While we know our northern friends may not feel it, in the South, Spring is
here. So we thought we'd share a few of our gardening sites appropriate
for this time of the year. Along with gardening, there's grilling, and getting
ready to diet so that you can fit back into that bathing suit this summer!
In the matter of the application of Emma Hayes for the identification of
herself and six minor children as Mississippi Choctaws.
Emma Hayes, being first duly sworn, upon her oath states as follows:
Examination
by the Commission
What is your name?
Emma Hayes.
What is your age?
Thirty- four.
What is your post office address?
De Soto, Clark County, Mississippi
How long have you lived in Mississippi?
I have been here all my life.
Never lived anywhere else?
Yes sir; I lived two years at another place.
Where?
Scott County.
You claim to have Choctaw blood?
Yes sir.
What proportion?
My grand-father was an Indian man.
What proportion would that make you?
A quarter.
Is you father living?
Yes sir.
What is his name?
Washington Ferrill.
Is your mother living?
Yes sir.
What is her name?
Margaret Ferrill.
Does your father claim any Choctaw blood?
No sir.
What is he?
Negro.
Your mother claims Choctaw blood?
Yes sir.
How much?
Half.
The balance Negro?
No sir; he was Indian.
I mean you mother is half Choctaw and half Negro?
Yes sir.
You get your Choctaw blood through you mother?
Yes sir.
Your father and mother were slaves?
Yes sir.
Were you a slave?
No sir.
Not old enough to be?
No sir.
Does you mother live in Mississippi?
Yes sir.
How long in Mississippi?
All her life.
Are you married?
Yes sir.
What is your husband’s name?
Cornelius Hayes.
He is a Negro?
Yes sir.
Makes no claim to Choctaw blood?
No sir.
You make no claim for him?
No sir.
Have you any children?
Yes sir.
What are their names and ages?
Minnie.
Old?
Fifteen years.
The nest one?
Bamar.
How old?
Twelve years old.
The next one?
Ollie.
How old?
Eight years old.
The next one?
Maggie.
How old?
Six years old.
The next one?
Lucy.
How old?
Three years old.
The next one?
Cicero.
How old is Cicero?
One year.
Are these children all living?
Yes sir.
All live with you?
Yes sir.
Always lived with you?
Yes sir.
And they get their Choctaw blood through you?
Yes Sir.
Are they all the children of yourself and
Cornelius Hayes?
Yes sir.
Have either you or any of these minor children
ever been recognized as citizens of the Choctaw Nation?
No sir, we have been among the Choctaws.
Never been recognized as citizens of the Choctaw
Nation, Indian Territory?
No sir.
Never received any benefits whatever as Choctaws?
No sir.
Never received any land or money?
No sir.
Did any of your Choctaw ancestors ever receive any
land or money?
No sir.
Never got any money from the Choctaw tribal
Government in the Indian Territory?
No sir.
Are your names on the Choctaw tribal rolls in the
Indian Territory?
I don’t know sir.
You never made any effort to have them put there?
No sir.
Did you ever make application, either in your own
behalf, or in behalf of these six minor children for citizenship in the
Choctaw Nation to the Choctaw authorities?
No sir.
Did you make
application to this Commission in the year 1896, for citizenship in the
Choctaw Nation?
No sir.
Have you ever
appeared before this Commission prior to this time?
No sir.
No one ever
appeared in your behalf?
I don’t know
sir.
Not with your
authority?
No sir.
You nor your
minor children have been admitted to citizenship in the Choctaw Nation
by the Choctaw tribal authorities, by this Commission in the year 1896,
or by the United States Court for the Indian Territory?
No sir.
Never have been
recognized in any manner as citizens of the Choctaw Nation?
No sir.
You appear here
now for the purpose of making application for the identification of
yourself and minor children as Mississippi Choctaws?
Yes sir.
Do you
understand what that means?
No sir, I don’t
know.
Do you know what
you would get in case you were identified?
No sir.
What are you
here for today?
Just come up
here – I don’t know sir.
You don’t know
what you are here for?
No sir.
The Commission
is here for the purpose of hearing applicants for identification as
Mississippi Choctaws, claiming rights in the Choctaws lands in the
Indian Territory under the provisions of the fourteenth article of the
treaty of 1830 between the United States and the Choctaw Indians; do you
want to apply under the 14th article?
Yes sir.
Do you know what
it is?
No sir, I don’t
know.
You never read
it?
No sir.
Do you know a
single thing it contains?
No sir.
What makes you
think you are entitled to rights under it then?
Well, I think I
am entitled to right; I am of the Choctaw blood.
My reason of you
being possessed of Choctaw Indian Blood?
Yes sir.
