DAFFRON/DAFFIN/DAFFORN SIGHTINGS
The 1896 Dawes Commission
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Part I

My grandmother told the story of her father John M. Daffron going to Oklahoma to apply for Indian land. I found J.M. Daffron on Index and sent  for records. It was him. He states on application for enrollment:

"Son of E.W. Daffron, grandson of Rhody & Millie Daffron, great grandson

of  Annie Gibbs of N.C. who was a cherokee by blood."

There are (2) signed sworn affidavit's, from Cherokee Nations Indian Territory, both stating: personally acquainted with Anna Gibbs in the  Old  Cherokee Nation North Carolina and that she the afore said Anna Gibbs was  a  cherokee Indian by blood about 1/4 or 1/2 cherokee and her name aught to appear on the rool of 1835."

Third sworn affidavit- Abner Decker from Texas - age 70:  "that he is will and personally acquainted with John M. Daffron of Murphy Texas who is a son of E.W. Daffron and grandson of Rhody and Millie Daffron  and great grandson of Annie Gibbs of North Carolina who was a cherokee  indian by blood affiant makes this his sworn statement.."

 A month later I was running a soundex and found John M. Doffron in the same  index. Looking at his original application, it looked like he was spelling   his name DOFFRON. So I sent for this one also.  Combined with application of Mary A. Singleton daughter of  Phillip Daffron.

In it was affidavit of Elhanon Daffron. It states:

 "That he has known said Mary A. Singleton from the day of her birth or

there  about until her departure from said county. That she is the daughter of

Phillip Daffron, now deceased, that said Phillip Daffron was a son of Millie

 Daffron and that said Millie Daffron's maiden name was Mille Gibbs and

that  said Millie was a daughter of Annie Gibbs, and that said Annie Gibbs

removed  from the Cherokee Nation North Carolina to said county.

 Affiavit also deposes and says that he is the uncle of said Mary A.

 Singleton and that he is a brother of Phillip Daffron aforesaid, affiavt

 sayth that he once asked his mother what race of people they were of and

 that she refused to tell him and that afterwards affiavt' asked his grand

 mother, Annie Gibbs the same question and that said Annie Gibbs told

affiavt that his affiavt's great grandfather was a scotchman and came to the

 cherokee nation north carolina about the close of the revolutionary war,

and married a cherokee woman and that said affiavt's grand father's name was

 John Gibbs and that said John Gibbs had one brother by the name of  Phillip

 Gibbs, also, a brother by the name of Elhanon Gibbs."

 (These are all handwritten and hard to read)

 Another states "I am the ex chief of the North Carolina Cherokee Indians, I  know of my personal knowledge, that there is a gibbs family of cherokees  still  residing in the state of north carolina, and that there was a portion of  said  family emigrated west many years ago and since that time I have learned that  they stoped in the state of kentucky and from information I am satisfied that  Mary A Singleton is a descendent of the said of Gibbs family. Sworn to this 31st day of november 1885."

 Other documents show following.

 Mary Singleton was living on reservation in oklahoma since 1880 and trying  to  prove she was of cherokee blood. she was turned down. (her children & J.M.  Daffron were in suit with her.)  But they are trying to prove on application  through Millie Daffron. The Commission said...no Daffron's on 1835 roll.    It would have been Gibbs not Daffron. She appeal to US Supreme    Court.   Does not say if she won. (1988) I received 64 pages on her & John M. His  application was shorter. Marked rejected, but not copies of commission to  the  five civilized tribes decision.

Part II

Application of Enrollment of Mary A. Singleton:

"that Millie Gibbs, ne Daffron Petitioners Grandmother.." petioner claims her rights to Citizenship in said Nation, together with  the rights of her children. The names, age and sex of said children are as  follows:

Nettie -39-f

Roxie-35-f

Connie-32-f

Hellen-29-f

Robert L-28-m

Marcus D-26-m

Greenup(?)A-23-m

John M 21-m

William S-17-m

That Petitioner is 57 years of age, and resident of Cherokee Nations I.T.(Indian Territory)" Subscribed and sworn.. 25th of August, 1896 Signed  with "her mark" X and witnessed by husband L.H. Singleton. (the name Leo appears on other documents)

Application of John M. Daffron

 "That petitioner is 53...resident of Chicco, Texas" Subscribed and sworn 28th of August, 1896 He signed full name.

