Parker, Annie nee Stubblefield

Annie Parker

Census Card Packet #10366

Transferred from D-261

Department of the Interior

Commission to the Five Civilized Tribes

Pryor Creek, Indian Territory

September 11, 1900.

In the matter of the application of Theophilus H. Parker for the enrollment of himself as a Cherokee by intermarriage, and his wife as a Cherokee by Blood; being sworn and examined by Commissioner Needles, he testified as follows:

What is your name? A. Theophilus H. Parker.

What is your age? A. I am 58 years old in October; I applied under the act of 1896, I was admitted by the Courts; for myself by adoption and my wife by blood.

Q. What is your postoffice address? A. Claremore.

How long have you resided in the Cherokee Nation? A. I came here the first day of last March, a year ago. The first day of March 1898? A. Yes, sir

How long have you lived in the Indian Territory? A. I moved in the Indian Territory in 1890. And in the Cherokee Nation in 1899? A. Yes, sir

You apply as a Cherokee citizen by blood? A. No, sir, by intermarriage.

Does your name appear upon any of the Rolls of the Cherokee Nation? A. No, sir; I applied through the Dawes Commission under the act of June 10, 1896.

Does the name of your wife appear upon any of the Rolls of the Cherokee Nation? A. I don’t think that it does.

Did you apply to the Commission to the Five Civilized Tribes, as known as the Dawes Commission, for citizenship in the year 1896? A. Yes sir, I did.

Were you admitted or rejected? A. I was rejected by the Dawes Commission and I appealed before Judge Townsend.

Where did you apply to the Dawes Commission? A. Well, Judge Kilgore was judge at that time but he died before my case came up.

For whom do you apply for enrollment? A. No one but my wife and myself.

Is your wife present? A. No sir, she is sick now at Ardmore.

What is the name of your wife? A. Anna Parker

What is her age? A. Well, she don’t know her age exactly, she is about 85 I suppose.

Is she living? A. Yes, sir.

MR. W. W. HASTINGS, representative of the Cherokee Nation:

Did you ever live in the Cherokee Nation? A. No, sir, I never lived in the Cherokee Nation.

Where were you married? A. I was married in Texas.

When? A. in 1870.

You were married according to the laws of the Cherokee Nation? A. I don’t think that I was.

You never got license in the Cherokee Nation? A. I don’t think that I did; no, I did not.

You never married before, but the one time? A. No, sir.

You never lived in the Cherokee Nation? A. No, sir.

You now reside where? A. At Claremore, Cooweescoowee District

When did you more to Claremore? A. The first day of March, 1899.

You never lived in the Cherokee Nation before that time? A. No, sir.

Commissioner Needles: The applicant, Theophilus H. Parker, applies for enrollment by virtue of a decree of the United States Court for the Southern District of the Indian Territory. It appears that the said applicant applied to the Dawes Commission in 1896 for citizenship, and was refused, and appeal was taken to the United States Court for the Southern District of the Indian Territory, and upon said appeal being heard, the said applicant and his wife, Annie, were admitted. The certified copy of said decree is presented and the records of this Commission will show the same facts. The representatives of the Cherokee Nation protest against the enrollment of said Theophilus H. Parker and his wife, Annie, for reasons which will be submitted by them in writing and filed with this application; consequently the final judgement as to the enrollment of the said applicant and his wife at this time will be suspended, and their names will be placed upon a doubtful card. The final decision of the Commission as to the application herein will be forwarded to the applicant when made by mail. Any evidence or argument which he may desire to bring before the Commission before the final judgement, he will be entitled to present.

Bruce C. Jones, being duly sworn, says that as stenographer to the Commission to the Five Civilized Tribes, he correctly recorded the proceedings and testimony in the above case, and the foregoing is a true and complete transcript of his stenographic notes thereof.

Signed: Bruce C. Jones

Sworn to and subscribed before me this 12th day of September 1900.

