Frances E. Chouteau

Department of the Interior
Commission to the Five Civilized Tribes
Nowata, Indian Territory
October 16, 1900

In the matter of the application of Francis E. Chouteau for the enrollment of himself, wife and children as Cherokee Citizens being sworn and examined by Commissioner Needles, he testified as follows: 

Q. What is your name? 
A. Francis E. Chouteau

Q. What is your age? 
A. 40

Q. What is your post office address? 
A. Lenapah

Q. In what district do you live? 
A. Cooweescoowee

Q. Are you a recognized citizen of the Cherokee Nation by blood? A. Yes, sir

Q. What degree of blood do you claim? 
A. Quarter

Q. For whom do you apply for enrollment? 
A. For myself and wife and three children

Q. What is the name of your wife? 
A. Annie M.

Q. Is she a citizen by blood? 
A. No, sir

Q. Have you any marriage certificate?  
A. Yes, sir (produce paper)

COMMISSIONER: The applicant presents certificate of marriage in due form certifying that he was married according to the act of the State of Illinois to one Anna Mariah Daley, a non-citizen, on the 20^th day of November, 1883.

Q.     What are the names of your children under 21 years of age at home?  
A. 
Mary F., 16
Francis E. Jr., 14
Cyprian W. 11
That’s all.

Q. Are there children alive and living with you?  
A. The first one Mary, is dead.

Q. How long have you lived in Cherokee Nation?  
A. 5 years

Q. Where did you live previous to that?  
A.  Kansas City, Missouri.  This oldest daughter just died in August this year.

Q. You have lived here five years and previous to that you have lived in the State of Missouri? 
A. Yes, sir

Q. You are a permanent resident now?  
A. Yes, sir

Q. Where were these children born?  
A. All of them born in Missouri.

Q. Is your name on the roll of 1880?  
A. Yes, sir

Q. What is the name of your father?  
A. Cyprian

Q.  Is he living?  
A. No, sir

Q. What is the name of your mother?  
A. Nancy

Q. Is she living?  
A. Yes, sir

Q. Did you own property here before you came here?  
A. Yes, sir. I made a place in 1881 here.

Q. In what part of Kansas did you live?  
A. I was born in Johnson County, Shawnee Reservation.

Q. You lived at that place until five years ago?  
A. No, sir, I  was living in Missouri, Kansas City, Jackson County.

Q. Have you removed into the Territory with the intentions of remaining here?  
A. Yes, sir, oh, yes sir.

Q. What degree of blood do you claim?  
A. Quarter

Q. Where were you living in 1898?  
A. I was living in the Territory.

Q. What district would you be in in 1880?  
A.  Cooweescoowee

Q. Did you ever pay the one hundred ninety-five dollars?  
A. Yes, sir (produce papers)

Q. Have you any receipt for it?  
A. No, sir.  they never give me any receipt for it.

Q. When did you pay that?  
A. November 1880

1896 Roll 
page 339 # 104 - Francis E. Chouteau - Cooweescoowee District 
page 300 # 261 - Annie M. Chouteau - Cooweescoowee District
page 339 # 106 - Francies E. Chouteau - Cooweescoowee District
page # 339 107 - as Cyprin W. Chouteau - Cooweescoowee District

COMMISSIONER NEEDLES: The applicant presents a certified copy of an act of the Cherokee legislature; admitting among others, one Francis E. Chouteau to all the rights of: Cherokee citizenship as a Shawnee; said act being approved by D. W. Bushyhead, Principal Chief, on the 6th day of December 1880; the certified copy presented being certified to as a true copy of the act; signed by B. W. Alberty, Assistant Executive Secretary, under the seal of the Cherokee Nation; said act provides that the said, Francis E. Chouteau should be admitted to all the rights of Cherokee citizenship upon the condition that he pay to the Treasurer of the Cherokee Nation the sum of 195 dollars, said applicant avers that he has paid said money; his name is not found upon the authenticated roll of 1880, but is found upon the census roll of 1896, he presents satisfactory proof of his marriage to one Anna M. Daley, a non-citizen, in the year 1883, and the name of Anna M. Chouteau, nee Daley, is found upon the census roll of 1896; the names of his children, Francis E. Jr., and Cyprian W. are also found upon the census roll of 1896; said certificate of admission is filed herewith and said applicant now presents a receipt under date of September 17th, 1889, signed by D. W. Lipe, Treasurer of the Cherokee Nation, under the seal of the Cherokee Nation, said receipt being for the sum of 195 dollars paid in accordance with the act of the National Council approved December 6, 1880, as shown by the records of the office of date page and number of the rolls, indicated in the testimony; he avers in his testimony that he removed to the Cherokee Nation from the State of Missouri in the year 1895, and because of an act of the National Council of the Cherokee Nation that…

