1991 Boyett Newsletter(C)2000 Boulineau Press
BOYT/E-BOYET/T/E NEWSLETTER
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Vol. VII Number 3 July/Aug/Sept 1991
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Published and edited by Wendy L. Elliott, 4808 E. Garland St. Anaheim, CA
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TABLE OF CONTENTS
Texas General Land Office Records..... 2
Additions and Corrections .............3
Barzilla Green ........... . . . . . . 4
Lawrence Co., MS Marriage Records .... 5
TX Confederate Pension Applications....6
Delilah (WATTS) BOYETT ................8
Two NC Revolutionary War Vouchers .....16
Johnston Co., NC BOYETTES..............17
NC Revolutionary War Voucher...........20
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Continued from Vol. VII, No. 2, p.2:
TEXAS GENERAL LAND OFFICE
The following documents are on file in the Archives and Records Division of the Texas General Land Office. Photostatic copies of each are available for the indicated fee:
NAME OF ORIGINAL GRANTEE: Charity BOYETTE File # Rusk-3-532:
1. Settler's Certificate $5.00 (Dated 11 Feb 1857 Rusk Co., a
settler on vacant land, shows mark of Charity BOYETT.)
2. Field Notes $5.00 (Description of the metes and bounds of 70
acres in Nacogdoches Co and 90 acres in Rusk Co., surveyed 20 Feb
1855.)
3. Patent $5.00 (Final title issued 25 Aug 1859, Patent 21, Vol.27.
Chain carriers when land was surveyed were Jefferson BOYETT and
Green B. BOYETT.)
NAME OF ORIGINAL GRANTEE: Jefferson BOYETT File # Rusk-3-543:
1. Settler's Certificate $5.00 (11 Feb 1857 Rusk Co., a settler
on vacant land, shows mark of Jefferson BOYETT.)
2. Field Notes $10.00 (Description of the metes and bounds of 160
acres in Rusk Co., surveyed 22 Feb 1858.)
3. Patent $5.00 (Final title issued 7 Jan 1860, Patent 562 Vol
27.)
NAME OF ORIGINAL GRANTEE: Nathan L. BOYETT File # Milam-S-592:
1. Settler's Affidavit $5.00 (4 June 1860 Burleson Co. Nathan L.
BOYETT, settler on and improving vacant land; shows his mark.)
2. Survey Application $5.00 (4 June 1860 Burleson Co. applies for
survey by virtue of his settlement, shows mark of N. L. BOYETT.)
3. Field Notes $5.00 (Description of the metes and bounds of 160
acres in Burleson Co., surveyed 4 June 1860.)
4. Patent $5.00 (Final title issued 8 July 1862 Patent 585 Vol 7)
NAME OF ORIGINAL GRANTEE: Thomas BOYETT File # Bexar-P-512:
1. Field Notes $5.00 (Description of the metes and bounds of 160
acres in Atascosa Co., surveyed 13 Feb 1868.)
2. Affidavit and Designation $5.00 (2 Sept 1873 Atascosa Co., land
in public domain which was vacant is settled.)
3. Certificate of Occupancy $10.00 (15 Oct 1674, Atascosa Co.,
has occupied and improved land as a homestead for three consecutive
years beginning 11 Nov 1870, the head of family, signed Thomas
BOYETT.)
4. Patent $5.00 (Final title issued 10 Apr 1875 Patent 475 Vol 2.)
Editor's Note: If anyone orders one or more of the above described files, please share the information with Newsletter readers.
Send in the enclosed card to continue receiving The Forum.
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Additions and corrections submitted by Paul W. Cook, 105 Cranford Avenue, Cranford, NJ 07016:
In the issue which included Paul's genealogical data, Vol. VI, No. 3, p. 5 at top "Stephen9" should read “Stephen8.” There is an error on p. 15, this concerns Elizabeth the second wife of Joseph
W. BOYETT, bearing a children when she was nine years old. Clearly Etta and Purlis are children of the first wife. With the lack of the 1890 U.S. Census, Nettie is the first child that is known to be a child of the second wife.
In going over the issue, which was devoted to the Mississippi BOYT/BOYETT families, (Vol. III, No. 3] Paul notes that the "data has almost no mention of Isaac, the father of Evan and whichever of the others were Evan's brothers. That Isaac was the father of Evan rests specifically and solely upon the IGI." [International Genealogical Index compiled by The Church of Jesus Christ of Latter Day Saints headquartered in Salt Lake City, Utah]
Paul adds, that the Mississippi material implies that Amos may have been the father. Editor's note: Amos Jr. of Wayne Co., NC ties into the descendants of Thomas BOYET/BOYTE of early Wayne Co., and Thomas is most likely the descendant of Thomas BOYT/BOYTE who patented land in Nansemond Co., VA in 1697.
He notes that on p. 4 it states that Charles Galloway BOYETTE m. Allie WORD, daughter of Simeon W. WORD. Paul adds, "For the relevance of WORD, see page 7. Mary WORD, born in Georgia in 1618 was the wife of Obadiah MAKARNSON and the mother of Elizabeth Emmaline, the first wife of Stephen BOYETT, and of Jane V., the wife of Elias BOYETT."
