Saline Courthouse, Leach

Source document Quoted word for word from HABS OKLA,21-ROSE.V,1-. Not written, edited or summarised by this site.

This simple frame structure i s the last remaining representative of the system of district courts of the Cherokee Nation. As such it is a reflection of an aspect of jurisprudence ra re in American history: a court operating within the United States, but for most of its existence subject only to the Cherokee Constitution, and not to the United States Government; the judiciary of a civilized people who regarded themselves as sovereign, and as a peer of the United States. PART I. HISTORICAL INFORMATION A. Physical History: 1. Date of erection: 2. Architect: Not known. 3. Original and subsequent owners: The following is a complete chain of title for the property on which the structure now stands.

Reference is to the office of the County Clerk, Delaware County Courthouse, Delaware County, Oklahoma. Records are unavailable for title to the property prior to since there was no private ownership of land within the Cherokee Nation, the National Council successfully resisting allotments in severalty by the Government of the United States until in preparation for the final dissolution of the Cherokee Government, and the coming of statehood: Reference is to the abstract on file for the property with Warranty Deed Florine Ransom to State of Oklahoma 21 Dec SALINE COURTHOUSE HABS No. OK-33 (Page 2) ABSTRACT OF TITLE NO.

compiled by the GRAND RIVER ABSTRACT AND TITLE COMPANY BONDED ABSTRACTERS JAY, OKLAHOMA "a tract of land lying in lots 3 and 4 of section 18 T 20 north Range 22 east, Delaware County, Oklahoma" Allotment Deed Cherokee Nation to Felix M. Teehee May 28, recorded Book 12, p. records of Commission to the Five Civilized Tribes, Mukogee, OK. Filed Dec, 8, Book C, p. 17, Clerk's office, Delaware County Warranty Deed Felix M. Teehee and wife to Delia Wilson August 25, recorded August 28, Book 18, p. 162 Quitclaim Deed Delia Wilson to Felix Teehee August 8, August 10, , Book 19 p. 467 Warranty Deed Felix M. Teehee and wife to John M. Phillips July 30, Aug. 13, Book 14, p. 240 Allotment Deed Cherokee Nation Annie M. Toney, enrolled as Annie M, Teehee March 30, May 17, Book 70, p. 130 Dec.

8, Book D, p. 406 SALINE COURTHOUSE HABS NO. OK-33 (Page 3) Order Confirming Sale of Real Estate Joe I. Wilson, Guardian for the estate of Ethel J. Wright, a minor to Delia Wilson 16 Sept., filed Sept. 20, Book 2, p. 197 Warranty Deed Delia Wilson and Husband to Grand Lodge Independent Order of Odd Fellows of Grand Jurisdiction of Indian Territory for the use and benefit of same Lodge and to the school district no. 63 Sept. 11, Oct. 23, Book 18, p. 262 Warranty Deed D. Wilson and husband to John M. Phillips Aug. 8, Aug. 19, Book 25, p. 394 John M, Phillips and Poca Phillips, his wife to John R. Phillips Nov. 27, Jan 15, Book p. 490 Quitclaim Deed H. B. Rogers, S. I. Wilson and Frank Lovette Trustees of Elm Lodge IOOF and successors to the trustees of Saline Lodge IOOF to John R.

Phillips Feb 19, July 21, Book 75, p. 447 Quitclaim Deed Ethel J. Harris, formerly Ethel J. Wright to John R. Phillips July 20, Aug. 21, Book 92, p. 12 SALINE COURTHOUSE HABS No. OK-33 (Page 4} Warranty Deed John R. Phillips and Ella Phillips to S. W. Perkins Oct. 28, Nov. 6, Book 90, p. 536 Warranty Deed Felix M. Teehee and Moody M. Teehee to S. W. Perkins Sept. 5, Sept. 5, Book p. 515 Joint Tenancy, Warranty Deed Vinnie Perkins Lindgren and Fred Lindgren to Lee Ransom and Florine Ransom Jan. 25, May 17, Book p. 536 4. Builder, contractor, suppliers: The builders of the house are unknown, but William 0. Hale, a well known freighter in the area, hauled the wood for the original courthouse from Fort Smith, Arkansas. 5.

