Choctaw Nation of Oklahoma

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Act of June 29,1898-Whether "Mixed or "Full Blood" as MCR-14th Article Claimants-"FOR THE IDENTIFICATION AS MISSISSIPPI CHOCTAWS" Being a Choctaw Nation ASSUMED LIABILITY/ Did not require a CDIB Application" As "MISSISSIPPI CHOCTAWS"

Leo Pergson Leo Pergson

posted on June 10 and updated on June 11

REVIEW OF ENROLLMENT WORK UNDER THE VARIOUS LAWS OF CONGRESS. MEMBERS OF THE COMMITTEE Washington D.C. Printing Office 1910-[H. R. 19279, Sixty-first Congress, second session.]Under the act June 28,1898,

A BILL For the relief of Choctaw and Chickasaw Indians.

Commissioner Bixby. I was in the Chickasaw Nation in the fall of 1898.

Question. Were you in charge of the examination and identification of either
the citizens by blood, freedmen, or intermarried?

■Commissioner Bixby. I presided in the tent at which the applicants who claimed
enrollment by reason of Chickasaw blood or Choctaw blood presented themselves.

Question. Was everything that was said by the applicant at the time he or she
appeared before you for enrollment entered upon the examination record, such
as that [exhibiting paper to the witness]?

Commissioner Bixby. No, sir; not at all.

Question. Such portions of their statement as you deemed proper to place upon it?
Commissioner Bixby. We did not take any testimony in our tent at all.

The only record made by the commission of the examination of Indians by blood
consisted of notations on what was known as a field card
.

On (id.) page 500 Commissioner Bixby said:

In the tent where I enrolled the Indians by blood, we simply made cards. We did
not take any testimony at all. That is the proceedings we followed all through the
(Creek) Chickasaw Nation
.

FOR THE IDENTIFICATION AS MISSISSIPPI CHOCTAWS was the only enrollment Card made for the Indians by blood, where we simply made cards*
-—————-
Act of June 29,1898-as MCR-14th Article Claimants-“FOR THE IDENTIFICATION
AS MISSISSIPPI CHOCTAWS” being a Choctaw Nation Assumed Liability’

Under the Act June 28,1898 as to Choctaw Berryman Sallie 0 F MCR4849 P, Under this act the laws did not require an “APLLICATION” for any enrollment by Blood- only that your criteria was listed on some list or criteria such as “FOR THE IDENTIFICATION AS MISSISSIPPI CHOCTAWS” As I believe there was such a Card under the Anderson MCR-14th Article Case files-
Copy and paste this Discussion material and send it to the newly elected Chief Batton, Choctaw Nation[Oklahoma] as to the same/ The act of June 28,1898 did not require any CDIB “APPLICATION” For Dawes Enrolment onto the Feb 8,1887 Final Rolls/ and does not require any CDIB Application for Enrollment to-day and by this act only required that the MCR-14th Article removal and Bonafied settlement in the Indian Territories within prescribed time by the Commission/ which certainly never happened because the Act of June 28,1898 had no bearing whatsoever on the “REJECTION” of the MCR-14th Article "CAIMANTS in the Indian Territories/

■The law, however, certainly did not require such an application. ****
By this unwarranted and unauthorized holding many “blood” Indians entitled
to enrollment as citizens by blood were either denied enrollment or enrolled
on the freedmen rolls.

Cheryl ann marie
posted on July 9, 2010 and updated on July 9, 2010

The following claimants are entitled to enrollment:Sallie Berryman,Margie Berryman (daughter), Maud Berryman(daughter),
Joe Berryman (son), Corrine Berryman (daughter), John Berryman (grandson, son of Albert B., dead), Francis Berryman (son),
Robert Berryman (son), Eldridge Berryman (grandson, son of Robert), Elmina Berryman (granddaughter, daughter of Robert),
Monroe Berryman (grandson, son of Robert), Australia Rogers (nee Berryman), Essie Rogers, Oceola Rogers, Ollie Rogers,
and Ethel Rogers, all by blood.
http://trees.ancestry.com/tree/7107443/person/-1136523722/media/1

Ollie Robert Rogers was born in McAlester (IT) Oklahoma.
He married Helen Marie Paakkonen.
His children were born in Minnesota:
James Wallace Rogers 1
Robert Ollie Rogers.
Both sons had 5 children who are now grandparents.

Does the Choctaw nation need D.N.A. ?

http://trees.ancestry.com/tree/7107443/person/-1136523722/media/1

Affidavits filed, showing applicants descended from Calvin Campbell and Alabacha, a full-blood Choctaw and from Samuel
Anderson, a full blood.

