-^^0^ ,Sr 4 O^ o V < ^' N^ -^^0^ .•^q. ■^^ ,v V '^' ^M r-^^. • ^0' ^ V ^ ^^ 2^° Sr .^ V '3lf * n ^<<< <*, '^ ' * r y n ^^ ^ ^o V ^ ^' LETTER TO THK HON. GEORGE E. BADGER, OF THE UNITED STATES SENATE, IS -^ VINDICATION OF THE KKJHTS OF TUB ■ CHEROKEES IN NORTH CAJIOMNA TO THK NEUTRAL LANDS, BY JAMES TAYLOR. W. H. MoOKB, Printer. V <* Vv> T(.> THK HON. GEUiiGI': i;, BAIKIKJI, rXITED STATKS SKXATOR. "Washingtox, January 12, 1854. Sir : I beg leave to call your attention to the followino- expla- nation in re_<2:ar(i to the riii'hts of the North Carolina Chorokccs to the neutral landrJ, so called; which lands where proposed to be re- ceded to the United States by the delegation of AVestcrn Cher- okees sent to this place at the close of the last Congress, fully authorized by the Principal Chief of the nation to negotiate said sale. In the first place, I propose to show, by a part of the mes- sage of the rrinci[>al Chief to the National Council of the Chero- kee nation, which ap[»eared in the National Intelligencer of No- vember 15, 185:}, that hard measures have been assumed by the L'rincipal Chief against a portion of the Cherokee people remain- ing in the State of North Carolina, in which he says : '"That the late dclegalion to Washington fiiilcd in their mission to sell to the gov- ernment the neutral land, so called; and he protests against a claim set up on behalf of the Cherokces who remain in North Carolina to a certain interest in the proceeds of said land in case it should be re-purchased by the United States." "Whereas, by the assumption of the Principal Chief of makino- his protest a national topic, I beg leave respectfully to show by the stipulation of the several treaties negotiated with the Chero- kee tribe of Indians and the several acts of Congress, and also bv the acts of the Legislature of North Carolina, that the rights and claims of those Cherokces who remained in the State of North Carolina has ever been recognised. At the time the treaty of 1835 was concluded, the land ceded under the first article was owned by the Eastern portion of the tribe, as will be seen by ref- erence to the census taken immediately preceding the date of the treat}'. Article 1st provides as follows : " The Cherokee nation hereb}- cede, relinquish, and convey to the United States all the lands owned, claimed, or possessed by them east of the Mississippi river, &c., for and in consideration of the sum of five millions of dollars, to be expended, paid, and invested in the manner stipulated and agreed upon in the following articles.'' W. H. Moore, rnm. The second article provides as follows : "Whereas, by the treaty of May 6, 1828, and the supplementary treaty thereto of February 14, 1833, with the Cherokees west of the Mississippi, the United States guar- antied and secured, to be conveyed by patent to the Cherokee nation of Indians, the following tract of country," &c., &c., so as to "make seven millions of acres within the whole described boundaries." " In addition to the seven millions of acres of land thus provided for and bounded, the United States further guaranty to the nation a perpetual outlet west," &c. The last clause of this article provides that the United States, in consideration of live Imndred thousand dollars, to be deducted from the sum of five millions, stipulated to be paid bj- the United States for the cession of the lands cast of the Mississippi, in the first article, conveyed to the Cherokees the lands that is now pro- posed to be receded to the United States : " And whereas it is apprehended by the Cherokee people, that in the above cession there is not contained a suflicient quantit}' of land for the accommodation of the whole nation on their removal west of the Mississippi, the United States, in consideration of the sum of five hundred thousand dollars therefor, hereby covenant and agree to con- vey to the said Indians and their descendants, by patent, in fee simple, the following additional tract of land, situated between the west line of the State of Missouri and the Osage reservation, beginning at the southeast corner of the same, and running north along the east line of the Osage lands fifty miles, to the northeast corner thereof, and thence east to the west line of the State of Missouri ; thence with said line south fifty miles ; thence west to the place of beginning; estimated to contain eight hundred thous- and acres of land." The loth article of the treaty provides for deducting the $500,000 given for the additional quantity