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Willie G. Patterson
and Maggie Lee Glance, Choctaw
Willie G. Patterson Et
Al., Maggie Lee Glance Et Al.
Commission No. R-1272.
January 12, 1901. Applicant appeared
before the commission at Muskogee and made
application for enrollment of himself and
child as Choctaws by blood. As his name did
not appear on any tribal rolls made by the
Choctaw Indians in Indian Territory, which
fact, under the act of May 31, 1900,
prohibited the commission from receiving,
considering, or making any record of the
application of any person not on some tribal
roll, and as his two brothers, James and
Walter Patterson, had been enrolled as
Choctaws by blood, the commission permitted
claimant to make application for enrollment
as a Mississippi Choctaw, claiming rights
under the fourteenth article of the treaty
of 1830, which was the only kind of an
application the commission was authorized to
receive.
Applicant was examined, and testified to the
following facts:
That he was a son of Sarah Patterson, a
one-fourth-blood Choctaw; that he was born
in Mississippi, near Eddigers Depot, Choctaw
Nation; taken to Texas when about 8 years
old; remained there until 1897, when he
moved to Sans Bois County, Choctaw Nation,
in which nation he has since continuously
resided; that his mother was a Choctaw
Indian in Mississippi, but neither he nor
his mother had been enrolled in the Choctaw
Nation, Indian Territory; that his two
brothers, Walter and Jim Patterson, had been
enrolled by the commission; that he was
married and had one child. Noiar Patterson,
a girl.
Henry Patterson, claimant's brother,
appeared as a witness and testified,
corroborating in all respects the testimony
of his brother.
Copy of the examination record is hereto
attached and marked "Exhibit
A."
May 9. 1902. Maggie Lee Glance, full sister
of Willie G. Patterson, applicant herein,
and full sister of James and Walter
Patterson, enrolled by the commission as
blood Choctaws, appeared before the
commission at Muskogee and made application
for the enrollment of herself and her minor
children, as follows: Vada Glance, Ollie
Glance, Walton Glance, Dora Glance, Wiley
Glance, Jake Glance, Ella Glance, and
Gilbert Glance, as Choctaws by blood.
It is shown by her examination record that
this applicant had been living in the
Choctaw Nation continuously since 1888. The
facts in her case, except as to residence,
and identical with those above set out in
the case of her brother, Willie G.
Patterson, as will appear from the copy of
the examination record hereto attached and
marked "Exhibit B."
The record shows that James and Walter
Patterson, full brothers of Willie G.
Patterson and Maggie Lee Glance, applicants
herein, were admitted by act of the Choctaw
Council on November 6, 1884, in bill No. 50,
and were enrolled by the commission on
Choctaw field card Nos. 4690 and 2857,
respectively, and their names appear on the
final approved roll of Choctaws by blood
opposite Nos. 5272 and 8403, respectively,
and that their children are all enrolled as
Choctaws by blood.
Applications were also submitted for the
enrollment of James M. Patterson as an
intermarried Choctaw and Henry Patterson and
children as Choctaws by blood, but counsel
for claimants concedes that James M.
Patterson is not entitled as an
intermarried, not having married according
to tribal laws, and that Henry Patterson is
not entitled, because he did not move to the
Choctaw Nation until 1900, and was not a
resident of the Choctaw Nation on June 28,
1898, as required by law. Therefore no claim
is made for their enrollment.
February 7, 1903. The commission rendered
its decision denying claimants' enrollment
as Choctaws by blood, and denying them as
Mississippi Choctaws, because they had
failed to establish that their ancestors
took land in Mississippi under the
fourteenth article of the treaty of 1830.
Copy of the decision is hereto attached and
marked " Exhibit C."
May 15, 1903. Decision of the commission
approved by the Secretary.
Statement By Counsel
Counsel for applicants respectfully submit
that Willie G. Patterson and his sister
Maggie Lee Glance, full brother and sister
of James and Walter Patterson, enrolled with
their children as blood Choctaws, are
entitled to enrollment because (1) they are
Choctaw Indians by blood; (2) they were bona
fide residents of the nation long before
June 28, 1898, the time fixed by law. The
mere fact that they neglected to have their
names placed on the rolls made up by the
Indian authorities ought not in equity to
deprive them of their clear birthright.
Their children, as shown by the record, are
also entitled to enrollment. Those thus
entitled are: Willie G. Patterson, Willie C.
Patterson, Maggie Lee Glance, Vada Glance,
Ollie Glance, Walton Glance, Dora Glance,
Wiley Glance, Jake Glance, Ella Glance,
Gilbert Glance.