Volume III, No. 3, p. 9: Ezekiel William BOYETT, (see also: Vol. VI, No. 3, p. 12]. There is agreement between these two entries that Ezekiel was born in 1829, but the first cited Tennessee as his place of birth, while the later gives it as Mississippi. Paul comments, that "That alone is important as I believe his father never lived in Tennessee. He (Ezekiel] is living with his parents in 1850, Roll 368, Family 302. He is 21. I didn't pick him up in 1860, although I am not saying he isn't there. In 1870, on page
118, Family 3, he is the only white living with a family of blacks, but the wealth is his. He is 40. In 1880 he is 51, living with a servant, Fannie HUDSON (10 years old) Vol 2, E.D. 18, Sheet 57, Line 17. He died on October 29, 1887 and I have seen his solitary grave at Sallis. Not, I think, the man who was born in Tennessee,
(continued on page four)
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(continued from page three)
married Martha Harrell, had six children and went to San Saba, Texas."
Re: Vol. III, No. 3, p. 38--"...Frances SMITH who married Mr. Chancellor as the daughter of Curtis BOYETT SMITH, son of David Pearson SMITH and his first wife. I have her as the daughter of Dr. Sallis F. SMITH, son of David Pearson SMITH and his second wife... your information seems to come from the DAR records, mine from A Place Called Sallis, neither an impressively primary source. However, the DARs have Dr. SMITH, a prominent citizen of Attala County, as a daughter, Sallie F. SMITH."
Paul adds, "the mother of Millie WALLACE who married Evan BOYETT is said by Jesse Fedrick to be NOBLES."
Taken from The Green Family. No. 1. The Descendants of Barzilla
Green and Susan Elizabeth BOYT, 1971 by William ARDIS and Joan
LOWREY. No page number. Submitted by Sue Carter Glenn,
Shreveport, LA, (capitalization of surnames and boldface type added
for emphasis]:
BARZILLA GREEN
Barzilla GREEN was born 2 June 1826 in Lawrence Co., Miss. He was the son of John GREEN and Elizabeth WROTEN. They lived near Brookhaven, which now lies in Lincoln Co. He married on 21 Oct 1844 Susan Elizabeth BOYT. Barzilla was 18 at the time, and Susan was six days short of being 13. They had a double wedding with Barzilla's sister, Elizabeth GREEN, who married Thomas C. BOYT, presumably Susan's brother.
The names of the parents of Susan Elizabeth BOYT and Thomas BOYT are unknown. Their mother was married three times: to a Mr. BURNS, a Mr. WALLIS, and Mr. BOYT. She had a son by Mr. WALLIS, a son Johnny BURNS, and four BOYT children: Thomas BOYT, born about 1824; Monk BOYT; Susan Elizabeth BOYT, born 27 Oct 1831; and Ellis BOYT, born about 1840. All the children were born in Mississippi. Ellis BOYT lived his whole life in Brookhaven, Miss. and died at the age of 103.
About 1847, John GREEN and his wife, Elizabeth WROTEN, decided
to move to Claiborne Parish, Louisiana. All of their children went with them, with the exception of their oldest son, Wiley GREEN. Barzilla and Susan GREEN had one child at this time, Henry W. GREEN, born 18 Jan 1846.
(continued on page five)
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(continued from page four)
From the recollections of Mrs. Carl (Minnie Gee GREEN) PENDLETON of Idabel, Oklahoma, daughter of Wiley B. GREEN, and granddaughter of Barzilla and Susan GREEN:
“I do not remember my grandfather very well as I was only eight years old when he passed away. He was a very quiet
person. I understand he was a very strict father. He required each son to say grace at the table when he got to be twelve years old, and it was his turn each meal until the next one reached twelve.
He was not a dirt farmer. He was a stock farmer is why he picked the location he did. He loved good horses and raised lots of pigs. He and grandma were good dancers and were invited to dance at weddings, and once when grandma was expecting one of her babies and could not go to the wedding, Grandpa was called on to be best man at the wedding and he was going to oblige. Grandma got his white suit ready for him to wear and when he straddled his horse the pants ripped in the stride and grandma sewed them up and he went on after griping and saying it was the last time he would serve as he had gotten too big for his breeches.
The boys of Barzilla and Susan Elizabeth all had nicknames. Henry was Cap. Moses was Mike. Francis Marion was Cade. George was Unkle. Jasper was Knox. Papa Wiley B. was Mitch. Uncle Jim was FOOT. John was Scratch. Jesse was Mink. Aunt Hester was called Flax and Lizzie was Tip....
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Also submitted by Sue Carter Glenn:
LAWRENCE COUNTY, MISSISSIPPI
SELECTED MARRIAGE RECORDS
GREEN, Barzel and Susan BOYT 21 Oct 1844 Bk 2, p. 468.
BOYT, Thomas C. and Elizabeth GREEN 21 Oct 1844 Bk 2, pg 467.
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Report of the Adjutant General of the State of Kentucky
Volume II (Confederate)
p. 166
BOYOTTE, John R., private mustered in 4 October 1861 at Bowling
Green, KY. Killed at Baton Rouge, LA on 5 August 1862.
