Abbott. Clara Rose. (Minor.)
Abbott, Coleman L. (Minor.)
Cherokees by adoption. Files: Records Commissioner to the Five Civilized Tribes; N. B. 537. These children are the offspring of Roxana Abbott, whose name appears upon the approved roll of citizens by blood of the Cherokee Nation. Her mother also appears upon the 1880 Cherokee tribal roll, which was confirmed by the Curtis Act June 28, 1898. By that act it was directed that persons whose names appeared upon the 1880 roll and their descendants should be enrolled upon the final rolls of the Cherokee Nation. The mother is a white woman, but she obtained her citizenship rights by adoption of her father. J. H. Bennett, who paid the sum of $500 into the treasury of the Cherokee Nation, November 22, 1877. “for the purpose of securing the rights, privileges, and franchise of a Cherokee Indian, as provided for in the constitution and laws of the Cherokee Nation, chapter 12, article 15, and section 75.” His name also appears on the said roll of 1880.
These children were denied enrollment by the department. March 1, 1907, because the authority of the Dawes Commission under the act of April 26 1906, as amended June 21, 1906. was construed to apply only to children of citizens by blood. This was evidently an erroneous construction, the intention of the latter act being to bar the children of citizens who claimed only by Intermarriage. This is illustrated by another case, to wit, that of the children of Wade H. Sears, cousins of the children named above, who were enrolled by the department March 4, 1007, as children of an adopted (not intermarried) citizen, following the opinion of the Assistant Attorney General for the Interior Department, February 28. 1007, in the case of William Jesse Bacon.
Number of claimants in this memorandum, 2.
Adams, Freddie. (Minor.)
Creek freedman. Files: Part III, Report March 3, 1909. This boy was born August 17, 1905, and is the child of Hattie Rentie, or Adams, and Will Adams. He was entitled to enrollment under the act of April 26, 1906, but the matter of making application for his enrollment was left to a notary public, who failed to attend to it. Number of claimants in this memorandum, 1.
Adams, Lottie. (Minor.)
Chickasaw by blood. Department flies, volume 16, Opinions Assistant Attorney General, page 21; papers in Indian Office. The question to be determined In this case was whether the Commission to the Five Civilized Tribes had jurisdiction to consider the application for enrollment of a minor whose name could not be identified upon the rolls prepared by the tribal authorities.
The papers submitted in her case tend to show that she was a Chlckasaw Indian by descent; that she was 16 years of age at the time of her application; and that she never had been enrolled or admitted to enrollment by any tribal officer or by any tribunal under the authority of the tribal law or the laws of the United States.
It was held by the Assistant Attorney General for the Interior Department, June 8, 1901 (see volume and page referred to above). that the Dawes Commission was by reason of said act of May 31, 1900, without jurisdiction to receive or consider her application.
This case illustrates that the act of May 31. 1900, did not confer upon the Dawes Commission a Jurisdiction broad enough to permit of the consideration of all cases upon their merits.
Number of claimants in this memorandum, 1.
Adams, Mitchell C.
Adams, Lillie M.
Adams, Nora M.
Adams, William C.
Choctaws by blood; also Mississippi Choctaws. O. O. land-population 32,518-1909; see also Report of Commissioner to the Five Civilized Tribes of November 15, 1907. The head of this family is a full-blood Choctaw; the others who are his children are half-blood Choctaws. An opinion was rendered by the Assistant Attorney General for the Interior Department February 20, 1907 (25 A. A. G., 227), setting forth the facts fully and holding the applicants entitled to enrollment as Choctaws by blood. This was rendered prior to the receipt of the opinion of February 19, 1909 (26 Ops. Atty. Gen., 127). The matter was taken up and reconsidered further in connection with the latter opinion and, in supposed but mistaken compliance therewith, the former favorable action was in effect set aside, although with plain uncertainty as to whether the opinion of February 19, 1907, was applicable, and a new opinion was rendered February 28, 1907 (25 A. A. G., 271), holding they were entitled to identification as Mississippi Choctaws. Unfortunately, however, the applicants reaped no benefits from this action inasmuch as the law relating to “identified” Mississippi Choctaws required them to remove within six months to the Choctaw-Chickasaw countrya physical impossibility in the time left prior to March 4, 1907. The original opinion of February 20, 1907, was correct and they are entitled to enrollment as straight “Choctaws by blood.”