(Eleven in all.)
Exhibits attached.
Respectfully submitted.
Ballinger & Lee.
Exhibit A
Department Of The Interior,
Commission to the Five Civilized Tribes,
Atoka, Intl. T., January 12, 1901.
In the matter of the application for
Identification as Mississippi Choctaws of
Willie G. Patterson and his minor child.
Willie G. Patterson, having been first duly
sworn, on his oath testifies as follows:
Examination by the Commission:
Q. What is your name?-
A. Willie G. Patterson.
Q. What is your age?-
A. Thirty-eight.
Q. What Is your post-office address?-
A. Krebs, Ind. T.
Q. Indian Territory?-
A. Yes, sir.
Q. How long have you lived in Krebs?-
A. I have lived in Krebs something over two
years.
Q. Where did you live before you lived in
Krebs?-
A. I lived in the Chickasaw Nation.
Q. What place; do you remember?-
A. Place they call Hart, near Hart.
Q. How long did you live there?-
A. One year.
Q. And where did you live before that?-
A. I lived at Sans Bois, in Sans Bois
County.
Q. Texas?-
A. Choctaw Nation.
Q. How long did you live there'-
A. One year.
Q. And before that where did you live?-
A. Texas.
Q. How long did you live in Texas':-
A. I was raised there.
Q. Born and raised In Texas?-
A. Not born.
Q. Where were you born?-
A. Mississippi.
Q. How old were you when you left
Mississippi?-
A. Well, sir, I don't know just exactly how
old: I was old enough to go to school.
Q. Seven or eight, you think?-
A. Ye?, sir; something about 8 years old.
Q. And from there you went to Texas?-
A. My father carried me to Texas.
Q. And you came from Texas to the
Territory?-
A. Yes. sir.
Q. At what place did you live in
Mississippi?-
A. I can think of it, I reckon, Eddigers
Depot.
Q. How do you spell that?-
A. Eddiger, I reckon.
Q. What is your father's name?-
A. J. M. Patterson.
Q. Is he living?-
A. I don't know.
Q. Don't know whether he is living or dead?-
A. No, sir; not at this time.
Q. What is your mother's name?-
A. Before she married my father?
Q. No; what Is her name now?-
A. Patterson.
Q. Her first name?-
A. Sarah.
Q. Is she living?-
A. No, sir.
Q. Through which one of these parents do you
claim Choctaw blood?-
A. My mother.
Q. How much do you claim?-
A. My father tells me that she was a quarter
Indian.
Q. Yes; how much do you claim?-
A. Well, I don't know.
Q. If she claim a quarter, how much do you
claim?-
A. Half of that.
Q. It would be one-eighth, wouldn't it?-
A. That is what I would think; I ain't
positive.
Q. You think about an eighth?-
A. About an eighth.
Q. Is the name of your mother on any of the
tribal rolls of the Choctaw Nation?-
A. I don't know sir.
Q. Was she ever recognized by any of the
authorities of the Choctaw Nation as a
Choctaw Indian?-
A. I don't know, sir.
Q. Have you ever made application to the
Choctaw tribal authorities as a citizen of
the Choctaw Nation?-
A. Never have had any chance.
Q. Did you, or did anyone in your behalf, in
1896, under the act of Congress of June 10,
1896, make application to the Commission to
the Five Civilized Tribes for citizenship in
the Choctaw Nation?-
A. I don't know.
Q. Have you ever been admitted to
citizenship in the Choctaw Nation by
judgment of the United States court in
Indian Territory on appeal from the decision
of the Choctaw tribal authorities or the
decision of the commission?-
A. No, sir.
Q. Have you ever before this time made
application to either the tribal authorities
or the authorities of the United States for
either citizenship or enrollment as a
Choctaw?-
A. This is my first opportunity.
Q. This is the first application, then, you
have ever made, of any kind?-
A. Yes, sir.
Q. You are now making application for
identification as a Mississippi Choc- taw?-
A. Yes, sir.
Q. Are you making your claim as a
beneficiary under provisions of the 14th
article of the treaty of 1830?-
A. I don't understand.
Q. Do you know anything about the treaties
pertaining to your application?-
A. No. sir. I don't.
Q. Have not had any of them explained?-
A. No sir.
Q. Do you understand or believe that there
are treaties or laws made by the United
States that enable you to make this
application for Identification?- A. I
believe there ought to be, but now I don't
know.
