Nancy J. Cooper Et Al., Choctaws.
Dawes Commission, No. 1418. United States court, No. 9G. Citizenship court, No. .
Note.Tins is one of the cases reported upon by J. W. Howell as one of the meritorious cases. The names of all the claimants except the new borns appear on the Choctaw tribal roll of 1896. The enrollment of claimants was prevented by an adverse decision of the Choctaw-Chickasaw citizenship court. Subsequently the department held that the citizenship court never acquired jurisdiction of the case, and directed the enrollment of claimants. Their enrollment was prevented by a misconstruction of the Attorney General’s decision of February 19, 1907, which was construed by the department as holding that the decision of the citizenship court rejecting claimants was final. On March 4, 1907, the Attorney General rendered an opinion construing his opinion of February 19, 1907, under which latter opinion claimants were held entitled to enrollment. This latter opinion, of March 4, 1907, did not reach the department until March 6, 1907, or two days after the rolls were closed by operation of law. There was then no authority in the Secretary, under the law, to enroll them.
Record
On the Choctaw tribal roll of 1896 appears the names of the following persons opposite the following roll numbers:
1688, William B. Brown; 1691, William N. Brown; 1692, Nancy J. Brown; 1701, Caswell M. Brown; 1702, Amanda Brown; 10518, Polly Ann Peck; 10517, Andrew J. Peck: 1705, George G. Brown; 1706, Sarah Brown; 1689, Nancy A. Brown; 1690, Bettie McCarty; 1693, Sarah Johnson; 1694, Becky Brown; 1695, Mary Johnson; 1696; Mannie (or Minnie) Hudson: 1697, Alice Brown; 1698, George Brown; 1699, Susie Brown: 1703 Maudie Brown; 1704, Willie Emma Brown; 10519, Florence Peck: 10520, Oscar Peck: 10521, Benjamin Peck; 10522, Andrew Peck: 9803, James R. Nichols; 9808, Nancy C. Nichols; 9812. Orin M. Nichols: 9813, Amanda M. Nichols; 9809, John W. B. Nichols; 9810, Delia Mary Scott: 9811, Nancy V. Nichols: 9814, James W. Nichols; 9815, Maggie M. Nichols; 9816, Mettle Myrtle Nichols; 9817, Lonie A. Nichols.
September 9, 1896. Application filed with commission for the enrollment of Nancy Cooper and 100 other applicants as Choctaws by blood or intermarriage, all claiming through John Cooper, whose name appears on the Choctaw muster roll of 1832, as a Choctaw captain.
December 8, 1896. The commission denied the application for the enrollment of said claimants, said decision being in words and figures as follows: “Denied.”
Case appealed to United States court, southern district, sitting at Ardmore. Record before commission transmitted, and additional testimony taken before master. Counsel for nations present and cross-examined witnesses.
December 20, 1897. Judgment was entered in this cause admitting the following claimants as members of the Choctaw Tribe of Indians:
Rebecca Brown (nee Cooper), William Knighton Brown, Caswell Marion Brown, Polly Ann Peck (nee Brown), George G. Brown, Nancy Allice Brown, Bettie Brown, Sarah Brown, Becky Brown, Mary Brown, Mamie Brown, Alice Brown, George Brown, Susie Brown, Maudie Brown, Willie Brown, Florence Peck, Oscar Peck, Benjamin Grant Peck, Andrew Peck, Willie Emma Brown, Arty Mincy Sanders, John Newton Sanders, Jessie Wilson Sanders, Joseph Munroe Sanders, Elijah McFadden Sanders, Mary Sanders, Monroe Sanders, Amanda Menirva Sanders, Joseph Ostin Sanders, William Newton Sanders, Thomas Wilson Sanders, Minnie Racheal Sanders, Nancy Ellen Sanders, James Sanders, John M. Sanders, Joseph M. Sanders, Izey May Sanders, William Eercell Sanders, Mincy Reynolds Sanders, James Bruton Nichols, Orin Mayberry Nichols, John William Beffle Nichols, Dell May Nichols, Nancy Velmor Nichols, James Willis Nichols, Maggie May Nichols, Myrtle Nichols, Louie Alta Nichols, Polly Bowen (nee Cooper), Jane Campbell (nee Cooper), William Houston Bowen, George Washington Bowen, Rosa Isabel Higgins (nee Bowen), Nancy Barthena Bowen, Jessie Anderson Bowen, jr., Elizabeth Jane Bowen, James Spencer Bowen, Eliza Jane Bowen, Leona May Bowen, Rosa Evelin Bowen, Jessie Anderson Bowen, Williams Quitman Higgins, Nancy J. Long (nee Bowen), Mandie Long, William Long, George Long, Sidney Long, Pearley Long, _____ Long, James Salathol Campbell, Leona Isabel Campbell, Lucinda Lonella Campbell, Walter Scott Campbell, Amanda Jane Ofolter (nee Campbell), Charlie J. Ofolter. John F. Ofolter, Amanda M. Ofolter, Mary Rebecca Martin (nee Cooper), Caldonia Martin, James Henry Martin, George Washington Martin, James Henry Martin, Rosa Clemy Martin, Nancy Cooper, William Houston Cooper, Samuel H. Cooper, jr., John Cooper, Dora Ann Cooper, William Bluford Brown, Andrew Jackson Peck, Nancy Caroline Nichols, Kessiah Bowen.
March 12, 1808. Supplemental judgment entered admitting the following persons as members of the Choctaw Tribe of Indians: Nancy Jane Brown, Sarah Brown, Lizzie Sanders, Martha Jane Sanders, Sallie Sanders, Amanda Melvina Nichols, Mary Brown, and Louisa Higgins.
September 28, 1898. Supplemental judgment was entered admitting the following persons: Rosa Boen, Julia Ann Boen, and Amanda Brown.
October 15, 1898. Supplemental judgment entered correcting judgment of December 20, 1897, and admitting Robert Lawrence
Martin and John Roy Sanders, and correcting the name of _____ Long to Earl Long.
January 17, 1900. This cause came on before said court upon the motion of the defendant to strike out of the judgment theretofore rendered certain names improperly admitted to citizenship, and said court being fully advised, ordered, that the following names: Rebecca Brown (nee Cooper), Susie Brown, William Ercell Sanders, Mincy Reynolds Sanders, Earl Long, James Henry Martin (where this name appears the second time), Martha Jane Sanders, Andrew Jackson Peck, Louisa Higgins, John Roy Sanders, Nancy Jane Boen, Sallie Sanders, Bettie Brown, Becky Brown, Nancy J. Long, Rosa Boen, be stricken from said former judgment.
And thereupon came on to be heard the motion of plaintiffs to correct the judgment rendered herein as to the name Pearly Long, also praying that certain original applicants’ names be ordered enrolled as citizens, having been by oversight or mistake left out of the original judgment heretofore rendered in this case; and the said court being well and fully advised in the premises ordered that the following named parties be admitted to citizenship in the Choctaw Nation: Earl Long (son of T. T. Long), Sarah Boen, Nancy Jane Brown, Sarah Brown, Julia Ann Boen, Amanda Brown, Lizzie Sanders, Amanda M. Nichols, Mary Boen, Robert Lawrence Martin, Rebecca E. Brown, and Rebecca C. Brown.
The judgment as thus re-formed, as shown by the records of the Dawes Commission, volume 3, Citizenship Cases, pages 340 to 342, are as follows:
Nancy Alice Brown, Rebecca E. Brown, Jane Campbell, James Salathol Campbell, Lonie Isabel Campbell, Lucinda Lonella Campbell, Walter Scott Campbell, Polly Bowen (nee Cooper), William Houston Bowen (or Boen), Kessiah Bowen (or Boen), Rosa Isabel Higgins (nee Bowen), William Quitman Higgins, Jessie Anderson Bowen, Julia Ann Bowen, Nancy Cooper (now deceased), Elizabeth Jane Bowen, Nancy Barthena Bowen, James Spencer Bowen, George Washington Bowen, Mary Bowen, Leona May Bowen, Rosa Eveline Bowen, Jessie Anderson Bowen, jr., Eliza Jane Bowen, Polly Ann Peck, Florence Peck, Oscar Peck, Benjamin Grant Peck, Andrew Peck, Amanda Jane Ofalter (nee Campbell), Charlie J. Ofalter, John F. Ofalter, Amanda M. Ofalter, William Knighten Brown, Nancy Jane Brown, Sarah Brown, Rebecca C. Brown, Mary Brown, Alice Brown, George Brown, Caswell M. Brown, Amanda Brown, Mandie Brown, Willie Brown, Ally Minty Sanders, John Newton Sanders, Mary Sanders, Monroe Sanders, William Newton Sanders, Thomas Wilson Sanders, Minnie Racheal Sanders, Nancy Ellen Sanders, Amanda Minerva Reynolds (nee Sanders), Joseph Ostiu Sanders, Jesse Wilson Sanders, Lizzie Sanders, James R. Sanders, John N. Sanders, Joseph M. Sanders, Izey May Sanders, Elijah McFadden Sanders, Joseph Munroe Sanders, James Bruton Nichols, Nancy Caroline Nichols, John William Beffle Nichols, Dell May Nichols, Nancy Velmor Nichols, Orin Mayberry Nichols, Amanda Melvina Nichols, James Willis Nichols, Maggie May Nichols, Myrtle Nichols, Lonie Alta Nichols, Mandie Long, William Long, George Long, Sidney Long, Pearley Long, William Bluford Brown, George G. Brown, Sarah Brown, Willie Emma Brown, Mary Rebecca Martin, Caldonia Martin, James Henry Martin, George Washington Martin, Robert Lawrence Martin, Rosa Clemy Martin, Samuel H. Cooper, William Houston Cooper, John Cooper, jr., Dora Ann Cooper, Mamie Brown, Sarah Boen, and Earl Long.
