CENSUS CARD PACKET # 6606 WILLIAM H. AND ELMIRA STEPHENS ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. <> Submitter: Catherine Widener (catz@kcisp.net ************************************************************************ DEPARTMENT OF THE INTERIOR COMMISSION FOR THE FIVE CIVILIZED TRIBES TAHLEQUAH, I. T., DECEMBER 13, 1900 In the matter of the application of Elmira Stephens for the enrollment of herself, husband and children as citizens of the Cherokee Nation, and she being sworn and examined by Commissioner, T. B. Needles, testified as follows: Q. What is your name? A. Elmira Stevens Q. How old are you? A. Forty-three Q.What is your Post office address? A. Park Hill Q. What district do you live in? A. Tahlequah Q. Are you a recognized citizen of the Cherokee Nation? A. Yes, sir Q. By blood? A. Yes, sir Q. Is your name on the roll of 1880? A. Yes, sir Q. Whom do you want to enroll? A. My family Q. Are you married? A. Yes, sir Q. Why is he not here? A. He had a sick father he had to stay with Q.What is his name? A. William Henderson Stevens Q.Is he a white man? A. Yes, sir Q. How old is he? A. He is about fifty six Q. What is his Postoffice address? A. Park Hill Q. When were you married to him? A. I can not tell you Q.Have you a certificate of marriage? A. No, sir, we got our license destroyed Q. Were you married before 1880? A. Yes, sir Q.What are the names of your children? A. Elizabeth Q. How old is she? A. She is eighteen Q.Next one? A. Stephen Q.How old is he? A. He is seventeen Q.Next one? A. Sarah Q. How old is she? A. Fifteen Q.Next one? A. Fanny Q.How old is she? A. Eleven Q.Next child? A. That is all. 1880 Roll, Page 391, # 1201, Henderson Stephens, Flint District 1880 Roll, Page 391, # 1202, Elmira Stephens, Flint District 1896 Roll, Page 1238, # 231, Henderson Stephens, Tahlequah District 1896 Roll, Page 1238, # 2896, Elmira Stephens, Tahlequah District 1896 Roll, Page 1238, # 2897, Elizabeth Stephens, Tahlequah District 1896 Roll, Page 1238, # 2898, Stephen Stephens, Tahlequah District 1896 Roll, Page 1238, # 2899, Sarah Stephens, Tahlequah District 1896 Roll, Page 1238, # 2900, Fannie Stephens, Tahlequah District Q.Have you and your husband lived together continuously since 1880? A. Yes, sir Q.He is living with you now? A. Yes, sir Q.Never have been separated? A. No, sir Q.Are these children all living? A. Yes, sir Comm’r T. B. Needles: The name of Mrs. William Henderson Stevens appears upon the authenticated Roll of 1880, as an intermarried white, and upon the census roll of 1896, as Henderson Stephens. The name of his wife, Elmira Stevens, appears upon the authenticated Roll of 1880 as well as the roll of 1896, she being identified as a Cherokee citizen by blood. The name of their children, Elizabeth, Stephen, Sarah and Fanny are found upon the census roll of 1896. They are all duly identified and make satisfactory proof as to their residence; consequently, the said William Henderson Stephens will be duly listed for enrollment as a Cherokee citizen by intermarriage, and his wife, Elmira Stephens and children as enumerated herein as Cherokee Citizens by blood. DEPARTMENT OF THE INTERIOR Commission to the Five Civilized Tribes Tahlequah, I. T. , October 8, 1902 SUPPPLIMENTAL TESTIMONY AND PROCEEDINGS in the matter of the application for the enrollment of William H . Stevens as a citizen by intermarriage of the Cherokee Nation. William H. Stevens, being first duly sworn, and being examined, testified as follows: By Commissioner: Q.What is your name? A. William Henderson Stevens Q.Have you a child William H. Stevens? A. Yes, sir Q.How old are you? A. I am about fifty-seven Q. What is your post office address? A. Park Hill Q. You are a white man, are you? A. Yes, sir Q.Have you here to form more application to this Commission for enrollment as a citizen by intermarriage of the Cherokee Nation? A. My