Vowell, before Dawes Commission (Berryhill, Self, Vowell, Gilcrease) Submitted by David Morgan dmorgan@efn.org Research of Thelmas Nolen Cornfeld ************************************************************************ 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/ *********************************************************************** Office of NATIONAL COMMISSIONER Roley McIntosh, President Wm. Anderson, Secretary P R Ewing Eufaula, I.T. Jan 15 1894 Deposition of W M Franklin in the case of H G Vowel H G VOWEL come to my house while I was out hunting work oxen and was at my house when I come home he did not tell me his business at the time After dinner I started out after my ox again he Vowel went with me and when we got out on the road near Bunnie McIntoshes place Vowel ask me if I would sell my wifes place I told him I would he asked me what I would take for it I told him I would take eight hundred dollars for it he offered me 5 hundred half trade We did not agree on the price that day I finely told him I would take six hundred & fifty dollars he offered 500 & 50 dollars but we did not agree on that and we parted that day The next day he come to my house and said that he had made up his mind to take me up and pay me six hundred & fifty dollars in trade and Three hundred in cash I had not met Vowel to know him before he come to my place When we got our sale arranged & the Bill of Sale compleet one THOMAS SELF paid me one hundred & fifty dollars I was not acquainted with Mr Self but Mr Vowel told me that his wife was a Creek but had not yet established her claim and wanted me to make out The Bill of Sale to one Thomas Self which I did Mr Self had never spoken to me about buying my place and the money that was paid to me by Mr Self I am satisfied was Vowels money Wm Franklin Subscribed and sworn to before me this 15 January 1894. Jno F. Simpson Notary Public * * * * * Eufaula I.T. [undated] Mrs H G VOWELL who claims to be a sister to JAMES and THOMAS SELF, and a citizen of the Creek Nation - claims the right by reason of her relation to James and Thomas Selfs whose rights to Citizenship have been recognized by the Authorities of the Creek Nation as was provided by law - I know where the Selfs rights were examined and recognized - but the said Mrs H G Vowell was not in the Creek Nation at the time neither did she present any petition at the time. C. S. Smith Following is the Application for Creek Nation Citizenship of Martha Ann (Self) Vowell, for herself and her children: Case 101 Okmulgee, M.N. Citizenship Commission July 16th 1895 of the Muskogee Nation:- Gentlemen: I here and my children and grandchildren make an Application for Citizenship in the Muskogee Creek Nation by blood. I can prove to your Honorable Commission that I am a full sister to TOM SELF and J. B. SELF and they long since recognized by the Nation and have participated in the previous Creek payments and belong to Broken Arrow Town. Also their names appear on the Authenticated Rolls, and further prove that BOTH MY PARENTS WERE HALF CREEK. The witnesses I can prove by all of these Follows:- Tom Self Applicants J B Self Martha Self Vowell John Self Joe Vowell Nathan Berryhill Sam Vowell Lydia Vowell Nation Witnesses Maggie Vowell P R Ewing Tom Vowell Wiley McIntosh John Vowell Rena Vowell Cassie Vowell Leroy Vowell Lizzie Gilcrease (daughter of Tom Gilcrease (Mrs Vowell Eddie Gilcrease (and Ben Gilcrease (her children Bond for one ($100.00) Hundred Dollars signed by Martha Self Vowell as Principal and Tom Self as surety was filed and approved by J H Lynch James Colbert Clk Pres Commission Following Are statements to Establish the rights of Martha (Self) Vowell, as a Creek Nation citizen: STATEMENT OF MARTHA VOWELL: I am James Self's Sister and I was recognized as being a Citizen by blood. I was recognized in 1883 by Judge Freeman. Q. Were you present at the time you was recognized? No my brother Tom represented me. Where were you living when your brother made the application? I was living in Louisiana. Was you married at the time the application was made? I was married. Did you say you was living in Louisiana at the time you was recognized a citizen? Yes my brother represented me. Was you the only one of the family living [there] at that time? Yes I HAD ANOTHER SISTER AND SHE DIED DOWN THERE. [This would be Catherine Elizabeth (Self) Izgate. TNC] Where were you born? In Texas. When did you come to this country? About 5 years ago and the reason I did not come before I could not get my old man off. How many children have you? I have ten children. Are they all here now? Yes sir, my oldest daughter is married. Her name is GILCREASE. Have you a certificate from the Court showing that you ever were recognized a citizen? No sir. What town does your brother belong to? He belongs to Broken Arrow Town. Your two brothers are enrolled in Broken Arrow Town? *YES TWO BROTHERS AND ONE SISTER. Did your Town Chief ever enroll yourself and children? No sir. So you are left out from your brothers and sisters? Yes sir. I understood you to say you are a sister to Tom Self - are you one father and mother? Yes sir. I understand you to say that you lived in Louisiana when you were recognized as citizen? Yes sir. Did you have any children between the time you were recognized as citizen and the time you came here? Yes sir. Was you ever enrolled? I think not. How many children have you? I have ten. Did you bring all these with you when you came from Louisiana? All but one. How long have you been in this country? 