February 12, 1003. Decision refusing applicants enrollment as Mississippi Choctaws. It is therein stated that the name of Calvin
Campbell appears on page 111, volume 7, American State Papers, and that the name of Samuel Anderson appears on pages 40
and 127 of said record, said citations being to claims under the treaty of 1830; that the name of Alabacha appears on page
18, volume 1, claimant’s brief and evidence in case of Choctaw Nation v. United States, No. 12742, as a woman and the mother
of two children under 10 years of age.

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

this book has been scanned into google books. pages 439-441

these are the records at issue:
Dawes Results
Total Records: 10 Tribe Last First Middle Age Sex Blood Card Roll Misc Type
Choctaw Berry Sally 22 F 1/16 MCR108 MCR
Choctaw Berryman Sallie 0 F MCR4849 P
Choctaw Berryman Sallie 0 F MCR720 P
Choctaw Berryman Sallie 0 F MCR5514 P
Choctaw Berryman Sallie 50 F NR R371 R
Choctaw Berryman Sallie 53 F 3/4 MCR131 MCR
Choctaw Berrynian Sallie 0 F R561 P

one of the card#/family groups:
Dawes Card Information

tribe last first middle age sex blood card roll misc type
Choctaw Anderson Lucy 0 F MCR131 P
Choctaw Berryman Dulcie 0 F IW MCR131 MCR
Choctaw Berryman John 5 M 3/8 MCR131 MCR
Choctaw Berryman Corrinne 13 F 3/8 MCR131 MCR
Choctaw Berryman Joe 15 M 3/8 MCR131 MCR
Choctaw Berryman Maude 18 F 3/8 MCR131 MCR
Choctaw Berryman Margie 20 F 3/8 MCR131 MCR
Choctaw Berryman Sallie 53 F 3/4 MCR131 MCR
Choctaw Berryman Milton 54 M IW MCR131 MCR
Choctaw Campbell Neal 0 M MCR131 P
Choctaw Weston Augusta 32 F 3/8 MCR131 MCR
-————————————————————————
CHOCTAW AND CHICKASAW ROLLS

Committee on Indian Affairs House of Representatives
HR- 19279 Hr- 19552 HR and HR 22830
Sixty Second Congress

MEMBERS OF THE COMMITTEE Washington D.C. Printing Office 1910-
[H. R. 19279, Sixty-first Congress, second session.]

A BILL For the relief of Choctaw and Chickasaw Indians.

REVIEW OF ENROLLMENT WORK UNDER THE VARIOUS LAWS OF
CONGRESS.

The pertinent provisions of the act of June 10, 1896 (29 Stat., 339, 340), were:
That said commission is further authorized and directed to proceed at once to
hear and determine the application of all persons who may apply to them for
citizenship in any of said nations, and after such hearing they shall determine
the right of such applicant to be so admitted and enrolled: Provided, however,
That such application Shall be made to such commissioners within three months
after the passage of thia act. The said commisson shall decide all such applications
within ninety days after the same shall be made. That in determining all such
applications said commission shall respect all laws of the several nations or
tribes, not inconsistent with the laws of the United States, and all treaties with
either of said nations or tribes, and shall give due force and effect to the rolls,
usages, and customs of each of said nations or tribes: And provided further, That
the rolls of citizenship of the several tribes as now existing are hereby confirmed,
and any person who shall claim to be entitled to be added to said rolls as a citizen
of either of said tribes and whose right thereto has either been denied or not acted
upon, or any citizen who may within three months from and after the passage of
this act desire such citizenship, may apply to the legally constituted court or
committee designated by the several tribes for such citizenship, and such court
or committee shall determine such application within thirty days from the date
hereof.
P-5
■CLAIMANTS NOT EXAMINED UNDER OATH AND THEIR EXAMINATION
REDUCED TO WRITING AS REQUIRED BY. THE STATUTE AND THE
INSTRUCTIONS OF THE DEPARTMENT.

On August 8, 1899, the Secretary approved instructions to the commission
(S. Rept. 5013, pt. 2, 59tn Cong., 2d sess., p. 1558) in part as follows:
The rolls as made up by your commission must, to become final, receive the
approval of the Secretary of the Interior. It will therefore be necessary for you
to make a record in all cases sufficient to enable this office and the department
to take intelligent action in the premises, and especially in those cases where
your decision either for or against the right of any person to have his name
appear upon the roll is complained of.

