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Emily J. Zumwalt, et
al, Choctaw
Commission, No. 1164. United States
Court, No. 233. Citizenship Court, No.
106-M.
September 8. 1896. Original application
filed by Emily J. Zumwalt for the enrollment
of herself, her husband, Nathan B. Zumwalt,
her niece. Amanda A. Zumwalt, and her
brother, James H. Whitney, as citizens by
blood of the Choctaw Nation.
December 7, 1896. The commission admitted
Nathan B. Zumwalt as an intermarried Choctaw
citizen, and Emily J. Zumwalt, Amanda A.
Zumwalt. and James H. Whitney as citizens by
blood of the Choctaw Nation. From this
decision an appeal was taken to the United
States Court for the Central District of
Indian Territory at McAlester. In her
deposition the principal applicant states
that she is the granddaughter of Wade
Whitney and Susan Whitney, who lived in
Mississippi, and who afterwards came to the
Choctaw Nation, Indian Territory, and that
Susan Whitney was a full-blood Choctaw
Indian; that applicant's father was William
Whitney, a full-blood Choctaw; that her
mother came from Mississippi; that she was
born near Doaksville, Choctaw Nation, and
lived in the Indian Territory nearly all her
life; that in 1872 she was married in
Sherman, Tex., under a Texas license, to
Nathan B. Zumwalt, and about 9 or 10 months
thereafter moved to the Choctaw and
Chickasaw Nations, where she has since lived
continuously.
October 25, 1897. United States court
rendered judgment admitting Emily J.
Zumwalt, James H. Whitney, and Amanda A.
Zumwalt to citizenship in the Choctaw Nation
as citizens by blood; and holding that
Nathan B. Zumwalt is not a Choctaw citizen,
and that his name be excluded from said
rolls. Certified copy of the court's
judgment is attached hereto and marked
"Exhibit A.1."
December 17, 1902. Decree of citizenship
court vacating judgment of United States
court in test case.
March 16, 1903. Petition for appeal before
the citizenship court by Emily J. Zumwalt,
Amanda A. Anderson, nee Zumwalt. and James
H. Whitney. No appeal was taken by Nathan B.
Zumwalt. The case was heard on the testimony
taken before the commission and the United
States court, and no additional testimony
taken.
March term, 1904. Opinion by citizenship
court denying claimants enrollment.
March 21, 1904. Decree of citizenship court
denying claimants enrollment.
Statement by Counsel
for Claimants
Counsel for claimants respectfully submit
that all of said claimants included in the
finding of the commission, and affirmed by
the judgment of the United States court, are
Choctaw Indians by blood, that there is no
evidence to the contrary in the record, and
that they are entitled to enrollment as
such. They are:
Emily J. Zumwalt, Amanda A. Anderson, nee
Zumwalt, James H. Whitney.
Respectfully submitted.
Ballinger & Lee.
(Three in all.)
United States Of America,
Indian Territory, Central District, ss:
In the United States court in the Indian
Territory, central district, at a term
thereof begun and held at South McAlester,
in the Indian Territory, on the 25th day of
August A. D. 1897. Present, the Hon. William
H. H. Clayton, Judge of said court.
The following order was made and entered of
record, to wit:
Emily H. Zumwalt et al. v.
Choctaw Nation. No. 233.
Judgment
This cause came on to be heard oil this
25th day of August. 1897, in open court,
whereupon both plaintiffs and defendant
announced ready for trial, and the court
having heard the evidence in the cause and
argument of counsel, and the same being
submitted to the court for Judgment herein:
The court finds that the plaintiffs, Emily
H. Zumwalt, a female 45 years old; James H.
Whitney, a male 48 years old; and Amanda A.
Zumwalt, a female 12 years old, are all
citizens and members of the Choctaw Tribe
and Nation of Indians by blood, and as such
are entitled to all the rights, privileges,
immunities, and benefits of citizens and
members by blood of the Choctaw Nation and
Tribe of Indians. .
It is therefore ordered, adjudged, and
decreed by the court that the plaintiffs,
Emily J. Zumwalt. James H. Whitney, and
Amanda Zumwalt, and each of them, be
admitted to and granted all the rights,
privileges, immunities, and benefits of
citizens by blood of the Choctaw Nation by
blood, and that each of their names be
placed upon the rolls of members by blood of
the Choctaw Nation by the Commission to the
Five Civilized Tribes; that Nathan B.
Zumwalt is not a Choctaw citizen, and that
his name be excluded from said rolls.
It Is further ordered that the clerk of this
court transmit to the Commission to the Five
Civilized Tribes a certified copy of the
decree and judgment In this cause, and an
order that said commission place the names
of the above- named plaintiffs upon the
rolls as herein commanded.
It is further ordered, adjudged, and decreed
that the plaintiffs have and recover of and
from the defendant, the Choctaw Nation, all
their costs herein laid out and expended,
for all of which let execution issue.
The within is a true copy from the record of
an order made by said court on the 25th day
of August, A. D. 1897.
[seal.]
E. J. Fannin, Clerk.
This Is to certify that I am the officer
having custody of the records pertaining to
the enrollment of the members of the
Choctaw, Chickasaw, Cherokee, Creek, and
Seminole Tribes of Indians and the
disposition of the land of said tribes, and
that the above and foregoing is a true and
correct copy of a certified copy of the
judgment of the court on the 25th day of
August, 1897, In the matter of the
enrollment of Emily H. Zumwalt et al. as
members of the Choctaw Nation.
J. Geo. Weight, Commissioner to the Fire
Civilized Tribes,
By W. H. Angell, Clerk in Charge of Choctaw
Records.
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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