C. R. Breckinridge, Commissioner

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CHEROKEES BY BLOOD

Date: September 11, 1900

Claremore, Indian Territory

Name: Theophilus H. Parker

Intermarried Citizen-DOUBTFUL

Applicant to be notified as to time of final hearing in order that he may appear, in person or by attorney.

D # 261

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IN THE UNITED STATES COURT IN THE INDIAN TERITORY

SOUTHERN DISTRICT

AT ARDMORE

Annie Parker, et al Plaintiffs

The Cherokee Nation, Defendant

On this day came onto the heard before the Court the case of Annie Parker and others against the Cherokee Nation upon the report of the Master in Chancery and the exceptions thereto, heretofore, files in this cause and the Court after being fully advised as to said Masters report and the exception thereto sustains and confirms said report and overrules the exceptions filed thereto and admits to citizenship of the Cherokee Nation, Annie Parker, Elmer Stubblefield as citizens by blood and T. H. Parker as a citizen by intermarriage in accordance with said Master’s report.

Wherefore: It is ordered, decreed and adjudged by the Court that the applicants Annie Parker and Elmer Stubblefield, be admitted and enrolled as citizens of the Cherokee Tribe of Indians by blood, and the applicant T. H. Parker, is hereby admitted and enrolled as a citizen of the Cherokee Tribe of Indians by intermarriage, and entitled to all the privileges and immunities pertaining to such citizenship. It is further ordered that Annie Parker, T. H. Parker and Elmer Stubblefield recover of the Cherokee Nation all costs herein expended for which 1st execution issue.

United States of America,

Indian Territory

Southern District

I, C. M. Campbell, Clerk of the United States Court within and for the Southern District of the Indian Territory, do hereby certify what the above and foregoing is a true, perfect and literal copy of a decree in the above entitled action as the same appears of record at page 268 of Indian Citizenship Records in my office, in testimony where of witness my hand this 29th day of March 1898.

Signed: C. M. Campbell, Clerk

DEPARTMENT OF THE INTERIOR

COMMISSION TO THE FIVE CIVILIZED TRIBES

MUSKOGEE, INDIAN TERRITORY

December 12, 1902.

I, the undersigned, Chief Clerk of the Cherokee Enrollment Division of the Commission to the Five Civilized Tribes and custodian of the records of said Division, do hereby certify that the above and foregoing is a true and correct copy of the original on file in the office of the said Division.

Signed: (Can’t read signature), Chief Clerk Cherokee Division

Sworn to and subscribed before me this 12th day of December 1902.

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R-

D-261

DEPARTMENT OF THE INTERIOR

COMMISSION TO THE FIVE CIVILIZED TRIBES

MUSKOGEE, INDIAN TERRITORY

February 21, 1902

In the matter of the application of Theophilus H. Parker for the enrollment of himself and wife as citizens of the Cherokee Nation:

Appearances:

Potter & Bowman, Ardmore, IT., attorneys for the applicants:

W. W. Hastings, for the Cherokee Nation

The Commission: Is there any statement you wish to make Mr. Bowman relative to this application?

Mr. Bowman: No, sir, none except what has already been made, that I know of.

The Commission: You submit the case to the Commission for final consideration do you?

Mr. Bowman: Yes, sir

Mr. Hastings: I expect we will want to file a brief in the case.

Mr. Bowman: Well then, I suppose we will have an opportunity to file a reply brief?

The Commission: You will be given ten days in which to file a brief, one copy with the Commission, and one with the attorney for the Cherokee Nation. The Cherokee Nation will be given the same time with in which to file a brief, one copy to the Commission, and one with the attorneys for the applicants.

Mr. Hastings: I expect that it would be proper for us to file our brief first.

Mr. Bowman: Then I understand, that after the Cherokee Nation files its brief, we will be allowed ten days from the date we receive a copy of it, in which to file our brief?