“All persons who have been or may hereafter be re-admitted to citizenship in the Cherokee nation, are hereby required to permanently locate within the limits of the Cherokee Nation within six months from the passage of said act, or from the date of readmission of the persons hereafter readmitted, or no rights whatever will accrue to such person by reason of such readmission; provided that nothing in this act shall bar minors and orphans.” 

Said act being approved on the 4th day of December 1894; and because of the fact that the provisions of the Treaty of 1869 approved by the President, June 9th, 1869.

“All Shawnees who shall elect to avail themselves of the provisions of said treaty shall register their names and permanently locate in the Cherokee country as herein provided within two years from the date hereof: otherwise they shall forfeit all rights under this agreement.” 

Final decision as to the enrollment of said applicant and his said family is suspended, and their names will be placed upon a doubtful card; you will be notified of the decision of the Commission when it is rendered as to your case. 

M. D. Green, being first duly sworn, states that as stenographer to the Commission to the Five Civilized Tribes he correctly recorded the testimony and proceedings in this case and that the foregoing is a true and complete transcript of his stenographic notes thereof.

Signed: M. D. Green

Subscribed and sworn to before me this 16th day of October 1900.

Signed: C. R. Breckinridge, Commissioner

Francis E. Chouteau

Transferred from Cherokee Card D-597

Department of the Interior
Commission to the Five Civilized Tribes
Muskogee, Indian Territory
March 5, 1902

SUPPLEMENTAL TESTIMONY AND PROCEEDINGS in the matter of the application of Francis E. Chouteau for the enrollment of himself and wife as Cherokee citizens.

Appearances:

J. H. Keith, Coffeyville, Kansas, attorney for the applicant

W. W. Hastings, attorney for the Cherokee Nation 

BY COMMISSION: The applicant was notified by registered letter February 13, 1902, that his application for the enrollment of himself and wife and children as citizens of the Cherokee Nation would be taken up for final consideration by the Commission at its office in Muskogee, Indian Territory, on the 5th day of March, 1902, appears in person and by his attorney, J. H. Keith, Coffeyville, Kansas. 

BY COMMISSION OF ATTORNEY KEITH: Any statement you desire to make relative to this case? 
A. Yes, sir

FRANCIES E. CHOUTEAU, being duly sworn, and being examined testified as follows:

BY MR. KEITH:

Q. Give your name and post office address? 
A. Francis E. Chouteau, Lenapah, Indian Territory

Q. How old are you? 
A. 42

Q. When did you first come to the Indian Territory? 
A. 1878

Q. From whence did you come? 
A. From Kansas City, Missouri

Q. When did you first made a location in the Indian Territory? 
A. 1882

Q. Where? 
A. Why two miles and a half of west of Lenapah.

Q. Do you now reside there? 
A. Yes, sir

Q. How much of your time were you in the Indian Territory after 1882? 
A. I was here all along from one to six months every year.

Q. When did you cease to go away; and reside here permanently? A. I moved here in May, 1895, and I have been here permanently ever since.

Q. Prior to that time you had been coming back and forth? 
A. Yes, sir

Q. Did you have the home that you now have prior to 1895 in the Indian Territory? 
A. I had the place, yes, sir

Q. You had owned it since 1882? 
A. yes, sir

Q. Did you commence making the place in 1882? 
A. yes, sir

Q. That is the place upon when you now reside? 
A. Yes, sir

Q. I will ask you between the years of 1882 and 1895 if you exercised the rights of citizenship in any other country beside or outside of the Indian Territory; did you ever vote in Missouri or Kansas during these years? 
A. No, sir

Q. Did you in the Indian Territory? 
A. Yes, sir

Q. Did you exercise any other rights of citizenship in the Indian Territory between those years? 
A. I was subpoenaed before the court of the Indian Territory and served on the jury.

