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Generation One

Undocumented so far parents of Chulio Shoeboot:

Children of Undocumented Parents:

1. Tuskingo / tishingo / tuskihijo (son Chief Chulio Shoeboot)
2. Tekasteskee / Ta, ke, ste, skee (Daughter)
3. Peggy (Daughter)
   Source: Tekasteskee and Peggy petitioned the National Council to grant citizenship for their nephew's William and Lewis Shoeboot, and heir mother Dolly.

Generation Two

Cherokee Chief Chulio Shoeboot married (1) Clarinda Ellington before 1796. In 1792 Clarinda, age 12, was captured in the last Kentucky Indian raid at Morgan's Station. Before 1796 Chief Shoeboot took Clarinda for his wife. After Clarinda escaped back to her family in Kentucky, taking their three children with her. Chief Shoeboot then married his slave (2) Daul/Doll/Dolly. Chief Shoeboot died 11 November 1829 "at the Thompson Ferry on the Hightower River" (Published Cherokee Phoenix Newspaper) and is buried near Rome Georgia. Clarinda died 1842 - 1845 in Scotland County, Missouri. Clarinda was born about 1780 in Virginia.

Chief Shoeboot and Clarinda Ellington/Allenton children were (took their mother's surname):

1. John Ellington born abut 1796 in the Cherokee Nation.
2. Sarah "Sallie" Ellington born n the Cherokee Nation about 1797 married Robert Stephens.
   
   Child of Robert Stephens and Sarah "Sallie" Ellington (documented):
                   a.   William Stephens William Stephens is documented as having at least one
                               child named Mattie J Stephens. Mattie married Mr. Ayers. Mr Ayers
                               and MattieStephens are documented having at least three children:
                                1. Stephen G Ayers, 2. Jacob S. Ayers, and 3. Mattie Ayers.
   
   
3. William R. Ellington born October 17, 1798 in Georgia, Cherokee Nation, married Martha A. Long before 1843. William and Martha raised their family and died in Bosque County, Texas. (Click on William for his Webpage and children)
   

Chief Shoeboot and Daul/Doll/Dolly's children were:

It should be noted that Dissertation of © 2001 Tiya Alicia Miles"Bone of my Bone" of Shoeboot and Dolly is controversial. While Ms. Miles and other researchers versions may vary "Bone of my Bone" has much documentation that is helpful in this family's genealogy. Ms. Miles emphasis on Shoeboot and Dolly was the Black - Cherokee relationships and treatment of blacks and slavery among the Cherokee. - Ray Anderson

4. Elizabeth Jane ( Eliza, Lizza Jane) Shoeboot born 1807 in Georgia, Cherokee Nation. Married a Jordan Ross who was born VA abt 1799 to 1804. (Renee Perkins) Elizabeth was 17 years of age on October 20th, 1824 by Capt. Shoe Boot's petition to free his three slave children. She was granted Cherokee citizenship by the Council's decision on 18 November 1824 of Shoeboot's petition.. In spite of this in 1830 Elizabeth was enslaved by a Georgia white man "Wofford". Wofford sold Elizabeth and eventually she became the property of George Lavender. George Thompson then secured Elizabeth and her daughters freedom from Lavender by February of 1837 for an amount of 2,000.00. Elizabeth returned to the Cherokee Nation a free woman and inherited her father's (Shoeboot's) home and farm on the Etowah River in 1836. Elizabeth would lose her home and land and be pushed west on the "Trial Of Tears". (Bone of my Bone)
   
   More about Elizabeth Shoeboot: The Drennen Roll of 1851 listed those who migrated west, known as Oklahoma today, with the forceful removal from the Cherokee Nation on the "Trial of Tears". "Lizzy Boot" is listed with her dependents; Ail-se, Sally, Lotty, Morrison, Dahsegahyahge . (Bone of My Bone P182)
   
   Children of Jordan Ross and Elizabeth Jane Shoeboot:
   
