File with the Cherokee D-578, John Dawson, at al.
DEPARTMENT OF THE INTERIOR,
COMMISSION TO THE FIVE CIVILIZED TRIBES.
In the matter of the application of Francis M. Dawson, at al for enrollment as Cherokee citizens, consolidating the applications of,
Francis M. Dawson et al--------------------------------Cherokee D. 324
John Dawson,------------------------------------------ " D. 580
William R. Dawson,------------------------------------ " D. 581
Andrew C. Atkins, et al-------------------------------- " D. 584
Francis M. Dawson, jr.-------------------------------- " D. 588
Arizona Allred, et al----------------------------------- " D. 835
Samuel R. Dawson, et al------------------------------ " D. 350
Robert Dawson,-------------------------------------- " D. 352
Albert H. Dawson, et al------------------------------- " D. 358
August Bulawsky, et al-------------------------------- " D. 365
John W. Dawson, et al-------------------------------- " D. 482
Katie Dawson,---------------------------------------- " D. 402
John Dawson, et al------------------------------------ " D. 578
Thomas P. Dawson, et al------------------------------ " D. 360
Orle H. Dawson, et al--------------------------------- " D. 530
Robert Pierce, et al------------------------------------ " D. 408
William Pierce,---------------------------------------- " D. 409
Charles E. Pierce,------------------------------------- " D. 431
Oma Gray, et al--------------------------------------- " D. 471
Effie Pierce,------------------------------------------- " D. 472
John S. Bogle, et al----------------------------------- " D. 479
Joseph R. Dawson, et al------------------------------ " D. 364
Wilborn Dawson,------------------------------------- " D. 475
Charles T. Moore, et al------------------------------- " D. 518
James R. Dawson, et al------------------------------- " D. 526
Henry A. Blasingame, et al---------------------------- " D. 832
Elbert L. Blasingame, et al----------------------------- " D. 833
James R. Blasingame, et al---------------------------- " D. 834
Martin L. Patterson, et al------------------------------ " D. 435
William C. Dawson, et al------------------------------ " D. 604
Robert L. Dawson,------------------------------------ " D. 605
Robert L. Dawson,------------------------------------ " D. 608
Elbert B. Dawson, et al-------------------------------- " D. 617
Richard W. Dawson, et al----------------------------- " D. 626
Ella L. Spickerman, et al------------------------------- " D. 627
Francis M. Dawson,----------------------------------- " D. 609
Sarah J. Dawson,-------------------------------------- " D. 23
John W. Graham, et al--------------------------------- " D. 35
Matthew A. Painter, et al------------------------------ " D. 836
Charles T. Bradshaw, et al----------------------------- " D. 1124
Joe E. Graham, et al----------------------------------- " D. 1125
John F. Graham, et al---------------------------------- " D. 1126
Joe Willie Neal,--------------------------------------- " D. 1127
James M. Graham, et al------------------------------- " D. 1128
Green W. Jackson, et al------------------------------- " D. 395
James H. Harmon, et al------------------------------- " D. 476
Toshie A. Jackson,----------------------------------- " D. 508
Lizzie Jackson, et al---------------------------------- " D. 830
William C. Lenox, et al------------------------------- " D. 847
James Lowe, et al------------------------------------ " D. 839
Willie T. Dawson,------------------------------------ " D. 405
Texanna Woolley, et al------------------------------- " D. 406
Henry T. Richardson, et al--------------------------- " D. 715
Etta Brauer,------------------------------------------ " R. 12
Melissa A. Dawson,---------------------------------- " R. 13
Alonzo H. Fishback, et al----------------------------- " D. 343
Hiram F. Weddle, et al-------------------------------- " D. 521
William D. Douthitt,----------------------------------- " D. 522
Florence Morgan, et al--------------------------------- " D. 737
John E. Fishback,------------------------------------- " D. 845
George A. Mabrey, et al------------------------------ " D. 979
DECISION
It appears from the record herein that applications were made to this commission at the times and places herein mentioned for the enrollment of the following named persons as citizens of the Cherokee Nation:
D 324 By Francis M. Dawson, son of Robert Dawson, at Vinita, Indian Territory, on September 17, 1900, for the enrollment of himself and his minor children, Lula, Ray, Jessie J., Hugh A., and Laura A. Dawson as a citizen by blood, and for thr enrollment of his wife Katie Dawson as a citizen by intermarriage. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on April 08, and October 20, 1902.
D 580 By John Dawson, at Nowata, Indian Territory, on October 16, 1900, for the enrollment of himself as a citizen by blood. Further proceedings were had in the matter of said applications at Muskoge, Indian Terriotry, on July 01, 1902.
D 581 By William R. Dawson, at Nowata, Indian Territory, on October 13, 1900, for the enrollment of himself and his wife, Fannie Dawson as citizens by blood. Fannie Dawson has been differently classified and is not embraced in this decision.
D 584 By Andrew C. Atkins, at Nowata, Indian Territory, on October 15, 1900, for the enrollment of himself as a citizen by intermarriage, and for the enrollment of his wife, LIzzie Atkins and his minor children, Arthur, Edna E., Edward C. and George J. F. Atkins as citizens by blood. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on October 10, 1902.
D 588 By Francis M. Dawson, Jr., son of Francis M. Dawson and grandson of Robert Dawson, at Nowata, Indian Territory, on October 15, 1900, for the enrollment of himself as a citizen by blood.
D 835 By Francis M. Dawson, Sr., at Chelsea, Indian Territory, on Nobember 20, 1900, for the enrollment of his daughter Arizona Allred and his grand-son William C. Allred as citizens by blood.
D 350 By Samuel R. Dawson, at Vinita, Indian Territory, on September 19, 1900, for the enrollment of himself and his two minor children August and Mate Dawson, as citizens by blood, and for the enrollment of his wife Catherine Dawson as a citizen by intermarriage. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, October 3, 1902.
D 352 By Robert Dawson, at Vinita, Indian Territory, on September 19, 1900, for the enrollment of himself as a citizen by blood.
D 358 By Albert H. Dawson, at Vinita, Indian Territory, on September 19, 1900, for the enrollment of himself and his minor children Ralph H., Alford and Cecil Dawson as citizens by blood, and for the enrollment of his wife Sarah F. Dawson as a citizen by intermarriage. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on July 21, and October 3, 1902.
D 365 By August Bulawsky, at Vinita, Indian Territory, on September 20, 1900, for the enrollment of himself as a citizen by intermarriage, and for his wife Josephine, and his minor children Dora, Ida, Annie, Blanche, May and Oscar Bulawsky, as citizens by blood. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on October 6, 1902.
D 482 By John W. Dawson, at Vinita, Indian Territory, on Octoer 1, 1900, for the enrollment of himself as a citizen by blood, and for the enrollment of his wife, Nannie, as a citizen by intermarriage. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on October 3, 1902.
D 402 By Charles J. Newman, for the enrollment of his wife Katie Newman as a citizen by blood. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on March 18, 1902.
D 578 By John Dawson, at Nowata, Indian Territory, on October 15, 1900, for the enrollment of himself and his minor children Robert B. Iola M., Lemuel H., Rosa B., Charles B., Hattie J., Jennings B. and James U. Dawson as citizens by blood, and for his wife Sarah J. Dawson as a citizen by intermarriage. On November 20, 1901, an affidavit was filed for Vergal C. Dawson, a ninth child of the applicant. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, October 20, 1902.
D 360 By Thomas P. Dawson, at Vinita, Indian Territory, on September 20, 1900, for the enrollment of himself and his minor child Mariee J. Dawson as citizens by blood.
D 530 By Orle H. Dawson, at Vinita, Indian Territory, on October 4, 1900, for the enrollment of himself and his minor child, Burr R. Dawson as citizens by blood. On October 31, 1902, a birth affidavit was filed for James W. Dawson, a second child of the applicant.
D 408 By Robert Pierce, at Vinita, Indian Territory, On September 24, for the enrollment of himself and his minor child Myrtle as citizens by blood, and for the enrollment of his wife Nellie as a citizen by intermarriage. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on October 3, 1902. On January 9, 1902, an affidavit was filed showing the birth of Arthur Pierce, a second child of the applicant.
D 409 By William Pierce at Vinita, Indian Territory, on September 24, 1900, for the enrollment of himself as a citizen by blood. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on July 21, 1902.
D 431 By Charles E. Pierce, at Vinita, Indian Territory, on September 25, 1900, for the enrollment of himself as a citizen by blood.
D 471 By John B. Gray, at Vinita, Indian Territory, on September 29, 1900, for the
D 472 enrollment of himself as a citizen by intermarriage, and for the enrollment of his wife, Oma Gray, his minor child, Cecil Gray, and his sister-inlaw, Effie Pierce(now Effie Akins), as citizens by blood. John B. Gray is differently classified and is not embraced in this decision. Further proceedings were had in the matter of this application at Vinita, Indian Territory, on July 21, 1902. On February 18, 1902, an affidavit was filed showing the birth of Velton Gray, a second child of the applicant.
