The Hale family of Virginia : Using Eastern Cherokee Applications to build family tree branches

I’ve been researching my paternal Hale family in Wythe and Grayson Counties for the past three or so years. This hasn’t been a particularly easy family to research.  They are one of the few families comprised of free people of color (fpoc) who haven’t been extensively researched. Like my Hill, Carpenter, Clark, Kenny/Kinney, and Robertson kin, who were also fpoc in the same region of southwest Virginia, very little has been written about them.

When you factor in the majority European and Native American Hale family branches…it is one enormous and sprawling family that encompasses the four corners of America.

I had a pretty good foundation for this specific ancestral line via census returns.  However, I knew there were large gaps that included plenty of missing people. Nor did I have a clue about how my direct Hale lines connected with the wider Hale family in Lancaster, Bedford, and Essex Counties in Virginia. Much less the older branches of the family in New England.

A message from ‘GingerGirl’, a Hale family relation, via Ancestry.com changed all of that. She suggested I take a look at Eastern Cherokee Applications (ECAs) on Fold3.  The existence of ECAs came as news to me. Turns out, this tip was quite the revelation.  The myriad of Hale family ECAs on Fold 3 enabled me to finally tackle my Hales. Not only tackle them…but connect the dots between different Hale family groups scattered across Virginia, Tennessee, Kentucky, and North Carolina.

I have one suggestion, before I continue.  I recommend checking this resource out if you have ancestors who were fpoc. I have found missing fpoc ancestors and kin from the Bird/Byrd, Drew, Findley, Hathcock/Haithcock/Heathcock, and Walden families, among others, through their ECA applications.

So what kinds of genealogy information do these applications have? 

Plenty.  I’m going to use cousin Jerome Hale’s EPA as an example.

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The image above is a pretty standard application cover page.  It has the applicant’s name, as well as the application roll number assigned to their case.  In the case of Jerome, his ECA number was 41355. You can also use this number to search for any other EPA attached to an applicant’s file.  As you can probably imagine, entire families submitted individual applications. Making a note of each ECA roll number enables you to cross-reference and cross-check information.  There’s also a date stamp. I use this date when updating the then-current residency information on an individual’s page on Ancestry.com .

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The page above has a wealth of basic genealogy-related information:

  • The applicant’s full name, including any Native American name they might have had
  • Current residency information
  • Age at the time of application, and the birth date the applicant used
  • Place of birth
  • Marital status, including the name of a spouse
  • Tribal affiliation. OK, we’re talking abuot Eastern Cherokee aplications, so it’s no surprise that the tribal affililation is going to be Cherokee.  However, I have seen a handful of references to a parent who was Choctaw, Shawnee, or Powhatan
  • The names, ages, and dates of birth for the applicant’s children
  • Parents’ names, as well as their place of birth

There’s a bit of a mystery around Jerome’s father, William.  William vacillated between the surnames Clark, Hale (Haile), and Kinney (Kinney) when he was younger. Frankly, his habit of chopping and changing between 3 different surnames has made him a nightmare to research. Part of the problem is the identity of his father is unknown. His mother, Phyllis, used the surname Kenney/Kinney; whether this name was through birth or marriage is also uncertain.

I’m left wondering where these surnames came from.  And, more importantly, what these surnames meant to them. Names are a fundamental part of anyone’s identity. These surnames clearly meant something to Phyllis and William.  What they meant to them, however, remains unclear.

This also raises a question about the relationship between my Clarks who were free and my Clarks who were enslaved. Both groups have origins in Grayson County before a removal to Wythe County. Both groups share a tri-racial – European, African, and Native American – ancestry. The two groups, including descendants, also married each other in Wythe County. DNA matches suggest both Clark family groups shared a common Clark ancestor.  Who that person was remains unknown.

What this page tells me is that Jerome’s father, William, finally settled on Clark as his family name, which matches later Census returns for him. His wife, Selia/Celia, and their children also chopped and changed between using the names Kinney/Kenney and Hale; finally settling upon Hale as their family name.