Certified copies of judgments attached hereto marked “Exhibit A-l,” “Exhibit A-2.” “Exhibit A-3,” “Exhibit A-4,” and ”Exhibit A-5.”
December 17, 1902. Judgments of the United States court set aside by decree of the citizenship court in test case. Record before United States court certified to citizenship court. Additional testimony taken on behalf of claimants.
November term, 1904. Opinion by Foote, associate judge, holding that if claimants are the descendants of Captain John Cooper, it has “not been shown that he took land under the fourteenth article of the treaty of 1830, nor has it been shown that their ancestors came to Indian Territory immediately after the treaty of 1830, and that their ancestors, as well as the claimants, resided continuously in the Choctaw Nation. Therefore they are not entitled to enrollment.
November 29, 1904. Decree entered denying all of claimants citizenship in the Choctaw Nation.
February 6, 1906. Petition filed with commission for the enrollment of applicants as citizens of the Choctaw Nation under the ruling in the Lula West case.
May 12, 1906. Hearing had on said petition.
August 13, 1900. The commission rendered a decision concluding as follows:
Upon an examination of the tribal rolls of the Choctaw Nation in the possession of this office, it appears that the applicants. William B. Brown, William N. Brown, Nancy J. Brown, Caswell M. Brown, Amanda Brown, Polly Ann Peck, Andrew J. Peck, George G. Brown, Sarah Brown, Nancy A. Brown, Betty McCarty, Sarah Johnston, Becky Brown, Mary Johnston, Mamie (or Minnie) Hudson, Alice Brown, George Brown, Susie Brown, Mandie Brown, Willie Brown, Florence Peck, Oscar Peck, Benjamin Peck, Andrew Peck, James B. Nichols, Nancy C. Nichols, Orin M. Nichols, Amanda M. Nichols, John W. B. Nichols, Delia May Scott, Nancy V. Nichols, James W. Nichols, Maggie M. Nichols, Mettle Myrtle Nichols, and Lonie A. Nichols, are identified upon the 1806 Choctaw census roll opposite Nos. 1688, 1691, 1692, 1701, 1702, 10513, 10517, 1705, 1706, 1689, 1690, 1693, 1694, 1695, 1696, 1697, 1698, 1699, 1703, 1704, 10519, 10520, 10521, 10522, 9803, 9808, 9812, 9813, 9809, 9810, 9811, 9814, 9815, 9816, and 9817, respectively.
It further appears from the record herein that all of the applicants that were living on June 28, 1898, were residents in good faith of the Indian Territory on said date.
The evidence in this case further shows that the applicant Daphne Myrtle Nichols died on June 27, 1901.
I am of the opinion that in accordance with the opinions of the Assistant Attorney General for the Department of the Interior of February 10, 1905 (I. T. D. 10353-1904), and of December 8, 1905 (I. T. D. 3093-1905), in the case of Lula West, the action of the Commission to the Five Civilized Tribes, and the subsequent action of the United States court for the southern district of Indian Territory, and the Choctaw and Chickasaw Citizenship Court, upon the right of the applicants who applied to the Commission to the Five Civilized Tribes in 1896, with the exception of Andrew J. Peck, was without authority of law and of no force and effect upon the status of said applicants as citizens of the Choctaw Nation.
I am further of the opinion that the orders of the Commission to the Five Civilized Tribes of December 12, 1904, and March 18, 1905, dismissing the applications for the enrollment of Mary E. McCarty, William Erman Johnston, Minnie Gertrude Brown, Fannie C. Brown, Henry Niten Brown, Elbert Knightington Brown. Otis Dewey Peck, Virgie Peck, Louie Herman Nichols, and Golda Eula Nichols as citizens by blood of the Choctaw Nation, and Ell W. Brown, Bessie Nichols, and Osa Nichols as citizens by Intermarriage of the Choctaw Nation, should be rescinded,
I am further of the opinion that in accordance with the opinions of the Assistant Attorney General for the Department of the Interior of March 3, 1905, and March 10, 1906 (I. T. D. 9909-1905), Nancy A. Brown, Bettie McCarty, Mary Ethel McCarty, William N. Brown, Sarah Johnston, Becky Brown, Mary Johnston, Mamie (or Minnie) Hudson, Alice Brown, George Brown, Susie Brown, William Erman Johnston, Minnie Gertrude Brown, Henry Niten Brown, Fannie C. Brown, Caswell M. Brown, Maudie Brown, Willie Brown, Elbert Knightington Brown, Polly A. Peck, Florence Peck, Oscar Peck, Benjamin Peck, Andrew Peck, Otis Dewey Peck, Virgie Peck, George G. Brown, Willie Emma Brown, James B. Nichols, Delia May Scott, Nancy V. Nichols, John W. B. Nichols, Louie Herman Nichols, Golda Eula Nichols, Orin M. Nichols, James W. Nichols, Maggie H. Nichols, Mettle Myrtle Nichols, and Lonie A. Nichols should be enrolled us citizens by blood of the Choctaw Nation under the provisions of the acts of Congress approved June 28, 1898 (30 Stat, 405), and July 1, 1902 (32 Stat., 641): and it is so ordered.
I am further of the opinion that William B. Brown, Nancy Brown, Eli W. Brown, Amanda Brown, Sarah Brown, Nancy C. Nichols, Bessie Nichols, Amanda M. Nichols, and Osa Nichols should be enrolled as citizens by intermarriage of the Choctaw Nation under the provisions of the nets of Congress approved June 28, 1898 (30 Stat., 495), and July 1, 1902 (32 Stat, 641) ; and it is so ordered.
I am further of the opinion that the application made for the enrollment of Andrew J. Peck as a citizen by Intermarriage of the Choctaw Nation should be denied under the provisions of the act of Congress approved June 28, 1898 (30 Stats., 495), and it is so ordered.
I am further of the opinion that William A. McCarty, Ollie McCarty, Oscar Lee Johnston, Willie Clarence Brown, Hoy Lester Johnston, Edna Arvel Johnston, Teddy Golden Johnston, Ruby Dill Brown, Annie Jewell Brown, Prebble Peck, Cassie Brown, Goldie Brown, Nema May Scott, Lita Lois Scott, Sylvie Jewell Nichols, and Cora Lee Nichols should be enrolled as citizens by blood of the Choctaw Nation under the provisions of the act of Congress approved April 26, 1906 (Pub. No. 129), and it is so ordered.
(Copy of decision hereto attached marked “Exhibit B.”)
A schedule containing the names included in the above opinion of the, commission was prepared and transmitted to the Secretary for approval as a part of the final rolls.
March 1, 1907. Secretary reversed decision of commission and disapproved schedule under a mistaken construction of the Attorney General’s opinion of February 19, 1907, which was erroneously construed by the department to hold that the decision of the citizenship court in all cases was final. On March 4, 1907, the Attorney General rendered an opinion construing his opinion of February 19, 1907, under which claimants would have been enrolled, but the latter decision did not reach the department until March 6, 1907, two days after the rolls had been closed by operation of law.
