Robert Goins Et Al., Choctaw.
Commission, No. 55. United States court, No. 127. Citizenship court, No. 31-T.
On the 1874 census roll of Kiamitia County appear the names of Henry, William, and James Goins, together with their children, unnamed, as Choctaws by blood.
Record
September 9, 1896. Original application for the enrollment of Robert Goins and 99 others, all claiming to be the children and grandchildren of Jeremiah Goins, a half-blood Choctaw and a recognized member of the Choctaw Nation in Mississippi, was filed with the commission, and evidence in support thereof, consisting of numerous affidavits, submitted.
The record shows that Jeremiah Goins was a mixed-blood Choctaw. possessing somewhere between one-half and seven-eighths Choctaw blood; that his father was Philip Goins, his mother. Oti. Philip Goins was about three-quarters Choctaw, while Oti was a full blood. Jeremiah Goins and his family were members of the Choctaw Nation in Mississippi in 1830. At an early day (the exact date is not given) lie moved to Texas, and later lived and died in Atoscosa County, Tex. The record shows that he was one of the frontiersmen alternating between the Choctaw Nation and Texas; that he was always acknowledged by those who knew him to be a Choctaw Indian; that he acted as an interpreter in proceedings in which Choctaws appeared.
David Reynolds, 78 years old and a resident of Atoscosa County. Tex., testifies:
I was present when he Jeremiah Goins proved himself by white man and Indians that he was a Choctaw Indian at Nacogdoches County in Texas, in 1848, in the latter part of August.
While the record is not clear, it would appear that in some court proceedings the question as to whether or not Jeremiah Goins and his family were Choctaw Indians was at issue, and the court adjudged them Choctaw Indians. There is no more specific reference to the court proceedings.
It further appears that Jeremiah Goins died in Atoscosa County, Tex. Jeremiah Goins married Shorpine Drake, and as a result of said union the following children were born: Henry Goins (now deceased), Ranson Goins, Seaborn Goins (now deceased), Robert Goins, James Goins, Raborn Goins, Reuben Goins, Jerry Goins, Eveline Goins. Caroline Goins, Adeline Goins, Emily Goins, and Mary Goins.
On August 20, 1896, the following children of Jeremiah Goins resided with their families in the Choctaw and Chickasaw Nations, where some of them had lived for many years: Henry Goins’s family (he being deceased), Ranson Goins, Caroline Morris (nee Goins), Robert Goins, Adeline Mulkey (nee Goins), Cherokee Nation; Reuben Goins, Jerry Goins, and Mary Southland (nee Goins).
The above persons and their children are claimants herein.
On the 1874 census roll of Kiamitia County appear the names of Henry, James, and William Goins and their children, unnamed, as Choctaws by blood. James and Henry Goins were children of Jeremiah Goins, while William is a grandson of Jeremiah Goins.
The record conclusively establishes the relationship of all the claimants to Jeremiah Goins.
October 9, 1896. The attorneys for the nations, Stuart, Gordon & Hailey, filed with the commission the answer of the Choctaw Nation to the petition of claimants, in which it is stated:
There is no evidence to show that this claim bus ever been disputed by the Choctaw Nation.
No evidence was offered by the nations.
December 1, 1890. Application denied by commission. No decision; merely stamped “Denied.”
From the decision of the commission appeal was taken to the United States Court for the Southern District, Indian Territory, at Ardmore, record before the commission was transmitted and made part of the record before the court. Additional testimony was taken before the master. Attorneys for the nations were present and examined witnesses. No evidence was offered by the nations.