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The page above also has basic, yet crucial information:

  • Parents’ place of residence in 1851. Seemingly innocuous, this is an important piece of information to have. There are times when I can’t locate ancestors or kin on the 1850 Census. It’s simply due to not knowing where a person was living, especially if they had a common name. Even more so if they moved around frequently.  and my Hales moved around quite a bit.  I couldn’t find Jerome’s parents in the 1850 Census, for instance.  Once I knew where they were in 1851, I went back and finally found them in the 1850 Census.
  • The names and residences of siblings. Again, this is pure gold dust.  With other family ECAs, I discovered the applicant had siblings that I hadn’t discovered in my other research efforts. Or, I could finally make a connection between a few different family groups. Even better, depending on the thoroughness of the applicant, I also discovered if an applicant’s mother remarried, thus having a different surname – as well as discovering the married names for sisters. Having a woman’s correct surname at a certain date point enabled me to find them in vital records, etc.
  • Last, but by no means least, you can have 3 generations’ worth of family lineages provided, as in the case above.

There are a few things to unpack regarding the dates used in the ECAs

The dates of 1834-5 and 1851 were important due to various treaties signed between the Eastern Cherokee and the US government. Basically, the US government wanted confirmation that an application has been a member of the Eastern Cherokee tribe at the time of the treaties of 1835 (Treaty of New Echota, https://en.wikipedia.org/wiki/Treaty_of_New_Echota ), or 1836 (Treaty of Bowles Village with the Republic of Texas), or 1843 (Treaty of Bird’s Fort with the Republic of Texas, https://en.wikipedia.org/wiki/Treaty_of_Bird’s_Fort ) between the United States and the Eastern Cherokee.

These dates don’t seem to be hard and fast excluders if an ancestor wasn’t a recognized as an Eastern Cherokee tribe member at those date points. I’m still researching this to determine what tripwire/minefield these 3 date points represent for a prospective applicant. Bureaucracy is a demanding mistress.  Those year dates are far from arbitrary. They are there for a multitude of reasons.  Treaty years is but one.

The year 1851 has to do with the Drennen Roll. This roll was a post Trail of Tears. This roll logged payments made to Cherokees living to the west of the Mississippi River.  These Cherokees were removed from the eastern United States to the west of the Mississippi River as a result of an 1835.  The roll was prepared by John Drennen, and contains the name of the person to be paid, their Cherokee district, and information about their family group.

Back to the genealogy nuggets of gold

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I’ve included the image above just to illustrate the affidavit part of the process. Like any other legal matter, affidavits were part and parcel of this process.

Other Hale family ECA’s contain additional genealogy nuggets that are pure gold. Like the letter below, which is part of Silas Hale’s ECA. Silas was Jerome’s cousin.  Below is a letter written by Silas to the US Court of Claims regarding his own application.

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This is a very simple letter.  Yet, I love this for so many reasons. The first is that Silas could clearly read and write. Given that this was 1907, it’s something that can’t be take for granted. It’s also pretty cool to see an ancestor’s 100+ year old writing.  The vocabulary and penmanship tells me something about Silas. Considering this was a chasing letter, it’s pretty polite.

Transcription:

Appl. #37721 | May 15, 1908

Silas Hale,

  Jellico, Tenn.

Sir:

Relative to your application for participation in the Eastern Cherokee Fund, please state whether you, your parents, or grandparents ever resided with the Cherokee tribe. If so, state when and where. Were you, your parents, or grandparents recognized as white people, Indians or negroes in the communities in which you and they have resided?

Why was the parent through whom you claim not enrolled in 1851, and where was he or she residing in 1834-5, if living at the time? Where were your grandparents on the side through which you claim residing in 1834-5?

If your parents or grandparents were slaves, state whether slaves of Indians or white people.

Very respectfully,

Special Commissioner

By

Chief Clark  

The other thing that leaps out at me are the not-so-subtle questions about race and slave status. They seem to be filters. Again, seemingly simple questions that could be used as tripwires to invalidate a claim (Blood Quantum Laws via https://en.wikipedia.org/wiki/Blood_quantum_laws; and Who’s a Native American? It’s complicated via http://inamerica.blogs.cnn.com/2012/05/14/whos-a-native-american-its-complicated are quick introductions to this topic).

The vast majority of Hale ECAs were rejected. The usual reason cited was a lack of documentary evidence to prove their Cherokee ancestry. There were other factors at play.  The letter below, from Charles Hale (another cousin), is a not so subtle hint that family members knew the forces that were at play regarding their applications.

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The sentence “under misapprehension in having this application filled out” speaks volumes. He clearly knew exactly what was at stake.

Silas’s response to the letter he received follows below. He too knew what was at stake. I include it to illustrate some of the key genealogical information that can be gleaned through these applications.