Q. You don't know anything about it?-
A. No. sir.
Q. Did you ever hear of the treaty of 1830?-
A. No, sir.
Q. Made between the United States Government
and the Choctaw Nation who lived in
Mississippi at that time?-
A. No, sir; If I did I don't know it.
Q. You never heard of article 14 of that
treaty?-
A. I don't understand.
Q. You don't know anything about it?-
A. No, sir.
Q. Article 14 of the treaty of 1830 provided
that if any of the Choctaw Indians living in
Mississippi in 1830 did not desire to remove
to the Indian Territory in 1833 when the
Choctaw tribe was moved here by the United
States Government, that they might remain
there and receive land from the United
States Government, but if they so elected to
remain, article 14 provided that they should
notify the United States Indian agent In
Mississippi at that time of their intention
to remain in Mississippi and become citizens
of the United States. That is.
substantially, the law. You say you have not
heard of that law?-
A. No, sir. I have got no education and
can't read; just what I hear is what I get.
Q. I want to ask you the name of your
ancestor who lived in Mississippi In 1830.-
A. Explain that ancestor.
Q. I mean by the word ancestor, some kin of
yours from whom you are lineally descended,
who lived in Mississippi in 1830?-
A. Some kin? Outside of my father and
mother, I don't know.
Q. Do you know whether your father lived in
Mississippi in 1830?-
A. No, sir; I don't.
Q. Do you know the name of your father's
father or your mother's father, that is,
your grandfather on your father's side or on
your mother's side?-
A. No. sir.
Q. What is the name of your father?-
A. Patterson.
Q. Yes: his full name?-
A. James Patterson.
Q. Do you know whether James Patterson lived
in Mississippi in 1830?-
A. No. sir; I don't.
Q. And you don't know the names of any of
their ancestors?-
A. No, sir.
Q. Never heard about your father's father
being an Indian?-
A. No, sir.
Q. Or your mother's father being an Indian?-
A. No, sir.
Q. Did you hear that your father was an
Indian?-
A. I have heard him claim that he was an
Indian.
Q. When did he die?-
A. My father? My father is not dead that I
know of.
Q. He is not dead?-
A. No.
Q. When was he born?-
A. I don't know that.
Q. I thought you said a little while ago
that you didn't know whether he was living
or dead?-
A. I didn't know whether he was living or
dead at this time, he was alive the last
time I have heard from him.
Q. You have not heard from him or seen him
very recently?-
A. I have not heard from him since along in
August.
Q. And where was he then?-
A. He was In the Chickasaw Nation.
Q. Do you know whether your ancestor removed
from Mississippi to the Indian Territory at
the time the Choctaw Tribe were moved here
by the United States Government, from 1833
to 1837?-
A. No, sir; I don't know.
Q. Do you know whether your ancestor, within
six mouths after the ratification of the
treaty of 1830, signified to the United
States Indian agent of the Choctaw Indians
in Mississippi, his intention to remain in
Mississippi and become a citizen of the
United States?-
A. No, sir; I don't know.
Q. Have you any documentary evidence showing
that your ancestor ever compiled In any
manner with the provisions of the fourteenth
article of the treaty of 1830?-
A. No, Sir; I have not.
Q. Did any of your ancestors ever claim or
receive land in Mississippi as beneficiaries
under the provisions of the fourteenth
article of the treaty of 1830?-
A. I don't know.
Q. Have either you or any of your ancestors
ever received any benefits in Indian
Territory as Choctaw Indians?-
A. I have two brothers.
Q. Did they ever receive any benefits In
Indian Territory as Choctaw Indians?-
A. They claimed and were, they told me that
they were enrolled.
Q. Enrolled?-
A. Yes. sir.
Q. What are their names?-
A. Walter and Jim Patterson.
Q. They claim to be enrolled as members of
the Choctaw Tribe?-
A. No; they claim to be enrolled by
adoption.
Q. By adoption?-
A. Yes, sir.
Q. Are you married?-
A. Yes, sir.
Q. What is your wife's name?-
A. Mary Patterson.
Q. Have you any children?-
A. I have one.
Q. What Is her name?-
A. Noiar.
Q. Is this a girl or a boy?-
A. Girl.
Q. How old Is she?-
A. The 8th day of next month she will be 10
years old.