Original plans and construction: On November 20, the Cherokee National Council passed an act to provide the nine districts of the nation with comparable structures in which to hold district court. The Council and the districts issued specifications by which these were to be built (one published set of specifications appears in the following paragraph, for a district other than Saline), but there was no assurance that the wishes of either jurisdiction would ultimately be carried through. The Saline structure seems to have been originally built to comply with the specifications. Its plan was originally the requisite twenty by thirty one feet. The structure as it stands now is approximately twenty feet longer (to the south) than when it was first built.

The north portion of the present building is the original courthouse. The entrance was in the present north wall, where the fireplace now stands. There was an unroofed porch or veranda before this, with three steps leading to the door. There was no interior stair at that time, but one on the east exterior wall runs from north to south, with an entrance to the second floor at the top and one to the first below, beneath the stair. The court was held in the large south room of the second floor, (the present plan of this portion of the structure^ the exception of the interior stair, seems to be original. However, according to Tulsa World article, the upstairs was originally divided to only two rooms), the downstairs rooms being for assembly and waiting. SALINE COURTHOUSE HABS No.

OK-33 (Page 5} The following excerpt from Indian Chieftain describes contract bidding and construction specifications: "Court House Will be Sold According to a recent law passed by the Cherokee Council at the last session and approved by president Roosevelt, the nine court houses will be sold to the highest Cherokee citizen bidder on the of February next. The stray agent for the several districts are,..agents for the disposal of the district court houses, and they have advertised...above date.

Isbeit.,.of this city, stray agent for Delaware District will sell the Delaware district court house four miles south of Grove to the highest bidder as per law above mentioned." VINITA INDIAN, CHIEFTAIN, February 21, page 2 column 4 Notice to Contractors "By authority of law entitled "An Act Making an Appropriation to build Court Houses in the several District of the Nation", we the undersigned committee will let to the lowest bidder, on Saturday, the 22d day of March, the contract to build a Court house in Cooweescoowee District, near the old court- house. No bids received over one thousand dollars. The person taking the contract will be required to give bond and security for a complete and faithful fulfillment of the contract.

House to be completed by the first Monday in May, The committee have the right to reject any and all bids. The house sail (sic) be of the following dimensions and specifications; of wood or stone, to wit: twenty one feet in width by thirty three feet in length, two stories high with walls sixteen feet, one room in the lower storey and four rooms in the second storey, connected by a flight of stairs from the inside. To be furrn'shed inside of ceiling with raised platform, jury box and bar, with two doors below and one door to each room above; with eight windows, eight lights 10 x 16 each, above and below and the whole painted inside and out with lead and oil and covered with first class shingles.

Further specifications...18 inches below the surface of the ground 18 inches thick...post oak sills, squaring 8 x 10 inches, hewed on four sides, mortised, tenoned and pinned together. Studding, 2 x 6, 16 feet long and SALINE COURTHOUSE HABS No. OK-33 (Page 6) tenoned to sills, double plated with...something on top, braced on outside with yellow pine boards. ..notched in studding and sills lower joists 2 x 10, 20 inches from center to center, supported in center by dry stone piers and one row of bridging on each side all floors to be best yellow pine, dressed, tongued and grooved, six inches wide by one inch thick two doors for first story, something by six feet inches thick (maybe 2 ft. 10 in. by 6 ft. 10 in. L four doors.- for second story 2 ft. 8 in. by 6 ft.

something and something thick. All windows to be good something sash with wieghts (sic) and locks All door and window sills to be of good yellow pine (2 x 3). Doors to be hung with x loose pin bolts Lower doors to be fastened with heavy...lock...upper doors with best... locks. Lower story to be of nine feet clear with four feet wainscoting and a top piece with moulding under it, the balance of the wall lathed and plastered..-two coats of hard finish, ceiled overhead with best 5-8 inch ceiling. Second floor joists 2 x 16 resting on 1 x 6 yellow pine boards, notched and spiked to studding placed 16 inches from center to center...(further specifications call for hipped roof and dormers (8) "with valleys tinned)" (.Col, 3, Jan. 16, 6. Alterations and additions: Joe I.

