Application of Eliza Hulda Posey Allen before Dawes Commission- Creek Nation Submitted by David Morgan dmorgan@efn.org ************************************************************************ 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. http://www.usgwarchives.net/ *********************************************************************** Eliza Hulda Posey was born in Nacogdoches County, Texas, 9 October 1849. She was the fifteenth and the last child born to Benjamin and Eliza (Berryhill) Posey. Eliza grew up in Nacogdoches and Limestone Counties, Texas. She married Joseph M. Allen in Freestone County, Texas, 7 November 1867. Joseph was born in Georgia 9 July 1836. Eliza and Joseph Allen, and their children, went to the Creek Nation, and Eliza applied for citizenship in the Creek Nation for herself and her children. Eliza's father, Benjamin Posey, had made an affidavit in Limestone County, Texas, naming his children. This document was taken to the Creek Nation and presented to the courts in the Creek Nation, to establish citizenship into the Nation for his children and grandchildren. Eliza (Posey) Allen is named in this document. Following are affidavits and statements made in the Creek Nation for the citizenship of Eliza Hulda (Posey) Allen and her children: Case 83 - Eliza H. Allen Case Okmulgee M.N. July 23, 1895 Hon. Citizenship Commissions of the Muskogee Nation Gentlemen I Mrs. Eliza H. Allen as principal and representing her children and grandchildren, and one nephew and child appeared before Judge Reed then acting Judge of Muskogee Districk on July 16th 1883, and recognized by him as citizen by blood and have ever since resided here as contented as other Citizens. At the Extra Ordinary Session of Council of June 1895 we were placed on the doubtful Citizen Roll for reasons unknown to us. We ask your Honorable Body to take action at your earliest convenience and we feel we can prove to your satisfaction we are Citizens by blood. Hoping you will give us a favorable consideration we remain, Yours respectfully, Witnesses Mrs Eliza H. Allen Lucinda Smith Mat Posey Mary Jane Allen Covey Nathan Berryhill Jno Barber Eliza M. Allen Baysinger Geo. W. Berryhill Thos Barber John W. Allen H. C. Reed Benj. F. Allen Joe Mingo Mattie A. Allen Joseph Allen Nat'l Atty's Witnesses G. A. Posey (Nephew) Wm. T. McIntosh Pink Hawkins Mary J. Allen Covey's Children, Grandchildren of Eliza H. Allen John Covey Marquis Covey Eliza Allen Baysinger's Children Grandchildren of Eliza H. Allen Lummie Baysinger Nellie Baysinger G. A. Posey's child: Edward U. Posey Bond for One Hundred and Twenty Five Dollars signed by Mrs Mary H. Allen (s/b Eliza) as principal and Nathan and Geo Berryhill as surities was filed and approved by: J. H. Lynch James Colbert Clk. President of Commission * * * * * Testimony of ELIZA ALLEN I went before H C Reed when he was Judge of Muskogee Dist. and proved to his satisfaction that I was a Citizen of the Creek Nation by blood and received a Certificate from him to that effect. The Certificate that he gave me at that time was misplaced but I hold in its stead a sworn statement by H. C. Reed certifying that he issued a certificate of citizenship to me during the time he was Judge of Muskogee Dist. The date of the original certificate was July 16th, 1883. Q. Are all the names on the allegation your children? Yes. How much Indian blood have you? My father and mother both half Indians. In what year did you apply for citizenship? In 1883. Before whom? Judge Reed of Muskogee Dist. Was that the only time you applied for citizenship? Yes sir. Who were your witnesses? My father Benj. Posey and Lucinda Smith and Matthew Posey. I also had an affidavit sworn by Benj. Posey in Texas to be used by me in the case he could not be present at the time. Where did you live before you came here and applied for citizenship? In McLennon Co., Texas. Did your witnesses live in Texas at the time? No Lucinda and Matthew Posey were raised here in the Nation, my father moved here the same time I did. Were Lucinda Smith and Mathew Posey born here? Lucinda Smith was born here but Mat Posey was born in Texas and was brought here by his father when he was very small. Where was Reed when you proved your citizenship? He was at the house of Lucinda Smith where I was living at the time. Did Reed take the testimony of witnesses in writing? Yes but he only gave me