The Guion Miller Roll includes the names of all persons applying for compensation arising from the judgment of the United States Court of Claims on May 28, 1906, for the Eastern Cherokee tribe. While 45,857 individuals applied, over 15,000 claims were rejected, or one-third of the applications.
Free digital files in the form of PDF's are being uploaded for each of the applicants, but as there is only one of me and there are over 45,000 applications, this will take some time to finish. I have started with Applicant #1 and am working my way forward since most family groups had the decision of the Court of Claims attached to the earliest numbered applicant.
Search the Guion Miller Roll
The information included on this index is the application number, the name of the applicant, and the State or Territory in which the individual resided at the time the application was filed and notes which reflect the applicants information as listed in Miller's official report. The name being present in this index does not mean the person was admitted, you have to actually read the notes from Miller or the application itself to determine that.
Your search resulted in 1 matches
| Application # | Last | First | Middle | State | Notes | Page |
|---|---|---|---|---|---|---|
| 35 | Eaves | Elijah | Mo. |
35. Elijah Eaves, Day, Mo.
Rejected. Applicants herein claim to be descendants of the Alexander Brown whose name appears on the roll of 1835, enrolled at Oostennolle River, Ga. The Alexander Brown on the roll was enrolled, with two others, making a family of three, 2 males under 18 and 1 male over 18, being Alexander Brown himself, all half-breeds. No reservees or descendants of reservees. The substance of the evidence in the case contained in affidavits and testimony is given below: Nancy M. Seadley, Appl. 39591, Misc’l. Test. P. 2232, states she claims through her father, John Brown, son of Isom Alexander Brown, and her father was born in Virginia in 1814. Isom Alexander Brown was probably the son of Alexander Brown, the original ancestor. She states that her grandfather Brown lived with the Cherokees in Virginia, and that her father lived with the Cherokees in Virginia. Michael A. Fender, Appl. 3242, Misc’l. Test. P. 2016, states that he was born in Monroe Co., Tenn. in 1829; that he claims through his mother, Dicie Boyd nee Brown, and that his mother was born in Virginia; that his mother got her Indian blood from her father, Alexander Brown; does not know where the latter was born; that he died in 1838 in Polk Co., Mo.; that he had been two years in Missouri before his death; that his grandfather, Alexander Brown, was living during the fall and winter of 1835 in Illinois near St. Louis, Mo.; that the wife of Alexander Brown was a white woman; that neither he nor any of his ancestors have received any money or land, and were never enrolled, with the exception of Alexander Brown, who he states was enrolled in Tennessee in 1835 in Monroe Co.; that neither he nor his mother ever lived with the Cherokees as a member of the tribe, and he does not know of his grandfather ever living with the Cherokee Indians as a member of the tribe; that his grandfather lived as a white settler in Missouri, among white people; does not know how much Indian blood his grandfather had; that in 1851 he and his mother were living in Polk Co., Mo. In 1835 they were living in Illinois and came from Tennessee with his grandfather Alexander Brown. Samuel Z. G. Anglen, Appl. 2658, Misc’l. Test. P. 2017, states that he was born in Polk Co., Mo. in 1850, and that his mother was born in the same place in 1832; that his mother got her Indian blood through her father, Thomas Brown, who was a son of Alexander Brown; claims that Alexander Brown lived with the Cherokees as a member of the tribe in Tennessee; does not know whether his grandfather, Thomas Brown, ever lived with the Cherokees as a member of the tribe or not; states that neither he nor his mother nor his grandfather, Thomas Brown, were ever enrolled or ever received any money or land from the Government on account of Indian blood; claims that his great-grandfather, Alexander Brown, was enrolled; does not know on what roll; that his great-grandfather, Alexander Brown, was a half-blood Cherokee. James Harralson, age 80, states in an affidavit of July 30, 1906, that he was acquainted with Alexander Brown; that he came from McMinn or Monroe Co., Tenn. and settled in Polk Co., Mo. in or about the year 1836 or 1837; that when he first knew Alexander Brown he lived in Tennessee; that he heard he came from Georgia to Tennessee. He states that he has a very clear and distinct recollection of hearing the said Alexander Brown say that he was registered or that his name was on the roll of Cherokee Indians prior to his leaving Tennessee, and he had heard him tell this both before he left Tennessee and after he came to Missouri; that Alexander Brown was a half-blood Cherokee Indian. He states that Alexander Brown had the following children: Thomas, Isom, John, Jack, Sarah (Hambleton), Dicie, Elizabeth (Ruth), Susan (Proctor), Annie (Pace), and Violet (Ruth). Russell Stokes, age 86, in his affidavit of July 31, 1906, states that he was acquainted with Alexander Brown after he came to Polk Co., Mo., which was about the year 1835 or 1836; that Alexander Brown told him that he was half Cherokee and that he came to Missouri from Tennessee. He further states that when told he had his papers showing his Indian rights, and that his name was on the roll of Cherokee Indians; that the said Alexander Brown has always claimed to be a half-blood Cherokee Indian, and he has children claiming to be part Indian and were recognized and reputed to be such by all who knew them. This affiant and others state that Alexander Brown was a tall man, broad-shouldered, rather slim, with dark hair and eyes and dark complexion. Michael Fender in his affidavit of Aug. 6, 1906, states that he is 77 years old; that he was well acquainted with Alexander Brown, who was his grandfather; that he came from McMinn Co., Tenn., and that he lived about four or five miles from his father’s residence in Tenn., and that he can remember his being in his father’s house several times. That when Alexander Brown left Tennessee and came to Missouri there were about 6 families came together, including my father’s family and Alexander Brown’s family, said families were all related to each other. We left Tenn. in the fall of 1835 and came to a place in Illinois four miles east of St. Louis, and stopped there over the winter, and in the spring coming on to what is now known as Brighton, Polk Co., Mo., arriving there May 10, 1836. I was with them during their journey from Tenn. That Alexander Brown was a half-breed Cherokee; that he was enrolled as a Cherokee Indian on the roll of 1835; that he died in 1838. From the foregoing, it appears that it is unknown when Alexander Brown was born; that there is contradiction in the evidence as to where he was living in 1835, the weight of it being to the effect, however, that he was in Illinois or Missouri at that time. There is some also to the effect that he was in Tennessee. The weight of the evidence is that Alexander Brown lived in Tennessee prior to moving west—only one person, James Harralson, in his affidavit stating that he heard he (Alexander Brown) came from Ga. to Tenn. The Alexander Brown on the 1835 roll was enrolled in Georgia. He was enrolled with two males under 18 years of age. Alexander Brown, ancestor of applicants herein, had several children, at least 6, and most of them must have been over 18 years of age in 1835. Michael Fender testified that he was born in Monroe Co., Tenn. in 1829, and that his mother, Dicie Boyd, who was a daughter of Alexander Brown, was born in Virginia. The name of Boyd or Fender does not appear on the roll of 1835. If Dicie Boyd was a daughter of the Alexander Brown on the 1835 roll, why was she not enrolled at that time? If she was not enrolled because she had gone west prior to 1835, she could not be considered as a member of the Eastern Cherokee tribe at that time or her descendants be beneficiaries under the decree of the Court of Claims herein. Nancy M. Seadley states that her father, who was a grandson of Alexander Brown, was born in Virginia in 1814, and that her father and grandfather lived with the Cherokees in Virginia. It would thus appear that applicants’ ancestor, Alexander Brown, originally came from Virginia and lived with some Indians there—not the Cherokees, as they, as well known, never lived in Virginia. If applicants’ ancestor, Alexander Brown, had left Tenn. prior to 1835, to which effect is the weight of evidence, he could not have been enrolled in Tenn. or Georgia in 1835, and the Alexander Brown on the 1835 roll could not be applicants’ ancestor. The statements of affiants to the effect that Alexander Brown told them that he was enrolled with the Cherokee Indians prior to his leaving Tenn. should be discounted when considering the age of affiants at that time. Such statements would have hardly made such an impression upon a child. In consideration of the premises, the applications of all persons claiming through Alexander Brown and his children, Thomas, Dicie, Isom, Mich, Sarah, Susan, Annie and Violet, are hereby rejected. (See Miscel. Test. Pages 2016, 2017 and 2232) (handwritten #3091 and 2407). |
90 |
Full note
