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Edward
Gunter’s Reservation S182 0650 Land
Office Sir, With
this you will be pleased to receive sundry documents filed in this
office
relative to John Gunter’s and Edward Gunter’s Reservations
in 0651 Edward
Gunter’s Land. Hugh
Henry in Feby. or March 1829 became acquainted with the place claimed
by Edward
Gunter. Tho. D. Ackerman then lived
there. Does not know where Gunter then
lived, but in 1820 Gunter lived on the South side of the John
Cox became acquainted with Edw. Gunter in 1817, when he lived at his
landing on
the North side of the River – in 1818 Gunter resided on the South
side of the
River and has never lived on the North side since that time. Edward
Cox had known Edw. Gunter since Feby. 1817 when he lived on the tract
now
claimed by him. Removed to the South
side of the River in the winter of 1818, 1819. Gunter
removed his houses lower down the river. Gilbreath
Barton – First knew Gunter in December 1818 when he lived on his
reserve North
of the River. Witness rented some houses
on the South side of River from Gunter until Jany. 1819 when he removed
in
consequence of Gunter’s wanting them. In
Feby. of March 1819 Gunter lived south of the River and has continued
to reside
there. Elisha
Clampett – In 1818 Gunter lived on his land North of the River,
and in the
latter part of 1819 and since that time has resided on the South side. In 1821 Gunter rented his land north of the
river and ever since except one year. Robert
Walker – First knew Gunter in 1818 or 1819, thinks 1819, when he
lived South of
the River. Kept the ferry for Gunter in
part of 1819 and 1820. Gunter left the
North for the South side of the River in 1819. Alexander
Gibreath has known Gunter since 1808 or 1809. Does
not know where he lived when the Treaty of 1819
was made, but in
that year he lived South of the river. David
Ricketts – In the early part of 1820 Gunter lived south of the
river and has
continued to reside there. John
M. Cole knew Gunter 15 years ago when he lived north of the river. Same year moved to the South side of River
and has resided there since that time. Thomas
Aikman was Gunter’s ferry man. Gunter
for the last 9 years has not resided on the
reserve. 0652 George
F. Reede became acquainted with Gunter in 1818 when he resided on the
south
side of the river opposite the place now claimed, and has lived on that
side ever
since. Gunter’s houses were moved
down
the River near to his ferry landing in 1819. 0653 Edw.
Gunter claim to land as his ferry on the Mr.
McKee testifies that in 1819 he moved his northern houses ¼ of a
mile lower
down the River to the ferry landing. His
land was cleared and the ferry kept previous to 1819.
Since 1819 has lived south of the river. Isaiah
Walker first saw Gunter in 1814 when he was wounded by the Creek
Indians. In Feby. 1819 Gunter lived North
of the River
and had a fine plantation down from his house to the ferry. He moved his houses to the ferry, and they
were made the center of survey of the reservation.
Got better land by removing. Rob
Walker – In 1819 Gunter lived on both sides of the River. He moved his houses about 300 or 330 yards
down the River in 1819 to his ferry landing. His
improvements then extended from his ferry up the
River to within
about 100 or 150 yards of the place for which he moved his houses. Has lived South of the River since that time. In making the survey the center was fixed at
his houses. David
Parkhills In 1819 gunter had a house or
lived North of the River about ¼ mile from his landing, in the
same year moved
the houses to the landing and at that time his plantation extended to
the
ferry. Has got better land by moving the
houses begin the center of the reservation. Has
lived South of the River since 1819. Edw.
Cox – testifies to the same effect as Bridges except with respect
to his wives. 0654 This
testimony it appears that prior to 1819 Gunter had a ferry with
Tennessee and
lived and had plantations on both sides of the river that in that year
he moved
his houses about ¼ of a mile down the river to his landing but
not out of his
improvements. By this removal he has
obtained better land. His house is now
the center of the reservation – He has lived on the South side of
the
River. It is not alleged that he has
abandoned his ferry or the use and occupancy of his northern houses and
plantation and the case seemed to depend entirely upon the fact whether
his
having lived since 1819 on the South side of his ferry is sufficed to
constitute a fulfilling of his right to his northern plantation. Edward Gunter is one of persons named in the
Schedule referred to in the 3rd Article of the Convention of
1819,
Land Laws page 169, to whose estates in fee simple are given. 0655 The
State of This
day personally appeared before me Mr. H. E. Wheeler on acting justice
of the
peace in and for said I
was living on the south side of the Tennessee River in the year of 1819
and in
the spring of that year Edward Gunter was living on the south side of
the said
river in what is now called the Cherokee Nation, but part of his family
lived
on this side of the river and he tended some land on this side of the
river in
what is now called Jackson County or at least they said it was
Gunter’s Corn
tho I never seen him or working at River by B. Smith do you know after
the
treaty was made public that Gunter pulled own his houses and moved
them, and he
pulled his houses down in the fall of the year 1819 or 1820 tho I
believe it
was in 1819 and moved 0656 them
something near one quarter of a mile down the river to his ferry
landing. Quest. by the same was not there
before the
reservation was surveyed by the public surveyor who come through this
county
for that purpose? Ans. It was some
little time before I heard talk of its being surveyed tho I never see
it
surveyed. Quest. by the same did not Mr. Gunter by this moving of his
houses
make an exchange of a very mean piece of land for a very good piece? Ans. He got a first rate piece of land for a
very
mean place for the distance before measured extending one mile in
length Quest.
by the same has Mr. Edward Gunter ever live on this side of the river
since he
moved has houses? Ans. Not as I know
of. Quest. by the same has it not been a
talk amongst the people that Mr. Gunter defrauded the government b this
removal
of his house? Ans. I
have heard folks say that he got a first
rat piece of land by this removal, and I always understood that the
Treaty
confined them to make their houses the center of their reservations. Quest. by the same did you ever hear Mr.
