Topic: Dawes Commission

Agreement Between the Dawes Commission and the Seminole Tribe

October 7, 1899 31 Stat. L., 250 This agreement by and between the Government of the United States, of the first part, entered into in its behalf by the Commission to the Five Civilized Tribes, Henry L. Dawes, Tarns Bixby, Archibald S. McKennon, and Thomas B. Needles, duly appointed and authorized thereunto, and the Seminole tribe of Indians in Indian Territory, of the second part, entered into in behalf of said tribe by John F. Brown and K. N. Kinkehee, commissioners duly appointed and authorized thereunto, Witnesseth: First. That the Commission to the Five Civilized Tribes, in making the rolls of Seminole citizens, pursuant to the act of Congress approved June twenty-eighth, eighteen hundred and ninety-eight, shall place on said rolls the names of all children born to Seminole citizens up to and including the thirty-first day of December, eighteen hundred and ninety-nine, and the names of all Seminole citizens then living; and the rolls so made, when approved by the Secretary of the Interior, as provided in said act of Congress, shall constitute the final rolls of Seminole citizens upon which the allotment of lands and distribution of money and other property belonging to the Seminole Indians shall be made, and to no other persons. Second. If any member of the Seminole tribe of Indians shall die after the thirty-first day of December, eighteen hundred and ninety-nine, the...

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Seminole Agreement, December 16, 1897

An Act To ratify the agreement between the Dawes Commission and the Seminole Nation of Indians. Whereas an agreement was made by Henry L. Dawes, Tarns Bixby, Frank C. Armstrong, Archibald S. McKennon, Thomas B. Needles, the Commission of the United States to the Five Civilized Tribes, and Allison L. Aylesworth, secretary, John F. Brown, Okchan Harjo, William Cully, K. N. Kinkehee, Thomas West, Thomas Factor, Seminole Commission, A. J. Brown, secretary, on the part of the Seminole Nation of Indians, on December sixteenth, eighteen hundred and ninety-seven, as follows: Agreement between the United States Commissioners to negotiate with the Five Civilized Tribes and the commissioners on the part of the Seminole Nation. This agreement by and between the Government of the United States of the first part, entered into in its behalf by the Commission to the Five Civilized Tribes, Henry L. Dawes, Tarns Bixby, Frank C. Armstrong, Archibald S. McKennon, and Thomas B. Needles, duly appointed and authorized thereunto, and the government of the Seminole Nation in Indian Territory, of the second part, entered into on behalf of said government by its commission, duly appointed and authorized thereunto, viz, John F. Brown, Okchan Harjo, William Cully, K. N. Kinkehee, Thomas West, and Thomas Factor. Witnesseth, That in consideration of the mutual undertakings herein contained, it is agreed as follows: All lands belonging to the Seminole tribe of...

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Regulations Governing Agents and Attorneys before the Commission

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, possessed of the necessary qualifications to enable him to render claim ants valuable...

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Dawes Commissioners Salary Act of March 3, 1901

31 Stat. L. 1073 For salaries of four commissioners, appointed under acts of Congress approved March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, twenty thousand dollars : Provided, That the number of said commissioners is hereby fixed at four. For expenses of commissioners and necessary expenses of employees, and three dollars per diem for expenses of a clerk detailed as special disbursing agent by Interior Department, while on duty with the Commission, shall be paid there from; for clerical help, including secretary of the Commission and interpreters, three hundred thousand dollars ; for contingent expenses of the Commission, four thousand dollars; in all, three hundred and twenty-four thousand dollars : Provided further, That this appropriation may be used by said Commission in the prosecution of all work to be done by or under its direction as required by law ; and said commissioners shall at once make an itemized statement to the Secretary of the Interior of all their expenditures up to January first, nineteen hundred and one, and annually there after: And provided further, That not to exceed ten thousand four hundred dollars of the above amount may be used in the temporary employment in the office of the Commissioner of Indian Affairs of three clerks, at the rate of one thousand...

