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Sequoyah Research Center

Edward Gunter’s Reservations Land Claim Case

Edward Gunter’s Reservation S182

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Land Office Huntsville A

2 June 1832

Sir,

With this you will be pleased to receive sundry documents filed in this office relative to John Gunter’s and Edward Gunter’s Reservations in Jackson County, and now forwarded by request of the party filing.

Very Respectfully,
Mob
B.J. Pope

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Edward Gunter’s Land.

Hugh Henry in Feby. or March 1829 became acquainted with the place claimed by Edward Gunter. Tho. D. Ackerman then lived there. Does not know where Gunter then lived, but in 1820 Gunter lived on the South side of the Tennessee. Never knew of his residing on his reservation

John Cox became acquainted with Edw. Gunter in 1817, when he lived at his landing on the North side of the River – in 1818 Gunter resided on the South side of the River and has never lived on the North side since that time.

Edward Cox had known Edw. Gunter since Feby. 1817 when he lived on the tract now claimed by him. Removed to the South side of the River in the winter of 1818, 1819. Gunter removed his houses lower down the river.

Gilbreath Barton – First knew Gunter in December 1818 when he lived on his reserve North of the River. Witness rented some houses on the South side of River from Gunter until Jany. 1819 when he removed in consequence of Gunter’s wanting them. In Feby. of March 1819 Gunter lived south of the River and has continued to reside there.

Elisha Clampett – In 1818 Gunter lived on his land North of the River, and in the latter part of 1819 and since that time has resided on the South side. In 1821 Gunter rented his land north of the river and ever since except one year.

Robert Walker – First knew Gunter in 1818 or 1819, thinks 1819, when he lived South of the River. Kept the ferry for Gunter in part of 1819 and 1820. Gunter left the North for the South side of the River in 1819.

Alexander Gibreath has known Gunter since 1808 or 1809. Does not know where he lived when the Treaty of 1819 was made, but in that year he lived South of the river.

Benjamin Roder became acquainted with E. Gunter in the summer of 1819 when he lived South of the river. Has heard Howel rose and Saml. Tyler say they rented the land North of the River from Gunter and has seen the rent cow taken across the river.

David Ricketts – In the early part of 1820 Gunter lived south of the river and has continued to reside there.

John M. Cole knew Gunter 15 years ago when he lived north of the river. Same year moved to the South side of River and has resided there since that time. Thomas Aikman was Gunter’s ferry man. Gunter for the last 9 years has not resided on the reserve.

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George F. Reede became acquainted with Gunter in 1818 when he resided on the south side of the river opposite the place now claimed, and has lived on that side ever since. Gunter’s houses were moved down the River near to his ferry landing in 1819.

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Edw. Gunter claim to land as his ferry on the Tennessee River.

Mr. McKee testifies that in 1819 he moved his northern houses ¼ of a mile lower down the River to the ferry landing. His land was cleared and the ferry kept previous to 1819. Since 1819 has lived south of the river.

Isaiah Walker first saw Gunter in 1814 when he was wounded by the Creek Indians. In Feby. 1819 Gunter lived North of the River and had a fine plantation down from his house to the ferry. He moved his houses to the ferry, and they were made the center of survey of the reservation. Got better land by removing.

Rob Walker – In 1819 Gunter lived on both sides of the River. He moved his houses about 300 or 330 yards down the River in 1819 to his ferry landing. His improvements then extended from his ferry up the River to within about 100 or 150 yards of the place for which he moved his houses. Has lived South of the River since that time. In making the survey the center was fixed at his houses.

David Parkhills In 1819 gunter had a house or lived North of the River about ¼ mile from his landing, in the same year moved the houses to the landing and at that time his plantation extended to the ferry. Has got better land by moving the houses begin the center of the reservation. Has lived South of the River since 1819.

Edmond Bridges – In 1819 Gunter and one of his wives lived South of the River, and one of his wives North of the River. His wife south of the river having died that year he moved his north wife over to the south side when he had since lived. In 1819 he moved his northern houses about ¼ of a mile down the River to his ferry landing and got better land.

Edw. Cox – testifies to the same effect as Bridges except with respect to his wives.

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This testimony it appears that prior to 1819 Gunter had a ferry with Tennessee and lived and had plantations on both sides of the river that in that year he moved his houses about ¼ of a mile down the river to his landing but not out of his improvements. By this removal he has obtained better land. His house is now the center of the reservation – He has lived on the South side of the River. It is not alleged that he has abandoned his ferry or the use and occupancy of his northern houses and plantation and the case seemed to depend entirely upon the fact whether his having lived since 1819 on the South side of his ferry is sufficed to constitute a fulfilling of his right to his northern plantation. Edward Gunter is one of persons named in the Schedule referred to in the 3rd Article of the Convention of 1819, Land Laws page 169, to whose estates in fee simple are given.

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The State of Alabama March 12th, 1831

Jackson County

This day personally appeared before me Mr. H. E. Wheeler on acting justice of the peace in and for said county Gilbreath Barton, Jeremiah Roder Junr., Benjamin Rober, Alexander Gilbrath, William McKee, James Edwards, Sent. Samuel Webber, William Manning, David Parkhill, Nathan Crocket, David Ricketts, Charles Conerly, Robert walker, Isaiah Walker, and George T. Read who being duly sworn the truth to relate respecting a reservation of land said to have been taken by the said Edward Gunter embracing one mile square on the North side of Tennessee River in the county of Jackson and opposite the ferry the said Edward Gunter keeps on said River, the said Mr. McKee states as follows.

I was living on the south side of the Tennessee River in the year of 1819 and in the spring of that year Edward Gunter was living on the south side of the said river in what is now called the Cherokee Nation, but part of his family lived on this side of the river and he tended some land on this side of the river in what is now called Jackson County or at least they said it was Gunter’s Corn tho I never seen him or working at River by B. Smith do you know after the treaty was made public that Gunter pulled own his houses and moved them, and he pulled his houses down in the fall of the year 1819 or 1820 tho I believe it was in 1819 and moved

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them something near one quarter of a mile down the river to his ferry landing. Quest. by the same was not there before the reservation was surveyed by the public surveyor who come through this county for that purpose? Ans. It was some little time before I heard talk of its being surveyed tho I never see it surveyed. Quest. by the same did not Mr. Gunter by this moving of his houses make an exchange of a very mean piece of land for a very good piece? Ans. He got a first rate piece of land for a very mean place for the distance before measured extending one mile in length Quest. by the same has Mr. Edward Gunter ever live on this side of the river since he moved has houses? Ans. Not as I know of. Quest. by the same has it not been a talk amongst the people that Mr. Gunter defrauded the government by this removal of his house? Ans. I have heard folks say that he got a first rate piece of land by this removal, and I always understood that the Treaty confined them to make their houses the center of their reservations. Quest. by the same did you ever hear Mr. Gunter say anything about the rumors of his houses? Ans. I don’t recollect of ever hearing him say anything about them but I seen him when he was a moving them. Quest. by Edward Gunter was not my plantation lying at the ferry landing when you was first acquainted at that place? Ans.

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The first time that I ever was there it was in the fall of 1816 and it was then in the woods and a cane track and in the year 1819 I was there again and your farm was then near about the ferry and I think Akiman told me that he had hope to clear that land and it was cleared when I came back in 1819 and he told me that he had been keeping the ferry for you. Quest. by Gunter Is the ferry landing now at the same place that it was in 1816? Ans. I put in stock some distance above where the ferry landing is now in that year when I crop, but where you moved your houses it was the ferry landing in the year 1819. Quest. by the same Those houses that you speak of did you see them pulled down? Ans. I did not see them pulled down. Quest. by the same the plantation that was in the year of 1819 is it not the center on one side? Ans. I don’t know.

Sworn to and subscribed before me this 12th day of March 1831 —

William McKee his mark

Hon. H.E. Wheeler (seal)

Justice of the Peace

Isaiah Walker evidence, The first time as well as my mind serves me at this time I ever seen Edward Gunter was lying wounded and I was told by the Creeks the inst. think the 4th 1814. The next time I seen him was living at what is called Gunter’s Landing in the year 1819.

