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MCR- Does Not Necessarily Mean that an MCR-14th Article Mississippi Choctaw "Claimant" Was Not' Enrolled-

Leo Pergson Leo Pergson

posted on February 12 and updated on May 12

WILL THE REAL CHOCTAW NATION PLEASE STAND UP AND BE IDENTIFIED, ARE WE 3rd ARTICLE OKLAHOMA CHOCTAW/ ARE WE MISSISSIPPI CHOCTAWS/ OR ARE WE 14th ARTICLE CHOCTAW et., al., MEMBERS OF MISSISSIPPI CHOCTAWS OR ARE WE CHOCTAWS?

Leo Pergson Su-Quah-Natch-Ah Band Choctaw Mississippi~ et., al., Members of MCR-14th Article Claimants of “Special Mississippi Choctaw Claimants”

In a “Nut Shell”
Although, It is true that the Choctaw Nation[Oklahoma] and the Mississippi Band Choctaw have separate enrollment Criteria, However, As to to the Misconstrued as MCR-14th Article “Claimants” Under the Act of Mar 31,1900 and June 10,1896 The Commission was prohibited from taking any “Application” of any Mississippi Choctaw. Which would also prohibit any MCR-14th Article Claimant from making “Application” for CDIB Card under Feb 8, 1887 Dawes Commission Enrollment on the “Final Rolls” Under June 28,1898 as Mississippi Choctaw Both’ MCR-14th Article Claimants and Feb 8,1887 Dawes Final Rolls are Both’ “Universal” but Separate as Mississippi Choctaw and Compromised as Choctaw Nation Criteria for "application’ for
CDIB Cards. Of 1,923, “Identified” as Mississippi Choctaw and enrolled on “Special Mississippi Choctaw” Rolls, now an aggregate of 1,540 who were never’ put over on the Feb 8,1887 Dawes Com., Final Rolls
Of these 1,540 who were of the 1889 McKennon Rolls, Whereas; Less that 880 Were of the McKennon Rolls- who were enolled on the Final rolls- However, the Said McKennon rolls was Discontinued in Mar 1, 1907- Prior to the Mar 4,1907 Closing of the Dawes Rolls-

Fact- Of these 25,000, 14th Article Claimant Applicants of which 1,923 were put on 14th Article Special rolls- and of these remaining 23,077 MCR-14th Article Claimants were “Rejected” under Choctaw Act 1842- Of these 1,923 Identified by the commission 525 Identified As Mississippi Choctaws and whereas 880 were of the 1889 McKennon rolls that was on Mar 1,1907 was Discontinued by the Secretary without Notice- and became Null and voided and “Rejected” However, these 1,923 Just mentioned who have already Removed and Received Allotment Annuities in the Indian Territories to-day

Under Aug 1, 1912- S-Bill 7625 “Relief of Five Civilized Tribes”
Of the 1,923 persons identified as Mississippi Choctaws on this report of
March 10, 1899, also known as the McKennon Roll, less than half, or 880,
are now on the final citizenship rolls of the Choctaw Nation in Oklahoma;
1,063 are not on these rolls and are now claimants to an interest in the
Choctaw estate
. Of this number 538 individuals were never placed on any
other roll of identified Mississippi Choctaws, while the remaining 525
individuals, after re-examination by the commission during 1901 and 1902,
were included in the rolls of identified Mississippi Choctaws approved by
the Secretary of the Interior on February 14, 1903. (Sic)

Fact, Although, it is true that those 1,540 enrolled onto “Special Mississippi Choctaw” Rolls- and never Transferred over on the Final Rolls-and including these MCR-14th Article Claimants who were “Rejected” Lands in the Indian Territories, However, these “Rejected” 14th article Claimants-never Terminated by Congress- Continued under the Aug, 1,1912-S-Bill 7625 and up to 1915- under Congressional Senate Bills For Enrollment under “Five Civilized Tribes”

Are you a Proven- MCR-14th Article MCR- Mississippi Choctaw Claimant- et.,al., Members of Mississippi Choctaw? Not’ to be misconstrued as Oklahoma/Mississippi Choctaw-