Q. I will ask you what was your intention after that prior to 1895 as to your future residence? 
A. I always intended living here.

Q. In the Indian Territory? 
A. Yes, sir

Q. Do you know how much of the year 1882 you spent on your farm in the Indian Territory? 
A. Yes, sir, I was here two months.

Q. You know how much you spent here in 1883? 
A. Why I can’t say for certain, the number of months of each year; I stayed from on to six months every year.

Q. One to six months in each year between these years? 
A. Yes, sir

Q. And that was your home during that time? 
A. Yes, sir


BY MR. HASTINGS:

Q. How long was your wife down here in 1882? 
A. Never was here, not until 1894.

Q. Where did you marry her? 
A. Illinois

Q. State of Illinois? 
A. Yes, sir

Q. When? 
A. 1883

Q. Where were all of these children born then? 
A. Kansas City

Q. She lived there continuously all the time up until 1895? 
A. Yes, sir

Q. All of these children were born there? 
A. Yes, sir

Q. Did you have a house there? 
A. No, sir

Q. Had you rented one? 
A. No, sir, it belonged to my mother and I lived with her.

Q. You wife was there and never come to the Territory until 1895 and all of your children were born there, and still the Cherokee Nation was there home? 
A. Yes, sir, I never voted in Missouri

Q. Who did you vote for down here? 
A. I voted for Mr. Buffington, last election

Q. Now who before 1895? 
A. I voted for Sam Mayes

Q. Well that was the year 1895, who did you vote for before that now? 
A. I don’t remember now.

Q. You didn’t vote for anybody did you? 
A. Yes, sir, I voted every year since 1882.

Q. But you can’t remember who they were can you? 
A. No, sir

Q. Never voted up yonder? 
A. No, sir

Q. Always intended to come back here? 
A. Yes, sir

Q. Did you ever intend to take a trip to Europe? 
A. No, sir

Q. What did you give for that place in 1882? 
A. Seventy-five dollars

Q. Who did you buy it from? 
A. Frank Chouteau, my cousin

Q. Have you ever got a bill of sale for it? 
A. No, sir

Q. Never did have one? 
A. No, sir

Q. How much was in Cultivation? 
A. About 2 Acres

Q. You have had a leaser on that all the time? 
A. No, sir

Q. How much rent did you get in 1882? 
A. one-third

Q. How much? 
A. I guess about ten dollars

Q. How much rent did you get in 1883? 
A. I improved it in 1883, and plowed out about a hundred acres.

Q. Did you pay for it? 
A. Yes, sir, I paid two dollars an acre to have it improved.

Q. Who did you pay it to? 
A. Morrison

Q. What were you doing in Kansas City from 1882 to 1885? 
A. Going to school.

Q. What sort of school were you going to? 
A. Public school.

Q. You? 
A. Yes, sir

Q. When did you quit going to school? 
A. in 1887.

Q. What did you do form 1887 an up to 1895, eight years? 
A. I worked one year for a notary public up there.

Q. What were you doing the next year? 
A. Not anything, I come down here, I had cattle down here.

Q. Where did you have them? 
A. In the hands of Mr. Jim Elliott.

Q. When did you buy those cattle? 
A. In 1886, I think.

Q. That was while you was going to school? 
A. Yes, sir

Q. How long did you stay down here with your cattle? 
A. I , from one to six months every year.

Q. Well I want to know that year, 1886? 
A. Why I can’t tell you.

Q. Do you know in 1887? 
A. No, sir

Q. Do you know in 1887? 
A. No, sir

Q. What did you do in Kansas City in 1887? 
A. Not much of anything.

Q. What did you do there in 1889? 
A. I was not in any business at all.

Q. What was you doing in ’90? 
A. I was not in any business at all.

Q. 1891? 
A. No

Q. 1892? 
A. No

Q. Nothing in 1893? 
A. No, sir

Q. Nothing in 1894? 
A. No, sir

Q. Three of these children by your last wife were born there in Kansas City? 
A. Yes, sir

Q. She never came here until 1895? 
A. No, sir

Q. Your mother dead? 
A. No, sir

Q. She lives up there yet? 
A. Yes, sir

BY MR. KEITH:

We desire the privilege of introducing further testimony in this case. The applicant, by his attorney J. H. Keith, asks for a continuance, for the reason that the attorney was only employed this morning, and the applicant being unfamiliar with the rules and practices before this commission he brought the affidavits of various and divers persons to establish his citizenship and residence in the Indian Territory, and under the rules and regulations governing the practice before this commission affidavits are inadmissible; therefore desire a continuance until the 20th day of March, 1902, in which to produce witnesses to appear before the commission in his behalf. 