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Quest by Booker Smith, do you know where Edward Gunter’s place of residence were at the time the treaty was made between the United States and the Cherokee Nation in the year of 1819? Ans. It is a little above Hugh Henry’s Ginn on the North side of the Tennessee River. Quest. by the same, do you know anything about his pulling down his houses and moving them? Ans. I don’t. Quest by the same, was you present at the surveying of that reservation claimed by Edward Gunter on the North side of Tennessee river? Ans. I was. Quest. by the same, where did he make the center of that reservation? Ans. About opposite to the Ferry Landing on the bank on this side of said River. Quest. by the same, do you or do you not think that Gunter by moving his houses exchanged some very indifferent land for some very good fully the distance that he moved his houses, the full length of his reservation? Ans. I had rather have the lower end of his land. Question by Edward Gunter, did not my plantation lay at the ferry landing the first time you were there? Ans. In the year of 1819 I was at your house and there appeared to be a fine plantation down the river from your house.

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It was the 7th of February that I was there. Quest by Gunter, were you present when the surveyor surveyed my reservation? Ans. I was. Quest by the same, did you not think, where he made the center, it was the center of my improvement? Ans. There was cleared land above and below and the house was there where he made the center. Quest. by the same, did you not go clear round with the surveyor when he ran it out? Ans. I did.

Isaiah Walker

Sworn to and subscribed before me this 12th day of March 1831———

Hon. H.E. Wheeler (seal)

Justice of the Peace

Robert Walker evidence, When I was on the south side of Tennessee River. Where I and brothers made a crop early in the fall of 1819 Ward came to me by father brother as source of the Mr. Gunter that Edward Gunter was a wanting me to go down and attend to the ferry until Edward Gunter could go to a council or talk that was on land in the Cherokee Nation some where. The reply with me was that I had to gather corn.

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Before long then some of them told me that a negro should gather corn in my place then I readily consented to go and accordingly done so and stayed there until some time I think late in January or quite early February but I do not exactly recollect. Close about that time though I think this was the months of (illegible) the year 1820 but some time before this the reservation was surveyed by the surveyors and his hands. Quest by Booker Smith, was you acquainted with Edward Gunter’s place of residence in the year of 1819? Ans. I believe he held a place of residence on both sides of the river. Quest. by the same, do you know of Mr. Gunter’ pulling down his houses and moving things from his residence on the north side of the river and how far do you suppose he did move them? Ans. I believe he pulled them down and moved them something near three hundred and thirty or forty yards. Quest by the same, did you assist Mr. Gunter in the removal of the houses? Ans. If I did, I don’t now recollect.

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I might or I might not but I recollect that I ? him house there where my ? notes. Quest. by the same, was you not there at the time of this removal in the employ of Mr. Edward Gunter? Ans. I was. Quest. by the same, did Mr. Gunter ever express to you the reason or object he had in moving them houses? Ans. If he did I don’t recollect. Quest. by the same, did not Mr. Gunter gain by this removal of his houses a very excellent piece of land in lieu of a very indifferent piece the distance that you stated he moved them houses the full length of his reservation? Ans. I had much rather have it. Quest. by the same, what has been the language of the people on the subject of this removal? Ans. I have never heard anything said about this removal, but I have heard people say that he had more than land his right, they expected. Quest. by the same, where did the principal part of Mr. Gunter’s plantation lye on the north side of Tennessee River at the time he moved his houses? Ans. I think it extended from the ferry landing that now is upwards to within one hundred to one hundred and fifty yards of the place that he moved his houses from.

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Quest. by the same, Do you know of Mr. Gunter’s living on that reservation since the year 1819? Ans. He does not. Quest. by the same, has not Mr. Gunter’s residence been on the south side of the Tennessee River in the Cherokee Nation ever since the year of 1819? Ans. He has ever since the time of his moving those houses. Quest by Edward Gunter, did my plantation lye at the ferry landing at the time that you lived with me? Ans. The Ferry Landing was near the low corner of your filed but there was a small field some distance below the creek something like two hundred yards to the nearest part of it. Quest. by the same, was you present when this place was surveyed by the surveyor? Ans. I was. Quest by the same, where did he make the center of the survey? Ans. Close to the ferry landing (illegible) top of the bank at the house, he run his line from there up the river until he came near the place where you moved your houses from and I understood from some of the company that he was afraid of running in the river before he got his quote, and angled, then he run the same course over the ridge and cornered in the some sides (illegible) before he got to the river and went

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round until he came to the River. Quest. by the same, did you not think at that time that he placed the improvement as well the center as he could have done it? Ans. I think that he was particular in placing the compass in the center of the door of the house he removed and the ferry landing.

Robert Walker

Sworn to and subscribed before me this 11th day of March 1831

Hon. H.E. Wheeler (seal)

Justice of the Peace

David Parkhill’s evidence, he states on oath that he (illegible) remove to the state of Alabama in the year of 1819 and landed at Gunter’s Landing and at that time Edward Gunter lived or had a house on the north side of the Tennessee River something like one quarter of a mile above the ferry landing claimed by him and in the same year moved his house down to the landing and has ever since lived on the south side of the river near said landing and in the Cherokee Nation and by removing his houses, and making the center of the reservation claimed by him on the north side of the Tennessee River. I have

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frequently heard the settlers say that Edward Gunter had by removing his houses from where they were originally built, to the place where he rebuilt them near the ferry landing had defrauded the government of the United States and thereby gotten a piece of land in breadth the distance he removed his houses and in length one mile of first rate quality of land instead of the same quantity of inferior land he otherwise would have gotten if he had not removed his houses and in his opinion by so doing has departed from the spirit of the Treaty.

Quest. by Edward Gunter, was there not a plantation on the north side of the river at the ferry landing at that time? Ans. I think there was that extended as low as the landing. Quest. by the same, those houses you speak of being removed, did you see them removed? Ans. I did not. Quest. by the same, the ferry landing and the improvement don’t you believe them to be about the center of the reservation? Ans. I don’t know but I have always understood

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there were as near the center as practable. Quest. by Smith, was the houses that before mentioned shortly after the treaty demolished and moved away? Ans. I think it was in the year of 1819 they were removed from where I first seen them. Quest. by the same, when you first moved to the country did you see any houses at the ferry landing? Ans. I do not recollect but my impression is there was not any there.

David Parkhill

Sworn to and subscribed before me this 12th day of March 1831

Hon. H.E. Wheeler, H.Peters

Justice of the Peace

I certify under my hand and seal that the foregoing deposition was taken by and before me the day and date first above written and that the said William McKee, Isaiah Walker, Robert Walker and David Parhkill subscribed their names in my presence.

Hon. H.E. Wheeler (seal)

Justice of the Peace

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State of Alabama

Jackson County

I Richard Blelagian clerk of the county court for the county and state aforesaid do certify that William H.E. Wheeler whom now appears subscribed to the within certified is and was at the time of subscribing the same and acting Justice of the Peace in and for the said county of Jackson duly commissioned and qualified as such and that full faith and credit is and should be given to all his official acts as such.

In testimony whereof I have herewith signed my hand and affixed my provided seal there being no seal of affair at office in Billyants this 23rd day of March in the year of our Lord One Thousand eight hundred and thirty one.

List

R. Blelagian clk. Ee.

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The State of Alabama

Jackson County
March 21st 1831

This day personally appeared before me Mr. H.E. Wheeler acting Justice of the Peace in and for said county. Edward Cox and Edmond Bridges who being duly sworn the truth the whole truth and nothing but the truth to relate respecting a reservation of land said to have been taken by the said Edward Gunter embracing one mile square on the north side of Tennessee River in the county of Jackson and opposite the ferry the said Edward Gunter keeps on said river the said Edmond Bridges being first called states, I was living on the south side of the Tennessee River in the year 1819. E. Gunter lived up the same side of the river in what is now called the Cherokee Nation but there lived a woman on this side of said River which is the north side, in what is now Jackson county which was said by same people to be one of the said Gunter’s two wives think she lived near one quarter of a mile above the ferry landing then known by the name of Gunter’s Landing. The other woman in which was said to be his other wife lived on the south side of said landing with him some time 1819 the woman on the south side died and Mr. Gunter removed the woman from the north side over to the south side where I believe she has lived ever since.