wife did. She came, I didn’t come. Q.What is the name of your wife? a. Elmira Catherine before she was married. Elmira Stevens now. Q.Is she living now? A. Yes, sir Q.Is she Cherokee by Blood? A. Yes, sir Q.Do you claim your right to enrollment by reason of your marriage to her? A. Yes, sir Q. When were you and she married? A. We have been married over twenty-nine years. Q.Were you married at that time under Cherokee Law? A. Yes, sir Q.Have you and she lived together continuously ever since that time? A. Yes, sir Q.Are you living together on the 1st day of September 1902? A. Yes, sir Q.Were you ever married before you married her? A. No, sir Q. Was she ever married before she married you? A. No, sir Q.You are her first husband and she is your first wife? A. Yes, sir Q.Have you resided in the Cherokee Nation continuously since you and your wife were married? A.Yes, sir Q. Has she? A. Yes, sir Q. You have how many children? A. I have got five living and one dead. Q. How long has that child been dead? A. I don’t know, it has been about a year. He was a grown man, married and had a family. He came here and enrolled himself. Q.You made application for the enrollment of how many children? A. I think three—four I reckon Q.Are all these children living now? A. Yes, sir This testimony will be filed and made a part of the record in the matter of the application for the enrollment of William H. Stevens as a citizen by intermarriage of the Cherokee Nation, Cherokee straight card file No. 6606. DEPARTMENT OF THE INTERIOR Commission to the Five Civilized Tribes Cherokee Land Office Tahlequah, I. T., November 22, 1904 In the matter of the application of William H. Stevens Sr. for the enrollment of himself and a citizen by intermarriage and of his wife, Elmira Stevens and children, Elizabeth and Stephen and Sarah James, Fannie Stevens and Jesse L. James, as citizens by blood of the Cherokee Nation. SUPPLEMENTAL TESTIMONY Elizabeth Hamilton, being duly sworn and examined by the Commission, testified as follows: Q.What is your name? A. Elizabeth Hamilton Q.How old are you? A. 22 years old Q.What is your post office address? A. Park Hill Q.Are you a Cherokee by blood? A. Yes, sir Q.Are you a daughter of William H. Stevens and Elmira Stevens? A. Yes, sir Q.Have you married since you were enrolled? A. Yes, sir Q.What it the name of your husband? A. Joseph Hamilton Q.Is he a citizen of the Cherokee Nation? A. No, sir Q. Are you and he living together now? A. Yes, sir Q. When were you married? A. There is offered in evidence a marriage license that the applicant was married on May 17, 1902. XXXXXXXXXXXXXXSTENOGRAPHER INFOxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Subscribed and sworn in before me this 29th day of November, 1904 Notary Public DEPARTMENT OF THE INTERIOR Commissioner to the Five Civilized Tribes Muskogee, I. T., January 19, 1907 In the matter of the application for the enrollment of William H. Stevens as a citizen by intermarriage of the Cherokee Nation. William H. Stevens being first duly sworn by John H. Tidwell, Notary Public, testified as follows: On Behalf of Commissioner: Q. What is your name? A. William Henderson Stevens Q. What is your age? A. 60 Q. What is your post office address? A. Park Hill Q.You are an applicant for enrollment as a citizen by intermarriage of the Cherokee Nation? A.Yes, sir Q.You have no Cherokee blood? A. No, sir Q. You only claim to the right to enrollment as a citizen of that Cherokee Nation is by virtue of your marriage to a citizen by blood? A. Yes, sir Q. What is the name of the citizen through whom you claim such right? A. Elmira Stevens Q. Is she living? A. Yes, sir Q.When were you married to Elmira Stevens? A. In ’73 Q.Was she a recognized citizen of the Cherokee Nation at the time you married her? A. Yes, sir Q.Living in the Cherokee Country? A. Yes, sir Q.Did you procure a marriage