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MEMORIAL OF THE 
 
 CHOCTAW AND CHICKASAW 
 
 NATIONS 
 
 RELATIVE TO THE 
 
 Rights of the Mississippi Choctaws 
 
 SUBMITTED FOR CONSIDERATION 
 IN CONNECTION WITH H. R. 19213 
 
 WASHINGTON 
 1913 
 
4 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 west of the Mississippi River situate between the Arkansas and Red Rivers, and 
 bounded as follows: Beginning on the Arkansas River where the lower boundary 
 line of the Cherokees strikes the same; thence up the Arkansas to the Canadian 
 Fork, and up the same to its source; thence due south to the Red River; 
 thence down Red River 3 miles below the mouth of Little River, which empties 
 itself into Red River on the north side; thence a direct line to the beginning. 
 
 The land thereby acquired by the Choctaw Nation in exchange for 
 the 4,000,000 acres of their land in the State of Mississippi embraced 
 all of the land that the Choctaw Nation ever acquired west of the 
 Mississippi River. 
 
 During- the decade following the date of this treaty the Southeast- 
 ern States were being rapidly settled by white persons, and it was 
 determined by the authorities of the United States that it was de- 
 sirable to effectuate the removal of all the Indians residing in that 
 locality to a territory to be set apart to them west of the Mississippi 
 River. The Choctaws by their treaty of 1820 had already acquired 
 a large domain west of the river, and commissioners were sent to 
 Mississippi to treat with them and to obtain, if possible, their removal 
 to their lands west. Accordingly the treaty of September 27, 1830, 
 was negotiated. On behalf of the United States John H. Eaton and 
 John Coffee were appointed commissioners, and they were instructed 
 to proceed to Mississippi for the purpose of entering into a treaty 
 with the Choctaws. On the 18th day of September, 1830, the said 
 commissioners met the chiefs and headmen of the Choctaws and de- 
 livered to them a " talk," as it is called in the journal of the commis- 
 sioners. This talk was for the purpose of inducing the Indians to 
 enter into negotiations with the commissioners, and as showing the 
 representations made to the Indians will be here quoted. The mate- 
 rial parts of it are as follows : 
 
 By direction of your great father we have come amongst you. It is not 
 your lands we seek, but your happiness. If you remain you will be subject 
 to the jurisdiction of courts, pay taxes, etc. and if you are satisfied that in 
 such a condition you would 1m- unhappy, then agree to remove beyond the 
 Mississippi, where you will he able to live under your own laws. Record the 
 rotes of your headmen and let us know who is willing to move and who are 
 opposed. In 1S20, by a treaty, a fine country was given you for the use of your 
 people. It was the understanding at that time that the Choctaws would remove. 
 Ten years are passed and you are still here. If you prefer to live here, sur- 
 render the lands west or otherwise remove to them. Hereafter we will not 
 treat with you. (21 C, Cls. Rep., p. 61.) 
 
 Even to the untutored mind of the Indian this language could 
 not be misunderstood. There was presented the alternative of re- 
 maining in Mississippi, forfeiting the lands which they had acquired 
 by solemn compact in the West, becoming subject to the white man's 
 Jaws, to the jurisdiction of his courts and to taxation, or leaving 
 their homes in Mississippi and removing to their territory in the 
 West. 
 
 The Choctaws were surprised at the proposition and representa- 
 tions of the commissioners in regard to the forfeiture by them of 
 their lands in the West if they did not remove to them, as no such 
 condition had been placed in the treaty of 1820, and at first refused 
 to treat with the commissioners of the United States. The com- 
 missioners thereupon threatened to withdraw and no longer treat 
 with them, and a few days later the Choctaws, being fearful of the 
 eonsequences of their refusal, presented certain proposals for a 
 treaty of their own accord. They agreed that their people would 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 5 
 
 remove to their lands west of the. Mississippi, but demanded that 
 those who had improvements in Mississippi and were willing to 
 remove should be granted certain reservations, the amount of the 
 reserve being dependent upon the acreage under cultivation, and 
 insisted that those who desired to remain should also be taken care 
 of, with the understanding that they should become citizens of the 
 State in which they resided and thereby subject to all the laws of 
 said State. That part of their proposal bearing on this subject is as 
 follows : 
 
 Also, such persons wishing to become citizens, and who are heads of families, 
 shall be entitled, for himself or herself, to a section of land : and having lived 
 upon and cultivated the same for six years after the ratification of this treaty, 
 shall receive a grant in fee; the location shall be bounded by sectional lines and 
 include his or her dwelling. (21 C. Cls. Rep., p. 63.) 
 
 The treaty was finally concluded on September 27, 1880. and the 
 proposals of the Choctaws were in a measure adopted. Two classes 
 of reservations were provided for by the treaty. Article 14. under 
 which the Mississippi Choctaw claim arises, is as follows: 
 
 Art. 14. Each Choctaw head of a family being desirous to remain and become 
 a citizen of the States shall be permitted to do so by signifying his inten- 
 tion to the agent within six months from the ratification of this treaty, and 
 he or she shall thereupon be entitled to a reservation of one section of 640 
 acres of land, to be bounded by sectional lines of survey; in like manner shah 
 be entitled to one-half that quantity for each unmarried child which is living 
 with him over 10 years of age, and a quarter section to such child as may be 
 under 10 years of age, to adjoin the location of the parent. If they reside upo© 
 said lands, intending to become citizens of the States, for five years after the 
 ratification of this treaty, in that case a grant in fee simple shall issue; said 
 reservation shall include the present improvement of the head of the family, or 
 a portion of it. Persons who claim under this article shall not lose the privi- 
 lege of a Choctaw citizen, but if they ever remove are not to be entitled to any 
 portion of the Choctaw annuity. (7 Stat. L., 335.) 
 
 This article provides for those who desired to remain and become 
 citizens of the States. Article 19 provides for reservations to those 
 who intended to remove and had improvements in Mississippi. 
 
 The treaty was not ratified until February 24, 1831, and on May 21, 
 1831, the War Department, then having charge of the Indian affairs, 
 advised Col. Ward. Indian agent in Mississippi, to open a register of 
 claims under the fourteenth article and another list for those Indians 
 claiming under the nineteenth article. Ward advised the department 
 on June 31, 1831, that he had opened such registers and was receiving 
 the claims of the Indians. 
 
 The history of these transactions shows clearly that the authorities 
 of the United States as well as the State authorities of Mississippi 
 did all in their power to get the Indians to move and discouraged as 
 much as possible registrations under the fourteenth article. The six 
 months provided by the treaty within which the Indians could signify 
 their intention to remove expired on August 24, 1831, and the records 
 kept by Col. Ward show that comparatively few Indians were regis- 
 tered by him as being desirous of remaining in the State. It was 
 afterwards charged, however, that the Indians had not been fairly 
 dealt with, and that many of those who appeared before Ward for 
 the purpose of registering under the fourteenth article were turned 
 away without their names being listed. Accordingly, by acts of Con- 
 gress approved March 3, 1837. and February 22, 1838 (see Appendix 
 No. 1), commissioners were appointed for the purpose of proceeding 
 
6 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 to Mississippi and investigating the complaints lodged against the 
 conduct of Ward. 
 
 By the year 1838 a greater part of the Choctaw Tribe had removed 
 west of the Mississippi Eiver. In the report of the Commissioner of 
 Indian Affairs dated December 1, 1836, it is stated that the whole 
 number of Choctaw Indians in Mississippi at the date of the treaty 
 of 1830 amounted to 18,500 persons, and he estimated that 15,000 of 
 these had emigrated to Indian Territory at the date of his report. 
 In the report of the Commissioner of Indian Affairs dated November 
 1, 1838, he shows that 177 Indians had emigrated since his report of 
 1836, making the total number who had removed to Indian Territory 
 amount to 15,177 by November 1, 1838. 
 
 In the report of F. W. Armstrong, special agent, submitted in 1834, 
 and found in American State Papers, volume 7, at page 139, the whole 
 number of Choctaws in Mississippi in 1830 is given as 19,209. The 
 commissioners who went to Mississippi under the acts of 1837 and 
 1838 reported that there were yet remaining in Mississippi on the 
 31st day of July, 1838, about 5,000 Choctaw Indians. So from these 
 figures it is probable that the enumeration of Special Agent Arm- 
 strong is more nearly correct than that contained in the report of 
 the Commissioner of Indian Affairs above referred to, and that in the 
 year 1838 about 5,000 still remained in Mississippi. 
 
 In spite of the fact that so many Indians were still in Mississippi, 
 and that probably many of them were fourteenth article claimants, 
 patents were issued under the fourteenth article to only 143 heads of 
 families. The total number of persons to whom patents were issued, 
 including the children, amounted to 276. To afford relief to the large 
 number of Indians who had been denied their rights under the four- 
 teenth article, by act of Congress approved August 23, 1842 (5 Stat. 
 L., 513), a new commission was appointed to proceed to. Mississippi 
 and adjudicate the claims of all Choctaw Indians who yet remained 
 there and claimed that they had been deprived of their rights under 
 the fourteenth article by reason of the arbitrary action of the agents 
 of the United States. (See Appendix No. 2.) ' 
 
 The number of heads of families who established their rights under 
 the act of 1842 is 1,155, the total number of persons whose claims were 
 thus favorably adjudicated, including the children, amounted to 
 about 4,000. In House of Representatives Document No. 898, Sixty- 
 first Congress, second session, is given a list of the patentees under the 
 fourteenth article and a list of those persons whose claims were 
 favorably adjudicated under the act of August 23, 1842. This latter 
 class, under the terms of the act referred to, were to receive scrip in 
 lieu of the land to which they would have been entitled as fourteenth 
 article beneficiaries. This scrip entitled the holder to take up un- 
 occupied public domain in the States of Mississippi, Arkansas, Ala- 
 bama, and Louisiana equal in quantity to the amount of land the 
 holder thereof would have been entitled to under the fourteenth 
 article, not exceeding one half of the same to be issued to the claimant 
 in Mississippi and the other half to be issued upon his removal west 
 of the Mississippi River. Many of the Indians still remaining in 
 Mississippi, as shown by the report of the commissioner in 1838, emi- 
 grated to the Choctaw" Nation west between that year and the year 
 1855. There are on file in the office of the Commissioner of Indian 
 Affairs muster rolls of emigrating Choctaws which show that during 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 7 
 
 the jDeriod stated — that is, from 1838 to 1855 — more than 3,400 Choc- 
 taws removed to the Indian Territory. It will thus be seen that, 
 taking the figures of the Commissioner of Indian Affairs to the effect 
 that 15,000 Choctaws had emigrated prior to 1836, the total number 
 of Choctaws who were in Indian Territory at the date of the treaty of 
 1855 was over 18,500, leaving in Mississippi not more than 1,000 of 
 the original members of the nation. 
 
 The first half of the scrip was delivered to those persons found 
 entitled thereto under the act of 1842, or to their representatives, 
 within a few years after the adjudication of their claims. How- 
 ever, by act of Congress of March 3, 1845 (5 Stat. L., 777), it was 
 provided that the balance of the scrip, being the second half of the 
 payment, should not be paid to the Indians, but that it should be 
 capitalized at $1.25 per acre and the interest accruing thereon, at 
 the rate of 5 per cent per annum, should be paid to the Indians or 
 their representatives. This was done, and no change took place in 
 the law until July 21, 1852, when by act of Congress approved that 
 day (10 Stat. L., p. 19) it was provided that the amount yet due 
 these Indians in scrip under the original act should be paid to them 
 in money instead of scrip, and the sum of $872,000, which was the 
 value of the scrip undelivered, by estimating the land at $1.25 per 
 acre, should be paid to the Choctaws in cash. (See Appendix No. 3.) 
 
 It has been intimated in the arguments submitted on this bill that 
 this money did not reach the hands of the persons for whom it was 
 intended, but that it was paid out to the Choctaw Nation in Indian 
 Territory. The records relative to this payment are easy of access. 
 They are found in the office of the Commissioner of Indian Affairs 
 and the Auditor for the Interior Department, and show that the 
 sum of $872,000 was delivered by the Government to Philip H. 
 Raiford, Indian agent, under date of September 11, 1852. Agent 
 Raiford, in the month of November, 1852, turned this money over to 
 Indian Agent John Drennen, and in the same month Dr<mnen turned 
 the money over, by requisition, to William Wilson, Indian agent, who 
 paid out the greater part of same to the persons entitled thereto under 
 the award made by the commission appointed under the act of 1842. 
 Wilson's accounts are a matter of record in the auditor's office and 
 show that prior to June 4, 1853, he paid out of this monev to indi- 
 vidual claimants, under article 14, $686,300 principal and $36,530.63 
 interest. This money was paid to 2,983 persons, whose names appear 
 on his pay roll. 
 
 Wilson turned over the balance of the money in his hands to Doug- 
 las H. Cooper, agent to the Choctaws, in June, 1853, and Cooper's 
 accounts on file in the same place show that by August, 1854, he had 
 paid out $59,533.94 of this money to 300 individual claimants. The 
 accounts of Cooper for the last two quarters of 1854 and the first 
 quarter of 1855 can not be found, but it is presumed the balance of 
 this money was paid out to individual claimants in the same manner. 
 
 It is impracticable in this brief to give a list of all the persons to 
 whom this money was paid. However, it can be stated that we have 
 compared a number of the names on these pay rolls with the list of 
 scripees and find that the persons to whom this money was paid are 
 persons whom the commission of 1842 found entitled to scrip under 
 the terms of said act, they being fourteenth-article beneficiaries or 
 their descendants. 
 
b MEMORIAL OP THE CHOCTAW AND CHICKASAW NATIONS. 
 
 There was probably very little emigration from Mississippi to 
 Indian Territory from 1855 until after the Civil War. However, a 
 study of the Choctaw law books will show that there was a continu- 
 ous emigration of small parties from Mississippi and Louisiana to 
 Indian Territory from 1866 until the Government of the United 
 States took over the affairs of the Choctaw Nation and prohibited 
 the nation from any further admissions to citizenship. These books 
 contain numerous acts admitting to full rights and privileges of 
 citizenship persons emigrating from Mississippi to Indian Territory 
 during these years. A few of these acts are hereto appended, which 
 will show that they have not only received the emigrating Choctaws 
 into full rights of citizenship, but in many cases appropriated money 
 out of their national funds to pay the expenses of their emigration 
 and to assist them in subsisting in the nation until they could become 
 self-supporting. (See Appendix No. 4.) 
 
 On at least one occasion, in the year 1889, the Choctaw Council 
 memorialized Congress to assist in the emigration of the Choctaws in 
 the States of Mississippi and Louisiana to the Choctaw Nation, and 
 on another occasion, in the year 1891, by act of the Choctaw Council 
 a commission was appointed to proceed to Mississippi and take what 
 steps seemed advisable in order to obtain the affiliation of the Eastern 
 Choctaws with the main body of the tribe in the West and the emi- 
 gration of the former to Indian Territory. A large number of such 
 Indians were emigrated by reason of the activities of the commission. 
 
 This is the history, in brief, of the Mississippi Choctaws up until 
 1896, when the United States took charge of the enrollment affairs 
 of the Choctaw and Chickasaw Nations and undertook to allot their 
 lands in severalty. 
 
 That the Choctaw Indians who had voluntarily separated them- 
 selves from the tribal government and citizenship were not entitled 
 to share in that government or the distribution of the tribal property 
 while residing outside of the jurisdiction of the Nation seems never 
 to have been questioned until within recent years. An examination 
 of the provisions of the treaty of 1830, and the history relative to the 
 making of that treaty, shows conclusively that the principal object 
 of the treaty was the removal of the Choctaw Indians from Missis- 
 sippi to their lands in the West. In the treaty of 1820, under which 
 the Choctaws acquired title to their western domain, there was no 
 limitation imposed requiring them to live upon the land. In spite 
 of this fact, such a limitation was placed in the treaty of 1830, and 
 they were compelled to agree to remove beyond the Mississippi as 
 early as practicable after the ratification of said treaty. These pro- 
 visions contained in the treaty are as follows : 
 
 Article 2. The United States, under a grant specially to be made by tbe 
 President of tbe United States, shall cause to be conveyed to tbe Cboctaw 
 Nation a tract of country west of the Mississippi River, in fee simple to them 
 and their descendants, to inure to them while they shall exist as a nation and 
 live on it. 
 
 Here follows a description of a part of the land ceded by the treaty 
 of 1820. 
 
 Article 3 of said treaty is as follows : 
 
 In consideration of the provisions contained in the several articles of this 
 treaty, the Choctaw Nation of Indians consent and hereby cede to the United 
 States the entire country they own and possess east of the Mississippi River; 
 
MEMORIAL OF THE CHOCTAW AXD CHICKASAW STATIONS. 9 
 
 and they agree to remove beyond the Mississippi River early as practicable, 
 and will so arrange their removal that as many as possible of their people, not 
 exceeding one-half of the whole number, shall depart during the falls of 1831 
 and 1832, the residue to follow dining the succeeding fall of 1.833; a better 
 opportunity in this manner will he afforded the Government to extend to them 
 the facilities and comforts which it is desirable should he extended in conveying 
 them to their now homes. 
 
 This enforced removal of the Choctaws as n nation to the TVest 
 was not agreed to by them until article 14 was placed in the treaty. 
 which permitted Choctaw Indians who desired to renounce their 
 Choctaw citizenship to remain in the States and become citizens 
 thereof. That this was the purpose of the fourteenth article is shown 
 by all of the available records bearing upon the drawing up of this 
 treaty. The Choctaws themselves proposed this provision, and it was 
 incorporated in the treaty for the express purpose of permitting 
 Choctaw Indians who desired to do so to become citizens of the States 
 and as such to have a reservation of land set apart to them in the 
 State of Mississippi. 
 
 The only part of that article which is in any way subject to dispute 
 is the last sentence thereof. 
 