5 years. What was the reason you were not enrolled when you were recognized? My brother Tom neglected it. Was your daughter married here? No sir. Was she admitted the same time you was. No. What is your daughter's name? Lizzie Gilcrease. NOTE! I find no sister to Martha (Self) Vowell, who is on the Final Rolls of the Creek Nation. If there was another sister, as I read this statement to say, then she died before 1899, or returned to Louisiana and I don't recognize her in the 1900 Census records of that state. TNC. TESTIMONY OF TOM J. SELF: Are you a Citizen of the Creek Nation? Yes. Bonefide or adoption? Bonefide. How old are you? 37 years. MARTHA VOWELL IS MY SISTER she was recognized the same time I was in the Eufaula Dist Court. Are you the man who represented Martha Vowell at the time she was recognized? Yes sir. Who was the Dist Judge? George Freeman. Who was your lawyer when you was admitted? I had no lawyer. Why did you fail to have Mrs Vowell's name enrolled on the town roll? We just neglected that was all. Was you married when you mother (?Sister) was admitted in 1883? Yes sir. Was Mrs Vowell's married daughter admitted the same time you was? Yes sir I think we were all admitted at the same time. Was your mother admitted the same time you and Mrs Vowell was admitted? No sir. How many Self families were admitted the Same Time? There were 3 in all. Did you ever get a Certificate of Citizenship from the Chief? No sir. Did you get one from the Court? (-?-). Was you married when you came to this country? Yes sir. Who was the Clerk of the Court when you were admitted? Charley Smith. Are you and applicant brother and sister? Yes sir, one father and mother. Did you think you were Indians before you came here? Yes sir. I was taught that I was Indian before I came here. *Old man Self claims to be Indian what degree of Indian blood has he? (-?-). Did you say you had no certificate from the Court? No sir. Old man Self get any? No sir. When this applicant made application and the Council rejected her and when she went to the Agent what did he say? She got a notice one time that she was an intruder and for her to get out and she wrote to the Agent about that and has his letter now. You say Charley Smith was Clerk of the Court why did you not have him here? I thought he was here but he has gone. TESTIMONY OF JOHN SELF: [This is John Robert Self, son of John Clarke and America Sophronia (Berryhill) Self. TNC.] What is your name? JOHN SELF. How old are you? 41 yrs. What dist. do you live in? I live in Eufaula Dist. MARTHA VOWELL IS A FIRST COUSIN OF MINE and she was represented in the trial when we were all tried in Eufaula Dist. by her brother Tom Self. She was one of the parties who were in the trial that I swore to awhile ago and I don't think it worth while to go through again. I swear that she was admitted in the trial we was and she is a cousin of mine and a Creek Citizen by blood. Who were your lawyer when you was admitted? We employed Col. D. N. McIntosh but he was sick and could not be there so we had no lawyer present at the trial. In the SUTTON CASE did you not say Rolley McIntosh was your lawyer? He was in Superior Court and not in Eufaula Dist. Did you ever get a certificate of citizenship? No sir. Was Mrs. Vowell's married daughter admitted the same time she was? I could not say so she was not married at that time but as a matter of fact if her mother was admitted she was to. How many children and grandchildren has Mrs Vowell? I think she has ten children and I think three or four grandchildren. I am not sure. What relation are you and Mrs Vowell? We are first cousins. You say you was recognized a citizen was your name enrolled in your town? Yes some of us was enrolled and some not. I was not here so don't know the reason that all were not enrolled. I was left off myself. When Martha Vowell came to this Country did she try to enroll her name in her town? Yes sir. Is she enrolled in Broken Arrow Town? She may be I have never seen the Town Roll for two years or more. There was once a Commission of three created who set her case aside. Was you a witness in her case before the Agent? I was not a witness but I was asked (a) few questions. He said they could not put her out without giving her a trial. Are in the town Roll now? Yes sir. Did you say you are first cousin to the applicant? Yes sir. On what side? On my father's side. Was he white or Indian? He was an Indian. Did you ever vote for any of your Town memers? (-?