https://www.oocities.org/heartland/cottage/5971/CherokeesVsDawsons.htmlFile with the Cherokee D-578, John Dawson, at al.
DEPARTMENT OF THE INTERIOR,
COMMISSION TO THE FIVE CIVILIZED TRIBES.
In the matter of the application of Francis M. Dawson, at al for enrollment as Cherokee citizens….
The evidence, and examination of the records of the Cherokee nation, in the possession of this Commission show that on January 11, 1883, one Robert Dawson and his adult children, F.M. Dawson, Elbert Dawson, Jasper Dawson, Mollie Dawson, Wilburn Dawson, James Dawson, Rial Dawson, Josephine Dawson, Joseph Dawson, Jane Dawson and John Dawson were admitted to citizenship in the Cherokee Nation by the Cherokee Commission on Citizenship, commonly known as the "Teehee Court", and that on September 09, 1884, one James Dawson, a brother of the Robert Dawson aforesaid, together with his adult children, Ella Dawson, W.A. Dawson, Malvina Dawson and Missouri Dawson were admitted to citizenship commonly known as the "Spears Court."
On September 24, 1881, an application was made to the Cherokee Commission on Citizenship known as the "Teehee Court" for admission to Cherokee citizenship of Robert Dawson and the members of his family above mentioned….
He further testifes that the Commission rendered a decision against the Dawsons and that next morning the Commission reopened the case, but not upon motion of the witness, and rendered a judgment admitting the Dawsons to citizenship. He further states that on his way home to Fort Gibson with Dawson he remarked to the latter, "it was a pretty hard blow when they rendered a decision against us," to which Dawson is alleged to have replied, "yes, but Duncan was the man to reach and he reached him with five hundred dollars."Dawson denies ever having had such a conversation and says that he did not return to Fort Gibson with Benge but went home to Arkansas by a different route.
C.H. Taylor testifies that he was an attorney in the case and was present when the case was decided. He says there were only two Commissioners present, Teehee and Wolfe. He further testifes that D.W.C. Duncan, the Clerk of the Court asked the witness to let him know when any large citizenship cases came up; that he introduced F.M. Dawson to Duncan on the evening of January 10th, heard part of a conversation between them in which Duncan addressing Dawson said, "there is a hitch in your evidence, if that was straightened out it will be all right."
Next morning witness says Dawson told him to call up the case, which he did. That there was no additional evidence introduced and no argument made, and that the case was then decided in favor of the Dawsons. Witness further testifies that Dawson gave him twenty dollars and said he would send him the balance in a short time, that in the course of ten days he sent him one hundred dollars with directions to pay over half of it to Duncan; that Dawson soon afterwards sent him another hundred dollars with the same instructions to give Duncan half of it.Dawson denied the matters testified to by Taylor excepting in the matter of paying Taylor money, which he admits in part, but says that the twenty dollars mentioned was sent to taylor about a year after the decision, and that he instructed taylor to pay it over to Duncan to pay for a land claim, and that the other money was in payment to J.M. Bryan's attorney fees which taylor represented to Duncan he had no collection against him. Taylor's reputation for truth and veracity has been impeached by various disinterested witnesses.
The evidence which may be considered as tending to support the charge of fraud is the testimony of S.H.Benge, C.H. Taylor, ThomasM. Babeart, J.L. Clinenbeard, James W. Lewis, C.G. Braught and David Meredith.
S.H.Benge testifies that a judgment adverse to the Dawsons was rendered by the Commission on the evening of one day and without any additional proceedings in the case that judgment was reversed on the morning of the next day….
Thomas B. Babeart testifies that the one James Dawson, a man of forty or fifty years of age, in company with Butler, the Commission's interpreter and Jim Smith, soliciton for the Nation, came to the witness in Tahlequah the evening of January 10, 1883, to borrow some money; that Dawson was vouched for by Butler as a responsible party and that Dawson told the witness that he had to have money that night, that his case was to be submitted the next day if he could get some money, that Smith had agreed to submit the case without evidence, and that the witness thereupon let Dawson have ten dollars.Admitting all this to be true and that the influence of these officals was purchased for the sum of ten dollars, the Commission fails to see how these alleged facts show that the Court was imposed upon or misled. Bribery of officals to use their influence with the Commission would not necessarily vitiate the judgment, but it must appear that the fraud, or corruption reached the members of the Commission and teinted the judgment itself. The case was not submitted without evidence as appears from the record, and it is shown that such evidence was carefully considered by that Commission. Furthermore, the evidence shows that there was so such person then in Tahlequah as the James Dawson described by witness.