For genealogists, these applications are important, even if your ancestor was rejected, as they required each claimant to state fully his or her English and Indian names, residence, age, place of birth, name of husband or wife, name of tribe, and names of children. It further required the English and Indian names of the claimant's parents and grandparents, place of their birth, place of their residence in 1851 if they were living at that time, dates of their death, and a statement as to whether any of them had ever before been enrolled as Indians for annuities or other benefits and, if so, with what tribe. Each claimant was also to furnish the names of all brothers and sisters, with their ages and residences, and the names and residences of all uncles and aunts. Applications were required to be made under oath and to be supported by affidavits of two witnesses who were well acquainted with the applicant. With each application is a card showing final action taken and the reasons therefore. Filed with many of the applications are inquiries concerning the status of the cases, requests for further evidence, protests about unfavorable actions, form letters that had been sent by the special commissioner to the applicants as notices of rejection of their applications and returned by the Post Office Department as unclaimed, affidavits and statements of witnesses, powers of attorney, and last wills and testaments. The applications are arranged by the number assigned at the time the application was received. There are some gaps in the application numbers; these were explained on insert sheets at the appropriate places on the film and I have included those numbers in our database with . The index is arranged alphabetically by name (either English or Indian) of claimant.
Introduction to the Record Set
Before the U.S. Court of Claims was established in 1855 there was no procedure by which claims arising against the U.S. Government could be enforced by suit. Consideration of claims was provided for when the Treasury Department was established in 1789; later acts of the Congress authorized the Department to settle all claims by or against the Government. If a claim was rejected by the Treasury Department, the claimant's only course of action was to appeal directly to the Congress. Petitions to that body for relief had become so numerous by the middle of the 19th century that the Congress was beginning to find it impossible to make the proper and necessary investigations for actions on the claims.
The U.S. Court of Claims was established by an act of February 24, 1855, to hear claims against the United States including those referred to the court by the Congress, based on any law of the Congress, any regulation of an executive department, or any contract with the Government, whether explicit or implied. Under this act the court served only as a factfinding agency, and its conclusions were submitted to the Congress for approval and for the granting of awards. In 1863 the Congress enlarged the court's jurisdiction and gave it authority to render judgments against the Government, with the right of appeal to the Supreme Court. An act of 1925 abolished appeals from the Court of Claims to the Supreme Court and substituted writs of certiorari.
An act approved July 1, 1902 (32 Stat. 726), gave the Court of Claims jurisdiction over any claim arising under treaty stipulations that the Cherokee Tribe, or any band thereof, might have against the United States and over any claims that the United States might have against any Cherokee Tribe or band. Suit for such a claim was to be instituted within 2 years after the act was approved. As a result, three suits were brought before the court concerning grievances arising out of the treaties:
(1) The Cherokee Nation v. The United States, General-Jurisdiction Case No. 23199; (2) The Eastern and Emigrant Cherokees v. The United States, General-Jurisdiction Case No. 23212; and (3) The Eastern Cherokees v. The United States, General-Jurisdiction Case No. 23214.
On May 18, 1905, the court decided in favor of the Eastern Cherokees and instructed the Secretary of the Interior to identify the persons entitled to participate in the distribution of funds for payment of the claims. On June 30, 1906, the Congress appropriated more than $1 million for this purpose. The task of compiling a roll of eligible persons was begun by Guion Miller, special agent of the Interior Department. In a decree of April 29, 1907, the court (1) vacated that part of its earlier decision that had given the Secretary of the Interior responsibility for determing the eligbility of claimants and (2) appointed Miller as a special commissioner of the Court of Claims.
The same decree also provided that the fund was to be distributed to all Eastern and Western Cherokee Indians who were alive on May 28, 1906, who could establish the fact that at the time of the treaties they were members of the Eastern Cherokee Tribe or were descendants of such persons, and that they had not been affiliated with any tribe of Indians other than the Eastern Cherokee or the Cherokee Nation. The decree further provided that claimants should already have applications on file with the Commissioner of Indian Affairs, or should file such applications with the special commissioner of the Court of Claims on or before August 31, 1907, Additionally, applications for minors and persons of unsound mind were to be filed by their parents or persons having their care and custody, and applications for persons who had died after May 28, 1906, were to be filed by their children or legal representatives.