Mary and her family applied several times. Once in 1880. Again in 1888. And it looks like again in 1896. The info I have deals with the 1896 request and appeal. The Dawes Commission issued notices on July 8, 1896, announcing that it would accept applications for citizenship until September 10, 1896.

The 1896 app for Mary & John looks like a scramble to meet that deadline.

His filed on September 8,1896. I think the following was used in 1888 and reused in 1896.

Affidavit of Samuel France from Wayne Co, KY Sworn to on 12th day of Sept., 1888.

"...I was well acquainted with the Gibbs and Daffron families, they and I

having come to said County from North Carolina. I was once at the house of

Annie Gibbs and while there had a conversation with said Annie Gibbs with

reference to a difference that the Daffron boys had there recently had on

account of being called Indians, and that during the course of said

conversation Annie Gibbs remarked to me that here was no use of denying it,

or getting mad about it anymore, for they wre Cherokees. By this remark I

understood perfectly well that said Annie Gibbs meant to say that the Gibbs

and Daffron families were Cherokees. From my acquaintence with the

Cherokee Indians I am satisfied that there is Cherokee blood in the Gibbs and

Daffron families. I am not related by blood to either of the above named

families and have no pecuniary interest in this matter"

Signed with X

Affidavit of Thomas Abner - 13th day of September, 1888 in Wayne County,

State of Kentucky

"I was acquainted with Mary A. Singleton, wife of L.H. Singleton from the

day of her birth and that said Mary A Singleton is a daughter of Phillip

Daffron and that said Phillip Daffron was a son of Millie Daffron and that

said Millie Daffron was a daughter of Annie Gibbs, I lived near to the

above named persons for a number of years and was personally acquainted

with them and they told me in private conversation that they were from the

Cherokee Nation in North Carolina and that they were cherokees by blood.

From my acquaintence with Cherokee Indians I believed the Daffron and

Gibbs families to be of Cherokee blood."

John Marshall Daffron used an affidavit from an Abner Decker age 70 living  in Hunt County Texas. Sworn to the 5th day of February A.D. 1892.

" ..that his age is 70 years and his occupation that of a farmer ...that he

is well and personally acquainted with John M Daffron of Murphy Texas who

is a son of E.W. Daffron and great Grand Son of Annie Givvs of North

Carolina who was a Cherokee Indian by blood affiant makes this his Sworn

Statement from his own personal knowledge and acquaintance with the family"

1870 U.S. Census Kentucky, Wayne Co, Mullentown Dist M593, Roll: 503, Page 27 shows : Dafron, Elhanan

Page 28 - list Decker, Abner - age 48     Francis, Samuel - age 68

Page 21 - list Abner, Thomas - age 69

1830 U.S. Census Kentucky, Wayne Co,  list

Daffron, Rody

Daffron, John

Next page over list

Abner Decker

Anne Gibbs

1820 U.S. Census Kentucky, Wayne Co, list

Rody Dafron

Mis Anne Gibbs

1810 U.S. Census Kentucky, Wayne No TWP listed, M252, Roll 8: page 362 list

Rhoda Dafforn

Annie Gibbs

1820 & 1810 show Annie right below Rody.

Kentucky, 1774-1924 Land Records The Kentucky Land Grants, Part 1, Chapter IV, Grants South of Green River, 1797-1866, Page 320. List

Gibbs, Ann 132 Acreas Book 21 Page 56 Date Survey 11-18-1802 County, Wayne, Watercourse Beaver Cr.