December 21, 1897. Decree entered admitting the following persons: Robert Goins, Elizabeth Goins, Seaborn Goins, Calvin Goins, Caroline Goins, John Goins, Elizabeth Goins, Minerva Goins, William Henry Goins, Samantha Goins, James Goins, James Goins, jr., Randolph Goins, Lizzie Goins, Rayborn Goins, Thomas L. Goins, William Goins, Collin Goins, Eli Goins, Rayborn Goins, Campbell Goins, Martha Margaret Goins, Missouri E. Goins, Amanda May Goins, Dinkey Goins, Reuben Goins, Mary Goins, Cordelia Goins, Jeremiah Goins, Jr., Monroe Goins, William Goins, Frank Goins, Leonard Goins, Mrs. Evaline Paddieo, Reuben Paddieo, John Paddieo, Evaline Paddieo, Martha Paddieo, Tasso Paddieo, James Paddieo, Amanda Paddieo, Jerry M. Morris, G. W. Morris, Spencer W. Morris, jr., Sarah Morris, Kansas Morris, Mrs. Emily Perrice. G. W. Nevils, Ike Perrice, Josephine Perrice, Mary Perrice, Anna Perrice, Alzona Perrice, Caroline Perrice, Mrs. Mary Southward, W. C. Southward, William M. Southward, Elizabeth Southward, John F. Southward, James Marion Southward, Jessie Myrtle Southward, Maggie May Southward, James Melton Gardner, Margaret Lugene Gardner, Manda Eldora Gardner, Cora Lee Gardner, J. M. Gardner, Ebenezer S. Morris, Gertrude E. Morris, Jesse W. Morris, Jesse Coleman Morris, Augusta B. Morris, Wilmuth Morris, Nora Lee Morris, Mollie Morris, Cora May Morris, Kansas Viola Morris, Frank C. Jones, James Jones, Jesse Jones, Gypsie Jones, Frank C. Jones, Ignatia Marjories, Susie Marjories, Reams Marjories, Joe Perrice, Ignatia Perrice, jr., Eugene Dias, Albert Dias, Clara Androda, Christoval Androda, Mrs. Josephine Priest, Adella Taylor, Pearline Taylor, Anzo Taylor, William Martin Taylor, Josephine Taylor, and Clara Taylor.
Certified copy of decree hereto attached, marked ” Exhibit A.”
December 17, 1902. Decree of United States court vacated by decree of citizenship court in “test case.”
March 3, 1903. Case transferred to citizenship court for trial de novo.
May 20, 1904. Mr. Herbert, attorney for claimants, moved the court for leave to dismiss the case.
May 31, 1904. Motion denied. No additional testimony offered. Record before the commission and United States court offered and rejected as not admissible in evidence. No record of briefs filed or arguments made. No opinion.
June 29, 1904. Decree entered denying all claimants.
On September 23, 1898, and at various dates thereafter, applications were duly made to the commission within the time prescribed by law for the enrollment of children of those persons admitted to citizenship by decree of United States court, and whose names do not appear in said decree. They are: Leroy Goins, Albert Goins, Georgia Goins, Paul Goins, Minneola Goins, Henry Goins, Jewel Goins, Starley May Goins, Jesse Goins, Clarence E. Goins, Sarah W. Goins, Nellie Goins, Lula Goins, Tomer A. Goins, Henry A. Goins, William B. Goins, Allie May Goins, General Jackson Hinkle, Bessie M. Jones, Flora Leona Jones, Buel Bradford Jones, Frank Delmer Jones, James I. Paddieo, Eugene Paddieo, John L. S. Cox, Eva Paddieo, Josie Paddieo, William Adolphus Ramsey, Effie S. Southward, Susan Southward, Edith Southward, William W. Morris, Lula Mamie Morris, Andrew J. Dorn, Tommy O. Dorn, Robert A. Dorn, Lenora May Laxton, Maggie Edwards, Roy Edwards, Elizabeth Martinez, Alzina Martinez, Ira Padier, Seborn Goins, Nellie Marjories, Manuel Marjories, jr., Fred Lee Marjories, Ida Goins, Ruby Viola Goins, Joseph Goins, Conception Perrice (or Peres), Ella Perrice, and Stella Perrice.
In September 1904, the applications for enrollment of the above children were denied by the commission, for the reason that, as stated in one of the opinions:
The right of the applicants’ father, John H. Goins, to citizenship in the Choctaw Nation having been adversely determined by a decree of the Choctaw and Chickasaw citizenship court June 29, 1904. in case No. 31, upon the Tishomingo docket of said court, it is hereby ordered that application of for enrollment as citizens by blood of the Choctaw Nation be dismissed.
September 15, 1904. Case closed.
April 22, 1909. Indian Office requests report as to right to enrollment of claimants.
April 30, 1909. Report of commissioner to Indian Office.
June 3, 1909. Department holds this case not analogous to Goldsby case, as the names of claimants herein were never on any schedule approved by the Secretary and subsequently stricken there from without notice to claimants, and declines to enroll applicants, as the Secretary is without authority of law to do so.