BY COMMISSION OF MR. HASTINGS: 
Do you consent to a continuance, Mr. Hastings? 
A. Yes, sir. I don’t care. 

BY COMMISSION: The request of the attorney for the applicant for a continuance will be complied with and the case will be continued until the 20th day of March 1902. 

MR. KEITH: In this case we desire to introduce a marriage certificate. 

BY COMMISSION: There is offered into evidence by the attorney for the applicant a certificate showing that Francis E. Chouteau and Anna Maria Daley were united in matrimony by E. C. Sickles, Pastor Presbyterian Church, of Dixon, Illinois, on the 20th day of November 1883. Same is filed and made a part of the record. 

BY MR. HASTINGS: 
Special attention is called by the representatives of the:
Cherokee Nation to the residence given by the applicant at that time in his marriage certificate.

I, M. D. Green, do hereby certify that as stenographer to the Commission to the Five Civilized Tribes I correctly recorded the testimony and proceedings in this case and that the foregoing is a true and complete transcript of my stenographic notes thereof.

Signed: M. D. Green


I, George R. Smith, being first duly sworn, state that as stenographer to the Commission to the Five Civilized Tribes, the foregoing is a true and correct copy of the original testimony taken in the matter of the above application now on file in the Cherokee Land Office.

Signed: George R. Smith

Subscribed and sworn to before me this 21st day of March, A. D. 1904.

Samuel Foreman, Notary Public

Frances E. Chouteau

Department of the Interior
Commission to the Five Civilized Tribes
Muskogee, Indian Territory
March 20, 1902 

In the matter of the application of Francis E. Chouteau for the enrollment of himself, wife and children as citizens of the Cherokee Nation. 

Applicant represented by J. H. Keith, Coffeyville, Kansas

Cherokee Nation represented by W. W. Hastings

Case continued by agreement from March 5 to March 20, 1902.



MR. KEITH:

Q. Please state your name and place of residence? 
A. John R. Welch, Lenapah, Indian Territory. 61 or 2 years old, I don’t know exactly.

Q. How long have you resided in the Indian Territory, Mr. Welch? A. I come here in ’71.

Q. What is your nationality? 
A. Shawnee

Q. By blood? 
A. Yes, sir

Q. Are you acquainted with Frances E. Chouteau? 
A. Yes, sir

Q. How long have you known him? 
A. I have knowed him ever since he was three or four years old, and younger that that.

Q. Do you know when he first came to the Cherokee Nation? 
A. Well, he came down in ’81 and built, but he came down before that a few times.

Q. He built a house in the Cherokee Nation in 1881? 
A. Yes, sir

Q. Where? 
A. On California Creek, southwest of Lenapah about two or three miles.

Q. Does he still own that farm? 
A. yes, sir

Q. Has he owned the improvements ever since he built the house there in 1881? 
A. Yes, sir

Q. Do you know how much of the year 1881 he spent in the Cherokee Nation? 
A. in 1881?

Q. Yes, sir 
A. He spent three or four months.

Q. You know how much of the time he spent in the Cherokee Nation in 1882? 
A. About the same, somewhere along there, I don’t know exactly, but three or four months.

Q. Between the years 1882 and 1895 about how much of his time did he spend in the Cherokee Nation each year? 
A. Well, he spent about hat much all the time, he was with me every spring and through the summer; he must have spent three or four months during each year.

Q. You said he spent three of four months during each year between 1881 and 1895? 
A. Yes, sir, about that much I think.

Q. What was he doing when he was down here? 
A. Well, he was down on the farm part of the time, and he had some cattle down there.

