Friday, July 3, 2009

"DAWES COMMISSION EXPOSED" FIVE CIVILIZED TRIBES: COMM: TAMS BIXBY, C B BRECKENRIDGE, T B NEEDLES:


"DAWES COMMISSION EXPOSED"
1897-1907 Five civilized Tribes Dawes Commission:

Interlocutory Order: Defendant: The United States Order to pay Plaintiff Creek Nation Liabilities:







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" DAWES COMMISSION EXPOSED" 1897-1907 Five civilized Tribes Dawes Commission:

Known underground potentials Coal, Gas and oil deposits:

Defendant; The Unites States not taking more precautions to prevent fraudulent, erroneous Dawes Commission Enrollments.

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Plaintiff: Creek Nation,, Libilities final judgement $1,115,000.











Order denying defendants request for rehearing:








"Dawes Commission Exposed"

A political and economic growing need for the ceding and dispersing of North American Indian lands. Dawes Commissioners, Tams Bixby, C.B. Breckinridge, T.B. Needles,, in 1970-1978 "Indian Claims commission" under the Appointment of President Lyndon B Johnson, after eight years of investigation by the commission,, in a Class actions law suit,, Plaintiff, Creek Nation, Defendant The United States: paid liabilities of $1,115,000 to the Creek Nation, for failure to take more precautions to prevent Fraudulent erroneous enrollments.

Tams Bixby owner and a major stockholder in the Canadian Valley Title and Trust Company, Muskogee Okla, was enrolling fraudulent applicants, confiscating Indian enrollee land allotment under "Possessory Rights",, then selling them right out the back door of the Dawes Commission, which was located within the same building as the Dawes Commission.
Selling and leasing potentials of "Known underground Oil, gas, coal mining potentials."

In a letter sent to President Bush in:

July 29, 2008

The Most Honorable, George W Bush,
President of the United States of America
White House
1600 Pennsylvania Avenue NWWashington, DC 20500
RE:
Martha Carpenter Allen, MCR 1412,
1902-04 Mississippi Choctaw Rejection;
RE;
Five Civilized Tribes,
Dawes Commission, 1896-1907
American Indian Title
Code of Federal Regulations
CFR Title 25, 83.7 (a-g)
Petitioning under
Mississippi Band Choctaw,
Leo W Pergson (Buddy) Chief
Su-Quah-Natch-Ah, Carroll County MS.
OFA, Washington DC, Contact #276.
Mr. President, we write with heavy hand and very heavy hearts, regarding Great Grandmother Martha Carpenter Allen, MCR 1412, 1902-04 Mississippi Choctaw Rejection;

Mr. President, during the administration of the 1897-1907 Dawes Commission, Five Civilized Tribes, Chairperson, Tams Bixby, Commissioners, T B Needles, C B Breckenridge, in 1904, administered final decision regarding, Great Grandmother Martha Carpenter Allen, 1902, CDIB, "Certificate Degree of Indian blood", application for Tribal enrollment before Dawes Commission, Muskogee Okla, MCR 1412, ‘Mississippi Choctaw Reject".
Pages 1 of 4
Mr President,
On Dec 14, 1970, under Presidential Administration of Lyndon B Johnson, under special appointment of, Chairperson, Richard W Yarborough, and Commissioners, Brantley Blue, John T Vance, Margarete W Pierce, who were appointed to investigate under appointment of the Indian Claims Commission and make final decisions Findings of Fact regarding Court of Claims decisions Relating, and applicable Federal records of;

Decided, Dec 14, 1978.
On Dec 14, 1970, under Presidential Administration of Lyndon B Johnson, under special appointment of, Chairperson, Richard W Yarborough, and Commissioners, Brantley Blue, John T Vance, Margarete W Pierce, who were appointed to investigate under appointment of the Indian Claims Commission and make final decisions Findings of Fact regarding Court of Claims decisions Relating, and applicable Federal records of;
Decided, Dec 14, 1978.
Plaintiff -The Creek Nation VS defendant- United States,
Re;Tams Bixby, Commissioner and officers of the 1896-1907 Dawes Commission, Five Civilized Tribes.