In his report of May 28, 1909, Miller stated that 45,847 separate applications had been filed, representing a total of about 90,000 individual claimants, 30,254 of whom were enrolled as entitled to share in the fund—3,203 residing east and 27,051 residing west of the Mississippi River. On June 10, 1909, the court confirmed and approved the roll, submitted by Miller in his report, of Eastern Cherokees who were entitled to a share of the fund except “so much as shall be expected (excepted) to on or before August 30, 1909.” After the exceptions had been filed and investigated, Miller submitted a supplemental report and roll to the court on January 5, 1910. In this report he stated that about 11,750 exceptions had been made, that the names of 610 persons (238 east and 372 west of the Mississippi) had been added to the roll, and that the names of 44 persons (5 east and 39 west of the Mississippi) had been stricken from the roll because clerical errors in enrollment had been discovered. Thus the final figure on the total number of persons entitled to share in the fund was 30,820, of which 3,436 persons resided east and 27,384 resided west of the Mississippi River. On March 15, 1910, the court finally decreed that the rolls be approved and that, after certain deductions for expenditures, payments were to be made equally among the Eastern Cherokees who were enrolled. The court also authorized the Secretary of the Treasury to issue a warrant in favor of each person.
In certifying the eligibility of the Cherokees, Miller used earlier census lists and rolls that had been made between 1835 and 1884 of the Cherokees:
I started with a DNA test first to verify what I was told by family. There are many people who claim to be native but are not. The test proved it. Start there and then work backwards with parents, grandparents etc.
Actually, DNA tests do not show you’re Native American unless you have an unbroken maternal line or an unbroken paternal line. If your ancestors are not all male or female, matching your birth gender, then your DNA test will not show Native American. Do not give up on your search. Most all official tribal sites mention this. Maybe one day as DNA testing advances, those of us with a broken gender line can finally see our ancestral Native DNA in our blood.
“The test proved it.” What particular test? autosomal, Y-DNA, mitochondrial? Proved that you were or that you were not native? If the former, how? By ethnicity percentages, triangulation? If the test did not prove it recall that the absence of evidence is not evidence of absence: we inherit but half of each parent’s chromosomes and the native may be on the part not inherited.
I am in the process of trying to track down my Cherokee and/or Choctaw lineage. I have no idea what I am doing, or where to start. Any suggestions? I would be most grateful.
Hi Sarah, searching for Native American roots follows the same guidelines as a regular genealogical search. Start with yourself and work backwards down all lines. Don’t try to jump backwards directly to the alleged Native American ancestor. Once you hit a brick wall in your search then you should start using the Native American genealogical databases that are available for that specific time period in the geographical area they resided. It all matters. Here’s a guide which we have that can help you get started.
https://accessgenealogy.com/native/proving-your-indian-ancestry.htm
I am in the same boat as you but I am looking into my Cherokee ancestry lineage. I found on Ancient Faces where my grandfather was noted wat his birth that he is Cherokee in 1900. Seems like I am at a dead end before I start good. Need help.
To Cynthia: If your Grandfather was Cherokee and born in 1900, he would be on the Dawes Rolls. I assume he lived in Oklahoma or are you thinking he was part of the Eastern Band?
i am doing the same i have no earthly idea what im doing
As Dennis said, work backwards with the information you definitively know (often times your grandparents). With Cherokee or Choctaw, you won’t have to go back far. When you get to ancestors who were alive around 1890 through 1905 and living in Oklahoma (Indian Territory) at that time, they should be on the Dawes Rolls.
Hi, I’m looking for a distant relative Mahala Showalter. Birth: 30 August 1824, Rockingham, Virginia, United States, Death: 3 February 1902, Wetzel, West Virginia, United States. She married Wenman Wade.
I was told she was a Cherokee and I would like to confirm or not.
Any help you can provide would be helpful. Thanks so much.
