Honoring I.T. Freedmen Civil War Veterans

 

Painting Depicting 1st Kansas Colored Infantry
This unit consisted of many men from both Cherokee and Creek Nations
Image accessed from Black Past.org

Among the missing stories fromt Oklahoma and it pre-staehood history are the stories of slavery, the quest for freedom and the stories of the Freedmen. Embedded in the quest for freedom comes the story of men both enslaved and free, who enlisted in the Union Army during the Civil War. This untold Oklahoma story is rich reflecting stories of courageous of these black freedom fighters who joined the battle for freedom. They are honored this week during Freedmen History Month

Almost 200,000 men of African descent served in the American Civil War. Within that large number were men who served in several portions of the Union Army--the United States Colored Troops, the Indian Home Guards and the 1st & 2nd Kansas Colored.

Within these units were men who had a background that distinguishes them from other soldiers. These men had lived in Indian Territory, within Five native tribes. Many had been slaves while in these tribes, and some or their parents had come to the Territory on the forced migration known widely as the Trail of Tears. The tribes from which they came are Cherokee, Choctaw, Chickasaw, Creek and Seminole Nations.

Many of these men have their names inscribed on the Civil War monument in Washington DC. Their participation in the Civil War is not widely known, even by many who descend from them. However, their legacy is a strong one, and as a result they are to be honored throughout this week, of Freedmen History month.

The Regiments in Which They Served

1st Indian Home Guards

2nd Indian Home Guards

3rd Indian Home Guards

1st Kansas Colored Infantry

2nd Kansas Colored Infantry

11th US Colored Infantry

54th US Colored Infantry

79th US Colored Infantry

83rd US Colored Infantry

Battles in Which They Fought

Baxter Springs, October 6, 1863 Kansas 2nd US Kansas Colored Infantry

Boggs Mills, January 11, 1864  Arkansas  11th US Colored Infantry

Cabin Creek, Cherokee Nation July 1-2 1863 and Nov 4,1865  2nd Kansas Colored, & 83rd US Colored Infantry

Clarksville January 18th 1865  79th US Colored Infantry

Cow Creek, Kansas November 14th  1864  54th US Colored Infantry

Ft. Gibson, September 16,1864  79th US Colored Infantry

Horse Head Creek Arkansas February 17, 1864  79th US Colored Infantry

Honey Springs July 17m 1864 1st Kansas Colored Infantry

Island Mound, Missouri October 27th & 29th 1862 1st Kansas Colored Infantry

Jenkins Ferry Arkansas April 30th 1864 83rd US Colored Infantry

Lawrence Kansas July 27th 1869  79th US Colored Infantry

Lotus Steamer (near Dardanelle) Jan 16, 1865 83rd US Colored Infantry

Poison Springs Arkansas  April 18th 1864  1st Kansas Colored Infantry

Prairie D'Ann  April 13th 1864  1st & 2nd Kansas Colored Infantries

Timber Hills, November 19th 1864  1st Kansas Colored Infantry

May the forgotten freedom fighters from Indian Territory long be remembered. Their legacy should no longer be overlooked.

Cherokee Freedmen Win Battle In Federal Court

".....When the Cherokee people wrote into their constitution in 1866 “all native born Cherokees, all Indians and whites legally members of the nation by adoption, and all freedmen,” “shall be taken and be deemed to be citizens of the Cherokee Nation,” they fixed the status of the freedman and raised him to the same rank of citizenship which they themselves enjoyed. Thenceforth he was to be equal with themselves under the constitution, governed by the same laws, enjoying the same rights, possessed of the same immunities, and entitled to the same protection. If the common property was to be retained for the general welfare, he was to share equally in its benefits; if it was to be sold and its proceeds divided, the constitution made it as much his as theirs."

And so goes the ruling made August 30, 2017 in favor of the Cherokee Freedmen.

For many this ruling is a surprise---Cherokee Freedmen, descendants of the formerly enslaved people held in bondage, have been struggling for the greater part of the past century for their rights to remain citizens in the tribe of their birth, and the tribe of their ancestors. Over the years there have been continuous efforts for the Five Slaveholding Tribes, to cleanse their nation of the presence of descendants of  their slaves.