 The Indians had been threatened by the commissioners of the 
 United States with the forfeiture of their lands in the West which 
 they had bought and paid for unless they speedily removed thereto 
 and took it]) their homes thereon. They were told that if they re- 
 mained in Mississippi they would be subjected to the jurisdiction of 
 the government of the State, and that their lands and other property 
 would be taxed. There is no doubt but that those who elected to re- 
 main knew they were renouncing their Choctaw citizenship and were 
 becoming citizens of the State in which they took up their residence. 
 The last sentence of said article, therefore, w T as inserted with the idea 
 that those who remained in the States and took up their citizenship 
 therein would be guaranteed the privilege of removing to their 
 nation if conditions became too harsh for them in the States, and 
 upon such removal were to be entitled to all the privileges of a Choc- 
 taw citizen, except the right to share in the annuities. 
 
 This construction is well set forth in the decision rendered in the 
 United States court for the central district of Indian Territory in 
 the year 1897, in the case of Jack Amos et al. v. The Choctaw Nation. 
 (See report of Commission to the Five Civilized Tribes of June 30, 
 1899, p. 92.) In discussing this provision the court states as follows: 
 
 In the third article of the treaty the Choctaws agreed to move all of their 
 people within three years, and the United States intended that they should go. 
 But, by the fourteenth article of the treaty, provisions were made whereby 
 those who should decide to remain and become citizens of the State of Missis- 
 sippi, in the event that, because of the intolerance and persecutions of the 
 whites which they themselves had so bitterly experienced, or for any other 
 cause, they might become dissatisfied with their altered conditions and their 
 new citizenship and desire to follow them to their new homes, and thereafter 
 exercise with them in their own country the privileges of citizenship, they 
 could do so, except that they were not to participate with them in their 
 annuities, the lands which they were to receive in Mississippi being deemed a 
 compensation for that. 
 
 When the fourteenth article of the treaty was framed the negotiating parties 
 understood that the policy of the United States was that the Choctaws were 
 to be removed. The Choctaws, in article 3, had just agreed that they should 
 all go. The ink was not yet dry in article 2, whereby the condition was placed 
 in this grant to the lands that they were to live upon them or they should be 
 forfeited, and that no privilege of citizenship could be conferred or enjoyed 
 
10 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS, 
 
 outside of the territorial jurisdiction of their newly located nation. Under 
 standing these conditions, the latter clause of article 14 was penned: 
 
 " Persons who claim under this article shall not lose the privilege of a 
 Choctaw citizen, but if they ever remove — that is,, if they ever place themselves 
 on the land and within the jurisdiction of the nation whereby those privileges 
 may become operative — are not to be entitled to any portion of the Choctaw 
 annuity." 
 
 In other words, if tliey ever remove, they are to enjoy all of the privileges 
 of a Choctaw citizen except that of participating in their annuities. If this 
 be not the meaning to be attached to the word ''remove" as used in the clause 
 of the treaty under consideration, it must be meaningless. But in the inter- 
 pretation of statutes it is the duty of the court to so interpret them as to give 
 to every word a meaning, and in doing so it must take into consideration the 
 whole statute, its objects and purposes, the rights which are intended to be 
 enforced, and the evils intended to be remedied; it may go to the history of 
 the transaction about which the legislation is had and call to its aid all legiti- 
 mate facts proven or of which the courts will take judicial notice in order 
 to find the true meaning of the word as used in the statute. Of course, the same 
 rule of interpretation applies to treaties. Adopting these rules in the inter- 
 pretation of article 14 of the treaty of 1830, I arrive at the conclusion that the 
 " privilege of a Choctaw citizen " therein reserved to those Choctaws who 
 shall remain, thereby separating themselves, it may be forever, from their 
 brethren and their nation, becoming citizens of another sovereignty and aliens 
 of their own, situated so that it would be impossible, while in Mississippi, to 
 receive or enjoy any of the rights of Choctaw citizenship, was the right to 
 renounce his allegiance to the Commonwealth of Mississippi, move upon the 
 lands conveyed to him and his people, and there, the only spot on earth where 
 he could do so, renew his relations with his people and enjoy all of the 
 privileges of a Choctaw citizen except to participate in the annuities. 
 
 As an evidence that the Choctaw people themselves took this view of the 
 question, attention is called to the fact that their council has passed many acts 
 and resolutions inviting these absent Choctaws to move into their country, and 
 on one occasion appropriated a considerable sum of money to assist them 
 on their journey ; and, until the past two or three years, have always promptly 
 placed those who did return on the rolls of citizenship, but never enrolled an 
 absent Choctaw as a citizen. 
 
 That this is the intent and meaning of article 14 is further in- 
 dicated by the treaty of 1866, entered into between the United States 
 and the Choctaw and Chickasaw Xations. Under this treaty a scheme 
 was provided for the allotment of the lands belonging to these two 
 nations in severalty to the members thereof. The lands were first 
 to be surveyed, and thereafter a specified time was given for the 
 citizens to select their allotment so as to include their improvements. 
 Notice of the rights of the citizens was to be given wide publicity, 
 and by article 13 of said treaty it is provided : 
 
 The notice required in the above article shall be given not only in the Choc- 
 taw and Chickasaw Nations but by publication in newspapers printed in the 
 States of Mississippi and Tennessee, Louisiana, Texas, Arkansas, and Alabama, 
 to the end that such Choctaws and Chiekasaws as yet remain outside of the 
 Choctaw and Chickasaw Nations may be informed and have opportunity to 
 exercise the rights hereby given to resident Choctaws and Chiekasaws: Pro 
 vided, That before any such absent Choctaw or Chickasaw shall be permitted 
 to select for himself or herself or others, as hereinafter provided, he or she 
 shall satisfy the register of the land office of his or her intention, or the inten- 
 tion of the party for whom selection is to be made, to become bona fide resi- 
 dent in the said nation within five years from the time of selection; and should 
 the said absentee fail to remove into said nation and occupy and commence 
 an improvement on the land selected within the time aforesaid the said selec- 
 tion shall be canceled and the land shall thereafter be discharged from all 
 claim on account thereof. 
 
 The patent evidencing the title of the Choctaws to their western 
 lands Avas executed by the President on March 23, 1842, and in this 
 patent the same limitations found in the treaty of 1830 were inserted, 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 11 
 
 providing for a possibility of reversion in the United States. This 
 provision in the patent is as follows: 
 
 That the United States of America, in consideration of the premises and in 
 execution of the agreement and stipulation in the aforesaid treaty, have given 
 and granted and by these presents do give and grant unto the said Choctaw 
 Nation the aforesaid " tract of country west of the Mississippi," to have and to 
 hold the same, with all the rights, privileges, immunities, and appurtenances 
 of whatsoever nature thereunto belonging, as intended " to be conveyed " by the 
 aforesaid article, "in fee simple to them and their descendants, to inure them, 
 while they shall exist as a nation and live on it." liable to no transfer or 
 alienations, except to the United States or with their consent. 
 
 This constitutes a base or determinable fee, and it is inconsistent 
 with the manner in which the title to this land was held that the In- 
 dians who renounced their Choctaw citizenship and refused to con- 
 tinue their identification with the nation and share the responsibili- 
 ties and burdens of citizenship should be entitled to share in its bene- 
 fits. No one has ever objected to the Absentee Choctaws reidentifving 
 themselves with the nation and being readmitted to the benefits of 
 citizenship, and, on the other hand, they have been requested and 
 urged to return to the fold on every occasion. But objection has been 
 raised to the extension of these benefits to them while they remain 
 apart from the nation. 
 
 A somewhat analogous question was decided by the Supreme 
 Court in the case of the Eastern Band of Cherokees v. The United 
 States (117 U. S., 288). This case had to do with the rights of the 
 Absentee or Eastern Band of Cherokees to share in the distribution 
 of the property and funds of the Cherokee Nation in Indian Terri- 
 tory. The court, after reviewing the treaties relating to the same, 
 concluded by saying: 
 
 If Indians in that State (North Carolina), or in any other State east of the 
 Mississippi wish to enjoy the benefits of the common property of the Cherokee 
 Nation, in whatever form it may exist, they must, as held by the Court of 
 Claims, comply with the constitution and laws of the Cherokee Nation, and 
 be readmitted to citizenship as there provided. They can not live out of its 
 territory, evade the obligations and burdens of citizenship, and at the same 
 time enjoy the benefits of the funds and common property of the nation. Those 
 funds and that property were dedicated by the constitution of the Cherokees 
 and were intended by the treaties with the United States for the benefit of 
 the united nation, and not in any respect for those who had separated from 
 it and become aliens to their nation. We can see no just ground on which the 
 claim of the petitioners can rest in either of the funds held by the United 
 States in trust for the Cherokee Nation. 
 
 It may be said that in the Cherokee treaties there is no provision 
 similar to the last sentence of the fourteenth article of the treaty of 
 1830. It is true there is no provision exactly similar to this clause, 
 but if the construction which we believe is the proper construction 
 to be given to this clause is adopted, that fact does not in any way 
 destroy the similarity between the cases of the Absentee Cherokees 
 and the Absentee Choctaws, for the real intention of the last clause 
 of the fourteenth article was undoubtedly to guarantee to the ab- 
 sent Choctaws that if they ever desired to move, upon doing so, 
 they would be entitled to all the privileges of a Choctaw citizen 
 except a share of the annuities. This has been the meaning given 
 to this treaty by every court or tribunal which has ever passed 
 upon it. 
 
12 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 In the case of Jack Amos et al. v. The Choctaw Nation, supra, the 
 court further says : 
 
 I am disposed to the opinion, however, and will so hold, that the descendants 
 of the Mississippi Choctaws by virtue of the fourteenth article of the treaty of 
 1S30 are entitled to all of the rights of Choctaw citizenship, with all of the 
 privileges and property rights incident thereto, provided they have renounced 
 their allegiance to the sovereignty of Mississippi by moving into the Choctaw 
 Nation in good faith to live upon their lands, renewing their allegiance to that 
 nation, and putting themselves in an attitude whereby they will be able to 
 share in the burdens of their government. The reason for this conclusion is, 
 to my mind, made morally certain when it is remembered that ever since the 
 treaty of 1830, now for the period for nearly 07 years, with the exception of 
 the past two or three years, the Choctaw Nation by its legislative enactments 
 and by its acts so long continued that by custom they have become crystallized 
 into law have universally admitted all who should remove to this country and 
 rehabilitate them in all of the rights and privileges of citizenship enjoyed by 
 themselves. 
 
 In the arguments recently made on this question a resolution of 
 the Choctaw Council has been referred to, and an attempt has been 
 made to draw the inference therefrom that the Choctaw Nation 
 officially recognized that the Choctaw's in the States of Mississippi 
 and Louisiana were entitled to all the rights and privileges of citizen- 
 ship without removal. 
 
 This resolution was passed on December 24, 1889, and is as follows : 
 
 Whereas there are large numbers of Choctaws yet in the States of Mississippi 
 
 and Louisiana who are entitled to all the rights and privileges of citizenship 
 
 in the Choctaw Nation ; and 
 Whereas they are denied all rights of citizenship in said States; and 
 Whereas they are too poor to immigrate themselves into the Choctaw Nation : 
 
 Therefore 
 
 Be it resolved by the General Council of the Choctaw Nation assembled. That 
 the United States Government is hereby requested to make provisions for the 
 emigration of said Choctaws from said States to the Choctaw Nation, etc. 
 
 If, how T ever, this resolution is analyzed, it will be seen that it bears 
 out exactly the contention made by us on this proposition, to wit, 
 that these Indians were guaranteed the rights and privileges of 
 Choctaw citizenship provided they removed to the Choctaw Nation. 
 The language used is not that these Absentee Choctaws are entitled 
 to the rights and privileges of citizenship as Choctaws in the States 
 named, but that they are entitled to those rights in the Choctaw 
 Nation, and the evident intention of the Choctaw authorities w T as 
 that the United States should assist these absentee Indians in acquir- 
 ing their rights by their removal to the Choctaw Nation. The mean- 
 ing of this resolution, to paraphrase its language, is this : 
 
 Whereas there are a large number of Choctaws in the States of 
 Mississippi and Louisiana who, although electing to become citizens 
 of those States, are denied all rights of citizenship in said States, and 
 
 Whereas they are entitled to the rights and privileges of citizen- 
 ship by removing to and identifying themselves with the Choctaw 
 Nation, and 
 
 Whereas they are too poor to immigrate themselves into the Choc- 
 taw Nation, therefore be it resolved, etc. 
 
 This construction is borne out by the fact that every Mississippi 
 Choctaw who emigrated into the Choctaw Nation after its passage 
 was required to make formal application to the council and be ad- 
 mitted to citizenship before he was allowed to participate in the 
 
MEMOBIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 13 
 
 government of the nation or share in any of the benefits of citizen- 
 ship. If he was already a citizen, why was this requirement made? 
 
 Another argument which is used in favor of this legislation is 
 that the Choctaw Nation by its proper authorities executed and de- 
 livered to the United State- an agreement to the effect that the pay- 
 ment of the $872,000. to take up the second half of the scrip due to 
 fourteenth article claimants under the act of August 23, 1842, would 
 be received as a final payment and satisfaction of said awards, and 
 that by such agreement the Choctaw Nation became responsible to 
 the claimants for the settlement of their individual claims. This act 
 of the Choctaw Council, which was passed on November 6, 1852, is 
 as follow- : 
 
 Whereas by an act of Congress entitled "An act to supply deficiencies in the 
 appropriations for the service of the fiscal year ending the 30th day of June. 
 L852," all payments of interest in the amount awarded Choctaw claimants under 
 the fourteenth article of the treaty of Dancing Etabbil Creek for lands on which 
 they resided, but which ii is impossible to give them, shall cease, and that the 
 Secretary n\' the Interior he directed to pay said claimants the amount of the 
 principal awards in each case, respectively, and that an amount necessary for 
 this purpose he appropriated aol exceeding the sum of $872,000; and that final 
 payment and satisfaction of said awards shall he first ratified and approved as 
 a final release of all claims of such parties under the fourteenth article of said 
 treaty by the proper national authority of the Choctaws in such form as shall 
 
 be prescribed by the Secretary of the interior: Now he it known that the 
 
 said General Council of the Choctaw Nation do hereby ratify and approve tlie 
 final payment and satisfaction of said awards agreeably to the provisions of the 
 act aforesaid as a final release of the claims of such parties under the four- 
 teenth article of said treaty. 
 
 A. Nail. Speaker. 
 November 6, 1S52. passed in the senal". 
 Approved : 
 
 l». McCoy, President. 
 
 < d OBGE \V. I I LRKINS. 
 <d OBGE I'ol SOM. 
 
 This act was passed by the Choctaw Council to comply with the 
 proviso contained in the" act of July 21, 1852, whereby this money 
 was appropriated. This proviso is as follows: 
 
 Thai the final payment and satisfaction of said awards shall he first ratified 
 and approved ,;s a final release of all claims of sneh parties under the four- 
 teenth article of said treaty by the proper national authority of the Choctaws 
 in such form as shall he prescribed by the Secretary of the Interior. 
 
 The only national or tribal government of the Choctaw Indians at 
 that time "was the government in the Choctaw Nation west of the 
 Mississippi, and this government was the only government to enter 
 into such an agreement with the United States. This action, there- 
 fore, was taken by the Choctaw authorities in pursuance of said act 
 of Congress, and evidently in form as "prescribed by the Secretary 
 of the Interior." 
 
 It lias heretofore been showm, however, that the money here appro- 
 priated was not paid to the Choctaw Nation, but was paid to the 
 individual claimants under the act of 1842 by an officer of the United 
 States Government, Surely the Choctaw Nation can not be held 
 accountable for this payment, since they had no hand in making it, 
 nor was it possible for them to bind by this or any other agreement 
 anyone but their own citizens. It would naturally be presumed that 
 the United States, wdiose authorities made the payment, would see 
 
14 MEMOEIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 that the Mississippi Choctaws, who were not subject to the jurisdic- 
 tion of the Choctaw Nation, but were citizens of the United States 
 and the State in which they resided, were protected in this payment. 
 
 Even though the Choctaw Nation did by this act release the United 
 States from the claims of the Mississippi Choctaw Indians under the 
 fourteenth article of the treaty of 1830, this fact (which we do not 
 admit) would not have any bearing upon the question under discus- 
 sion. In determining this question, let us see just what claims were 
 covered by the payment of the $87-2,000 provided for by the act of 
 July 21, 1852. It was to take up the claims of those persons whose 
 rights had been favorably adjudicated by the act of August 23, 1842. 
 The purpose of this latter act was to adjudicate the claims of Indians 
 to reservations of land in Mississippi under the fourteenth and nine- 
 teenth articles of the treaty of 1830. For some reason no nineteenth- 
 article claims were considered by the commission appointed under 
 said act, and the only claims which were received and considered 
 were those arising under the fourteenth article. This commission, 
 as has heretofore been shown, received and favorably adjudicated the 
 claims of over 1.000 persons to reservations in the State of Missis- 
 sippi. Scrip was issued to these persons, which permitted the taking 
 up of any public domain in the States of Alabama. Mississippi, 
 Louisiana, and Arkansas equal to half of the land to which claim- 
 ant would have been entitled under the fourteenth article. The 
 $872,000 was appropriated to reimburse the claimants for the second 
 half of the scrip, which had never been issued. Thus, if the Choctaw 
 Nation had assumed the liabilities of the United States in favor of 
 the fourteenth-article claimants, it was only a guaranty to the United 
 States that the claimants would receive the second half of the pay- 
 ment of scrip in money instead of land, and in no manner changed 
 the relation of the Mississippi Choctaw Indians to the Choctaw 
 Nation in respect to the domain of the Choctaws in the West. 
 
 This $S72.000 was not paid out by the United States to the whole 
 body of Choctaws, but was paid out to those individuals or their 
 heirs or representatives who had received a favorable adjudication of 
 their claims by the commission appointed under the act of 1812. 
 
 A careful reading of the act of the Choctaw Council of November 
 6, 1852, will show that all the Nation agreed to by said act was to — 
 
 ratify and approve the final payment and satisfaction of said awards agreeably 
 to the provisions of the act aforesaid (act of July 21, 1852) as a final release of 
 the claims of such parties under the fourteenth article of said treaty. 
 
