They were denied Cherokee Citizenship after their initial application. I was told this was because they were not living on Indian lands at the time. This is what I suspect lead Steve G. Nees to move to the Indian Territory, and then re-apply. My Great-Grandmother Minnie Bell Nees Ingram was born in the Indian Territory in 1888.

The following are affidavits submitted on behalf of my 3rd Great-Grandfather James Nees, Jr. and his brother Frank which describe personal knowledge of him and their father James Nees, Sr. (my 4th Great Grandfather) who they describe as the “Old Cherokee” being half Indian.

There are many researchers online who are related to James Nees, Jr. with whom I’ve lost contact with. I’m hoping to get back in touch with them to assist where I can in solving this mystery. Meanwhile, I find these affidavits fascinating to read, and am grateful to have them.

From LDS Film 1666,345 p. 145
Application Rejected for Cherokee Citizenship
James Neese Praire Grove Ark, 13 Feb 1889
Oscar L. Neese
Walton Neese
Alvia Neese
Elmer Neese
Genda Jane Neese
Stephen Y. Neese
Maggie Neese
Albert Neese

File of Application of James Nees at Tallehequah, Oklahoma:

To the Honorable The National Council:

The undersigned petitioner Represents That he is a cherokee by blood that he made application to the Honorable Court of Commission on Citizenships for admission to citizenship and that in his abscnce and also of his ally the Honorable Commission disposed of his case without hearing all of his testimony, that he has other and to him important Testimony in his behalf, therefore, your petitioner asks that the papers in his case which are on file in the office of the court of commission on citizenship together with the papers herewith accompanying this petition be admitted to your Honorable Bodies for further investigation And that .. petitioner be admitted to all the Rights and privoliges of cherokee Citizenship.

Respectfully Submitted.
James Nees

State of Illinois County of Coles
John M. Easton being first duly sworn on oath make that he is well acquainted with Frank & Janes Nees sons of James Nees deceased. That he knew their father for many years That he their father was to all appearances half Indian. That he had high cheek bones and his beard was .. thin and scattering – stiff and black resembling an Indian. That said father had complexion the common to the Indian – i.e. his shin was copper colored and that his decendants show the same copper tint to a greater or less degree. That said father Janmes Nees was commonly called half Indian, and that he told applicant he was half Indian. That he was commonly known as “Old Cherokee” – That affidavit was well acquanted with many Indians in an early day and verily believes from his knowledge of said father and sons as well as other decendants, that the said father James Nees was a half Indian or half breed as he was called. Applicant is eighty one years old past.

J. M. Eastin

State of Illinois County of Coles
I Frank K. Dunn, Notary Public in and for County and State above named hereby cerifies that John M. Easton personnaly known to me to be the same person he represents himself tobe subscribed and swore to the foregoing affidavit before me this 4th day of May A.D. 1889 and that contents were read to him and that he fully understood the contents of said affidavit before swearing to the same.

Frank K. Dunn
Notary Public

State of Illinois County of Pike
William Chandler Being first … sworn an oath states that he is well acquainted with James Ness now of the cherrykee nation Indian Terrytory and has bin acquainted with him from the time he was a small boy and knows him to be by general repute to be as on of Jame Nees Desceased which I was intimately acquainted with by being at his house and Play mate of James Nees now of the Indian … and knew James Nees Deceased Looked like and Indian had prominent chee Bones Smooth face and no beard, black Hair & black eyes and Dark c9omplection and have herd his half sister and other of the family say that James Nees Deceased was half indian his Father being acknyled Indian man and by his actions I am satisfyed that he was at Least Half Indian I being acquainted with indians and ther habbits & ways.

William Chandler

State of Illinois County of Pike Hull May 17 — 1899
I E. T. Bridge Notary Publick in and for the county and state affore named hereby certafy that William Chandler persnelly known to me to be the same person he represent himself to be and to be a person of good caracter and reliable and subscribed and sworn to the foreing and I red and Explained the fore going to him.

E. T. Bridge
Notary Publick

State of Illinois County of Coles April 2 A. D. 1889
William M. Gordon, being first dulyt sworn in oath states that he is well acquainted with Frank and James Nees sons of James Nees deceased, That he knew their father for many years That he their father was to all appearances half Indian that he had high cheek bones and his beard was very thin and scattering, stiff and black resembling an Indian That said father had the complexion common to the Indian i. e. his shin was copper colored and that his decendants show the same coffee tint to a grater or less degree. That said father James Nees was commonly called half Indian and that he told me he was half Indian That he was commonly known as “Old Cherokee” That I was well acquainted with many Indians in an early day and ….. that from my knowledge of the said father and sons as well as other decendants that the said father James Nees was a half Indian or half-breed as he was called. I am sixty seven years old.