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I have still lived in the neighborhood of aid landing ever since the year 1819 in the fall of that year Mr. Gunter removed his houses near one quarter of a mile down said river opposite his ferry landing at or near the lower part of his improvements which is said by some who profess to know was made the center on the south side of his reservation and if it was according to my understanding of the treaty which granted reservation to said Gunter, the said Gunter got a very valuable tract of land in place of a very rocky barren track the full extent in width and one mile in length of the distance that he removed his houses down said river and according to the knowledge I have of the boundary claimed by a reservation by said Gunter the place where the houses now stand was made the center.

Question by Smith, was this removal of the houses before or after the treaty was concluded and made public? Ans. It was after.

Quest. by the same, has not Edw Gunter lived on the south side of the Tennessee River ever since the treaty was concluded in the year 1819 between the United States and the Cherokee Nation? Ans. He always has lived on the south side of said river since the year 1819.

Edmond Bridges

Sworn to and subscribed before me this 21st day of March 1831

Hon. H.E. Wheeler (seal)

Justice of the Peace

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Edwards Cont. states as follows.

My acquaintance with Edward Gunter was early in the year of 1817 that I moved to the neighborhood of Gunter’s Landing at that time the said Gunter had no other improvement than a small log cabin which was built on the point of a rocky bluff on the north side of the Tennessee River directly thereafter a treaty was in progress say some few months and concluded in 1819. Edward Gunter some time that date moved hid log cabins down the river about one quarter of a mile first about the lower end of his improvements that he had made from my first acquaintance with him. I had frequent conversation with him and has to this day been friendly with him he stated that it was improving the value of his reservation that he was about to have established at that place known as Gunter’s Landing in the county of Jackson Alabama state. The said Gunter some time previous did more to the south side of the Tennessee River and has remained ever since in the Cherokee Nation. He is a half breed himself. I do not recollect how long before the treaty tho sometime I am certain. Quest. by Booker Smith, did not Edward Gunter by the removing of his houses obtain in lieu of a very

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indifferent piece of land the distance he moved his houses down the river the full length of his reservation.

Answer, he did receive one quarter of a mile up and down the river and one mile out of the very first rate land in place of a rocky bluff fronting the river and back a mile of very sterile worthless land. Quest. by the same, was it before or since the treaty was made public that he removed their houses? Ans. It was just before the surveying the reservations. Quest. by the same, has it not been a general talk through the neighborhood that Edward Gunter has by this removal of his houses defrauded the government of the United States? Ans. It certainly has.

Edward Cox

Sworn to and subscribed before me this 21st day of March 1831

Hon. H.E. Wheeler (seal)

Justice of the Peace

I certify under my hand and seal that the foregoing deposition was taken by and before me the day and date first above written and that the said Edmond Bridges and Edward Cox subscribed their names in my presence.

Hon. H. E. Wheeler JP (seal)

Justice of the Peace

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Notice

Booker Smith and John Gilbreath vs. Edward Gunter

Executed by handing a copy to Edward Gunter on the 8th day of March 1831

By David Richards Constable

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State of Alabama
Jackson County

Mr. Edward Gunter

Sir you will please to take notice that I will attend at the office of William H.E. Wheeler Esq. a Justice of the Peace in and for the county aforesaid on the twelfth day of the present month for the purpose of taking the evidence of Gilbreath Barton, Jeremiah Roden, Junior, Benjamin Roen, Alexander Gilbreath, William McKee, John Edwards Senior, Samuel Webber, William Manning, David Parkhill, Nathan Crockett, David Rickets, Charles Carnally, Robert Walker, Isaiah Walker, and George T. Read, respecting the right to a reservation said to have been taken by you embracing one mile of square on the north side of the Tennessee River in the count of Jackson and opposite the ferry you keep on said river. The evidence will be taken between the hours of eight o’clock in the forenoon and five o’clock in the afternoon, on the above named day at which time you may attend if you choose.

March 8th 1831

Booker Smith

Mr. Gilbreath

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A notice to Edward Gunter

I certify that I have served a true copy of this notice on Edward Gunter this 15th day of March 1831.

Lt Boshart

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Same as 0673

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Papers relative to Edward Gunter’s Reservation

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The State of Alabama

Jackson County

Mr. Edward Gunter

Sir take notice that we will attend at the office of William H.E. Wheeler a Justice of the Peace in and for this county on Monday the 21st of the present month for the purpose of taking the evidence of Edward Cox and Edmond Bridges respecting a right to a reservation of land said to have been taken by you on the north side of the Tennessee River opposite to Gunter’s Landing in the county of Jackson, at which time and place you may attend if you choose.

March 14th 1831

Booker Smith

John Gilbreath

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Huntsville

12 July 1832

Edward Gunter

Forwards copy of General Meigs certificate that he is entitled to a few simple reservations under the Cherokee Treaty.

To the Hon. Elijah Hayward

Commissioner of Genl. Land Office

Washington City

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Huntsville, Ala. July 12, ‘32

Commissioner of the General Land Office

Sir,

I have been informed that there are some persons who have taken depositions and forwarded them to you, with a view of invalidating my title to a tract of land granted to me lying in Jackson County, Alabama, and known by the name of “Gunter’s Reservation”. I have been advised, by Counsel, that my title to said land I indisputable, and that it is unnecessary to take court depositions – but that it would not be amiss to send on to you the enclosed certificate.

Very respectfully,
Edward Gunter

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A Certificate for Edward Gunter 18th August 1819

Edward Gunter a Cherokee having had a reservation of land granted to him by the treaty of the 27th February 1819 the United States and the Cherokees, in fee simple on condition of his notification to remain on the same as a permanent settler and he having given the proper notification to remain, being the place where he now lives. He will consider himself as amenable to the laws of the United States, and under their protection.

Given under my hand and the seal of the Cherokee Agency the 18th day of August 1819

Return G. Meigs (seal)

The State of Alabama

Madison County SS

This day personally came before me John J. Coleman an acting Justice of the Peace in and for said county and state, duly elected commissioned and sworn, John Read late Register of the Land Office of the District of Lands belonging to the United States of America, offered for sale at Huntsville Alabama, who on being duly sworn deposeth and saith that the above is a correct copy of a certificate now in the hands of Edward Gunter from Return J. Meigs late Cherokee Indian Agent, and that the whole of said document including the signature thereto is in the proper hand writing of said Return J. Meigs. Sworn to and subscribed before me this the 19th day of April 1832.

John Read

John J. Coleman J.P. (seal)

State of Alabama

Madison County

I Richard B. Pindom clerk of the county court of said county do certify that John J. Coleman before whom the forgoing affidavit was sworn,

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is now and was at this date of the same, an acting Justice of the Peace, in and for said County, duly commissioned as such and that full faith and credit due to all his official acts.

In testimony whereof I have hereunto subscribed my name and office the seal of said county courts, at offices, in Huntsville, this nineteenth day of April in eighteen hundred and thirty-two and of American Independence the fifty-sixth.

