John P. Holder Et Al., Chickasaw. Dawes Commission, No. 62. United States Court, No. 77. Citizenship Court, No. 42-T.
Record
September 10, 1896. Application made to commission for enrollment of John P. Holder and 115 others, all claiming to be lineal descendants of Elizabeth Stewart, a Chickasaw Indian woman, and Bledsoe Holder, who intermarried in the old Chickasaw Nation, Miss., and removed to the Chickasaw Nation, Ind. T., with his family about 1849, stopping for several years in Missouri en route. William L., Jackson A. and Benton A. Holder, children of Elizabeth and Bledsoe Holder, and their children, grandchildren, and great-grandchildren are claimants herein, as are also the descendants of Benjamin Stewart, brother of Mrs. Bledsoe Holder, and himself a Chickasaw. The names of claimants will appear hereafter.
The proof of descent and blood of the applicants is clear. From about 1849 to about 1890 claimants lived part of the time in Texas and part of the time in the Choctaw and Chickasaw Nations; a majority of claimants resided in the nations in 1885, and 91 of those who made application to the commission were residents in good faith in 1896. Claimants were recognized as Chickasaws by the members of the tribe and exercised all the rights of citizens of said nation. It appears from the record that in 1892 Judge Carter (father of Congressman Carter) applied to the Chickasaw citizenship committee, appointed under the act of the legislature approved November 14, 1889, for the admission of these, claimants; that a favorable report was made on said applications to the council, but that no action was taken thereon by the council by reason of an opinion of the attorney general of the Chickasaw Nation holding the committee to have been unconstitutionally appointed by reason of the fact that two of the members thereof were members of the council, and therefore not eligible to serve as members of the committee. All cases acted upon by this committee were rejected by the council under the opinion of the attorney general. See more specific reference to work of this committee in the case of Henry Brown et al., Chickasaw claimants.
December 1, 1896. Applications of all claimants denied by commission.
January 28, 1897. Case appealed to United States court. Ardmore, and case considered on evidence before commission and additional testimony taken and recorded before master attorneys for nations present and examined witnesses.
An unsigned copy of the master’s report in the files of the case is as follows:
In the United States court, southern district, Indian Territory.
Jno. P. Holder et al. v. Chickasaw Nation.
On this the 10th day of March, 1898, came on to be heard before me the undersigned master in chancery the application of John P. Holder et al., for admission to citizenship in the Chickasaw Nation, and after hearing the evidence and duly considering the evidence in support thereof, I am of the opinion that the applicants hereafter named are entitled to be enrolled as citizens of the Chickasaw Nation.
It appears from the evidence in the case that the applicants are the descendants of Elizabeth Colbert, a Chickasaw Indian by blood, who married a man by the name of George Stewart: that the said Elizabeth Colbert, and George Stewart had a daughter by the name of Elizabeth Stewart, through whom these applicants claim that said Elizabeth Stewart married a white man by the name of Bledsoe Holder: that said Bledsoe Holder and Elizabeth Stewart had a number of children, among them being William L. Holder, Jackson A. Holder, and Burton A. Holder; that, the said Bledsoe Holder and wife lived In the old Chickasaw Reservation in the State of Mississippi: that they moved with other Indians to the Indian Territory, but stopped with their children in southwest Missouri and resided there about 20 years: that they afterwards came into the Indian Territory, and finally drifted to the northern border of Texas, and remained there a number of years. It appears from the evidence that the said Bledsoe Holder and Elizabeth Holder and their descendants, who are concerned in this application, at all times claimed to be citizens of the Chickasaw Nation, and that they lived in and about the Chiekasaw Nation from time to time ever since they came west of the Mississippi River, and that they in fact have Chickasaw blood in their veins.
I find, therefore, that the following descendants of the above-named parties are entitled to be enrolled as citizens of the Chickasaw Nation:
John P. Holder, Rosebud Holder, George Holder, John Holder, Minnie B. Holder, Martha S. Holder, Marcia Holder, and Colbert Holder.
Benjamin G. Holder.
Elizabeth Looney, Burton Looney, Frankie R. Looney, William Walter Looney, Thomas Jefferson Looney, F. E. Looney, Alex. Looney, Guy Looney, Roy Looney, Ora Looney and Cora Looney.