In the Cherokee Nation, during the tenure of the first female Principal Chief, Wilma Mankiller, the Freedmen began a decades long saga fighting for their rights to remain citizens, after having been kicked out of the nation. Some who had been a citizen for their entire life showed up to vote to suddenly be told that they were no longer citizens.

This happened in 1983, when Rev Robert Nero, an elderly man showed up to vote in a Cherokee election. He had voted in other years including the previous election in 1979. He was told that he could not vote because he did not have "Cherokee blood".

For many with roots in the deep south, this is similar to many African American citizens who were prevented from voting, because their "grandfathers" had not voted. For others this treatment was not different from the challenges made to other blacks by giving them exams that were not passable, again to prevent their voting and sharing in the rights as citizens.

In 1984, Rev Nero and others filed a class action lawsuit challenged this new policy. They stated that their treatment by the tribe had been "humiliating, embarrassing, and degrading." The tribe argued that the Federal court had no jurisdiction in the case, as it impinged on tribal sovereignty. That case went on and ruled in favor of the tribe. The Appeals court ruled that the case was a tribal issue and allowed the lower court ruling to stand. That ruling occurred in 1989--5 years after the case was initiated.

This began a saga again and that would emerge, would challenged next time when Bernice Rogers Riggs, a descendant of slaves one held by the family of noted humorist Will Rogers, challenged the issue. Her case was somewhat different, because she challenged the issue in Cherokee Court and not Federal Court.  At that time I was contacted by one of the attorneys representing her to be a witness in her case. That was in the summer of 1998, in the capitol of the Cherokee Nation in Tahlequah.

Mrs. Riggs sued Lela Ummerteskee the tribal registrar, over her having been denied citizenship in 1996. She had documented her family ties to the nation, but she was denied enrollment because her ancestors were placed on the Freedman Roll

This long standing policy of forbidding enrollment of those whose ancestors were on the Freedmen Roll, has been a long standing policy, deemed acceptable by many for years. The policy of allowing those who are caucasion with 1/1000th degree of Indian blood, based on a flawed roll that intentionally ommitted any blood degree of any kind on Freedmen, has been an on going issue. Basically those who ancestors were enslaved by those who marched alongside their slave holders on the same Trail of Tears, have basically been told repeatedly that their blood didn't count. Yet---Freedmen descendants can prove that they descend directly from their ancestors on the Dawes Rolls. This is the same roll that will admit those who descend from Inter-married whites, whose degree of Indian ancestry is minuscule, and if a DNA test were issued, they would have little to no Indian DNA showing. But DNA is not an admissible element for citizenship. Admission is based on having ancestry of a certain portion of the Dawes Roll.

Over the years, more individuals became aware of their own ties to the Five slaveholding tribes. In 1991, I discovered my ancestors on the roll of Choctaw Freedmen. I learned that my own great grandmother whom I had known when I was child, had been born enslaved in the Choctaw Nation. I found her enrollment card and was stunned when I saw my own family and beside their names a column headed by the words "slave of" followed by the name of the slave holding family.

Two years later I wrote a book about researching the Freedmen of the Five Civilized Tribes, published by Heritage Books. Astonishingly this was the first book ever written as a genealogy guide for the thousands of Freedmen descendants. I began to meet others from around the country, who had roots in Oklahoma, and who could also document their history to that of the Freedmen. I began to study the history of slavery in the Five Tribes and was learning an incredible history never taught and still not taught in Oklahoma schools. The history ommitted, is that slavery occurred in the land that became Oklahoma.

I also learned about the fact that Freedmen had been kicked out of the tribe, and that the nation had basically looked away, while people with documented ties, were not allowed citizenship in the nation which was part of their own family history. I also learned the policy was one where those with ancestors on the rolls of "Blood" and "Inter-married whites" are admitted into the tribe, and those with ancestors on the rolls of "Freedmen" were not allowed. I learned also that they have been excluded steadily for the past 3 decades.

