The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1904-07-14
INTERMARRIED
WHITE CITIZENS
A Tangled Question of Indian
Rights TO be Determined
by the Courts.


tribution thereof, aud to participate
IN the allotment OF land now being
made, is pending In the United States
court OF claims and much interest Is
being manifested In the outcome OF
this suit.
The Cherokees by legislative act
provided that white men and fereign-
ers desiring 70 marry Cherokee citi-
Lens, Delawares and Shawnees who
were Cherokee citizens by blood }
should procure a license from the dis
trict clerk authorizing such marriage,
and then be married by the clerk
under this license, or by some ordained
minister or other person authorized 10
perform the marriage ceremony, that
such intermarried white person then
became a citizen of the Cherokee Ma
tion.
The h.w required the clerk TO re-
quire the applicant for marriage license
TO present certificate OF good moral
character, and certificate from the
county clerk OF the county OF the state
where he lived last, and also to present
a petition to the clerk signed by ten
citizens Of the Cherokee Nation, and
to pay for his license sIO and 10 take
the oath OF allegiance TO the Chero-
kee Nation, and TO swear that he
would not take advantage Of the in
terconse laws OF the United States TO
prosecute any Cherokee citizen. This
law vas enacted many years ago, and
has three means Of forfeiture Of citl-
1enship: first, should the white man
take advantage Of the intercourse
laws TO prosecute Cherokee citizens;
second, should he abandon his Chero-
kee wife; II she died or they separated
without fault on hIs part and he after
ward married white woman he
married out" and lost his citizen
ship. These three requirements were
not to be violated, and In case either
was violated the white man lost his
right.
The CherOkeeS, up TO the date their
courts were abolished, held jurisdlc-
tion over the white man and the
United States sustained them.
On Dec. le. 1896, the Cherokee legis-
laturs provided by act Of council that
no white person after that date mar
rying a Cherokee, Delaware CT Shaw
nee wClnan acquired any rights Of citi.
zenshIp by virtue Of such marriage.
Since that time no intermarrled white
man who married since that date has
claimed any right except to live In
the nation.
On one occasion James Williams. an
intermarried white man, was indicted
By the grand jury OF Cooweescowee
district for the murder OF Jim Boggs,
a Cherokee, was tried, convicted and
sentenced 10 be hanged, but died be-
fore the execution day arrived: the
grand jury that found the Indictment
was composed OF i've members Of the
trial jury and had twelve members.
lie vas sentenced By Judge II. r.
Landrum Of the Cherokee circuit
court-no question was ever ralsed a
10 the right Of the Cherokee court "a
infiiet the death penalty, but the con.
yicted man died . few days before the
date set for the execution and cheat
Cd the gallowS
In making the roll Of intermarned
citizens the Dawes Commission had
great trouble In investigating the
cases Of abandonment that came up
and also many cases Of marrying out,
In one case at CatooSa. l. T., :
white man, after the death Of nj.
Cherokee wife, married a white woman
and she lived with him until she died,
and Is a result Of this marriage one
child was born; the white man came
before The Dawes Commission and
denied this marriage: It was then up
70 the Cherokee Nation to prove the
marriage. Under the Cherokee law
citizens could marry without proeur.
Ing license and the minister per
forming the ceremony would give
them a certificate Of the marriage.
which was usually recorded but not
always 20. It developed IA this case
that the last wife Of the white man
never told her mother OF the marriage
and It vas secret unto death -the
nation happily found The preacher
who performed the ceremony and
when he Was sworn be told on them,
and the white man lost out, his
enrolment was refused MANY cascs
lIko these have come To Ii4h