1. Robert F Ross (twin of Eliza Ross) Indian name dasigiyagi ( as seen on the drennen roll) (Renee Perkins)
2. Eliza Anne Ross (twin of Robert Ross) Indian name chahwahyoocah ( as seen on the drennen roll) (Renee Perkins)
   
   
5. John Shoeboot was born about 1813. John was 11 years of age on October 20th, 1824 by Capt. Shoe Boot's petition to free his slave children. He was granted Cherokee citizenship by the Council's decision on 18 November 1824 of Shoeboot's petition. In spite of this in 1830 John was enslaved by a Georgia white man "Wofford"..John, unlike his sister's, did escape back to the Cherokee Nation. By 1836 John had married a Cherokee woman called "Commenoula". In "Bone of my Bone" John lived with her sister Elizabeth at Shoeboot's farm Elizabeth had inherited or may have owned his own farm nearby.. (Bone of my Bone)
   
   Child of John Shoeboot and Commenoula:
   

   1. Mary Shoeboot



6. Mary/"Polly" Shoeboot born in Georgia, Cherokee Nation about 1817. Polly was 7 years of age on October 20th, 1824 by Capt. Shoe Boot's petition to free his slave children. She was granted Cherokee citizenship by the Council's decision on 18 November 1824 of Shoeboot's petition. In spite of this in 1830 Polly was enslaved by a Georgia white man "Wofford". In "Bone of my Bone" Polly eventually found her way back to the Nation and lived with her sister Elizabeth at Shoeboot's farm Elizabeth had inherited. (Bone of my Bone)
   
   More about Polly Shoeboot: The Drennen Roll of 1851 listed those who migrated west, known as Oklahoma today, with the forceful removal from the Cherokee Nation on the "Trial of Tears". "Polly Boot" is listed with her dependents; Mirah, Eliza, Hammer, Louisa, Lizzy, Mary, Chahwahyoocah. (Bone of My Bone P182)
   
   
7. Lewis Shoeboot (twin to William Shoeboot) born in Georgia after 1824 about 1827, Cherokee Nation. Since Lewis was born after Shoeboot's petition to the Council he was not granted Cherokee Citizenship as his older siblings were. Lewis's aunt's petitioned the National Council and they voted to free Lewis and William but the National Committee refused to concur. Lewis lived with one of his Aunt's and considered her slave according to the historical account of William McLoughlin. In "Bone of my Bone" Ms. Miles writes that at the age of sixty-seven Lewis's brother, William, recalled that in the early 1830's he and Lewis were held as slaves then they were separate and William never seen Lewis again. In "Bone of my Bone" Levi eventually returned to the Nation and lived with his sister Elizabeth at Shoeboot's farm that Elizabeth had inherited. (Bone of my Bone)
   
   
8. William Shoeboot (twin to Lewis Shoeboot) born in Georgia after 1824 about 1827, Cherokee Nation. Since William was born after Shoeboot's petition to the Council he was not granted Cherokee Citizenship as his older siblings were. William's aunt's petitioned the National Council and they voted to free Lewis and William but the National Committee refused to concur. William lived with one of his Aunt's and considered her slave according to the historical account of William McLoughlin. William and his mother, Dolly, eventually became the property of Cherokee Chief Major Ridge, Shoeboot's neighbor. In "Bone of my Bone" Ms. Miles makes a case that Dolly remained at the status of slave where William was considered free due to his Cherokee blood. William and Dolly traveled west with Major and John Ridge. Dolly served as Mrs. Ridge's private servant and William was expected to learn the trades carpentry and blacksmith. The Ridge family settled in Honey Valley (Oklahoma). William filed his own petition to the Cherokee Nation in 1888. "Cherokee Nation citizenship petition of William Shoeboot son of Dolly." In William's 1888 petition to the Cherokee Nation he claimed his mother was a free woman and he was born free. (Bone of my Bone)
   

   Children of William Shoeboot in 1888:

   1. Lizzie Davis Shoeboot 32 yeaes old
      
   2. Wille Shoeboot 28
      
   3. Rufus Shoeboot 23
      
   4. Flora Shoeboot 19
      
   5. "[John]" Shoeboot 17
      
   6. Jim Shoeboot 14
      
   7. Sopha Shoeboot 13
      Source for Shoeboot and Dolly's children and William Shoeboot's children is the 1888 Cherokee Nation citizenship petition of William Shoeboot son of Dolly. (Bone of my Bone)

Moninne Hardie  la_meika_dare@hotmail.com	Renee Perkins perkinsj@getgoin.net	Julie Douglas White jewhite1@hotmail.com
	Mary Whittington Anderson

1899

http://www.utulsa.edu/law/classes/rice/USSCT_Cases/0000_Frames_Index.htm
Stephens v. Cherokee Nation, 174 U.S. 445, 19 S.Ct. 722, 43 L.Ed. 1041 (1899)
Personal Comment: United States Supreme Court Appeal case where William Stephens is seeking his Cherokee Citizenship in Oklahoma. William Stephens was a grandson of Chief Shoeboot through William Ellington's sister Sarah "Sallie". Chief Shoeboot and Clarinda Ellington had three children: William, John, and Sarah. I understand William Stephens won his appeal.

1879

Personal Comment: William Stephens making early application in 1879 makes reference to his uncle, in Bosque County, Texas, William "Allenton" / Ellington / Allington.:

Before the Cherokee Commission on Citizenship
Fort Gibson, Cher Nation
April 22nd 1879

Case of William Stephens claiming citizenship
Vs
Cherokee Nation

Claimant respectfully represents that he is a Cherokee Indian by blood derived from his mother whose maiden name was Sarah Allenton, who was the daughter of Clarinda Allenton, who (claimant's Grandmother on the mother's side) was the wife at one time of a well-known Cherokee named Shoe-Boot whose Indian name was well known in the War of 1812 with the Creeks and the United States. Claimant's Grandmother aforesaid was a white woman taken by the Cherokees during one of their early forays,afterwards taken by the said Shoe-Boot as his wife, and finally discovered, or was discovered by, her family to whom she returned with children of herself and Shoe-Boot one of which children was claimant's mother, then quite young.

Claimant's own uncle William Allenton, now living in Bosque County near Clifton Mills, P.O. Texas, was recognized as a Cherokee by the Old Settler Cherokees and drew Per Capita as such at their payment of 1851-2 for himself and family and to the record of such fact as well as to himself, claimant respectfully refers--his (claimant's) said uncle claiming and being recognized as the son of said Shu-Boot a well known Cherokee.

Respectfully submitted
William Stephens

William R. Ellington born October 17, 1798 in Georgia, and died October 13, 1893
is buried in Boggy Cemetery in Bosque County, Texas near Clifton (Mills).

1804

SETTLERS AND INTRUDERS ON CHEROKEE INDIAN LANDS 1801-1816

Abstracted from the Records of the Cherokee Agency in Tennessee: Correspondence and Miscellaneous Records. National Archives Microcopy M-208, Rolls 1-7, 13.

Transcribed by Janelle Swearingen 1989

Roll 2, 1803-1804

The said Cherokee man named Tuskingo or Shoeboots being brought before the Agent with the said Clarinda & their three children & questions being first put to the woman etc.

Mr. Samuel Graham & Mr. David Rice having come into the Cherokee Agency to endeavor to obtain the liberation of a woman named Clarinda Ellington now the wife of a Cherokee man, she having been when a small child taken as a prisoner by the Shawnees. This Cherokee man named Tuskingo or Shoeboots being brought before the Agent with the said Clarinda & their three children & questions being first put to the woman. Do you wish to return to your friends in Kentucky? Answered Yes, If I can carry my Children. And the following question being put to the Cherokee man. Are you willing to let Clarinda Ellington the woman you call your wife go with her Children to see her friends in Kentucky? Answered No, If my children are taken away I shall look on it the same as if they were dead. And the said Clarinda therefore declines going to see her friends as she cannot leave her children. The said Tuskingo says that he saved her life at the time she was taken, & therefore thinks he has a right to keep her as his wife. It appears that Tuskingo is a man of very considerable property. October 19th 1803. SouthWest Point. Return J. Meigs.