Milton E. Holder, Rebecca Holder, Thomas D. Holder, Calvin E. Holder, Harry L. Holder, Clarie Holder, Frank S. Holder, Julia Holder, Ida Holder Ford, Julietta May Ford, Gracie Ford, George W. Holder, Almorine A. Holder, and Arlie Holder, Racheal A. Young, William J. Young, Mary A. Walls, Agnes Walls, Frank Walls, and Mary E. Walls, Minta Fitch, William Fitch, William T. Young and Albert Young.
Isaac B. Holder. Dennis Holder, Evans E. Holder, Roy R. Holder, Oliver R. Holder.
Mary Louisa Little.
Jackson A. Holder, Lucinda Holder, Larrie Victoria Martinus, Joseph Martinus, Josephine Martinus, Charles Martinus, Reuben Argile Holder, Theodocia Belle Hedges, Little Hedges, Everett Lee Hedges, Nora Ivy Hedges, Ellen Elizabeth Redenour, George J. Redenour, Calvin Alton Holder, Lucinda Emeline Adams, Lynn Argile Cobb, Emmet Laton Adams.
William Holder, Robert Holder, Albert Holder, R. Dud Holder, Myrtle Holder, Maggie Lenore Holder, Nettie Hedges, Pearl Coke, Harvey Coke, Boss Holder. Elva Holder, Minnie Worbus, Bertha Worbus, John A. Looney, Ben M. Looney, Henneger Looney, and Leona Looney, Burton A. Holder, Monroe Holder, William Holder, Alex B. Holder, Lemuel Holder, Mattie Holder, Cecil Holder, Willie L. Holder, Racheal Holder Campbell, Zollie Barnes, Thomas L. Padgett, F. P. Henry, Jessie Floyd Henry, and Myrtle Golden Henry.
I therefore recommend that the above-named applicants be admitted to citizenship in the Chickasaw Nation.
______ _________
Master in Chancery
March 15, 1898. Judgment was entered confirming the master’s report (certified copy of judgment hereto attached).
The above decree admitted 93 of the 116 claimants, and rejected the claims of 23.
March 15, 1898. Case appealed to United States Supreme Court.
August 6, 1899. Mandate of United States Supreme Court transmitted, directing decree of lower court to be enforced. Decision of court reported in 174 United States.
December 17, 1902. Decree of United States court vacated by decree of Choctaw-Chickasaw citizenship court in “test case.”
March 9, 1903. Case and all records and papers transferred to citizenship court.
May 30, 1804. Attorney Ledbetter for claimants moved the court to dismiss the cases of all claimants except George W. Holder, who claims both as a blood and intermarried citizen. Motion denied. No additional testimony offered. Case considered on record before commission and United States court. No opinion in record.
June 29. 1904. Decree entered stating case was considered on “the law and the evidence,” denying all claimants.
Applications were also made to the commission, within the time prescribed by law for the enrollment of the following persons, whose names do not appear in the judgment of the United States court, but who are children and grand children of those thus admitted: Mary Holder, Ollie Holder, J. Gould Holder, Lois Looney, Anna Lee Looney, Abbie Holder, Autry Holder, Alpha Holder, Allen Holder, Nellie Holder, Ester Holder, Luster Holder, Jewel Francis Holder, Frank Ford, Clarence R. Ford, Doyle Lee Looney, Agnes L. Holder, Viola Neta Holder, Bessie Elizabeth Holder, Deta Theresa Holder, Frank E. Hedges, Lawrence A. Hedges, Erne May Hedges, Earnest Jackson Turpen, Ernest Walls, Lemy Chester Walls, Vertie May Walls, John Almorine Holder, Alvin Holder, William Franklin Holder, Lawson Bledsoe Young, James Young, Robert Lee Young, Gertie Fitch, Minnie Madill Fitch, Mary Fitch, Ceacle Marion Looney, Ivy Lolita Looney, William Alexander Hawk, Eva Louise Looney, Jessie C. Adams, Otis T. Adams, Owen T. Adams, Viola Jane Adams, Myrtle Bell Adams.
