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Sequoyah Research Center

John Gunter Jr.’s Reservations Land Claim Case

J4141

0746

Six months after date I promise to pay Samuel Gunter eighteen dollars and twenty four cents for value received of him as witnessed my hand and seal this the 29th November 1834.

(signed in Cherokee syllabary) (seal)

J. W. Gunter Junior he is acquainted with the ? of the alleged contract that he wrote the above note I saw it ? and acknowledged for the purpose then attached and that the same is trust.

March 4th 1838

G.M. Gunter

0747

No. 2

Stephen Newman affidavit

XX

0748

Voucher No. 2

0749

State of Alabama

Marshall County

This day personally appearing before me E. Harrisborough an acting justice of the peace in and for said county and state, Stephen Newman who upon oath states that on or about the 21st day of Feby. 1834, he and Mather Lindsey subscribing in the presence of each other, a bill of sale from John Gunter Jr. to John Gunter Sr. whereby John Gunter Jr. conveying and occupying to his father John Gunter Sr. six negroes, in consideration of which conveyance and accuracy, John Gunter Sr. undertook and providing thereupon to pay said John Gunter Jr. two thousand four hundred and six dollars. This affidavit states that there was nothing paid to John Gunter Jr. at the time of the execution of that date of such and from his knowledge of parsley and their business from that time up to the death of John Gunter Sr. he does not know or believe that one cent has ever been paid of the purchase money to John Gunter Jr. if it has both offices and would have known or heard of it from his frequent intercourse and intimacy with the purses.

Stephen Newman

Sworn and subscribed before me

This 24 day of Dec. 1836

E. Harrisborough (seal)

Justice of the Peace

0750

The above gent – whose name appears to be attached to the foregoing affidavit is a gent of unblemished character and should be believed to ? where on oath this 29 day of Dec. 1836

E. Harrisborough (seal)
Justice of the Peace
The State of Alabama

Marshall County

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do testify that E. Harrisborough whose signature appears to the above and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting justice of the peace in and for said county Marshall duly elected, qualified and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year.

Test.

R. Randles Clk. C.C.

0751

No 3

Stephen Newman

Affidavit

XX

0752

State of Alabama

Marshall County

This day personally appeared before me E. Harrisboro an acting justice of the peace in and for said county and state. Stephen Newman who upon oath states that Led Malhen and Mr. Lindsey subscribing in the presence of each other the within requisition assignment between John Gunter Jr. and John Gunter Sr. and that the same was acknowledged by both the parties for the purposes therein expressing and that John Gunter Jr. did thereafter act as the clerk and overlooker of the business of John Gunter Sr. iin and about his stone house from the date of the within ? and to the death of John Gunter Sr. and thereafter until the 6th day of Jany. 1836 chose he was removing from that business by William Botter the then admin. With the will among of John Gunter deceased and this affidavit verily between his survey were worth the sum assign to be give if not much more.

Stephen Newman

Sworn and subscribing before me this 31 day of Decr. 1836

E. Harrisborough

Justice of the Peace

0753

The above gent who is attached to the above affidavit is a gent of unblemished character and is entitled to credit when on oath.

29th Dec 1836

E. Harrisborough

0754 (repeat of 0752)

State of Alabama

Marshall County

This day personally appeared before me E. Harrisboro an acting justice of the peace in and for said county and state. Stephen Newman who upon oath states that Led Malhen and Mr. Lindsey subscribing in the presence of each other the within requisition assignment between John Gunter Jr. and John Gunter Sr. and that the same was acknowledged by both the parties for the purposes therein expressing and that John Gunter Jr. did thereafter act as the clerk and overlooker of the business of John Gunter Sr. iin and about his stone house from the date of the within ? and to the death of John Gunter Sr. and thereafter until the 6th day of Jany. 1836 chose he was removing from that business by William Botter the then admin. With the will among of John Gunter deceased and this affidavit verily between his survey were worth the sum assign to be give if not much more.

Stephen Newman

Sworn and subscribing before me this 31 day of Decr. 1836

E. Harrisborough

Justice of the Peace

No. 3

Articles of argument viz. John Gunter Jr. and John Gunter Sr.

0755

State of Alabama

Marshall County

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do certify that E. Harrisborough whose signature appeared to the above affidavit and certificate is now and was at the time of his assigning the same an acting justice of the peace in and for said county Marshall, duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts. In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year.

Test.

R. S. Randles Clk. C.C.

0756

State of Alabama

Jackson County

This article of argument made and entered into between John Gunter Senr. of the county and state aforesaid of the one part and John Gunter Junr. of the county and state aforesaid of the other part witnesseth that the said John Gunter Senr. has this day employed the said John Gunter Junr. to attend to oversee and transact his business in the mercantile establishment which he has this day purchased of said John Gunter Junr. and the said John Gunter Sr. obligated himself to furnish said John Gunter Jr. in clerk to appoint him in said business and give him the sum of two hundred and fifty dollars a year for the term of the three years. And the said John Gunter on his past promises and obligates himself to attend to oversee and transact honestly and faithfully the business of said Gunter for the said space of three years and to use his best execution to promote and advance the interest of said John Gunter Senr. in said business. IN testimony whereof we have herewith set our hands and affixed our seals this 20th day of February 1834.

His X mark

John Gunter Senr. (seal)

John Gunter Junr. (seal)

Test.

M.W. Lindsay

Stephen Newman

0757

Affidavit of Lucy Gatlin

No. 5

0758

State of Alabama

Marshall County JS

Personally appeared before me James Childref, a Justice of the Peace in and for the said county Lucy Gatlin who being duly sworn according to law doth depose and say that she was residing with her grandfather John Gunter Senr. near Gunter’s Landing at the time of his death which occurred about the 27th or 28th of August A.D. 1835, and that shortly after his death not more than two or three days John Gunter Junior who was also residing in the house of his father, came to this deponent during the night time and requested her to carry a light for him upstairs. This deponent went with him upstairs and then John told her that he was going to remove the money of his father down to the store. This deponent further says that at this time John took eight bags of money some of them appeared to be full this deponent does not remember how many, John took the money with him to the store and this deponent never saw the money again and further this deponent saith not.

Lucy Gatlin

Sworn to and subscribed before me this 27th day of May A.D. 1837

James Childres Ho.

Justice of the Peace

0759

Geo. W. Gunter’s affv.

No.6

0760

State of Alabam

Marshall County JS

Personally appeared before Booker Smith a Justice of the Peace in and for the county of Marshall Geo. W. Gunter of the same county who being duly sworn according to law depose and say that sometime in the fall of 1845 after the death of John Gunter Senr. He had a conversation with John Gunter jr. at Bellefonte in which conversation the said John Gunter Junr. told this deponent that all the money belonging to the estate of his father which he had got at the dwelling house of his father, he had then locked up in his store house near Gunter’s Landing in his chest and further this deponent saith not.

G.W. Gunter

Sworn to and subscribed before me this 27th day of May 1837.

Booker Smith

Justice of the Peace

0761

No.7

Jno. Gunter

Affv.

W.W. and J. M. McF.

$43. 18/100

0762

No. 7

W.W. and J.M. McFarlane

Affidavit

0763

The State of Alabama

Marshall County

I Richard Randles clerk of this county court of Marhall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting justice of the peace in and for said county Marshall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand and affixed my seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year.

Test.

R.S. Randles Clk C.C.

0764

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting Justice of the Peace in and for the county aforesaid, W.W. and J.M. Mcfarlane – who after being duly sworn deposeth and saith that the estate of John Gunter Sr. decd. Was indebted to them, to the amount of forty three dollars and eighteen cents as will be seen as per apt. and receipt above bearing dates Agst 11th, 1838 and Sept. 5, 1835 and No. 7. The right above will have that the above amt. was paid to us by John Gunter. Sworn to and subscribed before me this 29 day of Dec. 1836

J.M. McFarlane

E. Harrisoborough JP

Justice of the Peace

I do hereby certify that I am well acquainted with the above gent who have affixed their names to the above certificate and that their characters are unblemished and is entitled to credit in any course of justice this 24 day of Dec. 1836.

E. Harrisborough JP

Justice of the Peace

0765

Mr. John Gunter, Sr. Deceased in ?

1835 M.M. & J.M. McFarlane

April 11th

,
70 ? lamb at 4/6 $7.50
7 ? ? 5/3 1 pr stockings 4/6 $6.87
1 pr gloves 3/9 2 ? bobbin Ms at 4/6 $2.12/2
1 spool thread at 9 and 4 ? lamb at 3/ $2.12/2
1 s. nails $0.10/2

26

,
11/2 ? lamb at 4/6 6 ??? 6/ $17.50
2 spools of threat at 9 and 1 vest pod 6/ $1.25
½ ? blc. duns 2/ 1 bunch tape 9? $0.62
2 ? fine lamb 6/2 2 sks. Silk 4 $2.12/2
Buttons 2 1 spool thread 9 $0.18 2/4
Buttons 2/3 2 yd ? ? 6/ $0.87/2
3 pr gloves 3/9 $1.87/2
$43.18 3/4

Paid the above affiant in full by the hand of John Gunter this 5th Sept. 1835

W.W. & J.M. McFarlane
By A.C. McFarlane

0766

No. 8

Receipt to John Gunter $10.25

The State of Alabama

Marshall County

I Richard Randles clerk of this county court of Marhall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting justice of the peace in and for said county Marshall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand and affixed my seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year.

Test.

R.S. Randles Clk C.C.

0767

Gunter’s Landing Nov. 7th 1835
Paid of John Gunter ten dols. and twenty cents infull for shoemaking &c.

Samuel Fain

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting Justice of the Peace in and for said county. Samuel Fain – who after being duly sworn, deposeth, and saith – that he was employed by John Gunter to make shoes for the Negroes which then belonged to the estate of John Gunter Sr. deceased and after I had finished making the shoes I then made out my ? and presented it to John Gunter for payment and said John Gunter did accordingly pay me my money for making the shoes as I was employed by said Gunter to make said shoes as you will find by my receipt above to said Gunter under date 7th Nov. 1835 and No. 8. Sworn to and subscribed before this 7 day of Jany. 1837.