However, the last decade has brought about more challenges with some changes. In 2001, Marilyn Vann sued the nation once again after she was denied enrollment, because her father and grandparents were on the Freedman Roll. Ms. Vann and others challenged the ruling and this time, others became aware of this new challenge, and began to show their support. The Freedmen were admitted by the Treaty of 1866. Among the new supporters of the treaty were the Delawares who were adopted by the same Treaty. They showed support of the Cherokee Freedmen.

Three years later, in 2004 Lucy Allen, another Cherokee Freedman descendant filed a case in Cherokee court, claiming that the exclusion of Freedman was unconstitutional. It should be pointed out that the first line in the Cherokee Constitution states that "The law of the United States is the law of the land". The Appeals council ruled in favor of Lucy Allen's case, thus opening the doors of many Freedmen descendants to then apply for citizenship.

Then a ruling was made in 2006 overturning the earlier ruling against the Freedmen. This began a back and forth issue of allowing the Freedmen to enroll, followed by Cherokee Chief Chad Smith calling for a vote to expel the Freedmen. Only 3% of the eligible voters participated in the vote, which came out as a vote of expulsion. The tribe officially claimed that over 70% voted to expel the Freedmen, though it was 70% of the 3% who had voted.

In 2012 a case was filed in 2012 with the Cherokee Nation claiming that it was not required to admit the former slaves as citizens. There was a counter suit and it was decided to combine the cases since both cases involved the exact same parties. In May of 2013 a hearing was held in Federal Court in Washington DC. I attended that hearing and had a chance to observe as attorney Jon Velie argued on their behalf.

Today, August 30th a ruling by Thomas F.Hogan, senior United States District Judge. He ruled that Cherokee Freedmen have rights guaranteed to them as full citizens, as the treaty promised. The treaty he referred to was the Treaty of 1866.

It will never be known why it has taken years for this case to be settled. There was hope that the ruling would have been much earlier, but at last a ruling has been made. It is not known how other tribes will act in light of this ruling. The language of the treaty is clear. Hopefully with this ruling, I can only hope that others will now start to pursue their history and genealogy with vigor and enthusiasm. The nation has come to terms with the unequal treatment of one part of the nation in light of the trial and of the analysis.

Perhaps the tenacity of the Freedmen beginning with Rev. Nero and their unwillingness to disappear quietly was something that was never expected. It is stated that the tribe spent millions of dollars trying to remove the descendants of their slaves from the nation. Based on race and color, although many descendants could actually prove that they too had Indian blood, the fact that the Freedmen never quit the battle was never expected. Principal Chief Chad Smith who vehemently sought to purge the Freedmen from the nation, is no longer in office, and the Freedmen whom he wanted removed, have now won their case, once again, and as in previous cases, it was decided upon the merit. The Cherokee Freedmen were citizens and are citizens of the nation.

There are more than 20,000 genealogy files pertaining to the Freedmen that are genealogically rich and historically significant records.

The numbers of Freedmen descendants from all five tribes is significant, especially if one looks at the numbers from 1906 when the Dawes Rolls were still being developed:

Cherokee Freedmen 3982

Choctaw Freedmen 5254

Chickasaw Freedmen 4995

Creek Freedmen 5585

Seminole Freedmen  857 (+93 children born later)

 Total number of Freedmen from Indian Territory: 20,766.

 My hope is that others will step further to examine their history more intensely.

Meanwhile, the work and tenacity of the Cherokee Freedmen, with leader Marilyn Vann are to be recognized. Their courage to address racially based treatment of them over the years has been observed by all, and their battles have caught the attention of historians and scholars throughout the nation. 

They have been peaceful and maintained their dignity over the years as efforts were made from tribal leaders to attorneys to lobbyists, to discredit them, and their plight. Hopefully this will bring to an end the saga begun in 1894 when Rev. Robert Nero challenged those who had once enslaved his parents and grandparents. 

Our job now, is to assist others as they seek to tell their story. The Oklahoma Freedmen have an incredible story to tell!

Johnson Family of Benge, Indian Territory, A Cherokee Freedman Family

The Johnson family of Benge, Indian Territory (now Muldrow, Oklahoma) is a family of Cherokee Freedmen rooted in the Cherokee Nation, in what is now the old Shady Grove Community. This family was descended from Mose Johnson, an early arrival in the Territory.