license and marry her in accordance with the law of the Cherokee Nation? A.Yes, sir Q. I what district was the license made out? A. Flint District Q. By whom were you married? A. Judge Christie Q. He was Judge of Flint District at that time? A. Yes, sir Q.Since you marriage to your wife, Elmira Stevens, have you and she continuously lived together as husband and wife? A. Yes, sir Q.And lived all these years in the Cherokee Nation? A. Yes, sir Q.Was she your first wife? A. Yes, sir Q.Were you her first husband? A. Yes, sir The applicant, William H. Stevens, is identified on the Cherokee authenticated tribal roll of 1880, Flint District, No. 1201. His wife, Elmira Stevens, is identified on said roll at No. 1202 and her name is identified in the approved partial roll of citizens by blood of the Cherokee Nation, opposite No. 25, 287. Q.Have you any evidence of a documentary character to show your marriage to your wife? A.No, sir, I got them misplaced Q.Have you any witnesses here? A. Yes, sir; I have two witnesses Q.Since your marriage to your wife, Elmira Stevens, you have exercised all the rights and enjoyed all the privileges of a citizen of the Cherokee Nation by intermarriage? A. Yes, sir Q.Did you ever hold any office? A. No, sir Q.But you have voted at elections? A. Yes, sir; and sat on the grand jury Elmira Stevens being first duly sworn by B. P. Rasmus, Notary Public, testified as follows: Q. What is your name? A. Elmira Stevens Q. What is your age? A. 69 Q.What is your post office address? A. Park Hill Q.You appear for the purpose of giving testimony relative to the right to enrollment of William H. Stevens as a citizen by intermarriage of the Cherokee Nation? A. Yes, sir Q.How long have you known William H. Stevens? A. About 36 or 37 years Q.He is a white man? Q. Yes, sir Q.Are you acquainted with his wife? Q. Yes, sir, I am his wife Q.You are a citizen by blood of the Cherokee Nation? A. Yes, sir Q.When did you marry William H. Stevens? A. in ’73 Q.You were a recognized citizen of the Cherokee Nation at that time? A. Yes, sir Q.Are residing in the Cherokee Country? A. Yes, sir Q. Where were you and he married? A. Wauhillau, Flint District Q.Did your husband secure a license and marry you in accordance with the law of the Cherokee Nation? A. Yes, sir Q.Was William H. Stevens your first husband? A. Yes, sir Q.Are you his first wife? A. Yes, sir Q.Since your marriage, have you and he continuously lived together as husband and wife? A. Yes, sir Henry M. Brown being duly first sworn by B. F. Rasmus, Notary Public, testified as follows: Q.What is your name? A. Henry Marshall Brown Q. What is your age? A. 52 Q. What is your post office address? A. Chance, Indian Territory Q.Do you know a person in the Cherokee Nation by the name of William H. Stevens? A. Yes, sir, I always knew him by the name of Henderson Stevens. Q.Are you related to him in any way? A. No, sir Q.How long have you know him? A. 34 or 35 years Q. Do you know his wife, Elmira Stevens? A. Yes, sir Q.Did you know her prior to her marriage to William H. Stevens? A. Yes, sir Q.She is a Cherokee by blood? A. Yes, sir; always claimed to be. Q. He claims the right to enrollment as a citizen of the Cherokee Nation by virtue of his marriage to her? A. Yes, sir Q. He is recognized as a white man? A. Yes, sir Q.When were William H. Stevens and Elmira Stevens married? A. in ’73 or ’74. Q.Where you present? A. Yes, sir Q.Where were they married? A. On Hungry Mountain at Judge Christie’s, in Flint District. Q.Did you see his marriage license? A. No, sir; If I did, I don’t recollect it. Q.But is has always been your understanding and you believe that he secured a license and married his wife in accordance with the law of the Cherokee Nation? A. I guess he did, he was married by the Judge of the District. Q.Since his marriage he has been recognized as a citizen by