Samuel Fain

E. Harrisborough JP

Justice of the Peace

The above affiant is entitled to credit this 7th day of Jany. 1837

E. Harrisborough

0768

No. 10

W. Stephen Newman

?

against the estate

John Gunter Deceased

$13.50

0769

No. 10

Stephen Newman

Affidavit

0770

The State of Alabama

Marshall County

I Richard Randles clerk of this county court of Marhall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting justice of the peace in and for said county Marshall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand and affixed my seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year.

Test.

R.S. Randles Clk C.C.

0771

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting Justice of the Peace in and for said county. Stephen Newman – who after being duly sworn deposeth and saith that the above affiant was a just and true affiant which I held against the estate of John Gunter Sr. deceased and after giving the above affiant all the just credits which I was due to said Gunter Sr. deceased and then fell in my debt to the amount of three dols. and fifty cents and the said remaining part of said debt was paid to me by John Gunter, as will be seen – as the bill and right above under date 20th Nov. 1835 and no. 10. Sworn to and subscribed before me this 27th day of Dec. 1836

Stephen Newman

E. Harrisborough JP
Justice of the Peace

The above affiant is justly entitled to full credit and confidence in any court of justice this 29th day of Dec. 1836

E. Harrisborough JP

Justice of the Peace

0772

1835

John Gunter Sr. Deceased

To Stephen Newman
To fulfilling wagon wheels 7.00
Stocking 2 shovel ploughs at 4/6 1.30
Making ? single truss at 1/—– 1.00
Making 2 shafts for ? wagon 1.50
Making 2 upling poles for wagon 1.00
Making 2 wagon tongues 4/b 1.50
13.50

??

$10 dols I was due J. Gunter Sr. Dec. 10.00
? cart from John Gunter 3.50
$13.50

This 20th Nov. 1835

Stephen Newman

0773

Archie Campbell deposition

No. 11

Relating to the litigation of the Gunters

0774

State of Alabama

Marshall County JS

Personally appeared before me James Monrow Captain Archie Campbell of the same county who being duly sworn according to law doth depose and say that some time after the store house on John Gunter Senr’s plantation near Gunter’s Landing was built he came there and noticed that the old sign board of John Gunter junior was taken down and a new one with the name of Jno. Gunter senior was put up in its place, all that this deponent could judge by way that the colours of the sign board were changed as this deponent cannot read English – this deponent asked John Gunter junior why he had got a new sign. John answered him that the property the store house and the good belonged to the old gentleman his father and that this name on the new sign was his father’s there was other conversation of the same kind at this time – deponent further saith that the gin house on the same plantation was not built until long after this conversation.

Archie Campbell

His mark

Sworn to and subscribed before me this 29th day of May 1837.

Ja. Munrow

Captain Cong. Post

Gunter’s Land.

0775

No. 13 and 14, 15, 16 and 17

Charles R. Terrell

Affidavit

0776

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting justice of the peace for said county Charles R. Terrell who after being duly sworn deposeth and saith – that John Gunter did pay to him for the estate of John Gunter Sr. deceased on hundred and forty as will be seen as pr aft. No 13 for his services as over to the estate of said Gunter deceased. I did also see John Gunter Sr. deceased purchase of John Gunter the following articles as well be shown as per aft. From No. 14 up to No. 17 and dates from 1st March 1835 up to 5th Sept 1835 and for which John Gunter Sr. deceased did never pay to John Gunter one cent. Neither has the administrator to said John Gunter Sr. deceased estate ever paid to said John Gunter one cent. As they may this day be seen, charged on the books of John Gunter against the estate of John Gunter Sr. Deceased. I am well acquainted with all the fact because I helped to weigh the bacon & c and saw John Gunter Sr. deceased receive the same. I known all the facts because I was living with said Gunters at the time – and the whole of the aft. which John Gunter has charged against John Gunter Sr. deceased from no. 1 to no. 12 I believe to be just and true from all the facts I know concerning the aft. for during the time I lived with said Gunters. I did frequently see John Gunter - then John Gunter d.- pay out many

0777

for the entire use and benefit of John Gunter Sr. deceased and during the time I lived with said Gunters the whole concern – taking the form – and other things appertaining there to – appeared to be under the entire direction of John Gunter – then – John Gunter d. – as I know everything for the use of the farm was purchased and paid for by John Gunter then John Gunter d. and if a person had not of been well acquainted with said Gunters they never could have told who was the rightful owner, or possessor of all the property about them and I to this day do not directly know who was actually the legal owner of all the property which was about them as one always assumed as much authority over it as the other. Sworn to and subscribed before this 27th day of Dec. 1836.

Charles B. Terrell

E. Harrisborough JP

Justice of the Peace

The gent name which appears to be affixed to the foregoing affidavit is justly entitled to full credit and confidence this 29th Dec. 1836.

E. Harrisborough JP

Justice of the Peace

0778

The State of Alabama

Marshall County

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within and foregoing affidavit and certificate is now and was at the time of assigning the same an acting Justice of the Peace in and for said County Marshall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year.

Test.

R.S. Randles

0779

No. 6

John Gunter
Claim for spoliations

$3500 dols.

Admitted

0780

No. 26

John Gunter’s claim for spoliation

Registered B.A.

Page 9

Admitted for

$3500

admitted

0781

The claim of John Gunter, against the United States for Spoliations, as provided for in the 10 Articles of the Late Treaty between the United States and the Cherokee Nation, East

Whereas I John Gunter did purchase of James Thompson in the winter of 1829 the following ?? improvements. All the entire and first possessions which was owned or claimed by James Thompson a native by marriage at or near the head of Brown’s Creek in the Cherokee Nation, one farm, together with all its appurtenances and annexed to which was a ? mill, and cotton gin, and its press said mill and gin was propelled by water power and at said possessions I have placed my miller Mr. Rbt. Liuwell under a permit from the General Council of the Nation which possessions is about fourteen miles from where I have lived during the winter of 1829 while I have my miller in full possession – of said premises a certain Mr. Rogers raised a strong force of men – came and dispossessed my miller from the premises without the least shadow of a claim against me or my possessions – and said Rogers did keep and retain said possessions from me until he said Rogers was again deposed from said premises by a Mr. Mayfield and sons – and they without any claim on or against said Rogers for said premises – and during all this time I was kept from my possessions without any compensation whatever and from said Rogers or Mayfield so Mayfield kept said premises until he could sell them, and he did sell said premises to a Mr. Roberts and Mr. Roberts sold to Mr. Robert and then Roberts sold to John C. Johnson and then sell said Johnson for said premises under the laws of the state of Alabama and I lost said

0782

suit on the grounds that I was an Indian and that it was the policy of the General Govt to get the Indians away and I did pay out about one hundred and fifty dollars defending my just rights, I did purchase the within named possessions before the extension of the laws of Ala and the Indian Country now therefore, by being dispossessed of said premises – I have been damaged to the amount of five hundred dollars per year for the term of seven years which makes my damages amount to the sum of $3500 dollars. I have therefore asked to be the compensated for the losses and damages which I have sustained as our late treaty makes such provisions and the amounts which I have mentioned I think to be fair, reasonable, and jut for if I would have retained possession of said premises, I would have cleared on the cotton gin alone one thousand dollars per year exclusive of the farm and grist mill &c.

Sworn to and subscribed before me this 1st November 1836.

John Gunter

E. Harrisborough JP

Justice of the Peace

0783

G.W. Campbell

Affidavit

No. 10

State of Alabama

Marshall County, Ala.

I Louis Wyeth judge of the county court of Marshall County Alabama do certify that R.S. Randles whose signature and private seal (there being no public seal of office) are attached to the foregoing certificate is now and was at the time of certifying the same clerk of the county court of Marshall County duly authorized and commissioned as such and that the same is due force of laws May 12 1837.

Louis Wyeth

Judge of The County Court

Of Marshall County, Ala.

0784

The State of Alabama

Marshall County

Personally appeared before me B.S. Parsons one of the acting justices of the peace for said county Judge W. Campbell and after being duly sworn deposeth and saith that John Gunter Junior told him witness that the money that Edward Gunter and William Patton was hunting for that John Littlecay had taken it the said money to the Huntsville bank and that money between six and seven thousand dollars at eight percent would keep him John Gunter Junior always in the shade and that Edward Patton would never find the money there where they had been digging for and further saith the money I understood to be belonging to the estate of John Gunter Deceased.

G.W. Campbell

Sworn to and acknowledged before me this 10th day of May 1837.

B.S. Parsons Esq.

A Justice of the Peace

0785

I Richard S. Randles of the county court of Marshall County Ala. do certify that B.S. Parsons whose signature appears to the within and foregoing certificate is now and at the time of signing the same an acting justice of the peace in and for said county duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts as such.

In Testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this 10th day of May 1837 and of American Independence the 61st year.

Test.

R.S. Randles Clk CC

0786

Jun. 1835

152

No. 11

John Gunter

Ag.

Walker and Abernathy

0787

1835 June

Mr. John Gunter Sr.

In of with Walker G. Abernathy

For 1 pr ? seeds $8 ? 9 ? 813

?

Rec. of payment and sale for the above ? from Gunter ? December 22 Jany 1836.

Walker and Abernathy

By C. Cooper

0788

T.A. Pertillo

Receipt

For taxes

For 1835

81 cents

paid by John

Gunter

0789

Receipt of John Gunter by the hand of John Gunter Jr. eighty one and a fourth cents the amount of his taxes for 1835.

Sept. 26th 1835

R.S. Randles

To. T.A. Pertillo

0790

John Gunter Sr.

Quit claim to John Gunter Jr.

Premises

B

0791

Whereas I John Gunter Sen. have this day made and signed my last Will and Testament I do hereby declare that it was not my intention in any way to include the houses and one acre of land which are now occupied by my son John Gunter jr. on the road from my dwelling to Gunter’s Landing to which houses are one acre of land I have no claim of any kind.

Witness my hand and seal this sixth day of March in the year of our Lord eighteen hundred and thirty three.

