Showing posts with label Native American. Show all posts
Showing posts with label Native American. Show all posts

Monday, June 20, 2011

Amanuensis Monday: Dawes Commission - Sophronia Cagle

Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

I continue my project to transcribe family letters, journals, newspaper articles, audiotapes, and other historical artifacts. Not only do the documents contain genealogical information, the words breathe life into kin - some I never met - others I see a time in their life before I knew them.

I began this project back in February of 2009, and since then, many others have joined in on the meme.  Why do we transcribe?  I provide my three reasons in the linked post.  You may find others.  If you participate, feel free to leave a link to your post in the comments.

***

This week, I continue with the application my maternal grandmother's aunts, uncles, and cousins made in 1900 to the Dawes Commission to be accepted as Mississippi Choctaws. Previously I have transcribed the testimony given by
  1. Samuel T Hartley – Nov 21, 1900 (Brother of my great great grandmother, Sarah Hartley Denyer Foster)
  2. Melvin Elijah Van Every – Nov 21, 1900 (My great grandfather)
  3. Samuel W Denyer - Nov 21, 1900 (Brother of my great grandmother, Margaret Denyer Van Every)
  4. Eliza Caroline Foster Reeves – Nov 26, 1900 (Half-sister of my great grandmother)
  5. Georgia Hartley Phillips – June 17, 1902 (Daughter of Samuel T Hartley)
  6. Samuel T Hartley – June 17, 1902 
and the ultimate decision - July 11, 1902  (A rejection.)

Below is the testimony given by Sophronia Hartley Cagle, another daughter of Samuel T Hartley.

Monday, June 13, 2011

Amanuensis Monday: Dawes Commission - Samuel W Denyer

Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

I continue my project to transcribe family letters, journals, newspaper articles, audiotapes, and other historical artifacts. Not only do the documents contain genealogical information, the words breathe life into kin - some I never met - others I see a time in their life before I knew them.

I began this project back in February of 2009, and since then, many others have joined in on the meme.  Why do we transcribe?  I provide my three reasons in the linked post.  You may find others.  If you participate, feel free to leave a link to your post in the comments.

***

This week, I return to the application my maternal grandmother's aunts, uncles, and cousins made in 1900 to the Dawes Commission to be accepted as Mississippi Choctaws. Previously I have transcribed the testimony given by
  1. Samuel T Hartley – Nov 21, 1900 (Brother of my great great grandmother, Sarah Hartley Denyer Foster)
  2. Melvin Elijah Van Every – Nov 21, 1900 (my great grandfather)
  3. Eliza Caroline Foster Reeves – Nov 26, 1900 (Half-sister of my great grandmother, Margaret Denyer Van Every)
  4. Georgia Hartley Phillips – June 17, 1902 (Daughter of Samuel Hartley)
  5. Samuel T Hartley – June 17, 1902 
and the ultimate decision - July 11, 1902  (A rejection.)

Below is the testimony given by Samuel William Denyer, brother to my great grandmother, Margaret Denyer Van Every.

Friday, July 10, 2009

Respect for the Dead

In Oxford, Alabama a 1500 year old Indian mound (likely a burial mound) is being destroyed and replaced by a Sam's Club.

Four employees at a cemetery outside Chicago are accused of digging up bodies and reselling plots at a historic black cemetery.

In positive news, the Osage Tribe may purchase an ancestral mound in the St. Louis area

Friday, June 26, 2009

Poetry: The Mounds of Cahokia - Micah P Flint

Last Friday I posted the classic poem by Longfellow, The Jewish Cemetery at Newport. I commented that Longfellow's concern for a 'dead race' amused me. Here's a poem by someone not nearly as well-known as Longfellow. He, too, visiting a burial site, remarks on what he considers a dead race.

The Mounds of Cahokia

by Micah P. Flint (1807-1830)

The sun's last rays were falling from the West,
The deepening shades stole slowly o'er the plain,
The evening breeze had lulled itself to rest:
And all was silent, save the mournful strain
With which the widowed turtle wooed in vain
Her absent lover to her lonely nest.

Now, one by one, emerging to the sight,
The brighter stars assumed their seats on high,
The moon's pale crescent glowed serenely bright,
As the last twilight fled along the sky,
And all her train in cloudless majesty
Were glittering on the dark, blue vault of night.

I lingered, by some soft enchantment bound,
And gazed, enraptured, on the lovely scene.
From the dark summit of an Indian mound
I saw the plain, outspread in softened green,
Its fringe of hoary cliffs, by moonlight sheen,
And the dark line of forest, sweeping round.

I saw the lesser mounds which round me rose,
Each was a giant mass of slumbering clay.
There slept the warriors, women, friends and foes.
There, side by side, the rival chieftains lay;
And mighty tribes, swept from the face of day,
Forgot their wars, and found a long repose.

Ye mouldering relics of departed years!
Your names have perished; not a trace remains,
Save, where the grass-grown mound its summit rears
From the green bosom of your native plains.
Say! Do your spirits wear oblivion's chains?
Did death forever quench your hopes and fears?

Or live they, shrined in some congenial form?
What if the swan, who leaves her summer nest
Among the northern lakes, and mounts the storm,
To wing her rapid flight to climes more blest,
Should hover o'er the very spot where rest
The crumbling bones once with her spirit warm.

What if the song, so soft, so sweet, so clear,
Whose music fell so gently from on high,
In tones aerial, thrilling my rapt ear;
Though not a speck was on the cloudless sky,
Were their own soft funereal melody,
While lingering o'er the scenes that once were dear?

Or did those fairy hopes of future bliss,
Which simple Nature to your bosoms gave
Find other worlds with fairer skies than this,
Beyond the gloomy portals of the grave,
In whose bright bowers the virtuous and the brave
Rest from their toils, and all their cares dismiss?

Where the great hunter still pursues the chase,
And o'er the sunny mountains tracks the deer,
Or finds again each long-extinguished race,
And sees once more the mighty mammoth rear
The giant form which lies embedded here,
Of other years the sole remaining trace.

Or it may be that still ye linger near
The sleeping ashes, once your dearest pride;
And, could your forms to mortal eye appear,
Could the dark veil of death be thrown aside,
Then might I see your restless shadows glide,
With watchful care, around these relics dear.

If so, forgive the rude, unhallowed feet,
Which trode so thoughtless o'er your mighty dead.
I would not thus profane their low retreat,
Nor trample where the sleeping warrior's head
Lay pillowed on its everlasting bed,
Age after age, still sunk in slumbers sweet.

Farewell; and may you still in peace repost.
Still o'er you may the flowers, untrodden, bloom,
And gently wave to every wind that blows,
Breathing their fragrance o'er each lonely tomb,
Where, earthward mouldering, in the same dark womb,
Ye mingle with the dust, from whence ye rose.
MICAH P. FLINT, son of Timothy Flint, who rendered eminent service in the cultivation and encouragement of literature in the Mississippi valley, was born in Lurenberg, Massachusetts, about the year 1807. While Micah was yet a boy, his father selected the west as a field for missionary labor, and the young poet received his education, with his father for tutor, at St. Louis, New Madrid, New Orleans, and Alexandria, Mississippi, to which places Rev. Mr. Flint's engagements as a missionary successively called him. When failing health finally required his father to suspend his labors as a minister, Micah studied law and was admitted to the bar at Alexandria, but was not permitted to become known as a lawyer. His first published poem was on a mound that stood near a farm-house in Cahokia prairie, Illinois, to which for a few months, when his health required a respite from severe labors, his father took the family. -- William Turner Coggeshall, The Poets and Poetry of the West: With Biographical and Critical Notices 55-56 (Columbus, Ohio: Follett, Foster and Company, 1860)
'Not permitted to become known as a lawyer' is a 19th century euphemism. Micah died at age 23. He had one collection of poetry: The Hunter and Other Poems.