D 479 By John S. Bogle, at Vinita, Indian Territory, on October 02, 1900, for the enrollment of himself as a citizen by intermarriage, and for the enrollment of his wife, Nancy J., and his minor children, James E., Edna N., John H., Marvin R., and Claud Bogle as citizens by blood. Further proceedings were had in the matter of said application at Muskogee, Indian territory, on October 09, 1902. On October 31, 1902, a birth affidavit was filed for Nancy Edith Bogle, born since the date of this application.
D 364 By Joseph R. Dawson, at Vinita, Indian Territory, on September 20, 1900, for the enrollment of himself and his five minor children, Clarence E., Council J., Elmer A., Cleo, and Rufus T. dawson, as citizens by blood, and for the enrollment of his wife, Florence Dawson, as a citizen by intermarriage. Furhter proceedings were had in the matter of said application at Vinita, Indian Territory, on October 19, 1901, and at Muskogee, Indian Territory, on October 03, 1902. On October 19, 1901 an affidavit was filed showing the birth of Edgar Dawson, a sixth child of the applicant.
D 475 By Wilborn Dawson, at Vinita, Indian Territory, on September 29, 1900, for the enrollment of himself as a citizen by blood.
D 518 By Charles T. Moone, at Vinita, Indian Territory, on October 04, 1900, for his enrollment as a citizen by intermarriage, and for the enrollment of his wife, Molly, and his five children, Nora, Walter, Clara, Ora and James W. Moone as citizens by blood. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on March 18, and October 10, 1902 and on March 17, 1902, an affidavit was filed showing the birth of Edna B. a sixth child of the applicant.
D 526 By James R. Dawson, at Vinita, Indian Territory, on October 04, 1900, for the enrollment of himself and his three minor children, Vinnie D., Ermine C., and Edwin C., Dawson as Citizens by blood, and for the enrollment of his wife, Martha A. Dawson, as a citizen by intermarriage. Further proceedings were had in the matter of the said application at Vinita, Indian Territory, on October 05, 1900, and at Muskogee, Indian Territory, on October 03, 1902, and on September 13, 1901, an affidavit was filed showing the birth of Ancil F. Dawson, a fourth child of the applicant.
D 832 By Henry A. Blasingame, at Chelsea, Indian Territroy, on November 19, 1900, for the enrollment of himself and his minor child, Vinnie C., as citizens by blood, and for the enrollment of his wife, Birdie J., as a citizen by intermarriage. Birdie J. Blasingame is differently classified and is not embraced in this decision.
D 833 By Elbert L. Blasingmae, at Chelsea, Indian territory, on November 20, 1900, for the enrollment of himself and his three minor children Ellis W., Earl D., and Alexander Blasingame, Jr., as citizens by blood, and for the enrollment of his wife Ida, as a citizen by intermarriage. Further proceedings were had in the matter of said application at Muskogee, Indian territory, on October 06, 1902. On October 31, 1902, a birth affidavit was filed for Elmer H., born since the date of this application.
D 834 By James R. Blasingame, at Chelsea, Indian Territory, On November 20, 1900, for the enrollment of himself and his two minor children, William A. and George L. Blasingame as citizens by blood, and for the enrollment of his wife, Mary A. Blasingame as a citizen by intermarriage. On February 28, 1901, an affidavit was filed showing the birth of Grace D. Blasingame, a third child of the applicant. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on October 06, 1902.
D 435 By Martin L. Patterson, at Vinita, Indian Territory, on September 20, 1900, for the enrollment of himself as a citizen by intermarriage, and for the enrollment of his wife Zona, and his five minor children, Sarah A., Martha A., Claud A., Edgar D., and Thomas N. Patterson, as citizens by blood. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on April 08, and October 04, 1902, and on October 23, 1901, an affidavit was filed showing the birth of Virgil V., sixth child of the applicant.
D 604 By William C. Dawson, at Nowata, Indian Territory, on October 16, 1900, for the enrollment of himself as a citizen by blood, and for the enrollment of his wife Alice as a citizen by intermarriage. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on April 08, and October 10, 1902.
D 605 By Robert L. Dawson, at Nowata, Indian Territory, on October 16, 1900, for the enrollment of himself as a citizen by blood.
D 608 By Elbert B. Dawson, at Nowata, Indian Territory, on October 16, 1900, for the enrollment of himself as a citizen by blood. On July 08, 1901, an affidavit was filed showing the birth of Ralph E. Dawson, a child of the applicant.
D 609 By Sarah J. Dawson, at Nowata, Indian Territory, on October 10, 1900, for the enrollment of herself as a citizen by intermarriage. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on October 15, 1900.
D 617 By Richard W. Dawson, at Nowata, Indian Territory, on October 17, 1900, for the enrollment of himself and his minor child Ina B. as a citizen by blood, and for the enrollment of his wife, Luella as a citizen by intermarriage. Luella Dawson is differently classified and is not embraced in this decision. Further porceedings were had in the matter of the said application at Muskogee, Indian Territory, on April 08, 1902.
D 620 By Ella L. Spickerman, at Nowata, Indian Territory, on October 17, 1900, for the enrollment of herself and her minor child, Helen J. Spickerman, as a citizen by blood, and for the enrollment of her husband, John J. Spickerman, as a citizen by intermarriage. John J. Spickerman is differently classified and is not embraced in this decision. On March 08, 1902, an affidavit was filed for William Glenn Spickerman, a second child of the applicant.
D 627 By Francis M. Dawson, son of Elbert Dawson, at Nowata, Indian Territory, on October 17, 1900, for the enrollment of himslef as a citizen by blood.
D 23 By John W. Graham, at Fairland, Indian Territory, on July 12, 1901, for the enrollment of himself as a citizen by intermarriage, and for the enrollment of his wife Missouri and his minor children, Tempa V. and Robert S. Graham, as citizens by blood. Further proceedings were had in the matter of the said application at Muskogee, Indian Territory, on October 02, 1902.
D 35 By Gideon Graham, at Westville, Indian Territory, on July 10, 1900, for the enrollment of himslef and his minor children, John W., Julius E., Francis W., Mary E., Jesse E., Gracie L. and Florence M. Graham as citizens by blood, and for the enrollment of his wife Elizabeth Graham, as a citizen by intermarriage. Further proceedings were had in the matter of the said application at Muskogee, Indian Territory, on October 17, 1902.
D 836 By Matthew A. Painter, at Chelsea, Indian Territory, on November 20, 1900, for the enrollment of himself as a citizen by intermarriage, and for the enrollment of his wife, Laverna A. and his five minor children, Ada R., Eva P., John W., Ray D., and Roberta A. Painter, as citizens by blood. On December 07, 1900, an affidavit was filed for Roy V. Painter, a sixth child of the applicant. Further proceedings were had in the matter of the said application at Muskogee, Indian Territory, on October 02, and 3rd, 1902.
D 1124 By Charles T. Bradshaw, at Muskogee, Indian Territory, on February 23, 1901, for the enrollment of himself as a citizen by intermarriage, and for the enrollment of his wife Florence P. and his minor children, Myrtle and Claude Bradshaw as citizens by blood. Further proceedings were had in the matter of the said application at Muskogee, Indian Territory, on July 21, and October 20, 1902.
D 1125 By Joe E. Graham, at Muskogee, Indian Territory, on February 23, 1901, for the enrollment of himslef and his minor child William C. as citizens by blood.
D 1126 By John F. Graham, at Muskogee, Indian Territory, on February 23, 1901, for the enrollment of himself and his minor child Edna M. as citizens by blood. Further porceedings were had in the matter of the said application at Muskogee, Indian Territory, on July 21, 1902. On October 31, 1902, a birth affidavit was filed for Robert Lee Graham, a second child of the applicant.
D 1127 By James Neal, at Muskogee, Indian Territory, on February 23, 1901, for the enrollment of his wife, Joe Willie Neal, as a citizen by blood. Further proceedings were had in the matter of the said application at Muskogee, Indian Territory, on July 21, 1902.
D 1128 By James M. Graham, at Muskogee, Indian Territory, on February 23, 1901, for the enrollment of himslef and his minor children, Marion, Maggie, zluther, Liddie and Margaret Graham as Citizens by blood, and for the enrollment of his wife, Bessie, as a citizen by intermarriage. Further porceedings were had in the matter of the said application at Muskogee, Indian Territory, on October 17, 1902. On October 27, 1902, a birth affidavit was filed for Floyd Graham, born since the date of this application.
D 395 By Green W. Jackson, at Vinita, Indian Territory, on September 22, 1900, for the enrollment of himself as a citizen by intermarriage, and for the enrollment of his wife Ella Jackson, as a citizen by blood.
D 476 By James H. Harmon, at Vinita, Indian Territory, on October 01, 1900, for the enrollment of himself as a citizen by intermarriage, and for the enrollment of his wife, Flora, and his minor children, Lillie R., Claud., Dwight., and William D. Harmon, as citizens by blood. Further proceedings were had in the matter of the said application at Muskogee, Indian Territory, on October 09, 1902.
D 508 By Toshie A. Jackson, at Vinita, Indian Territory, on October 03, 1900, for his enrollment, among others, as a citizen by blood. The other patries to the application were differently classified and are not embraced in this decision. Further proceedings were had in the matter of the said application at Tahlequah, Indian Territory, on December 07, 1900.
