This project collects the facts from the fifteen-year-long crusade (Court docket #314) pursued by Margaret J. George, in which she claims that her ancestor Andrew Miller was a Cherokee Indian by blood, who lived in the State of Tennessee among the Cherokee Nation. George and her family later in life lived for years in Indian Territory, and some facts do align for her claim about her father. Yet after several appeals she was ultimately denied her application. Was it just a ruse, a greedy grab for government money? Can modern data analysis techniques provide any insights?

Summary

The work of the Dawes Commission was ultimately a failure for many reasons, but overreliance upon the Cherokee Rolls is surely one of them. The conclusion of the Commission in this case is just one example: "Upon consideration of the testimony offered by the claimants, I am of the opinion that Andrew Miller, the ancestor through whom these claimants trace their claim to Cherokee blood, was a Cherokee by blood, and I so find." Huh?

An exhaustive review of the genealogical material available today yields no reliable evidence to support this conclusion, aside from the testimony of John Hardcastle: While Andrew Miller did indeed live in Tennessee, "among the Cherokee Indians east of the Mississippi," his parents (James Miller and Elizabeth Kincaid) were clearly the descendants of white settlers, not Native Americans. Some erroneously suggest that Andrew's wife was a Cherokee, the daughter of Chief Red Feather Brown Maghpiway Lenape. Most accounts place the life of Chief Brown nearly half a century earlier.

Finally, since they have not shown that the ancestors through whom they claim Indian blood have ever been enrolled as citizens of the Cherokee Nation since the removal of said Nation West, the Commission found, George was denied her claim by the Commission. Paperwork alone seems to have bested her, regardless of whether she was actually a Cherokee. Which, to be clear, she was not.

Meanwhile, this case is dogged by a well recognized issue with "standing witnesses," who took money and invented testimony so frequently that forms were created to highlight how unreliable they were. George relied upon several notorious such people -- Watt/Walter Christie, John Ross (not the former chief!) and the freedman George W. Vann -- further complicating the case.

Supporting Facts

1. 1806: Many historians and genealogists connect Andrew Miller with Nancy Brown, the daughter of Chief Red Feather Brown Maghpiway Lenape of the Cherokee Nation. That marriage would have taken place in Tennessee, rather than Virginia. This connects better with the 1817 Cherokee roll.
2. May 24, 1818: The names Andrew and John Miller are included in the 1817 Cherokee Reservation Roll. The Andrew Miller entry notes "by right of wife." It also include facts that don't align: Choqua, TN. Number in family: 8
3. 1834: The name John Miller can be found in a Cherokee Muster Roll "for Indians who emigrated West of the Mississippi," along with a wife and a family of 3 boys and 3 girls, all under 25. James Miller is also listed -- a male under 25.
4. 1851: An Andrew Miller is listed in the "Drennen Roll" index of Cherokee Nation from 1852.
5. Oct. 19, 1887 - April 9, 1888: In testimony before the county clerk in Benton, Arkansas, John Hardcastle said that he saw Andy Miller wear "Indian" garb and speak Cherokee. A few months later, he gave a deposition to the Commission on Citizenship. Hardcastle's story is confirmed by fact (see bio for details) and is very descriptive, unlike that of standing witnesses, which were often quite formulaic.

Timeline

Initial application to Cherokee Commission on Citizenship

After the Civil War, a large number of intruders, both black and white, settled illegally in Cherokee territory. The Cherokee government was overwhelmed and needed to establish a strategy to maintain identification of its citizenry. After the establishment of the Cherokee Supreme Court in 1869, the eventual development of a citizenship court and commission was completed ten years later. -- Indian Country Today, Dec. 18, 2011.

• Oct. 1, 1884: John Keith statement recorded, clerk's office, Sebastian County, Arkansas. A "John Keith" can be found in period newspapers, but this offers little insight into whether he was a standing witness. Regardless, his story offers little detail.
• Aug 29, 1887 - initial petition filed
• Oct. 19, 1887 - April 9, 1888: In testimony before the county clerk in Benton, Arkansas, John Hardcastle said that he saw Andy Miller wear "Indian" garb and speak Cherokee. A few months later, he gave a deposition to the Commission on Citizenship. He should be believed, it is implied, because he was a relative of Isaac Miller's wife; his aunt was adamant that the Millers were Cherokee. Hardcastle's story is confirmed by fact. (see bio for details).
• Sept. 28, 1888: A statement is given by Green Poland, read aloud before the Commission. Poland (or possibly "Pallan") was likely one of the first so called "standing witnesses," offering only a smidge of data about the date the Millers moved west -- a date that seems accurate, it should be said.
• May 14, 1889: petition to Cherokee Commission on Citizenship is denied

Life in Indian Territory

• January, 1882 Birth of William Turnham, and five brothers and sisters over the next 10 years, in Creek Territory
• Oct. 22, 1892 Birth of Graham Belcher George, Indian Territory (later Oklahoma)
• circa 1892-1896: The granddaughter of Andrew Miller, Sarah Turnham (and her family, one assumes!) live in Creek Nation, Indian Territory, per Dawes Commission Application
• Dec. 9, 1894: Birth of Margaret Lucinda Speer, Indian Territory, Oklahoma
• 1895: Death of Julia George, Indian Township, Oklahoma
• Mar. 12, 1896: Death of Margaret George in Indian Territory (later Oklahoma)
• June 19, 1900: US Census lists John Wesley George and family in Choctaw Nation Indian Territory, OK

Application and appeal to the Dawes Commision

In 1896 a Congressional law was passed that gave the Dawes Commission authority to oversee applications for tribal citizenship into the Five Civilized Tribes – Cherokee, Chickasaw, Choctaw, Creek, and Seminole. Individuals applying for tribal citizenship included:Indians by blood, spouses of Indians, and Freedmen who were former members of the Five Civilized Tribes.