intermarriage of the Cherokee Nation? A.Yes, sir Q.He had enjoyed all the rights and privileges of that class of citizen? A. Yes, sir, as far as I know Q.Have you known these parties continuously since their marriage? A. Why, I haven’t lived right near them; 20 to 30 miles distance. Q.You never have heard of any separation? A. No, sir Mr. William H. Walker, being first duly sworn by John B. Tidwell, Notary public, testified as follows: Q. What is your name? A. William H. Walker Q. What is your age? A. 40 Q.What is your post office address? A. Tahlequah Q.Are you acquainted with a person in the Cherokee Nation by the name of William H. Stevens? A.Yes, sir He is always been recognized as such. Q.Do you know him as an intermarriage citizen of the Cherokee Nation? A. Yes, sir Q.His wife is a recognized citizen by blood? A. Yes, sir Q. How long have you known William H. Stevens? A. I have known him for 30 years Q.Since you became acquainted with him, he has to your own personal knowledge, been recognized as a citizen by intermarriage of the Cherokee Nation and him enjoyed all the rights and privileges of that class of citizen? A. Yes, sir Subscribed and sworn to before me this the 12th day of January, 1907. John E. Tidwell Notary Public DEPARTMENT OF THE INTERIOR Commissioner to the Five Civilized Tribes Muskogee, I. T., January 29, 1907. In the matter of the application for the enrollment of William H. Stevens as a citizen by intermarriage of the Cherokee Nation. Appearances: Applicant represented by Mr. Gorney in behalf of Soper, Huckleberry & Owen Cherokee Nation represented by: W. W. Hastings, Attorney Wilson Rider being duly sworn by B. P. Rasmus, Notary Public, testified as follows: On behalf of Commissioner: Q. What is your name? A. Wilson Rider Q. What is your age? A. 67 Q.What if your post office address? A. Tahlequah Q.You appear here today for the purpose of giving testimony relative to the right to enrollment of William H. Stevens, as a citizen by intermarriage of the Cherokee Nation? A. Yes, sir By Mr. Gorney: Q.How long have you known Mr. Stevens, Mr. Rider? A.I can’t just exactly tell you how long I have known him ever since before the war; me and him was little boys together; his father had a water mill up yonder,-belongs to Nancy Adair; this Henderson Stevens,--his father put up a water mill for Nancy Adair, and we used to play at the mill. Q.You are a citizen of the Cherokee Nation? A.Yes, sir. That’s what they all said, I reckon I am. Q.Whereabouts did you reside Mr. Rider, in the ’70’s-between ’70 and ’80? A.I lived at what they called Park Hill Q. In what District? A. In Tahlequah District Q.Were you acquainted with the woman that Henderson Stevens married? A. Yes, sir Q.Was she a citizen of the Cherokee Nation or not? A.Yes, sir. she was a citizen of the Cherokee Nation, Cherokee by blood. Q.What was her name before she was married? A.We called her Mity [sic]-Elmira Cabin I reckon. Q.Do you know where she and Henderson Stevens were married? A.They got married in Flint District. Jackson Christie who was District Judge, married them. Q.Did you or didn’t you sign the petition for the license of Henderson Stevens? A.I signed the petition old man Levi Keys-he’s dead though now, was the first man signed the petition; William Keys signed the petition and Marshall (?),-I think he’s living,-he signed the petition. Q.Did the people look upon Henderson Stevens as a citizen of the Cherokee Nation? A.I reckon so, he was married under the Cherokee law because Judge Christie was a Cherokee. By Mr. Hastings: Q. Do you know when he was married? A. I think it was in ’73. Q. What month? A. I don’t know what month it was. Q. How old are you? A. I am about 67. Q.How far was you living from him when he was married? A.I lived about half a mile from him. Q. Had his wife ever been married before? A. No, sir, not that I know of. Q. Had