of land aforementioned from the price of the lands ceded to the United States under the first article : " It is expressly understood and agreed between the parties to this treaty, that after deducting the amount which shall be actually expended for the payment of improve- ments," &c., "and the additional quantity of land," &c., the balance, whatever the same may be, shall be equally divided between all the people belonging to the Chero- kee nation east, according to the census just completed." The lands were held in common, as a familj^, not as a civilized nation, and the necessity of a census was to know with whom to treat and to whom to make payments. In comparing the census taken of the jSTorth Carolina Cherokees, under the act of July 29, 1848, with the census taken of the tribe in 1835, it mil prove that those included in the latter were embraced in the former, not- withstanding the ISTorth Carolina Cherokees were neither present nor represented at the negotiation. The treaty, as its provisions show, was intended to be made acceptable to them in order to procure their acquiescence, and to induce them to surrender the country they occupied, which they held under a grant from the State, bearing date to wit : [Held at Hillsbokot.'jh on thk eighteenth or April, 1783.] 'Chaptek ll.—[Paffe 447.] '• An act/or opvnin'j the land ojjicefor the redemption of specie and other certificates, and dit- charging the arrears to the army. I-AXDS RESERVED BY THE CHEROKEE LN'DIANS. " 5. And In- it further enacted hy the authorilif aforesaid, That the Cherokee Indians shall have ami enjoy all that tract of land hounded as follows, to wit: Beginning on the j Tennesson wiu'ie the southern Loundary of this State intersects the same, nearest the ' Chickainairga towns ; thence up the middle of the Tennessee and Ilolstein, to the middle of French Broad; thence up the middle of French Broad river, (which lines are not to include any island or islands in the said river,) to the mouth of Big Pidgeon rivers; o thence up the same to the head thereof; thence along the dividing ridge between the r" waters of Pidgeon river and Tuchasefah river, to the southern boundary of this State. And that the lands contained williin the aforesaid bounds shall be, and are hereby ' reserved unto the said Clarokee Indians and their nation forever, any thing herein to the contrary notwithstanding.'' "PEXALTY FOR ENTERING, &c., &c., CHEROKEE LANDS. " Sec. 6. And he it further enacted bi/ the authority aforesaid, That no person shall enter v and sVirvcy any lands within the bounds set apart for the said Cherokee Indians, under >i the penalty of fifiy pounds specie for everj' such entry so made; to be recovered in any court of law in tliis State, by and to the use of any person who will sue for the same ; and all such entries and grants thereupon, if any should be made, shall be utterly void. l " Sec. 7. Ami be it further enacted by the authority aforesaid, That no person, for any ^7 consideration whatever, shall purchase, or buy, or take any gift or lease of any tract of /.. land within the said bound.-;, of any Indian or Indians, but all such bargains, sales, gifts, and leases shall be, and are hereby declared to be, null and void ; and the person v so purchasing, buying, leasing, or taking any gift of any laud of any Indian or Indian.s ' us aforesaid, shall moreover forfeit the sum of one hundred pounds specie for every ' hundred acres so purchased, bought, leased, or taken as aforesaid ; one-half to the use of the State, and the other half to him that will sue for the same ; to be recovered in the manner as aforesaid. r- ''Sec. 8. And whereas the s&iA Indians may receive injuries from people hunting, V- ranging, or driving stocks of horses, cattle, or hogs on the lands hereby allotted them, for remedy whereol", be it enacted by the authority aforesaid, that it shall not be lawful for any person or persons whatsoever to hunt or range on the said lands, or to drive stocks of cattle, horses, or hogs thereon, on pain of forfeiting the sum of fifty pounds specie for every such otlence, together with such stock or stocks of horses, cattle, or hogs so driven ; to be recovered by any person who shall sue for the same, in the manner afore- 'i said." ^ It was known at the time of the treaty, that the Korth Caro- lina Chei-okees were opposed to the removal west, and the 12th article ]-)rovided that they conld have the right to remain in the State, and to ]aircliase lands for themselves to reside