 

Part II

These papers deal with denial of citizenship, mainly due to no Daffron or  Gibbs showing up on the Roll of 1835.

Only 20% to 30% of the Native people living at the time of these rolls would acknowledge that they were Indian (on paper) and registered with the government. There were social and legal restrictions placed on them if they admitted to being Indian. In most states they could not own property, had to have a (white) legal guardian to do any sort of business, were not permitted to attend school, and/or could not vote along with other restrictions placed on them because of their race. The 1835 Henderson Roll were Cherokees living in Alabama, Georgia, Tennessee and North Carolina in 1835. And they signed up to remove to Oklahoma under the 1835 Treaty of New Echota. Some only signed up with intent to move, but never actually  moved. (Our family was living in Kentucky at this time.)

September 29, 1888. Copy of original Decision in the case of Mary A.

Singleton, et al, vs Cherokee Nation

"In the matter of the claim of Mrs.. Singleton for citizenship in the Cherokee Nation. We the Commission on Citizenship find that the name of Philip Daffron, or that of the applicants themselves, fail to appear on the rolls of Cherokees as laid down in the 7th Sec. of Act of Dec. 8th 1886, in  relation to citizenship consequently, under the law, this Commission cannot grant the applicants citizenship in the Cherokee Nation, and it now becomes our duty of declare, that Mary A. Singleton and five children, vie, Robert L., Marcus S., Greenip A., John M., and William S. Singleton are not Cherokees by blood and are not entitled to any of the rights and privileges of such, on account of their blood. And should they be in the Cherokee Nation are intruders upon the public domain thereof.  

 Signed J.T. Adair, Chairman, Com

H.C. Barnes, Commissioner"

 

Affidavit of Mary A. Singleton - dated 27th August, 1896.

"Mary A. Singleton Being duly sworn says: Her Maiden name was Daffron; that she was born in Wayne County, Ky. that her father, Phillip Daffron, was a son of Millie Gibbs, nee Daffron. Millie's father was John and her mother's Annie Gibbs. Said Gibbs' were of North Carolina, Cherokee Indians by blood and recognized as such, according to family tradition, and affiant believes their names appear on the proper rolls as Cherokee N.C. Indians.

This statement was corroborated by Sophia McCuthern, et al, whose affidavits were destroyed by Maj. Lyons, a Cherokee attorney who had them in possession as affiants attorney. He had acted as attorney for the Nation. Affiant came to this country about 1880, when the Cherokees extended an invitation to "foreign" Cherokees to "come here". She made  application in 1883, and before the Commission acted on the application the council done away with the Commission. It was after this that Maj. Lyons secured the evidence from which to prepare papers to present the Indian Agent for my property rights. A new commission being created, affiant made second application about April, 1887 and on September 29, 1888, the Commission decided adversely to claimant on the one ground that neither petitioner or her father appeared on the rolls of Cherokees, &c. A copy of  said finding is hereunto attached marked "Ex. A." Upon advice of several  Cherokee attorneys, among who were C. Taylor, Hooley Bell, et al, affiant  improved lands and continued in the Nation, having protection papers from Indian Agent Owens. And at this time affiants' improvements in the Nation  are worth $1200 and that of her son's is worth $1500. Neith applicant or,  to her knowledge, her ancestors have taken an Indian Reservation in the old  Nation or upon Indian neutral land. "

There is a copy of Appeal filed on Dec. 17, 1896.

Review of Appeal by Mr. Edgar Smith, Special Master. September 28, 1897

His opinion was:

"..it not having been shown that either of said applicants was ever  enrolled as a Cherokee Indian citizen by the Cherokee Nation since its removal to its present location, that appellants are barred from being so enrolled at this time. I respectfully ask that a reasonable fee be allowed  me as Master herein." Marked fee paid.

The court issued document stating: "....The judgment of the United States Commission rejecting this case is affirmed and the application of the  claimants to be enrolled as citizens of the Cherokee Nation is denied."

Motion for new trail filed Dec. 16, 1897.