Q. This is all the children you have?-
A. Yes, sir.
Q. Do you make application for your wife or
not, or simply for the child and yourself
and the child?-
A. Myself and the child.
Q. Is Noiar, this child of yours, the child
of Mary Patterson?-
A. Yes, sir.
Q. You are the father?-
A. Yes. sir.
Q. The basis of this child's claim is the
same as yours, claiming through you, and you
through your ancestor?-
A. Yes, sir.
Q. Have you your marriage license and
certificate that you wish to file now with
the commission?-
A. No, sir; I haven't.
Q. Would you like time in which to file it?
It is necessary for you to file this in
support of your claim for the child, either
the marriage license and certificate or a
certified copy?-
A. I would like to have time.
Q. Have you any documentary evidence which
you would like to submit now in support of
your claim? Any evidence in writing that you
would like to put in now?-
A. I have none.
Q. Would you like a little time in which to
file evidence?-
A. I don't understand how that Is.
Q. Would you like a little time to look up
the matter of testimony or evidence and send
to the commission within a certain period
from the date of this, hearing, such
evidence as you may look up?-
A. Yes, sir, I would.
Twenty days' time from the date hereof is
given the applicant in which to file such
documentary evidence as he may wish to
produce in support of his application and
also to file his marriage license or
certificate or a certified copy thereof.
Q. Is there anything further you would like
to say in support of your claim that you
think of?-
A. Well, I would like to have my evidence
sent up to where that I could get a new
hearing if it Is necessary.
Q. Yes, sir; you would like to have it sent
to the Secretary of the Interior for his
final review and action?-
A. I would like to have that done if you
please.
Q. Have yon a witness here that you would
like to have testify In this case?-
A. None but my brother; he will testify that
I am his brother.
Henry Patterson, being called and sworn
as a witness, testifies as follows on behalf
of the applicant:
Examination by the Commission:
Q. Now, Mr. Patterson, you can make any
statement in behalf of your brother that you
wish.-
A. Well, he is my own brother, has the same
father and the same mother that I had.
Q. What is your father's name?-
A. J. M. Patterson.
Q. And your mother's name?-
A. Sarah.
Q. And through which one of your ancestors
do you make your claim? You have appeared
before the commission? You have made your
claim?-
A. Yes, sir.
Q. And your claim through which parent?-
A. My mother.
Q. Do you remember her ancestor who lived in
Mississippi In 1830?-
A. No, sir; unless it was my father; he is
84 years old.
Q. I thought you said you claimed through
your mother?-
A. Well, I do.
Q. Through your mother's mother? Well, what
did you say?-
A. My mother's mother was a full blood.
Q. You claim that your ancestor who lived in
Mississippi was your grandmother-your
mother's mother?-
A. Yes, sir.
Q. What was her name?-
A. McQuaters. She married a man by the name
of McQuaters. You mean my grandmother?
Q. I mean your ancestor who lived in
Mississippi?-
A. McQuaters.
Q. You don't remember her given name?-
A. No, sir; if my father ever told me, I
don't remember now.
Q. And this applicant is your brother?-
A. Yes, sir.
Q. Having the same father and mother?-
A. Yes, sir.
Q. And the basis of his claim is the same as
yours?-
A. Yes, sir.
Q. Anything further you would like to
state?-
A. He don't recollect about where he was
born; he was born in Rankin County,
Miss.-Brandon.
Q. How much older are you than he?-
A. Let's see; I am 46, and he Is 38.
Q. You were 8 years older and you remember
when he was born?-
A. Yes. sir.
The decision of the commission in regard to
this claim which you make for identification
as a Mississippi Choctaw for yourself and
child will be mailed to you at your present
post-office address.
Anna Bell, having been first duly sworn, on
her oath states that as stenographer to the
Commission to the Five Civilized Tribes, she
reported In full all proceedings had in the
above-entitled cause on January 12, 1901,
and that the above and foregoing Is a full,
true, and correct transcript of her
stenographic notes in said cause on said
date.
Anna Bell.
Subscribed and sworn to before me this 22d
day of January 1901.
[seal.] Charles H. Sawyer, Notary Public.
Exhibit B
Department Of The Interior,
Commission To The Five Civilized Tribes,
Muskogee, Ind. T., May 9, 1902.
In the matter of the application of Maggie
Lee Glance for the identification of herself
and her eight minor children, Vada Glance,
Ollie Glance, Walton Glance, Dora Glance,
Wiley Glance, Jake Glance, Ella Glance, and
Gilbert Glance, as Mississippi Choctaws. No
attorney for applicant Maggie Lee Glance,
after being duly sworn, testified as
follows:
Examination by the Commission:
Q. What is your name?-
A. Maggie Lee Glance.
Q. What is your age?-
A. I am 38.
Q. What is your post office?-
A. Roff, Ind. T.
Q. How long have you lived there?-
A. Six years.
Q. Where did you live before you en me
there?-
A. McAlester.
Q. How long have you lived in Indian
Territory?-
A. Fourteen years.
Q. Where did you live before you came to the
Indian Territory ?-
A. In North Carolina.
Q. Where were you born?-
A. In Mississippi.
Q. Do you know where in Mississippi you were
born?-
A. I think it was in Brandon County.
Q. How long did you live In Mississippi?-
A. I don't remember.
Q. Where did you go from there?-
A. To Texas.
Q. Is your father living?-
A. Yes, sir.
Q. Is your mother living?-
A. No, sir. .
Q. What Is your father's name?-
A. James Patterson.
Q. What Is your mother's name?-
A. Sarah Patterson.
Q. She did not marry again, did she?-
A. No. sir.
Q. Through which parent do you claim?-
A. My mother.
Q. How much Choctaw blood do you claim?-
A. One-fourth.
Q. Has your mother ever been recognized in
any way or enrolled as a Choctaw citizen in
Indian Territory?-
A. No, sir.
Q. Yon are married?-
A. Yes. sir.
Q. What is your husband's full name?-
A. Hunter A. Glance.
Q. Is he a white man or a Choctaw Indian?-
A. He is a white man.
Q. You do not make any claim for him?-
A. No, sir.
Q. How many children have you living?-
A. Eight.
Q. Are they all under 21 and unmarried?-
A. All but one; I have one of age and seven
under age.
Q. Give me the oldest one under age?-
A. Vada Glance.
Q. These are all children by your husband,
Hunter A. Glance, are they?-
A. Yes, sir.
Q. How old is Vada?-
A. Twenty years old.
Q. What is the name of the next one?-
A. Ollie Glance.
Q. How old is Ollie?-
A. Seventeen years old.
Q. What is the name of the next one?-
A. Walton Glance.
Q. How old?-
A. Sixteen.
Q. Next?-
A. Dora Glance.
Q. How old?-
A. She Is 13 years old.
Q. Next?-
A. Wiley Glance.
Q. How old is he?-
A. Eleven.
Q. Next?-
A. Jake Glance.
Q. How old?-
A. Four years old.
Q. Next?-
A. Ella Glance.
Q. How old?-
A. Four years old.
Q. Are they twins?-
A. Yes, sir.
Q. Next?-
A. Gilbert Glance.
Q. How old is he?-
A. One year old.
Q. Do you make claim for yourself and these
minor children?-
A. Yes, sir.
Q. There are eight, then, under 21 years of
age, instead of seven, as you first stated?-
A. Yes, sir.
Q. Is your name or the names of any of your
children on the tribal rolls of the Choctaw
Nation In Indian Territory?-
A. No, sir.
Q. Did you ever make application for
citizenship to the Choctaw tribal
authorities or to the United States
authorities in Indian Territory?-
A. No, sir.
Q. Have you ever made application for
citizenship for yourself and children In the
Choctaw Nation to the Dawes Commission?-
A. I have made application to the Dawes
Commission.
Q. When did you make application?-
A. In 1900, on July 12.
Q. You made application at that time as a
citizen by blood of the Choctaw Nation, and
also for seven minor children, did you not?-
A. Yes, sir.
Q. Your child Gilbert has been born since
that application?-
A. Yes, sir.
Q. What was done with the application you
made at that time?-
A. I was not admitted.
Q. Did you get any word from the commission
as to whether you were admitted or
rejected?-
A. I got word that I was refused.
Q. Didn't you get a letter from the
commission, addressed to you at Roff,
stating that there was inclosed you a copy
of the decision of the commission regarding
your application made at that time for the
enrollment of yourself and children as
citizens by blood of the Choctaw Nation?
Didn't you receive that letter?-
A. Yes, sir.
Q. Then-you did not get notice that you were
refused admission as a citizen of the
Choctaw Nation?-
A. Yes, sir.
Q. Do you come before the commission
claiming the right to identify yourself and
children as Mississippi Choctaws, claiming
rights under article 14 of the treaty of
1830?-
A. Yes, sir.
Q. Do you want all the papers filed and the
application made by you in 1900 at Muskogee,
Ind. T. to be made a part of the present
application, which is here referred to as
R-706?-
A. Yes, sir.
The application of Maggie Lee Glance et al.,
made by her on the 12th day of July 1900,
before the commission at Muskogee, Ind. T.,
and numbered R-706, Is here referred to.