W. M. Gordon

State of Illinois County Coles April 2 A D 1889
I Jno. M. Bishop Notary Public in and for county and state afore named hereby certify that William M. Gordon personally known to me to be the same person he represented him self to be subscribed and sworn to the forgoing affadavit before me this 2nd day of April A. D. 1889 and that the contends were read to him and that he fully understood the contents of said afidavit before swearing to the same-

- Jno M. Bishop

State of Illinois County of Coles April 2nd A. D. 1889
I Patric H. Gordon being first duly sworn on oath states that he is well acquainted with Frank Nees son of James Nees, also James Nees Jr. That he first became zcquainted with James Nees the father of the above named Frank and James Nees in the year A. D. 1831 or 1832 That the above named father, James Nees, was to all appearances half Indian, he had high cheek bones and his beard was very cattering there being only a hair here and there and what beard he had was very stiff resembling the har or beard of an Indian. That said Nees had the usual copper color of the Indian, That all his descendants show the same copper tint to a greater or less extent. That said father James Nees frequently told me he was half Indian and as I remember he told me he was of the cherokee tribe of Indians, and all his acquaintances called him the “Old Cherokee” That I am seventy nin years old and in my early days was well acquainted with numerous Indian tribes. That I served in the Blackhawks war and verily believe that the father afore refered to was half Indian

Patrick H. Gordon.

State of Illinois County of Coles Apr 2nd A.D.1889
I Jno. M. Bishop Notary Public in & for County and State above named hereby certify that Patrick H. Gordon persenally known to me to be the same person he represents hemself to be personally appeared before me and after hearing the contents of the foregoing afidavit made fully known to him by reading the same to him signed and swears to the same this 2nd day of April AD 1889

Jno M. Bush, NP
State of Illinois Coles County

We the undersigned neighbors and acquaintances of Frank and James Nees on oath state that we are well acquainted with the afore named parties, that they have always been called part Indian and have many features characteristic of the Indian That we verily believe thy are of Indian …
J. T. Edman
John Spark
George Gordon
John W. Rodgers
E. D. Gordon
James W. Lutch
James M. Faris
Joseph Armstrong
J F. Erwin
A. Drewery
Wm Drewery
H. H. Kinser
Samuel Gordon
Clinton Phipps
Al Shirtz
W. H. Phipps
M. Brasheares
A. D. Gray
Saml Chowning
H. Rodgers
George Furry
Isaac Taylor
James E. Phipps
N. S. Freeman
G….Bidle
James K. P. Cassady
John C. White

If you’re related to this family or have more information about them including stories, pictures and dates and family member names, I’d love to hear from you. Please leave a comment below or email me directly from the About Us page.

Catherine wrote, “Jackson wrote as a hobby, I guess, and in the process was very wordy.” Catherine had received the original copies of this material from the Charleston Library. The library had come into possession of them from Lucille Bingamon his stepdaughter who recently died at age 93. To give you a time frame, Jackson was born in 1862. He originally married Sarah Ashby Brandenburg; his second wife was Mary Bingamon.

Is this story fact or fiction? Or perhaps a little of both? As I did research on the Nees line years ago, this story was kept in the back of my mind. As I frequently ran into Nees brothers who married Lemons sisters, I thought perhaps there was more truth to it. Either way, I thought I’d share the story, in hopes of validating it either way.

Since the days of her early childhood, Ma-ri-ta (a local Indian girl) had frequently mingled among and played with white children especially with those of the Nees family and played a good part in the human role of friendship and ‘twas said of her in her after life, “She had many friends.”

The white children of her day, both boys and girls had certain daily chores to do. Marita was always ready to join in and help; watching how they did everything she soon made a full hand at the task before her. She was a little slow in learning to speak English, but had in a very short time learned enough to understand most of the common English words spoken to her. She soon learned what “dinner” meant, and she also made a good hand there.

The first time at her friend’s table she began eating with her fingers. When told and showed how, she should eat with a knife, fork or spoon, she didn’t appear to be the least fretted, but started right into their use. However, awkward she was, which was a plenty, she soon learned and didn’t have to be told of their use the second time.

