(a) Choctaw and Chickasaw cases (number of applicants shown) :
Number of granted Choctaw enrollment cases 5,320
Number of persons enrolled as Choctaws by blood and intermarriage 17,899
Number of cases refused 1,750
Number of persons refused as Choctaws by blood and intermarriage 5,201
Total number of cases 7,070
Total number of persons who were applicants for enrollment as Choctaws by blood and Intermarriage 23,100
(This does not include minor and new-born Choctaws under acts of May. 3, 1905 and Apr. 26, 1906, and is estimated as nearly as may be without actual count.)
(a) Choctaw and Chickasaw cases-Continued.
Number of granted Chickasaw enrollment cases 1,800
Number of persons enrolled as Chickasaws by Blood and intermarriage 5, 707
Number of cases refused 500
Number of persons refused as Chickasaws by blood and intermarriage 1,793
Total number of cases 2,300
Total number of persons who were applicants for enrollment as Chickasaws by blood and intermarriage, 7,500
(This does not include new-born and minor Chickasaws under acts of Mar. 3, 1905, and Apr. 26, 1906, and is estimated as nearly as may be without actual count as to number of cases.)
(b) Total number of Choctaws and Chickasaws by blood and intermarriage, including minors and excluding Mississippi Choctaws: Number of Choctaws by blood, enrolled under acts of June 28. 1898, and July 1, 1902, 10,227
Number of Choctaws by blood enrolled under act of March 3, 1905, 1,583
Number of Choctaws by blood enrolled under act of April 26, 1906, 956
Total number of Choctaws by blood of all classes 18,706
Number of Choctaws by intermarriage 1,672
Total number of Choctaws 20,438
Number of Chickasaws by blood, enrolled under acts of June 28, 1898, and July 1, 1902, 5,059
Number of Chickasaws by blood, enrolled under act of March 3, 1905, 578
Number of Chickasaws by blood, enrolled under act of April 26, 1906, 331
Total number of enrolled Chickasaws by blood of all classes 5,968
Number of Chickasaws by intermarriage 648
Total number of Chickasaws 6,610
(c) Choctaw freedmen:
Number of Choctaw freedmen enrolled under acts of June 28, 1898, and July 1, 1902, 5,546
Number of Choctaw freedmen enrolled under act of April 26, 1906, 473
Total number of enrolled Choctaw freedmen 6,019
(d) Chickasaw freedmen:
Total number of enrolled Chickasaw freedmen 4,853
(e) Mississippi Choctaws:
Number of identified Mississippi Choctaws 2,534
Number of enrolled Mississippi Choctaws 1,445
Number of Mississippi Choctaws enrolled under act of March 3,1905, 11
Number of Mississippi Choctaws enrolled under act of April 26, 1906, 187
(f) Total number of cases of different kinds (number of applicants not shown) :
Approximate number of cases of Choctaws by blood and intermarriage, excluding newborns and minors, 7,070
Approximate number of cases of Chickasaws by blood and intermarriage, excluding newborns and minors, 2,300
