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Sarah Palmer Et Al., Chickasaws.
Dawes Commission, No. 147. United States court. No. 75-A. Citizenship court, No. 39-T.
September 10. 1896. Original application filed for the enrollment of Sarah Palmer and 29 others, all claiming to be members of the Chickasaw Nation by reason of (1) Chickasaw Indian blood and descent. (2) continuous and uninterrupted residence in the nation, (3) tribal affiliation and recognition. In their petition they allege lineal descent from John and Mary Moseby, native Chickasaw Indians in the old Chickasaw Nation in Mississippi: that Mary and John Moseby were born and continued to reside in said Chickasaw Nation, Miss., until about 1837, when John died and Mary and her children removed to the Indian Territory and settled near Fort Smith in the Choctaw Nation, and that they and their descendants, herein claimants, have either continuously resided in the nation since said date or were born in the nations and have continued to so reside. Sarah Palmer, leading claimant herein, is a daughter of Mary and John Moseby. Claimants and others testify that they or their ancestors came to the Choctaw Nation with what was known as the “William Wolfgang” of Chickasaws. Sarah Palmer stated upon oath that she had always been told by her parents and by those who knew her that she was a Chickasaw. John Squire Wolf testified that he knew Mrs. Moseby and her family: that they came to the Choctaw Nation when he did: that they drew “rations and cattle and supplies with the Chickasaws.” and that they were, to the best of his knowledge and belief. Chickasaws.
David Colbert testified that Sarah Palmer was a daughter of Mrs. Moseby, who came to the Choctaw country with the “James Wolfsquad”; that “they drew rations and supplies with the Chickasaw; also drew cattle with the Chickasaws at Fort Coffee”; he states upon his best information and belief that they were Chickasaws: that they had always been recognized as such by the Choctaws and Chickasaws.
Sophia Trentham, a niece of Sarah Palmer and granddaughter of Mary Moseby, testified that she had always been taught by her parents that she was part Chickasaw, deriving her blood from her grandmother, Mary Moseby; that the family tradition and history was correctly stated in the application.
A number of affidavits accompany the petition, to the same effect.
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November 23, 1896. The commission rendered its decision in words and figures as follows: “Denied.”
Case appealed to United States court, southern district, sitting at Ardmore: Dawes Commission record transmitted to court, testimony taken before John Hinkle, master in chancery. Witnesses examined on behalf of claimants by counsel for nations. No testimony offered by nations.
November 15, 1898. A judgment was entered admitting the following persons to citizenship in the Chickasaw Nation: Sarah Palmer, Sophia Trentham, Adolphus Trentham, Joseph Trentham (name on final roll), Ella Worsham, Jeff Worsham, Sophia Worsham, Ella Worsham, Julia Worsham, Jessie Worsham, Audrey Worsham, Josie Worsham, John Worsham, Harry Worsham, Sadie Palmer, Earl Palmer, Delia Palmer, Alice Palmer, Charles Palmer, Preston Lloyd, Charles Lloyd, Nettie Thompson, Alice Thompson, May Thompson, Herbert Thompson, Bertha Thompson, Frederick Perry, Bessie Worsham, and Thomas Worsham. Certified copy hereto attached, marked “Exhibit A.”
Appeal taken by nation to United States Supreme Court, which court affirmed the judgment of the United States district court. (See Stephens v. Cherokee Nation, 174 U. S.)
December 17, 1902. Above decree set aside by decree of citizenship court in “test case,”
March 9, 1903. Case certified to citizenship court for trial do novo.
Record before United States court and commission transmitted. Additional evidence offered by claimants. Many witnesses examined and cross-examined by counsel for nation. No evidence offered by nation.
October term, 1904. Opinion by Foote, associate judge, holding that the claimants had failed to submit evidence entitling them to enrollment.
November 28, 1004. Decree entered denying all claimants admission to citizenship in the Chickasaw Nation, except Joseph Trentham, who was admitted as an intermarried citizen, he having previously married a Chickasaw woman whose rights were admitted by the tribal authorities.
Subsequently application was made to the commission for the enrollment of Nemah Henson and Ruby Henson, children of Sadie Henson (nee Palmer) whose claim was subsequently adversely acted upon by the citizenship court. The applications for the enrollment of these children was stamped “enrolled.”
May 29, 1902. Applications were made to the commission within the time prescribed by law for the enrollment of Archie C. and Mary Edith Perry, children of Frederick Perry; and subsequently applications were made within the time prescribed by law for the enrollment of Ethel and Stella Thompson, children of Nettie Thompson.
Applications were also submitted to the commission within the time prescribed by law for the enrollment of Rosie McNutt, child of Sophia McNutt (nee Palmer), Raymond Worsham, child of Julia Worsham, and Edith Thompson, child of Nettie Thompson.
Decisions were rendered by the commission during the years 1905 and 1906 denying the applications for the enrollment of the above children, because their parents had been denied enrollment by the citizenship court.
(Copy of the decisions of the commission denying the Henson children is hereto attached, marked ” Exhibit B.”)
The decisions of the commission in the cases of these children were approved by the Secretary of the Interior.
