Victoria Boyd Et Al, Dawes Commission, No. 897-1896. Commission, No. 205-1900.
Note.-This case is referred to in the report of J. W. Howell, covering his investigation of enrollment matters in the Choctaw- Chickasaw Nations, and submitted to the Secretary of the Interior March 3, 1909.
These claimants appeared before W. C. Pollock, representing the Secretary of the Interior, at the office of the commission at Muskogee, October 31, 1900, and were examined by him and their case is covered in his report to the Secretary, submitted ___, 1910.
Record
The record shows that Victoria Boyd, in 1900, was about 30 years of age, that she did not know her exact age; that she is a daughter of Jimpsimime Dyer, a full blood Choctaw woman; that her grandmothers name was Nellie Dyer, a full blood; that Victoria Boyd was born in Arkansas, moved to Texas with her parents, and remained there until some time in 1895 or 1896, when she, with her husband and their children, moved to and settled in the Choctaw Nation near Colgate, where they remained about four years and then moved to Johnstown, Chickasaw Nation; that they have since continuously resided in the Chickasaw Nation; she alleged that during the month of October 1896, she went to Tuskahoma, Choctaw Nation, for the purpose of applying to the Choctaw Council for admission to citizenship in the nation, and was informed by Green McCurtain “that the Choctaw law required her to pay $100 per capita in advance before her case would be considered by their committee; that she was a poor person and unable to comply with this law.”
During claimant’s examination, June 12, 1900, by the commission at Colbert, Ind. T., the commissioner dictated the following statement for inclusion in the record: “By the commissioner: This woman has the looks of being at least a half breed Indian.” (Note by counsel and not in record:) Victoria Boyd is very ignorant; resembles a full blood, as do all her children. Her name is not on any roll of the tribe.
September 7, 1896. Washington B. Boyd applied to the commission, under the act of June 10, 1896, for the admission of himself as an intermarried citizen, and his wife and children, as follows: Victoria Boyd. William B. Glover, Dollie Glover, Georgie B. Boyd, as citizens by blood of the Choctaw Nation.
December 4, 1896. Commission denied said application. No appeal.
August 28, 1899. Victoria Boyd appeared before the commission at Atoka, and applied for the enrollment of herself and her minor children, Willie Glover, Dollie Glover, Georgie Boyd, Lence Boyd, as citizens by blood of the Choctaw Nation.
August 28, 1900. Commission rendered its decision denying said claimants enrollment, and the record was forwarded to the department.
July 7, 1901. The case was remanded to the commission for further hearing.
June 12, 1900. Applicant appeared before the commission at Colbert, Ind. T., and made application for the enrollment of herself and minor children as Mississippi Choctaws, claiming rights under article 14 of the treaty of 1830. No further action was taken by the commission on the application of August 28, 1899, when applicants applied to the commission for enrollment under the provisions of the act of June 28, 1898, as citizens of the Choctaw Nation by blood.
April 21, 1903. The commission rendered its decision on the application of June 12, 1900, in which applicants applied for enrollment as Mississippi Choctaws, in which it held that under the provisions of the act or May 31, 1900, claimants could not be enrolled as members of the Choctaw Nation, because their names did not appear on the tribal rolls, and that while the name of Nellie Dyer, the alleged grandmother of Victoria Boyd, appeared on the list of fourteenth article claimants, the proof submitted was not clear that the said Nellie Dyer, whose name appeared on said rolls, was in fact the grandmother of the claimant, Victoria Boyd.
July 14, 1904. Decision of the commission approved by the Secretary.
Statement By Counsel
Counsel for claimants respectfully submit that Victoria Boyd, being at least a half-breed Choctaw Indian, and residing in the Choctaw Nation in 1896, should have been enrolled by the commission in accordance with her application, submitted September 7, 1896, together with her children; that the commission had ample authority under the provisions of the act of June 28, 1898, to have enrolled her and her children in accordance with their application submitted August 28, 1899; that it was error for the commission to have refused to adjudicate the case of claimants under said act in accordance with the instructions of the department remanding the case; that it was error for the commission to have finally decided the case on the application of June 12, 1900, under the provisions of the act of May 31, 1900, or to have denied claimants, because they were unable to make strict proof of their claim as descendants of Nellie Dyer, a fourteenth article claimant under the treaty of 1830. These claimants are admittedly Choctaw Indians by blood; they resided in the nations in 1896, or two years before the requirement as to residence under the act of June 28, 1898; that they three times applied to the commission for enrollment, and were twice erroneously denied by said commission; that they applied to the officials of the Choctaw Nation at Tuskahoma in 1896 for enrollment on the tribal rolls, and were refused because they could not pay the Indian officials $100 per head; that they are legally and equitably entitled to enrollment, are destitute and ignorant, and that it is the duty of the Government, the trustee for these people, to see to it that they are enrolled.
Those entitled to enrollment are: Victoria Boyd and her children, Willie Glover, Dollie Glover, Georgie Boyd, Lintz (or Lence) Boyd (five in all).
Respectfully submitted.
Ballinger & Lee