December 17, 1811 and February 17, 1812:

A fascinating piece of work by Copyright © 2001-2003 by Jerry Trivette
Mr. Trivette writes: "Appalachian Summit: a documentary history is a work in progress. With the exception of short introductions, all of the text is drawn from primary sources. Rather than write a history of the area, I have attempted to let that history unfold in the words of those who experienced it. New chapters will be posted when finished. "

Excerpts from Appalachian Summit Chapter 23. Visions:

"Springplace Diaries"

"December 17, 1811:... In the evening during heavy rain, we had the pleasure of seeing coming here to us our former pupil Tommy with his father [Chief Chulioa, Shoeboot] and our friend Chu­lioa and his wife. They also were in deepest perplexity and fright because of the earth­quake. " (Some researchers believe Tommy is a nephew not a son to Shoeboot - Ray Anderson)

"February 17, 1812: The Shoeboot [Chulioa], confessed his perplexity in regard to the unusual earthquakes here in the land and said in a very emphatic way that many Indians believe that the white people were responsible because they had already taken possession of so much of the Indian land and wanted still more."

Read this fasinating work and Full Text at:
http://appalachiansummit.tripod.com/chapt23.htm

-------------------------------

More William Stephens Documentation Here

I'm sorry for the delay in returning your email...I would love to correspond
with you in regards to our family...maybe we can solve the mystery together.

I have very little information on William or Martha. All I have is that
Martha was born in Virginia. If my mind serves me correctly, I believe it
was Brenda Lowry that shared her knowledge with me. At some point we
thought that Williams mother was Clarinda Ellington/Allington....Father -
Chief Chulio Shoeboots. I am questioning this because the date for the
birth of their child (William Shoeboots Ellington) was between the years of
1793-1803. This would mean William Shoeboots Ellington would have been
between the age 51 t0 61 when Austa Tennessee Ellington was born. She was
born November 9, 1854. I hope you can understand all of my mumble
jumble...I don't think it is possible that our William Ellington is related
to Clarinda or Shoeboots...unless there is more out there that I don't know.

Martha Long....is she listed as the mother of Austa on Austas death
certificate?

I am at a stand still with this family...if you can enlighten me, I would
greatly appreciate any information you would be willing to share. Lets keep
in touch.

Sincerely, Moninne Hardie

9-27-03
Moninne

Thank you for your response. I never knew my grandmother Lou Richardson
Whittington had such a large family. All I knew of personally was her
sister Maude. Raymond, my husband, has been doing the research this pass
week so I'm going to let him explain what he has found.

How are you related to John and Austa?

Mary

Monnie
This is Ray, I have identified Martha's parents as William R. Ellington and
Martha A. living in Bouque County Texas in 1880. They're living about 6 houses down
from John L and "Ansta" Richardson on the 1880 census.

I don't know if this William Ellington is Chief Chulio Shoeboots but this
old fellow (William Ellington) is documented still having children at the age of 67. On the
census he is "81" in 1880, born October 17, 1798, Martha "50" was born February 22,
1828. According to the census William and Martha's youngest child (George
Ellington) was born ABT 1866 and was 14 years old in 1880. Austa fits in easy, I'd think
to most folks disbelief. I had not realized William's age difference until after reading
your email, so I checked out the dates.

William "R" and Martha "A"'s above birth and death dates are from their
headstones which agree enough with their ages in the 1880 census.

Yes, "Martha Long" is listed on Austa's death cert.as her mother.
John's mother is just simply "(Hart)". No father for him.

What genealogy computer program do you have?
We have Family Tree Maker v10 I need to know so I can generate a GEDCOM file for you.