My name is Jennifer Marie Fowler and I am looking for my grandma and grandpa’s Cherokee DNA( or family). There names are Betty May Keller(married name Fowler) and Raymond Joseph Fowler. Not sure but think maybe my grandma was not originally a “Keller” and not sure on spelling of that last name either. She had a twin brother named Bill or Bob or Richard Keller. I just remember her teaching us out of these books and learned of buffalo and trail of tears. Just so lost on all this. Some names that I have come across are Jane, Ira, and Ingra Fowler(possibly from Alabama and was moved west to WA STATE in the 1850’s) May Boss my great grandmother supposedly who married a Keller. May Keller is showing as a Sioux Cheyenne tribe but that is who I believed to be Cherokee. I grew up in WA state and believe both grandparents were born in Spokane, WA, even know it says my grandpa was born in Canada I believe it was his dad or mom who was born. Please if you know anything please speak up , thank you
Jennifer Fowler
206-261-0587
Jennifer, may be worth it to know that sioux are usually actually lakota (or Dakota) native amercicans, after doing some research, may be worth it to check out the Census done on native americans , in the late 1800s, as some of them listed the white names that the natives were given.And remember that a great number of people may have gone into hiding due to the orginizations of those awful schools they used to get sent to.I grew up with similar stories and have noticed that the people with limited records have been my best leads. I would start with the person you have a memory of it being, and trace back through their mother’s line. If you have any family members that would have names ect now is a good time to interview them.
I am researching My ancestor George “Old Ned” “Golden Hawk” Sizemore. Born in Wilkes Ashe N Carolina in 1725. Married Elizabeth Jackson in 1742. He passed in 1780 at age 55. His father was William Black Hawk Sizemore ll. Born 1706 in Henrico Virginia, D, 1785 in Mecklenburg VA. There has been alot of confusion to weather they were Cherrokee or Catawba tribe. anu information available would be appriated. Thanks
Ruth,
I too am related to the Sizemores, with Ned being my great grandfather times a few of course. I encourage you to look into the Whitetop Nation for a look at some eye opening information that may shed some light into your lineage and if nothing else, hello cousin.
I’m in the same boat. Cause in 1736 the Hodges family is shown as Cheraws. And I was always told we were cherokee. It’s soooo confusing it drives me Insane.
Guion Miller Roll Search Page isn’t working today. 🙁 Nothing ever comes up. Tried several browsers. Hope it comes back up. Thank you!
It appears to be working fine today Crystal.
It is back not working. Please advice.
It works fine for me. Try a simple search like Smith.
Hello, I am trying to find out about my great grandmother Pearl. I believe her full name would have been Roseanna Pearl Johnson Herrmann. I believe she was Cherokee but would like to confirm this. She was married to my great grandfather Harry Eric Herrmann and they lived in Perth Amboy New Jersey. Thank you any help is greatly appreciated.
Searching for information for my GG grandmother. I have a picture of her and she is American Indian. No doubt. We have been told she is Cherokee. Her name -Mary E. Routen (routon). born 1846-1847 in Kentucky.Married Andrew T. Madole, and seems to have lived in Potawatomi county (Burnett) oklahoma. Her siblings were born in MO, which makes me think they were traveling to oklahoma through KY and MO. I have not found her on any rolls. The story is her husband would not let her, and she is listed as white on the census. She had 15 children i believe, one of her sons , my G grandfather is James A. Madole, married Lula Potts , son Lucian E. Madole is my grandfather. I guess i could go to the Potawatomi county records? Just not sure where to go. Thank you.
I would like to know if I can be enrolled through my ancestors name and number?
Check with the tribe.
Awesome information, I just cant find mine. Henson I have so much history and many pointing to which GG parent was Cherokee, more G mothers suggested than g fathers. My line is Henson, Cash, McKinzie. I am stuck on Lazarus Henson as there are so many. 7 Henson bros married 7 Holder sisters, and apparently each one named a son Lazarus. Mine would include names Nancy Cash, 3rd g g mo. Sarah Black Mckinzie, 4th, Tennessee(Tennie) Smith 2nd. but cant tell which Laz is mine. We have followed trails from Tn to Ga and dates didnt match. But I do have land grants and citizenship, census, in Tn. In Ga the county lines were moved.. Interesting but I found a Philip Henson in Blount Co Al. in Google under Union Spies of the Confederacy, .His Fa was Indian agent in Tn. and all this is in Britanica…Is there any inquiries about any Hensons, Cash(Johnny Cash 3rd g g Mo also). I wold love to share info. My friend Gail Jenkins is author of most all info found.. Thank You for any sugg.
