The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))Royce, Charles C.
History
The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))
Royce, Charles C.
Cherokee Indians -- Government relations; Cherokee Indians -- Treaties
The policy of their removal therefore became a subject of serious
consideration with the national council. This involved a question as
to what were the essential prerequisites of Cherokee citizenship,
and who of the objectionable class were entitled, on any score, to
the privileges of such citizenship, as well as who were mere naked
intruders. Upon these points the national council assumed to exercise
absolute control, and proceeded to enact laws for the removal of all
persons, both white and colored, whom the council should declare not
entitled to remain in the Cherokee country.[677] The action of the
council in this respect was communicated to the Indian Department in
the fall of 1874, through the United States agent for that tribe,
coupled with a demand for the removal by the military force of the
United States of all who had thus been declared to be intruders. The
Department not being fully satisfied of the justice of this demand,
detailed an inspector to proceed to the Indian country and make a
thorough investigation of the subject. His report[678] revealed the
fact that there were large numbers of people in that country who had
been declared intruders by the national authorities, but who had
presented to him strong _ex parte_ evidence of their right to Cherokee
citizenship, either by blood, by adoption, or under the terms of the
9th article of the treaty of 1866 defining the status of colored
people. Affidavits in large numbers corroborative of the inspector's
report continued to be filed in the Indian Department during the
succeeding summer, from which it appeared that many persons belonging
to each of the classes alluded to had applied to the courts or to
the council of the nation for an affirmative ruling upon their claim
to citizenship, but that in many instances such applications had
been entirely ignored. In other cases, where the courts had actually
affirmed the right of applicants, the council had arbitrarily and
without notice placed their names upon the list of intruders and called
upon the United States for their removal. In this situation of affairs
the Indian Department advised[679] the principal chief of the Cherokees
that the Department would neither remove these alleged intruders nor
permit their removal until the Cherokee council had devised a system
of rules by which authority should be vested in the Cherokee courts to
hear and determine all cases involving the citizenship of any person.
These rules should be subject to the approval of the Secretary of the
Interior, to whom an appeal should also lie from any adverse decision
of those courts. As there were a number of these intruders, however,
who made no claim to the right of Cherokee citizenship, it was directed
by the Interior Department, in the spring of 1877, that all who should
not present _prima facie_ evidence of such right should be summarily
removed from the Territory. The main cause of difficulty, however,
Public-domain text, read in full here on John Shaqi.
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