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
continuing unadjusted, the principal chief of the Cherokees asked
the submission of the subject, from the Cherokee standpoint, to the
Attorney-General of the United States for his opinion. This was done in
the spring of 1879,[680] by the Commissioner of Indian Affairs through
the Secretary of the Interior, wherein the former, alleging that the
question submitted by the Cherokee authorities did not fully meet the
subject in dispute, and being desirous that a complete statement of
the case should be presented to the Attorney-General, suggested three
additional inquiries for the consideration of that officer. These
inquiries were, first, Have the Cherokee national authorities such
original right of sovereignty over their country and their people as to
vest in them the exclusive jurisdiction of all questions of citizenship
in that nation without reference to the paramount authority of the
United States? Second, If not, do they derive any such power or right
by the provisions of any of the treaties between the United States and
the Cherokees? Third, Can they exclude from citizenship any of the
Cherokees who did not remove under the provisions of the treaty of 1835
upon their removal to the Cherokee country as now defined by law? The
reply[681] of the Attorney-General was to the effect that it seemed
quite plain in executing such treaties as those with the Cherokees, the
United States were not bound to regard simply the Cherokee law and its
construction by the council of that nation, but that any Department
required to remove alleged intruders must determine for itself, under
the general law of the land, the existence and extent of the exigency
upon which such requisition was founded.
One class of these so-called intruders, as previously suggested, was
composed of colored people who resided in the Cherokee country prior to
the war, either as slaves or freemen, and their descendants.
The fourth article of the treaty of July 19, 1866, contained a
provision setting apart a tract within the Cherokee country known as
the Canadian district, for the settlement and occupancy of "all the
Cherokees and freed persons who were formerly slaves of any Cherokee,
and all free negroes not having been such slaves who resided in the
Cherokee Nation prior to June 1, 1861, who may within two years elect
not to reside northeast of the Arkansas River and southeast of Grand
River."
Public-domain text, read in full here on John Shaqi.
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