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The 1928 Baker Roll and Records of the Eastern Cherokee Enrolling Commission, 1924-1929

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The 1928 Baker Roll and Records of the Eastern Cherokee Enrolling Commission, 1924-1929 M2104 THE 1928 BAKER ROLL AND RECORDS OF THE EASTERN CHEROKEE ENROLLING COMMISSION, 1924–1929 Jerry Clark prepared the descriptive material and introduction for this microfilm publication, and Noah Olson prepared the name index to the Baker Roll. National Archives and Records Administration Washington, DC 2007 United States. National Archives and Records Administration. The 1928 Baker roll and records of the Eastern Cherokee Enrolling Commission, 1924–1929.— Washington, D.C. : National Archives and Records Administration, 2007. p. ; cm.– (National Archives microfilm publications. Pamphlet describing ; M 2104) “Jerry Clark prepared the descriptive material and introduction for this microfilm publication, and Noah Olson prepared the name index to the Baker Roll.” Includes bibliographical references. 1. United States. National Archives and Records Administration – Microform catalogs. 2. Cherokee Indians – Census, 1928. 3. Cherokee Indians – Genealogy – Sources – Bibliography – Microform catalogs. 4. Indians of North America – Tribal citizenship – Sources – Bibliography – Microform catalogs. 5. Documents on microfilm – United States – Catalogs. I. Clark, Jerry. II. Olson, Noah. III. Title. INTRODUCTION On the 69 rolls of this microfilm publication, M2104, are reproduced the 1928 Roll of Eastern Cherokees known as the Baker Roll, and related materials among records of the Bureau of Indian Affairs, Record Group 75, in the National Archives. Included are indexes, applications, testimony, correspondence, decisions of the Eastern Enrolling Commission, and reports of Special Agent Fred A. Baker. The Baker Roll is now the “Final Roll,” or base document, used as a standard for determining enrollment in the Eastern Band of North Carolina Cherokees, one of the three Federally recognized divisions of the Cherokee Nation. BACKGROUND The Cherokee people once inhabited southern Appalachia, constituting parts of Alabama, Georgia, North Carolina, South Carolina, and Tennessee. After 1817, some Cherokees emigrated to Arkansas Territory (later Indian Territory) and became known as “Old Settlers.” During the 1830s, most of the tribe was removed from their highland homeland by the United States Government in the tragic trek known as the “Trail of Tears” and forced to migrate to Indian Territory (now Oklahoma). These “Emigrant” or “Eastern” Cherokees merged with the Old Settlers to become the Cherokee Nation West. Some- what confusingly, other Cherokees who avoided removal and remained behind were also called “Eastern” Cherokees. Today, the Bureau of Indian Affairs has designated three official Cherokee tribal govern- ments as having Federally recognized status. The contemporary descendants of the Cherokee Nation West are represented by the Cherokee Nation of Oklahoma and the United Keetoowah Band of Cherokees. The Cherokee Nation of Oklahoma at Tahlequah, OK, is the most numerous Cherokee entity, and accepts as members descendants of persons enrolled by the 1902 Final Roll of the Five Civilized Tribes Commission (also known as the Dawes Roll). The smaller United Keetoowah Band of Cherokees, also at Tahlequah, accepts members based on blood degree requirements and a 1949 tribal roll. The third Cherokee tribal government is the Eastern Band of North Carolina at Cherokee, NC, whose membership is based on the 1924–28 Baker Roll and related records of the Eastern Cherokee Enrolling Commission reproduced in this microfilm publication. An act of Congress of June 4, 1924 (43 Stat. 376), established the Eastern Cherokee Enrolling Commission to determine membership for the Eastern Band and to place its tribal lands into Federal trust. This act formally established Federal recognition of North Carolina Cherokees, whose status was previously somewhat uncertain. The Commission consist- ed of A. W. Simington (special allotting agent), James E. Henderson (superintendent of the Cherokee Agency), Gertrude L. Dalton (assistant clerk), Gladys M. Fowler (assistant clerk and court reporter), and Fred A. Baker (examiner of inheritance). The Commission consulted a number of previous rolls of Cherokees, such as the 1835 Census of Cherokees Living East of the Mississippi River, the 1851 Chapman Roll, and 1884 Hester Roll.1 Other rolls used by the Enrolling Commission included the 1907 Council 1 These rolls have been reproduced as part of National Archives Microfilm Publication M1773, Eastern Cherokee Census Rolls, 1835–1884 (4 rolls). 