Tribal Status of Petitioners
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INDIAN TRIBAL STATUS OF PETITIONERS  

Now what is the status of petitioners? Are they freedmen, or are they in law and in fact citizens by blood of the Choctaw and Chickasaw nations? They are eligible and have been ever since the adoption of the treaty of 1866 abolishing slavery to hold any office under the Choctaw or Chickasaw governments. Their eligibility is so declared by the Choctaw and Chickasaw constitutions.  

Article 7, section 2, of the Choctaw constitution, provides as follows:  

No person shall be principal chief, subordinate chief, senator, or representative unless he be a free male citizen of the Choctaw Nation and a lineal descendant of the Choctaw or Chickasaw race.  

The Chickasaw constitution provides:  

Article 2, section 3: All free persons of the age of 19 years and upward who are by birth or adoption members of the Chickasaw tribe of Indians, and not otherwise disqualified, and who shall have resided six months immediately next preceding any election in the Chickasaw Nation, shall be deemed qualified electors under the authority of this constitution.

Article 4, section 3: No person shall be a representative unless he be a Chickasaw by birth or adoption.

Article 5, section 3: No person shall be eligible to the office of governor unless he shall have attained the age of 30 years, and shall have been a resident of the nation for one year next preceding his election. Neither shall any person except a Chickasaw by birth or an adopted member of the tribe at the time of the adoption of the constitution be eligible to the office of governor.  

We respectfully contend that these persons are Choctaw and Chickasaw citizens by blood; that they are lineal descendants by blood of the identical persons to whom the grant was originally made; that they acquired their citizenship in the Choctaw and

Chickasaw nations by descent from recognized citizens by blood thereof, by birth in the nations, and by continuous and. uninterrupted residence therein and allegiance thereto. These are the essential elements of citizenship, for can it be denied that the child of a recognized citizen of a nation, born in the nation, and owing its allegiance to that nation and to no other is a stranger to its parents allegiance and par citizenship? This is the fundamental and universal law of all organized societies and States and essential to their continued existence as such. In no State and by no Government has it ever been held that the offspring of a citizen is a born stranger to the parents’ allegiance, outcast from the parent’s civil state, and citizen of no other State.  

These people are the lineal descendants of the very persons who ratified the treaty of 1830, under which the Choctaw Nation became seized and possessed of the lands now being allotted in severalty.

 

 

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Last modified: June 13, 2009