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African-Native American Genealogy Forum

An Act to Provide for Final Disposition...I.T....

Greetings,

In the "discussion" recently by "the spokesman who shall not be named" and Marilyn Vann, "he" continued the spin that the freedmen (and I take it to mean, the freedmen only) "Congress removed Treaty rights of Freedmen forty years after Treaty of 1866."

First, this has been the "official" position of the tribe in the last year I believe but, never have they indicated publicly just what act of Congress accomplished this removal of citizenship from the "Cherokee Freedmen."

However, if you look at many of the Dawes Allotment/Enrollment cards you will see a notation on them when referencing children who do not appear on the original Dawes Card but are enumerated on a minor or newborn card. That notation usually has a reference to the Act of "Apr. 26, 1906." This refers to "An act to provide for the final disposition of the affairs of the Five Civilized Tribes in the Indian Territory and for other purposes."

As I recall the "discussion" between Marilyn Vann and U.NO.WHO, the very act that these minors were placed on the rolls constituted there continued rights of citizenship. One item that is unique to this episode is there was a Chickasaw Minor Roll that was compiled but because their Freedmen were not adopted as citizens, there list of minors does not appear on the Final Rolls.

As Miller stated, "History is not a snapshot in time." The one thing I agree with and why the Five Slave Holding Tribes "got some splainin' to do?" :|

Clearly I risk assuming this is what "the tribe" and "the Unprincipled Chief" are refering too, but what the heck, I'm not a lawyer, Mike Miller says he's not a lawyer, and Marilyn Vann's not a lawyer, so I guess I'm in good company as I step out on this limb.

I'm still looking through this act but I have to admit, there really is nothing I've seen so far that supports the Unprincipled Chief.

One of the underhanded things that was placed in this act was the inability of anyone with Indian ancestry wrongly placed on the freedmen roll would not be able to be transfered to the by blood roll. There was considerable opposition as you may expect from attorneys who represented people who were considered freedmen but were arbitrarily defined as "illegitimate" and therefore taking the "race" of their mother. There's that inference to "race" that none of the "officials" and "spokesperson" of the tribe seem to think is not a part of this issue, hmmmm. :\

Darlene, put on another pot of coffee! 8)

Let's review:

JOINT RESOLUTION extending the tribal existence and government of the Five Civilized Tribes of Indians in the Indian Territory.

Resolved by the Senate and House of Representatives of the United States of America In Congress assembled, That the tribal existence and present tribal governments of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes or nations of Indians in the Indian Territory are hereby continued in full force and effect for all purposes under existing laws until all property of such tribes, or the proceeds thereof, shall be distributed among the individual Diem- hers of said tribes unless hereafter otherwise provided by law.

Approved, March 2, 1906.

AN ACT To provide for the final dispoit1on of the affairs of the Five Civilized Tribes
in the Indian Territory, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That after the approval of this Act no person shall be enrolled as a citizen or freedman of the Choctaw, Chickasaw, Cherokee, Creek, or Seminole tribes of Indians in the Indian Territory, except as herein otherwise provided, unless application for enrollment was made prior to December first, nineteen hundred and five, and the record in charge of the Commissioner to the Five Civilized Tribes shall be conclusive evidence as to the fact of such application; and no motion to reopen or reconsider any citizenship case, in any of said tribes, shall be entertained unless filed with the Commissioner to the Five tivil1zed Tribes within sixty days after the date of the order or decision sought to be reconsidered except as to decisions made prior to the passage of this Act, in which cases such motion shall be made within sixty days after the passage of this Act: Provided, That the Secretary of the Interior may euro)] persons whose names appear upon any of the tribal rolls and for whom the records in charge of the Commissioner to the Five Civilized Tribes show application was made prior to December first, nineteen hundred and five, and which was not allowed solely because not made within the time prescribed by law.