This treaty of
1830 was made by the Government of the United States with the Choctaw
Indians, who then lived in Mississippi for the purpose of securing their
removal to the new country west of the Mississippi River. At that
time some of the Choctaw were
unwilling to move out to this new
country, and insisted that provision be made in this treaty by which
they might remain here in Mississippi. This fourteenth article was
then inserted in the treaty. It provided that any Choctaw,
recognized member of the tribe, who desired to remain here, might do so
under certain conditions, and receive land here in the State of
Mississippi for himself and his minor children living at the time of the
treaty. By the terms of that article he was to appear before the
Indian Agent for the Choctaws, then located in Mississippi, within six
months from the time this treaty was ratified, and signify his intention
to remain here in Mississippi and become a citizen of the states; he was
then to be given a reservation of land for himself and for each one of
his minor children, varying in amount according to the age of the
children; he was required to live on that land for a period of five
years, at the end of which time a patent would issue for the land.
That 14th article also provided that persons taking advantage
of it and remaining here in Mississippi should not lose the privilege of
a Choctaw citizen if they ever removed to the new Choctaw Nation in the
Indian Territory, except that they forfeited their rights in the Choctaw
annuities. Now, ancestors did not go west with the Choctaws when
they moved there about seventy years ago, but remained here in
Mississippi , and took advantage of the provisions of the fourteenth
article of the treaty of 1830. Do you want to claim under that
fourteenth article now?
I don’t know
sir, what it means. Yes sir.
You claim that
your people didn’t go out west with the Choctaws, but remained here in
Mississippi and took advantage of the provisions of that treaty?
Yes sir, they
all stayed here.
What one of your
Choctaw ancestors were living here in the year 1830?
I don’t know
sir.
Do you know how
long ago that was?
No sir.
Do you think it
was before you was born or afterwards?
Before, I
reckon.
How many years
ago was 1830?
I don’t know
sir.
Do you know
whether any of your Choctaw ancestors was living here in 1830
I don’t know
sir.
Your mother
wasn’t living here was she?
Yes sir.
She isn’t but
fifty-five years old; she couldn’t have been living here seventy years
ago?
No sir.
Who did she get
her Indian blood through?
Her father.
What was his
name?
John.
Any other name?
Not as I knows.
Any Choctaw
name?
No sir.
When did he die?
I don’t know.
How old would he
be if he was living today?
I couldn’t tell
about that.
Do you know
whether he was living here in 1830, or not?
I don’t know.
Do you know
whether he ever claimed or received any land from the United States
under the provisions of this 14th article of the treaty of
1830?
I don’t know
anything about that.
Do you know
whether he ever got any money from the Government?
I don’t know.
Did you, or did
any of your ancestors, ever get any money from the Choctaw tribal
Government out in the Indian Territory?
I didn’t.
You don’t know
whether your people did or not?
No sir.
Do you know
whether your grand-father, John, was recognized by the Choctaw tribal
officers or by the Government of the United States in 1830, as a member
of that tribe?
No sir, I don’t
know.
Did he ever own
any land in Mississippi?
Not as I knows
of.
Did he ever get
any land anywhere from the Government of the United States?
Not as I knows
of.
Did your mother
ever get any?
Not as I knows
of
Did you know
John’s father and mother?
No sir.
You don’t know
whether they got any money from the Government?
No sir.
In case the
Commission should be able to identify you and your minor children as
Mississippi Choctaws, entitled to rights in the Choctaw lands in the
Indian Territory, under the provisions of the 14th article of
the treaty of 1830, between the United States and the Choctaws, is it
your intention to remove to the Indian Territory and make your permanent
home?
Yes sir.
Is there any
additional statement in regard to your case you want to make at this
time?
Well, I don’t
know sir.
Have you any
affidavits, statements or other proper papers that you desire to offer
in evidence in support of your application
L. P. Hudson, attorney for the applicant asks leave to file written
evidence in support of this claim within thirty days from this date.
Permission is
granted to the attorney for the applicant to file proper documentary
evidence in support of this application within a period of thirty days
from this date
You don’t speak the
Choctaw language, do you?
No sir.
You will be furnished at a later date with a copy of the decision of the
Commission with reference to the application made by you at this time for
the identification of yourself and six minor children as Mississippi
Choctaws, mailed to you at your present post office address.
(This
applicant has every appearance of being a Negro, and show no indication
whatever of being possessed of Choctaw Indian blood.)
R. S. Streit, being first duly sworn, upon his oath states that as
stenographer to the Commission to the Five Civilized Tribes, he reported
the proceedings in the above entitled cause on the 12th day of
April. 1901, and that the above and foregoing is a full, true and correct
translation of his stenographic notes of said proceedings on said date.
R S Streit
Subscribed and sworn to before me at Meridian, Mississippi, this 23rd
day of April, 1901.