D 830 By Lizzie Jackson, at Chelsea, Indian Territory, on November 19, 1900, for the enrollment of herself as a citizen by intermarriage, and for the enrollment of her minor children, Osie, Lizzie, Jessie, Ray, and Clyde Jackson as citizens by blood. Further proceedings were had in the matter of the said application at Muskogee, Indian Territory, on October 03, 1902.
D 847 By William C. Lenox, at Chelsea, Indian Territory, on November 20, 1900, for the enrollment of himself as a citizen by intermarriage, and for the enrollment of his wife, Fannie, and his minor children, Birtie E., and Myrtle Lenox, as citizens by blood. Further proceedings were had in the matter of the said application at Muskogee, Indian Territory, on October 03, 1902.
D 839 By James Lowe, at Chelsea, Indian Territory, on November 20, 1900, for the enrollment of himself and his minor children, May, Zelma, Roberta, and Rosa Lowe, as citizens by blood.
D 405 By Millie T. Dawson, at Vinita, Indian Territory, on September 24, 1900, for the enrollment of herself as a citizen by intermarriage. Further proceedings were had in the matter of the said application at Muskogee, Indian Territory, on October13, 1902.
D 406 By Texanna Woolley, at Vinita, Indian Territory, on September 24, 1900, for the enrollment of herself and her minor child, Irene W. Woolley, as citizens by blood. On March 27, 1902, an affidavit was filed showing the birth of Wilburn E. woolley, a second child of the applicant.
D 715 By Henry T. Richardson, at Claremore, Indian Territory, on October 26, 1900, for the enrollment of himslef as a citizen by intermarriage, and for the enrollment of his wife, Kitty, his minor children, Delia F., and Finis T. Richardson and his stepchildren, Edgar, Walter, Alice, Laura, Oscar, Claude, Edna, and Florence Flourney, as citizens by blood. Florence Flourney is embraced in another application herein as Florence Morgan (D-737). Further proceedings were had in the matter of the said application at Muskogee, Indian Territory, on October 09, 1902, and on August 20, 1902, a birth affidavit was filed for Jasper C. Richardson, born to henry T. Richardson and his wife, Kittie, since the date of this application.
R 12 By etta Brauer, at Fairland, Indian Territory, on July 12, 1900, for the enrollment of herself as a citizen by blood.
R 13 By Melissa A. Dawson, at Fairland, Indian Territory, on July 12, 1900, for the enrollment of herself as a citizen by intermarriage. Further proceedings were had in the matter of the said application at Vinita, Indian Territory, on October 14, 1902
D 521 By Lula Pearl Weddle, at Vinita, Indian Territory, on October 04, 1900, for the enrollment of herself and her minor children, Curtis, and Morris O. Weddle, as citizens by blood, and for the enrollment of her husband, Hiram F. Weddle, as a citizen by intermarriage. Further proceedings were had in the matter of the said application at Muskogee, Indian Territory, on October 14, 1902. October 31, 1902, a birth affidavit was filed showing the birth of Roy Weddle, a third child of the applicant.
D 522 By William D. Douthitt, at Vinita, Indian Territory, on October 04, 1900, for the enrollment of himself as a citizen by blood.
D 343 By Alonzo M. Fishback, at Vinita, Indian Territory, on September 19, 1900, for the enrollment of himself as a citizen by intermarriage, and for the enrollment of his wife, Laverna A. Fishback, and his minor children, William A., and Annie B. Fishback, as citizens by blood. Further proceedings were had in the matter of the said application at Muskogee, Indian Territory, on March 18, and october 03, 1902.
D 737 By Elbert L. Morgan, at Claremore, Indian Territory, on October 29, 1901, for the enrollment of his wife, Florence, and his minor child, Clide, as citizens by blood. On April 30, 1902, an affidavit was filed showing the birth of Alice A. Morgan, a second child of the applicant.
D 845 By John E. Fishback, at Chelsea, Indian Territory, on November 20, 1900, for the enrollment of himself as a citizen by blood.
D 979 By George A. Mabry, at Tahlequah, Indian Territory, on December 14, 1900, for the enrollment of himself as a citizen by intermarriage, and for the enrollment of his wife, Edna, and his minor children, Roby, and Charley Mabry, as citizens by blood. Further proceedings were had in the matter of the said application at Muskogee, Indian Territory, on January 15, 1901, and March 17, and October 15, 1902.
Proceedings were had in the matter of F.M. Dawson, at al., before Lewis T. Martin, a Notary Public, on October 04, 1900, and further proceedings were had therein before the Commission at Muskogee, Indian Territory, on March 17, 1902. All of these proceedings have been made part of the record herein.
The evidence, and examination of the records of the Cherokee nation, in the possession of this Commission show that on January 11, 1883, one Robert Dawson and his adult children, F.M. Dawson, Elbert Dawson, Jasper Dawson, Mollie Dawson, Wilburn Dawson, James Dawson, Rial Dawson, Josephine Dawson, Joseph Dawson, Jane Dawson and John Dawson were admitted to citizenship in the Cherokee Nation by the Cherokee Commission on Citizenship, commonly known as the "Teehee Court", and that on September 09, 1884, one James Dawson, a brother of the Robert Dawson aforesaid, together with his adult children, Ella Dawson, W.A. Dawson, Malvina Dawson and Missouri Dawson were admitted to citizenship commonly known as the "Spears Court." In addition to their tribal enrollment as shown by the evidence herein, it also appears from an examination of the Cherokee tribal rolls, in the possession of this Commission, that F.M. Dawson is identified on the Cherokee pay rolls of 1883 and 1894, Elbert Dawson on the Cherokee pay roll of 1886, Mollie Dawson on the pay roll of 1883, Wilburn Dawson on the pay rolls of 1886 and 1894, James Dawson on the pay rolls of 1883 and 1894, Rial Dawson on the pay rolls of 1886 and 1894, Josephine Dawson on the pay roll of 1886, Jane Dawson on the pay roll of 1883, Joseph Dawson and John Dawson on the pay rolls od 1883, 1886 and 1894, Ella Dawson and W.A. Dawson on the pay roll of 1886, and Missouri Dawson on the pay roll of 1894.
A majority of the above named persons, together with the descendants of the persons admitted as aforesaid and such white persons as may have intermarried with the said Dawsons or their descendants are the applicants herein.
For convenience, the application are divided into groups: Group 1, includes the applications of Francis M. Dawson and whose claiming through him and embraces cases numbered D 324, D 580, D 581, D 584, D 588 and D 835.
The evidence shows that Francis M. Dawson is the same person admitted to citizenship as hereinbefore stated under the name of F.M. Dawson. Katie Dawson, his wife, was married to him on November 21, 1880. The Cherokee Supreme Court in the cases of Cherokee Nation vs. Nancy Rogers and Melissa Dawson vs. W.A. Dawson held that a white women married to a Cherokee Indian at the time of his admission to citizenship acquires thereby the rights of Cherokee citizenship. She has lived with her said husband since they were married, and the six children included in the application of said Francis M. Dawson, and hereinbefore named are the issue of the marriage aforesaid. All the applicants herein are identified on the Cherokee Census roll od 1896.
John Dawson, Wilburn R. Dawson, Lizzie Atkins, formerly Dawson, Francis M. Dawson, Jr., and Arizona Allred are the children of said Francis M. Dawson by a former wife, Julia Ann. They were minors at the date of their father's admission to citizenship. John Dawson, Lizzie Atkins and francis M. Dawson, Jr., are identified on the strip payment roll of 1894, and William R. Dawson and Arizona Allred are identified on the Cherokee Census roll of 1890.
Andrew C. Atkins was married under a Cherokee marriage license and in accordance with the laws of the Cherokee nation on March 29, 1891, to the above named Lizzie Dawson. He has resided in the Cherokee Nation with his said wife since they were married, and the four children included in his application, and hereinbefore named are the issue of that marriage. The oldest child, Arthur, is identified on the Cherokee pay roll of 1894, and the three younger children are identified by birth affidavits on file with this Commission.
Arizona Allred, maiden name Dawson, came from Arkansas to the Cherokee Nation for the first time in 1894, remained there about two years and then returned to Arkansas, where she was married to Lee Allred.Such marriage was not in accordance with the laws of the Cherokee Nation. Arizona Allred and her husband came to the Cherokee Nation in 1896, stayed there a month and returned to Arkansas where they remained until September, 1898, at which time they came to the Cherokee Nation, remained there about a year and returned to Arkansas in 1899, where they were living at the date of this application. William C. Allred is the child of the said Arizona Allred and possesses no rights not required by his mother. He is identified on the Cherokee Census roll of 1896.
Paragraph 9, Section 21, of the Act of Congress approved June 28, 1898 ( 30 states, 495) provides:
"No person shall be enrolled who has not heretofore removed to and in good faith settled in the Nation in which he claims citizenship."
