The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1904-03-17
special to Daily Leader

. o . o 6 . . . 2 . G o Q Q Q . 9
special to Daily Leader
Vinita, l. T., March 16--Befcre
tribal RELATIONS we're in'erferel with
in the Indian territory some strange
customs prevailed In the Cherokee
nation when a couple decidel 10 mar
ry they went before a clerk or mag
trate or minister Of the gospel and
were married and they then secured
a certifcae from the person perlornf
ing the marriage ceremony which was
filed with the district clerk If hey
did not desire TO get married in this
way they were permitted to draw q
written contract that they would take
each other for husband and wife ahd
sign &c in the presence Of two wiz
lnosses. which made it a valij mar
rlage The Dawes commission in
making a oll Of Cherokees found
hundreds Of these marriage contracts
and dled ,hem in citizenship cases.
The CherolSees hal lax marriage laws
but rigid divorce laws as far as he
courts were concerned In the later
days of the Cherokee governmen. If a
couple desired divorce they we're
permitted TO coil i'm arbitratcrs who
proceeded to hear The testimony and
then make an award dividing property
Interests and granting a divorce. This
award was usually filed with the dis
trct clerk. ana had the same force
and effect as a decree OF the circuit
court
Punishment for Crime Was Swift
In early days the Cherokee punish
ed all crimes less than those for which
the death penalty was prescribed by
Tying the victim to a tree and admin
istering as many lashes with hickory
switches as the court prescribed. The
prisoners were given no time, but as
soon as the court sentenced them
they we're whipped. If the death pen
atty was prescribed the prisoner was
lied on TO tree IN the court yard
and hanged or shot Prior to the civil
war the prisoner was pu 10 death in
tho same manner that he killed his
yc-lm II he shot his victim the
sheriff shot him; if he cut his vic.
dms throat. be sheriff cut his throat,
etc
Divorces Granted Out Of Court
In the Creek nation the marriage
ceremony was performed by the judso
of an Indian court who told he con.
tracing parties that they were made
man ana wife The Judge entered his
order on his docket In many cases
the Creeks did not take this rouble.
A Creek judge could divorce a couple
anywhere upon hearing the testimony
Il was not necessary to go to court
The couple might take the matter up
with him on the sidewalk or on the
trail NO time was necessary Upon
hearing the statements Of both sides
the Judge told them they were di-
vorced and that was all When he got
10 his ONCE he made a record OF what
he did and that settled it. The Indian
Judge made his record at his pleasure
and many times he forgo' to make q
at all This failure caused much
trouble in land matters in the Creek
nation Many of the Creeks remar
REL without securing divorces
/ In the Cherokee nation. when
white person married an Indian ne
white person. If a man, was required 70
secure penaion signed By ten IN
dians, and pay the clerk of the disTic,
a fee OF $40 for a marriage license.
The clerks of en- kept the fee and
made no record Of the marriage This
loccas'oned trouble fcr the Dawes com
mission in maldng a roll OF the inter
married citizens
The Creeks Had no Jurles.
Under the tribal courts there were
nine district and circuit cours IN the
/ lCherokee nation, one in each district
and six in the Creek nation. Each dis
trot had district judge and public
prosecutor In The Greek nation the
complaints were returned by the prcs
iecuor There We're no juries. The
Judge passed upon the guilt o. limo
lcence Of the accused. The punishment
for minor offenses was so many lashes
Ion the bare back For murder the
penalty was death When an Indian
was SEN enced to death, he was a lib
erty unil the day set for execution
when he would return a his own ac.
p cord. This was also true in the Sem
mole nation. II is said the full bloOds
0never broke this rule. The willy
r Cherol1ee. however. were locked up
until execution day and frequently
they escaped