Petition and Memorial
for Cherokee Indian citizenship.
To the Hon. Dawes commission.
Your petitioner Riley Blevins ???? ???? and he believes that he is one eighth
Cherokee Indian by blood deriveing the same from his lineal ancestor, the late Ned
Sizemore through his father Eli Blevins who was the son of
Lyddia Blevins who was a daughter of Owen Sizemore who was a son
of Ned Sizemore, a full blood Cherokee Indian.
Your petitioner therefore submits to your Honorable body the above statement of facts as grounds
for his application for Cherokee indian citizenship. as a foresaid, in the Cherokee Nation and ask
for full and complete investigation of his claim and if the same as foresaid to be valid and
correct as herein stated that he be awarded all Rights and privileges and amenities of other
citizens of said nation.
Petitioners full name is Riley Blevins, age 73 years, resident of Ashe County, state of North
Carolina, post office address Eye County of Ashe state of North Carolina occupation a Farmer. I am
married and have six children to wit. George, aged 20 years,
Bertie six years, Albert, age 24, Author, age
12 years, Robert, age 10 years, Charlie age
14 years
Most respectfully submitted.
(seal)
Attesting Witnesses }
(Seal) }
State of North Carolina }
County of Ashe }
Personally appeared before me, Justice of the Peace in and for the said County in the state
aforesaid Riley Blevins, the petitioner in the above Petition for Cherokee Indian Citizenship in
the Cherokee Nation Indian Territory, USA, who after being duly sworn according to law states that
the facts set forth in his said Petition above are true and stated herein this 10 day of August
1896
D. M. Hart (seal)
(seal)
(seal)
Subscribed and sworn to before me a justice of the peace as a aforesaid, on this
10 day of August 1896 and I do certify that I am Personally Acquainted with Riley Blevins the said
Petitioner and know that he is a credible Person and entitled to full faith and credit before any
of the courts of the state of
North Carolina, and that I have no interest directly or indirectly in the
prosecution of the said claim for Cherokee Indian citizenship and am not related to him by blood
or marriage.
D. M. Hart J. P.
State of North Carolina}
Ashe County} SS.
I, Poindexter Blevins, clerk of the Superior Court of said County, do certify that D M Hart , 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
Affidavit of Witness
State of North Carolina
County of Ashe} ss
Before me the undersigned justice of the Peace in and for the County and state aforesaid personally appeared Wesley Blevins, ??? who after being by me duly sworn states that he is 67 years of age and a Citicen of Ashe County and state of north Carolina and that he is personally acquainted with Riley Blevins who is an applicant for Citizenship in the Cherokee nation indian terratory and affiant further states that the said Riley Blevins is the identical Person he represents himself to be in his application for citizenship in said nation and that he knows from his own Personal knowledge that he is the identical Person he represents himself to be, that he is a son of Eli Blevins who was the son of Lydda Blevins who was the daughter of Owen Sizemore who was a son of Ned Sizemore who was a full Blood Cherokee indian. Affiant further states that he has known the said Riley Blevins for the past 45 years and knows that he is and has been recognized and treated by his neighbors acquaintance and the Public generally as a person having Cherokee indian blood
and that the complexion physical appearance Language and manners of the said Riley Blevins affiant states he has evry reason to believe and does believe that the said Riley Blevins is a Cherokee indian blood; affiant further states he has no interest whatever in the prosecution of the Claim of the said Riley Blevins to Citizenship in the Cherokee nation indian territory and that is not related by blood or marriage to the said Riley Blevins
Wesley Blevins
Subscribed and sworn to before me this 10 day of Aug 1896 and I further Certify that I am fully acquainted with the said Wesley Blevins and know him to be a person of Credibility and of truth and veracity
My commission expires
on the day of 1896 D. M. Hart J P
STATE OF NORTH CAROLINA } ss
Ashe County
I, Poindexter Blevins, Clerk of the Superior Court of said county, do certify that
D M Hart , Esq, whose name is signed to the foregoing certificate, was at
the time of so doing 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 August 1896.
P Blevins
Clerk Superior Court
Affidavit of Witness
INDIAN TERRITORY } SS.
Cherokee Nation. }
Before me, the undersigned Notary Public in and for the Northern District of the Indian Territory,
personally appeared J N Baldwin , who after being
by me duly sworn, states that he is 36 years of
age and a resident of Ashe County, and state of North Carolina, whose post office address is
Burd , in said County, and that he is personally
acquainted with Riley Blevins , who is an applicant for citizenship in the
Cherokee nation, I.T., And affiant further states that the said Riley Blevins is the identical person he represents
himself to be in his application for
citizenship in said Nation, and that he has known the said applicant for the past 25 years and knows that he is and has been recognized and treated by
his neighbors, acquaintances and the public generally, as a person having
Cherokee blood; and that the complexion, physical appearance, language and manners of the said
applicant, indicate that he is of Cherokee blood. That from above facts and circumstances and from
statements made to him by the said applicant affiant states he has every reason to believe and
does believe that the said applicant is of Cherokee Indian blood.