In a few days, Marita was again at the Nees home. They had chicken for dinner. The girl sitting next to Marita began gnawing on a chicken leg held in her fingers. Without trying to speak, Marita kindly took the chicken leg, laid it in the girl’s plate and then handed her a knife and fork. This was very amusing to all, but Marita soon learned that table manners varied greatly. ….It was noticed here, how suddenly one can be lifted from uncultured levels.

Many time she (Marita) had wandered away from her humble and rudely built wigwam home to the nearby cabins of the Nees family where she delighted to play with their children, eat at their table and share a friendly welcome by all. One evening late, as she was about to start for her home, a sudden bad-looking storm came up, and they pointed to the weather outdoors, saying to her, ” You stay here all night–we take you home in the morning.” She understood and showed by her actions that she was happy. The Nees girls, nearest her age parlayed as to which one should sleep with Marita, thinking it a great treat to sleep with their Indian pal. All settled and quiet for the night.

The morn opened fair. Breakfast over, Mother Nees and Marita soon found themselves before the Indian mother telling her mostly by signs what had kept Marita. The mother answered with an odd smile, quaint expression, a nod of her head and satisfied voice of “Uh”.

As time sped on, young John Nees and Marita welded deeper and deeper into each other affections. Marita’s mother was highly elated at this companionship. She had observed in young John a congenial nature, marks of industry and good behavior. ….she could trust him fully in the care and protection of her daughter.

John and Alice Nees:

The parents of young John now saw plainly the intent fast shaping between the two youngsters. Although a somewhat odd match, the father said “He is crazy about her” and the mother remarked, “Yes, and she would die for him.” …Both agreed, “Let them alone. Let them follow their spirits. It would be a sin to interfere.”

Other white boys envied John’s affiliation with Marita and even tried to persuade her away from his company. …Though in her feeble effort of English tongue she made them fully understand when she answered, “No! Him my, my him” and which, by her actions she evidently meant, I am his and he is mine. (And thus gives rise to the infallible maxim uttered by the Savior: “Out of the abundance of the heart, the mouth speaketh” [Math.12:34] Her simple words inflated John with as much complacency as if they had emanated from the lips of some distinguished orator.

Once a seeming pal of Johns told him that he should discard Marita, that she was not of his race and was not in keeping with his social standing. John answered him saying “I know what is hurting you. You go and find another good Indian girl. You can’t have mine.”

The stronger tribe of the Cherokee Indians living west of the Mississippi was envious and jealous of that part of their tribe living east of the Mississippi, because it, the east side, was friendly with and (held) in higher esteem of the white people and raids were expected at any time. ….and sure enough at this particular time and without open warning a plot was laid. A friendly Indian of the west side revealed the plot to Marita and her mother. Marita at once told John as best she could of the approaching massacre. Now feeling the imminent danger that they might be torn from each other forever, they fled from her enemies and barely mad their escape as they heard shrieks and wails of her people inflicted by the enraged murders.

In order to secure Marita’s better protection from her Indian enemies, John at once remove the immense growth of her long rave-black hair, dressed her in a suit of his clothes he had never worn, exchanged her raw hide buckskin moccasins for sock, a pair of his high top shoes (somewhat large for her) and on her head a man’s cap which donned her copper colored, round, fat, sweet face. ….When a mirror was put into her hands, her clack eyes sparkled and she laughed having a double row of milk white perfect teeth.

A complete change of clothes (belonging to) John’s sister was placed in a hand satchel and as John said goodbye to his people, he whispered to his mother saying that he didn’t want the Indians to kill her and that he and Marita were taking a stage coach down the river side to the county seat town where they would be married by an elderly Baptist minister.

Marita didn’t yet know anything about the marriage part of it, but she did know that she was escaping the danger of her much hated enemies….and also that she felt safe in the care of her John.

On arriving at the minister’s home, John explained to the …minister and his wife in short detail of the little, humble and honest romance between him and Marita; that the object of their appearance before him was marriage; that it was not a run-away affair. Then the minister puzzled at the sight of Marita standing right there ….dressed from heat to foot in man’s attire, said. “Is this a girl? Your intended wife?”

At this awkward occasion, young John in a faltering voice told the sad fate of Marita’s mother and others, perpetrated by the band of Indian enemies and that in this manner he was striving to keep his darling Marita safe to him and from the hands of her cruel and heartless murderers.

