Amanuensis: A person employed to write what another dictates or to copy what has been written by another.
Last week I posted the Dawes Commission testimonies of Samuel Tillman Hartley, Melvin Elijah Van Every (for his wife Margaret Jane Denyer) and Eliza Caroline Reeves from November of 1900.
There were eight related testimonies in November of 1900, but the other five didn't present new information (beyond the names and ages of the children of those testifying).
In 1902 Samuel T Hartley returned with another daughter. In October I mentioned the difficulty they had with fractions. While both of these testimonies appear in the case file of the daughter, Georgia Phillips, I will separate them into two posts.
Excerpt:
Q. Do you claim under article fourteen of the treaty of 1830? A. Yes, sir.
Q. Do you understand that article? A. No, sir.
That one word, 'No,' had a wonderful result. The Commission began to explain it to her. Sure, there are places online to look it up, but below it appears in their words.
Department of the Interior
Commission to the Five Civilized Tribes.
Muskogee, I.T. June 17, 1902.
In the matter of the application for identification as Mississippi Choctaws of Georgia Phillips, for herself and her two minor children, Hester and Raby Phillips.
B.S. Johnson, attorney for applicants.
Georgia Phillips being first duly sworn testifies as follows:
Examination by the Commission
Q. What is your name? A. Georgia Phillips.
Q. What is your age? A. Thirty-three.
Q. What is your post office? A. Caney.
Q. Indian Territory? A. Yes, sir.
Q. How long have you lived at Caney? A. About two months I reckon.
Q. Where did you live before this? A. In Eastern Texas.
Q. Where were you born? A. In Texas.
Q. Always lived in Texas until you came to the Territory? A. Yes, sir.
Q. Where did you live in Texas most of the time? A. In San Saba County.
Q. Is your father living? A. Yes, sir.
Q. Is your mother living? A. No, sir.
Q. What is your father’s name? A. Sam Hartley.
Q. What was your mother’s name? A. Margaret Ralls.
Q. That was her maiden name? A. Yes, sir.
Q. Her name is Hartley now? A. Yes, sir.
Q. You claim through which parent father or mother? A. My father.
Q. How much Choctaw blood do you claim? A. My father claims to be three-quarters.
Q. You claim how much; would you be one-half of that or three-eighths? A. Yes, sir.
Q. You claim three-eights then? A. He claims three-quarters.
Q. Three-eights is one-half of three-quarters you think, is that right? A. Yes, sir.
Q. Has your father ever been recognized in any way or enrolled as a member of the Choctaw tribe of Indians by the Choctaw tribal authorities or the United States authorities in Indian Territory? A. Yes, sir.
Q. Has he been made an Indian? A. Yes, a year ago last ---
By Mr. Johnson:
Q. You mean he applied a year ago? A. Yes; he just applied.
Q. He has never been enrolled? A. No, sir.
By the Commission:
Q. He made application to be identified as a Mississippi Choctaw a year ago; did he not? A. Yes, sir.
Q. Have you proof of the marriage of your father and mother with you now? A. No, sir.
Q. You know whether it has been filed in the case of your father Sam Hartley, to be identified as a Mississippi Choctaw? A. Yes, sir.
Q. It has been filed in your father’s application? A. Yes, sir.
Q. Now would you like to refer to the application made by your father Sam Hartley and the records made in that case have it made a part of your own application? A. Yes, sir.
Q. Samuel T. Hartley is what relation to you? A. My father.
Q. Robert H. Hartley is what relation? A. My brother.
Q. Virginia Schultz? A. My sister.
Q. Sophronia Cagle? A. My sister.
Q. Caroline Taylor? A. My sister.
Q. Maggie J Van? A. My Cousin. [ed. Van Every]
Q. Samuel W. Denyer? A. Cousin.
Q. Elijah Reeeves? A. Cousin. [ed. Eliza]
Q. These have all made application have they not to be identified as Mississippi Choctaws? A. Yes, sir.
Reference is here made in this application made by Georgia Phillips to M.C.R. 1050, being the application of her father Samuel T. Hartley, et al., and in which reference is made to the above cases.
