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Frances E. Husbands, Choctaw
Dawes Commission. No. 1358.
United States
court. No. 109.
Citizenship court. No.
130-T.
Frances E. Husbands, the principal applicant
herein, was admitted as a Choctaw Indian by
blood, together with all her children and
grandchildren, by the Dawes Commission in
1896. Appeal was taken from the decision of
the commission to the United States court in
the case of Frances E. Husbands, claimant
herein, only. The judgment of the commission
was confirmed by the United States court and
she was adjudged a citizen by blood of the
Choctaw Nation. The judgment of the United
States court was vacated by the decree of
the citizenship court. All of claimant's
children and grandchildren, as will
hereafter appear, are enrolled on the
finally approved rolls of the Choctaw Nation
as citizens by blood, deriving their blood
from their mother, Frances E. Husbands, who
was not enrolled, and who is the applicant
herein.
Record
September 9. 1890. Original application
filed for admission of Frances E. Husbands
and her children:
A. P. Mathews (son by first husband), T. J.
Husbands: Mrs. N. H. Taylor and her
grandchildren, Frances G. Mathews, Florence
S. Blanton, Steven A. Hail, W. B. Taylor, S.
E. Taylor as citizens by blood of the
Choctaw Nation.
December 8, 1896. Commission rendered its
decision admitting all of said applicants as
citizens by blood of the Choctaw Nation.
From the decision of the commission appeal
was taken to the United States court,
central district. Indian Territory, as to
the principal applicant, Frances E.
Husbands, only. No appeal was taken as to
the other applicants.
January 18, 1898. Decree was entered in the
United States court decreeing Frances E.
Husbands a citizen of the Choctaw Nation by
blood.
December 17, 1902. Decree of the United
States court admitting applicant, Frances E.
Husbands, as a citizen of the Choctaw Nation
by blood vacated by decree of the
citizenship court in "test case." Record
certified to citizenship court for trial de
novo.
October 20, 1904. Decree of citizenship
court denying claimant, Frances E. Husbands,
enrollment as a citizen of the Choctaw
Nation by blood. The record evidence shows
that Frances E. Husbands is a Choctaw by
blood, who came originally from Mississippi;
that she is the granddaughter of Frances
Cobb, a full-blood Choctaw woman, who
married a white man by the name of Teel, and
the daughter of Susan Teel, who married a
white man by the name of Benson: and that
applicant has lived continuously in the
Choctaw Nation since 1888.
It appears from the record that the
following-named persons, children and
grandchildren of Frances E. Husbands, are
enrolled on the final approved rolls of the
Choctaw Nation as citizens by blood, all of
whom claim their right to enrollment through
her:
16219, Nancy H. Taylor (daughter of
applicant); 16220, Willie B. Taylor; 16221,
Sarah E. Taylor; 16222. Stephen A. Hale
(grandson); 16223, Thomas J. Husbands (son);
16224, Johnie M. Husbands; 26225, James
Alexander Husbands; 16226, Sarah Malissa
Husbands; 15353, Frances Davenport
(granddaughter); 15354, John Davenport;
15355, Clarence G. Davenport; 15356, Arthur
Davenport; 15357, Robert Davenport; 15358,
Florence S. Davenport (granddaughter);
14359, Leslie Davenport; 15360, Ida Myrtle
Davenport.
This is an illustration of the work of the
citizenship court. Applicant, Frances E.
Husbands, was enrolled by the commission in
1896, by judgment of the United States court
in 1898, and rejected by the citizenship
court. Her children and grandchildren were
enrolled by the commission because of her
blood, and their enrollment was approved by
the Secretary. They are thus citizens of the
Choctaw Nation and have received their
property rights, while the mother, from whom
they all derived their rights, is barred by
reason of a decision of the
Choctaw-Chickasaw citizenship court. Such
discrimination is unconscionable and can not
be condoned. The applicant, Frances E.
Husbands, is entitled to enrollment.
(One in all.)
Respectfully submitted.
Ballinger & Lee.
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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