Meridian, Mississippi, April 11, 1901
In the matter of the application of Banistor Allen for the identification of himself and four minor children as Mississippi Choctaws.
Banistor Allen being first duly sworn testified as follows:
Examination by the Commission:
Q. What is your name?
A. Banistor Allen.
Q. How old are you?
A. 31 years.
Q. What is your post office address?
A. Hale, Clark county, Miss.
Q. What proportion of Choctaw blood do you claim to have?
A. 1/4
Q. Is your father living?
A. Yes sir.
Q. What is his name?
A. Alex Allen.
Q. Does you father claim to have any Choctaw blood?
A. No sir.
Q. What is he? Negro?
A. Sort of mixed.
Q. Is your mother living?
A. Yes sir.
Q. What is her name?
A. Candis Allen.
Q. Does she claim to have Choctaw blood?
A. Yes sir.
Q. What proportion of Choctaw blood does she claim?
A. ½
Q. Where does she live?
A. She lives at Hale, Mississippi.
Q. How long has she lived in Mississippi?
A. All her days.
Q. Have you lived here all your life?
A. Yes sir.
Q. You never have lived in the Choctaw nation, Indian Territory?
A. No sir.
Q. You claim to get your Choctaw Indian blood through your mother>
A. Yes sir.
Q. Can you speak Choctaw?
A. No sir.
Q. Does your mother talk the Choctaw language?
A. No.
Q. Have you ever appeared before this Commission before?
A. No, I never heard of it until last Saturday a week ago.
Q. Are you married?
A. Yes sir.
Q. What is your wifes name?
A. Fanny Allen.
Q. Is she living?
A. Yes sir.
Q. Does she claim to have Choctaw blood?
A. Not as I have ever heard.
Q. You dont make any claim for her/
A. No.
Q. Have you been married more than once?
A. No sir.
Q. Have you any children?
A. Four.
Q. What are their names and ages?
A. Lewis 6 years, Annie 5 years, Cora 3 years and Luther 1 year.
Q. Are these children all living with you at the present time?
A. Yes
Q. Always lived with you?
A. Yes sir.
Q. They are the children of yourself and Fanny Allen?
A. Yes sir.
Q. When and where were you married to Fanny Allen?
A. I married her 7 years ago near hale.
Q. Have you your marriage license and certificate with you at this time?
A. I havent got it here with me; I was married with a license.
Q. It will be necessary for you to furnish the Commission with proper evidence of the marriage of yourself and you wife for use in connection with the application you make on behalf of your four minor children. If this evidence is furnished within a period of thirty days of this date it will be received, filed and considered in connection with this application. These children get their Choctaw blood solely through You?
A. Yes sir.
Q. Have either you or your children ever received any benefits as Choctaw Indians?
A. No sir.
Q. Never got any land or money from the government?
A. No.
Q. Nor any money from the tribal authorities in Indian Territory?
A. No sir.
Q. Are your names on the Choctaw tribal rolls out in Indian Territory?
A. I dont know.
Q. You never have been informed that they were?
A. No sir.
Q. You never have made any effort to get them put there?
A. No sir.
Q. Did you ever make application to the tribal authorities in Indian Territory for citizenship in the Choctaw nation?
A. No.
Q. Did you make application to this Commission in 1896 for citizenship in the Choctaw nation?
A. No sir.
Q. Have you ever appeared before this Commission prior to this time?
A. No sir.
Q. This is your first application of any description to this Commission?
A. Yes sir.
Q. You have never then, been admitted to citizenship in the Choctaw nation either by this Commission, the tribal authorities of the Choctaw nation or by the United States court on appeal?
A. No.
Q. You apply for the identification of yourself and four minor children as Mississippi Choctaws?
A. Yes sir.
Q. Do you base your claim upon any particular treaty provision?
A. No, I dont understand that.
Q. What makes you think you are entitled to be identified as a Mississippi Choctaw?
A. I dont know; I dont understand it.
Q. What are you here for?
A. I am here to prove my claim of Indian and prove my right to get what is coming to me out in Indian Territory.
Q. What do you think is coming to you?
A. I dont know; that is what I am here to see.
Q. The Commission is here for the purpose of hearing applicants for identification as Mississippi Choctaws claiming rights in the Choctaw lands in Indian Territory under the provisions of the 14th article of the treaty of 1830. Do you make any claim under that article? Is that what you want to claim by?