His Mark

John Gunter Sen.

Seal

In presence

Wm. Potter

William Tanner,

? ? (illegible signature)

0792

Relating to m own property

John Gunter

Gilbert ?

Affidavit relating to occupant claims & c

C

The State of Alabama

Marshall County

I Richard S. Randles clerk of the county court of Marshall County in the State of Alabama do certify that E. Harrisborough whose signature appears to the within affidavit and certificate is now and was at the time of his assigning the same an acting justice of the peace in and for the said county Marshall and that due faith and credit is and ought to be given to all his official acts as such.

In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this thirty first day of December one thousand eight hundred and thirty six and of American Independence the sixty first year.

Test. R.S. Randles Clk. C.C.

0793

State of Alabama

Marshall County

Personally appeared before me Elijah Harrisborough, an acting justice of the peace for said county, Gilbert ?, who after being duly sworn say an oath that he was employed by John Gunter Jr. in the spring of 1834 to build a certain large warehouse and for which said John Gunter did pay me the money for building said warehouse I was also employed by John Gunter, then John Gunter Jr., in the summer of 1834 to build a certain frame building near the present dwelling of E. Harriborough three miles south of Gunter’s Landing and for building said house John Gunter did pay me the money. I was also employed by John Gunter, then John Gunter Jr., to build a certain large gin house, frame, and for building said house John Gunter did pay me the money and I was paid by no other person or persons whatever. Neither was I employed to build the above mentioned houses by any other person or persons whatever neither did I ever hear of any person or persons whatever lay any claim or claims to said building neither did I ever hear of John Gunter ? lay any claim or claims to said buildings. The buildings which I have mentioned above have been built by me for John Gunter since the 1st May 1834 and I do further know that after the transfer made from John Gunter Jr. to John Gunter Sr. desd. That I have often seen John Gunter Jr desd buy some of the same goods mentioned in a certain transfer from John Gunter Jr. to John Gunter Sr. and pay him the money

0794

for the same, and I have often seen him charged by John Gunter Jr. for goods or other articles which eh would buy for his family use one time & c.

Sworn to and subscribed before me this 3rd day of Nov. 1836

E. Harrisborough

Justice of the Peace

Gilbert ?

0795

State of Alabama

Marshall Co.

I certify that I am acquainted with Gilbert ? whose name appears to the foregoing affidavit. He is in my honest belief entitled to credit on oath.

E. Harrisborough

0796

Larkin Beavert

Affidavit

X

0797

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting Justice of the Peace for said county, Larkin Beavert who after first being sworn say an oath that he was in company with J. Gunter Sr. desd. And John Gunter then John Gunter desd. When they went to take or get into possession of the premises of James Thompson who was a Native by marriage when we got within two or three miles of said premises John Gunter Jr. then went ahead of the company and left his father James Thompson and myself behind and when we got to the premises John Gunter Jr. was already in full possession of all the premises and according to the then laws of the Cherokee Nation, John Gunter desd. Was then the legal and lawful owner of all said premises which consisted of the following described property: One farm with all its necessary holdings, one grist mill and one cotton gin and press. All this took place in the winter of 1829. Sworn to and subscribed before me this 30th Dec. 1836.

Larkin Beavert

E. Harrisborough JP

Justice of the Peace

Mr. Beavert, whose name appears attached to the foregoing affidavit is a gent I have known long since, and his is a gent who should be believed when on oath.

This 30th Dec. 1836.

E. Harrisborough JP

Justice of the Peace

0798

The State of Alabama

Marshall County

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting Justice of the Peace in and for said county of Marshall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official act.

In testimony whereof I have hereunto set my hand and affixed my personal seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year.

Test. R.S. Randles Clk C.C.

0799

No. 1

John Gunter

Bill sale viz goods and merchandise

Reg. Book F Pages

260 261

XX

Clerks fees $1.50

Filed 24th Feb. 1834

0800

State of Alabama

Jackson County

Know all men by these presents that I John Gunter Junior of the county of Jackson State of Alabama for and in consideration of the sum of six thousand dollars to me in hand paid the receipt whereof is hereby acknowledged have this day bargained, sold, transferred, and delivered and by these presents do bargain, sell, transfer, and deliver unto John Gunter Senr. of the county and state aforesaid all my title, claim, interest and demand of in and to the following described property, viz an 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 legislation of said state containing about one acre and upon which is a storehouse known and called by the name of Gunter’s Store and also a Blacksmith shop and other improvements together with the appurtenances and also my full entire and complete stock and assortment of goods, ware, and merchandise now on hand at said store house and all that has been purchased heretofore for the use and benefit of said establishment and not yet received he it all of what kind

0801

character and description it may. Also one other improvement in the same part of said county known and called by the name of the cave spring improvement and purchased by one of Stephen Newman with all its appurtenances also one other improvement in the same part of said county on Brown Creek adjoining the improvement of Dry ?head and purchased by me of Howell H. Rose, and its appurtenances. Also five horses and one mule and two wagons with their gear to have and to hold all and singular the property of every kind, sort, character, and diversion herein mentioned and by these presents bargained, sold, transferred, and delivered unto the said John Gunter Senr. his own execution ? ? and assigns forever. And I the said John Gunter Junr. do hereby bind and obligate myself to warrant and defend to the said John Gunter Senr. his ? execution, administration, and assigns all the property herein mentioned and specified against the claim or claims of myself, my heirs, executors, and administrators and assigns and the claim or claims of any and every other person whatsoever.

0802

In testimony whereof I have hereunto set my hand and affixed my seal this 21st day of February 1834.

John Gunter (seal)

Test.

W.M. Lindsay

Stephen Newman

State of Alabama

Jackson County

This day personally appeared before me Richard B. Claton clerk of the county court for said county Stephen Newman one of the subscribing witnesses and made oath that he saw John Gunter whose name appears subscribed to the within and foregoing deed of ? and acknowledged that he signed, sold and delivered the same to the said John Gunter for the purpose therein contained and he this deponent subscribed his name as a witness thereunto in the presence of the said J. Gunter and that he saw the other subscribing witness sign the same in the presence of the said J. Gunter and in the presents of each other on the day of the date thereof.

Given under my hand and seal this 24th day of February 1834.

Test. R. B. Clayton Clerk CC

State of Alabama

Jackson County

I Richard B. Clayton clerk of the county court for said county do certify that the within and foregoing deed was filed in my office for registration on the 24th day of February 1834 and has been duly registered and compared in Book E page 260 and 261.

Test R. B. Clayton Clerk CC

0803

State of Alabama

Marshall County

This day personally appearing before me E. Harrisborough an acting Justice of the Peace in and for said county and state. Stephen Newman the subscribing witness to the within said of conveyance for John Gunter, Jr. to John Gunter, Sr. who upon oath states that at the time of the execution of so said, he saw no consideration whatever then paid in consideration of said transfer and from his own selection in the neighborhood of his portion and intimate knowledge of the pastures to the deed and this knowledge he is confident that no consideration whatever was at that time or has since been paid to the said John Gunter Jr.

Stephen Newman

Sworn and subscribing before me this 30 day of Feb. 1836.

E. Harrisborough JP

Justice of the Peace

0804

The State of Alabama

Marshall County

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the above and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting Justice of the Peace in and for said county Marhsall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand affixed my private seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence in the sixty first year.

Test.

R. S. Randles Clk CC

0805

R. Blackburn

Afft.

Vaught’s interest

0806

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting justice of the peace for said county. Richd. Blackburn who after being duly sworn deposeth and saith that some time in the fall of 1835 he was fully empowered and authorized by John Gunter to purchase of James B. Vaught and his wife Catherine all their legal and proportionable part to the estate of John Gunter Sr. desd. Parts purchased of them as follows viz: their part of all the houses and plantations – and their part of all the crop – which was raised in said year of 1835, cotton excepted, and the money was paid by me to them for John Gunter and they did not at that time give to said John Gunter a right of their interest to said business and plantation and crop as as far as I know they have not as yet give to said John Gunter any right or rights for the parts purchased of them by me for John Gunter.

Sworn to and subscribed before this 26th Dec. 1836.

Richard Blackburn

E. Harrisborough JP

Justice of the Peace

The above gent whose name appears to the foregoing affidavit is a gent of unblemished character and should be believed when an on oath this 29th day Dec. 1836.

E. Harrisborough JP

Justice of the Peace

0807

M.M. Schrimsher

Affidavit & c

2

Vaught’s interest

0808

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting Justice of the Peace for said county M.M. Schrimsher who after being duly sworn, deposeth and saith that he was present when Richd. Blackburn did purchase of James B. Vaught and his wife Catherine all their right and entire interest to the following described property, viz: all the houses and plantations – and the entire crop for the year of 1835 – cotton excepted – late the property of John Gunter Sr. desd. And for which said Blackburn did pay to them the money for the same for the entire use and benefit of John Gunter and at the time the purchase was made there was no right [inkblot] to said Blackburn for the use of said Gunter and as far as my knowledge extends there has never been any right given to said Gunter for said purchases.

Sworn to and subscribed before me this 26th Dec. 1838.

His Mark

M.M. Schrimsher

E. Harrisborough JP

Justice of the Peace

I certify that M.M. Schrimsher is a man of unblemished character and he is most certainly in my belief entitled to credit when on oath.

E. Harrisborough

0809

The State of Alabama

Marshall County

I Richard S. Randles clerk of the County Courty of Marshall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within affidavit and certificate is now and was at the time of assigning the same an acting Justice of the Peace in and for the said county Marshall duly elected, qualified and commissioned as such and that due faith and credit is and ought to be given to all his official acts as such.

In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this thirty first day of December one thousand eight hundred and thirty six and of American Independence the sixty first year.

Test.

