Choctaw Nation of Oklahoma

The Great Seal of the Choctaw Nation

Thomas Hays, Alexander Hays

Justin Walker Justin Walker

posted on January 13, 2013

I am trying to find more information about Thomas Hays (b. 1866, believe in Ft. Smith, d. 1945 in Dougherty), son of Alexander and Jennie Hays. Thomas is half Choctaw (listed on the Dawes rolls) and half Chickasaw. Not sure between Alexander and Jennie who is Choctaw and who is Chickasaw. Ideally I would like to learn more about Alexander and Jennie, who their parents were and where they were from. Thanks, Justin.

suzanne hamlet shatto suzanne hamlet shatto

posted on January 13, 2013

if thomas hays/hayes is on the dawes roll, then there would be a dawes packet that would show you this information: census card, application, supporting documents and possibly testimony.

also, tribal affiliation and tribal enrollment are two different topics.

Dawes Card Information

tribe last first middle age sex blood card roll misc type
Choctaw Elkin B T 0 M 5458 P
Choctaw Elkin Tempy 0 F 5458 P
Choctaw Hays Alexander 0 M 5458 P
Choctaw Hays Jennie 0 F 5458 P
Choctaw Hays Benton Orthella 1 M 1/4 5458 NR DOUGHERTY BB
Choctaw Hays Jennetta 1 F 1/4 5458 NR DOUGHERTY BB
Choctaw Hays Annetta 2 F 1/4 5458 NR DOUGHERTY BB
Choctaw Hays Rosa 21 F IW 5458 NR DOUGHERTY BB
Choctaw Hays Thomas 32 M 1/2 5458 NR DOUGHERTY BB
bb=by blood
iw=intermarried white, a general nontribal description

the chickasaw listing appears to double the names in the family group.
card#=family group

Dawes Card Information

tribe last first middle age sex blood card roll misc type
Chickasaw Elkin B T 0 M 658 P
Chickasaw Elkin B T 0 M 658 P
Chickasaw Elkin Tempey 0 F 658 P
Chickasaw Elkin Tempey 0 F 658 P
Chickasaw Hays Alexander 0 M 658 P
Chickasaw Hays Alexander 0 M 658 P
Chickasaw Hays Jennie 0 F 658 P
Chickasaw Hays Jennnie 0 F 658 P
Chickasaw Hays Benton Orthella 1 M 1/4 658 NR BB
Chickasaw Hays Benton Orthella 1 M 1/4 658 NR BB
Chickasaw Hays Jennetta 1 F 1/4 658 NR BB
Chickasaw Hays Jennetta 1 F 1/4 658 NR BB
Chickasaw Hays Annetta 2 F 1/4 658 NR BB
Chickasaw Hays Annetta 2 F 1/4 658 NR BB
Chickasaw Hays Rose 21 F 658 NR BB
Chickasaw Hays Rose 21 F IW 658 NR BB
Chickasaw Hays Thomas 32 M 1/2 658 NR BB
Chickasaw Hays Thomas 32 M 1/2 658 NR BB

since you want at least two family groups, you should probably get a one month’s subscription to, which would be available online.

the native census records, 1860 and 1885 might also have some heritage information. see the accessgenealogy link, native census and native databases and rolls.

i notice that some of the names are in this cemetery:
Hays, Benton O., b. 2/2/1900, d. 7/18/1900, s/o TH & R Hays
Hays, Dawson Harlen, b. 8/9/1905, d. 8/17/1910, s/o Thomas & Rosa
Hays, Isaac W., b. 5/18/1905, d. 6/23/1906, s/o Thomas Hays
Hays, Rosa, b. 7/17/1877, d. 1/2/1954
Hays, Thomas M., b. 1/2/1901, d. 1/26/1901, s/o TH & R Hays
Hays, Thomas, b. 7/20/1866, d. 3/30/1945
Dougherty Cemetery
Dougherty, Murray County, Oklahoma

there might be a better record on or

Birth: Jul. 26, 1866
Death: Mar. 30, 1945
Murray County
Oklahoma, USA

Family links:
Rosa Elkin Hays (1877 – 1954)*

*Calculated relationship

Dougherty Cemetery
Murray County
Oklahoma, USA
Plot: Sec G

rosa elkins hays
Birth: Jul. 17, 1877
Denton (Denton County)
Denton County
Texas, USA
Death: Jan. 2, 1954
Murray County
Oklahoma, USA

