Emily J. Zumwalt, et al, Choctaw
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Commission, No. 1164. United States Court, No. 233. Citizenship Court, No. 106-M.
September 8. 1896. Original application filed by Emily J. Zumwalt for the enrollment of herself, her husband, Nathan B. Zumwalt, her niece. Amanda A. Zumwalt, and her brother, James H. Whitney, as citizens by blood of the Choctaw Nation.
December 7, 1896. The commission admitted Nathan B. Zumwalt as an intermarried Choctaw citizen, and Emily J. Zumwalt, Amanda A. Zumwalt. and James H. Whitney as citizens by blood of the Choctaw Nation. From this decision an appeal was taken to the United States Court for the Central District of Indian Territory at McAlester. In her deposition the principal applicant states that she is the granddaughter of Wade Whitney and Susan Whitney, who lived in Mississippi, and who afterwards came to the Choctaw Nation, Indian Territory, and that Susan Whitney was a full-blood Choctaw Indian; that applicant’s father was William Whitney, a full-blood Choctaw; that her mother came from Mississippi; that she was born near Doaksville, Choctaw Nation, and lived in the Indian Territory nearly all her life; that in 1872 she was married in Sherman, Tex., under a Texas license, to Nathan B. Zumwalt, and about 9 or 10 months thereafter moved to the Choctaw and Chickasaw Nations, where she has since lived continuously.
October 25, 1897. United States court rendered judgment admitting Emily J. Zumwalt, James H. Whitney, and Amanda A. Zumwalt to citizenship in the Choctaw Nation as citizens by blood; and holding that Nathan B. Zumwalt is not a Choctaw citizen, and that his name be excluded from said rolls. Certified copy of the court’s judgment is attached hereto and marked “Exhibit A.1.”
December 17, 1902. Decree of citizenship court vacating judgment of United States court in test case.
March 16, 1903. Petition for appeal before the citizenship court by Emily J. Zumwalt, Amanda A. Anderson, nee Zumwalt. and James H. Whitney. No appeal was taken by Nathan B. Zumwalt. The case was heard on the testimony taken before the commission and the United States court, and no additional testimony taken.
March term, 1904. Opinion by citizenship court denying claimants enrollment.
March 21, 1904. Decree of citizenship court denying claimants enrollment.
Statement by Counsel for Claimants
Counsel for claimants respectfully submit that all of said claimants included in the finding of the commission, and affirmed by the judgment of the United States court, are Choctaw Indians by blood, that there is no evidence to the contrary in the record, and that they are entitled to enrollment as such. They are:
Emily J. Zumwalt, Amanda A. Anderson, nee Zumwalt, James H. Whitney.
Ballinger & Lee.
(Three in all.)
United States Of America,
Indian Territory, Central District, ss:
In the United States court in the Indian Territory, central district, at a term thereof begun and held at South McAlester, in the Indian Territory, on the 25th day of August A. D. 1897. Present, the Hon. William H. H. Clayton, Judge of said court.
The following order was made and entered of record, to wit:
Emily H. Zumwalt et al. v. Choctaw Nation. No. 233.
This cause came on to be heard oil this 25th day of August. 1897, in open court, whereupon both plaintiffs and defendant announced ready for trial, and the court having heard the evidence in the cause and argument of counsel, and the same being submitted to the court for Judgment herein:
The court finds that the plaintiffs, Emily H. Zumwalt, a female 45 years old; James H. Whitney, a male 48 years old; and Amanda A. Zumwalt, a female 12 years old, are all citizens and members of the Choctaw Tribe and Nation of Indians by blood, and as such are entitled to all the rights, privileges, immunities, and benefits of citizens and members by blood of the Choctaw Nation and Tribe of Indians. .
It is therefore ordered, adjudged, and decreed by the court that the plaintiffs, Emily J. Zumwalt. James H. Whitney, and Amanda Zumwalt, and each of them, be admitted to and granted all the rights, privileges, immunities, and benefits of citizens by blood of the Choctaw Nation by blood, and that each of their names be placed upon the rolls of members by blood of the Choctaw Nation by the Commission to the Five Civilized Tribes; that Nathan B. Zumwalt is not a Choctaw citizen, and that his name be excluded from said rolls.
It Is further ordered that the clerk of this court transmit to the Commission to the Five Civilized Tribes a certified copy of the decree and judgment In this cause, and an order that said commission place the names of the above- named plaintiffs upon the rolls as herein commanded.
It is further ordered, adjudged, and decreed that the plaintiffs have and recover of and from the defendant, the Choctaw Nation, all their costs herein laid out and expended, for all of which let execution issue.
The within is a true copy from the record of an order made by said court on the 25th day of August, A. D. 1897.
E. J. Fannin, Clerk.
This Is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes of Indians and the disposition of the land of said tribes, and that the above and foregoing is a true and correct copy of a certified copy of the judgment of the court on the 25th day of August, 1897, In the matter of the enrollment of Emily H. Zumwalt et al. as members of the Choctaw Nation.
J. Geo. Weight, Commissioner to the Fire Civilized Tribes,
By W. H. Angell, Clerk in Charge of Choctaw Records.
Notes About the Book:
Source: Five Civilized Tribes In Oklahoma, Reports of the Department of the Interior and Evidentiary Papers in support of S. 7625, a Bill for the Relief of Certain Members of the Five Civilized Tribes in Oklahoma, Sixty-second Congress, Third Session, Published 1913, by the Department of the Interior, United States.
Online Publication: The manuscript was scanned and then ocr’d. Minimal editing has been done, and readers can and should expect some errors in the textual output. Several spellings have been used for the same tribe of Indians.
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