Number of claimants in this memorandum, 4.
Alec (or Aleck), Buck. (Minor.) Post office, Spavinaw, Okla.
Cherokee full blood. Buck Alec (Aleck), a full-blood Indian Cherokee minor, lives with his guardian, Taylor Buck, also a full-blood Cherokee. Post office, Spavinaw. Parents of child were John Aleck and Lydia Aleck, full-bloods, belonging to the “Nighthawk” organization. Both enrolled with Cherokee Nation as follows: John Aleck, roll No. 25596, full, age 23, 7893; Lydia Aleck, roll No. 25597, full, age 23. John Aleck died two years ago after three days illness. Lydia Aleck died November 24, 1907, of acute tuberculosis. Grandparents of Buck Aleck (living) on father’s side are James and Nellie Aleck, full bloods, enrolled with Cherokee Nation, Nob. 19488 and 19489, respectively. Grandparents of
Buck Aleck on his mother’s side, full-bloods and enrolled with Cherokee Nation (living), are Steve Buck and Bettie Buck, respectively, being numbered 7520 and 7521 on Cherokee roll. Above by Mr. Cusey’s office, agent of district No. 1. Verbal inquiry made at office of commissioner shows that this is a meritorious case. Child is not enrolled. Number of claimants in this memorandum, 1.
Alexander, Ben. (Minor.)
Chickasaw by blood. Files: Record in case in Indian Office or with Commissioner to the Five Civilized Tribes. This boy is the son of Epsie Alexander, a full-blood Chickasaw Indian, whose application for enrollment as a citizen by blood of the Chickasaw Nation was dismissed by the commission for the reason that she died prior to September 25, 1902. She was survived by this child, who was born February 12, 1899, and who was entitled to enrollment under the Choctaw-Chickasaw agreement. No application was made, however, for the enrollment of Ben until June 23, 1906, when an application was submitted for him under the act of April 26, 1906. This application was dismissed, not because of any lack of right in the child, but because of a defect in said act by reason of which it failed to cover all classes who were entitled. This defect will be apparent when it is noted that the act provided only for the enrollment of new-born children of parents who had been enrolled as citizens or who had applications for enrollment pending at the date of the act. As the mother died prior to September 25, 1902, she did not come within either of these classes. Had she survived that date the child would have been enrolled as a matter of course under the act of April 26, 1906.
Number of claimants in this memorandum, 1.
Anohwatubbe (or Woods), James N.
Choctaw by blood. Files: Part III, Report March 3, 1909. This man was 86 years of age in 1908. He claims that his father was a full-blood Choctaw and his mother a colored woman and a slave, but that he himself was never a slave. He claims that he went to the Choctaw Nation when a boy of 12 or 13 years and that he has lived there ever since. He also claims that tribal payments have been made in his name through his uncle; that he has voted at the Choctaw elections and has served on juries in the Choctaw courts. He has received no allotment whatever. His wife was a full-blood Choctaw. Their children have been enrolled as Indians by blood and have patents.
Note.The difficulty in this man’s case seems to be that there is a question concerning the status of his mother. There is some uncertainty as to whether she was born in slavery or was unlawfully held as a slave. If his father was an Indian citizen and his mother a free woman, he would be entitled to enrollment as an Indian by blood, even though his mother was wholly or in part of Negro descent.
Number of claimants In this memorandum, 1.
Anderson, Stanley Q.
Cherokee by blood. Files: Report Acting Commissioner to the Five Civilized Tribes, January 13, 1910, addressed to Hon. J. George Wright This claimant is the son of Daniel and Amanda Anderson, and there is no application of record.
Number of claimants In this memorandum, 1.
Archibald, Smedlow (or Smotto or Smallwood), age 12.
Archibald Children Omitted from Choctaw Rolls Through Inadvertence
Archibald, Cain, age 10 (orphan).
Archibald, Abel (twin brother of Cain) (orphan).
Archibald, Etta Or Ada, age 5 (orphan).
Archibald, Elsie, age 17 (orphan).
Archibald, Joanna, age 15, (orphan).
