Henry Brown Et Al., Chickasaw. Commission, No. D-251
August 16, 1899. Original application by Henry Brown for the enrollment of himself and his three minor children, Lovard, Jesse, and Sallie Brown, as Chickasaws by blood.
It appears from the record that Henry Brown had 12 children in all, but application was made for only the 3 youngest, apparently through misunderstanding. At the time of the original application the proceedings were in part as follows:
Q. You have children?-
A. Yes. sir.
Q. How many?-
A. Two.
Q. Some of them married?-
A. Two.
Q. Give me the names of those that were born since 1892-tho oldest one born since that time.-
A. Louis, he was born the day before I started to make my application, therefore born before I was admitted in 1892.
Commissioner McKennon. He can not be enrolled.
Q. Next one?-
A. Lovard, 3 years old.
Q. Next one?-
A. Jesse, sir; 2 years old.
Q. Next one?-
A. Sallie, 3 months old.
June 19, 1900. Additional testimony taken before the Commission to the Five Civilized Tribes. It appears from the uncontradicted testimony of Henry Brown, principal applicant, that he is a half-blood Chickasaw, his mother being Sallie Brown, a full-blood Chickasaw Indian woman, and his father Tom Brown, a Ute Indian; that Henry Brown was born in the Chickasaw Nation, and 52 years of age at the time of the application in 1899; that he lived for a while in Texas, where he married, and returned to the Chickasaw Nation about 16 years before the date of the application to the commission for enrollment, and that he lived in the Chickasaw Nation continuously ever since his return.
It also appears from the record that on February 4, 1892, Henry Brown went before a citizenship committee, appointed under an act of the Chickasaw legislature approved November 14, 1889, and made application for admission to citizenship in the Chickasaw Nation. Applicant states that the committee decided to admit to citizenship himself and eight children, the names of whom are not given.
A certified copy of the minutes of the session of the citizenship committee, held on February 8, 1892, appears in the record, of which the following is a literal copy:
Citizenship Committee Room.
Monday, February 8, 1892.
The committee, at 9 o’clock Monday morning, previous to adjournment. Roll call: quorum present. Minutes of Saturday read and Interpreted.
Robert Newberry made a motion to adopt the minutes of Saturday; seconded by Albert Louis. Motion called and curried.
The case of Henry Brown for citizenship was taken up find after due consideration was disposed of.
Robert Newberry made a motion to accept the application of Henry Brown for citizenship; seconded by Albert Louis. Motion called and carried.
Robert Newberry made a motion for the committee to adjourn until 9 o’clock tomorrow morning; seconded by Albert Louis. Motion called and carried.
(Signed) J. D. Collins, Chairman.
Attest:
E. P. Goforth, Clerk pro tempore.
I hereby certify that the above and foregoing is a full, true, and correct copy of the minutes of the session of the Chickasaw citizenship committee held on February 8, 1892, as found in the record of said committee in the possession of the Commission to the Five Civilized Tribes.
T. B. Needles, Commissioner.
Muskogee, Ind. T., July 16, 1902.
The testimony of Josiah Brown shows in general terms the proceedings in the matter of the application of Henry Brown for admission to citizenship before the committee. From this testimony, as well as the testimony of other witnesses, it appears that the citizenship committee passes favorably upon claimant’s application, but that the matter was never finally passed upon by the council. The testimony is in part as follows:
Q. Do you know of the appointment of a citizenship committee of which Robert Newberry and J. B. Collins were members? –
A. Yes, sir.
Q. Do you know something of the application of Henry Brown to that committee for citizenship? –
A. Yes, sir.
Q. Do you know what the action of that committee was upon the application of Henry Brown?
A. I was informed he paid his hundred dollars, and Robert Newberry moved, that they adopt him, and recognize him as a citizen.
Q. The motion carried? –
A. Yes, sir.
Q. State what you know about what was afterwards done with the work of that committee? –
A. The prosecuting attorney claimed that two of the members of the committee were members of the legislature when the bill passed and it barred them from sitting on the committee.