J. A. Baldwin
Subscribed and sworn to before me this 3 day of September, A. D.,
1896.
M. H. Tibbits, Notary Public.
My commission expires, March 7, 1900.
SERVICE AFFIDAVIT
INDIAN TERRITORY,} ss.
Cherokee Nation. }
I, J.N. BALDWIN, do solemnly swear that on the Fourth day September, 1896, I, in person,
delivered to WM. HASTINGS, FRANK J. BOUDINOT and WM. T. HUTCHINGS, Attorneys for the Cherokee
Nation, at Tahlequah, I. T., a package which contained a true copy of the application of
Riley Blevins for Citizenship in the Cherokee Nation, Ind. Ter. and of
the affidavits of Wesley Blevins, Alfred Price, Wm Price, Samuel
Davis, Wm A. Lewis, J.M. Baldwin
In support of same, the originals of which are now filed with the Honorable DAWES COMMISSION, at
Vinita, Ind. Ter. That affiant has no interest in this matter.
J N Baldwin
Subscribed and sworn to before me this, the 7 day of September,
1896
W H Tibbits Notary
Public
My commission expires Mar. 7 1900.
In the matter of the claim of the descendants of Ned Sizemore to citizenship in the
Cherokee Nation, I. T.
STATE OF NORTH CAROLINA, }
COUNTY OF ASHE } SS,
Before me, the undersigned justice of the peace, in and for the county of Ashe, in the State aforesaid, personally appeared Samuel Davis, who after being duly sworn, states that he is seventy-seven years of age, a resident of Grayson county, Va, whose postoffice address is Grassy Creek, Ashe county, N.C.; that he has lived in Grayson county, Va, all his life; that about sixty years ago, he well and personally knew one Ned Sizemore, who was a Cherokee Indian of the full blood then living in Ashe county, N.C.; that said Sizemore, prior to that time had come from the Cherokee tribe in western North Carolina, or Georgia; that said Sizemore had the appearance of a full blood Indian and was so treated and recognized by his neighbors and acquaintances; that he made frequent visits to the home of said tribe after affiant first knew him; that he died in Ashe county, N.C., and had a numerous family of sons and daughters, one son Owen Sizemore had a daughter, Lyddia who married James Blevins and another daughter who married one Stamper, from whom have descended a number of these claimants and that said Ned Sizemore had one daughter Catharine who married one James Hart; that said James and Catherine Hart had sons Ned and George among others, and Catherine who afterwards married one Baldwin and subsequently one Caldwell, and Margery who married one Robert Hash and settled in
Grayson county, Va, near the N.C. and Va State line and near the home of affiant; that he often saw said Ned Sizemore at the home of the said Margery Hash, his grand-daughter, and remembers to have seen him there once with a pet bear following him; and that said Ned Sizemore could speak English only very imperfectly.
Affiant states these facts from his own personal knowledge and observation and has no interest direct or indirect in the claim of said Ned Sizemore's descendants to citizenship in the Cherokee Nation, I. T.
Given under my hand this 10th day of August, A.D. 1896.
Sworn to and subscribed before me this 10th day of August A.D. 1896, and I certify that I am well acquainted with said Samuel Davis and know him to be entitled to full faith and credit and a truthful person.
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M. C. Hash, J. P. |
(The foregoing is a copy of an affidavit filed with the Hon. Dawes Commission in the claim of Cornelie Peak for citizenship in the Cherokee Nation, I. T.
Official character and genuineness of signature of Justice certified by Clerk of Court under seal of Court.)
In the matter of the claim of the descendants of Ned Sizemore to citizenship in the
Cherokee Nation, I. T.
