Copyright © 2000 NLThomas
All Rights Reserved

Cherokee Nation, Oklahoma, has a wealth of historical sites and buildings within its jurisdictional boundaries. Looking at the histories and lifestyles associated with these sites, we can get a good idea of the cultural lifestyle of our past as compared with today. The series begins with the Cherokee National Prison.

The Cherokee National Prison was authorized in 1873 by an act of the Cherokee National Council. Proceeds from the sale of the Cherokee Outlet were designated in the amount of $6,000 for the construction of the prison on the Cherokee Nation capital square in Tahlequah, Oklahoma. It was completed in 1874. The Committee to Build the National Jail consisted of Riley Keys, John Lynch Adair and John Francis Lyon. The position of High Sheriff of the Cherokee Nation was established and filled in 1875. Administration of the prison was shared with a Board of Supervisors, which consisted of the Principal Chief, Assistant Principal Chief and the Executive Council.

The prison was the only such facility in the entire Indian Territory from 1875 to 1901. It housed sentenced or accused prisoners from throughout the Territory.

Built of sandstone rock, the original structure of the building was three stories high, and it was one of the major tribal buildings erected in Tahlequah during the period. Accounts at that time said it was, "made to hold the most hardened and dangerous prisoners." It was also said the "No one escaped unless through death; condemned prisoners were taken to be hanged on a scaffold behind the building in the courtyard."

The National Prison, also referred to as the Cherokee jail or penitentiary, was created for reformation as well as for punishment for offenders. According to the law, punishment could include hard labor, solitary confinement, or, imprisonment and confinement therein at hard labor. It was used, "when deemed expedient for the safe keeping of persons charged with murder, or other high crimes, and for the temporary confinement or punishment of persons sentenced by the National Council, or who may be put under arrest for drunkenness, or other misdemeanor, at the seat of government." The Principal Chief had the power to pardon condemned men, with the advice and consent of his Executive Council, but this was rarely exercised."

Appointed by Principal Chief Charles Thompson in December of 1875, Samuel Sixkiller, became the National Prison's first High Sheriff. His $500 annual salary was paid out of the National treasury. Sixkiller was initially delayed from using the jail as a place of imprisonment for several months until the criminal portion of law was in force appropriation to furnish supplies for the maintenance of inmates.

Being High Sheriff was a formidable task since responsibilities required that he act as warden, treasurer of the National Prison, custodian of the capital building and other public property at the seat of government, and perform such general and special duties imposed under him by law. Duties of the sheriff, described by Sixkiller's successor, were "impossible."

Cherokee National Prison (Part 2/5)

On October 28, 1876, the Cherokee Advocate reported, "Our jail or penitentiary has one inmate, one Charles Clar, who was found guilty of resisting an officer while attempting to arrest Taylor Parris. The sentence is for five years."

A November 25, 1876 article said that the town was, "startled by the appearance of a cavalcade of 8 or 10 men following a wagon filled with people and proceeded by a pair of well dressed men who looked like officers. It turned out to be a number of prisoners from Delaware District on their way to jail. Half the town was soon at the heels of the party, curious to see the operation of imprisonment practically illustrated, a new thing with most of them. Standing at our window, we could see the prisoners handed over one by one, to disappear behind the stone walls and front doors, which had been erected such from abusing their liberty. We could not help thinking what folly must have possessed them in our favored country - favored beyond any on earth in respect of natural advantages, to violate laws so easy to observe. There were three criminals imprisoned this time, each for five years which increases our jail inmates to five."

The April 11, 1877 edition of the Cherokee Advocate reported, "Sixkiller . . . is having a wall put around the National Prison; solid boards, ten feet high, which encloses two acres of ground, and adds to the looks and safety of that institution muchly."

Well built gallows in the enclosure were described several years later as "not the worse for wear, as the authorities inclined to be very merciful."

"The High Sheriff" in order to beautify and improve the appearance of the Capitol Square, has grubbed out all of the stumps and overgrowth which covered, to the disgust of the citizens, the entire square, and has placed in their stead, some beautiful shade trees, which is very suggestive to our enterprising citizens that they should do likewise, which would not only add to the appearance of the town, but would enhance the value of their property wonderfully." "Beautify your homes."

