Heathcock Genealogy Database - Person Sheet
Heathcock Genealogy Database - Person Sheet
NameSophronia Lawhorn 
2490
2490BirthJan 1855, LA
Spouses
2William Hudson Fisher 
2489, 1C3R
2489, 1C3RBirth12 Nov 1840, Republic of Texas2490
Death24 Jun 1915, Shelby Co TX2490 Age: 74
BurialCorinth Cemetery, Timpson, Shelby Co TX2491
FatherSampson D. Fisher (1812-)
MotherCatherine Howell
Marriage1888
ChildrenWilliam Terry (1889-1960)
Notes for William Hudson (Spouse 2)
1850 Census of Panola Co TX
Name Age
Samson D Fisher 40 MS
Catharine Fisher 31 MS
Wm Fisher 8 TX
1860 Census of Beat 5, Panola Co TX
Name Age
Saml Defisher 48 KY
Catharine Defisher 39 MS
William Defisher 18 TX
Mary Defisher 16 TX (wife of William Fisher)
1880 Census of Pct 7, Shelby Co TX
Name Age
William H. Fisher 39 TX MS MS
Mary A. Fisher 35 TX TN GA
Ann E. Fisher 14 TX TX TX
Johnson D. Fisher 12 TX TX TX
Roda J. Fisher 6 TX TX TX
David M. Fisher 4 TX TX TX
1900 Census of Pct 7, Shelby Co TX
Name Age
W H Fisher 59 b Nov 1840 TX SC MS married 12 years
Sophronia Fisher 45 b Jan 1855 LA MS LA married 12 years, mother of 3, 2 living
Wm T Fisher 10 b Dec 1899
Mary A. Fisher died in 1888,2487 whereupon William H. Fisher remarried Sophronia Lawhorn, who was about 30 at the time. Sophronia was probably herself a widow, since she reports being the mother of 3 children, of which two were living, yet only 10-year old William T. Fisher is listed in the 1900 census.
1910 Census of Pct 7, Shelby Co TX
Name Age
Bettie Lewis 59 head
Martin I Lewis 21 son
Marcus A Lewis 21 son
Iol G Lewis 18 son
Rena V Lewis 15 son
Elizabeth F Carter 82 mother AL SC SC, widow
William H Fisher 69 step-father TX MS MS, widowed
The relationships indicated in this entry are mysterious.
Name Age
Samson D Fisher 40 MS
Catharine Fisher 31 MS
Wm Fisher 8 TX
1860 Census of Beat 5, Panola Co TX
Name Age
Saml Defisher 48 KY
Catharine Defisher 39 MS
William Defisher 18 TX
Mary Defisher 16 TX (wife of William Fisher)
1880 Census of Pct 7, Shelby Co TX
Name Age
William H. Fisher 39 TX MS MS
Mary A. Fisher 35 TX TN GA
Ann E. Fisher 14 TX TX TX
Johnson D. Fisher 12 TX TX TX
Roda J. Fisher 6 TX TX TX
David M. Fisher 4 TX TX TX
1900 Census of Pct 7, Shelby Co TX
Name Age
W H Fisher 59 b Nov 1840 TX SC MS married 12 years
Sophronia Fisher 45 b Jan 1855 LA MS LA married 12 years, mother of 3, 2 living
Wm T Fisher 10 b Dec 1899
Mary A. Fisher died in 1888,2487 whereupon William H. Fisher remarried Sophronia Lawhorn, who was about 30 at the time. Sophronia was probably herself a widow, since she reports being the mother of 3 children, of which two were living, yet only 10-year old William T. Fisher is listed in the 1900 census.
1910 Census of Pct 7, Shelby Co TX
Name Age
Bettie Lewis 59 head
Martin I Lewis 21 son
Marcus A Lewis 21 son
Iol G Lewis 18 son
Rena V Lewis 15 son
Elizabeth F Carter 82 mother AL SC SC, widow
William H Fisher 69 step-father TX MS MS, widowed
The relationships indicated in this entry are mysterious.
Notes for William Hudson (Spouse 2)
Department of the Interior,
Commission to the Five Civilized Tribes,
Muskogee, Indian Territory, June 27, 1902.
(Transcribed by Rebecca Ann JORDAN on 6 Mar 2012 from images emailed to me from Clayton Heathcock)
In the matter of the application of William H. Fisher for the identification of himself and his minor child, William T. Fisher, as Mississippi Choctaws.
William H. Fisher, having been first duly sworn, upon his oath testified as follows:
Examination by the Commission.
