David Josiah Brewer

“ Has death changed the significance of his actions? The Cherokee Nation not only recognized the acts of young Dennenberg as the acts of the clerk, but, since the death of Rutherford, it has asserted its jurisdiction over the Cherokees who did the killing,-a jurisdiction which is conditioned upon the fact that the party killed was a Cherokee citizen. ”

“ The Cherokee statutes make it clear that all white men legally married to Cherokee women and residing within the Nation are adopted citizens. Laws Cherokee Nation, 1892, p. 329 et seq., §§ 659-663, 666, 667. Section 659 requires that, before such marriage shall be solemnized, the party shall obtain a license from one of the district clerks. Sections 660 and 661 provide that one applying for such license shall present to the clerk a certificate of good moral character, signed by at least 10 respectable citizens of the Cherokee Nation, and shall also take an oath of allegiance. ”

“ Hoyt, 4 How. 327; Butler v. Maples, 9 Wall. 766; Town of Weyauwega v. Ayling, 99 U.S. 112; Gonzales v. Ross, 120 U.S. 605, 7 Sup. Ct. 705; Callaghan v. Myers, 128 U.S. 617, 9 Sup. Ct. 177; Keyser v. Hitz, 133 U.S. 138, 10 Sup. Ct. 290 ”