R.S. Randles Clk CC

0810

No. 4

Charles R. Terrill

Affidavit

0811

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting Justice of the Peace for said county, Charles R. Terrill who after being duly sworn deposeth and saith that he was present at Huntsville with John W. West when said West purchased of the House of Echols and Hollowell the bill of goods as will be seen by its no. 4 and under date 9th Nov. 1835 and said goods was purchased for the use and express benefit of the estate of John Gunter Sr desd. I know these facts because I was the overseer at the time and saw the Negroes use the eight per blankets and these goods was paid for by John W. West as the then agent of John Gunter. Moreover I saw John Gunter hand over the money to West to pay for said goods & c.

Sworn to and subscribed before this 27th day of Dec. 1836.

Charles R. Terrill

E. Harriborough JP

Justice of the Peace

The above affiant whose name is affixed to the above affidavit is justly entitled to full credit and confidence this 29th day of Dec. 1836.

E. Harrisborough JP

Justice of the Peace

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting Justice of the Peace in and for said county duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand affixed my private seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence in the sixty first year.

Test.

R.S. Randles Clk CC

0812

No 4

Echols and Hollowell

Opt

John Gunter Sr

For

$22.00

0813

Huntsville 9th Novem 18[35]

Bought of Echols & Hollowell

8 Blankets $2.75 22.00
5 yds red flannel 4/11 3.75
14 ? ? 91 37 ½
1 bottle no. 6 4/11 75­____
26.87 ½

Received payment in full

Echols and Hollowell

0814

No. 6

Rand & Bush

Affidavit

0815

No. 6

Beard & Bush

Affidavit

(repeat of 814)

0816

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do certify that Booker Smith whose signature appears to the within affidavits and certificate is now and was at the time of his assigning the same an acting Justice of the Peace in and for said county Marhsall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand affixed my private seal there being no seal of office at office in Claysville this thirty first day of December one thousand eight hundred and thirty six and of American Independence in the sixty first.

Test.

R.S. Randles Clk CC

0817

No. 6

Beard & Bush’s receipt and a/o

To J. Gunter Sr.

$13

0818

Estate of John Gunter Decd.

1835 to Beards & Bush Dr

13.00

Augst. 27th 8 yds. Blk silk 87 ½ 7.00
2 glass knobs 9d .25
16 yds velvet ribbon 1 ½ 3.00
6 –“ “ 1/6 1.50
1 pr. Brass tacks — 1.25

Received payment in full of the above thirteen dollars by Jno. Gunter Jr. Sept. 5th 1835

Beards & Bush

0819 (repeat of 0818)

13.00

Augst. 27th 8 yds. Blk silk 87 ½ 7.00
2 glass knobs 9d .25
16 yds velvet ribbon 1 ½ 3.00
6 –“ “ 1/6 1.50
1 pr. Brass tacks — 1.25

Received payment in full of the above thirteen dollars by Jno. Gunter Jr. Sept. 5th 1835

0820

John Gunter Jr. valuations according to the decision of the comms. $8603.07

Contra Cr [?] to pay Gilmoore

Advance Jany. 24th 1837 2500.00
D & M Shields & Co. 19.36
Do Do Do 170.50
May 12th Advance 3050.00
? for Gillespie 1693.96
? & Gammon 126.47
Gammon and Creary for Vincent 162.00
Paid out 7772.29
Balance due 870.78

Estate of Jno. Gunter Sr. desd.

According to the decision of Comm.

Allowed $2438.84

Contra Cr. [?]

Grunway & Sackett $1140.50
Edward and West & Co. 443.54
Paid out 1584.04
Balance due 854.80

0821

Papers relating to the case of John Gunter Jr. and Schrimsher

0822

State of Alabama

Marshall County

Personally appeared before me Robert S. Pierce a Justice of the Peace in and for the county of Marshall Gilbert Usery [?] who being duly sworn doth depose and say that the said deponent was present at a settlement and agreement made by and between John Gunter Junr. and Martin M. Schrimsher at which settlement the said John Gunter Junr. gave to Martin M. Schrimsher a Negro girl named Rose and the sum of two thousand dollars in cash in full of a claim that Betsy Schrimsher the wife of said Martin M. Schrimsher had against the said John Gunter Junr. for and on account of a Negro man named Nero which it was alleged the said John Gunter Junr. had sold and which was the property of the said Betsy Schrimsher before her marriage with the said Martin. The said deponent on his oath as aforesaid further saith that the condition of a certain release or receipt from the said Martin M. Schrimsher and Betsey his wife to John Gunter Junr. in relation to the share of their property of John Gunter Senior decsd. was, as he understood it, that the said release or receipt should be void if the estate of the said John Gunter senr. was ever administered upon. This deponent further saith that he was present when the said release or receipt was given and that he signed the same as a witness, and further saith not.

Gilbert Usery [?]

Sworn to and subscribed before me

Robert S. Pierce

Justice of the Peace for

Marshall County

This 9th day of May 1837

0823

The State of Alabama

Marshall County

I Richard S. Randles clerk of the county court of Marshall County Alabama do certify that Robert S. Pierce whose signature appears to the within and foregoing certificate is, now, and was at the time of signing the same an acting Justice of the Peace in and for said county duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts as such and that the signature is genuine.

In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this 12th day of May 1837 and of American Independence the sixty first year.

Test. R.S. Randalls Clk CC

State of Alabama

Marshall County

I Louis Wyeth judge of the county court of Marshall county Alabama do hereby certify that R.S. Randles whose signature and private seal (there being no public seal of office) are attached to the foregoing certificate is now and was at the time of certifying the said clerk of the county court of Marshall County duly authorized and commissioned as such and that the same is in due force of law.

Louis Wyeth

Judge of the County Court of Marshall County

May the 12th 1837

0824

Georgia

Forsythe County

Personally came and appeared before me Martin Roberts an acting Justice of the Peace for said County Henry Holcombe who being duly sworn deposeth and saith that he the said Holcombe was out in the Cherokee Nation in the year eighteen hundred and three and was offered three hundred dollars if he the said Holcombe would stay and work for the Nation one year and longer if at the same rates the offer was made by James Vann as he was one of the Cheafs of the Nation at that time which was the publick pay for blacksmiths at that time.

Henry Holcombe

Sworn to and subscribed before me this 16 day of March 1837.

Martin Roberts JP

0825

The testimony of Edward Gunter taken before me H.E. Wheeler an acting Justice of the Peace for the county of Marshall and state of Alabama at my office in Claysville this 23rd day of Feby. A.D. 1837 to be read as evidence before the board of commissioners created under the late Cherokee Treaty with the United States and now in session at New Town in the State of Georgia, wherein a controversy is pending between Alexander Riddle the administrator de bonis non, with the will annexed of John Gunter Ser. decd. late of said county, and John Gunter Jr. in relation to the value of spoliation for a certain grist mill situated in the limits of said ceded territory. Deposeth and said that in the year 1829 this deponent’s father John Gunter decd. purchased a mill for which a claim for spoliation is now prepared before the Board of Commissioners of one James Thompson for which he then paid said Thompson as well as this deponent now ? the sum of one hundred dollars. This mill was situated on Second [?] Creek, tho’ now called Brown’s Creek, the first creek that empties into the Tennessee above Gunter’s Landing on the south side of said river. This deponent further saith that in the year of 1829 he was a member of the General Council of the Cherokee Nation and then said there obtained a permit for his father John Gunter decd. to settle one Robert Tedwell at said Mill for his own exclusive benefit. Tedwell remained at the mill for two years

0826

under the authority, and by, and with the consent and permition of the Nation as the matter of the said John Gunter decd. after the expiration of Tedwell’s term – one Mayfield a white man came tortiously into possession of the mill and held over and for which such were brought at law but from which ? or the property in controversy the said John Gunter in his life time never received any other benefit than that hereunto before specified, nor in deed did he derive much benefit during the time Tedwell had it in possession except it was a small portion of the toll corn that was made at the mill – and further this deponent saith not.

Edward Gunter

Sworn to and subscribed before me this 23rd day of February 1837.

Mr. H.E. Wheeler (seal)

Justice of the Peace

For the county of

Marshall and State of Alabama

Received by fees $.75

– Mr. H.E. Wheeler

0827

Power Atty. from Garcia to Rogers

Peter Garcia

0828

Cobb County

Georgia

Know all men by these presents that J. Peter Garcia at present in the county of Cobb have constituted, made, and appointed and by these presents do constitute, make, and appoint Johnson H. Rogers my true and lawfull attorney; and for me and in my name, place, and stead, to ask, demand, recover, and receive of and from the commissioners of the United States of America now regulating and carrying out the Treaty made with the Cherokee Indians in the year 1835 and of and from all and every person whatsoever all such sum or sums of money that maybe due and coming to me from the provisions in said Treaty for the valuation of my improvements as asserted by the agents of the United States or otherwise, giving and granting to my said attorney by these presents, full favor and authority in and about the business to have use and take all lawfull ways and means in my name for the purposes aforesaid, and for the receipt of any such divisions of money for such valuation or otherwise acquaintances or other sufficient discharges from and in my name to make, seal and deliver. And generally all and every act or acts, thing or things, device or devices, in law whatsoever needful and necessary to be done in and about the business for me and in my name to do, execute and perform as full and largely and amply to all intents and purposes as I myself might as conclude if personally present and attorneys one or more under him for the purpose of aforesaid to make and constitute, and again ask pleasure to revoke. Hereby certifying and conforming all and whatsoever my said attorney shall lawfully use in and about the business by nature hereof.

In witness in hereof I have hereunto set my hand and seal this thirty first day of October one thousand eight hundred and thirty eight (1838).

His X Mark

Peter Garcia (seal)

Sealed, signed, and delivered in the presence of

Clinton Well

David Moore J.P.

0829

The within power of attorney was acknowledged before me this 5th day 1838.

Nat. Smith

Supt. Ch. Em.

Received of the U.S. Commissioner Attorney Dec. 13 1838. Certificate on the within power of atty. form Pedro Garcia for the sum of two hundred forty-six 50/100 dollars that being the whole amt. of money.

Pedro Garcia

J. Rogers

0830

Papers in relation to John Gunter’s affairs

Entered on the records Oct. 18th 1837 by the Commns.

