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D. B. Vernon, Choctaw
D. B. Vernon Et Al.
Dawes Commission, No. 25. United States
Court. No. 98.
Citizenship Court, No. 81-M.
Record
September 8, 1890. Applications filed for
the enrollment of D. B. Vernon and 38
others, all claiming to be Choctaw Indians
by blood. Twenty of said claimants alleged
as an additional ground residence in the
nations since 1884, tribal affiliation, and
recognition. A large number of affidavits
and depositions appear of record. The
greater portion of the testimony relating to
the Choctaw blood of the claimants is based
upon family tradition as handed down by the
parents to their children by word of mouth.
D. B. Vernon claims that the name of Richard
Vernon, his great-grandfather, and Sam
Vernon, his father, appear on the 1830
Choctaw roll, made about the time the treaty
of that year was signed. D. B. Vernon, the
leading claimant, was born in Mississippi.
One witness. Peter Wolf, in 1897 testified
that he was 70 years old. "I knew Sam Vernon
in the State of Mississippi, old Choctaw
Nation, and knew him to be a Choctaw Indian
by blood, and was recognized by the proper
authorities as such, and his name should
appear upon the authenticated rolls of 1830.
He had a son by the name of D. B. Vernon,
who is the same person who appears in the
above-entitled cause, and now resides at
Ryan, Chickasaw Nation. Ind. T."
Peter Tillman, in 1897, testified that he
was 84 years old, and corroborated in detail
the above statements of Peter Wolf. Many
other witnesses testified that the Vernons
had always been recognized as Choctaws by
blood by the members of the Choctaw Tribe
residing in Indian Territory.
December 3, 1896. Commission rendered its
finding in words and figures as follows:
"Application denied."
Thereafter the case was appealed to the
United States court at McAlester, central
district, Indian Territory. Additional
testimony was taken by claimants. No
testimony was taken by the nations.
August 26, 1807. Decree was entered
admitting the following persons to
citizenship in the Choctaw Nation: D. B.
Vernon, John H. Vernon, Chesley Taylor
Vernon, Lucy Vernon, Amy Pearl Vernon,
Sophie F. Vernon, Jim W. Vernon, Caswell B.
Vernon, Clydie B. Vernon, Ivey L. Vernon,
Ida Vernon, M. J. Vernon, George W. Vernon,
Theodosha E. Vernon, Louisa T. Vernon,
Robert E. L. Vernon, Francis M. Vernon,
Manda A. Vernon, Samuel H. Vernon, Gracie T.
Vernon. (Certified copy hereto attached.)
December 17, 1902. Decree of United States
court vacated by decree of citizenship court
in test case.
March 14, 1903. Case certified to
citizenship court for trial de novo. Record
before United States court offered in
evidence, and additional depositions taken
by counsel for claimants. No testimony taken
by nations.
February 16, 1904. The following proceedings
occurred in the citizenship court:
Mansfield, McMurray & Cornish for
defendants.
This day this cause coming on to be heard,
the following proceedings were had, to wit:
Mr. Mansfield. I desire to submit that case
on the record as It now stands. We also
desire to file a brief. I have a letter from
Mr. Rails stating that he can not get here
until Wednesday morning, and that Vernon is
a witness In a case at Ardmore and can not
get here until that time, and asks me to get
the case continued.
Judge Weaver. I will mark the case
submitted; briefs to be filed, and if Mr.
Rails makes a showing for the reopening of
the case we will pass on it.
March term, 1904. Opinion by Adams, chief
judge. The court holds the evidence not
sufficiently definite and positive to
entitle claimants to enrollment, and adds:
They seem to have vacillated between the
State of Arkansas and the State of Texas,
and finally, when it Is apparent to everyone
that a distribution of the property
belonging to the Choctaw and Chickasaw
Tribes of Indians Is about to take place:
and that the Choctaw and Chickasaw
citizenship means something more than a
right to be tried in the Indian courts, and
39 lashes applied to the bare back for the
infringement of the Choctaw laws, they
landed in the Indian Territory, some of
them, as the evidence shows, failing to get
here untll their rights had been established
by the United States Court for the Central
District.
I am of the opinion that none of the
applicants have shown by competent testimony
that they are Choctaw Indians, or any other
kind of Indians. Judgment will therefore be
entered by this court denying the
application of plaintiffs for citizenship or
enrollment as Choctaw Indians.
The above opinion is founded upon nothing in
the record. All the evidence submitted
sustained the claims of applicants, and
there was no evidence offered by the
nations.
March 21. 1904. Decree entered denying all
of claimants admitted by United States
court, to enrollment as citizens of Choctaw
Nation.
September 23, 1898. D. B. Vernon, John H.
Vernon, Chesley T. Vernon, Sophia F. Vernon,
James W. Vernon, Caswell B. Vernon. Clydie
B. Vernon, Ivey L. Vernon, and Ida B.
Vernon, appeared before the Dawes
Commission, sitting at Ada, and applied for
admission as members of the Choctaw Tribe by
blood, and were enrolled.
December 2. 1904. After the decision of the
citizenship court, whose decision was
construed by the department as final, the
commission rendered a decision denying all
of claimants admission to citizenship in
said nation.
These claimants are one of the well-known
and highly-respected families in the
Chickasaw Nation. Chesley Taylor Vernon is
the present clerk of the district court,
eighth judicial district of Oklahoma. He
shows the Indian blood strong. He was seen
by members of the House committee at Sulphur
during the investigation in August.