Approximate number of granted Choctaw freedmen cases, 1,500
Approximate number of refused Choctaw freedmen cases, 164
Approximate total number of Choctaw freedmen cases, excluding minors 1,664
Approximate number of granted Chickasaw freedmen cases, 1,446
Approximate number of refused Chickasaw freedmen cases, 150
Total approximate number of Chickasaw freedmen cases, 1,596
Approximate number of granted Mississippi Choctaw cases, 916
Approximate number of refused Mississippi Choctaw cases, 6,560
Total approximate number of Mississippi Choctaw cases, 7,476
7. Percentage of rejected Choctaw cases in which the heads of families claimed one-quarter or more Choctaw Blood.
Inasmuch as the degree of Indian blood alleged was noted upon the census cards for each member of the family recorded thereon, I thought it might prove of interest and perhaps of value to ascertain what percentage of the rejected cases embraced persons who alleged an appreciable degree of Choctaw blood. I adopted the fraction of one-fourth as the standard, because persons possessing that degree of blood are as a general rule obviously and visibly Indians. The quantum of blood alleged for heads of families on 52 rejected cards, taken consecutively, appears as follows:
Heads of families alleging one thirty-second 9
Heads of families alleging three sixty-fourths 1
Heads of families alleging one-sixteenth 24
Heads of families alleging three thirty-seconds 2
Heads of families alleging one-eighth 12
Heads of families alleging three-sixteenths 1
Heads of families alleging one-fourth 1
Heads of families alleging three-fourths 1
Heads of families alleging three-fourths 1
Recapitulating, out of a total of 52 there are found to be only three heads of families who allege one-fourth or more Indian blood. The percentage of such rejected applicants would be a little under 6 per cent.
8. Percentage of Mississippi Choctaw cases involving persons of mixed blood. Mississippi Choctaw cards sometimes show one head of a family identified and the other rejected, both alleging full blood. Sometimes one head of a family was identified as a full blood and the other head and the children were denied. The card of Calvin McMillan (M. C. E. 4215) shows an instance where one parent was identified, and one parent denied together with the children. Here the wife (Mollie McMillan) was the only member of the family identified, notwithstanding there were 11 members, all of whom alleged that they were full-blood Choctaw Indians. This statement should be considered in connection with what I have said in a previous connection relative to the failure of the Commission to the Five Civilized Tribes to enroll the children of enrolled Mississippi Choctaws under the act of April 26,1906. (34 Stat., 137.)
In the adjudication of Mississippi Choctaw claims, two classes of cases were presented. The first class embraced those persons who claimed descent from Indians who were entitled to the benefits of article 14 of the treaty of September 27, 1830. (7 Stat.. 333.) There were many applicants of this class, but very few who were capable of establishing their claims, the character of the proof required being such that only people of education and means would be likely to preserve the necessary family records, or have sufficient knowledge of history to build up complete cases.
The second class of Mississippi Choctaws were full-blood Indians. These people were identified as Mississippi Choctaws, by virtue of the rule of evidence prescribed in section 41 of the act of July 31,1902. (32Stat..641.) By inspection of their census cards. I found that as a general rule, these Mississippi Choctaws were included in families, all of whom were full-blood Indians. Out of a total of 36 Mississippi Choctaw cards, I found that where one of the heads of the family was identified as a full-blood Mississippi Choctaw all of the children were so identified in 29 cases, and that in the other seven cases the children were mixed-blood Indians. The proportion of full-blood cases would therefore be to the whole number of cases as 29 to 36 or about 80 per cent. This would mean that, if the mixed-blood children of enrolled Mississippi Choctaws are to be accorded any rights whatever, either at the expense of the Choctaw Nation or of the United States, only about 20 per cent of the enrolled Mississippi Choctaw cases would have to be taken up again; but it would not amount even to 20 per cent, because a considerable number of such cases were disposed of under the act of April 26, 1906 (34 Stat.. 137). as explained above. Stating the proposition further, there were only about 1,445 Mississippi Choctaws who were finally enrolled, who must have been included within 300 to 500 cases. Therefore, there would not be more than 20 per cent of that number, or from 60 to 100 cases, of mixed-blood children. But there would not be even this number, inasmuch as 187 newborn Mississippi Choctaws, embraced, probably, in 30 to 35 families, have already been enrolled under said act of April 26, 1906.
9. Practice of the Dawes Commission respecting applications for enrollment. From the outset applications have played a very important part in enrollment work. I have referred to this fact heretofore in connection with the act of June 28, 1898, as well as subsequent acts. In view of the fact that the persons to be enrolled were wards of the Government, some of whom were burdened with minority. unsound mind, and other legal disabilities, it would seem that the burden of making application should never have been placed upon the Indians, either by act of Congress or by administrative regulation. Provisions were made in various statutes .which were construed to require applications to be made within a limited time. Strict construction of the rule relating to applications required personal appearance, at least of the head of the family. In the course of the enrollment work, however, people would contend from time to time that they had filed applications. Many such persons had, in fact, written letters to the commission and to the department and. not knowing departmental procedure thoroughly, to other persons-for example, to the Indian agent. I have even been informed by the officials of the United States court that people came frequently to them to make application. The question arose, therefore, as to what constituted an application within the meaning of the term as used in the law relating to enrollment. The index prepared by the Dawes Commission of persons who had made applications was confined to those persons who had made formal application, either in person or through some member of the family who appeared in person before some representative of the commission.