The evidence further shows that Francis M. Dawson, his wife, Katie and William R. Dawson, Francis M. Dawson, Jr., and Lizzie Atkins have resided in the Cherokee Nation since 1883, and Andrew C. Atkins, the husband of the said Lizzie Atkins, since 1891, and that John Dawson has resided in the Cherokee Nation for at least fourteen years prior to the date of his application. The residence of the minor children of the above named persons is considered to be that of their parents, with whom they are living.
Group 2, includes the applications of Samuel R. Dawson, together with those claiming through him and embraces cases numbered D 350, D 358, D 365, D 482 and D 402.
The evidence shows that Samuel R. Dawson is identified as the Rial Dawson admitted to citizenship in the Cherokee Nation as hereinbefore stated. His wife, Catherine, a white person, was married to him on July 11, 1866. The Cherokee Supreme Court in the cases of Cherokee Nation vs. Nancy Rogers and Melissa Dawson vs. W.A. Dawson held that a white woman married to a Cherokee Indian at the time of his admission to citizenship acquires thereby the rights of Cherokee citizenship. She has lived with her said husband since their marriage, and August and Mate Dawson are the issue of the aforesaid marriage. Samuel R. Dawson, his wife and children are identified on the Cherokee Census roll of 1896.
Robert Dawson, Albert H. Dawson, Josephine Bulawsky, formerly Josephine Dawson, John W. Dawson, and Katie Newman, formerly Katie Dawson are the children of said Samuel R. Dawson. They were minors at the date of their father's admission to citizenship, and they are all identified on the Cherokee Census roll of 1896.
Sarah F. Dawson, maiden name Abbott, was married to the said Albert H. Dawson in october, 1894. She has lived with her said husband, since they were married, Ralph H., Alford and Cecil Dawson are the issue of that marriage. Sarah F. Dawson and her child Ralph H. are identified by a birth affidavit on file with this Commission. The evidence further shows that the youngest child, Cecil Dawson, is dead.
August Bulawsky, was married under a Cherokee marriage license and in accordance with the laws of the Cherokee Nation on May 25, 1893, to the said Josephine Dawson. He has lived with his said wife since they were married and the six children included in his application, and hereinbefore named, are the issue of that marriage. The four older children are identified on the Cherokee Census roll of 1896, and the strip payment roll of 1894. May bulawsky is identified on the Cherokee Census roll of 1896, and Oscar Bulawsky is identifed by a birth affidavit on file with this Commission.
Nannie Dawson, maiden name Baugher, was married to the said John W. Dawson on September 02, 1894, and she has lived with her said husband since they were married.
The evidence further shows that Samuel R. Dawson, his wife, Catherine, and Robert Dawson, Albert H. Dawson, John W. Dawson, and Katie Newman have resided in the Cherokee Nation since 1886, August Bulawsky and his wife Josephine, since 1892, and Sarah F. and Nannie Dawson since 1894. The residence of the minor children included in this group is considered to be that of their parents, with whom they are living.
Group 3, includes the application of John Dawson, and those claiming through him and embraces cases numbered D 578, D 360, and D 530. The evidence shows that John Dawson is the same person admitted to citizenship in the Cherokee Nation as hereinbefore stated. Sarah J. Dawson, maiden name Wood, his wife, a white woman, was married to him on October 04, 1871. The Cherokee Supreme Court in the cases of the Cherokee Nation vs. Nancy Rogers and melissa Dawson vs. W. A. Dawson hled that a white woman married to a Cherokee Indian at the time of his admission to citizenship acquires thereby the rights of Cherokee citizenship. She has lived with her said huband since they were married and the nine children included in the application of said John Dawson, and hereinbefore named, are the issue of the said marriage. John Dawson, his wife, and his seven older children are identified on the Cherokee Census roll of 1896. The two younger children are identified by birth affidavits on file with this Commission.
Thomas P. Dawson and Orle H. Dawson are the children of said John Dawson. They were minors at the date of their father's admission to citizenship, and they are both identified on the CherokeeCensus roll of 1896.
Thomas P. Dawson was married on April 24, 1898, to Allen A. Allison, and Mariee J. Dawson is the issue of that marriage. The said child is identified by a birth affidavit on file with this Commission.
The evidence further shows that the said John Dawson and his wife, Sarah J., have resided together in the Cherokee Nation since 1883; that said Orle H. Dawson has resided in the Cherokee Nation since 1883; and that Thomas P. Dawson has resided in the Cherokee Nation since 1888. The residence of the minor children herein is considered to be that of their parents, with whom they are living.
Group 4, includes the applications of those claiming through the said Josephine Dawson, now deceased. At the time of her admission she was the wife of one Thomas Pierce, but was admitted to citizenship under maiden name of Dawson. The group embraces cases numbered D 408, D 409, D 431, D 471, D 472 and D 479.
The evidence shows that Robert Pierce, William Pierce, Charles E. Pierce, Oma Pierce, Effie Pierce ( not Effie Atkins) and Nancy J. Bogle, formerly Nancy J. Pierce are the children of the said Josephine Dawson. They were minors at the date of thier mother's admission to citizenship, and they are all identiefied on the Cherokee Census roll of 1896.
Nellie Pierce, a white woman, was married to said Robert Pierce on July 15, 1894. She has lived with her said huband since they were married, and Myrtle and Arthur Pierce are the issue of that marriage. Nellie Pierce is identifed on the Cherokee Census roll of 1896, and her two children are identified by birth affidavits on file with this Commission.
Oma Gray was married to John B. Gray on April 07, 1898, and Cecil and Velton Gray are the issue of that marriage. Oma Gray is identifed on the strip payment roll of 1894 and her children are identified by birth affidavits on file with this Commission.
John S. Bogle was married under a Cherokee marriage license, and in accordance with the laws of the Cherokee Nation on April 05, 1894,to the above named Nancy J. Pierce. He has lived with his said wife since they were married and his six children included in his application, and hereinbefore named, are the issue of that marriage. John S. Bogle and his two older children are identified on the Cherokee census roll of 1896, and his four younger children are identified by birth affidavits on file with this Commission.
The evidence further shows that the said William Pierce died in January 1902.
It further appears that Robert Pierce, Charles E. Pierce, nancy J. Bogle and Oma Gray have resided in the Cherokee Nation since 1884; that John S. Bogle, husband of Nancy J. Boble, and Nellie Pierce, wife of Robert Pierce, have resided in said Nation ever since they were married, and the residence of the minor children herein is considered to be that of their parents with whom they are living. It appears that Effie Akins was seventeen years old at the date of the application for her enrollment, and it further appears that she resided in the Cherokee Nation from about 1886 up to December, 1900, when she went to Colorado, was married there to Will Akins, and is now living in that state with her said husband.
Group 5, includes the application o the said Joseph Dawson, Wilburn Dawson and James Dawson, and embraces cases numbered D 364, D 475 and D 526.
Joseph R. Dawson is identified as the Jospeh Dawson admitted to citizenship in the Cherokee Nation as hereinbefore stated. He was married to Florence Jackson on May 16, 1886, and they have lived together since the date of their marriage. The said Florence jackson is the daughter of Ella Dawson, but she was of age at the date of her mother's admission to citizenship. The six children included in the application of said Joseph R. Dawson, and hereinbefore named, are the issue of the marriage between the said Joseph R. Dawson and Florence Jackson. The applicant, his said wife and his four older children are identified on the Cherokee Census roll of 1896. The two younger children are identified by birth affidavits on file with this Commission.
Wilburn Dawson is identified as the perosn of that name admitted to citizenship in the Cherokee Nation as hereinbefore stated. He is identified on the Cherokee Census roll of 1896.
James R. Dawson is identified as the James Dawson admitted to citizenship in the Cherokee nation as hereinbefore stated. His wife, Martha A. Dawson was married to him on February 20, 1890. She has lived with her said husband since the date of their marriage, and the four children included in the application of said James R. Dawson, and hereinbefore named, are the issue of said marriage. The applicant, his said wife and his three older children are identified on the Cherokee Census roll of 1896. The youngest child is identified by a birth affidavit on file with this Commission.
The evidence further shows that Joseph R. Dawson has resided in the Cherokee Nation since 1883; that Florence Dawson and Wilburn Dawson have resided in said Nation since 1886, and that James R. Dawson has resided in said Nation since 1883, exceptiong a temporary absence from 1889 to 1891. The residence of the minor children included in this group is considered to be that of their parents, with whom they are living.
Group 6, includes the application of Mollie Dawson and those claiming through her and embraces cases numbered D 513.
The evidence shows that Mollie Moore, formerly Dawson, is identified as the Mollie Dawson admitted to citizenship in the Cherokee Nation as hereinbefore stated. Her husband, Charles T. Moore, was married to her under a Cherokee marriage license, and in accordance with the laws of the Cherokee Nation on January 17, 1887. He has lived with his said wife since they were married and his six children included in his application, and hereinbefore named, are the issue of said marriage. Charles T. Moore, his wife Mollie, and his four older children are identified on the Cherokee Census roll of 1890; the younger children are identified by birth affidavits on file with this Commission.
The evidence further shows that said Charles T. Moore, his wife Mollie, and his oldest child have resided in the Cherokee nation since 1883; the younger children have resided in said Nation all their lives.