Q What is your name? A William H. Fisher.
Q How old are you? A Sixty two in November; sixty one now.
Q How much Choctaw blood have you? A My father claimed one quarter; that makes me one-eighth.
Q What's you post office address? A Timpson, Texas.
Q What county? A Shelby.
Q How long have you lived in the State of Texas? A All my life.
Q Is your father living? A No, sir.
Q What was his name? A Sampson D. Fisher.
Q Is your mother living? A. No, sir.
Q What was her name? A Catherine Fisher.
Q Through which one of your parents do you derive your Choctaw blood? A My father.
Q Was your father ever recognized or enrolled as a member of the Choctaw tribe of Indians, in Indian Territory? A No, sir, not to my knowing.
Q Did he ever live in the Choctaw Nation? A No, sir.
Q Where was he born? A I think he was born in Mississippi; I don't know.
Q Do you know what county? A He spent the best part of his life in Hinds County, Mississippi.
Q Do you know in what year he was born? A In 1812.
Q How old was he when he married? A He was married in '38.
Q Through which one of his parents did he derive his Choctaw blood? A His father, I think.
Q What was his name? A John Fisher, I think.
Q And you think that John Fisher was on-half Choctaw, do you? A Yes, sir; I recken so.
Q Do you know where he was born? A No, sir.
Q Did he live in Mississippi all his life, to your knowledge? A Well, I don't know.
Q Do you know that he ever did live in Mississippi? A I know by what my father said; I never was in Mississippi; that's all the evidence I have.
Q Were your father and mother lawfully married? A Yes, sir; I have the marriage certificate here in My pocket.
Q What was the maiden name of your mother? A Howell.
A certified copy of the marriage certificate of Sampson Fisher and Catherine Howell is offered in evidence, identified as Exhibit "A", filed and made a part of the record in this case.
Q What was the name of your father's mother?
Q She was a white woman, was she? A Yes, sir.
Q Do you know whether your father's father and Elizabeth were lawfully married? A No, sir, don't know.
Q Do you know how many children were born to them? A That's my grand father, you mean?
Q Yes? A No. Just hearsay; he had three sisters and four brothers, I believe.
Q Your father had? A My father's brothers and sisters, yes.
Q You don't know how long John Fisher and Elizabeth lived together as husband and wife? A No, sir, I couldn't tell.
Q Do you know the names of the parents of John Fisher? A No, sir.
Q Which one of them had the Choctaw blood, do you know, his father or his mother? A No, sir; I don't know that.
Q Are you married Mr. Fisher? A Yes, sir.
Q Your wife living? A Yes, sir.
Q What's her name? A Sophronia.
Q Has she any Choctaw blood? A No, sir.
Q You make no claim on for her? A No, sir.
Q How many children have you living who are under age and unmarried? A Just one.
Q What's that child's name? A William T.
Q How old is he? A Twelve.
Q Is that child living with you at this time? A Yes, sir.
Q Is he the child of yourself and Sophronia Fisher? A Yes, sir.
Q Were you ever married more than once? A Yes, sir.
Q How many times? A Twice; once before this time; first wife died and this is my second.
Q Did you have any children by your first wife? A Yes, sir, had five
Q Were you married to Sophronia under a license? A Yes, sir.
Q When?in A In 1889.
Q Where? A In Shelby County, Texas.
Q Who married you? A Yes, A. W. Brown - no it was over in Panola County, just across the line from the other county.
Q What official position did Mr. Brown hold at that time? A he was a licensed preacher.
Q Have you your license with you at this time? A No, sir.
Q Have you lived with Sophronia ever since your marriage? A Yes, sir.
It will be necessary in connection with the application which you make in behalf of your minor child that you furnish the Commission with proper evidence of the marriage of yourself and Sophronia. This evidence should be furnished within ten days from this date, if possible.
Q What was the name of your first wife? A Mary Ann.
Q Is she living or dead? A Dead.
Q Has your wife, Sophronia, been married more than once? A Yes, sir.
Q Is her first husband living? A No, sir.
Q When did he die? A He died - well, we were married in 18??, and he had been dead six years as well as I now remember.
Q You were married in 1888, you say, or 1889? A 188?.
Q How many children have you living who are of age, or married? A Five.
Q They are all children by your first wife? A Yes, sir.
Q What are the names of those children? A Mary Catherine.
Q Mary Catherine what? A Mary Catherine.
Q I mean the surname? A Phillips.