 If any of the claimants were not paid their share of the $872,000 
 the Choctaw Nation in no way assumed liability therefor. The fund 
 was in the hands of the United States for disbursement, and all that 
 the Choctaw Nation agreed to was that the final payment and satis- 
 faction of said aAvards would act as a release of the claims of such 
 parties. 
 
 But the Supreme Court of the United States has passed upon the 
 effect of this release of the Choctaw Nation in the case of the Choctaw 
 Nation v. United States (110 U. S.. 30), wherein it says: 
 
 That act of Congress, it is true, declares that the final payment and satis- 
 faction of the sum thereby appropriated and paid should, when ratified and 
 approved by the proper national authority of the Choctaws. operate as a final 
 release of all claims of those to whom such payments are made under the 
 fourteenth article of the treaty of September 27, 1830. But whether that pay- 
 
MEMOEIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 15 
 
 ment was a just and fair extinguishment of those claims, according to the terms 
 of that treaty, was one of the very questions in dispute. And it is not un- 
 reasonable to contend, as it is contended on behalf of the Choctaw Nation, that 
 the effect of that release should be considered in view of the circumstance under 
 which it was executed and in reference to which the Court of Claims has 
 found, in the sixteenth finding, that " the claimants under the fourteenth article, 
 the sai<l Choctaw heads of families and their children, were reduced to a 
 helpless condition of want, which rendered it practically impossible for them 
 to contend with the United States in their requirement that the said Choctaw 
 heads of families should accept and receive the scrip provided to be issued to 
 them in lieu of the reservations by the act of 1S42 ; and the said scrip and the 
 money paid to redeem the same were taken and accepted because they were 
 powerless to enforce any demands against or impose any conditions upon the 
 United States." 
 
 It is also contended that many of the claims of individual Indians 
 under the fourteenth article of the treaty of 1830 entered into the so- 
 called " net-proceeds " claims, and that the money obtained to satisfy 
 the judgment rendered in that case was paid to the Choctaw Nation 
 and not to the individual claimants. 
 
 Let us examine the history of this case briefly : It is an undisputed 
 fact that the United States Government did not perform the obliga- 
 tions assumed by it under the terms of the treaty of 1880. By the 
 treaty of 1855, which was entered into between the United States and" 
 the Choctaw and Chickasaw 7 Nations, provision was made for the 
 submission of the claims of the Choctaws against the United States, 
 arising out of the treaty provisions, to the Senate of the United States 
 as a court to arbitrate and determine what amount, if any, was due 
 to the Indians. This provision is contained in article 11 of said 
 treaty, and is as follows : 
 
 The Government of the United States, not being prepared to assent to the 
 claim set up under the treaty of September L!7. 1830, and so earnestly contended 
 for by the Choctaws as a rule of settlement, but justly appreciating the sacri- 
 fices, faithful services, and general conduct of the Choctaw people, and being 
 desirous that their rights and claims against the United States shall receive 
 a just, fair, and liberal consideration; it is therefore stipulated that the follow- 
 ing questions be submitted for adjudication to the Senate of the United States: 
 
 First. Whether the Choctaws are entitled to or shall be allowed the proceeds 
 of the sale of the lands ceded by them to the United States by the treaty of 
 September 27, 1830, deducting therefrom the cost of their survey and sale, and 
 all just and proper expenditures and payments under the provisions of said 
 treaty; and, if so, what price per acre shall be allowed to the Choctaws to the 
 lands remaining unsold, in order that a final settlement with them may be 
 promptly effected ; or 
 
 Second. Whether the Choctaws shall be allowed a gross sum in further and 
 full satisfaction of all their claims, national and individual, against the United 
 States; and. if so, how much. 
 
 By article 12 of said treaty it was provided that in case an award 
 was made by the Senate to the Choctaws the same would be received 
 by them in full satisfaction of all their claims against the United 
 States, whether national or individual, arising under any former 
 treaty, the Choctaws thereupon agreeing to become liable to pay all 
 individual claims as might be adjudged by the proper authorities of 
 the tribe to be equitable and just. 
 
 The claims provided for by this provision of the treaty of 1855 
 must not be confused with the claims provided for by the act of Con- 
 gress July 21, 1852. There were many unsettled points of dispute 
 between the Choctaws and the United States at the time of the rati- 
 fication of the treaty of 1855, involving claims arising under several 
 old treaties, including the treaty of 1830. These disputes were to be 
 
16 MEMORIAL OF THE CHOCTAW AXD CHICKASAW NATIONS. 
 
 settled by this provision of the treaty of 1855. The claims arisin 
 under the act of July 21, 1852, had their basis in the awards made b 
 the commission acting under the act of Congress of August 23, 184'. 
 and the $872,000 appropriated by said act was for the payment t 
 claimants of the second half of the scrip found due by said coir] 
 mission. 
 
 The conclusion reached by the Senate is contained in a resolution 
 of March 9, 1859, providing that the Choctaws should be allowed th] 
 proceeds of the sale of their lands in Mississippi disposed of prior t 
 January 1, 1859, deducting therefrom all proper expenditures fo 
 costs of the survey and sale of the same, deducting reservations an 
 estimating scrip at $1.25 per acre and allowing them 12^ cents pe 
 acre for the residue unsold. The Secretary of the Interior was aske< 
 to cause an account to be stated under this award and report sam 
 to Congress. 
 
 On May 8, 18G0. the Secretarv reported the amount due th 
 Choctaws "under this award to be $2,981,247.30. The sum of $250,00» 
 is all that was ever paid under this award, and the Civil War break 
 ing out soon after it was made no more money was appropriated t< 
 pay the same, probably by reason of the unsettled condition of tin 
 country at, that time. Several years having elapsed and no settle 
 ment having been effected, the matter was by act of Congress ap 
 proved March 3, 1881, referred to the Court of Claims for determina- 
 tion. This act is as follows: 
 
 AN ACT For the ascertainment of t lie amount due the Choctaw Nation. 
 
 Whereas the Choctaw Nation, for itself and on behalf of individual members 
 thereof, makes claim against the United States on account of various treaty 
 provisions which it is alleged have not been complied with: Therefore 
 Be it enacted by the Senate and the Jlonse of Representatives of the United} 
 States of America in Congress assembled. That the Court of Claims is hereby 
 authorized to take jurisdiction of and try all questions of differences arising 
 out of treaty stipulations with the Choctaw Nation and to render judgment 
 thereon; power is hereby granted the said court to review the entire question 
 of differences de novo, and it shall not be estopped by any action had or award 
 made by the Senate of the United States in pursuance of the treaty of 1855; 
 and the Attorney Genera] is hereby directed to appear in behalf of the Govern- 
 ment : and if said court shall decide against the United States the Attorney 
 General shall, within 30 days from the rendition of judgment, appeal the cause 
 to the Supreme Court of the United States; aud from any judgment that may 
 be rendered the said Choctaw Nation may also appeal to said Supreme Court: 
 Provided, The appeal of the said Choctaw Nation shall be taken within GO days 
 after the rendition of said judgment, and the said courts shall give such cause 
 precedence. 
 
 Sec. 2. Said action shall be commenced by a petition stating the facts on 
 which said nation claims to recover and the amount of its claim; and said 
 petition may be verified by either of the authorized delegates of said nation 
 as to the existence of such facts, and no other statements need be contained in 
 said petition or verification. 
 
 The Court of Claims, after a full and voluminous record had been 
 presented in the case, decided that under the peculiar provisions of 
 the act. giving them jurisdiction — 
 
 The sanctity of the adjudication of the Senate has been destroyed by the law 
 of our jurisdiction, and that the parties are remitted to their legal rights as 
 they exist unaffected by the action of the Senate — 
 
 and they proceeded to a trial of the claims de novo and found that 
 the amount due the Choctaw Indians amounted to $658,120.32. 
 
MEMOEIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 17 
 
 In this award the right of the Choctaws to the net proceeds de- 
 rived from the sale of their lands in the State of Mississippi was 
 denied, but there was included for claimants under the fourteenth 
 article of the treaty of 1830, $417,656, which represented the claims 
 of 191 families whose rights were defeated under the provisions of 
 the act of 1842, and who the court held were entitled to 225,760 acres 
 
 [ of land. These 191 claims were denied under the act of 1842 by 
 
 ■ reason of the peculiar wording of the act, requiring the claimant to 
 
 have had improvements in the Choctaw Nation in Mississippi on 
 
 September 27, 1830, and to have resided upon the land covered by 
 
 the same for five years thereafter. This case is reported in volume 
 
 ' 21, Court of Claims report, page 59. 
 
 An appeal was taken from this judgment by both parties to the 
 Supreme Court of the United States, and it was there determined 
 that the amount due the Choctaw Indians was $2,858,798.62. The 
 Supreme Court arrived at this judgment by going back to the award 
 of the Senate made under the treaty of 1855, and in rendering its 
 
 [ decision uses the following language, which will show how the 
 
 i amount of the award was arrived at by the Secretary of the Interior, 
 who stated the account for the Senate under Senate resolution of 
 March 9, 1859, to wit ; 
 
 The Secretary of the Interior found to be clue the Choctaw Nation, in his 
 statement of account in conformity with the resolutions and decision of the 
 Senate under the treaty of 1855, the sum of $2,981,247.30. This balance was 
 reached by crediting them with the proceeds of the sales of the lands ceded 
 by them under the treaty of September 27, 1830, made up to January 1, 1859, 
 adding for the unsold residue of said lands their estimated value at 123 cents 
 per acre, amounting to $8,078,614.80 in the aggregate. Against this deductions 
 were charged as follows: First, the cost of the survey and sale of the lands 
 at 10 cents an acre; and, second, payments and expenditures under the treaty: 
 the whole amounting to $5,097,367.50, resulting in the balance above stated. 
 * * * The result, therefore, is to establish the balance found by the Secre- 
 tary of the Interior as the true amount due. ascertained according to the 
 principle adjudged by the Senate in its award, and which we have declared to 
 be the equitable rule of settlement between the parties. From this is to be 
 deducted the payment of $250,000 made under the act of March 2, 1861. 
 
 There was added to this amount $59,449.32 for unpaid annuities 
 and $68,102 for lands taken in fixing the boundary between the State 
 of Arkansas and the Choctaw 7 Nation, making the total amount of 
 the award of the Supreme Court amount to $2,858,798.62. and to this 
 there was added the sum of $219,696.71 interest which had accrued 
 from the time of the rendition of the judgment up until the appro- 
 priation was made by Congress for the payment of the same. 
 
 From an examination of the decision of the Supreme Court on 
 this case, it does not appear that a single individual claim of a four- 
 teenth article benificiary entered into or was adjudicated in this case. 
 
 Under the provisions of the treaty of 1855 this award was to be 
 paid by the United States in full satisfaction for all claims, indi- 
 vidual and national, arising under the treaties between the United 
 States and the Choctaw Nation. The amount appropriated to pay 
 this award was turned over to the Choctaw tribal authorities and 
 distributed under their direction by an official of the United States 
 Government. 
 
 A reference to the laws of the Choctaw Nation will show that 
 every effort was made by the tribal authorities to ascertain who were 
 
 82675—13 2 
 
18 MEMOKIAL OP THE CHOCTAW AND CHICKASAW NATIONS. 
 
 entitled to share in said award and ample opportunity was given the 
 individual claimants to appear and assert their rights. By act of 
 the Choctaw Council, approved October 31, 1859, which was a short 
 time after the award was made by the Senate, a court of claims 
 was established to hear and determine the claims of all persons to 
 share in this award. This court was organized and held regular 
 sessions, but its sittings were discontinued by the breaking out of the 
 Civil War. Thereafter, under act of the general council of the 
 Choctaw Nation, approved in 1872 and 1875, the court was reestab- 
 lished and machinery was provided for the adjudication of all in- 
 dividual claims. This court heard and allowed claims of this char- 
 acter to the amount of $825,000, and by act of the Choctaw Council 
 of November 6, 1888, provision was made for the payment of these 
 claims. The acts of October 21, 1859, and of November 6, 1888, are 
 hereto attached, marked Appendix No. 5. A copy of the acts of 1872 
 and 1875 can not be obtained, but their purport is shown bv reference 
 thereto in the act of 1888. 
 
 It will thus be seen that the Choctaw Nation in receiving this 
 monej 7 and undertaking to settle all claims arising under the treat} 7 
 of 1830 and properly chargeable against the moneys received from 
 said award, made every offort to ascertain to whom the award was 
 due, and paid out the money to the original claimants or their heirs 
 or representatives, if they were dead, under the supervision of the 
 United States authorities. 
 
 It has been argued by those in favor of this bill that not one cent of 
 this award was paid to the Choctaw Indians in Mississippi. Whether 
 or not this is true, we are not prepared to sa} 7 . We have, however, 
 already shown that 3,400 of the fourteenth-article claimants emi- 
 grated to Indian Territory between the years 1838 and 1855, and 
 that many more of them emigrated west from the close of the Civil 
 War to the year 1896. It is undoubtedly true that at the time this 
 award was paid, which was in the year 1889, at least 80 per cent 
 of the original fourteenth-article claimants or their descendants 
 had removed to Indian Territory. If those who still remained in 
 Mississippi at that date made no claim to this money, and received 
 no part thereof, it was not the fault of the Choctaw Nation, which 
 provided ample machinery for the determination of individual 
 claims included in this award. The fact that the Mississippi Indians 
 did not participate or attempt to participate in that part of the 
 award which covered the net proceeds derived from the sale of the 
 Choctaw tribal lands in Mississippi is referred to by the court in the 
 Amos case as a strong argument against their right to participate 
 in the distribution of the tribal property of the Choctaws in the 
 Indian Territory. In any event if the Mississippi Indians have any 
 legal or equitable claims against the Choctaw Nation for any part of 
 the net proceeds judgment, and we think we have shown that they 
 have not, the relief granted them should only be the amount to which 
 they were entitled, with interest, and this could only be determined 
 by a readjudication of their claims. They would in no case be en- 
 titled to citizenship in the Choctaw Nation simply because they had 
 failed to get their part of the original judgment. 
 
 We will now proceed to a consideration of more recent legislation 
 on this subject. The Commission to the Five Civilized Tribes was 
 created by the act of Congress approved March 3, 1893 (27 Stat. L., 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 19 
 
 645), for the purpose of treating with the several nations in the 
 Indian Territory in an endeavor to procure an allotment of the 
 lands of the said nations in severalty to the Indians belonging to each 
 such nation or tribe, to procure agreements with the tribes for this 
 purpose, and to obtain a winding up of the tribal affairs with a view 
 to the ultimate creation of the territory embraced by said tribes into 
 a State of the Union. 
 
 By the act of June 10, 1896 (29 Stat. L., 321), the commission was 
 authorized and directed to hear and determine the applications of 
 all persons who might apply to them for citizenship in any of the 
 said nations, and in passing on said applications was instructed to 
 give due force and effect to the rolls, usages, and customs of the 
 tribe in which the applicant claimed citizenship. An appeal was 
 provided for from a decision of the commission on these applications 
 to the United States courts in Indian Territory. Under this legis- 
 lation the commission received and passed on several thousand ap- 
 plications, among which was that of the Jack Amos Band of Missis- 
 sippi Choctaws, and out of the commission's decision in their case 
 arose the decision of the United States court in the case of Jack 
 Amos et al. v. The Choctaw Nation, which has heretofore been re- 
 ferred to, and in which the court held that Mississippi Choctaw 
 Indians were not entitled to citizenship in the Choctaw Nation or 
 to participate in the distribution of the tribal property of the Choctaw 
 and Chickasaw Indians unless they removed and took up their resi- 
 dence within the boundaries of said nation. 
 
 The first mention of the Mississippi Choctaws in this enrollment 
 legislation is found in the act of June 7. 1897 (30 Stat. L., 83). in 
 which appears the following: 
 
 That the commission appointed to negotiate with the Five Civilized Tribes 
 in the Indian Territory shall examine anil report to Congress whether the Mis- 
 sissippi Choctaws under their treaties are not entitled to all the rights of Choc- 
 taw citizenship, except an interest in the Choctaw annuities. 
 
 Under this provision of law the commission proceeded to the State 
 of Mississippi and thoroughly investigated the rights of this class of 
 Indians, and under date of January 28, 1898, submitted a report to 
 Congress wherein the whole question was discussed and the follow- 
 ing finding was made: 
 
 It follows, therefore, from this reasoning, as well as from the historical re- 
 view already recited, that the nature of the title itself, as well as all stipula- 
 tions concerning it in the treaties between the United States and the Choctaw 
 Nation, that to avail himself of the " privileges of a Choctaw citizen " any 
 person claiming to be a descendant of those Choctaws who were provided for 
 in the fourteenth article of the treaty of 1S30 must first show the fact that he 
 is such descendant and has in good faith joined his brethren in the Territory 
 with the intent to become one of the citizens of the nation. Having done so, 
 such person has a right to be enrolled as a Choctaw citizen and to claim all the 
 privileges of such a citizen, except to a share in the annuities. And that other- 
 wise he can not claim as a right the " privilege of a Choctaw citizen." 
 
 Under the act of June 28, 1898 (30 Stat, L., 495), which is known 
 as the Curtis Act, the commission was authorized — 
 
 To determine the identity of Choctaw Indians claiming rights in the Choctaw 
 lands under article 14 of the treaty between the United States and the Choctaw 
 Nation concluded September 27, 1830, and to that end may administer oaths, 
 examine witnesses, and perform all other acts necessary thereto, and make 
 report to the Secretary of the Interior. 
 
20 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 This act provided for the enrollment of the citizens and freed- 
 men entitled to allotment in the Five Civilized Tribes. But it will 
 be noted that no authority was given for the enrollment of the Mis- 
 sissippi Choctaws, the commission being directed to determine the 
 identity of such Indians claiming rights under the treaty. This act 
 also provided that no person should be enrolled as entitled to an 
 allotment in any of the five tribes unless he had in good faith removed 
 to and settled within the Nation, in which he claimed citizenship, on 
 or before the date of the approval of said act. But a proviso was in- 
 serted that this provision should not be construed as militating 
 against any rights or privileges which the Mississippi Choctaws 
 might have under the laws or treaties of the tribes. 
 
