Applications for Cherokee Citizenship by surviving children of Madison Carothers Hawk in 1907. The first two for the daughters were written in the same hand and are nearly identical. The third one for son Timothy was written in a different hand and has many differences.
The following are applications to the Special Commissioner of the Court of Claims in Washington D. C. They were submitted to obtain a share of money allotted to the Eastern Cherokees by an act approved by Congress June 30, 1906.
Some of the statements in these applications are incorrect. Corrections and comments are italicized and enclosed in brackets. [ ]
English Name: Sarah Grace Hawk Porter
Indian Name: Hawk
1. Ella True Nov 10, 1862
2. Bernice Dodson Aug 7, 1866
3. Fannie Porter April 5, 1869
4. J. S. Porter Feb 17, 1875
5. R. F. Porter Sept 17, 1879
Madison Carothers Hawk, Betsie Jane Meigs
Father – English Name: Hawk or Walker
Indian Name: Walker or Hawk
Mother – English Name: Meigs Hawk
Indian Name: Hawk Meigs
Maiden Name: Meigs
Father: near Abingdon VA 13 Sept 1807
Mother: near Cherokee Agency in Calhoun or Charleston Nov 19, 1809 [she was born at Hiwassee Garrison in Rhea County. The Agency was not located in Calhoun until 1817.]
Father: died April 20, 1849
Mother: in 11th district. Died in 11th district McMinn County, June 1880.
Name Born Died
1. Mary E. Hawk July 25, 1835 1869
2. Timothy S. M. Hawk 5 June 1838 living
3. Robert A. Hawk 22 August 1839 July 6, 1863
4. R. J. Hawk March 1844 14 April 1846
5. Fannie Jane Hawk 11 Decem 1846 8 April 1905
#35064 6. Madison A. Hawk Nov 14, 1849 living
Father’s side Mother’s side
Robert Hawk Col. R. J. Meigs (Cherokee Agency)
Carothers Grandmother was a Holt
[the grandfather was Timothy Meigs, not Col R. J. Meigs. Timothy Meigs, son of Col. R. J. Meigs was married to Elizabeth Holt. Their daughter Elizabeth Jane Meigs married Madison Hawk. Elizabeth Jane was raised by her mother and grandfather Col R. J. Meigs after her father died in 1815.]
1. William Hawk Robert Meigs
2. Mary Hawk John Meigs [Return Jonathan]
3. Nancy Hawk Grace Meigs
4. Thorsa(?) Hawk Emily Meigs
21. Have you ever been enrolled for money, annuities, land other benefits? If so state when and where, and with what tribe of Indians: Never have
22. To assist in identification, claimant should give the full English and Indian names, if possible of their parents and grandparents back to 1835: my great grand mother on father’s side was a sister to Chief John Walker, father of Chief Jack Walker. [Chief Jack Walker was married to the sister of Elizabeth Jane Meigs Hawk. Jack Walker was killed after he signed the New Echota Treaty in 1835.]
(Signature) Sarah G. Porter
Subscribed and sworn to before me this 13 day of August 1907.
J. D. Lyle Notary Public
Affidavit:
Personally appeared before me: Lemual Etter and R. J. Only who being duly sworn, on oath depose and say that they were well acquainted with Mrs. Sarah Grace Porter who makes the foregoing application and statements, and have known her for fifty years and fifty years respectively, and know her to be the 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.
Signatures of Witnesses R. J. M. Only
Lemuel (X) Etter
Witness to mark: J. S. Brewer, R. J. M. Only
Subscribed and Sworn to be this 13 day of August 1907.
A second application in the name of Madison A. Brewer was identical except for the following questions:
5. How old are you? 57 Born: Nov 14, 1849
6. Where were you born? Riceville, McMinn County, TN.
8. Name and age of husband: James S. Brewere – 63 years.
10. Name all your children who were living on May 28, 1906, giving their ages:
Name age born
Lewis Brewer 31 years 1876
Helen Brewer 28 “ 1879
Meigs Brewer 23 “ 1884
Myrtle Brewer 18 “ 1889
Nellie Brewer 14 “ 1892
A third addplication in the name of Timothy S. Hawk was identical except for the following questions:
10: [notation that all his children are over 21 and he does not list them]
11. Mother: Maiden Name: Jane Meigs
12. Where were they born? Father: VA Mother VA. [His mother was born in Tennessee, not Virginia.]
13. Where did they reside in 1851, if living at that time?
Father: dead
Mother: Riceville, Tenn.
Father: died 1849
Mother: died 1879
Name Born Died
Robt. Hawk 1836 1869
Mary Hawk 1836 1866
Fanny Hawk 1843 1905
Grace Hawk 1846
Madison 1849
Father’s Side Mother’s Side
Robert Hawk 75 79 R. J. Meigs
[illegible] Walker Elizabeth Meigs
William Hawk
Nancy Hawk
Mary Hawk
Rhoda Hawk
Madison Hawk
21. Have you ever been enrolled for money, annuities, land or other benefits? If so when and where, and with what tribe of Indians? My father’s name Madison Hawk & his Father’s name was Robert Hawk.
22. To assist in identification, claimant should give the full English and Indian names if possible of their parents and grandparents back to 1835. who married a Walker, a sister of John Walker a Cherokee.
Remarks: John Walker’s son Jack Walker was enrolled in 1835-36. [The response to questions 21 and 22 and this under remarks seems all to be part of the answer to question 22. The identification of his grandmother as a Walker instead of a Carothers is interesting. The two sisters inserted the name Walker as part of the Indian name of their father and mother. The sisters said their grandmother was a sister to Chief John Walker, but put down her name as Carouthers. .]