Q Next one? A Annie E. Weeds.
Q Next one? A John D. Fisher.
Q Next one? A Rhoda Jane Griffin.
Q Next one? A That's all.
Q That's only four? A Four is what I mean; I said five, I was thinking of William; I was thinking about the dead one.
Q One of the five is dead? A Yes, sir.
Q Then, you only have four living children by your first wife? A Yes, sir.
Q How old was that child when he died? A He was seven years old when he died; about seven years old.
Q Have any of your children been before the Commission in their own behalf? A No, sir.
Q Any of them here today? A Yes, sir; two.
Q What are their names? A John D. Fisher and Mary Phillips.
In connection with the applications they may make, it will be necessary that proper evidence of your marriage to your first wife be furnished.
Q Were you married to her under a license? A Yes, sir.
Q Where? A In Shelby County, Texas.
Q When? A In 1860.
Q Who married you? A J. B. Dillen, Justice of the Peace.
Q How long did you live with Mary Ann? A Well, let me see - she died in 88.
Q Did you live with her until the time of her death? A Yes, sir.
Q This application is for yourself and one minor child? A Yes, sir.
Q Is your name, or the name of this child, to be found upon any of the Choctaw tribal rolls in Indian Territory? A No, sir.
Q Has any application of any description ever been made in your behalf for the purpose of establishing your rights as Choctaw Indian? A No, sir.
Q Was any such application made to this Commission in the year 1896, under the act of Congress approved June 10, 1896? A No, sir.
Q Then, neither your nor this child have ever been admitted to citizenship in the Choctaw Nation? A No, sir.
Q This is the first application of any description you have ever made for the purpose of establishing your rights Choctaw Indians? A Yes, sir. This is the first time.
Q You appear before the Commission at this time for the purpose of claiming rights in the Choctaw lands, in Indian Territory, for yourself and one minor child, under the fourteenth article of the treaty of Dancing Rabbit Creek, do you? A Yes, sir.
The treaty of Dancing Rabbit Creek was entered into in the State of Mississippi on the 21st day of September, 1830, between the Government of the United States and the Choctaw tribe of Indians. At the time this treaty was made, the Choctaw lived in Mississippi and along the western edge of the State of Alabama. The object of the treaty was to get these Indians to move from the country occupied by them in Mississippi and Alabama to a new country west of the Mississippi River, a part of which is now occupied by the greater portion of the Choctaw tribe of Indians, and is commonly known as the Choctaw Nation, Indian Territory, or rather the Choctaw-Chickasaw country. At the time the treaty was made, some of these Indians were unwilling to leave the old nation, and for the benefit of those who preferred to remain there what is known as the fourteenth article was pin in the treaty. That fourteenth article provided that upon certain conditions a Choctaw who preferred to stay in Mississippi and not move out to the new nation, might received land there in Mississippi from the Government of the United States. It is as follows:
"Each Choctaw head of a family being desirous to remain and become a citizen of the States shall be permitted to do so by signifying his intention to the agent within six months after the ratification of this treaty, and he or she shall thereupon be entitled to a reservation of one section of six hundred and forty acres of land, to be bounded by sectional lines of survey; in like manner shall be entitled to one-half that quantity for each unmarried child which is living with him over ten years of age, and a quarter section for such child as may be under ten years of age, to adjoin the location of the parent. If they reside upon said land intending to become citizens of the States for five years after the ratification of this treaty, in that case a grant in fee simple shall issue; said reservation shall include the present improvement of the head of the family, or a portion of it. Persons who claim under this article shall not lose the privilege of a Choctaw citizen, but if they ever remove are not to be entitled to any portion of the Choctaw annuity."
Q You understand that fourteenth article do you? A I think I do.
Q Did any of your Choctaw ancestors ever comply or attempt to comply with its provisions, or ever receive any benefits under that article, to your knowledge? A I don't know; no, sir, not to my knowledge.
Q Did any of them, within six months after the treaty of Dancing Rabbit Creek was ratified, let the agent of the Government in Mississippi for the Choctaw know that they wanted to stay in Mississippi and become citizens of the States and take land? A No, sir; I don't know.
Q Did any of them own an improvement in what constituted the old Choctaw Nation, in Mississippi and Alabama, in the year 1840, when this treaty of Dancing Rabbit Creek was made? A Nothing only what I have been told. My father lived within four miles of Jackson, in Hinds County, there is where his mother - his homestead - his mother owned land there, is all I know of. I know only just what he told me.