 Under this authority the commission again proceeded to Missis- 
 sippi, and numerous hearings were had in that State and the States 
 of Alabama and Louisiana. These hearings were well advertised, 
 and an opportunity was given to everyone who claimed any right as 
 a Mississippi Choctaw Indian to appear before the commission and 
 assert his claim. Under this law a list was made up of Indians 
 claiming rights under the fourteenth article of the treaty of 1830. 
 This list contained the names of 1,923 persons, and has been desig- 
 nated the McKennon roll. But it must be borne in mind that this 
 was not a roll of citizenship, but was prepared under the authority 
 contained in the act of June 28, 1898, which only authorized the com- 
 mission to determine the identity of Choctaw Indians claiming rights 
 under the treaty of 1830. 
 
 The next legislation on this subject is found in the act of May 31, 
 1900 (31 Stat. L., 221), which is as follows: 
 
 That any Mississippi Choctaw duly identified as such by the United States 
 Commission to the Five Civilized Tribes shall have the right, at any time prior 
 to the approval of the final rolls of the Choctaws and Chickasaws by the Secre- 
 tary of the Interior, to make settlement within the Choctaw-Chickasaw country, 
 and, on proof of the fact of bona fide settlement, may be enrolled by the said 
 United States commission and by the Secretary of the Interior as Choctaws 
 entitled to allotment: Provided further. That all contracts or agreements look- 
 ing to the sale or incumbrance in any way of the lands to be allotted to said 
 Mississippi Choctaws shall be null and void. 
 
 Under this law the commission continued to receive and consider 
 the applications of Mississippi Choctaw Indians. 
 
 The next legislation on the subject is found in the act of July 1, 
 1902 (Stat. L., 611), which is known as the supplemental agreement 
 between the Choctaw and Chickasaw Nations and the United States. 
 It was found in the previous investigation of the commission that 
 many of the Choctaw Indians residing in Mississippi were full 
 bloods, and through ignorance and lack of information as to their 
 family history were unable to prove that they were descendants of 
 persons who had complied or attempted to comply with article 14 
 of the treaty of 1830. Accordingly, when the supplemental agree- 
 ment was drawn up, a rule of evidence was established in favor of 
 these persons to the effect that all full-blood Choctaw Indians should 
 be deemed to be Mississippi Choctaws entitled to the benefits of 
 said article, and proof of the fact that they were full bloods was all 
 that was required of them in order to entitle them to the indentifica- 
 tion. 
 
 It has been charged in the hearings had on the matter that a 
 mixed-blood applicant was compelled under the act to prove that he 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 21 
 
 or his ancestor had complied with the provisions of the 14th article, 
 and as only 143 heads of families had received patents most of the 
 applicants were cut off from identification by reason of this require- 
 ment. This charge is not true. In the identification of applicants 
 under the acts of June 28, 1898, and July 1, 1902, proof that the ap- 
 plicant was a descendant of one of the scripees, of whom we have 
 shown there were more than 4,000, was sufficient to entitle an appli- 
 cant to identification, and any other proofs which the applicant could 
 submit tending to show that his ancestor had attempted to comply 
 with the 14th article was received and considered in the adjudication 
 of his case. (See Appendix No. 7.) 
 
 The report of the Commissioner to the Five Civilized Tribes for 
 the year ending June 30, 1907, shows on page 12 that 24,634 persons 
 applied to the commission for identification as Mississippi Choctaws 
 under the act of June 28, 1898, and of July 1, 1902. Applications 
 were received from all over the United States, and the record made 
 up in these cases shows that in the large majority of the same the 
 prsons were basing their right to enrollment simply on the fact that 
 they had some Indian blood in their veins, in most cases the amount 
 claimed being very small. Every opportunity was given to the ap- 
 plicants to prove their claim. These records, which are now on file 
 :n the Department of the Interior, are the most voluminous of all 
 the enrollment records passed upon by the commission and the de- 
 partment, and in many cases rehearings were granted two or three 
 limes, and the decisions were held open for a period of four or five 
 years, in order to give the applicants every opportunity to prove their 
 contention. 
 
 Under this legislation the total number identified was 2,534, and 
 by the terms of the act of July 1, 1902, a copy of which is hereto at- 
 tached, marked "Appendix No. 6," the persons so identified were given 
 six months after the notice of identification within which to remove 
 to the Indian Territory. Many of the Indians so identified were full 
 bloods and did not have the means or inclination to remove them- 
 selves. Accordingly, by the act of Congress approved March 3, 
 1903, there was appropriated the sum of $20,000 to assist in the 
 removal of these Indians to Indian Territory and their subsistence 
 after removal. Two hundred and ninety full-blood Indians were 
 removed at the expense of the Government under this appropriation, 
 and many hundreds of others either removed at their own expense 
 or were removed by others and filed on allotments. One thousand 
 and seventy-two persons who were identified failed to remove to 
 Indian Territory, or, if they removed, returned to their former 
 homes without submitting proof of their removal and settlement 
 within the time required by law. Several reasons may be assigned 
 for the failure of these persons to take advantage of their indentifica- 
 tion. The commissioner in his report states some of these reasons 
 as follows: 
 
 First. That many of them did not appreciate the value of allot- 
 ment in the Choctaw-Chickasaw country; 
 
 Second. That some of them were very poor and had no means for 
 transportation; 
 
 Third. That s<ane of them who had removed became sick and died 
 during the first winter after removal, and- 
 
22 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS, 
 
 Fourth. That those who survived advised their friends and rela- 
 tives in Mississippi and Alabama of their experiences, which dis- 
 couraged them in making attempt at removing. 
 
 As a matter of fact, most of the persons who failed to remove were 
 full bloods, and would not remove at the present time if given an 
 opportunity to do so. One of the writers of this brief has had occa- 
 sion to visit the full-blood Indians remaining in Central Mississippi 
 and Louisiana on several occasions. He found them poor, but con- 
 tented with their lot. In conversation with them it was stated by 
 them in many cases that if they had to remove to Oklahoma in order 
 to get allotments they did not care to have them, as they preferred 
 the home of their fathers to the new land in the West. It was also 
 ascertained from conversation with intelligent planters in the vicin- 
 ity in which these Indians live, that the white inhabitants of Mis- 
 sissippi and Louisiana discourage the removal of the Indians as 
 much as possible, as the Indians constitute the most satisfactory 
 labor which the white men can find in these States. Many of those 
 now in Mississippi have gone to Indian Territory and, after staying 
 a short time, returned voluntarily to their former homes. These have 
 reported to those who have not emigrated and all are satisfied to re- 
 main where they are. If they were removed to Oklahoma, and we 
 do not understand Iioav anyone can contend that they are rightfully 
 entitled to share in the lands of the Choctaw and Chickasaw Nations 
 without removing, their action would probably be similar to the 
 action of other bodies of Indians who have removed to Oklahoma 
 from time to time, and just as soon as they were able to get enough 
 money to do so, they would return to their homes in the East. This 
 disposition of the Mississippi Choctaw Indians is well exemplified 
 in the report of the Commission to the Five Civilized Tribes, sub- 
 mitted to the Secretary of the Interior under date of March 10, 1899. 
 
 A portion of that report is as follows : 
 
 The Choctaw government in Indian Territory made repeated efforts to 
 secure the removal of the Mississippi Choctaws to the Choctaw country, the 
 last effort in this direction occurring in 1891, when the National Council of the 
 Choctaw Nation, by art approved October 20, 1891, generously made an appro- 
 priation for the purpose of paying the expenses of certain Choctaw families 
 therein named, and providing for the appointment of two commissioners to 
 proceed to the State of Mississippi to collect said families and conduct them to 
 the Choctaw country. Said commissioners performed this duty and a number 
 of families removed to Indian Territory and remained there until after the 
 payment of the " leased district " money, when, as we are informed, they re- 
 turned to the State of Mississippi. 
 
 It will be impossible to force these Indians to remove to Oklahoma, 
 and if it were possible or practicable there would be no way of keep- 
 ing them there, and as soon as they were able to do so, they would 
 sell or abandon their allotments and return to their haunts in the 
 East. 
 
 Sentimentalists may deplore the condition of these Indians, but 
 it is doubtful whether their lot Avould be as desirable or happy from 
 their standpoint if they were removed from their present environ- 
 ments. The Mississippi Choctaw Indian, by reason of long separa- 
 tion from the Indians of the West, has come to be a class by himself. 
 These Indians present as distinct characteristics and difference from 
 the Choctaw Indians in Oklahoma as though they were members of 
 an entirely different tribe. In traveling through Oklahoma the Mis- 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 23 
 
 sissippi Choctaw can always be distinguished from the descendants 
 of the early emigrants. In Oklahoma they adopt the same manner 
 of living as they at present have in Mississippi, that is, they remain 
 in an isolated state, huddled together in small bands, making no effort 
 to associate with or become a part of the Choctaw citizenship of the 
 West. 
 
 The First Assistant Secretary of the Interior, on July 2, 191-2, sub- 
 mitted a report to the chairman of the Committee on Indian Affairs 
 of the House of Representatives, in which the Mississippi Choctaw 
 question is discussed at length. Tn that report he refers to the bill 
 under discussion and states: 
 
 I am advised that if the work of reinves igating and readjudicating the 
 claims of Mississippi Choctaws be undertaken along the broad lines outlined in 
 the bill introduced by Mr. Harrison, the work can not be accomplished within 
 the time prescribed therein: thai if the applicants are required to establish 
 that they or some one of their ancestors were beneficiaries under article 14 
 of the treaty of 1830. a vast amount of evidence will necessarily have to be 
 taken covering {he family history of the applicants for more than so years; 
 and that this work would be a repetition of work which has already been 
 accomplished and in the great majority of cases would be of no benefit what 
 ever to the applicants. 
 
 He further says in said report: 
 
 With respect to the 1.070 persons who were identified as Mississippi Choctaws, 
 but who failed to prove the facts of removal and settlement iu the Choctaw 
 and Chickasaw country, it may be said that, irrespective of their unfortunate 
 condition of poverty and ignorance, there is grave question whether there is 
 just ground, legal or equitable, for holding the Choctaw and Chickasaw Na- 
 tions responsible for ibis failure to comply with the law. In fact, it may be 
 urged by the tribes that responsibility, if any, rested upon the United States 
 instead. 
 
 After fully going into the question from all standpoints, the Sec- 
 retary concludes with the following: 
 
 In view of the facts stated above, I am of the opinion that the bill should not 
 be enacted into law. 
 
 As stated by the Secretary, this bill provides for a general reopen- 
 ing of this whole subject, and the read judication under an identical 
 law of the rights of these parties. As a matter of fact, many per- 
 sons who were entitled to identification under the act of July 1, 1902, 
 would be wholly unable to prove their claim under the provisions of 
 the Harrison bill, and we can conceive of no case which would re- 
 ceive favorable consideration under the Harrison bill but what would 
 have received a favorable decision, upon the submission of proper 
 proof, under the former enrollment acts. The only difference is 
 that the enrollment acts required the removal to and settlement within 
 the Choctaw-Chickasaw country, which the Harrison bill does not 
 require. 
 
 We believe that a careful consideration of the foregoing argument 
 and citations will convince any fair-minded man that the Mississippi 
 Choctaw Indian has been given every opportunity under the several 
 laws and treaties to obtain a share of "the tribal property of the Choc- 
 taw and Chickasaw Nations; that the Choctaws and Chickasaws 
 have always been willing to meet these Indians more than half way. 
 and that these two tribes have clone all in their power to obtain the 
 affiliation of their absentee brothers with them. However, if this 
 argument has not succeeded in entirely convincing the Members of 
 
24 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 Congress, there is one other phase of the matter which has not here- 
 tofore been touched upon, but which absolutely settles the whole con- 
 troversy. 
 
 The treaty of 1830 was entered into between the Choctaw Indians 
 and the United States more than 82 years ago. So far as we know, 
 no one of the beneficiaries of the fourteenth article of this treaty is 
 still alive. The last clause of that article, under which this claim 
 arose, is as follows : 
 
 Persons who claim under this article shall not lose the privilege of a Choctaw 
 citizen, but if they ever remove are not to be en'itled to any portion of the 
 Choctaw annuity. 
 
 We contend and we believe that an analysis of this article will 
 bear out this contention: That the rights guaranteed the Choctaws 
 taking advantage of the fourteenth article were personal rights. 
 Those identical Choctaws who desired to remain in the States and 
 become citizens of them were permitted to do so by complying with 
 certain provisions therein set forth, and upon doing so were entitled 
 to reservations in Mississippi, and the further right was given to such 
 persons to remove to the Choctaw Nation west and become citizens 
 of said nation, Avith all the rights of citizenship, except to share in 
 the annuities. No word appears in said article granting any rights 
 or benefits to the descendants of the fourteenth-article beneficiaries. 
 
 The purpose of the removal of the nation to the west has been 
 clearly shown. It was intended to remove all of the Indians out 
 of the States, so that conflicts between the United States and the 
 States would not arise over the government of the Indian country. 
 The Indians would not agree to the treaty until provision was made 
 for those who desired to remain and become citizens of the States, 
 but an asylum was provided for those who remained, provided they 
 should ever find conditions too hard for them in the States. They 
 could reaffiliate themselves with the Choctaw Nation and again be- 
 come citizens of that nation with all the privileges of citizenship, 
 except a share of the annuities. But it is inconsistent with the whole 
 theory of removal of these Indians to the west to construe article 
 14 as holding out the right of removal perpetually. 
 
 When the scheme of the allotment of lands and distributions of 
 tribal property was taken up, it became necessary to make rolls of 
 citizenship. Of necessity some period had to be fixed for the closing 
 of these rolls. Before the act of July 1, 1902, was assented to by 
 the tribes, it was insisted that a clause be incorporated providing 
 that the rolls of citizenship be closed. The work of enrollment had 
 been going on since the passage of the act of June 10, 1896, and a 
 comprehensive scheme was provided by the act of July 1, 1902, for 
 the reception of the applications of any persons who have not sub- 
 mitted their application under the former act, and for the final com- 
 pletion of the rolls. 
 
 After thus taking every precaution to see that ample opportunity 
 had been given every one desiring to submit an application for 
 enrollment there was inserted in this act the following provision: 
 
 Sec. 35. No person whose name does not appear upon the rolls as herein pro- 
 vided shall be entitled to in any manner participate in the distribution of the 
 common property of the Choctaw and Chicksaw Tribes, and those whose names 
 appear thereon shall participate in the manner set forth in this agreement. 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 25- 
 
 This provision was one of the inducements held out to the Choctaw 
 and Chickasaw Indians to obtain their assent to the preparation of 
 the rolls of citizenship of their tribes by the United States and the 
 scheme for the allotment of their lands in severalty and the gradual 
 incorporation of their domain and citizens into a State of the Union. 
 
 By this agreement no new applications for the identification of 
 persons as Mississippi Choctaws could be received after six months 
 after the ratification of the agreement. This gave to the Mississippi 
 Choctaws until March 25, 1903, within which to submit their appli- 
 cations for identification, which was three months more time than 
 was granted to any other class of applicants for citizenship. Ap- 
 pointments were made by the commission for hearings in Mississippi 
 and Louisiana for the purpose of receiving any belated applications 
 during the six month- provided by this last act, but nearly all of 
 the Mississippi Choctaw applications had already been . submitted 
 under the former law. 
 
 Evidence was received in the cases already presented until the 
 closing of the rolls, and they were all decided under the law set 
 forth in the Gift case ( Appendix No. 7). which permitted the identi- 
 fication of the descendants of scripees. Congress fixed the period 
 for the closing of the rolls as March 4, 1907, thus giving Mississippi 
 Choctaws a period of 11 years after the first enrollment work was 
 started within which to prove their claims and make settlement 
 within the Choctaw-Chickasaw country. 
 
 It is true that descendants of fourteenth-article beneficiaries have 
 been from time to time in large numbers admitted to citizenship in 
 the Choctaw Nation upon their removal to and settlement within the 
 boundaries of said nation, and it is also true that in the treaty of 
 July 1. L902, the right of full citizenship upon removal was granted 
 by the tribe for a definite time to these persons, but there is no war- 
 rant of law or merit in the contention that the Choctaw Indians yet 
 in Mississippi, who did not avail themselves of the benefits granted 
 by the agreement of July 1. 1902. are as a matter of right now enti- 
 tled to a" share in the distribution of the property belonging to the 
 Choctaw Nation in the West, 
 
 Even admitting that the fourteenth article of the treaty of 1830 
 meant all that is claimed for it by the proponents of this bill, the 
 rights of these claimants would be barred by the provisions of the 
 act of Congress of July 1, 1902. That Congress had the right to pro- 
 vide how the rolls of citizens should be made up and how citizen- 
 ship should be determined is too well settled now to permit of serious 
 contradiction. The mere expectation of a share in the tribal lands 
 and moneys of the Choctaw and Chickasaw Tribes is not a vested 
 property right, The Supreme Court, in the case of Stephens v. 
 Cherokee Nation (174 U. S., 445-488), uses the following language: 
 
 But in any aspect we are of opinion that the constitutionality of these acts in 
 respect of the determination of citizenship can not be successfully assailed on 
 the ground of the impairment or destruction of vested rights. The lands and 
 moneys of these tribes are public lands and public moneys. an<l are not held in 
 individual ownership, and the assertion by any particular applicant that his 
 righl therein is so vested as to preclude inquiry into his status involves a con- 
 tradiction in terms. 
 
 Congress, in providing for the preparation of rolls upon which the 
 tribal property was to be distributed, gave ample time to every ap- 
 
26 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 plicant to submit his case. It also made residence in the tribe or 
 removal thereto within a definite time a prerequisite to citizenship 
 and provided that applications must be submitted within a specified 
 time and that the rolls be closed on a definite date. The time during 
 which the rolls were in preparation extended over a period of 11 
 years, and it was provided that " no person whose name does not 
 appear upon the rolls as herein provided shall be entitled to in any 
 manner participate in the distribution of the common property of the 
 Choctaw and Chickasaw Tribes." 
 