Statement by Counsel for Claimants
There is not one line of evidence offered in this case before any tribunal by the nations. The proof of blood, residence, and tribal affiliation of claimants covering more than 50 pages of typewriting stands uncontradicted. Those entitled to enrollment are: Robert Goins, Elizabeth Goins, Seborn Goins, Calvin Goins, Caroline Goins, John Goins, Elizabeth Goins, Minerva Goins, William Henry Goins, Samontha Goins, James Goins, James Goins, jr., Randolph Goins, Lizzie Goins, Rayborn Goins, Thomas L. Goins, William Goins, Collin Goins. Eli Goins’, Rayborn Goins, Campbell Goins, Martha Margaret Goins, Missouri E. Goins, Amanda May Goins, Dinkey Goins, Reuben Goins, Mary Goins, Cordelia Goins, Jeremiah Goins, jr., Monroe (Joins. William Goins, Frank Goins. Leonard Goins, Mrs. Evaline Paddieo, Reuben Paddieo, Tasso Paddieo, John Paddieo, Evaline Paddieo, Martha Paddieo, James Paddieo, Amanda Paddieo, Jerry M. Morris, G. W. Morris, Spencer W. Morris, jr., Sarah Morris, Kansas Morris, Mrs. Emily Perrice, G. W. Nevils, Ike Perrice, Josephine Perrice, Mary Perrice, Anna Perrice, Alzona Perrice. Caroline Perrice, Mrs. Mary Southward, W. C. Southward. William M. Southward, Elizabeth Southward, John F. Southward, James Marion Southward, Jessie Myrtle Southward, Maggie May Southward. James Melton Gardner, Margaret Lugene Gardner, Manda Eldora Gardner, Cora Lee, Gardner, J. M. Gardner, Ebenezer S. Morris, Gertrude E. Morris, Jesse W. Morris, Jesse Coleman Morris, Augusta B. Morris, Wilmuth Morris, Nora Lee Morris, Mollie Morris, Cora May Morris, Kansas Viola Morris, Frank C. Jones, James Jones, Jesse Jones, Gypsie Jones, Frank C. Jones, Ignatia Marjories, Susie Marjories, Reams Marjories, Joe Perrice, Ignatia Perrice. jr.. Eugene Dias, Albert Dias, Clara Androda, Christoval Androda, Mrs. Josephine Priest, Adella Taylor, Pearline Taylor, Anzo Taylor, William Martin Taylor, Josephine Taylor, Clara Taylor, Leroy Goins, Albert Goins, Georgia Goins, Paul Goins, Minneola Goins, Henry Goins, Jewel Goins, Starley May Goins, Jesse Goins, Clarence G. Goins, Sarah W. Goins, Nellie Goins. Lula Goins, Tomer A. Goins, Henry A. Goins, William B. Goins, Allie May Goins, General Jackson Hinkle, Bessie M. Jones, Flora Leona Jones, Buel Bradford Jones, Frank Delmer Jones, James I. Paddieo, Eugene Paddieo, John L. S. Cox, Eva Paddieo, Josie Paddieo, William Adolphus Ramsey, Effie S. Southward, Susan Southward, Edith Southward, William W. Morris, Lula Mamie Morris, Andrew J. Dorn, Tommy O. Dorn, Robert A. Dorn, Lenora May Laxton, Maggie Edwards, Roy Edwards, Elizabeth Martinez, Alzina Martinez, Ira Padier, Seborn Goins, Nellie Marjories, Manuel Marjories, jr.. Fred Lee Marjories, Ida Goins, Ruby Viola Goins, Joseph Goins, Conception Perrice (or Peres), Ella Perrice, and Stella Perrice.
Respectfully submitted.
Ballinger & Lee and Walter S. Field.
Exhibit A.
Copy of order of court
United States of America, Indian Territory. Southern District, ss:
In the United States court in the Indian Territory, Southern District, at a term thereof begun and held at Ardmore, in the Indian Territory, on the l5th day of November. A. D. 1897.
Present: The Hon. Hosea Townsend. judge of said court.