on while they chose to remain east. That article also |")rovided tliat thev should have pre-emption rights to [>urchase the lands, including their improvements. k The expenses of the removal, and of subsisting them one year 4 after their removal west, and having their share of tlie land laid off for them, would, it Avas supposed, encourage them to remove and join the tril)e west. I am sorry to find the eonibination of the C'lierokee agent witli the authorities of the nation west, against the diminutive portion of the tribe remaining in the States east. In a letter dated " Sep- tember lo, 185o," to "Gov. Thos. T. DreAv, superintendent of Indian aifairs, Van Buren, Arkansas," which appeared in the annual report of George "W. Manyj)enny, (commissioner of Indian Affairs, 1853, page 141, jS^o. 48, in wdiich the former says : '' The Cherokee government has not yet effected any arrangement for the liquidation of its debt, and some of its creditors are getting clamorous for their money,'' &c. " A majority of the jjeople, however, prefer a retrocession of the neutral land to the United [States government, as a means of enabling the nation to pay its debts. This plan. I think, the most feasible at present, and would respectfully recommend that the United States government enter into negotiations with the Cherokees for that purpose. Much dissatistion exists here with those Cherokees who still reside in North Carolina, incon- sequence of their claiming an equal jycr capita interest in the neutral land. If those re- maining in Carolina would remove west and become citizens of this nation, they would be received and welcomed as friends and brotiiers, and at once admitted to equal rights with those now here; but while they remain citizens of a dillerent g(nernmcnt," &c., "I think the authorities here have good cause to protest against their right to any in- terest in this soil. I would therefore recommend that they be required to remove west, or abandon all claims to any interest in this country.'' It is much to be regretted that so little has transpired in the nation west since the emigration in 1838 to encourage those of the tribe remaining in the States east to unite with their brethren west, under the precarious circumstances of the nation. The war of extermination that has been waged between other portions of the tribe, covering the land with innocent blood, have driven hundreds of the tribe into the surrounding States, to obtain pro- tection for themselves and families, the tendency of wliich pre- vented the Cherokees remaining in the States east enjoying peace and quietness from joining their brethren west. The State of I^orth Carolina acquiesced in their remaining, by the legislature passing an act in 1836-37 for their protection, prescribing the mode of concluding legal contracts, and recog- nised their right to be represented by attorneys : '•That all contracts of every nature and description made after the eighteenth of May. one thousand eight hundred and thirty-eight, with the Cherokee Indians, 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 memorandum thereof be made in writing, and signed by such Indian, or person of Indian blood, or by some other person by him authorized, in the presence of two creditable witnesses, Avho shall also subscrilje the same.' ' Again, the legislature of Xorth Carolina passed the following resolutions in their favor : '•RESOLUTIONS RELATIVE TO THE CHEROKEE INDIANS. " 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 settle- ment of the juot claimc of the Cherokee Indians residing in this State," y of thf ron.'rrc)iii>,• ffciirnl to the irhuli'. Cherokee peoji/e. for their couinion nsc and lieneht. and a patent shall be issued for the bame, includin};: the eiyrht hundred thousand acres purchased, together with the outlet west, promised by the L'nited States in conformity with the jirovisions relatin;: thereto, contained in the third article of the treaty of 1835, and in the third section of tiie iicl of Couofress approved May 28, 18;iU, which authorized the President of the United ytates, in making exchange of land with the Indian triljes, to «.