The Cahokia Mounds are immediately across the Mississippi river from St. Louis, Missouri. Mounds were built on both sides of the river, and a recent article in the St. Louis Post Dispatch talked of efforts to preserve Sugar Loaf Mound. The Osage tribe believes the mounds were built by their ancestors.

Monday, February 23, 2009

Amanuensis Monday: Dawes Commission - Samuel Tillman Hartley - 1902

I continue transcribing the testimony given in front of The Dawes Commission by Hartley kin in 1902. Continuing from where the last post left off, Georgia Phillips was excused as a witness, and her father Samuel Tillman Hartley was called to testify.

Samuel T. Hartley called as a witness after being first duly sworn testifies as follows

Examination by the Commission

Q. What is your name? A. Samuel T. Hartley.
Q. What is your age? A. I am going on seventy-three.
Q. What is your post office address? A. Caney, Indian Territory.
Q. What is your occupation? A. Farming.
Q. Where were you born? A. In Mississippi, in Choctaw County.
Q. Are you an applicant before the Commission to be identified as a Mississippi Choctaw? A. Yes, sir; I have been here.
Q. Made application to be identified as a Mississippi Choctaw? A. Yes, sir.
Q. As Samuel T. Hartley? A. Yes, sir.

The case of Samuel T. Hartley M.C.R. 1050, is here referred to as the application made by this witness for identification as a Mississippi Choctaw.

Q. Are you acquainted with Georgia Phillips? A. Yes, sir.
Q. What relation to you? A. My child.
Q. Your daughter? A. Yes, sir.
Q. Do you want to testify now in reference to her application made today? A. Yes, sir.

Examination by attorney B.S. Johnson

Q. How much Indian blood do you claim? A. I have been claiming about three-quarters.
Q. What was your father’s name? A. George W. Hartley.
Q. Is he the part you claim through or your mother? A. My father.
Q. How much Indian blood did he have? A. He was a half.
Q. What was his wife’s name? A. Eliza.
Q. How much Indian blood did she have? A. She had one-half.
Q. You claim three-quarters? A. Yes, sir.
Q. What tribe of Indians did he belong to? A. Choctaw.
Q. What Choctaws? A. Mississippi Choctaws.
Q. When was you born? A. In 1830. March 14, in 1830.
Q. In 1830? A. Yes, sir.
Q. You know anything about the treaty of 1830 made at Dancing Rabbit Creek between the Indians and the United States government by which the Indians were removed to the Indian Territory; some of them? A. I don’t recollect it.
Q. Have you heard of it? A. Yes; I heard of it.
Q. How long did you remain in Mississippi after 1830; how old were you when you left there? A. Five years old.
Q. Where did your father move to? A. To Arkansas.
Q. In what year? A. He came there…let me see…thirty-five.
Q. Did he own any land or property of any description priot to 1830 that you know of? A. Not that I know of sir.
Q. Did he ever apply to William Ward, Indian Agent, or any one else for the purpose of taking land and remaining in Mississippi? A. No, not that I know of.
Q. Did he ever receive any scrip under which he located land in any of the public lands in Tennessee, Alabama, Mississippi, or any of these states for public lands subsequent to 1830? A. Not that I know of.
Q. Did he ever own any land in these states? A. I don’t know of any.
Q. Where did he die? A. In Arkansas, in Little Rock.
Q. Ever own any land in Little Rock, Arkansas or any where else? A. No, sir.
Q. Not that you know of? A. Not that I know of.
Q. Could he talk the Choctaw language? A. Yes, sir.
Q. He could speak it? A. Yes, sir.
Q. Ever hear him converse with members of the tribe? A. Yes; I did; I remember it just like a dream. I use to speak it myself.
Q. How old were you when he died? A. I was near five years old.
Q. Did your mother succeed him? A. Yes, sir.
Q. Did your father or mother or any other old person who is now dead tell you that you had Indian blood or did they ever tell you anything about your Indian blood? A. My mother told me many times.
Q. What did she tell you? A. She said my father was half Choctaw and that she was half Choctaw and half Cherokee.
Q. She was half Choctaw and half Cherokee? A. Yes, sir.
Q. And your father was a Choctaw? A. Yes father was a Choctaw.
Q. Did she ever tell you of her wish or he or both of them of coming to the West and taking land here? A. No, sir.
Q. Ever claim that she had any right here in the Territory or anywhere else? A. Not that I know of.
Q. Was she ashamed of her Choctaw blood? A. Not that I know of.
Q. Did she ever tell you not to claim it? A. No, sir.

By the Commission:

Q. You claim how much Choctaw blood? A. I guess I am about three-eighths.
Q. You claimed three-quarters little while ago? A. I claim about three-eighths.
Q. What did you mean when you said you claimed three-quarters? A. I mean the Cherokee blood.
Q. You don’t mean three-quarters Choctaw? A. No, sir; not three-quarters Choctaw.
Q. Don’t you know that it is very essential for you to know what you claim? A. I know it is.
Q. I want you to know? A. I will know if I can.
Q. You don’t claim three-quarters Choctaw blood? A. No, I don’t.
Q. How much do you claim? A. I suppose one-quarter.
Q. You said three-eighths a little while ago? A. I was speaking about my mother.
Q. Why don’t you think about this. Now you look here; you can’t take things back. If you say three-quarters, three-eighths and than one-fourth, you have done one of two things; you have committed perjury or else you don’t know what you are talking about? A. I reckon likely I don’t know what I am talking about.
Q. You look like a white man; you don’t look like an Indian? A. I guess my father was a Choctaw.
Q. How do you known you are a Choctaw? A. I have always heard; I have heard my mother say; I claimed it the way it came from my mother and father both I had three-quarters.
Q. You are testifying now in reference to your daughter’s application; your daughter’s name is Georgia Phillips; she says that she claims three-quarters Choctaw blood because you claim three-quarters; now do you claim three-quarters? A. I would have to bring claim three-quarters if I bring in my Cherokee blood.
Q. If you brought in your Cherokee blood? A. Yes, sir.
Q. I don’t want you to bring in your Cherokee blood? A. It would be one-quarter.
Q. That is what you claimed when you came before the Commission? A. Yes, sir.
Q. How do you know you have one-quarter Choctaw blood? A. What my mother as told me and my witness that knowed me.
Q. Did any of your Choctaw ancestors comply with article fourteen of the treaty of 1830? A. No, sir. I don’t know.
Q. Do you know anything about article fourteen of that treaty? A. No, sir; I don’t.
Q. Do you know anything about the treaty of 1830? A. I don’t know sir.
Q. Do you know anything about Colonel William Ward the United States Indian Agent? A. No, sir; I don’t.
Q. Do you know when the treaty of 1830 was signed? A. No, sir.
Q. Do you know when it was ratified? A. No, sir; I don’t.
Q. Do you know whether the Mississippi Choctaw Indians who stayed in Mississippi after the treaty of 1830 was ratified were required to go before the United States Indian Agent and register under him or not within six months after the treaty was ratified? A. No, sir; I don’t know it; I was small then.
Q. How old are you now? A. I am going on seventy-three.
Q. Where were you born? A. Mississippi Choctaw County.
Q. You never heard anything about that treaty? A. No, sir; I have no education at all.

Witness excused...

G. Rosenwinkel being duly sworn on his oath states that as stenographer to the Commission to the Five Civilized Tribes he reported in full all the proceedings had in the above entitled cause on June 17, 1902, and that the above and foregoing is a full, true and correct transcript of his stenographic notes in said cause on said date of June 1902.

