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Page 299

The Cherokee Indians in all their various treaties with the United States, numbering about twenty, obtained provisions whereby the United States was to exclude intruding white persons from their territory. We find, however, as far back as 1819 in their written laws¹ where the Cherokees made provision to take care of and authorize intermarriage. Data concerning the Cherokee Indians concerns Oklahoma and, as a number of the laws under which they lived in Indian Territory were formerly passed in the states of Tennessee and Georgia, it would be interesting to follow their intermarriage laws from the first written in the East to those passed in the West up to about the year 1869.

Several of the old Cherokee Laws and Resolutions start with the words, “Whereas, a law has been in existence for many years, but not committed to writing, that if * * * etc.,” This wording is not prefixed to any of the intermarriage laws and it is reasonable to deduct that prior to 1819 there had been no law on the matter.

This first law passed at “New Town, Cherokee Nation, November 2, 1819” follows:

“RESOLVED BY THE NATIONAL COMMITTEE AND COUNSEL, That any white man who shall hereafter take a Cherokee woman to wife be required to marry her legally by a minister of the gospel or other authorized person, after procuring license from the National Clerk for that purpose, before he shall be entitled and admitted to the privileges of citizenship, and in order to avoid imposition on the part of any white man,

RESOLVED, That any white man who shall marry a Cherokee woman the property of the woman so marry, shall not be subject to the disposal of her

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husband, contrary to her consent, and any white man so married and parting from his wife without just provocation, shall forfeit and pay to his wife such sum or sums, as may be adjudged to her by the National Committee and Council for said breach of marriage, and be deprived of citizenship, and it is also resolved, that it shall not be lawful for any white man to have more than one wife, and it is also recommended that all others should also have but one wife hereafter.
By order of the National Committee.

Jno Ross, Pres’t N. Com.

Approved—Path (his x mark) Killer

Chas R. Hicks,

A. McCoy, Clerk.”

November 11, 1824, at New Town, Cherokee Nation, a law was passed prohibiting intermarriage between negro slaves and Indians, or whites; providing that slave owners who permitted their negro slaves to intermarry with Indians or whites shall be fined fifty dollars and that any male Indian or male white who should break the law shall be punished with fifty-nine stripes on the bare back and that any Indian or white woman so offending shall be given twenty-five stripes on their backs.

November 10, 1825 a law was passed acknowledging the offspring of Cherokee men and white women to be equally entitled to all the immunities and privileges enjoyed by the citizens descending from the Cherokee race, by the mother’s side. Signed by John Ross, Pres. National Committee and Major Ridge, Speaker of Council. On the same date a law amending the law passed November 2, 1819 was passed as follows:

“Resolved by the National Committee and Council, That the section embraced in the law regulating marriages between white men and Cherokee women, and making it unlawful for white men to have more than one wife, and recommending all others, also, to have but one wife, be, and the same is, hereby amended, so that it shall not be lawful hereafter, for any person or persons whatsoever, to have more than one wife.
Approved

Jno Ross, Pres’t N. Com.

Major Ridge, Speaker.

Path (his x mark) Killer.

CH. R. Hicks.

A. McCoy, Clerk N. Com.

B. Boudinot, Clerk N. Council.”

At New Echota, Cherokee Nation, Oct. 15, 1829, a

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law approved by John Ross, Principal Chief, was passed concerning descent and distribution and providing that should a white man’s Indian wife die without children by him, he shall be deprived of citizenship in the Nation; that should he have children by his Cherokee wife he shall enjoy the privileges of citizenship so long as he shall remain single or shall marry any other citizen of the Nation again; and should he marry a white person, even though he should have Cherokee children, he would lose his rights and be considered an intruder and be expelled from the Nation.

At Tahlequah, Cherokee Nation, (now Cherokee County, Oklahoma) on September 28, 1839,² a law was passed authorizing intermarriage, providing method and authorizing Clerks of Courts, Ministers and Judges to perform ceremony, providing penalties for wife desertion, providing a five dollar license fee and requiring all Clerks to register licenses, and requiring a certificate from persons performing the marriage ceremony which shall be recorder: and that bigamists shall be expelled as intruders.

November 10, 1843, at Tahlequah, Cherokee Nation, an act was passed repealing the act of September 28, 1839, above, insofar as to Clerks of Courts issuing license and providing that a white man should apply for license to marry a Cherokee woman to the National Council and the Clerk of the National Council is authorized to issue said license. Applicant must alienate himself from the laws of all other nations and support the Constitution of the Cherokee Nation after taking an oath to that effect.

From the compiled laws of the Cherokee Nation, “June 21, 1875, at Ft. Gibson, pursuant to act of Union between the Eastern and Western Cherokees as per the Proclamation of Wm. P. Ross;” we find a law on Intermarriage of White men and foreigners. This provided that applicants shall make satisfactory oath on application that he has no surviving wife from whom he is not divorced, that he shall present a certificate of good moral character signed by at least ten respectable Cherokee Citizens by blood who have known him six months or more; that he pay five dollars fee and subscribe to the following oath

“I do solemnly swear, that I will honor, defend and submit to the constitution and laws of the Cherokee Nation, and will neither claim, nor seek, from the United States, or any other Government, or from the Judicial Tribunals thereof, any protection, privilege

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or redress incompatible with the same, as guaranteed to the Cherokee Nation by the United States in treaty stipulations entered into between them. So help me God.”

In addition it provided that no other form of marriage was legal and providing a fine of One Hundred Dollars upon every person who assists in solemnizing any other form of marriage; that should the wife of any adopted citizen die the survivor shall enjoy the privileges of Citizenship in the Nation, the same applying to a white woman who had married an Indian man and regardless of whether there were children born of the union; for abandonment of his Indian wife or husband an adopted citizen shall forfeit all rights in the Nation and all property to belong to the Cherokee wife, or wife and her children so abandoned; also provided that should any adopted citizen prosecute a Cherokee in the U. S. Court at Fort Smith, for any reason, said adopted citizen would lose his rights in the nation.

During the year 1887 the Principal Chief, pursuant to a Resolution of the National Council, called upon the Clerks of the various District Courts in the Cherokee Nation for a report to be made from their marriage records of the names and dates of marriage of adopted citizens back to 1865. It is unfortunate that in only a few cases was the name of the Cherokee wife given in the reports. The reports available will be given in full, as the remarks of the Clerks are of interest.

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I hereby certify that the foregoing (57) fifty seven names on (3) three pages is correct according to Register of the Marriage License in this office.

Given from my hand and seal of office on this the 5th day of November 1889.

(Seal Justice Dist Court. Cherokee Nation).

WILLIAM J. McKEE

Clerk, Flint Dist.

C. N.

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Cherokee Nation

Delaware Dist.

I hereby certify that the foregoing and within list of-------- names are a true list of the names of persons who have obtained marriagelicense in this (Delaware) District under the Intermarriage laws of this Nation as the said list is of record in this office either in the form of Register or memorandum, or of copies, abstracts or notes of the original licenses, on file or belonging to this office. This the 5 day of October, 1887.

T. J. McGHEE

Clk. Del. Dist. C. N.