Petition for new trail filed Jan 6, 1898

Affidavit of Leo H. Singleton dated Sept. 9, 1898.

"..he is husband of the principal plaintiff above named, and that he is  familiar with the efforts made by her and her children before the Tribunals of the Cherokee Nation for citizenship, having acted during these  proceedings as her agent and reresntative.

 The plaintiffs in this case filed their application for citizenship with  what was known as the Adair Court in about the year 1880, and as affiant is  advised that Court was abolished before the case was acted on. After the case was out of Court the said applicants proceeded to collect evidence for a second application about the time the Lipe Court was organized to hear and determine Cherokee citizenship cases., and when having secured valuable  evidence, the Cherokee authorities by the police commenced to drive stock of the so-called intruders out of the territory and for this purpose they  came to the house of affiant; and to prevent this threatened removal,  affiant went to Muskogee to secure if possible "protection papers" from the  Hon. Robt.L.Owen, Indian Agent, carrying the said affidavits for the  purpose of placing the justice of applicants claims before the said Agent.  Mr.. Owen being absent, affiant left the evidence with a Mr.. Lyons, an  attorney and citizen of the Cherokee Nation with instructions to represent  affiant before Mr.. Owen on his return, and to secure the said protection  papers if possible. In a few days affiant received from the said Agent  through Mr.. Lyons, papers which commanded the Cherokee authorities not to interfere with the property or family of affiant, but in sending such papers he did not return the evidence left with him, and he advised affiant  that the said evidence burned with his office and contents.

The Lipe Court being fully organized, affiant appeared before that tribunal  about the year 1888 to file and did file a second application for the above  named plaintiffs; and affiant, in person, asked said Court for permission  to introduce oral testimony on the trial and that notice be given him of  the time of the trial that he and claimants might be present. The Court at first objected to allowing the oral testimony to be given, whereupon the said Mr.. Lyons appeared and assured the Court of the destruction by fire  of claimants evidence whereupon the Court said to affiant and Mr.. Lyons that the request was allowed by the Court and the claimants were permitted to appear and give oral testimony and that affiant and claimants should be fully advised of the time of trial.

Affiant further states that during the time between the filing of the two applications this affiant went to two occasions to the Council and tried to have his claim filed there, and each time was unsuccessful, and that in presenting the same one of the Cherokee Senators offered to put the claim  through for $500.

Affiant further states that neither he the applicants were notified of the  day of trial, although affiant and applicants were prepared and ready to furnish the oral testimony they were given the permission to furnish; and  neither the affiant or applicants knew of the case having been passed upon until some months after the case was dispose of, and then they were  informed in a non-official way; and said case was passed on in the absence  of affiants best testimony which was oral, and the evidence before the Court at the time the case was taken up was not such as claimants desired to rest their case upon and was not connected and complete.

Affiant is advised and he verily believes that the said Court denied the application of claimants without giving the case any or but little consideration, and in violation of the permission given affiant to have notice of day of trial and permission to introduce oral testimony; and in not having the privilege of being present and of introducing the said oral testimony the application or claimants was greatly prejudiced, and denied a  fair trial."

Assignment of Error filed Sept 9, 1898 By Solicitors for Petitioners

Another Petition for Appeal filed Sept 13, 1898

Citation to the Cherokee Nation. filed Oct 19, 1898 states:

Greeting..You are hereby cited and admonished to be and appear in the Supreme Court of the United States, at Washington D.C. within thirty days from this date, pursuant to a writ of error filed in the Clerks office of  the United States Court in the Indian Territory for the Northern District, at Muskegee, I T Mary A. Singleton et al are plaintiffs in error and you are defendant in error or appellee..."

Another Signed by Judge granting appeal on same date as above.

A Bond for Costs Filed Oct 19, 1898 in the amount of $200

The papers end here. No records of the out come of Mary's appeal. I would like to hear from any of her relatives or anyone related to Phillip Daffron who might know what happened to her family after this.