[Signature of G. Rosenwinkel]

Subscribed and sworn to before me this 12 day of July 1902.

[Signature of Guy L. Emerson]
Notary Public.


Emphasis of questions added to increase readability

He does seem relatively consistent on what his parents claimed. When he drops his response for himself from three-fourths (Indian blood) to one-fourth (Choctaw blood), he should have dropped it to one-half. But it appears he was focusing on his father being one-half, and forgot to include his mother's half in the equation as well.

I find these testimonies fascinating - beyond a source of names and dates of ancestral cousins. Several times the Commission points out that no one in the family 'looks' Native American. It occurs to me that George W. Hartley died when his children were young, and their knowledge of him would come almost entirely from their mother. She might have claimed he was half-Choctaw when he was actually less than that. She appears to have claimed to be all Native American though, half Choctaw and half Cherokee. Apparently those who testified didn't inherit those genes. I don't have a photograph of my second great grandmother Sarah Hartley Denyer, who died in 1898, and didn't get a chance to testify. I have no idea what she looked like.

Amanuensis Monday: Dawes Commission - Georgia Phillips

Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Last week I posted the Dawes Commission testimonies of Samuel Tillman Hartley, Melvin Elijah Van Every (for his wife Margaret Jane Denyer) and Eliza Caroline Reeves from November of 1900.

There were eight related testimonies in November of 1900, but the other five didn't present new information (beyond the names and ages of the children of those testifying).

In 1902 Samuel T Hartley returned with another daughter. In October I mentioned the difficulty they had with fractions. While both of these testimonies appear in the case file of the daughter, Georgia Phillips, I will separate them into two posts.

Excerpt:
Q. Do you claim under article fourteen of the treaty of 1830? A. Yes, sir.
Q. Do you understand that article? A. No, sir.

That one word, 'No,' had a wonderful result. The Commission began to explain it to her. Sure, there are places online to look it up, but below it appears in their words.


Department of the Interior
Commission to the Five Civilized Tribes.
Muskogee, I.T. June 17, 1902.

In the matter of the application for identification as Mississippi Choctaws of Georgia Phillips, for herself and her two minor children, Hester and Raby Phillips.

B.S. Johnson, attorney for applicants.

Georgia Phillips being first duly sworn testifies as follows:

Examination by the Commission

Q. What is your name? A. Georgia Phillips.
Q. What is your age? A. Thirty-three.
Q. What is your post office? A. Caney.
Q. Indian Territory? A. Yes, sir.
Q. How long have you lived at Caney? A. About two months I reckon.
Q. Where did you live before this? A. In Eastern Texas.
Q. Where were you born? A. In Texas.
Q. Always lived in Texas until you came to the Territory? A. Yes, sir.
Q. Where did you live in Texas most of the time? A. In San Saba County.
Q. Is your father living? A. Yes, sir.
Q. Is your mother living? A. No, sir.
Q. What is your father’s name? A. Sam Hartley.
Q. What was your mother’s name? A. Margaret Ralls.
Q. That was her maiden name? A. Yes, sir.
Q. Her name is Hartley now? A. Yes, sir.
Q. You claim through which parent father or mother? A. My father.
Q. How much Choctaw blood do you claim? A. My father claims to be three-quarters.
Q. You claim how much; would you be one-half of that or three-eighths? A. Yes, sir.
Q. You claim three-eights then? A. He claims three-quarters.
Q. Three-eights is one-half of three-quarters you think, is that right? A. Yes, sir.
Q. Has your father ever been recognized in any way or enrolled as a member of the Choctaw tribe of Indians by the Choctaw tribal authorities or the United States authorities in Indian Territory? A. Yes, sir.
Q. Has he been made an Indian? A. Yes, a year ago last ---

By Mr. Johnson:

Q. You mean he applied a year ago? A. Yes; he just applied.
Q. He has never been enrolled? A. No, sir.

By the Commission:

Q. He made application to be identified as a Mississippi Choctaw a year ago; did he not? A. Yes, sir.
Q. Have you proof of the marriage of your father and mother with you now? A. No, sir.
Q. You know whether it has been filed in the case of your father Sam Hartley, to be identified as a Mississippi Choctaw? A. Yes, sir.
Q. It has been filed in your father’s application? A. Yes, sir.
Q. Now would you like to refer to the application made by your father Sam Hartley and the records made in that case have it made a part of your own application? A. Yes, sir.
Q. Samuel T. Hartley is what relation to you? A. My father.
Q. Robert H. Hartley is what relation? A. My brother.
Q. Virginia Schultz? A. My sister.
Q. Sophronia Cagle? A. My sister.
Q. Caroline Taylor? A. My sister.
Q. Maggie J Van? A. My Cousin. [ed. Van Every]
Q. Samuel W. Denyer? A. Cousin.
Q. Elijah Reeeves? A. Cousin. [ed. Eliza]
Q. These have all made application have they not to be identified as Mississippi Choctaws? A. Yes, sir.

Reference is here made in this application made by Georgia Phillips to M.C.R. 1050, being the application of her father Samuel T. Hartley, et al., and in which reference is made to the above cases.

Q. Are you married? A. Yes, sir.
Q. What is your husband’s name? A. Miles Phillips.
Q. Is he living? A. Yes, sir.
Q. Is he a white man or Indian? A. White man, American.
Q. You make no claim for him? A. No, sir.
Q. Have you any minor children you want to make application for? A. I have two.
Q. What is the name of the oldest? A. Hester.
Q. Hester Phillips? A. Yes, sir.
Q. How old is Hester? A. Twelve years old.
Q. What is the name of the next? A. Raby.
Q. R-a-b-y? A. Yes, sir.
Q. Boy? A. Yes, sir.
Q. How old is Raby? A. Five years old.
Q. Is that all the children you have? A. Yes, sir.
Q. Is your name or the names of your children on any of the tribal rolls of the Choctaw Nation in Indian Territory? A. No, sir.
Q. Is Miles Phillips the father of these two children? A. Yes, sir.
Q. Are you the mother? A. Yes, sir.
Q. Are you and your husband living together at your home? A. Yes, sir.
Q. Have you or your husband ever been married before you married each other? A. No, sir.
Q. Have you ever made application for citizenship in the Choctaw Nation to the Choctaw tribal authorities in Indian Territory for yourself and children? A. No, sir.
Q. Have you ever made application for citizenship in the Choctaw Nation for yourself and children to the Commission to the Five Civilized Tribes under the act of Congress of June 10, 1896? A. No, sir.
Q. Have you ever before this time made application for citizenship in the Choctaw Nation for yourself and children by going before either the Choctaw tribal authorities or the United States authorities in Indian Territory? A. No, sir.
Q. Have you ever been admitted to citizenship with your children, in the Choctaw Nation by either the Choctaw tribal authorities, the Commission to the Five Civilized Tribes, or the United States Court in Indian Territory? A. No, sir.
Q. Do you now come before the Commission to identify yourself and your children as Mississippi Choctaws? A. Yes, sir.
Q. Do you claim under article fourteen of the treaty of 1830? A. Yes, sir.
Q. Do you understand that article? A. No, sir.

