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Tobias Brock Dawes Application

Posted By Dennis On In Mississippi,Native American | No Comments

The next in order of the above applications is that of Tobias Brock, and the record therein shows that on April 18, 1901, the said Tobias Brock appeared before the Commission at Meridian, Mississippi and there made personal application for the identification of himself as a Mississippi Choctaw, claiming to be a descendant of Choctaw Indians who resided in the state of Mississippi in 1830, and took advantage of the provisions of article fourteen of the treaty made between the United States Government and the Choctaw tribe of Indians, concluded September 27, 1830 and known as the treaty of “Dancing Rabbit Creek.”  He claims descent from Willoughby Trotter, an alleged Choctaw Indian, ( decree of blood not given)  who married Becky Brock (nationality no given) and who are the parents of this applicant.

The record in this case further shows that the applicant Tobias Brock, has never been enrolled by the tribal authorities of the Choctaw Nation as a citizen of that tribe, nor is his name found upon any of the tribal rolls of the Choctaw Nation in the possession of the Commission, nor has he ever been admitted to Choctaw citizenship by a duly constituted court or committee of the Choctaw Nation, or by the Commission to the Five Civilized Tribes, or by a decree of the United States Court in Indian Territory, under the provisions of the act of Congress of June 10, 1896 (29 Stats. 321)

The only evidence offered in this application is the unsupported oral statement of the principal applicant, wherein he attempts to show that he was born in the state of Alabama in the year 1833, and has resided in that state and the state of Mississippi all his life and is an one quarter blood Choctaw.  He does not attempt to trace his alleged Choctaw descent any farther back than to his father, and there is nothing in his statement which tends to show that any of his alleged Choctaw ancestors were ever recognized by the Choctaw tribal authorities as members of the Choctaw tribe of Indians in Mississippi or that they ever complied or attempted to comply with the provisions of article fourteen of the treaty of 1830.

The next in order of the above applications is that of Julia Turner, and the record therein shows that on April 25, 1901, the said Julia Turner appeared before the Commission at Meridian, Mississippi and there made personal application for the identification of herself as a Mississippi Choctaw, claiming to be a descendant of Choctaw Indians who resided in the state of Mississippi in 1830, and took advantage of the provisions of article fourteen of the treaty made between the United States government and the Choctaw tribe of Indians, concluded September 27, 1830, and know as the treaty of “Dancing Rabbit Creek”.  She claims descent from Margaret Ferrill, an alleged half blood Choctaw, who married Washington Ferrill, a mixed Negro and white man and who are the parents of this applicant.

The record in this case further shows that the applicant Julia Turner, has never been enrolled by the tribal authorities of the Choctaw Nation as a citizen of that tribe, nor is her name found upon any of the tribal rolls of the Choctaw Nation in the possession of the Commission, nor has she ever been admitted to Choctaw citizenship by a duly constituted court or committee of the Choctaw Nation, or by the Commission to the Five Civilized Tribes, or by a decree of the United States Court in Indian Territory under the provisions of the act of Congress of June 10, 1896. (29 Stats. 321)

The evidence offered in support of this application aside from the oral statement of the applicant, embraces the joint ex parte affidavit of H. B. Priester and Lewis C. Smith.  By the oral statement of the applicant it is attempted to be shown that she was born is the state of Mississippi in about the year 1862, and has resided there all her life and is an one quarter blood Choctaw.  She attempts to trace her alleged Choctaw descent through her mother to her grandfather, who, she alleges, was a full blood Choctaw names John.  There is nothing in her statement which tends to show that any of her alleged Choctaw ancestors were ever recognized the tribal authorities of the Choctaw Nation as members of the Choctaw tribe of Indians in Mississippi, or that they ever complied or attempted to comply with the provisions of article fourteen of the treaty of 1830. By the ex parte affidavit filed herewith it is attempted to be shown that affiants are acquainted with the applicant, who, they allege, was the daughter of Margaret Ferrill, who was the daughter of a full blood Choctaw Indian named John, by his marriage to Julia Thompson a Negro woman.  Affiants further allege that the applicant herein is possessed of one quarter Indian blood, but there is nothing in said affidavit which tends to show that the alleged Choctaw ancestors of the applicant were recognized by the Choctaw tribal authorities as members of the Choctaw tribe of Indians in Mississippi, or that they complied or attempted to comply with the provisions of article fourteen of the treaty of 1830, in fact it is conclusively set forth in said affidavit that none of the Choctaw ancestors of the applicant were ever beneficiaries under any of the provisions of the treaty of “Dancing Rabbit Creek.”

The last in order of the above applications is that of Charlie Allen, and the record therein shows that on April 30, 1901, the said Charlie Allen appeared before the Commission at Meridian, Mississippi, and there made personal application for the identification of himself as a Mississippi Choctaw, claiming to be a descendant of Choctaw Indians, who resided in the state of Mississippi in 1830 and took advantage of the provisions of article fourteen of the treaty made between the United States government and the Choctaw tribe of Indians, concluded September 27, 1830, and known as the treaty of “Dancing Rabbit Creek.”  He claims descent from Candis Allen, an alleged one half blood Choctaw woman, who married Alex Allen, a Negro, and who are the parents of this applicant.

The record in this case further shows that the applicant Charlie Allen, has never been enrolled by the tribal authorities of the Choctaw Nation as a Citizen of that tribe, nor is his name found upon any of the tribal rolls of the Choctaw Nation in the possession of the Commission, nor has he ever been admitted to Choctaw citizenship by a duly constituted court or committee of the Choctaw Nation, or by the Commission to the Five Civilized Tribes, or by a decree of the United States Court in Indian Territory under the provisions of the act of Congress of June 10, 1896 (29 Stats 321,)

The only evidence offered in this application is the unsupported oral statement of the applicant wherein he attempts to show that he was born in the state of Mississippi in about the year 1878, and that he has resided there all his life and is an one quarter blood Choctaw.  He attempts to trace his alleged Choctaw descent through his mother to his grandfather, who, he alleges, was named John and was a full blood Choctaw Indian.  There is nothing in his statement which tends to show that any of his alleged Choctaw ancestors were ever recognized by the Choctaw tribal authorities as member of the Choctaw tribe of Indians in Mississippi, or that they ever complied or attempted to comply with the provisions of article fourteen of the treaty of 1830.

Under Departmental instructions of June 10, 1901, and July 25, 1901, the Commission to the Five Civilized Tribes consolidated the within applications under the head of Julia Thompson, et al and while the applicants do not all claim their alleged Choctaw descent from the same common ancestor, yet, from the testimony taken together as a whole, it would appear that they all derive their alleged Choctaw blood from the same source.

 


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