- Collection:
- Southeastern Native American Documents, 1730-1842
- Title:
- [Letter] 1839 July 19, Washington City, D.C. [to] W[illia]m H. Thomas, Scotts Creek, Haywood [County], N[orth] C[arolina] / C[arey] A. Harris of an image
- Creator:
- Harris, Carey A.
- Publisher:
- Manuscript held by the Special Collections Library, The University of Tennessee, Knoxville, TN, MS2058 William Holland Thomas , box 1, folder 2, document wt186.
- Date of Original:
- 1839-07-19
- Subject:
- Cherokee Indians--Government relations
Cherokee Indians--Relocation
Cherokee Indians--Treaties
United States. Office of Indian Affairs - 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 C. A. Harris, Commissioner of Indian Affairs, dated July 19, 1839. Harris writes in regard to the rights of the Cherokees remaining in North Carolina. Harris informs Thomas that the Cherokees in that state have an interest proportionate to their number in all the stipulations of the Treaty of New Echota (1835). A copy of the decision of the War Department, to which Harris refers, is enclosed with the letter. The decision gives the Cherokees the right to remain East or remove West, if they so desire, and it also provides them with funds for removal and subsistence.
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:
- wt186
- External Identifiers:
- Metadata URL:
- https://dlg.usg.edu/record/dlg_zlna_wt186
- Digital Object URL:
- https://dlg.usg.edu/record/dlg_zlna_wt186#item
- IIIF manifest:
- https://dlg.usg.edu/record/dlg_zlna_wt186/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:
- 4 pages/leaves
- Holding Institution:
- University of Tennessee, Knoxville. Special Collections
- Rights:
-
Page: [1] 21
The foregoing agreement signed by the Delegation who concluded the treaty as explanatory of the rights of those intended to remain under the provisions of the 12th article, and embracing their claims as provided for by all the Stipulations of the treaty, on the
4th of July 1836 I submitted to the Commissioner of Indian Affairs, and asked to be informed if approved by the Department and received thereto the following answer.
War Department Office of Indian Affairs
July 19, 1836
Wm. [William] H Thomas Esqr. [Esquire] Scotts Creek Haywood NC
Sir
your Communication of the
4th inst [instant] has been laid before the Secretary of War, with the accompanying doccuments [documents] relating to the interest of the Cherokees, residing in the state of North Carolina, in the treaty of
Dec 29, 1835
I am instructed to inform you that the Cherokees in North Carolina have an interest proportionate to their numbers in all the Stipulations of that treaty
Very [illegible text]
(signed)
[Signed] [added text (appears to be different ink): C.A. Harris ]
A true copy from the records.
T. R Cruttenden
clk Ind Off [clerk Indian Office]
Page: [2] 22
This decision of the War Department embraced therein all the Claims of the Cherokees remaining east of the Mississippi river. for improvements, Spoliations, Commutation for removal and subsistence, Compensation for reservations required to be relinquished, [deleted text: and ] per capita, and [deleted text: also ] lands and permanent funds of the nation west, as all were embraced in the Submission, and are Comprehended in the Stipulations of the treaty in which by the decision they are adjudged to have an equal interest proportioned to their numbers. The following letter shows what was required of Cherokees desiring to remain east. Instructions from the War Department office of Subsistence, to the superintendent of Cherokee removals, under date of
July 28.th 1836, "9 enrolling Books will be prepared, in which will be entered the Substance of the treaty recently formed; and a clause Shall then be added, signifying the choice of the signers as to the time of removing under the treaty or whether they would prefer to become citizens."
The Cherokees desiring to remain in the state of North Carolina under the provisions of the 12th article of the treaty, in order to ascertain if the State had any objections to their availing themselves of that privilege, in the month of
December 1836 sent a memorial to the General Assembly then in session. in which they first acknowledge the unexamp [unexampled] kindness of that State to the Indians within her charter, Second [added text (appears to be different ink):, ] they desired to be permitted to remain Subject to her jurisdiction, and that they be allowed to remove west to their home in that Country as they made it their choice, Third [added text (appears to be different ink):, ] removal, and Subsistence. allowance. provided for them by the treaty would be reserved for that purpose, and as evidence of their rights thereto accom
Page: [3] 23
panied the petition with the letter containing the decision of the War Department on their claims bearing date
July 19, 1839. before refered [referred] to. and if they State was willing they should remain as requested. desired the passage of such laws for their protection as the Legislature deemed necessary to take effect in
May 1838, after the expiration of the time provided in the treaty for the removal of the nation
In compliance with the prayer of the foregoing petition the following law was passed.
An Act to prevent frauds on Cherokee Indiansresiding in this State
Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the Same That all Contracts, and agreements of every description made after the
18th of May one thousand eight hundred and thirty eight, with any Cherokee Indian, or any person of Cherokee Indian blood, within the Second degree, for an amount equal to ten dollars or more, shall be null and void, unless some note or memorandum thereof be made in writing and Such Indian or person of Indian blood, or by Some other person by him authorised [authorized], in the presence of two creditable witnesses, who Shall also Subscribe the same. ratified
January 21, 1837, see Chap. [Chapter] 8, Acts of
1836 &
7.
Page: [4] 24
Letter of the Hon [Honorable] C A Harris Com [Commissioner] Indian Affairs
Washington City DC
July 19, 1839
Containing a decision of the Department on the rights of Cherokees remaining in NC [North Carolina]