The treaty of 1830 was made between the United States government and the Choctaw Indians at a place in Mississippi called Dancing Rabbit Creek. It was made between the United States government and the Choctaw Indians on the 27th day of September 1830 for the purpose of effecting the removal, as far as practicable, of all the Choctaw Indians, who lived in the old Choctaw Nation, East of the Mississippi River, to the Choctaw Nation, Indian Territory. Before the treaty was signed it became known that a good many Choctaw Indians would not go to the Choctaw Nation, Indian Territory under the treat with the other Indians, and in order to protect the interest of those Indians who stayed back there in the old Choctaw Nation article fourteen was put into the treaty. The treaty was then signed and afterwards on the 24th day of February 1831 it was ratified. Article fourteen reads, as follows:

“Each Choctaw head of a family being desirous to remain and become a citizen of the States, shall be permitted to do so, by signifying his intention to the Agent within six months from the ratification of this treaty and he or she shall thereupon be entitled to a reservation of one section of six hundred and forty acres of land to be bounded by sectional lines of survey; in like manner shall be entitled to one-half that quantity for each unmarried child which is living with him over ten years of age to adjoin the location of the parent. If they reside upon said lands intending to become citizens of the States for five years after the ratification of this treaty in that case a grant in fee simple shall issue; said reservation shall include the present improvement of the head of the family or a portion of it. Persons who claim under this article shall not lose the privilege of a Choctaw citizen but if they ever remove are not to be entitled to any portion of the Choctaw annuity.”

Q. You understand that don’t you? A. Yes, sir.
Q. What is the name of the ancestor through whom you claim your right to be identified as a Mississippi Choctaw; whom do you claim through? A. George W. Hartley.
Q. What relation was he to you? A. Grandfather.
Q. How much Choctaw blood did he have? A. I don’t know.
Q. Did he live in the old Choctaw Nation in Mississippi or Alabama? A. Yes, sir.
Q. Where did he live? A. I can’t tell you only what I have been taught by my parents.
Q. Have you been taught that he lived in Mississippi or Alabama? A. Mississippi.
Q. In 1830? A. I don’t know.
Q. That is seventy-two years ago; don’t you know? A. No, sir.
Q. Can you give me the name of any Choctaw ancestor who did live in Mississippi or Alabama in the old Choctaw Nation in the year 1830 and was the head of a family there then? A. No, sir; I don’t know a great deal only what I have been taught.
Q. What have you been taught about your Choctaw ancestors? A. I have been taught I had Indian blood.
Q. How much Indian Choctaw blood have you been taught you had? A. I can’t understand and explain anything.
Q. You can’t understand what relation George W. Hartley is to you?

By Mr. Johnson:

Q. How much Indian blood did George W. Hartley have; one-half or one-fourth? A. One-fourth.
Q. Then your father would have one-half of that or one-eighth; aint that right? A. Yes, sir; that is right.
Q. What would you have then if your father had one-eighth; you would have one-half of that or one-sixteenth? A. Yes, sir.

By the Commission:

Q. You claim one-sixteenth? A. Yes, sir.
Q. Well a while ago you claimed three-eighths? A. I can’t remember anything.

By Mr. Johnson:

Q. Your grandfather had one-half; did your grandmother have any? A. Yes, sir.
Q. How much one-fourth or one-half? A. I don’t know what she was.

By the Commission:

Q. A little while ago you claimed three-eighth; now you claim one-sixteenth; do you really know how much you do claim? A. No, sir; I reckon not, if my father claims three-quarters – I told you I don’t know. My father claims three-quarters.

By Mr. Johnson:

Q. You claim one-sixteenth or more; you don’t know? A. No, sir; I don’t.

By the Commission:

Q. Did any of your Choctaw ancestors own any land or claim any in Mississippi or Alabama under article fourteen of the treaty of 1830? A. I don’t know.
Q. Did any of your Choctaw ancestors within six months from the ratification of the treaty of 1830 go to the United States Indian Agent Colonel Ward and tell him they wanted to stay in Mississippi, take land there and become citizens of the States? A. I don’t know.
Q. Did any of your Choctaw ancestors own any improvements or claim any in Mississippi or Alabama in the old Choctaw nation in the year 1830? A. I can’t tell you; I don’t know.
Q. Did any of your Choctaw ancestors go from that old Choctaw Nation East of the Mississippi River to the Choctaw Nation Indian Territory with the other Indians between 1834 and 1838 or forty? A. I don’t know.

In 1837 under an act of Congress approved March 3rd of that year and in 1842 under an act of Congress approved August 23rd of that year two Commissions were appointed to go to Mississippi and her claimants under article fourteen of the treaty of 1830. The reason why these two Commissions were appointed was because of the complaints of many Choctaw Indians who stayed back there in the old Choctaw Nation in Mississippi and Alabama after the treaty of 1830 was ratified who refused to go to the Choctaw Nation, Indian Territory. Now these Indians were required, if they wanted to take advantage of the provisions of article fourteen of that treaty, to go to the United States Indian Agent, whose name was Colonel Ward and tell him they wanted to stay in Mississippi, take land there and become citizens of the States. A great many Choctaw Indians did this who names Colonel Ward failed to register upon his list known as Ward’s register,. His neglect to do so caused a good any Indians who had land in the old Choctaw Nation upon which they had improvements to lose both; both the land and the improvements were taken from them and sold at its public land sales. This caused so many complaints among the Choctaw Indians that these two Commissions were appointed.

Q. Do you know whether any of your Choctaw ancestors went before either of these two Commissions and claimed benefits as Choctaw Indians under that article of that treaty? A. No, sir; I don’t know.
Q. Did any of your Choctaw ancestors receive any scrip from the government or certificates as we would call them now, which scrip entitled them to select land either in Mississippi, Alabama, Louisiana, or Arkansas? A. I don’t know.

This scrip was issued under the act of Congress of August 23rd, 1842, and was issued to those Indians who proved their claims under article fourteen of the treaty of 1830 and also proved that they had land in the old Choctaw nation which the government had taken from them and sold at its public land sales.

Q. Do you speak the Choctaw language? A. No, sir.
Q. Have you any evidence you want to introduce now in support of this claim? A. None except my father.
Q. You want to introduce your father as a witness in this case? A. Yes, sir.
Q. Except his testimony, have you any evidence you want to present? A. No, sir.
Q. Would you like until the first of July in which to present other testimony? A. Yes, sir.

This applicant will have until July first, 1902, in which to present other testimony in support of this application.

This applicant has the appearance and physical characteristics of being descended from white parentage. Brown hair; blue eyes; medium fair complexion, and somewhat tanned from the sun. She has no knowledge of the Choctaw language and no knowledge of compliance on the part of his ancestors with any of the provisions of article fourteen of the treaty of 1830

Witness excused…

Monday, February 16, 2009

Amanuensis Monday: Dawes Commission - Eliza Caroline Reeves

Below is the testimony of Eliza Caroline (Foster) Reeves, the daughter of Sarah Ann Hartley and her second husband, George Foster. She was the half-sister of Margaret Jane (Denyer) Van Every.

Department of the Interior.
Commission to the Five Civilized Tribes.
Muskogee, I.T. November 26, 1900.

In the matter of the application of Eliza C. Reeves for the identification of herself and her three minor children as Mississippi Choctaws.

