- Collection:
- Southeastern Native American Documents, 1730-1842
- Title:
- [Letter] 1854 Dec. 13, New York [to William Holland Thomas] / Ben E. Green of an image
- Creator:
- Green, Ben E. (Benjamin Edwards), 1822-1907
- Publisher:
- Manuscript held by the Special Collections Library, The University of Tennessee, Knoxville, TN, MS2058 William Holland Thomas, box 1, folder 2, document wt181.
- Date of Original:
- 1854-12-13
- Subject:
- Cherokee Indians--Claims
Cherokee Indians--Government relations
Cherokee Indians--Legal status, laws, etc. - Location:
- United States, North Carolina, 35.50069, -80.00032
- Medium:
- business letters
- Type:
- Text
- Format:
- text/html
image/jpeg - Description:
- This is a letter to William Holland Thomas from Ben E. Green, dated December 13, 1854. Green discusses the decision of James Guthrie, U.S. Secretary of the Treasury, relative to Eastern Cherokee claims, especially the legal fees due himself and Thomas. He conjectures that Guthrie may revoke his decision if the case is properly presented to him and puts forth ideas for further legal action.
Digital image and encoded transcription of an original manuscript, scanned, transcribed and encoded by the University of Tennessee, Knoxville Libraries in 2001, as part of GALILEO, funded in part by a grant from the Institute of Museum and Library Services. - Local Identifier:
- wt181
- External Identifiers:
- Metadata URL:
- https://dlg.usg.edu/record/dlg_zlna_wt181
- Digital Object URL:
- https://dlg.usg.edu/record/dlg_zlna_wt181#item
- IIIF manifest:
- https://dlg.usg.edu/record/dlg_zlna_wt181/presentation/manifest.json
- Language:
- eng
- Bibliographic Citation (Cite As):
- Cite as: [title of item], MS2058 William Holland Thomas, Special Collections Library, The University of Tennessee, Knoxville, TN, presented in the Digital Library of Georgia
- Extent:
- 3 pages/leaves
- Holding Institution:
- University of Tennessee, Knoxville. Special Collections
- Rights:
-
Page: [1]
New York
Dec 13. 1854.
Dear Sir.
Yours of the
7 was received on Monday, at Washington. I left the same evening being summoned here by telegraphic despatch [dispatch] .
I understand from yours that Mr Guthrie has decided that under the act of
1848, the interest stops as fast as the Indians die.
What then do they do with the principal, viz: $53.33? Do they confiscate it? Or do they pay it over the heirs, administrators, or other legal representatives of such deceased Indian? If so we are assuredly entitled to our fees; for the percentage allowed by [unclear text: Mr ] Whittlesey to us was expressly on the $53.33, and the interest up to the date of the act, which last has been paid to the Indians. We do not claim any fee on the interest subsequently accruing. It is paid to us out of the subsequently accruing interest because the sum out of which it ought to have been paid to us was improperly paid over to the Indians.
I am well satisfied that when the case is properly presented to Mr Guthrie he will revoke his decision, if indeed you are rightly informed. If he does not there is no necessity of going again to Congress. I would apply at once to the Circuit Court at Washington for
Page: [2]
a mandamus, & have no doubt that the Court would at once order the payment of interest in any such case. Mr Guthrie has doubtless overlooked the fact that this money was set aside by Congress in the Treasury in payment of one of the Claims of the Indians under the Treaty. But that same treaty now executed & consummated made those Indians citizens of No [North] Carolina, as long as they choose to remain so. Being citizens of North Carolina, what right has the Sec. [Secretary] of the Treasury to confiscate any sum set apart in the Treasury for their use by Congress? The same & no other that he has to order the sequestration & confiscation of the property of any other citizen of North Carolina who may die, having money in the Treasury of the U.S. set apart [unclear text: to his ] use by an act of Congress.
As soon as I can get back to Washington I will see Mr Guthrie, & have little doubt of obtaining a revocation of this decision. If he does not, shall I apply to the Court for a mandamus?
In mean time [meantime], I trust you will reconsider this matter, & send me a power of attorney to draw the money as the Treasury warrants I now hold.
In haste Yrs [Yours] truly
[Signed] Ben E. Green
I am not yet married nor is there any prospect of it.
Page: [3]
B. [Ben] E Green
Newyork
Dec 13.
in relation to power of attorney sent