For the purpose of this record you will require each applicant for enrollment
to present himself in person before the commission at one of its appointments
within the tribe in which such applicant claims right to enrollment for examination
under oath, his statement to be taken down by the commission, upon which the
commission will determine his right to enrollment, and such record and action
of the commission will be preserved and transmitted with the rolls to
be considered by this office and the department when the rolls made by the
commission are submitted" for the approval of the Secretary of the Interior.
The commission on July 28, 1898, served notice on all Choctaw and Chickasaw
claimants to appear before it at certain places on certain days for examination,
no mention being made of the submission of an application. This census notice
appears in full in Senate Report 5013, part 1, Fifty-ninth Congress, second
session, page 476.

Chairman Bixby had personal supervision in 1898 of the examination of citizens
By blood. On November 16, 1906, he appeared before the select committee of the
Senate and under oath (S. Rept. 5013, pt. 1, 59th Cong., 2d sess., pp. 498-500)
testified as follows:

Question. Were you in the field when applicants were examined and identified
under the act of 1898?

Commissioner Bixby. I was in the Chickasaw Nation in the fall of 1898.

Question. Were you in charge of the examination and identification of either
the citizens by blood, freedmen, or intermarried?

■Commissioner Bixby. I presided in the tent at which the applicants who claimed
enrollment by reason of Chickasaw blood or Choctaw blood presented themselves.

Question. Was everything that was said by the applicant at the time he or she
appeared before you for enrollment entered upon the examination record, such
as that [exhibiting paper to the witness]?

Commissioner Bixby. No, sir; not at all.

Question. Such portions of their statement as you deemed proper to place upon it?
Commissioner Bixby. We did not take any testimony in our tent at all.

The only record made by the commission of the examination of Indians by blood
consisted of notations on what was known as a field card
.

On (id.) page 500 Commissioner Bixby said:

In the tent where I enrolled the Indians by blood, we simply made cards. We did
not take any testimony at all. That is the proceedings we followed all through the
(Creek) Chickasaw Nation
.

On page 501 Commissioner Bixby testified:

■Question. In the adjudication of cases before your commission, do you consider
that card as a portion of the evidence? Commissioner Bixby. Yes, sir.

William O. Beall, an official of the commission and in charge of the Choctaw and
Chickasaw enrollment division at the time the final rolls were being prepared,
testified before W. D. Foulke, special inspector for the department, on
November 20, 1906, under oath (p. 95, S. Doc. No. 357, 59th Con. 2d sess.),
as follows:

Q. Since you considered it your duty to notify the department of every material
record in a case, will you explain why a notice of the contents of the field cards
or copies of the field cards were not sent up with the decision in cases?—

A. Do you want my opinion, or as a matter of fact?

Q. As a matter of fact.—A. As a matter of fact, it has never been the policy of
the office to do that.

Q. Of the commission generally, or the Choctaw or Chickasaw division?—

■A. Never to my personal knowledge since I have been employed here. I believe
that these proceedings have been the first that ever a card has been taken out of
the vaults to be made a part of the record in any proceedings. *

■Q. Is it the first time that a copy has been made of the contents of a card?—

■A. Since the approval of the act of April, 1906, authorizing copies of records
to be made, the commissioner has made such copies. 1 don’t believe, though,
that any such copy of any card in any of the divisions was ever attached to and
made a part of any enrollment record.

Thus from the sworn admissions of the government officers it appears:
First. That claimants were never properly examined as to their blood rights,
and no record was made of their testimony.

Second. That neither the basic examination record (the field card with the
notations placed thereon by the commission) nor a copy of it was ever
transmitted to the Secretary with the record in any case. The object of
this will be made clear when we later come to consider the relations of
William O. Beall to this case. I will also deal with the rights of persons of
mixed Indian and negro blood to enrollment as Indians under a separate
chapter.

Act of May 31, 1900 (31 Stat., 236-237).—While the examination of all
Choctaw and Chickasaw claimants was proceeding under the act of
June 28, 1898, what is known as the exclusion act of May 31, 1900, was
passed. It provided:

That said commission shall continue to exercise all authority heretofore
conferred on it by law. But it shall not receive, consider, or make any
record of any application of any person for enrollment as a member of
any tribe in Indian Territory who has not been a recognized member
thereof, and duly and lawfully enrolled or admitted as such, and its
refusal of such applications shall be final when approved by the
Secretary of the Interior: Provided, That any Mississippi Choctaw duly
identified as such by the United States Commission to the Five Civilized
Tribes shall have the right, at any time prior to the approval of the final
rolls of the Choctaws and Chickasaws by the Secretary of the Interior,
to make settlement within the Choctaw-Chickasaw country-, and on
proof of the fact of bona fide settlement may be enrolled by the United
States commission and by the Secretary of the Interior as Choctaws
entitled to enrollment.