 That this legislation is a proper exercise of the power of Congress 
 over the Indians is shown by a number of decisions of the Supreme 
 Court. (See Choctaw Nation v. United States, 119 U. S., 1 ; Stephens 
 v. Cherokee Nation, 174 U. S.. 445; Cherokee Nation v. Hitchcock. 
 187 IT. S.. 294: Lonewolf v. Hitchcock, 187 IT. S.. 553; Wallace v. 
 Adams. 204 U. S., 415; Gritts v. Fisher, 224 IT. S., 640.) 
 
 The Choctaws and Chickasaws have always been ready to deal 
 with great liberality toward their absentee brothers. During all the 
 time that they maintained their own governments they have stood 
 with open arms to welcome these absentees into their midst. But we 
 do not know of any single case in all the history of these tribes Avhere 
 anyone has been considered or found entitled to citizenship or to any 
 of the benefits arising therefrom without taking up his residence in 
 the Choctaw-Chickasaw country and showing his desire to affiliate 
 with them. All of the Mississippi Choctaw legislation since 1896, 
 when the United States took over the control of the affairs of these 
 two tribes, has been purely in the nature of a gratuity, except in rare 
 instances where one of the original fourteenth-article beneficiaries 
 might have applied, and we do not feel that after our affairs were 
 administered by the United States for a period of 11 years and rolls 
 of citizenship were made and the allotments have all been completed 
 that the Choctaw and Chickasaw Indians should be called upon to do 
 anything further toward this class of Indians. 
 
 If there is any relief which the United States desires to give 
 them, we will not be heard in any way to object, provided the United 
 States furnishes this relief from its own land and funds, for we do 
 not believe that any benefits which can be given by Congress to 
 any Indians can repay the debt which our Government owes in 
 general to the North American Indian. If there were any wrongs 
 done the Choctaw Indians under the treaty of 1830, and history 
 shows that there were many and flagrant wrongs perpetrated, they 
 were not done by one Indian against another or one class of Indians 
 against another, but were done by the Government of the United 
 States or its officers. If these people, then, yet remaining in Mis- 
 sissippi are entitled to any relief, it is not the part of justice to right 
 one wrong by committing another, and the Congress of the United 
 States can not in good conscience repay any debt owed to the Mis- 
 sissippi Choctaw Indians by forcing the Choctaw and Chickasaw 
 Indians, who breasted a wilderness and suffered untold hardships 
 in conquering that wilderness and making possible the rich and 
 populous State of Oklahoma, to share the comparatively small 
 rewards of their labor and suffering with the Mississippi Indians, 
 who took so little interest in the struggle ard hardships of their 
 brothers in the West as not even to be willing to move there after the 
 
MEMORIAL OP THE CHOCTAW AND CHICKASAW NATIONS. 27 
 
 wilderness was overcome and assist in the maintenance of the tribal 
 governments. 
 
 If this legislation is enacted into law, it will mean a delay in the 
 final winding up of the affairs of these two tribes of at least five 
 years; it will necessitate the reception and consideration of thousands 
 of applications of persons whose cases have already been thoroughly 
 <.d indicated or who had an opportunity to have them adjudicated 
 under former acts: and it will be another case of violated treaty 
 obligations with these two tribes, of which history shows too many 
 alread} 7 , and will be an act of oppression and injustice visited upon 
 them such as we can not believe Congress will seriously consider 
 when ;ill I lie facts in the case are placed before it. 
 
 We therefore ask for careful consideration of the facts and argu- 
 ments herein set forth and request that the bill under consideration 
 receive unfavorable action. 
 Respectfully submitted. 
 
 Vhtoi: M. Locke, Jr., 
 Principal Chief of the Choctaw Nation. 
 By P. J. HniLKv, 
 National Attorney for the Choctaw Nation. 
 Douglas II. Johnston, 
 Governor <>i tin Chickasaw Nation. 
 By Geo. D. Rogers, 
 National Attorney for tin Chickasaw Nation. 
 
 Appendix No. 1. 
 
 Chap, xxxix. An act for the appointment of commissioners to adjust the claims to 
 reservations of land under tli<> fourteenth article of the treaty of eighteen hundred and 
 thirty with the Choctaw Indians. 
 
 Be it enacted by the Senate and House of Representatives of the United 
 States of America in Congress assembled, That there sli:i 11 be appointed by the 
 President, by and with the advice and consent of the Senate, three commis- 
 sioners whoso duty it shall ho to meet in the State of Mississippi at such time 
 and place, as the President shall appoint and designate, and there proceed to 
 ascertain the name of every Choctaw Indian who was the head of an Indian 
 family at the date of the treaty at Dancing Rabbit Creek, who has not already 
 obtained a reservation under said treaty, and who can show by satisfactory 
 evidence that he or she complied or offered to comply with all the requisites 
 of the fourteenth article of said treaty, to entitle him or her to a reservation 
 under said article; and also the number and names of all the unmarried chil- 
 dren of such heads of families who formed a part of the family and were over 
 ten years of age, and likewise the number and names of the children of such 
 heads of families as were under ten years of age, and report to the President, 
 to be by him laid before Congress, all the names of such Indiaus, and the dif- 
 ferent sections of land to which such heads of families were respectively enti- 
 tled, together with the opinions of the commissioners, and whether any part of 
 said lands have been sold by the Government, and the proofs applicable to 
 each case. 
 
 Sec. 2. And he it further enacted, That before entering upon their duties 
 each of said commissioners shall, before some judge or justice of the peace, 
 take an oath faithfully to discharge the duties imposed by this act. 
 
 Sic. 3. And be it further enacted, That said commissioners are hereby au- 
 thorized to appoint a secretary, whose duty it shall be to record correctly all 
 the proceedings of said board and faithfully preserve the same as well as all 
 depositions and other papers filed before said board, and who shall take an 
 oath to discharge the duties imposed on him by this act. 
 
28 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 Sec. 4. And be it further enacted, That upon the request of the commis- 
 sioners it shall be the duty of the district attorney of the State of Mississippi 
 to attend said board and give his assistance in procuring the attendance of wit- 
 nesses, and his aid and advice in their examination, the better to enable the 
 commissioners to ascertain the facts correctly in each case. 
 
 Sec. 5. And lie it further enacted, That each of said commissioners shall 
 receive, while in the discbarge of the duties hereby imposed, a salary at the 
 rate of three thousand dollars per annum, the secretary a salary at the rate of 
 fifteen hundred dollars per annum, and the district attorney a salary at the 
 rate of two thousand dollars per annum, to be paid quarterly out of any money 
 in the Treasury not otherwise appropriated. 
 
 Sec. 6. And be it further enacted. That said commissioners shall have full 
 power to summon and cause to come before them such witnesses as they may 
 deem necessary, and to have them examined on oath, and if any witness sball 
 testify falsely, with an intention to mislead said commissioners, such witness 
 shall be guilty of wilful and corrupt perjury, and shall upon conviction before 
 any jurisdiction having cognizance thereof suffer the punishment by law in- 
 flicted on those guilty of that offence. 
 
 Sec. 7. And he it further enacted. That nothing contained in this act shall be 
 so construed as to sanction what is called contingent locations which have 
 been made by George M. Martin for the benefit of such Indians as were sup- 
 posed to have been entitled to other lands which have been sold by the United 
 States, such contingent locations having been made without any legal authority, 
 it being the true intend of this act to reserve to Congress the power of doing 
 that which may appear just when a correct knowledge of all the facts is 
 obtained. 
 
 Sec. 8. And be it further enacted, That this act shall be in force ro the first 
 day of March, eighteen hundred and thirty-eight, next, and no longer. 
 
 Approved, March 3. 1S37 (5 Stat. L., ISO). 
 
 Chai\ XIII. An act to amend an ail entitled "An act for the appointment of commis- 
 sioners to adjust the claims to reservations of land under the fourteenth article of the 
 treaty of eighteen hundred and thirty with the Choctaw Indians." 
 
 Be it enacted by the Senate and House of Representatives of the United States 
 of America in Congress assembled. That the commissioners provided for in the 
 act hereby amended, or a majority of them, shall have full power and authority 
 to adjourn their sessions to such place or places, within the State of Missis- 
 sippi, as in their judgment the interest of the Government and of the claimants 
 may require such sessions to be held. 
 
 Sec. 2. And be it further enacted. That in the case of the death, resignation, 
 or absence of any one of the said commissioners the remaining two commission- 
 ers shall have full power and authority to proceed and execute the powers 
 given by this act or the act hereby amended. 
 
 Sec. 3. And be it further enacted. That the said commissioners shall have all 
 the powers of a court of record for the purpose of compelling the attendance of 
 witnesses, administering oaths, touching matters depending before them, pre- 
 serving order, and punishing contempts; and shall have power to make all 
 needful rules for the regulation of the proceedings before them, as well as to 
 employ one or more interpreters, and one or more agents to collect testimony 
 for the United States. 
 
 Sec. 4. And be it further enacted, That for defraying the contingent expenses 
 of the said commission the sum of five thousand dollars be, and the same is 
 hereby, appropriated out of any money in the Treasury not otherwise appro- 
 priated. 
 
 Sec. 5. And be it further enacted, That the said act shall be and remain in 
 force until the first day of August next. 
 
 Sec. 6. And be it further enacted, by the authority aforesaid. That the com- 
 pensation to be made to the district attorney for his services shall be equal to 
 the compensation allowed to a commissioner under the act hereby amended. 
 
 Sec. 7. And be it further enacted, That nothing contained in this act. or the 
 act which this is intended to amend, shall be so construed as to embrace the 
 claim of any Indian or head of a Choctaw family who has removed west of the 
 Mississippi River. 
 
 Sec. 8. And >< it further enacted, That if it shall be proved to the satisfaction 
 of said commissioners that any claimant has attempted, or shall attempt, to 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 29 
 
 substitute the child of any other Indian as and for his own, or has attempted 
 or shall attempt, by his testimony, to substitute for the child of any other 
 claimant the child of another Indian, the name of such claimant so attempting 
 to make such substitution sball be stricken from the lisr of claimants. 
 Approved, February 22, 183S (5 Stat. L., 211). 
 
 Appendix Xo. 2. 
 
 Chat. CLXXXVII. An ad to provide for the satisfaction of claims arising under the 
 fourteenth and nineteenth articles of the treaty of Dancing Rabbit Creek, concluded in 
 September, one thousand eighl hundred and thirty. 
 
 Be it enacted by the Senate and House of Representatives of the United States 
 of America in Congress assembled, That the ad approved on the third of March, 
 eighteen hundred and thirty-seven, entitled "An act for the appointment of 
 commissioners to adjust the claims to reservations of land under the fourteenth 
 article of the treaty of eighteen hundred and thirty, with the Choctaw In- 
 dians: and also the ad approved on the twenty-second day of February, 
 eighteen hundred and thirty-eight, entitled "An act to amend an act entitled 
 'An act for the appointmenl of commissioners to adjust the claims to reserva- 
 tions of land under the fourteenth article of the treaty of eighteen hundred and 
 thirty, with the Choctaw Indians," so far as the same are not repealed or 
 modified by the provisions of this act." lie. and the same are hereby, revived 
 and continued in force until the powers conferred by this act shall be fully 
 executed, subject, nevertheless, to repeal or modification by any act of Con- 
 gress. And all the powers and duties of the commissioners are hereby ex- 
 tended to claims arising under the nineteenth article of the said treaty, and 
 under the supplement to the said treaty, to be examined in the same manner 
 and with the same effect as in cases arising under the fourteenth article of 
 the said treaty: Provided, That the salary of said commissioners shall not 
 exceed the rate of two thousand live hundred dollars per annum. 
 
 Sec. 2. And be it further enacted, That subpoenas for the attendance of wit- 
 nesses before the said commissioners, and process to compel such attendance 
 may be issued by the said commissioners, or any two of them, under their seals 
 in the same manner and with the same effect as if issued by courts of record, 
 and may be executed by the marshal of any district, or by any sheriff, deputy 
 sheriff, or other peace officer designated by the said commissioners, who shall 
 receive for such services the same fees as are allowed in the district court 
 of the United States for the district in which the same shall be rendered for 
 similar services, to be paid, on the certificate of the commissioners, out of 
 the contingent fund appropriated by the fourth section of the act secondly 
 above recited, which was approved on the twenty-second clay of February, 
 one thousand eight hundred and thirty-eight, and which is revived by this act: 
 Provided, That nothing herein contained shall be construed to revive such por- 
 tion of the act approved the third day of March, one thousand eight hundred 
 and thirty-seven, referred to in the first section of this act, as provides for 
 the employment and pay of the district attorney of either of the districts of 
 the State of Mississippi. 
 
 Sec.3. Ami be it further enacted, That when the said commissioners shall have 
 ascertained that any Choctaw has complied or offered to comply with all the 
 requisites of the fourteenth article of the said treaty to entitle him to any res- 
 ervation under that article, which requisites are as follows, to wit: That said 
 Choctaw Indian did signify his or her intention to the agent in person, or by 
 some person duly authorized and especially directed by said Indian to signify 
 the intention of said Indian to become a citizen of the State, within six months 
 from the date of the ratification of the said treaty, and had his or her name, 
 within the time of six months aforesaid, enrolled on the register of the Indian 
 agent aforesaid for that purpose; or shall prove to the entire satisfaction of 
 the said commissioners and to the Secretary of War that he or she did signify 
 his or her intention, within the term of six months from the date of the ratifi- 
 cation of the treaty aforesaid, if his or her name was not enrolled in the reg- 
 ister of the agent aforesaid, but was omitted by said agent; and, secondly, that 
 said Indian did, at the date of making said treaty, to wit, on the twenty-seventh 
 day of September, eighteen hundred and thirty, have and own an improvement 
 in the then Choctaw country; and that having and owning an improvement at 
 the place and time aforesaid did reside upon that identical improvement, or a 
 
30 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 part of it. for the term of five years continuously next after the ratification of 
 said treaty, to wit, from the twenty-fourth of February, eighteen hundred and 
 thirty-one, to the twenty-fourth of February, eighteen hundred and thirty-six, 
 unless it shall be made to appear that such improvement was, before the twenty- 
 fourth day of February, eighteen hundred and thirty-six, disposed of by the 
 United States, and that the reservee was dispossessed by means of such disposi- 
 tion; and. thirdly, that it shall be made to appear to the entire satisfaction of 
 said commissioners and to the Secretary of War that said Indian did not receive 
 any other grant of land under the provisions of any other article of said treaty; 
 and, fourthly, that it shall be made to appear in like manner that said Indian 
 did not remove to the Choctaw country west of the Mississippi River, but he or 
 she had continued to reside within the limits of the country ceded by the Choc- 
 taw Indians to the United States by said treaty of twenty-seventh September, 
 in the year eighteen hundred and thirty, it shall be the duty of said commis- 
 sioners, if all and each of the above requisites shall be made clearly to appear 
 to their satisfaction and the Secretary of War shall concur therein, to proceed 
 to ascertain the quantity of land to which said Indian, by virtue of the four- 
 teenth article of said treaty, is entitled to, which, when ascertained, shall be 
 located for said Indian, according to sectional lines, so as to embrace the im- 
 provement, or a part of it. owned by said Indian at the date of said treaty: and 
 it shall be the duty of the President of the United States to issue a patent to 
 said Indian for said land if he or she be living, and if not to his or her heirs 
 and legal representatives; and in like manner shall the commissioners afore- 
 said ascertain the quantity of land granted by said article to each child of 
 said Indian, according to the limitations contained in said article, and locate 
 said quantity for said children contiguous to and adjoining the improvement 
 of the parent of such child or children ; and the President shall issue a patent 
 for each tract of land thus located to said Indian child if living, and if not to 
 the heirs and legal representatives of such Indian child. But if the United 
 States shall have disposed of any tract of land to which any Indian was entitled 
 under the provisions of said fourteenth article of said treaty, so that it is now 
 impossible to give said Indian the quantity to which he is entitled, including 
 his improvements, as aforesaid, or any part of it, or to his children on the ad- 
 joining lands, the said commissioners shall thereupon estimate the quantity to 
 which each Indian is entitled and allow him or her for the same a quantity of 
 land equal to that allowed, to be taken out of any of the public lands in the 
 States of Mississippi, Louisiana, Alabama, and Arkansas, subject to entry at 
 private sale: and certificates to that effect shall be delivered, under the direc- 
 tion of the Secretary of War. through such agent as he may select, not more 
 than one-half of which shall be delivered to said Indian until after his removal 
 to the Choctaw territory west of the Mississippi River. The said commissioners 
 shall also ascertain the Choctaws, if any, who relinquished or offered to relin- 
 quish any reservations to which he was entitled under the nineteenth article 
 of the said treaty, or whose reservations under that article had been sold by 
 the United States: and shall also determine the quantity to which such claim- 
 ant was entitled, and the quantity of land which should be allow r ed him on ex- 
 tinguishment of such claim at the rate of two-fifths of an acre for every acre 
 of the land to which said claimant was entitled, said land having been esti- 
 mated under this article at fifty cents per acre: Provided, nevertheless, That no 
 claim shall be considered or allowed by said commissioners for or in the name 
 or behalf of any Indian claimant whose name does not appear upon the lists or 
 registers of claimants made by Major Armstrong, special agent for that purpose, 
 in conjunction with the three chiefs of the three Choctaw districts, and returned 
 to the Department of War in January, eighteen hundred and thirty-two. and 
 who does not appear from those registers to be entitled to a reservation under 
 said nineteenth article. 
 
 Sec. 4. And be il further enacted, That the said commissioners, within two 
 years from the time of their entering upon the duties of their offices, and as 
 often as shall bo required by the President of the United States, shall report 
 to him their proceedings in the premises, with a full and perfect list of names 
 of all the Choctaws whom they shall have determined to be entitled to reserva- 
 tions under this act: the quantity of land to which each shall be so entitled, 
 the number of claims which can be located according to the provisions of the 
 fourth section of this act, and such as cannot be located according to the pro- 
 visions of the fourth section of this act; and the powers and duties of the 
 
MEMORIAL OF THE CHOCTAW AXD CHICKASAW NATIONS. 31 
 
 said commissioners shall cease at the expiration of two years from the time 
 of the iiisi organization of the board; and their proceedings may be terminated 
 by the Presidenl at any time previous to the expiration of the said two years. 
 