0831

The valuing agents having returned improvements valued to John Gunter Jr. amounting in the aggregate to the sum of $11041.91. And the heirs of John Gunter Senr. deceased having claimed said valuations. And a great map of proof having been laid before the Commissioners by both parties in support of their respective claims. And the commissioners having spent much time in careful investigation of said claims have after a full review of all premises arrived at the conclusion that all these controversies have arisen out of the past – that John Gunter Jr. and John Gunter Sr. in his life time, conveyed and reconveyed property to each other, with a view to defraud the just auditors of John Gunter Jr. and have therefore ordered and adjudged, that the whole of said valuation, which has not been advanced to the said John Gunter Jr. be paid to the creditors of said John Gunter Junr. and John Gunter Sr. decd. in discharge of their just debts which have been established and allowed by the commissioners. And the Commissioners in justification of themselves deem it their duty to add – that the $3000.00 which they advanced to the said John Gunter Jr. and of said valuation was done at a time when they no knowledge or belief of said John Gunter, Jr. being so largely in debt as they have since ascertained he was. Because these debts nor no part of the same had been presented to the against said John Gunter

0832

this advance was made under the impression that his assets were greatly more than sufficient to pay all debts against him which would be presented to them for adjudication. And in making said advances, they only pursued the course which had guided them in relation to other members of the Cherokee people of equal intelligence and standing with John Gunter, Jr.

0833

Wm. Garrett’s affidavit

0834

The State of Alabama

Cherokee County

I William Garrett Jr. of said state and county do hereby certify that on or about the fourteenth day of Sept. 1835 I was employed by John Ratliff, a Cherokee, to recapture a certain Negro man by name “Bill” who it was said had been stolen by one David J. Hooks a white man. That the said Ratliff agreed to pay me for recapturing said Negro, two hundred dollars; that I did recapture the said Negro “Bill” and return him to the said Ratliff; and that the said Ratliff has obligated himself in writing to pay me $200 for said service. I further state that the said David J. Hooks was tried in St. Clair county in said state for his life upon a charge of Negro stealing.

Wm. Garrett

Sworn to and subscribed before me the 4th Oct. 1836

Jesiah Harper (seal)

An acting justice of the Peace in and for said county.

0835

Letter from Alexander Riddle to the Commisioners claiming John Gunter Senior’s improvements and valuation as administrating his estate by the laws of Alabama.

Dated Nov. 22 1836

Hon. Messrs Lumpkin and Kennedy

Commissioners & c.

New Echota

0836

To the Honl. Messrs Lumpkin and Kennedy, Commissioners of the United States appointed to settle the affairs of the Cherokee Nation.

Gentlemen,

I have been informed that an improvement belonging to the estate of John Gunter Senior decsd. has been valued in the name and for the use of John Gunter Junior, the improvement is situated in that part of the Cherokee Nation ceded to the United States by the late treaty with that Nation. I have been legally appointed by the judge of the county of Jackson administrator of the estate of John Gunter Senior, decsd. and as such deem it my duty to represent to you the above statement of facts with the assurance that in my representative capacity it is my intuition as I conceive it to be my duty to claim for the use of the heirs of said John Gunter Senior decsd. the right and title to the said improvement and also to ask from you that the amount of money to which the said improvement is valued be directed to be paid to me as administrator aforesaid and not to John Gunter Junior.

My official duties as sheriff of Jackson County will prevent my attendance before you before the lapse of eight or ten days after this letter will be received by you. You may rest assured that on the first opportunity I will attend with such papers and vouchers as will satisfy you honors of the proprietary and justice of my claim. I respectfully ask you to relay the communication of the subject until such time as I shall be able to be with you.

Respectfully your obt. ser.

Alexander Riddle

Administrator of the Estate of John Gunter Senior. decsd.

Nov. 22 1836

Bellfonte Jackson County

State of Alabama

0837

Edwd. Gunter

Deposition

To improvement

Martha Blackburn

Vs.

Richd. Fields

0838

State of Alabama

Marshall County

Personally appeared before me E. Harrisborough an acting justice of the peace for said county Edward Gunter and made oath that Hugh Henry a white man intermarried with one Martha Gunter a Native of the Cherokee Nation of Indians according to the laws of the Cherokee Nation and lived as man and wife from 1827 until 1829. If I misstate not in said last mentioned year said Henry quit his wife and went into Jackson County ala. sometime after this his dwelling house was thrown down by some one he had sold it to or by his own hands and a part of taken out the Cherokee Nation said Henry remained a citizen of Jackson County Ala some two or three years and then returned into the Cherokee Nation and married another Cherokee wife (so report says) at the time said Henry quit his former wife Martha Gunter alias Martha Henry. He had a plantation at the foot of the mountains on the old road leading from Gunter’s Landing to Ashville known as Old Place on which place one James Kellerson a blacksmith lived under a permit from the Cherokee Nation. In the spring of 1830 his wife Martha Henry took possession of said place by saving seeds of different kinds and hominy the fruit trees. Some time afterwards father sent her a black boy and horse to commence plowing for her and after the boy had commenced plowing he went

0839

back to father and said Richd. Fields a Cherokee run him out of the field. I was at fathers a few days afterward and he said he had recd. A letter from Richd. Fields, and the letter was read to me. The letter stated that Martha Henry should not work any more on the place. Fields then took possession of the place by putting white tenants on it. Sometime afterwards Martha Henry commenced suit against Fields under the laws of the Cherokee Nation and gained the suit and removed on the place and remained until she had to leave it and then returned to father’s again.

Edward Gunter

Sworn to and subscribed before me this 18th March 1837.

E. Harrisborough JP

Red. Of Richd. Blackburn

fifty cents for writing and

certifying the foregoing

deposition

March 18, 1837

E. Harrisborough

0840

Wm. Patten

Affid.

0841

State of Alabama

Marshall County

Personally appeared before me E. Harrisborough an acting Justice of the Peace for said county William Patten ? being first duly sworn says on oath that he is well acquainted with the estate of Jno. Gunter Senr. decd. situate at and near Gunter’s Landing in the Cherokee Nation East and that he knows or had always understood that the fork field as a usually called, and last cultivated by Richd. Blackburn, is of the estate of John Gunter Senr. decd. and that the same was so considered by the appraisers who were equally appointed to value the same and that at the tmie of said appraisement John Gunter Junr. made no claim to said field as this affidavit believes, and tat the field commonly called the Island Field lying contiguous to and immediately above Edward Gunter’s Ferry was also considered the property of the said Jno. Gunter decd. and so appraised said last mentioned field was last cultivated by John C. Johnson and Col. N. Steel and that this affiant at the time of said appraisement was the lawfully appointed administrator of the estate of the said John Gunter senr. decd. and this affiant further states that while he was acting as administrator as aforesaid he frequently heard John Gunter Junr. say he

0842

had been and was at the time of the death of his father clerk or agent for him, Jno. Gunter Senr. decd., and that he should claim payment from said estate for his services as such and that as evidence to me of such his agency he the said John Gunter Junr. decd., an article purporting to be an agreement between he and his father making him said agent and further this deponent saith not.

Wm. Patten

Sworn to and subscribed before me this 9th Dec. 1836

E. Harrisoborough JP

Justice of the Peace

Rd. of Edward Gunter fifty cents for my charges in writing and certifying the foregoing.

Debr. 9th 1836

E. Harrisborough

0843

The State of Alabama

Marshall County

I Richard S. Randles clerk of the county courty or Marshall County in the state of Alabama do certify that E. Harrisborough whose name is assigned to the within affidavit as Justice of the Peace is now and was at the time of his signing the same an acting Justice of the Peace of in and for the county of Marshall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts as such.

In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this tenth day of December one thousand eight hundred and thirty six and of American Independence the sixty first year.

R.S. Randles Clk CC

Reced. Of Edward Gunter fifty cents in full for the above certificate 10th Dec. 1836

R.S. Randles Clk CC

0844

George Gunter’s

Deposition

In the dispute

With ?

And Mcfee

Filed 16 May 1837

0845

George M. Gunter makes oath that in the fall of the year after John Gunter Senr. died he had a conversation at Claysville with John Gunter Junior, who stated to this affiant that he had given in exchange a Negro girl named Rose to Elizabeth Schrimsher aid John had sold which had been devised to her by her father John Gunter Senior. He also said he was afraid the other heirs of John Gunter Senior would make him pay $500 or 550 for selling said Negro girl – said Negro girl belonged to the estate of John Gunter Senior and is the same which John Gunter Junior or now says he gave to Schrimsher full of said Elizabeth’s share of her father’s estate.

G.M. Gunter

Sworn to this fifth May 1837.
W. Kennedy

Comm

0846

And. Moore

Affidavit relating

To acceptant claims

Possession

IX

0847

At the time of the decease of John Gunter Senr. of Marshall County Alabama, I was well acquainted with all the improvements then claimed by him. After the death of the said John Gunter Senr. all the improvements known as his were and continued in the actual possession of his son John Gunter Jr. or in the possession of several others by his authority and such I believe to be the facts at the present time.

And. Moore

Sworn to and subscribed before me this 24th January 1837

Jno Ridge Pres. Committee

0848

Affidavit of Richd. Blackburn and wife Martin Schrimsher and Katy Vaught all heirs and legates in their own right or in right of their wifes of Jno Gunter Senr. deceased

0849

State of Alabama

Marshall County

Personally appeared before me Dennis Morrow Captain, Richard Blackburn and Martha his wife formerly Martha Gunter – Katy Vaught late Katy Gunter, and Martin Schrimsher intermarried with Elizabeth Gunter who all are heirs and legates either in their own right or the right of their wives of Jno. Gunter Senr. deceased, who being duly sworn according to law doth depose and say that they never received any compensation from Jno. Gunter Junior for or by reason of their having released or quit claim to their share of the improvements of which Jno. Gunter Senior deceased died possessed of but that either within their consent was refused altogether or else given on certain conditions which have since occurred and b which any release they may have given is void. And that they intend to contest the claim to their share on the part of Jno. Gunter Junior.

M.M. Schrimsher

Catherine Vaught

Martha Blackburn her X mark

Richard Blackburn

Sworn to and subscribed before me this 30th day of May 1837

D. A. Morrow

Capt. ?

