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CHEROKEE INTERMARRIAGE CASES

Nos. 125, 126, 127 and 128.

203 U.S. 76 (1906)

CHEROKEE INTERMARRIAGE CASES. RED BIRD et al., CITIZENS OF THE CHEROKEE NATION BY BLOOD, v. UNITED STATES. CHEROKEE NATION v. UNITED STATES. FITE et al., INTERMARRIED WHITE PERSONS, CLAIMING TO BE ENTITLED TO CITIZENSHIP IN THE CHEROKEE NATION, v. UNITED STATES. PERSONS CLAIMING RIGHTS IN THE CHEROKEE NATION BY INTERMARRIAGE v. UNITED STATES.

Supreme Court of United States.

Decided November 5, 1906.

Attorney(s) appearing for the Case

Mr. John J. Hemphill, with whom Mr. K.S. Murcheson was on the brief, for Cherokees by blood.

Mr. Edgar Smith for the Cherokee Nation.

Mr. William T. Hutchins and Mr. James S. Davenport for persons claiming rights in the Cherokee Nation by intermarriage.

Mr. William Henry White, with whom Mr. A.E.L. Leckie was on the brief, for intermarried whites.

MR. CHIEF JUSTICE FULLER, after making the foregoing statement, delivered the opinion of the court.

Article 1 of the treaty of 1846 declared "that the lands now occupied by the Cherokee Nation shall be secured to the whole Cherokee people for their common use and benefit," and article 4, that these lands "shall be and remain the common property of the whole Cherokee people."

Section 2 of article 1 of the Cherokee constitution...

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