There is more, so I will have to generate a GEDCOM file for you,
if you have a family tree program. What I have recorded needs
proofing to remove typos and errors. I have see big difference in
the research I found on the Internet for John and Austa's children
with what's on the census sheets. The difference must be a mixture
of nicknames and/or misspelled names on the 1880, 1910 census sheets
and the research we found on the internet. The familieson the two census
sheets is John and Austa's family without a doubt.

Sounds like Mary has an interesting family. I was over in San Angelo at ASU
working on my family this week and their just happen to be the
cemetery books for Coleman Co. laying on the table next to me. I looked
the Richardson's up and since my Smith line has been brickwalled
for a while I thought I'd look into the Richardson's. I was amazed
at what I came up with so I decided to pursue the line with Mary.
She had always wondered about her family.

We found the Whittington line only a few years ago. Leon "Whitt"
Whittington (Mary's father) is almost 80 and he doesn't remember much about family
details anymore, so we have had to depend on what we can mine by research and
getting information from other relations doing research.

We look forward to working with you on the Richardson line.
The Native American part is very intriguing. Mary and I were
doing Native American research for my family at the Federal
Reserve in Ft. Worth, while on vacation, just last week. She
checked to see if her grandmother or Maude had ever filed
to claim their Indian blood, but we didn't see anything on them.
We had heard they had tried once.

All this will make more sense after you've seen the GEDCOM file.
Ray

9-27-03
Moninne

I did some research on Chief Shoeboot today on the internet.

The William R. Ellington I wrote of in Bosque Co. Texas is
the right age to have been Chief's son, William.

I found these postings during the search: (quote)
"" In Reply to: Re: Chief Shoeboots/Tishingo by: Renee Perkins

I have some information concering Chief Shoe Boots and Clarinda Ellingtons
children. They are William, Sarah (Sallie) and John Shoe Boots (Shu-Boots)
Sally married a Stevens (Stephens) and her son William Stephens applied for
citizenship w/ the Cherokee Nation CHM-58. Before the Cherokee Commission on
Citizenship Fort Gibson, Cher Nation April 22nd 1879. Shows his mother's
maiden name as Sarah Allenton, who was the daughter of Clarinda Allenton.
They spelled it a few different ways. It says Clarinda was married to a
well-known Cherokee named Shoe-Boots whos Indian name was well known in the
War of 1812 w/ the Creeks and the U.S. When Clarinda left w/ their children
Chulio (Shoe Boots) considered them dead, but when he was old himself,
changed his words, concerned about the children. It says teh Claimant's own
Uncle WIlliam Allenton, now living in ***Bosque Co.*** near Clifton Mills,
Tx. was recognized as a Cherokee by the Old Settler Cherokees and drew Per
Capita as such at their payment of 1851-2 for himself and family and to the
record of such fact as well as to himself. refers his uncle (Claimants)
being recognized as the son of Shu-Boots. "" (end quote)

*Allenton*is another spelling for Shoeboot's *Ellington*

William and Martha Ellington's graves are enclosed within a fence with
a "Perpetual Care Sign". I wrote the cemetery list individual
and ask if they knew what the sign was about. I have not heard
back from her at this time.

Sincerely

Mary - Ray

Mary,

I can't help you much with the ancestors but I can give you a little supplemental information on this family. William and Martha had additional children besides the ones you mentioned. In the 1870 Bosque census, the following are listed under William and Martha: Rebecca (b.ca1843), Abraham (b.1849), Osta T. (b.1854), Safrona (b.1857), William (b.1858), Mary E. (b.1861), and George A. (b.1865). Additionally, three other children are listed after these: Francis (b.ca1860), Mary T. (b.ca1862), and William (b.1867).
These last three are probably children of a brother to William Ellington, but I have no idea what the brother's name might be.
In a separate household, but living next to William is a Nancy Ellington (b.ca1849) with a child Martha (age 7 months). This is probably a wife to one of his sons (son's name unknown).

Interestingly, Iva (who is in the 1880 census) is not listed in the 1870 census for some reason.

William and Martha also had an adopted son named Charles who was supposedly the son of one of William's sisters. Charles' natural father was Cherokee.