Q. Do you understand article 14 of the
treaty of 1830?-
A. No, sir.
The treaty of 1830 was made between the
United States Government and the Choctaw
tribe of Indians at a place In Mississippi
called Dancing Rabbit Creek, on the 27th day
of September 1831. The object of the treaty
was to remove all the Choctaw Indians, as
far as possible, from the old Choctaw Nation
east of the Mississippi River to the Choctaw
Nation in Indian Territory; but before the
treaty was signed it became known that a
great many Choctaw Indians would not go from
Mississippi, and in order to protect the
Interests of those who remained article 14
was drawn up and put into the treaty.
That article reads as follows:
"Each Choctaw head of a family being
desirous to remain and become a citizen of
the States shall be permitted to do so by
signifying his intention to the agent within
six months after the ratification of this
treaty, and he or she shall thereupon be
entitled to a reservation of one section of
640 acres of hind to be bounded by sectional
lines of survey; in like manner shall be
entitled to one-half of that quantity for
each unmarried child which is living with
him over 10 years of age and a quarter
section to such child as may be under 10
years of age, to adjoin the location of the
parent. If they reside upon said lands
intending to become citizens of the States
for five years after the ratification of
this treaty, in that case a grant in fee
simple shall issue. Said reservation shall
include the present improvements of the head
of the family or a portion of it. Persons
who claim under this article shall not lose
the privilege of a Choctaw citizen, but if
they ever remove are not to be entitled to
any portion of the Choctaw annuity."
Q. Did any of your ancestors comply or
attempt to comply with any of the provisions
of that article?-
A. No, sir.
Q. What is the name of your Choctaw ancestor
through whom you claim Choctaw blood?-
A. Margaret Gaydon.
Q. What relation was Margaret Gaydon to
you?-
A. My grandmother.
Q. Did she live in Mississippi or Alabama in
1830?-
A. She lived in Alabama.
Q. In what county in Alabama did she live?-
A. I don't know.
Q. Do you know whether she lived In the old
Choctaw Nation?-
A. I don't know.
Q. Did she live in Alabama in 1830 and have
a family there?-
A. I don't know.
Q. Can you give me the name of a Choctaw
ancestor who lived in the old Choctaw Nation
in Mississippi or Alabama in 1830?-
A. No; I don't know myself; my father is
sick or he would have come with me. He
knows, I guess.
Q. Is Margaret Gaydon as far back as you can
go?-
A. Yes, sir.
Q. Can you tell me her father's name?-
A. No, sir.
Q. Do you claim through Margaret Gaydon?-
A. No; through Sarah Gaydon.
Q. Can you go back any further than Margaret
Gaydon, whose maiden name was-what was her
maiden name?-
A. McAuarters.
Q. Can you go back any further than Margaret
McAuarters?-
A. No, sir.
Q. Do you know how to spell that name?-
A. M-c-Q-u-a-r-t-e-r-s is the way I
understand it.
Q. She married a man by the name of Gaydon?-
A. Yes; John Gaydon.
Q. Can you give any more evidence as to
Margaret Gaydon, as to where she "was born
and where and when she died?-
A. No, sir.
Q. How much Choctaw blood did she have?-
A. One-half.
Q. Did you get all your Choctaw blood from
that source?-
A. No; my father is a part Indian, and of
course I get some from him. But of course I
get all my Choctaw blood from her; my father
is not Choctaw.
Q. Have you other Indian blood besides
Choctaw?-
A. Yes; my father Is Seminole.
Q. But you are now claiming as a Mississippi
Choctaw?-
A. Yes, sir.
Q. How much Seminole blood have you?-
A. About one-fifth.
Q. Do you think you have more Choctaw blood
than Seminole?-
A. Yes, sir.
Q. Did any of your Choctaw ancestors own any
lands or claim any improvements in
Mississippi or Alabama under article 14 of
the treaty of 1830?-
A. No, sir.
Q. Did any of your Choctaw ancestors go from
that old Choctaw Nation east of the
Mississippi River to the Choctaw Nation in
Indian Territory with other Indians between
1833 and 1838'-
A. I don't know.
Q. Did any of your Choctaw ancestors go
within six months after the ratification of
the treaty of 1830 to the United States
Indian agent. Col. Ward, and tell him that
they wanted to stay, take lands, and become
citizens of the States?-
A. I don't know.
Q. Did any of your Choctaw ancestors receive
any benefits under article 14 of the treaty
of 18807-
A. No, sir.
Q. You can not tell the name of any of your
Choctaw ancestors who lived In Mississippi
in 1830 and was at the head of a family
there?-
A. No sir; I don't remember; I just can
remember leaving the State.
Please Read, Contains
valuable info on Mississippi Choctaw
The Choctaw Indians who remained in the
old Choctaw Nation after the treaty of 1830
was ratified were required, if they wanted
to take advantage of any of the provisions
of article 14 of the treaty of 1830, to go
to the United States Indian agent, Col.
