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DEPARTMENT OF THE INTERIOR, COMMISSION TO THE FIVE CIVILIZED TRIBES. MUSKOGEE, I.T. AUGUST 29, 1904 In the matter of the application for the enrollment of Jacob, Mary, William and Henry Anderson, and John, Harriet Beecher, George and Coody McIntosh as Creek Freedmen. E. Hastain, Attorney for applicants. M.J. Mott, attorney for Creek Nation Jacob Anderson, being duly sworn, testified as follows: Examination by the Commission: Q What is your name? A Jacob Anderson Q How old are you? A Forty Five Q What is your post office address? A Maud, Texas Q Do you make application for enrollment as a Creek Freedman? A Yes Sir Q Have you some children that you want to apply for? A yes sir, some of my brother's children Q Is your brother dead? A Yes sir; I want to get my children in. Q What is the name of your oldest child that's under age? A My oldest child is named Mary Q Is she married? A No sir Q Does she live with you? A Yes sir Q How old is she? A Thirteen Q What is the name of the next? A William Q How old? A Nine years old Q Got any more children? A Yes sir, one Q What is the name? A Henry Q How old is he? A six years old Q Any more? A No sir Q Are these children alive and living with you? A Yes sir Q What is the name of their mother? A Tilda Anderson Q Do you claim she has any rights in the Creek nation? A No sir Q She is a state woman, is she? A Yes sir Q If the children have any rights it comes through you, does it? A Yes sir Q Do you want to apply for your dead brother's children? A Yes sir What is the name of the oldest of these children? A John McIntosh Q How old is he? A I can't tell exactly Q About how old? A About fifteen years old Q What is the name of the next one? A Harriet Beecher McIntosh Q How old is she? A About 12 or 13 Q Next? A George McIntosh Q How old is he? A About 8 or 9 Q Next? Coody McIntosh; about 6 Q Is that all? A Yes sir Q What is the name of the father of these children? A Sims McIntosh Q Is he a brother of yours? A Yes sir, a half brother Q What is the name of their mother? A Sallie McIntosh Q Where do you live? A In Texas Q How long have you lived in Texas; all your life? A No sir; been in Texas about 17 years Q Where did you live before that? A Here Q In the Creek Nation? A Yes sir Q Where were you born? A In Texas Q How long did you live in Texas after your birth? A I didn't stay there very long; I was small when they carried me away. Q Where did they carry you to from Texas? A To this nation here in the Creek Nation Q Ho long did you live here then? A I can't tell; till I was grown Q Did you ever draw any money from the Creek Nation? A No sir Q Is Sims McIntosh dead? A Yes sir Q Where did he live when he died? A Texas Q How old was he when he died? A I can't tell you Q Older than you or younger? A Older Q How much? A I don't know Q 2 years or 10 years or 15 years? A I guess about 3 or 4 years Q Do you know where he was born? A He was born in this country; that's what my mother said Q Were you taken out of the Creek Nation, you and your brother, during the war or before the war? A We went after the war Q How long after? A I don't know sir, just exactly; I was a kid and can't say Q How old were you when you were taken out of the Creek Nation? A I don't know Q Can't you form some idea? A I may have been about 7 or 8 years old Q Was your brother taken out at the same time from here to Texas? A I understand you to say taken to the Creek Nation; I wasn't born when my mother was taken here Q You were born in Texas, were you? A Yes sir Q Was your brother born in Texas too? A No sir, he was born here and carried there Q Do you remember anything about the war? A No sir, don't remember anything about it at all Q Do you know how long it was after the war you was brought back here from Texas? A No sir, I don't know Q Was your brother brought back here the same time you was? A Yes sir, I suppose so; no, my brother come before I did, out to this country from Texas Q Do you claim to have been adopted by the Creek Council? A Yes sir Q When? A I don't know. My Uncle could tell you Q Who is your Uncle? A Yonder he sits Q What is his name? A William McIntosh Q Did you have any other brothers and sisters? A No sir; I have some dead - they aint on there Q I want to know if you have any? A I have a brother Dave Hawkins Q Got any sisters? A I had some but they are dead Q What are their names? A Minerva and Liza; I never seen them but that is what my mother said Q Were you ever called by any other name except Jacob Anderson? A That's all I know Q What is the name of your father? A Jinks Anderson Q What is the name of your mother? A Sylvia Anderson Q What is the name of