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Decision Digest – P – W

Parties 1. At interest in contests. The only parties at interest in contest matters are the contestant and contestee, and they are the only persons considered when determining the questions at issue in contests. (Choctaw No. 565, Moore v. McKinney.) Possession 1. When necessary. The ownership of improvements on the north and east sides of a tract of land, such improvements being erected especially with reference to lands lying north and east of that in controversy, gives no right to the owner thereof unless he exercises acts of possession over the land in controversy. (Choctaw No. 305, Lewis v. Durant.) 2. Coupled with equity in the land. Where the evidence shows that the contestant was in possession of the land when contestee filed, and that his equities were greater than those of contestee, he should be awarded the land. (Chickasaw No. 86, Wright v. Ilomma.) 3. On behalf of new-born. Where the minor contestant s father was in possession of land up to January 1, 1905, under a lease from the Creek Nation, and during that lease erected a fence on the land, and after its expiration remained in possession, putting in cultivation three or four acres in one part thereof and using the remainder for a pasture, his possession was lawful, and sufficient to segregate the land on behalf of minor contestant. (Creek No. 832, Porter v. Haikey.)...

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Decision Digest – J – O

Judicial Notice 1. Of Department records. (See RECORDS, par. 4.) Judgment 1. Of United States court, effect of. Although judgments of the United States court in Indian Territory are not binding upon the Commission, the fact that a judgment was rendered in such a court by agreement of the parties is confirmatory evidence of the facts upon which the judgment was predicated. (Cherokee No. 26, Barlow v. Brown.) 2. Same. Judgment of United States court not binding on contestant where contestant was not made a party to the suit in said court. (Creek No. 131, Beams v. Taylor.) 3. When void; want of proper service. Irregularity of service may be “of such a nature as to justify the court in setting aside the judgment, if it appears that on account of the irregularity the rights of the contestee have been prejudiced. But jurisdiction having been acquired, the judgment is not void, and will stand unless taken advantage of by the proper parties. (Chickasaw No. 169, Ingram v. Wiltsey.) 4. As evidence. While the Commission is not bound by any action of the court, never the less judgments in other courts between the same parties are evidence that should be considered by the Commission. (Cherokee No. 597, Whitmire v. Payne.) Valid, does not necessarily support execution sale. (See EXECUTION SALE, par. 1.) Motion to vacate. (See APPEAL, pars. 20, 21.)...

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Creek Agreement, March 8, 1900

An Act To ratify and confirm an agreement with the Muscogee or Creek tribe of Indians, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the agreement negotiated between the Commission to the Five Civilized Tribes and the Muskogee or Creek tribe of Indians at the city of Washington on the eighth day of March, nineteen hundred, as herein amended, is hereby accepted, ratified, and confirmed, and the same shall be of full force and effect when ratified by the Creek national council. The principal chief, as soon as practicable after the ratification of this agreement by Congress, shall call an extra session of the Creek national council and lay before it this agreement and the act of Congress ratifying it, and if the agreement be ratified by said council, as provided in the constitution of said nation, he shall transmit to the President of the United States the act of council ratifying the agreement, and the President of the United States shall thereupon issue his proclamation declaring the same duly ratified, and that all the provisions of this agreement have become law according to the terms thereof: Provided, That such ratification by the Creek national council shall be made within ninety clays from” the approval of this act by the President of the...