a certificate. Did he have a clerk take the testimony? He had a man with him who was an Indian. Have you the certificate that the Judge gave you? No it was misplaced at Council. I was notified by Council that there were charges against me and I gave my certificate to the Committee and it was misplaced, I then went to Dave Anderson then Judge of Muskogee Dist. and he gave me another one that was lost in the same manner. Was the Man with Reed when you made your application acting his clerk? Yes he did the writing for him. Did you say Benj. Posey was your father? Yes he was my father. MY MOTHER AND FATHER WERE FIRST COUSINS AND THEY LEFT THE NATION BECAUSE IT WAS AGAINST THE LAWS OF THE CREEK NATION FOR COUSINS TO MARRY AND THEY FERED THEIR EARS WOULD BE CUT OFF. Is this the document you presented before Judge Reed as evidence in your case? Yes. To what town do you belong? Broken Arrow. Did your parents belong to that town? Yes. The following testimony is from LUCINDA (HOPWOOD) SMITH, Eliza (Posey) Allen's cousin, wife of Stephen Shelton Smith. Lucinda's parents were Samuel H. and Sarah "Sally" (Posey) Hopwood. What is your name? LUCINDA SMITH. Where do you live? Concharty Town. Are you a citizen of the Creek Nation? Yes sir. Mrs Eliza Allen is a first cousin of mine, her father and my mother were brother and sister. Mrs M. J. Allen Covey is the oldest daughter of Mrs Eliza Allen. Eliza Baysinger is also a daughter of Mrs Allen. John Allen and Ben Allen are sons of Mrs Eliza Allen. Mattie Allen is also her daughter, Joseph Allen is her youngest son. G. A. Posey is a nephew of hers, John and Marquis Covey are grand children of hers. Lummie and Nellie Baysinger are her Grand children. Edward Posey is also her grand child. These people are all Creeks and belong to Broken Arrow Town. These are all the descendants of Mrs Allen who proved her citizenship before Judge Reed? Yes. Did she receive a certificate of citizenship from Reed? Yes sir. In what year? 1883. Were you a witness in her behalf before Judge Reed? Yes sir. Have these folks been recognized citizens of the Nation since? Yes sir. How much Indian blood has Mrs Allen? Her mother and father were both half Indians. Do you know Mrs Allen? Yes sir. Where was she born? In Texas. How old is she? I don't know exactly. Did you know her mother? I never saw her. Did you know her father? Yes sir. Was he a White man? No HER FATHER WAS MY MOTHER'S BROTHER HE WAS A CREEK INDIAN. What was his name? Benj. Posey. How old a man was he? He was born in 1806. Did he ever live in the Creek Nation? Not a great while, he did not live long after he came. Did he have a home here? No he died before he made a home. He came here in the Spring and died the following August. What year did he come here? 1883. When did he die? August 1883. Was he a full blood Indian? No. What was the other blood? White. Was his father or mother Indian? His mother. DO YOU KNOW HIS MOTHER? YES SHE WAS MY GRANDMOTHER [Nancy Berryhill Posey, TNC]. How old are you? Going to 64 years. Where were you born? In the Creek Nation. Did you say the old man lived here a little while? Yes sir. Do you know why he left the country. No I don't know. Did you know Mrs Allen's mother? No I never saw her but I have always been taught to believe that she was part Indian. Testimony of NATHAN BERRYHILL What is your name? NATHAN BERRYHILL. Where do you live? 5 miles north of Okmulgee. Are you a citizen of C.N.? Yes sir. Mrs Allens case was tried and she was acknowledged a citizen before I came here. I have been here about 5 years and she was here a citizen when I came here. So far as I can remember or been informed it has been my understanding that she proved her citizenship. I know of my own personal knowledge that she is a Creek by blood. WHAT RELATION IS MRS ALLEN TO THE BERRYHILLS? SHE IS THE DAUGHTER OF A BERRYHILL WOMAN AND HER FATHER WAS ALSO OF BERRYHILL BLOOD, WHOSE NAME WAS BENJ POSEY. WERE THE BERRYHILLS INDIANS. Yes sir. Do you know whether Mrs Allen prove her citizenship before Judge Reed? No it was before I came here. How old are you? Going on 67 yrs. Where were you born? Georgia. How old is Lucinda Smith? No I never knew her until last summer. [This is the way this document ended. TNC] Testimony of G. W. [GEORGE WASHINGTON] BERRYHILL [son of John Dallas Berryhill] What is your name? G. W. BERRYHILL. Where do you live? 10 miles below Wealaka