Group 7, includes the applications of those claiming through the above named Jane Dawson, whom at the time of her admission to citizenship in the Cherokee Nation, as hereinbefore stated, was the wife of one Alexander Blasingame, but she was admitted under her maiden name of Dawson. Jane Dawson is a resident of Arkansas, and is not an applicant for enrollment. This group embraces cases numbered D 832, D 833 and D 834.
The evidence shows that Henry A. Blasingame, Elbert L. Blasingame, and James R. Blasingame are the children of the said Jane Dawson. They were minors at the time of their mother's admission to citizenship and they are all identified on the Cherokee Census roll of 1896.
Henry A. Blasingame was married to his wife Birdie J., on December 06, 1896, and Vinnie C. Blasingame is the issue of that marriage. The said child is identified by a birth affidavit on file with this Commission.
Ida Blasingame, a white woman, was married to the said Elbert L. Blasingame on September 05, 1894. She has lived with her said husband ever since they were married and the four minor children included in the application of said Elbert L. Blasingame are the issue of that marriage. The said Ida Blasingame and her two older children are identified on the Cherokee Census roll of 1890. The two younger children are identified by birth affidavits on file with this Commission.
Mary A. Blasingame was married to the said James R. Blasingame on August 11, 1895. She has lived with her said husband since they were married and the three minor children included in this application of said James R. Blasingame, and hereinbefore named, are the issue of that marriage. Mary A. Blasingame and her oldest child are identified on the Cherokee Census roll of 1896. The two younger children are identified by birth affidavits on file with this Commission.
The evidence further shows that the said Henry A. Blasingame, Elbert L. Blasingame and James R. Blasingame removed to the Cherokee Nation in 1897 and have resided therein with their said wives ever since. The residence of the minor children included in this group is considered to be that of their parents, with whom they are living.
Group 8, includes the applications of those claiming through the said Elbert Dawson, and embraces cases numbered D 435, D 604, D 608, D 605, D 609, D 617, D 626 and D 627.
The evidence shows that Zona Patterson, formerly Dawson, William C. Dawson, Robert L. Dawson, Elbert B. Dawson, Richard W. Dawson, Ella L. Spickerman, formerly Dawson, and Francis M. Dawson are the children of the said Elbert Dawson. All of them, excepting the said Francis M. Dawson, were minors at the time of their father's admisstion to citizenship. Zona Patterson is identified on the Cherokee Census roll of 1896, and William C. Dawson, Robert L. Dawson, Elbert B. Dawson and Richard W. Dawson are identified on the strip payment roll of 1894. An examination of the Cherokee tribal rolld, in the possession of this Commission, shows that the said Ella L. Spickerman is also identified on the strip payment roll of 1894.
Martin L . Patterson was married under a Cherokee marriage license, and in accordance with the laws of the Cherokee Nation on July 13, 1890, to the said Zona Dawson. He has lived with his said wife since they were married and the six children included in his application, and hereinbefore named, are the issue of that marriage. Martin L. Patterson and his three older children are identified on the Cherokee Census roll of 1896, and his three younger children are identified by birth affidavits on file with this Commission.
Alice Dawson, maiden name Alexander, was married to the said William C. Dawson on November 18, 1886. She has lived with her said husband ever since they were married.
Elbert B. Dawson was married on February 16, 1898, to Cora Bright, a non-citizen, and his child Ralph E. Dawson is the issue of that marriage. The said child is identified by a birth affidavit on file with this Commission.
Sarah J. Dawson, maiden name Jones, was married to the above named Elbert Dawson about 1854, and lived with him as his wife until his death in February 1899, and has not re-married since his death. The Cherokee Supreme Court in the cases of Cherokee Nation vs. Nancy Rogers and Melissa Dawson vs. W.A. Dawson held that a white woman married to a Cherokee Indian at the time of his admission to citizenship acquires the rights of Cherokee citizenship.
Richard W. Dawson was married to Luella Mason, a white woman, on January 24, 1898. His child Ina E. Dawson is the issue of that marriage, and she is identified by a birth affidavit on file with this Commission.
Ella L. Spickerman was married to John J. Spickerman, a white man on September 07, 1897. Her children Hellen J. and William Glenn are the issue of that marriage. They are identified by birth affidavits on file with this Commission.
It further appears from the evidence that Francis M. Dawson, son of Elbert Dawson, at the time of his father's admission to citizenship in the Cherokee Nation was twenty-two or twenty-three years old. There is no evidence that the said Francis M. Dawson has been admitted to citizenship in the Cherokee Nation by the duly consituted authorities of said Nation, or by the Commission to the Five Civilized Tribes, or by the United States Court under the provisions of the Act of Congress approved June 28, 1898 ( 30 states., 495) provides for the enrollment of,
"All persons who have been enrolled by the tribal authorities who have heretofore made permanent settlement in the Cherokee Nation whose parents, by reason of their Cherokee blood have been lawfully admitted to citizenship by tribal authorities, and who were minors when their parents were so admitted."
The evidence further shows that Zona Patterson, William C. Dawson and Richard W. Dawson have resided in the Cherokee Nation since 1884; Robert L. Dawson, Elbert B. Dawson, Sarah J. Dawson, and Ella L. Spickerman since 1883; Alice Dawson since 1886, and Martin L. Patterson since 1894. The resdience of the minor children included in this group is considered to be that of their parents, with whom they are living.
Group 9, includes the applications of the said Missouri Dawson, and those claiming through her. The said Missouri Dawson at the time of her admission to citizenship was the wife of one John W. Graham, but she was admitted under her maiden name of Dawson, this group embraces cases numbered D 23, D 35, D 836, D 1124, D 1125, D 1126, D 1127 and D 1128.
The evidence shows that John W, graham was married under a Cherokee marriage license, and in accordance with the laws of the Cherokee Nation on February 12, 1888, to the said Missouri Dawson. He had been formerly married to her in the state of Texas in 1866, and has lived with her since that time. Temp V. and Robert S. Graham are the issue of the aforesaid marriage. John W. graham, his wife and two children are identified on the Cherokee Census roll of 1896.
Joe E. Graham was married to Mary Bradshaw, a non-citizen on January 06, 1989. William C. Graham is the issue of that marriage, and he is identified by a birth affidavit on file with this Commission.
John F. Graham was married on february 11, 1900, to Kattie Dawson, a non-citizen, and Edna M. and Robert Lee are the issue of that marriage. The said children are identified by birth affidavits on file with this Commission.
Bessie Graham was married on November 02, 1892, to the said James M. Graham. She has lived with him since the date of their marriage, and the six children included in the application of said James M. Graham, and hereinbefore named, are the issue of the said marriage. The oldest child Marion is dentified on the strip payment roll of 1894, and the five younger children are identified by birth affidavits on file with this Commission.
The evidence further shows that the said John W. Graham, his wife Missouri Graham, Gideon Graham, Matthew A. Painter, and his wife Laverna A. Painter, Florence P. Bradshaw, John F. Graham and Joe Willie Neal have resided in the Cherokee Nation since 1888, and that Joe E. Graham and James M. Graham have resided in the Cherokee Nation since 1884. The residence of the minor children included in this group is considered to be that of their parents, with whom they are living.
Group 10, includes the application of the said Ella Dawson and those claiming through her. The said Ella Dawson, at the time of her admission to citizenship, was the wife of Green W. Jackson, but she was admitted to citizenship under her maiden name of Dawson. This group embraces cases numbered D 395, D 476, D 508, D 830 and D 847.
The evidence shows that Green W. Jackson was married under a Cherokee marriage license, and in accordance with the laws of the Cherokee Nation on March 24, 1897 to the said Ella Dawson. He had been previously married to her in Texas prior to her admission to citizenship. From an affidavit made a part of this record it appears that Green W. Jackson died subsequent to the date of this application, and prior to September 01, 1902.
The evidence further shows that Flora Harmon, formerly Jackson, Toshie A. Jackson, William Jackson and Fannie Lenox, formerly Jackson, are the children of said Ella Dawson, now Ella Jackson. Flora Harmon, Toshie A. Jackson and Fannie Lenox were minors at the date of their mother's admission to citizenship, and they are all identified on the Cherokee Census roll of 1896.
James H. Harmon was married under a Cherokee marriage license, and in accordance with the laws of the Cherokee Nation on April 24, 1887, to the said Flora Jackson. He has lived with his wife since the date of their marriage, and the four minor children included in his application, and hereinbefore named, are the issue of the said maariage. James H. Harmon and his three older children are identified on the Cherokee Census roll of 1896. The youngest child is identifed by a birth affidavit on file with this Commission.
William C. Lenox was married under a Cherokee marriage license, and in accordnace with the laws of the Cherokee Nation on April 01, 1888, to the said Fannie Jackson. He has lived with his wife since the date of their marriage, and the two children Birtie E. and Myrtle Lenox, included in his application, are the issue of the said marriage. William C. Lenox and his two children are identified on the Cherokee Census roll of 1896.