??

Mrs. Vaught qualifies her part of the above affidavit by saying that her husband James Vaught received one hundred dollars, but that she never gave her consent to the sale.

0850

State of Alabama

Marshall County

I do hereby certify that I was present at the time Mr. John Gunter Sr. purchased a grist mill and cotton gin with all the other improvements belonging to the same of James Thompson for the sum of one hundred and thirty two dollars and fifty cents which sum I saw paid to the said James Thompson. This transaction took place in the year eight hundred and twenty nine. I do further certify that I was present at the time of a trial between John C. Johnson and John Gunter Senior on the nineteenth of Sept. 1833 concerning the above named mill and appurtenances belonging to the same. Given under my hand and seal this 6th day of Dec. 1836

A. Gilbreath

Test.

Sworn and subscribed to before me

A. Donaldson

Justice of the Peace

M. Ct. Ala

0851

The State of Alabama

Marshall County

I Richard S. Randles clerk of the County Court of Marshall County in the state of Alabama do certify that Alexander Donaldson whose name is assigned to the within certificate is now and was at the time of his signing the same an acting justice of the peace in and for said county duly elected and qualified as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this seventh day of November one thousand and eight hundred and thirty six and of American Independence the sixty first year.

Test. R.S. Randles Clk CC

Received fifty cents in full for the above certificate

R.S. Randles Clk CC

0852

M.M. Schrimsher

And

Elizabeth Schrimsher

Right to

John Gunter’s

0853

Gunter’s Landing Sept. 18th 1835

Received of John Gunter the five following Negroes viz Isaac, Amy, Lucy, ? and Rose, which was left to Elizabeth Gunter by her father John Gunter Sr. decsd. also four hundred and fifty dollars which was also expressed in the last will and testament of said John Gunter Sr. The Above is my legal part of the estate and we have made no more claim or claims on said John Gunter for any part or parts of said estate or any part of said plantation neither do we claim any portion of the present ? more that any reasonable part of all the household furniture, kitchen furniture, and the ?

Paid by us the day and date above written in present of

M.M. Schrimsher

Elizabeth Schrmisher

Gilbert Usery

Richard Ratcliffe

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting Justice of the Peace for said county and Gilbert Usery who after being duly sworn deposeth and saith that he was present

0854

when M.M. Schrimsher and his wife Elizabeth did attach their names to the above receipt and the considerations therein named was in full for all their part and parts to the estate of John Gunter Sr. descd. no part of said estate excepted – only which is named in the foregoing receipt to J. Gunter – and at the time they did sign the foregoing receipt they were at that time well satisfied with the trade.

Sworn to and subscribed before me this 29th Dec. 1836

Gilbert Usery

E. Harrisborough JP

Justice of the Peace

The State of Alabama

Marshall County

I Richard S. Randles clerk of the County Court of Marshall County in the State of Alabama do certify that Elijah Harrisborough before whom the within affidavit was given is now and was at the time of his signing the same an acting justice of the peace in and for said county duly elected and qualified and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In Testimony whereof I have here unto set my hand and affixed my private seal there being no seal of office at office in Claysville this thirty first day of December one thousand eight hundred and thirty six and of American Independence the sixty first year.

R. S. Randles Clk CC

State of Alabama

Marshall County

I do hereby certify that I have been acquainted with Gilbert Usery for some time and I do believe that he is a man who should be entitled to full credit when on oath this 4th day of Jany. 1837.

E. Harrisborough JP

Justice of the Peace

0855

John Gunter

Answer by

Middle ?

Filed 8 May 1837

0856

The separate answers of John Gunter to the bill of complaint exhibiting against him by one Alexander Riddle as the Administrator de bonis non saith the will annexed of John Gunter decsd. Samuel and Edward Gunter and Richard Blackburn and wife, Martin Schrimsher and wife, and James B. Vaught and wife before the honorable Wilson Lumpkin and John Kennedy Commissioners under the late Cherokee Treaty now in session at New Echota.

This respondent now and at all times hereafter reserving to himself the advantages of all and singular the necessary, errors, uncertainties, falsehoods & c contained in the complainant’s said will against him and all just exceptions thereto for answer to so much thereof as he is advising in material to make answer unto, answereth and saith that it is true, that his father John Gunter decds. about the time set forth in the complainants will of complaint: It is also true that he left a paper of the character of the exhibit A containing in and annexed to the complainants will; but of execution of that paper and the proof thereof he here now submits to Mr. Honorable Board to say whither it is done according to whether the laws of the State of Alabama or of the law of the Cherokees adopted by and force amongst them at the date of said paper approved by said Nation in their counsel assembly at New Echota on the 1st November 1828 for the internal regulation of the estates of deceased Cherokee persons. Mr. Schrimsher alleges that his father John Gunter decsd. was for many years previous to his death a Native citizen of the Cherokee Nation of Indians. Afr. respondent denies that the persons named in the complainants exhibit A were refusing to take upon themselves the execution of the exhibit A of complain-

0857

ants will. It is true that respondent’s father died in that part of the Cherokee Nation over which the jurisdiction of Jackson County Alabama had been extended by the legislature of said state so as to reach her own ? White city ? who had skulked into said Nation to wade the white man’s laws; but this respondent denies that thereby the legislature of give the County Court of Jackson County jurisdiction over the estate of deceased Indians. It is also true as charged by complainants that the county court of Jackson did grant letters of administration to one William Potter on said Estate; against the wishes or consent of this respondent, and to the exclusion of the next of kin of said descendent and in such violation of the statutes of Alabama in such cases made and providing, was supposing that the estate of the said descendant was subject to the laws of Alabama, but which this respondent does not admit.

This respondent further answereth and saith that during the administration of said porter, thus legally obtaining as aforesaid the legislature of Alabama forming a new county property organizing and called it Marshall, within which is the late residence of his said Father decsd. and presently after the organization of Marshall County the said Potter resigning his administration of said estate and the said ? court of Jackson County state in the more illegal exercise of power not regarding the constituted authorities of the county of Marshall so formed as aforesaid, did commit the further administration of said estate to one of the present complainants Alex Riddle as the sheriff of said county of Jackson. This respondent admits that in 1825 one James Thompson, a native Cherokee, had a place near the head of Brownes Creek in said nation on which there was a grist mill and cotton gin and

0858

becoming anxious to emigrate enrolled himself and had his improvements valued and did accordingly emigrate and your respondent being the first in actual possession was entitled under the existing laws of the Nation to the possession; all which will be fully seen by reference to the laws of said Nation passed at New Echota on the 1st day of Nov. 1828 and by reference to exhibits X which is praying to be taken as a part of the evidence.

This respondent saith it is also true that one John C. Johnson got possession of the place left by said Thompson, and forcibly held that possession and in order to oust him said was brought in the Circuit Court of Blount County Alabama in the name of this respondent; attending to exclusively by himself, and when there cast he paid the court of that said, and it is now matter of no little surprise with him to witness the disposition convinced by the complainants to endeavour to turn his just rights from him; knowing as he does that the complainant Samuel is fully apprised of all the facts here detailed and of the law upon this subject as it existed amongst the Cherokees at the time of these accusations that it was not the property of his said father at this death or at any other time; even to dispose of by will or otherwise. Respondent admits that he has presented this claim for indemnity to the Cherokee Committee for spoliations committed upon this property, this he considers he had a fair right to do as the property was his own. Respondent admits that he did execute a conveyance to his deceased father on the 21st of February 1834. Such a one as the complainants exhibit C purports to be a copy of; but that it is equally true that not one dollar of the consideration therein expressed was ever paid to the respondent in any way by the said John Gunter Sr. decsd. in his life time or by any one else for him since his death

0859

all of which will more fully appear by reference to exhibit XX which he prays may be taken as part of his answer upon this subject. Your respondent denies that he is now setting up or attempting to set up any fraudulent claim or instrument whereby to deprive any of the complainants of any of their legal or equitable rights; but on the contrary he owns no instrument of that kind. It is true that he has the relinquishment of his deceased father, bearing even date with what complainants set up for this will, for a lot of ground near his residence upon which your respondent improvements of considerable value which will more fully appear reference being had to the paper itself marked exhibit B which is praying to be recorded as a part of this evidence from which the testimony of Gilbert Usery here filed and marked C it will fully appear that your respondent had a clear, perfect, and indisputable right to have that improvement besides others herein after

herein after mentioned or referred to value as his own individual property.

It is also true that respondents mother decsd. about the time stated in complainants will. Your respondent saith it is true that he did and this he had done being the first and only person under the Cherokee Law passed in Gen. 1826 authorizing him to occupy it and have it valued as his own property which occupancy he continued from the death of the said John Gunter Sr. by himself or tenants uninterrupted by from that time up to the present as will more fully appear by exhibit IX which is hereto annexed and praying to be read as a part of this his answer upon that subject without the let. [?]

0860

all of which will more fully appear by reference to exhibit XX which he prays may be taken as part of his answer upon this subject. Your respondent denied that he is now setting up or attempting to set up any fraudulent claim or instrument whereby to deprive any of the complainants of any of their legal or equitable rights; but on the contrary he owns no instrument of that kind. It is true that he has the relinquishment of his deceased father bearing even date with what complainants set up for this will for a lot of ground near his residence upon which your respondent put improvements of considerable value which will more fully appear reference being had to the paper itself marked exhibit B which is praying to be received as a part of this answer. From which the testimony of Gilbert Ursery here being filed and marked C it will fully appear that your respondent had a clear perfect and indisputable right to have that improvement besides others herein after mentioned or referred to value as his own individual property.

It is also true that respondents mother died about the time stated in complainants will. Your respondent saith it is also true that he [writing obscured by paper] have all the improvements that did prop[obscured] belong to the said John Gunter Sr decsd. [obscured] in his own name, which consisted of the [obscured] –ing house and the farm surrounding it and [obscured, followed by large amount of writing crossed out and illegible].

