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The following information is extracted from records of the Commission to
the Five Civilized Tribes or Dawes Commission that was formed in 1893 by
the U.S. government to exchange lands of the five tribes for individual land
allotments in Indian Territory now Oklahoma. It is from application file
MCR 4650 for Taylor Polk et. al. MCR stands for Mississippi Choctaw
Rejected. This claim based on the 14th Article of the Treaty of 1830 also
known as the treaty of Dancing Rabbit Creek was rejected because Taylor
Polk and his child did not appear on any of the rolls of the Choctaw Nation
or did it appear they had been admitted by the Commission or by any
judgement of the United States Court.
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MCR 4560 Taylor Polk et. al
Taylor Polk appeared before the Commission at Atoka, Indian Territory (now
Oklahoma) on June 4, 1900 and made application for himself and child as
citizens of the Choctaw Nation. Taylor Polk being first duly sworn by Acting
Chairman Bixby testified, as follows:
Question: State your name? Answer: Taylor Polk. Question: What is your age?
I was born in '39. He indicates his residence and postoffice address as
Davis, Indian Territory.
Question: Are you a Choctaw? Answer: That is what I have been taught and
what I claim. Question: What is the name of your father? Answer: Taylor
Polk. Question: Is he living? Answer: No sir. Question: Was he on the
Choctaw roll? Answer: I don't think he was. Question: What is the name of
your mother? Answer: Prudence Anderson. Question: Is she living? Answer: No
sir. Question: Was she on the Choctaw rolls? Answer: I am not claiming it on
my mother; it is on my father.
Question: Did you apply to the Dawes Commission in '96? Answer: Yes sir.
Question: Were you admitted or rejected? Answer: I was rejected but my
mother had some Cherokee blood in her and I applied for citizenship in the
Cherokee nation and was rejected there; I never applied in the Choctaw
Nation. Question: What proportion of Choctaw blood do you claim? Answer:
The evidence I am giving you is just what I have been taught from my
father, and I suppose he was about a quarter.
Question: Are you married? Answer: Yes sir. Question: What was your wife's
name before she was married? Answer: Her name was Mary Ann Petty. Question:
What is the name of her father? Answer: James Petty. Answer: What was the
name of your wife's mother? Answer: Phoebe Petty. Question: What are the
names of your children under 21 years of age, unmarried? Answer: I have got
but one, Bevly (sp) R. Polk. Question: Is there any additional statement in
regard to your case that you desire to make? Answer: In putting in this
claim couldn't I put in for my grandchildren? I have some grandchildren.
Reply: No. Question by affiant: Will my children all have to appear in
person that are over 21 years of age? Answer: Yes sir. Question: Is there
any additional statement that you desire to make in regard to this case?
Answer: I don't know; all I want is to put it before the people as near
correct as I can. Any statement that would be right for me to make I would
like to make.
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Decision
In the matter of the application of Taylor Polk et. al. for identification
as Mississippi Choctaws ... we find from the record in the case of Taylor
Polk et. al. that on June 4, 1900 the said Taylor Polk appeared before the
Commission at Atoka, Indian Territory and there made application for
enrollment of himself and minor child, Bevly (sp) R. Polk, as citizens by
blood of the Choctaw Nation. The principal applicant claims descent from
Taylor Polk, an alleged one quarter blood Choctaw, who married Prudence
Anderson, a white woman, and who are the parents of this applicant. The
evidence offered in support of this application ... embraces the ex parte
affidavits of William L. Byrd, James J. Fry, the joint ex parte affidavit
of Manervia Anderson and Joseph Freeman, the ex parte affidavit of Jonas
Frazier, and the joint ex parte affidavit of F.M. Shipp and Sarah D. Shipp.
The ex parte affidavit of William L. Byrd is simply to the effect that the
principal applicant, with whom he is acquainted, very much resembles one
Taylor Polk whom he knew in the Choctaw Nation, Indian Territory, when a
small boy. The ex parte affidavit of James J. Fry is simply to the effect
that he was acquainted with the applicant and his father Taylor Polk Sr.
and his family in Montgomery County Arkansas between the years 1846 and 1854
and that Anderson Polk and Ellen Polk brother and sister of the principal
applicant bore striking evidence of being possessed of Indian blood. By the
joint ex parte affidavit of Manervia Anderson and Joseph Freeman, it is
attempted to be shown that affiants were acquainted with the father and
grandmother of the principal applicant, the latter of whom (grandmother) ...
was named Mrs. Patsy Polk (nee Walker) at Doaksville, Indian Territory, and
that said persons enjoyed all the rights and privileges of Choctaw Indians
by blood and were recognized as such. By the ex parte affidavit of Jonas
Frazier it is attempted to be shown that the affiant was acquainted with
one Patsy Polk (nee Walker) and her son Taylor Polk, grandmother and father
of the principal applicant, near Doaksville, Choctaw Nation, between the
years 1836 and 1844, and alleges that said persons were part Mississippi
Choctaw Indians by blood. By the joint ex parte affidavit of F.M. Shipp and
Sarah D. Shipp it is attempted to be shown that affiants were acquainted
with the entire family of Taylor Polk, deceased, father of the principal
applicant, in Pike County, Arkansas between the years 1857 and 1865 and know
them to be part Mississippi Choctaw Indians by blood, and that affiants were
present at the wedding of Taylor Polk Jr., the principal applicant herein,
and his wife, Mary Ann Petty, on the 21st day of August, 1859.
There is nothing in these affidavits which in any way tends to show that any
of the alleged Choctaw ancestors of the principal applicant were ever
recognized by the Choctaw tribal authorities as members of the Choctaw tribe
of Indians in the state of Mississippi, or that they ever complied or
attempted to comply with the provisions of article fourteen of the treaty of
1830.
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Records of the Commission to the Five Civilized Tribes, MCR 4560, Taylor
Polk et. al., National Archives, Washington, D.C.
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David Kelley 1997