The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-07-07
IIERMARRIED
WHITE CITIZENS
Tangled Question Of Indian
Rights to be Determined
by the Courts.

NJ QutctiOu VI blic AlBht VI ihbCl'
I MED citizens OF the Cherokee Ma
10 share In theNdiyision Of the
..0kee tribal funds at the final dis
ption thereof, and to participate
he allotment Of land now being
. ie, is pending in the United States
mt Of claims and much interest is
. ing manifested in the outcome OF
ii suit.
: The Cherokees by legislative act
5rlded that white men and fereign-
desiring to marry Cherokee citi-
is, Delawares and Shawnees who
re Cherokee citizens by blood
ould procure a license from the dis
ct clerk authorizing such marriage,
a then be married by the clerk
der this license, or by some ordained
Mister or other person authorized TO
form the marriage ceremony, that
h intermalried white person then
mme citizen OF the Cherokee Ma
Nn
rhe law required the clerk TO re-
Ire the applicant for marriage license
present certificate OF good moral
aracter, and certificate from the
onty clerk OF the county Of the state
lere he lived last, and also to present
petition to the clerk signed by ten
tlzens OF the Cherokee Nation, and
pay for his license $40 and to take
oath OF allegiance to the Chero-
Nation, and to swear that ne
,uld not take advantage OF the in
rcouse laws OF the United States to
0secute any Cherokee citizen. This
was enacted many years ago, and
three means OF forfeiture Of eiti-
ship: first, should the white man
- advantage OF the intercourse
s to prosecute Cherokee citizens
md, should he abandon his Chero-
4 wife; II she died or they separated
thout fault on his part and he after
ard married a white woman he
narrled OUT and lost his citizen
ip. These three requirements were
L to be violated, and in case either
IS violated the white man lost his
ght.
Tie Cherokees, up to the date their
arts were abolished, held iurisdic-
on over the white man and the
nited States sustained them.
On Dec. 10. 1895, the Cherokee legis-
ture provided by act OF council that
lwhite person after that date mar
Ing Cherokee, Delaware or Shaw
4 woman acquired any rights OF cIti-
mship by virtue OF such marriage.
nee that time no intermarrled white
al who married since that date has
aimed any right except to live in
x nation
On one occasion James Williams, an
fermarried white man, was indicted
the grand jury OF Cooweescowee
strict for the murder OF Jim Boggs,
cherokee, was tried, convicted and
snienced TO be hanged, but died be-
9fe tie execution day arrived; the
rand jury that found the Indictment
las composed Of five members Of the
rial jury and had twelve members.
Ie was sentenced by Judge II. r.
andrum of the Cherokee circuit
- no question was ever raised as
8 llie right OF the Cherokee court TO
ndict the death penalty, but the con-
ieied man died a few days before the
late set for the execution and cheat
d the gallows.
IN making the roll Of intermarued
ifizens the Dawes Commission had
'reat trouble in investigating the
ases Of abandonment that came up,
nd also many cases Of marrying out.
IN one case at Catoosa. 1. T., a
1ite man, after the death Of his
Hrokee wife, married a white woman
a she lived with him until she died,
u as result of this marriage one
I'd was born; the white man came
fore the Dawes Commission and
nied this marriage; it was then up
! the Cherokee Nation to preye the
arriage. Under the Cherokee law
tizens could marry without procur-
e a license and the minister per-
nming the ceremony would give
lem a certificate Of the marriage,
hich was usually recorded, but not |
Ieays 50. 1t developed in this case
ut the last wife Of the white man |
,Ser told her mother OF the marriage |
d it was a secret unto death-the
alton happily found the preacher
no performed the ceremony and |
len he was sworn he told on them,
I'd the white man lost out, his
-eilment was refused. Many cases
= these have come TO light