Susan Ellen Harris Banks, Application for Creek Nation, Dawes Commission 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/ *********************************************************************** Susan Ellen (Harris) Banks went to the Creek Nation in Indian Territory and applied for citizenship into the Creek Nation, for herself and her children. Following are affidavits and statements to prove Ellen (Harris) Banks' Creek Indian lineage: To the Honorable Esparecher, Principal Chief of the Muskogee or Creek Nation and the Honorable, it's members of the said Muskogee or Creek Council consisting of the House of Kings and House of Warriors, in session at Okmulgee in the Capitol of said Nation, October session 1897. Mrs. Ellen Banks, et al V Muscogee or Creek Nation Now comes MRS ELLEN BANKS in behalf of herself and her five children viz: MALISSA LILIA, ELLEN PORTIA, WINSTON, ALBERT FREDERICK and ADA ROSALIND BANKS, and would most respectfully state unto your Honors, that she is a Creek Indian by blood, but in a lesser degree, and that she is the daughter of MISSOURI and LEVI HARRIS and that said MISSOURI HARRIS was the daughter of ELI BERRYHILL, and that said ELI BERRYHILL was a quarter blood Muskogee or Creek Indian and came from the State of Alabama to Texas in 1852 or 1853, and settled in Nacogdoches County, Texas where he resided until his death which took place in 1861, and that your petitioners were all born in Texas, and that said ELLEN BANKS was married there to W. T. Banks in the year of 1881 by whom she had five children named in this petition, and she would furthermore most respectfully state unto your Honors, that she was known ever since she was large enough to remember that she was a Creek Indian by blood and that she had no oppertunity to come to the Muskogee or Creek Nation until Nov. 1893, when her and her five children came to said Nation to claim their birth-rights, but that when she got here, she found the Alien Act debaring her and her children from their said rights, but she has since been informed that the Hon. Supreme Court of the said Nation has since declared said Act unconstitutional, and that now she is by birth entitled to be recognized as Citizen of said Nation. She would state unto your Honors that she has been domiciled in said Nation from 1893 until Nov. 1895 when she took up a temporary abode at Crebs in the Choctaw Nation in the Indian Territory, where she is now temporarily residing, but she now comes before your Honors and presents her petition for herself and children supported by their own affidavits and three creditable Creek Citizens as to the truth of the alligations therein and now she asks that your Honors by special act of your Council admit her and her five children to full Citizenship in said Creek Natin and that her name and the names of each of her children be placed on the Citizenship rools of said Muskogee or Creek Nation and that she be alowed all the rights, priviledges and emoluments of Citizens of the full blood residing in said Nation and as in duty bound she will ever pray &c. Sign here: ELLEN BANKS and she would furthermore most respectfully show unto your Honors that she has an uncle Z. T. BERRYHILL who has been recognized as a Citizen by said Nation, and she has a second or third cousin NATHAN BERRYHILL who has been recognized as a Creek Indian by blood and admitted to full citizenship in said Nation and that she has numerous other blood relatives who have been declared to be Creek Indians by blood and entitled to citizenship in said Muscogee or Creek Nation and are now enjoying their rights, titles and priviledges belonging to the citizens of the full blood, and she has numerous acquaintances in said Nation who are Creek citizens by blood and so recognized, who knew her in Texas when a child and who there knew she was recognized as a Muskogee or Creek Indian and that she has the same rights by birth, as was given to her other relatives and she asks that they be given to her by your Honorable Council. Personally appeared before the undersigned authority MRS ELLEN BANKS who on oath says all the facts set out in above petition are true. Subscribed and sworn to before me this Aug. 21st 1897. Chas. Jones; Notary Public Affidavit of Z. T. BERRYHILL [Zachary Taylor Berryhill], a Creek Indian, in behalf of his niece and her children and their claim for Citizenship. Now comes said Z. T. BERRYHILL who on oath says: I know MRS ELLEN BANKS and each of her five children and they are: MALISSA LILIA, ELLEN PORTIA, WINSTON, ALBERT FREDERICK and ADA ROSALIND BANKS. Mrs Ellen Banks was the daughter of Missouri and Levi Harris and she was born in Texas. MISSOURI HARRIS was my sister and a daughter of Eli Berryhill. Eli Berryhill was a quarter blood Creek Indian and came from Dadesville, Ala. and settled in Nacogdoches County, Texas in 1852 or 1853 and he died there in 1861. Our family were known in Texas as Creek Indians, and I came to the Nation in 1882 and have been duly recognized as a Creek Indian, and Mrs Ellen Banks is a Creek Indian by blood and she and her children came here in Nov. 1893 and remained here until Nov. 1895 when she took up a temporary abode in Krebs in the Choctaw Nation where she and her children are now. I know each of her children and know them to be Creek Indians by blood, but in a lesser degree. I knew Sam Doyle in Texas and he knew our family & knew we were recognized as Creek Indians. Mrs Banks wanted to get her rights when she came out here, but could not on account of what is known as the "Alien Act." Mrs Banks has a good many blood relatives here and they are all recognized as Creek Indians. Z. T. Berryhill Subscribed and sworn to before me at Eufaula, I.T. this Sept. 25th 1897 R. Thompson; Notary Public * * * * * Personally appeared before the undersigned authority SAM DOYLE; After being duly sworn disposes and says: I am a Creek Indian Citizen, living near Eufaula, I.T. I am 56 yers old and have been in this Nation 19 years. I knew ELI BERRYHILL in Nacaogdoches County, Texas, he was a quarter blood Creek Indian. I there knew his daughter MISSOURI who married Levi Harris and knew her daughter ELLEN, when a child and she was known and recognized in Texas as a Creek blooded girl. I have known her since she married W. T. Banks and I know and have seen each of her five children, Malissa L, Ellen P, Winston, Albert F., & Ada R. Banks. Mrs Banks and her five children came here to Eufaula, in Nov. 1893 I think and went out to her Uncle Z. T. BERRYHILL's place and she and her five children stayed in the Creek Nation about two years and I think they are at present in the Choctaw Nation. I know that Mrs Ellen Banks and each of her five children have Creek Indian blood in their veins. I knew all the BERRYHILLS of her family & know that in Texas they were looked upon as Creek Indians. When Mrs Banks came here she said she was here to establish her claim to citizenship and the claim of each of her children and she told me that she had come here as soon as she could. Sam H. Doyle Subscribed and sworn before me at Eufaula, Ind. Terr'y on this 1st day of October 1897. R. Thompson; Notary Public * * * * * Executive Office Muskogee Nation Okmulgee, I.T. Oct. 8th 1897 Gentlemen, I transmit herewith, the petition of Mrs Ellen Banks and her children, for citizenship for your consideration. Very Respectfully Isparhecher Prin. Chief 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