Lizzie Jackson claims to have been amrried in 1888 to the said William Jackson, who is now deceased. It appears that William Jackson at the date of his mother's admission to citizenship, was over twenty-one years old. There is no evidence that the said William Jackson was ever admitted to citizenship in the Cherokee Nation, by the duly constituted authorities of said Nation, or by the Commission to the Five Civilized Tribes, or by the Untied States Court under the provisions of the act of Congress approved June 10, 1986 ( 29 states., 321). and hereinbefore named, are identified on the Cherokee Census roll of 1896, and they take only such rights as may have been possessed by the said William Jackson. The authority of the Commission herein is defined in Section twenty-one of the Act of Congress approved June 28, 1898 ( 30 states., 495), heretofore quoted.
The evidence further shows that the said Ella Jackson, the said Flora Harmon and the said Toshie A. jackson have resided in the Cherokee Nation since 1884, and that William C. Lenox, and his wife Fannie Lenox have resided in the Cherokee Nation since 1888. The residence of the minor children included in this group is considered to be that of their parents, with whom they are living.
Group 11, includes the applications of those claiming through Malvina Dawson and embraces case numbered D 839.
The evidence shows that the James Lowe is the son of the said Malvina Dawson, and that at the time of her admission to citizenship the said James Lowe was over 21 years old. There is no evidence that James Lowe was ever admitted to citizenship in the Cherokee nation, by the duly constituted authorities of said Nation, or by the Commission to the Five Civilized Tribes, or by the Untied States Court under the provisions of the act of Congress approved June 10, 1896 ( 29 states., 321). It further appears that the said James Lowe was married on June 12, 1887, to Mollie Knight, a white woman, and the four minor children included in his application and hereinbefore named, are the issue of that marriage. James Lowe and his said children are identified on the Cherokee Census roll of 1896 and said children take only the rights which may have been acquired by their father.
The authority of the Commission herein is defined in Section 21 of the Act of Congress approved June 28, 1898 (30 states., 494), heretofore quoted.
Group 12 includes the applications of those claiming through the said W.A. Dawson and embraces cases numbered D 405, D 406, D 715, R 12 and R 13.
The evidence shows that Millie T. Dawson was married to the said W.A. Dawson in 1892 and lived with him as his wife in the Cherokee Nation until his death in 1899, and that she has not re-married since his death. Texanna Woolley is the daughter of said W.A. Dawson and his former wife Melissa A. Dawson. Texanna Woolley was aminor at the date of her father's admission to citizenship, and she is identified on the strip paymnet roll of 1894. She was married on march 27, 1898, to James Woolley, and her children Irene W. and Wilburn R., are the issue of that marriage. They are identified by birth affidavits on file with this Commission.
Henry T. Richardson was married under a Cherokee marriage license, and in accordnace with the laws of the Cherokee Nation on July 11, 1886, to one Sellar Dawson, who was the daughter of the said W.A. Dawson by his first wife Melissa A. Sellar Dawson was a minor at the date of her father's admission to citizenship. Henry T. Richardson lived in the Cherokee Nation with his wife Sellar from the date of their marriage until her death in 1892. On September 22, 1898, Henry T. Richardson married one Kitty Flourney, maiden name Dawson. The said Kitty Flourney was re-admitted to citizenship in the Cherokee Nation by an Act of the Cherokee National Council on December 01, 1894. Of the children herein applied for, Delia F. Richardson is the child of the applicant by his first wife, Sellar. Finis T. Richardson and Jasper C. Richardson are the children by his wife Kitty. Edgar, Walter, Alice, Laura, Oscar, Claude and Edna Flourney are the children of his said wife Kitty by a former husband. The six older children were admitted to citizenship in the Cherokee Nation on December 01, 1894, with their mother as the members of her family. The youngest child Edna Flourney was born in 1896 and was living at the date of this application. Delia F. Richardson is identified on the Cherokee Census roll of 1896, and Finis T. and Jasper C. Richardson are identified by birth affidavits on file with this Commission.
Etta Brauer is the daughter of said W.A. Dawson, and was a minor at the date of her father's admission. She was married in 1892 to a non-citizen but such marriage was not in accordance with Cherokee laws. She is identified on the Cherokee Census roll of 1896.
Melissa A. Dawson was married to the said W.A. Dawson in the state of texas on September 28, 1873. The Supreme Court of the Cherokee Nation in the case of Melissa A. Dawson vs. W.A. Dawson, decided that Melissa A. Dawson, the applicant herein was a citizen of the Cherokee Nation by virtue of intermarriage with her said husband, W.A. Dawson. She is identified on the Cherokee Census roll of 1896, and she has not re-married since her divorce from said W.A. Dawson.
The evidence shows that texanna Woolley has resided in the Cherokee nation since 1884; that Etta Brauer and Melissa A. Dawson have resided in the Cherokee Nation, with the exception of temporary absences, since 1884; that Henry T. Richardson has resided in the Cherokee Nation since 1886, and that Kitty Richardson, his wife, has resided in the Cherokee Nation since 1894. The residence of the minor children included in this group is considered to be that of their parents, with whom they are living.
Group 13, includes the following applications: Hiram F. Weddle, et al D 521; William D. Douthitt, D 522; Alonzo M. Fishback, D 343; Florence Morgan, et al D 737; John E. Fishback, D 845 and George A. Mabry, et al D 979. The persons embraced in these applications are related to the above named Dawsons. They are not claiming the right to enrollment by virtue of such relationship, but rely upon a separate adjustication of their rights.
The evidence shows that Hiram F. Weddle was married under a Cherokee marriage license, and in accordnace with the laws of the Cherokee Nation on September 13, 1884, to Lula P. Douthitt, who was admitted to citizenship in the Cherokee Nation by the said "Spears Court" on September 13, 1884. Curtis, Morris O. and Roy Weddle are the issue of the said marriage. Hiram F. Weddle and his wife are identifed on the Cherokee Census roll of 1896, and their three children are identified by birth affidavits on file with this Commission.
William D. Douthitt is the borther of said Lula P. Weddle, and was admitted to citizenship in the Cherokee Nation with his said sister on September 13, 1884. He is identified on the Cherokee Census roll of 1896.
Alonzo M. Fishback was married under a Cherokee marriage license and in accordance with the laws of the Cherokee Nation on May 17, 1893, to Laverna A. Dawson. He had been previously married to the same wife in Texas in 1877, and has lived with her ever since. It appears that Laverna Fishback was re-admitted to citizenship in the Cherokee Nation by an Act of the Cherokee National Council on December 01, 1894. William A. and Annie B. Fishback are the issue of the said marriage. Alonzo M. Fishback and his said wife and children are all identified on the Cherokee Census roll of 1896, and his wife is also identified on the Cherokee pay roll of 1890.
Florence Morgan, the wife of Elbert L. Morgan, is the daughter of the Kitty Richardson heretofore mentioned and was admitted to citizenship in the Cherokee Nation on December 01, 1894 with the said Kitty Richardson as a member of her family. Clide and Alice A. Morgan are her children by her said husband. The said children are identified by birth affidavits on file with this Commission.
Joe E. Fishback is the son of Laverna Fishback, who was re-admitted to citizenship on December 01, 1894, as heretofore stated. He was a minor at the date of his mother's admission to citizenship and he is identified on the Cherokee Census roll of 1896.
Geogre A. Mabry was married to one Enda Dawson in the state of Arkansas in 1884. He claims to have been married under a Cherokee marriage license to his said wife in 1889, but he presents no satifactory proof of such marriage. Edna Dawson was re-admitted to citizenship in the Cherokee Nation by an Act of the Cherokee national Council on December 01, 1894. Roby and Charley Mabry are her children by her said husband, George A. Mabry. Edna Mabry is identified on the strip payment roll of 1894, and the two children were minors at the date of their mother's admission to citizenship.
The evidence further shows that Alonzo M. Fishback and his wife Laverna A. Fishback have resided in the Cherokee Nation since 1883; that Lula P. Weddle, William D. Douthitt, and John E. Fishback have resided in the Cherokee Nation since 1884, and that Florence Morgan and Edna Mabry have resided in said Nation since 1894. The residence of the minor children included in this group is considered to be that of their parents, with whom they are living.
All birth affidavits for the minor children embraced in this decision, and heretobefore noted, are made part of this record.
It is considered by the Cherokee Nation that the applicants herein are not entitled to be enrolled by this Commission because they have never been lawfully admitted or enrolled by the Cherokee authorities, and that the judgment of the Cherokee Commission on Citizenship admitting Robert Dawson and his family was obtained by fraud on the part of said Dawson.
In considering the question at issue, it is the opinion of this Commission that it has no power, and that it is not the purpose of this proceeding, to review or set aside the judgment in the Dawson case, or to determine such questions as were necessarily involved in the issues before the Cherokee Commission, and were passed upon by that Commission. In the United States vs. Throckmorton, 98 U.S. page 61, it is stated, "the doctrine is well settled that the Court will not set aside a judgment because it was founded on perjured testimony or for any matter which was actually presented and considered in the judgment assailed." Only such facts therefore, are considered by this Commission, as were not part of the record in the Robert Dawson case before the Teehee Commission, and which tend to show whether the judgment admitting the Dawsons was a bona fide judgment of the Teehee Commission, or whether such judgment is void because of fraud, and upon this proposition the burden of proof is upon those attacking the judgment.
