The Five Civilized Tribes in Oklahoma

This manuscript has been extracted from Congressional records relating to relief of specific individuals of the Five Civilized Tribes in Oklahoma. If one of your ancestors was rejected or added to the rolls of any of the five civilized tribes in Oklahoma, you should peruse the information here. It contains a lot of case work involving specific Native Americans and those that attempted to prove themselves as part of the five civilized tribes in Oklahoma.

Let’s first get done with the legalese so you understand what you are reading. As reported in the Reports of the Department of the Interior and Evidentiary Papers in support of S. 7625, a Bill for the Relief of Certain Members of the Five Civilized Tribes in Oklahoma, Sixty-second Congress, Third Session. Department of the Interior, United States. 1913, the Secretary of the Interior was authorized and directed to take several specific actions concerning the enrollment of individuals in the Five Civilized Tribes:

S. 7625 – Bullet Points

This is a bullet point summary of Act S. 7625. To read the whole thing, see the draft of proposed law.

1. Enrollment of Minors and Incompetent Individuals:

  • Add the names of minors alive on March 4, 1906, to the rolls if either parent is on the rolls or would have been entitled if alive at the necessary date.
  • Include Indians incarcerated, insane, or otherwise incompetent who were eligible for enrollment but did not have proper applications or proofs submitted in time.

2. Consideration of Late Claims:

  • The Secretary is to consider all claims for enrollment that were favorably decided by the commissioner to the Five Civilized Tribes but did not reach the Secretary in time for a decision by March 4, 1907.

3. Special Roll for Mississippi Choctaws:

  • Prepare a special roll for all persons identified as Mississippi Choctaws before March 4, 1907, and those entitled to such identification but did not relocate and settle in the Choctaw or Chickasaw Nation within the legally prescribed time.

4. Review of Citizenship Cases:

  • Review all citizenship cases in the tribes that were decided adversely to the claimants by January 1, 1907, or later, and add those entitled to enrollment to the rolls, excluding cases involving the transfer of names from the freedmen’s roll to the rolls of citizens by blood.

5. Review of Prevented Enrollments:

  • Review and determine the right to enrollment of persons found entitled by the commission to the Five Civilized Tribes or the United States courts in Indian Territory but were prevented from being enrolled by findings, judgments, or decrees of the Choctaw-Chickasaw citizenship court.

6. Enrollment of Previously Denied Applications:

  • Determine the enrollment rights of persons whose applications were denied under the act of May 31, 1900, due to a lack of tribal enrollment but who are shown by existing records to be otherwise entitled to enrollment due to Indian blood and residence.

Additional Information

Additionally, all persons enrolled on the final citizenship rolls of any of the Five Civilized Tribes under this act would share equally in the distribution of tribal property with those enrolled before March 4, 1907. Instead of land allotments, they would receive a sum of money equal to three times the land’s value they would have received. However, Mississippi Choctaws enrolled under the third provision would receive a fixed sum of $1,040. The funds and property of those enrolled under this act was subject to the same restrictions as those imposed on persons with similar status under existing law.

To execute the act, the Secretary of the Interior was directed to expedite the performance of duties under this act and allocates $60,000 from the Treasury to cover the associated expenses. The work had to be completed within one year from the passage of the act.

Finally, the shares in the tribal property of persons enrolled under this act were not liable for pre-existing debts or obligations. The Secretary was authorized to investigate claims by attorneys for services or moneys expended benefiting the enrollees, and allow reasonable fees based on quantum meruit. These fees were deducted from the enrollees’ entitlements and paid directly to the attorneys. The Secretary or his agents had the power to administer oaths and examine witnesses, with penalties for false testimony including forfeiture of property rights and potential legal proceedings.

Eligible Individuals of the Five Civilized Tribes in Oklahoma

Report of Assistant Secretary Adams

Dated April 22, 1912, and has exhibits accompanying report.

  1. Being draft of proposed law
    This is the actual draft of the proposed law. This act authorized the Secretary of the Interior to add eligible individuals to the rolls of the Five Civilized Tribes. It addressed minors with parents on the rolls as of March 4, 1906, Indians incarcerated or incompetent, and claims not timely decided by March 4, 1907. It included Mississippi Choctaws identified before March 4, 1907, and reviewed adverse decisions made after January 1, 1907. The act ensured equal distribution of tribal property to those enrolled, allocating funds instead of land allotments, and appropriated $60,000 for the execution of these tasks, to be completed within one year.
  2. Directions issued February 9, 1907, to affirm pro forma all decisions and findings of commission
    To provide information requested by the Committee on Indian Affairs regarding the omission of certain individuals from the rolls of the Five Civilized Tribes approved by the Secretary of the Interior.

