1st -- B F Overton on the 15th day of March
1881, called on all that was subject to militia duty, which is
between the ages of 18 & 30 years, to meet him at Tishomingo
and enroll on the 29th of March 1881.
2nd -- Volunteer Militia Tandy Walker, Capt
R C Wiggs, Josiah Brown, Thom Johnson & Alex McClish,
all the above lived out of the county, accept Wiggs all
over age.
3rd -- I was arrested by Tandy Walker about the 13th day
of April 1881, without any writ or charge, and was put under bond
by B F Byrd, for $600.00 to appear at the July term of
the Dist Court 1881. I was disarmed of my Barlow Knife by Tandy
Walker.
4th -- The regular panel of the Jury for the July term, had been
drawn and summoned by A. H. Law, Clerk, and appeared. O.
L. King, Bill Watkins, Ben Stewart and Eastman Harney.
The Judge Dr. Murray, set the above names aside, without
the color of Law and filled their places out of the bystanders.
5th -- B F Overton, Suspended B. C. Burney, Jno Henderson,
Judge, and Humphry Colbert Dist Atty. The last Legislater
Ignored all of his suspensions and appointments. Sec 8, of Genl
provisions of the Chickasaw Constitution conflicts with the 14th
Art of the Treaties of 1855 between the U.S. and Choctaws and
Chickasaws.
6th -- The Hon Commissioner of Indian affairs has issued the following instructions dated March 19th 1881. Persons in either the Choctaw or Chickasaw Nation, without authority must obtain permits from the Indian authorities, or remove at once from the country, such permits to be approved by the U.S. Indian Agent.
Union Agency
Muskogee I.T.
March 25th 1881
This shows that its the duty of the Indian authorities to have
the permits approved by the agent to make them legal. If not they
receive the money for something that is not legal.
7th -- My reputed father was a white man, died 1832 in Miss.
8th -- Volunteer witnesses before the July term 1881, Thom
Johnson, Josiah Brown, from Tishomingo County, Martin Cheadle,
I think from Pontotock County, R C Wiggs from Pickens County,
all volunteered and subpoenaed after they came in the court grounds.
9th -- A little even handed justice, Wesley Burney, Overton
Love, Joe Roff, Alva Roff, and Bill Watkins controls
about 1/2 of Township each. Pistook Cheald controls about
15 acres. The above are dieing for the full blood Indian.
10th -- A. H. Law says that I have paid, and still pay
more money into the Treasury than any other man in the County,
and yet I do not control the largest field or business.
11th -- After Overton started out with his Militia, the
Country was still fenced up, and Overton accepted them
as homesteads and the fencing is still going on, to enlarge the
Homesteads.
12th -- I have not improved any, for five or six years, only held
the places, that I was allowed to hold by permission of the Laws,
made legal by them giving permits every year. Now [_?_]
Illegals.
13th -- Sec 7 General provisions, conflicts with Treaty of 1866,
art. 26 art.29 art 33.
14th -- Chickasaw Constitution, bill of rights, Sec 14 say, the
legislature shall pass no retrospective Laws, or any Law impairing
the obligation of contracts. Sec 9 says that all Courts shall
be opened, and every person, for any injury done him, in his lands,
goods, person or reputation shall have remedy by course of Law.
15th -- There has been no laws or acts of the Legislature Published
since 1878, all the acts have been locked up in Tishomingo and
subject to mutilation. The Institution of the Chickasaw Legislative
Department Sec 10, says each house shall keep a journal of its
proceedings and publish the same.
16th -- The 15th of Sept 1865, Mr D. N. Goodry, Com of
Indian Affairs of the U.S., the Choctaws and Chickasaw Delegates
signed the most shamfull surrender to the U.S. that our Nation
ever did sign. Choctaw delegates, P P Pitchlyn, R M Jones,
Sampson Fulsom, Forbes Leflore, Famaways Batties, Wm Robuck, Allen
Wright, Peter Fulsom, Tandy Walker, John Page, Jackson McCurtain,
Campbel Leflore, James Riley, Alford Wade, Sam Garlin, Coleman
Cole, David Hawkins, J D Kingsberry. Chickasaw Delegates,
Winchester Colbert, Holmes Colbert, Colbert Carter, Overton
Love, David Burney, J. S. Harris, J. E. Andersin, Archobald McGee,
Sampson Pasasubby, C A Burris, Cyrus Harris, G. D. James.
Witnessed by Mathews King, U.S.; Shawnee Indian Ice
Czparten; James B Abbot, U.S. Agent. The Treaty of
Shame, consisted of Eleven Articles.
17th -- Gov Colbert sent Holmes Colbert to borrow
money to carry the Delegates that was Elected to go to Washington
to sign the program, the Legislature Elected to go, Edmund
Pickens, Colbert Carter and Holmes Colbert. Holmes
Colbert failed to get any money, not even one dollar. Gov
Colbert called an extra session of the Legislature in Nov
1865, to raise money for the Delegates of the Nation had no credit.
There I came forward and loaned the Nation $1800.00 in gold. I
claim something for the part I took in making the Treaty of the
28th of April 1866, between the U S and Choctaws and Chickasaws.
It saved all lands monies and Governments which was all lost by
taking part in the Rebellion, or late War.
18th -- Homesteads Law passed the Chickasaw Legislature and approved
by B C Burney Gov on Sept 18th 1879, How can they Indict
me for having places before the Homestead Law was passed. I have
not improved any place since it was passed, now I want to know
how they can go back, with out its confiscation.
19th -- I claim hardship of getting the $2500 permit Law of Oct
17th 1876, it being set aside by Chas Chentz Si' 5 august
27th 18877 [sic. 1877]. Copies of the Van Buren "Graph"
was sent to Garfield, Price, Kirkwood and Agent Lufts,
which brought out the Atty Genl of the U.S. decision of the 27th
day of June 1871, Permit Laws. The 7 article of the Treaty 1855,
the art of the Treaty of 1866, between the Choctaws, Chickasaws,
and the U.S.A. Dr J B Jones, deceased, was also held by
the Court to be a citizen of the U.S. because his wife's Mother
Pr-ho had married a Choctaw, could not change her political
status by marriage to a Choctaw at the time, she so married and
having died prior to the adoption of the Treaty of 1866, could
not be affected or changed by said Treaty. And as Dr Jones
wife was found to be the Issue of a white woman, Citizen of the
U.S., by W S Burks, Citizen of the U.S., their offspring
were and are Citizens of the U S, and subject to the jurisdiction
of this Court although they live in the Indian Country. I R
H Love claim the foregoing to be my own and Childrens status
under the Law.
Witnessed
G W Hawkins
I hereby certify the foregoing instrument of writing signed by R. H. Love, to be a true and correct copy of the original handed me for Record,
This 29th day Apl AD 1882.
R C Wiggs Clerk
P C C N
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