Q. Did he improve the farm upon which he now resides during those years? 
A. Yes, sir

Q. You know where he boarded when he was here? 
A. He boarded with me, stayed with me every year.

MR. HASTINGS:

Q. What kin are you to him? 
A. Well, I married in the family. I don’t know what kin I am to him.

Q. Don’t know what relation your wife is to him? 
A. Why I married his uncle’s daughter.

Q. This man was married himself in the states, wasn’t he? 
A. Yes, sir

Q. In what year? 
A. Who?

Q. Francis Chouteau. 
A. Oh, yes, he was married in the states.

Q. What year? 
A. I don’t know what year he was married.

Q. How much of the year of ’93 did he spend in the Cherokee Nation? 
A. ’93?

Q. Yes, sir. 
A. Well, he was at my house in ’93, he spent part of the time, every year….

Q. Well, do you remember that specific year of ’93? 
A. I don’t think I know; there’s nothing that I can go by.

Q. Do you remember the year of ’86 how much of the time he spent at your house? 
A. I couldn’t figure out how much he spent, but he was there.

Q. How much of the year of ’85 did he spend at your house? 
A. He must have spent the spring and fall, I know.

Q. How many children was born in the Cherokee Nation? 
A. I don’t think there was any of them born there.

Q. When was the first time you ever laid eyes on his wife? 
A. Oh, a good while ago.

Q. Where did you see her? 
A. In Kansas City.

Q. But I mean inside of the Cherokee Nation? 
A. Well, she was here sometime, it must have been in 1890. 

Q. The year 1890? 
A. Yes, sir

Q. Come down on a visit? 
A. Came down on a visit.

Q. How long did she stay that time? 
A. Well, I don’t remember how long she staid, it must have been three or four weeks anyhow.

Q. She was living in Kansas City? 
A. Yes, sir

Q. That is the first time she had ever seen the Cherokee Nation? A. Yes, sir, the first time I seen her in the Cherokee Nation.

Q. Well, she never came down here at all until the year of ’98 to live? 
A. ’94 or ’95 somewheres

Q. Well, do you know which year it was? 
A. I don’t know exactly but it was ’94 or’95.

Q. Well, was it in August or September? 
A. The last of May, sometime in May.

Q. Well, if he stated he came here in May, ’95, do you think he was correct? 
A. It was in May, it was in ’95 I guess it’s pretty near correct.

Q. Now what you what to be understood as swearing is that this man had a farm down here in the Cherokee Nation, and he occasionally left his wife away up there in Kansas City and he came down here off and on, and spent part of his time upon the farm; that is what you wanted to say? 
A. No.

Q. That isn’t it? 
A. He was down here several years that I know of.

Q. Well, he only comes down and said a short time and kept his family back up there, was that it? 
A. Yes, sir, he came and didn’t bring his family down.

Q. There were left back up there? 
A. Yes, sir

Q. But he never made a crop on the place himself individually and personally? 
A. No, sir, I don’t think he ever made any crop himself. 

J. H. Shufelt, being duly sworn, testified as follows:

MR. KEITH

Q. Please state your name and place of residence? 
A. J. H. Shuflet, Lenapah, Indian Territory

Q. How old are you, Mr. Shufelt? 
A. 31

Q. How long have you resided in Lenapah? 
A. Been living in town about ten years.

Q. How long have you lived in the Cherokee Nation? 
A. Since ’84.

Q. Are you acquainted with Francis E. Chouteau? 
A. Yes, sir.

Q. How long have you known him? 
A. Why I have known him ever since I was about ten years old, I guess.

Q. Do you know when he first came to the Cherokee Nation? 
A. I seen him the first year I was here, seen him down here.

Q. How long was he here that year, do you know? 
A. I don’t know.

Q. How often did you see him here between the year ’84 and the year ’95? 
A. Why, I think I see him down here pretty near every summer and fall.

Q. Do you know how long he would stay when he would come down between those two dates? 
A. No, I don’t know how long he would stay, couldn’t say about that. 



Francis E. Chouteau 42 years D# 30809 ¼ Choctaw

Cyprian W. Chouteau 13 years D# 30811 1/8 Choctaw

Francis E. Chouteau Jr. 16 yeas D# 30810 1/8 Choctaw

Karl F. A. Chouteau 2 years D# 30812 1/8 Choctaw

All on Census Card # 10363

Transcribed by Catherine Widener, 2003