Those entitled to enrollment are, first, those persons found by the commission in its decision of August 13, 1906, to be entitled to enrollment, as follows:
Nancy A. Brown, Bettie McCarty, Mary Ethel McCarty, William N. Brown, Sarah Johnston, Becky Brown, Mary Johnston, Mamie (or Minnie) Hudson, Alice Brown, George Brown, Susie Brown, William Erman Johnston, Minnie Gertrude Brown, Henry Niten Brown, Fannie C. Brown, Caswell M. Brown, Maudie Brown, Willie Brown, Elbert Knightington Brown, Polly A. Peck, Florence Peck, Oscar Peck, Benjamin Peck, Andrew Peck, Otis Dewey Peck, Virgie Peck, George G. Brown, Willie Emma Brown, James B. Nichols, Delia May Scott, Nancy V. Nichols, John W. B. Nichols, Louis Herman Nichols, Golda Ula Nichols, Orin M. Nichols, James W. Nichols, Maggie M. Nichols, Mettie Myrtle Nichols, Lonie A. Nichols, William B. Brown, Nancy Brown, Eli W. Brown, Amanda Brown, Sarah Brown, Nancy C. Nichols, Bessie Nichols, Amanda M. Nichols, Of-n Nichols, William A. McCarty, Ollie McCarty, Oscar Lee Johnston, Willie Clarence Brown, Roy Lester Johnston, Edna Arvel Johnston, Teddy Golden Johnston, Rubie Dill Brown, Annie Jewell Brown, Prebble Peck, Cassie Brown, Goldie Brown, Nema May Scott, Lita Lois Scott, Sylvia Jewel Nichols, and Cora Lee Nichols.
And the following persons, sisters or brothers or blood relatives of the above 64 persons, all admitted by judgment of the United States court, and possessed of identical rights with those recommended by the commission, but whose names were not on the 1896 roll, and therefore, as held by the department, they did not come within the scope of the Lula West decision, and the decree of the citizenship court was held to be final:
Rebecca Elizabeth Brown, Jane Campbell, James Salathol Campbell, Lona Isabel Campbell, Luanda Lonella Campbell, Walter Scott Campbell, Polly Bowen (nee Cooper), William Houston Bowen, Kessiah Bowen, Rosa Isabel Higgins (nee Brown), William Quitman Higgins, Jessie Anderson Bowen, Julia Ann Bowen, Elizabeth Jane Bowen, Nancy Barthena Bowen, James Spencer Bowen, George Washington Bowen, Mary Bowen, Leona May Bowen, Rosa Evaline Bowen, Jessie Anderson Bowen, jr., Eliza Jane Bowen, Amanda Jane Ofalter, Charlie J. Ofalter, John F. Ofalter, Amanda M. Ofalter, Rebecca C. Brown, Mary Brown, Mandie Brown, Willie Brown, Artie Minty Sanders, John Newton Sanders, Mary Sanders, Monroe Sanders, William Newton Sanders, Thomas Wilson Sanders, Minnie Racheal Sanders, Nancy Ellen Sanders, Amanda Minerva Reynolds, Joseph Ostin Sanders, Jessie Wilson Sanders, Lizzie Sanders, James Sanders, John M. Sanders, James M. Sanders (or Joseph), Izie May Sanders, Elijah McFadden Sanders, Joseph Mun- roe Sanders, Mandie Long, William Long, George Long, Sidney Long, Pearler Long, Sarah Brown, Marv Rebecca Martin, Caldonia Martin, James Henry Martin, George Washington Martin, Robert Lawrence Martin, Rosa Clemy Martin, Samuel H. Cooper, William Houston Cooper, John Cooper, jr.. Dora Ann Cooper, Mamie Brown, Sarah Brown, and Earl Long.
(In all 131 persons.)
Exhibits attached.
Respectfully submitted.
Walter S. Field, Attorney for Claimants.
Exhibit A-1
Transcript Of Proceedings
United States Court, Indian Territory,
Southern District,
At a stated term of the United States court In the Indian Territory, ________ 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 Hon. Hosen Townsend, judge of said court. On the 20th day of December 1897, being a regular day of said term of said court, among the proceedings had were the following, to wit:
Nancy J. Cooper et al. v. Choctaw Nation.
Final Judgment
This cause coming on to be heard on this the 20th day of December 1897, upon the master’s report and exceptions thereto, and it appearing there from that the plaintiffs In this case hereafter mentioned mid set forth are Choctaw Indians by blood and by intermarriage and as such are entitled to citizenship in the Choctaw Nation.
And it appearing also from the evidence in this case that the said applicants are Choctaw Indians by blood and by intermarriage, and it appearing also that these applicants have duly filed their applications for citizenship before the Dawes Commission and have duly appealed there from to this court. And it appearing that the following named persons are Choctaw Indians by blood and are all now residents of the Indian Territory except Samuel H. Cooper, William Houston Cooper, John Cooper, jr., Donora Ann Cooper, to wit: Rebecca Brown (nee Cooper), William Knighten Brown, Caswell Marion Brown, Polly Ann Peck ( nee Brown), George G. Brown, Nancy Alice Brown, Bettie Brown, Sarah Brown, Becky Brown, Mary Brown, Mamie Brown, Alice Brown, George Brown, Susie Brown, Maudie Brown, Willie Brown, Florence Peck, Oscar Peck, Benjamin Grant Peck, Andrew Peck, Willie Emma Brown, Arty Minty Sanders, John Newton Sanders, Jessie Wilson Sanders, Joseph Munore Sanders, Elijah McFadden Sanders, Amanda Menirva Reynolds (nee Sanders), Joseph Ostrin Sanders, Mary Sanders, Monroe Sanders, William Newton Sanders, Thomas Wilson Sanders, Minnie Racheal Sanders, Nancy Ellen Sanders, James Sanders, John N. Sanders, James M. Sanders, and Izey May Sanders, William Eacell Sanders, Miney Reynolds, James Bruton Nichols, Orin Mayberry Nichols, John William Beffle Nichols, Delia May Nichols, Nancy Velmor Nichols, James Willis Nichols, Maggie May Nichols, Myrtle Nichols, Lonie Alta Nichols, Poly Bowen (nee Cooper), Jane Campbell (nee Cooper), William Houston Bowen, George Washington Bowen, Rosie Isabel Higgins (nee Bowen), Nancy Barthena Bowen, Elizabeth Jane Bowen, James Spiner Bowen, Jessie Anderson Bowen, jr., Eliza June Bowen, Leona May Bowen, Rosa Eveline Bowen, Jesse Anderson Bowen, Jr., William Quitman Higgins, (Nancy J. Long, nee Brown, now deceased), Maudie Long, William Long, George Long, Sidney Long, Pearley Long, and ______ Long, James Salathal Campbell, Leona Isabel Campbell, Lucinda Lonella Campbell, Walter Scott Campbell, Amanda Jane Ofalter (nee Campbell), Charley J. Ofalter, John F. Ofalter, Amanda M. Ofalter, Mary Rebecca Martin (nee Cooper), Clodonia Martin, James Henry Martin, George Washington Martin, Rossi Clemy Martin (Nancy Cooper, now deceased). And it appearing that the following named parties have Intermarried with the above named parties, who are Indians by blood, on the dates and under the laws hereafter mentioned, to wit: William Bluford Brown (married to Rebecca Cooper under the laws of Arkansas in the year 1857), Nancy J. Brown, nee Hurin (married to William Knighten Brown under the laws of Arkansas in or about the year 1879). Amanda Brown, nee Kelly (married to Caswell Marion Brown under the laws of Arkansas in or about the year 1885), Andrew Jackson Peck (married to Polly Ann Brown under the laws of Arkansas in the year 1887), Sarah Brown, nee Johnson (married to George G. Brown under the laws of Arkansas in the year 1894). Lizzie Sanders, nee Harris (married to Jessie Wilson Sanders under the laws of Missouri in the year 1892), Martha Jane Sanders, nee Barnes (married to Joseph Sanders under the laws of Missouri in the year 1885). Henry Reynolds (married to Amanda Melvina Sanders under the laws of Arkansas in the year 1892). Sallie Sanders, nee Halstead (married to Jasper Ostein Sanders under the laws of Arkansas in the year 1894), Nancy Caroline Nichols, nee Gast (married to James Bruton Nichols under the laws of Arkansas in the year 1872), Amanda Melvina Nichols, nee Skelton (married to Orin Mayberry Nichols under the laws of Arkansas in the year 1878), Kessiah Bowen, nee Bowman (married to William Houston Bowen under the laws of Arkansas in the year 1872). Mary Bowen, nee Warren (married to George Washington Bowen under the laws of Arkansas in the year 1889), Louis Higgins (married to Rosa Isabel Bowen under the laws of Arkansas in the year 1893). Al Ofolter (married to Amanda Jane Campbell under the laws of Arkansas in the year 1890), Ales Martin (married to Mary Rebecca Cooper under the laws of Arkansas in the year 1880.