Volume I
p. 395
BOYD, William, private enrolled 15 August 1862, mustered in 6 October 1862 at Paducah, KY for 1 year. Mustered out6 October 1963 at Paducah, KY. Served Co. B, 15th KY Volunteers, Calvary.
[Editor's Note: This may be William BOYETT, son of Eli BOYETT, of Gibson Co., TN, who served-Union army-under the surname BOYD.
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TEXAS CONFEDERATE PENSION APPLICATIONS
(submitted with an 1880 U.S. Census abstract by Luteen Carroll)
San Augustine Co., TX (94:77:01:60)
Name Rel. Birthdate Age Place of Birth
BOYET, William Feb 1831 69 Alabama
San Augustine CO., TX (94:77:1:60)
BOYET, John E. Sept 1854 46 Mississippi
Ollive wife Sept 1867 33 Texas
William E. son Nov 1887 13 Texas
Mary E. dau Mar 1890 10 Texas
Winnie E. dau Sept 1892 7 Texas
Joseph L. son Feb 1895 5 Texas
Lillie M. dau Dec 1897 2 Texas (twin)
Lillie D. dau Dec 1897 2 Texas (twin)
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Confederate Pension Application
(handwritten answers are noted herein with boldface type)
Application of Indigent Soldier or Sailor of the late Confederacy for pensionunder the Act of May 12, 1899.
Name William BOYET age 68 years Co. of residence San Augustine
Length of Residence and P.O. 35 Years ?Swanville? San Augustine
County, Texas
Applied for pension previously? No I have not
Occupation? I am unable to do anutjing but was a farmer
Physical condition? very feeble
What caused condition? Do not know
What Company and Regiment of Confederate Army? Co E 19 Texas
Infantry from 3rd July 1864 to close of the War Between the States
Received any other pension? No None
What rel and personal property do you now own? None Real or
personal.
What have you sold? Value? Have had none ( 3 words illegible)
Income? None
Are you in indigent circumstances? I am
Unable to labor? I am
Transferred property? I have not
Did you desert the Confederacy? No.
Have you been a bond fide resident of Texas? I have
Signed William BOYET date 21st day of Sebt (sic) 1899
| Leoo. Bierhalter County Judge San Augustine Co., TX |
(continued on page seven)
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(continued from page six)
This document is followed by an Affidavit of Witnesses which shows
that Rufus PRICE and James C. ANDERSON personally knew William
BOYET and vouched for his Confederate service. This is dated 29
Sebt (sic) 1899
AFFIDAVIT OF PHYSICIAN
San Augustine County
G. M. SMITH...practicing physician of this County...has carefully and thoroughly examined William BOYET....... disabilities which render him unable to labor at any work or calling sufficient to earn a support for himself: Organic Heart disease - Cirrhosis of Liver -Enlarges Prostate gland, producing so called tank Bladder with
Chronic Cystitis G. N. SMITH M.D.
13 February 1900
CERTIFICATE OF COUNTY JUDGE
San Augustine Co. Leo. Bierhalter 21 September 1899.. heard the application of William BOYET for a pension...San Augustine this 17th day of February A.D. 1900...
Another document is signed by the County Commissioners.
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WIDOWS' APPLICATION FOR PENSION
Form B #20827 Stamped across top: DEAD
Mrs. N. E. BOYETT WISE County Postoffice Decatur Filed Mar 1912
Approved June 26th 1912 Pension Allowed Sept 1th 1912 Written
across top of file cover: Dead 11-17-28
A letter to the Adjutant General's Office, Washington, is dated 19 Mar 1912. It is addressed to the Commissioner of Pensions, State of Texas, Austin and reads as follows:
The records show that James E. BOYETT, 2d sergeant, Company H, 47th Tennessee Infantry, Confederate States Army, enlisted December 3, 1861, and that he was captured December 17, 1864, at Franklin, Tennessee, and released June 16, 1865, at Louisville, Kentucky, on taking the oath of allegiance.
Accompanying this letter is a copy of the request from the Office of Commissioner of Pensions State of Texas Austin which adds that James E. BOYETT, who is reported to have enlisted in Company "K", Regiment 47th Tenn. Cheathams Div. Infantry.
(continued on page eight)
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(continued from page seven)
Form B
For Use of Widows of Soldiers Who are in Indigent Circumstances The State of Texas County of Wise
I, Mrs M. E. BOYETT, do hereby make application... I am the widow of James B. BOYETT, deceased, who departed this life on the 7 day of March, A.D. 1911, in the county of Wise...
I have not remarried.. .1 was married to him on the 16 day of Feb. A.D. 1868 in the county of Obion, in the state of Tenn,...
My husband, the said James E. BOYETT enlisted... I have been a resident of the State of Texas since prior to March 1, 1880.... Age: 71 years
Born: Henderson Co. Tenn
resided in Texas: since 73
resided in county of present residence and postoffice: came to Wise
1885 Decatur P.O.
Husband's full name: James Eligh BOYETT
His death date: March 7th 1911
Where was his command originally organized? Tenn.
How long did he serve? Give dates: Enlisted in 61 served to close of war.
