This claim details the extensive legal journey of Angus A. Spring and his family in their quest for recognition as citizens by blood of the Choctaw Nation. Initially listed on the Choctaw tribal roll in 1896, their application faced multiple rejections and appeals. The family’s legal battle spanned over a decade, involving various courts and commissions, and highlighted the complexities of citizenship claims within the Choctaw Nation. Despite favorable judgments, their status was repeatedly challenged, culminating in a final denial of enrollment by the citizenship court in 1904.
A. A. Spring Et Al., Choctaws By Blood
The Choctaw tribal roll of 1896 shows:
No. 11801, Angus A. Spring, by blood; No. 15083, Dora Spring, by marriage, No. 11802, Cloteal Spring, by blood; No. 11803, Edith Spring, by blood; No.11804, Earl Spring, by blood; No. 11805, Bernice Spring, by blood; No. 11806, Letrice Spring, by blood, as citizens of the Choctaw Nation.
Above enrollment was by the Choctaw revisory board in January 1897.
1886-7. Spring applied to the Choctaw council for admission to citizenship; said application was referred to the committee, which reported it favorably, but no action was taken by the council on said report.
September 9, 1896. Original application made to the Commission to the Five Civilized Tribes for admission as citizens by blood of the Choctaw Nation.
December 8, 1896. Application rejected by the commission. No decision. Marked “Denied.” Appeal taken to the United States court for the central district of the Indian Territory.
June 22, 1897-July 15, 1897. Judgment of United States court admitting applicants to citizenship in the Choctaw Nation.
December 17, 1902. Judgments of United States court annulled by decree of citizenship court in test case.
March 6, 1903. Record filed in citizenship court for trial de novo.
November 28, 1904. Decree of citizenship court denying applicants enrollment.
February 6, 1906. Petition filed for the enrollment of applicants as citizens of the Choctaw Nation on the ground that they had been duly enrolled by the board of census commissioners of the Choctaw Nation appointed under the act of the Choctaw council of 1896, and therefore neither the commission in 1896. or United States court on appeal, or citizenship court, had any jurisdiction to deny them enrollment as citizens. This petition was filed and considered under the ruling of the department in the Lula West case, which established their right to enrollment.
February 15,1907. Decision of the Commissioner to the Five Civilized Tribes that the applicants should be enrolled as citizens of the Choctaw Nation, and their names placed upon schedule for approval by Secretary. (See “Exhibit A.”)
February 19, 1907. Opinion of Attorney General, which was construed by the department as holding that the decisions of the citizenship court were final.
March 1, 1907. Department reversed commissioner’s decision of February 15, 1907, and disapproved schedule containing names of applicants.
April 5, 1909. Report containing all the facts in this case made by commissioner to Secretary.
Attached hereto are the following exhibits:
- Certificate of Solomon J. Homer, national secretary Choctaw Nation, of enrollment of claimants. (Exhibit B.)
- Certificates of Green McCurtain. principal chief, Choctaw Nation, certifying claimants are enrolled members Choctaw Nation. (Exhibit C.)
- Appointment A. A. Spring Choctaw school trustee. (Exhibit D.)
- Designation of Edith Spring as pupil. Choctaw School, Tuskahoma Institute. (Exhibit E.)
Respectfully submitted.
Walter S. Tuld, Attorney for Claimants.
Exhibit A
Muskogee, Ind. T., February 15. 1907
A. A. Spring. Ryan, Intl. T.
Dear Sir: Enclosed herewith you will find a copy of the decision of the Commissioner to the Five Civilized Tribes, rendered February 15, 1907. granting the application for the enrollment of Angus A. Spring. Cloteal Spring, Edith Spring. Earl Spring, Bernice Spring, and Letrice Spring as citizens by blood of the Choctaw Nation and for the enrollment of Dora Spring is a citizen by intermarriage of said nation.