Mr. President please read President Johnson’s final decisions regarding

1903, Messsrs, Charles J Bonaparte, and Clinton Rogers Woodruff, Special inspectors appointed by Secretary of Interior to report irregular abuses in the public services of the Indian Territory.

Appointment for National Attorney,
False Swearing in, Dawes Commissioners enrollments.
False Commissioner enrollments,
(Plaintiffs Exhibit, No. 1, pp. 42-43, from the national Archives records group No. 123)

Special Investigator Brosius , Commissioner Tams Bixby Canadian Valley Trust Company, Muskogee Ok, illegal Indian allotment land transfers under "Possessory Rights".

24 Ind. CI. Comm. 238 (P. 260) P-266,
Jan 29, 1907 the Attorney General of the United States recommended that certain of these charges being investigated and developed. On June 30, 1907 Mr. Bixby resigned his position as Chairman of the Five Civilized Dawes Commission.

Plaintiff -The Creek Nation VS defendant- United States,
Re;Tams Bixby, Commissioner and officers of the 1896-1907 Dawes Commission, Five Civilized Tribes.

Mr. President please read President Johnsonn’s final decisions regarding

1903, Messsrs, Charles J Bonaparte, and Clinton Rogers Woodruff, Special inspectors appointed by Secretary of Interior to report irregular abuses in the public services of the Indian Territory.

Appointment for National Attorney,
False Swearing in, Dawes Commissioners enrollments.
False Commissioner enrollments,
(Plaintiffs Exhibit, No. 1, pp. 42-43, from the national Archives records group No. 123)

Special Investigator Brosius , Commissioner Tams Bixby Canadian Valley Trust Company, Muskogee Ok, illegal Indian allotment land transfers under "Possessory Rights".

24 Ind. CI. Comm. 238 (P. 260) P-266,
Jan 29, 1907 the Attorney General of the United States recommended that certain of these charges being investigated and developed. On June 30, 1907 Mr. Bixby resigned his position as Chairman of the Five Civilized Dawes Commission.
Page 2 of 4
Mr. President of these United States,
Rejection of great Grandmother, Martha Carpenter Allen, 1904, Muskogee Okla, before Dawes Commissioners, Tams Bixby, was based on a Dawes Commissioners Enrollment decisions based on an extremely fraudulent Dawes Commissioners Enrollment process and involved in fraudulent Indian land allotment claims under "Possessory Rights".

In Conclusion;
Mr. President, are we United States Citizens under U.S. laws, or are we Native American citizens under Native American Citizenship laws under Sovereign Tribal laws?
Mr. President, am I born and raised as the son of my proud American brothers or am I the born Native American son of my proud Native American brothers under Tribal laws and jurisdiction?
Mr. President, we desperately need federal closure on a Presidential "Executive Level", to our OFA, Office of Federal acknowledgment petition #276, of Dec 2003, as a Native American tribe from historical times.
Mr. President, we certainly understand the great historical impact that bringing forth such harsh reality facts concerning such great fraudulent charges against the 1896-1907 Dawes Commission, Five Civilized Tribes, would have on the American Indian and these United States Tribal enrollments process based on 1896-1907 Dawes Commission, Five Civilized Tribes and on future Dawes Commission, Five Civilized Tribal enrollment application, but please understand my Great Grandmother Martha Carpenter Allen’s Tribal enrollment was based on a very harsh crude fraudulent enrollment process in which acceptance or denial meant the difference between my Great Grandmother Martha Carpenter Allen and my Grandfather John W Allen’s life’s survival which was in a time and country that was very harsh and very unforgiving.