At first the minister was somewhat confused and lost at this sudden meeting and strange predicament, but after hearing John’s hideous story…., he was truly convinced from his hesitations. At this instance the minister’s good, old and faithful wife, being shown the woman’s garb John had brought in the satchel, hastened with Marita to another room, dressed her up and when they came out, the minister said “Well, Marita, you sure look like a full fledged bride.”

Although Marita never uttered a word, (for she didn’t understand those words), …her devotion to John thoroughly convinced him that hew own true heart spike in deeper affection than any tongue could express.

After the marriage ceremony, as was the custom, the minister kissed Marita whereupon she at once led John before the minister and his wife, making signs for them to kiss John. They did and Marita standing there, here black eyes sparkling with admiration—yes, and her very heart throbbing and overflowing with unspeakable tranquility, so aroused the aged couple that their feelings were expanded into joyful tears and the minister remarked, ” I have seen many happy-faced children, have watched the pleased expression of grown ups, but I never before discerned so vivid (a) demonstration as has been portrayed at this interview in the countenance and actions of Marita. Not a word came from her lips; not even the sound of one vocal chord. This, continued the minister is one of the proofs of the old and familiar adage …”Actions speak louder than Words”. The minister made no charge for the marital ceremony which John (had) offered to pay.

When the fine old wife assisted Marita in changing back into her male attire and all ready, the “goodbye” and “good luck” words were exchanged, John and Marita boarded a stage coach (which was) luckily on its way down old Mississippi River side some thirty miles distant where lived a relative of John’s parents.

Looking ahead John said to Marita mostly in signs, “See those people. Here’s where we get off.” John had paid their fare which was very cheap. Satchel in one hand and Marita in the other, they had but about (a) two hundred yards walk before reaching their destination.

Marita had seen most of the larger members of her new relatives….and had quite well learned the art of kissing i.e. his sisters, the old couple where they were married from John.

When they arrived at the home of said relatives and scarcely before John could break the news to them, Marita proceeded with great ecstasy in kissing the entire family of men, women, and children.

Someone …..remarked concerning Marita’s odd salute, but the mother of the household whose soul of age and experience had delved far deeper in to the graces of the human heart mildly said to the intruder, “Be still! Whoever has seen in this or any other home, such appreciation and thankfulness and gratitude to John and his people and satisfaction in herself as is her shown in the childlike innocence of this Indian girl. Much better off would the world be today had it more of the genuine sincerity of spirit of one whose full heart cannot express in words but her actions have told it all”

May the event of this day
Find a resting place in our heart
In the path may we ever stay
Where Angels tread and ne’er depart

Further history of the plucky and spirited young John Nees and his ever faithful Indian girl bride, Marita, seems never to have been inscribed on the annals of time. Except it is said (that) they reared a large family of children, the eldest son of which was named John, ….he married a white girl and they in turn reared a large family of quarter breed Cherokee Indian blood. According to custom they handed down to their oldest son the name John. Following were his two brothers James and Elias.

Although history of the constant John and his faithful sweetheart Indian bride Marita could not be carried on down through the annals of time,… the observer reading between the lines of their past as has already here been inscribed may well follow on in lofty pride in the ever-faithful young John as he watched his odd but dear companion, the idol of his heart, as she rapidly advanced in the English tongue and in the ways and means of a dutiful housewife. Oh with what joy and gladness it would be to him to her and for their dear children in the making for all a home, sweet home. How her bosom heaved with passionate love while her little ones, standing about her knees, look up into her face as she listens to their innocent, sweet and childish prattle.

Hearing that land in what was known as the new state of Illinois, which was both settled and admitted into the Union in the same year, 1818, and ….land was selling at one dollar and twenty-five cents and acre….induced the ….John, James, and Elias grandsons of …John and Marita Ness to move East which brought them in the neighborhood of the ….three Lemmons daughters, Eliza, SARAH,and Elizabeth Lemmons, better known as Liza, Sally and Betsy.

…In due time (living close to each other) resulted in the marriage of these three Nees brothers to the three Lemmons sisters, which relation of marriage was indeed a rare coincidence.

If you’re related to the Nees or Lemons family or have more information about the connections of time and people included in this story, I’d love to hear from you. Please leave a comment below or email me directly from the About Us page.