««/•« the tribe or nation vith which the exchange is made, that the United Slates uill forever secure and ginirunlee to them and their heirs or successors the country so exchanged with them." The 4th article of the treaty provides that all portions of the Cherokee people, eastern as well as western Cherokces, shall have the same interest in the lands west, and that it shall not be re- garded as the exclusive property of any portion of the tribe: "And whereas it has been deciiled by the board of commissioners recently ap])ointed by the President of the United States to examine and adjust the claims and difhculties existing against and between the Cherokee people and the United States, as well as be- tween the Cherokces themselves, that under the provisions of the treaty of 1828, as well as in conformity with the general policy of the United States in relation to the Indian tribes, and the Cherokee nation in particular, that that portion of the Cherokee people known as the ' old settlers' or Western Cherokees. had no exclusive title to the territory ceded in that treaty, but that the same was intended for the use of, and to be the home for, the whole Cherokee nation. By the operation of the treaty of 1828 the Cherokees then west of the .Mississippi, by the equitable operation of the same treaty, acquired a common interest in the lands occupied by the Cherokees east of the Missis- sippi river, as well as those occupied by themselves west of that river, Avhich interest should have been provided for in the treaty of 1835." This article then provides that the United States shall compen- sate the Cherokees residing west at the time the treaty of 1835 was concluded for their interest in the land east ceded under that treaty, which is shown by the following stipulation : '> In consideration of the foregoing on the part of the United States, the Western Cherokces or old settlers hereby release and quit claim to the United States all right, title, interest, or claim they may have to a common property in the Cherokee land cast of the Mississippi river, and to the exclusive ownership of the lands ceded to them by the treaty of 1833 west of the Jlississippi, including the outlet west, consenting and agreeing that the said land, together with the eight hundred thousand acres ceded to the Cherokees by the treaty of IS."?."!, xhall /'<• and remain the common property of the whole Cherokee people, themselves included.' v^ The 9tli article provides "that the United States agree to make a fair and just settlement of all moneys due to the Cherokees, and subject to per capita division;" and the balance thus. found to be due shall be paid^er capita in equal amounts to all those individuals, heads of fomilies, or their legal representatives, enti- tled to receive tlie same under the treaty of 18-35 and the supple- ment of 183(5, being all those Cherokees residing east at the date of said treaty. The lOtli article provides : " It is expressly agreed tliar nothing in the foregoing troiity ?liall lie so construed as in any manner to take away or abridge auj' rights v/hich the Cherokees remaining in the States east of the Mississippi river had or may have under the treaty of 1835 and the supplement thereto." This provision of the treaty recognises the rights of the Chero- kees remaining in the State east, of continuing there as long as "^ tbey chose to do so, and at the same time re\-ives and perpetuates to them and their descendants, as a part of the " Cherokee peo- ple," their interest in the lands and annuities v;est, with the right to settle the lands at anj- subsequent period. The act of Congress of July 29, 1848, clearl}^ proves that that body considered the ISTorth Carolina Cherokees as having the same right to the land occupied by the "Cherokee people" west of the Mississippi river, as the portion of the tribe nov7 residing in that countiy. to wit : "Sec. 4. And he il further enacted, That the Secretary of War cause to be ascer- tained the numbeij and names of such individuals and families, including each member of every family of the Cherokee nation of Indians that remained in the State of North Carolina at the time of the ratification of the treaty of Xew Echota, Jlay twenty-three, eighteen hundred and thirty-six, and who have not removed west of the Mississippi, or received the commutation for removal and subsistence, and report the same to the Secretary of the Treasury, whereupon the Secretary of the Treasury shall set apart, out of anj' moneys in the Treasury not otherwise appropriated, a sum equal to fifty-three dollars and thirty-three cents for each individual ascertained as aforesaid, and that he cause to be paid to every such individual, or his or her legal representative, interest at the rate of six per cent, per annum on such per capita, from the said twenty-third day of May, eighteen hundred and thirty-six, to