I am informed that when persons claimed to have made application by letter the commission caused an examination to be made of the index of letters received in order to test the accuracy of the claim. During the course of the enrollment work letters were frequently received by the department in which persons claimed to be entitled to enrollment. Sometimes their claims were clearly indicated as to what persons they thought were entitled. At other times their statements were vague and uncertain and disclosed only that there was a member of the family for whom enrollment was desired. These letters were ” referred to the Commission to the Five Civilized Tribes for appropriate action.” Upon receipt of such letters the commission examined its records to ascertain whether or not there was an existing application of record, but did not treat such letters as applications unless followed up by further communication or evidence. During the years 1904, 1905, and 1906 several letters were written by the department containing important instructions to the Commission to the Five Civilized Tribes designed to make the requirements regarding applications as reasonable as possible; but these instructions, as will be noted, did not issue, until after the time limits prescribed in the Choctaw and Chickasaw agreement and the Cherokee agreement for the respective applications. I have references to these cases and will cite them to you if desired.
In illustration of the commission’s attitude, however, I wish to bring to your attention the Choctaw case of Isaac Laflore et al. There the principal applicant and all or nearly all the members of his family were full-blood Indians. The commission rendered a decision adverse to the applicant, on the ground that the applications were not made within the time prescribed by law, to wit, prior to December 25, 1902. Upon reading the evidence, the department found that, as a matter of fact, the commission sent a deputy sheriff to the home of the applicants a few days prior to the expiration of the time limit, and that he found the head of the family unable to leave home and go before the Dawes Commission because of sickness. Under the circumstances the department held, in substance, that the action of the commission in sending the deputy sheriff to the home of the applicants was in itself a step looking to their enrollment, and that inasmuch as proceedings to that end had thus been instituted within the time allowed the applicants should be enrolled, it being considered immaterial whether such proceedings were instituted by the applicants or by the commission, so long as the commission had knowledge of the case and had actually taken some steps in connection with it in due time. This action was taken by the department August 5, 1905, more than a year and a half after the expiration of the time limit, during which time the commission was evidently governed by the narrow view of the law. A further question arose at a late day in the enrollment work as to what constituted an application. As was shown in the early part of this report, nearly 75,000 people, including many recognized and enrolled citizens, made application to the Commission to the Five Civilized Tribes in 1896. These applications remained in the custody of the Commission to the Five Civilized Tribes. Did such applications come within the purview of the words as used in the agreements with the various tribes? This question arose in connection with the case of Joe and Dillard Perry. Several opinions were written in this case. In the first, dated February 21, 1905, the Assistant Attorney General held that the applicants were entitled to enrollment. At that time their names were borne upon the roll of Chickasaw freedmen, and the petition was for transfer to the roll of citizens by blood of the Chickasaw Nation. Subsequently, upon motion for review, it was made to appear that no application for the enrollment of said persons as citizens by blood had been made within the time fixed by section 3-1 of the Choctaw and Chickasaw agreement. Accordingly, under date of November 11, 1905, the Assistant Attorney General held that their names could not be transferred from the freedmen roll to the roll of Chickasaws by blood. In said opinion the following language was used:
In the present ease it does not appear that any application or assertion of right of these applicants for enrollment as citizens by blood was ever made until August, 1903, after December 24, 1902. If such was made under the act of 1896, or at any time prior to and including December 24, 1902, the record before me is incomplete. This opinion is based solely on the fact that no right to enrollment of these applications as citizens by blood was asserted until after December 24, 1902. (Underscoring supplied.)