Gunter say anything about the rumors of his houses?
Ans. I
don’t recollect of ever hearing him say anything about them but I
seen him when
he was a moving them. Quest. by Edward
Gunter was not my plantation lying at the ferry landing when you was
first
acquainted at that place? Ans. 0657 The
first time that I ever was there it was in the fall of 1816 and it was
then in
the woods and a cane track and in the year 1819 I was there again and
your farm
was then near about the ferry and I think Akiman told me that he had
hope to
clear that land and it was cleared when I came back in 1819 and he told
me that
he had been keeping the ferry for you. Quest.
by Gunter Is the ferry landing now at the same place that it was in
1816? Ans. I
put in stock some distance above where the ferry landing is now in that
year
when I crop, but where you moved your houses it was the ferry landing
in the
year 1819. Quest. by the same
Those houses that you speak of did you see
them pulled down? Ans.
I did not see them pulled down.
Quest. by the same the plantation that was in
the year of 1819 is it not the center on one side?
Ans. I
don’t know. Sworn
to and subscribed before me this 12th day of March 1831 --- William
McKee his mark Hon.
H.E. Wheeler (seal) Justice
of the Peace Isaiah
Walker evidence, The first time as well as my mind serves me at this
time I
ever seen Edward Gunter was lying wounded and I was told by the Creeks
the
inst. think the 4th 1814. The
next time I seen him was living at what is called Gunter’s
Landing in the year
1819. 0658 Quest
by Booker Smith, do you know where Edward Gunter’s place of
residence were at
the time the treaty was made between the 0659 It
was the 7th of February that I was there.
Quest by Gunter, were you present when the
surveyor surveyed my reservation? Ans. I
was. Quest by the same, did you not
think, where he made the center, it was the center of my improvement? Ans. There was
cleared land above and below and the house
was there where he
made the center. Quest. by the same, did
you not go clear round with the surveyor when he ran it out? Ans. I
did. Isaiah
Sworn
to and subscribed before me this 12th day of March
1831--------- Hon.
H.E. Wheeler (seal) Justice
of the Peace Robert
Walker evidence, When I was on the south side of 0660 Before
long then some of them told me that a negro should gather corn in my
place then
I readily consented to go and accordingly done so and stayed there
until some
time I think late in January or quite early February but I do not
exactly
recollect. Close about that time though
I think this was the months of (illegible) the year 1820 but some time
before
this the reservation was surveyed by the surveyors and his hands. Quest by Booker Smith, was you acquainted
with Edward Gunter’s place of residence in the year of 1819? Ans. I
believe he held a place of residence on both sides of the river. Quest. by the same, do you know of Mr.
Gunter’ pulling down his houses and moving things from his
residence on the
north side of the river and how far do you suppose he did move them? Ans. I
believe he pulled them down and moved them something near three hundred
and
thirty or forty yards. Quest by the
same, did you assist Mr. Gunter in the removal of the houses? Ans. If I did, I
don’t now recollect. 0661 I
might or I might not but I recollect that I ? him house there where my
?
notes. Quest. by the same, was you not
there at the time of this removal in the employ of Mr. Edward Gunter? Ans. I
was. Quest. by the same, did Mr. Gunter
ever express to you the reason or object he had in moving them houses? Ans. If he did I
don’t recollect. Quest. by the same,
did not Mr. Gunter gain by this
removal of his
houses a very excellent piece of land in lieu of a very indifferent
piece the
distance that you stated he moved them houses the full length of his
reservation? Ans. I
had much rather have it. Quest. by the
same, what has been the
language of the people on the subject of this removal?
Ans. I
have never heard anything said about this removal, but I have heard
people say
that he had more than land his right, they expected.
Quest. by the same, where did the principal
part of Mr. Gunter’s plantation lye on the north side of 0662 Quest.
by the same, Do you know of Mr. Gunter’s living on that
reservation since the
year 1819? Ans. He
does not. Quest. by the same, has not Mr.
Gunter’s
residence been on the south
side of the 0663 round
until he came to the River. Quest. by
the same, did you not think at that time that he placed the improvement
as well
the center as he could have done it? Ans. I think that he
was
particular in placing the compass in the center of the door of the
house he
removed and the ferry landing. Robert
Walker Sworn
to and subscribed before me this 11th day of March 1831 Hon.