the father of Sims McIntosh? A John McIntosh Q What is the name of his mother? A Sylvia Anderson Q Was she ever known by any other name? A No sir Q Always called Sylvia Anderson? A Yes sir Q Did you ever draw any money from the Creek Nation? A No sir Q Did you ever draw any for any of these children? A No sir Q Haven't drawn any for any of his children? A No sir Q You want to make application for your mother, also, do you? A Yes sir Q What is her name? A Sylvia Anderson Q She is living, is she? A Yes sir Q Where does she live? A With me Q In Texas? A Yes sir Q How long has she been living in Texas? A Went there with me about 17 years as near as I can come at it Q Did you ever make application to be enrolled as a citizen of the Creek Nation before this? A No sir Q Never did? A No sir Q Do you know whether your mother did or not? A No sir, I don't know Q How old is your mother? A I don't know sir Q As near as you can come at it? Somewhere's about 85. Examination by Mr. Hastain: Q Did your mother marry a man named McIntosh then? A Well, I suppose so; she had children by McIntosh Q She had children named McIntosh? A Yes sir Q Your brother Sims was named McIntosh? A Yes sir Henry G Hains being sworn on his oath states that as stenographer to the commission to the Five Civilized Tribes he reported the above case and that this is a full, true and correct transcript of his stenographic notes in same. (signature of Henry Hains) Subscribed and sworn to before me this 10th day of October, 1904 (signature of Notary Public) DEPARTMENT OF THE INTERIOR COMMISSION TO THE FIVE CIVILIZED TRIBES MUSKOGEE, I.T. August 31, 1904 In the matter of the application for the enrollment of John, Harriet Beecher, George, Coody and Nellie McIntosh, as Creek Freedmen. APPEARANCES: E. Hastain, attorney for applicants M.L. Mott, attorney for Creek Nation. Sallie McIntosh, being duly sworn, testified as follows: Examination by the Commission" Q What is your name? A Sallie McIntosh Q How old are you? A I can't tell you; about 35 Q What is your post office address? A Maud, Texas Q You have some children you want to apply for? A Yes sir Q As Creek Freedmen? A Yes sir Q You don't claim to have any rights in the Creek Nation yourself? A No sir Q You are a state woman? A Yes sir Q What is the name of the oldest one of these children? A John McIntosh Q How old is he? A Seventeen Q Are you the mother of all? A Yes sir Q What is the name of the next child? A Harriet Beecher McIntosh Q How old is she? A Fifteen Q Next? George Q How old is he? A Thirteen Q Next? A Coody McIntosh Q How old? A Six Q Next? A Nellie McIntosh Q How old? A Five; she's dead; was five years old when she died Q Got any more? A Jacky Q Is there any besides Jacky? A No sir Q How old is he? A He is the oldest child; you can guess it for yourself Q Is Jacky your own child? A No sir Q Is Jacky older than your oldest child? A Yes, I guess so; I am not his mother Q Was he born when you married Jacky's father? A Yes sir Q Were your children born after you were married? A Yes sir Q Who is the mother of Jacky? A woman by the name of Becky Q Is Becky living or Dead? A She's dead Q Do you know whether she claimed any rights in the Creek nation or not? A No sir, she didn't; I know that Q She was a state woman, was she? A Yes sir; she married the same man Q Are all these children living? A All but Nellie Q How long has she been dead? A I can hardly say myself; about 3 years, as near as I can come at it Q How old was she when she died? A Five years old Q The others are all living, are they? A Yes sir Q What is the name of the father of these children? A Sims McIntosh Q Is he living or dead? A He is dead Q How long has he been dead? A About 7 years Q Where did he live when he died? A Right down below four miles of Red River Q In Texas? A Yes sir Q How long had he been living in Texas? A I don't know how long before him and I married Q Was he living there when you married? A Yes sir Q And your children were all born after you married, were they? A Yes sir Q Where do these children now live? A Four miles of Red River, Texas Q Have these children lived in Texas all their lives? A All their lives Q Do you know whether Sim McIntosh ever drew any money from the Creek Nation or not? A No sir, he didn't draw any while we was living; he kept saying he was coming to see but he never did William McIntosh being duly sworn testified as follows: Q What is your name? A William McIntosh Q How old are you? A About 65 Q What is your post office address? A Ridge Q Did you ever know a man by the name of Sim McIntosh? A Yes sir; nephew of mine; lived with me Q Was he born before or after the war? A He was born before the war Q Was he