Without her promised enrollment, promised annuities my family suffered greatly in their survival for life. Without her promised enrollment, promised annuities under the Sept 27, 1830, Treaty of Dancing Rabbit Creek, my family suffered a life without a greatly deserved means to survive in a harsh new wilderness in a new Indian Territory country west of the Mississippi.

Mr. President, when we embarked upon OFA Federal Acknowledgment process, I/we were expecting great honorable acceptance by a U.S. Government assistance willing to help us find our long ago lost place back among my honorable people, but instead we found a Government which based Native American values of life, liberty and Indian lands within a very monetary value way of acknowledgment process of a
proud Native American people of these United States.
Page 3 of 4
Mr. President, we don’t have all the answers involving an OFA process evaluating the American Indian, and we’re certainly not coming forth to break a long U.S. tradition of a 112 year Dawes Commission process for"CDIB"Certificate Degree of Indian blood, enrollment, but, what we’re asking of the Honorable Office of the President of these United States is to investigate, to re-evaluate the Office of Federal Acknowledgment Washington DC and the process for evaluating human worth of the American Indian. To evaluate and examine a new process based on a more honorable way giving recognition to the American Indian. To re-evaluate and re-examine an enrollment process based on a fraudulent Indian commission enrollment that has been resisted by the American Indian for more than two centuries.

Mr. President, we know and understand very well the great impact that these fraudulent charges against the 1897-1907 Dawes Commission could have on the OFA process based on Dawes Commission enrollments, and future American Indian enrollments, and the American people, but to now know these American Nation dishonors and to now say nothing would be hiding a lie that now lives hidden deep within my blood.

Mr. President, we will thank you in advance for your great consideration in this matter, and respectfully await your honorable executive branch decision answer in this matter.
Respectfully;
Leo Wayne (Buddy) Pergson Chief
Su-Quah-Natch-Ah, Mississippi Band Choctaw, and Council,
600 N humboldt Av #128 Willows Ca 95988, 530-934-3008.
Office of Federal Acknowledgment Washington DC, Contact #276,
Legal Attorney at Law, Indian representative, Lee Gladden, Offices of Scott, Sullivan & Fox, Jackson MS,
601-607-4800.
July 29, 2008

Page 4 of 4

In a direct response from the President:
Presidential Attorney for President Bush: Jane M Smith:
The letter concerning Fraud within the Dawes Commission has been forwarded to OFA Office of Federal Acknowledgment Lee R Fleming.
Apr, 18, 2009 In a letter response from Dir of OFA Lee R Fleming: What does the Creek liabilities have to do with your tribal group Choctaw Band Mississippi?

Expecting that exact response from the United States,, my only concerns are now,, that what ever written by the Indian Nation to the Dept of Interior, we as a Indian Nation will always be down played by such Dept of Interior response of either "Pass the Buck" play "Unknowing" or just outright "Ignore" any responsibility in the liabilities of outright illegal removal tactics by the United States. A bold blatant Civil Rights violations of a removal of a people from their aboriginal Treaty promised homelands.
The Dawes Commission of 1896-1897 under the "Five Civilized Tribes" the Cherokee, Seminoles, Chickasaw, Choctaw and the Creek. A very simple Dawes commission search would reveal these tribes were a very inter twined and a very inner wed people. The Chickasaw marrying Creek, the Choctaw marrying Chickasaw, the children’s mother Choctaw, father Chickasaw and living in Chickasaw district were many times enrolled as Choctaw but because of family separations,, for a multitude of tribal enrollment reasons,, the children were removed from one CDIB "Certificate Degree of Indian blood" enrollment and placed onto enrollment of another tribe. The Dawes Commission was never exclusive to any one tribe, but over all North American tribal governments.
Native American history will always be placed legally as second class citizens,, because the United States will never adhere responsibilities as to placing the American Indian on reservations,, as a separate government,, in order to continues buying and selling of millions of acres of ceded Indian territory Lands.