H.E. Wheeler (seal) Justice
of the Peace David
Parkhill’s evidence, he states on oath that he (illegible) remove
to the state
of Alabama in the year of 1819 and landed at Gunter’s Landing and
at that time
Edward Gunter lived or had a house on the north side of the Tennessee
River
something like one quarter of a mile above the ferry landing claimed by
him and
in the same year moved his house down to the landing and has ever since
lived
on the south side of the river near said landing and in the Cherokee
Nation and
by removing his houses, and making the center of the reservation
claimed by him
on the north side of the Tennessee River. I
have 0664 frequently
heard the settlers say that Edward Gunter had by removing his houses
from where
they were originally built, to the place where he rebuilt them near the
ferry
landing had defrauded the government of the United States and thereby
gotten a
piece of land in breadth the distance he removed his houses and in
length one
mile of first rate quality of land instead of the same quantity of
inferior
land he otherwise would have gotten if he had not removed his houses
and in his
opinion by so doing has departed from the spirit of the Treaty. Quest.
by Edward Gunter, was there not a plantation on the north side of the
river at
the ferry landing at that time? Ans. I think there was
that
extended as low as the landing. Quest.
by the same, those houses you speak of being removed, did you see them
removed? Ans. I
did not. Quest. by the same, the ferry
landing and the
improvement don’t you
believe them to be about the center of the reservation?
Ans. I
don’t know but I have always understood 0665 there
were as near the center as practable. Quest.
by Smith, was the houses that before
mentioned shortly after the
treaty demolished and moved away? Ans. I think it was in the year of 1819 they were
removed from where I first seen them. Quest.
by the same, when you first moved to the
country did you see any
houses at the ferry landing? Ans. I do not recollect but my impression is there
was not any there. Sworn
to and subscribed before me this 12th day of March 1831 Hon.
H.E. Wheeler, H.Peters Justice
of the Peace I
certify under my hand and seal that the foregoing deposition was taken
by and
before me the day and date first above written and that the said
William McKee,
Isaiah Walker, Robert Walker and David Parhkill subscribed their names
in my
presence. Hon.
H.E. Wheeler (seal) Justice
of the Peace 0666 State
of I
Richard Blelagian clerk of the county court for the county and state
aforesaid
do certify that William H.E. Wheeler whom now appears subscribed to the
within
certified is and was at the time of subscribing the same and acting
Justice of
the Peace in and for the said county of Jackson duly commissioned and
qualified
as such and that full faith and credit is and should be given to all
his
official acts as scuh.
List R.
Blelagian clk. Ee. 0667 The
State of
0668 I
have still lived in the neighborhood of aid landing ever since the year
1819 in
the fall of that year Mr. Gunter removed his houses near one quarter of
a mile
down said river opposite his ferry landing at or near the lower part of
his
improvements which is said by some who profess to know was made the
center on
the south side of his reservation and if it was according to my
understanding
of the treaty which granted reservation to said Gunter, the said Gunter
got a
very valuable tract of land in place of a very rocky barren track the
full
extent in width and one mile in length of the distance that he removed
his
houses down said river and according to the knowledge I have of the
boundary
claimed by a reservation by said Gunter the place where the houses now
stand
was made the center. Question
by Smith, was this removal of the houses before or after the treaty was
concluded and made public? Ans. It was
after. Quest.
by the same, has not Edw Gunter lived on the south side of the
Tennessee River
ever since the treaty was concluded in the year 1819 between the Edmond
Bridges Sworn
to and subscribed before me this 21st day of March 1831 Hon.
H.E. Wheeler (seal) Justice
of the Peace 0669 Edwards
Cont. states as follows. My
acquaintance with Edward Gunter was early in the year of 1817 that I
moved to
the neighborhood of Gunter’s Landing at that time the said Gunter
had no other
improvement than a small log cabin which was built on the point of a
rocky
bluff on the north side of the Tennessee River directly thereafter a
treaty was
in progress say some few months and concluded in 1819.
Edward Gunter some time that date moved hid
log cabins down the river about one quarter of a mile first about the
lower end
of his improvements that he had made from my first acquaintance with
him. I had frequent conversation with him
and has
to this day been friendly with him he stated that it was improving the
value of
his reservation that he was about to have established at that place
known as
Gunter’s Landing in the county of Jackson Alabama state. The said Gunter some time previous did more
to the south side of the 0670 indifferent
piece of land the distance he moved his houses down the river the full
length
of his reservation. Answer,
he did receive one quarter of a mile up and down the river and one mile
out of
the very first rate land in place of a rocky bluff fronting the river
and back
a mile of very sterile worthless land. Quest.
by the same, was it before or since the
treaty was made public
that he removed their houses? Ans. It
was just before the surveying the reservations. Quest.
by the same, has it not been a general talk
through the
neighborhood that Edward Gunter has by this removal of his houses
defrauded the
government of the Sworn
to and subscribed before me this 21st day of March 1831 Hon.
H.E. Wheeler (seal) Justice
of the Peace I
certify under my hand and seal that the foregoing deposition was taken
by and
before me the day and date first above written and that the said Hon.
H. E. Wheeler JP (seal) Justice
of the Peace 0671 Notice Booker
Smith and John Gilbreath vs. Edward Gunter Executed
by handing a copy to Edward Gunter on the 8th day of March
1831 By
David Richards Constable 0672 State
of Mr.
Edward Gunter Sir
you will please to take notice that I will attend at the office of
William H.E.