taken to Texas during the war? He was taken to Texas when he was a baby; my sister's child Q Did he ever come back to the Creek Nation to live? A Yes sir Q When? A year after peace; in the fall of '66 Q How long did he live here then? A Lived here then till about 8 or 9 or 10 years; he lived here long enough to get on the Creek Rolls Q What town did he belong to? A Arkansas Q Did he ever go by any other name except Sim McIntosh? A That's all; he didn't go by Hawkins; he went by McIntosh all together; his mother went by Hawkins and his father was McIntosh; he went by his father's name Q What was his mother's name? A Sylvia Hawkins Q Did she have any other children? A Yes sir Q What were their names? A Dave and Jacob; Jacob is down on the roll there as Jack I think; they called him both Q Did she have any girls? A Had one but she died Q What was her name? A Minerva; I don't think she is on any roll Q Do you know whether his name appears on the Dunn Roll or not - Sim McIntosh? A No sir; it's not on the Dunn Roll cause he was adopted since the Dunn Roll was made Q Do you know what name he was adopted by? A It may be Sim Hawkins and it may be Sim McIntosh; those is the only two names he could be adopted by Q Was he adopted by the Creek Council or by the commission? A By the Council Q Were you a member of the council at the time? A Yes sir Q When was that? A About 1866, and we applied for citizenship in the year 1867 or somewhere along near there, but it is the same time the Graysons and Drews were. Q Do you know whether any money was ever drawn for him from the Creek Nation or not? A I think the $13.37 a head; that I drew myself. There was $17.00 paid off; it was paid to the Creeks and it was held back from the colored people. This case is continued for further testimony. Henry G. Haines being sworn on his oath states that as stenographer to the Commission of the Five Civilized Tribes he reported the above case and that this is a full, true and correct transcript of his stenographic notes in same. (signature) Subscribed and sworn to before me this 9th day of November, 1904 (signature) Charles H. Sawyer Notary Public DEPARTMENT OF THE INTERIOR, COMMISSION TO THE FIVE CIVILIZED TRIBES MUSKOGEE, INDIAN TERRITORY, MARCH 2, 1905 In the matter of the application for the enrolment of Jacob Anderson, et al., as citizens of the Creek Nation. (Additional Testimony) APPEARANCE: E. Hastain, Attorney for applicants. WILLIAM McIntosh, being duly sworn, testified as follows: Q What is your name? A William McIntosh Q How old are you? A 67 Q What is your post office address/ A Ridge Q Are you a citizen of the Creek Nation? A Yes sir Q Do you know Jacob Anderson? A Yes Q Do you know his children? A No, I do not know his children Q Do you know their names? A No sir Q Do you know Jacob Anderson's mother? A Yes, sir Q What is her name? A Silvia Hawkins Q Was she here this morning? A Yes Q That old lady downstairs? A Yes, sir Q Has she removed in good faith to the Creek Nation? A Yes Q Where does she live? A At Ridge - with me Q Did she tell you that she came here to live and make this her home? A Yes, she said so Q Has Jacob Anderson's children moved to the Nation yet? A No Q They are on the road but have not gotten here yet; is that it? A No, they are in Texas Q Are you related to Silvia Hawkins? A She is my sister Q Has she another boy with some children? A Yes, sir Q What is his name? A Sim McIntosh Q Is Sim McIntosh living? A Could not tell Q Do you remember any of his children? A Could not tell any of their names Q Would you know if I should tell you any of their names? A Yes Q John McIntosh, Harriet Beecher McIntosh, George McIntosh, Coody McIntosh and Nellie McIntosh - is that all the children you know - these that I have just mentioned? A All but Jacky Q Is Jacky the same as John? A I do not know exactly. EXAMINATION BY E . HASTAIN: Q State what relation you are to Silvia Anderson or Hawkins? A My sister Q Do you know whether or not that name is on the Dunn Roll? A Yes. Because I had it put on myself under the name of Hawkins. Roll of Creek Freedmen made by J.W. Dunn, prior to march 14, 1867, examined and the names of Silvia Anderson, Silvia McIntosh or Silvia Hawkins not found thereon. Q Do you know whether or not the names of her children, Jacob and Sim appear on the Dunn Roll? A No they are not on there Q You may state whether or not they are citizens of the Creek Nation and, if so, how they became? A They became citizens by act of the Council; they were adopted when they were little. Q Do you know whether or not they drew money from the Creek Nation? A Yes, sir Q Do you know what town their names were enrolled in? A Arkansas Q Do you know, of