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JOHN P. WATERS (son of WILLIAM P. WATERS and ZILPHIA THOMPSON) et al submitted an Application for Citizenship in the Cherokee Nation, I. T. on 8 September 1896. This claim was subsequently "Rejected." The records can be found in the National Archives, under Microfilm # 1650, Applications from the Bureau of Indian Affairs, Muskogee Area Office, Relating to Engrollment in the Five Civilized Tribes Under the Act of 1896, Application #4292.
The file reads as follows:
Nation's No. 4615
Commission's No. _____
In re-Application of JOHN P. WATERS et al
Demurrer and Answer.
In the Matter of Application of
John P. Waters et al
for Citizenship in the Cherokee Nation.
Your respondent, S. H. Mayes, Principal Chief of the Cherokee Nation, comes now and demurs the said application and for the grounds thereof says.
1st. That this Commission has not jurisdiction over the parties or subject matter of this controversy and no legal right, therefore, to hear and detemine the Same.
2nd. That the application does not state facts sufficient, fi true, to show tht the applicants are entitled to citizenship.
Respondent no waiving his aforesaid demurrer, b ut insisting upon tehe same for answer to said application says that John P. Waters through the petitioners claim to derive their right to citizenship in the Cherokee Nation is not and has not been a Citizen of the Cherokee Nation, since the removal of said Nation west to the Indian Territory as at present located and delined; that his name does not appear on any of the authenticated rolls of said Nation; that neither he nor any of his ancestors now reside, or ever have resided in the Cherokee Nation and Indian Territory, as citizens thereof.
Application Rec'd of H. C. Waters
Rey Setter #584
Addressed to Chief S. H. Mayes, Tahlequah, IT
VINITA
SEP 8 1896, Cherokee Nation, Ind. Terr.
Affidavit:
"H. C. Waters after being duly sworn states that the Reg. Letter #584 contained a duplicate copy of the Evidence in Support of the Claims to Cherokee citizenship of the following Claimants Viz
John P. Waters and his four children
Avery J., William, Caroline, and Henry Waters
Mark M. Waters Albert G. Waters Louis N. Waters Mary Waters Martha Waters
Ada Waters Louisa Wataers and --
Henry C. Waters who has two children
Henry C. and Geo. B. Waters ---
And also the above mentioned Reg. Letter #584 contained a Duplicate Copy of the Memorial & Petitiion for Cherokee Citizenship in the Cherokee Nation Indian Territory.
(signature) H. C. Waters
Subscribed and sworn before me this 8th day of Sept 1896
J. W. Masterson (signature)
Notary Public
My Commission Exp. June 3, 1899
Affidavits of Witnesses:
State of Tennessee
County of Johnson
Before me the undersigned a notary public in and fore said county and state personally appeared J. C. W. McCann, John Simmons, and W. W. McAnn, who after being by me duly sworn states that they are citizens of Johnson County and State of Tennessee and that they are a lifetime acquaintance of the applicants for citizenship in the Cherokee Nation Indian Territory and that the said applicants is the identical persons that they represent themselves to be in their application for citizenship in said nation and that the applicants derive there Indian blood one Eighth from their lineal ancestor (Elizabeth Cullom), there father William P. Waters who was a son of Elizabeth Cullum who was one half Cherokee Indian by blood whose husband was John P. Waters of Scotch (?) blood. Affiants further states that the said William P. Waters was prosecuted in State Court of the State of North Carolina for marrying Zilpha Thompson, the mother of said claimaints. The said William P. Waters not being sufficiently removed f rom his Indian blood to be free from prosecution under the State law prohibiting the marriage of Indians and Whites that the law found him guilty and fined him a good some and so ordered that he should leave the State. That it was also proven in said court that the said William P. Waters was of Cherokee Indian blood. Affiants further states the said claimants have always stood firmly loyal to the U. S. Government and has been recognized and treated by their neighbors, acquaintances, And the public generally as persons having Cherokee Indian blood and that the complexion, physical appearance, language and manners of the said claimants indicate that they said claimants is of Indian blood that from the above facts and circumstances and f rom statements made to them the said ancestors affiants states they had every reason to believe and does believe that the said claimaints is of Cherokee Indian blood.
. . . and that these claimants are ____ temperate in their habits, moral in their conduct, and worth in all particulars of any benefits to be derived from citizenship in the said nation. Affiants further states that they have no interest whatsoever in the prosecutiion of the claim of the said claimantss and no citizenship in the Cherokee Nation, IT and that they are not related by blood or marriage to the said claimants. The claimaints of the above affidavit is as follows to wit: John P. Waters, Jr. who was a son of William P. Waters a son of Elilzabeth Collum who was Cherokee Indian by blood. John P. Waters have four children to wif Avery J., William, Carolina & Henry Waters / Mary Waters age 55 years / Martha Waters / Mark M. Waters / Louisa Waters / Albert G. Waters / Louis N. Waters / Ada Waters / H. C. Waters have children to wit H. C. & George B. Waters
P. O. Laurel Bloomery, Johnson County, Tennessee.
Attesting Witness: J. C. K. McCann, William (x) Simmons 76 years
W. W. McCann, Age 71 years, subscribed and swore to before me this 27 day of August 1896 and I further certifiy that I am well acquainted with said J. C. K. McCann & John Simmons & W. W. McCann and know them to be persons of credibility and truth & veracity.
Geo. H. Robinson (signature), Notary Public
Petition and Memorial for Cherokee Indian Citizenship:
To the Hon. Daws Commission.
"Your petitioners John P. Waters, Mark M. Waters, H. C. Waters, Albert G. Waters, Louis N. Waters, Mary Waters, Martha Waters, Louisa Waters, and Ada Waters -- Equally and respectfully represent that they are One Eighth (1/8) Cherokee Indian by blood (on one side of the family) deriving the same from their lineal ancestor William P. Waters who was a son of Elizabeth Cullin (whose husband was John P. Waters) a half blood Cherokee Indian as shown by evidence.
Your petitioners state further that they are further related by blood to the Cherokees through their mother deriving the same from their linenal ancestor, the late Ned Sizemore through their mother Zilpha Waters whose maiden name was Zilpha Thompson who was daughter of Mary Thompson whose maiden name was Mary Blevins who was a daughter of Lydia Blevins whose maiden name was Lydia Sizemore who was a daughter of Owin Sizemore who was a son of Ned Sizemore a full blood Cherokee Indian. Your petitioners therefore submit to your honors the ___ above statements of facts as ground for applying for Cherokee Indian citizenship as aforesaid in the Cherokee Nation and asks for full and complete investigation of these claims and if the same is found to be valid and correct so herein stated that they be allowed all the rights, privileges and and immunities of he Citizens of said nation Petitions full view are as above stated.
_____ of H. C. Waters, A. J. _____, Galena ____
____ of Witnesses R. A. Bailey
W. Z. Bailey
State of Tennessee
County of Cherokee
Personally appeared before me _____ a Justice for said County in the State for said H. C. Waters______ in the above petition for Cherokee Indian Citizenship in the Cherokee Nation Indian Territory USA who after being duly sworn according to law state that the facts set forth in this said petition above are true as stated therein this day of 1876.
signed H. C. Waters
Attesting Witnesses
Albert Burriss (Seal)
Chas. ___ (Seal)
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