STANDING WITNESSES

• Jan. 7, 1891: A statement by Walter Christie is recorded, clerk's office, Flint District, Cherokee Nation. Christie was a notorious "standing witness," and his testimony must be discarded as likely fictional.
• Jan. 7, 1891: A statement is recorded by John Ross, clerk's office, Flint District, Cherokee Nation. Ross was a notorious "standing witness," and his testimony must be discarded as likely fictional.
• Aug. 6, 1892: G. W. Vann was a notorious "standing witness," and his testimony must be discarded as likely fictional. On this date, he recorded a statement in Crawford County, Arkansas. Vann
• Oct. 29, 1891: A statement is recorded (yes, again) by Green Poland, Sebastian County, Arkansas. Again, Poland is most likely a "standing witness" and unreliable.

COURT DOCUMENTS AND CONCLUSION

• Sept. 8, 1896: Application to the Commission to the Five Civilized Tribes
• Oct. 23, 1896: Application Denied
• Feb. 19, 1897: Robert George appealed to US court in Indian Territory, Northern District at Muscogee on behalf of Margaret, deceased.
• Sept. 8, 1897: N.A. Gibson, special master to the court, concludes that Andrew Miller WAS Cherokee by blood, but because his name is not found in the Cherokee Census Rolls, the case is ultimately rejected and closed.

in June of 1898: Congress passes the Curtis Act, which weakened tribal government and forced the tribes to treat with the Dawes Commission. The 1896 enrollments were scrapped due to inaccurate data.

Claimants

1. Robert George, the husband of Margaret J George, deceased, and their children James T., Isaac C., John W., Julia M., Calvin M., Esther J., Ellen M., and Robert H. George and Sarah Cody and their numerous descendants.
2. Sarah R. Turnham, daughter of Sarah A. Pauley, spouse of William Turnham
3. Martha Jane Miller (daughter of Isaac Miller) & Moses Armstrong Lovelady tried a claim in the 1890s as well.
4. Catherine E Boatright, the granddaughter of Isaac Newton Miller: Case Name: Rhoda A Foley vs Cherokee Nation. Case Number: 107

Documents

individual

• John Knith statement, Sebastian County, Arkansas
• John Hardcastle statement, Benton, Arkansas
• Hardcastle deposition before Commission on Citizenship, Tahlequah, Indian Territory
• Green Poland deposition before Commission on Citizenship, Tahlequah, Indian Territory
• Walter Christie statement, clerk's office, Flint District, Cherokee Nation
• John Ross statement, clerk's office, Flint District, Cherokee Nation
• Dawes Commission application, 1896
• G. W. Vann statement, recorded and notarized in Crawford County, Arkansas, 1892
• Green Poland statement recorded in Sebastian County, Arkansas

bulk files

• Margaret George vs. Cherokee Nation 1: PDF
• Margaret George vs. Cherokee Nation 2: PDF
• Margaret George vs. Cherokee Nation 3: PDF

External References

• Margaret George vs. Cherokee Nation case file, Ancestry.com
• Sarah R. Turnham vs. Cherokee Nation case file, Ancestry.com
• American Indian Records, Oklahoma Historical Society
• Native American Heritage @ The National Archives: The Dawes Commission
• The Cherokee Commission, 1889-1893

The Henderson Rolls, 1835

• Map of Cherokee Nation, 1884
• Information on the Henderson Rolls, also known as the Cherokee Rolls of 1835, aka The Trail of Tears Roll
• Full text scans

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Updates:

• 9/24: DONE Uploading individual documents and testimonials from case file.
• 9/25: DONE Need to add / create profile for John Hardcastle -- data here
• 9/26: 'DONE Need to add Green Poland -- is this him? Note race given as black, but that isn't mentioned in the deposition, a strange thing to overlook.
• 9/27: Mary E. Wright, 1/8 Cherokee? -- daughter of Sarah Pauley?
• 9/29: John Hardcastle profile created, and Census records corroborate some of the testimony. He did live in Cooper or Cole Missouri at the same time as the Millers and likely knew them. Still need to resolve "Aunt Betsy".
• 9/30: working on GW Vann. Note: George Vann.
• 10/1: GW Vann profile created, bio fleshed out. Apparently a freed slave of the Cherokee.a relatives may have been the second Cherokee Freedman councilman, perhaps explaining why his testimony was important here.
• 10/5: Need to add Walter Christy and John Ross deposition, and dig up info on Christy, Ross, and "John Knitts" or whoever that is
• 10/19: The Discovery of the Thoughts From Polly's Granddaughter blog sheds fresh light on this project. No wonder the Dawes Commission rejected the application! GW Vann, John Ross, and Watt Christie were wknown for lying on the witness stand. And Green Poland exactly fits the mold of such witnesses. Yet John Hardcastle's testimony is completely corroborated -- what now?