Wilson bought the courthouse about having owned other buildings on the property, most particularly the Teehee and Badgett store to the west of the courthouse. He may have extended the building to the south, but there are indications that this had already been done when Wilson occupied the building. He built the porch along the west side. Wilson moved his store into the first floor of the court- house, and used the second floor for living quarters. John Phillips bought the building in for use as a residence. The north room was the living room, the large south room was the dining room, and the small room on the far south end was the kitchen. All upstairs rooms were bedrooms. Indoor.plumbing was added to the courthouse in the twenties or thirties, probably by S. W.

(Grandpa) Perkins, who bought the courthouse in Perkins closed the north entrance and built the present stone fireplace, and moved the stair indoors. He is also said to have built the stone springhouse and retaining wall just northwest of the building. Historical Context: The Cherokee Constitution, enacted and approved in made comprehensive provision for the establishment and functioning of the Judiciary within the Nation. Among the provisions was one for local courts for the then eight districts of the Nation. These district courts were served by regular judges elected for a term of two years, and had jurisdiction over misdemeanors and civil cases involving less than one hundred dollars.

Most cases held right of appeal to the Supreme Court in Tahlequah, Sessions began on the first Mondays of January and July. SALINE COURTHOUSE HABS No. OK-33 (Page 7) The National Council further provided for places of holding court for the various districts over the years, and in enacted a law appropriating funds for a uniform set of courthouses in the nine districts. The present Saline Courthouse is the only remaining structure of all the district courthouses. The seat of district government embodied in the Saline Courthouse had been moved three times. In it was near the property of Samuel Bell; in it was moved to the Joseph Riley property; in to "Little Davids;" and finally between and the present building was constructed near the spring and home of Joseph Teehee.

Numerous prominent Cherokee served as presiding judge of the Saline district court. They were: Bluford West Bird Doublehead and John Mclntosh Benjamin B. Wisner Joseph V. Chugan Archibald Vann David Rowe, and Andrew Ross Not known Charles Wickliffe and Saturday Vann suspended Redbird Sixkiller, June 6, replaced Saturday Vann Saturday Vann Elowie Not known Coffee Blackbird George Washington Scraper Carter Daniel Markham Henry Clay Ross Coffee Blackbird died replaced by Charles Wickliffe, died, replaced by George Feeling David Welch Ragsdale Henry Clay Ross and Edward Sylvester Adair (From Emmet Starr, Starr's History of the Cherokee Indians, p. While court was in session there was normally a large number of district residents present, both as involved parties and disinterested spectators.

To serve these a small community grew up around the courthouse, which included a large general store, a blacksmith shop, a "church or two," a doctor and a school (Morgan, p. Today only the courthouse and the springhouse remain. SALINE COURTHOUSE HABS No. OK-33 (.Page ,8) This particular site is most remembered for a "massacre" which occurred there on September 20, A shopkeeper of some prominence was shot by an unknown assailant. Dave Ridge, the district sheriff, had a particular suspect in mind, recalling certain grievances between the shopkeeper and the suspect, and went to interview him regarding the murder. During the discussion the suspect bolted and Ridge was shot and killed in the pursuit.

Jesse Sunday, the incumbent sheriff who had been or was about to be replaced by the newly elected Ridge, formed a posse and was killed during the pursuit. There were never any conclusion drawn about the case, and it remains open. Local historians speculate that the first government acreage payment to the Cherokee (.from the sale of the so-called Cherokee Strip) was made at the courthouse in but evidence is inconclusive. PART II. ARCHITECTURAL INFORMATION A. General Statement: 1. Architectural character: The building was one of the several district courthouses built during the years of the Cherokee Nation, and is the only courthouse remaining to this day. Its architectural design is of plain, severe taste, consisting of a gable roof, unadorned windows and siding painted white. 2.

Condition of fabric: Very good. B. Description of Exterior; 1. Overfall dimensions: The two-story, rectangular-shaped building measures 57' ~ 5" x 25' - On the front elevation the first floor is six bays and the second floor is five bays. 2. Foundations: Uncoursed limestone is laid in mortar under the front and rear facades, but stacked without mortar under the end walls and under the porch. The right side (kitchen) floor joists under the first floor are further supported at about midspan with short 2" x 4" inch posts resting on large rocks. 3. Walls: The walls are of frame construction: sawn studs, beams and joists nailed together, and covered in weatherboarding which is four to five inches wide, painted white.

