[Letter], 1858 Mar. 1, Washington City [to] Jacob Thompson, Secretary of the Interior / W[illia]m H. Thomas

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Washington City
March 1, 1858
Hon Jacob Thompson Sec [Secretary] of the Interior
Sir
I have the honor herewith to submit a communication addressed to you by the delegation at present in Congress from the State of North Carolina with reference to the North Carolina Cherokees giving it as their opinion that the state has already enacted laws permitting the Cherokees therein referred to, to remain permanently in the State in compliance with the proviso to the act of
1855.


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In addition to what is stated in their communication I beg leave to refer you to the act of
1783. That act secured to the Cherokee Indians to remain in the state"for ever". The subsequent treaties of
1817,
1819,
1835, and
1846, did not abrogate the provisions of the act of
1783, but on the contrary extended them in such manner as to require those Indians to be recognized as Citizens of the state and of the United States, This has been done as will see by reference to the census of the state of North Carolina taken in
1850, on file in your office.


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Upon that census the Legislature of North Carolina has already acted. The members of the Legislature have been apportioned among the several counties in the State agreeably thereto. Thus to the fullest extent recognizing at least the Cherokees of Jackson County and the principal part of these remaining in the other counties as citizens. And certainly when recognized as citizens of and by the state it will not be contended [unclear text: the ] it is necessary that the Legislature should legislate on the subject of their permanent residence in the state. Can any one doubt that a citizen of the [word omitted]


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have without legislation the right to remain permanently in the state. If they are admitted to posses [possess] the former right the latter follows as a consequence resulting from the former.
It is submitted that evidence is now furnished for your action that was not before your predecessor when he decided on the Construction of the Act of
1855. The first letter of the Governor of North Carolina on which he acted [unclear text: embraced ] a part but left out the most important Acts of the Legislature with reference to these Indians. The Act of
1873, the resolution and act of
1845, and the fact that those Indians by an act of the Legislature had been recognized as citizens of the State and placed on the census roll and all new [illegible text]

Your obt servt [obedient servant]
[Signed] Wm. [William] H. Thomas
PS also the present opinion of the [unclear text: Governor is ]

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