Of special note in the April 11th edition, an article reported, "Convict labor has been found by those of our citizens who have tried it, to be quite profitable, they work as well, if not better than those who are foot loose. They want to profit by their confinement they say, and had rather work than be idle - they are hired out at one dollar per day in National tickets."

The existence of a jail and the many newly established laws ran contrary to the thinking of some citizens more accustomed to old Cherokee traditions and practices.

On May 2, 1877 the newspaper reported, "The prisoners in our jail have a kind and intelligent but firm and resolute keeper and guard, and both the class of prisoners and the manner of their confinement is different from what it is in older countries where they have well defined criminal classes and the handling of them is more severe. Here, inducement to break the law by crimes against property are continued to persons who could not steal if they would; old and disabled men, widows and orphan children. There consequently ought to be no criminal class as a class at all here, nor do we think there is. There is no genuine temptation to dishonesty offered to anyone who can work, from one year's end to another."

Cherokee National Prison (Part 3/5)

U.S. Interior Department Agent reports in Indian Territory noted that "there are 43 men of the Indian police force of the agency distributed throughout the agency." An equal division of the territory to be protected would give about 712 square miles to each officer. They cooperated with both Indian officers and the U.S. deputy marshals and State officials, hunting refugees from justice and made many needed arrests of persons who by for the force, with general authority, would escape.

There were six occupants in the jail on April 8, 1877, "having to serve from four to fifteen years each."

In December of 1877, a notice was published that said, "Hereafter the convicts. . . will be known by their uniform-streaked and striped."

January, 1878 news articles say convicts of the national prison are to be taught mechanical arts, such as shoemaking, blacksmithing, wagon making as soon as the shops are put in. Sixkiller is making preparations in February of '78 to put in and cultivate about thirty or forty acres of corn with his convict force, within a short distance from town. Other enterprising projects by Sixkiller continued through early 1879.

High Sheriff Sixkiller served until June 7, 1879 when he, along with his newly appointed deputy, Cullos Thorne, were arrested and charged with the murder of Jeter Thompson. In a letter to the Principal Chief, Executive Secretary J.F. Thompson stated, "It is the wish of George Downing Johnson and family of deceased that you appoint someone to take Sixkiller's position until the mitigation, and trial is over because [it] might be used for the advantage of the accused. Anyone acceptable to you and not related to either of the parties would give satisfaction." He suggested Samuel H. Downing for prison operations.

Sixkiller initially refused to relinquish the prison informing Downing that it would take an act of force. Downing detailed Sixkiller's insubordination in a five page letter to the Chief. In a July 1st letter to Sixkiller, Chief Thompson repeats his demand to turn over the books, papers and records of the National Prison stating a deadline of the 2nd of July, 1879. The chief warns that a second failure to comply with his demand will find Sixkiller to be held responsible. Sixkiller complied.

David Row calls for a thorough examination of the condition of the National Prison on July 22, 1879. On November 25th, a special committee of the council was appointed to investigate the affairs of Sixkiller.

Sixkiller retained attorneys S.S. Stephine and James M. Bell to "attend to any and all business connected in any way with the office of High Sheriff and the National Prison during the last few years ending in November, 1879." Eventually acquitted of the murder and released, Sixkiller never regained his position.

The June 7, 1897 Act of Congress that required all original offences committed by citizens of the Cherokee Nation on or after January 1, 1898, should be tried regardless of citizenship by the United States court; along with an Act of Congress approved June 28th, 1898, that abolished the Cherokee courts on and after July 1, 1898; and the burden of the $8,000 annual expense to the Cherokee Nation marked the beginning of the end to the National Prison.

The Cherokee National Council resolution approved by Principal Chief T.M. Buffington on November 28, 1899 and entitled "An Act for the Purpose of disposing of certain jail property belonging to the Nation and for other purposes," was submitted by the Secretary of the Interior to the President of the United States for executive action on December 20, 1899 and duly approved on December 22. It was placed on file in the Office of Indian Affairs at Washington.

