Copy of Order of Court
United States Of America, Indian Territory, Southern District, ss:
In the United States court in the Indian Territory, southern district, at a term thereof begun and held at Ardmore. in the Indian Territory, on the 10th day of April, A. D. 1899.
Present: The Hon. Hosea Townsend, judge of said court.
The following order was made and entered of record, to wit:
Fannie Moore et al.. No. S3, v. Chickasaw Nation. Judgment.
On this day in open court came on to be heard the above cause heretofore appealed to this court from decisions of the Dawes Commission rendered upon the ____ day of December. 1896, and came the plaintiffs, by their attorneys, A. G. Mosely and E. J. Smith, mid came the defendant, by its attorney, W. B. Johnson, and announced ready for trial. And came onto be heard the defendant’s exceptions to the master’s report, which having been heard and considered by the court, were in all things denied. And then came on to ha heard plaintiff’s motion for Judgment, heretofore filed in this cause on the 11th day of March, 1898, in words as follows, namely: “Come now the plaintiffs In the above cause and move the court to grant and enter Judgment directing the enrollment of plaintiffs as citizens of the Chickasaw Nation, for this, that the master’s report based upon the testimony heretofore taken shows that both In law and in fact all of the plaintiffs are by blood and by marriage citizens of the Chickasaw Nation and entitled to be enrolled as such.” And it appearing to this court that this cause was heretofore, to wit, on the day of January 1897, referred to W. H. L. Campbell, master in chancery, for Investigation and report, and that the said master in chancery did, upon the 9th day of October 1897 after having fully examined thereunto, file in this court his report, Including both his finding of facts and his conclusions of law, In words and figures as follows, namely: “In the United States court, Southern District, at Ardmore, Ind. T. Fannie Moore et al. v. Chickasaw Nation. The descendants of Fannie Moore filed an application for admission to enrollment before the Five Civilized Tribes on the 2d day of September. 1896. From the records before this court from the said commission, it is impossible to ascertain the exact date on which said commission rendered judgment, but the record shows that it was rendered between November 10 and December 10, 1896. The Chickasaw legislature passed the following act which was approved by the governor of said nation on the 18th day of May, 1884. The act is as follows:
“An Act To define the rights of citizenship in the Chickasaw Nation.
“Section 1. Be it enacted by the Legislature of the Chiekasaw Nation, That any and all persons claiming the rights of citizenship In this nation, whose rights are disputed, shall be required by the district attorney of the Chickasaw Nation to appear before the Judge of the district court by citation of the clerk of the court with their evidence and prove their rights as citizens.
“Sec. 2. Be it further enacted. That all persons whose rights are thus determined by the court, and wishing to appeal from the decision of the district court, may do so by petition of oath setting forth their reasons for appeal and giving bond as is now required by law.
“Sec. 3. Be it further enacted. That in all suits for the rights of citizenship the parties claiming citizenship shall pay the cost that may accrue in the prosecution of such suit.
“Sec. 4. Be it further enacted. In all suits for the rights of citizenship the district attorney shall represent the nation, and all law or parts of law in conflict with this act he. and the same are hereby, repealed, and that this act take effect from and after its passage.
“Approved May 14. 1884.
“Jones Wolf. Governor.”
