The 1928 Baker Roll and Records of the Eastern Cherokee ...

[Pages:55]M2104

THE 1928 BAKER ROLL AND RECORDS OF THE EASTERN CHEROKEE ENROLLING COMMISSION, 1924?1929

Jerry Clark prepared the descriptive material and introduction for this microfilm publication, and Noah Olson prepared the name index to the Baker Roll.

National Archives and Records Administration Washington, DC 2007

United States. National Archives and Records Administration. The 1928 Baker roll and records of the Eastern Cherokee

Enrolling Commission, 1924?1929.-- Washington, D.C. : National Archives and Records Administration, 2007.

p. ; cm.? (National Archives microfilm publications. Pamphlet describing ; M 2104)

"Jerry Clark prepared the descriptive material and introduction for this microfilm publication, and Noah Olson prepared the name index to the Baker Roll."

Includes bibliographical references.

1. United States. National Archives and Records Administration ? Microform catalogs. 2. Cherokee Indians ? Census, 1928. 3. Cherokee Indians ? Genealogy ? Sources ? Bibliography ? Microform catalogs. 4. Indians of North America ? Tribal citizenship ? Sources ? Bibliography ? Microform catalogs. 5. Documents on microfilm ? United States ? Catalogs. I. Clark, Jerry. II. Olson, Noah. III. Title.

INTRODUCTION

On the 69 rolls of this microfilm publication, M2104, are reproduced the 1928 Roll of Eastern Cherokees known as the Baker Roll, and related materials among records of the Bureau of Indian Affairs, Record Group 75, in the National Archives. Included are indexes, applications, testimony, correspondence, decisions of the Eastern Enrolling Commission, and reports of Special Agent Fred A. Baker. The Baker Roll is now the "Final Roll," or base document, used as a standard for determining enrollment in the Eastern Band of North Carolina Cherokees, one of the three Federally recognized divisions of the Cherokee Nation.

BACKGROUND

The Cherokee people once inhabited southern Appalachia, constituting parts of Alabama, Georgia, North Carolina, South Carolina, and Tennessee. After 1817, some Cherokees emigrated to Arkansas Territory (later Indian Territory) and became known as "Old Settlers." During the 1830s, most of the tribe was removed from their highland homeland by the United States Government in the tragic trek known as the "Trail of Tears" and forced to migrate to Indian Territory (now Oklahoma). These "Emigrant" or "Eastern" Cherokees merged with the Old Settlers to become the Cherokee Nation West. Somewhat confusingly, other Cherokees who avoided removal and remained behind were also called "Eastern" Cherokees.

Today, the Bureau of Indian Affairs has designated three official Cherokee tribal governments as having Federally recognized status. The contemporary descendants of the Cherokee Nation West are represented by the Cherokee Nation of Oklahoma and the United Keetoowah Band of Cherokees. The Cherokee Nation of Oklahoma at Tahlequah, OK, is the most numerous Cherokee entity, and accepts as members descendants of persons enrolled by the 1902 Final Roll of the Five Civilized Tribes Commission (also known as the Dawes Roll). The smaller United Keetoowah Band of Cherokees, also at Tahlequah, accepts members based on blood degree requirements and a 1949 tribal roll.

The third Cherokee tribal government is the Eastern Band of North Carolina at Cherokee, NC, whose membership is based on the 1924?28 Baker Roll and related records of the Eastern Cherokee Enrolling Commission reproduced in this microfilm publication. An act of Congress of June 4, 1924 (43 Stat. 376), established the Eastern Cherokee Enrolling Commission to determine membership for the Eastern Band and to place its tribal lands into Federal trust. This act formally established Federal recognition of North Carolina Cherokees, whose status was previously somewhat uncertain. The Commission consisted of A. W. Simington (special allotting agent), James E. Henderson (superintendent of the Cherokee Agency), Gertrude L. Dalton (assistant clerk), Gladys M. Fowler (assistant clerk and court reporter), and Fred A. Baker (examiner of inheritance). The Commission consulted a number of previous rolls of Cherokees, such as the 1835 Census of Cherokees Living East of the Mississippi River, the 1851 Chapman Roll, and 1884 Hester Roll.1 Other rolls used by the Enrolling Commission included the 1907 Council

1 These rolls have been reproduced as part of National Archives Microfilm Publication M1773, Eastern Cherokee Census Rolls, 1835?1884 (4 rolls).

1

Roll and 1908 Churchill Roll.2 Finally, Baker and his colleagues also employed the 1909 Eastern Cherokee Roll, otherwise known as the Guion Miller Roll.3

The Enrolling Commission made a tentative roll of members of the Eastern Band based on these earlier records, but received applications from others desiring to be included on the roll. According to the final report of Fred A. Baker, examiner of inheritance,

3,833 applications were filed, involving 11,979 individuals. There were 1,924 uncontested applications, 1,229 contested cases that were approved, and 687 that were apparently not accepted. Eventually, 3,146 applications were accepted by Baker and the Enrolling Commission.