Q You don't know whether that was owned by his father at the time this treaty was made? A No, sir; I don't know anything about that.
Q You don't know how they got that land? A No, I can't tell you how they got it.
Q Did any of your ancestor ever obtain or received any land from the Government of the United States under the fourteenth article of the treaty of Dancing Rabbit Creek? A No, sir, not that I know of; if they did, I don't know anything about it.
Q Did any of your Choctaw ancestors remove to the present Choctaw Nation, in Indian Territory, at the time of the removal of the greater portion of the Choctaw tribe of Indians between the years 1833 and 1838? A No, sir; not that I know of.
In accordance with the provisions of the fourteenth article of the treaty of Dancing Rabbit Creek, the Government of the United States directed an agent in the State of Mississippi to register the names of such Choctaws as might desire to remain there and become citizens of the States and take land. The records of the Government show that this agent failed to register and report to the Government, the names of many Indians who did, in fact, let him know that they wanted to stay in Mississippi and become citizens of the States and take land, and on this account, the Government at its public land sales in Mississippi, in many instances old land upon which Choctaws lived, and had improvements, and which they supposed they would received under the fourteenth article of the treaty. This caused a great deal of complaint among the Indians, and the matter was finally brought to the attention of Congress, and Congress passed certain acts between the years 1837 and 1842, providing for the appointment of Commissioners to come down here to Mississippi and hear the cases of Commission who claimed that they had complied in all respects with the provisions of article fourteen of the treaty of Dancing Rabbit Creek, but that their land had been sold by the Government. These commissioners were duly appointed by the President of the United States, and they went down to Mississippi and heard a great many of these Choctaw cases.
Q Did any of your ancestors appear before any of these commissioners and attempt to establish their rights under the fourteenth article of the Treaty of Dancing Rabbit Creek? A Don't know anything about it, if they did.
An Act of Congress approved on the 23rd day of August 1842, provide that incase it should be finally decided that a Choctaw had complied in all respects with the provisions of article fourteen of the treaty of Dancing Rabbit Creek, but that his land had been sold by the Government, he should be entitled to select in the place of the land sold by the Government, land some place else in Mississippi, or in Alabama, Louisiana, or Arkansas, from vacant Government land, and should be given a certificate to that effect. These certificates were called scrip.
Q Did any of your Choctaw ancestors ever receive any of this scrip from the Government of the United States under this act of Congress? A I don't know it if they did. Don't know anything about it.
Q So far as you know, then, none of your Choctaw ancestors ever received any benefits whatsoever as Choctaw Indians? A No, sir.
Q To your knowledge, none of them were ever recognized members of the tribe; that is, so far as you know? A So far as I know, no. I don't know anything about that.
Q Do you know of any old persons living who would likely know whether any of your ancestors ever complied or attempted to comply with the provisions of the fourteenth article of the treaty of Dancing Rabbit Creek, or ever received any benefits thereunder? A No, sir, don't know of anybody.
Q Do you know of any written evidence of any description which would prove or tend to prove such a state of facts? A No, sir, do not.
Q Have you any written evidence of any description to offer at this time in support of your application? A No, sir, just this paper here.
Q What paper? A This marriage certificate.
Q That's allready been offered in evidence? A I don't know that this amounts to anything. I will show it to you; it wont take butma minute.
The affidavit of Lemuel Herrin is offered in evidence, identified as Exhibit "B", file and made a part of the records in this case.
Q Is this all the written evidence you have to offer, Mr. Fisher? A That's all. You spoke about my license to my first wife; it is impossible to get that; the county court house has burned up. It will be impossible for me to get that - 1860 - all records are burned up - everything.
Q Well, you haven't your original license and certificate? A No, sir.
You may submit, then, in the cases of your children by your first wife, the affidavit of the present officer who is custodian of the marriage records in Shelby County, Texas, to the effect that the records covering the time in which your marriage took place have been destroyed by fire, and also, the affidavit of two disinterested persons who were present at your marriage.
A There is not any one living who was present; they are all dead; that's a long time.
Q No, one living who was present at your marriage? A No, sir; I don't think there is.
Q Well, it may be well for you to offer then in addition to the affidavit of the Clerk, who is custodian of the marriage records, the affidavits of two reputable citizens who know that you and your wife lived together as husband and wife for a long period of time? A I have live there all the time.
Q You can submit the affidavits, then, of two reputable citizens on that point? A Yes, sir.
Q Are there any further statements you want to make at this time in support of your application? A No, sir.