 Sec. 5. And b< it further enacted, That the commissioners to be appointed 
 under this act shall also ascertain and determine the quantity of land to which 
 i ny Choctaw or other person Darned in the supplement to the said treaty of 
 Dancing Rabbit ('reck was entitled by virtue thereof, and which such person 
 has by any means been prevented from receiving. 
 
 Sec. 6. Ind be it further enacted, That if the President of the United States 
 shall approve and confirm the determination of the commissioners heretofore 
 appointed to investigate the claims existing under the fourteenth article of the 
 said treaty of Dancing Rabbil Creek, in any case, he shall cause to be delivered 
 to the claimant, if be be a Choctaw [ndian, bis legal representatives or heirs, 
 certificates, as provided by the fourth section of this act, for the quantity of land 
 to which such claimant shall appeal', by such determination, to have been en- 
 titled, in lull satisfaction and discharge of such claim: Provided, Such determi- 
 nation was made by adhering, in every instance, to the requisites contained in 
 the fourth section of this aci : Ind provided, also. That said claims, nor either 
 of them, cannot now be located, according to the provisions of the fourth section 
 of litis act. 
 
 Sec. 7. And b< it further enacted, That distinct accounts shall be kept of the 
 certificates issued in satisfaction of the claims provided for by this act. and of 
 all expenses attending the execution of the same; and the amount thereof shall 
 be retained and withheld from any distribution to the States. 
 
 Sec 8. And be it further enacted, That uothing in this act contained shall be 
 so construed as to authorize the said commissioners to adjudicate any claim 
 which may be presented by a white man who may have had, or now has, an 
 Indian wife or family; and any patent to land which shall issue on any Indian 
 claim under the provisions of the treaty aforesaid shall be issued to the Indian 
 to whom the claim is allowed if living, and if dead to his or her heirs and legal 
 representatives, any act of Congress or usage or custom to the contrary not- 
 withstanding. 
 
 Sec 0. And he it further enacted, That no claim shall be allowed under the 
 fourteenth article of said treaty if the said commissioners shall he satisfied by 
 such proof as they may prescribe that said claim had been, previous to the 
 expiration of five years from the ratification of said treaty, assigned, either 
 in whole or in part: and in case of a partial assignment or agreement for an 
 assignment thereof the same shall be allowed so far only as the original Indian 
 Claimant was at that date the bona fide proprietor thereof. 
 
 Sec. 10. And be it further enacted, That all claims under either of the articles 
 of said treaty mentioned above, or the supplemental articles thereof, which 
 shall not be duly presented to said commissioners for allowance within one 
 year after the final passage of this act shall be thereafter forever barred. 
 
 Approved. August 23, 1842 (5 Stat. L., 513). 
 
 Appendix Xo. 3. 
 
 Act of Congress approved March :;. 1845 (5 Stat. L., 111). 
 
 Thai of the scrip which has been awarded or which shall be awarded to 
 Choctaw Indians under the provisions of the law of twenty-third August, one 
 thousand eight hundred and forty-two, that portion thereof not deliverable 
 East by the third section of said law in these words. " not more than one-half 
 of which shall be delivered to said Indian until after his removal to the Choc- 
 taw territory, west of the Mississippi River." shall not be issued or delivered 
 in the West, but the amounts awarded for land on which they resided, but 
 which it is impossible for the United States now to give them, shall carry an 
 interest of five per cent, which the United States will pay annually to the 
 reservees under the treaty of one thousand eight hundred and thirty, respec- 
 tively, or to their heirs and legal representatives forever, estimating the land 
 to which they may be entitled at one dollar and twenty-five cents per acre: 
 Provided further, That so much of the law of twenty-third August, one thousand 
 eight hundred and forty-two, as is inconsistent herewith is hereby repealed. 
 
32 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 Act of Congress approved July 21, 1852 (10 Stat. L., 19). 
 
 For the interest on the amount awarded Choctaw claimants under the four- 
 teenth article of the treaty of Dancing Rabbit Creek, of twenty-seventh of 
 September, eighteen hundred and thirty, for lands on which they resided, but 
 which it is impossible to give them, and in lieu of the scrip that has been 
 awarded under the act of twenty-third of August, eighteen hundred and forty- 
 two, not deliverable east, by the third section of said law. per act of third 
 of March, eighteen hundred and forty-five, for the half year ending thirtieth 
 of June, eighteen hundred and fifty-two, twenty-one thousand eight hundred 
 dollars : Provided, That after the thirtieth day of June, eighteen hundred and 
 fifty-two, all payments of interest on said awards sball cease, and that the 
 Secretary of the Interior be, and he is hereby, directed to pay said claimants 
 the amount of principal awarded in each case, respectively, and that the amount 
 necessary for this purpose be, and the same is hereby, appropriated, not exceed- 
 ing eight hundred and seventy-two thousand dollars: Provided further. That 
 the final payment and satisfaction of said awards shall be first ratified and 
 approved as a final release of all claims of such parties under the fourteenth 
 article of said treaty, by the proper national authority of the Choctaws, in such 
 form as shall be prescribed by the Secretary of the Interior. 
 
 Act of Congress approved August 30, 1852 (10 Stat. L., 42). 
 
 That the Secretary of the Interior be, and he hereby is, authorized to examine 
 the reservation claims of the Choctaws known as Bay Indians and of those 
 Choctaws in whose cases the scrip awarded by the late board of commissioners 
 has not been issued; and where he shall find that such Indians are clearly 
 entitled to land under the fourteenth article of the treaty of eighteen hundred 
 and thirty, and under the several acts heretofore passed in relation to such 
 claims, he is hereby authorized to extend to such claimants the provisions 
 applicable to such claims in the acts of twenty-third August, eighteen hundred 
 and forty-two, and of third March, eighteen hundred and forty-five. 
 
 Act of Congress approved March 3, 1853 (10 Stat. L., 227). 
 
 That the authority of the Secretary of the Interior to examine the claims of 
 Choctaws to reservations of land under the treaty of eighteen hundred and 
 thirty shall extend to all cases recommended by either of the boards of com- 
 missioners appointed to examine said claims, and his awards in scrip shall be 
 received by them in full satisfaction of their claims aganst the Government 
 arsing under said treaty, and the scrip thus awarded shall be received as other 
 warrants in payment for any public lands subject to sale at private entry. 
 
 Appendix !No. 4. 
 
 LAWS PASSED BY THE GENERAL COUNCIL OF THE CHOCTAW NATION AT ITS REGULAR 
 SESSION COMMENCING OCTOBER G, 1890. 
 
 No. 16. 
 
 An act recognizing certain persons as citizens of this nation. 
 
 Be it enacted by the General Council of the Choctaw Nation assembled. That 
 Sandos Amos, his wife Ann, and William Amos, and Solomon Wilson and wife 
 and their four children, all full-blood Choctaws and lately come to this nation 
 from Mississippi, be, and they are hereby, recognized as citizens of the 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 33 
 
 Choctaw Nation', and entitled to all the rights, privileges, and immunities of 
 citizens, and this act shall take effect and be in force from and after its 
 passage. 
 
 Approved, Oct. 29, 1890. 
 
 W. N. Jones, 
 Principal Chief of the Choctaw Nation. 
 
 No. 17. 
 
 An act conferring citizenship on certain persons named. 
 
 Be it enacted by the General Council of the Choctaw Nation assembled, That 
 Sexton Amos, Mat Sukke, Amos Bell, Jimson Bell. John Alnsion, Sarah Wilson, 
 Isaac Wilson, Mary Wilson, Eve Wilson. Horace Wilson. Thomas Barney, Isaac 
 Simpson, and Tom Y.-irk. all late of the State of Mississippi, are hereby recog- 
 nized as citizens of this nation and entitled to all the rights, privileges, and 
 immunities of citizens of this nation, and this act shall take effect and be in 
 force from and after its passage. 
 
 Approved, Oct. 30, L890. 
 
 W. N. Jones, 
 Principal Chief of the Choctaw Nation. 
 
 No. 25. 
 
 An act conferring citizenship on Mrs. Trehern and other Mississippi Choctaws. 
 
 /.v it enacted by the General Council of the Choctaw Nation assembled, That 
 Mrs. Trehern and her children, Joel Trehern, Joseph Trehern, Laura (Trehern) 
 Walker, her husband Sam Walker and two childi en. Hannah (Trehern) 
 Deloach, her husband Joseph Deloacb and their three children, all late of the 
 siatc of Mississippi, be, and are hereby, recognized as citizens of the Choctaw 
 Nation and entitled to all the rights, privileges, and immunities of citizens of 
 this nation, and this act shall take effect and be in force from and after its 
 passage. 
 
 Approved. Oct. 31, 1X90. 
 
 W. N. Jones, 
 Principal Chief of the Choctaw Nation. 
 
 No. -i:;. 
 
 An act recognizing the citizenship of Willis Jackson and his family. 
 
 Be il eWadted by the General Council of the Choctaiv Nation assembled, That 
 Willis Jackson, his wife Mary Jackson and their children Minnie, Sam. Folsom, 
 Laura, and Kdmond Jackson, late of the State of Mississippi, are hereby rec- 
 ognized and declared to be citizens of this nation and entitled to all the rights, 
 privileges, and immunities of other citizens of this nation, and this act shall take 
 effect and be in force from and after its passage. 
 
 Approved, Nov. 13. 1S90. 
 
 W. N. Jones, 
 Principal Chief of the Choctaiv Nation. 
 
 No. 44. 
 
 An act making appropriation for the relief of Matt Sakki et al. 
 
 Be it enacted by the General Council of the Choctaw Nation assembled, That 
 the sum of seventy-five dollars is hereby appropriated, out of any money in the 
 treasury not otherwise appropriated, for the purpose of aiding Matt Sakki, 
 Isaac Siinsin, and Tom Yark, lately arrived from Mississippi, and to enable 
 them to pay their board and traveling expenses while attending the general 
 council for 'the purpose of having themselves recognized as citizens of this 
 nation, and this act shall take effect and be in force from and after its passage. 
 
 Approved. Nov. 14, 1890. 
 
 W. N. Jones, 
 Principal Chief of the Choctaw Nation. 
 82675—13 3 
 
34 MEMORIAL OP THE CHOCTAW AND CHICKASAW NATIONS. 
 
 Laws Passed by the General Council of the Choc taw Nation at its Special 
 Session Convened on April Oth, 1801. 
 
 No. 2. 
 
 An act for the relief of certain Mississippi Choctaws. 
 
 ' Be it enacted by the General Council of the Choctaw Nation assembled, That 
 the sum of two hundred and ninety-five dollars is hereby appropriated out of 
 any money in the treasury not otherwise appropriated to reimburse Cornelius 
 Hickman and family (4), Presley Isham and family (4), Nat Sakki (1 ). Dixon 
 Ripley (1), Taylor Bell (1), Jane Sakki (1), Lee Nobbee (1), Tom Sakki and 
 family (5), James Sakki (1), Alex Sakki (1), Isaac Simpson and family (5), 
 and Matt Sakki and family (3), Choctaws (late arrivals from the Slate of Mis- 
 sissippi) for their expenditures while immigrating, and to enable them to 
 obtain the necessaries of life, they having arrived too late last year to raise 
 a crop of any kind ; and this act shall take effect and be in force from and after 
 its passage. 
 Approved, April 4, 1891. 
 
 W. N. Jones, 
 Principal Chief of the Choctaw Nation. 
 
 No. 8. 
 An act admitting certain Mississippi Indians to citizenship. 
 
 Be it enacted by the General Council of the Choctaw Nation assembled, That 
 Mrs. Anna Boyd. Mrs. Lenas Southerland, Mrs. Ozie Travis, Mrs. M. William, 
 Choctaws lately from the State of Mississippi, and full sister of C. A. Bilbo, 
 who has been heretofore admitted, and their descendants be, and they are 
 hereby, declared citizens of the Choctaw Nation. 
 
 Be it further enacted that this act. take effect and be in force from and after 
 its passage. 
 
 Approved, April 8, 1S91. 
 
 W. N. Jones, 
 Principal Chief of the Choctaw Nation. 
 
 No. 15. 
 
 An act admitting certain Choctaws from Mississippi to citizenship in the Choctaw Nation. 
 
 Be it enacted by the General Council of the Choctaw Nation assembled, That 
 Joe Willis and his children, Nancy Selan, and Frank Willis and his sister Liney 
 Willis, and Billy Willis and his children Lee and Serena Willis, Thomson Bar- 
 nett, James Sakki and Thomas Sakki, and Wallace Sam and his wife Fannie 
 Sam and their children Milley, Jeruzy, Luke, Silley, Lizzie, Liza, and Era Sam, 
 all having just come from the old nation in Mississippi, are hereby admitted to 
 all of the rights and privileges of citizenship in the Choctaw Nation, and this 
 act shall take effect and be in force from and after its passage. 
 
 Approved, April 8, 1891. 
 
 W. N. Jones, 
 Principal Chief of the Choctaw Nation. 
 
 No. 16. 
 
 An act recognizing the citizenship of certain Mississippi Choctaws. 
 
 Be it enacted by the General Council of the Choctaw Nation assembled, That 
 following Mississippi Choctaws, late arrival, to wit: 1, Cornelius Hickman; 
 2, Eliza Ann Hickman ; 3, Jeff Hickman ; 4, Presley Isham ; 5, Ellen Isham ; 
 6, William Isham; 7, Nat Sakki; 8, Dixon Ripley; 9, Taylor Bell; 10, Alex 
 Sakki ; 11, Jane Sakki ; 12, Lee Nobbe ; 13, Henson Haltenstyle ; 14, Phoebe Hal- 
 tenstyle; 15, Milton Haltenstyle; 16, Jesse Haltenstyle; 17, Fall Haltenstyle, 
 are hereby recognized as citizens of this nation and are entitled to all the 
 rights and privileges and immunities of other citizens of this nation ; and this 
 act take effect and be in force from and after its passage. 
 
 Approved, April 9, 1891. 
 
 W. N. Jones, 
 Principal Chief of the Choctaw Nation. 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 35 
 
 No. 17. 
 An ad for the relief of certain Mississippi Choctaws. 
 
 Be it enacted by the General Council of the Choctaw Nation assembled, That 
 the sum of .$.",00 he, and the same is hereby, appropriated out of any mouey in 
 the treasury, aol otherwise appropriated, as a relief for the following late 
 arrivals from .Mississippi, to wit: 1. Joe Willis; 2, Nancy Willis; 3, Frank 
 Willis; i, Line; Willis; 5, Billy Willis; 6, Liza Willis; f. Serena Willis: 8, 
 Thompson Burney; 9, Wallace Sam; 10. Fannie Sam: 11, Jemzy Sam; 12, 
 Luke Sam: 13, Sally Sam: 14. Li/.a Sam; 15, Lizzie Sam; 10. Asa Sam; 17, 
 Henson Haltenstyle; is Phoebe Haltenstyle; 19, Milton Ilaitenstyle; 20. Jesse 
 Haltenstyle; 21, Fall Haltenstyle; 22, Sanders Amos; 2::. William Amos; 24, 
 Ann Amos; 25, John Amos; 26, Solomon Amos; 27, Fuss Amos; 28, casson 
 Wilson; 29, Belson Wilson; 30, .Medarial Wilson; ami this act to lake effect and 
 be ill force from and after its passage. 
 
 Approved, April 9, L891. 
 
 W. X. Jones. 
 Principal Chief of the Choctaw Nation. 
 
 Laws Passed by the General Council of the Choctaw Nation at Its 
 Regular Si nsion Convened in October, L891. 
 
 No. 14. 
 
 An act for the relict' of twenty-six Choctaws lately from Mississippi. 
 
 Be it enacted by tin General Council of tin Choctaw Vation assembled, 
 Section 1. Thai the sum of two hundred ami sixty dollars is hereby appro- 
 priated for the relief of James Phillips and twenty-five others, whose names 
 are heretoto attached; thai the national auditor shall issue his warrant on the 
 treasurer and he shall pay the same. 
 
 Si;e. 2. That this act lake effeel and he in force from and after its passage. 
 Approved, October 21, 1891. 
 
 W. N. Jones, 
 Principal chief of the Choctaw Nation. 
 
 No. 27. 
 An act conferring citizenship on Henrj Lewis, Mississippi Choctaw. 
 
 Be it enacted by tin General Council of the Choctaw Nation assembled, That 
 one Henry Lewis, late of the State of Mississippi, is hereby recognized as a 
 citizen of this nation, and entitled to all flu 1 rights, privileges, and immunities 
 of a citizen of this nation, and this act shall take effect and be in force from 
 and after its passage. 
 
 Approved, October 27. 1891. 
 
 W. N. Jones, 
 Principal citicf of the Choctaw Nation. 
 
 No. 13. 
 
 An act in relation to the appointing commissioners to remove the Choctaws from the 
 
 State of Mississippi. 
 
 Section 1. H< it en<<<'te<l by the (lateral Council of the Choctaw Nation 
 assembled. That there is hereby appropriated, out of any money in the national 
 treasury not otherwise appropriated, and placed in the hands of commissioners 
 (to be appointed by the principal chief), the sum of seventeen hundred and 
 ninety-two dollars and fifty cents ($1,792.50) upon the certificate of the prin- 
 cipal chief to the national auditor, then the auditor shall issue his warrant to 
 the national treasurer, and the national treasurer shall pay the same for the 
 purpose of paying the expenses of the following-named Choctaws who now re- 
 side in the State of Mississippi; that is. 
 