Posted on Feb 11 and updated today Feb 12-

MCR- Mississippi Choctaw 14th Article Enrollment Records Researcher, Searching for an Ancestor who is an MC-R 14th Article “Claimant”-

As an MCR-14th Article Genealogist-Researcher- My deepest respect for Sonya Deaton- an Enrolled member of Oklahoma/Mississippi
Choctaw Nation/Oklahoma/ We need more Dedicated MCR-14th Article Genealogist-Researcher- Like Sonya Deaton-

First, Search-

http://userdb.rootsweb.ancestry.com/nativeamerican/

Search By, “First and Last Name” or just “Last Name”

Second, Once you have found your direct MCR- 14th Article Ancestor by [Vial Records] Federal Census Records- who was an MC-R 14th Article Claimant-

Thirdly, Search, NARA- Ancestrypaths.Com, Find the MCR- Criteria Range that your MCR-Dawes Enrollment Case files falls within- It’s not as fast as Fold3 Records- But gives same MC- Mississippi Choctaw Enrollment Packet Records- Enrollment Cards- and some MC-Mississippi Choctaw Per Capita Payment Records- etc., that Fold3 Does-not- And Most of all’ there’s no subscription Fee-

http://www.ancestrypaths.com/five-civilized-tribes/

MC"R" Mississippi Choctaw “Rejected” Does not necessarilary mean that an MCR Mississippi Choctaw Claimant was not’ enrolled into the Choctaw Nation Tribe" Irrespective of MCR- 14th Article Removal or Non Removal to the Indian Territories- "By Jurisdiction
as an 1830 Treaty Signed 14th Article Mississippi Choctaw- Whether your MCR-14th Article Signed under the 14th Article in Mississippi or signed under 14th Article in the Indian Territories [Oklahoma]

For all those who are an Ancestor of an MCR- Enrollment card who has never known if your MCR-14th Article Claimant ancestor was ever enrolled or not enrolled- on the Final Rolls-

Dawes Com., Application" for Indian Territory Lands in Indian Territory-now Oklahoma and June 10,1896 Dawes Enrollment by "Affidavit- Deposition Enrollment Signed by Stenorgapher- are Completly “Two” Separate MCR-14th Article Federal/National 14th Article 1830 Treaty issues-

In order for a Choctaw to make Dawes Commission “Application” for his/ her “Application” for their I.T.D. Indian Territory Division Lands, the applicant" had to First’ be “Enrolled” into the Choctaw
Nation" Tribe by Dawes Commission Affidavit’ MC-R- [Enrollment Card-Signed by Stenographer]’

These Enrollment Cards have no “MCR attached to a Roll Number” Then the Final Dawes Commission “Application” for I.T.D. Indian
Territory Land Decision Depending on the “Final” Removal and Proven Residence within the I.T.D. Indian Territory Land Decision- within time provided by the Dawes Commission. Many MCR-Refused 14th Article Claimants never removed, but was still enrolled into the Choctaw Nation Tribe by the Commission in Mississippi but was Rejected Indian Territory Lands for Non-Removal. However, was still enrolled into the Choctaw Nation Tribe’ by simply researching
by Enrollment Card Signed by Stenographer, “For The Identification As
Mississippi Choctaw”

These MCR-14th Article Enrollment cards are also “Universal” with the Mississippi Band Choctaw MS-also "Universal’ with 1889 McKennon
Rolls-Recognized-1945

Research>

>Records of the testimonial case files-
MCR-[case number]

Then Research Final Rolls of the Dawes Commission to the Five Civilized Tribes for a MC-R- “Enrollment Card” [Mississippi Choctaw Enrollment Card- Signed by Stenographer]

RETRIEVE from,

> national archives
> genealogy office
> ancestry.com is a good source to info.
a Copy of Records
> vital records,
birth & death (obituary) records
marriage & divorce records
your I.D.
social security card(s)
> enrollment card approved by the secretary of Interior D.O.I. card info will be in the records of the case file
{mcr testimonial cases file]
the FinalRolls of the Dawes Rolls
“commission to the Five Ciilized Tribes”

TRACE YOUR BLOOD LINE TO THE NEAREST ANCESTOR ENROLLED.

Last, First, and Middle Names.
•Type. The type of card. This is either a “By Blood (BB)”, “Doubtful (D)”, "Minor (M), “Newborn (NB)”, “Rejected” cards.
et.,al., “MCR” only’ refers to Dawes Commission by “Application” Rejected For I.T.D. Indian Territory Division Lands- Completely separate from Mississippi Choctaw Enrollment cards signed by “Stenographer”. “P” means the person is listed as a parent on the Dawes cards.
•Age and Sex.

•Card. There are “Two” Enrollment Cards Numbers- Those 1,540 Special MCR- Card Numbers and 14,000 Final Dawes Roll Cards.

•Roll. This is the Dawes Final roll number.
The Mississippi Choctaw Are enrolled on June 10, 1896 Special Roll Cards- Out of over 25,000, Mississippi Choctaw Applications- There were only’ 1,540 “Special MCR- Mississippi Choctaw Roll” Cards-By Blood, Not’ to be misconstrued as to the over 14,000, Choctaw By Blood Enrolled onto the Feb 8, 1887 Dawes Final Rolls. Of these 1,540 Special Mississippi Choctaw 880 are’ from the 1889 McKennon Rolls, Whereby the first Council Members of the Mississippi Band Choctaw were formed from McKennon Rolls Now recognized as Mississippi Choctaw Band (1945)

When searching the Dawes Final Rolls for an Enrolled ancestor of Choctaw Nation never discard or separate the “Universal” 3rd Article Body of the Choctaw Nation[Oklahoma] From the MCR-14th Article Mississippi Choctaw Claimants et.,al., Member of Mississippi Choctaw under Choctaw Act 1842 Choctaw Scrip (5 Stat 513) from the Mississippi Band of Choctaw et.,al., Members of Mississippi Choctaw.

Final Determination for CDIB Application Dependent on Choctaw Nation[S] Enrollment Criteria- Enrollment Determination.

156 50 Dawes Roll #1124 Burton Henry D.

Native American Data for Henry D Burton
Name: Burton, Henry D
Tribe: Choctaw
Record Type: enrollment
Age: 39
Sex: M
Enrollment Type: MCR (Minor)
Blood %: 1/8
Card No.: MCR1556

SW National Archives, Fort Worth, Texas,
Dawes Enrollment Cards for its National Archives

Others with this Family:
Surname First Name Type Sex Age Blood %
Burton Henry D P (Parent) M
Burton Lucy J P (Parent) F
Burton Susan S P (Parent) F
Burton Henry D MCR (Minor) M 39 1/8
Burton Austin G MCR (Minor) M 11 1/16
Burton Susan O MCR (Minor) F 9 1/16
Burton Florence A MCR (Minor) F 7 1/16
Burton Jewel A MCR (Minor) F 5 1/16

156 51 Dawes # 1125 Burton Austin G.
See-Card No.: MCR1556
156 52 Dawes # 1126 Burton Susan O.
See- Card No.: MCR1556
156 53 Dawes # 1127 Burton Florence A.
See- Card No.: MCR1556
156 54 Dawes # 1128 Burton Jewel A.
See- Card No.: MCR1556

American Data for Henry D Burton

Name: Burton, Henry D
Tribe: Choctaw
Record Type: enrollment
Age: 39
Sex: M
Enrollment Type: MCR (Minor)
Blood %: 1/8
Card No.: MCR1556

SW National Archives, Fort Worth, Texas,
Dawes Enrollment Cards for its National Archives

Others with this Family:

Surname First Name Type Sex Age Blood %
Burton Henry D P (Parent) M
Burton Lucy J P (Parent) F
Burton Susan S P (Parent) F
Burton Henry D MCR (Minor) M 39 1/8
Burton Austin G MCR (Minor) M 11 1/16
Burton Susan O MCR (Minor) F 9 1/16
Burton Florence A MCR (Minor) F 7 1/16
Burton Jewel A MCR (Minor) F 5 1/16

(Sic)
Very respectfully,
WESLEY JOHNSON, mark.
CULBERTSON DAVIS,
EMIL JOHN (AHOJEOBE)
Delegates Representing the Mississippi, Alabama
and Louisiana Choctaw Council.

Witness:
T. B. SULLIVAN
RALSTON & RICHARDSON, Attorneys
JAMES E. ARNOLD, Attorney-in-Fact

Papers in support of S. 7625, a Bill for the Relief of Certain Members of
the Five Civilized Tribes.. Based on the breaking of US Civil rights resulting
under 14th Article 1830 …

Mississippi Choctaw Claims
Treaty of Dancing Rabbit Creek.
Native American Records

Statement of the delegates of the Mississippi, Alabama and Louisiana
Choctaw Council with reference to the following subjects: First the nature
of their claims. Second the proposed legislation now pending before
Congress. Third the need for relief. Fourth, the approval of their general
contract.

Washington, D. C,
January 21, 1914.

Statement of the delegates of the Mississippi, Alabama and Louisiana
Choctaw Council with reference to the following subjects:

First. The nature of their claims.

Second. The proposed legislation now pending before Congress.

Third. Their need for relief.

Fourth. The approval of their general contract.

First. The Nature of Their Claims.

From the time the commission appointed under the act of August 23, 1842,
completed its work, in 1845, no roll of Mississippi Choctaws who remained
in Mississippi under article 14 of the treaty of 1830 was made or kept until
after the passage of the Curtis act of June 28, 1898, section 21 of which
provides that:

“Said commission shall have the authority to determine the identity of
Choctaw Indians claiming rights in the Choctaw Nation under article 14 of
the treaty between the United States and the Choctaw Nation concluded
September 27, 1830, and they may administer oaths, examine witnesses,
and perform all other acts necessary thereto, and make report to the Secretary
of the Interior.”

The names of Mississippi Choctaws who received patents under article 14 of
the treaty of 1830 and those to whom scrip was issued under the supplemental
provision of the act of August 23, 1842 (5 Stat., 513), are found on
pages 3 to 26 of H. R. Doc. 898, 61st Congress, 2d session.

Pursuant to the authority of section 21 of the act of 1898 the Dawes
Commission conducted hearings in the State of Mississippi, terminating on
February 24, 1899, and presided over by Commissioner McKennon. From
testimony taken by him the commission prepared a report and roll dated
March 10, 1899, containing the names of 1923 individuals. Concerning
these the report states:

“Of these, there are two families, and probably a few other persons, who
are mixed bloods, while all the others are full-blood Choctaw Indians. The
commission finds that only a few families of these Choctaws own land,
while all are poor, ignorant and helpless – in almost every case susceptible
of imposition and wrong at the hands of the white man, but remarkably
peaceable, law-abiding and industrious. It is a rare incident that any one
of these Choctaws is charged with the commission of a crime.”

*Of the 1,923 persons identified as Mississippi Choctaws on this report of
March 10, 1899, also known as the McKennon Roll, less than half, or 880,
are now on the final citizenship rolls of the Choctaw Nation in Oklahoma;
1,063 are not on these rolls and are now claimants to an interest in the
Choctaw estate. Of this number 538 individuals were never placed on any
other roll of identified Mississippi Choctaws, while the remaining 525
individuals, after re-examination by the commission during 1901 and 1902,
were included in the rolls of identified Mississippi Choctaws approved by
the Secretary of the Interior on February 14, 1903.

In addition to the foregoing there were about 500 full-blood Choctaws
who did not appear before Commissioner McKennon in 1899, but who
made their applications and proof before the commission in 1901 and 1902,
and were there after identified on what was known as the Roll of Identified
Mississippi Choctaws, approved February 14, 1903, by the Secretary of
Interior, but who failed to remove within six months, thereafter and are
therefore not on the final citizen-ship roll of the Choctaw Nation.

