Mr. Siler, in the Siler Roll of 1851 did reject the Elliott family, but this family was listed on the Act of Congress Roll, a small roll with the following title:NAMES OF EASTERN CHEROKEES ADDED TO SILER ROLL BY ACT OF CONGRESS APPROPRIATION OF JULY 1854-- OPINION OF ATTORNEY GENERAL JUNE 1857.So you see, they were on the Siler Roll after all.
Another document in defence of the Elliott's is the following, found in the Northern District Citizenship Cases, # 142, microfilm # 1869, John W. Elliott et. al. vs. Cherokee Nation:
Washington D. C. January 20, 1899 or (98) Hon. Commissioner of Indian Affairs. Wetheundersignedvery respectfully beg leave to ask your attention to the question of citizenship of the descendants of Joseph Elliott Decd. a Cherokee.
The descendants of Joseph Elliott claim to be Cherokee, and a part of the family now residents ofCoo-wee-scoo-wee ??? District, Cherokee Nation.
The above family have been asking the authorities of the Cherokee Nation to acknowledge and grant them all their rights as such for more than six years.
If the (grand?) Council of 1877 aCommissioners Court was established for the investigation of such Claims.
A part of the above family went before the above Court, (as one case would settle the question for all the Family) and that Court decided against the Cherokee rights of the descendants of Joseph Elliott, Decd.
The Elliott's (after the decision was made against them) made repeated application to the president of the Commission to know upon what grounds their rights were rejected, but up to now, no answer or reason has been given.
In the testimony against the Elliott's, ?????? the witnesses are Luney Riley and his nephew, Riley Keys???
You will please?? see that the testimony of the above witnesses is all hearsay, you will also find that Riley Keys?? was only four years old when Joseph Elliott's Reservation was granted to him, which could only be done by the authorities of the U. S. and the Cherokee Nation.Both.
You will also please? see? from the proofs in the case, that Peggy Elliott, Joseph Elliott's sister married a whiteman by the name of Sutton Stephens, and that he, in right of his wife, was granted a reservation under Treaties1817 and 1819, and located near her brother Joseph Elliott's Reservation.The Cherokee Reservation Register would Show this.
The testimony introduced before the court or commission by the claimants are mostly from U. S. Citizens who were neighbors of Joseph Elliott in Jackson County, Alabama, where Joseph Elliott resided on his reservation although he had improvements on the Cherokee side of the line, which he Elliott owned? at the timethe Cherokee Treaty of 1835 was made, and as your records will show, under that treaty, was valued to Jo Elliott and paid for.
Also other parties of the family, then living in the Cherokee Nation had their improvements valued and paid for also, drew their per capita, or head right money.Also, drew their removal and ?distance? money.All of which is facts upon the record of the U. S. Govt.
Joseph Elliott, remaining on his reserve isolated? him and his family from the other Cherokees sixty three years ago, hence it was that his proofs can only be relied on from the records of the U. S. Govt. and the white neighbors who settled around him after the treaty, and the ............ Yet the witnesses, on the part of the claimants, the very best of citizens, some of them having been members of the legislature of the state of Alabama.
We know that, by treaty, the Cherokees have the right to self government and Jurisdiction over their own citizens........(there follows some talk about Articles in Treaties defining rights and a list of the affidavits of proof, that become fainter and partially unreadable) END OF TRANSCRIPTION
The testimony against the Elliott's never accounts for the fact that his sister, Margaret (Peggy) Elliott m. Sutton Stephens was granted a reservation.