No. 9576 Action: Reject
Name: Emeline J. Smith and X children Residence: Mt. Vernon, Ala
Applicant claims through her fathers brother who was ½ Cherokee and as applicant was born in 1833 and her father in 1790 her father’s mother must have been born about 1770. It does not appear that any ancestor was ever enrolled or that any ancestor was party to the treaties of 1835-6 and 1846. Shows no connection with the Eastern Cherokees.
#1Mobile, Ala (hand written)
Name: Mrs Emeline J. Smith
also: 139366, 39835
Remarks: To be adjudicated by letter–
Ancestors name not on rolls.Think this claim should be rejected. Applicant
was born in 33, her father born in 1790. Claims
thro her fathers mother “who was ½ Cherokee” and
who must have been born about 1770. They
have never been surveled & apparently never
lived in Cherokee District.
No. 9579Eastern CherokeeApplication
Emeline J. Smith
For share of money appropriated fro the Eastern Cherokee Indians by the Act of Congress approved June 30, 1906, in accordance with the decrees of the Court of Claims of May 18, 1905, and May 28, 1906
Rec: Jan 8, 1907
Bickford Wina?? Hlegtt
Written Application of Emeline J. Smith
Commissioner of Indian Affairs
Washington, D. C.
I hereby make application for such share as may be due me of the fund appropriated by the Act of Congress approved June 30, 1906, in accordance with the decrees of the court of Claims of May 18, 1905 and May 28, 1906, in favor of the Eastern Cherokees. This evidence of identity is herewith subjoined.
1. State full name –
English name: Emeline Jane Smith
2. Residence: Mt. Vernon
3. Town and post office: Mt Vernon
4. County: Mobile
5. State: Alabama
6. Date and place of birth: June 1st 1933, Sumter County, Ala
7. By what right do you claim to share? If you claim through more than one relative living in 1851, set forth each claim separately: by right of my father Elexander Brashears, and my Uncle Samuel Brashears
8. Are you married? I am a widow
9. Name and age of wife or husband: my husbands name was Ira Byrd Smith, borned Dec. 6, 1827, died Feb. 22, 1884
10. Give names of your father and mother, and your mother’s mane before marriage.
Father-English Name: Elexander Brashears
Mother-English Name: Emeline Brashears
Maiden name: Emeline Wind
11. Where were they born?
Father: Somewhere in North Carolina
Mother: Somewhere in South Carolina
12. Where did they reside in 1851, if living at that time?
Father: Mt. Vernon, Alabama
13. Date of death of your father and mother
Father: April 6th 1868 Mother: February 10th 1841
14. Where they ever enrolled for annuities, land or other benefits? If so, state when and where: No
15. Name all your brothers and sisters, giving ages, and if not living, the date of death:
Sarah Ann Jan. 23, 1825 Unknown
Herrietta Jane May 13, 1827 Dec 20th 1890
Dennis Pane Oct. 18, 1829 June 30, 1863
William Pane Feb. 11, 1831 Unknown
Forrisa Jane Dec. 12, 1835 Mar. 15, 1900
16. State English and Indian names of your grandparents on both father’s and mothers side, if possible:
Father’s Side Mother’s Side
Samuel Brashears William Wind
Rachel Durant Sarah Pane
17. Where were they born: Unknown
18. Where did they reside in 1851, if living at that time: They were all dead before I was born
19. Give names of all their children, and residences, if living; if not living dates of deaths:
English name: Samuel Brashears died Jan. 13, 1857
English name: Sarah Turner Wind died Dec. 9, 1854
20. Have you ever been enrolled for annuities land or other benefits? If so state when and where: No
21. To expedite identification, claimants should give full English and Indian names, if possible, of their paternal and maternal ancestors back to 1835.
(Under this head the applicant may give any additional information that he believes will assist in proving his claims)
One of the witnesses-Jack Foster was a slave at the time of birth of applicant and owned by Applicants father.
Note. Answers should be brief but explicit; the words “Yes,” “No,” “Unknown,” etc, may be used in cases where applicable. Read the questions carefully.
I solemnly swear that the foregoing statements made by me are true to the best of my knowledge and belief.
(Signature) Emeline Jane Smith
Subscribed and sworn to before me this 11 day of December, 1906
My commission expires
_________, 190 Chas. Anderson J.P.
(The following affidavit must be sworn to by two or more witnesses whe are well acquainted with the applicant)
Personally appeared before me Wm Dillard and Jack Foster, who being duly sworn, on oath depose and say that they are well acquainted with Emeline Jane Smith, who makes the foregoing application and statements, and have known her for 50 years and 60 years, respectively, and know her to be identical person she represents herself to be, and that the statements made by her are true, to the best of their knowledge and belief, and they have no interest whatever in her claim.
Signature of Witnesses
Jack X Foster (X his mark)
Subscribed and sworn to before me this 11 day of December 1906.
Chas Anderson J.P.
Note. Affidavits should be made, whenever practicable, before a notary public, clerk of the court or before a person having a seal. If sworn to before an Indian Agent or disbursing agent of the Indian service, it need not be executed before a notary, etc.
