Transcription of the application No. 9572 of James A. Thompson to the Guion Miller Commission for share of money appropriated for the Eastern Cherokee Indians.

Transcriber’s Notes

Transcribed from images of a file of documents: original images located on Family Search.

Transcribed 6 Dec 2021 by James Cox. Transcribers notes: The handwriting, capitalization, and punctuation in this material was very bad. Some of the typewritten documents were palimpestuous with handwriting showing through from the back. So a clean transcript seems useful.

I corrected some spelling and inserted some punctuation for clarity, but mostly left it as written. In some areas, the writing seems clear, but the meaning was not clear to me. Handwritten items on forms are styled with italics. Pre-printed or typed forms are not italicized. Items in [brackets] are my notes and not literal transcriptions.

James A Thompson was about age 79 when going through this application process.

Entirely handwritten letters are not italicized. Individuals named are in bold.
“Swayne County” NC is Swain County, in Western NC, on the Tennessee Border.

Related Applications

9570 - Application of James’ wife, Nancy Ann (Battle) Thompson

22812 - Duplicate application for James A. Thompson (not identical)

22813 - Duplicate application for Nancy Ann (Battle) Thompson (not identical)

30094 - Application of James’ daughter, Mrs. Julia E Jackson

Transcription Begins Here

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Rejected Neither applicant nor ancestors ever enrolled. Does not establish fact of descent from person who was a party to the treaty of 1835-6 and 1846.

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(Received Jan 8, 1907)

Commissioner of Indian Affairs, Washington, D. C.
SIR:
I hereby make application for such share as may be due me of the fund appropriated by the Act of Congress approved June 30, 1906, in accordance with the decrees of the Court of Claims of May 18, 1905, and May 28, 1906, in favor of the Eastern Cherokees. The evidence of identity is herewith subjoined.

English name: Jas. A. Thompson

Indian name: Cherokees call us (Tomsy)

Residence: Kansas Ind Ter

Town and post office: Kansas I. T.

County: Deleware

State: Ind. Ter. or Okla

Date and place of birth: Oct 4th 1826(?) Eighteen Hundre 29[?]

By what right do you claim to share? If you claim through more than one relative living in 1851, set forth each claim separately: Only one.Hister Black a. 1/4 Cherokee one fourth Cherokee my Grandmother

Are you married? Yes

Name and age of wife or husband: wife Eighty years old #9570

Give names of your father and mother, and your mother's name before marriage.

Father-English name: Thompson

Indian name: Tomsy

Mother-English name: Millsap[Millsay?]

Indian name: don’t know

Maiden name: Millsap[?]

Where were they born? now Swayne Co. N.C.

Father: Swayne Co. N.C.

Mother: Swayne Co. N.C.

Where did they reside in 1851, if living at that time? living in said Co

Father: Swayne Co N.C. it was Jackson Co. ~ [?]

Mother: the same

Date of death of your father and mother —

Father: in the year 1872

Mother: in the year 1868

Were they ever enrolled for annuities, land or other benefits? if so, state when and where: don’t know

Name all your brothers and sisters, giving ages, and if not living, the date of death: none

State English and Indian names of your grandparents on both father's and mother's side, if possible:

Father’s Side: Eng. Thompson, Ind. Name (Tomsy)

Mother’s Side: Millsap

Where were they born? in now Swayne Co N.C.

Where did they reside in 1851, if living at that time? Swayne Co North Carolina

Give names of all their children, and residence, if living; if not living, give dates of deaths:

English name: don’t know

Have you ever been enrolled for annuities, land, or other benefits? If so, state when and where:

my father said he would have me enroled when I was small. See rolls of 35-6.

To expedite identification, claimants should give the full English and Indian names, if possible, of their paternal and maternal ancestors back to 1835: Hester Black Ind. name (Ka Ne Kah)

REMARKS. (Under this head the applicant may give any additional information that he believes will assist in proving his claims.)

Our proofs on file at Muskogee I. T. [Indian Territory] give proofs I couldn’t now give several old Cherokees and white witnesses deceased since taken that knew them

I solemnly swear that the foregoing statements made by me are true to the best of my knowledge and belief.

Jas. A. Thompson
27 day of December 1906

AFFIDAVIT. (The following affidavit must be sworn to by two or more witnesses who are well acquainted with the applicant.)