Company, etc.: Company K. Cheathams Dis 47th Tenn Req.
Branch of service: Infantry
Signed: M. E. BOYETT
Dated: 11 March 1912 and signed by E.M. ALLISON, County Judge
========================
From a recently released publication comes a history of the claims of Indian heritage of Delilah (WATTS) BOYETT and other members of the WATTS family and her BOYETT descendants. The following is abtracted from:
Nancy Hope Sober. The Intruders: The Illegal Residents of the Cherokee Nation. 1866-1907. (Ponca City, Okla.: Cherokee Books, 1991), pp. 66-82.
The Watts family, claiming to be Cherokees by blood, became the nucleus of an organization of citizenship claimants that eventually numbered several thousand members and persistently fought for admission to Cherokee citizenship. Because they had been residents of the State of Arkansas for several years before entering the Cherokee Nation, the tribe considered them to be United States citizens and refused to admit them to citizenship.
William Jefferson Watts, often referred to as W. J. or Jeff Watts, was the best known of the intruders in the Cherokee Nation. He first made claim to Cherokee citizenship in 1871 under the provisions of a Cherokee law passed on 18 November 1870 that invited North Carolina Cherokees to relocate in the Cherokee Nation provided they moved at their own expense. No rights accrued to these Indians until they
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had settled permanently in the Nation. The law also required 'all such Cherokees' to appear before the chief justice of the Cherokee supreme within two months after their arrival and give satisfactory proof of their Cherokee blood. The chief justice was required to report information on 'all persons admitted by him to be entitled to Cherokee citizenship and.. persons denied the right of Cherokee citizenship' to the National council when it met in regular session in November of each year. on 22 November 1871, the National council amended the 1870 law by limiting the authority of the chief justice to the hearing of petitions and the taking of evidence from climants. Watts' application was made in November 1871 before Chief Justice John S. Vann of the Cherokee supreme court.... 9
Since the National council had voted unanimously to deny admission to the Watts family, [Chief William P.] Ross was compelled by law to ask for their removal and it became the duty of the sheriff to sell their improvements just as improvements of other intruders had been sold. The Watts family involved, Ross wrote, 'pretensions to Cherokee citizenship.. .by 80 to 100 persons who by blood, birth and residence, are citizens of the United States,..." The chief renewed his request for removal. However, onl7July, the commissioner instructed Ingalls to see that the Wattses were not dispossessed by Cherokee authorities....
Inspector Watkins made his report in February 1876, he reviewed some of the citizenship cases then pending. He stated that there was 'abundant proof’ of the kinship of the Watts family with the North Carolina Cherokees but that these people had lived in Arkansas for a number of years before coming to the Cherokee Nation. The real question, he believed, was whether 'having a slight sprinkling of Cherokee blood' and having resided in the states for a number of years, they should now be able to claim rights as Cherokee citizens. The National council had denied citizenship to the Watts clan based on the current constitution and tribal law dating back as far as 1817.10
Watts was arrested for operating a store in the Nation without a license in 1877... Watts family.. .Sequoyah
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9Pamphlet entitled Cherokee Citizenship and a Brief History of
Internal Affairs in the Cherokee Nation with Records and Acts of
the National Council from 1871 to Date by W. J. Watts, v.47,
Library, OHS (hereinafter cited as W. J. Watts, Brief History of
Cherokee Citizenship); Law passed 18 November 1870, NARG 75,
M234/104/1029-30; Law passed 22 Nov. 1871, Microfilm No. 2161,
Library, OHS.
10Ingalls to Smith, 6Aug. 1875, NARG 75, BIA-E102, S. C. 59,
1875,(1024/1465: Report of E.C. Watkins to SMith, 15 Feb. 1876, NARG 75,BIA-E577, 1877-W244.
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district.. .37 families unlawfully living in the distsrict whose claims to Cherokee citizenship were based upon kinship to Jeff (William Jefferson), Solomon and Marion Watts... The claims of W.J. Watts, Solomon Watts and Marion Watts had been denied. A. J. Watts, William Watts and Mack Watts did not appear and, therefore lost by default. Phillips asked for removal of the parties named but if the federal government wished to inquire further in the cases, he wanted the Union agent instructed to notify the parties that 'they must not cut, use, dispose. of, or ship out any timber or other property of the Cherokee Nation or its people' and that, until their claims were adjudicated, they were forbidden to engage in trading or merchandising, operating of sawmills, erecting buildings, or 'in any manner...to use or abuse' tribal property....
The case of Malachi Watts had been made a test case.... Any crime committed by their claimants.. was unpunished because the federal court at Fort Smith had not jurisdiction over a person who furnishes proof that he is a Cherokee, whether that proof is valid or not, and tribal court refuses to try him because the Cherokee authorities deny that he is Cherokee....