The said Eliza C. Reeves, being duly sworn, was examined by the Commission, and testified as follows:

Q. What is your name? A. Eliza C. Reeves.
Q. What is your age? A. Twenty-six.
Q. What is your post office address? A. Lytton Springs, Caldwell County, Texas.
Q. Are you a resident of the State of Texas? A. Yes, sir.
Q. How long have you live in Texas? A. I was born and raised in Texas.
Q. You never maintained a residence anywhere else? A. No, sir.
Q. How much Choctaw blood do you claim? A. One eighth.
Q. What is your father’s name? A. George Foster.
Q. Is your father living? A. Yes, sir.
Q. What is your mother’s name? A. Sarah Ann Foster.
Q. Is she living? A. No, sir.
Q. Through which one of your parents do you claim your Choctaw blood? A. My mother.
Q. Was your mother’s name ever on any of the tribal rolls of the Choctaw Nation? A. No, sir.
Q. Was your mother ever recognized as a citizen of the Choctaw Nation by the tribal authorities of the Choctaw Nation? A. No, sir.
Q. Did you ever make application to the Choctaw tribal authorities for citizenship in the Choctaw Nation? A. No, sir.
Q. Have you ever been recognized by the Choctaw tribal authorities by any official act of their National council as a citizen of the Choctaw Nation? A. No, sir; I never was.
Q. Did you, or did any one in your behalf, in 1896, make application to this commission for citizenship in the Choctaw nation under the Act of Congress of June 10th, 1896? A. No, sir.
Q. Have you ever been admitted to citizenship in the Choctaw Nation by a judgment of the United States Courts in the Indian Territory on appeal from the decision of the Choctaw tribal authorities or the decision of this Commission? A. No, sir.
Q. Have you ever prior to this time made any application to either the Choctaw tribal authorities or to the authorities of the United States for either citizenship or enrollment as a Choctaw? A. No, sir.
Q. This is your first application of any description? A. Yes, sir.
Q. You are now making application for identification as a Mississippi Choctaw? A. Yes, sir.
Q. Why do you believe you are entitled to be identified by this Commission as a Choctaw Indian entitled to rights in the Choctaw lands under the provisions of the 14th article of the treaty of 1830? A. Well, I was taught it on my mother’s side.
Q. You were taught you were entitled to benefits under the 14th article of the treaty of 1830? A. Yes, sir.
Q. You are making your claim solely under the provisions of the treaty of 1830? A. Yes, sir.
Q. Did any of your ancestors ever comply with the provisions of the 14th article of the treaty of 1830? A. No, sir.
Q. What was the name of your ancestor or ancestors who were recognized members of the Choctaw tribe of Indians in Mississippi in 1830 at the time the treaty was entered in to between the United States and the Choctaw Indians? A. George W. Hartley.
Q. What relation was he to you? A. My grandfather.
Q. You are a direct lineal descendant of his? A. Yes, sir.
Q. Have you any evidence of the fact that he was a recognized member of the Choctaw tribe of Indians in Mississippi in 1830? A. No, sir.
Q. What do you know about George W. Hartley’s residence in Mississippi and recognition as a Choctaw Indian? A. I don’t know anything.
Q. Do you know when he left Mississippi? A. No, sir.
Q. Do you know whether he died there? A. Yes, sir; I believe he did. I don’t know for certain.
Q. When did your mother leave Mississippi? A. She left when she was a child.
Q. How old would she be if she were living now? A. She was sixty-six when she died. She has been dead two years.
Q. Did she come west with the Choctaw Indians when they removed from Mississippi? A. Her mother and her came to this country.
Q. To what country? A. To Texas at the time, I think.
Q. Did any of your ancestors signify to the United States Indian Agent of the Choctaw Indians in Mississippi their intention to remain and become citizens of the State of Mississippi within six months after the ratification of the treaty of 1830? A. No, I don’t know anything about that.
Q. Did any of your ancestors ever receive or claim any land in Mississippi as beneficiaries under the 14th article of the treaty of 1830? A. No, not that I know of. I don’t know.
Q. Do you make any claim by reason of any other treaty stipulations entered into between the United States and the Choctaw tribe of Indians? A. No, sir.
Q. Are you married? A. Yes, sir.
Q. What is your husband’s name? A. William T. Reeves.
Q. Are you making any claim for him? A. No, sir.
Q. Is he a white man? A. Yes, sir.
Q. He has never made a claim to Indian citizenship by blood? A. No, sir.
Q. Where did you marry him? A. Buda, Texas.
Q. When? A. November 17th, 1892.
Q. Have you any children? A. Three.
Q. Do you want to make application for your children? A. Yes.
Q. What are the names and ages of your children? A. Nora Alice.
Q. How old is she? A. Six years old.
Q. The next one? A. Ada B. Reeves.
Q. How old is Ada? A. She is five. She has turned five years now.
Q. What is the next one? A. James Allen Reeves.
Q. How old is James Allen? A. Three.
Q. Is that all? A. Yes, sir.
Q. Are you the mother of these children? A. Yes, sir.
Q. Is William T. Reeves their father? A. Yes, sir.
Q. Are you living with your husband? A. Yes, sir.
Q. Are the children living with you? A. Yes, sir.
Q. Is there any additional statement you desire to make in support of this application? A. No, sir.
Q. Is there any written evidence you desire to offer in support of your application or the application you make on behalf of your three children?

Mr. L.P. Hudson (Counsel for applicant.) The attorney for applicant here asks leave to file written evidence in support of this claim within fifteen days from this date.
By the Commission: Permission is granted the attorney for the applicant to file written evidence in support of this application, provided the same is offered for filing with the Commission within fifteen days from this date.

Examination --- by Mr. L.P. Hudson.

Q. You say you live in Texas. Is it your intention to remove to the Indian Territory in the near future for the purpose of making your home here? A. Yes, sir.
Q. You are a grand daughter of George W. Hartley, are you? A. Yes, sir.
Q. And George W. Hartley was the father of your mother and also of Samuel D. Hartley? A. Yes, sir; they were brother and sister.
Q. You are expecting to use the evidence in the case of Samuel D. Hartley in your care, are you? A. Yes, sir.
Q. And you have relied upon Samuel D. Hartley looking up your matter for you? A. Yes, sir.
Q. You know nothing of this matter except what you have been told? A. No, sir; that is all.

By the Commission: The decision of the Commission as to your application and the application you make on behalf of your three minor children for identification as Mississippi Choctaws will be mailed to you in writing in the near future to your present post office address.

The undersigned, Wm. S. Wellshear, being duly sworn, upon his oath states that he reported in full all proceedings had in this application for identification, and that the foregoing is a true and correct transcript of his stenographic notes thereof.

[Signature of Wm. S. Wellshear]

Subscribed and sworn to before me this 27th day of November, 1900

[Signature of Guy L. Emerson, Notary Public]

Emphasis added to questions for readability

Eliza says her mother was 66 when she died two years prior, this would suggest Sarah Hartley was born in 1832, and would have been born in Mississippi. Most census records indicate she was born about 1836, in which case she would likely have been born in Arkansas, as Samuel T Hartley's testimony indicated the Hartley family stopped in Little Rock.

Eliza's reference to Texas as a different country is humorous, but possibly correct. Texas was annexed and became a state in 1845. It's not clear exactly when the Hartley family left Arkansas and entered Texas - sometime between 1835 and 1850.

Research indicates Eliza had a brother George W Foster, Jr., and a sister Sarah Ann Foster. Neither appear to have testified in front of the Dawes Commission.

Amanuensis Monday: Dawes Commission - Melvin Elijah Van Every

I thought I would post more testimony from the Dawes Commission proceedings. This one delivered by my great grandfather, Melvin Elijah Van Every.

Department of the Interior.
Commission to the Five Civilized Tribes.
Muskogee, November 21, 1900.

In the matter of the application for identification as Mississippi Choctaws of Maggie J. Van Every and her five minor children.

Melvin E. Van Every, having been first duly sworn, testifies as follows:

Examination by the Commission.

