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

M2104

THE 1928 BAKER ROLL AND RECORDS OF THE EASTERN

CHEROKEE ENROLLING COMMISSION, 1924¨C1929

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¨C1929.¡ª Washington, D.C. : National

Archives and Records Administration, 2007.

p. ; cm.¨C (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 ¨C

Microform catalogs. 2. Cherokee Indians ¨C Census, 1928.

3. Cherokee Indians ¨C Genealogy ¨C Sources ¨C Bibliography ¨C

Microform catalogs. 4. Indians of North America ¨C Tribal

citizenship ¨C Sources ¨C Bibliography ¨C Microform catalogs.

5. Documents on microfilm ¨C United States ¨C 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¨C28 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¨C1884 (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¨C1916.

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¨C1909 (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¨C1910 (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¨C28 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.

2.

3.

4.

5.

6.

7.

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)

Name of applicant

Residence

Names of minor children (if any)

County

State

Age

Maiden name (if applicable)

3

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