The Commission: Yes

E. C. Bagwell, on oath states that, as stenographer to the Commission to the Five Civilized Tribes, he correctly recorded the above and foregoing is a true and accurate transcript of his stenographic notes thereof.

signed: E. C. Bagwell

Subscribed and sworn to before me this February 24, 1902.

Signed: T. B. Needles, Commissioner

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DEPARTMENT OF THE INTERIOR

COMMISSION TO THE FIVE CIVILIED TRIBES

MUSKOGEE, INDIAN TERRITORY

October 7, 1902.

In the matter of the application of Theophilus H. Parker for the enrollment of himself as a citizen by intermarriage of the Cherokee Nation and for the enrollment of his wife, Annie Parker, as a citizen by blood of the Cherokee Nation.

SUPPLEMENTAL TO D-261

Applicant appears in person.

Cherokee Nation by J. C. Starr

Theophilus H. Parker, being duly sworn, testified as follows:

Examination by Commission

State your full name? A. Theophilus H. Parker

How old are you? A. I am 59 years old.

What is your postoffice? A. Claremore.

You are a white man, are you? A. Yes, sir.

What is the name of your wife? A. Annie Parker.

When did you marry her? A. I married her in ’70.

She is the Cherokee by blood, is she? A. Yes, sir.

You aren’t on any roll of the Cherokee Nation? A. Not that I know of.

Is your wife on any roll? A. Don’t know whether she is or not. My case is now pending before the Dawes Commission for admission to her by blood and me for myself.

Do you remember what the Commission did with you? A. They rejected me and I took an appeal.

To the United States Courts for the Southern District? A. Yes, sir. They ordered to place us on the ’80 roll.

You as intermarried and your wife as a citizen by blood? A. Yes, sir.

Where were you living at the time you made application to the Dawes Commission? A. Chickasaw Nation.

When did you come to the Cherokee Nation? A. I come here the first of March, 1899.

That is the first time you ever came to the Cherokee Nation? A. Yes, sir, when I moved here to Claremore.

Have you been living in the Cherokee Nation ever since? A. Ever since.

You and your wife? A. Yes, sir, living together.

You have no children? A. No children.

Examination by Mr. Starr;

Where were you married? A. I refuse to answer that question. That is answered in the brief of my attorney.

Were you married under a Cherokee license? A. I decline to answer that.

Examination by the Commission:

Why do you decline to answer? A. Because I am not summoned here to answer that. My attorney filed a brief and my case is pending.

You appeared to the Southern District because you were living down there? A. Yes, sir.

Do you remember when that judgement was rendered? A. I forget exactly now but I believe it was in 1898—1898 the judgement was rendered.

Examination by Mr. Starr:

How long have you been living at Claremore? A. I have been living there since 1899.

That is in the Cherokee Nation? A. Yes, sir.

Since 1899, when you came to the Cherokee Nation? A. Yes, sir.

Been living there ever since? A. Yes, sir.

Jesse O. Carr, being first duly sworn, states that as stenographer to the Commission to the Five Civilized Tribes he reported the above entitles case and that the foregoing is a true and complete transcript of his stenographic notes thereof.

Signed: Jesse O. Carr

Subscribed and sworn to before me this 22nd day of November 1902.

Signed: B. C. Jones, Notary Public

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D-261

DEPARTMENT OF THE INTERIOR

COMMISSION TO THE FIVE CIVILIZED TRIBES

MUSKOGEE, INDIAN TERRITORY

October 15, 1902.

In the matter of the application of

Theophilus Parker for the enrollment of himself as a citizen by intermarriage and for the enrollment of his wife, Annie Parker, as a citizen by blood of the Cherokee Nation.

Theophilus Parker, being duly sworn, under examination by the Dawes Commission, testified as follows:

What is your name? A. Theophilus H. Parker

What is your age? A. I am 59.

What is your postoffice address? A. Claremore.

How long have you and your wife, Annie, been married? A. Married in 1870.

Where were you married? A. Sherman, Texas

Married under the laws of the State of Texas? A. I suppose so, preacher married us.