Personally appeared before me Geo. W. Cockran and John W Thompson, who being duly sworn, on oath depose and say that they are well acquainted with James A. Thompson who makes the foregoing applications and statements, and have known him for 30 years and 35 years, respectively, and know him to be the identical person he represents himself to be, and that the statements made by them are true, to the best of their knowledge and belief, and they have no interest whatever in this claim.
G. W. Cochran
John W. Thompson

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Jan 15 1908
Tahlequah Okla-
Guion Miller Spec Com.
601 Oury Building Washington D.C.
Application No. 22812-

Its reported here that the time for hearing claims is just off two years would like to know the truth of it. How it is progressing. We are enrolled here on census rolls as Cherokees and I know I saw my name on an old roll. Davis Com [Dawes Commission] called in same rolls . I understood they claimed not authentic. Any information legitimate will be appreciated. Thanking you in advance I am yours truly,
Jas. A. Thompson

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January 14, 1908.
James A. Thompson, Kansas, Okla.
Sir:
Relative to your application for participation in the fund arising from the judgment of the Court of Claims, in favor of the Eastern Cherokee, give your father's full name and state where he resided in 1835. Was he ever A member of the Eastern Cherokee tribe of Indians? Where were you born? Where have you lived since your birth? When did you move to Oklahoma? Have you ever been enrolled with the Eastern Cherokees? If not, explain why. Have you ever been enrolled with any other tribe of Indians. If so, state when and with what tribe. Were you or your parents slaves? If so, state whether slaves of Indians or white poople?
Very respectfully,

Guion Miller,
Special Commissioner

CHB/ALS

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[This appears to be a fragment of a longer text, but it's not clear where the rest is.]
My grand mother Hester Odear They called her Odear. But thinks her proper name was Adair. we are Enroled now on the Census roll here now as Cherokees - This about all the Information I can give unless any proofs could be got from Muskogee.
Thanking you I am yours Truly
Jas. A. Thompson

(COURT OF CLAIMS EASTERN CHEROKEES.Rec. JAN 23 1908)

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Jan 18, 1908
Tahlequah, Okla
Hon Guion Miller Special Com
Washington D. C. Apl. 9572

Dear sir
Yours reed [sic] thanks. I was borned and remained in the old Nation N.C. til I came her in 86 but failed to get her in time to get on the roll of 86 you remember(?) Daws Com [Dawes Commission] rejected all that was not on that even full bloods. and the court also now I know my name was on a roll handed me by Ex chief John Ross of the Eastern Band N.C. My grandfather was a minister came west with the Cherokees after marrying a Cherokee. opposed his wife being enrold or taking anything from the Cherokees saying they deserved all the gov. give (due?) them. My father Nathan Thompson in my presence when a boy spok to two councilmen telling them he wanted me enrolled. They did at next council yet he like my grandfather was opposed taking anything from them (over)…

We were not slaves - White & Cherokee. The Eastern band of Cherokees didn’t [illegible] money for many years from the fact they didn’t come here (Emigrate) Some hid in the Mts rather than come … My grandmother Hester Black was a fair sample of Cherokee. I thought when a boy the best woman in the world.
Truly,
Jas. A. Thompson
(Received Jan 23 1908)

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Tahlequah Okla. 3-16-0/9
Dear Com. Miller, [Commissioner Guion Miller]

I see from the news …(?) you will soon finish the roll. Will you be so kind to inform me if you got our proofs from Muscogee Okla. If not I doubt the case. Since I came here I found a prominant old Cherokee who has been employed as interpreter years ago says he knew Betsy Walker a Cherokee back in Tennesee as you may see in our proofs was the grand mother of my wife my wife and myself as near as I can figure it the same blood. My name was on a roll handed me by John Roors [John Ross] an Ex chief of the Eastern Cherokees N. C. and I sent all together to Muscogee Okla when I thought they mite called for I wrote to know what it would cost they said (26 96) (??) my attys Winnans & Bixby said not they would be come at in time. [sic, meaning unclear]

Please inform me if it would be necessary to get this old Cherokees affidavit and proofs from Muscogee. I am glad to note the Gov. more favorable to the interest of the Cherokees for to my knowledge they have suffered long.
Truly yours
Jas. A. Thompson.
[Note: John Ross was a famous Chief of the Cherokee, see: https://en.wikipedia.org/wiki/John_Ross_(Cherokee_chief) ]

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Tahlequah, Okla. Jan 4 1908 [?]
Mr. Nathan Brickford Esq.