It will be observed that this opinion was based, in part, upon the assumption that there was no application filed under the act of June 10, 1890. As was subsequently shown, there was such an application on file with the Commission to the Five Civilized Tribes at the time the opinion was written. Owing to this fact, a motion for review was filed June 2, 1906, on behalf of the applications. This motion was referred to the Commissioner to the Five Civilized Tribes for report. The report called for was rendered June 26, 1906, and showed that as early as 1896 an application was made to the Commissioner to the Five Civilized Tribes for the enrollment of Joe and Dillard Perry, as citizens by blood of the Chickasaw Nation. Said report was referred to the Assistant Attorney General for the Interior Department for opinion. The latter, on September 28, 1906, held that the applicants were entitled to enrollment, in view of the fact that their application was made in 1896. Accordingly, the former action adverse to them was rescinded, and they were enrolled as citizens by blood.
After the motion for review was filed in the Perry case, the department directed the Commissioner to the Five Civilized Tribes to report in all cases whether application was made under the act of June 10, 1896, where the fact of such application, if material, was in issue.
As you will observe, these important instructions were issued about three years and a half after the expiration of the time limit for the receipt of applications under the said act of July 1, 1902. It is needless to say that all of the work performed during that period should have been transacted under a correct, rather than an imperfect, construction of the law.
The practice of the Commissioner to the Five Civilized Tribes is also shown by his action in the Chickasaw case of J. W. F. Howard (I. T. D. 5508-07). On May 29, 1905, the chairman of the commission advised Mr. Howard as follows:
In reply to your letter you are advised that it appears from our records that you were an applicant to this commission in 1896 for citizenship in the Chickasaw Nation, and your application was denied by the commission and that an appeal was taken to the United States Court for the Southern District of the Indian Territory at Ardmore. but it does not appear from our records that any action was taken in this case by said court
You are further advised that it does not appear from our records that you have since that time made application to this commission for enrollment under the act of Congress of June 28. 1898, and under the provision of the act of Congress approved July 1, 1902, the commission is now without authority to receive or consider such an application in your behalf.
This letter constituted a very important action in the case; in that it amounted to an adjudication on the part of the commission of a material question. Notwithstanding this was true, the name of the chairman of the commission was signed in a handwriting entirely different from that of the well-known writing of Mr. Tarns Bixby; nor was there anything connected with the letter to show that Mr. Bixby had authorized or passed upon it in any way.
10. Field investigation in the 15 district Indian agencies in eastern Oklahoma.-My examination of the records in the office of the Commissioner to the Five Civilized Tribes was made in order to obtain all the information possible concerning the work of enrollment and to ascertain what foundation there would be to build on in case further enrollment work should be deemed advisable; but even at Muskogee I found that I was not near enough to actual conditions and that I was not coming in contact with the people I desired to reach. In planning how best to accomplish my purpose I decided to visit the office of each of the district Indian agencies in eastern Oklahoma. As there were 15 such offices I felt reasonably certain that I would be able to secure information from a sufficient number of the local agents to be fairly well informed concerning the situation as a whole. I arranged an itinerary and requested the district agents to send out word through their interpreters, Indian policemen, etc., of my proposed coming and to make arrangements to enable me to come into contact with as many persons as possible. I thought it well, however, to instruct them not to give notice of my itinerary to the press, for I knew that I would be unable, in the one or two days at my disposal at each office, to meet and examine all of the person who might be thus induced to try to see me. The most that I could hope for was to get a general idea of the situation.