You are hereby advised that the names of Angus A. Spring. Cloteal Spring. Edith Spring, Earl Spring. Bernice Spring, and Letrice Spring will be placed upon the next schedule of citizens by blood of the Choctaw Nation and the name of Dora Spring will be placed upon the next schedule of citizens by intermarriage of said nation.
Respectfully, Tams Bixby. Commissioner.
This is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw. Chickasaw. Cherokee, Creek, and Seminole Tribes of Indians and the disposition of the land of said tribes, and that the above and foregoing is a true and correct copy of letter from Commissioner Tarns Bixby to A. A. Spring, dated February 15, 1907.
J. Geo. Wright,
Commissioner to the Five Civilized Tribes
By W. H. Angell, Clerk.
Department Of The Interior,
Commissioner To The Five Civilized Tribes.
In the matter of the application for the enrollment of Angus A. Spring et al. as citizens of the Choctaw Nation.
Decision
It appears from the census-card record in this case that, on August 18, 1890 application was made to the Commission to the Five Civilized Tribes, by Angus A. Spring, for the enrollment of himself and his five minor children, Cloteal, Edith, Earl, Bernice and Letrice Spring, as citizens by blood of the Choctaw Nation, and for the enrollment of his wife, Dora Spring, as a citizen by intermarriage of said nation.
It appears from the records of the Commission to the Five Civilized Tribes that, on September 9, 1896. in the case entitled “A. A. Spring et al. v. Choctaw Nation” (1896 Choctaw citizenship docket, case No. 1383), original application was made to said commission under the provisions of the act of Congress approved June 10, 1896 (29 Stats.. 321), for the admission to citizenship in the Choctaw Nation of A. A. Spring, Cloteal Spring, Edith Spring, Earl Spring, Bernice Spring, and Letrice Spring ns citizens by blood of said nation, and that, on December 8, 1896, said commission rendered its decision therein denying said application.
From this decision an appeal was taken to the United States court for the central district of Indian Territory, which court, on June 22, 1897, and July 15, 1897. rendered Judgments admitting A. A. Spring, Cloteal Spring. Edith Spring, Earl Spring, Bernice Spring, and Letrice Spring as citizens by blood of the Choctaw Nation, and Dora Spring, wife of A. A. Spring, as a citizen by intermarriage of said nation. Dora Spring, however, was not an applicant before the Commission to the Five Civilized Tribes in 1890.
December 17, 1902, the Choctaw and Chickasaw citizenship court, created under the provisions of the act of Congress approved July 1. 1902 (32 Stats., 641). “set aside, annulled, vacated, and held for naught” the aforesaid Judgments of the United States court for the central district of the Indian Territory.
Said cause was subsequently certified to said Choctaw and Chickasaw citizenship court for a trial de novo, and on November 28. 1904, in the case entitled “A. A. Spring et al. v. Choctaw and Chickasaws Nations” (Choctaw-Chickasaw citizenship court case. No. 20, McAlester docket), rendered its decision therein, wherein it was “ordered, adjudged, and decreed that the petition of the plaintiffs. A. A. Spring, Dora Spring, Cloteal Spring, Edith Spring (or Edeith Spring), Earl Spring, Bernice Spring, Letrice Spring (or Letrie Spring) be denied, and that they be declared not citizens of the Choctaw Nation, and not entitled to enrollment as such citizens, and not entitled to any rights whatever flowing there from.”
Under the regulations adopted by the Commissioner to the Five Civilized Tribes January 2, 1906, there was filed on February 2, 1906, by Cruce. Truce & Bleakmore, attorneys at law, Ardmore, Ind. T. a petition praying for the enrollment of A. A. Spring. Dora Spring, Cloteal Spring, Edith Spring, Earl Spring, Burnice Spring, and Letrice Spring as citizens of the Choctaw Nation, it being alleged therein that said applicants “were duly enrolled as members of the Choctaw Nation by the board of census commissioners for the Choctaw Nation, appointed in accordance with an act of the general council of said nation in the year 1896.” Said petitioners are identical with the persons for whom application had been made for enrollment ns citizens of the Choctaw Nation under the provisions of the act of Congress approved June 28, 1896 (30 Stats. 495)
The applicants, Cloteal, Edith, Earl, Bernice, and Letrice Spring, are the children of the applicants. Angus A. Spring and Dora Spring. Dora Spring claims her right to enrollment as a citizen by intermarriage of the Choctaw Nation by virtue of her marriage on November 15, 1877, to Angus A. Spring, both of said persons at the time of said marriage being residents of the State of Louisiana.
