Joe & Dillard Perry Case
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The Assistant Attorney General and Secretary of the Department of Interior and Hitchcock clearly understood" and approved the question of and legal term "descendant" when he rendered a decision that should have been implemented to have the complainants of Equity Case 7071; transferred to the "Citizens by Blood" Rolls of their respective nations. 

It is not known whether the descendants of Joe and Dillard Perry are presently citizens of the Chickasaw nation, because the Dawes Final Rolls still has them listed as Chickasaw Freedmen. 

It is also unclear if the Chickasaw Nation has taken the responsibility for overturning the obvious miscarriage of justice that had the complainants of Equity Case 7071 and their descendants admitted as "Freedmen" in the nation, but the following document would shed some much needed light on the subject and be beneficial for those who are descended from this class of "Chickasaws and Choctaws" deemed "Citizens by blood." 

 

DEPARTMENT OF THE INTERIOR,

Washington, February 5, 1905  

Commission TO THE FIVE CIVILIZED TRIBES, Muskogee , Ind. T.  

GENTLEMEN: November 14, 1904, you transmitted report of proceedings had and additional evidence taken in the matter of the applications of Joe and Dillard Perry for their enrollment as citizens by blood of the Chickasaw Nation instead of Chickasaw freedmen.

November 26, 1904 (Land, 80819), the Acting Commissioner of Indian Affairs reporting in the matter recommended that Joe and Dillard Perry be declared to be citizens by blood of the Chickasaw Nation, and that the Department direct the transfer of their names from the roll of Chickasaw freedmen to the roll of Chickasaws by blood. A copy of said letter is inclosed (sic).  

January 26, 1905, the Department referred your report to the Assistant Attorney- General for this Department for his opinion as to whether Joe and Dillard Perry were entitled to enrollment as citizens by blood of the Chickasaw Nation, and in an opinion therein rendered February 21, 1905, approved by the Secretary of the Interior the same day a copy of which opinion is herewith inclosed (sic) the Assistant Attorney General held that Joe and Dillard Perry are entitled to enrollment as citizens by blood of the Chickasaw Nation.

 In accordance with said opinion the Department holds that said applicants are entitled to enrollment as citizens by blood of the Chickasaw Nation, and you are directed to transfer the names of Joe Perry and Dillard Perry from the Chickasaw freedmen roll to the roll of Chickasaws by blood, and cancel their enrollment as Chickasaw freedmen.

 Respectfully,                                                                                                                                     Thos. Ryan,

                                                                         Acting Secretary.

Document submitted and transcribed by Terry Ligon

Senate Report 5013 (59-2) Vol. 2 p.1566

 

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