Were you remarried to your wife after you came to the Cherokee Nation? A. No, sir.

Haven’t complied with the Cherokee laws relating to intermarriage? A. No, sir.

Cora Moore, being first duly sworn, states that as stenographer to the Commission to the Five Civilized Tribes she reported in full the testimony and proceedings in this case and that the foregoing is a true and complete transcript of her stenographic notes thereof.

Signed: Cora Moore

Subscribed and sworn to before me this 24th day of October, 1902.

Signed: B. C. Jones, Notary Public

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DEPARTMENT OF THE INTERIOR

COMMISSION TO THE FIVE CIVILIZED TRIBES

In the matter of the application of Theophilus H. Parker for the enrollment of himself as a citizen by intermarriage of the Cherokee Nation, and for the enrollment of his wife, Annie Parker, as a citizen by blood of the Cherokee Nation.

DECISION

The record in this case shows that on September 11, 1900. Theophilus H. Parker appeared before the Dawes Commission at Pryor Creek, Indian Territory, and made application for the enrollment of himself as a citizen by intermarriage of the Cherokee Nation, and for the enrollment of his wife, Annie Parker, as a citizen by blood of the Cherokee Nation. Further proceedings were had in the matter of said application at Muskogee, Indian Territory, on February 21, 1902, on October 7, 1902, and again on October 15, 1902.

The evidence in this case and the records of the Commission to the Five Civilized Tribes upon examination show that Theophilus H. Parker and his wife, Annie Parker, made application under the provisions of the Act of Congress, June 10, 1896, to the Commission to the Five Civilized Tribes for admission to citizenship in the Cherokee Nation. Their application was denied by such Commission, and an appeal was the reupon taken from such decision to the United States Court in the Indian Territory for the Southern District. Said Court reversed the decision of the Commission and admitted the applicants to citizenship; Theophilus H . Parker as a citizen by intermarriage and Annie Parker as a citizen by blood. It further appears that Theophilus H. Parker and his wife, Annie Parker were married under the law of, and removed from Texas and settled in the Chickasaw Nation in 1890, and have resided together continuously in Indian Territory and Cherokee Nation ever since that time.

It is, therefore, the opinion of this Commission that Theophilus H. Parker should be enrolled as a citizen by intermarriage of the Cherokee Nation, and that his wife, Annie Parker, should be enrolled as a citizen by blood of the Cherokee Nation, in accordance with the provisions of the Act of Congress approved June 28, 1898.

Commission to the Five Civilized Tribes

Signed: Tams Bixby, Acting Chairman

Signed: T. B. Needles, Commissioner

Signed: C. R. Breckinridge, Commissioner

Dated at Muskogee, Indian Territory, this February 2, 1903.

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DEPARTMENT OF THE INTERIOR

COMMISSION TO THE FIVE CIVILIZED TRIBES

VINITA, INDIAN TERRITORY

February 7, 1903.

CHEROKEE D-261

PROTEST OF THE CHEROKEE NATION

Comes now the Cherokee Nation and respectfully protests against the decision of the Commission rendered on February 1, 1903 and asks that the same be forwarded to the Honorable Secretary of the Interior for review, together with the record and brief filed by the Cherokee Nation in said case.

The evidence in this case shows that Theophilus H. Parker is a white man, and there is no pretense whatever that he was married in accordance with the laws of the Cherokee Nation to his alleged Cherokee wife. In fact the testimony affirmatively shows that he was never married in accordance with the laws of the Cherokee Nation. Now Section 21 of the Curtis Bill passed on June 28th, 1896, subsequent to the alleged admission of the said Theophilus H. Parker, provides, after enumerating that the Commission shall enroll other persons, that the Commission shall enroll---

"Such inter-married white persons as may be entitled to citizenship under the Cherokee Laws."

Now in this case, as above observed, Theophilus H. Parker himself testified that he was not married in accordance with the Cherokee Laws, and as a consequence he is not entitled to be enrolled as an intermarried citizen of the Cherokee Nation.