Upon an examination of the tribal rolls of the Choctaw Nation in the possession of this office it appears that the applicants. Angus A. Spring. Dora Spring. Cloteal Spring, Edith Spring, Earl Spring, Bernice Spring, and Letrice Spring, are identified upon the 1896 Choctaw census roll opposite Nos.11801,15083, 11802, 11803, 11804, 11805, 11806, respectively, as citizens of the Chickasaws Nation, their names having been placed thereon by the Choctaw revisory board in January 1891.
On the appearance of the principal applicant, Angus A. Spring, before this office on January 14, 1907, he testified that he was 48 years of age and was born in the State of Louisiana: that he removed to the Indian Territory in 1882, and that in 1886 or 1887 he made application to the Choctaw council for admission to citizenship in the Choctaw Nation; that said petition was referred to a committee which reported the same favorably, but that no action was ever taken by the Choctaw council thereon; that he was the son of John S. Spring, a Choctaw by blood, who died in 1905 at the age of 71 or 72 years, and Drusilla Spring, a white woman; that John S. Spring was the son of William Spring and Mary Franklin, quarter-blood Choctaws, who, he had been informed, originally resided in the State of Mississippi; that Mary Franklin was the daughter of Henry Franklin, a one-half blood Choctaw; and that said Henry Franklin was the son of Thomas Jefferson Franklin, a full-blood Choctaw Indian.
All of the applicants herein were residents in, good faith of the Indian Territory on June 28. 1898.
I am of the opinion that following the ruling of the department in the case of William C. Thompson et al. (I. T. D. 4242-1906) the action of the Commission to the Five Civilized Tribes in 1896, and the subsequent action of the Choctaw and Chickasaw citizenship court, was without authority of law, and of no force or effect upon the status of the applicants; that Angus A. Spring, Cloteal Spring, Edith Spring, Earl Spring, Bernice Spring, and Letrice Spring should be enrolled as citizens by blood of the Choctaw Nation and that Dora Spring should be enrolled as a citizen by intermarriage of said nation under the provisions of the acts of Congress approved June 28, 1898 1, and July 1, 1902 2, and it is so ordered.
Tams Bixby. Commissioner.
Muskogee, Ind. T., February 15, 1901.
This is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes of Indians, and the disposition of the land of said tribes, and that, the above and foregoing is a true and correct copy of decision in the matter of the application for the enrollment of Angus A. Spring et al. as citizens of the Choctaw Nation.
J. Geo. Wright.
Commissioner to the Five Civilized Tribes
By W. H. Angell, Clerk.
Exhibit B
A. A. Spring, age 38 years.
Dora Spring, age 34 years.
Cloteal Spring, age 15 years.
Edith Spring, age 13 years.
Earl Spring, age 11 years.
Bernice Spring, age 9 years.
Letrice Spring, age 2 years.
This is to certify that the above names are properly enrolled by the chief commissioners at Tuskahoma on the legal citizenship roll of the Choctaw Nation.
This the 10th day of January 1897.
A. H. Durant. Chairman.
This Is to certify that A. R. Durant is the duly appointed chairman of the board of census commissioners, appointed under an act of the general council passed at the regular session thereof in 1896, for the purpose of enrolling citizens of the Choctaw Nation.
Given under my hand and the seal of the Choctaw Nation this 23d day of January. 1807.
[SEAL.] SOLOMAN J. HOMER,
National Secretary, Choctaw Nation.