Bruce Wiland

My G Grandmother's name was Austa Tennessee Ellington who was born on
November 09, 1854. I suspect that Osta T. (1854) you list for the 1870
census is her. She married John L Richardson about 1874 and in the 1880
census they live about 6 houses from William and Martha. One or both of
Austa's parents are claimed to be of Indian hertiage.
I noticed that John and Martha's graves have a "Perpetual Care Sign" and are
fenced in. Do you have any information about whom cares for the grave or
what the sign signifies?
Thank you for your help, I do appericate it very much.
Mary Whittington Anderson
adunits@pair.com

------------------------------

Mary,

Yes, I am certain the Osta T. is Austa Tennessee. Her name is also given as
Osta in the Bosque County marriage records (married 15 Oct 1873). I do not
know what the Perpetual Care sign means. I would suggest you contact the
Bosque County Collection. They may know. Their email address, postal
address, and phone number can be found at their website
(http://www.htcomp.net/bcc).

I maintain a large database of descendants of persons that have lived in
Bosque County. If you have a GEDCOM of descendants of William and Martha
Ellington that you would be willing to contribute, I would like to add it to
my database.

BruceWiland

More Documention About William Stephens
Nephew to William R. Ellington

April 22nd 1879

Cherokee Citizenship Applications
CHM-58 (Okla Hist Soc microfilm)

Before the Cherokee Commission on Citizenship
Fort Gibson, Cher Nation
April 22nd 1879

Case of William Stephens claiming citizenship
Vs
Cherokee Nation

Claimant respectfully represents that he is a Cherokee Indian by blood derived from his mother whose maiden name was Sarah Allenton, who was the daughter of Clarinda Allenton, who (claimant's Grandmother on the mother's side) was the wife at one time of a well-known Cherokee named Shoe-Boot whose Indian name was well known in the War of 1812 with the Creeks and the United States. Claimant's Grandmother aforesaid was a white woman taken by the Cherokees during one of their early forays,afterwards taken by the said Shoe-Boot as his wife, and finally discovered, or was discovered by, her family to whom she returned with children of herself and Shoe-Boot one of which children was claimant's mother, then quite young.

Claimant's own uncle William Allenton (Ellington), now living in Bosque County near Clifton Mills, P.O. Texas, was recognized as a Cherokee by the Old Settler Cherokees and drew Per Capita as such at their payment of 1851-2 for himself and family and to the record of such fact as well as to himself, claimant respectfully refers--his (claimant's) said uncle claiming and being recognized as the son of said Shu-Boot a well known Cherokee.

Respectfully submitted
William Stephens

William R. Ellington born October 17, 1798 in Georgia, and died October 13, 1893
is buried in Boggy Cemetery in Bosque County, Texas near Clifton (Mills).

June 25th 1879

Before the Court of Commission On Citizenship sitting at Tahlequah Cher. Nation
June 25th 1879

In case of
William Stephens claiming citizenship
Vs
Cherokee Nation

Comes claimant on this day and respectfully represents to the Commission that he did file his claim before the National Council in or before the year 1873 with testimony in support of his said claim, and submits autograph letter of J.B. Jones U.S. Agent at that time as proof that said claim was filed. No action being taken by the Council, to claimant's information, and claimant not having been cited to appear before this commission, claimant did voluntarily appear and file his claim to be recognized as a citizen before this Commission in April last 1879 and his case was set to be heard, as claimant understood at the time and afterwards, on the 24th day of June 1879, on which day he duly appeared to present his claim and provide such additional testimony to that submitted by him to council as should be necessary and required to prove the same. But claimant finds that and has found upon inquiry that his evidence submitted by him to Council has not been transmitted to, and has not been in the hands of this Commission, and furthermore that, according to the record of proceedings had in his case before the Commission, the time fixed for treat of same was the 3rd of June, instead of the 24th, as claimant had understood and believed and that an account of his non-appearance and no evidence coming before or being transmitted to the Commissioner as proof of his said claim for citizenship--judgment of non pros has been ordered against claimant.