Clickenbeard testifies that he had a talk with Elbert Dawson about 1881; that Dawson told him he had only one witness, Dr. Baker of Arkansas, "an old man 85 or 90 years old who did not know straight up" and that he could give Dr. Baker four drinks of Arkansas whiskey and he would swear black was white. Witness further testifies that Dawson told him that money was what made the mare go in Texas, and that he had found out that it goes here too.Assuming that this Commission can go into thequestion of perjury in conncetion with evidence in that case, the testimony of Clickenbeard establishes, if anything, only the facts stated, and does not prove that Dr. Baker committed perjury in giving his testimony before the Commission. Further, it is not clear that Dr. Baker was the only witness in the case. Benge stated that Tosh Rogers was a witness, Duncan is under that impression also, and T.F. Thompson, one of the Commissioners, states that he thinks there were three witnesses. The testimony of Dr. Baker, seems, however, to be the only testimony preserved of record. As to whether Doctor Baker offered perjured testimony by Dawson's procurement, it is proper to state that the evidence of W.H. Curtis and A.S. McKennon, witnesses for applicants, show that Doctor Baker was a man of integrity and was not addicted to drinking.
The testimony of James W. Lewis is to the effect that he had a conversation with F.M. Dawson about 1883, in which Dawson had told the witness that it had cost him seven hundred dollars to get his rights.
Draught also testifies that he was an applicant for citizenship about 1881 or 1882, and that while his case was pending he had a talk with F.M. Dawson who told him that if he (the witness) ever got in, it would cost him seven hundred dollars, and made arrangements with the Court to get the Dawsons in at one hundred dollars a family. David Meredith testifies that he had a talk with old James Dawson in 1886, and that the latter told the witness it cost him twelve hundred dollars to get his case through.It can hardly be urged that such evidence is sufficient to show that the emebers of the Teehee Commission were corrupted by the fraudulent use of money. So far as these witnesses have been able to testify the money spent by the Dawsons might have been for proper and legitimate purposes. F.M. Dawson gives a detailed statement of what the case cost him and his brother in a legitimate way. The presumption can not be indulged that such moneys were used for fraudulent purposes and the proof to the contrary must be very clear before this Commission will deny applicants the right to be enrolled upon that ground.
Admitting the truth of all the testimony in this case as to the actual transfer of money by the Dawsons, it appears that Duncan, Butler, and Smith were the only beneficiaries of that money. There is no evidence that the members of the Commission received or were offered any of it.
The judgment entered in the Commission's docket shows the signature of the three members of the Commission appended thereto. There is some conflict as to whether Duncan signed Thompson's name, or whether Thompson affixed his own signature. Duncan testified that all three signatures were made by him as Clerk under authority of the Commissioners present, the two full bloods being unable to sign their names. T.F. Thompson testifies that he signed the original transcript of the judgment, which was made on the day of its rendition. The question, however, is not considered to be very material. The signing og judgments by each Commissioner appears to have been a matter of custom only. T.F. Thompson testifies that he remembers the Dawson case and recognizes the judgment therein as the final judgment of the Commission, and that there was no fraud or corruption in the procurement of that judgment by the Dawson or by any one else so far as he knew.
Much evidence has been introduced by the Cherokee Nation for the purpose of showing that the ancestor, through whom the Dawsons claim, was not a Cherokee, and that other members of the Dawson family, claiming from the same source, have been denied Cherokee citizenship by subsequent Cherokee tribunals, and also by this Commission and by the United States Court. Such evidence, in the opinion of this Commission, is not competent for any purpose in this proceeding. The only question before this Commission is whether there was fraud in the procurement of the Robert Dawson judgment, and not whether the applicants are Cherokee Indians, or whether they ought to have been admitted to citizenship upon the proof submitted. These were the questions presented, considered and passed upon by the Teehee Commission. If their decision is a valid and regular judgment, it is binding on this Commission….
It is therefore, the opinion of this Commission that [disputed citizen and descendants]
should be enrolled as citizens by blood of the Cherokee Nation in accordance with the provisions of Section twenty-one of the Act of Congress approved June 28, 1898 (30 stats., 495), and that [disputed citizen and descendants]
, should be enrolled as citizens by intermarriage of the Cherokee Nation in accordance with the provisions of said Section twenty-one of the Act of Congress, and it is so ordered….
COMMISSION OF THE FIVE CIVILIZED TRIBES,
(Signed) TAMS BIXBY
Acting Chairman.
(Signed) T.B. NEEDLES,
Commissioner.
(Signed) C.R. BRECETINRIDGE,
Commissioner.
Dated at Muskogee, Ind. Ter.,
this December 23, 1902.
