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.