Stevens ever been married before? A. No, sir, not that I know of. Q. Did you know them? A. Of course I knew them Q.Then you know they hadn’t been married, don’t you? A. No, sir Q.They lived in the same community with you, didn’t they? A.I don’t think the girl had ever been married before and I don’t think Henderson was ever married before either. Q. Is his wife a sister to John Cabin? A, Yes, sir On Behalf of Commissioner: Q.You have known Henderson Stevens continuously since his marriage? A. Yes, sir Q.And he has always been recognized as a citizen by intermarriage of the Cherokee Nation? A.Yes, sir Q.He has voted at the elections? A. Yes, sir Q.He has exercised all his rights of a citizen by intermarriage of the Cherokee Nation? A.Yes, sir. So far as I know he did. Q.You never heard his right as an intermarried citizen questioned? A.No, sir Subscribed and sworn to before me this the 1st day of February, 1907. John E. Tidwell Notary Public DEPARTMENT OF THE INTERIOR Commissioner to the Five Civilized Tribes In the matter of the application for the enrollment of William H. Stevens as a citizen by intermarriage of the Cherokee Nation DECISION The records of the office show: That at Tahlequah, Indian Territory, December 13, 1900, application was received by the Commission to the Five Civilized Tribes for the enrollment of William H. Stevens as a citizen by intermarriage of the Cherokee Nation. Further proceedings in the matter of said applicant were had at Tahlequah, Indian Territory, October 8, 1902 and November 22, 1904 and at Muskogee, Indian Territory, January 19, 1907 and January 29, 1907. The evidence in this case shows: That the applicant herein, William H. Stevens, a white man, was married in accordance with Cherokee Law in 1873 to his wife, Elmira Stevens, nee Catron, who was at the time of said marriage a recognized citizen by blood of the Cherokee Nation, who is identified on the Cherokee authenticated tribal roll of 1880, Flint District, No. 1202 and as native Cherokee and whose name is included on the approved partial roll of citizens by blood of the Cherokee Nation, opposite No. 25297. It is further shown that from the time of said marriage the said William H. Stevens and Elmira Steven resided together as husband and wife and continuously lived in the Cherokee Nation up to and including September 1, 1902. Said applicant is identified on the Cherokee authenticated tribal roll of 1880 and the Cherokee census roll of 1896 as an intermarried citizen of the Cherokee Nation. It is, therefore, ordered and adjudged: That in accordance with the decision of the Supreme Court of the United States dated November 5, 1905 in the cases of Daniel Red Bird, et al. vs. The United States, Nos. 125, 126, 127, 128, the said applicant, William H. Stevens is entitled, under the provisions of Section Twenty-one of the Act of Congress approved June 28, 1896, (30 Stats. 495), to enrollment as a citizen by intermarriage of the Cherokee Nation, and his application for enrollment as such is accordingly granted. Signed: Tame Bixby Commissioner Dated at Muskogee, Indian Terriotry February 14, 1907 CHEROKEE BY BLOOD AND ADOPTION December 13, 1900 1. Name: William H. Stevens Sr. Park Hill, Indian Territory District: Flint District Yr. 1880 Pg. 391 No. 1201 Citizen by blood: No Mother’s citizenship: Intermarried citizen: Yes Married under what law: Date of marriage: License: Certificate: 2.Name: Elmira Stevens District: Flint District Yr. 1880 Pg. 391 No. 1202 Citizen by blood: yes Mother’s citzenship: Married under what law: Date of marriage: License: Certificate: 3. Elizabeth Stevens Tahlequah District Yr. 1896 Pg. 1238 No. 2897 age. 18 4. Stephen Stevens Tahlequah District Yr. 1896 Pg. 1238 No. 2898 age. 17 5. Sarah Stevens Tahlequah District Yr, 1896 Pg. 1238 No. 2899 age. 15 6. Fannie Stevens Tahlequah District Yr. 1896 Pg. 1238 No. 