0861

molestation or hindrance of any person or persons whatsoever no person requiring or offering to take the possession of him in any manner whatsoever. He further saith that in October 1835 shortly after the death of the said John Gunter, all the heirs of said Estate except himself quietly left the promises without his request or desire and seemingly abandoned the same; and none of them have since then to the best of respondents recollection ever offered or signified to him their desire to regain the possession of him; neither has or did either of the said administrators of said estate ? legal or other ? demand of your respondent of the possession of said premises at any time since he has had them in his possession, but on the contrary he has been frequently with both of them, both on and off the premises and at all times and if all places he has conducted himself quietly and peacefully towards them, has used no force or strong hand to keep them out of possession or was willing at any and all times to yield to them superior rights; if any they had or could assert about the premises. Your respondent most positively denies it to be true as charged in said complaints will that he wishes to exclude any of the heirs of this said father’s from their just rights in said Estate. He here now avows his willingness that they receive all the just rights they are entitled to; but he is not willing to yield his own to promote theirs. Your respondent further saith it is not true as charged in the complainants said will that the possession of said improvement was commercially worth $1200 or anything like that sum, the place was ? from the management of your respondent, the improvements he thus put or caused to be put upon it; saith the increased value of the property since the treaty may now be

0862

worth at the rate of one thousand dollars per year; but previously to the last few months it was not worth anything like that sum.

As to the charge made in said bill of complainant by Blackburn, Schrimsher, and Vaught in right of these moves against the respondent, that he had falsely and successfully induced them to sell to him their interest in said improvement at a grossly inadequate price; the charge is grossly false and informed and deemed deserves refutation. This respondent purchased and paid to said complainants at the time what they and he considered a fair quotient for such interest as they then had in said improvements; and as evidence of this fact they acquiesced in their several sales until the property by the management of respondent had risen greatly in value for the worth of his purchase their acceptance and acquiescence in it; reference is respectfully made to exhibit No. 1, 2, and 3 therewith filed and praying to be taken as a part of this his answer upon that subject to that part of the complainants will. And he your respondent here denies all falsity and fraud in as charged against him in this respect with all or any one of said complainants and that in this whole transaction there was nothing done by him to render any one of these contracts legal or void either in Law or Equity. He is therefore not willing to receive the purchase money with their trust thereon from any one of the complainants thus sold to him. To do which would from the evidence in this case would be destructive to the great way of justice and establish a principal of decision unknown and unheard of in this history of adjudications.

Your respondent saith it is not true

0863

as alleged in said bill of complaint by said Riddle the Admin. that he called on this respondent for the improvements of said John Gunter Sr. decsd. and that he refused to surrender them stating that he had the advantage of the heirs and would keep it. Your respondent has no recollection of any such demand was having been made of him by said Riddle and if it had been so made by complainant Riddle under the circumstances of the case, your respondent would not have surrendered it to him, until he had first established his right to the possession under the laws of Alabama, which above has the cognizance of questions of this kind between complainant, Riddle, and myself.

Your respondent answered further upon this subject and saith that he could not upon the mere demand of said Riddle have surrendered to him his right in said improvement; for the best of all reasons. 1st because supposing for a moment that the improvement thus situated was subject to administration under the laws of Alabama then before it could have become ? in his hands, he should first according to the laws of Alabama have exhausted all the ? in the payment of debts without extinguishing the whole before he could have touched properly savoring of realty as this did at the deceased of John Gunter Sr. and not then until he should have made the proper ? application to the Orphans Court for that purpose and entered into additional Bond and security to apply properly the proceeds of such sale.

2nd This respondent should not have of again surrendered the possession acquiring as herein set forth because the 19th section referred to in exhibit A of complainants will is void because of its own

0864

simulations and conditions and he here never prays a particular reference to the said 19th section of the said exhibit A by your Honorable Board by which it will be clearly seen that it is read.

3rd The respondent could not have surrendered to said improvement to said Riddle as Admr. Because he was unauthorized by the act of the legislature of Alabama extending the jurisdiction over the white city as taking refuge in the nation to their intermuddle with the property or estates of the natives; and because also he was not known to the laws of said Nation as a person or officer who could take upon himself such duties he being no native either by blood, marriage, or adoption.

4th If complainant Riddle as administrator is entitled to the possession of the improvement contend for by his will, for the purpose of selling the same he has in ample summary ready [?] by the laws of Alabama to remove this respondent upon petition to the proper authorities of Alabama for an unlawful or a forcible detainer of said premises; and if he has failed to pursue his proper remedy of any he has against this respondent for holding over said improvement; for such failure he is himself liable as Administrator for his omissions of legal only; which this respondent prays this Honorable Board not to visit upon him in this tribunal but that Admr. Riddle compelled to seek his remedy in the state courts of Alabama where all this ? if he ? are just they are and properly cognizable and determinable – this respondent saith that it is not true that he ever told said Riddle that he might or ? him to sell said improvement because he held adverse possession; and would be able to purchase it at a reduced price; but said that if he chose to sell it would be at this peril at this respond

0865

ent had 4/7 of said improvement it was to his interest or he had more to loose in it then any one else if it should be sold at a sacrifice.

This respondent for further plea in this behalf saith that Lucy McCoy now Lucy Eathen and her husband Lazarus Guillang is one of the heirs and distributees of said John Gunter decsd. and is not made a party to this suit, wherefore he prays the same may be added.

2nd That this Honorable Board of Commissioners have no power under the Treaty adjudicate the many makers and things, containing in complainants will – particularly no power is give to adjudge the right of possession or occupancy.

3rd If complainant Riddle has any remedy at all it is in the tribunals of Alabama, where along they can be heard and properly determined.

4th This respondent by way of further and full defense to the many allegations of the complainants will as they are therein alleged and set forth adjust him demand – generally and pray all the legal advantages of his several pleas herein pleaded and that his demeanor may be fully considered and their proper and legal effect allowed to him upon the determination of this matter as fully as if in a court of chancery and more particularly so considering there is no appeal from the decisions of this board. And having fully answered he prays that he may be hence dismissed.

John Gunter

0866

Wm. Turner affidavit

0867

State of Alabama

Marshall County

Personally appeared before me E. Harrisborough an acting Justice of the Peace for said court, William Turner, and made oath that he is well acquainted with the estate of Jno. Gunter Senr. decsd. situate at and near Gunter’s Landing in the Cherokee Nation East, and that he knows or has always understood that the fork field as usually called and last cultivated by Richd. Blackburn is of the estate of the said Jno. Gunter decsd. and that the same was so considered by the appraiser who were legally appointed to value the same and that at the time of said appraisement John Gunter Junr. made me claim to said field as this affiant believes.

And that the field commonly called the Island Field lying contiguous to and immediately above Edward Gunter’s Ferry was also considered the property of the said Jno. Gunter decsd. and so appraised said field was last cultivated by Jno. C. Johnson and Col. N. Stut and that this affiant was one of the appraisers of the estate of the said John Gunter decsd. and this affiant further states that Genl. A.

0868

Moore and David Ricketts, the valuing agents for this section of the C. Nation, did value the before described fields with all other the improvements of the said Jno. Gunter Senr. descd.

And he further states that he is unable to say whether said valuing agents did value the said estate of the said John Gunter Senr. decsd. to the heirs of him the said Jno. Gunter Senr. decsd. or to Jno. Gunter Junr. and further this dept. saith not.

Sworn to and subscribed before me this 8th December 1836

E. Harrisborough JP

Justice of the Peace

William Turner

The State of Alabama

Marshall County

I Richard S. Randles Clerk of the County Court of Marshall County in the State of Alabama do certify that E. Harrisborough whose name is assigned as Justice of the Peace to the above to above affidavit is now and was at the time of his signing the same an acting Justice of the Peace in and for said County duly elected, qualified, and commissioned as such

0869

and that due faith and credit is and ought to be given to all his official acts as such.

In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this tenth day of December 1836.

R.S. Randles Clk CC

Rec’d of Edward Gunter fifty cents in full for the above certificate 10th Decem. 1836

R.S. randles

0870

Rd. of Edward Gunter fifty cents as my fees for writing the within deposition. Debr. 8 1836.

E. Harrisborough JP

Justice of the Peace

0871

Knoxville, Tenn. May 30th 1836

$62.70

At sight please pay to C. Whiteman Smedly & Co sixty two dollars seventy cents for Jno. Gunter lands

Gunter’s Landing

Alabama

Asc. Of yr. obt.

Gramand G. Seskell

Jonesboro East Tenn.

0872

Recd. Payment of the within draft of sixty dollars.

Dec. 30 1836

Whiteman Smedley & Co.

0873

Affidavit in citation to

John Gunter Jr.’s claim to Blackburn

Share of Old Gunter Estate

0874

Marshall County

State of Alabama

Personally appeared before me Lewis Wyeth judge of the county court of said county. Wm. Potter of said county who being sworn according to law deposeth and saith that he has heard John Gunter say that he purchased with money borrowed from his father John Gunter Sr. a certain Negro girl named Rose taking the bill of sale in his own name that afterwards his father declined receiving the money and proposed to retain the girl as his own property to which he the said John consented; that the bill of sale was not changed but remained in his own name; that after the death of his father he the said John let Elizabeth Schrimsher have the said Negro girl to which he thought her entitled in place of one which the father had given to her by his will, but which had been sold after the making of said will and before the death of the father.

Deponent further with that he believes that the said Elizabeth received no other Negroes from the estate or from John Gunter only such as were bequeathed her by the last will of her father.

Wm. Potter

Sworn to and subscribed before me

Lewis Wyeth

Judge of the County Court

Of Marshall County, Ala.

May the 20th 1837.

0875

The State of Alabama

Marshall County

I Richard S. Randles clerk of the county court in and for said county do certify that Lewis Wyeth whose signature appears to the within certificate is now and was at the time signing the same judge of the county court of Marshall County Ala. and that due faith and credit is and ought to be given to all his official acts as such and that the signature is given and in testimony whereof I have hereunto set my hand and affixed my private seal, not having a public seal of office, at office in Claysville this 22nd day of May 1837 and of

American Independence the 61st year.