And it appearing to the court from the master’s report and from the evidence in the case that each and every and all of the above-named parties are entitled to enrollment and to citizenship in the Choctaw Nation, except the intermarried parties hereinafter named:
It is therefore ordered, decreed, and adjudged that the master’s report be confirmed in all respects, except as to the exceptions thereto, which exceptions are sustained as to the nonresidents, and that the following named parties be, and the same are hereby, admitted to citizenship and to enrollment in the Choctaw Nation as Choctaw Indians by blood, to wit: Rebecca Brown (nee Cooper), William Knighten Brown, Caswell Marion Brown, Polly Ann Peck (nee Brown), George G. Brown, Nancy Allice Brown, Bettie Brown, Sarah Brown, Becky Brown, Mary Brown, Mamie Brown, Alice Brown, George Brown, Susie Brown, Maudie Brown, Willie Brown, Florence Peck, Oscar Peck, Benjamin Grant Peck, Andrew Peck, Willie Emma Brown, Arty Mincy Sanders, John Newton Sunders, Jessie Wilson Sanders, Joseph Munroe Sanders, Elijah McFadden Sanders, Mary Sanders, Monroe Sanders, Amanda Menirva Sanders, Joseph Ostin Sanders, William Newton Sanders, Thomas Wilson Sanders, Minnie Rachael Sanders, Nancy Ellen Sanders, James Sanders, John N. Sanders, Joseph M. Sanders, Izey May Sanders, William Ercell Sanders, Mincy Reynolds Sunders, James Burton Nichols, Grin Mayberry Nichols, John William Beffle Nichols, Dell May Nichols, Nancy Velmor Nichols, James Willis Nichols, Magpie May Nichols, Myrtle Nichols, Louie Alta Nichols, Polly Bowen (nee Cooper), Jane Campbell (nee Cooper), William Houston Bowen, George Washington Bowen, Kosa Isabel Higgins (nee Bowen) Nancy Barthena Bowen, Jessie Anderson Bowen, jr., Elizabeth Jane Bowen, James Spencer Bowen, Eliza Jane Bowen, Leona May Bowen, Kosa Evelin Bowen, Jessie Anderson Bowen, Williams Quitman Higgins, Nancy J. Long (nee Bowen. now deceased), Maudie Long, William Long, George Long, Sidney Long, Pearley Long, Long (youngest child of T. T. Long), James Salathol Campbell, Leona Isabel Campbell, Lucinda Lonella Campbell, Walter Scott Campbell, Amanda Jane Ofalter (nee Campbell), Charlie J. Ofalter, John F. Ofalter, Amanda M. Ofalter, Mary Rebecca Martin (nee Cooper), Caldonia Martin, James Henry Martin, George Washington Martin, James Henry Martin, Kosa Clemy Martin (Nancy Cooper, now deceased), Samuel H. Cooper, William Houston Cooper, John Cooper, jr., Dora Ann Cooper.
And it is further ordered, adjudged, and decreed that the following named parties be, and the same are hereby, admitted to enrollment and to citizenship in the Choctaw Nation as intermarried citizens, as follows, to wit: William Bluford Brown, Andrew Jackson Peck, Nancy Caroline Nichols, Kessiah Bowen.
And the following named intermarried parties be and the same are hereby, rejected, to wit: Nancy Jane Brown, Sarah Brown, Lizzie Sanders, Martha Jane Sanders, Henry Reynolds, Sallie Sanders, Amanda Melvina Nichols, Mary Bowen, Louis Higgins, Al Ofalter, and Alex Martin, because they have married since the year 1876 and not in accordance with Indian law.
Hosea Townsend, Judge.
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 of said court, at Ardmore, this 4th day of May, 1898.
[seal.] C. M. Campbell, Clerk.
By_____ ______, 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 lands of said tribes, and that the above and foregoing is a true and correct copy of the final judgment rendered in the United States court at Ardmore, Okla. in the matter of Nancy J. Cooper et al, for enrollment as citizens by blood and intermarriage of the Choctaw Nation, rendered therein on the 20th day of December, 1897.
J. Geo. Wright,
Commissioner to the Five Civilized Tribes.
By W. H. Angell,
Clerk in Charge of Choctaw Records.
Exhibit A-2
Transcript of Proceedings
United States Court, Indian Territory, Southern District, ss:
At a stated term of the United States Court in the Indian Territory, district, begun and had in the court rooms, at Ardmore, in I he 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 12th day of March 1898, being a regular day of said term of said court, among the proceedings were the following, to wit:
Nancy J. Cooper et al. v. Choctaw Nation.
Judgment
This day this cause coming upon the motion of plaintiffs’ attorney to correct a judgment filed herein on December 20, 1897, at the present term of this court, and it appearing that an error was committed in the rendition of said judgment, and the court being sufficiently advised upon the whole case:
Doth order, adjudge, and decree that said Judgment be corrected so as to admit the applicants, Nancy June Brown, Sarah Brown, Lizzie Sanders, Martha Jane Sanders, Sallie Sanders, Amanda Melvina Nichols, Mary Brown, and Louisa Higgins, as members of the Choctaw Tribe of Indians by Intermarriage, it appearing that they were rejected by the former judgment of this court by oversight and mistake.
It Is further adjudged that each of the above-named parties have all the rights, privileges, and immunities as members of the Choctaw Tribe of Indians by intermarriage.
And the clerk of tills court. In transmitting the original judgment of this court to the Commission to the Five Civilized Tribes of Indians, is directed to transmit this supplement judgment, and same is intended to be and shall be a part of the original judgment herein: and the said commission is hereby directed to enroll each and all the above-named parties In connection with the other parties named in the original judgment as members of the Choctaw Tribe of Indians by intermarriage. To all of which the defendant in open court excepted.
_______ _______, Judge.
United States Court, Indian Territory, Southern District, ss:
I. C. M. Campbell, clerk of the United Stares 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 of said court at Ardmore this 4th day of May, A. D. 1898.
[SEAL] C. M. Campbell, Clerk
By ______ _____, 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 on March 12, 1898, in the matter of the enrollment of Nancy J. Cooper et al. as members of the Choctaw Tribe of Indians by Intermarriage.
J Geo. Wright, Commissioner to the Five Civilized Tribes
By W. H. Angell,
Clerk in Charge of Choctaw Records.
Exhibit A-3
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 28th day of September, in the year of our Lord 1898.
Present, the Hon. Hosea Townsend, judge of said court.
On the 28th day of September, 1898, being a regular day of said term of said court, among the proceedings had were the following, to wit:
Nancy J. Cooper, et al. v. Choctaw Nation. No. 90.
Supplemental Judgment
(Entered nunc pro tune, December 20, 1898.)
It appearing to the court that the Judgment heretofore entered in this cause does not show that Rosa Boen, Julia Ann Boen, and Amanda Brown, were admitted to citizenship and that judgment was rendered admitting the said Rosa Boen, Julia Ann Boen, and Amanda Brown, each and all as members of the Choctaw Tribe of Indians, but that by oversight or mistake their names were omitted from said original judgment. It is therefore ordered, adjudged, and decreed by the court that the plaintiffs, the said Rosa Boen, Julia Ann Boen, and Amanda Brown, be and are each and all members by Intermarriage of the Choctaw Tribe1 of Indians, and are entitled to be enrolled as members of said tribe of Indians by marriage. And the clerk of this court is hereby ordered and directed to forward a certified copy of this judgment to the proper authorities, for enrollment of the said Rosa Boen, Julia Ann Boen, and Amanda Brown, and that they each and all be enrolled by said authorities as members of said Choctaw Tribe of Indians. It is further ordered that this judgment be entered by the clerk, mine pro time, as of the date of the original judgment filed herein.
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 of said court at Ardmore this 15th day of October, A. D. 1898.
C. M. Campbell, Clerk.
By ______ ______, Deputy.
(Seal. United States court in the Indian Territory.)
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 to 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 a supplemental judgment of the court, dated September 28, 1898 in the matter of the enrollment of Nancy J. Cooper et al. as citizens of the Choctaw Nation.
J. Geo. Wright,
Commissioner to the Fire Civilized Tribes.
By W. H. Angell,
Clerk in Charge of Choctaw Records.
Exhibit A-4.
Transcript Of Proceedings
United States Court, Indian Territory,
Southern District, ss:
Amended Judgment
At a stated term of the United States court in the Indian Territory, southern district, began and had in the court rooms at Ardmore, in the Indian Territory, on the 28th day of September, in the year of our Lord 1898.
Present, the Hon. Hosea Townsend, judge of said court.
On the 15th day of October, 1898, being a regular day of said term of said court, among the proceedings had were the following, to wit:
Nancy J. Cooper et al., plaintiffs, v. Choctaw Nation, defendants. No. 96.