STATE OF NORTH CAROLINA, }
COUNTY OF ASHE } SS,
Before me, the undersigned Justice of the Peace, in and for the county of Ashe, in the State aforesaid, personally appeared William Price, aged 86 years, a resident of Ashe county, State of North Carolina, whose postoffice address is Weaversford, N. C., who after being duly sworn, states that he was born and raised in Ashe county, N.C., and that some sixty or seventy years ago, he well knew one Ned Sizemore, who was a full blood Cherokee Indian and made his home at that time on the waters of Cranberry Creek, in Ashe county, N.C.; that said Sizemore had come from the home of the Cherokee tribe in Western N. C., or Ga, some several years prior to the time affiant first knew: that he often went back to where said tribe was located after affiant first knew him but finally made his home in Ashe county, N.C., where he subsequently died; that said Sizemore had numerous family of sons and daughters, two of whom, Owen Sizemore, a son, and Catharine Sizemore a daughter affiant well and personally knew; that said Owen Sizemore had a daughter, Lyddia who married one James Blevins, and lived in Ashe county N.C.; that said James and Lyddia Blevins had several sons and daughters from whom have descended a number of the present claimants: that said Catharine Sizemore, a daughter of said Ned Sizemore married one James Hart, and had numerous sons and daughters among whom were Catharine who married one Baldwin and subsequently married one Caldwell, and Margery who married Robert Hash, and settled in Grayson Co., Va., near the Va., and N.C. State line, Ned Hart, who settled in Ashe county N.C., from whom have descended a number of the present claimants. Affiant further states that said Ned Sizemore had every appearance of being a full blood Indian; that he claimed to be a member of the Cherokee tribe and was so recognized by the said Cherokee tribe and members thereof; that he was recognized and treated by his neighbors and acquaintances in Ashe county; N.C., and Grayson county, Va., as a full blood Indian.
Affiant states these facts from his own personal knowledge and observation and has no interest direct or indirect in the claim of said Ned Sizemore's descendants to citizenship in the Cherokee Nation, I.T.
Given under my hand and seal this 11th day of August A.D. 1896.
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Attest
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[Signed]
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his
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| J. H. Barton |
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WILLIAM x PRICE |
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Subscribed and sworn to before me this 11th day of August, A.D. 1896, and I further certify that I am well acquainted with said William Price and know him to be a person of truth and credibility.
Given under my hand this day and date first above written.
(The foregoing is a copy of an affidavit filed with the Hon. Dawes commission in the claim of Cornelie Peak for citizenship in the Cherokee Nation. I. T.
Official character and genuineness of signature of Justice certified by Clerk of Court under seal of court.)
In the matter of the claim of the descendants of Ned Sizemore to citizenship in the
Cherokee Nation, I. T.
STATE OF NORTH CAROLINA, }
COUNTY OF ASHE } SS,
On this 19th day of August A. D. 1896, personally appeared before the undersigned Justice
of the Peace, in and for the county of Ashe, in the State aforesaid, Alfred
Price, aged 76 years, whose postoffice address is Crumpler, Ashe county, N. C.,
and states that some sixty years ago he personally knew one Ned Sizemore
who then lived in Ashe county, North Carolina, and who was a Cherokee Indian of the full
blood, having come several years prior to that time from the Cherokee reservation and
settled in Ashe county, N. C.; that said Ned Sizemore had the appearance
of being a full blood Indian, and was so treated and regarded by his neighbors and
acquaintances; that said Sizemore died in Ashe county, N. C., and had a numerous family of
sons and daughters, one son Owen who was the father of Lyddia
Sizemore who married James Blevins and who was the mother of
James, Eli, George, Wells Blevins from whom have sprung a number of the
present claimants; that Catherine was the name of a daughter of said
Ned Sizemore who married one James Hart and who had
several sons and daughters, Margery who married Robert Hash,
George Hart who was the father of Margery Peak and
Cornelie Peak and Grub Hart; said Ned
Sizemore also had other sons and daughters and said Catherine
Hart was the mother of Catherine Caldwell who was the mother of
Nancy Caldwell and William D. Baldwin; that said
Catherine Hart was the mother also of Ned Hart, Morris
Hart and others. Affiant states these facts from his own personal knowledge and
observation. Given this Aug. the 19th, 1896.
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his
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[Signed]
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ALFRED x PRICE
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Subscribed and sworn to before me this 19th day of August, A. D. 1896, and I certify that
the contents of the foregoing affidavit were fully made known to affiant before signing
and swearing, and that said Alfred Price is a person of truth and
credibility.
Given under my hand this day and date first above written.
[Signed] L. Hurley, J. P.
(The foregoing is a copy of an affidavit filed with the Hon. Dawes Commission in the claim
of Cornelie Peak for citizenship in the Cherokee Nation, I. T.
Official character and genuineness of signature of Justice
certified by Clerk of Court under seal of Court.)
Before the Honorable, Henry L. Dawes, Frank C. Armstrong, A. S. Mckennon, T. B.
Cabaniss, and A. B. Montgomery, Commissioners.
In the matter of application of
Riley Blevins, et. al. |
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Nation's No. 1048.
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 applicants are 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 petitioners claim to derive
their 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 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, Hastings and
Boudinot. Attorneys.
John L. Adair, Executive Secretary, Cherokee Nation, having been first duly
sworn, states 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 16 day of Sept 1896
D. J.
Ball
Notary Public
Transcribed by Deborah Sizemore Lauer
