Brief & Argument
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Original Grant
Original Patent to Choctaw Nation
Choctaw Constitution 1860
Rights Conferred by Treaty of 1830
Triangular Treaty of 1837
Abolition of Slavery~Treaty 1866
Adoption of Rules & Regulations~Choctaw
Rights to Enrollment as Citizens by Blood
Act of June 7, 1897, Defining"Rolls of Citizenship"
No Tribal Rolls Confirmed            

The following were received at Washington, D. C., from

Mr. Webster Ballinger:  

Brief and Argument of Mr. Webster Ballinger Before the Select Committee of the United States Senate to Investigate Affairs in the Indian Territory

EXPLANATION  

The petitioners herein ask remedial legislation, and as a reason therefore assign

 I  

That they are in fact citizens by blood of the Choctaw and Chickasaw nations by reason of their descent from recognized citizens thereof.

 II  

That under and by virtue of the treaty of 1830 the lands now held In common by the Choctaw and Chickasaw nations were to be ceded to the Choctaw Nation and their descendants.  

III  

That the patent issued in conformity with the provisions of the treaty of 1830 conveyed the lands now occupied by the Choctaw and Chickasaw nations to the Choctaw Nation and their descendants.  

IV  

That they are in fact lineal descendants by blood of the identical persons to whom the grant was originally made.  

V  

That they acquired their citizenship in the Choctaw and Chickasaw nations by descent from recognized citizens by blood thereof, by birth in the nations, and by uninterrupted and continuous residence therein and allegiance thereto.  

VI  

That the Commission to the Five Civilized Tribes did, contrary to the treaties and laws of the United States and the instructions of the Department, enroll each and every one of the petitioners numbering 1,500 or thereabouts, as freemen in the years 1898 an 1899.  

VII  

That as freedmen they are entitled, under the law, to participate in the tribal properties only to the extent of 40 acres of the average allottable lands of said nations.  

VIII  

That the correct enrollment of petitioners herein by the Commission to the Five Civilized Tribes, as Indians by blood and descent, would have entitled them to allotments of 320 acres of the average allottable lands of said nations and equal rights in the per capita distribution of any other tribal property.  

IX  

That Section IV of the act of Congress approved April 26, 1906 precludes a correction of their erroneous and illegal enrollment and they are to-day without a remedy.

[ Home ] [ Up ] [ Original Grant ] [ Original Patent to Choctaw Nation ] [ Choctaw Constitution 1860 ] [ Rights Conferred by Treaty of 1830 ] [ Triangular Treaty of 1837 ] [ Abolition of Slavery~Treaty 1866 ] [ Adoption of Rules & Regulations~Choctaw ] [ Rights to Enrollment as Citizens by Blood ] [ Act of June 7, 1897, Defining"Rolls of Citizenship" ] [ No Tribal Rolls Confirmed ]

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Last modified: June 13, 2009