The weather- boarding is fastened in place throughout with wire cut nails; less attention being given to the right hand side of the building in terms of neatness and care in carpentry. It seems likely that the whole building was re^sheathed when the double windows were installed, presumably after the turn of the century. 4. Structural system, framing: The sawn floor joists rest on sawn wall plates, and span the depth of the house. SALINE COURTHOUSE HABS No. OK-33 (Page 9) 5. Porch, stoops: Two poured concrete steps, about six feet wide, provide the entrance to a single-story porch which stretches across the entire front facade. On the bottom of rock piles are the 1" x 4" joists, which support the porch floor of tongue- and-groove boards.

Seven square columns of boards, painted white, support the hipped roof. The ceiling and eave overhang are covered in novelty board siding. On the rear facade to the extreme left in front of the kitchen door, is a three-step plank stoop. 6. Chimneys- The building has three chimneys: one of stone and two of brick. The first is an exterior chimney rising alongside the exterior of the left side wall, of scabbed, coursed ashlar lime- stone, on a concrete pad support. The rear of this chimney quickly narrows with stepped shoulders to an attentuated flue. The two other cfiTmneys of brick rise along the interior of the rigfit side wall and through the center of the building to above the ridge of the roof.

They are built upon frame stands and are covered in novelty siding in the kitchen and entrance hall, respectively. They were made to serve as flues, probably for wood-burning cast-iron stoves. 7. Openings: a. Doorways and doors: The front door, a recent replacement, has in it a single large vertical pane of glass of which the lower half is covered with plywood. It has a simple enframement of plain four^inch wide boards. There are three rear doors. That on the extreme left, facing the rear facade, leads to the kitchen; it is a two-sash panel over two-panel door. Leading from the; dining room is a single-sash over three-cross panel door, and lastly, from the rear of the staircase alcove, is a four-panel door, which is probably original.

Both the dining room and the staircase alcove doors have screen doors, with scrolled brackets at the corners. All doors have plain molded trim. b. Windows: All windows have wooden single pane double-hung sash, although some are narrower than others. Two windows are coupled together on the left side of the front first floor. 8. Roof: a. Shape, covering: The simple gable roof, with its steep pitch, is covered with gray asphalt shingles, as is the roof of the porch, b. Cornice, eaves: The eaves are simply boxed. There is no cornice, although a wide board has been placed under the eaves and under the gable ends. SALINE COURTHOUSE HABS No. OK-33 (Page 10) C. Description of Interior: 1. Floor plans: a.

First floor: The front entrance, in the third bay to the left, opens into a large transverse entrance hall. This hall is flanked by a parlor on the left, and the dining room on the right, beyond which is a small kitchen. Behind the entrance hall, on the rear of the building, is a bedroom which has been added, and to its left, accessible only from the entrance hall, is the stairway alcove, b. Second floor; The second floor has been divided into a number of bedrooms. At the head of the stairs is a hallway with two bedrooms to the left (.north) front and rear, a closet directly ahead, and a bedroom to the left. A long corridor leads to the south end of the building. The east side Cback) is the bathroom, and beyond this are two large storerooms. 2.

Stairway; The stairway in the center of first floor has a closed string, two-flight arrangement with square newels and plain rectangular balusters supporting a molded handrail. 3. Flooring: The first floor is predominantly 4-inch wide, well-laid tongue-and^groove boarding, although the kitchen is covered with marbelized linoleum pattern. The second floor has a 5-inch wide tongue-and-groove floor, covered in many rooms of the bedrooms with linoleum flooring in foliate patterns. 4. Wall and ceiling finish: The walls and ceilings of the entrance hall, the parlor and the dining room are of novelty boards and 4-inch tongue-and-groove boarding, indiscriminately mixed, and all are painted white. The storeroom, behind the entrance hall and the kitchen, have some wallpaper remaining.

The ceilings are same as above. Upstairs, wide tongue-and-groove boards are used for the walls and ceilings almost everywhere, except in the rooms on either end of the building, which are covered with composition fiberboard, painted white. 5. Doorways and doors: Interior doors throughout the building are enframed with plain boards with rounded edges and plain head boards with narrow cove trim. Five-cross panel doors on either side of the hall provide access to the parlor and the dining room. A four-cross panel door leads to the storeroom-bedroom behind the entrance hall, and same type of this door is used throughout the upstairs section. 6.

