Bridgers presents in chronological order a summary, without interpretation, of all cases (1807-1978) involving the North Carolina Cherokee tribe and its members. It includes Euchella v. Welch (1824), which provided part of the legal basis for Cherokees to remain in North Carolina and the Eastern Band v. North Carolina Wildlife Resources (1978), which recognized the Cherokee’s right to regulate fishing on the reservation.
-Ben Bridgers, "A Legal Digest of the North Carolina Cherokees," Journal of Cherokee Studies, (Winter, 1979), 21-43.
Kituwah Resolution (1816) (MS Word Document)
(Original in PDF)
Perhaps the earliest extant document from Kituwah Council is this 1816 resolution to Cherokee Agent Return Meigs protesting intruders on Cherokee land and the preference given by the Agent to the “Lower Cherokees.”
-Taken from Records of the Cherokee Indian Agency in Tennessee, 1801-1835, Microfilm 367, reel 7, Hunter Library, Western Carolina University.
Message from the Valley Town Cherokees (1816) (MS Word Document)
(Original in PDF)
Valley Town Cherokees in 1816 wish to remain toward the “rising sun” and not move toward the “setting sun.” They also wish to send six chiefs to see President James Madison seeking advice on “what is best for us.”
-Taken from Records of the Cherokee Indian Agency in Tennessee, 1801-1835, Microfilm 367, reel 7, Hunter Library, Western Carolina University.
Letter from Yona Equa to Joseph Meigs (1817) (MS Word Document)
(Original in PDF)
Letter from Big Bear (Yona Equa) complaining of the neglect of the Upper Cherokees” and the failure of American troops to remove intruders as promised.
-Taken from Records of the Cherokee Indian Agency in Tennessee, 1801-1835, Microfilm 367, reel 7, Hunter Library, Western Carolina University.
List of Cherokees Taking Reserves (1820)
A list of Cherokees who sought 640 acre reserves and American citizenship according to the Treaties of 1817 and 1819. The acceptance of these reserves led the Cherokee government to pass a law which denied citizenship to those Cherokees not living within the Cherokee Nation.
-The Cherokee Ghost Dance, Ed. William G. McLoughlin, et al (Mercer University Press: Macon, GA, 1984) 182-191.
List of 837 Emigrants Who Have Changed Their Mind About Removal (1820)
A list 837 Cherokees who signed up for immigration to Arkansas provided by an 1817 Treaty (the first removal treaty with the Cherokees) who have changed their minds and wish to remain. Among the notable names who signed the document are: Drowning Bear, Junaluska, Spring Frog, Pheasant, and Bushyhead.
-Taken from Records of the Cherokee Indian Agency in Tennessee, 1801-1835, Microfilm 367, reel 8, Hunter Library, Western Carolina University.
Euchella v. Welch
In the case of Euchella v. Welch, Euchella had signed up for a 640 acre reserve provided for by the Treaty of 1817. North Carolina, eager to take possession of new lands acquired by the Treaty, inadvertently sold Euchella’s and other Cherokees’ reserves. The NC Supreme Court upheld the validity of the Treaty and Indian titles to reservations (North Carolina believed it would be easier to buy up the reserves and let the Cherokees settle elsewhere. Euchella took his money and moved back within the Cherokee Nation and thus was to be removed by the Treaty of New Echota).
-North Carolina Reports Vol. 10: Cases Argued and Adjudged in the Supreme Court of North Carolina During the Years 1824 and 1825, (Edwards and Broughton Printing Company, State Printers: Raleigh, NC, 1917), 74-87.