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Victoria Boyd,
Choctaw-Chickasaw
Victoria Boyd Et Al
Dawes Commission, No. 897-1896.
Commission,
No. 205-1900.
Note.-This case is referred to in the
report of J. W. Howell, covering his
investigation of enrollment matters in the
Choctaw- Chickasaw Nations, and submitted to
the Secretary of the Interior March 3, 1909.
These claimants appeared before W. C.
Pollock, representing the Secretary of the
Interior, at the office of the commission at
Muskogee, October 31, 1900, and were
examined by him and their case is covered in
his report to the Secretary, submitted ___,
1910.
Record
The record shows that Victoria Boyd, in
1900, was about 30 years of age, that she
did not know her exact age; that she is a
daughter of Jimpsimime Dyer, a full blood
Choctaw woman; that her grandmothers name
was Nellie Dyer, a full blood; that Victoria
Boyd was born in Arkansas, moved to Texas
with her parents, and remained there until
some time in 1895 or 1896, when she, with
her husband and their children, moved to and
settled in the Choctaw Nation near Colgate,
where they remained about four years and
then moved to Johnstown, Chickasaw Nation;
that they have since continuously resided in
the Chickasaw Nation; she alleged that
during the month of October 1896, she went
to Tuskahoma, Choctaw Nation, for the
purpose of applying to the Choctaw Council
for admission to citizenship in the nation,
and was informed by Green McCurtain "that
the Choctaw law required her to pay $100 per
capita in advance before her case would be
considered by their committee; that she was
a poor person and unable to comply with this
law."
During claimant's examination, June 12,
1900, by the commission at Colbert, Ind. T.,
the commissioner dictated the following
statement for inclusion in the record: "By
the commissioner: This woman has the looks
of being at least a half breed Indian."
(Note by counsel and not in record:)
Victoria Boyd is very ignorant; resembles a
full blood, as do all her children. Her name
is not on any roll of the tribe.
September 7, 1896. Washington B. Boyd
applied to the commission, under the act of
June 10, 1896, for the admission of himself
as an intermarried citizen, and his wife and
children, as follows: Victoria Boyd. William
B. Glover, Dollie Glover, Georgie B. Boyd,
as citizens by blood of the Choctaw Nation.
December 4, 1896. Commission denied said
application. No appeal.
August 28, 1899. Victoria Boyd appeared
before the commission at Atoka, and applied
for the enrollment of herself and her minor
children, Willie Glover, Dollie Glover,
Georgie Boyd, Lence Boyd, as citizens by
blood of the Choctaw Nation.
August 28, 1900. Commission rendered its
decision denying said claimants enrollment,
and the record was forwarded to the
department.
July 7, 1901. The case was remanded to the
commission for further hearing.
June 12, 1900. Applicant appeared before the
commission at Colbert, Ind. T., and made
application for the enrollment of herself
and minor children as Mississippi Choctaws,
claiming rights under article 14 of the
treaty of 1830. No further action was taken
by the commission on the application of
August 28, 1899, when applicants applied to
the commission for enrollment under the
provisions of the act of June 28, 1898, as
citizens of the Choctaw Nation by blood.
April 21, 1903. The commission rendered its
decision on the application of June 12,
1900, in which applicants applied for
enrollment as Mississippi Choctaws, in which
it held that under the provisions of the act
or May 31, 1900, claimants could not be
enrolled as members of the Choctaw Nation,
because their names did not appear on the
tribal rolls, and that while the name of
Nellie Dyer, the alleged grandmother of
Victoria Boyd, appeared on the list of
fourteenth article claimants, the proof
submitted was not clear that the said Nellie
Dyer, whose name appeared on said rolls, was
in fact the grandmother of the claimant,
Victoria Boyd.
July 14, 1904. Decision of the commission
approved by the Secretary.
Statement By Counsel
Counsel for claimants respectfully submit
that Victoria Boyd, being at least a
half-breed Choctaw Indian, and residing in
the Choctaw Nation in 1896, should have been
enrolled by the commission in accordance
with her application, submitted September 7,
1896, together with her children; that the
commission had ample authority under the
provisions of the act of June 28, 1898, to
have enrolled her and her children in
accordance with their application submitted
August 28, 1899; that it was error for the
commission to have refused to adjudicate the
case of claimants under said act in
accordance with the instructions of the
department remanding the case; that it was
error for the commission to have finally
decided the case on the application of June
12, 1900, under the provisions of the act of
May 31, 1900, or to have denied claimants,
because they were unable to make strict
proof of their claim as descendants of
Nellie Dyer, a fourteenth article claimant
under the treaty of 1830. These claimants
are admittedly Choctaw Indians by blood;
they resided in the nations in 1896, or two
years before the requirement as to residence
under the act of June 28, 1898; that they
three times applied to the commission for
enrollment, and were twice erroneously
denied by said commission; that they applied
to the officials of the Choctaw Nation at
Tuskahoma in 1896 for enrollment on the
tribal rolls, and were refused because they
could not pay the Indian officials $100 per
head; that they are legally and equitably
entitled to enrollment, are destitute and
ignorant, and that it is the duty of the
Government, the trustee for these people, to
see to it that they are enrolled.
Those entitled to enrollment are: Victoria
Boyd and her children, Willie Glover, Dollie
Glover, Georgie Boyd, Lintz (or Lence) Boyd
(five in all).
Respectfully submitted.
Ballinger & Lee
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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