Your attention if further called to the fact that the Commission in the case of Jane Stille, (Cherokee D-1264), decided that----

"Congress has enacted additional registration in the Act of Congress approved June 28th, 1898, directing this Commission to enroll all persons now living whose names are found on said roll, and all descendants born since the date of said roll to persons whose names are found thereon."

In the Stille case the children had applied as citizens of the Cherokee Nation by blood to the Commission under the Act of June 10th, 1896; were denied; appealed to the United States Court where they were again denied. In this case, Theophilus H. Parker was denied by the Commission. He appealed to the United States Court, where he was admitted as a citizen by inter-marriage, although he never represented any proof of his marriage, and admits himself that he never was married in accordance with the Cherokee law. Now then, if the "Additional legistation" the Act of Congress approved June 28th, 1898, can affect the Stille children, who were denied by the United States Court, if certainly ought to reach Theophilus H. Parker, where the same Act directs the Commission to enroll only "such inter-married white persons as may be entitled to citizenship under Cherokee law."

We submit that this man should not be enrolled as a citizen by inter-marriage for the Cherokee Nation.

For reasons stated in the brief heretofore filed before the Commission, we do not think his wife should be enrolled as a citizen of the Cherokee Nation by blood.

Respectfully submitted,

Signed: W. W. Hastings, Attorney for the Cherokee Nation

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Muskogee, Indian Territory

February 4th, 1902

Mr. Theophilus Parker

Claremore, Indian Territory

Sir:

You are hereby notified that the application of yourself and your wife for enrollment as citizens of the Cherokee Nation will be taken up for final consideration by the Commission to the Five Civilized Tribes, at its office in Muskogee, Indian Territory, on the 21st day of February 1902.

On said date, you may, if you desire, appear before the Commission, in person or by attorney, when an opportunity will given you to introduce any additional testimony affecting your application.

You are further notified that the Representatives of the Cherokee Nation will also, at the same time, be afforded an opportunity to introduce testimony tending to disprove your right to enrollment, but said representatives will be required to notify you of their intention to introduce such testimony before they will be permitted to do so.

Yours truly, Acting Chairman

Copy to Potter and Bowman

Ardmore, Indian Territory

Cherokee D_261

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Refer in reply to the Following:

Land

13780-190-3

Department of the Interior

Office of Indian Affairs

Washington, D. C.

January 2, 1904.

The Honorable

The Secretary of the Interior

Sir:

There is inclosed herewith report from the Commission to the Five Civilized Tribes, dated February 24, 1903, transmitting the record relative to the application of Theophilus H. Parker, for the enrollment as an intermarried citizen, and for the enrollment of his wife, Annie Parker, as a citizen by blood, of the Cherokee Nation.

February 2, 1903, the Commission held that the principal applicant was entitled to enrollment as an intermarried citizen, and that his wife was entitled to enrollment as a citizen by blood.

The Cherokee Nation protests against the Commission’s decision, and filed a brief and argument in the case.

The record in this case shows that these parties applied to the Commission in 1898 for admission to citizenship in the Cherokee Nation, under the act of June 10, of that year; that their application was denied by the Commission; that an appeal was taken from the Commission’s decision to the United States Court for the Southern District of Indian Territory; that the court reversed the decision of the Commission and admitted the applicants to citizenship.

These parties were married under the laws of the state Texas, and removed to the Indian Territory and settled in the Chickasaw Nation in 1890. They appear to have resided in the Cherokee Nation and other parts of the Indian Territory since that date.

In view of the foregoing it is respectfully recommended that the decision of the Commission be approved, in so far as it relates to the enrollment of Annie Parker as a citizen by blood, and that the application of Theophilus H. Parker, for enrollment as a citizen by intermarriage, be not passed upon until the Court of Claims shall have rendered as opinion on the question submitted to it by the Department February 24, last.