Wheeler Esq. a Justice of the Peace in and for the county aforesaid on
the twelfth
day of the present month for the purpose of taking the evidence of
Gilbreath
Barton, Jeremiah Roden, Junior, Benjamin Roen, Alexander Gilbreath,
William
McKee, John Edwards Senior, Samuel Webber, William Manning, David
Parkhill,
Nathan Crockett, David Rickets, Charles Carnally, Robert Walker, Isaiah
Walker,
and George T. Read, respecting the right to a reservation said to have
been
taken by you embracing one mile of square on the north side of the
Tennessee
River in the count of Jackson and opposite the ferry you keep on said
river. The evidence will be taken
between the hours of Booker
Smith Mr.
Gilbreath 0673 A
notice to Edward Gunter I
certify that I have served a true copy of this notice on Edward Gunter
this 15th
day of March 1831. Lt
Boshart 0674 Same
as 0673 0675 Papers
relative to Edward Gunter’s Reservation 0676 The
State of Mr.
Edward Gunter Sir
take notice that we will attend at the office of William H.E. Wheeler a
Justice
of the Peace in and for this county on Monday the 21st of
the
present month for the purpose of taking the evidence of Edward Cox and
Edmond
Bridges respecting a right to a reservation of land said to have been
taken by
you on the north side of the Tennessee River opposite to Gunter’s
Landing in
the county of Jackson, at which time and place you may attend if you
choose. Booker
Smith John
Gilbreath 0677 Edward
Gunter Forwards
copy of General Meigs certificate that he is entitled to a few simple
reservations under the Cherokee Treaty. To
the Hon. Elijah Hayward Commissioner
of 0678 Commissioner
of the General Land Office Sir,
0679 A
Certificate for Edward Gunter 18th August 1819 Edward
Gunter a Cherokee having had a reservation of land granted to him by
the treaty
of Given
under my hand and the seal of the Cherokee Agency the 18th
day of
August 1819 Return
G. Meigs (seal) The
State of This
day personally came before me John J. Coleman an acting Justice of the
Peace in
and for said county and state, duly elected commissioned and sworn,
John Read
late Register of the Land Office of the District of Lands belonging to
the
United States of America, offered for sale at Huntsville Alabama, who
on being
duly sworn deposeth and saith that the above is a correct copy of a
certificate
now in the hands of Edward Gunter from Return J. Meigs late Cherokee
Indian
Agent, and that the whole of said document including the signature
thereto is
in the proper hand writing of said Return J. Meigs.
Sworn to and subscribed before me this the 19th
day of April 1832. John
Read John
J. Coleman J.P. (seal) State
of I
Richard B. Pindom clerk of the county court of said county do certify
that John
J. Coleman before whom the forgoing affidavit was sworn, 0680 is
now and was at this date of the same, an acting Justice of the Peace,
in and
for said County, duly commissioned as such and that full faith and
credit due
to all his official acts. In
testimony whereof I have hereunto subscribed my name and office the
seal of
said county courts, at offices, in Huntsville, this nineteenth day of
April in
eighteen hundred and thirty-two and of American Independence the
fifty-sixth. 0681 The
State of Persuant
to a notice heretofore served on Edward Gunter, a copy of which marked
(A) is
herewith filed and executed by David Ricketts constable of Archibald R.
Barclay
an acting justice of the peace in and for the county of a aforesaid, at
the
insistence of John Gilbreath and Booker Smith have called and caused to
come
before me at my office in Claysville Bailey Read, John Gilbreath, Hugh
Henry,
Edward Cox, Elisha Clamfirth, Richard Chuck, Howard Rose, William
McKee, Richard
Kirdland, David Ricketts, Booker Smith, David Parkhill, Benjamin Rodon,
Jeremiah Roden, John Cox, Edmond Bridges, and Samuel Webber on the 13th
day of April 1832 at the hour of 11 o’clock A.M. of that day, who
being duly
sworn to speak the truth the whole truth and nothing but the truth in
relation
to the claim of Edward Gunter to a reservation of 640 acres of land in
said
county, claimed by him under a treaty between the United States and the
Cherokee Nation of Indians – 1st who said Hugh Henry
being first
called 0682 deposeth
and saith that in the y ear one thousand eight hundred and nineteen in
the
latter part of February at the first of March was his first
acquaintance at
Gunter’s Landing when Mr. Edward Gunter claims hi reservation and
to the best
of his recollection Thomas did know there lived on the reservation
which is
claimed by the said Edward Gunter and as to when Mr. Gunter lived at
that time
he is unable to say in the year but in the year eighteen hundred and
twenty in
the latter part of the winter on early in the spring he returned to
said
Gunter’s Landing Mr. Edward Gunter then was living on the south
of the
Tennessee River in the Cherokee Nation. Where
the contract to live for some few year and
then allowed a short
distance for them in the Nation. Quest. Did you ever know of Edward Gunter’s
living
on the reservation claimed by him in Ans.
I never knew of Edward Gunter every one on the land claimed by him as a 0683 defendant
says that Hugh
Henry Sworn
to and subscribed before me this 13th day of April 1832 A.R.
Barclay Justice of the Peace 2nd
John Cox being next called deposed and says that in the year 1817 I
became
acquainted with Edward Gunter at Gunter’s Landing and that he
then lived on the
north side of Sworn
to and subscribed before me this A.R.
