Hardy Shelton was born enslaved in 1815 or 1818 in North Carolina and was brought to Rome, Georgia as an enslaved person. Mary Bearden Shelton was born enslaved in Coweta County, Georgia in about 1832. It is believed that Mary and Hardy met and married while enslaved.
Mary’s ethnic identity was a focal point in her life. In testimony before the Eastern Cherokee Court of Claims in 1908, Mary Shelton stated that her mother, Lucy Bierdan, had been enslaved in Virginia, brought to Georgia and then sold. Mary testified that Lucy's father was an enslaved half-Cherokee man. Mary Shelton was denied Eastern Cherokee status by the commission as it believed her grandfather was not a part of any treaty agreements due to his enslavement status.[2]
[2] Ancestry.com. U.S. Records Related to Enrollment of Eastern Cherokee by Guion Miller, 1908-1910 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2014.
For an exploration of the enslavement of Cherokee people, see Tiya Miles's 2008 article "The Narrative of Nancy, a Cherokee Woman"
The U.S. Court of Claims ruled in favor of the Eastern Cherokee Tribe's claim against the U.S. on May 18, 1905. This resulted in the appropriation of $1 million to the Tribe’s eligible individuals and families. Interior Department employee Guion Miller created a list using several rolls and applications to verify tribal enrollment for the distribution of funds.The applications received documented over 125,000 individuals; the court approved more than 30,000 individuals to share in the funds.