The real shame of this historical travesty is: Not only has the United States conitniued to break Treaty promises,, "Lands Held in trust by the Dept of Interior" but the Dept of Interior still continues to base their OFA Office of federal Acknowledgment Washington D.C. rules and regulations process on a very fraudulent, erroneous 1896-1907 Muskogee Okla Dawes Commission enrollment process. An enrollment process found liable in under 1970-1978, under Presidential Administration of Lyndon B Johnson, under special appointment of, Chairperson, Richard W Yarborough, and Commissioners, Brantley Blue, John T Vance, Margarete W Pierce, who were appointed to investigate under appointment of the Indian Claims Commission.

Su-Quah-Natch-Ah, Band of Choctaw, "Choctaw Scrip" 78C, Carroll County MS.

"HISTORICALLY" based upon the;
TREATY WITH THE CHOCTAWS, 1820. "Treaty of Doak stand".
TREATY WITH THE CHOCTAWS, 1825.
1830, "Treaty of Dancing Rabbit creek".
Chief, Greenwood LeFlore, signing of the 1830, "Treaty of Dancing Rabbit creek".
*
BASED UPON; TREATY WITH THE CHOCTAWS, 1825.
ARTICLE I.
The Choctaw Nation do hereby cede to the United States all that portion of the land ceded to them by the second article of the Treaty of Doak Stand, as aforesaid, lying east of aline beginning on the Arkansas, one hundred paces east of Fort Smith, and running thence, due south, to Red river: it being understood that this line shall constitute, and remain, the permanent boundary between the United States and the Choctaws; and the United States agreeing to remove such citizens as may be settled on the west side, to the east side of the said line, and prevent future settlements from being made on the west thereof.
Publications Mississippi Historical Society Vol III Choctaw land Claims,

Oxford Mississippi Printers 1904.Official documents containing brief summary of facts relative to Choctaw claims, Commissioner of Indian Affairs W Medill, Apr 15, 1846. Page 393, Section 3d. The number of claims approved and the number of claim rejected, Answer, The department in it’s revision of the reports aforesaid, allowed 1,009 and rejected and suspended 275: 108 because the township map, showing the sales of the lands claimed by the Indians had not been submitted to them, and 57 in their opinion not being embraced in the terms of the law of 1842.

Aug 3, 1846 Acts of resolutions The first session, Twenty ninth Congress, United States