Judgment
This cause coming on to be hoard by the court on this the 15th day of October, 1897, upon the motion of the plaintiffs herein to have the judgment herein rendered on the 20th day of December, 1897, corrected ns to the names of Robert Lawrence Martin, John Roy Sanders, and Earl Long: and it appearing that the names of Robert Lawrence Martin and John Roy Sanders, although appearing upon the application herein and admitted to citizenship In the Choctaw Nation, were through the mistake of counsel in drafting the praecipe of the judgment herein omitted there from, and that the name of Earl Long appeared in said Judgment as “_______ Long” and further described as the youngest child of T. T. Long: and it appearing that the said judgment should be amended and corrected as to these three parties so that justice may be done them:
It. is therefore ordered and decreed by the court that the Judgment heretofore rendered in this case on the 20th day of December 1897, be amended and corrected as to Robert Lawrence Martin, John Roy Sanders, and Earl Long, and that the name of Robert Lawrence Martin and John Roy Sanders and Earl Long be admitted therein as citizens of the Choctaw Nation and be included in the list of names admitted therein to such citizenship, and that the name of _____ Long be amended and corrected to Earl Long in accordance with the facts.
The clerk of this court is hereby ordered and directed to certify a copy of this judgment to the Dawes Commission, and said commission is hereby ordered and directed to enroll said parties as citizens of the Choctaw Nation.
Hosea Townsend, Judge.
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 of said court at Ardmore this 15th day of October, A. D. 1898.
[seal.] C. M. Campbell, Clerk.
By ______ _____ , 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 on October 15, 1898, in the matter of the enrollment of Nancy J. Cooper et al. as citizens of the Choctaw Nation.
J. Geo. Wright.
Commissioner to the Five Civilized Tribes.
By W. H. Angell,
Clerk in Charge of Choctaw Records.
Exhibit A-5.
Transcript of Proceedings
United States Court. Indian Territory, Southern district, as: 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 4th day of December, in the year of our Lord 1899.
Present, the Hon. Hosea Townsend, judge of said court.
On the 17th day of January, 1900, being a regular day of said term of said court, among them the proceedings had were the following, to wit:
Nancy Cooper et al. v. Choctaw Nation. No. 96.
Corrected Judgment
On this 17th day of January, 1900, came on to be heard in open court the motion of the defendant herein to exclude and strike out from the judgment heretofore rendered in this cause the following-named persons, to wit: Rebecca Brown (nee Cooper), Susie Brown, William Ercell Sanders, Mincy Reynolds Sanders, Long, James Henry Martin, Martha Jane Sanders, Andrew Jackson Peck Louisa Higgins, John Ray Sanders, Nancy June Boon, Sallie Sanders, Bettie Brown, Becky Brown, Nancy T. Long, Rosa Been, and that parties appear, and the court having heard said motion and being well and fully advised in the premises, doth find that said parties have by accident or mistake been improperly admitted to citizenship in the Choctaw Nation by the judgment heretofore rendered in this cause. It is therefore by the court considered, ordered, mid adjudged that the names of said persons and each of them be stricken out of the judgment heretofore rendered herein and that they take no rights to such citizenship by virtue of said judgment. That as to the two persons named in said judgment as James Henry Martin, the person whose name first occurs in the original judgment shall remain in said judgment and the second name stricken out as aforesaid. And thereupon came on to be heard the motion of plaintiffs herein to correct the judgment heretofore rendered herein ns to the name Pearly Long, and praying that the supplemental judgments herein admitting to citizenship Sarah Been, Lizzie Sanders, Nancy Jane Brown, Sarah Brown, Julia Ann Brown, Amanda Brown, Amanda M. Nichols, Mary Boen, and Robert Lawrence Martin, which said judgments were rendered without notice to defendant. And that Rebecca K. Brown and Rebecca C. Brown, heretofore admitted to citizenship herein under erroneous names, be admitted under their true names, and the court having heard said motion and being well and fully advised in the premises, doth sustain the same, and it is by the court considered, ordered, and adjudged that Earl Long, son of T. T. Long, be admitted as n citizen of the Choctaw Nation; that the said Sarah Boen, Nancy Jane Brown, Sarah Brown, Julia Ann Boen, Amanda Brown, Lizzie Sanders, Amanda M. Nichols, Mary Boen, and Robert Lawrence Martin be admitted to such citizenship, and that said supplemental judgments, in so far as they provide the admission of said parties to citizenship, be confirmed, and that said Rebecca K. Brown and Rebecca C. Brown be admitted as citizens of the Choctaw Tribe. It Is further considered and ordered that this Judgment is made and entered mine pro tune as of the date of the original judgment herein.
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, ns the same appears to me.
In testimony whereof I have hereunto set my hand and affixed the seal of said court, at Ardmore, this 20th day of February, A. D. 1900. [seal.] C. M. Campbell, Clerk.
By ______ _______, 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 corrected judgment of the court on January 17, 1900, in the matter of the enrollment of Nancy Cooper et al. as citizens of the Choctaw Nation.
J. Geo. Wright.
Commissioner to the Five Civilized Tribes.
By W. H. Angell,
Clerk in Charge of Choctaw Records.
Department Of The Interior, Commissioner To The Five Civilized Tribes.
In the matter of the application for the enrollment of William B. Brown et al. as citizens of the Choctaw Nation, consolidating the applications of William B. Brown et al., 7-5096; William N. Brown et al., 7-5060; Eli W. Brown et al., 7-D-432; Caswell M. Brown et al., 7-5060; Andrew J. Peck et al., 7-5062; George G. Brown et al., 7-5095; James B. Nichols et al.. 7-5100; John W. B. Nichols et al., 7-5097; Orin M. Nichols et al., 7-5061; Osa Nichols et al., 7-D-509.
Decision
It appears from the census curd records in this case that on September 22, 1898, application was made to the Commission to the Five Civilized Tribes for the enrollment of William B. Brown (61 years of age) as a citizen by intermarriage of the Choctaw Nation and for the enrollment of his two children, Nancy A. Brown (23 years of age) and Bettie Brown, now McCarty (19 years of age), as citizens by blood of the said nation; on September 22, 1898, for the enrollment of William N. Brown (39 years of age) and his seven minor children, Sarah Brown, now Johnston (18 years of age), Becky Brown (16 years of age), Mary Brown, now Johnston (13 years of age), Mamie (or Minnie) Brown, now Hudson (11 years of age), Alice Brown (8 years of age), George Brown (5 years of ago), and Susie Brown (1 year of age), as citizens by blood of the Choctaw Nation, and for the enrollment of Nancy Brown (36 years of age) us a citizen by intermarriage of said nation; on September 5, 1899, for the enrollment of Eli W. Brown (28 years of age) as a citizen by intermarriage of the Choctaw Nation; on September 22, 1898, for the enrollment of Caswell M. Brown (34 years of age) and his two minor children, Maudie (10 years of age) and Willie Brown (6 years of age), as citizens by blood of the Choctaw Nation; and on October 18, 1898, for the enrollment of his wife, Amanda Brown (31 years of age), as a citizen by intermarriage of said nation; on September 22, 1898, for the enrollment of Andrew J. Peck (32 years of age) as a citizen by Intermarriage of the Choctaw Nation, and for the enrollment of his wife, Polly A. Peck (30 years of age), and bis five minor children, Florence (9 years of age), Oscar (7 years of age), Benjamin G. (5 years of age), Andrew (3 years of age), and Otis Dewey Peck (2 months of age), as citizens by blood of said nation; on September 22, 1898, for the enrollment of George G. Brown (26 years of age) and his minor daughter, Willie Emma Brown (3 years of age), as citizens by blood of the Choctaw Nation, and for the enrollment of his wife, Sarah Brown (21 years of age), as a citizen by intermarriage of said nation; mi September 22, 1898, for the enrollment of James B, Nichols (48 years of age) and his two minor children, Delia May Nichols, now Scott (14 years of age), and Nancy V. Nichols (7 years of age), as citizens by blood of the Choctaw Nation, and for the enrollment of his wife, Nancy C. Nichols (42 years of age), as a citizen by intermarriage of said nation: on September 22, 1898, for the enrollment of John W. B. Nichols (24 years of age) as a citizen by blood of the Choc-taw Nation, and for the enrollment of his wife, Bessie Nichols (18 years of age), as a citizen by intermarriage of said nation: on September 22, 1898, for the enrollment of Orin M. Nichols (44 years of age) and his four minor children, James W. (18 years of age), Maggie M. (12 years of age), Mettie Myrtle (8 years of age), and Lonie A. Nichols (4 years of age), as citizens by blood of the Choctaw Nation, and for the enrollment of his wife, Amanda M. Nichols (38 years of age), as a citizen by intermarriage of said nation; and on September 25, 1899, for the enrollment of Osa Nichols (17 years of age) as a citizen by intermarriage of the Choctaw Nation.
