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Location: Muscogee Indian Territory

Rules of Practice in Choctaw, Chickasaw and Cherokee Cases

Discover your family's story. Enter a grandparent's name to get started. Start Now Rules Of Practice Commission To The Five Civilized Tribes Muscogee, Ind. T., March 17, 1903. The following Rules of Practice in Choctaw, Chickasaw, and Cherokee allotment contest cases, approved by the Department January 27, 1903, and March 9, 1903, are hereby promulgated for the information and guidance of all concerned.” The Commission To The Five Civilized Tribes Tams Bixby, Chairman Initiation Of Contests Rule 1. Contests may be initiated by or on behalf of an adverse claimant against any party by or for whom a selection of land has been made in the Choctaw, Chickasaw, or Cherokee nations, for any sufficient cause affecting the right of possession of the land in controversy, by selecting the same land and by filing a complaint with the Commission to the Five Civilized Tribes at the land office in the nation in which the land lies. Rule 2. When the allottee is deceased the contest shall be brought against the heirs of such deceased allottee and the complaint shall state the names of all the heirs. If the heirs, or any of them, are nonresidents of Indian Territory, or unknown, the complaint shall set forth the fact and be corroborated with respect thereto by the affidavit of one or more persons. Rule 3. The complaint must conform to the following...

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Regulations Governing Agents and Attorneys before the Commission

Discover your family's story. Enter a grandparent's name to get started. Start Now Commission To The Five Civilized Tribes Muscogee, Ind. T., March 30, 1901. The following regulations governing the recognition of agents and attorneys before the Commission to the Five Civilized Tribes and land offices established by said Commission, approved by the Secretary of the Interior March 20, 1901, are promulgated for the information and guidance of all concerned. By order of the Commission: Tams Bixby, Acting Chairman Regulations 1. Any attorney at law who desires to represent claimants before the Commission to the Five Civilized Tribes or any land office established by said Commission shall file a certificate of the clerk of the United States, State, or Territorial court, the territorial jurisdiction of which includes such attorney s place of residence, duly authenticated under the seal of the court, that he is an attorney in good standing. 2. Any person (not an attorney at law) who desires to appear as agent for claimants before the Commission to the Five Civilized Tribes or before any land office established by the Commission must file a certificate from a judge of the United States, State, or Territorial court, the territorial jurisdiction of which includes such person s place of residence, duly authenticated under the seal of the court, that such person is of good moral character and in good repute,...

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Decision Rendered Wiley Adams

Discover your family's story. Enter a grandparent's name to get started. Start Now Office Of The Secretary Washington, D. C., May 21, 1903 The Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: I have considered the proceedings of your Commission upon the application of Wiley Adams for enrollment as a citizen of the Choctaw Nation. The facts as found by your Commission are that Adams appeared before the Commission in the year 1899, under the act of June 10, 1890 (29 Stat., 821); that he is a white man, and about 1877 married a Creek, the widow of a Chickasaw citizen, and was by special act of the Choctaw council, approved November 0, 1884, admitted to citizenship of the Choctaw Nation, and has ever since been recognized as a citizen of that nation and permitted to vote at their elections. His application was denied by the Commission and no appeal was taken to the courts. He was borne upon the Choctaw census roll of 1890 as an intermarried citizen. The act of June 10, 1890 (29 Stat, 321, 339), provided: That in determining all such applications said Commission shall respect all laws of the several nations or tribes, not inconsistent with the laws of the United States, and all treaties with either of said nations or tribes, and shall give due force and effect to the rolls,...

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Decision Rendered William C. Thompson

Discover your family's story. Enter a grandparent's name to get started. Start Now Office Of The Secretary Washington, D. C,, April 7, 1905 Commission to the Five Civilized Tribes, Muscogee, Ind. T. GENTLEMEN: April 13, 1004, you transmitted the record in the matter of the Choctaw case of William C. Thompson et al. (M. C. R., 341). Consolidated with said case were the applications of several other applicants, entitled, respectively, “M. C. R., 0258, 6259, 517, 582, 516, 458, 581, 563, 310, 557, 583, and 7124.” All of the applicants above referred to claim the right to be identified as Mississippi Choctaws; also to be enrolled upon the regular roll of Choctaws either by blood or by intermarriage. In your decision of March 5, 1904, you held adversely to all of the applicants above as to their claims for identification as Mississippi Choctaws and for their enrollment as regular Choctaws. Reporting in the matter April 30, 1904, the Acting Commissioner of Indian Affairs recommended that your action in the matter be approved. A copy of his letter is enclosed. Herein will be considered only the rights of the applicants in this case whose application is entitled ” M. C. R., 341.” This embraces the application of William C. Thompson for himself, for his wife, Sarah S. Thompson, for his minor nephew, William R. Thompson, and for his minor grandniece,...