-). You say she came to Council from time to time why did she do that? She wanted to get her name on the roll as her name was not on the roll. NATIONAL WITNESS - TESTIMONY OF ROLEY MCINTOSH [II]: There was a Commission of 3 appointed and I was on the Commission but did not know this lady but when investigating we learned who she was. I had witnesses in the case and I took the affidavit of Charley Smith he SAID THAT THE SELFS HAD PROVEN UP THEIR RIGHTS before Judge Freeman but this woman was not with them and I asked Chas Smith if this woman had proven up her rights and he said he did not know if she had. I took the affidavit of Chas Smith and Will Franklin and they said that this woman was not in the application and the papers that I had are in the Agent's office. And Will stated that this applicant's husband was a whiteman and she was also doubtful citizen and wanted to buy a place thinking they would prove up their rights. What did Will get for his place? He did not sell the place himself his wife sold the place as the bill of sale reads that way. He said I sold him the place on these terms with the understanding that they would prove their rights so the bill of sale was made in the name of her brother Tom Self. I remember the third person that was in the case. It was Geo Hall who wrote the bill of sale and Sam Logan wrote the note as well as I can remember. I saw the bill of sales given by Will in Tom Self's name. I asked him all about it and had them before the Agent. Will got me to collect the ballance due him on the place and this woman's husband brought the money and paid it to me himself is the reason I think Will's statement is alright. You say you took their case before the Agent. Did he say they were intruders, and notify them to leave? Yes by Wiley McIntosh an officer. You say the Agent said they were intruders? Did he say they did not have Indian blood? No it was based on Alien Act. It is said that I was an attorney in their case, I can tell you when Old man Self employed me it was done through Col D N McIntosh & McCombs as we were partners in the practice of law and I made a talk before the Council and they said go to the Dist Court Judge so they returned to the Dist Judge and I was not there at that time and some years after that case was referred back to the Dist Court OLD MAN SELF, TOM SELF AND GEN BERRYHILL were admitted and the Supreme Court decided that the action of the Dist Court was in accordance with law and after the Supreme Court Old man Self wanted to get certificate of citizenship from the Chief but the Chief would not give them certificates on the grounds that they were not adopted Citizens but recognized Citizens and told me to tell them about it but I told him I could not talk English and he told them so I guess he did, I could not understand what he said. Who appointed them Commissioners? Council. *NOTE! "Old man Self" was Eli Alfred Self, uncle to Martha (Self) Vowell. TNC. Decision of the Commission in the Case of Martha [Self] Vowell: Okmulgee, I.T. Sept 1st, 1896 The Application of Martha Self Vowell filed before this Commission is for Citizenship in the Muscogee Nation by blood. The evidence in this case shows conclusively that the applicants are Creek Indians and had made application to and were admitted by the Dist Court of Eufaula. Therefore we the Citizenship Commission do decide that the applicants MARTHA SELF VOWEL, children, JOE, SAM, LYDIA, MAGGIE, TOM, JOHN, RENA, CASSIE, and LEROY VOWEL and grandchildren LIZZIE, TOM, EDDIE, and BEN GILCREASE are entitled to citizenship in the Muscogee Nation by blood and it is so declared by the Citizenship Commission of M.N. M. M. McIntosh David Cummings Clk Pres. Commission Pro tem Martha (Self) Vowell was granted citizenship into the Creek Nation and she and her children are on the Final Rolls of the Creek Nation. Following is the Creek Census Card for Martha and her unmarred children: Dawes Name age sex DIB Father Mother No. Card No. 457 P.O. Mounds 9 June 1899 1510 Vowell, Martha 44 F 1/2 Samuel Self Clarinda S. 1511 Tom son 17 M 1/4 Hamp G. Vowell No. 1 1512 John son 13 M 1/4 Hamp G. Vowell No. 1 1513 Rena dau 11 F 1/4 Hamp G. Vowell No. 1 1514 Cassie son 7 M 1/4 Hamp G. Vowell No. 1 1515 Leroy son 4 M 1/4 Hamp G. Vowell No. 1 1516 Jessie son 1 M 1/4 Hamp G. Vowell No. 1 Martha Ann (Self) Vowell died in Mounds, Indian Territory, 28 November 1904. She is buried in the family Cemetery, near Mounds, Oklahoma. Hamilton "Hamp" G. Vowell died in Mounds, Oklahoma, 1 April 1910. He is buried in the Family Cemetery near Mounds.