Decorative features and trim: The first floor parlor fireplace has a stone firebox, a plain enframement on either side, and a plain mantel supported by three brackets. SALINE COURTHOUSE HABS No. OK-33 (Page 11) 7. Hardware: Decorative cast boxlocks, patented July 21, with marbelized porcelatn knobs and with stamped metal knobs, are used on the bedroom doors in the second floor. 8. Mechanical equipment: a. Heating: Several cast-iron gas burners in the first floor bedroom-storeroom were used for heat; they have been disconnected, b. Lighting: Incandescent lighting is used throughout the building. c. Plumbing: A large sink is in the kitchen. A porcelain- covered cast-iron bathtub with daw~and~ball feet, a small oval-shaped sink and a small flush toilet are in the bathroom.

All of these were probably produced in early century. D. Site: 1. General setting and orientation: The house faces due west, in a clearing at the end of a short drive just off a straight, gravel county road. It is about 3/4 mile from the highway. A cemetery is to the north of the house, and another one, smaller in size, is at the entrance to the driveway. 2. Historic landscape design; Old maple and elm trees surround the property. 3. Outbuildings: A single story, single bay, springhouse of coursed gray ashlar limestone is to the northwest of the house, on the other side of the drive. Battered, paneled columns support the projecting pediment, which has novelty board tympanum, in the bungalow manner.

The frame roof was wood shingled, but has been covered over with present gray asphalt shingles. Two concrete piers flank the axial approach, which is a concrete sidewalk, through the center of a sunken semi-circular garden, which is now neglected. The springhouse has a plywood porch floor, a vertical board and horizontal batten door, and a pressed metal ceiling. PART III-. SOURCES OF INFORMATION A.

Source document Quoted word for word from HABS OKLA,21-ROSE.V,1-. Not written, edited or summarised by this site.

1. Primary and unpublished sources: Oklahoma City, Oklahoma. Indian Archives. Manuscript Records, Proceedings of the Cherokee National Council, Vol. p. 18. SALINE COURTHOUSE HABS No. OK-33 (.Page 12) 2. Secondary and published sources: Morgan, Omer L., "The Saline Courthouse Massacre," Chronicles of Oklahoma, Volume xxxiii, No. 1, pp. Starr, Emmet, Starr's History of the Cherokee Indians, reprint of the edition, edited by Jack Gregory and Rennard Strickland. Fayette, Arkansas: Indian Heritage Association, Tulsa World. Feature article, Tulsa World Sunday, Magazine. October 26, Tulsa World. Newspaper article. "McSpadden Will Dedicate Cherokee Courthouse, Park" by Don Hayden, June 18, Oklahoma City, Oklahoma. Oklahoma Historical Society. Newspaper Archives.

"Notice to Contractors," Vinita Indian Chieftain, February 21, p. 2, col. 4; "Courthouse Will be Sold," The Indian Chieftain, Vfnita, Oklahoma, January 16, p. 2, Col. 3. Laws of the Cherokee Nation. Published by authority of the National Council. St. Louis, R. & T. Ennis, Stationers, Printers and Book Binders. Laws and Joint Resolutions of the Cherokee Nation Enacted During the Regular and Special Sessions of the Years Published by authoriry of the National Council. Tahlequah, Oklahoma: E. C. Boudinot, Printer, PART IV. PROJECT INFORMATION The project was undertaken by the Historic American Buildings Survey (HABS) in cooperation with the Oklahoma Historical Society and the Cherokee National Historical Society.

Under the direction of John Poppeliers, Chief of HABS, the project was completed during the summer of at the HABS Field Offi iiuiiua/, *iv*r,i u. niyy HIS \.UIMVCI 51 i) ui V,IIH.HIMQUI ;, niunuiaon. nui tin CAuburn University) and Roger D. Swayze (University of Oregon), student assistant architects. The written descriptive data was edited for permanent HABS collection at the Library of Congress by Susan McCown, a HABS staff historian in the Washington, office, in the winter of Walter Smalling, Jr. of Heritage Conservation and Recreation Service, U.S. Department of the Interior took the documentary photos of the building in October of