Aug.3,1846. [No. 17.]—Joint Resolution to authorize the Secretary of War to adjudicate the Claims of the Su-Quah-Natch-Ah, and other Clans of 'Choctaw Indians, whose cases were left undetermined by the Commissioners for the Want of the Township Maps. Resolved by the Senate and House of Representatives by' the United States of America in Congress assembled, That the Secretary of War, for the purpose of consummating the claims of the Su-quah-natch-ah and other clans of Choctaw Indians, in whose cases the testimony was taken by the commissioners appointed by virtue of the act approved the twenty third of August, eighteen hundred and forty-two, and returned to the war department, but judgment was not entered up for the want of the maps whereby the location of the lands of the claimants and the allotment of land or scrip, respectively, to each, could alone be determined, be, and he is hereby, authorized to decide the same, and award land or scrip in each case, as the testimony already taken may justify, August 3, 1846. , , .
Aug 23,1842 Resolution to adjudicate those Choctaw claims left undetermined by the Secretary of war and commissioner of Indian affairs.
Sec. 3. And be it further enacted, That when the said commissioners shall have ascertained that any Choctaw has complied or offered to comply with all the requisites of the fourteenth article of the said treaty, to entitle him to any reservation under that article, which requisites are as follows, to wit: that said Choctaw Indian did signify his or her intention to the agent, in person, or by some person duly authorized and especially directed, by said Indian, to signify the intention of said Indians to become a citizen of the State, within six months from the date of the ratification of the said treaty, and had his or her name, within the time of six months aforesaid, enrolled on the register of the Indian agent aforesaid, for that purpose; or shall prove, to the entire satisfaction of the said commissioners and to the Secretary of War, that he or she did signify his or her intention, within the term of six months from the date of the ratification of the treaty aforesaid, if his or her name was not enrolled in the register of the agent aforesaid, but was omitted by said agent; and, secondly, that said Indian did, at the date of making said treaty, to wit, on the twenty-seventh day of September, eighteen hundred and thirty, have and own an improvement in the then Choctaw country; and that, having and owning an improvement, at the place and time aforesaid, did reside upon that identical improvement, or a part of it, for the term of five years continuously, next after the ratification of said treaty, to wit, from the twenty-fourth of February, eighteen hundred and thirty-one, to the twenty-fourth of February, eighteen hundred and thirty-six, unless it shall be made to appear that such improvement was, before the twenty-fourth day of February, eighteen hundred and thirty-six, dispossessed of by the United States, and that the reservee was dispossessed by means of such disposition; and, thirdly, that it shall be made to appear, to the entire satisfaction of said commissioners, and to the Secretary of War, that said Indian did not receive any other grant of land under the provisions of any other article of said treaty; and, fourthly, that it shall be made to appear, in like manner, that said Indian did not remove to the Choctaw country west of the Mississippi river, but he or she had continued to reside within the limits of the country ceded by the Choctaw Indians to the United States, by said treaty of twenty-seventh September, in the year eighteen hundred and thirty, it shall be the duty of the said commissioners, if all and each of the above requisites shall be made clearly to appear to their satisfaction, and the Secretary of War shall concur therein, to proceed to ascertain the quantity of land to which
said Indian, by virtue of the fourteenth article of said treaty, is entitled to, which, when ascertained, shall be located for said Indian, according to sectional lines, so as to embrace the improvement, or a part of it, owned by said Indian at the date of said treaty; and it shall be the duty of the President of the United States to issue a patent to said Indian for said land, if he or she be, living, and if not, to his or her heirs and legal representatives; and in like manner shall the commissioners aforesaid ascertain the quantity of land granted by said article to each child of said Indian, according to the limitations contained in said article, and locate said quantity, for said children, contiguous to and adjoining the improvement of the parent of such child or children; and the President shall issue a patent for each tract of land thus located, to said Indian child, if living, and if not, to the heirs and legal representatives of such Indian child. But if the United States shall have disposed of any tract of land, to which any Indian was entitled, under the provisions of said fourteenth article of said treaty, so that it is now impossible to give said Indian the quantity to which he was entitled, including his improvements, as aforesaid, or any part of it, or to his children, on the adjoining lands, the said commissioners shall thereupon estimate the quantity to which each Indian is entitled, and allow him or her, for the same, a quantity of land equal to that allowed, to be taken out of any of the public lands in the States of Mississippi, Louisiana, Alabama, and Arkansas, subject to entry at private sale; and certificates to that effect shall be delivered, under the direction of the Secretary of War, through such agent as he may select, not more than one half of which shall be delivered to said Indian until after his removal to the Choctaw territory west of the Mississippi river. The said commissioners shall also ascertain the Choctaws, if any, who relinquished or offered to relinquish any reservations to which he was entitled under the nineteenth article of the said treaty, or whose reservations under that article had been sold by the United States; and shall also determine the quantity to which such claimant was entitled; and the quantity of land which should be allowed him on extinguishment of such claim, at the rate of two fifths of an acre for every acre of land to which said claimant was entitled, said land having been estimated under this article at fifty cents per acre: Provided, nevertheless, That no claim shall be considered or allowed by said commissioners, for or in the name or behalf of any Indian claimant whose name does not appear upon the lists or registers of claimants made by Major Armstrong, special agent for that purpose, in conjunction with the three chiefs of the three Choctaw districts, and returned to the Department of War in January, eighteen hundred and thirty-two, and who does not appear from those registers to be entitled to a reservation under said nineteenth article.
Choctaw Aug 23, 1842

Indian Removal Act President Andrew Jackson (D) on May 26, 1830
Indian Removal by: President Andrew Jackson (D) on May 26, 1830 was a nineteenth century policy of the government of the United States to remove Native American Tribes living east of the Mississippi River to lands west of the river. The Indian Removal Act, part of a United States government policy known as Indian removal, was signed into law by President Andrew Jackson (D) on May 26, 1830.