I am searching for my Great Great Grandfather and Great Great Grandmother. His name was W G Weaver I was told he was a Cherokee Chief. He married Martha Evelyn Field or Fields who was Chocktaw. They have one daughter Minnie Elnorah Weaver. Any information would be helpful
Needing information on Mary Ann (Beck) Abercrombie abt 1765-1852. She married James Abercrombie 1765-1820, married abt 1793. Mary was also Cherokee. Mary and James was my 4xggrandparents. Mary was James second wife. He was first married to Nancy Crumley. I was looking for Mary Anns parents. I believe that her father was named John Jeffrey Beck. He was Cherokee. Some reports say he was a Chief. Any information would be greatly appreciated!!! God Bless and Thank You!!!
Also, Im needing information on Esther Stallcup 1857-1946. She was my mothers grandmother and she was full blood Indian. My Mom said she didnr know alot of English therefore couldnt really speak much of it. Mom says that her Grandma was raised by a white family because her parents were killed. Any information would be appreciated!!!!!
My forefathers were rejected Has this tragic abandonment been reversed yet? I am a descendent of Jasper N Vann great great grandfather and John Henry Vann my g grandfather wife was Fronia C Golston. They were from the Cherokee Nation. Fronia s Dad was also Cherokee. Rolls state both Jasper and John Henry Vann never enrolled. Have document from Jasper Vann1 + Vann III that they were enrolled but rejected for not being enrolled??? My Dad was very proud of this relationship of family. My Dad, his parents and great grandparents were denied exceptance. They are all Blood CHEROKEES. Please respond Would like to be able to say I kept my promise with a card. Thank you
This is not information coming from the TRIBE. This is a Genealogical site, that is put the information here to help in your search. Most of these questions would need to be directed to the actual Tribe, not a Genealogy site. 🙂
Hi! I’m researching my family history so I can learn about my lineage and culture. I’ve traced what I hope is a lot to the point of my family moving to FL. I was wondering if any Northern Cherrokkee members were known to move to IT in Florida.
Thank You!
Hello. My name is Barbara. I’ve been working on family tree and trying to get death records for the years 1860-1890 Benton County,Arkansas. Also, vital records for 1800-1860 Georgia and South Carolina. I’m not having any luck because the courthouses were destroyed by fires or tornado. My Mother is an Abercrombie and she’s always wanted to get her Indian card. So…I’ve been trying to help her. She’s 92 years old and the last original (kin folk says) of the Abercrombie clan from James and Mary Ann Abercrombie. Her 3 or 4x grandmother was full blood Cherokee on that side (which was her father’s side) and on her mother’s side, Esther (Easter) Stallcup Abercrombie was full blood Cherokee, which she was my Mother’s grandmother and my great grandmother. Hope all this is making sense. Anyway, if you have any ideas on how I can get these vital record, I would appreciate your input! Looking forward to hearing from you with good news! God bless and thank you!!!!!!
I am searching for any information on Mary Ann Byrd who married Stephen Lankford. She was born in South Carolina about 1800 and died in Telephone, Texas in 1870 where she is buried. She is my husband’s 2nd great grandmother and the story in the family is that she was Cherokee Indian. I need proof that she was Native American. I don’t know who her parents were or anything about her except who she married. If anyone has any info or leads on this, I will really appreciate hearing from you. Thanks for your help.
Check with the Mobile and Washington County Band of Choctaw Indians. They are descended from the Cherokee Nation and were one of the subject families of the Stevens v. Cherokee Nation Supreme Court decision in their favor in 1899 which struck the Indian Citizenship Courts and held that all Indians of the Five Civilized Tribes were effectively communal owners in all lands East and West of the Mississippi. Even though Citizenship in a particular “Nation” may be excluded by whichever constitution in question.
Darby Weaver
The Tribal Leader