Report of Commissioner J. George Wright

The Report of Commissioner J. George Wright was dated November 15, 1907. It contains a list of claimants who were found to be entitled to be enrolled, but who were not enrolled as result of mistake by Government officers.

  • Cherokee
    The document discusses the enrollment cases of individuals who were entitled to be listed as citizens of the Cherokee Tribe but were omitted due to various reasons, including government oversight. Cherokees by Blood: Jennie Cloud, Joe Kingfisher, case No. 7713; Viola Grazier, case No. 4079; Maggie Beamer, case No. 9365; Jim Wolfe, case No. 10991; Eli Springwater, case No. Memo. 200; Alta May Brassfield, case No. 6415. Cherokee Freedmen by Birth: Lucy Scott, case No. 542.
  • Creek
    The document discusses the enrollment cases of individuals who were entitled to be listed as citizens of the Creek Tribe but were omitted due to various reasons, including government oversight. Creeks by Blood: Chimhoker Mully, Mitchely Mully, Barney Mully, Simon Mully, case No. I-3172; Sallie Foster, Creek NB.. No. 370. Robert Bullocks, Creek Freedmen Newborn.
  • Mississippi Choctaw
    List of persons whose names appear on Identification Roll of Mississippi Choctaws prepared by the Commission to the Five Civilized Tribes, and approved by the Secretary of the Interior under the provisions of the Act of June 28, 1898 (30 Stat. L.,495) but who were not enrolled on the final rolls of the Mississippi Choctaws entitled to allotments in the Choctaw Nation under the provisions of the Act of July 1, 1902 (32 Stat. L.,641).
  • Choctaw and Chickasaw
    The document discusses the enrollment cases of individuals who were entitled to be listed as citizens of the Choctaw and Chickasaw Tribes but were omitted due to various reasons, including government oversight. Choctaw by Blood: Mary King; Chickasaw by Blood: Ecius Shields, Barney Shields; Choctaw Freedmen: Gilbert McKinney, Lena Dunford, Della Chester, Martha Ann Owens, Henry Owens, Sephus Liggins, Roberta Liggins.
  • Choctaw Freedmen Newborn
    The document discusses the enrollment cases of individuals who were entitled to be listed as citizens of the Choctaw Tribe but were omitted due to various reasons, including government oversight. Choctaw Freedmen Newborn: Si Johnson, Charley Johnson, Emerson James, Carl Harrison, Brillie Harrison, Ida Bird, Estoria Hall, Andy Butler, Georgan Butler, Hattie Burris, Isaac Burris, John Burris.

Report of Assistant Secretary Adams
The document is a report from the Department of the Interior, dated July 17, 1912, addressed to Hon. John H. Stephens, Chairman of the Committee on Indian Affairs. It discusses H.R. 22334, a bill concerning the enrollment of certain persons omitted from the final rolls of the Five Civilized Tribes by March 4, 1907. The report details three classes of persons with claims to enrollment, references previous reports by the department, and comments on sections of the bill related to the sale of unallotted lands and the distribution of tribal funds. It is signed by First Assistant Secretary Samuel Adams and approved by Secretary Walter L. Fisher.

Report of Assistant Secretary Adams
This letter from the Department of the Interior, dated July 2, 1912, to Hon. John H. Stephens, discusses H.R. 19123, a bill proposing to reopen the rolls of the Choctaw-Chickasaw Tribe and address rights from the 1830 treaty of Dancing Rabbit Creek. It outlines the history and challenges of the Mississippi Choctaws’ claims, emphasizing difficulties in proving lineage and compliance with the treaty. The letter critiques the feasibility of the bill’s provisions, particularly the extensive evidence required and the unrealistic timeline for re-investigating claims, and recommends against its enactment. The document is signed by First Assistant Secretary Samuel Adams.