The Removal Act paved the way for the reluctant—and often forcible—emigration of tens of thousands of American Indians to the West. The first removal treaty signed after the Removal Act was the Treaty of Dancing Rabbit Creek on, Sept 27 1830, in which Choctaws in Mississippi ceded land east of the river in exchange for payment and land in the West. Choctaw chief (thought to be Thomas Harkins or Nitikechi) quoted to the Arkansas Gazette that the 1831 Choctaw removal was a "trail of tears and death."

The New (New Echota Cherokee) (signed in 1835) resulted in the removal of the Cherokee on the "Trail of Tears,"

The Seminoles did not leave peacefully as did other tribes; along with fugitive slaves they resisted the removal. The Second Seminole War lasted from 1835 to 1842 and resulted in the forced removal of Seminoles, only a small amount to remain, and around 3,000 were killed amongst American soldiers and Seminoles.

In 1823 the Supreme Court handed down a decision, (Johnson V. McIntosh) which stated that Indians could occupy lands within the United States, but could not hold title to those lands.

Choctaw Trail of Tears After ceding nearly 11,000,000 acres (45,000 km2), the Choctaw emigrated in three stages: the first in the fall of 1831, the second in 1832 and the last in 1833. Nearly 15,000 Choctaws made the move to what would be called Indian Territory and then later Oklahoma. About 2,500 died along the Trail of Tears. The Sept 27, 1830 Treaty of Dancing Rabbit Creek was ratified by the U.S. Senate on February 25, 1831, and the President was anxious to make it a model of removal.

Sept 27, 1830 Treaty of Dancing Rabbit Creek, 14th Article, those Choctaw who choose to remain in Mississippi may do so by signing the said Treaty within six months after the ratification of the Treaty, only after promising to become United States Citizens within five years after signing and agreeing to remain in Mississippi under the 14th article Treaty stipulations. Then came the Choctaw Act Aug 23, 1842, Section 3: Only one half of promised Choctaw lands in Mississippi, the other half only after Choctaw removal west of the Mississippi. Then came the Congressional act Mar 3, 1845, entitled "An act making appropriations to provde for the current and contingent expenses of the Indian department and for fulfilling Treaty stipulations for the various Indian Tribes for the fiscal year, commencing July 1, 1845 ending June 30, 1846". Then came the Congressional act of Aug 3, 1846, Joint resolution to adjudicate those Choctaw cases left undetermined by the Secretary of war.

Based on: Sept 27, 1830 Treaty of Dancing Rabbit Creek, 14th Article:
Base on: Choctaw Act Aug 23, 1842, Section 3:
Based on: Congressional act Mar 3, 1845:
Based on: Congressional act of Aug 3, 1846:

Based on; 8779, Choctaw Scrip (5 Stat 513)~

Alabama, Choctaw Scrip 179
Arkansas, Choctaw Scrip 5036
MS, Choctaw Scrip 2238, MS Chickasaw Cession 4289
LA, Choctaw Scrip 1326
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Total, Choctaw Scrip> 8779
BLM, Springfield VA AND the NARA, National Archives Records Adm, Washington DC, These records dating back from 1831-1907, Choctaw reserves searching adjudication of their claims left undetermined by the Commissioners and the Secretary of War. Thousands of Choctaw land cases left undetermined were never settled or given final patent. Many of those case files after a hundred and seventy years are still there in NARA, for those researching Choctaw Scrip. Many Choctaw Scrip final patent certificates still lay in the NARA in boxes marked Choctaw Indian Patent Entries of Dancing Rabbit Creek, 1830.