Test. R.S. Randles Clk CC

State of Alabama

Marshall County

I Lewis Wyeth judge of the county court of Marshall County Alabama do hereby certify that R.S. Randles whose signature and private seal (there being no public seal of office) and attached to the foregoing certificate is now and was at the time of certifying the same clerk of the county of Marshall County duly authorized and commissioned as such and that the same is in due form of law.

May 22, 1839

Lewis Wyeth

Judge of the County Court of Marshall

County Alabama

0876

John Gunter Sr. decsd.

Ac $

$9,550.40

0877

1834

Feby.

The Estate of John Gunter Sr. decsd. in act. With John Gunter Jr.

No.1 To sale of merchandize of improvements, stock and rendered as per voucher No. 1. $6000

To improve, sold as purchaser No. 2. at $2400

To survey rendered as clerk from date to the 6th day of January 1836 is 22 ½ mo. at $250 per acr. As per voucher no. 3 $469.29 ½

To cash paid Echols and Hollowell as per voucher No. 4 $26.87 ½

To cash pd. Foster and Parish as per voucher No. 5 $15.00

To cash pd. Beard and Bush as per voucher No. 6 $13.00

To cash pad. W.W. and J. Macfarlane as per voucher No. 7 $43.18 ¾

To cash pd. Saml. Faun as per voucher No. 8 $10.25

0878

To cash pd. John Goforth as per voucher No. 9 $15.00

To cash pd. Stephen Newman as per voucher No. 10 $3.50

To cash pd. Walker and Abernath as per voucher No. 11. $8.13

To cash pd. To A. Calillo tax for 1845 as per his vch. No. 12 81 ¼

To cash pd Chas R. Terrill for 10 mo. service on the estate after the decease as per vch. No. 13 $140.00

1835

Mar 1st

To cash pd for 3038 lbs of bacon and 259 ? of land as 9’d per the upper voucher 14 $296.73

To cash pd for 447 lbs of br. sugar at 10 ¼ of as per voucher No. 15 $55.93 ¾

June 10th

To 163 lbs of coffee purchased at 18 c as per voucher No. 16 $28.18 ¾

Augst 17

To 5 patent axes furnished at 15 per as per voucher No. 17 $12.50

Sept. 5th

To cash pad A. Turner for sole and upper leather as per voucher No. 18 $11.00

To this amt. now due - $9550.40 ½

0879

Van Buren

March 14

Gen. Nat. Smith

Sup. Cherokee Removal

Calhoun Tennessee

0880

Gunter’s Landing Ala.

13th March 1838

Gen. N. Smith

Dr. Sir,

Your letter of instructions under date 2nd inst. came to hand a few days since, requesting of me to say why a certain improvement of Mr. R. Blackburn containing some twenty five acres was not valued by Mr. Riechts and myself; and to inform the U.S. commissioners or yourself of the quantity and value of the land.

I have this day been over this improvement in question. The reason that Mr. Riechts and myself did not value this is that it was not pointed out to us by Mr. Blackburn.

The improvement is in the Island pointing immediately to Gunter’s Landing. Mr. Riechts and myself did not value this improvement to Mr. Blackburn

There is about twenty two acres of it under a first rate fence and I am of the opinion that the improvement is worth at least fourteen dollars per acre, making three hundred and eight dollars.

Very respectfully I am de. Be. Your obt. sevt.

And. Moore

0881

Van Buren

March 21

Genl. N. Smith

Superintendent Cher. Removal

Calhoun Tennessee

0882

Gunter’s Landing

14th March 1838

Genl. N. Smith

Dr. Sir,

When we were engaged as appraising agents of the Cherokee improvements under the treaty of 1835 we valued some improvements for Mr. Richard Blackburn.

In the investigation of his claims we were made satisfied with Mr. Blackburn’s correctness in all his claims. We found him strictly honest and conscientious in his representations - he us to no trouble – his own assertions it and satisfied us. We found him rather disposed to do himself injustice than to ? the Cherokee appropriations. We believe that ? Mr. Blackburn will say with regard to any of his claims is entitled to special credit.

Respectfully your obt. sert.

And. Moore

0883

Acquainted with Mr. Richard Blackburn truly and without hesitance concur in assurance with regard to Mr. Richard Blackburn as a man of truth and as a conscientious gentleman and we would believe Mr. Blackburn on his word without hesitation.

Hug. Beglus

Thomas Patterson

P.M. Bush

W.P. Macfarlane

John Thomas

Jas. E. May

Wm. Morgan

A. Riddle

B.C. Woodall

K. M. Glascock

Wm. F.E. Were

B.G. Parsons

Jesse I. Allen

L.G. Stevens

Curtis Herman

Y.E. Wyeth

Thos. Moore

John Z. Thomas

0884

John Gunter statement inform of Mr. Blackburn’s claim to an improvement

Valued to

Richard Fields

Settled

0885

To the Commissioners

Gent – You will find on the book of Messrs. Moore and Ricketts, valuing agents for Ala., a certain improvement valued in the name of Richard Fields – the place is no. 56 – on the books if I mistake not – and before the place was valued I made – the necessary complaint to Moore and Ricketts have amid improvement valued in the name of Mrs. Martha Blackburn – as she was the only lawful owner – according to the Indian Laws. The right of the place was in dispute between Fields and Mr. Blackburn but Mrs. Blackburn was in actual possession of said improvements and Fields then had her dispossessed by the sheriff of the county of Blount Ala. Then Mrs. Blackburn sued Fields for said improvement – under the laws of the Nation – and as she gained from the hands of Fields – the right and title to said improvement – upon those ? she prays that you shall give her ample time to defend the right of said improvement before you – as she is justly entitled to the valuation of said improvements. The place was valued to something like twelve hundred dollars. She will be ready to pay all the necessary proof before you – so soon as Mr. John Ridge returns from Ala. & c.

I am gent, yours with respect,

John Gunter, Jr.

Behalf of Martha Blackburn

0886

Blackburn’s Mill No. 16

0887

Georgia Lumpkin County

Personally appeared before me Samuel Hanrbey who being duly sworn saith on oath that he ? Blackburn’s Mill its incurring was worth five or six bushels per week. Sworn to and Subscribed this the 11th Oct. 1836.

His X mark

Samuel Hanrbey

Caleb. Herndon JP

0888

Genl. N. Smith

Sup. Cher. Removal

Calhoun

Tennessee

0889

Gunter’s Landing Ala.

13th March 1838

Genl. N. Smith,

Dr. Sir,

With regard to the improvement that you instructed Genl. Moore to value for me I have to say as I said to you in person that when Mr. Ricketts came upon my improvements to value them they took me the law upon such questions I did not with to say anything about the improvements in the Island in question because I did not think they would value it under their instructions. I did not wish to put any imposition upon them.

I have found since that ? claims have been abandoned. This is my reason for putting up mine.

The fact is thus that I had an improvement in the Island and after the treaty I made the additional improvements, it now ? as Conl. Moore has represented 22 acres under a first rate fence & c. four miles ? my statement to you with regard to this improvement and yourself. Please as whatyou may think right for me to ? no one.

Respectfully ??

0890

L. Stevens affidavit

0891

State of Alabama

Marshall County

Personally appeared before me Lewis Stevens and made oath that in the year 1835 he bought of Jno. Gunter Junr. a Negro man named Nero for five hundred and fifty dollars. The purchase was made for the L.C. & S. Railroad Co. and paid in cash said amt. of money, and after that time the said Gunter told him that said boy was the property of his sister now Mrs. Schrimsher saying it was so arranged by his father and that he after that time paid said sister Mrs. Schrimsher a Negro girl at three hundred and fifty dollars and paid him two hundred dollars in cash in lieu of said Negro.

Lewis Stevens

Sworn to and subscribed before me this 18th Nov. 1836

E. Harrisborough

0892

I Richard S. Randles clerk of the county court in and for said county do certify that E. Harrisborough whose signature appears to the within and foregoing affidavit is now and was at the time signing an acting justice of the peace of the duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts as such and that his signature is genuine.

In testimony whereof I hereunto set my hand and affix my private seal there being no seal of office at office in Claysville this twenty fourth day of March one thousand eight hundred and thirty-seven and of American Independence the 61st year.

R.S. Randles Clk CC

0893

State of Alabama

Marshall County

I Lewis Wyeth Judge of the County Court of Marshall County do certify that R.S. Randles whose signature and private seal (there being no public seal of office) are annexed to the foregoing certificate is now and was at the time of certifying the same clerk of the county court of Marshall County duly commissioned and authorized as such and that the same is in due form of laws.

March 24, 1837

Lewis Wyeth

Judge of the County Court

Of Marshall County

0894

John Gunter’s letter claiming a valuation for Mr. Cab. Fields which was valued for Mr. Turner also claming a valuation for Mrs. Blackburn which was valued for Mr. Richard Fields.

Dec. 12th 1836

Adjudicated and settled

0895

New Echota

Dec. 12th 1836

To his ext. Wilson Lumpkin

And John Kennedy Com.ss & C.

Gentlemen,

I am instructed by Mr. Cab Fields and Mrs. Martha Blackburn to notify you that they have been misused in some of their valuations. 1Mst Mr. Fields – you will find purchased a place or improvement from Mr. Thos. Turner in the month of August Last 1836 which improvement has since been valued to Mr. Lumer. Contrary to the known wishes and will of Mr. Fields and which improvement lies in the limits of Ala. and was valued by Messrs Rice and McCay to Mr. Turner and at a proper time I shall present to you the bill of sale of said improvement from Mr. Turner to Mr. Fields.

2nd Mrs. Blackburn – Improvement lies in Ala and was valued by Messrs Moore and Ricketts and her improvement has been valued in the name of Mr. Richd. Fields and if I mistake not upon examining the books, you will find that valuation, no. 56, gent. At a proper time I shall lay both these cases properly before you with all the evidence and proper – thereunto annexed – I therefore beg of you, gent –that you do nothing with the valuations of those two improvements until I am properly prepared to meet a proper investigation of the same. Your compliance to the above request will be most thankfully acknowledged by your humble and obt. sert,

John Gunter


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

Updated 3.2.2010