Barclay Justice of the Peace 0684 3rd
Edward Cox being next called, stating that his first acquaintance with
Edward
Gunter was in Feb. 1817. My acquaintance
with him, has been ever since that date, never living more than from
five to
foreteen miles since; he lived on the north side of the Tennessee River
where I
first became acquainted with him on the tract of land now called his
reservation and sometime in the winter of 1819 he moved on the south
side of
said river and lived a few years near the banks; and then moved about
two miles
south of his first settlement into the nation where he now lives. Question
by Booker Smith. Do you know that Edward
Gunter removed the houses he at first occupied from the place where he
first
erected them, lower down the river, and if so, did he not by moving
said houses
make the center of the reservation in a manner to gain to himself a
very
valuable addition to the value of the reservation, by throwing off
inferior
land and gaining thereby land of the best quality in its stead; and how
far you
think he moved the houses? In
answer to the first part of your question, moving his houses & c. I think the distance to be about or between
fore and five hundred yards down the river, and next part of the
question he by
said removal did gain that amount of first rate land in place of 0685 a
spur or bluff on said river and back of said bluff that distance of 2
berth and
pore land the width of said reservation. Question
by Booker Smith. Did not Edward Gunter
move the houses, as it appeared to you at that time, for the purpose of
adding
to the value of the said reservation? Answer. I do – Question
by Booker Smith. At what time did Edward
Gunter remove from the reservation claimed by him to the Cherokee
Nation? Answer. In the early part of the year of 1819 or the
latter part of 1818 he moved to the south side of the river. Edward
Cox Sworn
and subscribed to before me this A.R.
Barclay Justice of the Peace (seal) 4th
Gilbreath Barton being next called states that his first acquaintance
with
Edward Gunter commenced in December 1818 and I have knew him ever since
when I
first become acquainted with him he lived on the north side of the
river on
what is now called his reservation. I
rented of the said Gunter some houses on the south side of the 0686 I
then left there as Gunter told me that he wanted the houses to move to. I moved and settled about 3 or 4 miles and I
don’t recollect of ever being back at the same place until the
latter part of
February or Sworn
and subscribed to before me on this A.R.
Barclay Justice of the Peace (seal) 5th
Elisha Clampett is next called states that his first acquaintance with
Edward
Gunter commenced in 1818 he was then living on the north side of the
Tennessee
River and I have been acquainted with him ever since in the latter part
of the
year of 1819. I was Gunter’s Landing
and
Edward Gunter was then living on the south side of Quest.
by Edward Gunter. Did you ever know of
men living there as tenants on my reservation? Ans. In 1821 Dawson
Clark told me
that he rented some land of you and leased some for the clearing and
was to
have it rent free for four years 0687 and
it has been rented out to different tenants ever since except on year
it lay
idle or a part of it. I recollect of no
tenant that year. A.R.
Barclay Justice of the Peace (seal) 6th
Robert Walker being next called states that his first acquaintance with
Edward
Gunter commenced in 1818 or the early part of 1819 but I think 19 I was
then on
the south side of Tennessee River about eight miles from Gunter’s
Landing on a
place that I had then rented of Edward Gunter, near corn gathering time
word came
from the Mr. Gunter’s that if I would go and keep the ferry they
would send a
hand to gather corn for me that he E. Gunter wanted to go to a council
that was
then in the nation. I stayed at the
ferry until 1820. Gunter left this side
of the river in 1819 and has never lived on the north side of the Sworn
and subscribed to before me this A.R.
Barclay Justice of the Peace (seal) 7th
Alexander Gilbreath being next called states that his first
acquaintance with
Edward Gunter commenced in the year 1808 or 1809 and have being
acquainted with
him ever since 0688 that
time. Question
by Booker Smith. Do you know where Mr.
Edward Gunter lived at the time the treaty was made between the United
States,
and the Cherokee nation in the year 1819, and where he has lived since
that
time? Answer. I
do not recollect where he lived at the time
the treaty was made, but he lived in the Cherokee Nation in the year
1819, and
has continued to live in the Cherokee Nation ever since. Sworn
and subscribed to before me this A.R.
Barclay Justic of the Peace (seal) 8th
Benjamin Roden being next called states that he became acquainted with
Mr.
Edward Gunter in the summer of the year 1819. Question
by Booker Smith. Where did he live when
you became acquainted with him? Answer. He lived in the
Cherokee
Nation on the South side of the Question
by the same. Where has he lived since
that time? Answer. He
has continued to live in the Cherokee
Nation 0689 ever
since that time. Question
by Edward Gunter. Did you know of any
persons occupying the reservations claimed by me on the north side of
the Sworn
and subscribed to before me this A.R.
Barclay Justice of the Peace (seal) 9th
David Ricketts being next called states that in the early part of the
year 1820
Edward Gunter lived in the Cherokee Nation and has continued to live
there ever 0690 since
that time to the present date. Sworn
and subscribed to before me this A.R.