It appears that some time during the year 1884 Fannie Moore and several of her children and grandchildren united in a suit against the Chickasaw Nation in the district court of said nation to have their rights determined as citizens of the nation in accordance with the provisions of the statute. On the 23d day of July. 1884, the district court of the Chickasaw Nation rendered the following judgment:
“In the matter of the petition of Fannie Moore et al., now resident Chickasaws. to have their rights to citizenship declared and defined according to law: Now, on this day is filed and presented the petition of Fannie Moore, Catherine A. Wigand, Mary Hamlet, Elizabeth Parker, Mildred Bunn, John R. Capel, Joseph C. Moore, Mildred A. Crabtree, John S. Layman, Lillian Layman, Fannie T. Layman, Mary Pack, John F. Moore, Harvey B. Moore, and Frances A. Beavers, praying that they be recognized as citizens of the Chickasaw Nation and that their rights as such citizens be declared by this court according to law. And It appearing to the satisfaction of the court from said petition and exhibits thereto and the testimony of witnesses examined by the court, that said petitioners are the legal heirs and descendants of Colbert Moore, deceased, and that prior to and at the time of the removal of this nation from the State of Mississippi the said Colbert Moore was a citizen of the Chickasaw Nation and entitled to all the rights and privileges appertaining to such citizenship:
“It Is therefore considered, ordered, and adjudged by the court that the said Fannie Moore, Catherine A. Wigand, Mary Hamlet, Elizabeth Parker, Mildred Bunn, John R. Capel, Joseph C. Moore, Mildred A. Crabtree, John S. Layman, Lillian Layman, Fannie T. Layman, Mary Pack, John F. Moore, Harvey B. Moore, and Frances A. Beavers are hereby entitled to all the rights, privileges, and immunities held and enjoyed by any other Chickasaws or Chickasaw families: and that they and each of them he protected in the enjoyment of such rights, privileges, and Immunities as fully and completely as if the residence of said Colbert Moore and his family with the Chickasaw Nation had been uninterrupted and continuous to this day.
“In testimony whereof I have hereunto set my name and affixed the seal of the district court of the Chickasaw Nation on the 23d of July. 1884.
” B. W. Carter, District Judge.
” Thos. W. Johnston,
Clerk pro tem of Chickasaw Nation
” I. J. F. Williams, hereby certify that this is a true copy of the original now on file in office. Goven under my hand and seal of office this the 30th day of August. 1884.
“J. F. Williams, ” District Clerk, Chickasaw Nation.”
At the time of the rendition of this judgment Fannie B. Moore and all of the applicants who were then living were nonresidents of the Indian Territory, and a large portion of the parties named in the judgment and their lineal descendants have since become residents of this Territory, as will appear further on in this report. There is also testimony to show that Fannie Moore and her descendants were Chickasaw Indians by blood. The Chickasaw’ Nation in its answer admits that the judgment above quoted was rendered in the district court of said nation as alleged in the application, but alleges that the judgment was procured through fraudulent means and rendered without service upon the nation. They further allege that Colbert Moore, husband of Fannie Moore, ancestors of applicants, were citizens of the United States and were not members of the Chickasaw Nation by blood or intermarriage. The first defense, that the judgment was procured by fraud, was not supported by any testimony whatever. Upon second defense, though the judgment was rendered without proper notice to the Chickasaw Nation, the affidavit of H. F. Murray, who was attorney general of the Chickasaw Nation at the time the judgment was rendered, on that point is as follows:
“That I was the attorney general of the Chickasaw Nation and the applicants presented their claims for citizenship before the (district) judge. I was not notified of the case and was forced to go into trial at once, without being given an opportunity to procure witnesses for the Chickasaw Nation. On the testimony of the applicants the district judge admitted them, etc.”
