Bacon, Lucy (memorandum 186).
Utica, Okla. Chickasaw by marriage. File: Part I of report of March 3, 1909. This applicant claims as an intermarried citizen of the Chickasaw Nation by her marriage August 25, 1902, with Sam J. Bacon, a white adopted citizen of the Chickasaw Nation, Chickasaw roll, by blood, No. 4869. At the time of their marriage they were both residents of the Choctaw Nation, which leaves but the one question. Can an adopted citizen confer rights by marriage with a white person? This question was before the department in two other cases at the time this applicant was denied, the two other cases being in the same family and involving the identical question. The other applicants were Belle Bacon, who claimed by marriage with William J. Bacon, a brother of said Sam J. Bacon, and Martha Black, who claimed by marriage with an uncle of the Bacons. Both Martha Black and Belle Bacon were enrolled by the department at the same time Lucy Bacon was denied. It is thought that different law clerks must have had the eases under consideration, as they are all alike. Certainly, from this statement of facts, which the records of the department will bear out, Lucy Bacon should be enrolled as a Chickasaw by Intermarriage.
Number of claimants in this memorandum. 1.
Note.The statements appearing in connection with the cases of Lucy Bacon (above), Joe Camp, Mary A. Crowder, Mattie Doak, Martha Thompson, Jim Johnson (or Cole) et al., Richard (or Richmond) Kimbale, James T. Leard, Annie Secor (later Owen), Rufinia Bailey, and Sallie Williams were quoted from a memorandum furnished by Messrs. Apple & Franklin, of Ardmore, Okla. These statements will be found on the accompanying sheets, which are arranged In alphabetical order, according to the names of the claimants.
Baptist, Joe C. (Age 32 in 1908.)
Baptist, Olive (minor).
Choctaws by blood. Files: Records of Commissioner to Five Civilized Tribes. Part I. Exhibit F. report March 3. 1909. This man claims to be a five-eighths Choctaw and three-eighths Negro. He is on the freedman roll. He thinks he is entitled to be transferred to the blood roll. He says he has an uncle who is a full-blood Choctaw.
Joe C. Baptist also claims that he was born in the Choctaw Nation and has always lived there; also that his father was Solomon Baptist, and that he (the claimant) was raised by his uncle.
Number of claimants in this memorandum, 2.
Barnett, Peggy.
Creek by blood. Files: Letter of January 16, 1909, from J. E. Tiger, assistant district agent, Holdenville, Okla. (See Part IV, Exhibit F, report March 3,1909.) Mr. Tiger states that T. Barnett, full-blood Creek, appeared at the district agent’s office to secure the enrollment of his mother, Peggy Barnett. He says that it appears her name was omitted from the rolls approved by the Secretary because of the ignorance of the heirs, who did not know just what steps to take to secure her enrollment. She died July 3, 1899, and as the law provided for enrollment of all citizens living April 1, 1899, she was evidently entitled to be enrolled. Wash Barnett, roll No. 6077, Thomas Barnett, roll No. 6078, and others, all children of Peggy Barnett, have been enrolled. Reliable witnesses can be obtained. All of the above from Mr. Tiger. Number of claimants in this memorandum, 1.
Battieste, Morris.
Mayautubbee, Mary.
Hoper, Louis.
Charles, Sarley.
Charles, Cilley.
Jacob, Johnson.
Choctaws by blood. Department flies: 151-1904 and special file 901-898. The persons named above were mentioned in tho resolution of a General Council of Choctaw Nation, approved November 5, 1903. requesting the Secretary of the Interior to take whatever steps might be necessary to secure their enrollment as Choctaws. This resolution was recommended for adverse action on grounds which were solely jurisdictional and technical without regard to the merits of the cases. It is probable some of these persons failed to secure enrollment, because their names could not be found upon the tribal rolls, or it is possible that application was not made in due time for their enrollment, but, in view of the fact that the Choctaw Council saw fit to request their enrollment, it is patent that their cases must be meritorious.
Number of claimants In this memorandum, 6.
Beamer, Maggie.
Melvin, Okla. Cherokee by blood. Files: Report of November 15, 1907. from Commissioner to Five Civilized Tribes. Case No. 9365. Application for the enrollment of Maggie Beamer was made June 24, 1902; she is a full-blood Indian, about 13 or 14 years of age, a daughter of Sam Beamer. whose name appears opposite No. 18962. upon the approved roll of citizens by blood of the Cherokee Nation, and one Lydia Beamer, nee Wesley, a Cherokee, who died about 12 years ago. Maggie Beamer is identified upon the 1896 Cherokee tribal roll, Tahlequah district, at No. 319, and has continuously resided in the Cherokee Nation from the time of her birth until the present time. The case of this child was not, through inadvertence, passed upon prior to the closing of the Cherokee roll.
Number of claimants in this memorandum, 1.
Beams, Simon.
Choctaw by blood. Files: Part III, Report March 3, 1909. This claimant says that his father was a full-blood Choctaw; that his mother was a colored woman and a slave. He claims further, however, that he was born in 1875, subsequent to the emancipation of his mother, and that he has resided in the Choctaw Nation; he also states that he has a cousin, whose name appears on the Choctaw rolls.
Number of claimants in this memorandum, 1.
Bean, Grover C.
Boone, Frank and Volney.
Bond, Oba, et al.