Very Respectfully,

Signed: W. A. Jones, Commissioner

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D. C. 1850-1904

Department of the Interior

Washington

January 11, 1904

Commission to the Five Civilized Tribes

Muskogee, Indian Territory

Gentlemen:

February 24, 1903, you transmitted the record of proceedings had in the matter of the application of Theophilus H. Parker, for the enrollment of himself as a citizen by intermarriage, and the enrollment of his wife, Annie Parker, as a citizen by blood, of the Cherokee Nation, including your decision of February 2, 1903, granting said application.

It appears that Parker, who is a white man, was married in 1870, in the State of Texas, in accordance with the laws thereof, to a woman named Annie _____, who was possessed of some degree of Cherokee blood. In 1890, they removed to the Chickasaw Nation, and in 1896 presented an application to your Commission for enrollment as Cherokees. You refused their application. An appeal was taken while they were residents of the Chickasaw Nation, to the United States Court for the Southern District of Indian Territory. In 1897 or early in 1898, a decision was rendered by that court admitting him as a citizen by intermarriage and her as a citizen by blood of the Cherokee Nation.

In 1899 they established their residence in the Cherokee Nation for the first time, where they have ever since resided.

A decision will not be rendered at this time in the matter of the application of Theophilus H. Parker, by reason of the fact that the question of the rights of intermarried Cherokee is now pending before the Court of Claims.

The attorney for the Cherokee Nation protests against the enrollment of these applicants, claiming that the decree of the United States Court admitted them to citizenship is null and void. In support of his claim he argues that the jurisdiction of that court did not include the Cherokee Nation, against whom its decision was rendered.

In the Cherokee cases of Eddie Wheatley and William T. Gilliam, decided February 9, 1903, the same question arose as to the jurisdiction of the United States court for the Southern District of the Indian Territory. In the decision rendered in those cases the Department held that the applications were entitled to enrollment.

The attorney for the Cherokee Nation also contends that inasmuch as the applicants did not remove to the :Cherokee Nation prior to June 28, 1898, their enrollment is barred by that part of Section 21 of the Curtis Act which provides that---

"No person shall be enrolled who has not heretofore removed to and in good faith settled in the Nation in which he claims citizenship."

It is true that the applicants were not residents of the Cherokee Nation proper until 1890. They have resided, however, in the Indian Territory since 1890. It is considered that the ruling of the Department in the case of Sam McHardy, rendered April 2, 1901, should be followed in this case. In your report of March 21, 1901, relative to the case of Samuel McHardy, you informed the Department that by the laws and customs of the Five Civilized Tribes, members of different tribes in the Indian Territory are permitted to reside upon lands of other tribes without forfeiting their right to citizenship. In view of the custom referred to you expressed the opinion that the word ‘person’ in the paragraph quoted above, should be construed as not applying to a citizen of one tribe residing within the limits of another tribe ion the Indian Territory in which he does not hold citizenship.

In accordance with your opinion so expressed you decided that

Sam McHardy should be enrolled as a citizen of the Seminole Nation, April 2, 1901, the Department approved your action n the McHardy case, stating, in connection therewith_

"In you former communications the Department was not advised of this custom which you now state exists, and upon full consideration of the whole matter it is considered that your actions in the enrollment of siad McHardy is was correct."

The attorney for the Cherokee Nation also protests against the enrollment of the principal applicant in the case under consideration, because his marriage to a Cherokee woman was not performed in accordance with the laws of the Cherokee Nation. As this objection concerns the principal applicant only, it will not be considered at present for the reasons stated above.

Reporting in the matter January 2, 1904, the Commissioner of Indian Affairs recommends that your action enrolling Annie Parker as a citizen by blood of the Cherokee Nation be approved. A copy of his letter is inclosed.

The Department concurs in the Commissioner’s recommendation and your decision as to her is accordingly affirmed.

Respectfully,

Signed: Thomas Ryan, Acting Secretary