Q. What is your name? A. Melvin E. Van Every
Q. Is it your desire to make application for the identification of your wife and minor children as Mississippi Choctaws? A. Yes sir.
Q. How many children have you? A. Five.
Q. What are the names and ages? A. Minnie R.
Q. How old is she? A. Sixteen. [ed. Minnie Ray. Born July 6, 1884, sixteen is her correct age.]
Q. What is the next one? A. Samuel.
Q. How old is Samuel? A. Fourteen. [ed. Samuel Ophan. Born Jan 15, 1886, fourteen is his correct age.]
Q. The next one? A. Willie, twelve. [ed. Willa Ann. Born Jan 29, 1890, she would have been ten.]
Q. Next? A. Eva.
Q. How old is that one? A. Ten. [ed. Evelyn Syvela. Born March 21, 1892, she would have been eight.]
Q. The next one? A. Myrtle.
Q. How old is Myrtle? A. Age nine months. [ed. Myrtle Ethel. Born March 21, 1900, she would have been exactly eight months.]
Q. Where is your wife? A. In Maxwell Texas.
Q. Why can’t she appear here in person? A. On account of infant being sick.
Q. Have you a Doctor’s certificate as to her inability to appear before the Commission? A. No sir, but I can furnish it.
Q. What does her disability consist of? A. Infant child being sick.
Q. She is not sick herself? A. No sir, child is sick.
Q. Nothing the matter with her? A. Infant child being sick.
Q. Have you got power of attorney from your wife to appear for her? A. No sir.
Q. Did she authorize you to make this appearance? A. Yes sir.
Q. Any evidence of that fact? A. No sir. Not with me.
Q. Are you fully conversant with your wife’s ancestors? A. Very well as I lived with them part of the time, up to the time of her mother’s death.
Q. Are you competent to testify as to your wife’s residence in the state of Mississippi? A. No sir, not more than she is. I suppose I could testify as much as she could on account of her mother having lived with us up to her death.
Q. You want to make application for the identification of your wife and minor children as Mississippi Choctaws? A. Yes sir.
Q. Is the name of your wife or any of your minor children on any of the tribal rolls of the Choctaw Nation? A. No sir.

By the Com.: Tribal rolls of the Choctaw Nation, prepared by the authorities of the Choctaw tribe, now in the possession of the Commission examined and the names of none of the applicants found thereon.

Q. Have they ever been recognized by the tribal authorities of the Choctaw Nation as citizens of the Choctaw Nation? A. No sir.
Q. Was an application ever made by your wife or by any one in her behalf or in behalf of her minor children to this commission in 196 for citizenship in the Choctaw Nation under the act of Congress of June 10, 1896? A. No sir.

By the Commission: Record of applications for citizenship in the Choctaw Nation made to this commission in 1896 examined, and the names of none of the applicants found thereon.

Q. Was your wife or children ever admitted to citizenship by judgment of the United States Courts in Indian Territory on appeal from the decision of the tribal authorities of the Choctaw Nation or of this Commission? A. No sir.

By the Commission: Record of persons admitted to citizenship by the Choctaw Nation by judgment of the United States Courts in Indian Territory examined and the names of none of the applicants found therein.

Q. Has any application ever been made prior to this time either to the Choctaw tribal authorities or the authorities of the United States for citizenship or enrollment of your wife and minor children? A. No sir.
Q. This is the first application that has ever been made in their behalf? A. Yes sir.
Q. What is your wife’s age? A. Thirty two. [ed. Born on Sept 1, 1868, this is her correct age]
Q. What is her post office address? A. Maxwell, Texas.
Q. Texas? A. Yes sir.
Q. How much Choctaw blood does she claim? A. One eighth.
Q. What was her father’s name? A. Ebenezer Denyer.
Q. Is he living? A. No sir.
Q. What is your wife’s mother’s name? A. Sarah Hartley Denyer.
Q. Is she living? A. No sir.
Q. Through which one of her parents does she claim her Choctaw blood? A. Through her grandfather.
Q. Her parents? A. Her mother.
Q. Was her mother’s name ever on any of the tribal rolls of the Choctaw Nation? A. No sir.
Q. Was her mother ever recognized by a y of the tribal authorities of the Choctaw Nation as a citizen of that Nation? A. No sir.
Q. Is the claim made by you for your wife and minor children as beneficiaries under the fourteenth article of the treaty of 1830? A. Yes sir.
Q. Did your wife or any of her ancestors ever comply with the provisions of that article of that treaty? A. No sir.
Q. What is the name of your wife’s ancestor who was a recognized citizen of the Choctaw Nation? A. George W. Hartley.
Q. What relation was he to your wife? A. Grandfather.
Q. Have you any evidence showing that George W. Hartley was a recognized member of the Choctaw tribe of the Indians in Mississippi? A. No sir, no evidence at the present time.
Q. When did he leave Mississippi. A. I could not answer that question.
Q. Do you know anything of his residence in Mississippi? A. No sir.
Q. Do you know whether he signified to the United States Indian Agent his intention to remain and become a resident of the state of Mississippi after the ratification of the treaty of 1830? A. No sir.
Q. When was you and your wife married? A. Married in 1883. [ed. Aug 29, 1883]
Q. Where? A. Buda, Hayes County, Texas.
Q. Are these five children living with you? A. Yes sir.
Q. Their residence is the same as yours? A. Yes sir.
Q. You and your wife live together? A. Yes sir.
Q. Is there any additional statement that you desire to make? A. No sir, only that I will furnish the certificate as to the ill health of the child and the power of attorney from my wife.
Q. Is there any written evidence that you desire to file in support of this application for the identification of your wife and minor children as Mississippi Choctaws?

Here attorney for the applicant asks leave to file additional testimony within fifteen days.

Examination by Mr. Hudson, attorney for the applicant.

Q. Mr. Van Every, is it your intention to remove to the Indian Territory in the near future for the purpose of establishing a residence and a home for yourself and family? A. Yes sir.

By the Commission:
Permission is granted the attorney for the applicant to file additional testimony in support of this application provided the same is offered to the Commission for filing within fifteen days from the date hereof.

A copy of the decision of the Commission in regard to the application you make for the identification of your wife and minor children as Mississippi Choctaws will be mailed to you in near future to your present post office address.

Anna Bell, having been first duly sworn by Acting Chairman Tams Bixby, on her oath states that as stenographer to the Commission to the Five Civilized Tribes she reported in full all testimony taken in the above entitled cause on November 20, 1900, and that the above and foregoing is a full, treue and correct transcript of her stenographic notes in said cause on said date.

[Signature of Anna Bell]

Subscribed and sworn to before me this 27 day of December, 1900

[signature of Acting Chairman]

Emphasis has been added to the questions to increase readability. Editorial notes are my own addition.

Even assuming that Melvin was rounding up to their next birthdays, he was still off by a year for the age of two of his children. I have a family record sheet, which I believe is a photocopy from the family Bible, listing all the birth dates of the children. It is strange that Evelyn and Myrtle were born on the same day 8 years apart, but the date appears on other documents for both of them.

When my grandmother was 8 months old, she was sick with something. My great grandmother probably did know more about her mother's background than her husband, but not more than her uncle, so her presence wouldn't have made a difference.

I was happy to hear Melvin testify that his mother-in-law Sarah Hartley Denyer was living with them at the time of her death. I knew that when she married her second husband, George Foster, they had lived (according to a note from my great Aunt Minnie) 'in a log cabin in South Texas'. From this testimony I am fairly sure she died in Caldwell County, Texas.

Amanuensis Monday: Dawes Commission - Samuel Tillman Hartley

Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Apple has been transcribing a huge collection of letters for over six months, and her efforts are inspirational. Though not nearly as large a collection as hers, I have many letters and other documents I've scanned in that I wish to transcribe, as well as a handful of audiotapes, and I thought setting up a day of the week where I would post transcriptions might encourage me to do so.

Popular weekly blog memes include Wordless Wednesday, Tombstone Tuesday, and Friday Five. Alliteration seems to be a necessity, and as a poetry aficionado, it appeals to me as well. So, searching for an appropriate alliterative title, I decided to go with "Amanuensis Monday." It's a fairly obscure word, but fits my purpose. It also provides me with the weekend to prepare the posts.