Statement By Counsel For Claimants
Counsel for claimants submit that as there is no evidence in the record of this case offered by the nations, that it must be conceded that claimants are what the record shows them to be. Chickasaw Indians by blood and residents of the nation long before 1896 that those found to be entitled to enrollment by the United States court, which decree was affirmed by the Supreme Court of the United States, should be enrolled, as well as the minor children for whom application was duly made to the commission within the time prescribed by law. The claimants thus entitled are: John P. Holder, Rosebud Holder, George Holder, John Holder, Minnie B. Holder, Martha S. Holder, Marcia Holder, Colbert Holder, Benjamin F. Holder, Elizabeth Looney, Burton Looney, Frankie R. Looney, William Walter Looney, Thomas Jefferson Looney, F. E. Looney, Alexander Looney, Guy Looney, Roy Looney, Ora Looney, Cora Looney, Milton E. Holder, Rebecca Holder, Thomas D. Holder, Calvin E. Holder, Harry L. Holder, Clarie Holder, Frank S. Holder, Julia Holder, Ida Holder Ford, Julietta May Ford, Gracie Ford, George W. Holder, Almorine A. Holder, Arlie Holder, Rachael A. Young, William J. Young, Mary A. Walls, Agnes Walls, Frank Walls, Mary E. Walls, Minta Fitch, William Fitch, William T. Young, Albert Young, Isaac B. Holder, Dennis Holder, Evans E. Holder, Roy R. Holder, Oliver R. Holder, Mary Louisa Little, Jackson A. Holder, Lucinda Holder, Larrie Victoria Martinus, Joseph Martinus, Josephene Martinus, Charles Martinus, Reuben Argile Holder, Theodocia Belle Hedges, Lillie Hedges, Everett Lee Hedges, Nora Icy Hedges, Ellen Elizabeth Ridenour, George J. Ridenour, Calvin Alton Holder, Lucinda Emeline Adams, Lynn Argile Cobb, Emmett Laton Adams, William Holder, Robert Holder, Albert Holder, Dude Holder, Myrtle Holder, Maggie Lanore Holder, Nettie Hedge, Pearl Coke, Harvy Coke, Boss Holder, Elva Holder, Minnie Worbus, Bertha Worbus, John A. Looney, Ben M. Looney, Henneger Looney, Leona Looney, Burton A. Holder, Monroe Holder, William Holder, Alexander B. Holder, Lemuel Holder, Mattie Holder, Cecil Holder, Willie L. Holder, Rachael Holder Campbell, Zollie Barnes, Thomas L. Padgett, F. P. Henry, Jessie Floyd Henry, Myrtle Golden Henry, Mary Holder, Ollie Holder, J. Gould Holder, Lois Looney, Anna Lee Looney, Abbie Holder, Autry Holder, Alpha Holder, Allen Holder, Nellie Holder, Ester Holder, Luster Holder. Jewel Francis Holder, Frank Ford, Clarence R. Ford, Doyle Lee Looney, Agnes L. Holder, Viola Neta Holder, Bessie Elizabeth Holder, Deta Theresa Holder, Frank E. Hedges, Lawrence A. Hedges, Erne May Hedges, Earnest Jackson Turpen, Ernest Walls, Lemy Chester Walls, Vertie May Walls, John Almorine Holder, Alvin Holder, William Franklin Holder, Lawson Bledsoe Young, James Young, Robert Lee Young, Gertie Fitch, Minnie Madill Fitch, Mary Fitch, Ceacle Marion Looney, Ivy Lolita Looney, William Alexander Hawk, Eva Louisa Looney, Jessie C. Adams, Otis T. Adams, Owen T. Adams, Viola Jane Adams, Myrtle Bell Adams.
United States court judgment attached.
Respectfully submitted.
Ballinger & Lee.
In the United States Court, Southern District, Indian Territory, at Ardmore.
Jno. P. Holder et al. v. Chickasaw Nation.
On this, the 10th day of March 1898, came on to be heard before me, the undersigned master in chancery, the application of John P. Holder et al. for admission to citizenship in the Chickasaw Nation, and after hearing the evidence and duly considering the evidence in support thereof, I am of the opinion that the applicants hereafter named are entitled to be enrolled as citizens of tho Chickasaw Nation.
