Sallie Berryman Et Al., Choctaw.
Commission No. R-131.
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This case was investigated in 1908 by J. W. Howell, an attorney in the office of the Assistant Attorney General for the Department of the Interior, who recommended the enrollment of claimants in his report of that year.
On October 18, 1910, Sallie Berryman personally appeared before W. C. Pollock and George Reed, representing the Secretary and Commissioner of Indian Affairs, respectively, and was examined by them.
August 1899. Appeared before Commissioner McKennon at Atoka, and testified mat she was not on the rolls of the Choctaw Nation; that she twice applied to the Choctaw Council, but that they demanded $100 before they would hear her case; that she did not have the money, and was not enrolled; that she did not apply to the commission in 1896; that her mother was a full-blood Choctaw and her father was three-quarter Choctaw; that she left Mississippi when about 7 or 8 years of age and went to Arkansas, and had at times lived in Texas and Louisiana, and came to the Choctaw Nation, Indian Territory, in October, 1888.
Was examined by Shackleford, attorney for Choctaw Nation, and Lewis, commissioner for Choctaw Nation, as to whether she had negro blood; she stated she had no negro blood. At the close of the hearing Commissioner McKennon stated:
Your enrollment will be refused; we have no authority to put you on the roll.
On page 206 of the Record of the Committee on Citizenship of the Choctaw Nation appears the following:
Case No. 16. Sallie Berryman, claiming citizenship. Filed in this office for further consideration this November 11, 1897, at the regular term of the General Council.
Robert Benton, Chairman of the Committee on Citizenship.
June 9, 1900. Appeared before Commissioner Bixby at Atoka, and testified that her father’s name was Neal Campbell, a three- quarter-blood Choctaw; that her mother, Lucy Anderson, was a full blood; that she claimed as a Mississippi Choctaw under the treaty of 1830, but did not know under which article, but that her parents received land in Mississippi under the treaty, and that she was born in Mississippi on the land received by her parents from the Government. At the conclusion of this hearing Commissioner Bixby stated:
In the event the commission denies the application of yourself or any of the members of your family to admission as citizens of the Choctaw Nation, you will be so advised in writing.
January 22, 1901. Decision of the commission refusing enrollment as citizens by blood, on the ground that “the names of the applicant and her above-named children and grandchildren have never been on the tribal rolls of the Choctaw Nation, and it does not appear that applicant and her said children and grandchildren have been admitted to citizenship by the tribal authorities of said nation.” and on the further ground that they had not been admitted by the commission in 1890, or the United States court.
Affidavits filed, showing applicants descended from Calvin Campbell and Alabacha, a full-blood Choctaw and from Samuel Anderson, a full blood.
February 12, 1003. Decision refusing applicants enrollment as Mississippi Choctaws. It is therein stated that the name of Calvin Campbell appears on page 111, volume 7, American State Papers, and that the name of Samuel Anderson appears on pages 40 and 127 of said record, said citations being to claims under the treaty of 1830; that the name of Alabacha appears on page 18, volume 1, claimant’s brief and evidence in case of Choctaw Nation v. United States, No. 12742, as a woman and the mother of two children under 10 years of age. The commission then holds that-
It does not appear from the testimony submitted by the applicants that the persons through whom they claim, who bear similar names to the ones mentioned In the citations from this record, are identical with the persons mentioned therein;
and also that the evidence did not show that the persons through whom applicants claimed ever signified to the Indian agent their intention to comply with article 14 of the treaty, and that therefore the evidence was insufficient to identify the applicants as Mississippi Choctaws.
January 12, 1907. Decision of Commissioner of Indian Affairs holds “that applicants have failed to establish satisfactorily their descent from a beneficiary under the fourteenth article of the Choctaw treaty of 1830.”
February 13, 1907. Secretary of the Interior confirms the decision of the Commission to the Five Civilized Tribes.
The record does not disclose the appearance of Mansfield, McMurray & Cornish in this case, nor does the record disclose any testimony taken in behalf of the nations.
It does not appear from the record that the decision of the commissioner of January 22, 1901, refusing enrollment as citizens by blood was transmitted to the department, and the action of the Secretary was solely upon the record of the claimants as Mississippi Choctaws.
Affidavit of Sallie Berryman hereto attached.
The following claimants are entitled to enrollment: Sallie Berryman, Margie Berryman (daughter), Maud Berryman (daughter), Joe Berryman (son), Corrine Berryman (daughter), John Berryman (grandson, son of Albert B., dead), Francis Berryman (son), Robert Berryman (son), Eldridge Berryman (grandson, son of Robert), Elmina Berryman (granddaughter, daughter of Robert), Monroe Berryman (grandson, son of Robert), Australia Rogers (nee Berryman), Essie Rogers, Oceola Rogers, Ollie Rogers, and Ethel Rogers, all by blood.
Ballinger & Lee
State Of Oklahoma,
Muskogee County, ss:
Personally appeared before me, the undersigned authority, Sallie Berryman, to me well known, who upon her oath states:
That she was born about the year 1844 in the old Choctaw Nation, Miss.; that her parents died, she was informed, when she was about 7 years of age, and that she was taken by a family of white people by the name of Sours to Arkansas and thence to Texas, where she remained until she was married to Milton Berryman in 1863; that In 1888 she and her husband and their children removed to and settled in the Choctaw Nation, where they have since continuously resided; that they have held land the same as other recognized and enrolled Choctaws; that she is seven-eighths Choctaw blood, her mother, Lucy Campbell, nee Anderson, being a full-blood Choctaw, and her father, Neil Campbell, being three-quarters blood.
Affiant further states that as a result of her marriage to Milton Berryman there was born to them the following children, who are now and have been continuously since 1888, or since their birth, residents of the Choctaw Nation: Robert Berryman, Francis Berryman, Australia Rogers (nee Berryman), Margie Berryman, Maud Berryman, Joe Berryman and Corrine Berryman, that Australia Rogers (nee Berryman), her daughter, lawfully intermarried with Alf Rogers, and as a result of said union they have the following children: Essie Rogers, Oceola Rogers, Ollie Rogers, and Ethel Rogers; that Albert Berryman, her son, was lawfully intermarried with Dulcie Erbie, by whom he had one son, John Berryman; that Robert Berryman lawfully intermarried with Rosie Erbie, and as a result of said union they have the following children: Eldridge, Monroe, and Elmina Berryman. Affiant further states that all of the above children were born prior to February 15, 1905.
Sallie [her X mark] Berryman.
Subscribed and sworn to before me this 18th day of October 1910.
[seal.] Etna A. Murphy, Notary Public.
Commission expires December 12, 1911.
Witnesses to mark:
Etna A. Murphy,
W. E. Rowsey.