American Historical Ephemera and Early Photography, including The Larry Ness Collection of Native American Photography

Group of two documents: BIXBY, Tams (1855-1922). Typed letter secretarially signed ("Tams Bixby") as Commissioner in Charge, Department of the Interior, Commission to the Five Civilized Tribes. Addressed to "Mary Harris, Vinita, Indian Territory." Muskogee, Indian Territory, 11 August 1903. On "Department of the Interior, Commission to the Five Civilized Tribes" letterhead. 1p, 8 x 10 1/2 in. (creasing at folds, dampstaining, toning). -- Typed letter, a copy of the "Decision" of the Department of the Interior, Commission to the Five Civilized Tribes "In the matter of the application for the enrollment of May Harris, et. al., as Cherokee freedmen..." sent as "Enclosure C15" with the August 11 letter. 1p, approx. 8 x 12 in. (creasing at folds, dampstaining, toning). Both documents accompanied by separate "Department of the Interior, United States Indian Service" transmittal envelope postmarked 1906.

Bixby's letter of 11 August indicates that the Commission of the Five Civilized Tribes [the Dawes Commission] has decided in Mary Harris's favor, granting her "application for the enrollment of yourself and your three minor children, Irene, Olive, and Rheta Harris, as Cherokee Freedmen...." The letter then continues with a caveat, "You are hereby advised that the Cherokee nation protests against the action of the Commission in this case, a copy of which protest has been furnished to your attorney. The decision...has this day been transmitted to the Secretary of the Interior for his review and decision...." The accompanying "Decision" document provides an overview of the family members for whom an application was made for enrollment - a group that includes Mary, her three children, and seven others - and then provides the genealogical and historical background for the family members which constitutes the "evidence" for their enrollment as Cherokee Freedmen. The decision reads, in part: "The evidence shows that all the applicants herein are the descendants of John Curry and Charlotte Curry, both of whom were slaves of Cherokee citizens at the commencement of the rebellion...The evidence further shows that the said Joseph Curry and Mary Harris have resided in the Cherokee Nation continuously for more than twelve years immediately preceding the date of their applications herein; and that said minor children of Mary Harris have resided therein all their lives....It is therefore the opinion of the Commission that Mary Harris, Irene Harris, Olive Harris, Rheta Harris....should be enrolled as Cherokee freedmen...."

[With:] Bible, apparently descended in the family of Alpha Irene Harris, daughter of Mary Harris. Consignor relates that the Cherokee Freedmen papers were housed within the bible, along with an assortment of ephemera, including: a document certifying the marriage of Allan W. Pendley to Alpha I. Harris; programs related to musical performances at People’s Presbyterian Church and New Hope Baptist Church, featuring among other songs “Lift Every Voice and Sing” and performances by Mrs. (Alpha) Irene Pendley; and a small group of newspaper clippings among which was a notice of the “Will of the Late Mme. C.J. Walker.”

Mary Curry Harris (ca1865-1956) was the daughter of John Curry (ca 1844-?) and Charlotte Vann (ca 1846-?), and the wife of Nelson Harris (ca 1860-?). Nelson Harris appears to have been born in Louisiana, the son of a white overseer and an African American woman named Charity Phillips. Nelson and Mary Harris appear to have had three children. Mary and her three children, Irene (Alpha Irene), Olive, and Rheta do appear on the Dawes Rolls, 1898-1914, (Rolls No. 3439, 3440, 3441, and 3442 respectively). Though listed as “Cherokee Freedmen” on the Rolls, notes indicate that upon further review their claims were “Rejected – insufficient evidence for enrollment.”

The questions and legal battles concerning the establishment of Cherokee citizenship for Freedmen continued well into the next century while the Cherokee Nation fought these claims. As recently as 2021, the Cherokee Nation Supreme Court ruled that the tribal nation remove the phrase "by blood" from its constitution acknowledging that Cherokee Freedmen have the right to tribal citizenship.