Brashears

Napoleon B. Brashears, Choctaw

The case of Napoleon B. Brashears et al. involved a dispute over their enrollment as citizens by blood of the Choctaw Nation. Initially placed on the 1896 Choctaw census roll by the revisory board, their applications were later denied by the Dawes Commission, which questioned their Indian ancestry. Despite testimony supporting their claims, including from a freedman familiar with the Brashears family history, the commission ruled against them. Legal counsel argued for their restoration to Choctaw citizenship based on prior tribal recognition.

Brashears Choctaw Family – List of Mixed Bloods

The Brashears family represents one of the most industrious and influential included in this study. The genealogical thread running through this line can be traced back to the early Scotch trader, Lachlan McGillivray, and his father-in-law, the French trader aptly named Marchand, in Creek country in the mid-eighteenth century (see Chart 4). This family spans the Creek, Chickasaw and Choctaw tribes. Samuel Brashears was an early trader with the Creeks and married Rachael Durant, the mixed-blood daughter of Ben Durant (another trader) and Sophie McGillivray (the mixed-blood daughter of trader Lachlan McGillivray and mixed-blood Sehoy Marchand).  His presence was marked … Read more

List 6, Choctaw Freedmen

List of Choctaw Freedmen whose names were omitted from final rolls because no application was made or by. reason of mistake or oversight. Shows the names of 281 persons, all minors except 4. The approved roll of minor Choctaw freedmen contains 473 names. The large percentage of omissions in this class is explained elsewhere. It is quite probable that there are others of this class whose claims have not yet been presented or disclosed.

Susan Brashears, Choctaw by Blood

Susan Brashears (formerly McCoy) and her descendants sought transfer from the Choctaw Freedmen Roll to the Choctaw Roll by Blood, citing their lineage from Oliver Stock McCoy, a recognized Choctaw citizen of mixed blood. Despite their enrollment on the 1885 Choctaw census as citizens by blood or marriage, the Dawes Commission denied their request in 1907, stating no prior application for blood enrollment had been made. Counsel argued their rightful inclusion based on the 1898 Curtis Act and precedent cases. The claimants included Susan Brashears, her children, and grandchildren, all of whom had been enrolled as freedmen.