At the various appointments I met and examined all persons who desired to see me concerning matters of enrollment, taking due care to inform them beforehand that my visit was not the result of any change in the law, and that they were not to understand that they were making application to me for enrollment. I explained to them instead that I came as the representative of the Secretary of the Interior in order that he might obtain information directly concerning them. I encouraged the people to be frank in their statements, but informed them that whatever they said would be made a matter of record and could be compared at any time with former statements made by such of them as had theretofore been heard by the commission. A stenographer accompanied me and made a report of all statements; subsequently he furnished me with a typewritten transcript of his notes, copy of which is enclosed as Exhibit F. In order that we might not be compelled to rely alone upon the statements of the applicants, I also carried with me a camera, furnished by the Geological Survey, and secured pictures, enclosed as Exhibit G. of many of the persons who appeared before me. This was not possible, however, in all places, for the examinations were conducted upon several occasions until late in the evening. Through the investigation in this way my information concerning a considerable number of applicants came from the people themselves. I was careful to have it understood beforehand that no attorney nor agent would be allowed to be present. I did this in order that the claimants would be left free to answer entirely according to their own ideas and the promptings of their own minds. I did not, however, wish to avoid meeting attorneys and agents, and whenever possible met and conversed with them, as with other individuals, noting in fact that they were able to throw a great deal of light upon the situation. The district Indian agents proved another source of much value. They have now been in the field sufficiently long to be acquainted with many Indians, through whom they- have heard of deserving and equitable cases of persons omitted from the rolls. These men, with the aid of the assistant agents, the Indian policemen, and the Indian interpreters, brought to my attention a considerable number of cases of people who. for various reasons, were unable to meet me, and whose enrollment would perhaps never be accomplished under any circumstances if they were left to take the initiative unaided by the Government. Another source of information which proved particularly valuable was the tribal officials and public men who are members of the Indian nations. These men have a widespread acquaintance, and when interviewed did not hesitate to give me freely the information at their disposal. I also conferred with a number of men in public life, such as superintendents of Indian schools, heads of public institutions, and the like. From all of these I gathered information relating to a large number of persons. It will, of course, l>e impossible for me to give a detailed statement concerning each case: but. instead. I will confine myself to a statement of my impressions of the situation taken as a whole and describe by classes the persons whose cases deserve special consideration.
I was strongly impressed with the fact that as a general rule persons having the most meritorious cases were the least able to take the necessary steps to secure their enrollment. I found that such persons were frequently unable to undergo the expense of traveling by rail, even a few miles, in order to have their cases investigated. Distance, though short, was an impassable barrier between them and their rights, and when it came to leaving their homes and incurring hotel expenses, even for a short time, the impossibility of their doing anything for themselves was still more certain. This condition of affairs can not be readily appreciated from Washington, or even from Muskogee. but when one is in the field going from place to place he can fell keenly that persons laboring under extreme poverty, ignorance, ill health, or other disabilities must be assisted by the Government of the United States through affirmative action on its part if their cases are to be thoroughly investigated. To many such persons a few dollars in the hand means more than the vague and shadowy prospect of an allotment worth thousands of dollars to be received some time in the indefinite future.
Another matter which I noted particularly was the attitude of the Indian people toward the question. While they take a conservative view of the matter and are anxious to avoid a promiscuous investigation as to all kinds of claimants, they are very liberal in spirit toward those persons in whose cases real equities exist. I believe it may be said without danger of successful contradiction that the Indian people as a whole are extremely anxious and willing that the cases of real merit should be relieved. In this connection I refer to the fact that I conferred freely whenever possible with Indian officials and with leading members of the tribes and as a rule obtained from each of them important information concerning a few equitable cases.
This subject was touched upon by Gov. McCurtain in his last message to the council of the Choctaw Nation. Therein he brought to the attention of the council the fact that there were a number of equitable cases in the nation. I have not a copy of the governor’s message before me, but as I remember it he estimated the number to be about 40. These cases, as I remember, were brought to the attention of the council for such action as it might think proper to take. I believe, however, that it did not act upon the matter.
I desire to explain the meaning of the term “equitable cases” as used by me in making inquiries of the Government and tribal officers and other persons relative to meritorious cases. The term was so used with reference to people who were plainly entitled to have their cases considered, but who through a variety of causes, such as accident, inadvertence, mistake, failure to make application in due time, non-enrollment upon the tribal rolls, lack of intelligence, etc., failed to secure enrollment or whose cases were disposed of solely upon technical grounds.
While I was unable to visit several of the district agencies in person, I made arrangements with the Commissioner to the Five Civilized Tribes to send men to such places in my stead. These men, under my instructions and pursuant with the general policy of the investigation, kept the appointments provided for in my itinerary and made careful examination of all cases coming within their knowledge. The statements obtained by them were reduced to typewriting, and copies are herewith as a part of Exhibit F.
11. Classes of cases meriting further consideration on equitable grounds.
(a) Persons stricken from the approved rolls.
1. Solely because they failed to appeal to the United States courts