Wilburn Wells Carnes’ Eastern Cherokee Application, page 3

Transcribed 17 Jun 2007 by Teresa McVeigh from microfilms obtained from NARA by Jim Gilmer

21. To expedite identification, claimants should give the full English and Indian names, if possible, of their paternal and maternal ancestors back to 1835:

William Wells Carnes, the son of Wells Carnes, who was the son of Richard Carnes

REMARKS.
(Under this head the applicant may give additional information that he believes will assi9st in improving his claims.)

I hereby appoint Joby Galt of Canton, Ga. my true and lawful Attorney to receive and ? in my name

Note—Answers should be brief but explicit; the words “Yes,” “No,” and “Unknown,” etc., may be used in cases where applicable. Read the questions carefully.

I solemnly swear that the forgoing statements made by me are true to the best of my knowledge and belief.

(Signature.) Wilburn Wells Carnes

Subscribed and sworn to before me this 20 day of March 1907

My commission expires Sept 7 1907 Wm Galt, Notary Public, Cherokee County

AFFIDAVIT.
(The following affidavit must be sworn to by two or more witnesses who are well acquainted with the applicant.)

Personally appeared before me Wm. J. Reynolds and Thomas Hardin who, being duly sworn, on oath depose and sway that they are well acquainted with Wilburn Wells Carnes, who makes the foregoing application and statements, and have known him for 30 years and 15 years, respectively, and know him to be the identical person he represents himself to be, and that the statements made by him are true, to the best of their knowledge and belief, and they have no interest whatever in his claim.
Witness to Mark. Joby Galt
Signature of Witnesses, William J, (his X mark) Reynolds, T J Hardin
Subscribed and sworn to before me this 20 day of March 1907.
My commission expires Sept 7 1907 Wm Galt, Notary Public, Cherokee County

Note. Affidavits should be made, whenever practicable, before a notary public, clerk of the court, or before a person having a seal. If sworn to before an Indian agent or disbeursing agent of the Indian service, it need not be executed before a notary, etc.

Wilburn Wells CARNES Eastern Cherokee Application: page 2

Wilburn Wells Carnes’ Cherokee Application, page 2, transcribed 14 Jun 2010 by Teresa McVeigh from microfilm obtained from NARA by Jim Gilmer.

14. Were they ever enrolled for annuities, land, or other benefits? If so, state when and where: Unknown

15. Name all your brothers snd sisters, giving ages, and if not living, the date of death:

Name                     Born   Died

(1) Wiley F. Carnes 1851 Living

(2) Amanda Payne 1845 Living

(3) Matilda McClain 1842 Living

(4) Isabel Carnes 1847 Living

(5) Julia McClain 1853 Living

(6) James Carnes 1840 About 1863

(7) Wm Carnes 1855 1858

16. State English and Indian names of your grandparents on both father’s and mother’s side, if possible:

Father’s Side             Mother’s Side

Richard Carnes         Wm. Herring

Delphia Carnes           Herring

17. Where were they born? On Paternal side Pickens Co. Ga. And South Carolina respectively

18. Where did they reside in 1851, if living at that time? Franklin Co., Ga.

19. Give names of all their children, and residence, if living; if not living, give dates of deaths:

Holloway Carnes Dead

Wells Carnes         “

Richard Carnes      “

Wm Carnes           “

Sam’l Carnes         “

Sallie (Carnes) Walters) “

Betsy Carnes                “

Lydia Carnes                 “

Have you ever been enrolled for annuities, land, or other benefits? If so, state when and where: No

Wilburn Wells Carnes' Eastern Cherokee Application: page 1 (March 20, 1907)

Commissioner of Indian Affairs,
Washington, D.C.

Sirs:
I hereby make application for such share as may be due me of the fund apporpriated by the Act of Congress approved June 30, 1906, in accordance with the decree of the Court of Claims of May 18, 1905 and May 28, 1906, in favor of the Eastern Cherokees. The evidence of idenity is herewith subjoined.

1. State full name--
English name: Wilbern Wells Carnes
Indian name:
2, Residence: Cherokee County
3. Town and Post office: Ball Ground
4. County: Cherokee
5. State: Georgia
6. Date and place of birth: Feby 11" 1849. Franklin Co. Ga.
7. By what right do you claim to share? If you claim through more than one relative living in 1851, set forth each claim separately: My father Wells Carnes
8. Are you married? yes
9. Name and age of wife or husband: Olivia Carnesa Oct 25 1862
10. Give names of yoiur father and mother, and your mother's name before marriage.
Father--English name: Wells Carnes
             Indian name:
Mother--English name: Clara Carnes
              Indian name:
              Maiden name: Clara Herring
11. Where were they born?
Father: Franklin Co. Ga.
Mother: South Carolina
12. Where did they reside in 1851, if living at that time?
Father: Franklin Co., Ga.
Mother: Franklin Co. Ga.
13. Date of death of your father and mother--
Father: Dec 25" 1858  Mother: 1897

(Transcribed 13 Jun 2010 by Teresa McVeigh from microfilmed records obtained from NARA by Jim Gilmer)

Wilburn Wells Carnes' Eastern Cherokee Application: Cover (29 Mar 1907)

Wilburn Wells Carnes' Application for a share of the money awarded the Cherokee Indians in lawsuits in the US Court of Claims Under ther Treaties of 1835, 1836, and 1845. This is the cover (transcribed by Teresa McVeigh, 13 Jun 2010 from microfilms obtained by Jim Gilmer from NARA).