It appears from the evidence in the case that the applicants are the descendants of Elizabeth Colbert, a Chickasaw Indian by blood, who married n man by the name of George Stewart; that the said Elizabeth Colbert and George Stewart had a daughter by the name Elizabeth Stewart, through whom these applicants claim, that said Elizabeth Stewart married a white man by the name of Bledsoe Holder; that said Bledsoe Holder and Elizabeth Stewart had a number of children, among them being William T. Holder, Jackson A. Holder, and Burton A. Holder; that the said Bledsoe Holder and wife lived in the old Chickasaw Reservation in the State of Mississippi and left the State of Mississippi with the other Indians en route to the Indian Territory, but that they stopped with their children in southwest Missouri and remained there about 20 years; that they afterwards came into the Indian Territory, and finally drifted to the northern border of Texas and remained there a number of years. It appears from the evidence that the said Bledsoe Holder and Elizabeth Holder and their descendants who are concerned In this application at all times claimed to be citizens of the Chickasaw Nation, and that they lived in mid about the Chickasaw Nation from time to time ever since they came west of the Mississippi River, and that they in fact have Chickasaw blood in their veins.
I find, therefore, that the following descendants of the above-named parties are entitled to be enrolled as citizens of the Chickasaw Nation:
John P. Holder, Rosebud Holder, George Holder, John Holder, Minnie R. Holder, Martha S. Holder, Marcia Holder, and Colbert Holder.
Benjamin F. Holder.
Elizabeth Looney, Burton Looney, Frankie R. Looney, William Walter Looney, Thomas Jefferson Looney, F. R. Looney, Alex Looney, Guy Looney, Ray Looney, Ora Looney, and Cora Looney.
Milton E. Holder, Rebecca Holder, Thomas D. Holder, Calvin E. Holder, Harry L. Holder, Clarie Holder, Frank S. Holder, Julia Holder, Ida Holder Ford, Julietta May Ford, Gracie Ford, George W. Holder, Almorine A. Holder, and Arlie Holder, Rachael A. Young, William J. Young; Mary A. Walls, Agues Walls, Frank Walls, and Mary E. Walls, Minta Fitch, William Fitch, William T. Young and Albert Young.
Isaac B. Holder, Dennis Holder, Evans E. Holder, Roy R. Holder, Oliver R. Holder.
Mary Louisa Little.
Jackson A. Holder, Lucinda Holder, Larrie Victoria Martinus, Joseph Martinus, Josephene Martinus, Charles Martinus; Ruben Argile Holder, Theodocia Belle Hedges, Lillie Hedges, Everett Lee Hedges, Nora Icy Hedges, Ellen Elizabeth Ridenour, George J. Ridenour, Calvin Alton Holder, Lucinda Emeline Adams, Lynn Argile Cobb, Emmett Laton Adams.
William Holder, Robert Holder, Albert Holder, Dude Holder, Myrtle Holder, Maggi Lanore Holder, Nettle Hedges, Pearl Coke, Harvy Coke, Boss Holder, Elva Holder, Minnie Worbus, Bertha Worbus, John A. Looney, Ben M. Looney, Henneger Looney and Leona Looney, Burton A. Holder, Monroe Holder, William Holder, Alex B. Holder, Lemuel Holder, Mattie Holder, Cecil Holder, Willie L. Holder, Rachael Holder Campbell, Zollie Barnes, Thomas L. Padgett, F. P. Henry, Jessie Floyd Henry, Myrtle Golden Henry.
I therefore recommend that the above-named applicants be admitted to citizenship In the Chickasaw Nation.
______ _______,
Master in Chancery.
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 a copy of the report of the master in chancery dated March 10, 1898, in the matter of the application of John P. Holder et al. for enrollment as members of the Chickasaw Nation.
J. Geo. Wright, Commissioner to the Five Civilized Tribes.
By W. H. Angell, Clerk in Charge of Chickasaw Records.
Transcript Of Proceedings
United States Court,
Indian Territory, southern district, ss:
At a stated term of the United States court in the Indian Territory, southern district, begun and had in the court rooms at Ardmore, in the Indian Territory, on the 15th day of November, in the year of our Lord 1897.