If you should find any witnesses whose testimony you desire to have taken in your case, they may appear before the Commission here in Muskogee, within ten days from this date and their testimony will be taken. Or, if you should see fit to offer any written evidence w in support of your application, if the same is presented within ten days from this date, it will received consideration.
Q Have you any brothers living? A No, sir.
Q Did you ever have any brothers A Never did have neither brother or sister; I am the only one.
Q who is Lemuel Herrin, whose affidavit you submit? A Who is he?
Q Yes? A He is a black-smith in Timpson, Texas. (Shelby County)
Q He has no interest whatever in the result of your application?
Q Oh! no, I just merely brought that.
Q What are the names of your father's brothers? Oldest first? A Put down Jacob.
Q Jacob Fisher? A Yes.
Q Did he leave any children? A No, sir.
Q Now, the next brother? A David.
Q Fisher? A Yes.
Q Did he leave any children? A He left two boys; I don't know whether they are dead or living; I don't know anything about that.
Q Do you know their names? A No, sir, don't know their names.
Q Now, what's the name of the next one of your father's brothers. A William.
Q Did he leave children? A No, sir.
Q The next one of your father's brothers? A Well, there was one named Hiram.
Q Did he leave any children? A No, sir; he died very young.
Q Did your father have any other brothers? A No, sir; don't think he did.
Q Did he have any sisters? A Yes, sir, three sisters, I believe.
Q What's the name of the oldest one? A Can't tell you; never saw them; never was in Mississippi.
Q None of them? A No, sir.
Q You don't know whether any of their descendants are living or not? A No, sir.
Q Have any of your relatives ever been before this Commission? A Not that I know of. None of my family are here.
Q You don't speak or understand the Choctaw language? A No, sir.
(This applicant has the appearance of being a white man, and shows very little, if any, indication of being possessed of Indian blood, although he has a very dark complexion, dark hair and dark eyes; he does not speak or understand the Choctaw language, and had no knowledge of a compliance on the part of any of his ancestors with the provisions of the fourteenth article of the treaty of Dancing Rabbit Creek.)
Commission to the Five Civilized Tribes,
Muskogee, Indian Territory, June 27, 1902.
(Transcribed by Rebecca Ann JORDAN on 6 Mar 2012 from images emailed to me from Clayton Heathcock)
In the matter of the application of William H. Fisher for the identification of himself and his minor child, William T. Fisher, as Mississippi Choctaws.
William H. Fisher, having been first duly sworn, upon his oath testified as follows:
Examination by the Commission.
Q What is your name? A William H. Fisher.
Q How old are you? A Sixty two in November; sixty one now.
Q How much Choctaw blood have you? A My father claimed one quarter; that makes me one-eighth.
Q What's you post office address? A Timpson, Texas.
Q What county? A Shelby.
Q How long have you lived in the State of Texas? A All my life.
Q Is your father living? A No, sir.
Q What was his name? A Sampson D. Fisher.
Q Is your mother living? A. No, sir.
Q What was her name? A Catherine Fisher.
Q Through which one of your parents do you derive your Choctaw blood? A My father.
Q Was your father ever recognized or enrolled as a member of the Choctaw tribe of Indians, in Indian Territory? A No, sir, not to my knowing.
Q Did he ever live in the Choctaw Nation? A No, sir.
Q Where was he born? A I think he was born in Mississippi; I don't know.
Q Do you know what county? A He spent the best part of his life in Hinds County, Mississippi.
Q Do you know in what year he was born? A In 1812.
Q How old was he when he married? A He was married in '38.
Q Through which one of his parents did he derive his Choctaw blood? A His father, I think.
Q What was his name? A John Fisher, I think.
Q And you think that John Fisher was on-half Choctaw, do you? A Yes, sir; I recken so.
Q Do you know where he was born? A No, sir.
Q Did he live in Mississippi all his life, to your knowledge? A Well, I don't know.
Q Do you know that he ever did live in Mississippi? A I know by what my father said; I never was in Mississippi; that's all the evidence I have.
Q Were your father and mother lawfully married? A Yes, sir; I have the marriage certificate here in My pocket.
Q What was the maiden name of your mother? A Howell.
A certified copy of the marriage certificate of Sampson Fisher and Catherine Howell is offered in evidence, identified as Exhibit "A", filed and made a part of the record in this case.
Q What was the name of your father's mother?
Q She was a white woman, was she? A Yes, sir.
Q Do you know whether your father's father and Elizabeth were lawfully married? A No, sir, don't know.