Printed in the Davis News on Jan 7, 1954;
Reprinted with permission


Services were held Jan 4 in the Dougherty Baptist church for Mrs Rosa Elkins Hayes, age 76, with burial in the Dougherty cemetery. Mrs Hayes was a native of Denton, Tex. She came to Indian Terr when she was 12 and had lived in this community some 62 years. She married Thomas Hayes in 1895. She was a member of Methodist church, Eastern Star and Rebekah lodges. her husband died in 1945.
She is survived by four daughters, Mrs Neta Pruitt, Mrs Dora Elkins, Mrs Hilda Pugh, Doughert, and Mrs Jeanette Lambert, Eufaula, Okla. Also nine grandchildren and seven great-grandchildren. Five sisters and two brothers also survive. Three of her sisters were present, Mrs Texana Turner, of County Line, Okla; Mrs Stella Hooper, Norman and Mrs Effie Price Robbstown, Tex.
Rev Jim House officiated and Dunn Funeral Home, Sulphur, had charge. Songs were sung by the Abel Brown quartet. Pallbearers were Jess Hunter, Cecil Hunter, Lee Howell, Bud West, Ed Hale and Charley Haney.

Family links:
Tempey K Elkin (1859 – 1910)

Spouse: Thomas Hays (1866 – 1945)

Dougherty Cemetery
Murray County
Oklahoma, USA
Plot: Sec G

tempe k. elkin (note not elkins on the stone)
Birth: Jun. 30, 1859
Death: Jul. 8, 1910

Family links:
John Quincy Adams Butler (1831 – 1916)
Elizabeth Standlee Butler (1830 – 1895)

Children: Rosa Elkin Hays (1877 – 1954)* Texana Elkin Turner (1884 – 1975)*

*Calculated relationship

Wife of B. T. Elkin
“None knew thee but to love thee”
“Come Ye Blessed”

Green Hill Cemetery
Murray County
Oklahoma, USA
Plot: Old South, 4S, Row 6

you should also try to find obituaries for all of these people. sometimes the local public library has access through the interlibrary loan program. state archives and state historical societies often have historical newspapers.

in any case, the dawes packets will have more information about this family.

with these names, you may have to be generous in spelling.

1900 United States Federal Census about Benjamin T Elkin
Name: Benjamin T Elkin
Age: 48
Birth Date: abt 1852
Birthplace: Indiana
Home in 1900: Township 1, Chickasaw Nation, Indian Territory
Race: White
Gender: Male
Relation to Head of House: Head
Spouse’s Name: Tempy Elkin
Occupation: View on Image
Neighbors: View others on page
Household Members:
Name Age
Benjamin T Elkin 48
Tempy Elkin 40
Leanna Elkin 15
Stella Elkin 19
Ama Elkin 9
Effa Elkin 6
Joseph T Elkin 2
Minnie O Elkin 3/12
Source Citation: Year: 1900; Census Place: Township 1, Chickasaw Nation, Indian Territory; Roll: 1848; ; Enumeration District: 0139; FHL microfilm: 1241848.

Texas Marriage Collection, 1814-1909 and 1966-2002 about Mattie Tempy Butler
Name: Mattie Tempy Butler
Marriage Date: 1 Dec 1875
Spouse: B. T. Elkins
Marriage County: Bosque
Marriage State: Texas
Source: Texas Marriages, 1814-1909

1880 United States Federal Census about Benjn. T. Elkin
Name: Benjn. T. Elkin
Age: 27
Birth Year: abt 1853
Birthplace: Indiana
Home in 1880: Eastland, Texas
Race: White
Gender: Male
Relation to Head of House: Self (Head)
Marital Status: Married
Spouse’s Name: Tempy Elkin
Father’s Birthplace: Kentucky
Mother’s Birthplace: Kentucky
Neighbors: View others on page
Occupation: Farmer
Cannot read/write:


Deaf and dumb:

Otherwise disabled:

Idiotic or insane:

View image
Household Members:
Name Age
Benjn. T. Elkin 27
Tempy Elkin 18
Mary A. Elkin 4
Rosetta Elkin 2
Source Citation: Year: 1880; Census Place: , Eastland, Texas; Roll: 1301; Family History Film: 1255301; Page: 327D; Enumeration District: 174; .