Exhibit C
Choctaw Nation, Indian Territory:
I. Green McCurtain. principal chief of the Choctaw Nation, do hereby certify that I am custodian of the revised rolls of the members of the Choctaw Nation, compiled in pursuance of an act of the Choctaw council approved October 1896 and that on the book of said rolls containing the names of the citizens of the Choctaw Nation by blood, on page 305, the name of A. A. Spring, age 38 years; Cloteal Spring, age 15 years; Edith Spring, age 13 years; Earl Spring, age 11 years; Bernice A. Spring, age 9 years; Letrice Spring, age 2 years, residing In the Chickasaw district, appear as members by blood of the Choctaw Nation.
Witness my hand and seal this the 19th day of June. 1897.
[SEAL.] Green McCurtain,
Principal Chief of the Choctaw Nation.
Wallace Bond
Private Secretary
Choctaw Nation, Indian Territory:
I Green McCurtain principal chief of the Choctaw Nation, do hereby certify that I am custodian of the revised rolls of the members of the Choctaw Nation compiled In pursuance of an act of the Choctaw council approved October, 1890. and that on the book of said rolls containing the names of the citizens of the Choctaw Nation by intermarriage, on page 400, the name of Dora Spring, age 36 years, residing in the Chickasaws district, appears as member by intermarriage of the Choctaw Nation.
Witness my hand and seal this the 19th day of June. 1897.
[seal.] Green McCurtain.
Principal Chief of the Choctaw Nation.
Wallace Bond,
Private Secretary
Exhibit D
Office of Trustee of the Third District,
Choctaw Nation.
To whom it may concern:
Reposing special trust and confidence in the ability and integrity of A. A. Spring. I hereby designate and appoint him local trustee of Durant College, neighborhood school, situated in Blue County, in the third district, Choctaw Nation. Therefore he, the said A. A. Spring, is hereby authorized to employ a teacher, licensed by the proper authority, for said school, and to make true report of the attendance at said school monthly to this office, and is required to visit his school once in each month.
Given under my hand and seal of office this, the 22d day of August, 1898.
[SEAL.] B. S. Smiser,
Trustee Third District, Choctaw Nation.
Exhibit E
Goodland, Ind. T., September 6, 1899.
Miss Edith Spring, Durant, Ind. T.
Edith Spring: You have been selected to attend Tuskahoma Institute. Please report at said school at once, presenting this card to the superintendent. School opened September 4, 1899.
S. B. Spring, Trustee No. 3 District.
Chickasaw Nation, Ind. T., County of Pickens:
I, A. J. Lewis, clerk of the county court of Pickens County, Chickasaw Nation, Ind. T., do hereby certify that the foregoing original rent contract between A. A. Spring and Jim Gardner is duly on file in my office.
Given under my hand and seal of office, this 7th day of March 1892.
A. J. Lewis, County Clerk, Pickens County, Chickasaw Nation.
Chickasaw Nation, Ind. T., County of Pickens:
I, A. J. Lewis, clerk of the county court of Pickens County, Chickasaw Nation. Ind. T., do hereby certify that the foregoing original rent contract between A. A. Spring and H. J. Pool is duly on file in my office.
Given under my hand and seal of office, this 7th day of March, 1892.
[seal.] A. J. Lewis,
County Clerk, Pickens County, Chickasaw Nation.
Office of Collector of Permits,
Pickens County, Chickasaw Nation.
This is to certify that J. H. Neely has complied with the late permit law, and is registered accordingly as being under employ of A. A. Spring for 12 months from January 1, 1894, as a farmer.
H. H. McLane,
Permit Collector.
$5.00.
A. A. Spring, age 38. male.
Cloteal Spring, age 15. female.
Edith Spring, age 13, female.
Earl Spring, age 11, male.
Letrice Spring, age 2, female.
Bernice Spring, age 9, female.
This is to certify that the above names were enrolled on the legal citizenship of the Choctaw Nation (p. 53) by the chief commissioner’s board at Tuskahoma, January 14, 1897.
Davis A. Homes, Secretary.
Citations: