Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1899-03-30

then recOgized by the Cherokee
authorities as intruders, should be
removed from the territory. A
further provision in the amend
ment was: 'In such removal
no houses, barns, outhouses,
fences, orchards, growing crops, or
other chattels real, being attached
to the soil and belonging to the
Cherokee nation, the owner of the
land, shall be removed, damaged,
or destroyed, unless it shall be-
come necessary in order to effect
the removal of such intruders;
Provided that nothing in this Sec
ton shall be construed as to affect
in any manner the rights OF any
! persons in the Cherokee nation
under the ninth article of the
treaty of July 10, 1866"
These provisions were a part
of the consideration which the
United States paid for the Chero-
kee outlet. The United States was
TO summarily expel the intruders
from the Cherokee nation upon
the demand of the principal chief.
These provisions have not been
carried into effect up to this time
Soon after these provisions were
enacted congress was induced, at
the instance Of these persons al
legged to be intruders, to change
the policy of the government, en-
acted in this agreement, and in
stead of allowing the chief of the
Cherokee nation to indicate who
were intruders, congress constitut-
ed a tribunal before whom these
alleged intruders could 60 to have
their right to citizenship determin-
ed before their expulsion took
place. Congress then authorized
what is known as the Dawes COM
mission to consider the applica-
tions of persons who were alleged
to be intruders. All persons
whose citizenship was question
ed were required thereafter to
60 before the Dawes commits
sion, the tribunal created by the
United States, consisting of citi-
zens of the United States, and /
they were to submit the question
as to whether they were citizens of
the Cherokee nation or not, with |
the right to appeal to the United |
States court in the Indian Terri |
tory, which appeal was then by |
congress declared to be final. They
were to rest there. The order for
expulsion was withheld and the
parties instead of being put out of
the Cherokee nation under the
provisions of the Strip agreement,
went before the Dawes commits
sion to prosecute their claim to
citizenship. A great many of this
number, some forty or fifty thous-
and went before that commission
and claimed to be citizens of the
Cherokee nation. They came
from the north and from the south.
and from the east and the west,
and more people claimed to be en-
titled to citizenship than were
citizens Of the nation. They
claimed to be Cherokee Indians
by blood. 1t seems that the an
cient Cherokee had one precept of
the scripture firmly fixed in their
and which they deter /
mined to carry out, and that was. ,
ito multiply and replenish the !
earth" So many persons claimed
10 be Cherokee Indians by blood
applied to have their claims adiu-
Their claims were all :
.airly and impartially considered !
by the tribunals of the United (
States. The great body of these :
we're rejected, and between four
md five thousand appealed to the ,
United States court, and they have ,
lad their hearing there, and in Z
his case, as in many others, the 9
Judgment has been against them, :
md their right to citizenship has !
,een again denied. This is the
bird time they have had their I
.laim to citizenship adjudicated. ;
'iIst by the Cherokee authorities, d
ecOnd by the Dawes commission. f.
md thirdly by the United States i
.ourt. The Cherokee authorities I
ienied them, the Dawes commits d
ion denied them, and the a
United States court denied them.
t seems that these per-
ons have had their day in court.
Dul that does not suffice. A suit
u ejectment was necessary, and !
n this case the money rendered !
" the Cherokee nation was ac-
epted and the parties have still
eld on to the land, and a trial by :
jury has been had in this case.
nd judgment for possession has =
cen rendered. A bond has been
led asking for a supersedeas, and J.
D that the defendants ask that the
alignment of this court for restitu-
ion be stayed and held in abev- y
nee until this case can be taken to y
ne court of appeals at South Nc -
lester and perhaps from that :
Jurt to the court of appeals for :
he eighth circuit at st. Louis. and =
lere discussed. If this suppressed ;"
IS be granted, although the per- ),
ms bringing this suit are unques- y
entitled to the possession = =;
the premises the deiendenls may =,
main In possession almost indef- u
tely. Now has congress since :,
rs legislation, to which | have =.
lied attention enacted any legis- -
ton on this subject to provide
r the expulsion OF these persons -
ON these lands? | think it has. ~ ~
d the 2Sth day of June last, con- -
ess passed what is known as the ~
lrtis act, and this law, taken in ~