Statement By Counsel For Claimants
There is nothing in the record of this case that disproves or tends to disprove any of the allegations of the claimants with reference to their Chickasaw Indian blood, descent, residence in the nations, their holding of property as Chickasaw Indians, and their long-continued residence. On these points the record is clear, notwithstanding the decision of the citizenship court to the contrary. Counsel for claimants therefore respectively submit that those persons admitted by the United States court, which judgment admitting them was affirmed by the Supreme Court of the United States, together with their children, for whose enrollment applications were duly made within the time prescribed by law to the commission, are legally and equitably entitled to enrollment. They are:
Those admitted by judgment of the United States court: Sarah Palmer (died Apr. 7, 1909), Sophia Trentham, Adolphus Trentham, Ella Worsham (now Burkelo), Jeff Worsham, Sophia Worsham (now McNutt), Julia Worsham, Jessie Worsham (died Apr. 12, 1899), Audry Worsham, Josie Worsham, John Worsham, Harry Worsham, Bessie Worsham, Thomas Worsham, Sadie Palmer (now Henson, died Apr. 30, 1907), Earl Palmer, Delia Palmer (now Melton), Alice Palmer (now Dean), Preston Lloyd, Charles Lloyd, Nettie Thompson, Alice Thompson (now Reily), May Thompson (died Oct. 16. 1906), Herbert Thompson, Bertha Thompson, Frederick Perry.
Note.-No claim is made for the enrollment of Charles Palmer, admitted by judgment of the United States court, but who died before September 25, 1902, the date fixed in the supplemental agreement for the enrollment of all persons then living and entitled to enrollment.
Children of above claimants, for whose enrollment application was made to the commission within the time prescribed by law: Nemah Henson, Ruby Henson, Archie Calvin Perry (died Oct. 30, 1902), Mary Edith Perry, Rosie McNutt, Raymond Worsham, Edith Thompson, Ethel Thompson, Stella Thompson.
Ballinger & Lee
United States Of America, Indian Territory, Southern District, ss:
In the United States Court, in the Indian Territory, southern district, at a term thereof begun and held at, Ardmore, in the Indian Territory, on the 15th day of November A. D. 1897, and on the fifty-third day of said term, to wit, the 5th day of February, 1898. Present and presiding, the Hon. Hosen Townsend, judge of said court.
The following order was made arid entered on record, to wit:
Sarah Palmer et al. v. Chickasaw Nation. No. 75
On this day this cause came on to be heard, and the court, after hearing the evidence and being fully advised in the premises, is of the opinion that the following applicants are entitled to citizenship in the Chickasaw Nation and that they have complied with the law in reference to prosecuting their claim before the Dawes Commission and before this court: Sarah Palmer, Sophia Trentham, Adolphus Trentham, Joseph Trentham, Ella Worsham, Jeff Worsham, Sophia Worsham, Ella Worsham, Julia Worsham, Audry Worsham, Bessie Worsham and Thos. Worsham, Julia Worsham, Jessie Worsham, Josie Worsham, John Worsham and Harry Worsham, Sadie Palmer, Earl Palmer, Delia Palmer, Alice Palmer, Chas. Palmer, Preston Lloyd, Chas. Lloyd, Nettle Thompson, Alice Thompson, May Thompson, Herbert Thompson, and Bertha Thompson, Frederick Perry.
It is therefore ordered and adjudged that said applicants be and they are hereby, admitted to citizenship In the Chickasaw Nation;
And it is further adjudged and decreed that said application as to Sam Worsham and Adolphus Worsham be denied, and they are hereby adjudged not to be citizens of the Chickasaw Nation.
The above is a true copy from the record of an order made by said court on the 5th day of February. A. D. 1898. Witness my hand and official seal at Ardmore, Ind. T., this 12th day of March 1903.
[seal.] C. M. Campbell. Clerk.
N. H. McCoy, Deputy.
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 n certified copy of order of court made on the 5th day of February. 1898, in the matter of the enrollment of Sarah Palmer et al. as citizens of the Chickasaw Nation.
J. Geo. Wright, Commissioner to the Five Civilized Tribes.
By W. H. Angell, Clerk in Charge of Chickasaw Records
Muskogee, Okla., November 2, 1910
Department Of The Interior,
Commission To the Five Civilized Trims.
In the matter of the application for the enrollment of Naamah Henson and
Ruby Henson as citizens by blood of the Chickasaw Nation.
The applicants, Naamah Henson and Ruby Henson, claim the right to enrollment as citizens by blood of the Chickasaw Nation through their mother. Sadie Henson (nee Palmer).
The right of the applicants’ mother, Sadie Henson (as Sadie Palmer) to citizenship in the Chickasaw Nation having been adversely determined by a decree of the Choctaw and Chickasaw citizenship court of November 28, 1904, In case No. 39 upon the Tishomingo docket of said court, it Is hereby ordered that the application for the enrollment of Naamah Henson and Ruby Henson as citizens by blood of the Chickasaw Nation be dismissed.
Commission To The Five Civilized Tribes,
Tams Bixby, Chairman
Muskogee, Indi T., February 1, 1905
October 28, 1910. State Of Oklahoma, County of Carter, ss:
Before me, the undersigned authority, personally appeared John Tidmore M. D., who makes the following affidavit, to wit: That he is a practicing physician and that girl child was born to W. A. and Sopha McNutt on the 3d day of November 1905, near Hewitt, Okla., and the said child was named Rossie McNutt, and is now living.
John Tidmore, M. D.
Sworn to and subscribed to before me this the 28th day of October. A. D. 1910.
[seal.] W. A. Darling, Notary Public. Carter County, Okla.
My commission expires February 19. 1914.
Book No. -. No. 15.
Office or Collector of Permits,
Pickens County, Chickasaw Nation.
This is to certify that Luis Thomas has complied with the late permit law and is registered accordingly as being G. A. Worsham, farmer, for months from January 1, 1803.
P. W. Cartes, Permit Collector, Pickens County, C. N.
As a Farmer.
(Indorsed:) Jonas Wolfe, Governor, C. N.