It will be noticed that the affidavit states that the attorney general appeared in court for the nation and represented the nation in the trial of the case. It may be. according to affidavit, that Judgment was erroneous, but was not such error as would render the Judgment void. To destroy the binding effect would have been necessary for the nation to appeal from the judgment to correct the errors. The appearance of the attorney general is sufficient so far as the validity of the judgment is concerned, upon collateral attack, for the Chickasaw Nation. I find as a matter of fact that the above Judgment is valid and binding upon the Chickasaw Nation, and its regularity can not be now questioned. I further find that the judgment estops the Chickasaw Nation from denying the citizenship by blood of Fannie Moore and her descendants. 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: B. C. Wigand. who married Catherine Moore prior to 1877: Joseph C. Moore and his wife, Mary A. Moore: C. E. Moore, John C. Moore: Mary Mede Moore, now Mrs. J. S. Clayton, and her child. Clara E. Clayton; Harvey Adams Moore. Edna Moore, Joe Clay Moore and his wife, Mrs. Irene Moore, and their two children, Glennie Moore and Joseph Newburn Moore: John S. Layman and his child; Mrs. J. C. Womack and her child. Gladys Womack; J. C. Womack, John F. Moore and his wife, Mary, and their children; Susie McVeigh, Colbert Moore, Adelia Moore, Alfred Moore, Wyat Moore, and Guy and Arthur McVeigh, children of Susie McVeigh; Harvey B. Moore and his wife, Eva Moore, and their children. C. J. Moore, Ollie Moore, Gertrude Moore, Fred Moore; J. L. Crabtree, who married Mildred Moore prior to 1876. and their children, A. B. Crabtree and J. M. Crabtree: A. R. Crabtree and his wife, Mattie, and their children. Lee, Abbie, Wesley, Nora, Eddie, Charlie, and L. D. Crabtree; J. M. Crabtree and his wife. Lavinie and their children Juanita, Mary, Minnie, Allie V., Laura E. and Emma Crabtree; Mrs. Zue Capel, wife of John R. Capel. now deceased, and now the wife of Robert Cox, and her children. Stanley Capel and Minnie Capel: Elizabeth Parker, D. A. Parker, and children. May M., Samuel A., Robert C., Charles E., Agnes G.. Douglas A. Parker. The following list constitutes the descendants of Fannie Moore who do not now and never have resided in the Indian Territory: Mary Moore, now Mrs. W. M. Pack, and her children. Emma, Thomas, and Hattie Pack: J. C. Flippen, W. M. Pack, Eva Flippen, child of Emma Pack and J. C. Flippen; Mary Capel now Mary Hamlet: Mildred Capel now Mildred Latimer, and her children. Wesley Bunn and Selden Latimer, jr.; John T. Hamlet and children, Ellie, John, Nols and Bertie Hamlet; Frances A. Beavers, party to the original Judgment, and her children, Walter L.. Beulah, Nora, Rosebud, B. B., and Frank Beavers. Walter L. Beavers resided here from 1885 to 1886 and then returned in 1891 and remained here until 1894. and Charles E. Moore the same. The following names constitute the list of those who married descendants of Fannie Moore subsequent to 1876, and not in accordance with the Indian laws, viz: J. S. Clayton. George McVeigh, and Selden Latimer. The following names constitute the list of those who married descendants of Fannie Moore prior to 1876: B. C. Wigand and J. L. Crabtree.
I therefore recommend that the descendants of Fannie Moore who reside in the Indian Territory and those who have married descendants in accordance with the laws of the Chickasaw Nation, or were married prior to 1876, of Fannie Moore, be admitted as members of the tribe of said nation. I recommend that those descendants who are nonresidents be denied enrollment; also, those who have married descendants of Fannie Moore since 1876 and not in accordance with the laws of the Chickasaw Nation be denied enrollment.
V. H. L. Campbell,
Master in Chancery.
Marked filed October 9, 1897.
The court having been advised fully in the premises, and having heard the argument of counsel, was of the opinion that the same should be in all things confirmed and made the judgment of this court, except where it is denied to J. S. Clayton. S. McVeigh, and Selden Latimer the right to be admitted and enrolled as Chickasaw Indians, and in so far it is considered by the court that the same should be reformed. The court did, therefore, find that all of the parties plaintiff hereinafter named are Chickasaw Indians by blood, except said J. S. Clayton, S. McVeigh. Selden Latimer. B. C. Wigand, and J. L. Crabtree, who the court finds are intermarried citizens. And further that those mentioned in section 1 do now and always have resided within the limits of the Chickasaw and Choctaw Nations, Ind. T., but that those mentioned in section 2 do now and always have resided beyond the limits of the Indian Territory.