Letter of Secretary E. A. Hitchcock
This letter from the Department of the Interior, dated March 17, 1903, addresses the eligibility of half-blood children of identified full-blood Mississippi Choctaws for enrollment. The Commission to the Five Civilized Tribes had previously opined that only full-blood individuals or those proving compliance with the 1830 treaty should be enrolled. However, the letter argues that descendants of identified full-blood Choctaws, regardless of mixed ancestry, should be entitled to the same rights. It concludes that excluding mixed-blood children of full-blood Choctaws would contradict the intent of the legislation. The letter is signed by E. A. Hitchcock.

Report of W. C. Pollock
This document is a report by W. C. Pollock, dated January 15, 1912, concerning the enrollment of citizens and freedmen of the Five Civilized Tribes. Pollock was tasked with investigating claims that eligible individuals were omitted from the final rolls. The report, addressed to the Secretary of the Interior, outlines the methods used to identify such individuals, including collaboration with the Commissioner to the Five Civilized Tribes, field investigations, and examinations of relevant records. It highlights the challenges and findings, listing those who might have been wrongly excluded, and suggests provisions for adding omitted names to the rolls.

  • List 1
    List of Seminoles whose names were omitted from final rolls because no application was made or by reason of mistake or oversight. Shows the names of 8 persons, all children, living March 4. 1905, the date fixed by the act approved March 3, 1905 (33 Stat. 1048, 1071), authorizing the enrollment of Seminole children.
  • List 2
    List of Creeks and Creek Freedmen, whose names were omitted from final rolls because no application was made or by reason of mistake or oversight. Shows the names of 62 persons of Creek blood and of 2 Creek freedmen all of whom except 10 are minors. Since the approved rolls of Creek citizens by blood contain 11,967 names, and the rolls of Creek freedmen contain 6,837 names, it is seen that the percentage of omissions is remarkably small.
  • List 3
    List of Cherokees and Cherokee Freedmen whose names were omitted from final rolls because no application was made or by reason of mistake or oversight. Shows the names of 125 Cherokees by blood and 2 Cherokee freedmen all except 5 being minors, and most of them less than 4 years of age March 4, 1906.
  • List 4
    List of Chickasaws whose names were omitted from final rolls because no application was made or by reason of mistake or oversight. Shows the names of 8 persons of Chickasaw blood and 1 freedman, all except 1 being minors. The rolls of the Chickasaws by blood contain 5,908 names, and the roll of Chickasaw freedmen contains 4,853 names. The percentage of omissions is exceedingly small, and in fact negligible.
  • List 5
    List of Choctaws and Mississippi Choctaws whose names were omitted from final rolls because no application was made or by reason of mistake or oversight. Shows the names of 22 Choctaws by blood, of 5 Mississippi Choctaws and 1 intermarried Choctaw. The approved rolls contain the names of 18,766 persons enrolled as citizens by blood. 1,643 persons enrolled as Mississippi Choctaws, and 1,672 enrolled as citizens by intermarriage. The percentage of omissions in each of these classes is very small, and in fact negligible.
  • List 6
    List of Choctaw Freedmen whose names were omitted from final rolls because no application was made or by. reason of mistake or oversight. Shows the names of 281 persons, all minors except 4. The approved roll of minor Choctaw freedmen contains 473 names. The large percentage of omissions in this class is explained elsewhere. It is quite probable that there are others of this class whose claims have not yet been presented or disclosed.

Letter of Dixon H. Bynum, dated Jan. 27, 1911, relative to Indians in penal or eleemosynary institutions not enrolled

Report of Secretary Ballinger, dated Feb. 12, 1910, relative to enrollment matters

Report of J. George Wright, commissioner, on bill proposing to extend provisions of act of Feb. 6, 1901, to Choctaws and Chickasaws

Report of Joseph W. Howell, dated Mar. 3, 1909

Conditions in Indian Territory Prior to the Making of the Rolls.

Political and Social Conditions which Followed Removal to the Indian Territory and Subsequent Effect of same upon Citizenship Matters

Acts of Congress and Agreements with the Various Tribes under which the Work of Enrollment was Prosecuted

Why the Acts of Congress Failed to Accomplish the Purpose for Which they were Intended

Conditions which Arose During the Course of the Enrollment Work, Obtained at Its Close
How the work was apportioned, and the law administered by the Department of the Interior. Condition of the tribal rolls used by the Commission and Commissioner to the Five Civilized Tribes in preparing the final roll. List of Choctaw, Chickasaw, Choctaw-Chickasaw, Cherokee, and Creek Rolls. Unproved decrees and judgments of the United States court upon which the Commission to the Fire Civilized Tribes based its decisions and reports in Cherokee and in Creek Citizenship cases. Census cord records in the office of the Commissioner to the Fire Civilized Tribes.

