| Q. Article fourteen of the treaty of 1830 is as follows: "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 after the ratification of this treaty, and he or she shall there upon be entitled to one section of six hundred and forty acres of land, to be bounded by sectional lines of survey; in like manner shall be entitled to one half that quantity for each unmarried child which may be living with him over ten years of age, and a quarter section to such child as may be under ten years of age, to adjoin the location of the parent. If they reside upon said land 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 claiming 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." Do you claim under this article? A.Well, I don't know whether I do or not; I guess so though. Q. Have you ever received any benefits as Choctaw Indians? A. No Q. Have any of your ancestors ever received any benefits as Choctaw Indians? A. Not that I know of Q. What was the name of your ancestor or ancestors who were residents of the old Choctaw nation in Mississippi or Alabama and acknowledged members of the Choctaw tribe of Indians in 1830 when the treaty of Dancing Rabbit Creek was entered into between the United States and the Choctaw Tribe of Indians? A. Daniel Davis, my great-grandfather and Paul Davis my grandfather. Q. Have you any evidence showing that such ancestors were ever recognized members of the Choctaw tribe at that time? A. No Q. Did they, if Choctaw Indians, remove frm the territory occupied by the old Choctaw nation in Mississippi and Alabama to the present Choctaw Nation in Indian territory at the time of removal of other members of the Choctaw tribe from 1833 to 1838? A.Not that I know of Q. If they did not remove with the other members of the tribe did either of them within six months after the ratification of the treaty of 1830 signify to the United States Indian agent to the Choctaw Indians in Mississippi his intention to remain in Mississippi and become a citizen of the United States? A. Not that I know of Q. Have any of your ancestors ever claimed or received any land in Mississippi as beneficiaries under the provisions of the fourteenth article of the treaty of 1830? A. No Q. Are there any additional statements your desire to make at this time in support of your application? A. I don't know Q. Is there anything else you want to say? A. No Q. Have you any documentary evidence, affidavits, written evidence of any description, copies of records, deeds or patents, or any proper papers showing that your ancestors were ever recognized members of the Choctaw tribe of Indians in Mississippi in 1830, or that they ever complied or attempted to comply with the provisions of the fourthteenth article of the treaty of 1830, or that they ever received any benefits under that article of that treaty? A. No Q. Do you want time in which to file evidence? A. Yes Thirty days from the date here of is allowed applicant in which to file additional evidence to support of this application. The decision of the Commission as to your application for indentification as a Mississippi Choctaw will be determined at the earliest possible date and report of the same will be made to the Secretary of the Interior, conformable to the provisions of the 21st. Dection of the Act of Congress of June 28, 1898, and a copy of the same will be mailed to you at your post office address as given by you in your testimony. APPLICANT APPARENTLY A WHITE WOMAN Henry G. Hains being duly sworn on his oath states that as stanographer to the Commission to the Five Civilized Tribes he reported in full all proceedings had in the above entitled cause on June 12, 1901, and that the above and foregoing is a full, true and correct transcript of his stenographic notes in said cause on said date. Subsrcibed and sworn to before me this date 15th day of July 1901. signature of the Notary Public not able to make out. |
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