Q. What was the opinion of the attorney general as to the proceedings of that committee?-
A. That they were unconstitutional.
Q. Were the proceedings of that committee, as to the application of Henry Brown, ever presented to the legislature? –
A. It is my. understanding that it wasn’t presented to the legislature.
In the testimony of the applicant on June 19, 1900, appear the names of the children of applicant, “born of this marriage under the age of 21 years and unmarried,” as follows: Emma Brown, 19; Ben Brown, 17; Belle Brown, 16: Dee Brown, 14: Harlin Brown, 12; Hugh Brown, 9; Lewis Brown, 7.
Q. I want to know those that have already been enrolled, or been before the commission? –
A. Leonard Brown, 4 years; Jesse Brown, 3 years: and Sallie Brown 1 year.
Included in the above are the names of 10 children, and apparently the other 2 children (Brown testified he had 12 children in all) were over the age of 21 years, or married at the time application was made; and their names do not, appear.
No application is made for the enrollment of the wife of claimant (Mary Brown, nee Briley), applicant stating that she is “Choctaw and Cherokee, but she has no way of proving it.”
May 2, 1903. The commission rendered its decision denying the application for the enrollment of Henry Brown, Lovard Brown, Jesse Brown, and Sallie Brown, as citizens by blood of the Chickasaw Nation, on the ground that the applicants had not been enrolled by the tribal authorities, or admitted to Chickasaw citizenship by a legally constituted court, or by the Commission to the Five Tribe A copy of said decision is attached hereto, marked “Exhibit A.”
Statement By Counsel For Claimants
The uncontradicted evidence in the case shows beyond question the Chickasaw blood, descent, tribal affiliation, and residence in the Chickasaw Nation of all the applicants. Counsel for claimants respectfully submit that the following named persons, for whom application was duly made, are entitled to enrollment as members by blood of the Chickasaw tribe of Indians: Henry Brown. Lovard Brown, Jesse Brown, and Sallie Brown.
That the following named persons, who were minor children of Henry Brown in 1000, and full brothers and sisters of the above named Lovard. Jesse, and Sallie Brown, are also entitled in equity good conscience to enrollment as members of the Chickasaw Nation: Emma Brown, Ben Brown, Belle Brown, Dee Brown, Harlin Brown, Hugh Brown, and Lewis (or Louis) Brown.
Exhibits attached.
Respectfully submitted.
Ballinger & Lee
In the matter of the application of Henry Brown for the enrollment of himself and his three minor children, Lovard Brown, Jesse Brown, and Sallie Brown, as citizens by blood of the Chickasaw Nation.
Decision
It appears from the record In this case that Henry Brown appeared before the commission at Durant. Ind. T., on August 16. 1899, and made personal application for the enrollment of himself and his three minor children, Lovard. Jesse, and Sallie Brown, as citizens by blood of the Chickasaw Nation. Further proceedings in the matter of said application were had at Atoka, Ind. T., at the session of the commission commencing August 28 and ending September 2, 1899; at McAlester, Ind. T., on November 14, 1899: at Colbert, Ind. T., on June 19, 1900, and at Atoka, Ind. T., on December 10. 1900.
On an examination of the evidence submitted in this case and the records of the Chickasaw Nation in the possession of the commission, it does not appear that the applicants herein have ever been enrolled by the tribal authorities of the Chickasaw Nation as citizens of that tribe In Indian Territory; nor does It appear that they have been admitted to Chickasaw citizenship by a legally constituted court or committee of said nations, or by the commission to the Five Civilized Tribes, or by the United States court in Indian Territory, under the provisions of the act of Congress approved June 10, 1890 (29 Stat., 321).