(Signature) Timothy S. Hawk
Subscribed and sworn to before me this 26 day of July 1907
Geo. W. Isbill.
Affidavit:
Personally appeared before me Leroy Kelley and Wm. R. Kelley . . . are well acquainted with Timothy S. Hawk . . . have known him for 30 years and 20 years respectively.
Witnesses to mark: Leroy (x) Kelley
G. W. Isbill William R. Kelley
Wm. R. Kelley
Below is an affidavit that was attached to the applications of the two sisters. [The blanks and names in parentheses are as in the original. This appears to have been a rough draft, but ended up a part of the original papers. The ‘or’ after Pickens appeared to be the last two letters of a name he could not quite recall. Jesse Meigs Rice and Jennie Rice Lee were written in the margin. Both were daughters of Mary Elizabeth Hawk and husband Henry Rice. Mary Elizabeth was probably the “sister Mrs ________” mentioned.]
Calhoon Tennessee July 13th 1908
Hon Guyon Miller Sp. Commissioner
Dear Sir I make this volunteer statement with reference to the decendants of M. C. Hawk, viz Timothy Hawk or Houck, Mrs. Grace Porter and children, Mrs. Fannie (Pickens) ___ or and children, Mrs. Mattie Brewer and children (Jesse Meggs Rice) (Jennie Rice Lee) and her sister Mrs _____ because of an answer of mine to question by Mr. Ryan while being examined by him as a witness in behalf of the last named above – “Do you consider that he was a party to the treaty of 1835-6” my answer was “I should think not.” This answer was based on the past that when I first new Mr. Hawk he lived on the Chief John Walker Reservation, preempted under the treat provisions of Hiwassee purchase 1817-1819. Upon investigation I find that official records for the year 1835-6 Mr. Hawk was a res of Murray County, Georgia – at that time a part of the Cherokee Nation, and of the lands ceded in 1835-6 as the Ocoee purchase – these records are in the life and times of Samuel Patton. It was in 1847-8 that he lived on the Walker Reservation. This Walker was the father of Chief Jack or John Walker who was shot and mortally wouned [sic] on the way home from the council ground at Red Clay where treaty of 1835 was signed. He was killed, as was the two Ridges, and Elias Boudinot afterwards in signing said treaty. Mr. Hawk died at Riceville, Tenn in McMinn 1849 and is buried in Calhoun in line with Chief Bushyhead – Father of the Chief who led 1000 of his people west.
My Claim is made under the provisions of Treaty of 1835 Sections12-16 and supplement of 1835 see i. and h. Many mixed bloods were afraid to enroll as they did not want to go west. I have often heard it said that less than ¼ bloods were not required to enroll, but might remain and become citizens. The Road on which my fathers home was situated was the main thoroughfare between the Agency and the Settlements on Candy’s Creek, Chickamaugah and the Council Ground and afterwards the town of Cleveland was located on the same road. The town of Charleston occupies the grounds of the Agency where Col Meigs and Ex Governor McMinn died. Yours with Respect
R. J. M. Only
Hon Guion Miller Commr
Washington D. C.
An additional paper sworn to by Jesse Rice and Jennie Lee was included in the papers:
Jesse H. Rice, Jennie Lee – being duly sworn in behalf of their said claims, and R. J. M. Only also being produced as a witness, depose and say:
That we are 47, 49, and 67 years of age respectively. The applicants state that we claim our Indian descent through our mother and her father. My mother’s father’s name was Madison C. Hawk. All of our other ancestors were white. Madison C. Hawk was born and raised in Va., I don’t know what part. Our mother was born and raised in McMinn Co., Tenn. Our grandfather Hawk came from Va to McMinn Co. Tenn before the treaty of 1819. He married here. Our mother never lived with the Indians, nor was she ever on any roll. Don’t know whether our grandfather was or not. We are recognized as white people having some Indian blood.
And the witness R. J. M. Only testifies as follows: That Madison Hawk came here before I was born and was married to the daughter of R. J. Meigs, a white woman. [She was the daughter of Timothy, not R. J.] I always understood that Madison Hawk was one-half breed Cherokee. He showed it enough to be a full blood. He was born in VA the south-western part, no far from Abingdon. I don’t think he ever enrolled for the reason that he did not want to go west and avoided enrollment on that account. I don’t know that after he came from Va that he was recognized as a member of the tribe, but he preached among them here in MaMinn and Bradley Cos. Applicants’ mother was never on any roll that I know of. She didn’t live among Indians or a member of the tribe. From my earliest recollection I was acquainted with the family, was intimate with them, because of my name and the name of her son that died, R. J. Meigs being the name, and from my earliest recollection they lived on the outside of the treaty line. They must have lived in the Hiwassee purchase at the time of the treaty of 1819. He was not recognized as a party to the treaty of 1835 that I know of.
[the signatures on my copy are all unreadable]
Subscribed and sworn to before me at Athens, Tenn. this 26th day of June 1908.
[The Treaty of 1819 referred to by Only was an ceding of land in the east in exchange for land on which some of the Cherokees had voluntarily settled in Arkansas Territory. By the terms of this treaty those Cherokees who had made substantial improvements to their land in the East could choose to keep those lands in the ceded territory with 640 surrounding acres and choose to become American citizens. This treaty originally negotiated in 1817 was added to in 1819 in which reservation allotments were made to Chief Walker and to John and Lewis Ross among others. Unfortunately those who requested these reservations were never given clear title to the land and were unable to hold onto it when the removal began]