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Joseph C. Moore,
Chickasaw
Joseph C. Moore Et Al.,
Chickasaws. No. 5010
Commission, No. 203. United States Court,
No. 83. Citizenship
Court, No. 14-T.
July 23, 1884. District Court of the
Chickasaw Nation, B. W. Carter, judge,
admitted the following and their families to
citizenship: Fannie Moore, Cathrine A.
Wigand, Marv Hamlet, Elizabeth Parker,
Millard Bunn, John R. Cappel, Joseph C.
Moore, Millard A. Crabtree, John S. Layman,
Lillian Layman, Fannie T. Layman, Mary Pack,
John F. Moore, Harvey B. Moore, and Francis
A. Beavers, and heirs and descendants of
Colbert Moore, a citizen of the Chickasaw
Nation, east.
September 2, 1896. Application filed with
Dawes Commission for admission to
citizenship of the following named persons,
all of whom had been admitted by the
Chickasaw court or are the descendants of
those admitted: Fannie Moore, Cathrine
Moore, Joseph C. Moore, Hattie Moore
(Layman), Mary Moore (Pack), John F. Moore,
Harvey B. Moore, Mildred A. Moore
(Crabtree), Eliza O. Moore (Capel), Francis
A. Moore (Beavers), Charles A. Wiggand, Mary
A. Moore, Charles E. Moore, Joseph Clay
Moore, John Colbert Moore, Mary Meda Moore
(Clayton), Lillian Layman (Womack), John C.
Womack, Clyde Womack, Gladys Womack, W. M.
Pack, Emma Pack (Flippen), Thomas Pack,
Hattie Pack, J. C. Flippen, Eva Pack Flip-
pen, Mary Moore, Susie Moore (McVeigh),
Colbert Moore, Adelia Moore, Alfred Moore,
Wyatt Moore, Harvey Adams Moore, Irene
Moore, Clay Moore, Glennie Moore, Joseph
Newburn Moore, Mary Moore, J. S. Clayton,
Clara Edna Clayton, John S. Layman, A. B.
Crabtree, J. M. Crabtree, Mattie Crabtree,
Lee Crabtree, Effie Crab- tree, Wesley
Crabtree, Nora Crabtree, Eddie Crabtree,
Charlie Crab- tree, L. D. Crabtree, Lavina
C. Crabtree, Juanita Crabtree, Man- Minerva
Crabtree, Allie B. Crabtree, Laura E.
Crabtree, Emma A. Crabtree, Robert Capel,
Mary Capel (Hamlet-Bunn), Elizabeth Capel
(Parker), George McVeigh, Guy McVeigh,
Arthur McVeigh, Eva A. Moore, James C.
Moore, Ollie Moore, Gertrude Moore, Fred
Moore, J. L. Crabtree, Bettie Hamlet, D. A.
Parker, Mary A. Parker, Samuel A. Parker,
Robert C. Parker, Charles E. Parker, Agnes
C. Parker, Douglas A. Parker, G. W. Bunn,
Westie Bunn, Selden Latimer, St., Selden
Latimer, jr., Zue Capel, Stanley Capel,
Minnie Capel, B. B. Beavers, Walter L.
leavers, Beulah Beavers, Nora Beavers,
Mildred Capel (Latimer), John R. Capel, John
F. Hamlet, Allie Hamlet, Jack Hamlet, Nole
Hamlet, Rosebud Beavers, B. B. Beavers,
Frank Beavers, Gertrude Beavers, and Beulah
Beavers.
November 23, 1896. Decision of commission
admitting the following: John S. Layman,
Lillian Womack (Layman), Gladys (Mrs. L. C.)
Layman, Mary Pack, John F. Moore, Alfred
Moore, Wyatt Moore, Harvey B. Moore, Fred
Moore, James C. Moore, Mary Hamlet (Capel),
Elizabeth Parker (Capel), Charles E. Parker,
Agnes G. Parker, Douglas A. Parker, Selden
Latimer, jr., Wesley Bunn, Minnie Capel, and
Francis A. Beavers, all as citizens by
blood, and Selden Latimer, sr., and John C.
Womack as intermarried and rejecting all the
other applicants. (See letter, June 12,
1905.)
From this decision an appeal was taken to
the United States Court for the Southern
District of Indian Territory. Records do not
disclose date of appeal.