Present: The honorable Hosea Townsend, judge of said court.
On the 15th day of March, 1898, being a regular day of said term of said court, among the proceedings had were the following, to wit:
John P. Holder et al. v. Chickasaw Nation. 77
On this day this cause came on to be heard upon the report of the master In chancery, and it appearing to the court, after duly considering said report, and tho evidence in support thereof, and the exceptions thereto that the said report ought to be confirmed:
It is ordered, adjudged, and decreed by the court that the report of the master In chancery In said cause be, and the same is hereby, confirmed; and It is ordered, adjudged, and decreed by the court that the following-named persons are hereby adjudged to be citizens of the Chickasaw Nation and entitled to be enrolled as citizens thereof:
John P. Holder, Rosebud Holder, George Holder, John Pearl Holder, Minnie B. Holder, Martha S. Holder, Marcia Holder, and Colbert Holder, Benjamin F. Holder, Elizabeth Looney, Burton Looney, Frankie R. Looney, William Walter Looney, Thomas Jefferson Looney, F. E. Looney, Alex. Looney, Guy Looney, Roy Looney, Ora Looney, and Corn Looney, Milton E. Holder, Rebecca Holder, Thomas D. Holder, Calvin E. Holder, Harry R. Holder, Clarie Holder, Frank S. Holder, Julia Holder, Ida Holder Ford, Julietta May Ford, Grade Ford, George W. Holder, Almorine A. Holder, and Alice Holder, Racheal A. Young, William J. Young, Mary A. Walls, Agues Walls, Frank Walls, and Mary E. Walls, Minta Fitch, William Fitch, William J. Young, and Albert Young. Isaac B. Holder, Dennis Holder, Evans E. Holder, Roy R. Holder, Oliver R. Holder, Mary Louise Little, Jackson A. Holder, Lonie Victoria Martenus, Joseph Martenus, Josephine Martenus, Charles Martenus, Reuben Argile Holder, Theodosia Belle Hedges, Lillie Hedges, Ernest Lee Hedges, Nora Icy Hedges, Ellen Elizabeth Ridenour, George Joseph Ridenour, Calvin Alton Holder, Luicinda Emeline Adams, Lynee Argile Cobb, Ernest Layton Adams, William Holder, Robert Holder, Albert Holder, Dude Holder, Myrtle Holder, Maggie Lanoro Holder, Nettle Hedges, Pearl Coke, Harvy Coke, Boss Holder, Elvra Holder, Minnie Warbus, Bertha Warbus, John A. Looney, Ben M. Looney, Henneger Looney, and Leona Looney, Burton A. Holder, Monroe Holder, William Holder, Alex B. Holder, Lemuel Holder, Mattie Holder, Cecil Holder, Willie L. Holder, Racheal Holder Campbell, Zollie Barnes, Mary E. Padgett, Sallie Henry, Jessie Floyd Henry, Myrtle Golden Henry, Samantha Looney. It is further adjudged and decreed by the court that all the other parties to this suit who applied for citizenship be and they are hereby, adjudged not to be citizens of the Chickasaw Nation. To all that part of the foregoing judgment and decree which admits all of said applicants to citizenship in the Chickasaw Nation, the Chickasaw Nation, by its attorneys in open court, duly excepted.
Hosea Townsend, Judge
United States Court.
Indian Territory, southern district, ss:
I, C. M. Campbell, clerk of the United States court within and for the district and Territory aforesaid, do hereby certify that the foregoing orders are truly taken and correctly copied from court journals of said court, as the same appears to me.
In testimony whereof, I have hereunto set my hand and affixed the seal or said court at Ardmore this 12th day of March 1903.
C. M. Campbell. Clerk.
By N. H. McCoy, Deputy.
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 a certified copy of the judgment of the court dated November 15, 1897, on file in this office, in the matter of the enrollment of John P. Holder et al. as citizens of the Chickasaw Nation.
J. Geo. Wright.
Commissioner to the Fire Civilized Tribes.
By W. H. Angell, Clerk in Charge of Chickasaw Records.