on the Ark. River. Are you a citizen of the C.N.? I am, I came here and applied for citizenship in Council in 1883. I met Mrs Allen here at that time and was the first time I ever saw her. They had her case before the Committee at the same time I was before it. I do not think they passed her case at that time. I was here the next fall at Council and I think I met her again and at that time her case was before the H Of K (House of Kings) and was being defended by Joe Mingo. I think the H of K passed favorably on her case. I know of her having lost at least three certificates. Is Mrs Allen a Creek Citizen? I know that she had certificates. Who gave her certificates? David Anderson Judge of Muskogee Dist. What year was that? I don't remember exactly. About what year? 1890 or 1892, I can't be positive. Who were her witnesses before Reed? I was not here at the time and don't know but it was my understanding that she made application before Reed about 2 yrs before I came here. Do you know of your own personal knowledge that she is an Indian by blood? From talking with her I got it that she and I are first cousins. How old are you? I am 61 yrs old. Testimony of Joe Mingo: What is your name? Joseph Mingo. Where do you live? Coweta Dist. Are you a citizen here? I am Town Chief of Broken Arrow. Their names were given to me as town chief and I put them on the census roll of my town. There was an objection made against them in Council? The charge was that they had paid Reed to issue them certificates but there was no evidence to prove that such was the case. I was a member of Council and helped them out all I could. I told Council that they had been admitted according to Law and I did not think the Council had anything further to do with the case. I quoted Sec 2, Art B of the Constitution of M.N. and they have been on the census roll of my town ever since until the Census Comte put their name on the doubtful list and that was done simply because the town members were all new members and did not know who these people were. In what year did their case come up before Council? I don't remember exactly. Do you know that Mrs Allen is a citizen of M.N.? Only by their holding certificates of citizenship. How did you know that they were members of the Broken Arrow Town? Judge Stidham and Jackson Doyle told me they were. Did they ever draw the per Capita money? Yes they drew the Per Capita of $29.00. Are all the descendants of Mrs Allen still living? Yes but they are not all present. Testimony of Pink Hawkins (for the Creek Nation) I knew Benj. Posey on the other side of Ark. River, he was living near the Verdigris River. I first knew (him) when I was a young man. It was about 2 yrs after the McIntosh Party came to this country. I always thought he was a white man. There was a large family of them at the time. They were mixed up with the BERRYHILL AND HOPWOOD families and I always considered them white people. The country was in a very unsettled condition at that time and I always thought they were allowed to remain here on account of services they might be called upon to render. THEY WERE CATAWBAS and I don't know of ever they being adopted by Creeks. They were living on the boarder of the nation and I was not intimately acquainted with them. Do you know Mrs Allen and others were placed upon the doubtful list? No I know nothing about it. Do you know Mrs Allen? No. Are you a citizen of M.N.? Yes. To what town do you belong? Hilliepi. Were you raised in Broken Arrow Town? No I never was there. Are you well acquainted with B. A. [Broken Arrow] people? No I am not. Do you know what became of Ben Posey? No I don't. Did you say you always thought they were white people? Yes. Do you know if Mrs Allen is a citizen of C.N. or not? No. Do you think from appearance of her father that she could possess In. blood? No. Can you swear that Mrs Allen is not an Indian? No. Was Ben Posey an Indian or not? I think not. Do you know of your own personal knowledge that Ben Posey was not a Creek Indian? No. Did you say that the Posey family came to this country with the Creeks from the Old Country? I don't know they were here when I came. Did you ever know more than one Ben Posey in the Nation? No only one. What is your age as near as you can tell? I was born one year after the Red Stick War and that would make my age about 82. Do you think Ben Posey was older or younger than