A table lists Cherokee allotment contest cases appealed from the Commission and Commissioner to the Five Civilized Tribes, showing each case’s decision history and status as of May 31, 1906. It records whether appeals were affirmed, modified, reversed, dismissed, reopened, or still pending before the Secretary of the Interior, Commissioner, or the parties.
On March 25, 1905, Assistant Attorney-General Frank L. Campbell addressed the application of Stonewall J. Rogers for his children’s enrollment as Cherokee citizens. Rogers, initially enrolled in 1887, faced denials based on his late return to the Cherokee Nation and previous appeals. The opinion asserted that his children could claim citizenship if born before a stipulated expatriation act, while the younger children lacked eligibility due to their father’s loss of citizenship. The denial of enrollment was deemed non-barrier to their case’s merits.
On June 19, 1905, the Assistant Attorney-General reviewed the case of Thomas J. Lasley, who claimed Cherokee citizenship through alleged parentage. The Cherokee Nation contested the claim, presenting evidence of fraud related to Lasley’s parents’ marriage and identity. Despite the United States court’s previous judgment in favor of Lasley, the Commission failed to reassess the evidence of fraud. The Attorney-General concluded that the Commission had jurisdiction to deny enrollment based on fraudulent claims, emphasizing the necessity of integrity in tribal rolls.
On December 28, 1905, Assistant Attorney-General Frank L. Campbell addressed issues surrounding Cherokee citizenship for Mary and Roy Strickland. The report from the Commissioner noted difficulties reconciling decisions regarding applicants who were minors before September 1, 1902, and their rights to enrollment based on tribal or Dawes Commission admissions. Campbell concluded there was no distinction between the two groups in application and emphasized that both adults and minors who failed to establish permanent residence would not be eligible for citizenship, following the provisions of relevant acts.
On November 12, 1904, the Assistant Attorney-General, Frank L. Campbell, reviewed Lemuel Welcome’s application for enrollment as a Cherokee freedman through marriage to Amanda Williams, a recognized Cherokee citizen. The assessment concluded that while the treaty of July 19, 1866 granted certain citizenship rights to freedmen, it did not extend the ability to confer citizenship upon spouses of non-Cherokees. Based on Cherokee law, the application was rejected, affirming the distinct classification of Cherokee freedmen from actual Cherokee citizens.
The Assistant Attorney-General’s opinion on the case of Mary Ann Riley and others reveals that the applicants, seeking enrollment as Cherokee freedmen, do not qualify based on their historical compliance with stipulated residency and enrollment criteria. The Commission concluded that neither Mary Ann Riley nor her descendants met the necessary requirements set by previous legal definitions and decrees regarding Cherokee citizenship. The applications are officially denied, reaffirming the distinction between administrative and judicial processes in tribal enrollment.
On October 5, 1905, the Assistant Attorney-General addressed the Secretary of the Interior regarding Harry Still’s application for Cherokee freedman enrollment. The inquiry centered on a 1871 Cherokee Supreme Court ruling that acknowledged Still’s citizenship rights under a treaty. The Assistant Attorney-General emphasized that Congress holds ultimate authority over tribal membership matters, yet the court’s decision should be respected unless clearly proven flawed. The Commission was advised to assess the original court’s findings with great deference unless evidence of fraud or error was unmistakable.
The post discusses various legal principles regarding land allotments and ownership rights, particularly in the context of fraud, gifts, and inheritance. Key cases illustrate issues such as fraudulent filings, the implications of inadequate consideration at sales, and the significance of improvements made to land. It emphasizes the importance of good faith in filing for land, the rights of guardians, and the standing of noncitizen spouses. The decisions also touch upon the conditions necessary for establishing ownership of improvements and the transfer of property rights.
The Assistant Attorney-General’s opinion of February 10, 1905, addresses Belle Z. Bowers’ motion to overturn a prior rejection of her application for Cherokee Nation enrollment. Initially denied in January 1902 due to a lack of recognized citizenship, subsequent evidence indicated that Bowers and her family were indeed on the 1886 tribal roll. While errors were acknowledged, final judgment against their appeal remained a barrier. Nonetheless, the opinion opined that such judgments do not prevent future merit-based evaluations for those listed on tribal rolls.
On March 25, 1905, Frank L. Campbell, Assistant Attorney-General, submitted an opinion regarding Clara A. Ward’s application for citizenship in the Cherokee Nation. Born to Cherokee parents, Ward left the nation as a child and resided in Illinois before later moving to New York, without any intention to return to the Cherokee Nation. Her application was denied based on the Cherokee constitution, which stipulates that leaving the nation results in the loss of citizenship unless readmitted. Consequently, it was concluded that Ward was no longer a member of the Cherokee Nation.