From 1924 to the issuance of the Baker Roll in 1928, many persons claiming Cherokee ancestry were excluded from rolls of the Eastern Band or were denied affiliation by the tribal council. Excluded claimants asked the Enrolling Commission for hearings and furnished evidence for Cherokee lineage. A number of cases were disputed by the council, and included the Coleman, Crowe, Driver, French, Hardin, Jordan, Lambert, McCoy, McDonald, Maney, Meroney, Murphy, Raper, Reed, Rogers, Smith, Taylor, Timpson, Wolfe, and other families. Some claimants hired as their attorney a recently retired official of the Bureau of Indian Affairs named Guion Miller, the man who had previously compiled the 1909 Eastern Cherokee Roll. On December 1, 1928, Mr. Baker submitted his "final" roll to the Commissioner of Indian Affairs, who in turn submitted his own report to the Secretary of the Interior about the efforts of Agent Baker and the Enrolling Commission, along with miscellaneous appeals and legal briefs for contested and appealed cases, with references to pertinent testimony and decisions of the Commission. The Baker Roll and related records of the Eastern Enrolling Commission include a great deal of genealogical information about families and individuals claiming Cherokee lineage.

RECORDS DESCRIPTION

Records concerning the Eastern Cherokee Enrolling Commission in the National Archives include indexes, correspondence, applications, transcripts of testimony, decisions, rolls, and other records compiled by the Commission and used in producing the 1928 Baker Roll.

2 The 1907 Council Roll and 1908 Churchill Roll are part of records relating to enrollment of the Eastern Cherokees, 1907?1916.

3 Mr. Guion Miller, an employee of the Bureau of Indian Affairs, was assigned by the U.S. Court of Claims to authenticate applications of persons claiming Cherokee ancestry for the 1909 Eastern Cherokee Roll. The applications have been filmed as M1104, Eastern Cherokee Applications of the U.S. Court of Claims 1906?1909 (348 rolls). Agent Miller also consulted several Cherokee rolls, which have been reproduced as part of microfilm publication M685, Records Relating to Enrollment of Eastern Cherokee by Guion Miller, 1908?1910 (12 rolls). Roll 12 includes Miller's own copies of the 1850 Old Settlers Roll, the 1850 Drennen Roll, the 1851 Chapman Roll, and the 1884 Hester Roll.

2

THE BAKER ROLL

The main record is the 1924?28 Baker Roll, which is one of two rolls prepared by Agent Baker for the Eastern Cherokee Enrolling Commission. This volume is arranged numerically by enrollment number of tribal citizens, and alphabetically by surname of head of family and thereunder by name of family member. This roll contains citations from earlier rolls (1908 Churchill Roll number and 1884 Hester Roll number), names of tribal members, family relationships, sex, age in 1926, date of birth, degree of Cherokee blood, degree of other Indian blood, if a case was contested, and remarks. There were 3,146 persons enrolled, including some persons previously accepted by the Commission who did not submit applications. Mr. Baker also prepared a supplemental roll (with a duplicate) of 43 deceased Eastern Cherokees who had received annuity payments in the past, but whose enrollment was contested by the tribal council. The persons on this roll had left estates consisting of suspended per capita payments.

The Eastern Cherokee Enrolling Commission had a tentative list of accepted Cherokee tribal members based on previous rolls, but many other persons who had been excluded by the Commission, or felt that they were deserving of being tribal members, sought inclusion as Eastern Cherokees. The records of the Eastern Cherokee Enrolling Commission were originally in file # 260791-1928-053 Cherokee School, parts 2 through 153, which was withdrawn from the central correspondence files of the Bureau of Indian Affairs and made a separate set of records concerning enrollment of the Eastern Cherokees. These people were asked by the Commission to fill out standardized forms, which constitute the main body of these records. There are some 15 linear feet of documents, consisting mainly of applications, testimony, decisions, and indexes. Related records include Fred A. Baker's final report of December 1, 1928, concerning the enrollment; some miscellaneous appeals and briefs; and indexes to names of ancestors and to contested and appealed cases, with references to testimony to and decisions of the Commission.

APPLICATIONS

The main body of records of the Commission consists of individual applications arranged numerically by file number and in rough alphabetical order by surname of applicant. Each application usually includes requests for application forms, application forms, affidavits of witnesses, notices of hearings, receipts of notices, notices of decisions, appeals, and correspondence between the Commissioner and other interested persons. Most applications include the name of a Cherokee ancestor from whom the applicant claims descent. Not all applications contain every described document, but all contain the application form or questionnaire, which asked the applicant for the following information:

1. Name of applicant 2. Residence 3. Names of minor children (if any) 4. County 5. State 6. Age 7. Maiden name (if applicable)

8. Time at current residence 9. Degree of Indian blood 10. Name of ancestor(s) from whom

claiming descent 11. Relationship to ancestor 12. Father's name and Indian blood

(if applicable)

3

13. Mother's maiden name and Indian blood (if applicable)

14. Residence of parents 15. Names of paternal grandparents 16. Names of maternal grandparents 17. Evidence for Cherokee lineage

