James Foster 1838 Claim (No. 501) · Retracing the Bell Route: An Archive of Cherokee Removal · Retracing the Bell Route: An Archive of Cherokee Removal

Transcription

James Foster (No. 501)
Transcribed by Alison Ritcher

“United States Dr to James Foster for losses & spoliations committed by citizens of the U. states”
“In 1829 To 1 silver mounted rifle Pistol $50.00
1 big surtout coat [a type of overcoat] 22.00
1822 To 1 fine gelding (sorell) 100.00
1823 cash 200.00
$372.00”
“The above is a true estimate of the amount of property stolen from me by citizens of the u. states and for which I have not rec[eived] any compensation & for which I have made a charge
sworn to & subscribed before me this the 2 of Sept[ember] 1837 James Foster his X mark
John Ridge Pres[ident] Com[mittee]

[Tahyeeskee testimony:] I know the rifle gun Pistol stated by the claim and the coat were taken by hog drivers, which was taken articles were taken from Mr. Fosters house. The way it was discovered a knife belonging to Foster stolen at the same time was sold by one of the hands to one white man who had married one of the Saunders. The hog drivers stated stayed all night at Fosters house & when they took the gun & coat at that time He certainly lost the aforesaid rifle gun or Pistol and the coat
I know the sorrel horse charged—he ran away from Foster, and those who saw the horse in possession of the white people told me of it, & I know the horse well & that he the claimant lost it
Sworn to & subscribed before me this the 2nd Sept[ember] 1837 Tahyeeskee his X mark
J[ohn] Ridge Pres[ident] Com[mittee]

[Tah-gah-gee testimony:] At the time stated by the claimant I know a white man who had stolen the amount of money charged by the Mr. Foster from said Foster –He tried to shoot Foster but his gun snapped [misfired]—He was taken prisoner & after he was discharged, we hunted the money, & tracked him to where he had hid it under a rock, but the money had been removed from it. This occurrence was notorious thro[ugh] all Coosawattee.
Sworn to & subscribed before me this the 2nd Sept[ember] 1837 Tah-gah-gee his X mark
J[ohn] Ridge Pres[ident] Com[mittee]

The above claim is allowed by the committee 7th Sept[ember] 1837
J[ohn] Ridge P[resident] C[ommittee]

James Foster further states on oath that after he had los[t] the hogs sorrel horse he heard he was in the white settlements in Ten Tennessee—that it was not until the second attempt he found the said sorrel horse in the possession of white people in a certain Town, this deponent thinks Washington—which horse he endeavored to recover, but did not succeed.
Sworn to & subscribed before me this 7th Sept[ember] 1837 James Foster his mark

The Claim of James Foster for spoilations $372
Investigated & allowed By the Comm[ittee] Sep[tember] 27th 1837 for the sum of $372.00 Admitted

The witness Samuel Adair affirms that he knows that the Cherokee named Hungary owned the aforesaid horse also that the said horse stayed away from him and was taken up by another Cherokee (the widow Jan) about that time the claimant James Foster passed and said he had brought the said horse from the Hungary and before there was a claim for the horse to be gotten from Mrs. Jan’s a white man named Howard citizen of the United States came and took the horse away from her house and said that he would post it and sell it. The claimants then came to prove the said horse and take it, and Howard kept it out of the way to do that they could not evince it and in a short time after disposed of it in some way and said that he sold it to pay a debt of another white man which obligation he held himself and these claimants, by the management of the whites and the name of the law have been kept from getting their horse
Sworn to & subscribed before me this 3rd day of Feb[ruary] 1838 Sam[uel] Adair Member of Com[mittee]
James Foster his X mark

This claim is allow[e]d with a reduction of $20 12th March 1838 J.A. Bell P[resident of] Com[mittee]

…No 501…Admitted and reduced to fifty dollars $50…

The Claim of James Foster of Cossawaytee for spoliation committed by citizens of the United States about the year 1829 viz.
1 white horse 7 years old $80.00
The claimant, James Foster, says that about the year stated above he lost a certain white horse at the Sixes, which he believes was stolen by citizens of the U. States and which he has never received nor the value thereof, and that the estimate here made is just and reasonable
Sworn to & subscribed before me this 24th May 1839 James Foster his X mark
John A. Bell A Member of com[mittee]

Personally appeared Ta gah gee who being sworn says that he and other Cherokees were at the Sixes about the year 1829 engaged in Digging Gold. The claimant had a white horse there, which worked in a waggon with another belonging to this Deponent—that one after noon he hobbled out these two horses—in the course of two or three hours, some one told this deponent that one of the horses was pursued by some one—He immediately started, and when he got to the place he saw three white men endeavoring to catch this deponents horse, which he succeeded in rescuing. The claimants horse had already disappeared, which this deponent has no doubt was taken by the whites, for…he was not found…after much diligent search.
Sworn to & subscribed before me this 24th May 1837. Ta gah gee his X mark
John A. Bell A Member of Com[mittee]

Personally appeared John Foster who being sworn says that he was at the sixes when the claimant lost the white horse, and the statements made by him and Tah gah gee are correct, so far as they came under the knowledge of this Deponent.
Sworn to & subscribed before me this 24th May 1837 John Foster
John A. Bell A Member of Com[mittee]
The committee allow this claim in full 12th July 1837
J[ohn] Ridge Pres[ident] Com[mittee]
James Foster’s Claim $50 Allowed 12 July 1837 Admitted"

Title

James Foster 1838 Claim (No. 501)

Name of Claimant

James Foster

Name of Witness(es)

Tahyeeskee, Tah-gah-gee

Name of Agent/Clerk

John Ridge

Amount

372.00

Date of Theft

1829

1822

1823