Choctaws and Creeks by blood. Files: Letter of Mr. Fred S. Cook, district agent, Checotah, Okla., dated December 18, 1908; also statement of Rev. J. S. Murrow made November 9, 1908, at Murrow Orphan Home, Exhibit F, Part I, report March 3, 1909. These orphan children failed to secure enrollment because no one made application for them. All are full-blood Indians except Etta, who is a half-blood Creek, she being a half sister of the other children by the same mother, but by a different father, who was probably a white man. The father of all except Etta was a full-blood Choctaw. He died in the United States Jail at Muskogee In August, 1902. Their mother was n full-blood Creek. She is now dead, but lived long enough to be enrolled and to secure an allotment. These parents were members of the recalcitrant Snake faction. The children were found by Mr. C. O. Shepherd, representative of the Indian agent, living in destitute circumstances, partially supplied with food and clothing by the older sisters and by the neighbors and were taken to the Murrow Orphan Home, near Coalgate, Okla., where they now are.
Number of claimants in this memorandum, 6.
Arnold, Richard et al. (Including children and grandchildren.)
Choctaw by blood. Files: Part III, report March 3, 1909. This man claims to be about 52 years of age. He is now on the freedman roll and seeks transfer to the roll of Choctaw citizens by blood. He claims that his father was a half-blood Negro and that his mother was half- blood Choctaw and half-blood Negro. He says that he has resided in the Choctaw Nation since he was 10 years old; that he has a son and deceased daughter, and that the latter had four children.
Note.It is not clear whether his mother was a slave. If so, he was probably a slave himself, as he must have been born prior to the emancipation of the Choctaw-Chickasaw slaves. If his mother was a free woman, there would seem to be no bar to his enrollment, assuming that his statements are susceptible of proof.
Number of claimants in this memorandum, approximately, 7.
Arpelar, Nicey. (Born 1903.)
Arpelar, Sidney. (Born 1905.)
Ensharley, Annie. (Born 1900.)
Orphan, Buster. (Born 1905.)
Chickasaws by blood (Snake Indian). Statement of Gilbert H. Arpelar, made November 27,1908. at office of district Indian agent, McAlester, Okla.; record in Part III, Exhibit F, report March 3, 1909. The two persons first named above are the minor children of Gilbert H. Arpelar, who is enrolled opposite No. 182 on the final approved rolls as a full-blood Chickasaw Indian. He explains that he did not make application for the enrollment of his children because he was advised not to do so by Eufaula Harjo, who told him not to enroll them, as they might get all the land back. The third person named above is the niece of Gilbert H. Arpelar, and the fourth person named above is the son of Levi Orphan, enrolled opposite No. 311 as full-blood Chickasaw. The failure of these children to secure enrollment was due to the fact that their parents, being Snake Indians, were opposed to the distribution of the lands in severalty.
Number of claimants in this memorandum, 4.
Asbury, Coo-Wee-Coo-Wee
Eufaula, Okla. Creek by blood. Files: Letter January 22, 1910, from Acting Commissioner to Five Civilized Tribes to Hon. J. George Wright. The name of this applicant was included in the list mentioned in the above letter from Mr. Ryan, who stated that the persons referred to therein were Indians who were probably entitled to enrollment and who were not enrolled by reason of failure to make application. With his letter he enclosed testimony taken in the field through an interpreter relating to each case. This claimant was born in 1902. He is a full- blood Creek. His mother is Sallie Johnson, who is enrolled as a full- blood Creek opposite No. 8726. His father is Thomas Asbury, who was also enrolled as a full-blood Creek, his name appearing on the final rolls opposite No. 7605. The claimant is the illegitimate offspring of these Indians. His failure to secure enrollment was due to the fact that the matter of making application was left to one of the officers, named Alex. Posey, who failed to report the claimant’s name.
Number of claimants in this memorandum, 1.
Austin (or Law Ob Long), John.
Mississippi Choctaws. Files: Part II, Exhibit F. report March 3, 1909. It is claimed that this mail failed to secure enrollment because of some mistake or confusion in recording his name. It is also claimed that his sister. Alice Austin, and Stewart Austin, lire both on the final rolls as Mississippi Choctaws. Number of claimants in this memorandum, 1.