your own personal knowledge, that they drew the 1890 or 1895 payment? A Yes. EXAMINATION BY COMMISSION Q What was the name given by the Creek Council when Silvia was adopted? A Silvia Hawkins Q Who were the children that were adopted at the same time? A Sim, but I do not know whether he went by his father's name or his mother's name; it might have been Sim McIntosh-and Jacob-I do not know whether Jacob is down as Jacob Anderson or Jacob Hawkins; if he went by his father's name it was Anderson; if it was his old master's name, it was Hawkins. Q The following names appear in the 1893 law book of the Creek Nation as having been approved October 30, 1883: Mike Hawkins, Sims Hawkins, Hagar Hawkins, Minnie Hawkins, Silvia Hawkins and Jack Hawkins. You may state whether or not they are the same family that were adopted at that time? A Yes sir Q Who is Jack Hawkins? A Jack is the same as Jacob. Q Are Minnie and Hagar dead? A Yes sir. SALLIE McIntosh, BEING DULY SWORN, TESTIFIED AS FOLLOWS: EXAMINATION BY THE COMMISSION: Q What is your name? A Sallie McIntosh Q How old are you? A Thirty-Five Q What is you post office address? A Ridge, I.T. Q Are you a citizen of the Creek nation? A Yes, I suppose I would be Q Are you recognized as a citizen of the Creek Nation? A I do not know Q You are a state woman? A Yes Q Do you live in the Creek Nation now? A Yes, sir Q Do you intend to make this your home? A Yes, sir Q Did you remove here in good faith? A Yes, sir Q Did you bring your children? A Yes Q What are their names? A John, Harriet Beecher, Nellie, Jacky, George and Coody McIntosh Q Is Jacky living? A Yes he is the oldest Q Is John next oldest? A Yes Q Are these children living? A Yes, all but Nellie - she is dead Q Are they living with you? A Yes Q How long have they been here? A Three months Q So you know whether Silvia Hawkins has removed to the Creek Nation in good faith with the intention to make it her home? A Yes, she has Q Is she the old lady down stairs who cannot talk very well? A yes, sir Zera Ellen Parrish, being duly sworn on her oath, states that as stenographer for the Commission to the Five Civilized Tribes, she reported the above case and that this is a full, true and correct transcript of her stenographic notes in same. (signature) Zera Ellen Parrish Subscribed and sworn to before me this 11th day of march, 1905 (signature) Notary Public DEPARTMENT OF THE INTERIOR COMMISSION TO THE FIVE CIVILIZED TRIBES Muskogee, Indian Territory, March 2, 1905 In the matter of the application for the enrollment of Jacob Anderson, et al. (ADDITIONAL TESTIMONY) APPEARANCES: E. Hastain, Attorney for Applicants Sylvia Hawkins, being duly sworn, testified as follows: Q What is your name, Auntie? A Sylvia Hawkins Q How old are you? A I don't know sir. I can't tell at all about my age (Witness appears to be very old - over 85 - and is very feeble) Q What is your post office address? A Ridge, I.T. Q Where do you live now, Auntie? A I live with my brother. Q In the Indian Territory? A Yes, sir (Attorney states that is the correct post office.) Q How long have you lived in the Indian Territory? A it has been so long, I can't tell you. I was raised here. Q Haven't you been in Texas sometime? A Yes, sir Q How long have you been back from Texas? A From Texas, went from this Nation and stayed in Texas two or three years and back again Q Have you a son named Jacob Anderson? A Yes, sir Q Have you another boy named Simms? A Simms is dead Q Did he have some children? A Yes, this woman's children, (woman sitting beside her). BY MR. HASTAIN: Q Have you removed to the Creek Nation, in the Indian Territory, in good faith - with the intention of making this your home? A Yes, I have been living with my son - brother, William McIntosh Q He lives at Ridge? A Yes, sir. The witness is very old and feeble and difficult to elicit information from. This examination was held in the hall-way of the ground-floor of the office building because of her feebleness. It is believed by the Commission, from the meager answers given, that she has remove to the Indian Territory and is living with William McIntosh, at Ridge. INDIAN TERRITORY, Western District. I, J.Y. Miller, a stenographer of the Commission to the Five Civilized Tribes, do hereby certify upon oath that the above and foregoing is a true and complete translation of my notes as same appear in my stenographic report of this case. (signature) J.Y. Miller Sworn to and subscribed before me this 13th day of march, 1905 (signature) Notary Public DEPARTMENT OF THE INTERIOR, COMMISSION TO THE FIVE CIVILIZED TRIBES In the matter of the application for the enrollment of Jacob Anderson, et al., as Creek Freedmen. SUPPLEMENTAL