- Collection:
- Southeastern Native American Documents, 1730-1842
- Title:
- [Letter] 1857 Feb. 9, Raleigh to Tho[ma]s Bragg [Governor of North Carolina] / W[illia]m H. Thomas. [Letter] 1857 Apr. 2, Raleigh [to] W[illiam] H. Thomas / Th[omas] Bragg
- Creator:
- Thomas, William Holland, 1805-1893
- Contributor to Resource:
- North Carolina. Governor (1855-1859 : Bragg)
- Date of Original:
- 1857-02-09/1857-04-02
- Subject:
- 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 document is a copy of correspondence between William H. Thomas and Thomas Bragg, Governor of North Carolina. In the first letter dated February 9, 1857, Thomas requests a copy of a resolution of the North Carolina Assembly and desires an opinion on the rights of Cherokees in that state, specifically with respect to treaties and acts passed between 1783-1848. The second letter is Bragg's reply to Thomas dated April 2, 1857, containing a copy of the resolution in question, passed in 1845. Another (possibly the original) copy of Governor Bragg's reply enclosing the requested resolution also appears in the Southeastern Native American Documents Database as wtp075.
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:
- wtp073
- External Identifiers:
- Metadata URL:
- https://dlg.usg.edu/record/dlg_zlna_wtp073
- Digital Object URL:
- https://dlg.usg.edu/record/dlg_zlna_wtp073#item
- IIIF manifest:
- https://dlg.usg.edu/record/dlg_zlna_wtp073/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:
- 5 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 17, document 01.
- Holding Institution:
- Hargrett Library
- Rights:
-
Page: [1]
[added text (appears to be different ink ): (Copy) ]
Monday 3 A.M. Raleigh
Feby. [February] 9, 1857
To his Excellency Thos. [Thomas] Bragg
Sir
May I ask of you the favor to furnish me with a copy of your letter to the Secretary of the Interior in relation to the North Carolina Cherokees, also a copy of the Resolution passed in favor of the Qualla Town and Buffalo Towns Indians in
1845 in which those Indians are recognized as citizens. And permit me to ask your opinion upon that Resolution, when taken in connection with the act of
1783, and the acts to which you have referred, and the treaty of
1846, do not establish the following facts. 1st that those Indians as far as they have complied with the provisions of the 8th Article of the treaty of
1817, the 2d [2nd] article of the treaty of
1819, the 12th article of the treaty of
1835, and 9th article of the treaty of
1846, and the subsequent act of Congress, passed
July 29th 1848, have
Page: [2]
the right to remain in the State while they continue peaceable citizens, and that the right to do so, has been recognized by the Legislature of the State under the treaty, which by the Constitution of the United States is made [deleted text: is made ] the Supreme Law of the Land "any thing in the Constitution or laws of any State to the contrary notwithstanding"
Your Obt Servt [Obedient Servant]
[Signed] Wm. [William] H. Thomas
P.S. When I reach home I will send you decisions of the Attorney General and Secretary of War on this question.
Executive Office, Raleigh,
April 2d [2nd] 1857.
Sir,
On the other side of this sheet you have a copy of a Resolution passed by the General Assembly on the
9th of January 1844-
-5 ; I do not suppose [added text: that ] you want a copy certified by the Secretary of State.
I was not aware of the existence of
Page: [3]
this Resolution, when I wrote my letter of the
26th of September 1855, to the Secretary of the Interior. It goes to strengthen what I then said, as to the State's permitting the Cherokee Indians to remain here, or rather assenting to the same.
From the examination that I have been able to give the subject, not very thorough I confess, I should say that the Indians who have complied with the terms of the several treaties of
1817-
1819,
1835,
1846, and the act of Congress of
1848, have a right to remain in North Carolina. The State has not in terms assented to their remaining, but she has done so indirectly in various ways, and very decidedly in the annexed Resolution.
You promised to send me the opinion of the Attorney General of the U. States. I have not received it. Mr [unclear text: Cowper ] sent the copy of my letter some weeks since, and I would have answered before, but was expecting to
Page: [4]
hear from you.
Very Respy [Respectfully], Yours
[Signed] Th [unclear text: h ] [Thomas] Bragg The above is a true copy from the Governor's Letter Book.
[Signed] Pulaski Cowper Private Secty. [Secretary]
W. H. Thomas Esq. [Esquire]
Resolutions relating to the Cherokee Indians residing in North Carolina.
Resolved, that our Senators and Representatives in the Congress of the United States are hereby requested to use their influence, in favor of obtaining a speedy settlement of the first claim of the Cherokee Indians residing in this State, belonging to the towns of [unclear text: Qualla ] and Buffalo and of all other Indians who may demean themselves as peaceable and orderly citizens.
Resolved further, That his Excellency the Governor be requested a copy of the foregoing Resolutions to our Senators and Representatives in Congress.
(Ratified the
9th January 1845)
Page: [5]
A. [added text (appears to be different ink and hand): y 270 ]
Decision of the Governor of North Carolina, on the rights of the Cherokee Indians to remain in the State.