1 Roll and 1908 Churchill Roll.2 Finally, Baker and his colleagues also employed the 1909 Eastern Cherokee Roll, otherwise known as the Guion Miller Roll.3 The Enrolling Commission made a tentative roll of members of the Eastern Band based on these earlier records, but received applications from others desiring to be included on the roll. According to the final report of Fred A. Baker, examiner of inheritance, 3,833 applications were filed, involving 11,979 individuals. There were 1,924 uncontest- ed applications, 1,229 contested cases that were approved, and 687 that were apparently not accepted. Eventually, 3,146 applications were accepted by Baker and the Enrolling Commission. From 1924 to the issuance of the Baker Roll in 1928, many persons claiming Cherokee ancestry were excluded from rolls of the Eastern Band or were denied affiliation by the tribal council. Excluded claimants asked the Enrolling Commission for hearings and furnished evidence for Cherokee lineage. A number of cases were disputed by the council, and included the Coleman, Crowe, Driver, French, Hardin, Jordan, Lambert, McCoy, McDonald, Maney, Meroney, Murphy, Raper, Reed, Rogers, Smith, Taylor, Timpson, Wolfe, and other families. Some claimants hired as their attorney a recently retired official of the Bureau of Indian Affairs named Guion Miller, the man who had previously compiled the 1909 Eastern Cherokee Roll. On December 1, 1928, Mr. Baker submitted his “final” roll to the Commissioner of Indian Affairs, who in turn submitted his own report to the Secretary of the Interior about the efforts of Agent Baker and the Enrolling Commission, along with miscellaneous appeals and legal briefs for contested and appealed cases, with references to pertinent testimony and decisions of the Commission. The Baker Roll and related records of the Eastern Enrolling Commission include a great deal of genealogical information about families and individuals claiming Cherokee lineage. RECORDS DESCRIPTION Records concerning the Eastern Cherokee Enrolling Commission in the National Archives include indexes, correspondence, applications, transcripts of testimony, decisions, rolls, and other records compiled by the Commission and used in producing the 1928 Baker Roll. 2 The 1907 Council Roll and 1908 Churchill Roll are part of records relating to enrollment of the Eastern Cherokees, 1907–1916. 3 Mr. Guion Miller, an employee of the Bureau of Indian Affairs, was assigned by the U.S. Court of Claims to authenticate applications of persons claiming Cherokee ancestry for the 1909 Eastern Cherokee Roll. The applications have been filmed as M1104, Eastern Cherokee Applications of the U.S. Court of Claims 1906–1909 (348 rolls). Agent Miller also consulted several Cherokee rolls, which have been reproduced as part of microfilm publication M685, Records Relating to Enrollment of Eastern Cherokee by Guion Miller, 1908–1910 (12 rolls). Roll 12 includes Miller’s own copies of the 1850 Old Settlers Roll, the 1850 Drennen Roll, the 1851 Chapman Roll, and the 1884 Hester Roll. 2 THE BAKER ROLL The main record is the 1924–28 Baker Roll, which is one of two rolls prepared by Agent Baker for the Eastern Cherokee Enrolling Commission. This volume is arranged numerically by enrollment number of tribal citizens, and alphabetically by surname of head of family and thereunder by name of family member. This roll contains citations from earlier rolls (1908 Churchill Roll number and 1884 Hester Roll number), names of tribal members, family relationships, sex, age in 1926, date of birth, degree of Cherokee blood, degree of other Indian blood, if a case was contested, and remarks. There were 3,146 persons enrolled, including some persons previously accepted by the Commission who did not submit applications. Mr. Baker also prepared a supplemental roll (with a duplicate) of 43 deceased Eastern Cherokees who had received annuity payments in the past, but whose enrollment was contested by the tribal council. The persons on this roll had left estates consisting of suspended per capita payments. The Eastern Cherokee Enrolling Commission had a tentative list of accepted Cherokee tribal members based on previous rolls, but many other persons who had been excluded by the Commission, or felt that they were deserving of being tribal members, sought inclusion as Eastern Cherokees. The records of the Eastern Cherokee Enrolling Commis- sion were originally in file # 260791-1928-053 Cherokee School, parts 2 through 153, which was withdrawn from the central correspondence files of the Bureau of Indian Affairs and made a separate set of records concerning enrollment of the Eastern Cherokees. These people were asked by the Commission to fill out standardized forms, which constitute the main body of these records. There are some 15 linear feet of docu- ments, consisting mainly of applications, testimony, decisions, and indexes. Related records include Fred A. Baker’s final report of December 1, 1928, concerning the enrollment; some miscellaneous appeals and briefs; and indexes to names of ancestors and to contested and appealed cases,
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