Here's my first entry.

I am going to attempt to do this weekly, and others are welcome to participate. Feel free to leave a link to your transcription in the comments.


Testimony delivered by Samuel T. Hartley in front of The Dawes Commission, 1900

Department of the Interior
Commission to the Five Civilized Tribes,
Muskogee, I.T. Nov. 21, 1900.

In the matter of the application for identification as Mississippi Choctaws of Samuel T. Hartley and his three minor children. Samuel T. Hartley being duly sworn by Acting Chairman Bixby, testified as follows:

Examination by the Commission.

Q. What is your name? A. Samuel T. Hartley.
Q. What is your age? A. I am 70.
Q. What is your post-office address? A. Turnerville, Texas.
Q. Are you a resident of the state of Texas? A. Yes sir.
Q. How long have you resided in Texas? A. I have been in Texas about sixty years I reckon.
Q. Have you maintained a continuous residence in Texas for sixty years? A. Yes sir.
Q. Where did you live prior to that time? A. Mississippi.
Q. What part of Mississippi? A. Choctaw County.
Q. Were your people recognized members of the Choctaw tribe of Indians in Mississippi in 1830? A. My grandmother.
Q. Wasn’t your mother? A. Yes sir, my mother too.
Q. What is your mother’s name? A. Eliza Beasley.
Q. Is she living? A. No sir.
Q. What is your father’s name? A. George W. Hartley.
Q. That is your mother’s maiden name? A. Yes sir.
Q. Is your father living? A. No sir, he’s dead.
Q. Through which one of your parents do you claim your Choctaw blood? A. My father.
Q. How much Choctaw blood do you claim? A. One fourth.
Q. Was your father a recognized member of the Choctaw tribe of Indians in Mississippi in 1830? A. I don’t know, I reckon so.
Q. When did you leave Mississippi? A. I left Mississippi in ’35 I believe.
Q. Did your father come with you? A. Yes sir, come to Little Rock, Arkansas and died.
Q. Your father left Mississippi in 1835 then? A. Yes sir.
Q. Where did he start for? A. He started for Texas.
Q. Do you know anything about his possession in the state of Mississippi? A. No, I do not.
Q. Do you know whether he ever received any land in Mississippi as a beneficiary under the provisions of the 14th article of the treaty of 1830? A. I do not.
Q. That is the article of the treaty under which you are making your claim is it not? A. Yes sir.
Q. Did any of your ancestors ever comply with the provisions of that article of that treaty? A. Not as I know of anything about it.
Q. Why did your father leave Mississippi? A. Because he wanted to come to Texas.
Q. What did he want to come to Texas for? A. I do not know.
Q. Did he signify to the United States Indian Agent for the Choctaw Indians in Mississippi that the wanted to stay there and become a citizen of the states? A. I don’t know that.
Q. Did he remain there the five years as required by the provisions of that article of the treaty? A. I don’t know that.
Q. Did any of your ancestors ever receive or claim any land in Mississippi as beneficiaries under the provisions of the 14th article of the treaty of 1830? A. No sir, I don’t think they did.
Q. If your father was a recognized member of the Choctaw tribe of Indians in Mississippi in 1830 why did he not remove to the Indian territory with the other members of the tribe? A. I don’t know.
Q. What do you know about your father’s Choctaw Indian citizenship in Mississippi? A. I know my father was a one fourth Choctaw.
Q. Was any provisions ever made that you should receive any land in Mississippi under the provisions of the 14th article of the treaty of 1830? A. Not as I know of.
Q. When were you born? A. In 1830.
Q. What month? A. In March, the fourteenth.
Q. You were living on the 27th of September, 1830 were you not? A. I guess I was.
Q. You are aware of the fact that under the provisions of the 14th article of the Treaty of 1830 that you were entitled to certain considerations thereunder as a child? A. Yes sir.
Q. Did you ever receive any benefits under that article of that treaty? A. Never did.
Q. Are you making this claim under any other provisions of any other treaty between the United States and the Choctaw Indians? A. No sir.
Q. Are you married? A. Yes sir.
Q. What is your wife’s name? A. Nannie V. Hartley.
Q. Is she a white woman? A. Yes sir.
Q. Never made any claim to Indian citizenship by blood? A. No sir.
Q. Are you making any claim for her now? A. No sir.
Q. When did you marry her? A. In ’90.
Q. Where were you married to her? A. In Texas.
Q. Married in accordance with the laws of the state of Texas? A. Yes sir.
Q. Have you your marriage license and certificate? A. Yes sir.
Q. Have you them with you? A. No sir.
Q. It will be necessary for the Commission to be supplied with evidence of your marriage to your wife in the matter of the identification of your children. Have you any children under 21 years of age and unmarried for whom you desire to make application? A. Three.
Q. What are their names and ages? A. Ammie Hartley.
Q. How old is she? A. Nineteen.
Q. Who is the mother of Ammie Hartley? A. My first wife.
Q. What was her name? A. Margaret Hartley.
Q. Is she dead? A. Yes sir.
Q. Have you your marriage license and certificate to Margaret Hartley? A. Yes sir.
Q. It will be necessary for the Commission to be supplied with evidence of your marriage to your first wife in the matter of the application for the identification of this child. What are the names and ages of your other two children? A. Samuel H. Hartley. Sixteen.
Q. This same mother? A. Yes sir.
Q. The next one? A. By my second wife, Eddie R.
Q. How old is he? A. Ten years old.
Q. This child is by your second wife? A. Yes sir.
Q. These children all live with you at your home? A. Yes sir.
Q. You and your wife living together? A. Yes sir.
Q. Any additional statement you desire to make in support of this application? A. No sir.
Q. Is there any written evidence that you desire to offer the commission for consideration in support of this application?

Here attorney for applicant asks leave to file written evidence in support of this claim in 15 days from this date.

Permission is granted the attorney for the applicant to file written evidence in support of this application provided the same is offered for filing with this Commission within fifteen days from the date thereof.

By L.P. Hudson, attorney for the applicant.

Q. Mr. Hartley is it your intention to remove to the Indian Territory for the purpose of making a home here? A. Yes sir.
Q. And to do that in the near future? A. Yes sir.

By the Commission.

The decision of the Commission as to your application and the application you make on behalf of your three minor children for identification as Mississippi Choctaws will be mailed to you in writing sometime in the near future to your present post-office address.

Myra Young, having been first duly sworn upon her oath states that as stenographer to the Commission to the Five Civilized tribes she reported in full all the proceedings had in the above entitled cause on the 21st day of November, 1900, and that the above and foregoing is a full, true and correct transcript of her stenographic notes of said proceedings on said date.

(signature of Myra Young)

Subscribed and sworn to before me this 22nd day of November, 1900.

(signature of Guy L Emerson, Notary Public)

Questions emphasized above to improve readability.

Samuel Tillman Hartley (burial info) was the brother of my second great grandmother, Sarah Ann (Hartley) Denyer. His first wife was Margaret Rawls, and his second wife was Nannie Virginia Rock (burial info).

I first blogged about discovering these records on Footnote back in September. As you can see, while there wasn't enough evidence for the Commission to recognize the family as Choctaws, there was still a lot of good genealogical information to be discovered within the testimony.

I am going to limit myself to items that are either public record, like the above, or were written by relatives who have been deceased at least fifty years. (Unless I receive permission otherwise from the author, if still alive, or their children.) In a post last September, Geneablogie explained the current death+70 restriction on unpublished works doesn't usually apply to pre-1976 works, though with works by family members I am going to proceed with caution.