May 27, 1899. Judgment of the United States
court holding that the Chickasaw court
judgment of 1884 " is valid and binding upon
the Chickasaw Nation, and its regularity can
not now be questioned," and that "the
judgment estops the Chickasaw Nation from
denying the citizenship by blood of Fannie
Moore and her descendants." and further
holding that the following names constitute
the lineal descendants of Fannie Moore and
the original parties named in the decree of
the Chickasaw district court who now reside
in the Indian Territory, and assert their
rights under the above judgment: Joseph C.
Moore, Mary A. Moore, C. E. Moore, John C.
Moore, Mary Mede Clayton (nee Moore), Clara
E. Clayton, Harvey Adams Moore, Edna Moore,
Joe Clay Moore, jr., Irene Moore, Glennie
Moore, Joseph New- burn Moore, John S.
Layman, J. C. Womack, Mrs. J. C. Womack (nee
Layman), Gladys Womack, John F. Moore, Mary
Moore, Susie McVeigh (nee Moore), Colbert
Moore, Adelia Moore, Alfred Moore, Wyat
Moore, Guy McVeigh, Arthur McVeigh, Harvey
B. Moore, Eva Moore, C. J. Moore, Ollie
Moore, Gertrude Moore, Fred Moore, A. B.
Crabtree, Mattie Crabtree, Lee Crabtree,
Abbie Crabtree, Wesley Crabtree, Nora
Crabtree, Eddie Crabtree, Charlie Crabtree,
L. D. Crabtree, J. M. Crabtree, Lavinia C.
Crabtree, Juanita Crabtree, Minnie Crabtree,
Allie B. Crabtree, Laura E. Crabtree, Emma
Crab- tree, Mrs. Zue Capel Cox, Stanley
Capel, Minnie Capel, Elizabeth Parker, D. A.
Parker, Mary M. Parker, Samuel A. Parker,
Robert C. Parker, Charles E. Parker, Agnes
G. Parker, and Douglas A. Parker.
That the following are intermarried
citizens: J. S. Clayton, George McVeigh,
Selden Latimer, B. C. Wigand, and J. L.
Crabtree.
August 16. 1899. Application made by all
applicants to the Commission to the Five
Civilized Tribes at Durant, before
Commissioner McKennon, and applicants,
admitted.
December 17, 1902. Judgment of the United
States court annulled by decision of the
citizenship court in test case.
February 23, 1903. Record transferred to
citizenship court.
November 28, 1904. Decision of citizenship
court denying citizenship to all the
parties.
December G, 1904. Citizenship court
overruled motion for rehearing. Judge Adams
stating:
In the consolidated oases of Joseph C.
Moore et al., J. S. Layman et al., Walter L.
Beavers et id., and J. M. Crabtree et al. v.
Choctaw and Chickasaw Nations, the court has
gone through this case and considered the
motion for rehearing In the matter, and
after a thorough and careful investigation
of all the points raised on both sides we
are of the opinion that we see no reason why
the opinion heretofore rendered by the court
should be disturbed, hence this motion Is
overruled. I will say this: The facts in
this case appeal very strongly to rue, and I
wish I could see (and when I say " I," I
mean the court) the court wishes it could
see some way in which to admit these people.
It Is true the treaty of the Choctaws and
Chickasaws with the Government in 1837 does
not specify any time in which these people
shall come here. Taking the history of all
these treaties and the legislation affecting
the Indians, you can't shut your eyes to the
proposition that the great object of the
Government was to remove these Indians here;
and in my opinion, if there had been no
provision In any of the treaties as to when
they should come here, they would have been
required to come within a reasonable time.
As to the ancestor and ancestress of these
claimants, there is no question but that
Mrs. Moore was au Indian who lived in
Mississippi, and was a Chickasaw Indian.
Leaving there they moved to Tennessee, where
they remained a while, and then moved on to
Arkansas, and died. If they had come to the
Territory in a reasonable time we would be
of the opinion that they would be entitled
to admission. Having failed in this, their
application is denied.
January 27, 1905. Commission dismissed
pending applications of new-born children of
applicants because of the action of the
citizenship court.
March 31, 1905. Commission dismissed
applications of Joe Steele Clayton, who died
September, 1900; and of Allen B. Crabtree,
who died December 2. 1900; and of John F.
Moore, who died in November. 1900.
February 6, 13, and 21, 1906; March 13 and
16, 1906; and April 13, 1906. Petitions
filed with commissioner and department for
enrollment of all the applicants without
regard to any previous action.