Section 1. It is therefore ordered, adjudged, and decreed by the court that C. A. Wigand, B. C. Wigand, Joseph C. Moore, sr., and his wife, Mary A. Moore; C. E. Moore. John C. Moore, Mary Mede Clayton (life Moore), Clara E. Clayton, Harvey Adams Moore, Edna Moore, Joe Clay Moore, jr., and his wife. Irene Moore; Glennie Moore. Joseph Newburn Moore, John S. Layman, J. C. Womack and his wife, Mrs. J. C. Womack (nee Layman); Gladys Womack, John F. Moore and his wife. Mrs. Mary T. Moore: Susie McVeigh (nee Moore), Colbert Moore, Adella Moore, Alfred Moore, Wyat Moore, Guy McVeigh, Arthur McVeigh, Harvey B. Moore, and his wife, Mrs. Eva Moore; C. J. Moore, Ollie Moore, Gertrude Moore, Fred Moore, J. L. Crabtree, A. B. Crabtree and his wife, Mattie Crabtree; Lee Crabtree, Abbie Crabtree, Wesley Crabtree, Nora Crabtree, Eddie Crabtree, Charley Crabtree, L. D. Crabtree, J. M. Crabtree and his wife, Lavinia C. Crabtree: Juanita Crabtree, 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, J. S. Clayton, George McVeigh are and were at all times heretofore during their natural lives Chickasaw Indians by blood, except J. S. Clayton, S. McVeigh, Selden Latimer, B. C. Wigand, and J. L. Crabtree. who are adjudged to be Intermarried citizens of the Chickasaw Nation and residents of the Indian Territory, and as such are now and have been entitled to all the immunities, grants, and privileges extended to or belonging to others of the tribe of Chickasaw Indians by reason of said tribal relations, and that they are entitled to be enrolled as Chickasaw Indians by blood and the same is now hereby ordered to be done. And further that they do have and recover of and from the Chickasaw Nation all costs expended in this behalf, for which let execution issue.
Sec. 2. It is further ordered, adjudged, and decreed by the court that Mary Pack (nee Moore), Emma Pack, Hattie Pack, J. C. Flippen, W. M. Pack, Eva Pack, Mary Hamlet (nee Capel), Mildred Latimer (nee Capel), Wesley Bunn, Selden Latimer, Jr., John T. Hamlet, Ellie Hamlet, John Hamlet, Nola Hamlet, Bertie Hamlet, Francis A. Beavers, Walter L. Beavers, Beulah Beavers, Nora Beavers, Rosebud Beavers, B. B. Beavers, Frank Beavers, are now and were at all times heretofore during their natural lives Chiekasaw Indians by blood, but are not and have not been residents of the Chickasaw or Choctaw Nation, Ind. T., and are therefore not entitled to the privileges, grants, and immunities extended to such Chickasaw Indians within the Indian Territory, and are not entitled to be enrolled as such, and it is so ordered; and that they go hence without day, and that the Chiekasaw Nation do have and recover of and from said parties all costs expended in their behalf, for which let execution issue.
Sec. It Is further ordered by the court that this judgment be certified for the observance of the Dawes Commission, and to the authorities of the Chickasaw Nation, and that their said rolls be revised, corrected, and constructed in accordance with this decree.
United States Of America, Indian Territory, Southern District.
I, C. M. Campbell, clerk of the District Court of the United States for the Southern District of the Indian Territory, do hereby certify the foregoing to be a true copy of an order by said court on the 27th day of May, 1899, as appears from the records of said court now on file in my office.
In testimony whereof I have hereunto set my hand, at my office in Ardmore, in said district, this 26th day of February, 1903.
[seal.] C. M. Campbell, Clerk.
N. H. McCoy, Deputy.
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 dated April 10, 1899, on file in this office in the matter of the claim of Fannie Moore et al. for enrollment as members of the Chickasaw Tribe of Indians.
J. George Wright, Commissioner to the Five Civilized Tribes.
W. H. Angell, Clerk in charge of Chickasaw Records.
Dated at Muskogee. Okla.. this 17th day of October, 1910.