Sec. 2. That for ninety days after approval hereof applications shall be received for enrollment of children who were minors living March fourth, nineteen hundred and six, whose parents have been enrolled as members of the Choctaw, Chickasaw, Cherokee, or Creek tribes, or have applications for enrollment pending at the approval hereof, and for the purpose of enrollment under this section illegitimate children shall take the status of the mother, and allotments may be made to children so enrolled. If any citizen of the Cherokee tribe shall fail to receive the full quantity of land to which he is entitled as an allotment, he shall be paid out of any of the funds of such tribe a sum equal to twice the appraised value of the amount of land thus deficient, The provisions of section nine of the Creek agreement ratified by Act approved March first, nineteen hundred and one, authorizing the use of funds of the Creek tribe for equalizing allotments, are hereby restored and reenacted, and after the expiration of nine months from the date of the original selection of an allotment of land In the Choctaw, Chickasaw, Cherokee, Creek, or Seminole tribes, and after the expiration of six months from’ the passage of this Act as to allotments heretofore made, no contest shall be instituted against such allotment: Provided, That the rolls of the tribes affected by this Act shall be fully completed on or before the fourth day of March, nineteen hundred and seven, and the Secretary of the Interior shall have no jurisdiction to approve the enrollment of any person after said date: Provided further, That nothing herein shall be construed so as to hereafter permit any person to file an application for enrollment in any tribe where the date for filing application has been fixed by agreement between said tribe and the United States: Provided, That nothing herein shall apply to the intermarried whites In the Cherokee Nation, whose cases are now pending in the Supreme Court of the United States.

Sec. 3. That the approved roll of Creek freedmen shall include only those persons whose names appear on the roll prepared by .J. W. Dunn, under authority of the United States prior to March fourteenth, eighteen hundred and sixty-seven, and their descendants born since said roll was made, and those lawfully admitted to citizenship in the Creek Nation subsequent to the date of the preparation of said roll, and their descendants born since such admission, except such, If any, as have heretofore been enrolled and their enrollment approved by the Secretary of the Interior.

The roll of Cherokee freedmen shall include only such persons of African descent either free colored or the slaves of Cherokee citizens and their descendants, who were actual personal bona tide residents of the Cherokee Nation August eleventh, eighteen hundred and sixty-six, or who actually returned and established such residence in the Cherokee Nation on or before February eleventh; eighteen hundred and sixty-seven; but this provision shall not prevent the enrollment of any person who has heretofore made application to the Commission to the Five Civilized Tribes or its successor and has been adjudged entitled to enrollment by the Secretary of the Interior.

Lands allotted to freedmen of the Choctaw and Chickasaw tribes shall be considered “homesteads,” and shall be subject to nil the provisions of this or any other Act of Congress applicable to homesteads of citizens of the Choctaw and Chickasaw tribes.

Sec. 4. That no name shall be transferred from the approved freedmen or any other approved rolls of the Choctaw. Chickasaw, Cherokee, Creek or Seminole tribes, respectively, to the roll of citizens by blood, unless the records in charge of the Commissioner to the Five Civilized Tribes show that application for enrollment as a citizen by blood was made within the time prescribed by law by or for the party seeking the transfer, and said records shall be conclusive evidence as to the fact of such application, unless It be shown by documentary evidence that the Commission to the Five Civilized Tribes, actually received such application within the time prescribed by law.
Sec. 5. That all patents or deeds to allottees in any of the Five Civilized Tribes to be hereafter issued shall issue in the name of the allottee, and if any such allottee shall die before such patent or deed becomes effective, the title to the lands described therein shall inure to and vest In his heirs, and in case any allottee shall die after restrictions have been removed, his properly shall descend to his heirs or his lawful assigns, as if the patent or deed had issued to the allottee during his life, and all patents heretofore issued, where the allottee died before the same became effective, shall be given like effect; and all patents or deeds to allottees and other conveyances affecting lands of any of said tribes shall be recorded in the office of the Commissioner to the Five Civilized Tribes, and when so recorded shall convey legal title, and shall be delivered under the direction of the Secretary of the Interior to the party entitled to receive the same: Provided, The provisions of this section shall not affect any rights involved In contests pending before the Commissioner to the Five Civilized Tribes or the Department of the Interior at the date of the approval of this Act.

Sec. 6. That If the principal chief of the Choctaw, Cherokee, Creek, or Seminole tribe, or the governor of the Chickasaw tribe shall refuse or neglect to perform the duties devolving upon him, he may be removed from office by the President of the United States, or if any such executive become permanently disabled, the office may be declared vacant by the President of the United States, who may fill any vacancy arising from removal, disability or death of the incumbent, by appointment of a citizen by blood of the tribe.

If any such executive shall fail, refuse or neglect, for thirty days after notice that any instrument is ready for his signature, to appear at a place to be designated by the Secretary of the Interior and execute the same, such instrument may be approved by the Secretary of the Interior without such execution, and when so approved and recorded shall convey legal title, and such approval shall be conclusive evidence that such executive or chief refused or neglected after notice to execute such instrument.


18 Dec 2002 :: 14 Nov 2008
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