STATEMENT. Roll of Creek Freedmen made by J.W. Dunn prior to march 14, 1867, examined and Jacob Anderson and Sims McIntosh, or either of them, not identified on said Roll. Tribal Rolls of the Creek nation in the possession of the Commission examined and the applicants herein, or any of them not identified on any of said rolls. (signature) Commissioner March 15,1905 DEPARTMENT OF THE INTERIOR, COMMISSION TO THE FIVE CIVILIZED TRIBES. Muskogee, Indian Territory, march 22, 1905 In the matter of the application for the enrollment of Jacob Anderson, et al., as Creek Freedmen. William McIntosh, being duly sworn, testified as follows: EXAMINATION BY THE COMMISSION: Q What is your name? A William McIntosh Q How old are you? A 68 Q What is your post office address? A Ridge Q Have you testified in this case before? A Yes, sir Q Do you know Mike McIntosh? A Yes, at Okmulgee Q Is he related to Silvia McIntosh? A Yes, Brother-in-law Q Was he admitted at the same time by the Council in 1883? A Yes Zera Ellen Parrish, being duly sworn on her oath states that as a stenographer to the Commission to the Five Civilized Tribes, she reported the above case and that this is a full, true and correct transcript of her stenographic notes in same. (signature) Zera Ellen Parrish Subscribed and sworn to before me this 23rd Day of march, 1905 (signature) Notary Public DEPARTMENT OF THE INTERIOR, COMMISSION TO THE FIVE CIVILIZED TRIBES In the matter of the application for the enrollment of Jacob Anderson, et al., as Creek Freedmen. SUPPLEMENTAL STATEMENT Roll of Creek Freedmen made by J.W. Dunn prior to March 4, 1867, examined and none of the applicants herein are identified on said roll. 1890 Authenticated Tribal Roll of the Creek nation, Arkansas Town examined and on page 38 appears the following family: 1. Sylvie Hawkins 2. Surno Hawkins 3. Jacob Hawkins Written in pencil above the name"Surno" is the name "Sims". There is also a note that this family is in Texas. There is nothing to indicate when these notes were made. 1895 Pay-Roll of the Creek Nation, Arkansas Town, examined and as No's 1763 to 1765, inclusive, appear the names, Selvey Hawkins, Sims Hawkins and Jacob Hawkins. (signature) Commissioner Muskogee, Indian Territory March 25, 1905 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That I, Jacob Anderson, Indian Territory, do hereby designate and appoint James M. Givens and James W. Levelly, or either of them, as my true and lawful attorneys in fact, for me and in my name and stead to represent me in a contest proceedings instituted before the Commissioner to the Five Civilized Tribes wherein Robert J. Glenn, father and guardian of Elma Glenn, is contestant, which contest bears number 870 and embraces the N/2 of NE/4 of SW/4 of Section 10, Township 17, North Range 12, East containing 20 acres, more or less, situate in the Muskogee (Creek) Nation, Indian Territory. I further authorize my said attorneys, or either of them, to appear for me in said contest; to file any and all pleadings that they may deem necessary to protect my rights in the premises and to appear at the hearing of said contest and any continuances that may be had; to appeal said contest to the proper tribunal should an appeal be necessary and to represent me in any way and all appeals and proceedings incident thereto with full power to do everything whatsoever requisite and necessary to be done in the premises as fully as I could do if present, and I hereby ratify and confirm all that my said attorneys or either of them shall lawfully do, or cause to be done, by virtue hereof. In witness whereof, I have hereunto set my hand and affixed my seal on this 24th day of May, 1906. His Mark (Signed Jacob X Anderson) Witness to Mark A.H. Jones, P.O. Muskogee, I.T. Harry Hawkins, P.O. Oktaha, I.T. United States of America) Indian Territory ) Western Judicial District ) Be it remembered that on this 24th day of May, 1906, personally appeared before me, a notary public within and for the Western District of the Indian Territory, duly commissioned and acting as such, Jacob Anderson, to me personally well known, and acknowledged to me that he had executed the foregoing power of attorney for the uses, purposes and consideration therein mentioned and set forth as his free and voluntary act and deed. In testimony Whereof I have hereunto set my hand and affixed my official seal on this day on the year last above written (signed) Aurelius K. Jones Notary Public (seal) My commission expires June 16, 1907 (On the back of this document) Jacob Anderson to: James W. Levelly and ) James L. Givens) Power of Attorney Muskogee, Indian Territory, November 23, 1904 Sallie McIntosh, Maud, Texas Dear