Barclay Justice of the Peace (seal) 10th
John W. Cole being next called states that he became acquainted with
Edward
Gunter fifteen years ago. He Gunter then
lived on the north side of the river and continued to live there on to
the
spring of that year, and then he moved off, I think up the river to the
south
side near to where Samuel Gunter now lives something like 8 or 10 miles
from
Gunter’s Landing. My next
acquaintance
with E. Gunter was in January 1823 he was then living on the south side
of the
river in the Cherokee Nation and has continued to live on the same side
of the
river ever since. Question
by Booker Smith. Were you at or in the
neighborhood of the reservation in question between the years 1817 and
1823? And if you were, where did Mr.
Edward Gunter then live? Answer. I was there twice during that time, in the
months of October in two different years. And
I was informed 0691 by
said Gunter’s ferryman Thomas Aikman that he lived from eight to
ten miles from
the said reservation in the Cherokee nation at those times; and has
continued
to live there (in the Cherokee Nation) ever since and I have resided in
this
neighborhood for the last nine years and have never known of Mr.
Gunter’s
having lived on the land in question during that time. Sworn
and subscribed before me this A.R.
Barclay Justice of the Peace (seal) 11th
George T. Reed being next called states that he became acquainted with
Edward
Gunter in the year 1818 at which time he lived in what is now known as
the
Cherokee Nation on the south side of the Tennessee River, and opposite
to the
place he now claims as a reservation in the county of Jackson. Question by Booker Smith.
Where has Edward Gunter resided since your
first acquaintance with him in the year 1818? Answer. He has not
lived on the
reservation in question since my first acquaintance with him; and has
continued
to live in the Cherokee Nation ever since that time.
Question by Booker Smith. Do
you know that Edward 0692 Gunter
did, in the year 1819, remove the houses on the reservation claimed by
him, so
as to make the center of said reservation a considerable distance
further down
the river? Answer. I
think the houses were removed from where they
stood at the time of any first acquaintance with that place about one
quarter
of a mile lower down the river, which was done as I suppose in the year
1819. As I saw them standing at the
place they were removed to in the fall of 1819. Question
by Booker Smith. Did
not
Mr. Gunter by removing his houses as above named gain good land that
distance
one way and one mile the other way; and thereby add greatly to the
value of the
reservation above named? Answer. By that means Mr. Gunter gained land that is
considered
very valuable, instead of land of very inferior quality.
Question by Booker Smith. Has
it not been generally said by the people
in this neighborhood that it was a fraud practiced by Mr. Edward Gunter
to the
injury of the Government of the United States in this removing the
houses above
named? Answer. It
has been generally said to be so. Question
by Edward Gunter. Did you see the 0693 houses
removed you speak of? Answer.
I did not. Question by
Edward Gunter. Do
you
know where the center of the reservation is? Answer. I do not know. Question
by Edward Gunter. Did my plantation lie at
the ferry landing
when you first became acquainted with it in 1818? Answer. It was between where Mr. Gunter’s houses
originally stood and the Ferry
landing, and extending I think nearly from one place to the other. George
T. Reed Sworn
and subscribed to before me this A.R.
Barclay Justice of the Peace (seal) I
certify under my hand and seal that the foregoing deposition was taken
truly by
and before me the days and dates above written and that said Hugh
Henry, John
Cox, Edward Cox, Gilbreath Barton, Elisha Clampett, Robert Walker,
Alexander
Gilbreath, Benjamin Roden, David Ricketts, John W. Coal, and George T.
Reed
subscribed to the foregoing depositions in my presence this 16th
April 1832. A.R.
Barclay (seal) Justice
of the Peace for 0694 State
of I
Richard Blelagian clerk of the county court for the said county do
hereby
certify that A.R. Barclay Esq. before whom the foregoing depositions
were taken
and whose name appears subscribed to the within and foregoing certified
now is
and was at the time of subscribing his name thereto and acting Justice
of the
Peace in and for the said county duly qualified as such and that full
faith and
credit is and should be given to all his acts as such.
In
Testimony whereof I have hereunto subscribed my name and affixed my
personal
seal this being said seal of affairs at office this 23rd day
of April
1832. (seal) Tesa
R. Blelagian Clerk 0695 Notice John
Gilbreath And
Booker Smith Vs. Edward
Gunter A.
Copy State
of Personally
appeared before me A.R. Barclay an acting Justice of the Peace in and
for this
county aforesaid John A. Wear who being duly sworn states that on the 13th
day of April 1832 he delivered to Edward Gunter a notice of whereon
this as a
true copy and explained it to him truly. A.
Wear Sworn
and subscribed to before this 13th April A.R.
Barclay JP 0696 Mr.
Edward Gunter To
be continued from day to day, until the whole is taken, at which time
and
place, you may attend if it suits you. Mr.
Gillbreath Booker
Smith 0697 Notice
to Edward Gunter Once
state by hand a copy to Edward and by reading and explaining the source
to him
on the 10th day of April 1832 by me. Constable 0698 Mr.
Edward Gunter, Sir,
take notice I shall attend at the office of A.R. Barclay an acting
Justice of
the Peace for the County of Jackson on the 13th of this
inst. and to
continue from day to day until the evidence is all taken to taken the
evidence
of John Gunter, Sir Thomas Hodges, William Smith, Robert Walker,
respecting
your right to a reservation of land said to be taken by Thomas
Harrison, when
you may attend if you choose, this 9th April 1832. L.H.