Ward, within six months after the
ratification of the treaty and tell him they
wanted to stay, take lands, and become
citizens of the States. A great many Choctaw
Indians did this whose name Col Ward failed
to put upon his list, known as "Ward's
register." His neglect to do this caused a
good many Choctaws in Mississippi to lose
both their lands and their improvements, for
both were taken from them by the Government
and sold at its public land sales. This
caused so many complaints among the Indians
that Congress, in 1837, by an act of March 3
of that year, appointed a commission which
went to Mississippi and heard claimants
under article 14 of the treaty of 1830. In
1842 Congress appointed another commission
by an act of August 23 of that year for the
same purpose. Both commissions went to
Mississippi and heard claimants under
article 14 of the treaty of 1830 and made
lists of such names as came before them.
Q. Do yon know whether any of your
ancestors appeared before either of those
commissions claiming under article 14 of the
treaty of 1830?-
A. No, sir.
Q. Have you any other evidence other than
the matter continued In your application,
R-70B, with you and which yon want to
present now?-
A. No sir.
Q. Do you ask for any time In which to
introduce other testimony?-
A. No, sir.
Q. Have you any relatives or kin who have
applied to this commission to be Identified
as Mississippi Choctaws?-
A. Yes: two brothers.
Q. What are their names?-
A. Charlie Patterson and Willie Patterson.
Q. When did they appear before the
commission?-
A. I suppose it was in February.
Q. Did they make applications as Mississippi
Choctaws?-
A. I think they did.
Q. You have presented here the sworn
statement of J. M. Patterson; do you want
this evidence introduced and made a part of
the record in this case?- A. Yes, sir.
The sworn statement of J. M. Patterson is
received, filed, and made a part of the
record in this case, same being marked
"Exhibit A."
Q. Do you speak or understand the Choctaw
language?-
A. No, sir.
A reasonable time will be allowed in which
to introduce other evidence In this case.
Q. Charlie Patterson has made application
before this commission, has he?-
A. Yes, sir.
Q. Did he make application for anyone but
himself?-
A. I think he has two children-I think
so-but I have not seen them since they
married.
Q. The application of Willie G. Patterson is
referred to as No. 1272. Did he make
application for anyone else but himself?-
A. He has one child. I believe, and its name
is Nolle, I think.
Q. He gave the name of this child as Nolria?-
A. That is it. That is the same child.
Q. The application of Henry Patterson is
here referred to as No. 1271. Is he a
brother of yours?-
A. Yes.
Q. He made application January 12, 1901, as
a Mississippi Choctaw.-
A. That is my brother.
Q. Do you remember his age?-
A. No, sir.
Q. Has he any children?-
A. I don't know the names of his children.
Q. He has applied for his children named
Katie and Bertie.-
A. I don't know the names of his children.
Q. Who Is James M. Patterson, who has
applied here for identification as a
Mississippi Choctaw, No. M C R-1276?-
A. He is my brother.
Q. Do you know whether he had any children-
A. I don't know.
Q. These relatives of yours have made
application to be identified as Mississippi
Choctaws; do you want your case considered
with them and all others claiming from the
same common ancestor?-
A. Yes, sir.
Q. Do you know of any other relatives,
claiming through the same ancestor, who have
made application?-
A. No, sir.
Q. Your father has no Choctaw blood, has
he?-
A. No, sir.
Q. Your mother had the Choctaw blood?-
A. Yes; my mother was part Choctaw.
Q. Is your mother dead?-
A. Yes; she Is dead.
This applicant has the appearance and
physical characteristics of being descended
from a mixed ancestry, composed of white and
Indian blood. She claims not only Choctaw
blood from her mother's ancestry, but also
claims Seminole blood, but is not positive
as to the quantity of Seminole blood. Her
color and the color of her eyes and hair
show plainly the features and
characteristics of the Indian. The
commission does not doubt that this
applicant has Indian blood; in fact, the
Indian blood predominates, and there is no
question as to her possession of Indian
blood, but as to the quantity the commission
Is unable to determine at this time. Her
complexion is dark and her hair is that of
an Indian. She does not speak the Choctaw
language and has no knowledge of any
compliance on the part of her ancestor with
any of the provisions of article 14 of the
treaty of 1830.
S. A. Apple, being duly sworn, on his oath
states that as stenographer to the
Commission to the Five Civilized Tribes he
reported the proceedings in the above
application on March 9, 1902, and that
foregoing is a true and correct report of
the proceedings In the same.