June 5 and 28, 1906. Hearing before
Commissioner to the Five Civilized Tribes.
Testimony to the effect that claimants are
Chickasaws by blood, and that L. P. Moore,
a first cousin of Joseph C. Moore, is on
final rolls as a Chickasaw by blood.
Note.—L. P. Moore. No. 3379. one-half
Chickasaw. Certificate of G. G. Murry,
census taker, offered and admitted in
evidence, showing that he " duly and
according to law, in June, 1893, enrolled as
Chickasaws, H. B. Moore and family and D. A.
Parker and family."
Note.—Chickasaw pay roll. 1893, No.
2. shows the following: Page 14: Nos. 447,
448, 449, 450, 451, 452, 453, 454, 455, 456,
458, 459, 460, 461, 462, 463, 464, and 465.
"These people came directly from Arkansas to
register claim. They are relatives of these
Moores.''
November 1, 1906. Decision of commissioner
ordering enrolled persons shown on first
page of this record and excluding John F.
Moore and Ellen B. Crabtree because of their
death prior to 1902, and excluding, for the
reason that their names, or the names of
their immediate parents, do not appear in
the judgment of the Chickasaw court, the
following: James M. Crabtree, James Lee
Crabtree, Abbie Crabtree, Addie Crabtree,
Wesley Crabtree, Nora Crabtree, Charley
Crabtree, L. D. Crabtree, Mary M. Harris,
Juanita M. Crabtree, Allie B. Crabtree,
Laura C. Crabtree, Emma A. Crabtree, Clara
M. Crabtree, Eva A. Moore, Mary A. Moore,
Mary T. Moore, David A. Parker, Missouri
Cox, Jonathan L. Crabtree, Mattie Crab-
tree, Lavina Crabtree, John S. Clayton, and
G. D. McVeigh; and excluding the following
new-borns under the act of April 26, 1906.
because of the rejection of their parents by
this decision: Gracie Lee Crabtree, Lucy Ann
Harris, Andrew Stephen Harris, Jonathan
Monroe Harris, Bertha Crabtree, Gertie
Crabtree, William Franklin Crabtree, Ben
Allen Crabtree, Arthur Lee Crabtree, Ollie
May Carlisle, and John B. Hale; and denying,
because of non-residence in 1898, Joseph C.
Moore, jr.; and denying, under the ruling of
the department in the Mary Elizabeth Martin
case, John H. Layman.
February 27, 1907. Commissioner of Indian
Affairs recommends that the enrollment by
the Commissioner to the Five Civilized
Tribes be disapproved, under the opinion of
the Attorney General of February 19, 1907.
March 4, 1907. Enrollment disapproved by
secretary.
June 1, 1909. Department holds case not
analogous to Goldsby case.
Testimony taken before citizenship court
June 30, 1904: J. M. Crabtree stated he was
the son of Mildred A. Crabtree; that he
first married in 1883; that he had voted
continuously in the tribal elections, held
land, issued permits, and sent his children
to the tribal schools.
Note.—He was admitted by the United
States court.
Counsel for claimants respectfully submits
that all those persons included in the
United States court judgment, and their
children born thereafter, and for,, whose
enrollment applications were made to the
commission within the time prescribed by
law, are entitled to enrollment. They are as
follows: C. A. Wigand, Joseph C. Moore, sr.,
Mary A. Moore, C. E. Moore, John C. Moore,
Mary Mede Clayton (nee Moore), Clara E.
Clayton, Harvey Adams Moore, Edna Moore, Joe
Clay Moore, jr., Irene Moore, Glennie Moore,
Joseph Newburn Moore, John S. Layman, J. C.
Womack, Mrs. J. C. Womack (n6e Layman),
Gladys Womack, John F. Moore, Mary T. Moore,
Susie McVeigh (nee Moore), Colbert Moore,
Adelia Moore, Alfred Moore, Wyat Moore, Guy
McVeigh, Arthur McVeigh, Harvey B. Moore,
Eva Moore, C. J. Moore, Ollie Moore,
Gertrude Moore, Fred Moore, A. B. Crabtree,
Mattie Crabtree, Lee Crabtree, Abbie
Crabtree, Wesley Crabtree, Nora Crabtree,
Eddie Crabtree, Charley Crabtree, L. D.
Crabtree, J. M. Crabtree, Lavinia C.