Monday, October 13, 2008

Fractions and DNA

in honor of what some localities refer to as Indigenous Peoples Day or Native Americans Day:
Short Math Quiz

Your mother told you she was ½ Choctaw and ½ Cherokee. Your father told you he was ½ Choctaw.

You are in front of a bunch of judges and they start asking you questions, and they want to know what your percentage of Choctaw blood is. What do you tell them?

What if you only have a primary school education? Do you think you’ll get it right

Reading through the testimonies my great grandmother, her half-sister, six cousins, and her uncle provided to the Dawes Commission, one thing remains constant. None of them understood fractions. Fractions can be difficult.

There were eight testimonies delivered in November of 1900. And my previous post on my Choctaw ancestry was based on reading through those eight testimonies. Another search turned up one more testimony delivered a year later. Samuel T Hartley, the brother of my second great grandmother, Sarah Hartley, brought another daughter of his before the commission. She was completely flummoxed by the questioning, and while it doesn’t say it, I suspect she was close to tears by the end. Her responses were all over the place, and it was clear she was very confused. Her father was present though, and was called to the witness stand. His testimony didn’t directly conflict his testimony of a year prior, but he was asked slightly different questions, which led to more information.

In 1901 he claimed his father said he was ½ Choctaw. And that his mother said she was ½ Choctaw and ½ Cherokee. (He had no proof. Neither had ever had their names on rolls, or applied for land. That is why the commission denied the applications, they wouldn’t give land to just anyone who said they thought they had blood from one of the 5 civilized tribes, no matter how earnest they looked. They needed some evidence, and DNA evidence wasn’t around back then. My ancestors had no proof beyond what they had been told by their parents and grandparents.)

In 1900 he had been asked whether he claimed his Choctaw heritage from his mother or father. His response was ‘father’. (It should have been ‘both’ but maybe he thought from the question he had to choose one.) The next question was how much blood his father had, so he had responded ½, and from that the Commission told him he would be ¼, and he accepted that.

If the 1901 testimony is accurate, his mother claimed to be 100% Native American, half Choctaw, half Cherokee. And since she would be my mtDNA ancestor, taking the test might actually solve this question for my family. If my second great grandmother was ¾ Native American, then I am 3/64, which is getting higher and higher as I continue doing research. A year ago I thought I was only 1/128.

Here are the people named in the nine testimonies I have downloaded from Footnote, and their percentage of Native American DNA assuming the testimony given by Samuel Hartley in 1901 is accurate.

First Generation
(1/2) George W Hartley
(1/1) Eliza Beasley

Second Generation (3/4)
Samuel T Hartley (married Margaret ___ and Nannie ____)
Sarah Ann Hartley (married Ebenezer Denyer and George W Foster)
[Research indicates there may have been a third child named William Hartley]

Third Generation (3/8)
Caroline Hartley (married Jesse M Taylor)
Georgia Amelia Hartley (married Miles J Phillips)
Robert Hilliard Hartley (married Louisa ___ )
Sophronia Hartley (married James Cagle)
Virginia Hartley (married Henry Shultz)
Amie Hartley
Samuel H Hartley
Eddie Hartley

Samuel William Denyer (married Alice Gollihar)
Margaret Jane Denyer (married Melvin Van Every)
Eliza Caroline Foster (married William T Reeves)
[George and Sarah Foster had two other children: George Foster Jr. and Sarah Ann Foster. Neither testified before the Dawes Commission as far as I can tell.]

Fourth Generation (3/16)
Taylor children: Maudie, Claudie, Mattie, Earline, Jesse
Phillips children: Hester, Ruby
Hartley children: Bessie Leanner, Youler May
Cagle children: Dessie, Edna [later children include: Flossie, Hazel, Ruby, Otis]
Shultz children: Birdie, Callie, Julia, Richard
Denyer children: Alfred, Arthur, Addie, Zenovia, Lee, Samuel, William, Melvin
Van Every children: Minnie, Samuel, Willa, Evva, Myrtle

Thursday, September 18, 2008

Choctaw Ancestry

Minnie Van Every Benold (1884-1969), the sister of my grandmother Myrtle Van Every Deutsch, at some point in her later years, the exact date is uncertain, wrote a few pages about her experiences as a child.

Excerpt:

Then too, after Indian Territory was opened for settlement (about 1888?) my father filed on a claim on Sac and Fox Reservation, possessed it and built a log house, a good barn, and sent for his family – all on the fact that mother was part Indian – in December 1891.

After a snowy winter, he planted a crop, and made many trips to the County seat (Chandler) consulting his lawyer as his right to the land was being contested. In a fit of discouragement he loaded us all in a wagon and started back to Texas. He said he could not find an honest lawyer. We left in Spring 1892, after we could not get a hearing on our claim. I do know, or at least have been told that no records were kept during those years.



So it was last night I put the name Samuel Denyer into Footnote. The brother of my second great grandfather, Ebenezer Denyer. I was looking for his Civil War record. Instead I found a reference in the Dawes Packets.
The Amercan Dawes Commission, named for its first chairman Henry L. Dawes, was authorized under a rider to an Indian Office appropriation bill, March 3, 1893. Its purpose was to convince the Five Civilized Tribes [Cherokee, Choctaw, Creek, Chickasaw, Seminole] to agree to cede tribal title of Indian lands under an allotment process to the individual Indian, enacted in 1887 (See Dawes Act for other tribes). In November 1893, President Grover Cleveland appointed Dawes as chairman, and Meridith H. Kidd and Archibald S. McKennon as members.

During this process, the Indian nations were stripped of their communally-held national lands, and the land was divided up into single lots and given to individual members of the nation. However, to prove you were a member of a tribe, you had to declare membership in one and only one tribe to a national registry known as the Rolls
Footnote has almost all of the Application Packets (98% complete).

This was exciting. It wasn't for Ebenezer's brother, Samuel, it was for Ebenezer's son, Samuel, the uncle of my grandmother. Ebenezer married Sarah Hartley who family lore says claimed to be 1/8 Choctaw. And in the Dawes packets at Footnote I have found the applications for admission to the Choctaw Tribe made by all of Sarah Hartley's children, from both of her husbands, Ebenezer Denyer and George Foster. As well as those made by her brother, Samuel Hartley. Apparently several years after they tried unsuccessfully to claim land, they tried again when the Dawes Commission was formed. The applications are dated November of 1900.


Refused. Every last one of them. (Well, logically, one would assume if one was refused, all of them would be. And if they had been successful, they'd have claimed the land, so I shouldn't have been surprised. The decision by the commission: insufficient evidence.)

I don't care. OK, I do care. If they had been accepted my grandmother would likely have grown up somewhere other than Texas, with possible repercussions on her adult life. I might not exist. Refusal, naturally, doesn't mean they weren't Choctaw, just that the commission wasn't satisified with the proof. But each application has between 10-25 pages, and they go into detail about the relationships between all those applying. Names of spouses, children, etc. And most importantly, the names of the parents of Samuel and Sarah Hartley: George W Hartley and Eliza Beasley.

Samuel Hartley claimed to be 1/4 Choctaw, not 1/8. If accurate, this would double the percentage of my Choctaw ancestry from what I previously thought. Unfortunately, the claim was through their father, dashing any hopes that a test of my, or my mother's, mtDNA might contribute to the solution of this mystery. It would still be interesting to find out where my maternal ancestry originated, but it's much less likely to be Native American.

Also, unfortunately, while the applications make reference to marriage certificates that were entered into evidence, none of these certificates are part of the files online.

It does seem that my previous suspicions regarding the 1850 census are likely correct. The Eliza Hartley who is recorded as living with two sons Samuel and William is my third great grandmother, and Sarah was recorded in another household, likely as some sort of servant.