Counsel for claimants respectfully submit
that all of said claimants included in the
judgment of the United States court are
Choctaw Indians by blood, as shown by the
record, and are entitled to enrollment as
such. They are D. B. Vernon, John H. Vernon,
Chesley Taylor Vernon, Lucy Vernon (died
1898), Amy Pearl Vernon (now Morgan), Sophia
V. Vernon (now Nelson), Jim W. Vernon,
Caswell B. Vernon, Clydie B. Vernon, Ivey L.
Vernon (now Wells), Ida Vernon, George W.
Vernon, Theodosha E. Vernon (now Howard),
Louisa T. Vernon (now Frazier), Robert E. L.
Vernon, Francis M. Vernon, Manda A. Vernon
(not "Manda A,'' but "Maud," now Bennett).
Samuel H. Vernon, Gracie T. Vernon, M. J.
Vernon.
(Twenty.)
Respectfully submitted.
Ballinger & Lee, Attorneys for Claimants.
Copy Of Order Of Court
United States Of America
Indian Territory, central district, ss:
In the United States court in the Indian
Territory, central district, at a term
thereof begun and held at South McAlester,
in the Indian Territory, on the 26th day of
August, A. D. 1897.
Present: The Hon. William H. H. Clayton,
Judge of said court.
The following order was made and entered of
record, to wit:
D. B. Vernon et al. v. Choctaw Nation. No.
98.
Judgment
On this 26th day of August A. D. 1897,
the same being one of the days of, the April
A. D. 1897, term of this court, this cause
came on for trial on the report of the
master, W. B. Rutherford, appointed by this
court for the purposes of finding and
reporting the facts herein, and the
plaintiffs and defendant appeared by their
attorneys and announced ready for trial, and
this cause is by agreement submitted to the
court for decision, and the court having
heard the evidence on the part of both
plaintiff and defendant, and having
considered the report herein, and being well
and fully advised in the premises, doth
confirm said report in every respect, and
doth find that D. B. Vernon, male, age 46:
John H. Vernon, male, age 23: Chesley Taylor
Vernon, male, age 22 years: Lucy Vernon,
female, age 19 years; Amy Pearl Vernon,
female, age 17 years; Sophia F. Vernon,
female, age 14 years; Jim W. Vernon, male,
age 13 years; Caswell R. Vernon, male, age
11 years; Clydie B. Vernon, male, age 9
years; Ivey L. Vernon, female, age 7 years;
Ida Vernon, female, age 3 years; M. J.
Vernon, female, age 26; George W. Vernon,
male, age 20 years; Theodosha K. Vernon,
female, age 18; Louisa T. Vernon, female,
age 17 years; Robert E. L. Vernon, male, age
15 years; Francis M. Vernon, male, age 12
years; Manda A. Vernon, female, age 11;
Samuel H. Vernon, male, age 9 years; and
Gracie T. Vernon, female, age 5 years, are
citizens of the Choctaw Nation, and that all
of said above-named plaintiffs are citizens
by blood of the Choctaw Nation, excepting M.
J. Vernon, who is a citizen by
intermarriage.
It is therefore ordered, considered, and
adjudged by the court that said plaintiffs
above named be, and hereby are admitted to
citizenship in the Choctaw Nation, with all
the rights, privileges, and benefits of such
citizens aforesaid in and to the Choctaw
Nation.
The court further finds that the other
applicants herein were not residents of the
Indian Territory at the time of filing their
application before the Commission to the
Five Civilized Tribes, and did not reside
therein at the time their appeal herein was
taken, and the same hereby are denied, to
wit: J. F. Vernon, male, age 33; M. A.
Vernon, female, age 7 years; W. J. Vernon,
male, age 5 years; W. B. Vernon, male, age 4
years; Maud Vernon, female, age 3 years;
Frank Vernon, male, age 2 years; Arnold
Vernon, male, age 7 months; R. H. Vernon,
male, age 36 years; Ella Vernon, female, age
20 years; Pearlie May Vernon, female, age 2
years: Irene Vernon, female, age 7 weeks;
Bradford C. Vernon, male, age 44 years; C.
P. Vernon, male, age 19 years: D. C. Vernon,
male, age 17 years; E. J. Vernon, male, age
11 years; J. Y. Vernon, male, age 9 years;
B. C. Vernon, male, age 6 years; J. H.
Vernon, male, age 3 years: and G. W. Vernon,
male, age 39 years.
It is further ordered and adjudged by the
court that the clerk of this court shall
transmit to the Commission to the Five
Civilized Tribes a certified copy of this
Judgment and decree, and that said
commission shall place the names of the
plaintiffs admitted to citizenship in this
action named above upon the rolls prepared
or to be prepared by them of the citizens
and members by blood of the Choctaw Nation,
excepting the name of M. J. Vernon, which
name shall be placed by said commission upon
the rolls prepared or to be prepared by them
of the citizens and members by intermarriage
of the Choctaw Nation and Tribe of Indians,
and that such persons so admitted as
citizens and members of the Choctaw Nation
as aforesaid shall be entitled to all the
rights, privileges, immunities, and benefits
of citizens of the Choctaw Nation in all
respects.
It is further ordered that the plaintiffs
have and recover of and from the Choctaw
Nation one-half all their costs in this
behalf laid out and expended, for all of
which let execution issue.
United States Of America,
Indian Territory, _______ district, ss:
I, E. J. Fannin, clerk of the District Court
of the United States for the _______
District of the Indian Territory, do hereby
certify the foregoing to be a true copy of
an order made by said court on the 26th day
of August. 1897, as appears from the records
of said court now on file in my office.
In testimony whereof I have hereunto set my
band, at my office in South McAlester, in
said district, this 20th day of March A. D.
1903.
[seal.] E. J. Fannin, Clerk
By J. M. Dodge, Deputy.
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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