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Nation's No. 1398

Commission's No.          

In re Application of

John Blevins

Demurrer and Answer

Filed Sept 25
A. S. McKinnon
Com'r






Before the Honorables Henry L. Dawes, Frank C. Armstrong, A. S. McKennen, T. B. Cabaniss, and A. B. Montgomery, Commissioners.

In the matter of application of
John Blevins 		  Nation's No.      
Commission's No.        

for citizenship in the Cherokee Nation

Your respondent, S. H. Mayes, Principal Chief of the Cherokee Nation, comes now and demurs the said application, and for the grounds thereof says:
1st. That this Commission has not jurisdiction over the parties or subject matter of this controversy and no legal right, therefore, to hear and determine the same.
2nd. That the application does not state facts sufficient, if true, to show that the applicant is  entitled to citizenship.
Respondent not waiving his aforesaid demurrer, but insisting upon the same for answer to said application says that  Ned Sizemore 
through whom the petitioner   claim to derive  his  right to citizenship in the Cherokee Nation, is not now, and has not been a citizen of the Cherokee Nation, since the removal of said Nation, west to the Indian Territory as at present located and defined , that his name does not appear on any of the authenticated rolls of said Nation; that neither he nor any of his ancestors now reside, or ever have resided in the Cherokee Nation and Indian Territory, as citizens thereof.




Having fully answered, your respondent asks to be hence dismissed.

S.H. MAYES, Principal Chief Cherokee Nation.

By  Hutchings, Hutchings, + Boudinot  Attorneys.
John L. Adair Executive Secretary, Cherokee Nation, having been first duly sworn, states that the matters contained in the foregoing answer are true, to the best of his knowledge and belief.

 John L. Adair

Subscribed and sworn to before me this, the  17th  day of  Sept  1896.

D. J. Ball 
notary public







AFFIDAVIT OF WITNESS

State Of   North Carolina  
County of     Ashe    

Before me, the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared  William Poise  , who after being by me duly sworn states that he is  86  years of age, and a citizen of   Ashe County  , and State of   North Carolina  , and that he is personally acquainted with  John Blevins , who is an applicant for citizenship in the Cherokee Nation, I. T. and affiant further states that the said  John Blevins  is the identical person he represents himself to be in his application for citizenship in said Nation, and that the said John Blevins is a son of George Blevins who Was a son of Lyddia Blevins who was a daughter Of Owen Sizemore who was a son of Ned Sizemore Who was a Cherokee Indian of the full blood. And is the father of the following named minor Children: Carlie L. Blevins, Samuel Blevins, Verdie L. Blevins




Affiant further states that he has known the said   John Blevins   for the past  40  years and knows that he is and has been recognized and treated by his neighbors and acquaintnaces and the public generally, as a person having   Cherokee  Indian blood and that the complexion, physical appearance, language and manners of the said   John Blevins   indicate that the said   John Blevins   is of Indian blood. That from the above facts and circumstances and from statements made to h  im   by the said   John Blevins   affiant states he has every reason to believe and does believe that the said   John Blevins   is of   Cherokee   blood.

Affiant further states that he has no interest whatever in the prosecution of the claim of the said   John Blevins   to citizenship in the   Cherokee   Nation, I. T., and that he is not related by blood or marriage to the said   John Blevins  

 his  
Attest, J. H. Burton William  X  Poise 
mark

Subscribed and sworn to before me, this  11  day of August A.D. 1896 and I further certify that I am well acquainted with the said William Poise and know him to be a person of credibility and of truth and veracity.

  M. C. Hash  J.P.  

State of North Carolina}
Ashe County} SS.

I, Poindexter Blevins, clerk of the Superior Court of said County, do certify that   M C Hash  , Esq:, whose name is signed to the foregoing certificate, was at the time of so doing a Justice of the Peace in and for said County and State, duly commissioned and sworn; that all his official acts are entitled to full faith and credit, and that his signature thereto is genuine. Witness, my hand and seal of said court, this   19th   day of         1896.

  P. Blevins  
Clerk Superior Court





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