 Wesley Williams .and 6 in family. Rufus York and 6 in family. Charley York 
 and 5 in family. Ton, York and 2 in family. Sampson York and 3 iu family, 
 
36 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 Dixon York and 6 in family, Scott Burnie and 3 in family, Robert Anderson 
 and 4 in family, Edmond Martin and 3 in family, Ben Sakke and 3 in family. 
 John Sakke and 5 in family, William Cultie and 5 in family, Martin Worlark 
 and 8 in family, Dixon Willis and 4 in family, Tom Cheto and 11 in family, Tom 
 Davis and 7 in family. James Battiest and 1 In family, Davis Welch and 4 in 
 family. Sakkee Susan and 7 in family. Sis Simm and 3 in family, Jack Columbus 
 and 2 in family, Thomas Benton and 3 in family, Willie and 4 in family, W. E. 
 Martin and 4 in family. Joe Yale and 3 in family, Billy Gipson and 1 in family, 
 Thompson Baker and 1 in family, making in all one hundred and fourteen 
 persons. 
 
 Sec. 2. Be it further enacted, That the principal chief shall appoint two com- 
 missioners, who shall proceed at once to the State of Mississippi, collect up 
 said Choctaws, and bring them to this nation. Said commissioners to be ap- 
 point ed and commissioned by the principal chief and to take the required oath 
 of office before any judge of a court of record of this nation, and to give bond, 
 payable to the principal chief, to be approved by the said judge, in the sum of 
 seventeen hundred and ninety-two dollars and fifty cents (1,792.50) for the 
 faithful performance of their duties, and that the sum of eight hundred dollars 
 (800) is hereby appropriated, out of any money in the national treasury not 
 otherwise appropriated, to said commissioners, and upon presenting their com- 
 mission to the national auditor he shall draw his warrant on the treasury for 
 the sum of eight hundred dollars in favor of said commissioners, and the 
 national treasurer shall pay the same. 
 
 Sec. 3. Be it further enacted, That the said eight hundred dollars ($800) — 
 that is, $400 each to said commissioners — shall be in full compensation for their 
 service as such commissioners. 
 
 Sec. 4. Be it further enacted. That said commissioners shall make a full re- 
 port of their actions to the next general council at its next regular term in 
 Oct., 1892, and to return any balance of money on hand to the national treas- 
 urer; and this act shall take effect and be in force from and after its passage. 
 
 Approved October 20, 1891. 
 
 J. H. Bryant, 
 Acting Principal chief of the Choctaw Nation. 
 
 Laws of the General Council of the Choctaw Nation Passed at its Regular 
 Session in the Y t ears 1895 and 1896. 
 
 Bill No. 2. 
 Resolution in regard to citizenship cases. 
 
 Section 1. Be it resolved by the General Council of the Choctaw Nation as- 
 sembled, That all parties who claim citizenship to the Choctaw Nation, and 
 intend proving the same, are hereby notified that they must file their petitions, 
 as the law directs, on or before November 15th, 1895, as after said date no peti- 
 tions will be entertained by the Choctaw Nation, and all parties who have their 
 petitions filed are hereby notified that they must come forward and prosecute 
 the same at once. 
 
 Sec. 2. Be it further resolved, That the national secretary is hereby requested 
 to have this resolution printed in all the principal papers in the Choctaw and 
 Chickasaw Nations, and that the sheriffs of each county are hereby notified to 
 post this resolution in conspicuous places in their respective counties. 
 
 Approved, October 16, A. D. 1S95. 
 
 Jeff Gardner, 
 Principal Chief of the Choctaw Nation. 
 
 Bill No. 5. 
 An act recognizing the citizenship of certain Mississippi Choctaws. 
 
 Be it enacted by the General Council of the Choctaw Nation assembled, That 
 the following Mississippi Choctaws, late arrivals, to wit. Wm. Child, Mary 
 Child, Martin Child, and Emil Child, Lester Jackson, Wilson Jackson, George 
 Jackson, Joe Lewis, Amy Jackson, are hereby recognized as citizens of this 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 37 
 
 nation, and are entitled to all the rights, privileges, and immunities of other 
 citizens of tliis nation; and this acl take effect and be in force from and after 
 its passage. 
 Approved, October 16, 1895. 
 
 Jeff Gardner. 
 Principal Chief of the Choctaw Nation. 
 
 Bill No. 22. 
 An aci admitting certain Choctaws from Louisiana to citizenship. 
 
 Section 1. />'< it enacted by the General Council of the Choctaw Nation as- 
 sembled, l'liai Jim Jackson, Emma Jackson, William Murphy, Martin Jackson, 
 Fannie Jackson, .Mary Jackson, Jim Jackson, jr., Sophy Jackson. Frank Jack- 
 son. Bankston Johnson, and John Dorsetl arc hereby admitted to all the rights 
 and privileges of citizenship in the Choctaw Nation, and thai this act shall take 
 effeel and be in force from and after its passage. 
 Approved, October 28, 1895. 
 
 Jeff Gardner, 
 Principal Chief of the Choctaw Nation. 
 
 Bill No. 36. 
 
 An .- 1 < • i admitting certain Choctaws from Mississippi to citizenship in the Choctaw Nation. 
 
 B( it enacted by the General Council of the Choctaw Vation assembled, That 
 Sarah Whittle and her children, to wit; Arcolah Whittle, age 22; Napoleon 
 Whittle, age L8; Carrie Whittle, age 16; John Whittle, age 11: Arthur Whittle. 
 age 11; Alma Whittle, age 7: Madge Lamar Whittle, age 5; and Clarence 
 Whittle, age '■'•. are hereby admitted to all the rights, privileges, and immunities 
 Of citizenship in the Choctaw Nation, and this act take effeel and be in force 
 from and after ils passage. 
 
 Approved, November 5, 1895. 
 
 Jeff G ^rdner, 
 Principal Chief of the Choctaw Vation. 
 
 Bnx No. 38. 
 A'i art admitting Betty A Lewis and others. 
 
 Section 1. Be it enacted by the General Council of the Choctaw Vation as- 
 sembled, That Betty A. Lewis and her children, to wit. Frank Lewis, age 16: 
 Bettie Lewis, age 11: May Lewis, age 1<>: Annie, age 8; Cora, age 6 years; 
 Curtis, age 1 years; Alice, age 2 years: Winnie, age 6 months, are hereby 
 admitted to all the rights, privileges, and immunities of other Choctaws. and 
 this act lake effect and he in force from and after its passage. 
 
 Approved, No\ ember 6, 1 895. 
 
 Jeff Gabdnek, 
 Principal Chief of the Choctaw Nation. 
 
 Bill No. 43. 
 An act admitting Billy Baker and other Mississippi Indians to citizenship. 
 
 Section 1. />'< if enacted by tttc <'<<ncr<il council of tin Choctaw Vation as- 
 sembled, Thai Lilly Baker, his children, Oscar Baker, age 15 years: Annie 
 Laker, age 10 years': Sally Laker, age 7 years: and Solomon John, age 22 years; 
 Susan John, age IP years; Sissy John, age i:; years: and Hickman Lewis, age 
 27. all late arrivals from Mississippi, be and they are hereby admitted to all 
 the rights and privileges in said Nation, of other Choctaws. 
 
 Sec. ■_'. Be it further enacted, That this act take effect and be in force from 
 and after its passage. 
 
 Approved, November 8, 1S95. 
 
 Jeff Gardner. 
 Principal Chief of the Choctaw Nation. 
 
38 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 Bill No. 44. 
 An act admitting Louis Traheon and his children to citizenship. 
 
 Section 3. Be it enacted by the General Council of the Choctaw Nation as- 
 sembled. That Louis Traheon and his children. Willie May Traheon, age - 
 years: F. Traheon. age 6 months, be admitted to all the rights, privileges, and 
 immunities with other Choctaws, and that this act take effect and be in force 
 from and after its passage 
 
 Approved. November 9. 1895. 
 
 Jeff Gardner, 
 Principal' Chief of the Choctaw Nation. 
 
 Bill No. 52. 
 An act admitting Mattie Baggetl and children. 
 
 Section 1. Be it enacted by the General Council of the Choctaw Nation as- 
 sembled, That Mattie Baggett and her children. Willie Baggett. age 5 ; Gracy 
 Baggett. age 6; and Ida Jane Baggett. age 9 months, be admitted to the 
 rights and privileges of citizenship of other Choctaws. and that this act take 
 effect and be in force from and after its passage. 
 
 Approved. November 11, 1895. 
 
 Jeff Gardner. 
 Principal chief of the Choctaw Nation. 
 
 Appendix No. 5. 
 
 An act entitled "An act defining the duties and powers of the commissioners, the jurisdic- 
 tion of the court of claims, fixing their pay. and for other purposes." 
 
 Section 1. Be it enacted by the General Council of the Choctaw Nation, That 
 whereas the Senate of the United States has awarded to the Choctaws the net 
 proceeds of the land ceded by them to the United States by the treaty of Dancing 
 Rabbit Creek, September, A. D. 1830. deducting therefrom the proper expendi- 
 tures for surveying, selling, &c. 
 
 Sec 2. Be it further enacted. That whereas the Choctaws, by the 12th article 
 of the treaty of June 22d. 1S55. accepted the same in full satisfaction of national 
 and individual claims, thereby becoming liable and assuming the payment of 
 individual claimants. 
 
 Sec 3. Be it further enacted, That the three commissioners now appointed 
 under 6th section of the constitution and two others to be appointed by the 
 governor, who. after being commissioned and qualified according to law, shall 
 be, and the same are hereby, constituted a court of claims, who. before entering 
 upon the duties of their office, shall take the oath of office prescribed in the 
 constitution, which oath may be administered by the governor or judge of any 
 court of record. 
 
 Sec 4. Be it farther enacted. That the court of claims shall have jurisdiction 
 over all claims for self-emigration, all claims under the 14th and I'.tth articles 
 of the treaty of September, 1S30. and also claimants under the supplement, 
 claims for lost property in emigrating to this nation during the years 1831, 2, 
 and 3. and for property scheduled to the General Government agents. 
 
 Sec 5. Be It farther enacted. That all claims against the nation shall be 
 brought within 18 months from and after the passage of this act, and not there- 
 after. Claimants shall have the right to appear before said court of claims 
 in proper person or by attorney: provided, that none shall be attorneys except 
 those legally qualified' to practice before the courts of this nation, being citizens 
 thereof. 
 
 Sec 6. Be it further enacted. That said court of claims shall, as well as 
 claimants, have the power to summon any person or persons as witnesses on 
 the part of the nation, and in ease the personal attendance of the summoned 
 can not be had depositions may be taken by either party before any judge or 
 other officer legally qualified to administer an oath, sufiicient notice being given 
 to the adverse party of the time and place of taking the same. 
 
 Sec 7. Be it further enacted, That the court of claims shall choose from 
 among themselves the presiding commissioner, who shall be styled the chief 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 39 
 
 commissioner, and enter the same on the minutes of the court, and said chief 
 commissioner shall have power to sign the minutes and certify any matter of 
 fad of record in said court. 
 
 Si i . 8. />'< it further enacted, Thai the court of claims shall have power to 
 appoint :i clerk, by and with the advin- of the governor, i<> hold his office as 
 long as business may require, hut may be removed for any good and sufficient 
 cause from office. Said clerk shall take the oath of office prescribed in the 
 i i 1 1 1 1 i < • 1 1 before any judge of a court of record, and shall be allowed for his 
 services three dollars per day. payable quarterly out of the national treasury 
 by certified certificate from under the hand and seal of the chief commissioner 
 of the court. 
 
 Sec. 9. />' it further enacted, Thai for preventing errors in entering upon the 
 judgmenl or orders of said couii the minutes of the proceedings every day 
 shall be drawn up by the clerk before the next day's sitting of the court, when 
 the same shall be read in open court and such corrections as may be necessary 
 made and then signed by the chief commissioner of the court, and carefully 
 preserved in a well-bound book to be kepi for the purpose, if accessary, of 
 making n pro rata paymenl on adjudicated claims of judgmenl rendered, and 
 the last day of eac-li sitting of said court the proceedings of the day shall be 
 drawn up, read, corrected, and signed on the same day as aforesaid. 
 
 Sec. 10. />'• ii -further enacted, Thai the commissioners shall for their services 
 P( eive three dollars for every day they shall be actually engaged in the dis- 
 charge of their duties as commissioners, payable quarterly ou1 of any funds in 
 the National Treasury nol otherwise appropriated — a certificate, under the hand 
 and seal of the chief commissioner, of the uumber of days and the amount shall 
 be presented to the Auditor, who shall issue his warrant on the National Treas- 
 urer for the same. 
 
 ind i" it further enacted, That the witness or witnesses appearing in behalf 
 of the nation in the court of claims will be allowed two cents per mile and fifty 
 cents per day in attending the above said court, out of any money in the 
 Treasury uol otherwise appropriated, on the order or certificate of the chief 
 commissioner, to the National Auditor for the same. 
 
 Sec. ii. /;- ii further enacted, That in case any vacancy shall occur in the 
 court of claims, either by death, resignation, or removal from office, the gov- 
 ernor shall have power to till such vacancy by appointment. 
 
 Sec. IU. Be it further enacted, Thai in case of necessity the court shall have 
 power to appoini a bailiff who shall execute all orders of said court and for 
 his services shall receive the same a.s thai of constable for like services. 
 
 Sec. L3. B< it further enacted, Thai the said court shall hold its session at 
 the following places, to wil : Skullyville, one month, commencing 1st Monday 
 in January, L860; John Riddle's, two weeks, commencing 1st Monday in Feb- 
 ruary. I860; Boggy Depot, commencing third Monday in February, to hold two 
 weeks; Mayhevv. three weeks, commencing first Monday in March, I860; 
 Jno. Caffrey's, three weeks, commencing 4th Monday in March. 1860; Doaks- 
 ville, one month, commencing third Monday in April, 1860; Lukfatah, one 
 month, commencing third Monday in May. L860; .lessee McKinney's. two weeks. 
 commencing third Monday in June. I860. 
 
 Be il further rum-ted. That in case the said court of claims shall not com- 
 plete the adjudication of claims enrolled within specified times then additional 
 terms shall be held by said court; times and place to he fixed by said court for 
 final and entire adjudication. 
 
 Approved, October 21, 1S59. 
 
 An act making distribution of the "net proceeds" money arising under judgment of 
 the Court of Claims of the United States rendered on the 16th day of December, 
 A. D. 1886. 
 
 Section l. Be it enacted by the <;<u<r>i! Council of the Choctaw Nation assem- 
 bled, Thai the Principal chief of the Choctaw Nation is hereby authorized to ap- 
 poini i nrc competent persons as commissioners, one from each district, by and 
 with the advice and consenl of the Senate, who shall bo commissioned by the 
 principal chief, and before Lhey enter upon the discharge of their duties shall 
 lake the oath of office prescribed by the constitution, and they shall elect one 
 among themselves chief commissioner, and shall appoint a clerk and bailiff, 
 and a majority of the commissioners shall constitute a quorum for the dis- 
 patch of business. 
 
40 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 Sec. 2. Be it further enacted, That the duty of these commissioners shall be 
 to proceed as soon as practicable to ascertain the legal heirs of the individual 
 claims that have been adjudicated by the court of claims of the Choctaw 
 Nation under acts of the General Council approved 1872 and May, 1875, which 
 adjudication amounted to eight hundred and twenty-rive thousand dollars 
 ( $825,000.00). If no reasonable objection appears, the commission shall issue 
 certificates, signed by the commissioners present and attested by the clerk, for 
 the amount of such claims to the person entitled thereto, and the United 
 States Indian agent for the Five Civilized Tribes shall pay said certificates 
 out of the net proceeds money. 
 
 Sec. 3. Be it further enacted, That the United States Indian agent for the 
 Five Civilized Tribes is hereby authorized to make requisitions on the proper 
 authorities of the United States on behalf of the Choctaw Nation for sufficient 
 sums of money to pay the liabilities of the Choctaw Nation to the individual 
 claims that have been adjudicated, or may hereafter be adjudicated, by the 
 proper authorities of said Nation, and claims so adjudicated shall be reported 
 to the United States Indian agent for the Five Civilized Tribes by the com- 
 mission. The firs! requisition shall be for eight hundred and twenty-five 
 thousand dollars ($825,000.00), to lie paid to said agent out of the sum of one 
 million four hundred and thirty-six thousand two hundred and seven and 15/100 
 dollars ($1,436,207.15), balance due the Choctaw Nation under judgment of 
 the Court of Claims of the United States, rendered on the 16th day of Decem- 
 ber, 1886, for the purpose of settling the individual claims that have been 
 adjudicated by the court of claims of the Choctaw Nation, under acts of the 
 General Council approved 1ST2 and May. 1875. 
 
 Sec 4. Be il further enacted, That said commission, for the better convenience 
 of the claimants, shall bold their meetings at the following places, to wit: In 
 the first dislrk-1 at Poteau Station. Sans Bois court ground, and McAlester. 
 fifteen business days at each place. In the second district at the circuit court 
 ground at Sulphur Springs, Nashoba County, twenty business days, and at 
 Lukfatah. in Boktuklo County, ten business days. In the third district at the 
 circuit court grounds, in Jackson County, thirty business days, and at String- 
 town, in Atoka County, twenty business days, and in order to give every 
 claimant an opportunity to appear before said board the commission shall 
 hold thirty business days at Tushkahomma, which shall be the final meeting 
 of said commission. 
 
 Sec. 5. !>'■ it further enacted, That the clerk shall keep a fair ami correct 
 record of the proceedings of the commission, and the bailiff shall serve all 
 orders and commands of the commission and keep order during business hours, 
 and for that purpose lie is hereby authorized to arrest any person for disturb- 
 ing any person ;■) the place of meeting, attending to business or for any other 
 purpose, and turn such person over to the sheriff of the county where the 
 meeting is held. 
 
 Sec. 6. Be il further enacted, That said commission shall, under no circum- 
 stances, make allowance to any person whose claim has been rejected by the 
 revisory board held at Atoka in the year 1876. but may. and are hereby required 
 to, examine any new claim that may be presented and. if just, allow the same. 
 