The post discusses various legal principles and decisions regarding land allotments, abandonment, and appeals related to the Five Civilized Tribes, focusing on cases of contested land titles and the process of appeal. Key topics include the requirements for establishing abandonment, the authority of agents in land transactions, and the necessity of specific assignments of error in appeal cases. Additionally, it addresses the rights of Chickasaw freedmen concerning land ownership and improvements. The decisions illustrate the complexities of land rights and the legal considerations involved in allotment cases.
The Act of July 1, 1902, outlines provisions for the allotment of Cherokee Nation lands, defining key terms and establishing roles for the Dawes Commission. It mandates appraisals of lands, allotments of 110 acres to each citizen, and protections against the sale of homesteads for a specified period. The Act also contains provisions for town sites, citizen enrollment as of September 1, 1902, and the distribution of tribal funds. It emphasizes the importance of compliance with federal guidelines and ratification by Cherokee citizens.
The Act of April 26, 1906, establishes regulations for the enrollment and citizenship of the Five Civilized Tribes in the Indian Territory, notably the Choctaw, Chickasaw, Cherokee, Creek, and Seminole. It restricts enrollment to those who applied before December 1, 1905, while providing provisions for minors and freedmen. The Secretary of the Interior gains authority over allotments, land sales, and tribal education. It also mandates that no land can be sold or alienated by full-blood Indians for twenty-five years, preserving tribal lands and resources.
The Guion Miller Roll documents applications for compensation from Eastern Cherokee descendants following the 1906 U.S. Court of Claims judgment. It includes 45,857 applications, detailed genealogical information, rejection notes, and supporting records. This resource helps researchers trace family connections, even for rejected claims, and explains the legal history behind the final approved Cherokee enrollment rolls.
In a letter dated December 3, 1903, Walter S. Logan responds to Chairman Tams Bixby regarding the upcoming Commission meeting to discuss the segregation of Delaware lands. Logan emphasizes that the Delaware have the right to select lands within the Cherokee Reservation, as specified in the 1867 agreement. He asserts that any disputed lands must be proven as previously selected and held by others as of that date. Logan confirms the Delaware’s entitlement to segregated lands and their preparedness to address any challenges to their selections at the Commission’s hearings.
On December 31, 1903, the Commission to the Five Civilized Tribes submitted a report to the Secretary of the Interior detailing the segregation of 157,604.66 acres of Cherokee lands for Delaware Indians, as mandated by previous agreements. The report highlighted issues with a list provided by attorneys representing the Delaware, alleging it improperly included lands claimed by Cherokee citizens. The Commission emphasized the need for careful examination and adherence to legal guidelines to ensure justice for all parties involved in the land allotment process.
The letters highlight ongoing disputes regarding the segregation and allotment of lands claimed by Delaware Indians in the Indian Territory. Mary Nairn’s correspondence reveals that many Delaware have not had their lands recognized, creating disadvantages against Cherokee citizens who can claim these lands. Richard C. Adams underscores the Commission’s failure to protect the Delaware’s rights as promised in treaties, leading to unauthorized filings by Cherokees on segregated lands. The Commissioner calls for actions to safeguard these rights and rectify the Commission’s oversight.
In the ongoing equity case before the Supreme Court of the District of Columbia, George Bullette et al. challenge Secretary of the Interior Ethan Allen Hitchcock and others regarding the administration of land allotment for the Delaware Indians within the Cherokee Nation. Hitchcock’s answers and affidavits refute allegations concerning land segregation and procedural appropriateness of the Commission to the Five Civilized Tribes. He asserts the need for comprehensive investigation prior to any final approval of land allotments amid ongoing litigation concerning the Delaware’s rights and interests.
In May and June 1903, telegrams were exchanged concerning the Delaware case involving the Southern Hotel, reflecting the urgency for resolution. The Commission to the Five Civilized Tribes reported significant progress in allotting lands to the Cherokee Nation, with thousands of applications processed and numerous allotments approved. Issues arose related to citizenship approvals and land segregation affecting allotments, with ongoing contests complicating the process. Additionally, legal proceedings regarding the Delaware tribe were initiated, revealing complexities in compliance with federal regulations.
In March 1903, the Commission to the Five Civilized Tribes issued 1,204 admission tickets to the Cherokee land office, totaling 6,690 since January. They processed 2,642 allotment applications, with 1,775 approved. The allotment contest division reported 22 cases pending as of March 31, including several awaiting citizenship determinations. The month also saw correspondence regarding the segregation of land for the Delaware Indians, with the Secretary of the Interior awaiting legal opinions on the matter.