It further appears that the principal applicant. Henry Brown, presented his claim to Chickasaw citizenship before the citizenship committee authorized by an act of the Chickasaw national legislature, approved November 14, 1889 (Constitution, Treaties, and Laws of the Chiekasaw Nation, p. 247) and that on February 8, 1892, his application was granted by said committee; but on a careful search of the records of the Chickasaw legislature it does not appear that the action of said committee has ever been considered or approved by said legislature, as provided in sections 2 and 3 of said act of November 14, 1889, and that the names of said applicants do not appear upon any of the tribal rolls made subsequent to said date. A certified copy of the minutes of the session of said citizenship committee, held on February 8, 1892, is attached Hereto and made a part of the record in this case.
It is therefore the opinion of this commission that Henry Brown, Lovard Brown, Jesse Brown, and Sallie Brown are not lawfully entitled to be enrolled as citizens by blood of Chickasaw Nation. In accordance with the provisions of section 21 of the act of Congress approved June 28, 1898 (30 Stat., 495), and it is so ordered.
The Commission To The Five Civilized Tribes.
Department Of The Interior, Commissioner to the Five Civilized Tribes.
In re application for allotment as a citizen of the Chickasaw Nation of Mandine Brown, born on the 29th day of November 1901. Name of father: Henry Brown, a citizen of the Chickasaw Nation. Name of mother: Mary Brown, a noncitizen of the nation. Post office, Springer.
Affidavit Of Mother
State Of Oklahoma, Carter County.
I, Mary Brown, onath, state that I am 53 years of age and a noncitizen of the nation: that I am the lawful wife of Henry Brown, who is a citizen by blood of the Chickasaw Nation; that a female child was born to me on the 29th day of November 1901; that said child has been “named Mandine Brown, and was living March 4, 1906.
Mary (her x mark) Brown.
Witnesses to mark:
Eloda Gibson.
Leona Cox.
Subscribed and sworn to before me this 10th day of December 1910.
[seal.] Eloda Gibson, Notary Public.
Affidavit Of Attending Physician Or Midwife
State Of Oklahoma, Carter County.
I, Henry Brown, a physician, on oath, state that I attended Mrs. Mary Brown, wife of Henry Brown, on the 29th day of November 1901: that there was born to her on said date a female child: that said child was living March 4, 1906, and is said to have been named Mandine Brown.
H. B. Brown.
Subscribed and sworn to before me this 10th day of December 1910.
[seal.] Eloda Gibson, Notary Public.
Affidavit Of Henry Brown
State or Oklahoma, Carter County, ss:
Henry Brown, first being duly sworn, on oath states that he is the identical Henry Brown who applied to the Commission to the Five Civilized Tribes August 10, 1899, for enrollment as a Chickasaw citizen by blood, case No. 251, and who also appeared on June 19, 1900, before said commission, and who was admitted by the citizenship committee of the Chickasaw Nation on November 8, 1892.
Affiant further states that when before the commission he gave the names of all of his children, as follows: John Brown, Annie Douglas (nee Brown), Emma Brown, Ben Brown, Bell Brown, Dee Brown, Harlin Brown, Hugh Brown, Louis Brown, Lovard Brown, Jesse Brown, and Sallie Brown.
Affiant further states that his son, John Brown, on the 9th day of April. 1899, lawfully married Hattie Taylor, and that the copy of a marriage license hereto attached is a true and correct copy of the license under which said John Brown married: that John Brown and Hattie Brown are the lawful parents of Henry Brown, Otto Brown, and Lester Brown, who, together with their mother. Hattie Brown, are on the finally approved rolls of Chickasaw citizens by blood and have received their allotment as such.
Affiant states that Annie Brown on January 16. 1896, was married to Miles Douglas, and that a copy of marriage license hereto attached is a true and correct copy of the license under which said Annie Brown was married; that said Annie Douglas and Miles Douglas are the lawful parents of Mary Douglas, age 13 years: Bell Douglas, age 10 years; Mandy Douglas, age 9 years; Nettie Douglas, age 8 years: and Albert Douglas, age 6.
