632. Gov. Benjamin Crooks 'B.C.'⁵ Burney (Judge David Calhoun⁴, Margaret 'Peggy'³ Allen, Susan 'Susy'² Colbert, James Logan¹)⁽⁴⁷⁸¹⁾ (#35) was born in Shreveport, Caddo Parish, La. 15 JAN 1844.⁽⁴⁷⁸²⁾ Benjamin died 25 NOV 1892 in Aylesworth, Pickens Co., Chickasaw Nation, IT, at 48 years of age.⁽⁴⁷⁸³⁾ His body was interred NOV 1892 in Burney Cemetery, Pickens Co., Chickasaw Nation, IT.⁽⁴⁷⁸⁴⁾

He married Louisa 'Eliza' Alberson nr Tishomingo, Tishomingo Co., Chickasaw Nation, IT, 11 JAN 1870.⁽⁴⁷⁸⁵⁾ (Louisa 'Eliza' Alberson is #49.) Louisa was born in IT, 1846.⁽⁴⁷⁸⁶⁾ Louisa⁽⁴⁷⁸⁷⁾ was the daughter of Capt. Isaac 'Sho-me-cha' Alberson (Albertson) and Lucy Gaines. Louisa died 25 JUN 1904 in Durant, Blue Co., Choctaw Nation, IT, at 57 years of age.⁽⁴⁷⁸⁸⁾ Her body was interred JUN 1904 in Burney Cemetery, Pickens Co., Chickasaw Nation, IT.⁽⁴⁷⁸⁹⁾ Conflicting evidence states that Louisa was born circa 1853.⁽⁴⁷⁹⁰⁾ Louisa enrolled in Cumberland, Pickens Co., Chickasaw Nation, IT for the Dawes Chickasaw Roll on 30 SEP 1898 and appears on Dawes card number 843.⁽⁴⁷⁹¹⁾ She was listed as a resident in the census report in Chickasaw Nation, IT, 20 JUN 1900.⁽⁴⁷⁹²⁾

Chronicals of Oklahoma, Vol. XVI, p.221, states that she is the daughter of James GAINES of Tishomingo. This does not agree with her parent information contained on her Dawe's card. She was probably the grand daughter of James GAINES. (Later evidence indicates she was the neice of James T. Gaines and grand-daughter of John Gaines.)

In affidavits filed before the Dawe's Commision, she is also referred to as "Eliza". Marie King Garland, noted expert on the Love family, in her book, "Chickasaw Loves and Allied Families", states that it is her belief that Chickasaw Chief Isaac Alberson (Albertson), was the father of Louisa. On her Dawes' enrollment card, her parents are given as Isaac Alberson and Lucy Alberson. In the testimony given in the Chickasaw Incompetent Fund case of Cho-mi-cha in 1889, Homa-ha-key testified that Sho-me-cha was father of herself and her sister, Louisa Burney. Robert Newberry testified under oath that Sho-mi-cha had an English name of Capt. Alberson and he was the father of Louisa Burney and Homakey, and that Louisa had children by the name of Ada, Benj., Paul, and Arvilla. (See, OHS microfilm, CKN#3, frame 350.) Peter Love testified in the case of Bi-ho-tubby that Clifton Love, Nancy Dillard, Louisa Burney, the heirs of Eliza Burney, Nancy Smith, George Love, the heirs of Amanda Crock [sic, Crockett] deceased, Slone Love, Lottie Holder, and Francis Stewart are the grandchildren of John Gains deceased and that Bi-ho-tubby was his Indian name. The major facts here are: 1. That Nancy Smith is Nancy Love, (married Jourdan Smith), and the daughter of Slone Love and "Lottie Gaines. 2. That Eliza Burney was Mary Eliza Gaines, the daughter of James T. Gaines and Sally Love, and who married Wesley Burney, and was dead before 1889. 3. That Louisa Burney, (wife of B.C. Burney), was Louisa Alberson, the daughter of Isaac Alberson and Lucy Gaines. (The other listed heirs are actually great-grandchildren.) The above evidence clearly indicates that Lottie Gaines, James T. Gaines, and Lucy Gaines were all siblings and children of John Gaines.

He was listed as a resident in the census report on '1855' Choctaw Roll, Chickasaw District, IT, DEC 1856. Benjamin's occupation: Chickasaw Governor in Chickasaw Nation, IT, 1878-1880. He was given an allotment on the Native American Annuity Payroll in Berwyn, Pickens Co., Chick Nation, IT, 19 DEC 1878. "There were a large number of orphans after the Civil War and some years later many were provided a home at the old Burney Institute, (Burney Institute for Girls founded in 1859), henceforth known as the Chickasaw Orphan School, located near the village of Lebanon in present county of Marshall, Oklahoma." (Wright, "A Guide to the Indian Tribes of Oklahoma", p.92).

"B.C. Burney was educated at the Chickasaw Orphans School at Tishomingo. He was a private in Shocoe's Chickasaw Battalon of Mounted Volunteers - Confederate Army, during the Civil War." ("History of Love County, Oklahoma", F37).[Federal Archives Records show that he was a sargent.]

He appears on the Chickasaw Annuity Roll of 1878 for Pickens County, Chickasaw Indian Nation, Indian Territory. The Roll is dated 19 DEC 1878.

Gov. Benjamin Crooks 'B.C.' Burney and Louisa 'Eliza' Alberson had the following children:

+ 1573 i. Ada Bell⁶ Burney was born 15 FEB 1873.

1574 ii. Susan Burney⁽⁴⁷⁹³⁾ (#943) was born before 1878. She was listed as a resident in the census report in Chickasaw Nation, IT, 1878.⁽⁴⁷⁹⁴⁾

1575 iii. Benjamin 'Bennie' Bennett Burney⁽⁴⁷⁹⁵⁾ (#940) was born in IT 7 MAY 1881.⁽⁴⁷⁹⁶⁾ He married Myrtle Graham in Pottsboro, TX, 21 DEC 1905.⁽⁴⁷⁹⁷⁾ (Myrtle Graham is #1003.)

Benjamin enrolled in Cumberland, Pickens Co., Chickasaw Nation, IT for the Dawes Chickasaw Roll on 30 SEP 1898 and appears on Dawes card number 843.⁽⁴⁷⁹⁸⁾ He was listed as a resident in the census report in Chickasaw Nation, IT, 20 JUN 1900.

In 1916, Ben B. Burney was elected as the Marshall Co., Oklahoma, County Treasurer. He resigned that post in 1917.

+ 1576 iv. Paul Ernest Burney was born 17 JUN 1886.

+ 1577 v. Arvilla Burney was born MAY 1888.

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