Condition of the Alabama Indians in 1890

Total Indian Population As Of June 1, 1890 Reservation Indians, not taxed (not counted in the general census): Males…….149 Females….235 Total………384 Indians self-supporting, taxed (counted in the general census): Males…….338 Females….421 Total………759 Grand Total 1,148 The civilized (self-supporting) Indians of Alabama, counted in the general census, number 759, 338 males and 421 females, and are distributed as follows: Autauga County, 116 Escambia County, 173 Mobile County, 4023 other counties with 8 or less in each, 68. The mode of life of these Indians is akin to that of their neighbors of small property. Among them are the descendants of Creek, … Read more

Origin and History of the Chickasaw

The following tradition respecting the origin and history of this branch of the Chickasaw, is transmitted by their agent from the present location of the tribe, west of the Mississippi River. It has been obtained from the most authentic sources. The allegory of the dog and pole probably reveals the faith of this people in an ancient prophet, or seer, under whose guidance they migrated. The story of their old men, as it is now told, runs thus: By tradition, they say they came from the West; a part of their tribe remained in the West. When about to start … Read more

Chickasaw Indians

The Chickasaw Indians, linguistically related to the Choctaw, were one of the main tribes of the Muskhogean group. Their ancestral location was northern Mississippi. As per tribal history, the Chickasaw believed they had come from the west and had once lived in northern Alabama. First encountered by Europeans under De Soto, the tribe was notably warlike. They were steadfast allies of the English during the colonization of North America. After the establishment of the American Government, land pressures led them to cede their territories and move to what is now Oklahoma between 1837 and 1847

Regulations Governing Unrestricted Alienation of Lands for Town Site Purposes in Indian Territory

Regulations Governing Unrestricted Alienation of Lands for Town-Site Purposes in Indian Territory. Regulations Commission To The Five Civilized Tribes Muscogee, Ind. T., February 10, 1904. The following rules and regulations governing applications for the unrestricted alienation of lands for town-site purposes in the Indian Territory, approved by the Secretary of the Interior February 6, 1904, are hereby promulgated for the information and guidance of all concerned. Tams Bixby, Chairman. A provision of the act of Congress approved March 3, 1903 (32 Stat., 982), reads as follows: To pay all expenses incident to the survey, platting, and appraisement of town sites … Read more

Rules of Practice in Choctaw, Chickasaw and Cherokee Cases

Rules Of Practice Commission To The Five Civilized Tribes Muscogee, Ind. T., March 17, 1903. The following Rules of Practice in Choctaw, Chickasaw, and Cherokee allotment contest cases, approved by the Department January 27, 1903, and March 9, 1903, are hereby promulgated for the information and guidance of all concerned.” The Commission To The Five Civilized Tribes Tams Bixby, Chairman Initiation Of Contests Rule 1. Contests may be initiated by or on behalf of an adverse claimant against any party by or for whom a selection of land has been made in the Choctaw, Chickasaw, or Cherokee nations, for any … Read more

Chickasaw Allotment Contest Cases, 1904-1906

Table showing the disposition and present status of Chickasaw allotment contest cases appealed from the decisions of the Commission to the Five Civilized Tribes and Commissioner to the Five Civilized Tribes, and in which decisions on said appeals have been rendered, from July 1, 1904, to May 31, 1906, inclusive.

Decision Rendered Wiley Adams

Office Of The Secretary Washington, D. C., May 21, 1903 The Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: I have considered the proceedings of your Commission upon the application of Wiley Adams for enrollment as a citizen of the Choctaw Nation. The facts as found by your Commission are that Adams appeared before the Commission in the year 1899, under the act of June 10, 1890 (29 Stat., 821); that he is a white man, and about 1877 married a Creek, the widow of a Chickasaw citizen, and was by special act of the Choctaw council, approved … Read more

Mary Elizabeth Martin Decision Rendered

On March 30, 1905, the Secretary of the Interior addressed the Commission to the Five Civilized Tribes regarding the application of Mary Elizabeth Martin for enrollment as a citizen of the Chickasaw Nation. The application, initially denied by the Commission in 1896 and again in 1903, was revisited following recommendations and legal opinions suggesting further investigation. The key issue was whether Martin’s parents, who were white intermarried citizens, were married to their former Indian spouses in accordance with tribal laws, which would impact Martin’s eligibility for enrollment. The Assistant Attorney-General’s opinion highlighted that if her parents were legally married under tribal law, Martin was entitled to citizenship. Consequently, the case was returned to the Commission for further investigation and adjudication based on additional evidence.