Q. Are you married? A. Yes, sir.
Q. What is your husband’s name? A. Miles Phillips.
Q. Is he living? A. Yes, sir.
Q. Is he a white man or Indian? A. White man, American.
Q. You make no claim for him? A. No, sir.
Q. Have you any minor children you want to make application for? A. I have two.
Q. What is the name of the oldest? A. Hester.
Q. Hester Phillips? A. Yes, sir.
Q. How old is Hester? A. Twelve years old.
Q. What is the name of the next? A. Raby.
Q. R-a-b-y? A. Yes, sir.
Q. Boy? A. Yes, sir.
Q. How old is Raby? A. Five years old.
Q. Is that all the children you have? A. Yes, sir.
Q. Is your name or the names of your children on any of the tribal rolls of the Choctaw Nation in Indian Territory? A. No, sir.
Q. Is Miles Phillips the father of these two children? A. Yes, sir.
Q. Are you the mother? A. Yes, sir.
Q. Are you and your husband living together at your home? A. Yes, sir.
Q. Have you or your husband ever been married before you married each other? A. No, sir.
Q. Have you ever made application for citizenship in the Choctaw Nation to the Choctaw tribal authorities in Indian Territory for yourself and children? A. No, sir.
Q. Have you ever made application for citizenship in the Choctaw Nation for yourself and children to the Commission to the Five Civilized Tribes under the act of Congress of June 10, 1896? A. No, sir.
Q. Have you ever before this time made application for citizenship in the Choctaw Nation for yourself and children by going before either the Choctaw tribal authorities or the United States authorities in Indian Territory? A. No, sir.
Q. Have you ever been admitted to citizenship with your children, in the Choctaw Nation by either the Choctaw tribal authorities, the Commission to the Five Civilized Tribes, or the United States Court in Indian Territory? A. No, sir.
Q. Do you now come before the Commission to identify yourself and your children as Mississippi Choctaws? A. Yes, sir.
Q. Do you claim under article fourteen of the treaty of 1830? A. Yes, sir.
Q. Do you understand that article? A. No, sir.
The treaty of 1830 was made between the United States government and the Choctaw Indians at a place in Mississippi called Dancing Rabbit Creek. It was made between the United States government and the Choctaw Indians on the 27th day of September 1830 for the purpose of effecting the removal, as far as practicable, of all the Choctaw Indians, who lived in the old Choctaw Nation, East of the Mississippi River, to the Choctaw Nation, Indian Territory. Before the treaty was signed it became known that a good many Choctaw Indians would not go to the Choctaw Nation, Indian Territory under the treat with the other Indians, and in order to protect the interest of those Indians who stayed back there in the old Choctaw Nation article fourteen was put into the treaty. The treaty was then signed and afterwards on the 24th day of February 1831 it was ratified. Article fourteen reads, 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 from the ratification of this treaty and he or she shall thereupon be entitled to a reservation of 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 is living with him over ten 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 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.”
Q. You understand that don’t you? A. Yes, sir.
Q. What is the name of the ancestor through whom you claim your right to be identified as a Mississippi Choctaw; whom do you claim through? A. George W. Hartley.
Q. What relation was he to you? A. Grandfather.
Q. How much Choctaw blood did he have? A. I don’t know.
Q. Did he live in the old Choctaw Nation in Mississippi or Alabama? A. Yes, sir.
Q. Where did he live? A. I can’t tell you only what I have been taught by my parents.
Q. Have you been taught that he lived in Mississippi or Alabama? A. Mississippi.
Q. In 1830? A. I don’t know.
Q. That is seventy-two years ago; don’t you know? A. No, sir.
Q. Can you give me the name of any Choctaw ancestor who did live in Mississippi or Alabama in the old Choctaw Nation in the year 1830 and was the head of a family there then? A. No, sir; I don’t know a great deal only what I have been taught.
Q. What have you been taught about your Choctaw ancestors? A. I have been taught I had Indian blood.
Q. How much Indian Choctaw blood have you been taught you had? A. I can’t understand and explain anything.
Q. You can’t understand what relation George W. Hartley is to you?
By Mr. Johnson:
Q. How much Indian blood did George W. Hartley have; one-half or one-fourth? A. One-fourth.
Q. Then your father would have one-half of that or one-eighth; aint that right? A. Yes, sir; that is right.
Q. What would you have then if your father had one-eighth; you would have one-half of that or one-sixteenth? A. Yes, sir.