Madam: August 31, 1904, you made application for the enrollment of John, Harriet Beecher, George, Coody, Nellie and Jacky McIntosh, as Creek Freedmen. At the conclusion of the evidence then offered, the case was continued. You are hereby notified that you will be allowed thirty days from date within which to submit additional evidence, and, in the event that no further evidence is offered within the time mentioned, the case will be adjudicated upon the record now before the Commission. Respectfully, Chairman Registered Muskogee, Indian Territory, December 12, 1904 E. Hastain, Attorney for Jacob Anderson, et al., Muskogee, Indian Territory Dear Sir: In the matter of the application for the enrollment of Jacob Anderson, et al., as Creek Freedmen, you are hereby notified that the applicants will be allowed thirty days from the date within which to submit additional evidence in the case. Respectfully, Chairman DEPARTMENT OF THE INTERIOR COMMISSION TO THE FIVE CIVILIZED TRIBES MUSKOGEE, INDIAN TERRITORY, March 16, 1905 Jacob Anderson, Ridge, Indian Territory Dear Sir: In the matter of the application for the enrollment of yourself and others as Creek Freedmen, you are notified that the Commission requires further evidence relative to the age of Jacky McIntosh; also in regard to the date of death of Nellie McIntosh. You are further notified that the Commission desires the testimony of Mike McIntosh, whose post office is given as Okmulgee, Indian Territory, in reference to the admission of yourself and Sylvia McIntosh by the Creek Council in 1885. You are hereby advised that you will be allowed thirty days from the date hereof within which to submit the above mentioned evidence for yourself and others, at the office of the Commission in Muskogee, Indian Territory. Respectfully, Chairman, Register DEPARTMENT OF THE INTERIOR COMMISSION TO THE FIVE CIVILIZED TRIBES In the matter of the application for the enrollment of Jacob, Mary, William and Henry Anderson, Sylvia, Jacky, John, Harriet Beecher, George, Coody and Nellie McIntosh as Creek Freedmen. DECISION The record on this case shows that on August 29, 1904, Jacob Anderson appeared before the Commission at Muskogee, Indian Territory and made application for enrollment for himself, for his three minor children, Mary Anderson, William Anderson and Henry Anderson, for his Mother, Sylvia McIntosh and for the four minor children of his brother, Sims McIntosh, deceased, John McIntosh, Harriet Beecher McIntosh, George McIntosh and Coody McIntosh, as Creek Freedmen, and that on August 31, 1904, Sallie McIntosh appeared before the Commission and made application for the enrollment for her minor step-son, Jacky McIntosh and for her minor children, John McIntosh, Harriet Beecher McIntosh, George McIntosh, Coody McIntosh and Nellie McIntosh, deceased, as Creek Freedmen, which said application is consolidated with the application of Jacob Anderson. Further proceedings were had March 2, 1905. The evidence shows that the John, Harriet Beecher, George and Coody McIntosh, for whom application for enrollment was made by Sallie McIntosh, August 31, 1904, are the same persons as the ones bearing like names for whose enrollment application was made by Jacob Anderson on August 29, 1904. The evidence further shows that said Mary Anderson, William Anderson and Henry Anderson are the minor children of said Jacob Anderson; that said Jacky McIntosh, John McIntosh, Harriet Beecher McIntosh, George McIntosh, Coody McIntosh and Nellie McIntosh, deceased, are the minor children of Sims McIntosh, deceased; that said Sims McIntosh, deceased, and said applicants, Sylvia McIntosh and Jacob Anderson were adopted by the Creek National Council October 25, 1885 and that they are identified on the 1890 Authenticated Tribal Roll and the 1895 Pay-Roll of the Creek Nation. It further appears from the evidence that all the applicants herein, except said Nellie McIntosh, deceased, were born prior to April 1, 1899, were living at the date of the application herein, and that they have in good faith removed to the Creek Nation from the state of Texas, where they formerly resided; that said Nellie McIntosh, deceased, was a resident of the state of Texas all her life, and that she is now dead. It is, therefore, the opinion of the Commission that said Jacob Anderson, Mary Anderson, William Anderson, Henry Anderson, Silvia McIntosh, Jacky McIntosh, John McIntosh, Harriet Beecher McIntosh, George McIntosh and Coody McIntosh should be enrolled as Creek Freedmen, in accordance with the provisions of the Acts of Congress, June 28, 1898, (30 Stats., 495), and on March 1, 1901 (31 Stats., 861) and it is so ordered. It is further the opinion