Many Choctaw Scrip records were never picked up because of the time line between the signing of the Treaty and the actual final patent adjudication, some hundred and seventy years later.

Mississippi Choctaw Ceded Lands, 2,641,920 acres for $2000.00
Choctaw Act Aug 23, 1842, AND Mar 3, 1845, entitled, "An Act making appropriations for the current and contingent expenses of the Indian department, (5 Stat 513), Choctaw Scrip Certificates, issued in (4) states, one half in Mississippi, the other half West of the Mississippi.

MS, Choctaw Scrip, 2238 (5 Stat 513)
"Choctaw Scrip" (5 Stat 513), based on 2238, MS, certified "Choctaw Scrip" patents. These records are completely accurate and authenticated by the Dept of Interior, bureau of land Management, VA, http://www.glorecords.com./ Records include, Choctaw Scrip, Homestead, Chickasaw Treaty, Creek Treaty Land accessions, Cash Entries, Hotsprings Townsite Sal, Military Warrants, Public Land Donations. General Land office automated records, Dept of Interior, bureau of land Management, Washington DC, BAR, Bureau of Adm. Records, Washington DC.
*Ala
Choctaw Scrip 179
Homestead 59329
Cash Entries 268171
Creek Treaty 5901
*Ark
Choctaw Scrip 5036
Cash Entry Sales 133106
Homestead 93362
Hotsprings Townsite Sal, 1928
Military Warrants, 6716
Public Land Donations 1227
Although listed are many Indian names, an overwhelming majority are English Name entries, followed by the Title Authority number as listed in the format below. *Louisiana,
Title Auth # 250002- Private Land Sales , July 22, 1854, (10 Stat 306) Patent Distribution, 303
Title Auth, #253002 - Choctaw Scrip, Aug 23, 1842, (5 Stat 513) Patent Distribution, 1326

Title Auth, #251101- Homestead Entry, Orig..May 20, 1862, (12 Stat 392) Patent Distribution. 3122

Title Auth, #272002- Sales Cash Entries, Apr 24, 1820 (3 Stat 566) Patent Distribution. 93604 --
*MS. Choctaw Scrip 2238 (5 Stat 513) Chickasaw Cession 4289
Homesteads 34969 Cash Entries 184134
All Entries documented, and verified, Government Land office Springfield VA..

In Conclusion:
Indian Nation Treaties were based strictly on American Indian removal from their home lands. Taking of land and under the Constitutional fifth amendment speaks of taking of lands under "Eminent Domain".
Indian Treaties were under Treaty articles compliance forcing the American Indian to become United States citizens, which forced the American Indian to no longer be under tribal authority. Under tribal constitutional sovereignty the American Indian then becomes under two tribal authorities, yet under 83.7 (a) Dept of Interior OFA rules and regulations forces the American Indian to show evidence from the year 1900 as a tribe from historical times. Breaking of American Indian U.S. citizenship civil rights, "Lands held in trust by the dept of Interior," Indian lands that were ceded through Federal, Secretary of War, Commission of Indian Affairs, written promised Treaty compliance, that was never the origianal Treaty promised lands, but taken out of "Public Land Sales."

The Treaty of dancing Rabbit Creek was the most outspoken Congressional Treaty Violations in History. By Presidential Act of Congress it promised the Choctaw within six months after the signing of the Treaty to remain on their lands East of the mississippi. It promised the Choctaw under said treaty act to recieive their lands in "Fee simple" after relinquishing their tribal rights and become United States citizens within Five years of remaining on the land as U.S. Citizens: which in reality those treaty promises along with the Dawes Commission Act was never upheld,, through Acts of congress breaking all treaty promises within the Choctaw Treaty reversal act of Aug 23, 1842. removing the Mississippi Choctaw under said Choctaw act: "One half promised lands in Mississippi the half in the Indian territory west after removal upon which the Choctaw were then at the mercy of the Indian Territory 1896-1907 Dawes Commission."