Briefly stated, the circumstances attending the admission of the Dawsons appear to be as follows:
On September 24, 1881, an application was made to the Cherokee Commission on Citizenship known as the "Teehee Court" for admission to Cherokee citizenship of Robert Dawson and the members of his family above mentioned. The members of that Commission were Thomas Teehee, Alex Wolfe, and T. F. Thompson. The first two were full blood Cherokee Indians; they could understand, but could not talk English. One D.W.C. Duncan was the Clerk of the Commission. The Dawson case continued several times before final decision. J.M. Bryan appears to have been an attorney in the case, and after some delay he notified Francis M. Dawson that the case would be taken up by the Commission at its session in January, 1883, and also informed him that C.H.Taylor would look after Dawson's interests as he, Bryan, would be in Washington. On receipt of this notice Francis M. Dawson went to Fort Gibson, Cherokee Nation, and made arrangements with his uncle Samuel H. Benge to go to Tahlequah and conduct the case. Benge who is a witness herein testifies that he was connected with the Dawson case when it was commenced in 1881; that it was continued several times for want of evidence, and that in January, 1883, in company with F.M. Dawson he went to Tahlequah and while there secured the testimony of Tosh Rogers, a negro, who knew the Dawson's ancestors, and that after getting his evidence the case was submitted to the Commission. He further testifes that the Commission rendered a decision against the Dawsons and that next morning the Commission reopened the case, but not upon motion of the witness, and rendered a judgment admitting the Dawsons to citizenship. He further states that on his way home to Fort Gibson with Dawson he remarked to the latter, "it was a pretty hard blow when they rendered a decision against us," to which Dawson is alleged to have replied, "yes, but Duncan was the man to reach and he reached him with five hundred dollars."
Dawson denies ever having had such a conversation and says that he did not return to Fort Gibson with Benge but went home to Arkansas by a different route.
C.H. Taylor testifies that he was an attorney in the case and was present when the case was decided. He says there were only two Commissioners present, Teehee and Wolfe. He further testifes that D.W.C. Duncan, the Clerk of the Court asked the witness to let him know when any large citizenship cases came up; that he introduced F.M. Dawson to Duncan on the evening of January 10th, heard part of a conversation between them in which Duncan addressing Dawson said, "there is a hitch in your evidence, if that was straightened out it will be all right." Next morning witness says Dawson told him to call up the case, which he did. That there was no additional evidence introduced and no argument made, and that the case was then decided in favor of the Dawsons. Witness further testifies that Dawson gave him twenty dollars and said he would send him the balance in a short time, that in the course of ten days he sent him one hundred dollars with directions to pay over half of it to Duncan; that Dawson soon afterwards sent him another hundred dollars with the same instructions to give Duncan half of it.
Dawson denied the matters testified to by Taylor excepting in the matter of paying Taylor money, which he admits in part, but says that the twenty dollars mentioned was sent to taylor about a year after the decision, and that he instructed taylor to pay it over to Duncan to pay for a land claim, and that the other money was in payment to J.M. Bryan's attorney fees which taylor represented to Duncan he had no collection against him. Taylor's reputation for truth and veracity has been impeached by various disinterested witnesses.
The evidence which may be considered as tending to support the charge of fraud is the testimony of S.H.Benge, C.H. Taylor, ThomasM. Babeart, J.L. Clinenbeard, James W. Lewis, C.G. Braught and David Meredith.
S.H.Benge testifies that a judgment adverse to the Dawsons was rendered by the Commission on the evening of one day and without any additional proceedings in the case that judgment was reversed on the morning of the next day.
Even if this were a material fact, there is no other proof that two judgments in the case was ever rendered. The record of the proceedings and judgment in the Commission's docket is all on one page, the entry of the application in 1881 and the first continuance being entered under authority of a former Commission and by a different clerk, and there is no evidence of erasure on that page. It is not an unusual thing for a Court to change its judgmnet, and this fact, if it is a fact, is not in itself any evidence of fraud.
Thomas B. Babeart testifies that the one James Dawson, a man of forty or fifty years of age, in company with Butler, the Commission's interpreter and Jim Smith, soliciton for the Nation, came to the witness in Tahlequah the evening of January 10, 1883, to borrow some money; that Dawson was vouched for by Butler as a responsible party and that Dawson told the witness that he had to have money that night, that his case was to be submitted the next day if he could get some money, that Smith had agreed to submit the case without evidence, and that the witness thereupon let Dawson have ten dollars.
Admitting all this to be true and that the influence of these officals was purchased for the sum of ten dollars, the Commission fails to see how these alleged facts show that the Court was imposed upon or misled. Bribery of officals to use their influence with the Commission would not necessarily vitiate the judgment, but it must appear that the fraud, or corruption reached the members of the Commission and teinted the judgment itself. The case was not submitted without evidence as appears from the record, and it is shown that such evidence was carefully considered by that Commission. Furthermore, the evidence shows that there was so such person then in Tahlequah as the James Dawson described by witness.
Clickenbeard testifies that he had a talk with Elbert Dawson about 1881; that Dawson told him he had only one witness, Dr. Baker of Arkansas, "an old man 85 or 90 years old who did not know straight up" and that he could give Dr. Baker four drinks of Arkansas whiskey and he would swear black was white. Witness further testifies that Dawson told him that money was what made the mare go in Texas, and that he had found out that it goes here too.
Assuming that this Commission can go into thequestion of perjury in conncetion with evidence in that case, the testimony of Clickenbeard establishes, if anything, only the facts stated, and does not prove that Dr. Baker committed perjury in giving his testimony before the Commission. Further, it is not clear that Dr. Baker was the only witness in the case. Benge stated that Tosh Rogers was a witness, Duncan is under that impression also, and T.F. Thompson, one of the Commissioners, states that he thinks there were three witnesses. The testimony of Dr. Baker, seems, however, to be the only testimony preserved of record. As to whether Doctor Baker offered perjured testimony by Dawson's procurement, it is proper to state that the evidence of W.H. Curtis and A.S. McKennon, witnesses for applicants, show that Doctor Baker was a man of integrity and was not addicted to drinking.
The testimony of James W. Lewis is to the effect that he had a conversation with F.M. Dawson about 1883, in which Dawson had told the witness that it had cost him seven hundred dollars to get his rights. Draught also testifies that he was an applicant for citizenship about 1881 or 1882, and that while his case was pending he had a talk with F.M. Dawson who told him that if he (the witness) ever got in, it would cost him seven hundred dollars, and made arrangements with the Court to get the Dawsons in at one hundred dollars a family. David Meredith testifies that he had a talk with old James Dawson in 1886, and that the latter told the witness it cost him twelve hundred dollars to get his case through.
It can hardly be urged that such evidence is sufficient to show that the emebers of the Teehee Commission were corrupted by the fraudulent use of money. So far as these witnesses have been able to testify the money spent by the Dawsons might have been for proper and legitimate purposes. F.M. Dawson gives a detailed statement of what the case cost him and his brother in a legitimate way. The presumption can not be indulged that such moneys were used for fraudulent purposes and the proof to the contrary must be very clear before this Commission will deny applicants the right to be enrolled upon that ground.
Admitting the truth of all the testimony in this case as to the actual transfer of money by the Dawsons, it appears that Duncan, Butler, and Smith were the only beneficiaries of that money. There is no evidence that the members of the Commission received or were offered any of it.
The judgment entered in the Commission's docket shows the signature of the three members of the Commission appended thereto. There is some conflict as to whether Duncan signed Thompson's name, or whether Thompson affixed his own signature. Duncan testified that all three signatures were made by him as Clerk under authority of the Commissioners present, the two full bloods being unable to sign their names. T.F. Thompson testifies that he signed the original transcript of the judgment, which was made on the day of its rendition. The question, however, is not considered to be very material. The signing og judgments by each Commissioner appears to have been a matter of custom only. T.F. Thompson testifies that he remembers the Dawson case and recognizes the judgment therein as the final judgment of the Commission, and that there was no fraud or corruption in the procurement of that judgment by the Dawson or by any one else so far as he knew.
Much evidence has been introduced by the Cherokee Nation for the purpose of showing that the ancestor, through whom the Dawsons claim, was not a Cherokee, and that other members of the Dawson family, claiming from the same source, have been denied Cherokee citizenship by subsequent Cherokee tribunals, and also by this Commission and by the United States Court. Such evidence, in the opinion of this Commission, is not competent for any purpose in this proceeding. The only question before this Commission is whether there was fraud in the procurement of the Robert Dawson judgment, and not whether the applicants are Cherokee Indians, or whether they ought to have been admitted to citizenship upon the proof submitted. These were the questions presented, considered and passed upon by the Teehee Commission. If their decision is a valid and regular judgment, it is binding on this Commission. If, on the contrary, the applicants have never been lawfully admitted to citizenship, because the judgment under which they claim is void, for fraud, then the question as to whether they are Cherokees by blood is not material, as this Commission has now no authority to admit them to citizenship.