Statistics Gathered from the Records of the Commission of the Five Civilized Tribes
Choctaw and Chickasaw cases; Choctaw freedmen; Chickasaw freedmen; Mississippi Choctaws; Percentage of rejected Choctaw cases in which the heads of families claimed one-quarter or more Choctaw Blood; Percentage of Mississippi Choctaw cases involving persons of mixed blood; Practice of the Dawes Commission respecting applications for enrollment; Field investigation in the 15 district Indian agencies in eastern Oklahoma; Classes of cases meriting further consideration on equitable grounds.

Slavery in the Choctaw and Chickasaw Nations

Identified Mississippi Choctaws who were not finally enrolled

Identified Mississippi Choctaws who were not finally enrolled because they failed to furnish proof of removal to and settlement in the Choctaw-Chickasaw country

Action Which Should Be Taken To Complete Unfinished Work. To Correct Obvious Errors, And To Adjust Inequalities.

Exhibit A

Memorandum of Causes Resulting in Unfinished Conditions

Affidavit of W. J. Thompson

Exhibit B

Field Notes on Recently Discovered Roll of 1874, Exhibit B

Exhibit C

Schedule of Books, Papers and Records of the Choctaw Nation, Exhibit C

Exhibit D

Data Relative to the Rolls of the Choctaw and Chickasaw Nations, Exhibit D

Exhibit E

Rolls Relating to Citizens of the Cherokee Nation, Exhibit E

Exhibit F – List of Persons Who claim to be Entitled to Enrollment

List of Persons Who claim to be Entitled to Enrollment

Exhibit G

Under separate binding, not in this book

Exhibit H and I

Letters of Interest

Exhibit J

Letter of Tams Bixby

List of 729 claimants included in Howell report, not enrolled, whose cases are meritorious (same as List of Persons who claim to be entitled to Enrollment, listed above,)

List of claims submitted by attorneys

Facts Covering Meritorious Cases

Class 1

Class 2

Class 6

Minor children of enrolled Indians whose names were omitted from the final roll

Class 7

Half Indian blood or more and incompetent to look after their own interests.

  • Rosana Burton and Raymond Purdy
  • Frazina Babstist, Acus Babstist, and Reener Gardner
  • Joe Babstist. Louisa Babstist, Mattina Babstist, Sam Babstist, and Johnie Babstist
  • Stella Brasetta
  • Reno Gardner
  • Annie Jesse
  • Earnest Jesse, Winston Jesse, Willie Jesse. George Jesse. Phillistine Jesse, and Elissa Jesse
  • Henry Fields. Albert Fields, and Hampton Fields
  • Ann Booker, Claude Sanders, Rufus Sanders, Hollis Sanders, and Ray Sanders
  • Nazile Barnes and Richard Barnes
  • James Farve, Henry Farve, and Earnest Fayard
  • Charlie Farve and Andrew Farve
  • Annie Huff, Bennie Reed, Effie Reed. Pearley Reed, and Nareta Robins
  • Albert Reece. Mack Reece, Annier Reece, Harry Reece, and Charlie Reece
  • Jim Gowins, Nannie Gowins, Harry Gowins, Ellen Gowins, Hattie Gowins, Husie Gowins, Birder Gowins, James Gowins, Minnie Gowins, Francis Gowins, Roosevelt Gowins, and Maggie Gowins
  • Alexander Dick, Zeno Dick, Leeper Dick
  • Sallie Jackson

Class 8

Claimants enrolled as freedmen, should be placed upon the final roll by blood.

Topics:
Cherokee, Chickasaw, Choctaw, Creek, History, Seminole,

Collection:
United States Congress. Five Civilized Tribes In Oklahoma, Reports of the Department of the Interior and Evidentiary Papers in support of S. 7625, a Bill for the Relief of Certain Members of the Five Civilized Tribes in Oklahoma, Sixty-second Congress, Third Session. Department of the Interior, United States. 1913.

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Discover more from Access Genealogy

Subscribe now to keep reading and get access to the full archive.

Continue reading