Under Choctaw broken 1830 Treaty of Dancing Rabbit Creek stipulations of promised U.S. citizenship within five years of signing of the said Treaty, the Choctaw and the Indian Nations today still live under Federal rules and regulations based on Congressional Treaties that were in fact broken through Treaty amended Acts of Congress.

If the historical Congressional American Indian treaties would have been honored: the American Indian would have become U.S. Citizens within stipulated five years after signing of said Treaty, and the U.S. Citizenship rights of the American Indian today would have been historically written AND honored within supreme court descisions AND Congressionally upheld within legal application and legally honored by original aboriginal territory of the American Indian Treaty stipulations,, not only within the said 14th Article of Dancing Rabbit Creek: but also within ALL AMERICAN INDAIN TREATIES.

IRONICALLY: The Dept of Interior still bases their OFA rules and regulation on a Dawes Commission Fraudulent, Erroneous enrollment. Even though the American Indian now as forced U.S. citizens and as Treaty forced American Indians who have relinquished Tribal citizenship rights,, the Dept of Interior still bases their Tribal allotments and tribal annuities under Indian lands taken against the Native American Constitutional rights under "Eminent Domain"

Today the American Indian has Constitutional rights both as U.S. Citizens and as Separate Sovereign governments, yet the United States still bases their tribal applications, Dept of Interior tribal acknowledgment on Treaties dedicated, written for the only reason for ceding of Indian lands by the United States. Today the explanitive "Native American" is two fold, a two edged sword, written solely to politically break the treaty rights of the American Indian.

The True Indian researcher,, searching for true Indian heritage does not realize that searching within NARA National Archives Records Adm Washingtong DC and requesting help from the OFA Office of Federal Recognition Washington DC,, in reality is a federal conflict between two governments. One government tribal entity that was forced into a political tribal government through treaty compliance. Treaty compliance based on federal removal of the American Indian. Treaty compliance forcing by the Secretary of war, either concede their lands, and remove to the Indian territories or face federal eradication.

A separate sovereign tribal entity forced to rely on a government for their survival by relinquishing their tribal lands and put on federal reservations and now requesting federal intervention to survive on lands far awayy from their own.

Searching for Indian records that only verifies a federal trail marked with federal removal records of a people from their aboriginal Indian homelands. Each document, only verifying more and more within every federal Indian record search. Searching, finding, discovering a federal conclusion of a never ending federal Indian trails of the removal and eventual eradication of the American Indian.

Verifying within every historical Federal "CDIB" search of a tribal enrollment that's still based on a breaking of the American Indians civil rights. United States "Five Civilized Tribes" Creek liabilities based on a 1978 final class action suit regarding: Defendant: The United States not taking more precautions to prevent fraudulent, erroneous Dawes Commission Enrollment.

Takings Property Under Eminent Domain Clause
Amendment V:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

ALL NORTH AMERICAN INDIAN TRIBES ARE TODAY STILL UNDER NATIVE AMERICAN TREATY COMPLIANCE AND STILL BASED UNDER THE "CDIB" APPLICATION "CERTIFICATE OF INDIAN BLOOD DEGREE" DAWES COMMISSION ENROLLMENT:

"Five CivilizedTribes"1887DawesCommissionAct: FortyNinth-Congress ofthese UnitedStates ofAmerica.WashingtonD.C."Five Civilized Tribes" 1887 Dawes Commission Act: Transcript of Dawes Act (1887)Forty-Ninth Congress of the United States of America; At theSecond Session, Begun and held at the City of Washington on Monday, the sixth day of December, one thousand eight hundred and eight-six.

See; Dawes Comm: http://1887dawesactcommissiontamsbixbycbbrec.blogspot.com/

"DAWES COMMISSION EXPOSED"

Leo Pergson Chief Su-Quah-Natch-Ah Band Choctaw Nation Kemper/Carroll County Mississippi: