Choctaw Nation of Oklahoma

The Great Seal of the Choctaw Nation

Choctaw Nation tribal court

 Noodles Noodles

posted on April 16, 2011

I need some history regarding law enforcement in Indian territory in the late 1800. If you were tried in the Choctaw Nation Court and found guilty, where did you serve your time? What did the tribe do with the guilty person? Was there a county jail even through Oklahoma wasn’t a State? Where can you find these records? If anyone knows, please give me a history lesson.

suzanne hamlet shatto suzanne hamlet shatto

posted on April 17, 2011

you might look at the fort smith actions. records are at NARA, national archives and records administration.
http;// fort worth, TX office.

fort worth, TX has the south central native records and records of the territory.


suzanne hamlet shatto suzanne hamlet shatto

posted on April 17, 2011

A new Constitution was adopted in 1860, which provided the 3 branches of government: legislative, executive and judicial. A Principal Chief was to be elected by all eligible voters of the Tribe, and provisions were also made for other national executive officers, including a National Secretary, National Treasurer, National Auditor, and National Attorney. The Senate and House of Representatives together comprised the National Council. Representation included 12 Senators, 4 from each District, and 18 Representatives. The 3 Judges of the Choctaw Supreme Court (1 from each District), were selected by the National Council for a term of 4 years. The election of District Chiefs, District Judges, and District Attorneys was continued under this Constitution.

The 3 Districts were now subdivided into counties, each with it’s own set of county officers, including a judge, sheriff and ranger. Each official had special duties in administering Choctaw laws in his own county.

The Principal Chief concept was first established in the 1860 Constitution, the seventh Constitution of the Choctaw Nation. At that time the three district Chiefs were continued. This constitutional system of government, with a few minor revisions, prevailed until the abolition of the Choctaw National Government in 1906.

maybe you should contact the choctaw court and the oklahoma historical society.

see cole, garvin, mcmurray
you might be able to contact these sources directly or get them through interlibrary loan, through your local public library. for fastest service, you might be able to specify email for document return. if time is short, try to contact the source directly for fastest service.

choctaw marriages performed by the choctaw court:
constitution is also there.

description of the location of the court:
you can also try searching all of the oklahoma chronicles for court as a keyword.

this article:
Copyright © 2002 Kansas Law Review, Inc.
Kansas Law Review
INDIGENOUS NATIONS LAW ISSUE: INTRODUCTION: Reclaiming Jurisprudential Sovereignty: A Tribal Judiciary Analysis

April, 2002
50 Kan. L. Rev. 473

Gavin Clarkson *
see interlibrary loan/public library for this article.

general resource:
Introduction to Tribal Legal Studies: Second Edition is the only available comprehensive introduction to tribal law. In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law. The second edition provides significant updates on all changes in laws affecting the tribes, numerous new case studies (including studies on Alaskan tribes and family law), and a new concluding chapter.

possible information:
choctaw nation historical museum in tuskahoma, OK

another resource:
Pittsburg County Genealogical and Historical Society

Choctaw Nation, Indian Territory, Marriage and Selected Court Records of Tobucksy, Townson, Wade, and Jackson Counties. Abstracted records of Choctaw Nation, Tribal Court Marriages, Divorces, Probate, and other selected records (1858-1907), comprising 542 Records. 54 Pages. $12.00

another book:
Corpus juris: being a complete and systematic statement of the … – Google Books Result
William Mack, William Benjamin Hale, Donald J. Kiser – 1920 – Law
this book is available on google books.

Choctaw Crime and Punishment, 1884-1907 [Hardcover]
Devon Abbott Mihesuah
this book is on amazon and would probably be available through interlibrary loan.

i don’t know your timeline for information.

hopefully these links might help you.