Brief for Applicants

In the Interior Department

Land No. 34990.

Scott S. Dumas et. al., applicants for enrollment as Mississippi Choctaws.

Brief for Applicants

I | II | III | IV

To the Honorable, The Secretary of the Interior, Through the Honorable Commissioner of Indian Affairs.

I.

Counsel signing this brief (to not represent all of the applicants, but as the rights of the applicants are mare or less interlinked it is not thought necessary to specify which of them, are represented by these counsel.

II

The applicants in this cause seek identification and enrollment as Mississippi Choctaws. Their descent is from one John Brashear, and his wife, Nancy, nee Black, or Lipsic. These ancestors are named as indicating the strain of blood through which they claim, but the applicants urge their claim specifically through three children of the said John and Nancy Brashear. These children are Lawrence Brashear, Elizabeth Brashear, who married Elhanan W. Dumas, and Keziah, who married. Fleming J. Thompson. It may be remarked here that it appears from the record that the name Brashear is spelled in two or three ways, and the name Keziah is also spelled in two ways. The differences of spelling, however, are only such as customarily take place in the spelling of any family name after the lapse of a few years, or when the members of the family becomes numerous and the descendants scattered. The descent is quite clearly traced from the threw sources above named.

     There is only one point in which there seems to be any confusion, and that is with reference to Alexander Brashear, claimed to be the son of Melville F. Brashear, and others applying as descendants of Melville F. Brashear. Melville F. Brashear is declared by his descendants to have been a son of Winchester Dumas and born in 1832. Alexander says that Melville was the oldest son of Winchester. This testimony, which is found at page 74 of the record, seems to conflict with the testimony of Thaddeus and Aurelius, found at pages 65 and 70 of the record, where it is shown that their father, Winchester Dumas was born, in 1805, and married about 1822 or 1893. The testimony is quite reconcilable though, on the theory that Winchester Dumas was twice married, as we think is deducible from the record; but this does not clearly appear, and we have felt it our duty to call attention to this state of the record. John and Nancy had other children than those above mentioned, but it is not necessary to refer to them at this time, as all the applicants claim under those whom we have named. Some reference, however, later in the course of the argument, probably will be made to the names of two of their other, children, as bearing upon the weight to be given to certain testimony.
     We have prepared as an appendix to this brief a genealogical table, in which we have shown the descent of all applicants from the three ancestors, Lawrence Brashear, Elizabeth Brashear Dumas, and Keziah Brashear Thompson. We have taken the stocks of several ancestors and traced the families of the applicants. Above the line of descent of many of the applicants we have placed figures. These indicate pages of the record.
     We desire that it should be here specially noted that J. P. Dumas, the son of Elhanan and Elizabeth, married his first cousin, M. A. E. Thompson, a daughter of Keziah and Fleming J. Thompson, so that the descendants of these two persons claim: by rights emanating from both these ancestors.
     The specific claim made by most of the applicants is that their ancestors attempted to comply with the fourteenth article of the treaty of 1830, made at Dancing Rabbit Creek. The record fails to show any compliance upon the part of the ancestor Lawrence Brashear, but there is evidence showing that such compliance was made by Elizabeth Dumas and Keziah Thompson, and, as we conceive, the disposition of this case depends upon the weight that is given to that evidence. As we think, after the long lapse of years since the occurrence took place, its probative force is such that the applicants claiming under Keziah Thompson and Elizabeth Dumas should be enrolled. We shall come to the discussion of the evidence later.

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