the time of the passage of this act, and con- tinue annually thereafter said jjayment of interest at the rate aforesaid. " Sec. 5. And be it furier enacted, That whenever, hereafter, any individual or indi- viduals of said Cherokee Indians shall desire to remove and join the tiibe vrest of the Mississippi, then the Secretary of War shall be authorized to withdraw from the fund set apart as aforesaid the sum of fifty-three dollars and thirty-three cents, and the in- terest due and unpaid thereon, and apply the same, or such part thereof as shall be necessary to the removal and subsistence of such individual or individuals and paj' the remainder, if any, or the whole, if the said Indians or any of them shall prefer to remove themselves, to such individuals or heads of families upon their removal west of the Mi- ssissippi : Provided, That the amount herein required to be funded for the benefit of the said Cherokees in North Carolina, and the amount required to be paid them, shall be charged to the general Cherokee fund, under the treaty of New Ecliota, and shall be reimbursed therefrom." This act, like the 4th article of the treaty of 1846, referred to, provided for the removal of the North Carolina Cherokees to the Cherokee country west, at any subsequent period they may de- sire; but while they have tlie right fit any time to remove \ve?t, they also have ii right to remain in Xorth Carolina while it is their pleasure to do so; they have as perfect a right to chose to re- main east as to go ■west, it being entirely optional Avith them- selves. This law has set apart in the Treasury $53 38 for, each Indian, on which interest at the rate of six per cent, is to be paid to his or her legal representative Avhile they remain in tlie State; and at an}' perittd any of those Indians oi^ descendants desire to remove west, this principal is to he ■witlidravrn, and u.-cd in re- moving them, and subsisting them one year after their arrival to the land that was assigned by the government for a home for the whole Cherokee people. And it certainly was not contemplated by Congress that a part of the Cherokee people west, shoald, wilh- or.t the consent of those east, exercise the power of appropriating this common property to their exclusive use, to the exclusion of the Eastern C'herokecs, by which the former might deprive the latter of any home to remove to, and thus disappoint the benevo- lent intention of Congress in providing the means to remove them west. By the first article of the treaty of 1835,. as well as hx tlic snlv sequent tTcaty of 184G, and the act of Congress of Jul}- 29, 1848, the Chcrokees i emaining east formed a part of the " Cherokee people" with ^^hom the "exchange was made," and to whom the United States guarantied the lands as provided by the act of 1830. This land was therefore owned b3'the Cherokee family or " Chero- kee people^" according to the last census, taken in 1851, number west of the Mississippi 17,207 ; in the States east of the jMi^sis- sippi river, 2,133 ; in all, ■ 19,400, besides a small number em- braced in the agent's report., not included in the census of those east, wdiich gives a little upwards of 740 acres to each Cherokee Indian. In addition to the land received in exchange for their lands east, the Cherokee people have the following funds invested by the United States for their benefit, which formed a part of the consideration for the land ceded to the United States under the treaty of 1835, as shown by the 15th article of that treaty, a na- tional fund of. , §404,000 For the purposes of education 300, 000 Orphans' fund 50,000 754,000 This, at six per cent, interest, gives an annual income of $45,240. And notwithstanding this large income, which is enjoyed exclu- sively by the portion of the tribe west, they seem to think it ne- cessary to cede away a part of the land owned b}^ the whole Cher- okee people in part to discharge the debts of the nation, which at s "most ouii'lit not to (.'xcccd the oxjtoiises ol" a county oi'giini/.ation hi one of the States. In the iirst place, the agent has spoken but little I'oi' the au- tliorities ot tlie nation, or Cherokee ii;overnnient, in ivu'artl to its debt. It is the iirst j^overnnient ever known to exist and carry out its national affairs without lumng a reveuiU' law — a poorly managed governnient, tliat could not be made to support itself without the retrocession of a part of the common domain. Tlie latter, if adopted, will soon cause its extinction, and i)y the foi'iner