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James A. Cummins,
Choctaw
Franks A. Cummins Et
Al., Choctaws.
Dawes Commission. No. R-379.
The admitted facts as shown
by the record in this case are:
Leading claimant. J. A. Cummins, is a son of
Mary Cummins, nee Anderson, a half-blood
Choctaw, who was a daughter of Jennie
Anderson, a full-blood Choctaw. who, with
her husband, Daniel Anderson, white man.
removed with other Indians from Mississippi
in 1832 to the Choctaw Nation, where they
lived until their deaths.
The Commissioner of Indian Affairs, in a
decision rendered February 12, 1907. on a
petition to have this case reconsidered,
says:
It is time, as alleged in the petition of
the applicants, that Daniel Anderson,
alleged to he their ancestor, was a
recognized member of the Choctaw Nation east
of the Mississippi River in 1830, and was
transported west by the Government, together
with his family, consisting of 14 persons,
arriving In the Choctaw Nation west on
February 11, 1832. (Certified copy hereto
attached.)
The names of claimant's mother's brothers
and sisters appear on the census roll of
Jack Fork County for the year 1868 and on
succeeding census rolls of the nation.
Claimant's mother and father were then dead,
and claimant was living in Texas with white
people. Claimant's mother and father died in
the Choctaw Nation about 1859, when claimant
was less than 2 years of age. Claimant was
taken by his grandmother, Mrs. Cummins, a
white woman, across to Texas when about 3
years old and left with W. R. N. and his
wife. A. R. Mitchell, a white family. Later
he was taken by them to Arkansas and
remained in that State with the Mitchells
until 1883, when he returned to the Choctaw
Nation and located in Tobucksey County,
where he has since continuously resided.
Claimant was born in the Choctaw Nation, and
Mrs. Artilley R. Mitchell, who raised
claimant, is still alive and resides in
Washington County, Ark., her post office
being Lincoln, Ark. She makes affidavit of
the above facts.
The children of claimant's mother's brother,
Daniel Anderson, together with their
children, are regularly enrolled on the
finally approved rolls of the Choctaw
Nation; Andel Anderson, claimant's first
cousin and a child of Daniel Anderson,
claimant's mother's brother, is enrolled on
the final Choctaw roll, opposite No. 725;
Andel Anderson's brother. William Anderson,
and his sister. Salina Moore, and their
children, are enrolled upon the final rolls
of the Choctaw Nation.
At a session of the commission held at
McAlester, beginning September 4 and ending
September 13, 1899, claimant appeared and
applied for the enrollment of himself and
children. The record of the examination is
as follows:
Q. What is your name?
A. .Tames A. Cummins.
Q. How old are yon?
A. Forty-two.
Q. Are you on the Choc-law rolls?
A. No, sir.
(). Have yon ever been?
A. No, sir.
Q. Are your father and mother on the rolls
In the Choctaw Nation?
A. I am told that my mother is on the rolls.
Q. Who told yon that?
A. I had a lawyer to examine the rolls. My
mother died In 1859 in Red River County,
Choctaw Nation.
Commissioner McKennon. Enrollment is
refused.
November 25, 1899. Petition filed with the
department sets out all of the above facts
that claimant is a son of Mary Anderson, a
half- breed Choctaw woman; that he was born
in the Choctaw Nation; that he had resided
continuously therein for the past 16 years;
had held land and issued permits the same as
other Indian citizens; that he went before
the commission in September, 1899, and
applied for enrollment and was told that
because his name did not appear upon the
1893 or 1896 tribal rolls he could not be
enrolled; that he had never attempted to be
registered on one of the tribal rolls
because it was never considered necessary;
and that many full-blood Indians had not
applied for registration and were not
registered, but had always been recognized
as Choctaws. Supporting the petition are the
affidavits of Sallie Moore, an enrolled
Choctaw Indian: Andel Anderson, an enrolled
Choctaw Indian; Lewis Jackson, an enrolled
Choctaw Indian; William Anderson, an
enrolled Choctaw Indian; as well as the
affidavits of W. R.. N. Mitchell and A. R.
Mitchell, his wife (the white family who
raised claimant), testifying to the truth of
the allegations set out in the petition.
May 9, 1902. The commission rendered a
decision denying James A. Cummins. R. T. Ann
Cummins, Bertie Emily Cummins. Oliver Cody
Cummins, Edith Ellen Cummins, Stephen
Alexander Cummins, Cicero Anderson Cummins,
Grace Ona Cummins, Ella May Cummins, and
Cynthia A. Cummins, because their names did
not appear upon any tribal roll.
June 2, 1906. Petition was filed with the
Secretary of the Interior praying for the
enrollment of claimants. In said petition
the Secretary was asked to enroll claimants
under the decision in the Long case, holding
birth in the nation and residence therein
sufficient without tribal enrollment.
February 12,1907. The Secretary rendered a
decision denying said petition.