Q Do you know how many children were born to them? A That's my grand father, you mean?
Q Yes? A No. Just hearsay; he had three sisters and four brothers, I believe.
Q Your father had? A My father's brothers and sisters, yes.
Q You don't know how long John Fisher and Elizabeth lived together as husband and wife? A No, sir, I couldn't tell.
Q Do you know the names of the parents of John Fisher? A No, sir.
Q Which one of them had the Choctaw blood, do you know, his father or his mother? A No, sir; I don't know that.
Q Are you married Mr. Fisher? A Yes, sir.
Q Your wife living? A Yes, sir.
Q What's her name? A Sophronia.
Q Has she any Choctaw blood? A No, sir.
Q You make no claim on for her? A No, sir.
Q How many children have you living who are under age and unmarried? A Just one.
Q What's that child's name? A William T.
Q How old is he? A Twelve.
Q Is that child living with you at this time? A Yes, sir.
Q Is he the child of yourself and Sophronia Fisher? A Yes, sir.
Q Were you ever married more than once? A Yes, sir.
Q How many times? A Twice; once before this time; first wife died and this is my second.
Q Did you have any children by your first wife? A Yes, sir, had five
Q Were you married to Sophronia under a license? A Yes, sir.
Q When?in A In 1889.
Q Where? A In Shelby County, Texas.
Q Who married you? A Yes, A. W. Brown - no it was over in Panola County, just across the line from the other county.
Q What official position did Mr. Brown hold at that time? A he was a licensed preacher.
Q Have you your license with you at this time? A No, sir.
Q Have you lived with Sophronia ever since your marriage? A Yes, sir.
It will be necessary in connection with the application which you make in behalf of your minor child that you furnish the Commission with proper evidence of the marriage of yourself and Sophronia. This evidence should be furnished within ten days from this date, if possible.
Q What was the name of your first wife? A Mary Ann.
Q Is she living or dead? A Dead.
Q Has your wife, Sophronia, been married more than once? A Yes, sir.
Q Is her first husband living? A No, sir.
Q When did he die? A He died - well, we were married in 18??, and he had been dead six years as well as I now remember.
Q You were married in 1888, you say, or 1889? A 188?.
Q How many children have you living who are of age, or married? A Five.
Q They are all children by your first wife? A Yes, sir.
Q What are the names of those children? A Mary Catherine.
Q Mary Catherine what? A Mary Catherine.
Q I mean the surname? A Phillips.
Q Next one? A Annie E. Weeds.
Q Next one? A John D. Fisher.
Q Next one? A Rhoda Jane Griffin.
Q Next one? A That's all.
Q That's only four? A Four is what I mean; I said five, I was thinking of William; I was thinking about the dead one.
Q One of the five is dead? A Yes, sir.
Q Then, you only have four living children by your first wife? A Yes, sir.
Q How old was that child when he died? A He was seven years old when he died; about seven years old.
Q Have any of your children been before the Commission in their own behalf? A No, sir.
Q Any of them here today? A Yes, sir; two.
Q What are their names? A John D. Fisher and Mary Phillips.
In connection with the applications they may make, it will be necessary that proper evidence of your marriage to your first wife be furnished.
Q Were you married to her under a license? A Yes, sir.
Q Where? A In Shelby County, Texas.
Q When? A In 1860.
Q Who married you? A J. B. Dillen, Justice of the Peace.
Q How long did you live with Mary Ann? A Well, let me see - she died in 88.
Q Did you live with her until the time of her death? A Yes, sir.
Q This application is for yourself and one minor child? A Yes, sir.
Q Is your name, or the name of this child, to be found upon any of the Choctaw tribal rolls in Indian Territory? A No, sir.
Q Has any application of any description ever been made in your behalf for the purpose of establishing your rights as Choctaw Indian? A No, sir.
Q Was any such application made to this Commission in the year 1896, under the act of Congress approved June 10, 1896? A No, sir.
Q Then, neither your nor this child have ever been admitted to citizenship in the Choctaw Nation? A No, sir.
Q This is the first application of any description you have ever made for the purpose of establishing your rights Choctaw Indians? A Yes, sir. This is the first time.
Q You appear before the Commission at this time for the purpose of claiming rights in the Choctaw lands, in Indian Territory, for yourself and one minor child, under the fourteenth article of the treaty of Dancing Rabbit Creek, do you? A Yes, sir.
