MSCLAIBO-L Archives
Archiver > MSCLAIBO > 2004-12 > 1104440891
From: "Bob Foster" <>
Subject: Choctaw Fosters and others wishing to remain in Mississippi 1831
Date: Thu, 30 Dec 2004 16:08:11 -0500
The following was excerpted from a History of Bolivar County, Mississippi by Rosa Belle Shelby, p. 69-71.
In the 1830s an important lawsuit of long standing was pending in the courts of the State of Mississippi, between John Newman and Hugh Foster, a Choctaw Indian, each party claiming the right of possession to a large tract of land situated on "Indian Point."
(break)
The decision depended on the answer to two questions. The first was whether the Fosters were entitled to Indian privileges; and the second was whether an Indian might remove from land he had claimed under the Treaty of dancing rabbit before the five years required by the treaty perfecting the claim had elapsed, without forfeiting his claim by the removal.
The status of the case was this: Moses Foster, a white man, married an Indian woman; at that time they lived in Claiborne County. To the union there were nine children; among them were William and Hugh. Moses Foster was anxious that his children should have the privileges of citizenship; accordingly, in 1821, he secured from the legislature an act entitled "An act for the relief of the children of Moses Foster of Claiborne County." This act was to invest them with every right of American citizenship, provided they should each go into court and sign an instrument of writing divesting themselves of all Indian privileges. In 1826 they appeared in Claiborne County and fulfilled the requirements.
(break)
The Indians whose names are included in the following list had, before August 24, 1831, signified their desire to remain five years on their improvements and become citizens of the state. As the names of William and Hugh Foster were included in the list, it was introduced in the suit to prove that they were regarded as Indians and that they had testified before the locating agent, within the time stipulated by the treaty, their wish to become citizens.
List of Indians
John Moore - white man, Indian wife
Ik La Nab Me - Indian man
On a Tam Be - Indian man, white wife
O la ba Cher - Indian woman
Jack Jenkins - Indian man
Sam Cobb - Half-breed
James Pickens - Half-breed
Hartwell Hardaway - White man, Indian wife
Henry Garvin - White man, Indian wife
George Murphy - White man, Indian wife
Patrick Bylie - White man, Indian wife
William Crist - White man, Indian wife
Alexander Brashears - Indian half-breed
Bob Nancor - Half-breed
Arthur Kinner - Half-breed
Betsy Burns - Half-breed
Robert McGilvery - Half-breed man
John Walker - White man, Indian wife
Delilah Brashears - Half-breed woman
Zadoc Brashears - Half-breed man
Lenner Brashears - Half-breed man
Allan Stratton - White man, Indian wife
Adam James - Half-breed man
Rachel Brashears - Half-breed woman
Calvert Howell -White man, Indian woman
William Foster - Half-breed
Hugh Foster - Half-breed
Charles Buchanan - White man, Indian wife
Henry Johnson - White Man, Indian wife
O Te Ma Sha - Indian woman
Jim Tom - Half-breed man
O Ho You - Indian woman
Louis Briant - White Man, Indian wife
Henry Pelworth - White Man, Indian wife
John Jones - White Man, Indian wife
Jacob Daniels - White Man, Indian wife
Matthew Labush - White Man, Indian wife
Lenere Durant - Half-breed man
William Hall - Half-breed man
Betsy Penson - Half-breed woman
William Lightfoot - Half-breed man
Anthony Parish - White Man, Indian wife
Lewis Robinson - White Man, Indian wife
Lyman Collins - Indian man
Jack Tom - Half-breed man
Sophie Petiblen - Half-breed woman
Noah Wall - White Man, Indian wife
Susanna Graham - Half-breed woman
Ann V. Lewellyn - Half-breed woman
John McGilvery - Half-breed man
Little Leader - Indian man
Motah - Indian man
Eyta Tubba - Indian man
Hia Tubba - Indian man
Hia tubba - Indian man
On a tubba - Indian man
Aqua Ho To Nah - Indian man
Ta Sa Nah Sha - Indian woman
Ano Hua Tubba - Indian man
Sa Ta Ma - Indian man
Jannin Tubba - Indian man
Noah Ti Mah - Indian woman
Anola - Indian woman
Jophia - Indian woman
Fuer Tucha - Indian woman
No Nah No Na - Indian woman
The article continues. The outcome is that Hugh Foster and Newman appear to have settled out of court.
Has anyone on the Claiborne list come across the referenced act of 1821 regarding Moses Foster's children or the 1826 Claiborne court appearances of the same? Lacking that, does anyone know if these court records still exist? If so, I'll try to order the microfilms.
Bob Foster
Williamsburg, Va
This thread:
| Choctaw Fosters and others wishing to remain in Mississippi 1831 by "Bob Foster" <> |