General Affidavit, Emeline J. Smith
State of Alabama, County of Mobile, ss:
In the matter of Claim of Emeline J. Smith for her sharr of the $4500000 allowed the Cherokees by the US Court of Claims
Personally came before me, a Notary Public in and for the aforesaid County and State, Emeline J. Smith, aged 73¾ years, and ______________________, aged___________________, years,
citizen of the town of Mt. Vernon, County of Mobile, State of Alabama
well known to me to be reputable and entitled to credit, and who, being duly sworn declare in relation to aforesaid case, as follows:
That she, the said Emeline J. Smith, was born in Sumter County, State of Alabama, on the 1st day of June 1833, that her father was Alexander Brashers and her mother was Emeline Winn, the lawful wife of said Alexander Brashers; that Samuel Brashers, affiants grandfather, who was the father of the said Alexander Brashers married one Rachel Durant who was a half blood Cherokee Indian woman and who was the lawful wife of said Samuel Brashers, the mother of the said Alexander Brashers and the grandmother of this affiant, Emeline J. Smith. That her maiden name was Emeline J. Brashers and she the said affiant married one Ira B. Smith who is now deceased; that she is a lawful lineal descendant of the said Rachel Durant and a half blooded Cherokee Indian.
J. Blocker Thornton
Emeline J. Smith, Signature of Affiant
Sworn and subscribed before me this day by the above-named affiant; and I certify that I read said affidavit to said affiant, and acquainted her with its contents before she executed the same.
I further certify that I am in nowise interested in said case, nor am I concerned in its prosecution, and that said affiant is personally known to me; that she is a credible person and so reputed in the community in which she resides.
Witness my hand and official seat the 10th day of November 1906
J. Blocker Thornton, Notary Public, Mobile Co. Ala
Correspondence with Emeline J. Smith
July 9th 1908
Emeline Jane Smith
Mount Vernon, Ala
With reference to your application for participation in the Eastern Cherokee fund, please state where your ancestors were living in 1835-6 and 1846, also state whether or not they were recognized members of the tribe.
In your answer refer to No. 9576.
An early reply will be appreciated.
Very truly yours,
By Chief Clerk
March 15, 1907
Hon. George W. Taylor
House of Representatives
I have the honor to acknowledge receipt of your letter of March 13, 1907. inclosing a letter from Emeline J. Smith, of Mt. Vernon, Alabama, making inquiry as to her claim as an Eastern Cherokee Indian.
In reply your advised that under the terms of a recent decree of the Court of Claims, and an appropriation contained in the General Deficiency bill of June 30, 1906, there is a fund of something over $4,000,000, to be distributed to the Eastern Cherokees.
The application of Mrs. Smith has been duly filed as Number 9576, and appears to be in regular form. This office has so far been unable to take up this application for final consideration, and is therefore unable to state whether or not her claim will ultimately be allowed.
It is noticed that Mrs. Smith states that some one purporting to be an attorney from Indian Territory demanded from her and her three sons, $25 each as a fee to present their claims for certain lands in Indian Territory. The letter, however, fails to state the name of this attorney. It is quite possible that this money was obtained fraudulently, and if Mrs. Smith knows the name and address of the party she should forward it to this office immediately. She should also state, as nearly as possible, when she paid this money.
Mrs. Smith’s letter is returned, herewith
January 14, 1908
Mrs Elizabeth J. Smith
Mount Vernon, Ala
Relative to your application for participation in the fund arising from the judgment of the Court of Claims in favor of the Eastern Cherokees, about when was your father born, and where was he residing in 1835? Why was your father not enrolled with the Eastern Cherokee in 1835 and 1851. Why have you never been enrolled?
Were you or your parents slaves? If so, state whether slaves of Indians or white people. Were your, your father or mother a member of any tribe of Indians other than the Eastern Cherokee? If so, give the name of the tribe.
Were your grandparents of your father’s side born and where were they residing in 1834.
House of Representatives March 13, 1907
The Commissioners of Indian Affairs
Enclosed find letter of Mrs. E. J. Smith of Mr. Vernon, Ala, to which I request your attention and reply.
Geo. W. Taylor, Unreadable
Correspondence from Emeline J. Smith
Mt. Vernon, Alabama
Mr. Nathan Bickford
Please let me know whether any application was accepted or not and let me know if all my children made claim under the Choctaw name. I was a way from home when my children made application so I didn’t know that they had named the Choctaw as our tribe it was a bad mistake on their part but they didn’t know for all the Indian blood that we claim to was through my Grandmother Rachel Brashears, nee Durant, and she was Cherokee Indian but my children didn’t know it they know the Choctaws for there is some of them here yet,
So please try and fix up their claims for we are truthfully and honestly entitled to it I have Cherokee Indian blood in me and it looks to me that my children ought to have and if my claim is accepted theirs ought to be but you ought to know better than I do, how am I to know when my claim is accepted or how much it will be you don’t let me know anything though I will have to trust you now
So please let me hear something and oblige
Mrs. Emeline J. Smith
Letter is hand written
Mount Vernon, Ala
Jan. 28, 1908
Mr. Gurere (Guion?) Miller
Replying to yours of the 14th I will say. My father was born about 1790 My father resided in Demopolis, Ala in 1835. I do not know why my father was not enrolled.
I never knew any thing about it. Neither my parents nor myself were slaves.
Neither my parents nor myself were members of no other tribe.
Don’t know where my grandparents were born.
My grandmother on my fathers side resided in Demopolis, Ala in 1835.
Mrs Emeline J. Smith
Mt. Vernon Ala
July 18, 1908
Special Commissioner, Court of Claims
Yours of the 9th inst just received and in answer will say as near as I can recollect my father was living in Jennings Co. Ala in 1835-6, near Demopolis, Ala and he was living at Mt. Vernon, Ala, Mobile Co, in 1846, and his mother my grandmother was living in Sumter Co. Ala, in 1835-6 and 1846 but I don’t recollect her Post Office and if they were recognized members of the tribe I do not know they were verry wealthy slave owners but were made very poor by the civil war.
Emeline Jane Smith