Applications were subsequently made for the enrollment of the following minor applicants as citizens by blood of the Choctaw Nation: On January 20, 1902, for the enrollment of Mary Ethel McCarty (born December 8, 1901); on May 31, 1906, for the enrollment of William A. McCarty (born April 21, 1904) and Ollie McCarty (born February 14, 1906); on October 13, 1900, for the enrollment of William Erman Johnston (born June 30, 1900): on October 19, 1900, for the enrollment of Minnie Gertrude Brown (born August 13, 1900): on May 16, 1901, for the enrollment of Fannie C. Brown (born February 11, 1901); on April 29, 1905, for the enrollment of Oscar Lee Johnston (born November 14, 1902); on April 29, 1905, for the enrollment of Willie Clarence Brown (born April 8, 1903): on July 12, 1902 for the enrollment of Henry Niten Brown (born May 21, 1902); on April 29, 1905, for the enrollment of Roy Lester Johnston (born October 28, 1903); on May 21, 1906, for the enrollment of Edna Arvel Johnston (born March 21, 1905); on April 14, 1905, for the enrollment of Ruble Dill Brown (born February 12, 1904); in 1899 for the enrollment of Elbert Knightington Brown (born October 8, 1899); on April 7, 1905, for the enrollment of Annie Jewell Brown (born December 2, 1902); on December 10, 1901, for the enrollment of Virgie Peck (born October 11, 1901); on April 8, 1905, for the enrollment of Prebble Peck (born February 19, 1904); on May 21, 1906, for the enrollment of Cassie Brown (born May 30, 1900) and Goldie Brown (born September 5, 1904); on April 17, 1905, for the enrollment of Nema May Scott (born May 15, 1903) and Lita Lois Scott (born February 1, 1906); on September 1, 1900), for the enrollment of Louie Herman Nichols (born August 19, 1900); on December 27, 1901, for the enrollment of Golda Ula Nichols (born September 15, 1901): on April 1, 1905, for the enrollment of Sylvie Jewel Nichols (born August 26, 1903); on April 14, 1905, for the enrollment of Cora Lee Nichols (born November 6, 1902); on April 6, 1901, for the enrollment of Daphne Myrtle Nichols (born February 20, 1901); and on May 21, 1900, for the enrollment of Teddy Golden Johnston (born, June 15, 1905.
It appears from the, records of the Commission to the Five Civilized Tribes that on September 9, 1896. In the case entitled “Nancy Cooper et al. v. Choctaw Nation” (1896 Choctaw citizenship docket, case No. 1418). original application was made to said commission, under the provisions of the act of Congress improved June 10, 1896 (29 Stat.. 321), for admission to citizenship In the Choctaw Nation of the applicants, Nancy A. Brown (as Nancy Alice Brown), Hettie McCarty (as Rebecca Elizabeth Brown), William N. Brown (as William Niten Brown), Sarah Johnston (as Sarah Elizabeth Brown), Becky Brown as Rebecca Catherine Brown), Mary Brown (as Mary Arrillie Brown), Mamie (or Minnie) Hudson (as Minnie Ann Brown), Alice Brown, George Brown (as George Montgomery Brown), Caswell M. Brown, Maudie Brown (as Mandy K. Brown), Willie Brown (as William G. Brown), Polly A. Peck (as Polly Ann Peck), Florence Peck (as Minnie F. Peck), Oscar Peck (as Oscar S. Peck), Benjamin Peck (as Benjamin G. Peck), Andrew Peck, George G. Brown, Willie Emma Brown, James B. Nichols (as James Bruten Nichols), Delia May Scott (as Marv Delia May Nichols), Nancy V. Nichols (as Nannie Velma, Nichols), John W. B. Nichols (as John William Bethuel Nichols), Orin M. Nichols (as Orrin Maybery Nichols), James W. Nichols (as James Willis Nichols), Maggie M. Nichols (as Maggie May Nichols), Mettie Myrtle Nichols, Lonie A. Nichols (as Lona Alta Nichols) as citizens by blood of said nation, and for the admission of William B. Brown, Nancy J. Brown (as Nancy June Brown), Amanda Brown, Andrew J. Peck (as A. J. Peck), Sarah Brown, Nancy C. Nichols (as Nancy Caroline Nichols), and Amanda M. Nichols (as Amanda Melvina Nichols) as citizens by Intermarriage of said nation: and that on December 8, 18966, said commission rendered its decision therein, denying the application of the above-named applicants for enrollment as citizens of the Choctaw Nation.
From this decision of said commission au appeal was taken to the United States court for the southern district of Indian Territory, which court, on December 27, 1897, in the case entitled “Nancy J. Cooper et al. v. Choctaw Nation” (southern district citizenship case No. 96), admitted Nancy A. Blown (as Nancy Alice Brown), Bettie McCarty (as Bettie Brown), Sarah Johnson (as Sarah Brown), Becky Brown, Mary Brown, Mamie (or Minnie) Hudson (as Mamie Brown), Alice Brown, George Brown, Susie Brown, Caswell M. Brown (as Caswell Marion Brown), Maudie Brown, Willie Brown, Polly A. Peck (as Polly Ann Peck), Florence Peck, Oscar Peck, Benjamin Peck (as Benjamin Grant Peck), Andrew Peck, George G. Brown, Willie Emma Brown, James B. Nichols (as James Bruton Nichols), Delia May Scott (as Dell May Nichols), Nancy V. Nichols (as Nancy Velmor Nichols), Orin M. Nichols (as Orin Mayberry Nichols), James W. Nichols (as James Willis Nichols), Maggie M. Nichols (as Maggie May Nichols), Mettie Myrtle Nichols (as Myrtle Nichols), and Lonie A. Nichols (as Louie Alta Nichols), as citizens by blood of the Choctaw Nation, and William B. Brown (as William Bluford Brown), Andrew J. Peck (as Andrew Jackson Peck), and Nancy C. Nichols (as Nanny Caroline Nichols), as citizens by intermarriage of said nation, and denied the applications for the admission of Nancy J. Brown (as Nancy Jane Brown), Sarah Brown, and Amanda M. Nichols (as Amanda Melvina Nichols), as citizens by Intermarriage of the Choctaw Nation. The name of the applicant, Susie Brown, was interpolated in the judgment of said court, she not having been an applicant before the Commission to the Five Civilized Tribes in 1896.
On March 18, 1898, said case again, came before said court upon a motion of the plaintiff’s attorneys to correct the Judgment of said court rendered December 20, 1897, and the court thereupon ordered said judgment corrected so as to admit the applicants. Nancy J. Brown (as Nancy Jane Brown), Sarah Brown, Amanda M. Nichols (us Amanda Melvina Nichols), as citizens by intermarriage of the Choctaw Nation.
On September 28, 1898, said court rendered a supplemental judgment admitting Amanda Brown as a citizen by intermarriage of the Choctaw Nation.
On January 17, 1899, this cause again came before said court upon a motion of the defendant to strike out of the Judgment theretofore rendered certain names improperly admitted to citizenship, and said court being fully advised, ordered that the following names, Susie Brown, Andrew J. Peck (as Andrew Jackson Peck), Bettie McCarty (as Bettie Brown), and Becky Brown be stricken from said former judgment.
Subsequently, upon the representation of the plaintiffs’ attorneys that certain persons who were original applicants were by oversight or mistake left out of the original judgment theretofore rendered, the court ordered that the applicants, Nancy J. Brown (as Nancy Jane Brown), Sarah Brown, Amanda Brown, Amanda M. Nichols, and Rebecca R. Brown be admitted to citizenship in the Choctaw Nation.
It further appears from the records of said commission that on December 17, 1902, the Choctaw and Chickasaw Citizenship Court, created under the provisions of the act of Congress approved July 1, 1902 (32 Stats. 641). “set aside, annulled, vacated, and held for naught” the aforesaid Judgment of the United States Court for the Southern District of Indian Territory.
Thereafter the record in the above case was certified to the Choctaw and Chickasaw Citizenship Court for a trial de novo, which court, on November 29, 1904, in the case entitled “William Neighton Brown et al. v. Choctaw and Chickasaw Nations” (Choctaw-Chickasaw Citizenship Court Case No. 73, Tishomingo docket), “ordered, adjudged, and decreed that the petition of the plaintiffs, William Neighton Brown (or William Knighton Brown), Caswell Marion Brown, Polly Ann Peck (nee Brown), George G. Brown for George G. Brown), Noney Ellis Brown (or Noney Alice Brown), Sarah Brown, Mary Brown, Momie Brown for Mamie Brown), Alice Brown, George Brown, Mondie Brown (or Maudie Brown), Willie Brown, Florence Peck, Oscar Peck, Benjamin Grant Peck, Andrew Peck, William Emma Brown (or Willie Emma Brown), James Burton Nichols (or James Bruton Nichols), Oney Mayberry Nichols (or Orin Mayberry Nichols), John William Beffle Nichols, Delia May Nichols, Nancy Velmor Nichols, James Willis Nichols, Maggie May Nichols, Myrtle Nichols, Lonie Alta Nichols, William Buford Brown, Nancy Caroline Nichols, Rebecca K. Brown (or Becky Brown), Rebecca C. Brown (or Rebecca Brown), Amanda Melvina Nichols, Amanda Brown, Nancy J. Brown (or Nancy Jane Brown), Sarah Brown, be denied, and that they be declared not citizens of the Choctaw Nation, and not entitled to enrollment as such citizens, and not entitled to any rights whatever flowing there from.”