Cherokee National Prison (Part 4/5)

The council act said the agreement entered into by and between the U.S. and Cherokee Commission of January 14, 1899 provided in Sec. 78 that immediately upon ratification of the agreement, the Principal Chief of the Cherokee Nation had the authority and was directed to grant absolute and unconditional pardon to all persons who had heretofore been convicted in the courts of the Cherokee Nation of a violation of Cherokee laws. It stated that the agreement was ratified by a vast majority of citizen voters of the Cherokee Nation.

Additionally, the council act included that the prisoners incarcerated in the national jail had served sentences for more than a year and because of the uncertainty under the existing state of affairs, further supplies had been declined to be longer furnished which of itself necessitated closing the jail. Pending a change in the affairs of the country, it was desirous so far as the public morals would permit, to give all equal opportunity in caring for his share of the common property and they hoped that the prisoners in the jail, when liberated, would lead exemplary lives and make good and useful citizens.

Absolute and unconditional pardons were granted the following persons incarcerated in the jail at Tahlequah, Cherokee Nation, Indian Territory.

James Wolf William Clark William Linn Dan Rogers Lee Tehee Will Wildcat George Beck Don Ross James Shirley

Robert Austin Keener Vann Ross Benge Mose Fielding Jesse Rogers John Watts Will Sawnie Sam Squirrel Walter Wofford

And all other persons who had heretofore been convicted or indicted by the courts of the Cherokee Nation of a violation of Cherokee laws, and the full rights of citizenship was restored to each of them.

At the end of the following fiscal year, the Cherokee National Prison was closed. The building was soon converted for use by the tribal government for other purposes. Today, in 2000, the building is used by the Cherokee Nation as a home for the Cultural Resource Center and is designated as a National historical site. The third floor no longer exists, nor do the stockade walls and original gallows.

The Cherokee Nation District Court was re-established in 1991 along with the Cherokee Nation Marshal Service under a new self-governance act. The Judicial Branch of the Cherokee Nation operates under the authority of the Judicial Appeals Tribunal which is also known as the tribe's supreme court. The Supreme Court and District Court are located in the historic Cherokee Capitol Building on the Cherokee Square in downtown Tahlequah, Oklahoma. The National Prison is located on the corner of Choctaw and Water Streets.

Centuries of restoration and rebuilding the Cherokee Nation is a testament to the strength and resilience of our people.

In 1875, the Cherokee National Council codified "An Act in Relation to Crimes and Misdemeanors" that included laws governing the following:

Treason and conspiracy, murder and manslaughter, excusable and justifiable homicide, assault with intent to kill, burglary, robbery and larceny, rape, mayhem, arson, perjury, abortion, poisoning, bribery, embezzlement, forgery and counterfeiting, escape of prisoners, guards, introducing and vending of liquors, houses of ill-fame, gambling, marking branding stock, offenses against health, disturbing public assemblies, malicious trespassing, false pretense, burning prairie or woods, weights and measures, betting on elections, public roads, destroying pecan trees, principals and accessories, slander and libel, Sundays, violation of, damages, skinning dead cattle, game, prairie hay, fish, and more.

Cherokee National Prison (Part 5/5)