During the years of the Dawes Commission, Lewis Johnson who was then the head of the Johnson clan, appeared in front of the commission in 1901. The family lived in the Sequoyah District of the Cherokee Nation, (now Sequoyah County). Lewis Johnson was 50 years old at the time, and at one time he was enslaved by Cherokee Ben Johnson.

He appeared for the purposes of enrolling himself and his sons, James, Sanford, and Lewis Jr. as well as his daughter Louella.

Cherokee Freedman Card #113
Source:
The National Archives at Ft Worth; Ft Worth, Texas, USA; Enrollment Cards for the Five Civilized Tribes, 1898-1914;
NAI Number: 251747; Record Group Title: Records of the Bureau of Indian Affairs; Record Group Number: 75

Source: Same as Above

Color images accessed on Ancestry:Ancestry.com. 

Oklahoma and Indian Territory, Dawes Census Cards for Five Civilized Tribes, 1898-1914 

[database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2014.

The mother of Lewis Johnson's first 3 children was Hester Pope Johnson, and the mother of his last child was Frances Smiley Gunter Johnson his second wife. He pointed out when asked, that both women were non-citizens of the tribe, and it was he who was the Cherokee citizen making the application on behalf of the family.

The Dawes Application PacketThis interview with Lewis Johnson was a straight forward one and their case was without complication. The head of the family Lewis was asked about his past and whether he was a citizen. Of interest to the commissioner was where he was during the Civil War Conflict, and when he returned to the Cherokee Nation after the war. This was an important question, because for many Freedmen, if they returned after 1866 there may have been problems and that was often a line of questioning for Cherokee Freedmen.

Source: National Archives Microfilm Publication M1301
Cherokee Freedman File 113
Image accessed through Fold3.com

Although the wife was not applying for citizenship there was strong interest in the marriage between Lewis and first wife, Hester.  Because J. H. Alexander, was in the vicinity of the hearings he was able to provide a marriage record, hand written, and he recalled performing the marriage several years earlier. He indicated that he personally knew Lewis Johnson, and that he did perform the marriage between Lewis Johnson and Hester Pope. At time of the marriage, J. H. Alexander was serving as clerk of the Sequoyah District, of the Cherokee Nation.

There does not appear to have been any doubt about J. H. Alexander's statement, therefore the document was accepted as an official certificate.

The result was that the family was enrolled without complication.

Acquiring the Land

As enrolled Cherokees, each member of the family was to receive a parcel of land. The Land Allotment jackets reveal more detail about the family and their selection of land. Apparently Lewis Johnson had received land through this process, but he chose to relinquish it, because he had already selected land and was making improvements upon the parcel of land where he had been residing. This was reflected in a second interview. (This interview was found among the records of the Land Allotment process, also on Ancestry.)

Ancestry.com. Oklahoma and Indian Territory, Land Allotment Jackets for Five Civilized Tribes, 1884-1934 

[database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc, 2014.

(same as above)

At the end of the process each land owner received a letter similar to this one sent to Sanford Johnson, one of Lewis's sons.

(same as above)

It might generally be assumed that there is not much more that can be learned about the Johnson family. However, years ago, it was pointed out by Doug Johnson, a descendant of Lewis Johnson, that his ancestor, Mose Johnson had an interesting headstone and it looked as if it was a military stone. After that conversatin, he went to visit the cemetery, and sure enough Mose Johnson did have an interesting headstone.  He shared the information from the stone with me, and it turns out that Mose Johnson, (the father of Lewis Johnson) was a Union Army Civil War soldier. Having been born enslaved--he was a true freedom fighter.

Upon learning of his service, I took a look to see what could be learned about him. It turns out that he served in the 83rd US Colored Infantry, having enlisted in Ft. Scott, Kansas. After enlisting, he served as a nurse in the medical unit of the 2nd Kansas Colored, the original name of the regiment.

His Civil War service is noted and most interestingly, there is additional information to be found on the Johnson family, because Moses Johnson, (known as Mose) also left behind a widow after his death and she filed for and received a Civil War widow's pension.

The family receive payments from the Civil War service of Moses Johnson, in the 83rd US Colored infantry, and the family survived living on the family land allotments for several decades.