While it is true, that since 1883, a number of applicants, members of the Dawson family, have been denied admission to citizenship in the Cherokee Nation, no argument derived therefrom is of any force, for it is also true that other members of the same family have been admitted to citizenship, and the action of the Cherokee authorities in admitting them has never been questioned by the Cherokee Nation. Whatever inference, therefore, may be dram from these facts applies with equal force both for and against the validity of the judgment in question.
The Dawsons have lived in the Cherokee Nation, most of them since 1883; they have exercised the rights of Cherokee citizenship for many years, some of them occupying official positions in the Nation, and no protest seems to have been made against their citizenship until within the last few years. The records of the Cherokee Nation, in the possession of this Commission, show, that since 1883, there have been Commissions on citizenship charged with authority to investigate the judgmnets of former tribunals alleged to have been secured by fraud, and the Cherokee Legislature had power to order an investigation, and to create a tribunal with authority to set aside a judgment so obtained. To such action appears to have been taken by the Cherokee authorities with reference to the judgment of the Teehee Commission in the Robert Dawson case.
After a careful consideration of all the facts in this case this Commission is of the opinion that the evidence fails to establish that the Dawsons secrued their admission to citizenship by fraud or that the judgment of the Teehee Commission as rendered January 11, 1883, was fraudulent as the result of corruption, bribery, or deception upon the part of the Dawsons, or their agents, and that such judgment, and also the judgment of the Spears Commission in 1884, and the Act of the Cherokee National Council on December 01, 1894, which have not been attacked by the Cherokee Nation, being regular on thier face, must therefore be accepted by this Commission as the valid judgments of the duly constituted Cherokee authorities.
It is therefore, the opinion of this Commission that, (Group 1.) Francis M. Dawson, son of Robert Dawson, Lula Dawson, Ray Dawson, Jessie J. Dawson, Jacob L. Dawson, Hugh A. Dawson, Laura A. Dawson, John Dawson, William R. Dawson, Lizzie Atkins, Francis M. Dawson, Jr., son of Francis M. Dawson and grand-son of Robert Dawson,
(Group 2.) Samuel R. Dawson, August Dawson, Mate Dawson, Robert Dawson, Albert H. Dawson, Ralph H. Dawson, Alford Dawson, Josephine Bulawsky, Dora Bulawsky, Ida Bulawsky, Annie Bulawsky, Blanche Bulawsky, May Bulawsky, Oscar Bulawsky, John W. Dawson, Katie Newman,
(Group 3.) John Dawson, Robert B. Dawson, Iola M. Dawson, Lemuel H. Dawson, Rosa B. Dawson, Charles B. Dawson, Hattie J. Dawson, Jennings B. Dawson, James U. Dawson, Virgil C. Dawson, Thomas P. Dawson, Mariee J. Dawson, Orle H. Dawson, Burr R. Dawson, James W. Dawson,
(Group 4.) Robert Pierce, Myrtle Pierce, Arthur Pierce, Charles E. Pierce, Oma Gray, Cecil Gray, Velton Gray, Effie Akin (formerly Effie Pierce), Nancy J. Bogle, James E. Bogle, Edna M. Bogle, John H. Bogle, Marvin R. Bogle, Claud Bogle, Nancy Edith Bogle,
(Group 5.) Joseph R. Dawson, Clarence E. Dawson, Council J. Dawson, Elmer A. Dawson, Cleo Dawson, Rufus T. Dawson, Wilburn Dawson, Edgar Dawson, James R. Dawson, Vinnie D. Dawson, Ermine C. Dawson, Edwin C. Dawson, Ancil F. Dawson,
(Group 6.) Mollie Moore, Nora Moore, Walter Moore, Clara Moore, Ora Moore, James W. Moore, Edna E. Moore,
(Group 7.) Henry A. Blasingame, Vinnie C. Blasingame, Elbert L. Blasingame, Ellis W. Blasingame, Earl D. Blasingame, Alexander Blasingame, Jr., Elmer H. Blasingame, James R. Blasingame, William A. Blasingame, George L. Blasingame, Grace D. Blasingame,
(Group 8.) Zona Patterson, Sarah A. Patterson, Martha A. Patterson, Claud A. Patterson, Edgar D. Patterson, Thomas M. Patterson, Virgil V. Patterson, William C. Dawson, Robert L. Dawson, Elbert B. Dawson, Ralph E. Dawson, Richard W. Dawson, Ina E. Dawson, Ella L. Spickerman, Hellen J. Spickerman, William Glenn Spickerman,
(Group 9.) Missouri Graham, Tempa V. Graham, Robert S. Graham, Gideon Graham, John W. Graham, Julius E. Graham, Francis W. Graham, Mary E. Graham, Jesse E. Graham, Gracie M. Graham, Florence M. Graham, Laverna A. Painter, Ada R. Painter, Eva P. Painter, John W. Painter, Ray D. Painter, Roberta A. Painter, Roy V. Painter, Florence P. Bradshaw, Myrtle Bradshaw, Claude Bradshaw, Joe E. Graham, William C. Graham, John F. Graham, Edna M. Graham, Robert Lee Graham, Joe Willie Neal, James M. Graham, Marion Graham, Maggie Graham, Luther Graham, Floyd Graham,
(Group 10.) Ella Jackson, Flora Harmon, Lillie R. Harmon, Claud Harmon, Dwight Harmon, William D. Harmon, Toshie A. Jackson, Fannie Lenox, Birtie E. Lenox, Myrtle Lenox,
(Group 11.) Texanna Woolley, Irene W. Woolley, Wilburn E. Woolley, Kitty Richardson, Edgar Flourney, Walter Flourney, Alice Flourney, Laura Flourney, Oscar Flourney, Claude Flourney, Edna Flourney, Finis T. Richardson, Jasper C. Richardson, Delia F. Richardson, Etta Brauer,
(Group 12.) Lula Pearl Weddle, Curtis Weddle, Morris O. Weddle, Roy Weddle, William D. Douthitt, Laverna A. Fishback, William A. Fishback, Annie B. Fishback, Florence Morgan, Clide Morgan, Alice A. Morgan, John E. Fishback, Edna Mabry, Roby Mabry, and Charley Mabry,
should be enrolled as citizens by blood of the Cherokee Nation in accordance with the provisions of Section twenty-one of the Act of Congress approved June 28, 1898 (30 stats., 495), and that
(Group 1.) Katie Dawson, Andrew C. Atkins,
(Group 2.) Catherine Dawson, Sarah F. Dawson, August Bulawsky, Nannie Dawson,
(Group 3.) Sarah J. Dawson, maiden name Wood,
(Group 4.) Nellie Pierce, John S. Bogle,
(Group 5.) Florence Dawson, Martha A. Dawson,
(Group 6.) Charles T. Moore,
(Group 7.) Ida Blasingame, Mary A. Blasingame,
(Group 8.) Martin L. Patterson, Alice Dawson, Sarah J. Dawson, maiden name Jones,
(Group 9.) John W. Graham, Elizabeth Graham, Matthew A. Painter, Charles T. Bradshaw, Bessie Graham,
(Group 10.) James H. Harmon, William C. Lenox,
(Group 11.) Millie T. Dawson, Henry T. Richardson, Melissa A. Dawson,
(Group 12.) Hiram F. Weddle and Alonzo M. Fishback, should be enrolled as citizens by intermarriage of the Cherokee Nation in accordance with the provisions of said Section twenty-one of the Act of Congress, and it is so ordered.
It is further the opinion of this Commission that, for the reasons heretofore stated, the applications for the enrollment of Arizona Allred and William C. Allred, (embraced in D 835); Francis M. Dawson, son of Elbert Dawson, (embraced in D 627); Osie Jackson, Lizzie Jackson, Jessie Jackson, Ray Jackson, and Clyde Jackson, the children of William and Lizzie Jackson, (embraced in D 830); James Lowe, May Lowe, Zelma Lowe, Roberta Lowe, and Rosa Lowe, (embraced in D 839), as citizens by blood of the Cherokee Nation, and that the applications of Lizzie Jackson, widow of William Jackson, (embraced in D 830), and George A. Mabry, (embraced in D 979), as citizens by intermarriage of the Cherokee Nation should be denied, in accordance with the provisions of the law heretofore quoted, and it is so ordered.
As hereinbefore stated, William Pierce, (D 409) and cecil Dawson, (D 358), and Green W. Jackson, (D 395), died prior to September 01, 1902. It further appears from affidavits, made part of this record that Liddie and Margaret Graham, (D 1128), have died since the date for application for their enrollment and prior to September 01, 1902.
It is, therefore, ordered that the applications for the enrollment of said William Pierce, Cecil Dawson, Green W. Jackson, Liddie Graham, and margaret Graham, be and the same are hereby dismissed.
COMMISSION OF THE FIVE CIVILIZED TRIBES,
(Signed) TAMS BIXBY
Acting Chairman.
(Signed) T.B. NEEDLES,
Commissioner.
(Signed) C.R. BRECETINRIDGE,
Commissioner.
Dated at Muskogee, Ind. Ter.,
this December 23, 1902.