Rich B. Pindon

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The State of Alabama
Jackson County

Persuant to a notice heretofore served on Edward Gunter, a copy of which marked (A) is herewith filed and executed by David Ricketts constable of Archibald R. Barclay an acting justice of the peace in and for the county of a aforesaid, at the insistence of John Gilbreath and Booker Smith have called and caused to come before me at my office in Claysville Bailey Read, John Gilbreath, Hugh Henry, Edward Cox, Elisha Clamfirth, Richard Chuck, Howard Rose, William McKee, Richard Kirdland, David Ricketts, Booker Smith, David Parkhill, Benjamin Rodon, Jeremiah Roden, John Cox, Edmond Bridges, and Samuel Webber on the 13th day of April 1832 at the hour of 11 o’clock A.M. of that day, who being duly sworn to speak the truth the whole truth and nothing but the truth in relation to the claim of Edward Gunter to a reservation of 640 acres of land in said county, claimed by him under a treaty between the United States and the Cherokee Nation of Indians – 1st who said Hugh Henry being first called

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deposeth and saith that in the year one thousand eight hundred and nineteen in the latter part of February at the first of March was his first acquaintance at Gunter’s Landing when Mr. Edward Gunter claims his reservation and to the best of his recollection Thomas did know there lived on the reservation which is claimed by the said Edward Gunter and as to when Mr. Gunter lived at that time he is unable to say in the year but in the year eighteen hundred and twenty in the latter part of the winter on early in the spring he returned to said Gunter’s Landing Mr. Edward Gunter then was living on the south of the Tennessee River in the Cherokee Nation. Where the contract to live for some few year and then allowed a short distance for them in the Nation.

Quest. Did you ever know of Edward Gunter’s living on the reservation claimed by him in Jackson from your early acquaintance with the said Gunter up to this time?

Ans. I never knew of Edward Gunter every one on the land claimed by him as a

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defendant says that
a reservation since my first acquaintance with him.

Hugh Henry

Sworn to and subscribed before me this 13th day of April 1832

A.R. Barclay Justice of the Peace

2nd John Cox being next called deposed and says that in the year 1817 I became acquainted with Edward Gunter at Gunter’s Landing and that he then lived on the north side of Tennessee River. I was then absent a little near than twelve months, on my return in 1818 he was living on the south side of Tennessee River and to the best of my belief he had never lived on has never lived on the north side of said river since, and I have been occasionally in the neighborhood of Gunter’s Landing since that time up to the present day.

John Cox

Sworn to and subscribed before me this 13 April 1832

A.R. Barclay Justice of the Peace

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3rd Edward Cox being next called, stating that his first acquaintance with Edward Gunter was in Feb. 1817. My acquaintance with him, has been ever since that date, never living more than from five to foreteen miles since; he lived on the north side of the Tennessee River where I first became acquainted with him on the tract of land now called his reservation and sometime in the winter of 1819 he moved on the south side of said river and lived a few years near the banks; and then moved about two miles south of his first settlement into the nation where he now lives.

Question by Booker Smith. Do you know that Edward Gunter removed the houses he at first occupied from the place where he first erected them, lower down the river, and if so, did he not by moving said houses make the center of the reservation in a manner to gain to himself a very valuable addition to the value of the reservation, by throwing off inferior land and gaining thereby land of the best quality in its stead; and how far you think he moved the houses?

In answer to the first part of your question, moving his houses & c. I think the distance to be about or between fore and five hundred yards down the river, and next part of the question he by said removal did gain that amount of first rate land in place of

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a spur or bluff on said river and back of said bluff that distance of 2 berth and pore land the width of said reservation.

Question by Booker Smith. Did not Edward Gunter move the houses, as it appeared to you at that time, for the purpose of adding to the value of the said reservation?

Answer. I do –

Question by Booker Smith. At what time did Edward Gunter remove from the reservation claimed by him to the Cherokee Nation?

Answer. In the early part of the year of 1819 or the latter part of 1818 he moved to the south side of the river.

Edward Cox

Sworn and subscribed to before me this 14th April 1832

A.R. Barclay Justice of the Peace (seal)

4th Gilbreath Barton being next called states that his first acquaintance with Edward Gunter commenced in December 1818 and I have knew him ever since when I first become acquainted with him he lived on the north side of the river on what is now called his reservation. I rented of the said Gunter some houses on the south side of the Tennessee River and lived there until January 1819.

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I then left there as Gunter told me that he wanted the houses to move to. I moved and settled about 3 or 4 miles and I don’t recollect of ever being back at the same place until the latter part of February or the first of March 1819. Edward Gunter was living there then and has lived on the south side of said river ever since, that is in the Cherokee Nation.

Gilbreath Barton

Sworn and subscribed to before me on this 14th April 1832

A.R. Barclay Justice of the Peace (seal)

5th Elisha Clampett is next called states that his first acquaintance with Edward Gunter commenced in 1818 he was then living on the north side of the Tennessee River and I have been acquainted with him ever since in the latter part of the year of 1819. I was Gunter’s Landing and Edward Gunter was then living on the south side of Tennessee River and has lived there ever since.

Quest. by Edward Gunter. Did you ever know of men living there as tenants on my reservation? Ans. In 1821 Dawson Clark told me that he rented some land of you and leased some for the clearing and was to have it rent free for four years

0687

and it has been rented out to different tenants ever since except on year it lay idle or a part of it. I recollect of no tenant that year.

Elisha Clampett

Sworn to and subscribed to before me this 14th April 1832.

A.R. Barclay Justice of the Peace (seal)

6th Robert Walker being next called states that his first acquaintance with Edward Gunter commenced in 1818 or the early part of 1819 but I think 19 I was then on the south side of Tennessee River about eight miles from Gunter’s Landing on a place that I had then rented of Edward Gunter, near corn gathering time word came from the Mr. Gunter’s that if I would go and keep the ferry they would send a hand to gather corn for me that he E. Gunter wanted to go to a council that was then in the nation. I stayed at the ferry until 1820. Gunter left this side of the river in 1819 and has never lived on the north side of the Tennessee River since as I know of.

Robert Walker

Sworn and subscribed to before me this 14th April 1832

A.R. Barclay Justice of the Peace (seal)

7th Alexander Gilbreath being next called states that his first acquaintance with Edward Gunter commenced in the year 1808 or 1809 and have being acquainted with him ever since

0688

that time.

Question by Booker Smith. Do you know where Mr. Edward Gunter lived at the time the treaty was made between the United States, and the Cherokee nation in the year 1819, and where he has lived since that time? Answer. I do not recollect where he lived at the time the treaty was made, but he lived in the Cherokee Nation in the year 1819, and has continued to live in the Cherokee Nation ever since.

A. Gilbreath

Sworn and subscribed to before me this 14th April 1832

A.R. Barclay Justic of the Peace (seal)

8th Benjamin Roden being next called states that he became acquainted with Mr. Edward Gunter in the summer of the year 1819.

Question by Booker Smith. Where did he live when you became acquainted with him? Answer. He lived in the Cherokee Nation on the South side of the Tennessee River.

Question by the same. Where has he lived since that time? Answer. He has continued to live in the Cherokee Nation

0689

ever since that time.

Question by Edward Gunter. Did you know of any persons occupying the reservations claimed by me on the north side of the Tennessee River say that they were my tenants, and rented that land from me? Answer. I once heard Howel Rose say that he had rented Mr. Gunter’s land above named, and I saw corn taken from that farm to the Cherokee side of the river, which I understood to be rent corn and I saw corn lying in a pile inside of the said plantation which I understood to have been made by Howel Rose. I also once heard Samuel Tyler say that he had rented the above agreed land from Edward Gunter.

Benjamin Roden

Sworn and subscribed to before me this 14th April 1832

A.R. Barclay Justice of the Peace (seal)

9th David Ricketts being next called states that in the early part of the year 1820 Edward Gunter lived in the Cherokee Nation and has continued to live there ever

0690

since that time to the present date.

David Ricketts

Sworn and subscribed to before me this 14th April 1832

A.R. Barclay Justice of the Peace (seal)

10th John W. Cole being next called states that he became acquainted with Edward Gunter fifteen years ago. He Gunter then lived on the north side of the river and continued to live there on to the spring of that year, and then he moved off, I think up the river to the south side near to where Samuel Gunter now lives something like 8 or 10 miles from Gunter’s Landing. My next acquaintance with E. Gunter was in January 1823 he was then living on the south side of the river in the Cherokee Nation and has continued to live on the same side of the river ever since.