(including roll numbers, if applicable) 18. Names, relationships, and residences of ancestors 19. How ancestors were involved in purchase of Qualla Boundary or other Indian lands 20. Blood degree of children of claimant 21. Name of spouse and blood degree (if applicable)

22. Ages and residences of children of claimant

23. Signature of applicant 24. Date of submission of application 25. Witness or notary public 26. Affidavits of at least two supporting

witnesses 27. Additional information (if any) or

legal briefs 28. Correspondence with Eastern

Cherokee Enrolling Commission 29. Statement of acceptance or rejection

by Examiner Fred A. Baker 30. Date of acceptance or rejection by

Examiner Fred A. Baker

These applications sometimes are annotated with reasons cited by Baker for rejecting the submission. These reasons included

1. Applicant's ancestors have not been enrolled as members of the Eastern Band of Cherokees

2. Applicant (or parents of applicant) were not in the state of North Carolina on Oct. 23, 1874

3. Applicant (or parents of applicant) were not enrolled in or since 1868 4. Lack of evidence of affiliation and association with the Eastern Band of

Cherokees 5. Applicant not recognized as a member by the tribe 6. Lack of evidence of contribution to purchase of the Qualla Boundary or other

tribal lands 7. Applicant is a member of the Western Cherokees 8. Any previous rights lost through non-affiliation with the Eastern Band 9. Parents of applicant (one being white) were married since June 7, 1897, apart

from community

OTHER COMMISSION RECORDS

The correspondence of the Enrolling Commission and Agent Baker contains incoming letters and copies of outgoing letters of the Commission, in addition to those filed with the applications. The letters relate to requests for application forms, notifications of enrollment, inquiries of a general nature, and other subjects. Most of the correspondence concerns persons for whom no formal applications were received. These letters are arranged alphabetically by surname of correspondent or by subject of letter. Included are some special folders of correspondence with particular persons or firms or concerning specific subjects.

4

There are several indexes for the records of the Cherokee Enrolling Commission and the Baker Roll. Reproduced in the appendix to this introduction is an alphabetical index to applications to the Baker Roll, prepared by the National Archives, listing names of each applicant and his or her application number. There is also an alphabetical index to names appearing in 1929 testimony [in roll 65] that was prepared by J. W. Howell, providing references to volume and page numbers in transcripts of testimony [in rolls 65?66].

The records include transcripts of testimony, 1927?28, taken by the Enrolling Commission from 1927 to 1928. The transcripts are divided in four volumes of miscellaneous testimony and one volume of testimony by members of the tribal council. Transcripts are arranged by the family group of applicant and thereunder chronologically. Each volume of testimony includes an alphabetical index to names of witnesses for each case. The tribal council's testimony is arranged by family group of applicant.

There are also copies of the decisions or findings of the Enrolling Commission on the applications submitted under the provisions of the act of June 4, 1924. There were seven volumes of decisions, but volumes III and V are missing. Included are volume I (Abednego?Davis), volume II (Davis?Helton), volume IV (Nations?Parris), volume VI (Rider?Tolley), and volume VII (Tucker?Young). The decisions concerning applications claiming descent from the same ancestor are grouped together and are arranged alphabetically by surname of ancestor. Each volume includes an alphabetical index to names of alleged ancestor in that volume. Also included is a copy of the report of the Commissioner of Indian Affairs of November 20, 1930. The Commissioner sent this report to the Secretary of the Interior concerning the findings of the Eastern Cherokee Enrolling Commission. Included is a printed copy of a brief dated December 18, 1929, that was submitted by J. W. Howell, attorney for the Eastern Band of Cherokees. Much of the report and Howell's brief is concerned with the various cases contested before the Enrolling Commission.

RELATED EASTERN CHEROKEE RECORDS

Textual Records RECORDS OF THE BUREAU OF INDIAN AFFAIRS, RECORD GROUP (RG) 75

? Correspondence, Reports, and Related Records Concerning Eastern Cherokee Enrollment, 1907?1916.

? Council Roll of Eastern Cherokee, 1907 ? Churchill Roll of Eastern Cherokee, 1908 ? Report of Special Agent Charles L. Davis, 1910?1911 ? Central Classified Files, 1907?39; File # 93679-1924-311 Cherokee School [14 parts] ? Special Series A (boxes 1?2) [relating to Churchill Roll)

5

National Archives Microfilm Publications RECORDS OF THE BUREAU OF INDIAN AFFAIRS, RG 75

M685, Records Relating to the Enrollment of Eastern Cherokee by Guion Miller, 1908?1910 (12 rolls) M1059, Selected Letters Received by the Office of Indian Affairs Relating to the Cherokees of North Carolina, 1851?1905 (7 rolls) M1773, Eastern Cherokee Census Rolls, 1835?1884 (3 rolls) RECORDS OF THE UNITED STATES COURT OF CLAIMS, RG 123 M1104, Eastern Cherokee Applications of the U.S. Court of Claims, 1906?1909 (348 rolls)

6

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download