would soon exonerate it of its endjarrassments. It will be necessary for tlie government of the United States to guard the interest of the portion of the tribe remaining m the States east, not only in the land, but also in the permanent funds of tlie nation. We consider that our rights thereto rest on strong equitable grounds. We contributed our proportion of ^500,000 paid to the United States for tlie lands i)roposed to be receded. The policy of the United States, as shown by the acts of 1830 and 1848, was to unite the tribe ; to guard and protect the rights of those remaining in the States east will favor that object. To permit one portion of the tribe to a}»propriate the common property of all, to their exclusive benefit, will have tlie effect to cause a dominant party. Tlie whole policy of the Principal Chief in protesting to the national council, proves it is considered that the smaller the number of the tribe the better the share. If the pro- test of the Principal Chief and the combination of the Cherokee agent, George Butler, esq., Avith the authorities of the same, be assented to by the great fathers of the whole Clierokee people against the diminutive portion of the tribe remaining in the State of J^orth Carolina, it would exclude them of their equal interest guarantied to them by treaty and recognized by the laws of Con- gress, and also by tlie State in which they reside. But certainly as the United States were bound "to protect the Cherokees against domestic violence," and failed to do it, which was the prime cause of many of the tribes now being out of the nation, they ought not to fail to protect their interest in any treaty that might be made. The necessity of such protection on the part of the government of the United States is clearly established by past experience, which has already obtained its power by a sacrifice of the best men in the nation, to continue measures to reduce the number and pre- vent a union of the tribe with the view of appropriating the whole propertey of the Cherokee people to their own benefit. Our right has ever been recognised to remove to the country- set apart for us west of the Mississippi river. If we 'have a right to settle on the land at any time, it is optional with us at what period to do so. The only objection that has ever been made, or plea, by the portion of the tribe west, was, that we had failed to remove to the hindni wot. I iider tlit- j>re?i'nt c>))scrvance of tlio a6.sunip- ticui and coiiil»inati(jn of the [nincipal authorities of tlie Cherokee, nation in rehitioii to our ri^rht.s and the jjrevious and present condition of the nation, with tiieir midnight a.^sa.-^sination.'^, lias that the appearance of uniting the tribe? Does the chief majesties intend carrying out the olijeet of their protest against the por- tion of tlie trihe east, direi-tl}' against treaty stipuhdions and the laws of Congress, and also against the opinion of Attorney Gene- ral J. ,r. Crittenden, of Ajiril lo, 1S.")1, as T have shown by the selected articles of the several treaties made with the Cherokee people, and by the several acts of Congress, all of which have recognised those rights ; and all provisions tliat have ever been made for the whole Cherokee peofile, have been made so as to guard the interest of the jiortion of the tribe east. The act of Congress of July 20, 1S4itly it to their use, at any time they chose to remove west, to the lands guarantied to the whole Cherokee peojilc by the government of the United States, by pat- ent in fee simple, according to the 2d article of the treaty of 1835. To give further evidence of the detention of the portion of the tribe east, is the promise made to them by John Ross, the Principal Chief, to have the treaty set aside until he effected a contract on much more fiivoralde terms, according to his discretion. They would not emigrate to the west; they held on until the terms of the treaty expired, and. then they were forced by the United States troops to remove against their will or consent. Instead of setting aside the treaty, he effected a contract w^ith General Scott for the removal of them west of the Mississippi' river for a much larger sum than those were to have that removed themselves. The eighth article of the treaty limited the removal and subsistence of those that chose to remove themselves, to ^53 33. Instead of $20 per head for removal, the chief and other chiefs were to have ^65 per head for removal, which was $45 per head more than was paid to