1910 United States Federal Census about Rosa Hays
Name: Rosa Hays
Age in 1910: 31
Birth Year: abt 1879
Birthplace: Texas
Home in 1910: Lowrance, Murray, Oklahoma
Race: White
[Indian (Native American)]
Gender: Female
Relation to Head of House: Wife
Marital Status: Married
Spouse’s Name: Thomas Hays
Father’s Birthplace: Illinois
Mother’s Birthplace: Missouri
Neighbors: View others on page
Household Members:
Name Age
Thomas Hays 43
Rosa Hays 31
Anitia Hays 15
Jeneta Hays 13
Dora F Hays 9
Dawson H Hays 4
Augusta H Hays 2
Source Citation: Year: 1910; Census Place: Lowrance, Murray, Oklahoma; Roll: T624_1263; Page: 3A; Enumeration District: 0203; ; FHL microfilm: 1375276.

1910 United States Federal Census about Thomas Hays
Name: Thomas Hays
Age in 1910: 43
Birth Year: abt 1867
Birthplace: Oklahoma
Home in 1910: Lowrance, Murray, Oklahoma
Race: Indian (Native American)
Gender: Male
Relation to Head of House: Self (Head)
Marital Status: Married
Spouse’s Name: Rosa Hays
Father’s Birthplace: Mississippi
Mother’s Birthplace: Mississippi

the 1910 census says he is choctaw on both sides. this is only a self-report and maybe someone else in the household gave information.
this also says they were married 16 years previous to 1910, so maybe about 1894.

i have been looking for the family in 1900 and have not yet found them. there might be a mistranscription or other error. you should find them.

the native records are sparse. the war department was keeping records 1800-1900 or so. the native language was an oral tradition and native languages only became written languages after 1850. so the tribe doesn’t have records. the war department records are at the national archives
try the fort worth, TX office first.

accessgenealogy has transcribed indices of many of these records on their website.

thomas hays would have filed a social security application 1/1/1937 and shown a birth record to show proof of age. this is likely a delayed birth certificate. check with oklahoma vital records and see if they have a delayed birth certificate or birth certificate for thomas hays. this can give you birthplace and birthdate.

genealogists use names, dates, locations, children and spouses to match records. if you have a common surname, you need to give more information rather than less. if you post about women, it is helpful to include the maiden name and the married name and designate which one is the maiden name.

start with what you know, gather documentation, then you can go backward in time. so get your birth certificate, your parents’ birth certificates and marriage license and then you can start on your grandparents. if someone passed away after 1/1/1937, they probably have a social security application on file. if you ask a government agency for a birth certificate, and they were born before 1929, they might have submitted a delayed birth certificate. death certificates, cemetery information and obituaries are helpful. you can usually get a copy of an obituary, newspaper mentions such as birth of a child or marriage, through the interlibrary loan program – see your local public library for this. i usually start with the death and work toward the person’s birth. military records and pension records can be helpful. census records can tell you where they were at particular times, names of family members. the census records up to 1940 are available, although the 1890 census was largely destroyed.

obituaries through the oklahoma choctaw tribe is through the history link for the tribe:

social security application for a deceased person:
form SS-5.

your public library probably has a subscription to heritage quest and is another useful database for native records and military records, but they are a subscription. however, many times their month’s subscription price is less than the price of a dawes packet, however check with accessgenealogy’s database to see if your relative’s dawes packet is exists or is available at fold3.
partial names are allowed.

bear in mind that many records are not online. always collect documents, as just the reference to a relative in an index informs you that a document is available.

death records:
death certificate: state vital records or if very old, state archives. ask for the person’s name at the time of death. you can look at death indices, such as the social security death index 1964-present for a date of death on or
obituary: see your local public library, interlibrary loan program. ask for the person’s name at the time of death. approximate date of death is helpful. if old, state historical society or state archives might have historical newspapers.
cemetery record: try or ask for the person’s name at the time of death. if you find a relative, you can click on the county or cemetery to see if others with the same surname are buried there.