Bashart 0699 Booker
Smith and John Gilbreath Vs Edward
Gunter For
Rich Check Expected
on the 17th day of April 1832 by me. Deputy
Constable 0700 State
of To
any, or Jeffer Check Deputy Con., lawful officer to execute. You are hereby commanded to summon Richard
Check to be and appear at the office of A.R. Barclay on the 17th
instant to give evidence respecting a reservation of land in said
county,
claimed by Edward Gunter, which claim is contested by Booker Smith and
John
Gilbreath herein fail not. Given under
my hand and seal this 16th day of April 1832. 0701 L.D.
Bashart Vs Edward
Gunter For
John Gunter Executed
on the 23rd day of April 1832 year. Constable 0702 State
of To
any lawful constable you are hereby commanded to summon John Gunter in
to
appear before me at my office on the 24th day of this
instant to give
evidence in a certain matter of controversy before me defending therein
L.D.
Bashart is plaintiff and Edward Gunter is defendant fail not give under
my hand
and seal this 13th day of April 1832. A.R.
Barclay J.P. Justice
of the Peace 0703 Subpoena John
Gunter L.D.
Bashart Vs. Edward
Gunter Executed
on the 10th day of April 1832 by me. Con. 0704 State
of To
any lawful officer granting you are hereby commanded to summon John
Gunter to
appear before me at office on the 13th instant to give
evidence in a
certain matter of controversy wherein L.D. Bashart is plaintiff and
Edward
Gunter defendant in behalf of the plaintiff fail not given under my
hand and
seal this 0705 Subpoena
for Jno Gunter Sir L.D.
Bashart Vs Edward
Gunter Executed
on the 23rd day of April 1832 by me. 0706 State
of To
any lawful officer granting you are hereby commanded to summons John
Gunter Sr
to appear before me at my office, on the 24th instant to
show course
if any he had why he did not appear before A.R. Barclay to give
evidence in
case L.D. Bashart against Edward Gunter and why the statute shall not
take it
due course for his failing to appear fail not given under my hand and
seal this
13th April 1832. A.R.
Barclay JP (seal) 0707 Notice John
Gilbreath and Booker Smith To
Edward Gunter Executed
by handing a copy to Edward Gunter and by reading and explaining the
same to
him on the 10th day of April 1832 by me. Constable 0708 Mr.
Edward Gunter Sir, You
will please to take notice that we shall attend at the office of
Archibald
Barclay Esq. on Friday the 13th instant for the purpose of
taking
the evidence of Bailey Read, John Gilbreath, Alexander Gilbreath, Hugh
Henry,
Edward Cox, Elisha Clampett, Richard Check, Howel Rose, William McKee,
Richard
Kirkland, David Ricketts, Booker Smith, David Parkhill, Benjamin Roden,
Jeremiah Roden, John Cox, Edmond Bridges, and Samuel Webber to be read
in
evidence before the commissioners of the General Land Office in this
city of
Washington District of Columbia respecting your claim to a reservation
of land
containing six hundred and forty acres of land claimed by you and lying
in the
county of Jackson, and on the north side of the Tennessee River to be
continued
from day to day until the whole is taken, at which time and place you
may
attend if it suits you. Booker
Smith 0709 Notice
to Edward Gunter Executed
by handing Edward a copy this notice by the 14th day of
April 1832 Const. 0710 State
of Mr.
Edward Gunter
L.D.
Bashart 0711 Notice
to John Gunter This
notice executed by handing a copy to John Gunter Sr and by reading and
explaining the same to him on the 10th day of April 1832 by
me. Constable 0712 Mr.
John Gunter sir, Take
notice that I shall attend at the office of A.R. Barclay a Justice of
the Peace
for the county of Jackson on the 13th day of this month for
the
purpose of taking the evidence of Isaiah Walker, Robert Walker, William
Smith,
Booker Smith respecting your right to a reservation of land in township
647
range 4 east where you may attend if you choose this 9th
April 1832 Isaiah
Wilerman 0713 1836 Copy
of a transcript made from John Gunter Jr. to John Gunter Sr. June
18/84 See
Cherokee series of books No 17 p 15 Christavey 0714 State
of Know
all hereby then present that I John Gunter Junr. Of the county of
Jackson and
state of Alabama for and in consideration of the sum of six thousand
dollars to
me in hand paid the receipt whereof is herby acknowledged have this day
bargained sale transpired and delivered and by these presents do
bargain sale
transfer and deliver unto John Gunter Senr. Of the county and state
aforesaid
all my right title claim interest and demand of in and to the following
described property (viz) one improvement or occupant claim to a certain
tract
or parcel of land lying in that part of Jackson County state of Alabama
over
which the jurisdiction of said county has been extended by the
legislature of
said state containing about one acre and up on which is a store house
known and
called by the name of Gunters Store and also a blacksmith shop and
other
improvements together with the appartainances and also my full entire
and
complete stock and assortment of goods earned and merchandise now on
hand at
said storehouse and all that has been purchased heretofore for the use
and
benefit of said establishment and not yet received be it all of whole
kind
character and description it may also owe other improvements in the
same part
of said county know and called by the name of Cave Spring improvement
and
purchased by me of Stephen Newman with all its appertainances and I
also owe
other improvements in the same part of the said county on Brown’s
Creek
adjoining the improvement of Dry Forehead and purchased by me of Howell
Rose
and its appertainances also five horses and one mule and two wagons
with their
gear to have 0715 and
to hold all and singular the property of every kind, sort, character,
and
description herein mentioned and by these present bargained, sold,
transpired,
delivered under the said John Gunter his heirs, executors,
administrators, and
assigns forever and the said John Gunter Junr. do hereby lend and
obligate
myself to warrant and defend to the said John Gunter Senr. his heirs,
executors, administrators, and assigns all the property therein
mentioned and
specified against the claim or assigns and the claims of or claim
myself, my
heirs, executors, and administrators and any al every other person
whatsoever
in testimony whereof I have here unto set my hand and affixed my seal
this 21st
day of February 1834. J.