*As there were 1,643 identified Mississippi Choctaws who removed and
are now Choctaw citizens, it appears that substantially one-half of the
Indians identified as Mississippi Choctaws entitled under article 14 of the
treaty of 1830 are denied their rights. This number is reduced to about
1,200 by deaths occurring during the period of eleven to fourteen years
which has since elapsed. The classes of Mississippi Choctaws who have
been identified but not finally enrolled are substantially as follows:

First. 538 Mississippi Choctaws identified on the McKennon Roll but
not identified on the roll of 1903.

*Second. 525 Mississippi Choctaws on the McKennon Roll of 1899 and
also on the roll of identified Choctaws approved February 14, 1903.

Third. About 500 other Mississippi Choctaws on the roll of identified
Mississippi Choctaws approved in 1903 and supplemental additions
in 1904-5-6.

The Claims of the 538 Mississippi Choctaws on the McKennon Roll
but Not on the Approved Rolls.

The records show that these Indians were enrolled by the Dawes
Commission after a full hearing of their claims; that the Dawes
Commission discharged its duty under the act of 1898, section 21, by
reporting a list of names to the Secretary of the Interior; that the
Secretary of the Interior, in a promulgated decision, held that the
matter of the approval of this roll would be suspended until the
submission of the general rolls of the Choctaw Nation (decision of
June 15, 1899) . That on November 27, 1901, the Dawes Commission
requested permission to withdraw the McKennon Roll and report of
March 10, 1899 ; that the Department on January 9, 1901, and
February 7, 1901, refused permission to withdraw the report and roll,
returning to the commission one of the duplicate copies with instructions
not to make any changes, ”but if it should appear that any of the names
should be stricken from said schedule the commission should make a
report to the Department embodying therein such suggestions and
recommendations as the commission deems appropriate for such action
as the Department may consider necessary under the circumstances;”
that on February 27, 1907, without any further evidence or consideration
of these cases, the Acting Commissioner of Indian Affairs recommended
the Department that “in order to finally dispose of this roll so that there
may be no further question as to whether the people whose names
appear thereon should be allowed to share in the distribution of the
lands and funds of the Choctaw and Chickasaw Nations” it should be
disapproved, and on March 1, 1907, the Assistant Secretary of the
Interior, in accordance with that recommendation, disapproved the
roll.

All of these facts are matters of record and the names of the 538 individuals
whose identification and rights were set aside and forfeited by this action
of the Assistant Secretary of the Interior on March 1, 1907, without notice,
without a hearing, and with no right or time for appeal or review, except in
Congress, are contained in the letter dated December 30, 1911, with
enclosures, from the Secretary of the Interior to the Honorable John H.
Stephens, chairman of the Committee of Indian Affairs of the House of
Representatives. (Sic)

Robert L. Vaughn Et, Al., M. C. R. 340. Annie M. Duncan Et., Al., M. C. R. 339.

Vaughn – Duncan Consolidated Cases, M. C. R.

The applications in both of these cases were submitted for the enrollment of the claimants as Mississippi Choctaws because of the act of May 31,1900, which prohibited the commission from receiving, considering, or making any record of any application of any person not a recognized and enrolled member of the tribe. This act did not apply to Mississippi Choctaws who were beneficiaries or descendants or beneficiaries under article 14 of the treaty of 1830

The applications in both of these cases were submitted for the enrollment of the claimants as Mississippi Choctaws because of the act of May 31,1900, which prohibited the commission from receiving, considering, or making any record of any application of any person not a recognized and enrolled member of the tribe. This act did not apply to Mississippi Choctaws who were beneficiaries or descendants or beneficiaries under article 14 of the treaty of 1830.

Other witnesses testified before the Commission to the facts as stated by the claimants, and on August 21, 1902, the commission rendered its decision, in which it says:

It also appears that all of the said applicants claim rights in the Choctaw lands under article 14 of the treaty between the United States and the Choctaw Nation concluded September 27, 1830, by reason of being descendants of one Alexander Vaughn, who is alleged to have been a full-blood Choctaw and to have resided in the old Choctaw Nation, States of Mississippi and Alabama, in 1830.

