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Citizenship Application for Mahala Asher Marcum 1896

Wife of Phillip Marcum originally from Clay County, Kentucky

Transcribed & Submitted by ©2002-2003 by Angie Jenkins Long

Mahala Asher Marcum Citizenship Application
No. 88 (88 is marked out and 16 written in)
Mahala Marcum
Vs
Cherokee Nation
Filed August 10, 1896
A. S. McKennon, Court B. Durant, I. T.
Durant, I. T.
August 8, 1896

I, W. L. Poole, Postmaster at Durant to hereby certify that a true copy of the above application for Citizenship has been this day mailed to the Principal Chief, Cherokee Nation, Tahlequah, I. T.
W. L. Poole, PM United States of America Central Judicial District Indian Territory

Before me W. L. Poole a Notery Public in and for said District and Territory on this day personaley appeared Mahala Marcum wife of Phillip Marcum and my Father and Mother was Blevens and Beckie Asher and my GrandMother was Winie Begley a Sister to the old Sizemores and they was always called Cherokee Indians I am the applicant for Citizenship in the Cherokee Nation and the foregoing is a correct list of my childern and thar famleys to Wit;

Wm Marcum and his childern Mahala Grammer and her child, Ida Grammer, Lucy Marcum and Rachel Grammer and Thomas Marcum and Phillip Marcum Jr. and Robert Marcum.

Blevins Marcum and his family William Marcum Jr. and Arria Hatter and her child Ora Hatter, Anthey Marcum, Henekiah Marcum, Minnie Marcum.

Beckie Cordell and her childern Anderson Cordell Mary Oldham – Luvena Cordell, Marthey Cordell, Charles Cordell, Malisa Cordill, Luley Cordill.
Thomas Marcum and his childern, James Marcum, Bell Marcum, Ida Marcum.

James Marcum, deceased and his childern, Milda Marcum, Jane Marcum, Pearl Marcum.

John Marcum and his childern, Henry Marcum, Rosey Marcum, Emly Marcum, May Marcum.

Hiram Marcum and his famley Thomas Marcum Jr. , Blevins Marcum, Watt Marcum.

Edward Marcum no childern

Henry Marcum and his famley Jesse Marcum and Claud Marcum, Mahala Marcum

Subscribed and sworn to before me this 8th day of August, 1896 W. D. Poole N.P.

 

To the Hon United States Commissioner your undersigned petitioners states to your honors that they are citizens of the Cherokee Nation by blood and that there names have never been enrolled therefore they ask your honors to investigate there claim & grant themthis right in said Nation.

That John, George & Henry & Edward Sizemore where Cherokee Indian and that they had a sister named Winnie who married Wm Begley who had a daughter by name of Becky who afterwards married a man named Blivins Asher who a child named Mahala who married Phillip Marcum who is the applicant for citizenship together with her children, Viz, Wm Marcum, Blivins Marcum, Beckie Cordill, Tom Marcum, James Marcum (deceased), John Marcum, Hiram Marcum, Edward Marcum, Henry Marcum together with their children Mahala Grammar & her child named Ida Grammar, Lucy, Thomas, Phillip, Rachel Grammer, Robert, William, Arrie Hatter & her child named Ona, Anthie, Hezikiah, Minnie, Anderson Cordill, Mary Oldham, Lavania, Martha, Charley, Lula, Mallissa, Jimmie, Bell, Ida, Milda, Janie, Pearl – Henry, Rosie, Emma, Mary, Thomas, Blivins, Watts, Jessie, Claud.

All of the parties mentioned are children of Mahala Marcum and Grandchildren & all reside in Choctaw & Chickasaw Nation & have lived there for about ten years.

Respectfully Submitted,

Mahala Marcum & Childrens

Depositions by:
Please click on the James Sizemore name to view all the depositions

James Sizemore Mary Fulkner
Nelson Sizemore William Bowlin
Edward Sizemore Winny Napier
Andy Baker Nancy Marcum
Almarine Dezarn Washington Roberts
John Sizemore

J. L. McIntosh

 

William Lewis

 

Answer

Nations No, 107
In re Application of Mahala Marcum et al

Demurrer and Answer
Filed ?Sept? 2/96 ?
H. W. January, Secy

-16-

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

In the matter of application of Mahala Marcum, et al Nation’s No. 107 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 _______entitled to citizenship.

Respondent not waiving he aforesaid demurrer, but insisting upon the same for answer to said application, says that John Sizemore, Bill Sizemore and Bill 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 their names do not appear on any of the authenticated rolls of said Nation; that neither they nor any of their ancestors now reside, or ever resided in the Cherokee Nation and Indian Territory. Having fully answered, your respondent askes to be hence dismissed.

Signed, S. H. Mayes,
Principal Chief of the Cherokee Nation
By Hutchings, Hastings, ?Boudines? Attorneys

John L. ?Adair??, Ex-Sec.
Having been first duly sworn, states that the matters contained in the foregoing answer, are true, to the best of his knowledge and belief.
Signed John L. ? Aasinn??
Subscribed and sworn to before me this, the 27th day of August 1896
Signed D. J. Ball, Notary Public

 

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