Saturday, June 7, 2014

Black Fox is seeking compensation for improvements September 15, 1838


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Document: PA0271

Petition [of] Black Fox, 1838 Sept. 15 / [sworn] before Collins McDonald


date: September 15, 1838
extent: 4p
summary: This petition concerns a spoliation claim made against the United States by Black Fox, dated September 15, 1838. Black Fox is seeking compensation for improvements that he made to his property before U.S. authorities removed him. The case was referred through Chief John Ross to Major General Scott for settlement.
repository: Hoskins Special Colections Library, University of Tennessee, Knoxville
collection: MS2033 Penelope Johnson Allen
box: 1
folder: 162
document: pa0271
subject headings:
  • Claims
  • Cherokee Indians--Claims
  • Betterments
  • Cherokee Indians--Land tenure
  • Cherokee Indians--Relocation
  • Southern States

    Page: [1]   [djvu image | jpg image]
    The United Statesfor Spoliation Dr To Black FoxAmohe District
    1 Dwelling house hewed inside & out 23 by 19 feet [deleted: Sqr [Square]] short board roof nailed on puncheon floor 1 door plank shutter stick & dust chimny [chimney] Rock back  
    1 cabbin [cabin] 18 feet Sqr [Square] hewed log common board roof puncheon floor 
    1 cabbin [cabin] 18 feet Sqr [Square] round log no floor board roof 
    1 milk house hewed log board roof 
    1 small Lot for garden about one acre 
    15 acres of cleaned ridge [added: on up] land under good fence 
    3 acres of up land in [added: one] other field under good fence 
    800 Rails --  
    1 Yoke of steers -- -- 50.00
    1 Brown mare 3 yrs old -- 60.00
    1 Bay mare 2 yrs old -- 70.00
    2 stock hogs 7.00
    6 shoats one year old -- 3.0018.00
    5 apple trees bearing fruit  
    25 peach trees bearing fruit  
    15 young peach trees $205.00
    The petitioner states that he made the improvements above stated and resided there until he was removed by the authorities of the United States& that he cultivated the cleared land above named until the present year that the dwelling house & other small houses were of the description above described and that there was the number of acres of cleared land as stated & under good fences
    Page: [2]   [djvu image | jpg image]
    And [added: that] there was the number & kind of fruit as above stated as above stated and that [added: he] left eight hundred good rails on the premises when he left. This petitioner further states that about four years ago he loaned the yoke of work steers described in the foregoing account to a white man citizen of the United Statesknown to the Cherokeesby the name of [deleted: [illegible]] [added: Davis] and that during the time the said [deleted: [illegible]] [added: Davis] had the steers in possession. he ran away & took the steers with [added: him] & that this petitioner has never been able to procure them and that the steers were well worth the prices stated in the foregoing account. This petitioner further states that about fours years a white man citizen of the United Statesby the name of [deleted: Davis] [added: Solomon] held a claim against a cherokeeby the name of Elie [unclear: Suterlifter]and that the said Solomon[deleted: Davis] without any lawful process took the brown mare first described in the foregoing account to satisfy his claim against [unclear: Suterlifter]and that he never received from any person any compensation whatever for said mare & that he believes that she was well worth the price charged. -- This petitioner further states that about the year 1834 he was in possession & owned the bay mare last- described in the foregoing account and that he loaned said [added: mare] to a white man citizen of the United Statesknown to the Cherokeesby the name of Johnand that during the time he had the mare in possession under a loan he sold the mare, and stated to this petitioner
    Page: [3]   [djvu image | jpg image]
    that he would pay him for the mare but never at any time paid him one cent by way of compensation for his mare and that he believes that the mare was worth the price set forth. And this petitioner further saith that the hogs set forth in the foregoing account were worth the prices charged, and that he purchased the hogs from a cherokeewho resided in the State of Georgiaand that the hogs ran away & they were sold under the estray laws of Georgiaand that he never received any money arising from the sale of the hogs. All of the foregoing statement the said Black foxappears to be just & true to the best of his knowledge & belief.

    Appeared before me this 15th day of Sept. 1838
    [Signed] Collins McDonald Agent for Collecting Claims

    [Signed] Black Foxhis X mark
    Personally came before me [deleted: Black Fox] [unclear: Catcher]of the Cherokee Nationand solemnly [unclear: affirmed] that he was well acquainted with the applicant Black foxand knows that he knows that he made and occupied the improvements above stated and that owned the property described in his account and that he lost it under the circumstances he had set forth to the best of his recollection and that it was worth the prices charged all of which he lost before the 23rd of May 1838 to the best of his knowledge and belief

    [unclear: affirmed] to before me this 15th Sept. 1838
    [Signed] Collins McDonald Agent for Collecting Claims

    [Signed] [unclear: Catcher]X his mark


    Page: [4]   [djvu image | jpg image]
    Amohee District
    The United StatesTo Black FoxDr
    [unclear: Rep] to 23rd May 1838
    Referred through Jno. [John] RossPl [Principal] Chief to Maj Genl [Major General] Scottcommanding USArmy for Settlement
    Richd TaylorPres N. [President National] Committee
    [unclear: J Jones]Clk [illegible]

    [unclear: ABC]


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