2900 age. 11 1.On 1880 Roll as Henderson Stephens 2.On 1880 Roll as Elmira Stephens Surnames on 1896 roll as ‘Stephens’. LETTER ATTACHED TO APPLICATION # 6606 Muskogee, Indian Territory, June 30, 1902 William L. James, Park Hill, Indian Territory Dear Sir: When application was made for the enrollment of your wife as a citizen of the Cherokee Nation, the Commission was advised that her name was Sarah. In the affidavit as to the birth of your child Jesse L. James, the name of your wife appears as Sarah A. James. If her correct name is Sarah James is must so appear throughout the affidavit which is returned to you herewith. The marriage license and certificate of Will L. James and Sarah Stephens is returned to you herewith copies having been made for the Commissioner’s files. Yours truly, Commissioner in Charge DEPARTMENT OF THE INTERIOR Commission to the Five Civilized Tribes In Re: Application for enrollment as a citizen of the Cherokee Nation, of Jesse L. James, born on the 3rd day of February 1902. Name of Father: William L. James, a citizen of the United States Nation Name of Mother: Sarah James, a citizen of the Cherokee Nation. Post office, Park Hill, Indian Territory AFFIDAVIT OF MOTHER United States of America Northern District I, Sarah James, on oath state that I am 18 years of age and a citizen of the Cherokee Nation; that I am the lawful wife of William L. James, who is a citizen of the United States; that a male child was born to me on 3rd day of February, 1902; that said child has been named Jesse L. James, and is now living Signed: Sarah James Subscribed and sworn to before me this 6th day of July, 1903. Samuel Foreman, notary AFFIDAVIT OF ATTENDING PHYSICIAN OR MIDWIFE United States of America Northern District I, Elmira Stevens, a midwife, on oath state that I attended to Mrs. Sarah James, wife of William L. James on the 3rd day of February, 1902; that there was born to her on said date a male child; that said child is now living and is said to have been named Jesse L. James. Signed: Elmira "X" Stephens Subscribed and sworn to before me this 6th day of July, 1903. CERTIFICATE OF RECORD United States of America Indian Territory Northern District I, Charles A. Davidson, Clerk of the United States Court in the Northern District, Indian Territory, do hereby certify that the instrument hereto attached was filed for record in my office the 4th day of February 1907, at M., and duly recorded in Book ‘K’, Marriage Record, page 117. Witness my had and seal of said Court at Muskogee, in said Territory, this 27th day of April, , A. D. 189_. Signed: Charles A. Davidson, Clerk MARRIAGE LICENSE United States of America Indian Territory Northern District No. 2121 To any person authorized by low to solemnize marriage-greeting: You are hereby commanded to Solemnize the Rite and publish the Bans of Matrimony between Mr. Will L. James, of Wauhillau, in the Indian Territory, age 23 years, and Miss Sarah Stevens, of Park Hill, in the Indian Territory, aged 16 years, according to law, and do you officially sign and return this license to the parties therein named. Witness my hand and official seal at Muskogee, Indian Territory this 5th day of January A. D. 1901. Signed Charles A. Davidson, clerk of the U. S. Court (Seal) by: Herbert C. Smith, deputy CERTIFICATE OF MARRIAGE United States of America Indian Territory Northern District I, James A. Orr, a Minister of the Gospel, Do Hereby Certify, that on the 6th day of January, A. D. 1901, I did duly and according to law as commanded in the foregoing license, solemnize the Rite and publicize the Bans of Matrimony between the parties therein named. Witness my hand this 6th day of January, 1901. My credentials are recorded in the office of the Clerk of the United States Court, Indian Territory, Northern District, Book, Muskogee, Page. 1(??). Signed: James A. Orr, A minister of the Gospel