In (Muldrow].. [in] Sequoyah District... A 'town committee' made up of three men, all professing to be Cherokee citizens, negotiated with two other alleged Cherokee citizens for the purchase of eight acres 'lying along and situated on both sides of the (Arkansas Valley Valley] railroad.' Small building lots were laid out and offered for sale. Watts bought two lots and put up a store. His sister, Delila Watts Boyett, bought a lot and build a four-room cottage.. the land involved was not part of the Cherokee public domain...(All land in the Nation was the common property of the Cherokee people and not subject to purchase or sale.) Watts and his sister moved into their buildings in May or June 1888 and occupied them without 'hindrance, objection or molestation from the Cherokee authorities' until the third Monday in September. On that date, Union Agent Robert L Owen alledgedly ordered the properties sold with possession promised to the purchaser upon the eviction of Watts and Mrs. Boyett. Watts claimed to have prepared a statement 'showing in detail that the said townsite of Muldrow and the lots of myself and Mrs. Boyett were not on the Cherokee public domain.'... Indian police (were dispatched] to notify him and his sister to vacate within five days. Watts and Mrs. Boyett refused to yeild and, on 15 December, two members of the Indian police, the sheriff of Sequoyah District, and 'several others,' all armed with revolvers and rifles, 'proceeded to take up violently the household goods and belongings of Mrs. Boyett and carry them out into the street. According to Watts, the policement demanded Mrs. Boyett's house keys but she refused and the policemen drew their guns, forced everyone from the house, and 'nailed up the outside doors.’... Watts.. .sold his merchandise and turned the building over to the Indian
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police....
A year later the case was heard by the United States Attorney General who ruled that the Cherokee law of 1870 was valid, conclusive, final, and there was nothing to review. Therefore those who had been admitted to citizenship by the chief justice were "citizens of the Cherokee Nation." Sober's narrative continues:
When Watts returned from Washington, the property seized by the Cherokee authorities was restored to him and his family. However, the Cherokee delegation then in Washington with Chief Joel B. Mayes called on the attorney general and declared that Watts and his attorneys had 'taken undue advantage of the Cherokee delegation' by demanding an immdediate opinion. The Cherokees claimed that the Watts family had not been admitted under the Cherokee law of 18 November 1870 but had come into the Nation two years later and applied to the chief justice of the Cherokee supreme court after his authority had been restricted by an amendment to the 1870 law dated 7 December 1871. A protest by the Indian delegation persuaded the secretary to reopen the Watts case and send an investigator to the Nation to ascertain the true facts in the case. Mayes wrote to President Harrison on 13 May 1889, asking specifically for the removal of Watts and his relatives. Secretary Vilas ordered their removal. Watts told the commissioner that he had been admitted in 1870 and 'had lost his papers showing this fact.' As a consequence, the commissioner reversed the order for his removal and permitted this large group of intruders to remain. Hayes had filed documents with the department that, he said, proved 'conclusively that Watts had practiced deception' on Commissioner Oberly. ... Watts had never been admitted to Cherokee citizenship but had been rejected repeatedly, Hayes stated. Watt's presence in the Nation 'encouraged intrusion form all other persons who were disposed' to trespass....
A special investigator was finally appointed by the Acting Commissioner to determine when the Watts entered the Nation, when they applied for citizenship, and whether or not the "records in this case could he found, and if they had been destroyed, then when, how, and by whom." The investigation found that records had been purposefully altered, contained four errors, and had been mislaid. He reported that all papers, except for those concerning the Watts case, had been restored to the executive office files. But he did not doubt the Watts' claim that they had Cherokee blood.
As related in Sober's work, Watts completed a pamphlet which contained "a sketch of the life of Malachi Watts, father of William Jefferson Watts ands 11 other children of two marriages."
[Malachi] Watts was reportedly born in Georgia about 1790.
He moved to western Tennessee about 1820 and lived in Gibson
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County until 1853. That year the family moved west, 'aiming to come to the Cherokee Nation, but they stopped in Johnson County, Arkansas, where they resided until January 1871." According to the author of the sketch, Malachi was 'a Cherokee and spoke the language fluently’ and was known as 'the best trader in West Tennessee....
Watts included a variety of other documents intended to prove the rights of claimants to Cherokee citizenship with its accompanying monetary and property privileges.... Through the years other information concerning Watts's claim emerged.... During Watts's trial a great mass of evidence was presented; much of it inadmissible. Affidavits from deceased persons, including one from Malachi Watts, were offered. Thomas Ragsdale, a slave in the Cherokee Nation before removal, testified in Watts's behalf but Ragsdale's daughter refuted his statements, saying that Ragsdale had been offered money and that he was not very truthful. Malachi Watts was described int estimony as looking like a 'half-breed Cherokee.' George Still and a man named Robbins swore that Malachi Watts was a white man who lived outside the Cherokee Nation in the southeastern United States but often visited within the Nation. Mrs. Paris, a Cherokee witness called by the tribe, claimed that she had known the Watts family before the removal and that none of them claimed to be Cherokees. All of the witnesses claimed to have known Malachi Watts. The attorney for the Cherokee Nation charged that W J. Watts had 'secured the friendship of Judge Vann' to obtain his citizenship. The case was decided against Watts on 23 August
1878.11...