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I apologize for not transcribing it.  I’ll readily admit that I struggled with the cursive writing. However, the parts I could easily read again had important genealogy information:

  • Silas stated that his grandparents and parents were recognized as Cherokee, although not formally enrolled in the tribe;
  • His mother was Cherokee and European
  • He believed the reason why his father hadn’t enrolled in 1851 was due to his leaving Cherokee territory for Virginia. Which, as it turned out, was true. His mother had already died by 1851; and;
  • That his grandparents were resident in Cherokee territory in 1834-5. In fact, all of them had died in Cherokee territory.

Again, it provides a concise little genealogy covering his parents and grandparents: their names and where they were living at key dates.

Like the majority of other Hale ECAs, Silas’s was rejected.

I love these ECAs for the information they contain.  They equally frustrate me. I keep asking myself how the Court of Claims could expect people living in remote areas in the early to mid-1800s to have gathered – much less think about –legal/official proof of Cherokee affiliation. You’re busy just trying to deal with the hurly burly of everyday life and providing for your family.  Time is an issue. Do you take the one or two days necessary to ride into town to enroll as a member of a Native American tribe or do you tend to whatever your source of income and/or subsistence was? Many of my Hales were farmers.  A day or two away from the farm was simply out of the question.

Enrollment and/or documentary proof may, or may not, have required money. If so, where was that money to come from? These were not rich people. I know I probably wouldn’t have spent the money or time to prove something that my family, and others who knew my family, already knew to be true.

I also can’t take literacy for granted. Regardless of race. If multiple generations of a family were illiterate, there would be no one to write such proofs down for posterity.

These were also people who moved about. Frequently. Even if they had the inclination, time, and money, to register – it’s an easy thing to lose or misplace papers with each move you make. There’s one Hale family group who went from North Carolina, to Virginia, then on to Tennessee, Kentucky, Texas, and were ultimately removed to Oklahoma. That’s a whole lot of moving. Considering they only had access to horses and wagons, this is actually quite impressive. However, there were a whole lot of opportunities to lose important papers, should those papers have existed in the first place.

This is the other aspect of ECAs that I find interesting.  The historical context, the backdrop as it were, that impacted upon the lives of these applicants. History and genealogy do indeed go hand in hand. These applications provide us with real glimpses into both.

Image Credit:
Images via: Eastern Cherokee Applications of the U.S. Court of Claims, 1906-1909

Eastern Cherokee Applications via Fold 3:  https://www.fold3.com/title_73/eastern_cherokee_applications#overview

 

Discovering Pocahontas: A family surprise

I never get tired of saying that it’s been the women in my family tree who have revealed my most profound and memorable genealogy surprises.  This shows no signs of abating. Yet another lady in my tree has revealed something remarkable.

Fugate-Clark

I discovered a new Martin family line when I began triangulating my DNA results in order to identify the father of my 2x great grandmother, Margaret Clark (please see the image above). Mary Martin is part of Margaret’s enormous white Fugate-Clark family.

As soon as I saw the surname Martin, I was all excited. I have a sizeable group of Quaker Martins in my family tree. While they were largely based in Chester and Delaware Counties in Pennsylvania, there were members of this Quaker family who migrated to Baltimore County, Maryland. They also spread out throughout Virginia. Naturally, I was keen to connect Mary Martin to the other known Martin branches in my family tree.

The problem was, I keep coming across a Mary Martin, born in Baltimore County, Maryland, who was always described as being ‘part-Indian’. There were no references to this Anglo-Native American Mary  being a Quaker. Nor were there any indications that her father’s Martin family were Quakers. If anything, her family were Anglicans. So, I dismissed her.  And began to get more than a little annoyed because this Mary that I kept coming across wasn’t the Mary I was seeking.  At one point, I just looked at my laptop and said “Enough already.  You’re someone’s ancestor to be sure. But you’re not my ancestor! Please get out of my way!”

Silly me.

I became so frustrated that I made the decision to put Mary Martin on the back burner.

Two days after I made that decision, a DNA cousin, whom I will call Mike, reached out to me on Ancestry.com. He said he had some family history information about my Fugates and Clarks – and would I like to chat on the phone about them?  Like I ever need an invitation to talk about family history stuff.

I phoned him in due course and he picked my brains about what I had uncovered at that point in my research.  Naturally, I relayed my frustration about the difficulty I was having in researching Mary Martin.  He laughed out loud.