marriage records:
state vital records office, county clerk or if old, state archives or state historical society.

birth records:
state vital records office, or if old, state archives or state historical society. if the birth was before 1940, ask for a birth certificate or a delayed birth certificate. many people had to get delayed birth certificates when social security came into effect because they had to show proof of age. this will be under the name used at the time of birth.

census records:
you will want to search for census records 1940 on down to the birth of your relative. the federal census was taken every 10 years, however the 1890 census was largely destroyed by fire. there are also some state census records and native census records and native rolls. and heritage quest are two databases that include many census records. many native census records kept by NARA ( are transcribed at accessgenealogy.
several helpful links for records in the choctaw territory

first of all, heritage and tribal enrollment are two different things. many times natives didn’t apply for enrollment because 1) they didn’t qualify, 2) they were philosophically opposed to enrollment, 3) they didn’t have documentation, or 4) they were mississippi choctaw and their ancestor had accepted land or benefits in lieu of tribal enrollment.

for those people who do not yet have a card, you should research the 1900-1940 census to know approximate dates of birth, birthplaces, family members. this will also tell you if someone is more likely to be on the freedman roll or as applicants to the dawes roll taken 1896-1906 in indian territory/oklahoma for the five major tribes.

applicants can be found here:
partial names are ok. look at the guide link for explanation of the codes.

when you find a possible name, then click on the card# in the card column to see the family group. if it is your family group, and they were likely enrolled, then you can search the oklahoma historical society’s dawes roll link to get the enrollment #’s for particular family members.

if your family was enrolled by council action early in the process or was enrolled by lawsuit, they might not appear on the oklahoma historical society website. you would have to check with the tribe on that.

even if your family was rejected by the dawes process, you may want the testimony, census card, application information for your genealogical purposes.

the federal census will also help you decide which state to contact for vital records.

the dawes roll was taken 1896-1906, so you should trace your ancestors down to that time period. mostly, they had to be living in oklahoma by that time and agree to live there permanently.

history of the dawes roll
wikipedia entries are sometimes opinionated; entered by volunteers.

helpful information about tribal enrollment

freedmen information:
many freedmen links on this webpage:

2 ways to search:
this will let you enter partial names to get card#. click on the card# in the card column and you can see other names in that family.
other resources on the left and at the bottom of this webpage. native census records and databases are especially useful.
this will give you card# (family group) and enrollment #. they have some native marriage records too. other oklahoma records listed at left.
if your relative was enrolled by court action, their name might not be on this list.
if the name is common, you may find too many possible records.
you can order the dawes packet from the oklahoma historical society website.

if you find a relative listed on the dawes roll, fold3 may have filmed the record and could be available online.
other resources are NARA

the five civilized tribes book put out by the department of the interior has testimony.
and you can read it online

and these are the microfilms at fort worth TX archives.

there may be additional records about your relative:
contact NARA for these and other records listed on this webpage.

75.23.1 Records of the Dawes Commission
75.23.2 Records of the U.S. Indian Inspector for Indian Territory
75.23.3 General records of the Commissioner to the Five Civilized Tribes
(Record Group 75)
oklahoma newspaper and archives search. some of these resources may be available through interlibrary loan/public library.

the tribe has an excellent information to help you. it is found under genealogy advocacy.
some obituaries:

NARA federal records repository. the fort worth, TX office has archives for oklahoma and texas tribes. atlanta/morrow office has archives for the southwest tribes. many offices have microfilmed records for several tribes. note that this web address has changed recently from

freedmen info:
You can ONLY apply for Choctaw Nation Membership, AFTER you have obtained a CDIB card proving your Choctaw Blood lineage to a direct ancestor who actually enrolled, BY BLOOD. Freedmen DID NOT enroll By Blood. When US Congress closed the Final Dawes Commission Rolls, there were no provisions granting Freedmen any benefits after the Dawes Commission closed. The tribe Constitution states BY BLOOD. however, the documents (application, census card and testimony) may help you find out more about your heritage.

about blood quantum laws:
calculations about blood quantum:

mississippi choctaw and choctaw tribe explained here:

jena choctaw tribe in louisiana:

MOWA tribe
MOWA Band Of Choctaws Wilford Taylor 1080 Red Fox Road Mount Vernon, AL 36560 (251) 829-5500. E-Mail:

other choctaw tribes:

chickasaw historical society
Historic Preservation and Repatriation Office
Phone: (580) 272-5325
Fax: (580) 272-5327
2020 E. Arlington, Suite 4, Ada, OK 74820
send mail to: P.O. Box 1548, Ada, OK 74821

chickasaw tribe
Chickasaw Nation Headquarters
520 East Arlington, Ada, OK 74820
Phone (580) 436-2603
Mailing address: P.O. Box 1548, Ada, OK 74821

chickasaw genealogy archive center Tribal Library
Phone: (580) 310-6477
Fax: (580) 559-0773
1003 Chamber Loop, Ada, OK 74820
send mail to: P.O. Box 1548, Ada, OK 74821
oklahoma historical society
marriage records

other historical societies:
some oklahoma genealogical societies:

texas tribes

oklahoma tribes:

some links for the choctaw.
i looked at the land records and those need a lot of work. i have no information about whether or when they will improve some of these categories.

types of records available for native americans:
pages 366-369 in particular although the entire native american chapter is helpful.
The Genealogist’s Companion and Sourcebook:
Guide to the Resources You Need for Unpuzzling Your Past
Emily Anne Croom
you can ask for these particular pages from your local public library. if they don’t have the book, you can get the pages through the interlibrary loan program.
native american records are discussed in pages 352-386.

Tracing ancestors among the Five Civilized Tribes: Southeastern Indians …
By Rachal Mills Lennon
this book could be accessed through the interlibary loan program also.

always find the state archives. some records are online, some records are not. but many times you can find a record not found in other places. you want to see also about newspaper mentions for obituaries, births, marriages in particular.

check courts for probate, civil and criminal cases, marriage records.

if your ancestors lived on a reservation, they might not appear on a federal census because they were not taxed.
1860 census, indian territory.

this book is a good read about the dawes roll and how they implemented it.
The Dawes Commission and the allotment of the Five Civilized Tribes, 1893-1914
By Kent Carter
and you can read this book online. your relatives’ testimony might be in the book.
see the menu at left. you can download it.
you should look at the enrollment application, census card and testimony. this post will tell you how to do that. these documents will tell you more about your heritage, but it won’t help you if your goal is to be enrolled in the choctaw tribe of oklahoma. some people were classed as mississippi choctaw if the family had a native heritage but didn’t qualify for enrollment in the tribe.

there are 63 tribes in oklahoma but only the five major tribes are on the dawes roll. look at your family’s location around 1900-1930 time period (census will help you there) and see if there was a tribe located nearby. it is possible that your relatives were affiliated with another tribe.

if they were mississippi choctaw, there is probably a land grant in MS/AL to a head of household called choctaw scrip land. this was given in lieu of tribal enrollment 1830-1880 time period. has a database of the MS and AL choctaw scrip land records, called mississippi or alabama land records. there are other land records in those databases too,, so you have to look at the authority/source cited. NARA has those land record packages.

the mississippi choctaw was not removed from oklahoma. but they were largely rejected for tribal enrollment.

this website might help you in your search. some people are trying to transcribe applications.
i do not know what they are trying to transcribe, but this is the volunteer page

and this might be of interest to you:
Rights of Mississippi Choctaws in the Choctaw Nation
Index to the Final Rolls of the Citizens and Freedmen of the Five Civilized Tribes in Indian Territory
the dawes roll is composed of applications to the five major tribes in oklahoma.

good advice about native research:

if your relatives came from a different geographic location or belonged to a different tribe, try searching google for the state and tribes. you might find a contact for a state-recognized tribe or a federal recognized tribe.

this page can help you set up a targeted google search.

penny postcards. this is a website that features pictures that were on postcards. click on the state to see the postcards that they have.
if you have a penny postcard, you can click on submissions to add your penny postcard to the collection.

these searches will combine several possible search terms and give you the best matches.

i have collected many resources over the years. if you want to write to me, and request the choctaw resource list, i will be glad to send it to you.

i am just a volunteer that wants to empower people to learn how to do genealogy.

suzanne hamlet shatto