Affiant further states that he personally appeared before J. W. Howell at Ardmore some time during the month of November 1908, who took his sworn statement with reference to his claim to citizenship in the Chickasaw Nation, and that affiant stated to said Howell the names and ages of his children is herein above named.
Affiant states that, to the best of his knowledge, no application was ever made for the enrollment of the children of Annie Douglas, and that the failure to make said application was due to the fact that his daughter assumed that it was necessary for affiant’s claim to first be established before she could apply for the enrollment of her children.
H. Brown,
Subscribed and sworn to before me this 6th day of December 1910.
[seal.] Eloda Gibson, Notary Public.
My commission expires May 18, 1913.
Marriage License No. 382
United States Of America, Indian Territory, Southern District, ss:
To any person authorized by law to solemnize marriage-greeting:
You are hereby commanded to solemnize the rite and publish the bans of matrimony between Mr. John Brown, of Woodford, in the Indian Territory, aged 21 years, and Miss Hattie Taylor, of Woodford, in the Indian Territory, aged 21 years, according to law, and do you officially sign and return this license to the parties herein named.
Witness my hand and official seal, this 31st day of March, A. D. 1899.
[seal.] C. M. Campbell, Clerk of the United States Court.
Certificate Of Marriage
United States Of America, Indian Territory, Southern District, ss:
I, W. McKinney, a minister of the gospel, do hereby certify that on the 2d day of April A. D. 1899, I did duly and according to law, as commanded in the foregoing license, solemnize the rite and publish the bans of matrimony between the parties therein named.
Witness my hand, this 2d day of April A. D. 1899.
W. McKinney,
My credentials are recorded in the office of the clerk of the United States court in the Indian Territory, _______ judicial division, book B.
Filed and duly recorded, this 12th day of April 1899.
[seal.] C. M. Campbell, Clerk of the United States Court.
[Certificate of true copy.]
State Of Oklahoma, Carter County.
I, B. F. Rogers, clerk of the county court in and for the county and State aforesaid, do hereby certify the above and foregoing to be a full, true, and complete copy of the marriage license and certificate of marriage No. 382, as the same appears on file and of record in my office.
Witness my hand and the seal of said court, this 6th day of December 1910.
[ Seal.] B. F. Rogers, Clerk Of County Court.
Marriage License No. 870
United States Of America, Indian Territory, Southern District, ss:
To any person authorized to solemnize marriage-greeting:
You are hereby commanded to solemnize the rite and publish the bans of matrimony between Mr. M. D. Douglass, of Newport, in the Indian Territory, aged 34 years, and Miss Annie Brown, of Woodford, in the Indian Territory, aged 22 years, according to law, and do you officially sign and return this license to the parties herein named.
Witness my hand and official seal, this 13th day of January, A. D. 1896.
[seal.] Jas. W. Phillips, Clerk of the United States Court.
Certificate Of Marriage
United States Of America, Indian Territory, Southern District Ss:
I, W. McKinney, a minister of the gospel, do hereby certify that on the 16th day of January A. D. 1896, I did duly and according to law, as commanded in the foregoing license, solemnize the rite and publish the bans of matrimony between the parties therein named.
Witness my hand, this 16th day of January A. D. 1896.
W. McKinney, A Minister of the Gospel.
My credentials are recorded in the office of the clerk of the United States court In the Indian Territory, second judicial division, book A, page 870. Filed and duly recorded, this l5th day of February 1896.
[seal.] Jas. W. Phillips, Clerk of the United States Court.
[Certificate of true copy.]
State Of Oklahoma, Carter County.
I, B. F. Rogers, clerk of the county court in and for the county and State aforesaid, do hereby certify the above and foregoing to be a full, true, and complete copy of the marriage license and certificate of marriage No. 870, as the same appears on file and of record in my office.
Witness my hand and the seal of said court, this 6th day of December 1910.
[seal.) B. F. Rogers, Clerk of County Court.