Claimant is prepared and offers to be questioned to the facts of this statement and prays for such mitigation of said judgment, and such just action of this Commission in the [unreadable] as will relieve him from the consequences of being put in the position of not prosecuting his claim, on account of his error as to the date of the above stated.

Respectfully submitted
William Stephens
Per atty W.P. Boudinot

CHM-58 (Okla Hist Soc microfilm)
[printed form filled out by hand]

To the Honorable National Council: Your petitioner respectfully and earnestly represents that [he is] Cherokee Indian by blood, deriving the same from [Tah-see-key-yaw-ga or Shoe Boots who died before the treaty of 1835] whose name will be found on the "authenticated rolls" of Cherokees by blood, taken in the years 1835, 1846, 1852 and 1853 (all dates were crossed out by the completer of the form); the same to be submitted to your Honorable Bodies, for a FULL and complete investigation, and if found correct, as stated, to be granted all the rights, privileges, and immunities of other Cherokee citizens.

Respectfully submitted,
William Stephens

May 15, 1899.

Appeal to the Supreme Court of the United States (Partial)
Stephens v. Cherokee Nation, 174 U.S. 445, 19 S.Ct. 722, 43 L.Ed. 1041 (1899)

STEPHENS et al.
v.
CHEROKEE NATION.

CHOCTAW NATION
v.
ROBINSON.

JOHNSON et al.
v.
CREEK NATION.

CHICKASAW NATION
v.
WIGGS et al.

Nos. 423, 453, 461, 496.
Supreme Court of the United States
May 15, 1899.

Appeals from the United States Court in the Indian Territory.

---Cut---

No. 423. Stephens et al. v. The Cherokee Nation.

William Stephens, Mattie J. Ayres, his daughter, Stephen G. Ayres, Jacob S. Ayres, and Mattie Ayres, his grandchildren, *469 applied to the Dawes commission for admission to citizenship in the Cherokee Nation, August 9, 1896. The nation answered, denying the jurisdiction of the commission, and on the merits, and the application was rejected, whereupon applicants appealed to the United States court in the Indian Territory, Northern district, where the cause was referred to a special master, who reported, on the evidence, that the applicants were Cherokee Indians by blood. The court (Springer, J.) accepted the findings of the master that William Stephens was one-fourth Indian and three-fourths white; that he was born in the state of Ohio; that his father was a white man, and a citizen of the United States; that his mother's name was Sarah, and that she was a daughter of William Ellington Shoe-Boots, and that her father was known as Capt. Shoe-Boots in the old Cherokee Nation; that his mother was born in the state of Kentucky, and that she moved afterwards to the state of Ohio, where she was married to Robert Stephens, *470 the father of

William; that William Stephens came to the Cherokee Nation, Ind. T., in 1873, and has resided in the Cherokee Nation ever since; that soon after he came to the Cherokee Nation he made application for his mother and himself to be readmitted as citizens of that nation; that the commission who heard the case was convinced of the genuineness of his claim to Cherokee blood, and so reported to the chief, but rejected his application on a technical ground; that the chief, in a message to the council, stated that he was convinced of the honesty and genuineness of the claim, and wished the council to pass an act recognizing Stephens as a full citizen; but this was never done. The court, referring to the master's report, said:

'It is further stated that he has improved considerable property in the nation, and has continuously lived there as a Cherokee citizen, and at one time was permitted to vote in a Cherokee election. It appears from the evidence in the that this applicant comes within the following provision of the Cherokee constitution: 'Whenever any citizen shall remove with his effects out of the limits of this nation and becomes a citizen of any other government, all his rights and privileges as a citizen of this nation shall cease: provided, nevertheless, that the national council shall have power to readmit by law to all the rights of citizenship any such person or persons who may at any time desire to return to the nation on memorializing the national council for such readmission.' There was a provision precisely similar to this in the constitution of the old Cherokee Nation as it existed prior to the removal of the tribe west of the Mississippi river. The provision just quoted is from the constitution of the Cherokee Nation as now constituted.