This act had the effect of bringing to an end the examination of claimants===
under the act of June 28, 1898, for thereafter the commission could not
receive, consider, or make any record of the right of any person to
enrollment unless "he had been a recognized citizen of the tribes
and
duly and lawfully enrolled or admitted as such." The object of this act
is apparent on its face, for no person could be enrolled thereafter unless
he had been “duly and lawfully enrolled or admitted as such” by the half
breeds and whites who had for years been in control of the tribal affairs
and whose corrupt administration of the Indian governments was the direct
cause of the intervention by the United States
Several thousand applications
were submitted to the commission by blood Indians after this date, as will
appear from the Howell report, and they were rejected because the names
of the claimants did not appear on the half dozen rolls and parts of rolls
furnished the commission by the Indian authorities, notwithstanding many
of the names of the claimants and their ancestors appeared on the official
rolls then in the custody of the departmental officers at Washington, but
which official rolls the departmental officers refused to consider.
Act of July 1, 1902 (22 Stat., 464).—The act of July 1, 1902, provided:

Sec. 27. The rolls of the Choctaw and Chickasaw citizens and Choctaw and
Chickasaw freedmen shall be made by the Commission to the Five Civilized
Tribes, in strict compliance with the act of Congress approved June twenty eighth,
eighteen hundred and ninety-eight (Thirtieth Statutes, tour hundred
and ninety-five), and the act of Congress approved May thirty-first, nineteen
hundred (Thirty-first Statutes, two hundred and twenty-one), except as herein
otherwise provided: Provided, That no Person claiming right to enrollment and
allotment and distribution of tribal property, by virtue of a judgment of the
United States court in the Indian Territory under the act of June tenth, eighteen
hundred and ninety-six (Twenty-ninth Statutes, three hundred and twenty-one),
and which right is contested by legal proceedings instituted under the provisions
of this agreement, shall be enrolled or receive allotment of lands or distribution
of tribal property until his right thereto has been finally determined.

Sec. 28. The names of all persons living on the date of the final ratification
of this agreement entitled to be enrolled as provided in section twenty-seven
hereof shall be placed upon the rolls made by said commission; and no child
born thereafter to a citizen or freedman, and no person intermarried thereafter
to a citizen shall be entitled to enrollment or to participate in the distribution
of the tribal property of the Choctaws and Chickasaws.

Sec. 34. During the ninety days first following the date of the final ratification
of this agreement, the Commission to the Five Civilized Tribes may receive
applications for enrollment only of persons whose names are on the tribal
rolls, but who have not heretofore been enrolled by said commission,
commonly known as “delinquents,” and such intermarried white persons as
may have married recognized citizens of the Choctaw and Chickasaw nations
in accordance with the tribal laws, customs, and usages on or before the date
of the passage of this act by Congress, and such infant children as may have
been born to recognized and enrolled citizens on or before the date of the
final ratification of this agreement; but the application of no person whomsoever
for enrollment shall be received after the expiration of the said ninety days:
Provided, That nothing in this section shall apply to any person or persons===
making application for enrollment as Mississippi Choctaws, for whom provision
has herein otherwise been made.