By the Commission:
Q. You claim one-sixteenth? A. Yes, sir.
Q. Well a while ago you claimed three-eighths? A. I can’t remember anything.
By Mr. Johnson:
Q. Your grandfather had one-half; did your grandmother have any? A. Yes, sir.
Q. How much one-fourth or one-half? A. I don’t know what she was.
By the Commission:
Q. A little while ago you claimed three-eighth; now you claim one-sixteenth; do you really know how much you do claim? A. No, sir; I reckon not, if my father claims three-quarters – I told you I don’t know. My father claims three-quarters.
By Mr. Johnson:
Q. You claim one-sixteenth or more; you don’t know? A. No, sir; I don’t.
By the Commission:
Q. Did any of your Choctaw ancestors own any land or claim any in Mississippi or Alabama under article fourteen of the treaty of 1830? A. I don’t know.
Q. Did any of your Choctaw ancestors within six months from the ratification of the treaty of 1830 go to the United States Indian Agent Colonel Ward and tell him they wanted to stay in Mississippi, take land there and become citizens of the States? A. I don’t know.
Q. Did any of your Choctaw ancestors own any improvements or claim any in Mississippi or Alabama in the old Choctaw nation in the year 1830? A. I can’t tell you; I don’t know.
Q. Did any of your Choctaw ancestors go from that old Choctaw Nation East of the Mississippi River to the Choctaw Nation Indian Territory with the other Indians between 1834 and 1838 or forty? A. I don’t know.
In 1837 under an act of Congress approved March 3rd of that year and in 1842 under an act of Congress approved August 23rd of that year two Commissions were appointed to go to Mississippi and her claimants under article fourteen of the treaty of 1830. The reason why these two Commissions were appointed was because of the complaints of many Choctaw Indians who stayed back there in the old Choctaw Nation in Mississippi and Alabama after the treaty of 1830 was ratified who refused to go to the Choctaw Nation, Indian Territory. Now these Indians were required, if they wanted to take advantage of the provisions of article fourteen of that treaty, to go to the United States Indian Agent, whose name was Colonel Ward and tell him they wanted to stay in Mississippi, take land there and become citizens of the States. A great many Choctaw Indians did this who names Colonel Ward failed to register upon his list known as Ward’s register,. His neglect to do so caused a good any Indians who had land in the old Choctaw Nation upon which they had improvements to lose both; both the land and the improvements were taken from them and sold at its public land sales. This caused so many complaints among the Choctaw Indians that these two Commissions were appointed.
Q. Do you know whether any of your Choctaw ancestors went before either of these two Commissions and claimed benefits as Choctaw Indians under that article of that treaty? A. No, sir; I don’t know.
Q. Did any of your Choctaw ancestors receive any scrip from the government or certificates as we would call them now, which scrip entitled them to select land either in Mississippi, Alabama, Louisiana, or Arkansas? A. I don’t know.
This scrip was issued under the act of Congress of August 23rd, 1842, and was issued to those Indians who proved their claims under article fourteen of the treaty of 1830 and also proved that they had land in the old Choctaw nation which the government had taken from them and sold at its public land sales.
Q. Do you speak the Choctaw language? A. No, sir.
Q. Have you any evidence you want to introduce now in support of this claim? A. None except my father.
Q. You want to introduce your father as a witness in this case? A. Yes, sir.
Q. Except his testimony, have you any evidence you want to present? A. No, sir.
Q. Would you like until the first of July in which to present other testimony? A. Yes, sir.
This applicant will have until July first, 1902, in which to present other testimony in support of this application.
This applicant has the appearance and physical characteristics of being descended from white parentage. Brown hair; blue eyes; medium fair complexion, and somewhat tanned from the sun. She has no knowledge of the Choctaw language and no knowledge of compliance on the part of his ancestors with any of the provisions of article fourteen of the treaty of 1830
Witness excused…
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