MySource:Samples 59/Perry Family, Dawes Packet (Choctaw), Witness: Robert Cole

COPY No. 16

• Applications for Enrollment of the Commission to the Five Civilized Tribes, 1898-1914. NARA M1301. The Dawes Commission negotiated with tribal members who received common property in return for abolishing their tribal governments. (Record Group: 75, Roll: 0086, Tribe: Choctaw, Group: Mississippi Choctaw, Card Range: MCR 178- MCR 214, Case Number: MCR 205, Surname: Boyd, Given Name: Victoria, Status: [Blank]).

General deposition of Robert Cole, a half blood Choctaw of Yalobusha County, Mississippi, taken by consent, to be used when applicable.

The deponent being admonished of the nature and obligation of an oath, and declaring his belief in a future state of rewards and punishments, was sworn and deposes as follows:

That he is a half-blood Choctaw; that he resided at the date of the treaty on the Yalobusha River, about half way up to its head, in Yalobusha County, Mississippi; that he left his residence about five years since, and has had no settled residence since that time, but has always remained in that county. At the time of the treaty he was well acquainted with Garrett E. Nelson, a white man, who resided then within half a mile of his house; that he was at a council of Indians held at said Nelson’s house in the spring succeeding the fall in which the Treaty of Dancing Rabbit Creek was made; that in the same spring of which he has spoken, at the time of planting corn, he went to Col. Ward’s to talk with him upon the subject of the treaty. While there he registered himself & family under the 14th article of the treaty for the five years stay. That at the time he did so Col. Ward told him that if he knew any of his people who wished to remain five years & take the benefit of the treaty & would tell him their names, he would register them. That he told Ward he had not consulted his people & was not prepared to do so, but would go home and consult them. Ward told him to call a council & get Garrett E. Nelson to put down their names. When he reached home he called a council immediately to meet at Nelson’s and in five days from the time he reached home Nelson started with the list. The Indians gathered at the council for about five miles round. There were a great many there. He thinks from two to three hundred of all ages. The Indians in that neighborhood were not settled very thickly. After they met in council they consulted, & those who wished to stay had their names put on a paper by Nelson. All who were present had their names put on the list. But afterwards, about three years ago, Nelson & a great many of them went west, and some at other times by themselves. In all more than half went away, and they still continued to go. None have come back. He does not know whether the children were put down by Nelson. He remembers that the different families appeared to be engaged in sorting them out. He attended through the whole council. It continued for two days. He had been chief of the district now known as Leflore’s district. At that time his nephew, Greenwood Leflore, was chief. He was not in office. He was the chief man present & managed the matters principally himself. Nelson understood the Choctaw language & when a man wanted his name put down he went up to him & gave in his name and Nelson wrote it down. He saw him write them all down. He cannot read himself. Nelson kept the list at his request. Ward sent for Nelson by him, & as he was going he sent the list by him. The Indians believed strong in Nelson, & by a vote in council requested that the list chould be sent by him. The list was not sealed up, but sent open to Col. Ward by Nelson, who set off the day after the council. He never saw the list afterwards. Col. Ward did not write to him to acknowledge the receipt of the list, and he has never seen him since. He was not here at the payment of the annuity. None of the people on that list have ever got their lands to his knowledge. Nelson registered himself and family for the 5 years’ stay. His name, he thinks, was on the list which he carried to Ward. He has no knowledge that Nelson registered other than he was on the list. He knows nothing of Nelson’s being on the list more than Nelson told him at the time of the council he had put his name on the list. He recollects some of his neighbors who were at the council, & who went up to have their names put on the list. They were:

Sons of Garrett E. Nelson ½ bloods & heads of families. Solomon moved west by himself about 2 years before the last emigration by the gov’t & George went with the last emigrating party sent by U. S.

1. George Nelson

2. Solomon Nelson

All went west with their father at the last emigration by authority of the U. S. These are the children of Garrett E. Nelson, and were living with him at the treaty, & unmarried, except Jenny, who was married & lived with her father.

3. Eden Nelson

4. Blunt Nelson

5. Mitchell Nelson

6.  ?hillico Nelson

7. Betsey Nelson

8. Jenny Nelson

9. Mo-sho-la, went west 2 years before the last U. S. emigration; took his family with him.

10. Mus-go-ga.

11. Is-tap-oo-o-na, went west with his family about the same time of Solomon Nelson.

12. Is-te-mo-na-chubbee, gone west with his family at same time with Solomon Nelson.

13. Billy Frazier, gone west with his family at same time with next above.

14. Joe Nelson, went west with his family at first emigration; died on the way.

15. Daniel McCurtain, gone west with his family at same time with the next above.

16. Joe Perry

17. Charles Frazier

18. A-to-ko, gone west with his family at first emigration by the U. S.

19. Ho-tubbee, gone west with his family about 3 years ago.

20. Nelly Dyer, gone west with her family about 3 months ago.

21. Coleman Cole, a son of deponent.

He cannot now recollect any more; if the people were here & he could see them, he could recollect more; but they are almost all gone west anyhow. He has not named half of those who were on the list. Does not know if as great a proportion of those whose names he cannot recollect have gone west as of those named.

Cross examined by dist. Att’y & deposition continued:

Does not know the boundary line as now established between the Choctaw & Chickasaw Nations accurately; he has never traced it. He knows where it crosses the road from Tallahoma to Memphis. He thinks its course is from S.E. to N.W. He thinks Joe Perry lives about a mile across the line on the Chickasaw side. He does not know on which side of the line Nelly Dyer lives. Is not acquainted with the line about there. As far as he know Joe Perry is the only claimant, under the 14th article of the treaty, who lives on the Chickasaw side of any line that has been run. The first line left Joe Perry on the Choctaw side of the line. He does not know what proportion the heads of families bear to the whole number of the people he has stated to have been at the council at Nelson’s. They were all large families, having a great number of children. He thinks he has named pretty nearly half of the heads of families who were there.

Examination by commissioners resumed:

He was specially provided for under the treaty. Two sections of land were granted to him by name. Col. Ward informed him that if he applied under the 14th article of the treaty he could get more. He did apply and is now a claimant under the 14th article. Eden Nelson is his nephew & he is related to all the Nelson’s in the same degree. Mo-ho-la married his niece. He calls him son-in-law. Muscoga is his brother-in-law. Istacapona is a kind of brother. Is-te-mo-na-chubbee is his nephew. Billy Frazier & himself are half-brothers –sisters’ children. Daniel McCurtain is his brother-in-law. Joe Perry is a kind of brother-in-law. Charles Frazier is his brother-in-law. He calls A-to-ko his son. A white man would call him nephew. Ho-tubbee is related to him in the same degree as A-to-ko. Nelly Dyer is a sister of Charles Frazier. Coleman Cole is his son. He has never in any manner been employed by the claimants, or their agents or attorneys as agent or otherwise in the prosecution of claims under the 14th article of the treaty. He never received any promise of reward from any person interested in the claims. He was informed that he has lost the land that he claimed under the 14th article, but that if he would give his informant a part of the land he would get it for him. He does not know what part was demanded. He had thought he had lost the lands claimed under the 14th article, but this conversation induced him to come before the commissioners, as he was in hopes he should get it. This conversation he thinks took place about 3 years since; he is not positive.

He knows Jesse Nelson; does not know whether he went west; he though he had gone until he met him here.

Robert Cole, his x mark

Take and sworn to at Leflore’s this 30th January 1838, before—

J. Murray

P. D. Vroom.