Cherokees. May 20, 1887, this applicant and his brothers and mother were “readmitted” to Cherokee citizenship by Cherokee commission, as descendants of Ruth Bean, enrolled on “Old Settler Rolls” of 1851. He was then 3 years old. The Cherokee act of 1894 allowed 6 months for removal to the nation, but excepted minors from this requirement. He was adjudged to be entitled to enrollment by, (1) Commissioner to the Five Civilized Tribes October 31, 1905; (2) the Indian Office recommended that this decision be affirmed, June 14. 1906; (3) the Secretary, December 28, 1906, affirmed the decision of the Dawes Commission. These favorable decisions were based upon the theory that the act of June 28, 1898, requiring removal prior to that date, had no application to minors. Subsequently a rehearing was had, after due notice and hearing, and the department, March 4, 1907, rescinded its decision, concurring in Indian Office and Commissioner to Five Civilized Tribes decisions. This boy’s name is on the Cherokee 1894 roll; also his parents’ names. He was guaranteed the right to enrollment by the tribal law and deprived of that right by the Curtis act of June 28, 1898 (30 Stat., 495). It was the intention of the Curtis Act of June 28, 1898, to preserve rights accorded by the tribal laws, customs, and usages, and not to cause forfeitures. I therefore recommend that these facts be brought to the attention of Congress to the end that remedial legislation may be enacted. The same condition exists in case of Ora M. Bond, nee Camp, who was stricken from the rolls after notice, the Boone case being also closely analagous to this. Number of claimants in this memorandum, 1.
Beddie, John Monroe.
Beddie, Anne (minor).
Beddie, Grover Lee (minor).
Choctaws by blood. Files: Records Indian Office, the Commissioner to Five Civilized Tribes, and Part I. Exhibit F. report March 3, 1909. It is claimed that the father was a one-fourth blood Choctaw and that the failure of himself and children to secure enrollment was due to the fact that he was Imprisoned while the ease was pending.
Number of claimants in this memorandum, 3.
Bell, Granville (In prison).
Tribe unknown. Probably Creek. Files: Letter March 7, 1909, written by claimant at United States penitentiary. Leavenworth, Kans. (See Part IV, Exhibit F. report March 3, 1909) This man, who was in prison at the date of his letter, is evidently ignorant. He claims, however, that he was enrolled with his mother and three brothers, upon the tribal rolls, and that they drew annuities. He also claims that he has 100 acres which he has always held as an allotment: that there are two houses on the place and about 50 acres in cultivation. Also that he has a barn and a well and about 110 acres under fence and a few other improvements. He failed to mention in his letter the tribe of which he claims to be a member. The practice of requiring all claimants to make application for their enrollment rights may have been the cause of his failure to secure enrollment.
Number of claimants in this memorandum, 1.
Berry, James. Age 30 years.
Berry, Susie. Born in 1905.
Post office Eufaula, Okla. Creeks by blood. Files: Letter, January 22, 1910, from Acting Commissioner to the Five Civilized Tribes to Hon. J. George Wright. The name of this claimant was on list mentioned in the above letter from Mr. Ryan, who stated that the persons referred to therein were Indians who are probably entitled to enrollment and who were not enrolled by reason of failure to make application. With his letter he enclosed testimony, taken in the field through an interpreter, relating to each case. These claimants are father and daughter. James Berry alleges that he is a full-blood Indian, claiming to be a one-half blood Chickasaw on his father’s side and one-half blood Creek on the mother’s side. No application was ever made for his enrollment He is a member of the Snake faction, which opposed the division of the tribal property. He now desires to be enrolled as a Creek. Susie is his daughter by Peggy Henry, who was his first wife, and whose name appears opposite No. 8633 on the final approved rolls as that of a full-blood Creek. James Berry states he was an infant when his father died and 15 or 16 years of age at the time of his mother’s death. He claims to have drawn the $100 payment which was made by the Chickasaws in the early nineties. Number of claimants in this memorandum, 2.
Berryman, Sallie Et Al. (Including her grandchildren and children.)
Mississippi Choctaws or Choctaws by blood. Indian Office files, land, 502631906. Department, Indian Territory District, 8681907; also statement of Mrs. Berryman, made November 27. 1908, at office of District Indian agent, McAlester, Okla. This woman claims to be a seven-eighths blood Choctaw. Her children and grandchildren claim Indian blood through her only. The record in her case shows that she has resided continuously in the Choctaw Nation since about 1887. She was an applicant for identification as a Mississippi Choctaw, but as she did not claim to be a full blood it was necessary for her to furnish satisfactory proof of her descent from some Choctaw Indian who lived In 1830 and who was entitled to the benefits of Article XIV of the treaty of September 27, 1830. While there seems to have been no doubt as to her Indian blood, she was unable to furnish the technical proof required with her application for identification as a Mississippi Choctaw. and same was dismissed. It was also impossible to enroll her as a Choctaw by blood, because her name could not be identified upon the rolls prepared by the tribal authorities. Without such enrollment the Dawes Commission was, because of the act of May 31, 1900, without jurisdiction to receive or consider her application for enrollment as a citizen by blood. Number of claimants In this memorandum, 1.
Bevill, Joe T.
Choctaw by intermarriage. Files: The letter of claimant of November 25, 1908. (See Part 4, Exhibit F, report, March 3, 1909.) This claimant states that he was sent to the penitentiary, and that, feeling his disgrace so keenly, he did not return to his former home; but, Instead, to a different part of the Indian Territory; and that when he returned to his home he found the rolls closed. He claims that his citizenship has never been questioned; that the Choctaws always recognize him as a citizen; that he marr