S. A. Apple.
Subscribed and sworn to before me this 13th
day of May 1902.
[seal.] Charles H. Sawyer, Notary Public.
Exhibit C
Department Of The Interior,
Commission To The Five Civilized Tribes.
In the matter of the application of James M.
Patterson et al. for identification as
Mississippi Choctaws, consolidating the
applications of: James M. Patterson, M. C.
R. 1276; Henry Patterson et al., M. C. R.,
1271; Willie G. Patterson et al., M. C. R.
1272; Maggie Lee Glance et al. M. C. R.,
5528.
Decision
It appears from the record herein that
applications for identification as
Mississippi Choctaws were made to this
commission by Henry Patterson for himself,
his wife, Lou, and his two minor children.
Katie and Bertie Patterson: by Willie G.
Patterson for himself and his minor child
Noiar; by Maggie Lee Glance for herself and
her eight minor children. Vada, Ollie,
Walton, Dora, Wiley, Jake, Ella, and Gilbert
Glance; and by James M. Patterson for
himself as an intermarried Mississippi
Choctaw, under the following provision of
the act of Congress approved June 28, 1898
(30 Stats., 495) :
"Said commission shall have authority to
determine the identity of Choctaw Indians
claiming rights in the Choctaw lands under
article fourteen of the treaty between the
United States and the Choctaw Nation
concluded September twenty-seventh, eighteen
hundred and thirty, and to that end may
administer oaths, examine witnesses, and
perform all other acts necessary thereto and
make report to the Secretary of the
Interior."
It also appears that all the said
applicants, except Lou Patterson, claim
rights In the Choctaw land under article 14
of the treaty between the United States and
the Choctaw Nation concluded September 27,
1830, by reason of being descendants of or
having married a descendant of Margaret
Gayden (or Gaydon, nee McQuaters), who is
alleged to have been an one-quarter blood
Choctaw Indian, and to have resided in
Mississippi in 1830; that the said Lou
Patterson claims said rights by reason of
being a descendant of Jim Stevenson, who is
alleged to have been an one-eighth blood
Choctaw Indian; and that the two minor
children of the said Lou Patterson claim
said rights by reason of being descendants
of both the above-named ancestors.
It further appears from the evidence
submitted In support of said applications,
and from the records In the possession of
the commission, that none of said applicants
has ever been enrolled by the Choctaw tribal
authorities as a member of the Choctaw
Tribe, or admitted to Choctaw citizenship by
a duly constituted court or committee of the
Choctaw Nation, or by the Commission to the
Five Civilized Tribes, or by a decree of the
United States court in Indian Territory,
under the provisions of the act of Congress
approved June 10, 1890. (29 Stats., 231.)
It does not appear from the testimony and
evidence offered In support of said
application, or from the records in the
possession of the commission relating to
persons who complied or attempted to comply
with the provisions of said article 14 of
the treaty of 1830, and to persons who
heretofore were claimants thereunder, that
the said Margaret Gayden (Gaydon. nee
McQuaters) or an ancestor less remote, or
the said Jim Stevenson, signified (in person
or by proxy) to Col. William Ward. Indian
agent, Choctaw Agency, an intention to
comply with the provisions of said article
14 or presented a claim to rights
thereunder, or either of the commission duly
authorized to adjudicate such claims by the
acts of Congress approved March 3, 1837 (5
Stats., 180) and August 23. 1842 (5 Stats.,
513).
It is therefore the opinion of this
commission that the evidence herein is
Insufficient to determine the identity of
Henry Patterson, Lou Patterson, Katie
Patterson, Bertie Patterson, Willie G.
Patterson, Noiar Patterson, Maggie Lee
Glance, Vada Glance, Ollie Glance, Walton
Glance, Dora Glance, Wiley Glance, Jake
Glance, Ella Glance, and Gilbert Glance, as
Choctaw Indians entitled to rights In the
Choctaw lands under the provisions of said
article 14 of the treaty of 1830, and that
the applications for their identification as
such should be refused, and it is so
ordered.
It Is the further opinion of this commission
that under the provision of law above quoted
no person is entitled to identification as a
Mississippi Choctaw by marriage, and that
the application of James M. Patterson for
himself as an intermarried Mississippi
Choctaw should therefore be refused, and it
is so ordered.
Commission To The Five Civilized Tribes.
(Signed) Tams Bixby, Acting Chairman.
(Signed) T. B. Needles, Commissioner.
(Signed) C. R. Breckinridge, Commissioner.
Muskogee, Ind. T., February 7, 1903.
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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