On December 12, 1904, orders were entered of record by the Commission to the Five Civilized Tribes dismissing the applications for the enrollment of Mary K. McCarty, William Erman Johnston, Minnie Gertrude Brown, Henry Niten Brown, Elbert Knightington Brown, Otis Dewey Peck, Virgie Peck, Louie Herman Nichols, and Golda Ula Nichols as citizens by blood of the Choctaw Nation, and on March 18, 1905, an order was entered of record dismissing the application for the enrollment of Fannie C. Brown as a citizen by blood of said nation. All of said applicants were dismissed for the reason that their parents through whom they claim their rights to enrollment as citizens by blood of the Choctaw Nation, had been denied by a decree of the Choctaw and Chickasaw Citizenship Court.
On December 12, 1004, orders were entered of record by the Commission to the Five Civilized Tribes dismissing the applications for the enrollment of Eli W. Brown, Bessie Nichols, and Osa Nichols us citizens by intermarriage of the Choctaw Nation, for the reason that the persons through whom they claim their rights had also been, denied by a decree of the Choctaw and Chickasaw Citizenship Court.
On March 30, 1905. the Commission to the Five Civilized Tribes denied the application for the enrollment of Susie Brown as a citizen by blood of the Choctaw Nation, and on April 6, 1906 (I. T. D., 3810-1905), the department set aside said decision of the commission and returned the record to this office for a full investigation upon its merits.
Under the regulations adopted by the Commissioner to the Five Civilized Tribes of January 2, 1906, there was filed on February 6, 1906, by Cruce, Cruce & Bleakmore, of Ardmore, Ind. T., attorneys for the petitioners, petitions praying that William B. Brown, Nancy A. Brown, Minnie Hudson, Sarah Johnston, Oscar Lee Johnston, William Erman Johnston, Rebecca Brown, Minnie Gertrude Brown, Henry Niten Brown, Ruble Dill Brown, Eli W. Brown, Mary A. Johnston, Roy Lester Johnston, Edna A. Johnston, Rebecca McCarty, William A. McCarty, Mary E. McCarty, William N. Brown, Nancy Jane Brown, George Brown, Alice Brown, Susie Brown, Cletus Brown, Clarence Brown, A. J. Peck, Polly Ann Peck, Minnie Peck, Oscar Sherman Peck, Benjamin Grant Peck, Andrew Peck, O. D. Peck, Virgie Peck, Prebble Peck, C. M. Brown, Amanday Brown, Maudy Brown, William Brown, Elbert K. Brown, Annie Jewel Brown, George G. Brown, Sarah Brown, Willie Emma Brown, Cassie Brown, Goldie Brown, J. B. Nichols, Nancy Nichols, Belma Nichols, John W. P.. Nichols, Bessie Deaton Nichols, Louie Herman Nichols, Golden Eula Nichols, Silva Jewel Nichols, Delia May Scott, Nema Scott, Orin M. Nichols, Amanda Nichols, Myrtle Nichols, Lonie Nichols, James W. Nichols, Osa Nichols, Cora Lee Nichols, and Maggie Angel be enrolled as citizens of the Choctaw Nation.
All of the above petitioners, with the exception of Ollie McCarty, Lira Lois Scott, Daphne Myrtle Nichols, and Teddy Golden Johnston, are identical with the applicants for whom application has been made for enrollment as citizens of the Choctaw Nation.
On April 16, 1906, the principal petitioners, their attorneys, Cruce, Cruce & Bleakmore, of Ardmore, Ind. T., and Messrs. Mansfield, McMurray & Cornish, attorneys for the Choctaw and Chickasaw Nations, of South McAlester, Ind. T., were advised that the Commissioner to the Five Civilized Tribes would at his office at Muskogee, Ind. T., on Monday, May 14, 1906, at 9 o’clock a. m.. hear such testimony and receive such other evidence as might be submitted by the petitioners in support of their applications for enrollment as citizens of the Choctaw Nation, and by the attorneys for the Choctaw and Chickasaw Nations.
On April 10, 1906, William N. Brown, father of Susie Brown; Cruce, Cruce & Bleakmore, attorneys for said Susie Brown: and Mansfield, McMurray & Cornish, attorneys for the Choctaw and Chickasaw Nations, were advised that on April 6, 1906, the department set aside the derision rendered by the commission on March 30, 1905, and returned the record in said case with instructions that a full investigation be made of the rights of said Susie Brown to enrollment as a citizen by blood of the Choctaw Nation: that the testimony of creditable witnesses be required showing her Choctaw blood, if any, the time and place of her birth, her various residences, her ancestors, the privileges, if any, enjoyed by her and her parents as citizens of the Choctaw Nation, and notified that the Commissioner to the Five Civilized Tribes would at his office at Muskogee, Ind. T., on Monday, May 14, 1906 at 9 o’clock a. m., hear such testimony and receive such other evidence as might be submitted in support of said application, investigation to be conducted along the lines indicated by department letter above referred to.
On motion of attorney for applicants, the hearing in the matter of the above application was continued on April 20, 1906, to May 21, 1906.
On May 21, 1906, proceedings were had in the matter of said applications in pursuance to the notices above mentioned.
It appears from the record herein that the applicants, William N. Brown, Caswell M. Brown, Polly Ann Peck, George G. Brown, Nancy A. Brown, and Bettie McCarty, are the children of the principal applicant, William B. Brown, and Rebecca Cooper (now deceased), who is alleged to have been a Choctaw Indian and the daughter of William Cooper, who was the son of Johnny Cooper, an alleged Choctaw Indian, who resided near the line between the States of Tennessee and Mississippi; that Sarah Johnston, Becky Brown, Mary Johnston, Minnie (or Minnie) Hudson, Alice Brown, George Brown, Susie Brown, Fannie C. Brown, and Willie Clarence Brown are the children of the applicants, William N. Brown and Nancy J. Brown (the latter an applicant for intermarried rights); that William Erman, Oscar Lee, and Teddy Golden Johnston are the children of the applicant, Sarah Johnston, and J. A. Johnston, a noncitizen: that Minnie Gertrude, Henry Niten, and Ruble Dill Brown are the children of the applicants, Becky Brown and Eli W. Brown (the latter an applicant for intermarried rights): that Roy Lester and Edna Arvel Johnston are the children of the applicant, Mary Johnston, and Jace J. Johnston, a noncitizen; that Maudie, Willie, Elbert Knightington, and Annie Jewell Brown are the children of the applicant, Caswell M. Brown, and Amanda Brown (the latter an applicant for intermarried rights): that Florence, Oscar, Benjamin Andrew, Otis Dewey, Virgie and Prebble Peck are the children of the applicant, Polly Ann Peck and Andrew J. Peck (the latter an applicant for intermarried rights): that Willie Emma, Cassie, and Goldie Brown are the children of the applicants, George G. Brown and Sarah Brown (the latter an applicant for intermarried rights) ; that Mary Ethel, William A., and Ohie McCarty are the children of the applicant, Bettie McCarty, and Oliver McCarty, a noncitizen: that James B. Nichols and Orin M. Nichols are the children of Wilson Nichols (now deceased), a noncitizen, and Delitha Cooper (now deceased), who is alleged to have been a Choctaw Indian and the daughter of John Cooper, above referred to: that John W. B. Nichols, Delia May Scott, and Nancy V. Nichols are the children of the applicant, James B. Nichols, and Nancy C. Nichols (the latter an applicant for intermarried rights); that Louis Herman, Golda Ula, and Sylvie Jewel Nichols are the children of the applicant, John W. B. Nichols, and Bessie Nichols (the latter an applicant for intermarried rights): that Nema May and Lita Lois Scott are the children of the applicant, Delia May Scott, and Burris Scott, a noncitizen: that James W., Maggie M., Nettie Myrtle, and Louie A. Nichols are the children of the applicant, Orin M. Nichols, and Amanda M. Nichols (the latter an applicant for intermarried rights); and that the applicants, Cora Lee and Daphne Myrtle Nichols, are the children of the applicants, James W. Nichols and Osa Nichols (the latter an applicant for intermarried rights).