The treaty of Dancing Rabbit Creek was entered into in the State of Mississippi on the 21st day of September, 1830, between the Government of the United States and the Choctaw tribe of Indians. At the time this treaty was made, the Choctaw lived in Mississippi and along the western edge of the State of Alabama. The object of the treaty was to get these Indians to move from the country occupied by them in Mississippi and Alabama to a new country west of the Mississippi River, a part of which is now occupied by the greater portion of the Choctaw tribe of Indians, and is commonly known as the Choctaw Nation, Indian Territory, or rather the Choctaw-Chickasaw country. At the time the treaty was made, some of these Indians were unwilling to leave the old nation, and for the benefit of those who preferred to remain there what is known as the fourteenth article was pin in the treaty. That fourteenth article provided that upon certain conditions a Choctaw who preferred to stay in Mississippi and not move out to the new nation, might received land there in Mississippi from the Government of the United States. It is as follows:
"Each Choctaw head of a family being desirous to remain and become a citizen of the States shall be permitted to do so by signifying his intention to the agent within six months after the ratification of this treaty, and he or she shall thereupon be entitled to a reservation of one section of six hundred and forty acres of land, to be bounded by sectional lines of survey; in like manner shall be entitled to one-half that quantity for each unmarried child which is living with him over ten years of age, and a quarter section for such child as may be under ten years of age, to adjoin the location of the parent. If they reside upon said land intending to become citizens of the States for five years after the ratification of this treaty, in that case a grant in fee simple shall issue; said reservation shall include the present improvement of the head of the family, or a portion of it. Persons who claim under this article shall not lose the privilege of a Choctaw citizen, but if they ever remove are not to be entitled to any portion of the Choctaw annuity."
Q You understand that fourteenth article do you? A I think I do.
Q Did any of your Choctaw ancestors ever comply or attempt to comply with its provisions, or ever receive any benefits under that article, to your knowledge? A I don't know; no, sir, not to my knowledge.
Q Did any of them, within six months after the treaty of Dancing Rabbit Creek was ratified, let the agent of the Government in Mississippi for the Choctaw know that they wanted to stay in Mississippi and become citizens of the States and take land? A No, sir; I don't know.
Q Did any of them own an improvement in what constituted the old Choctaw Nation, in Mississippi and Alabama, in the year 1840, when this treaty of Dancing Rabbit Creek was made? A Nothing only what I have been told. My father lived within four miles of Jackson, in Hinds County, there is where his mother - his homestead - his mother owned land there, is all I know of. I know only just what he told me.
Q You don't know whether that was owned by his father at the time this treaty was made? A No, sir; I don't know anything about that.
Q You don't know how they got that land? A No, I can't tell you how they got it.
Q Did any of your ancestor ever obtain or received any land from the Government of the United States under the fourteenth article of the treaty of Dancing Rabbit Creek? A No, sir, not that I know of; if they did, I don't know anything about it.
Q Did any of your Choctaw ancestors remove to the present Choctaw Nation, in Indian Territory, at the time of the removal of the greater portion of the Choctaw tribe of Indians between the years 1833 and 1838? A No, sir; not that I know of.
In accordance with the provisions of the fourteenth article of the treaty of Dancing Rabbit Creek, the Government of the United States directed an agent in the State of Mississippi to register the names of such Choctaws as might desire to remain there and become citizens of the States and take land. The records of the Government show that this agent failed to register and report to the Government, the names of many Indians who did, in fact, let him know that they wanted to stay in Mississippi and become citizens of the States and take land, and on this account, the Government at its public land sales in Mississippi, in many instances old land upon which Choctaws lived, and had improvements, and which they supposed they would received under the fourteenth article of the treaty. This caused a great deal of complaint among the Indians, and the matter was finally brought to the attention of Congress, and Congress passed certain acts between the years 1837 and 1842, providing for the appointment of Commissioners to come down here to Mississippi and hear the cases of Commission who claimed that they had complied in all respects with the provisions of article fourteen of the treaty of Dancing Rabbit Creek, but that their land had been sold by the Government. These commissioners were duly appointed by the President of the United States, and they went down to Mississippi and heard a great many of these Choctaw cases.
Q Did any of your ancestors appear before any of these commissioners and attempt to establish their rights under the fourteenth article of the Treaty of Dancing Rabbit Creek? A Don't know anything about it, if they did.
An Act of Congress approved on the 23rd day of August 1842, provide that incase it should be finally decided that a Choctaw had complied in all respects with the provisions of article fourteen of the treaty of Dancing Rabbit Creek, but that his land had been sold by the Government, he should be entitled to select in the place of the land sold by the Government, land some place else in Mississippi, or in Alabama, Louisiana, or Arkansas, from vacant Government land, and should be given a certificate to that effect. These certificates were called scrip.