The following order was made and entered of record, to wit:
Robert Goins et al. v. No. 127, The Choctaw Nation. Judgment
At this time come on to be heard the report of the master in chancery, filed herein June 23. 1897, and at the same time come the applicants by-their attorneys; and it appearing to the court that the applicants herein through their attorneys have excepted to the report of said master in chancery, wherein he recommends that those of the applicants who are nonresidents of the Indian Territory be denied the right to have their names enrolled as members of the tribe of Choctaw Indians, and the court, after hearing said exceptions and being fully advised in the premises, is of the opinion that said exceptions be, and the same are hereby, sustained ; and it appearing to the court from the report of said master and from the evidence filed herein that all of the applicants are members of the tribe of Choctaw Indians;
It is therefore considered, adjudged, and decreed by the court that Robert Goins and his wife. Elizabeth Goins, and Seaborn Goins, Calvin Goins, Caroline Goins, John Goins, Elizabeth Goins. Minerva Goins. William Henry Goins, and Samontha Goins. the children of Henry Goins, deceased, and James Goins and his children, James Goins. jr., and Randolph Goins and Lizzie Goins; and Rayborn Goins and children, Thomas L. Goins, William Goins, Collin Goins, Eli Goins, Rayborn Goins, Campbell Goins, Martha Margaret Goins. Missouri E. Goins, Amanda May Goins, and Dinkey Goins, and Reuben Goins, and children. Mary Goins, and Cordelia Goins. and Jeremiah Goins. jr., and children, Monroe Goins, William Goins, Frank Goins, and Leonard Goins and Mrs. Evaline Paddieo and her children, Reuben Paddieo, Tasso Paddieo, John Paddieo, Evaline Paddieo, Martha Paddieo, James Paddieo, and Amanda Paddieo, and the children of Caroline Morris, whose maiden name was Caroline Goins, to wit. Jerry M. Morris, G. W. Morris, Spencer W. Morris, jr.. Sarah Morris, and Kansas Morris, and Mrs. Emily Penice, and G. W. Nevils, her son by her first husband, William M. Nevils, and her children by her second husband. Antonio Perrice, to wit, Ike Perrice, Josephine Perrice, Mary Perrice, Anna Perrice, Alzona Perrice, and Caroline Perrice, and Mrs. Mary Southward and her husband, W. C. Southward, and their children, William M. Southward, Elizabeth Southward, John F. Southward, James Marion Southward, Jessie Myrtle Southward and Maggie May Southward, and the children of Sallie Goins, who married J. M. Gardner, viz. James Melton Gardner, Margaret Lugene Gardner, Manda Eldora Gardner, and Cora Lee Gardner, and the said J. M. Gardner, and the children of J. M. Morris, who was a son of Caroline Morris, viz. Ebenezer S. Morris, Gertrude E. Morris, Jesse W. Morris, Jesse Coleman Morris, and Augusta B. Morris, and the children of G. W. Morris, viz. Wilmuth Morris, Nora Lee Morris, Mollie Morris, Cora May Morris, and Kansas Viola Morris, and the children of Sallie Morris, who married Frank C. Jones, viz. Frank C. Jones, James Jones, Jesse Jones, and Gypsie Jones, and the said Frank C. Jones, and the children of Josephine Marjories, who was a daughter of the said Emily Perrice, viz, Iguathia Marjories, Susie Marjories, and Reams Marjories, and the children of Ike Perrice, who was a son of Emily Perrice, viz. Joe Perrice and Ignatia Perrice, Jr.. and the children of Mary Dias. who was a daughter of Emily Perrice, to wit. Eugene Dias and Albert Dias, and the children of Anna Androda, a daughter of Emily Perrice, to wit, Clara Androda and Chrlstoval Androda, and the grandchildren of Jeremiah Goins, to wit, Mrs. Josephine Priest and her children by her former husband, namely, Adella Taylor, Pearline Taylor, Anzo Taylor, William Martin Taylor, Josephine Taylor, and Clara Taylor are all members of the Choctaw Tribe of Indians and as such are entitled to have their names enrolled as members of said tribe of Choctaw Indians by blood, except as to the said W. C. Southward, who is a member of said tribe by intermarriage, and Elizabeth Goins, the wife of Robert Coins, who is a member of said tribe by Intermarriage.
It is further considered, adjudged, and decreed by the court that the Choctaw Nation, the defendant, pay all costs in this behalf expended and incurred, for which execution may issue.
It is further considered, adjudged, and decreed by the court that the clerk of this court certify this judgment to the Commission of the United States to the Five Civilized Tribes for its observance. To which judgment of the court the defendant, the Choctaw Nation, in open court duly excepted.
United States Of America, Indian Territory, Southern District:
I, C. M. Campbell, clerk of the District Court of the United States for the Southern District of the Indian Territory, do hereby certify the foregoing to be a true copy of an order made by said court on the 21st day of December 1897, as appears from the records of said court now on file in my office.
In testimony whereof I have hereunto set my hand, at my office in Ardmore, in said district, this 10th day of March, A. D. 1903.
[seal.] C. M. Campbell, Clerk.
N. H. McCoy, Deputy.