Question by Booker Smith. Were you at or in the neighborhood of the reservation in question between the years 1817 and 1823? And if you were, where did Mr. Edward Gunter then live? Answer. I was there twice during that time, in the months of October in two different years. And I was informed

0691

by said Gunter’s ferryman Thomas Aikman that he lived from eight to ten miles from the said reservation in the Cherokee nation at those times; and has continued to live there (in the Cherokee Nation) ever since and I have resided in this neighborhood for the last nine years and have never known of Mr. Gunter’s having lived on the land in question during that time.

John Cole

Sworn and subscribed before me this 14th April 1832

A.R. Barclay Justice of the Peace (seal)

11th George T. Reed being next called states that he became acquainted with Edward Gunter in the year 1818 at which time he lived in what is now known as the Cherokee Nation on the south side of the Tennessee River, and opposite to the place he now claims as a reservation in the county of Jackson. Question by Booker Smith. Where has Edward Gunter resided since your first acquaintance with him in the year 1818? Answer. He has not lived on the reservation in question since my first acquaintance with him; and has continued to live in the Cherokee Nation ever since that time. Question by Booker Smith. Do you know that Edward

0692

Gunter did, in the year 1819, remove the houses on the reservation claimed by him, so as to make the center of said reservation a considerable distance further down the river? Answer. I think the houses were removed from where they stood at the time of any first acquaintance with that place about one quarter of a mile lower down the river, which was done as I suppose in the year 1819. As I saw them standing at the place they were removed to in the fall of 1819. Question by Booker Smith. Did not Mr. Gunter by removing his houses as above named gain good land that distance one way and one mile the other way; and thereby add greatly to the value of the reservation above named? Answer. By that means Mr. Gunter gained land that is considered very valuable, instead of land of very inferior quality. Question by Booker Smith. Has it not been generally said by the people in this neighborhood that it was a fraud practiced by Mr. Edward Gunter to the injury of the Government of the United States in this removing the houses above named? Answer. It has been generally said to be so.

Question by Edward Gunter. Did you see the

0693

houses removed you speak of? Answer. I did not. Question by Edward Gunter. Do you know where the center of the reservation is? Answer. I do not know. Question by Edward Gunter. Did my plantation lie at the ferry landing when you first became acquainted with it in 1818? Answer. It was between where Mr. Gunter’s houses originally stood and the Ferry landing, and extending I think nearly from one place to the other.

George T. Reed

Sworn and subscribed to before me this 16th April 1832

A.R. Barclay Justice of the Peace (seal)

I certify under my hand and seal that the foregoing deposition was taken truly by and before me the days and dates above written and that said Hugh Henry, John Cox, Edward Cox, Gilbreath Barton, Elisha Clampett, Robert Walker, Alexander Gilbreath, Benjamin Roden, David Ricketts, John W. Coal, and George T. Reed subscribed to the foregoing depositions in my presence this 16th April 1832.

A.R. Barclay (seal)

Justice of the Peace for

Jackson County (Alabama)

0694

State of Alabama

Jackson County

I Richard Blelagian clerk of the county court for the said county do hereby certify that A.R. Barclay Esq. before whom the foregoing depositions were taken and whose name appears subscribed to the within and foregoing certified now is and was at the time of subscribing his name thereto and acting Justice of the Peace in and for the said county duly qualified as such and that full faith and credit is and should be given to all his acts as such.

In Testimony whereof I have hereunto subscribed my name and affixed my personal seal this being said seal of affairs at office this 23rd day of April 1832.

(seal)

Tesa R. Blelagian Clerk

0695

Notice

John Gilbreath

And Booker Smith

Vs.

Edward Gunter

A. Copy

State of Alabama Jackson County

Personally appeared before me A.R. Barclay an acting Justice of the Peace in and for this county aforesaid John A. Wear who being duly sworn states that on the 13th day of April 1832 he delivered to Edward Gunter a notice of whereon this as a true copy and explained it to him truly.

A. Wear

Sworn and subscribed to before this 13th April

A.R. Barclay JP

0696

Mr. Edward Gunter

Sir, you will please take notice that we shall attend at the office of Archibald R. Barclay Esq. on Saturday the 14th just for the purpose of taking the deposition of Gilbreath Barton, Robert Walker, and John W. Cole, to be read as evidence before the commissioners of the Genl. Land Office in this city of Washington, District of Columbia respecting your claim to a reservation of land containing six hundred and forty acres of land claimed by you, and lying in the country of Jackson, on the north side of the River Tennessee.

To be continued from day to day, until the whole is taken, at which time and place, you may attend if it suits you.

Mr. Gillbreath

Booker Smith

April 13th 1832

0697

Notice to Edward Gunter

Once state by hand a copy to Edward and by reading and explaining the source to him on the 10th day of April 1832 by me.

David Ricketts

Constable

0698

Mr. Edward Gunter,

Sir, take notice I shall attend at the office of A.R. Barclay an acting Justice of the Peace for the County of Jackson on the 13th of this inst. and to continue from day to day until the evidence is all taken to taken the evidence of John Gunter, Sir Thomas Hodges, William Smith, Robert Walker, respecting your right to a reservation of land said to be taken by Thomas Harrison, when you may attend if you choose, this 9th April 1832.

L.H. Bashart

0699

Booker Smith and John Gilbreath

Vs

Edward Gunter

For Rich Check

Expected on the 17th day of April 1832 by me.

Jefer Check

Deputy Constable

0700

State of Alabama

Jackson County

To any, or Jeffer Check Deputy Con., lawful officer to execute. You are hereby commanded to summon Richard Check to be and appear at the office of A.R. Barclay on the 17th instant to give evidence respecting a reservation of land in said county, claimed by Edward Gunter, which claim is contested by Booker Smith and John Gilbreath herein fail not. Given under my hand and seal this 16th day of April 1832.

John C. Johnson (JP) (seal)

0701

L.D. Bashart

Vs

Edward Gunter

For John Gunter

Executed on the 23rd day of April 1832 year.

David Ricketts

Constable

0702

State of Alabama

Jackson County

To any lawful constable you are hereby commanded to summon John Gunter in to appear before me at my office on the 24th day of this instant to give evidence in a certain matter of controversy before me defending therein L.D. Bashart is plaintiff and Edward Gunter is defendant fail not give under my hand and seal this 13th day of April 1832.

A.R. Barclay J.P.

Justice of the Peace

0703

Subpoena

John Gunter

L.D. Bashart

Vs.

Edward Gunter

Executed on the 10th day of April 1832 by me.

David Ricketts

Con.

0704

State of Alabama

Jackson County

To any lawful officer granting you are hereby commanded to summon John Gunter to appear before me at office on the 13th instant to give evidence in a certain matter of controversy wherein L.D. Bashart is plaintiff and Edward Gunter defendant in behalf of the plaintiff fail not given under my hand and seal this 9th March 1832.

A.R. Barclay JP (seal)

0705

Subpoena for Jno Gunter Sir

L.D. Bashart

Vs

Edward Gunter

Executed on the 23rd day of April 1832 by me.

David Ricketts

0706

State of Alabama

Jackson County

To any lawful officer granting you are hereby commanded to summons John Gunter Sr to appear before me at my office, on the 24th instant to show course if any he had why he did not appear before A.R. Barclay to give evidence in case L.D. Bashart against Edward Gunter and why the statute shall not take it due course for his failing to appear fail not given under my hand and seal this 13th April 1832.

A.R. Barclay JP (seal)

0707

Notice

John Gilbreath and Booker Smith

To Edward Gunter

Executed by handing a copy to Edward Gunter and by reading and explaining the same to him on the 10th day of April 1832 by me.