On 18 October 1880, William A. Phillips, special agent and attorney for the Cherokee Nation, gave additional information concerning the Watts family in his letter to Assistant Attorney General Joseph K. McCammon. Phillips stated that Malachi Watts 'lived just outside the limits of the Old Nation in the State of Georgia.' For nearly 50 years Malachi Watts had traveled as a peddler among the Cherokees and on one occasion worked as a laborer under a permit, staying a year or two in the Nation. He married a French woman and neither he nor his sons were ever married to Cherokee women. His name was not on the census roll of the tribe made at the time of the removal in 1838-39 nor on the rolls made after the Treaty of 1846. According to Phillips, the Watts family members seeking citizenship in the Cherokee Nation in the Indian Territory did not claim kinship with any of the persons on the census rolls, nor was there any evidence
________________________________________
11Edward P. Smith to Ingalls, 30 Jan. 1875, NARG 75,
M234/865/589-91; John Q. Smith to Thompson, 8 Dec. 1876, Cherokee
Intruders (Tahlequah) File, 1859-1877; John Q. Smith to Chandler,
6 Feb. 1877, NARG 75, M348/28/512-18, Cherokee Advocate, 7 Sept.
1878, NARG 75, M234/869/339-43.
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that they received per capita payments as Cherokee citizens. Malachi Watts did not emigrate with the Cherokees but, many years later, moved with his family to Clarksville, Arkansas, where he lived for the rest of his life 'without pretending to claim Cherokee citizenship.' Phillips gave what he termed a 'very modest estimate' of 'a per capita interest in the funds and lands' of the Cherokees and set this figure at $800 to $1,000. He described 'bogus' citizenship claimants as 'persons who have not the slightest basis for a claim to citizenship, or a particle of evidence to sustain it, and of this character is this Watts case.' If admitted to citizenship, Phillips estimated that three of the Watts families, aggregating some 40 individuals, would 'obtain nearly $30,000' in property. Watts had already taken advantage of every opportunity to make money. In the fall of 1874 he had 'opened a road from Fort Smith to Fort Gibson and Muskogee with a good boat and able hands at Watts Ferry across the Arkansas River.' He eventually held 'six different farms and twelve business and dwelling houses,' all in or near Muldrow. For many years he operated a 'big store' in his community.1
In August 1888 the sheriff in Sequoyah District was preparing to sell the improvements of Watts and others because they had been declared intruders again. In an effort to continue his residence in the Nation, Watts repeated to the commissioner his claim of having been admitted to citizenship in the Nation in 1871 by Chief Justice Vann. By this date, Watts and his followers had been rejected as citizens by the National council and several citizenship courts. Even though Watts's claim of admission in 1871 was not valid because the 1870 law related specifically to North Carolina Cherokees and his name, or the names of any of his ancestors, did not appear on the official rolls of the tribe, Attorney General Garland ruled that decisions made by Vann were conclusive and could not be reviewed or overturned by subsequent courts. Watts had managed to delay his eviction one more time.13
The Cherokee Indian Citizenship Association began the publishing of The Muldrow Register, a newspaper by and for intruders, in 1892. According to Sober, "As of 8 April 1893, W.
___________________________________________________
12Phillips to McCammon, 18 Oct. 1880, NARG 75, BIA-E, S. C. 59,
1887-11258; Cherokee Advocate. 19 Dec. 1874; Final Report of the
U.S. Board of Appraisers of the Improvements of Intruders in the
Cherokee Nation. NARG 75, BIA-E411, Intruders, 33008 and 12562,
1895.
13Marcum to Mayes, 12 Aug 1888, Cherokee Intruders (Tahlequah)
File, 1888, Indian Archives, OHS; Garland to Secretary (Attorney
General's opinion), 23 Jan 1889; Oberly to Owen, 4 Feb. 1889, and
Hayes to Noble, 13 May l'889, NARG 75 L-13797-1889.
14
J. Watts was serving as postmaster at Muldrow, a community populated almost entirely by intruders.”14 She continues:
In March 1893, when the federal government approved the agreement with the tribe providing for the sale of the Cherokee Outlet, it required the Cherokees to pay for intruder improvements where occupancy had begun prior to 11 August 1886. Several of the Watts families appeared before the board of appraisers. W.J. Watts, Sr., was shown to have six farms and 12 business and dwelling houses. Two of the farms had been acquired prior to 11 August 1886 and for these he was awarded $2,448.40. The appraisers disallowed Watts's other improvements at Mu1drow but the 'Great Interloper' was not disheartened nor did he vacate any of the properties....
The Watts claim was first denied by a formal citizenship tribunal on 23 August 1878. Again and again, in later years, the case was heard and denied. When the Dawes Commission took the responsiblity of deciding Cherokee citizenship, the Watts clam applied once more.... On 9 September 1896, William J. Watts, as principal claimant, filed for 'himself and children and sixty-four other families, the whole number of persons embraced in the application being in the neighborhood of 300 individuals.'(these names and relationships are listed an appendix in the book] The case was heard and denied on 22 November 1896 and Watts appealed to the federal court....
Many of the same documents were filed by Watts and the Cherokee Nation in this appellate case. Other documents were also submitted by the Cherokee as additional evidence against Watts' claim.