A. No.
Q. Unless you claim under that the Commission has no jurisdiction to hear you case.
A. I dont understand, of course.
Q. I will explain it to you. The treaty of 1830 was made with the Choctaws for the purpose of securing their removal to the new country west of the Mississippi river. Some of the Choctaws did not want to remove out there, and insisted that a provision be made in this treaty by which they might remain in Mississippi, and so this 14th article was inserted in the treaty. It provided that certain of the Choctaws might remain here in Mississippi if they wanted to and they could get land here under certain conditions. They were to appear before the Indian agent within a period of six months from the time the treaty was ratified and tell him that they wanted to remain in Mississippi and become citizens of the state. He would then make a reservation of certain lands for them, and they were required by the provisions of this 14th article to live on this land for five years. This 14th article also provided that persons taking advantage of that article should not lose the privileges of citizenship if they ever removed to the Indian Territory except that they forfeited their right to the Choctaw annuities. Do you want to claim under this 14th article?
A. Yes sir.
Q. Have you any evidence that your ancestors ever complied with the provisions of the 14th article by appearing before the Indian agent within six months?
A. No, I have not.
Q. Did you ever hear of any of your Choctaw ancestors doing such a thing as that?
A. No.
Q. Did you ever hear of any of them claiming or receiving any land here in the state of Mississippi?
A. No.
Q. Your father never got any did he?
A. No, he didn’t.
Q. Never did own any land here?
A. No.
Q. Neither did your mother?
A. No.
Q. Did her parents either of them, ever get any money from the government?
A. No sir.
Q. How old is your mother?
A. Somewhere about 49 years.
Q. Through which one of her parents does she get her Indian blood?
A. Her father.
Q. Was he a full blood?
A. That is what they say.
Q. Do you know as a matter of fact that he was a Choctaw?
A. No, what I have heard he was.
Q. He might have been Creek so far as you know?
A. If he was we could not have been like we are.
Q. Do you speak the Choctaw language?
A. No sir.
Q. Does your mother speak the Choctaw language?
A. No.
Q. Do you know whether her father spoke the Choctaw language?
A. I dont know.
Q. You never saw him?
Q. He died before you were born?
A. Yes.
Q. Do you know whether he was living in Mississippi 70 years ago?
A. No, I cant tell.
Q. You dont know whether he was living here when this treaty was made?
A. No.
Q. Do you know whether any of your Choctaw ancestors were living here when this treaty was made 70 years ago?
A. No, I dont know. Guess they was.
Q. But you couldnt swear they were?
A. No.
Q. You dont know whether any of them ever claimed or received any land in Mississippi?
A. No.
Q. Do you know whether any of them claimed or received any money from the Government?
A. No sir.
Q. Did you ever get any money from the Government in Indian Territory?
A. No.
Q. You never have been recognized in any manner? As a citizen of the Choctaw nation?
A. No.
Q. In case the Commission should be able to identify you and your minor children as Mississippi Choctaws entitled to rights in the Choctaw lands Indian Territory under the provisions of the treaty of 1830, would you be willing to remove to the Choctaw nation, Indian Territory and make it your home?
A. Yes sir.
Q. Are they any other statements you would like to make in regard to your case?
A. No.
Q. Have you any papers of any kind that you want to file?
Hudson & Arnold, attorneys for applicant ask leave to file written evidence in support of this claim. Permission is granted attorneys for applicant to file documentary evidence in support of this claim, if filed within thirty days of the date hereof.
You will be furnished at a later date with a copy of the decision of the Commission with reference to the application you make on your own behalf and on behalf of your four minor children for identification as Mississippi Choctaws, mailed to your at your present postoffice address.
This applicant claims to be ¼ Choctaw. From his features, color and hair, it would appear that he might be possessed of a small portion of Choctaw Indian blood.
Frances R. Brown having been first duly sworn upon oath states that as stenographer to the Commission to the Five Civilized Tribes she reported in full all proceedings in the above entitled cause on the 11th day of April, 1901, and that the above and foregoing is a full, true and correct transcript of her stenographic notes of said proceedings on said date.
Frances R. Brown
Subscribed and sworn to before me at Meridian, Mississippi, this 16th day of April, 1901
_______________________Notary Public