Counsel for claimants respectfully submit
that as the Indian blood and tribal
recognition of claimant's grandparents and
parents is conceded, as claimant was born in
the Choctaw Nation, that he is in fact a
born citizen of the nation, and that
enrollment on one of the tribal rolls was
never necessary to establish his
citizenship; that the fact that he was left
an orphan when less than 2 years of age and
was raised by white people entitled claimant
to the most favorable consideration; and the
further fact that upon his return to the
Choctaw Nation in 1883 he was permitted to
hold land the same as all native registered
Choctaws, issued permits to white people, he
being subject to the process of the courts,
his children educated in the Choctaw schools
at the expense of the Choctaw Nation, that
he and his children are entitled to
enrollment. Those thus entitled, as shown by
the records, are: James A. Cummins, Stephen
Alexander Cummins, Cicero Anderson Cummins,
Grace Ona Cummins, Ella May Cummins, Edith
Ellen Cummins. R. T. Ann Thomas (nee
Cummins), and Birdie E. Long (nee Cummins).
(Eight in all.)
Respectfully submitted.
Ballinger & Lee
Affidavit of Witness
Choctaw Nation, Indian Territory.
Before me the undersigned, a notary public
or clerk of the court, in and for the county
and State aforesaid, personally appeared
Andel Anderson, who, after being by me duly
sworn, states that he is 56 years of age, a
full-blood Choctaw Indian, and a citizen of
Tobucksey County. Ind. T., and that he is
personally acquainted with James A. Cummins,
of Choctaw Nation, Ind. T.. who is an
applicant for citizenship in the Choctaw
Nation, Ind. T.: and affiant further states
that the said James A. Cummins is the
Identical person he represents himself to be
in his application for said citizenship in
said nation, and that the said James A.
Cummins is a Choctaw Indian by blood as
follows: Daniel Anderson Soul married
Jennie, a full-blood Mississippi Choctaw
Indian, in the Mississippi Choctaw Nation:
they had several children, one named James
Cummins, and they are the parents of James
A. Cummins, this applicant for citizenship
in the Choctaw Nation. Ind. T. He lives In
the Territory.
Affiant further states that he has known the
said James A. Cummins for the past several
years, and knows that he is and has been
recognized and treated by his neighbors,
acquaintance, and public generally as a
person having Indian blood: and the
complexion, physical appearance, language,
and manners of the said James A. Cummins
indicated that the said James E. Cummins is
of Indian blood; that from the above facts
and circumstances and from statements made
to me by the said James A. Cummins affiant
states that he has every reason to believe,
and does believe and knows, that the said
James A. Cummins is of quarter or more
Indian blood.
Affiant further states that he has no
Interest whatever in the prosecution of the
claim of the said James A. Cummins to
citizenship in the Choctaw Nation. Ind. T.
Ander (his x mark) Anderson
Witness:
J. B. Gresham.
Subscribed and sworn to before me this 4th
day of September. A. D. 1899. and I further
certify that I am well acquainted with the
said Andel Anderson.
[seal.] James K. Gresham. Notary Public
My commission expires on the 26th day of
November, 1900.
Department Of The Interior.
Office Of Indian Affairs.
Washington. March 8, 1908
I. C. F. Larrabee. Acting Commissioner of
Indian Affairs, do hereby certify that the
paper hereto attached is a true copy of the
original as the same appears of record in
this office.
In testimony whereof I have hereunto
subscribed my mime and caused the seal of
this office to be affixed on the day and
year first above written.
[SEAL] C. F. LARRABEE,
Acting Commissioner
Department Of The Interior
Office Of Indian Affairs,
Washington, February 12, 1907
The honorable the Secretary Of The Interior.
Sir: .1 have the honor to invite your
attention to the enclosed letter of June 25
1906, from Tarns Bixby, Commissioner to the
Five Civilized Tribes, who says that on May
9, 1902, the Commission to the Five
Civilized Tribes rendered its decision
refusing the application of J. A. Cummins et
al. for enrollment as citizens of the
Choctaw Nation, and on June 12, 1903, this
action was approved by the department: that
on November 16, 1905, the Commissioner to
the Five Civilized Tribes rendered a
decision declining to receive the
application of Sarah Elms and her children
for enrollment as citizens by blood of the
Choctaw Nation and refusing to Identify them
as Mississippi Choctaws, which notion was
approved by the department on January 18,
1906.
Commissioner Bixby now transmits n petition
of J. O. Pool, an attorney at law. for the
reopening of the consolidated cases of James
A. Cummins et al. and Sarah Ann Elms et al.
for the consideration of the department.
It is true, as alleged in the petition of
the applicants, that Daniel Anderson,
alleged to be their ancestor, was a
recognized member of the Choctaw Nation east
of the Mississippi River in 1830, and was
transported west by the Government. together
with his family, consisting of 14 persons,
arriving in the Choctaw Nation west on
February 11, 1832. It Is shown by the
records submitted by the applicants and
admitted in their argument that neither they
nor their parents were ever enrolled as
citizens of the Choctaw Nation, their entire
contention being based on the enrollment and
recognition of the grandparents of the
principal applicants and the
great-grandparents of their children.
In the judgment of the office a failure of
recognition of any of the members of the
family during a period of 50 years and the
absence of their names from the tribal rolls
must be conceded to be evidence of failure
of recognition, and the department would not
be justified in holding at the present time
that these persons are entitled to
enrollment.
For this reason I recommend that the
petition for rehearing be denied, and
inclose the original records in the cases.
Very respectfully, C. F. Larrabee,
Acting Commissioner
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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