of the Commission that there is no authority of the law for the enrollment of said Nellie McIntosh, deceased, as a Creek Freedman, and that the application for her enrollment as such should be denied and is so ordered. (signed) Chairman Commissioner Cr. En. 745 MUSKOGEE, INDIAN TERRITORY, June 26, 1905 Sally McIntosh, Ridge, Indian Territory Dear Madam: There is herewith enclosed on copy of the decision of the Commission to the Five Civilized Tribes in the matter of the application for the enrollment of Jacob Anderson, et al., as Creek Freedmen, enrolling Jacob, Mary, William, and Henry Anderson, Silvia McIntosh, Jack, John, and Harriet Beecher, George and Coody McIntosh and denying Nellie McIntosh, deceased. The decision, with a copy of the proceedings had in the case, is this day transmitted to the Secretary of the Interior for his review and decision. The final decision of the Secretary will be made known to you as soon as the Commission is informed of the same. Respectfully, Chairman Register LM-6-26-251 (following this letter, were several of the exact same content, addressed to each of the applicants) I.T.D. 1c-328-1905 S.V.P. W.C.P. J.R.W. DEPARTMENT OF THE INTERIOR OFFICE OF THE ASSISTANT ATTORNEY GENERAL. WASHINGTON, October 5, 1905 The Secretary of the Interior, Sir: I received by reference of September 16, 1905, with request for opinion thereon, the record in the application of Jacob Anderson for enrollment of himself, his three minor children, Mary, William and Henry, his mother, Sylvia McIntosh, and his four wards, John, Harriet Beecher, George and Coody McIntosh, children of his deceased half-brother, Sims McIntosh and application by Sallie McIntosh, for her deceased minor child, Nellie McIntosh and her minor step-son, Jacky McIntosh. June 14, 1905, the Commission to the Five Civilized Tribes found that: Sims McIntosh, deceased, and said applicants Silvia McIntosh and Jacob Anderson were adopted by the Creek National Council October 23, 1885, and that they are identified on the 1890 authenticated tribal roll and the 1895 pay-roll of the Creek Nation….All the applicants herein, except said Nellie McIntosh, deceased, were born prior to April 1, 1899 and were living at the date of the application herein, and have in good faith removed to the Creek Nation from the State of Texas, where they formerly resided; that said Nellie McIntosh was a resident of Texas all her life and is now dead. The Commission was of opinion that under the acts of June 28, 1898 (30 Stat 495-505) and March 1, 1901 (31 Stat. 861, 869-70), all the applicants were entitled to be enrolled, except Nellie McIntosh, and it was so ordered. August 22, 1905, the Indian Office recommended approval of that action. The evidence shows that Sylvia McIntosh was at different periods of her life known as Silvy Hawkins from her former owner, and as Anderson from her later husband. She was very old and feeble and appeared before the Commission and testified March 2, 1905, and the same day her brother, William McIntosh testified to her identity. The Commission identified her and her sons Jacob (Anderson and Sims (McIntosh) on the 1890 authenticated Creek Tribal Rolls under the names of Silvy, Surno or Sims and Jacob Hawkins. By the name of Hawkins, they, with others were adopted by the Creek Council, October 23, 1885, appearing in the Laws of the Creek Nation published 1893. Jacky is identified as the oldest son of Sims, deceased, nineteen years old march 1895. All the minor applicants were born to Jacob and Sims after their adoption in 1885 and the Commission find and certify that all have settled in the nation. No opposition is made by the nation. Upon these facts I am of opinion that the action of the Commission and recommendation of the Indian Office should be approved. Very Respectfully, Frank L. Campbell Assistant Attorney General Approved October 5, 1905 E.A. Hitchcock, Secretary COPY DC49213-1905 G.R. DEPARTMENT OF THE INTERIOR, LLB WASHINGTON I.T.D. 10828, 13210-1905 OCTOBER 24, 1905 LRS COMMISSIONER TO THE FIVE CIVILIZED TRIBES Muskogee, Indian Territory Sir: June 26, 1905, the Commission to the Five Civilized Tribes transmitted the record of the consolidated applications for the enrollment of Jacob Anderson and his three minor children, Mary, William and Henry Anderson, for enrollment of the following named children of Sims McIntosh, (deceased), to wit: Jacky, John, Harriet Beecher, George, Coody and Nellie, (deceased), McIntosh and for the enrollment of Sylvia Hawkins as Creek Freedmen, including the decision of the Commission dated June 14, 1905, of the Commissioner of Indian Affairs reporting thereon, recommended that the decision of the Commission