 Sec 7. Be it farther enacted, That if a vacancy occurs by death or refusal to 
 serve the vacancy shall be filled by appointment of the principal chief: the 
 principal chief shall set the time for the first meeting of the commission, to be 
 held at Poteau Station, by giving fifteen days' notice to the commissioners, 
 and the commissioners shall give fifteen days' notice before meeting at each 
 place of meeting after the first meeting. 
 
 Sec. S. Be il further enacted, 'That said commission shall receive for their 
 services herein the sum of five dollars each per day and mileage ten cents per 
 mile actually traveled in going to and from each place of meeting. The clerk 
 and bailiff shall receive the same pay as ;i commissioner. The chief commis- 
 sioner shall issue certificate on the national auditor for the pay of the officers 
 of the commission, and the treasurer shall pay the same. 
 
 Sec 9. /»'» it further enacted, That said commission shall procure at the 
 expense of the Choctr.w Nation all stationery necessary to run the business of 
 the commission; the chief commissioner shall issue his certificate on the 
 national auditor for the amount necessary to pay for the stationery, and the 
 auditor issue his warrant on the treasurer for the same. 
 
 For the guidance of the commission in examining claims and issuing certifi- 
 cates, the principal chief is hereby authorized to immediately procure the roll of 
 the individual claimants that appears of record in the Interior Department at 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 41 
 
 Washington, D. C. at the expense of the Choctaw Nation, payable on the 
 certificate of the principal chief od the national auditor, and he shall issue 
 
 his warrant mi the treasurer for the same. All expenses incurred hy the 
 
 Choctaw Nation <>n accounl of the Courl of Claims shall be refunded out of 
 the net proceeds money after individual claims are paid. 
 
 Sec. 11. I'" it further enacted, Thai the national secretary is hereby directed 
 to furnish a certified copy of this act, one |<> the Commissioner of Indian Affairs. 
 one 10 the Secretary of the Interior, and one to the United stales Indian agenl 
 for the five Civilized Tribes; and all arts coming in conflicl with this act are 
 hereby repealed, and this act shall take effect and he in force from and after its 
 
 passage. 
 Approved, Nov. 6, 1888. 
 
 B. F. S MAI. I, WOOD. 
 
 Principal Chief of tin Choctaw x<iti<>n. 
 
 This is to certify that the above and foregoing (pages Nos. 1 5) is a true and 
 eorrecl copy from the original act now on file in this oiHee. 
 
 Witness ui\ hand and the seal of the Choctaw Nation this November 26, L888. 
 
 A. Ti i t.i . 
 National Secretary Choctaw Nation. 
 
 AlTI.MHX Nn. 6. 
 
 .-' 
 
 SUPPLEMENTAL A.GBEEMENT B] rWEl S Mil i NITED STATES AND Mil CHOCTAW AND 
 CHICKASAW NATIONS APPROVED P/5 ICTOl CONGRESS 01 JUL5 1. L902 (32 STAT. L., 
 P. 641). 
 
 M [SSISSIPP] < Itoi I V.WS. 
 
 41. All persons duly identified by the commission to the Five Civilized Tribes 
 under the provisions of section iM of the acl of Congress approved June us. L898 
 
 (30 Slats., 195), as .Mississippi Chodaws entitled to benefits under article 14 of 
 
 the treaty between the United states and the Choctaw Nation, concluded Sep- 
 tember -7. L830, may. at any lime within six months after the date of theii" 
 identification as Mississippi Choctaws by the said commission, make bona fide 
 settlement within the Choctaw Chickasaw country, and upon proof of such set- 
 tlement to such commission within one year after the date of their said identi- 
 fication as Mississippi Choctaws shall be enrolled by such commission as Mis- 
 sissippi Choctaws entitled to allotment as herein provided for citizens of the 
 tribes, subject to the special provisions herein provided as to Mississippi Choc- 
 taws, and said enrollment shall he final when approved by the Secretary of the 
 
 Interior. The application of no person for identification as a Mississippi choc- 
 taw shall be received hy said commission after six months subsequent to the 
 dale of the final ratification of this agreement, and in the disposition of such 
 
 applications all full -hi I Mississippi Choctaw Indians and the descendants of 
 
 any Mississippi Choctaw Indians, whether of full or mixed blood, who receive 
 B patent lo land under the said fourteenth article of the said treaty of eighteen 
 hundred and thirty who had not moved to and made bona fide settlement in the 
 Choctaw-Chickasaw country prior to June twenty-eighth, eighteen hundred and 
 ninety-eight, shall be deemed to he Mississippi choctaws. entitled to benefits: 
 under article fourteen of the said treaty of September twenty-seventh, eighteen 
 hundred and thirty, and to identification as such by said commission, but this 
 direction or provision shall be deemed to be only a rule of evidence and shall not 
 be invoked by or operate to the advantage of any applicant who is not a Mis- 
 sissippi Choctaw of the full blood or who is not the descendant of a Mississippi 
 Choctaw who received a patent to land under said treaty, or who is otherwise 
 barred from the righi of citizenship in the Choctaw Nation. All of said Mis- 
 sissippi Choctaws so enrolled by said commission shall be upon a separate roll. 
 
 42. When any such Mississippi Choctaw Shall have in good faith continuouly 
 resided upon the lands of the Choctaw and Chickasaw Nations for a period of 
 three years, including his residence thereon before and after snch enrollment, 
 he shall, upon <\\\i' proof of snch continuous bona tide residence made in such 
 manner and before such officer as may be designated by the Secretary of the 
 Interim-, receive a patent for his allotment, as provided in the Atoka agreement. 
 
42 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 and he shall hold the lauds allotted to him as provided in this agreement for 
 citizens of the Choctaw and Chickasaw Nations. 
 
 43. Applications for enrollment as Mississippi Choctaws. and applications to 
 have land set apart to them as such, must be made personally before the com- 
 mission to the Five Civilized Tribes. Fathers may apply for their minor chil- 
 dren : and. if the father be dead, the mother may apply: husbands may apply 
 for wives. Applications for orphans, insane persons, and persons of unsound 
 mind may be made by duly appointed guardian or curator, and for aged and 
 infirm persons and prisoners by agents duly authorized thereunto by power of 
 attorney, in the discretion of said commission. 
 
 44. If within four years after such enrollment any such Mississippi Choc- 
 taw or his heirs or representatives, if he be dead, fails to make proof of such 
 continuous bona fide residence for the period so prescribed, or up to the time of 
 the death of such Mississippi Choctaw, in case of his death after enrollment, he 
 and his heirs and representatives, if he be dead, shall be deemed to have ac- 
 quired no interest in the lands set apart to him. and the same shall be sold at 
 public auction for cash under rules and regulations prescribed by the Secretary 
 of the Interior, and the proceeds paid into the Treasury of the United States 
 to the credit of the Choctaw and Chickasaw Tribes, and distributed per capita 
 with other funds of the tribe. Such lands shall not be sold for less than their 
 appraised value. Upon payment of the full purchase price patent shall issue 
 to the purchaser. 
 
 Appendix No. 7, 
 
 November 23, 1904. 
 
 Commission to the Five Civilized Tribes, • 
 
 Muskogee, Ind. T. 
 
 Gentlemen : The department is in receipt of your report of June 3, 1904, 
 resubmitting the record in the matter of the application of Jim Gift, M. C. R. 
 1659, et al., for identification as Mississippi Choctaws, rendered in compliance 
 with departmental letters of February 25, 1903, and February 19, 1904. 
 
 From the testimony furnished by the witnesses in this case it appears that 
 Jim Gift, the principal applicant, through whom the others claim, was born in 
 Sumter County. Ala., a few years prior to the treaty of September 27, 1830. 
 He is of mixed Choctaw and negro blood. His mother was a Choctaw woman 
 named Lucy, who in early life lived in Greene County, Ala. From there she 
 removed to Sumter County, Ala., where the principal applicant was born, and 
 thence westward to Kemper County, Miss. In the latter county the principal 
 applicant lived until he became an old man. He has lived near Lockkart, 
 Lauderdale County, which is the county south of Kemper County, for the last 
 12 or 15 years. 
 
 It appears from the records of the Indian Office that in 1831 an application 
 was made by a Choctaw women named Lucy for the benefits of article 14 of the 
 treaty of September l'T. 1830. This application was made at the "old factory" 
 in Sumter County, Ala., which was situated within a few miles of her residence, 
 on behalf of herself and her children. No record was kept of her application, 
 and subsequently she presented an application in 1843 to the commissioners 
 acting under the act of Congress of August 23, 1842 (5 Stats., 513). As a 
 result of this application, scrip was issued to Lucy and to her children, among 
 whom was a child named Jimmy, who was under 10 years of age when the 
 treaty was made. 
 
 Out of the facts enumerated two questions arise : First. Is the testimony 
 sufficient to identity the applicant and his mother Lucy with the Jimmy and 
 Lucy of record to whom scrip was issued? ami. second, Is the issuance of scrip 
 under the act referred to sufficient evidence that the recipients of same com- 
 plied or attempted to comply, in person or otherwise, with the provisions of 
 article 14 of the treaty of September 27, 1830? 
 
 From your report of June 3. 1904, and decision of October 10, 1902, it appears 
 that you are of the opinion that the testimony of Jim Gift is unreliable and 
 that the testimony is accordingly insufficieut to identify the applicant as the 
 scripee of record. 
 
 Respecting the point of law involved, it further appears that you are of the 
 opinion that section 41 of the act of July, 1902 (32 Stats., 641>, contains no 
 express provision authorizing the identification of scripees and their descend- 
 ants. You arc. however, for the reasons stated by you, of the opinion that said 
 
 gD 1.4 & 
 
MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 43 
 
 section does not operate in any respeci to prevent the identification of persons 
 as Mississippi Choctaws who were entitled to identification as such prior to said 
 
 act, and thai scri] s and their descendants, where the facts are sufficient to 
 
 warrant the same, are still entitled to identification. 
 The Commissioner of Indian Affairs, in his report of December 16, 1902, and 
 
 the acting commissi r, in his report of November 2, 1904, are of the opinion 
 
 that tlic testimony is sufficient to establish thai Jim Gift and his mother Lucy 
 arc the identical Jimmy and Lucy to whom scrip was issued. The acting com- 
 missioner sets forth at considerable length his reasons Cor believing that the 
 testimony of Jim Gift is reliable, and could ool possibly be a fabrication. In 
 respeci to die point of law involved, the acting commissioner is also of the 
 opinion that persons entitled t,. identification before the act of July 1. 1002. 
 supra, were not. by virtue of thai act. barred from identification. He is of the 
 opinion, however, that section H thereof is in itself sufficienl authority for the 
 
 identification of scri] S ami their descendants as Mississippi Choctaws. 
 
 Whether the acting commissioner's view as to section -1 1 is correel or not. the 
 result of this case will he the same. 
 
 The department has compared the testimony furnished by the applicants 
 and their witnesses with the information furnished by the Indian Office, and 
 is satisfied that if the testimony is to he accepted as reliable it is sufficienl 
 to establish the conclusions of the Indian Office as to the questions of fact 
 involved. The testimony connected with the parentage of Jim Gifl showing his 
 mixture of African and Choctaw blood, his mother's name and her various 
 residences, her appearance before the Indian agenl at " Yazoo " City, the date of 
 tier death. Jim (Jiffs place of birth, and his various places of residence, the 
 testimony concerning his twin sister and the name of his other relatives, agrees 
 Substantially in so many respects with the testimony of a like character rela- 
 tive to tin> Jimmy and Lucy of record and the various members of the family 
 to which they belonged; that the identity of Jim Gift with said Jimmy of record 
 tan not he reasonably questioned. 
 
 There remains to he considered the question of law involved relative to the 
 rights of scripees and their descendants. Concerning said section n of the act 
 of July 1. 1902, the Attorney Genera] of the United States, in an opinion ren- 
 dered June 19, L903, used the following language: 
 
 "This agreemenl must, oi course, be construed in the light of the circum- 
 stances under which it was made, and with a purpose to ascertain the intention 
 of the parties thereto. Manifestly the parties did oo1 intend to abridge the 
 rights of any person theretofore entitled by law to idem ification as a Mississippi 
 Choctaw, but they did intend to permit the identification of some persons who 
 had not prior to that time been able to bring themselves within the requirements 
 of the rules established by the commission— persons, the evidence of whose 
 rights under the treaty of 1830, could not be secured, hut who the Government 
 of the United states and the Choctaw Indians, -in their generosity.' desired 
 should share in the benefits arising out of the provisions of that treaty. * * * 
 
 "In my opinion, paragraph 11 of the agreement of 21st March, 1902. does 
 not require the identification of part-blood children of Mississippi Choctaws 
 themselves identified solely by reason of full blood. Such children must in 
 some other way. if possible, establish their claims to participate in the henefits- 
 arising from the treaty of 1830. They have not been deprived by the agreement 
 of anything to which they were entitled before its conclusion." 
 
 From this opinion it seems clear that if the descendants of scripees were 
 entitled to identification as Mississippi Choctaws prior to the ratification of 
 the Choctaw-Chickasaw agreement, they are not now barred from such identi- 
 fication. The rule in force prior to the ratification of said agreement per- 
 mitted the identification of applicants whose ancestors complied or attempted 
 to comply, in person or by proxy, with article 14 of the treaty of September 27,. 
 1830. It is therefore necessary to determine whether scripees and the de- 
 scendants of scripees come within this rule. Article 14 of the treaty of 1830 
 states: 
 
 " Each Choctaw head of a family being desirous to remain and become a 
 citizen of the States shall be permitted to do so by signifying his intention to 
 the agent within six months from the ratification of this treay, and he or she 
 shall thereupon be entitled to a reservation of one section of 640 acres of land, 
 to be bounded by sectional lines of survey : in like maimer shall be entitled 
 to one-half that quantity for each unmarried child which is living with him 
 over 10 years of age. and a quarter section to such child as may be under 10 
 years of age, to adjoin the location of the parent. If they reside upon said 
 lands, intending to become citizens of the States, for five years after the 
 
44 MEMORIAL OF THE CHOCTAW AND CHICKASAW NATIONS. 
 
 ratification of this treaty, in that case a grant in fee simple shall issue; said 
 reservation shall include the present improvement of the head of the family 
 or a portion of it. Persons who claim under this article shall not lose the 
 privilege of a Choctaw citizen, but if they ever remove are not to be entitled 
 to any portion of the Choctaw annuity." 
 
 Owing to the failure of the Government to furnish an agent promptly upon 
 the ratification of the treaty, and for the further reason that said agent, after 
 entering upon his duties, was derelict in his performance of the same and re- 
 fused to enroll many who applied for the benefits of the treaty, only a mere 
 handful of the persons entitled to such benefits were enrolled. To adjust and 
 settle the land claims arising under this article Congress subsequently provided 
 commissions to adjudicate all such claims, and in the act of August 23, 1S42, 
 supra, the commission was specifically instructed in section 3 thereof as to 
 the requisites constituting sufficient compliance with article 14 of said treaty 
 to entitle those complying therewith to lands guaranteed by it. Where appli- 
 cants established to the satisfaction of the commissioners and the Secretary 
 of War that they had complied with the requisites specifically enumerated in 
 said section 3. patents were to be issued to them covering in whole or in part 
 improvements made by them at the date of the treaty of Dancing Rabbit Creek. 
 In cases where it appeared that applicants had done everything within their 
 power to comply with the treaty but had failed to maintain continuous resi- 
 dence for five years after the ratification of the treaty upon the lands claimed 
 by them, such failure being due to the fact that the Government bad before 
 the expiration of the five-year period patented said lands to others, a substi- 
 tute arrangement was made whereby their claims were to be settled by the 
 issuance of certificates entitling them to select an equal amount of public 
 land in the United States open to selection in the States of Mississippi, Ala- 
 bama. Louisiana, and Arkansas, the acceptance of such certificates by the 
 applicants to operate as "a full satisfaction and discharge" of their claims 
 against the United States to land under article 14 of the treaty of 1S30. 
 
 It will thus be seen that patentees and scripees stood on exactly the same 
 footing, so far as the merits of their cases were concerned, but the latter were 
 compelled to accept as the fruits of their compliance with the treaty a substituted 
 performance on the part of the Government, by which they received other lands 
 than those which they were promised by the treaty. Can it be held that this 
 substituted performance proposed by the Government as a settlement of the land 
 claims of fourteenth-article applicants and accepted by them in full satisfaction 
 of such claims, operates in any respect to alter their claims against the Choc- 
 taw Nation to a portion of its lands west of the Mississippi, claims founded 
 upon the guaranty in said article 14 that " persons who claim under this article 
 shall not lose the privilege of a Choctaw citizen"? The department does not 
 so consider. The only relation existing between patents and scrip and land 
 rights in the Choctaw Nation is this: So far as the rights of fourteenth-article 
 claimants to Choctaw lands west of the Mississippi is concerned, patients and 
 scrip serve only as evidence that the persons to whom they were issued elected 
 for themselves and for persons claiming through them, not to relinquish their 
 rights as Choctaw citizens, except to the annuities. other than this the 
 action of the United Slates in adjudicating the claims of these people against 
 it for lands under article 14 has nothing whatever to do with their claims 
 against the Choctaw Nation for a share of its lands lying west of the 
 Mississippi. 
 
 The department is therefore of the opinion that scripees and their descend- 
 ants come within the rule referred to above as being persons or descendants 
 of persons who attempted to comply with article 14 of the treaty of September 
 27. 1330. In this connection it should be noted that it is not the intention of 
 the department to hold that this is the only form of attempted compliance which 
 can be recognized, or that other forms of attempted compliance will be recog- 
 nized. Other cases of attempted compliance must be determined as presented. 
 
 You are accordingly directed, in accordance with the recommendation of 
 the Indian Office, to identify these applicants as Mississippi Choctaws, and to 
 so advise them and their attorneys. In so doing you are requested to inform 
 them respecting the time limit within which they are required to remove to 
 the Choctaw Nation after receiving notice from you. 
 
 A copy of the acting commissioner's letter of 'November 2, 1904, is inclosed 
 herewith. 
 
 Respectfully, Thos. Ryan, 
 
 Acting Secretary. 
 
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