Decision Rendered Joe and Dillard Perry

Office Of The Secretary Washington, D. (7., February 25, 1905 Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: November 14, 1904, you transmitted report of proceedings had and additional evidence taken in the matter of the applications of Joe and Dillard Perry for their enrollment as citizens by blood of the Chickasaw Nation instead of Chickasaw freedmen. November 26, 1904 (Land 80819), the Acting Commissioner of Indian Affairs, reporting in the matter, recommended that Joe and Dillard Perry be declared to be citizens by blood of the Chickasaw Nation, and that the Department direct the transfer of their … Read more

Decision Digest – F – I

Fractional Subdivision Of less than 10 acres. (See ALLOTMENT, par. 6.) Fraud 1. In making selection, effect of. Contestee filed upon land, falsely swearing that he was the owner of the improvements and subsequently attempted to obtain title therein from one of the former owners of said improvements. Held, That contestee’s filing was fraudulent and of no effect and conveyed no rights to contestee. (Choctaw No. 42, Freeny v. Dillard.) 2. Presumption of, inadequate consideration. Where the amount for which land was sold at an execution sale ($8) was grossly cut of proportion to the real value ($800 to $2,200), … Read more

Decision Rendered Clay McCoy

Office Of The Secretary Washington, D. C., August 3, 1904 Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: June 8, 1904, you transmitted the papers in the matter of the application of Clay McCoy for enrollment as a citizen, by intermarriage, of the Chickasaw Nation. It appears that McCoy was married in 1895 to a citizen by blood of the Chickasaw Nation, in accordance with the laws of that nation; that his wife’s name is now borne upon the rolls of the Chickasaw Nation prepared by you and approved by the Department, and that they have resided continuously … Read more

Decision Digest – P – W

Parties 1. At interest in contests. The only parties at interest in contest matters are the contestant and contestee, and they are the only persons considered when determining the questions at issue in contests. (Choctaw No. 565, Moore v. McKinney.) Possession 1. When necessary. The ownership of improvements on the north and east sides of a tract of land, such improvements being erected especially with reference to lands lying north and east of that in controversy, gives no right to the owner thereof unless he exercises acts of possession over the land in controversy. (Choctaw No. 305, Lewis v. Durant.) … Read more

Digest of Decisions Rendered, 1904 – 1906

Inclusive, Upon Appeals From The Decisions Of The Commission To The Five Civilized Tribes And The Commissioner To The Five Civilized Tribes In Allotment Contest Cases. Abatement and Revival On death of party. (See DEATH, par. 1.) Abandonment 1. What constitutes. When a division fence was removed and placed on a certain line and the parties on each side of the new line occupied the land as so divided, and one of them, after a number of years, died, his heirs continuing to occupy the land on his side of the fence without objection : Held, That the other party … Read more

Benjamin J. Vaughn Decisions Rendered

Office Of The Secretary Washington, D. C., April 1, 1905 Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: On October 27 and 31, 1904, respectively, you transmitted the papers in the matter of the dismissal of the applications of Benjamin J. Vaughan for enrollment as a citizen by intermarriage, and for the enrollment of his children, Edward A., Grover Cleveland, and Oscar S. Vaughan as citizens by blood of the Chickasaw Nation. The principal applicant, Benjamin J. Vaughan, claims enrollment by intermarriage with Emily Burney, a recognized citizen by blood of said nation. The other applicants herein are … Read more

Choctaw and Chickasaw Enrollment Cases

Regulations of Commissioner of January 2, 1906, Relative to Petitions for Rehearing Under the Loula West, Mary Elizabeth Martin, and Joe and Dillard Perry Enrollment Cases. Numerous inquiries have been made of this office as to the procedure to be followed by the Commissioner to the Five Civilized Tribes relative to the right to enrollment of persons as citizens of the Choctaw or Chickasaw Nation under the opinions of the Assistant Attorney-General for the Department of the Interior rendered November 11, 1905, in the matter of the application for the transfer of the names of Joe and Dillard Perry from … Read more

Choctaw and Chickasaw Agreement, July 1, 1902

AN ACT To ratify and confirm an agreement with the Choctaw and Chickasaw tribes of Indians, and for other purposes.” Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following agreement, made by the Commission to the Five Civilized Tribes with the commissions representing the Choctaw and Chickasaw tribes of Indians on the twenty-first day of March, nineteen hundred and two, be, and the same is hereby, ratified and confirmed, to wit: Agreement Between the United States and the Choctaws and Chickasaws This agreement, by and between the … Read more

Act of June 21, 1906

Public Number 258 AN ACT Making appropriations for the current and contingent expenses of the Indian Department, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen hundred and seven. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian Department, for fulfilling treaty stipulations with various Indian … Read more