The Nation also presented copies of receipts from Matesha Watts, W. D. Blackard, Thomas Y. Hope, John Day, Henry H. Patterson, T. H. Blackard, Thomas F. Watts, John A. Bayette (sic), Alfred J. Watts, Marion J. Watts, Charles SHermer, George M. Nichols, William J. Watts, James Sherman (sic), and Jacob H. Neal, dated 4 October 1895 and later dates, acknowledging 'full payment for improvements' of persons declared to be intruders in the Cherokee Nation....
Gibson's report confirmed that the claimants were descended from Malachi Watts and his brothers, whose father and grandfather, Garrett Watts and John Watts, respectively, 'were Cherokee Indians by Blood.' He also found that in November 1871 W. J. Watts made application to Judge John S. Vann, asking that Malachi Watts and his descendants be admitted to citizenship in the Cherokee Nation; that Malachi Watts brought his family to Clarksville, Arkansas, from the State of Tennessee 'at an early day;' that W. J. Watts and his
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14Indian Chieftain, 8 Oct 1891; Cherokee Advocate, 26 Oct 1892, and 8 Apr 1893.
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brother-in-law Jacob Mabray, were the only family members living in the Cherokee Nation in November 1871; that on 12 November 1871, Judge Vann 'passed favorably' on the application and 'ruled that the claimants should be admitted' to citizenship. Vann thereafter reported his action to the Cherokee senate, where it was referred to the committee on foreign relations. After being returned by that committee, Gibson stated that 'no further action seems to have been taken' in the case. The Watts claimants continued settling in the Nation and began exercising the rights of Cherokee citizenship15...
However, (Judge Gibson] stated that 'the proof does not show that the claimants were North Carolina Cherokees, or that they were ever enrolled as citizens of the Cherokee Nation
The attorney for the Cherokees charged that there was no proof that the ancestors of the claimants were citizens of the Cherokee Nation or
...ever were recognized as Indians by the tribe, or ever lived as Indians among the Cherokees, the evidence being solely derived from the statement of the parties themselves, and from witnesses who testitfied solely as to their personal appearance, their resemblance to Indians, and their being considered Indians by the white people among whom they resided.
The Cherokees also denied that Watts's application had been approved by Judge Vann on 12 November 1871.... In examining the claim that W. J. Watts and the others were admitted to citizenship by Judge Vann, the court conceded this claim was true 'although there is a very grave doubt in the mind of the court upon this point.’..
If...Chief Justice Vann did on the 12th day of November 1871 enroll Malachi Watts and his descendants as citizens of the Cherokee Nation, such enrollment was made without any authority from the Cherokee Nation. He (Vann) was not clothed with any authority to make it, and his acts in that respect are null and void.
Malachi Watts and his offspring were citizens of the United States and if their Cherokee blood had ever entitled them to citizenship in the Cherokee Nation, they had forfeited that citizenship when they became citizens of the State of Arkansas. This verdict upheld the decision made on 23 August 1878 by the Chambers citizenship court, which rejected the applications of the Watts families..e The decision of the Dawes Commission was affirmed and the applications of the claimants to be enrolled as citizens of the Cherokee Nation denied. On
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15Opinionof Judge William M. Springer in Report of the Commission to the Five Civilized Tribes 1899. 133-47.
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24 January 1698, W. J. Watts filed a motion for rehearing, which was also denied.... Some time prior to 27 September 1897 watts moved to Wagoner in the Creek Nation, where he speculated in the land of that tribe. After two years he returned to Muldrow, where he died 7 November 1904. He is buried in the Camp Creek cemetery there.16
Appendix A of this work includes names and relationships of all the Watts and BOYETT claimants. John A. BOYETT and Delilah BOYETT(estate of) are listed in Appendix B (data for 1895).
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16Notes and Documents, “A Cherokee Advocate of Statehood," Chronicles of Oklahoma 32 (Winter 1954-55); 434.
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JOHNSTON COUNTY, NORTH CAROLINA BOYETTES
From several sources identified herein is data concerning a Johnston County, North Carolina family. All information in boldface type was obtained in the military service file and published military pension application papers.
George BOYETT b. about 1770 in Johnston Co., NC. The 1850 U.S. Census for Johnston County shows that he was 80 yrs of age and his wife, Tamsey was age 73. They were living with Larkin G. BOYETT, age 30, a farmer. George's will was written 10 Aug 1844 and probated in Johnston Co., NC during November term 1852 (Johnston Co., NC Will Book, p. 659.)
George married Tamsey O'NEAL, born 1776 of Edgecombe Co., NC. She probably died after 1850 and before 1860 as she is not listed in the 1860 census for Johnston County. According to the military records, Tamsey, was daughter of Patrick O/NEAL and Mary Rodgers or Rogers.
Their children have been indentified as Penelope5 Cally, Larry, Garry, James, Martha, Larkin G., and George. A record sent to the editory by Ann Berryman in 1985 shows that James BOYETT, born 11 Aug 1806, was listed in the "James Boyette Family Bible” but no other information was provided about this source. Note: Larking (sic) BOYETTE, b. 11 Jan 1820 and d. 12 Feb 1901 was buried in Larking Cemetery, Beulah twp., Johnston Co., NC (as shown in published cem rec--see below)
Their son, George, was listed as such in the military service record. His birth was calculated as 1808 and he lived in Johnston County, NC at the time the record was made.