'The mother of the principal claimant, as heretofore stated, was born in the state of Kentucky, and from that state she moved to the state of Ohio, where she married the father of the principal claimant in this case. Her status was then fixed as that of one who had taken up a residence in the States. She had ceased to be a citizen of the Cherokee Nation, and she cannot be readmitted to citizenship in the nation except by *471 complying with the constitution and laws of the nation as declared by the supreme court in the case of the Eastern Band of Cherokee Indians against the Cherokee Nation and the United States.

'The master states the claimant was rejected by the commission of the Cherokee Nation upon a technical ground. The ground upon which the decision was based was that the names of the claimants did not appear upon any of the authenticated rolls of the present Cherokee Nation or of the old Cherokee Nation. The commission which passed upon his application was created under the act of the council of December 8, 1886.

'Robert Stephens, the father of the principal claimant in this case, was a citizen of the United States and a resident of the state of Ohio, and the mother of the claimant William Stephens had abandoned the Cherokee Nation, and ceased to be a citizen thereof. Therefore the principal claimant, at the time of his birth, was a citizen of the United States, taking the status of his father. I doubt whether he could become a citizen of the Cherokee Nation without the affirmative action of the Cherokee council. The evidence fails to disclose that he has ever applied to any of the commissions that had jurisdiction to admit him as a citizen of the Cherokee Nation. The commission to which he did apply for enrollment as a citizen of the Cherokee Nation having held that his name did not appear upon any of the Cherokee rolls of citizenship, his application was rejected. He never having been admitted to citizenship as required by the constitution and laws of the Cherokee Nation, the judgment of the United States commission rejecting this case is affirmed, and the application of the claimants to be enrolled as citizens of the Cherokee Nation as denied.'

Judgment affirming the decision of the Dawes commission refusing applicants' enrollment and admission as citizens of the Cherokee Nation was entered December 16, 1897, whereupon a motion for rehearing was filed, which was finally overruled June 23, 1898, and judgment again entered that applicants 'be not admitted and enrolled as citizens of the Cherokee Nation, Indian Territory.' From these decrees applicants prayed *472 an appeal to this court August 29, 1898, which was allowed, and perfected September 2, 1898, and the record filed here October 3, 1898.

Full Text is at:
http://www.utulsa.edu/law/classes/rice/USSCT_Cases/0000_Frames_Index.htm
Stephens v. Cherokee Nation

"Daughter of Shiloh"
Copyright © 2000 Ilene Shepard Smiddy

This historical novel is based on the life of young Clarinda Allington/Ellington, taken captive by Indians in 1793. She was kept twelve years in the Cherokee nation by a handsome and powerful war chief named Chulio Shoe Boots, who she thought to be her savior. . The book can be puchased from 1st Books Library, a on demand publisher.

As of 10-18-2003 the prices were Electronic Book for $4.95, Soft Cover ISBN 0-7596-0-051-1 for $11.95, and Hard Cover ISBN 1-5882-0-929-6 for $16.95.

Oder Information: Call 888.280.7715 or Visit Website www.amazon.com and search for ISBN ISBN 0-7596-0-051-1 or ISBN 1-5882-0-929-6

"Bone of my Bone"
'Story of a Black-Cherokee Family, 1790 - 1866'
Dissertation of © 2001 Tiya Alicia Miles

"The two figures who stand at the center of this history -- Shoe Boots, a Cherokee war hero , and Doll, his African American slave and wife -- multiplied and disintegrated the harder I searched for them." Tiya Alicia Miles

Proquest Information and Learning 300 North Zeeb Rd PO Box 1346 Ann Arbor MI. 48106-1346 Phone 800-521-0600 I would suggest ordering the paper copies which are about $35.00 + plus. Also offered to me was Soft bound $60.00 + plus and Hard bound $90.00 + plus. The print in my bound book is very small, I had to use a magnifying glass to read the copy I ordered. With unbound paper copies I could have increased the print size with my copying machine. Ray Anderson