The Johnson family now has many branches from coast to coast, and many are now part of other families such as the Davis family clan of western Arkansas, the Waltons also of Western Arkansas, the Dedners of Washington DC, the Moons of Colorado, and many extended parts around the country.

Much more to the family's history can be examined and the story deserves to be told. Mose Johnson's name is also inscribed on the wall of Civil War soldiers at the Civil War African American Memorial in Washington DC.

This Cherokee Freedman family has a rich legacy literally from that of people enslaved, to people empowered. They were freedom fighters, survivors in freedom, and the family still strives to continue its legacy.

* * * * * * * * * *

(This is the 11th article in a series devoted to sharing histories and stories
of families once held as slaves in Indian Territory, now known as Oklahoma. 
The focus is on the Freedmen of the Five Civilized Tribes, are part of a project goal of documenting 52 Families in 52 weeks.)

Color Images of Dawes Cards Now Available!

National Archives Publication M1186, Choctaw Freedmen, Card #777
Sam and Sallie Walton & Family, of Skullyvlle, I. T.

Several months ago, I had a chance to speak with a representative from Ancestry, who shared with me that some good news was going to come out in November for Oklahoma researchers. Well, November has arrived, the good news has now been made public. Ancestry has acquired the Dawes Enrollment Cards, and now has all of them fully scanned in color! Although there are other online sites that contain Dawes cards, this is a treat to see the original image in full color. I was also pleased to learn that all of the cards were scanned in color, including the Freedmen of the Five Tribes.

What makes this special is that with many of the documents originally scanned in black and white, such as that of my gr. grandparents, (see images above and below) the place on the card where some tape was applied, can now be seen. On the black and white scanned image, the tape comes through as a solid black mass, and one cannot see through the faded transparent tape to view the words. (See two images.)

                     

And what also makes having the color images available is that small details now appear more clearly on the card, some of which were a bit hard to see without tweaking the image. It should also be pointed out that there are many cards that had annotations made in different colors. The roll number was actually stamped in blue ink, and now with the color images, that can be seen.

National Archives Publication M1186, Choctaw Freedmen Card #778

Several years ago, I noticed that the first card among Freedmen cards in almost every tribe were often in very poor condition. Some were perhaps in poor condition because of exposure to sun, or had been damaged by some kind of liquid. So I was anxious to see how the new color images appeared with color scanning, so decided to look at Card No. 1, of the Choctaw Freedmen, that of Simon Clark. I know that his card had seen a lot of deterioration, and now with the color image, all of the markings appear much clearer.

Choctaw Freedman Card No.1

National Archives Publication M1186 Choctaw Freedmen Card No. 1

Cherokee Freedman Card No. 1

Cherokee Freedman Card No. 1 is also quite damaged, and the color image provides more opportunity for better analysis. Note the difference between the two, and note how having the color images allows for very faint writing to now be seen.

National Archives Publication M1186, Cherokee Freedman Card No. 1
Color Image

Chickasaw Freedman Card No. 1

National Archives Publication M1186 Chickasaw Freedmen Card No. 1
Color Image

Creek Freedman Card No. 1

National Archives Publication M1186 Creek Freedmen Card No. 1

Color Image

Seminole Freedman Card No. 1

National Archives Publication M1186 Choctaw Freedmen Card No. 1

Color Image

For Seminole Freedman Researchers, it should be noted that there is a slight error in the way that Seminole Freedmen Cards are scanned and labeled

The numbers on the Ancestry index for Seminole Freedmen says 600-699, 

However, when looking at the first seven images, they are actually the very end of the Seminole By Blood cards. With image #8 in that set of cards designated as Freedmen 600-699, the beginning of the Freedmen cards appears on what should be #609. In reality it is Freedman Card #1, that of Ceasar Bowlegs. 

So at first the early numbered cards for Seminole Freedmen might appear to be impossible to find. However, they are there, and are found in the subset erroneously labeled "Seminole Freedmen 600-609."

In all other cases the scanning is accurate, and it is still quite wonderful to see these records now in their original condition! Hopefully for some new data will be extracted previously unknown, or unseen. Having access to these color images, breathes new life into these valuable records!