Their children married as follows: Penelope m. a HICKS. Cally m. a JONES. Larry m. Piety WILLIAMSON on 12 Feb 1839 in Nash Co., NC (Marr. Bonds p. 20); Garry m. Temperance BOYKIN on 9 March 1835 in Nash Co., NC (Marr Bonds, p. 20). James m. Sidney WILLIAMSON on 1 March 1832 as recorded in this same James BOYETTE family Bible. Larkin G. m. Chloe BAGLEY between 1850 and 1858. They had eleven children. George m. Carisa or Cuzzy WATSON 25 Dec 1827 in Johnston CO., NC. Piety and Sidney WILLIAMSON were daughters of Thomas and Keziah.
Cemetery Records of Johnston County by Johnston County Genealogical Society compiled by Edna Alford Caudill, volume 1, p.42 shows that Choloe A. BOYETTE, b. 3 Apr 1836 d. 13 Mar 1896. Larkin's dates are cited above, and they are buried in the same cemetery along with several other, but later BOYETTEs.
From a compilation taken from the 1850 U.S. Census of Johnston Co., NC, it can bee seen that there were several BOYKIN families there
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as well as Garry BOYT, George BOYTT, Isaac BOYTT, and Larkin Ge BOYTT and families (pp. 9-10).
A family group record in the Genealogical Society of Utah Archives lists Joseph BOYET, b. 1830 in Johnston Co., NC as the son of George BOYET and Carisa or Cuzzy WATSON. Joseph was m. 11 Dec 1853 in Johnston Co., NC to Larkey BRYANT who was b. abt 1832 in Johnston Co., NC. This record was submitted by Clarence TYNDALL, 709 N. 7th East Provo, Utah some time before 4 Oct 1954. The only source of information is cited as “Johnston Co., NC Marr rec."
This relationship is established by the 1850 U.S. Census of Johnston Co., NC which shows that Joseph, age 20, was still living with his parents in 1850.
A letter from Ann Berryman notes that she received from Margaret Lee, at the Johnston County Room, (Genealogy Section) of the Jonston County Library in Smithfield items concerning the BOYETTE slave house and family. Ann also noted that George BOYEET (husband of Tamsey) and Joseph BOYETT (husband of Sally) left wills in Johnston County. Her source is cited as Will Book 1, p. 538 Johnston Co., NC Will Abstracts 1825-1870 Vol. II.
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Isaac BOYTT b. about 1798 in NC has been identified (no proof supplied) as the son of Joseph BOYETT. He md. (1) Elizabeth who was twenty years his minor about 1838. Whether or not it is the same, an Isaac BOYETT md. Martha WOMBLE on 23 Feb 1854 in Nash Co., NC.
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My own research shows that Joseph BOYETT, b. abt 1770 of Johnston Co., NC served on a jury there in 1807. His deeds were proven in court in Johnston County in 1810; these deeds were for land purchased from Jonathan EVANS and~Isaac KEEN. The 1810 U.S. Census for Johnston County (p. 283) indicates that Joseph and wife had eight children at that time. Joseph and wife were both born between 1765 and 1784. Their oldest children were three girls born between 1794 and 1800. There wee also four sons and another daughter born between 1800 and 1810.
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Ted LUCAS, 2543 Sherwood Ave, Charlotte, NC 28207 sent the following data:
Joseph BOYETTE of Smithfield,' Johnston Co., NC md. Larkie JONES
Their children were: Durham b. abt 1850, Edward, Addie , McRae who
| m. Loubertia, and Monticello who was b. 1863 and m. Henry Daniel |
LUCAS.
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The 1850 U.S. Census of Johnston County, North Carolina lists the following BOYETTEs:
57 BOYT, Garry 34 b. NC. farmer
| “ Pomacy 4 b. NC (female) |
| “ Grizza A. 3 b. NC (female) |
BROWN, Edward 15 mulatto farmer
978 BOYTT, George 42 b. NC farmer
Causia 40 b. NC
Amos 21 b. NC farmer
Joseph 20 b. NC farmer
Enos 18 b. NC farmer
“ Melinda 16 b. NC
“ Milley 14 b. NC
“ Nancy 12 b. NC
“ Sally 10 b. NC
“ Martha 8 b. NC
“ Stephen 6 b. NC
“ Cally 4 b. NC (male)
“ George 2 b. NC
961 BOYTT, Isaac 52 b. NC farmer
“ Elizabeth 32 b. NC
“ Nathan 11 b. NC
“ Sarah 9 b. NC
KEENE, Council 15 b. NC farmer
1177 BOYTT, Larkin G. 30 b. NC farmer
George 80 b. NC
Tamsey 73 b. NC
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(This is the text from the above document:
No. 5024. State of No. Carolina ? October 1704
As A???ton (looks like: Auditon or Anditon) for the district of Wilmington. This is to certify that Arthur Boyt was allowed the sum of Twenty pounds five Shillings ???? for his services in ?? militia as c????ned in Pay Roll No. 3702.)
Wendy Elliott CG, CGI
Certified Genealogist
4808 E Garland Street
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