The applicant, William B. Brown, claims his right to citizenship in the Choctaw Nation by the virtue of his marriage on February 10, 1858, under the laws of the State of Arkansas, to Becky Cooper (now deceased); that Nancy Brown claims her right to enrollment as a citizen by intermarriage by virtue of her marriage to the applicant, William N. Brown, on September 21, 1870; that Eli W. Brown claims his right to enrollment us a citizen by intermarriage by virtue of his marriage on August 21, 1899 under the laws, customs, and usages of the Chickasaw Nation to the applicant, Becky Brown, both of said applicants being at said time residents in good faith of the Chickasaw Nation: that Amanda Brown claims her right to enrollment as a citizen by intermarriage by virtue of her marriage on December 2, 1886, to the applicant, Caswell M. Brown: that Andrew J. Peck claims his right to enrollment as a citizen by intermarriage by virtue of his marriage on December 15 1887, under the laws of the State of Arkansas, to the applicant, Polly A Peck; that Sarah Brown claims her right to enrollment as a citizen by intermarriage by virtue of her marriage to George G. Brown on June 9, 1895: That the applicant, Nancy C. Nichols claims her right to enrollment as a citizen by intermarriage by virtue of her marriage to the applicant, James B. Nichols, on March 9, 1873: that the applicant, Bessie Nichols, claims her right to enrollment as a citizen by Intermarriage by virtue of her marriage on September 11, 1898, to the applicant, John W. B. Nichols: that Amanda M. Nichols claims her right to enrollment as a citizen by intermarriage by virtue of her marriage on October 20, 1878, to the applicant, Orin M. Nichols: and that Osa Nichols claims her right to enrollment as a citizen by intermarriage by virtue of her marriage on April 27, 1899, to the applicant, James W. Nichols.
It does not appear from the records herein or from the records in the possession of this office that the applicant, Andrew J. Peck, has ever been admitted to Choctaw citizenship by a duly constituted court or committee of the Choctaw Nation, nor has said applicant ever been married to Polly Ann Peck, through whom he claims his intermarried rights, by virtue of a license issued by the tribal authorities of either the Choctaw or Chickasaw Nation.
At the hearing before the Commissioner to the Five Civilized Tribes on May 21, 1906, William N. Brown, Caswell M. Brown, James B. Nichols, and Orin M. Nichols testified that in 1894 they, together with the other applicants herein who were living at said time, petitioned the Choctaw Council for admission as citizens of the Choctaw Nation: that no action having been taken thereon they, in 1896, appeared before the Choctaw census commission and made application to be enrolled upon the 1896 Choctaw census roll: and that some time in January, 1897, they received a certificate from the secretary of the Choctaw revisory board, wherein it appeared that they had been enrolled upon the 1896 Choctaw census roll. Said applicants further testified that prior to 1896 they had been permitted to issue permits for their tenants, held lands, and were not subject to any tribal tax which was due from all noncitizens who were engaged in the mercantile business.
On June 4, 1906, John H. Gamblin testified that he was acquainted with the applicants herein, and that in October 1894, he having business before the Choctaw Council, presented on behalf of the applicants herein, who were living at that time, a petition praying that they be admitted as citizens of the Choctaw Nation, and that he does not know what action, if any, was ever taken thereon.
Upon an examination of the tribal rolls of the Choctaw Nation in the possession of this office, it appears that the applicants, William B. Brown, William N. Brown, Nancy J. Brown, Caswell M. Brown, Amanda Brown, Polly Ann Peck, Andrew J. Peck, George G. Brown, Sarah Brown, Nancy A. Brown, Bettie McCarty, Sarah Johnston, Becky Brown, Mary Johnston, Mamie (or Minnie) Hudson, Alice Brown, George Brown, Susie Brown, Maudie Brown, Willie Brown, Florence Peck, Oscar Peck, Benjamin Peck, Andrew Peck, James B. Nichols, Nancy C. Nichols, Orin M. Nichols, Amanda M. Nichols, John W. B. Nichols, Delia May Scott, Nancy V. Nichols, James W. Nichols, Maggie M. Nichols, Mettie Myrtle Nichols, and Louie A. Nichols, are identified upon the 1896 Choctaw census roll, opposite numbers 1688, 1691, 1692, 1701, 1702, 10318, 10517, 1705, 1706, 1689, 1690, 1693, 1694, l695, 1096, 1697, 1698, 1699, 1703, 1704, 10519, 10520, 10521, 10522, 9803, 9808, 9812, 9813, 9800, 9810, 9811, 9814, 9815, 9816, and 9817 respectively.
It further appears, from the record herein that all of the applicants that were living on, June 28, 1898, were vestments in good faith of the Indian Territory on said date.
The evidence, in this case further shows that the applicant. Daphne Myrtle Nichols, died on June 27, 1901.
I am of the opinion that in accordance with the opinions of the Assistant Attorney General for the Department of the Interior of February 10, 1905 (I. T. D. 10359-1904), and December 8, 1905 (I. T. D. 3693-1905). in the case of Lula West, the action of the Commission to the Five Civilized Tribes, and the subsequent action of the United Stales Court for the Southern District of Indian Territory and the Choctaw and Chickasaw citizenship court, upon the right of the applicants who applied to the Commission to the Five Civilized Tribes in 1896, with the exception of Andrew J. Peck, was without authority of law and of no force and effect upon the status of said applicants as citizens of the Choctaw Nation.
I am further of the opinion that the orders of the Commission to the Five Civilized Tribes of December 12, 1904 and March 18, 1905, dismissing the applications for the enrollment of Mary E. McCarty, William Erman Johnston, Minnie Gertrude Brown, Fannie C. Brown, Henry Niten Brown, Elbert Knightington Brown, Otis Dewey Peck, Virgie Peck, Louis Herman Nichols, and Golda Ula Nichols as citizens by blood of the Choctaw Nation, and Eli W. Brown, Bessie Nichols, and Osa Nichols as citizens by intermarriage of the Choctaw Nation, should be rescinded.
I am further of the opinion that In accordance with the opinions of the Assistant Attorney General for the Department of the Interior of March 3, l905 (I. T. D.. 187-1905), and March 10, 1906 (I. T. D. 9968-1905). Nancy A. Brown, Bettie McCarty, Mary Ethel McCarty, William N. Brown, Sarah Johnston, Becky Brown, Mary Johnston, Mamie (or Minnie) Hudson, Alice Brown, George Brown, Susie Brown, William Erman Johnston, Minnie Gertrude Brown, Henry Niten Brown, Fannie C. Brown, Caswell M. Brown, Maudie Brown, Willie Brown, Elbert Knightington Brown, Polly A. Peck, Florence Peck, Oscar Peck, Benjamin Peck, Andrew Peck, Otis. Dewey Peck, Virgie Peck, George G. Brown, Willie Emma Brown, James B. Nichols, Delia May Scott. Nancy V. Nichols, John W. B. Nichols, Louie Herman Nichols, Golda Ula Nichols, Orin M. Nichols, James W. Nichols, Maggie M. Nichols, Mettie Myrtle Nichols and Lonie A. Nichols should be enrolled as citizens by blood of the Choctaw Nation, under the provisions of the acts of Congress approved June 28, 1898 (30 Stats.. 495), and July 1, 1902 (32 Stats., 641), and it is so ordered.
I am further of the opinion that William B. Brown, Nancy Brown, Ell W. Brown, Amanda Brown, Sarah Brown, Nancy C. Nichols, Bessie Nichols, Amanda M. Nichols, and Osa Nichols should be enrolled as citizens by intermarriage of the Choctaw Nation under the provisions of the acts of Congress approved June 28, 1898 (30 Stats. 495), and July 1, 1902 (32 Stats.. 641). and It is so ordered.
I am further of the opinion that the application made for the enrollment of Andrew J. Peck as a citizen by intermarriage of the Choctaw Nation should be denied under the provisions of the act of Congress approved June 28, 1898 (30 Stats., 495), and it is so ordered.
I am further of the opinion that William A. McCarty, Ollie McCarty, Oscar Lee Johnston, Willie Clarence Brown, Roy Lester Johnston, Edna Arvel Johnston, Teddy Golden Johnston, Rubie Dill Brown, Annie Jewell Brown, Prebble Peck, Cassie Brown, Goldie Brown, Nema May Scott, Lita Lois Scott, Sylvie Jewel Nichols, and Cora Lee Nichols should be enrolled as citizens by blood of the Choctaw Nation under the provisions of the act of Congress approved April 26, 1906 (PublicNo. 129), and it is so ordered.
I am further of the opinion that the application made for the enrollment of Daphne Myrtle Nichols as a citizen by blood of the Choctaw Nation should be dismissed, and it s so ordered.
Tams Bixby, Commissioner
Muskogee Ind, T., August 13, 1906