- Collection:
- Southeastern Native American Documents, 1730-1842
- Title:
- [Letter] 1849 Feb. 1, General Agency at Washington [to William H.?] Thomas / Ben E. Green
- Creator:
- Green, Ben E. (Benjamin Edwards) 1822-1907
- Date of Original:
- 1849-02-01
- Subject:
- Cherokee Indians--Relocation
Cherokee Indians--Treaties
Seneca Indians--Claims against - Location:
- United States, 39.76, -98.5
- Medium:
- letters (correspondence)
- Type:
- Text
- Format:
- text/html
image/jpeg - Description:
- This document is a letter, dated February 1, 1849, from Ben E. Green to (William H.?) Thomas, regarding a recent Supreme Court decision in the reservation case of Henderson and Callaway v. Tennessee and its importance with respect to Cherokee title under an unnamed treaty signed between the U.S. and the Cherokees in 1817, and Cherokee removal. Also mentioned is an unspecified claim against the Seneca Indians.
Digital image of original manuscript, scanned by the University of Georgia Libraries in 2000, as part of GALILEO, funded in part by a grant from the Institute of Museum and Library Services. - Local Identifier:
- wtp037
- External Identifiers:
- Metadata URL:
- https://dlg.usg.edu/record/dlg_zlna_wtp037
- Digital Object URL:
- https://dlg.usg.edu/record/dlg_zlna_wtp037#item
- IIIF manifest:
- https://dlg.usg.edu/record/dlg_zlna_wtp037/presentation/manifest.json
- Language:
- eng
- Bibliographic Citation (Cite As):
- Cite as: [title of item], William H. Thomas Papers, Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries, presented in the Digital Library of Georgia
- Extent:
- 2 pages/leaves
- Original Collection:
- Manuscript held by the Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries, William H. Thomas Papers, box 01, folder 10, document 01.
- Holding Institution:
- Hargrett Library
- Rights:
-
Page: [1]
[ Note: This document contains both written and printed text. ] [printed text: GENERAL AGENCY AT WASHINGTON. ]
[printed text: DUFF GREEN, BEN. E. GREEN, } ATTORNEYS AT LAW. ]
[printed text: Practice in the Courts of the District of Columbia and Supreme Court of the United States. ]
Have made arrangements for the prompt execution of any law or agency business in the Southern and Western States, and the Territories.
Attend promptly to Claims before Congress, or any of the Departments at Washington; including Soldiers' Claims for Bounty Lands, Pensions, &c. [et cetera] Claims arising under the revenue laws, for return of duties, &c. [et cetera] &c. [et cetera]
[printed text: Address as above, postage paid. Towers, print ]
Washington
1 Feb 1849.
Dear Thomas.
In the reservation case of Henderson & Callaway vs Tennessee the Supreme Court stood 7 to one in favor of their title; Catron only dissenting.
[deleted text: [unclear text: Judges Ca ] ]
A question was raised, however, by one of the Judges (Catron, I suppose) in consultation, as to whether the record sufficiently set forth that we claimed under a treaty of the United States, so as to give to the Sup [Supreme] Court Jurisdiction of the case. On this point the Judges stood four to four. Judge Taney not sitting, and the judgment of the Sup. Ct [Supreme Court] of Tennessee was accordingly affirmed by a divided bench.
I immediately filed a petition for a rehearing, which will be called up tomorrow, and hope that it will be granted. If so, and Judge Taney goes with us on the question of Jurisdiction, we gain the case. If he does not, all we have to do is to do is [to do is]
Page: [2]
to bring a new action of ejectment, and take care that [deleted text: it ] it shall sufficiently appear in the record that we "claim under the Treaty of
1817 between the U. S. and the Cherokees."
The omission of [deleted text: these ] words to this effect in the Bill of Exceptions is the only obstacle to our maintaining ourselves in this action
It may be well for you to know that the Judges stand seven to one in favor of the title of Aud. Miller's children: and that a title acquired by registry & residence can only be lost by one act, the voluntary removal of the head of the family. Whether that removal means a removal to the Cherokee Co. [Country] West, was not a question. that could arise in this case, and of course has not been & could not be decided by it.
When do you think you will be here? All well -- nothing new.
Have you heard anything recently from your hemp man in Missouri-
You said that some one concerned with the Seneca Indians would be here this winter, and would assist you in making good Owen's claim against them. Who was the person & how was it to be done.
Yours truly
[Signed] Ben E Green.