David Ricketts

Constable

0708

Mr. Edward Gunter

Sir,

You will please to take notice that we shall attend at the office of Archibald Barclay Esq. on Friday the 13th instant for the purpose of taking the evidence of Bailey Read, John Gilbreath, Alexander Gilbreath, Hugh Henry, Edward Cox, Elisha Clampett, Richard Check, Howel Rose, William McKee, Richard Kirkland, David Ricketts, Booker Smith, David Parkhill, Benjamin Roden, Jeremiah Roden, John Cox, Edmond Bridges, and Samuel Webber to be read in evidence before the commissioners of the General Land Office in this city of Washington District of Columbia respecting your claim to a reservation of land containing six hundred and forty acres of land claimed by you and lying in the county of Jackson, and on the north side of the Tennessee River to be continued from day to day until the whole is taken, at which time and place you may attend if it suits you.

John Gilbreath

Booker Smith

April 10th 1832

0709

Notice to Edward Gunter

Executed by handing Edward a copy this notice by the 14th day of April 1832

David Ricketts

Const.

0710

State of Alabama

Jackson County

Mr. Edward Gunter

Sir take notice I shall attend at the office of Archibald R. Barclay a Justice of the Peace for said county on the 24th of this inst. for the purpose of taking the deposition of John Gunter Sr, Thomas Hodges, Robert Walker, Isaiah Walker, and William Smith respecting your right or the rights that Thomas Harrison had to a reservation of land of 640 acres claimed by him in township 7 range 4 east in said county when you may attend of your choice this 14th April 1832.

L.D. Bashart

0711

Notice to John Gunter

This notice executed by handing a copy to John Gunter Sr and by reading and explaining the same to him on the 10th day of April 1832 by me.

David Ricketts

Constable

0712

Mr. John Gunter sir,

Take notice that I shall attend at the office of A.R. Barclay a Justice of the Peace for the county of Jackson on the 13th day of this month for the purpose of taking the evidence of Isaiah Walker, Robert Walker, William Smith, Booker Smith respecting your right to a reservation of land in township 647 range 4 east where you may attend if you choose this 9th April 1832

Isaiah Wilerman

0713

1836

Copy of a transcript made from John Gunter Jr. to John Gunter Sr.

No 5

June 18/84

See Cherokee series of books No 17 p 15

Christavey

0714

State of Alabama

Jackson County

Know all hereby then present that I John Gunter Junr. Of the county of Jackson and state of Alabama for and in consideration of the sum of six thousand dollars to me in hand paid the receipt whereof is herby acknowledged have this day bargained sale transpired and delivered and by these presents do bargain sale transfer and deliver unto John Gunter Senr. Of the county and state aforesaid all my right title claim interest and demand of in and to the following described property (viz) one improvement or occupant claim to a certain tract or parcel of land lying in that part of Jackson County state of Alabama over which the jurisdiction of said county has been extended by the legislature of said state containing about one acre and up on which is a store house known and called by the name of Gunters Store and also a blacksmith shop and other improvements together with the appartainances and also my full entire and complete stock and assortment of goods earned and merchandise now on hand at said storehouse and all that has been purchased heretofore for the use and benefit of said establishment and not yet received be it all of whole kind character and description it may also owe other improvements in the same part of said county know and called by the name of Cave Spring improvement and purchased by me of Stephen Newman with all its appertainances and I also owe other improvements in the same part of the said county on Brown’s Creek adjoining the improvement of Dry Forehead and purchased by me of Howell Rose and its appertainances also five horses and one mule and two wagons with their gear to have

0715

and to hold all and singular the property of every kind, sort, character, and description herein mentioned and by these present bargained, sold, transpired, delivered under the said John Gunter his heirs, executors, administrators, and assigns forever and the said John Gunter Junr. do hereby lend and obligate myself to warrant and defend to the said John Gunter Senr. his heirs, executors, administrators, and assigns all the property therein mentioned and specified against the claim or assigns and the claims of or claim myself, my heirs, executors, and administrators and any al every other person whatsoever in testimony whereof I have here unto set my hand and affixed my seal this 21st day of February 1834.

J. Gunter (seal)

Test

M.W. Lindsey

Stephen Newman

State of Alabama

I Moses Jones clerk of the county court of Jackson county do hereby certify that the above and foregoing is a true and perfect transcript of a transfer made from John Gunter Junr. to John Gunter Senr. as registered in this office and proven by Stephen Newman one of the subscribing witnesses to said transfer.

In testimony whereof I have hereunto subscribed my name and affixed my private seal having no seal of office, at offices in Bellafonte the 29th day of September one thousand eight hundred and thirty six and of American Independence the sixty first year.

Moses Jones clerk CC

Clks fees} $1.75

0716

Copy of the last will and testament of John Gunter Senr.

No. 6

0717

The Last Will and Testament of John Gunter

I John Gunter Sen. of the Cherokee Nation and residing in the said Nation do make and ordain this my last will and testament.

1. I desire that all my just debts shall be paid as soon as convenient after my decease.

2. It is my will that my son Samuel Gunter have my mill and plantation situated and being on and near Brown’s Creek being the same which I purchased of James Thompson and also that he have one Negro woman named Peggy move in his possession. I also give to my son Samuel Gunter all the debts which he may be owing me at the time of my decease.

3. It is my will that my daughter Martha Henry have the five following Negroes viz Peter Murray. Sukey and his children, Viny and Lucy and all the increase of the said Negroes.

4. Should my daughter Martha die without children it is my will that the said Negroes above mentioned be considered as part of my estate and be divided as follows viz one to each of my children and one to my grand daughter Nancy Gunter a daughter of Edmond Gunter.

5. Should the above Negroes have any more increase after this time then it is my will that my grandson George a son of Samuel Gunter have one and any other increase which they ma have to be divided between my daughter Elizabeth and Catherine.

0718

6. It is my will that my daughter Elizabeth Gunter have the six following Negroes viz. Olivan Nero Isaac, Judah, Amy, and old Lucy and all their increases

7. It is my will that my daughter Catherine Gunter have the five following Negroes viz. Bill, Andrew, Calvin, Polly, and Peggy and all their increase.

8. It is my will that my son John Gunter Junior have the six following Negroes viz. Tom, Bob, Mary, Augustus, Daniel, and China and all their increase.

9. It is my will that all warrants what I may have on the Cherokee Nation at the time of my decease shall belong to my son John Gunter, Jr.

10. As I have sold my crop of cotton of the year 1832 to my son John Gunter Jur. for five hundred dollars it is my will that if I should die before he can return from his contemplated voyage to New Orleans then the said John shall not be called upon to make payment for said cotton provided that he shall on his return supply the family at my present home with three hundred pounds of coffee and three barrels of sugar but if I should live till he can return then this tenth article to be void and of no effect.

11. It is my will that my reservation of a tract of land lying in Jackson county Alabama and known by the name of Gunter’s Old Place about eight miles from Gunter’s Landing shall belong to my son John Gunter Junr.

12. It is my will that my granddaughter Lucy McLoy whom I have raised shall have the four following Negroes viz. Aaron, Jacob, Chloe, and

0719

Mary and all their increase.

13. It is my will that my wife Catherine Gunter have the seven following Negroes viz Will, Sophy, Jack, Abram, Bolivar, Rachel, and Bonipart and all there increase.

14. It is my will that on the decease of my wife Catherine Gunter five of the last mentioned Negroes viz. Will, Sophy, Jack, Abram, and Bolivar with all their increase shall belong to and become the property of my youngest daughter Catherine Gunter.

15. It is my will that on the decease of my wife Catherine Gunter two of the Negroes mentioned in article thirteen viz. Rachel and Bonipart with all their increase shall belong to and become the property of my son Edmond Gunter.

16. it is my will that my wife Catherine Gunter have the use of all my hosue hold and kitchen permits during his life and at his decease that it be divided equally between my three daughters Martha, Elizabeth, and Catherine and my granddaughter Lucy McLoy provided however that if either of my daughters or granddaughter should marry before the decease of my wife then my is wife is requested to give to such an one his part of the furniture.