Crabtree, Juanita Crab- tree, Minnie
Crabtree, Alley B. Crabtree, Laura E.
Crabtree, Emma A. Crabtree, Mrs. Zue
Capel-Cox, Stanley Capel, Minnie Capel, D.
A. Parker, May M. Parker, Samuel A. Parker,
Robert C. Parker, Charles E. Parker, Agnes
G. Parker, Douglas A. Parker, and George
McVeigh.
Intermarried: J. S. Clayton, S. McVeigh,
Selden Latimer, B. C. Wigand, and J. L.
Crabtree.
Newborns: Gracie Lee Crabtree, Lucy Ann
Harris, Andrew Stephen Harris, Jonathan
Monroe Han-is, Berta Crabtree, Gertie Crab-
tree, William Franklin Crabtree, Ben Allen
Crabtree, Arthur Lee Crabtree, Ollie May
Carlisle, and John S. Hale.
(Exhibits attached.)
Respectfully submitted.
Ballinger & Lee and Walter S. Field,
Attorneys for Claimants.
In the Choctaw and
Chickasaw citizenship court, sitting at
Tishomingo, Ind. T.,
December 6, 1904.
Joseph C. Moore et al. v. Choctaw and
Chickasaw Nations. No. 14. J. S. Layman et
al. v. Choctaw and Chickasaw Nations. No.
124. Walter L. Beavers et al. v. Choctaw and
Chickasaw Nations. No. 114. J. M. Crabtree
et al. v. Choctaw and Chickasaw Nations. No.
118.
Order
Court being duly opened the following
proceedings were had: Judge Adams: In the
consolidated cases of Joseph C. Moore et
al., J. S. Layman et al., Walter L. Beavers
et al., and J. M. Crabtree et al. v. Choctaw
and Chickasaw Nations, the court has gone
through this case and considered the motion
for rehearing in the matter, and sifter a
thorough and careful investigation of all
the points raised on both sides we are of
the opinion that we see no reason why the
opinion heretofore rendered by the court
should be disturbed, hence this motion Is
overruled. I will say this: The facts in
this case appeal very strongly to me, and I
wish I could see (and when I say " I" I mean
the court), the court wishes it could see
some way in which to admit these people. It
is true the treaty of the Choctaws and
Chickasaws with the Government in 1837 does
not specify any time in which these people
shall come here. Taking the history of all
these treaties and the legislation affecting
the Indian, you can't shut your eyes to the
proposition that the great object of the
Government was to remove these Indians here;
and in my opinion if there had been no
provision in any of the treaties as to when
they should come here they would have been
required to come within a reasonable time.
As to the ancestor and ancestress of these
claimants, there is no question but what
Mrs. Moore was an Indian who lived in
Mississippi, and was a Chickasaw Indian.
Leaving there they moved to Tennessee, where
they remained awhile, and then moved on to
Arkansas and died. If they had come to the
Territory in a reasonable time we would be
of the opinion that they would be entitled
to admission. Having failed in this their
application Is denied.
Choctaw Nation. County of Blue.
Caddo, Ind. T., County and Probate Court
At the May term of said court A. B.
Crabtree, a citizen of said county and
nation, having complied with the
requirements of the permit law and the same
being granted by the Judge of said court:
Now, therefore. I, AI. F. Robinson, county
clerk of said court, do hereby issue a
permit to James Hewett, as renter In the
employ of A. B. Crabtree, for the period of
12 months from date hereof, with privilege
to do all things necessary to prosecute said
vocation not contrary to laws and
regulations respecting persons obtaining
permits.
Given under my band and seal of office of
said county, this, the 7th of May, A. D.
1894.
[seal.] M. F. Robinson. Clerk County Court,
Blue County, Choctaw Nation.
Permit
County Of Blue, Choctaw Nation, Ind. T.
To all to idiom these presents shall come,
greeting:
Know ye that I, J. H. Goforth, Judge of the
county and probate court of said county,
Choctaw Nation, by virtue of the authority
in me vested by the laws of the Choctaw
Nation, do hereby grant unto Lee Speits, a
citizen of the United States, a permit to
reside in the Choctaw Nation as a renter in
the employ of Mrs. M. Crabtree.
This permit shall expire December 31, 1902.
Given under my hand and seal of the county
this 3d day of March, 1902.
[seal.] J. H. Goforth, County and Probate
Judge of Said County, Choctaw Nation.