Sec 41. All persons duly identified by the Commission to the Five Civilized
Tribes under the provisions of section twenty-one of the act of Congress
approved June twenty-eighth, eighteen hundred and ninety-eight (Thirtieth
Statutes, four hundred and ninety-five), as Mississippi Choctaws entitled to
benefits under article fourteen of the treaty between the united States and
the Choctaw Nation concluded September twenty-seventh, eighteen
hundred and thirty, may, at any time within six months after the date of
their identification as Mississippi Choctaws by the said commission,
make bona fide settlement within the Choctaw-Chickasaw country, and
upon proof of such settlement to such commission within one year after
the date of their said identification as Mississippi Choctaws shall be
enrolled by such commission as Mississippi Choctaws entitled to allotment
as herein provided for citizens of the tribes, subject to the special provisions
herein provided as to Mississippi Choctaws, and said enrollment shall be
final when approved by the Secretary of the Interior. The application of
no person for identification as a Mississippi Choctaw shall be received by
said commission after six months subsequent to the date of the final
ratification of this agreement, and in the disposition of such applications===
all full blood Mississippi Choctaw Indians and the descendants of any
Mississippi Choctaw Indians, whether of full or mixed blood, who received
a patent to land under the said fourteenth article of the said treaty of eighteen
hundred and thirty who had not moved to and made bona fide settlement in
the Choctaw-Chickasaw country prior to June twenty-eighth, eighteen
hundred and ninety-eight, shall be deemed to be Mississippi Choctaws,
entitled to benefits under article fourteen of the said treaty of September
twenty-seventh, eighteen hundred and thirty, and to identification as such
by said commission; but this direction or provision shall be deemed to be
only a rule of evidence, and shall not be invoked by or operate to the
advantage of any applicant who is not a Mississippi Choctaw of the full
blood, or who is not the descendant of a Mississippi Choctaw who
received a patent to land under said treaty, or who is otherwise barred
from the right of citizenship in the Choctaw Nation. All of said Mississippi
Choctaws so enrolled by said commission shall be upon a separate roll.
The commission held when it came to make up the final rolls: (a) That no
person except Mississippi Choctaws could be enrolled unless his or her
name appeared on some one of the incomplete half dozen rolls or parts
of rolls furnished the commission by the Indian authorities and set out in
Senate Document 505, Sixtieth Congress, first session, page 7, thus
excluding those blood Indians whose names appear on the official rolls
of the tribes then in the files of the department. This holding was in
violation of the express provisions of the act of June 28, 1898, as
construed by Assistant Attorney-General Van Devanter. (See Howell
report for cases.)

(6) No person could be enrolled on the citizenship rolls unless he or she
had made an application for such enrollment. Under this holding, unless
the commission had made a notation on the field card prepared under the
act of June 28, 1898, that the applicant had applied for enrollment on the
citizenship rolls, the claimant, although a blood Indian, was denied
enrollment, notwithstanding the act of June 28, 1898, did not provide for
the submission of any application whatsoever. Secretary Garfield, in a
communication to the Senate (S. Doc. No. 675, 60th Cong., 2d sess., p. 5),
admitted the accuracy of the above statement. He says:
Therefore it is practically true that applications were in all instances the
basis of action which led to enrollment.
On page 4 he says:

■The law, however, certainly did not require such an application. ****
By this unwarranted and unauthorized holding many “blood” Indians entitled
to enrollment as citizens by blood were either denied enrollment or enrolled
on the freedmen rolls.

For individual cases denied under this erroneous holding, see Howell report.
© That no person (except Mississippi Choctaws) could be enrolled.

The act of June 28, 1898, provided:

No person shall be enrolled who has not heretofore removed to and in good
faith settled in the nation in which he claims citizenship.

Under this holding Indian children in eastern schools were denied enrollment.
(See cases cited in Howell report.) Indians who were temporarily absent on
account of ill health or sickness in their family were denied as in the case of
Virginia Savage and her children, and whose enrollment is now being urged by
the principal chief of the Choctaw Nation, Green McCurtain, and the governor===
of the Chickasaw unless he was actuallv residing: the nations on June 28, 1898.
Chickasaw Nation
Douglas H. Johnston, as will appear from the copy of the
petition sent to the Secretary of the Interior, and hereto attached and marked
’’Exhibit A." Many other Indians are in the same condition as Virginia Savage
and her children.

Dedicated to those MCR-14th Article Claimants/ Sonya Deaton Horace Pistubbee/ Leo Pergson Momintubbee “Billy Jackson” and to the MCR/Case files/ First Council Members of Mississippi Band et., al., Members of the Mississippi Choctaws/ Nickey/Chitto/ Charlas/Bell/ Ben/ Stoliby/who were MCR/14th article Claimants “REJECTED” For Refusal to Remove to the Indian Territories within time prescribed by the Commission.
-————-
The only record made by the commission of the examination of Indians by blood
consisted of notations on what was known as a field card
.

Under the act June 28,1898, in the aforesaid,

MEMBERS OF THE COMMITTEE Washington D.C. Printing Office 1910-
[H. R. 19279, Sixty-first Congress, second session.]

A BILL For the relief of Choctaw and Chickasaw Indians.

REVIEW OF ENROLLMENT WORK UNDER THE VARIOUS LAWS OF CONGRESS.

On (id.) page 500 Commissioner Bixby said:

In the tent where I enrolled the Indians by blood, we simply made cards. We did
not take any testimony at all. That is the proceedings we followed all through the
(Creek) Chickasaw Nation
. (For the Identification As Mississippi Choctaws) was the only enrollment for the Indians by blood, where we simply made cards