Gunter (seal) Test M.W.
Lindsey Stephen
Newman State
of I
Moses Jones clerk of the county court of In
testimony whereof I have hereunto subscribed my name and affixed my
private
seal having no seal of office, at offices in Bellafonte the 29th
day
of September one thousand eight hundred and thirty six and of American
Independence the sixty first year. Clks
fees} $1.75 0716 Copy
of the last will and testament of John Gunter Senr. No.
6 0717 The
Last Will and Testament of John Gunter I
John Gunter Sen. of the Cherokee Nation and residing in the said Nation
do make
and ordain this my last will and testament. 1. I desire that all my just debts shall be paid
as soon as convenient after my decease. 2. It is my will that my son Samuel Gunter have
my mill and plantation situated and being on and near Brown’s
Creek being the
same which I purchased of James Thompson and also that he have one
Negro woman
named Peggy move in his possession. I
also give to my son Samuel Gunter all the debts which he may be owing
me at the
time of my decease. 3. It is my will that my daughter Martha Henry
have the five following Negroes viz Peter Murray. Sukey
and his children, Viny and Lucy and all
the increase of the said Negroes. 4. Should my daughter Martha die without
children it is my will that the said Negroes above mentioned be
considered as
part of my estate and be divided as follows viz one to each of my
children and
one to my grand daughter Nancy Gunter a daughter of Edmond Gunter. 5. Should the above Negroes have any more
increase after this time then it is my will that my grandson George a
son of
Samuel Gunter have one and any other increase which they ma have to be
divided
between my daughter Elizabeth and Catherine. 0718 6. It is my will that my daughter Elizabeth
Gunter have the six following Negroes viz. Olivan Nero Isaac, 7. It is my will that my daughter Catherine
Gunter have the five following Negroes viz. Bill, Andrew, Calvin,
Polly, and
Peggy and all their increase. 8. It is my will that my son John Gunter Junior
have the six following Negroes viz. Tom, Bob, Mary, Augustus, Daniel,
and 9. It is my will that all warrants what I may
have on the Cherokee Nation at the time of my decease shall belong to
my son
John Gunter, Jr. 10. As I have sold my crop of cotton of the year
1832 to my son John Gunter Jur. for five hundred dollars it is my will
that if
I should die before he can return from his contemplated voyage to New
Orleans
then the said John shall not be called upon to make payment for said
cotton
provided that he shall on his return supply the family at my present
home with
three hundred pounds of coffee and three barrels of sugar but if I
should live
till he can return then this tenth article to be void and of no effect. 11. It is my will that my reservation of a tract
of land lying in Jackson county Alabama and known by the name of
Gunter’s 12. It is my will that my granddaughter Lucy
McLoy whom I have raised shall have the four following Negroes viz.
Aaron,
Jacob, Chloe, and 0719 Mary
and all their increase. 13. It is my will that my wife Catherine Gunter
have the seven following Negroes viz Will, Sophy, Jack, Abram, Bolivar,
Rachel,
and Bonipart and all there increase. 14. It is my will that on the decease of my wife
Catherine Gunter five of the last mentioned Negroes viz. Will, Sophy,
Jack,
Abram, and Bolivar with all their increase shall belong to and become
the
property of my youngest daughter Catherine Gunter. 15. It is my will that on the decease of my wife
Catherine Gunter two of the Negroes mentioned in article thirteen viz.
Rachel
and Bonipart with all their increase shall belong to and become the
property of
my son Edmond Gunter. 16. it is my will that my wife Catherine Gunter
have the use of all my hosue hold and kitchen permits during his life
and at
his decease that it be divided equally between my three daughters
Martha,
Elizabeth, and Catherine and my granddaughter Lucy McLoy provided
however that
if either of my daughters or granddaughter should marry before the
decease of
my wife then my is wife is requested to give to such an one his part of
the
furniture. 17. It is my will that all my stock of cattle and
hogs be equally divided between my wife Catherine and my daughters
Martha,
Elizabeth, Catherine, and my granddaughter Lucy McCLoy. 18. It is my will that my wife Catherine Gunter
have my house and plantation where I now live with all its
appertinances
including the plantation on the island at her own disposal during her
life
provided that she shall not sell, rent, or in any way put it out of her
own
cultivation. 0720 as
long as the land belongs to the Cherokee Nation. 19. It is my will that at the decease of my w |