My dear Sir
I just Rec’d a communication from commissioner Miller seems that all claimants will have to show on certain rolls to be recognized. My name was on a roll. Ex chief of the Eastern Cherokees handed me he was also a witness filed affidavit that I was of Cherokee decent and so recognized by the Eastern band. Also by the sacred [second?] chief of the Eastern Band. Chief Smith of the Eastern Band. After he came back from Washington when the Eastern Band sued this Nation for their prorata share in mony. Which they lost. But said all that would come here events be entitled land. as the treaty stipulated this domain should belong to the whole Cherokee people to share and share alike but the Daws Commission & their courts held different so me & many others was regected I fail to see if this (over) … Treaty was valid they could reject any that made valid proof of Blood yet they rejected full Bloods from the Eastern Band. Perhaps the refusal of the Eastern Band to come here still operated against them as it seems they was neglected all along they drew no money til their Agt got them citizenship in the old nation. This accounts for a great many not on the rolls. I know they were scattered in Ga Tenn, S.C, &C, yet they were Cherokees and under this treaty had a right in this domain. I think the E. Band have been badly treated because they didn’t come here. We are now enrolled on the census role here as Cherokees. You said you would cary it to the Supreme Court. Lawyers here say it’s not appealable. Well let me hear from you.
Truly,
Jas. A. Thompson.

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Kansas Ind Ter
Feb 23 0/7
Hon Nathen Beckford
Washington DC

My Dear Sir
Would like to hear from you how claim is progressing what your prospects is, etc. Did you ever get application from my daughter Mrs. Julia Jackson lives at Tahlequeh, I. T.? A widow has four children first Amy about 14, 2nd a boy Jessee 12 yrs old 3rd a girl about 10 years old, Edney, 4th a boy about 7 years old. I sent them application don’t know if they sent it. would like they be on file how about our proofs at Muscogee. Think they can become at with this. Think you would have a clear case an afidavit by Ex chief of… Eastern Band N. and by 2nd chief Eastern Band and Ned Christey and Jno. Taylor all old Cherokees who knew our ancestors. I believe most all dead now. Besides several whites proving that we was the descendants of Betsy (wife’s side) Walker & Hester Black on Thompson side. With all this proof to hand think you would have a clear case. Daws Com (Dawes commission) said it was clear as to blood I spent hundreds of Dol to get it but now to poor to raise the $26.00 Dol they ask to duplicate. Seems very unjust. Please let me hear how it’s progressing. Very Truly,
Jas. A. Thompson.

[Note: Julia E. Jackson’s application is #30094].

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Special Commissioner of the Court of Claims,
Eastern Cherokee Enrollment
601 Ouray Building
Washington, D. C.
September 15,1908

Application No. 9572
James A. Thompson, Kansas, Okla.

Sir:

In the matter of your application for participation in the fund arising from the judgement of the Court of Claims in favor of the Eastern Cherokees, please take notice that F.D.Ryan one of my duly authorized assistants, will be at Locust Grove, Okl on Monday, September 28th, 1908, at 9 o’clock, A.M., for the purpose of taking testimony relative to your claim:

You should appear promptly before him, and if you have any witnesses you wish to have testify in your behalf you should also have them present at that time. You can ascertain where the hearing will take place by making inquiry of J. B. Bryan.

☛ If you are enrolled on the final Rolls of Citizens of the Five Civilized Tribes, you should bring with you the number of your enrollment, and also the number of your Census Card.

☛ Bring this notice with you.

Very respectfully,
GUION MILLER
Special Commissioner

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Tahlequah, Okla. Sept 21 0/8
Hon. Guion Miller,
I am not able to go to Locust [Locust Grove] . I have not found my census card mislaid. Ex Chief John Rooss [John Ross] of the Eastern Cherokees gave me a roll that contained my name. I sent with my proofs to [? Locust grove?] Filed with my papers I wrote to get up my papers. They said it would cost me 26. my atty advised me to not pay it that the proofs would be come at. [?] But suppose they are yet at Muskogee with proofs. I feel sure we would be allowed. The Dawes Com. said proof as to Blood was sufficient. Rejected because we was not found on the roll of 86. My witness being well advanced in years Cherokees and whites have most all past away. Since there is one here an old prominent Cherokee who knew Betsy Walker my wife’s grandmother. Well I am broke down physically and financially. Can do no more only regret I spent a living trying for it. Let me hear please from you.
Respectfully,
Jas. A. Thompson
(Received Oct 7 1908)
[Note: Betsy Walker would have been Nancy (Battle) Thompson's great or 2nd great grandmother, depending on which Betsy Walker is meant, not her grandmother.] —