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

AbAll VI Allt Nv
next one was Loren o. Gibbs,
which was sworn to on November
Is, 1871; the next of Isaac Couch,
which was sworn to before Mr.
Turner on The 18th day of Novem-
Der, 1871. The next was the aft
davit of David Elliott which was
sworn to on the 10Th day of Nov.
1871, before Mr.. Turner. The
next one was made by w. 5. Ward
which was sworn to oil the 25th OF
November, 1871, before Mr.. Tur-
ner. The next one was Jesse l.
Gibbs, and was sworn to before NJ
J. Watts. justice OF the peace, on
the 9th day of December, 1871, at
Choville, Arkansas. The next
one was by Samuel H. Payne,
which was sworn to before the
clerk of the United States court for
the western district of Arkansas,
December Z, 1871. The next is
that of Lot Langley, which
was sworn to on the 9th day of
Dec. 1871, before Judge Gunter,
clerk of the district court of the
Cherokee nation. There are aifi-
davits following dated in 1872,
1874, 1875, 1877 and subsequent
years. Special reference should
be made to the affidavits which
were sworn to on Dec. 9TH and 9th
and thereafter. The one on Dec.
7th was signed by Lot Langley
and is as follows: Il have heard
Of the family all of my life though
never was acquainted with them
until about fifteen years ago. |
have often heard my father and
mother speak of Malachi Watts
who lived east in the old Cherokee
nation, and that he was a Cherokee
Indian. Ny mother and Malcahi
Watts are first cousins. | also
heard them say that he lived in
the state of Arkansas since he left
the old nation. From what my
parents have told me | never
doubted the family being Cherokee
Indians" The affidavit of Sam
uel H. Payne was sworn 10 on the
9TH day of December, 1871, before
the clerk of the United States
court for the western district OF
Arkansas at Fort Smith. Payne
states that ne is a citizen of the
Cherokee nation and has been ac-
quainted with Malachi Watts and
his family for nearly fifteen years
"that the said claimant. Watts, and
his family always claimed to be
Cherokee Indians by blood; and
they were always during the peri
Cd | knew them, recognized as be-
ing of Cherokee Indian blood. by
the people of the State of Arkan-
sas, johnson county, where they
lived"
III 1t be true, as stated in the re-
port of the special master in this
case, that the claimants in this
case were admitted to citizenship n
the 18th day of November, 1871,
why is it that claimants continued
to take afiidavits to support their
right to citizenship from time to
time until the 9th day of Decem-
ber, 1871. The affidavit taken on
the 9th day of December, 1871, at
Fort Smith, was filed, it is said in
the claimants papers before Judge
Nann, and was part OF the papers
upon which he acted. On the 7th
day of December, 1871. the amen
datory act took effect, and from
that time forward Judge Vann had
no authority to admit to citizen
ship, but only V to take testimony
and report the evidence to the
council for its action with his
recommendation with reference
thereto. The senate records here
with presented show that the ap-
plication of the Watts claimants
was reported to the senate by
Judge Vann, and that the papers
were referred to the committee on
foreign relations on the 10Th day
November, 1871. This is after the
date of the alleged admission of
claimants to citizenship by Judge
Vann. The testimony of Houston
Benge is to the effect that he was
there in the senate when the pa
pers in the Watts case were re-
ferred To the senate for Its con-
sideration or action, and he states,
the records. do not bear
him out, that the application of
the claimants was rejected. Tie
record, however, is silent as to
this. There is nothing, however,
in the record that tends to show
that the application of the claim
ants TO citizenship was reported to
the senate as having been granted
by Jude Vann. The certificate of
Judge Vann is put in the record
in this case, which was referred
to in the testimony of Mr.. Watts
heretofore set forth. That certifi
cate is as follows: This certifies
that during my sitting as chief
justice of the supreme court of the
Cherokee nation, to take evidence
in case of application for citizen
ship at Fort Gibson, Cherokee ma
ton, some time in April, 1872, as a
court of commission" authorized
by the national council for same,
one w J Watts, son of Malachi
Watts, filed his application then
md there for Cherokee citizenship. |
with sufficient proof to entitle him |
o said right according to the best |
If my judgment, (which | forward |
ID to the senate with my recon-
nendation and classed "B."
This November 5, 1874.
(Signed) JOHN S. VANN,
A. j. S. c. G. n.