Oliver Colbert, Son of his Chickasaw Father Zach

In 1898, Oliver Colbert appeared in front of the Dawes Commission to enroll, with his son, Robert. He identified his father and answered additional questions presented to him. He was then placed on the Freedman roll. But in 1906, knowing who he was, and knowing his father, he requested to be placed on the roll of Choctaws by blood. This request was based on the fact that his father was Zach Colbert, who was a recognized Choctaw.

National Archives, Ft. Worth Texas
Perry Files: File  #20, Image #1

Because he was 40 years old, Oliver was old enough to have been born before slaves were freed in the Choctaw Nation, before the Treaty of 1866. His name appears on Choctaw Freedman card #1202. His name was on the roll with his son Robert Colbert. The name of the slave holder is revealed on the front of the card.

National Archives Publication M1186

Choctaw Freedman Card #1202

Oliver Colbert's father is identified as Zack Colbert, the same person as the slave holder. And as was the case with many Freedmen with Indian fathers, in the column where the name of the Freedman father's slave holder was placed---in this case, simply the words "Chick. Ind." meaning that the father was not "owned" by anyone, because he was Indian. His mother was an enslaved woman Caldonia, and she also was enslaved by Zach Colbert--the father of her son.

(Reverse side of card)

In the interview his father's name was given, and it was asked, if his mother belonged to Zach--his father, and he said that she was indeed enslaved by him. Yet, in spite of this information, he was placed on the Freedman Roll.

National Archives Publication M1301

Source: same as above

It was pointed out that towards the end of the war, Oliver Colbert's mother was sold away to another party in Texas, and she remained in Texas for years afterward,  and did not return to the Territory. However Oliver Colbert did spend a majority of his years in the Choctaw Nation and was thus placed on the roll of Choctaw Freedmen.

Although some of the original interview was captured of Oliver Colbert, the old interview from this original Chickasaw file is included in his Choctaw file. It was evident that the commissioners preferred to summarize his information, carefully noting that Zach Colbert was only his slave holder, and ignoring the fact that Zach Colbert was his father.

National Archives Publication M1301

Clearly Oliver Colbert knew who he was and as a young boy, had a relationship with his father Zach Colbert, and lived with him for many years. However, this was clearly overlooked and the commission determined to keep Oliver from claiming his status as a Chickasaw by blood based on his father's status. 

A search was made and it was noted that Zachariah Colbert was a Chickasaw, but it was also stated that Oliver's name never appeared on any Chickasaw roll. That is true, because the Chickasaw Nation violated the treaty of 1866, and refused to make any former slaves, or children of former slaves citizens. So it was not possible for Oliver to have ever been enrolled, but they base their exclusion on the fact that those once enslaved were never given citizenship. So content with African Chickasaws when enslaved, and excluded once freed former slaves were continually excluded in case after case because they were never put on lists as "recognized" citizens---a status that was impossible during their lifetime. The focus was on his status as being enslaved, and not of his status as the son of a Chickasaw. 

The fact still remains that the descendants of Oliver Colbert can still speak to their history and their heritage, because their progenitor Oliver, was the son of his Chickasaw father.