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Decision Rendered Thornton D. Pearce

Discover your family's story. Enter a grandparent's name to get started. Start Now Office Of The Secretary Washington, D. G., May 21, 1904 Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: March 19, 1904, you transmitted the record in the matter of the application of Thornton D. Pearce for the enrollment of himself as a citizen by intermarriage of the Choctaw Nation, including your decision of the same date, holding that the applicant should be enrolled. The evidence shows that the applicant is a white man; that on January 14, 1883, he was married, in accordance with the laws, customs, and usages of the Choctaw Nation, to Parmelia A. Folsom, a recognized and enrolled citizen of the Choctaw Nation, whose name appears upon the 1893 leased district payment roll of the Choctaw Nation, Blue County, page 93, No. 9G8 ; that his Choctaw wife died in the year 1895; that subsequent thereto the applicant married a white woman, having no rights of Choctaw citizenship by blood. It also appears that the applicant has resided continuously in the Choctaw Nation since 1878, up to and including September 25, 1902, and that his name is found, as an intermarried citizen, upon the 1896 Choctaw census roll. You cite as precedents for your decision the action of the United States Chickasaw citizenship court in the case of Thomas Brinnon v....

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Decision Rendered in Richard B. Coleman, et al

Discover your family's story. Enter a grandparent's name to get started. Start Now Office of the Secretary Washington, D. G., March 27, 1905 Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: August 25, 1904, you transmitted the record in the consolidated case embracing the applications of Richard B. Coleman, Ida C. Walker, Bettie W. Cooper, Bennetta Coleman, Henry A. Coleman, Willie N. Coleman, Richard S. Coleman, Winifred Coleman, Eva F. E. Coleman, Ida May Coleman, Ruth St. Clair Coleman, Richard W. Cooper, and Coleman Carlota Walker for enrollment as citizens by blood of the Choctaw Nation, and of Eva Coleman and Annie E. Coleman for enrollment as citizens by intermarriage of said nation. In a decision rendered August 8, 1904, by a majority of your Commission, it was held that the applicants herein claiming enrollment as citizens by blood were entitled to enrollment as such. No action was taken upon the applications based upon intermarriage. A dissenting opinion was rendered on the same date by the chairman of your Commission. Reporting in the matter September 28, 1904, the Acting Commissioner of Indian Affairs recommended that the record be returned to you for further investigation. You will note that in the report of the Acting Commissioner, a copy of which is enclosed herewith, the names of Bennetta Coleman, Henry A. Coleman, Winifred Coleman, and Richard W. Cooper are...

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Decision Rendered Emma McMenamin

Discover your family's story. Enter a grandparent's name to get started. Start Now Office Of The Secretary Washington, D. C., February 3, 1905 Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: In accordance with the opinion of the Assistant Attorney-General of January 28, 1905 (copy enclosed), approved by the Department, the application of Emma McMenamin for enrollment as a citizen by intermarriage of the Choctaw Nation is hereby rejected. The case was submitted with your letter of October 31 and Indian Office letter of November 11, 1904. A copy of the letter of November 11, 1904, is enclosed. Respectfully, Thos Ryan, Acting Secretary. Office Of The Assistant Attorney-General Washington, D. C., January 28, 1905. The Secretary Of The Interior SIR : I received, by reference of December 27, 1904, with request for opinion thereon, the record in the application of Emma McMenamin for enrollment as a citizen, by intermarriage, of the Choctaw Nation. The applicant claims enrollment because of a marriage to Michael McMenamin, a white man, whose enrollment as a citizen by intermarriage was finally approved September 12, 1903. At some time not shown by the record McMenamin, a white citizen of the United States, under forms of Indian law married Harriett Gardner, a citizen of the nation. He was granted a divorce from her April 24, 1871, by the Indian court. May 4, 1870, he...

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Benjamin J. Vaughn Decisions Rendered

Discover your family's story. Enter a grandparent's name to get started. Start Now Office Of The Secretary Washington, D. C., April 1, 1905 Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: On October 27 and 31, 1904, respectively, you transmitted the papers in the matter of the dismissal of the applications of Benjamin J. Vaughan for enrollment as a citizen by intermarriage, and for the enrollment of his children, Edward A., Grover Cleveland, and Oscar S. Vaughan as citizens by blood of the Chickasaw Nation. The principal applicant, Benjamin J. Vaughan, claims enrollment by intermarriage with Emily Burney, a recognized citizen by blood of said nation. The other applicants herein are the children of this marriage. It is claimed on behalf of all the applicants that their names are borne upon the rolls of the Chickasaw Nation. That this is true so far as the names of the children of Benjamin J. Vaughan are concerned is seen from your report of October 11, 1904, relative to certain persons whose names appear upon the tribal rolls of the Choctaw and Chickasaw nations, concerning whom your Commission and the United States courts exercised jurisdiction under the act of Congress approved June 10, 1896 (29 Stat, 321). On September 20, 1904, you dismissed the application of Benjamin J. Vaughan from your records, and on September 23, 1904, you took like...

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