____________________________________________________________________________ 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. ____________________________________________________________________________ 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. ____________________________________________________________________________ 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. ____________________________________________________________________________ Records of the Commission to the Five Civilized Tribes, MCR 4560, Taylor Polk et. al., National Archives, Washington, D.C. ____________________________________________________________________________ David Kelley 1997