17. It is my will that all my stock of cattle and hogs be equally divided between my wife Catherine and my daughters Martha, Elizabeth, Catherine, and my granddaughter Lucy McCLoy.

18. It is my will that my wife Catherine Gunter have my house and plantation where I now live with all its appertinances including the plantation on the island at her own disposal during her life provided that she shall not sell, rent, or in any way put it out of her own cultivation.

0720

as long as the land belongs to the Cherokee Nation.

19. It is my will that at the decease of my wife Catherine the house and plantation of land mentioned in the last article shall be by the executors of this my last will and testament offered for sale to the Leggatees alone who are mentioned in this will and no one else shall have a right to become a purchaser and the property shall be sold to and become the rightful possession of the individual among my leggatees who will give the highest price for it and at the same time enter into such penal bond as the executors shall deem prudent that he or she the said purchaser will not dispose of the said house and plantation of lands to any one except one of my lenial descendants.

20. And it is furthermore my will that no person except one of my own descendants shall ever become the owner of the property mentioned in the 18 article. I do therefore ordain that if any of my heirs shall dispose of it to any such an individual the title to said individual shall be and it is hereby declared to be null and void and the property shall in such case return to and be vested in my legatees to be disposed of as directed in article nineteen.

21. It is my will that my wife Catherine Gunter have six hundred dollars in ready money. My daughter Martha Henry two hundred and fifty dollars. My daughter Elizabeth Gunter two hundred and fifty dollars. My daughter Catherine Gunter two hundred and fifty dollars. My granddaughter Lucy McLoy two hundred

0721

and fifty dollars all which sums are to be paid in ready money by my executors as soon as they shall enter upon the duties of their office.

22. It is my will that all my ready money after the above named shall have been paid hall be equally divided between my sons Samuel and Edmond.

23. Although I have left several legacies to my daughter Martha Henry yet it is my will that none of them be paid to her so long as she shall remain the wife of Hugh Henry but it is my will that all legacies which I have designated for the said Martha shall be placed in the hands of Samuel and Edmund Gunter in trust for the use and benefit of the said Martha and they shall be required to give bond for the good management of said legacy and the faithful application of all the proceeds to the benefit of the said Martha and if the said Martha shall die without issue, then all the legacies which I have designated for her shall be regarded as part of my estate and shall all except the Negroes mentioned in articles 3-4 and 5 be equally divided between my daughters Elizabeth and Catherine.

24. It is my will that if in any way my daughter Martha shall during her life cease to be the wife of Hugh Henry or should have issue then all legacies which I have designated for her shall pass into her hands and be at her own disposal.

25. And for the purpose of carrying in to execution this my last will and testament I name as my executors John Ross, George Lowery Sen., the Spirit Boat and Bank all citizens of the

0722

Cherokee Nation.

In witness whereof I have hereunto set my name by making my mark and affixing my seal this sixth day of March in the year of our Lord one thousand eight hundred and thirty three.

His X

John Gunter (seal)

March seven

Signed, sealed, published and declared by the said testator as and for his last will and testament in our presence who at his request in his presence have subscribed our names as witnesses thereto.

Wm. Potter (seal)

William Turner

Larken Beavert

State of Alabama

Jackson County

I Moses Jones clerk of the county court for said county do hereby certify that the foregoing is a true and perfect transcript of the last will and testament of John Gunter Sen. as filed in this office for registration and proven by William Turner and William Potter subscribing witness to the same.

In testimony whereof I have hereunto subscribed my name and affixed my private seal having no seal of office at offices in Bellfonte this 28th day of September one thousand eight hundred and thirty six and of American Independence the sixty first year.

Moses Jones Clerk CC

0723

Clerk Fees} fees copy $2.00

Certificate .50

$2.50

0724

John Gunter

Deposition

0725

State of Alabama

Marshall County

This day personally before me Richard Coleman an acting Justice of the Peace in and for said county. John Gunter who signed an oath – that some time in the latter part of the year of 1829 – a Mr. Hugh Henry removed himself of effects – out of the jurisdictional limits of the Cherokee nation and went across the Tennessee River into the county of Jackson and state aforesaid – about this time said Henry left his Cherokee wife - and thereby forfeited – all his right title and claim in and to the Cherokee country - after having left his wife – he then said Henry – sold to a Mr. Rich Fields a certain improvement which said Henry had left or abandoned – which improvement lies on the main road leading out from Gunter’s Landing to Ashville – and know as Braun’s Old Place – at the foot of the sand mountains. Mrs. Martha Henry then – now- Martha Blackburn – did go and take possession of said improvement in a short time after said Henry had left her – at leas she had entire possession of said improvements previously to the purchase of said Fields from said Henry – of said improvements – for in the month of July 1830 – she had a Negro Bo of mine there at work – when said Fields – went and drove said Negro Boy from the field – and told him that the place was his, and that he should not work there anymore – but previous to all this, my sister – Martha Henry – then – now Martha Blackburn – had made me her duly authorized agent to act for her in all respects – as I though best – so in the fall of 1829 – I obtained a permit from the General Council of the nation and immediately after obtaining said permit I put and placed a Mr. James H. Killisan – who was a

0726

blacksmith by trade – upon said improvement as my tenant – to keep and take care of said improvement – and I charged him especially – as the agent of m sister Martha – to let no person or persons whatsoever – take or even get possession of said improvement – so said Killisan – kept said place in peaceable possession – for me – until said Fields set up his claim to said place – & c.

So after Fields drove the boy away from said improvement – I then immediately provided against said Fields – as the laws of the Nation then directed – I instituted suit against said Fields – per said improvement in the Spring of 1830 – and in the fall of 1830 – said suit came to a hearing – and Fields lost said suit – and he then appealed from the occasion of the union court to the Supreme Court of the nation – there then the papers never was – produced – as the states laws – was then extended of our court so the case was in time by lost sight off – but consequently she went and again took possession of said improvements so Fields then resorted to the laws of Ala and had her removed from said improvements by the sheriff of the county of Blaunt and state of Ala so she has been out of possession of said place ever since – before the place was valued - I notified Moore and Ricketts to value the same in the name of Martha Blackburn & c.

John Gunter

Sworn to and subscribed before me this 3rd day of April 1837

Richard Galekin

Justice of the Peace for Marshall Cty.

0727

Paper in the case of Riddle a ? of John Gunter Sr. vs. John Gunter Jr.

0728

Decision on The Gunter Case reversed

Entered and filed Oct. 1st 1837

0729

The case of John Gunter Senior against John Gunter Junior.

The valuing agents in this case valued the whole property of John Gunter Senr. to John Gunter Junr. in exclusion of the other states.

It appears by the proof in this case that John Gunter Senr. in the month of March 1833, made his last will and testament and therein divided his mill and plantation situated on the Brown’s Creek, being the same he purchased of James Thompson, and also in the same will he provided that the home place at Gunter’s Landing, with the plantation on the island should be at the disposal of his wife during her life, but afterwards Catherine Gunter his wife died before her said husband so that, that provision in the will ceased to be operative, it further appears, that afterwards on the 21 February 1834 John Gunter Junr. by deed duly executed, and recorded and registered in Jackson County and state of Alabama, for the consideration of six thousand dollars, expressed on the face of the deed, concerned all the property he then owned, to his father John Gunter, Senr. as so admit this morning before the commissioners, but alleges, he never received the consideration how that is the commissioners are unable to say, but if the same is fraudulent as to creditors it is binding between the parties to the deed that at the time of the death of John Gunter Senr. He held the title to all the premises valued by the valuing agents, to John Gunter Junr. it also appears that since the death of John Gunter Senr. John Gunter Junr. has purchased of Scrimpsher & wife, McLasegth & wife, and Blackburn & wife, their places of said valuations, which together, with John Gunter shared of said valuations amounts to four seventh parts, of said valuations, making in the whole to the sum of six thousand three hundred and ten dollars, twenty cents and that the remaining sum of four thousand seven hundred and thirty one dollars, seventy one cents, be credited on the register of payments, to the estate of John Gunter Senr. secs. Subject to the payment of the estate of the descendent, and the balance if any to be paid warded Riddle Sheriff who in administration de bones non, of John Gunter Senr. died and that the book of the Register of payments be made (continued on 0731)