adverse to Nellie McIntosh, (deceased), and favorable to all the other named applicants be affirmed. A copy of said letter is enclosed. In accordance with an approved opinion of the Assistant Attorney- General for this Department dated October 5, 1905, to whom the record was referred by the Department on September 16, 1905, with request for his opinion thereon, a copy of which opinion will be forwarded to you through the Indian Office, the Department hereby affirms the decision of the Commission to the Five Civilized Tribes dated June 14, 1905, favorable to all the forenamed applicants except Nellie McIntosh, (deceased). Respectfully, E.A. Hitchcock, Secretary DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, WASHINGTON August 22, 1905 Refer in reply to the following: Land 49886 The Honorable, The Secretary of the Interior Sir: I have the honor to enclose a report from the Commission to the Five Civilized Tribes, Dated June 26, 1905, transmitting the record of the application for enrollment as Creek Freedmen by Jacob Anderson for himself, for his three minor children, Mary, William and Henry Anderson; for his mother Sylvia McIntosh, and for the four minor children of his brother, Sims McIntosh, deceased, John Harriet Beecher, George and Coody McIntosh and by Sallie McIntosh for her minor child, Nellie McIntosh, deceased, and her minor step-son, Jacky McIntosh. June 14, 1905, the Commission decided adversely to Nellie McIntosh, deceased, and favorably to all the other applicants. The record shows that Mary, William and Henry Anderson are the minor children of Jacob Anderson; that Jacky, John and Harriet Beecher, George, Coody and Nellie McIntosh, deceased, are the minor children of Sims McIntosh, deceased, and that Sylvia McIntosh and Jacob Anderson were adopted by the Creek National Council October 23, 1885 and that they are identified on the 1890 authenticated Tribal Roll and the 1895 pay-roll of the Cherokee Nation. It further appears that all the applicants, except Nellie McIntosh, deceased, were born prior to April 1, 1899, were living at the date of the application, and that they have in good faith removed to the Creek Nation from the State of Texas, where they formerly resided, that Nellie McIntosh, deceased, was a resident of the State of Texas all her life and that she is dead. In view of the record the approval of the Commission's decision adverse to Nellie McIntosh, deceased, and favorable to all the others is recommended. Very Respectfully, F.E. Leupp Commissioner MUSKOGEE, INDIAN TERRITORY NOVEMBER 2, 1905 Sylvia McIntosh, Care William McIntosh, Ridge, Indian Territory Dear Madam: You are hereby advised that under date of October 24, 1905, the Secretary of the Interior affirmed the decision of the Commission to the Five Civilized Tribes, dated June 14, 1905, enrolling you as a Creek Freedman. You are further advised that when a schedule containing your name has been approved by the Secretary of the Interior, you will be duly notified. Respectfully, · Commissioner MUSKOGEE, INDIAN TERRITORY November 2, 1905 E. Hastain, Attorney at Law, Muskogee, Indian Territory Dear Sir: You are hereby advised that under date of October 24, 1905, the Secretary of the Interior affirmed the decision of the Commission to the Five Civilized Tribes, enrolling Jacob Anderson and his minor children, Mary, William and Henry Anderson and the minor children of Sims McIntosh, deceased, to-wit: Jacky, John, Harriet Beecher, George and Coody McIntosh and denying the application for the enrollment of Nellie McIntosh, deceased. Respectfully, Commissioner MUSKOGEE, INDIAN TERRITORY December 5, 1905 E. Hastain, Attorney for Jacob Anderson, et al., Muskogee, Indian Territory Dear Sir: You are hereby advised that the name of Jacob Anderson, the names of his three minor children, Mary, William and Henry Anderson, the name of his Mother, Sylvia McIntosh and of his minor nephew and nieces, Jacky, John, Harriet Beecher, George and Coody McIntosh, are contained in the partial list of Creek Freedmen approved by the Secretary of the Interior, November 27, 1905 and that application for selections of land in the Creek Nation for all of said persons may now be made at the office of the Commissioner to the Five Civilized Tribes, in Muskogee, Indian Territory. Respectfully, Acting Commissioner (THE PRECEEDING TRANSCRIPTS WERE MADE BY CAROLIN FOX-MAYES, COPYING EXACTLY FROM THE PHOTOCOPIES RECEIVED FROM THE OKLAHOMA HISTORICAL SOCIETY. THOSE COPIES WERE QUITE ILLEGIBLE AND WERE FADING QUICKLY AND IN ORDER TO PRESERVE THE INFORMATION THEY CONTAINED, I TRANSCRIBED THEM ONTO DISC. THE ORIGINAL FILE NUMBER FROM THE OKLAHOMA HISTORICAL SOCIETY IS: CR EN 745)