No. 20030
EASTERN CHEROKEES'Application of Wilbern Wells Carnes

For share of money appropriated for the Eastern Cherokee by Act of Congress approved June 30, 1906, in accordance with the decree of the Court of Claims of May 18, 1905 and May 30 1906.

INDIAN OFFICE
EASTERN CHEROKEES

Rec. Mar 29 1907

Wilburn Wells Carnes' Eastern Cherokee Application: Rejected (1908)

Wilburn Wells Carnes applied for a share of the money awarded the Cherokee Indians in lawsuits in the US Court of Claims Under ther Treaties of 1835, 1836, and 1845. This is a copy of his rejection by the Indian Office of Eastern Cherokees, Washington, DC, for a share of the money appropriated as settlement in the US Court of Claims due to Eastern Cherokees alive 28 May 1906. Transcribed by Teresa McVeigh 13 Jun 2010 from microfilmed records obtained from NARA by Jim Gilmer.

No. 2003 Action: Rejected


Name: Wilbern Wells Carnes and 4 children.

Residence: Ball Ground, Ga.

Reasons: The applicant and his father and paternal grandfather were never enrolled in any roll. Ancestors lived in Franklin Co. Ga. in 1835-6. Could not have been parties to Notice of 1835-6 1846 (See letters herein)
 
An explanation of this record is taken from the NARA website:
 
Selected Microfilmed Records Pertaining to Eastern Cherokee Enumeration


The Eastern Band of Cherokees traces its origin to the more than 1,000 Cherokee members who eluded forced movement westward in 1838-39 by remaining in the mountains. Approximately 300 of these individuals were living on tribal lands in 1838 and claimed U.S. citizenship. Other tribal members living in Tennessee and North Carolina towns were not immediately found and removed. Throughout much of the 1840s Federal agents searched the mountains of North Carolina in attempts to remove the refugees to the Indian Territory. By 1848, however, the U.S. Congress agreed to recognize the North Carolina Cherokees' rights as long as the state would recognize them as permanent residents. The state did not do so until almost 20 years later. With only minor changes, the lines of the current reservation were established in 1876 and in 1882 a regular reservation was established. The Eastern Cherokee Reservation consists of approximately 56,668 acres in five counties in North Carolina: Cherokee, Graham, Jackson, Macon, and Swain Counties. The following information concentrates on those Cherokee residing in the east after the western migration.

Special Enrollment and Claims Records, 1906-1910

Pursuant to an act of 1902, the Cherokee filed three suits in the U.S. Court of Claims to press their claims for funds due them under their treaties of 1835, 1836, and 1845 with the United States. The court awarded more than 1 million dollars to be distributed to all Eastern Cherokee alive on 28 May 1906, who could prove that they were members of the Eastern Cherokee tribe at the time of the treaties. They also had to prove that they were descended from members who had not been subsequently affiliates with any other tribe

Marriage License of Wells CARNES and Clarissa HARRING (HERRING), Franklin County, Georgia, 27 Sep. 1839

Marriage License, Microfilm on Georgia's Virtual Vault, Franklin County, Georgia Marriage Book 1834-1850, p. 89, transcribed by Teresa McVeigh 10 Jun 2010:

Georgia
Franklin County}

T[o] any Judge Justice of the Inferior Court Justice of the Peace or minister of the Gospel you are hereby authorized to join in the holy state of matrimony Wells Carnes and Clarissa Harring given under my hand this 26th day of September 1839.

Thos King CCO

The above was solemnized by me this 27th day of September 1839.

John B Wade, P.G.

Marriage License of David Looney and Jane Scoggins, 15 Dec 1858 Franklin County, Georgia

This is the marriage license of David L Looney (c.1845-1920), son of Larkin and Frances Looney, and Malinda Jane Scoggins (c. 1848-1927).

Transcription 8 Jun 2010 by Teresa McVeigh
Taken from Georgia's Virtual Vault Website
Microfilm of Franklin County, GA Marriage Book 1868-1882, p. 111

Georgia
Franklin County}

To any Minister of the Gospel Justice of the Inferior Court or Peace of the Peace you are hereby authorized to join in the Holy State of Matrimony Mr. David Looney and Miss Jane Scoggins according to the Constitution and Laws of the State; and for so doing this shall be your sufficient license.

Given unto my hand and official signature this 15th Day of December 1868

? Morris Ordinary


Georgia
Franklin County}

I hearby certify that the above named parties were duly joined in Matrimony by me the 17th day of December 1868.

B. P. Vandiver, J.P.

All Rights Reserved
Teresa McVeigh