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Creeks by Blood, Act
of March 1, 1901
Cheeks By Blood
[Act of Mar. 1, 1901, 31 Stat., 861, and June 30, 1902, 32 Stat., 600.]
Chimhoker Mully, Mitchely Mully,
Barney Mully, Simon Mully, case No.
I-3172.
April 26, 1907, Chimhoker Mully appeared
before the Commissioner to the Five
Civilized Tribes and gave testimony in
connection with the right to enrollment as
citizens by blood of the Creek Nation of
herself and children, Mitchely, Barney, and
Simon Mully, all full-blood Creek Indians.
It developed that Chimhoker Mully was
identified upon the 1895 Creek pay roll,
Ketchapataka Town, as Chimhoka, but that her
enrollment upon said roll had previously
been accepted, through error, as that of one
Wattey Yahola, whose name appears upon the
approved roll of Creek Indians opposite No.
2416. It was also found that her children
above named, who are also identified on said
roll, were listed for enrollment by the
Commission to the Five Civilized Tribes on
May 23, 1901, as Mitchell, Barney, and Simon
Wiker, and that on February 20, 1907, the
commissioner dismissed the application for
their enrollment, no information having been
received to show whether or not they were
living and entitled to enrollment on April
1, 1899. The names of these persons also
appear upon the 1890 authenticated roll of
citizens by blood of the Creek Nation, on
page 133, Ketchapataka Town, as Chimarhokee,
Majaila, Parma, and Sarma. The evidence
shows that these people have lived
continuously all of their lives in the
Cherokee Nation (among a band of Creek
Indians who settled in the Cherokee Nation
about the time of the outbreak of the Civil
War) and that they have never been enrolled
or recognized as citizens of any tribe of
Indians other than the Creek.
[Act of Apr. 26, 1906. 34 Stat., 137.]
Sallie Foster, Creek NB. No. 370.
June 19, 1906, application was made to the
Commissioner to the Five Civilized Tribes
for the enrollment of Sallie Foster, born
January 17, 1905, as a citizen by blood of
the Creek Nation under the act of April 20,
1900. Said Sallie Foster is a child of Noah
Foster, whose name was identified upon the
approved roll of Creek Indians opposite No.
477, and Jennatta Foster, February 27, 1907,
the commissioner rendered his decision,
denying the application for the enrollment
of said child for the reason that sufficient
information was not secured to determine
whether or not said Jennatta Foster was a
Creek citizen or whether or not she and Noah
Foster were married. Said decision was on
that date forwarded to the department, March
4, 1907, the parents of this child appeared
before the commissioner and gave testimony
in the matter of its enrollment, from which
it was found that the child's mother is
enrolled upon the approved roll of Creek
citizens opposite No. 3907 as Jenette
Johnson, and on that day the commissioner
wired the department as follows:
"Referring to Creek new born case on Sallie
Foster, transmitted on February
twenty-seven, nineteen hundred seven,
together with decision denying for
insufficient evidence, the parents of said
child have this evening appeared, and from
their testimony mother is identified as
Jennette Johnson, opposite Creek Indian roll
No. thirty-nine hundred seven. I therefore
recommend that name of said Sallie Foster be
this day placed upon Creek new-born schedule
and approved. Child one year old, Sex,
female: blood, full; card No. three hundred
seventy."
Fearing that the telegram would reach the
department too late, the commissioner wired
his employee then in Washington, calling his
attention to the telegram, Which was quoted
him, in order to secure, if possible, the
enrollment of this child. The telegram
probably not having reached the department
until after March 4, 1907, the department on
that date (I. T. D., 7830-1907) affirmed the
commissioner's decision.
Robert Bullocks, Creek freedmen new born.
The mother of Robert Bullocks is Serena
Bullocks, who, with her other children
Bessie Harris, Minnie, Vincent, and Lou
Willie Bullocks, were first enrolled as
Chickasaw freedmen, opposite Nos. 1003,
1004, 1095, and 1700 respectively, upon a
schedule of Chickasaw freedmen approved by
the department December 12, 1902. The name
of Robert Bullocks appears upon a schedule
of Chickasaw freedmen approved by the
department October 15, 1903, opposite No.
4318. Serena Bullocks have herself and
children enrolled as Creek freedmen.
Commissioner Bixby transmitted to the
department on October 28, 1905, the record
of proceedings had in the matter of their
application for enrollment as Creek
freedmen, and expresses the opinion that
they were clearly entitled to enrollment as
Creek freedmen, recommended that their
enrollment as Chickasaw freedmen be canceled
and stated that when such action was taken
"a decision enrolling them as Creek freedmen
will be rendered." He also stated that there
was at the time of his report, no authority
of law for the enrollment of the minor
child, Robert Bullocks, as a citizen of the
Creek Nation, and recommended that his
enrollment at No. 4318 upon the final roll
of the Chickasaw freedman be permitted to
stand. Forwarding the report to the
department on September 14, 1906 (Land,
88437-1906), the Commissioner of Indian
Affairs concurred in the recommendation of
Commissioner Bixby. October 31, 1906 (I.T.D.
73898-1906, the department remanded the case
to the commissioner for readjudication in
accordance with the law existing at that
time. January 21, 1907, the commissioner
again forwarded the record to the department
and concluded his report as follows:
"If the said Robert Bullocks was living
March 4, 1906, then he is a person entitled
to make application for enrollment under the
provisions of said section (2 of act of Apr.
26, 1906), and in my opinion his application
made August 22, 1902, should be considered
as a continuing application requiring action
thereon in the light of said section 2 of
the act of April 26, 1906.
"I have there fore notified the mother of
said Robert Bullocks, who is a minor, that
if she desires that said Robert Bullocks to
be enrolled as a Creek freedman, it is
imperative that she immediately furnish
proof that he was living March 4, 1906. In
the event that such proof is furnished, I
will prepare and transmit a decision similar
to the decision transmitted herewith,
containing an order canceling his enrollment
as a Chickasaw freedman, and will also
transmit with said decision a separate
schedule containing the name of Robert
Bullocks.
In the event such proof is not furnished and
he is not enrolled as a Creek freedman, his
enrollment as a Chickasaw freedman should of
course be allowed to stand.
In forwarding the report to the department
the Indian Office, on February 21, 1907
(Land, 9286-1907), concurred in the
recommendation of the commissioner, and on
February 27, 1907 (I.T.D. 4732-1907), the
department approved the enrollment of Serena
Bullocks, Bessie Harris, Minnie Vincent and
Lou Willie Bullocks as Creek freedmen, and
granted authority for the cancellation of
their names from the roll of Chickasaw
freedmen. Their names appear upon the final
roll of Creek freedmen opposite Nos. 5694 to
5697, inclusive.
From affidavits executed by Serena Bullocks,
February 8, 1907, and Mary Bullocks,
February 9, 1907, it is shown that said
Robert Bullocks was born September 19, 1901,
and was living on March 4, 1906. These
affidavits apparently reached the
commissioner to late to report the case to
the department and secure enrollment of this
chile as a Creek freedman, newborn and have
his name stricken from the Chickasaw
freedmen roll. Before this child is enrolled
as a citizen of the Creek Nation proper
authority should be secured for the
cancellation of his name at No. 4318 from
the approved roll of Chickasaw freedmen. No
application for the selection of an
allotment of land in the Choctaw or
Chickasaw Nation for said Robert Bullocks
has been made.
Notes About the Book:
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.
Online Publication: The manuscript was scanned and then ocr'd. Minimal editing
has been done, and readers can and should expect some errors in the textual
output.
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