Q Did any of your Choctaw ancestors ever receive any of this scrip from the Government of the United States under this act of Congress? A I don't know it if they did. Don't know anything about it.
Q So far as you know, then, none of your Choctaw ancestors ever received any benefits whatsoever as Choctaw Indians? A No, sir.
Q To your knowledge, none of them were ever recognized members of the tribe; that is, so far as you know? A So far as I know, no. I don't know anything about that.
Q Do you know of any old persons living who would likely know whether any of your ancestors ever complied or attempted to comply with the provisions of the fourteenth article of the treaty of Dancing Rabbit Creek, or ever received any benefits thereunder? A No, sir, don't know of anybody.
Q Do you know of any written evidence of any description which would prove or tend to prove such a state of facts? A No, sir, do not.
Q Have you any written evidence of any description to offer at this time in support of your application? A No, sir, just this paper here.
Q What paper? A This marriage certificate.
Q That's allready been offered in evidence? A I don't know that this amounts to anything. I will show it to you; it wont take butma minute.
The affidavit of Lemuel Herrin is offered in evidence, identified as Exhibit "B", file and made a part of the records in this case.
Q Is this all the written evidence you have to offer, Mr. Fisher? A That's all. You spoke about my license to my first wife; it is impossible to get that; the county court house has burned up. It will be impossible for me to get that - 1860 - all records are burned up - everything.
Q Well, you haven't your original license and certificate? A No, sir.
You may submit, then, in the cases of your children by your first wife, the affidavit of the present officer who is custodian of the marriage records in Shelby County, Texas, to the effect that the records covering the time in which your marriage took place have been destroyed by fire, and also, the affidavit of two disinterested persons who were present at your marriage.
A There is not any one living who was present; they are all dead; that's a long time.
Q No, one living who was present at your marriage? A No, sir; I don't think there is.
Q Well, it may be well for you to offer then in addition to the affidavit of the Clerk, who is custodian of the marriage records, the affidavits of two reputable citizens who know that you and your wife lived together as husband and wife for a long period of time? A I have live there all the time.
Q You can submit the affidavits, then, of two reputable citizens on that point? A Yes, sir.
Q Are there any further statements you want to make at this time in support of your application? A No, sir.
If you should find any witnesses whose testimony you desire to have taken in your case, they may appear before the Commission here in Muskogee, within ten days from this date and their testimony will be taken. Or, if you should see fit to offer any written evidence w in support of your application, if the same is presented within ten days from this date, it will received consideration.
Q Have you any brothers living? A No, sir.
Q Did you ever have any brothers A Never did have neither brother or sister; I am the only one.
Q who is Lemuel Herrin, whose affidavit you submit? A Who is he?
Q Yes? A He is a black-smith in Timpson, Texas. (Shelby County)
Q He has no interest whatever in the result of your application?
Q Oh! no, I just merely brought that.
Q What are the names of your father's brothers? Oldest first? A Put down Jacob.
Q Jacob Fisher? A Yes.
Q Did he leave any children? A No, sir.
Q Now, the next brother? A David.
Q Fisher? A Yes.
Q Did he leave any children? A He left two boys; I don't know whether they are dead or living; I don't know anything about that.
Q Do you know their names? A No, sir, don't know their names.
Q Now, what's the name of the next one of your father's brothers. A William.
Q Did he leave children? A No, sir.
Q The next one of your father's brothers? A Well, there was one named Hiram.
Q Did he leave any children? A No, sir; he died very young.
Q Did your father have any other brothers? A No, sir; don't think he did.
Q Did he have any sisters? A Yes, sir, three sisters, I believe.
Q What's the name of the oldest one? A Can't tell you; never saw them; never was in Mississippi.
Q None of them? A No, sir.
Q You don't know whether any of their descendants are living or not? A No, sir.
Q Have any of your relatives ever been before this Commission? A Not that I know of. None of my family are here.
Q You don't speak or understand the Choctaw language? A No, sir.
(This applicant has the appearance of being a white man, and shows very little, if any, indication of being possessed of Indian blood, although he has a very dark complexion, dark hair and dark eyes; he does not speak or understand the Choctaw language, and had no knowledge of a compliance on the part of any of his ancestors with the provisions of the fourteenth article of the treaty of Dancing Rabbit Creek.)