- Management of the prison
- Application of governing laws
- Contracts for supplies and work in and for the prison
- Settle all bills
- As warden, furnish to prisoners wholesome fare and see that provisions are well and sufficiently cooked and properly served
- Purchase all supplies of bedding, clothing, fuel and other necessary articles by the quantity and at lowest market rates
- Charge and custody of the prison with the lands, buildings, furniture, tools, implements, stock and provisions, and every species of property thereto pertaining or within the precincts of
- Superintend the police of the prison
- Discipline the convicts
- Receive and disburse such sums of money as shall be granted by the council for support of prison
- Annual detailed report that contains a dull and accurate statement of all concerns of the prison for the fiscal year
- List the convicts received, discharged, pardoned and who died during the year
- Secure some minister of the Gospel to hold divine service in the prison and instruct prisoners in their moral and religious duties and visit the sick among them
- Serve all processes within the precincts of the prison
- See that all judgments passed are strictly but not cruelly enforced
- Govern and employ prisoners in the manner prescribed by law
- Rules and regulations of the prison and conformity to respective sentences
- Manage and oversee all officers and other persons employed in and about the prison
- See to the quality and quantity of clothing and bedding of convicts
- Consult the health and comfort of the convicts, and the interests of the Nation
- Maintain order, enforce obedience, suppress insurrection and riots, effectually prevent escapes and command aid required or necessary
- As warden and treasurer, renew bond whenever deemed necessary by the Chief and obligate for such sum as may be required by the Chief
- Require all subordinates to refrain from the use of boisterous, harsh and unbecoming language to the prisoners and to each other while in and about the prison
- Confer with the Chief for the Chief's suggestions in regard to management
- Provide discharged convicts with a decent suit of clothes not to exceed $5
- Preserve all money and effects in the possession of convicts and restore them to such convicts when discharged or pardoned
- Order unruly or disobedient convicts kept in solitary confinement and fed on bread and water only for no more than 30 days
- Provide for each prisoner a copy of the Holy Scriptures and any minister of the Gospel disposed to aid in reforming and instructing prisoners in the moral and religious duties
- Employ convicts sentenced to hard labor as constantly as may be of benefit to the Nation
- Ensure no communication be allowed between prisoners and any person without the prison
- Securely confine prisoners at night in different cells or apartments and if practical, in the day restrict or entirely prevent all communication between the
- Make annual inventory of all property belonging to prison
- Keep suitable books, regular and complete accounts on all expenses, income, business and concerns of the prison
- Register all prisoners received, discharged, pardoned or died and such other manners that may be necessary in statistics of the kind
- Permit authorized persons to examine the books
- Admit visitors
- Enter upon his register a minute and correct description of every prisoner received into the prison
- Adopt a means of best recapture of escaped prisoners
- Do not allow prisoners tea, coffee, tobacco or other articles of luxury or indulgence except, however, that the board may approve use of sugar and coffee by convicts actively employed at productive labor
- Execute prisoners when death penalty is sentenced
- As custodian of public property, at the seat of government keep the Capitol Building and public grounds and commons adjoining all movable property belonging to the Nation that is not in the charge of other officers
- Keep the capitol, the furniture, and other property therein, the public grounds and commons in a proper state of cleanliness and repair and responsible for the safe keeping and preservation of the same
- Make improvement and repairs
- Responsible for keys and fastenings of the exterior doors of the capitol and all rooms not occupied
- Unlock and open the exterior doors of the capitol during council sessions and the sitting of the supreme court daily
- Keep the capitol rooms clean and properly ventilated during sessions and supreme court sittings, well warmed and supplied with pure water, cause to be prosecuted every person found guilty or accused of stealing, taking, willfully destroying or defacing or in any manner trespassing upon any public property lawfully in his custody
- Wait upon, open and adjourn sessions of the supreme court and execute its mandates
- Wait upon and execute all council orders
- Provide all fuel, water, and fires for the supreme court room, offices of the executive, treasurer and auditor of accounts
- Assign an employee to constantly be in attendance during sessions of the senate and council to keep the rooms in proper condition and discharging any other duties of the high sheriff as custodian of the public property
- See that rooms of the capitol are put back in good condition
- All shutters securely fastened
- And believe it or not, the list continues...

Moving the Cherokee Capital (From the Muskogee Phoenix, October 27, 1894) "The project of moving the Cherokee capital from Tahlequah to Fort Gibson is likely to be brought before the coming session of council. Economy and convenience are both on the side on the argument for moving. The greatest hardships would be to those who have investments largely in Tahlequah, where their support is mainly drawn from having the capital located there."

As a side note, after the United States Government abandoned Fort Gibson, the ownership reverted to the Cherokee Nation. A town grew up, now called Fort Gibson, but was originally called the township of Keetowah. The Cherokee National Cemetery is located in Fort Gibson.