Attest:
F. E. Folsom, County Clerk.
Choctaw Nation, County of Blue.
Caddo, Ind T.. County Seat of Said County.
At the January term of said court A. B.
Crabtree, a citizen of said county and
nation, having complied with the
requirements of the permit law, and the same
being granted by the Judge of said court:
Now. therefore. I, M. F. Robinson, county
clerk of said county, do hereby issue a
permit to John S. Smith as renter in the
employ of A. B. Crabtree for the period of
12 months from date hereof, with privilege
to do all things necessary to prosecute said
vocation not contrary to the laws and
regulations respecting persons obtaining
permits.
Given under my hand and seal of office of
said county this the 4th day of January,
1892.
[seal] M. F. Robinson, County Clark. Blue
County, Choctaw Nation.
Choctaw Nation, County of Blue
Caddo, Ind T., County Seat of Said County.
At the January term of said court A. B.
Crabtree. a citizen of said county and
nation, having complied with the
requirements of the permit law, and the same
being granted by the judge of said court:
Now, therefore, I, M. F. Robinson, county
clerk of said county, do hereby issue a
permit to J. H. Hewett as renter in the
employ of A. B. Crabtree for the period of
12 mouths from date hereof, with privilege
to do all things necessary to prosecute said
vocation not contrary to the laws and
regulations respecting persons obtaining
permits.
Given under my hand and seal of office of
said county this the 2d day of January, A.
D. 1893.
[seal.] McKee F. Robinson, County Clerk,
Blue County, Choctaw Nation.
Choctaw Nation, County of Blue.
Caddo, Ind T., County Seat Of Said County.
At the January term of said court A. B.
Crabtree, a citizen of said county and
nation, baring complied with the
requirements of the permit law, and the same
being granted by the Judge of said court:
Now, therefore, I, M. F. Robinson, county
clerk of said county, do hereby issue a
permit to J. H. Hammock as renter in the
employ of A. B. Crabtree for the period of
12 months from date hereof, with privilege
to do all things 'necessary to prosecute
said vocation not contrary to the laws and
regulations respecting persons obtaining
permits.
Given under my hand and seal of office of
said county this the 2d day of January, A.
D. 1892.
[seal.] McKEE F. ROBINSON,
County Clerk, Blue County, Choctaw Nation.
Permit
County Of Blue, Choctaw Nation, Ind. T.
To all whom these presents shall come,
greeting:
Know ye that I, J. H. Goforth. judge of the
county and probate court of said county,
Choctaw Nation, by virtue of the authority
In me vested by the laws of the Choctaw
Nation, do hereby grant unto William Ritter,
a citizen of the United States, n permit to
reside in the Choctaw Nation as a renter in
the employ of Mrs. M. A. Crabtree.
This permit shall expire December 31, 1901.
Given under my hand and seal of the county
this 7th day of January, 1901.
[seal.] J. H. Goforth,
County and Probate Judge of said County,
Choctaw Nation.
Attest:
F. E. Folsom, County Clerk.
Permit
County of Blue, Choctaw Nation, Intl. T.
To all whom these presents shall come,
greeting:
Know ye that I. J. H. Goforth, judge of the
county and probate court of county, Choctaw
Nation, by virtue of the authority in me
vested by the laws
of the Choctaw Nation, do hereby grant unto
one Coyer, a citizen of the United States, a
permit to reside in the Choctaw Nation as a
renter In the employ of Mrs. M. Crabtree.
This permit shall expire December 31, 1902.
Given under my hand and seal of the county
this 3d day of March, 1902.
[SEAL.] J. H. GOFORTH,
County and Probate Judge of said County,
Choctaw Nation.
Attest:
F. E. Folsom, County Clerk.
Permit
County Of Blue, Choctaw Nation, Ind. T.
To all whom these presents shall come,
greeting:
Know ye that I, J. H. Goforth, judge of the
county and probate court of said county,
Choctaw Nation, by virtue of the authority
in me vested by the laws of the Choctaw
Nation, do hereby grant unto one Kentred, a
citizen of the United States, a permit to
reside in the Choctaw Nation as a renter in
the employ of Mrs. M. Crabtree.
This permit shall expire December 31, 1902.
Given under my hand and seal of the county
this 3d day of March, 1902.
[SEAL.] J. H. GOFORTH,
County and Probate Judge of said County,
Choctaw Nation.
Attest:
F. E. Folsom, County Clerk.
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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