those Indians for removing themselves. Under this con- tract about twelve thousand removed west, which must have yielded to the contractors at least a profit of three hundred thous- and dollars. Had the Principal Chief, after making this contract, said to the Cherokecs that he had made an arrangement to re- move them west, and that the terms of the treaty would have to be complied with, all the Cherokee people would have adhered to it, and would have prevented the opposition which has been the cause of the separation of the Cherokee tribe, together with 2 s] 10 (he unsettled atfairs of the nation since the removal, and by other <:'au8es aforementioned. This country is endeared to us by the graves and sacred relics of our ancestors; the bones of our children, sisters, brothers, fathers, and mothers lie here ; Ave cannot leave them ; let us remain on the land of our fathers. Why ask us to remove west? Upon the lands that we are now protested against for claiming by the ex- ecutive of the nation. We once owned all the land that could be seen from the tops of our highest mountains. AVill you not per- mit us to enjoy in peace the small quantity we have purchased, and at least allow to us our proportional share of the lands that is guarantied to the whole Cherokee people by treaty stipulations, if it should be receded to the United States ? Under all circum- stances, were we to leave our mother soil and join you in the west, would we have any assurance of our lives, liberty, or prop- erty ? The Indian agent, after speaking of much dissatisfaction exist- ing relative to the North Carolina Cherokees for claiming an equal interest "in the neutral lands," says, "If those remaining in Carolina would remove west, &c., they would be received and welcomed as friends and brothers." Wliere are our brothers Avho were forced from the mountains of North Carolina ? Two-thirds have been buried in that country. I have no hesitation in believing that we would not at once be admitted to equal rights with those subjects before us, and be welcomed by bloody hands and hospitable graves. Where are the Ridges, that were massacred in presence of their families, as though they were beasts ; the Boudinots, that were shot and bru- tally murdered without knowing the accusation, and the Starrs, that were murdered on their farms, and many others, who were promised the protection of the United States — have they not been massacred ? Their blood cries from the ground. Where are their midnight assassins ? Have they not been pardoned by the Chero- kee government wdthout trial, contrary to both law and treaty ? Why is it that the Indian agent recommends to our great father that we be required to remove west, if we have no interest there, and join a government too weak and too unjust to protect us, and leave the State where our lives, liberties, and property are secured; where our rights to remain are guarantied by solemn treaties ? K it be deemed advisable by the general government to pur- chase from the Cherokee people the lands proposed to be receded, the Cherokees east are not disposed to interpose objections, pro- vided their proportion be added to the fund set apart under the act of Congress of July 29, 1848 ; the interest to be paid and the principal applied in the same manner as the fund set apart under D 1.4 Byn^ 11 that act. But if this is not done, I claim the right, as having a common interest, and in behalf of those whom I represent in the State of North Carolina, to protest against the conclusion and ratification of the treaty ; and if ratified without an amendment in our fiivor, will consider that the United States justly owe to the iSTorth Carolina Cherokees a sum equal to their just propor- tion of the common property which may be conveyed or trans- ferred without their consent. I respectfully request that this explanation of our rights be sent to the President of the United States, and filed in behalf as afore- said. Respectfully, your obedient servant, JAMES TAYLOR. >, A ^ K^ ^ \ :> ^^ J ?! ^' >\.^ /-<#■ ^ ^' i^ ■"p-fT — ?r- .f^ ;> ;^ V ''- /.v:«i:."°o ..*\.'^L:..--^^ A^^\ ,/ G' i .^ V o V o « o .0' t ^0 • ^ ?" :M^, %/ "»'■:%/-#& V 1 <;^ '.-*' .G^ ^ /> .^^ •^q. •f rrr. r^o — 7S f .."^ .1 4 o »<» Ow ' / -n w • %^ c^ » . ,--,1 ,, -i* V" U^ V ''^^0/ J'^\. ^^^^^<' ^'^\ \^^^v ^<<^^\. ^-^y^^^^ -^ ,-^'^ .1^% ^-f^ //-'-- "- ^^ 4 o ^^-n^. '■mm/ /\ '-^w/ ^'% •> 4 Ov. .^' ^P-^^. s» V" % o. . <^ 1^ . •< • o, ■^^ -S^ .^ Wfk I LIBRARY BINDING Vv? |JT. AUGUSTINE * ~ /' ^2084 ^--0^