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Choctaw and Chickasaw Enrollment Cases

Regulations of Commissioner of January 2, 1906, Relative to Petitions for Rehearing Under the Loula West, Mary Elizabeth Martin, and Joe and Dillard Perry Enrollment Cases. Numerous inquiries have been made of this office as to the procedure to be followed by the Commissioner to the Five Civilized Tribes relative to the right to enrollment of persons as citizens of the Choctaw or Chickasaw Nation under the opinions of the Assistant Attorney-General for the Department of the Interior rendered November 11, 1905, in the matter of the application for the transfer of the names of Joe and Dillard Perry from the roll of Chickasaw freedmen to the roll of citizens by blood of the Chickasaw Nation; December 8, 1905, in the Choctaw enrollment case of Loula West et al., and December 8, 1905, in the Choctaw enrollment case of Mary Elizabeth Martin. The attorneys for the Choctaw and Chickasaw nations have insisted that no hearings be had or procedure of any character be taken by the Commissioner under the opinions above referred to without proper notice to them of the institution of such proceedings and an opportunity to be present to cross-examine applicants and witnesses in the event that a hearing is had in such cases before the Commissioner to the Five Civilized Tribes. For the convenience of this office, the Department, and applicants who may claim to be...

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Choctaw and Chickasaw Agreement, July 1, 1902

AN ACT To ratify and confirm an agreement with the Choctaw and Chickasaw tribes of Indians, and for other purposes.” Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following agreement, made by the Commission to the Five Civilized Tribes with the commissions representing the Choctaw and Chickasaw tribes of Indians on the twenty-first day of March, nineteen hundred and two, be, and the same is hereby, ratified and confirmed, to wit: Agreement Between the United States and the Choctaws and Chickasaws This agreement, by and between the United States, entered into in its behalf by Henry L. Dawes, Tarns Bixby, Thomas B. Needles, and Clifton R. Breckinridge, commissioners duly appointed and authorized thereunto, and the Choctaw and Chickasaw tribes of Indians in Indian Territory, respectively, entered into in behalf of such Choctaw and Chickasaw tribes by Gilbert W. Dukes, Green McCurtain, Thomas E. Sanguin, and Simon E. Lewis in behalf of the Choctaw tribe of Indians; and Douglas II. Johnston, Calvin J. Grant, Holmes Willis, Edward B. Johnson, and Benjamin H. Colbert in behalf of the Chickasaw tribe of Indians, commissioners duly appointed and authorized thereunto Witnesseth that, in consideration of the mutual undertakings herein contained, it is agreed as follows: Definitions 1. Wherever used in this agreement the words “nations” and “tribes” shall each be...

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Appropriation Act of March 3, 1903

32 Stat. L., 982 For salaries of four commissioners appointed under acts of Congress approved March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, twenty thousand dollars : Provided, That said Commission shall exercise all the powers heretofore conferred upon it by Congress. Expenses of commissioners and necessary expenses of employees, and three dollars per diem for expenses of a clerk detailed as special disbursing agent by the Interior Department while on duty with the Commission, shall be paid therefrom; for clerical help, including secretary of the Commission and interpreters (act of March third, nineteen hundred and one, volume thirty-one, page one thousand and seventy-four, section one), two hundred thousand eight hundred and fifteen dollars; contingent expenses of the. Commission (same act), two thousand dollars: Provided further, That this appropriation may be used by said Commission in the prosecution of all work to be done by or under its direction as required by law; in all, two hundred and twenty-two thousand eight hundred and fifteen dollars: And provided further. That not to exceed ten thousand eight hundred dollars of the above amount may be used in the temporary employment in the office of the Commissioner of Indian affairs of four clerks, at the rate of one thousand six hundred dollars per annum; one clerk,...

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Appropriation Act of May 27, 1902

32 Stat. L. 245 For salaries of four commissioners appointed under acts of Congress, approved March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, twenty thousand dollars: Provided, That said Commission shall exercise all the powers heretofore conferred upon it by Congress: Provided further, That all children born to duly enrolled and recognized citizens of the Creek Nation up to and including the twenty-fifth day of May, nineteen hundred and one, and then living, shall be added to the rolls of citizenship of said nation made under the provisions of an act entitled “An act to ratify and confirm an agreement with the Muscogee or Creek tribe of Indians, and for other purposes,” approved March first, nineteen hundred and one, and if any such child has died since the twenty-fifth day of May, nineteen hundred and one, or may hereafter die, before receiving his allotment of land and distributive share of the funds of the tribe, the lands and moneys to which he would be entitled if living shall descend to his heirs and be allotted and distributed to them accordingly: And provided further, That the act entitled “An act to ratify and confirm an agreement with the Muscogee or Creek tribe of Indians, and for other purposes,” approved March first, nineteen hundred and...