“You mean you don’t know about Mary?”

I told him that I knew about the Mary who was part Native American…and that I knew nothing about my Mary, who would have been a Quaker.

Mike laughed out loud again. And then proceeded to tell me that I had already found the right Mary Martin. The Mary Martin who was the ancestor of Margaret Clark wasn’t a Quaker. The Mary Martin in my tree was the grand-daughter of Pocahontas.

My reply was classic, and worthy of Larry Wilmore: Whaaaaaat? Wait, what!?!  Can you say that again, one more time?

Mike thought that was hilarious. He then sent me some links to some essential reading just to seal the deal.

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Pocahontas

To put this into perspective, my Sheffey line is the one family line I have that never, and I mean never, laid any claims to Native American ancestry. No quiet whispers. Not even a murmur. No family rumours. No family myths or legends. Zero. Zilch. Nada. Turns out, it’s the one family line with a verified, bona fide, Native American Ancestor. And it’s Pocahontas to boot. She’s my 12x great grandmother via Ka Oke “Jane” Powhatan, her daughter by her first husband, Kocoum.

One source was the Patawomeck Tides, a newsletter that tribe sends its members (https://www.nps.gov/jame/learn/historyculture/upload/Patawomeck-Tides-2009.pdf). Once I began reading, the pieces rapidly fell into place.  Mike was right (not that I had any doubts, Mike!).

I had to phone up my genetic genealogists in the UK. My question was pretty straightforward. I have such a negligible amount of Native American results in my DNA, it’s pretty much non-existent. Naturally, I wanted to know how this was possible.  Could this mean that maybe some of the family stories about Native Americans in the other branches of my family weren’t bedtime stories after all?

The team explained a fairly complex theory about Native American DNA inheritance. Basically, whatever Native American ancestry I have was so far back in time that only a minuscule amount is present in my autosomal DNA results. It’s called the “Wash Out” theory. Apparently, it doesn’t take very long for Native American DNA to wash out of DNA results when it comes to non Native Americans. That’s the grossly simplified version. The article NATIVE AMERICAN DNA Is Just Not That Into You (http://www.rootsandrecombinantdna.com/2015/03/native-american-dna-is-just-not-that.html) delves into this in far greater detail.

The second strand of my conversation with the genetic genealogists had to do with DNA sampling from Native American tribes. They weren’t sure what percentage of Native Americans have undergone DNA testing. Which meant that were unsure about the size of DNA population data sets the big DNA testing services use to determine a person’s admixtures. Put another way, AncestryDNA, for instance, may not have a large Native American DNA data set to match DNA test results against. If it doesn’t then there really isn’t much Native American DNA to compare test results with. The American Indian and Alaska Native Genetics Resource Center website (http://genetics.ncai.org/tribal-enrollment-and-genetic-testing.cfm)  is an excellent place to learn more about this subject.

Pocahontas

This part of the tree takes us from Mary Martin (Margaret Clark’s 4x great grandmother) back to Pocahontas. Click for a larger image.

As soon as I connected Pocahontas to Margaret Clark on my Ancestry.com hosted family tree – the AncestryDNA shared matches shaky leaf hints started popping up – seemingly all over the place.  All of a sudden, family names like Bolling, Rolfe, Pugh, Lewis, Powhatan, and Pettus made sense. I could see who our common ancestor was.  All roads lead back to Pocahontas. And to Varina in Henrico County, Virginia, where a number of Pocahontas’s Anglo-Native American descendants resided.

My father’s enslaved maternal Roane family was also based in Varina. My 3x grandfather, George Henry Roane, married Susan Price, who is beginning to look like a Price by blood. The white Price family in Varina claimed descent from Pocahontas via Thomas Rolfe, the son she had with her husband, John Rolfe. If true, this would also make Susan Price her descendant.

So it looks like Pocahontas isn’t done with me just yet.

That’ll teach me about making assumptions when I’m looking for ancestors.

My head is still spinning a bit. Taking three of my ethnic groups into account – African, European, and now Native American – I have DEEP roots in America. My Goins/Gowing and Cumbo ancestors are believed to have been among the “Twenty and Odd” Africans who were taken from a Portuguese slave ship and indentured in Virginia in 1619. My West family were among the European founders of Jamestown, Virginia in 1607. And Pocahontas puts my ancestry in America before the arrival of Europeans.

As I mentioned to my nephew, our family is about as American as it gets.