherokee nation; two OF these
witnesses, Robbins and Still, state
positively that they have heard
Malachi Watts declare repeatedly
that he was white man. All
three agree Watts was not regard
ed as Cherokee, but on the con-
trary a white man." Mrs. Paris,
the white woman, says: 'She in
addition visited and associated
with the Watts family over in the
state and knew one of the claim
ants, Solomon Watts, who was
then little boy; that Watts wife
was a white woman, and the family
at no time during her knowledge
of them ever claimed 10 be Chero-
KEGS or were so regarded, either
by the people of the state or the
Cherokee side of the line. We
think the testimony of these three
witnesses must overcome the evil
dence of claimants. They all had
the same opportunity to know
whether Malachi Watts was
Cherokee as the witness Ragsdale
did, and they give a very differ
ent picture of the subject. +"
Ragsdale's eX parte affidavit was
produced and read by the claim
ants, as he had died since it was
taken and prior to the hearing be-
fore the commission. He was a
former slave in the old Cherokee
nation. in his affidavit he states
that he knew Malachi Watts in the
old Cherokee nation, and that said
Watts was recognized by the Che
rokee people as a Cherokee. The
commission states that his deposi-
tion Is impeached by the testimo-
ny of his own daugh ter and by the
witnesses father, who both state
that witness made contradictory
statements to them. That the wit
ness had stated that he could not
swear that Malachi Watts was a
Cherokee because he knew that
would be untrue, and further that
Watts had promised the witness
suitable reward if he would make
an affidavit to that purport.
1t is unnecessary to follow the
commission in its summing up of
evidence in the case. The cOnclu-
sion reached by the commission is
as follows: "We must say in view
of the testimony for and against
claiman Is, after bestowing an unus-
ual amount of care and cOnsidera-
ton on the case that We feel bound
to find that the claim or issue of
Cherokee blood is not sustained,
and the claimants are hence de-
clared intruders on the Cherokee
domain and not entitled 10 citizen
ship
In view of the evidence accom-
panying the report of the commits
sion, and of the finding of the COM
mission upon this question of fact,
this court is of the opinion that the
special master to whom this case |
was referred is not sustained by |
the record in his finding that the
claimants were of Cherokee blood |
The finding of the commission up |
on this question after thorough
examination and cross exGmina-
ton of witnesses, and after consid-
ering the testimony of all the wit
nesses produced by the claimants
ia cOnclusively binding upon this
court and all of the department of
the federal government, and the
special master to whom this case
was referred, should have SO re.