you? I think he was older. DID YOU SAY BEN POSEY WAS A RED HAIRED MAN? YES. Note! Pink Hawkins was a son of Samuel Hawkins, who was killed with General William McIntosh. His mother was not the daughter of General McIntosh, but by another wife of Samuel Hawkins named Ah koh kee. Pink Hawkins was born in 1809 and died in 1901. I believe that Pink Hawkins confused Benjamin Posey, who had never lived in the Creek Lands West, with Samuel H. Hopwood, who had red hair and married Ben Posey's sister, Sally. IS PINK HAWKINS SAYING THAT THE BERRYHILLS HAD CATAWBA BLOOD? We know that Elizabeth Derrisaw was of Creek Indian Blood, but John Berryhill may have been of Catawba blood. The following are sons of Silas H. and Sarah Ann (Posey) Barber, testifying for ELIZA HULDA (POSEY) ALLEN, their aunt. About 1896 Testimony of ROBERT THOMAS "TOM" BARBER: What is your name? Tom Barber. Where do you live? 25 miles west of here in this Dist. Are you a citizen of M.N.? Yes sir. Did you know Ben Posey? Yes sir. Do you know how old he was when he died. No not exactly. What kind of a looking man was he? He was always considered a Creek Indian and that he got his Creek from the BERRYHILLS. HE WAS A VERY DARK SKIN WITH BLACK HAIR AND EYES. HE WAS CRIPPLED IN HIS RIGHT KNEE. His leg was bent in shape so as you could not tell it when he was sitting down and he had a wooden leg made to fit his knee and used in walking. How old are you? I am 49 years old. How old were you when you knew Ben Posey? So far as I can remember anything. Was he born cripple? No it was my understanding that he crippled himself accidently. Was he crippled after he grew to be a man? I don't know I have ever heard him say. Testimony of JOHN C. BARBER: What is your name? John Barber. Where do you live? At Wagoner. Are you a citizen of M.N.? Yes sir. MRS ALLEN IS MY AUNT, she proved her right in the Nation before I did and has been recognized as such. Do you know Benj. Posey? Yes he was a Creek Indian and had black hair. He looked to be about a half breed Indian. He was a crippled man and had a wooden leg made to fit his knee. How old are you? I am 42 yrs. old. When did you know Ben Posey? I knew him ever since I was a small boy. You said Ben Posey was cripple, how old was he? I couldn't exactly say, I don't remember. Was he born lame? He told me he became crippled after he was grown. He did not tell me how old he was when he became crippled. Did Ben Posey live in the M.N.? I never saw him after he came here. Who were her (Eliza Allen) witnesses before Reed? I was not here at that time and don't know but my understanding that she made application before Reed about two years before I came here. Do you know that she is an Indian by blood? [There was no more to this document on my microfilm. TNC] Following are the Creek Census Cards of Eliza Hulda (Posey) Allen and her children: Dawes Name age sex DIB Father Mother No. Card No. 595 P.O. Mounds 29 June 1899 1929 Allen, Eliza H. 50 F 1/2 Benj. Posey Eliza Card No. 535 P.O. Red Fork 27 June 1899 1752 Covey, Mary J. 30 F 1/4 Joe Allen Eliza H. 1753 John son 12 M 1/8 Byron Covey No. 1 1754 Marcus William son 8 M 1/8 Byron Covey No. 1 1755 Byron L. son 8 mo M 1/8 Byron Covey No. 1 Card No. 539 P.O. Mounds 27 June 1899 1756 Baysinger, Eliza 29 F 1/4 Joe Allen Eliza H. 1757 Columbus son 9 M 1/8 Perry Baysinger No. 1 1758 Nellie dau 5 F 1/8 Perry Baysinger No. 1 1759 William son 2 M 1/8 Perry Baysinger No. 1 [*The father and husband that I have is Ellis Baysinger. TNC] Card No. 540 P.O. Bixby 27 June 1899 1760 Allen, John W. 26 M 1/4 Joe Allen Eliza H 1761 Suey M. dau 1 F 1/8 No. 1 Cora 1762 Joseph W. son 9 dys M 1/8 No. 1 Cora New Born Card No. 70 P.O. Bixby 109 Allen, Millard E. 1 M 1/8 John W. Allen Cora Lou Birthdate 7 December 1904 Card No. 541 P.O. Mounds 27th of June 1899 1763 Allen, Benjamin T. 25 M 1/4 Joe Allen Eliza H. Card No. 542 P.O. Bixby 27 June 1899 1764 Sherrill, Mattie M. 23 F 1/4 Joe Allen Eliza H. Joseph M. Allen died in Keifer, Oklahoma, 6 November 1913. Eliza Hulda (Posey) Allen died in Keifer, Oklahoma, 22 February 1930. Both are buried in the Twin Mounds Cemetery at Glenpool, Oklahoma. --- The Story of John Berryhill and Elizabeth Derrisaw and Their Descendants This is an unpublished manuscript done by Thelma Nolen Cornfeld before her death in 1996. Her daughter Barbara gave me permission to put her research online. David Morgan