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Act of May 31, 1900

31 Stat. L. 221 For salaries of four commissioners, appointed under acts of Congress approved March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, twenty thousand dollars: Provided, That the number of said commissioners is hereby fixed at four. For expenses of commissioners and necessary expenses of employees, and three dollars per diem for expenses of a clerk detailed as special disbursing agent by Interior Department, while on duty with the Commission, shall be paid there from; for clerical help, including secretary of the Commission and interpreters, five hundred thousand dollars, to be immediately available; for contingent expenses of the Commission, four thousand dollars; in all, five hundred and twenty-four thousand dollars: Provided further, That this appropriation may be used by said Commission in the prosecution of all work to be done by or under its direction as required by statute. That said Commission shall continue to exercise all authority heretofore conferred on it by law. But it shall not receive, consider, or make any record of any application of any person for enrollment as a member of any tribe in Indian Territory who has not been a recognized citizen thereof, and duly and lawfully enrolled or admitted as such, and its refusal of such applications shall be final when approved by the Secretary...

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Agreement with Cherokee, July 1, 1902

AN ACT To provide for the allotment of the lands of the Cherokee Nation, for the disposition of town sites therein, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. Definition of Words Employed Herein SEC. 1. The words “nation” and “tribe” shall each be held to refer to the Cherokee Nation or tribe of Indians in Indian Territory. SEC. 2. The words “principal chief” or “chief executive” shall be held to mean the principal chief of said tribe. SEC. 3. The words “Dawes Commission” or “Commission” shall be held to mean the United States Commission to the Five Civilized Tribes. SEC. 4. The word “minor” shall be held to mean males under the age of twenty-one years and females under the age of eighteen years. SEC. 5. The terms “allottable lands” or “lands allottable” shall be held to mean all the lands of the Cherokee tribe not herein reserved from allotment. SEC. 6. The word “select” and its various modifications, as applied to allotments and homesteads, shall be held to mean the formal application at the land office, to be established by the Dawes Commission for the Cherokee Nation, for particular tracts of land. SEC. 7. The words “member” or “members” and “citizen” or “citizens” shall be held to mean members or citizens of...

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Act of March 1, 1899

30 Stat. L. 939 For salaries of four commissioners, appointed under acts of Congress approved March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, twenty thousand dollars: Provided, That the number of said com missioners is hereby fixed at four. For expenses of commissioners and necessary expenses of employees, sixty thousand dollars: And provided further, That three dollars per diem for expenses of a clerk detailed as special disbursing agent by Interior Department, while on duty with the Commission, shall be paid there from; for clerical help, including secretary of the Commission and interpreters, thirty-nine thousand nine hundred and eighty dollars; for contingent expenses of the Commission, three thousand five hundred dollars ; in all, one hundred and twenty-three thousand four hundred and eighty dollars. That said Commission shall continue to exercise all authority heretofore conferred on it by law....

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Act of March 2, 1895,

28 Stat. L. 939 For continuing the work of the Commission appointed under section sixteen of the act entitled “An act making appropriations for current and contingent expenses and fulfilling treaty stipulations with Indian tribes for fiscal year ending June thirtieth, eighteen hundred and ninety-four,” approved March third, eighteen hundred and ninety-three, including the unexpended balance of the present appropriation, thirty thousand dollars, to be immediately available; and the President is hereby authorized to appoint two additional members of said Commission, who shall receive the compensation and expenses provided in said act for members of said Commission: Provided, That so much of said act as authorizes the employment of a stenographer and a surveyor, or other assistant or agent, is hereby...

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