It further appears from the evidence submitted in support of said applications and from the records In the possession of the commission that no one of said applicants has ever been enrolled as a member of the Choctaw Tribe by the Choctaw tribal authorities or admitted to Choctaw citizenship by a duly constituted court or committee of the Choctaw Nation, or by the Commission to the Five Civilized Tribes, or by a decree of the United States court in Indian Territory under the provisions
of the act of Congress approved June 10, 1896.

From the records in the possession of the commission it is found that the name of one Alexander Vaughn appears upon page 27, volume 1, Court of Claims Record, The Choctaw Nation v. The United States, in a list of Choctaw Indians whose reservations were sold under article 14 of the treaty of 1830 .

It Is further found that the name of one Alexander Vaughn appears on page 116 of
volume 7, American State Papers, Public Lands, in a list of names of Choctaw Indians, heads
of families, who resided in Greenwood Le Flore’s district, in the territory occupied by the Choctaws in 1830, and who had land in cultivation, in exchange for which they were to receive stipulated tracts of land. The records referred to in no way relate to or show any compliance or attempted compliance on the part of the persons therein named with the provisions of article 14 of the treaty of Dancing Rabbit Creek.

The commission therefore held that claimants were not, entitled to enrollment and rendered
a decision denying them.

October 17, 1902. The decision of the commission was approved by the Secretary.
====
Counsel for claimants respectfully submit that these people are Indians, children of recognized Indians, and born in the Choctaw Nation; that this made them citizens of the nation, and that no admission by an Indian council could add to their rights; that they should not be deprived of their rights because of an act of Congress conceived by attorneys for the nations who were being paid per head for all persons they could keep off the roll and enacted by Congress without any Member of Congress in the House or Senate realizing its effects-the act of May 31, 1900.

The following persons are entitled to enrollment: Robert L. Vaughn, Edna A. Vaughn, Arthur C. Vaughn, Walter A. Vaughn, Victor K. Vaughn, Ore M. Vaughn, Mary J. Vaughn, Robert Vaughn, Annie M. Duncan, Jesse Duncan, Robert L. Duncan, Mary E. Duncan.

Respectfully submitted.

Walter S. Field, Attorney for Claimants.

Source Citation:
United States Congress. Five Civilized Tribes In Oklahoma, Reports of the Department of the
Interior and Evidentiary Papers in support of Aug 12, 1912- S. 7625, a Bill for the Relief of Certain Members of the Five Civilized Tribes in Oklahoma, Sixty-Second Congress, Third Session. Department of the Interior, United States. 1913.

Source-
http://www.accessgenealogy.com/native/vaughn-duncan-consolidated-cases-m-c-r.htm -

Fact- Although, It is True that there are 1,540, MCR-14th Article Mississippi Choctaw Listed on a "Special Mississippi Choctaw Rolls, Separate from the Dawes Final Rolls, However, The Choctaw Nation is prohibited from taking “Application” of a Descendants whose ancestor was an MCR-14th Article Mississippi Choctaw Claimant- Applications submitted for the enrollment in the Choctaw Nation Body of the Tribe, was/is prohibited under the act of May 31,1900, and June 10,1898 which prohibited the commission from receiving, considering, or making any record of any application of any person who is a 14th Article Mississippi Choctaw Claimant. Whether listed on the Final Rolls or not’ Whereas; the 14th Article Claimants’ who were/are the descendants or beneficiaries under article 14 of the treaty of 1830* only making Dawes Com., “Affidavit-Deposition” “For the Identification As Mississippi Choctaw” as a 14th Article Claimant entitled to share in the Proceeds of Choctaw Nation v United States settlement $9,000,000. Res Judicata-

Sincerely; Leo Pergson Su-Quah-Natch-Ah Band Choctaw- MSGenweb.Org USGenweb.Org- TheMSGenweb.Org

LeoPergson@Aol.Com

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