0730

Decisions of the United States Commissioners under the Cherokee Treaty of 1835

The case of William Hicks, son of Nathan Hicks

The valuation in this case was made to William hicks, son of Nathan Hicks, by Messrs Liddell and Shemphill on East Chichamauga creek, in Walker County Georgia, as will appear by book of said revaluations and it satisfactorily appears, by the testimony of Wilson R. Young, George Merck, and John J. Posey, witnesses of respectable character, that said valuation of the improvements was made to and n the name of William Hicks, son of said Nathan, to enable him (said Nathan) to defraud his creditors and particularly John White, on of them, whereupon all and singular the premises being seen, and fully understood, it is ordered and adjudged that said valuations be changed to Nathan Hicks and that the same so far as I necessary be applied, to the payment of the debts, of Nathan Hicks, for which certificates may issue, for the balance on said valuations, and having heretofore paid William Hicks, the one half thereof before the commissioners had the testimony or were informed of the said fraud, committed in obtaining the same to be valued in the name of said William Hicks.

Adjudged on 19th May 1837

0731

to conform thereto, and also it further appears, that John Gunter Junr. has paid debts for his father during his lifetime, and has also expended large sums of money in building houses on the property consigned to his father, all which amount to the sum of four thousand two hundred and ninety two dollars eighty seven cents, and it also appears, the said John Gunter Jr. has received the whole rents and profits of said estate, since the death of his fther, which is three years, and three months and the aggregate amount thereof is three thousand nine hundred dollars, which rights the equitably deducted from the same $4292.87 which leaves a balance in favor of John Gunter Junr. which rightfully belongs to him, and which it is right and proper should be charged to the estate of John Gunter Senr. and credited to John Gunter Junr. for which a certificate shall issue for John Gunter Jr. for the sum of three hundred and ninety two dollars, eighty seven cents out of the valuations due to the other heirs of John Gunter Senr. deceased. N. B. having ascertained on further investigation that there is an error as to the time to which John Gunter Jr. has been in possession of his father’s whole estate having in the above opinion charged him with three years, and six months, possession thereof instead one year and eight months the true time, which amount, to two thousand dollars, right and is hereby credited to the said John Gunter Jr. in addition to the sum before stated, amounting in all to the sum of two thousand tow hundred and ninety two dollars, eighty seven cents, for which last mentioned sum a certificate may issue in favor of John Gunter Junr. against the estate of John Gunter Senr. Decided.

0732

Bill of sale to

Riddle and Others

Vs.

John Gunter

0733

To the Honb. Wilson ? and John Kennedy correspondence for the adjudication of claims under the last treaty with the Cherokee Indian now in session at New Echota.

Alexander Riddle administrator De Bone’s Nou of all and singular the goods and ? right and credits of John Gunter decided with the will answered – Samuel Gunter, Edward Gunter, Richard Blackburn and his wife Martha formerly Martha Gunter, Marten ? Schreinshen and wife Elizabeth formerly Elizabeth Gunter, James Braught and his wife Catherine formerly Catherine Gunter, respectfully represent that John Gunter senior deceased both of the Cherokee note on a father of the aforesaid Samuel, Edward, Martha, Elizabeth, and Catherine died about the month of August 1835. Having duly

0734

made his last will and testament - a copy of which is hereto annexed marked Exhibit A and which they pray may be taken as a part of this title - they further represent that the executor therein named refused to prove said will and take on themselves the execution thereof – said John Gunter died allow the business of Jackson County in the state of Alabama. The court of said county granted administration on said Gunter estate to a certain William Potter who acted for a few months and then resigned said administration, whereupon the county court of said Jackson County granted administration on said estate to your orator Alex Riddle who has taken on himself administration of said estate a copy of the setters of adm. he has ready to produce. Among other property said John Gunter Senior had purchased a tract of land on which there was a will

0735

situated in Blount County state of Alabama, which property was forcibly detained from said John as they have been informed and which by the 2nd section of said will was ? unto your orator Samuel – depreciations were committed on said property by which was in the lifetime of said John Gunter for which spoliations on indemnity is clear under the lot Cherokee Treaty. They further represent that John Gunter Junior son of said John Gunter deceased has as they are informed and believe presented a claim of his own home for said spoliation to the Cherokee Committee now in session in New Echota and has procured the sum to be granted by said Com. when in truth and in fact he has no claim to said indemnity.

0736

as proof that the claim to said land and mill was in the home of John Gunter Senior and not in the home of John Gunter Junior they refer to a copy of a record from Blount County Alabama which is hereto annexed marked Exhibit B and which they pray may be taken as a part of this tale. They expressly charge that said John Gunter Junior occasionally attend to said land in Blount County as the agent of his father and never set upon claim to the property during the lifetime of his father or they claim. They further represent that said John Gunter Junior on the 21st day of February 1834 executed to his father John Gunter Senor a deed of conveyance for certain improvements and other property a copy of which is hereto annexed marked Exhibit C and which they pray may be taken as a part of this bole. They here further charge as they are informed and claim that said John Gunter Junior

0737

under a fraudulent instrument of writing purporting to be a conveyance from his father to him is now setting up a claim to said property and has caused the same to be valued in his own home and claims in his own right the amount of the valuation. They further represent that Catherine Gunter wife of said John Gunter Senior died about 15 or 16 days before her husband. They further represent that said John Gunter has caused all the improvements which belonged to John Gunter Senior at the time of his death to be valued in his own name. By a reference to section 19 of the will aforesaid it will be seen that said John Gunter decided the place when he lived at the time of his death to be sold and of course his children would each be entitled to a share of the money

0738

arising from the sale. Yet the said John Gunter Junior holds possession on those claiming under him now hold possession of the place to the exclusion of the other heirs. They believe the yearly value of said place including the store house is worth more than $12.00. Richard Blackburn and his wife Martha, Martin M. Schreinshen and Elizabeth his wife, James B. Vaugtie and Catherine his wife represent that on the false and fraudulent representation of said John Gunter they were induced for a consideration grossly inadequate to contract for the sale of their share of the improvements possessed by John Gunter Senior at the time of his death. A small sum was paid to James B. Vaugtie towards his share of said improvements which he is ready to refund to said John Gunter with interest thereon but nothing has been paid to Blackburn or Schreineshen and the contracts with them are said first on the ground that they were

0739

inclined into thro’ the fraud of said John Gunter and succeeded by the non fulfillment of the stipulation on the part of said John. The said Alexander Riddle represents that since he became administrator he has called on said John Gunter for possession of the place on which the old man laid on the terms of this death to enable him to sell it agreeable to the provisions of the will. But said John refused to deliver possession saying he had the advantage of said Riddle and the coheirs of said Jno. Gunter deceased that he intended to half it. But frequently urged said Riddle to proceed to sale said place thus adversely possessed well knowing that no other person would quite value in that solution and he would be enabled to purchase and for a small sum has this corrupt license. The previous considered the complainants pray that the commissioners will ? the several matters and things.

0740

stated in the foregoing bill that they will on final hearing ? to the complainants wherein equity and good conscience they are entitled to and that said John Gunter be made to account for the ? and ? of the several improvements aforesaid which he has had possession of & c & c.

John Williams Atto.

For complainants

Alexander Riddle makes oath that the matters and things stated in the foregoing tell as of his own knowledge are ? and other things stated as that of his own knowledge be believes to be true from the information of his co complainants.

Admit with the will answers

A. Riddle of the estate of John Gunter

Sworn to and subscribed 15th Dec. 1836 before

J Kennedy

One of the Commissioners

Source: National Archives Microfilm Publications, Microcopy 574, Roll 4. Transcribed by Roy Boney, Jr.

Updated 3.2.2010