(from archived RCHC Web Site)

Note:  Location of the original documents is not indicated; they possibly are in the Roane County Archives’ loose papers.

Additional note:  For this content, paragraph breaks were inserted to make the text easier to read.

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John Den lessee of Wyley Tuten vs. John Scott & others – Circuit Court – 1826

Robert Armstrong proved that he made the Survey of which the foregoing is a copy under authority from the United States Tuten was then living on the land in a new cabin the Land as run off is partly above and partly below the mouth of paint rock creek and included his Tutens house in the center.

Plaintiff read the Deposition of Isaac Davis marked A Joseph Bryant marked B Isaac Walker marked C Caleb Starr (?) marked D and Thomas N. Clark marked E which is to be Taken as part of this Bill of Exceptions And also the Deposition of James G. Williams marked F also to be Taken as part of this Bill of Exceptions . . .

Isaac Byrd for Plaintiff stated that he was well acquainted with Archibald Coody who was a native of the Cherokee nation and his Daughter to whom the Lessee of the plaintiff was married Coody was a native Entitled to all the rights and privaleges of the nation he Byrd as a Justice of the peace for Roane county married Wily Tuten in the year 1807 to Racheal Coody and from that period up to the date of the Treaties Tuten was acknowledged to be a member of the Indian nation and admitted as far as he knew to an Equal and full participation of all the rights of a nation he resided on the south side of Tennessee river on the Indians Land up to the date of the Treaties the ceded Treaty at the date of Jacksons Treaty as well as the date of Calhouns Treaty at the Date of Jacksons Treaty he thinks Tuten Lived on a place which was sold by Tuten and Rodgers to him in the Spring of 1818 and was included but was not positive that he moved to and resided on the Land in Dispute before and at the date of his registry for a reservation

To wit on the 25th of May 1818 was certain Tuten resided on Land in dispute at the date of Calhouns Treaty and witness Lived in roan county a few miles below the Islands – is and has been for thirty years well acquainted with the Twin Islands in Tennessee the islands them (?) Derrominated (?) consists of a cluster of small Islands six in number nearly together and one Large Island the upper end of which comes above the Lower end of the six Islands and Extends down the river the islands thus situated he has always Known as the Seven Islands has heard them so called by all the people acquainted with them for thirty years past – and the reservation as surveyed lies opposite to them there are Islands in the river a few miles below several in number above and below where he witness lives which is five or six miles below land in dispute but he has never heard them called the Seven Island one called and known by Big island and one round Island & specified names to each they extend several miles down the river below where he witness lives the first wife of Tuten who was Rachael Coody Died leaving one child who lived with him Tuten at the date of the Treaties he was then married to a white woman Byrd proved that Tuten always lived on the Indians Land up to the Treaty of 1817 & 1819 that he was at Tutens house on the land Dispute before and about the treaty of 1819 and his indian daughter was living with him

For Deft. Thos. C. Henderson and Robert S. Gilliland Stated that all the Islands in the Tennessee river beginning at the cluster spoken of by Byrd and Extending several miles down the river they have all ways understood there to be and heard them called the seven Islands in Tennessee Robert S. Gilliland also proved that the tenants in possession on whom notice was served lived on the Same in Dispute at the commencement of the suit Plaintiff relied on the treaties of 1817 and 1819 with the cherokee Indians Joseph Byrd stated that he was acquainted with the islands in that part of the river from his boyhood and fished among them and counted them that the Islands described by Jesse Byrd towit six small ones and one large one he has always heard called the seven Islands the others Below was never so called so far as he had heard that Each below the said cluster and Long Island had a specific name one big Island one Round Island &c.

Witness is of opinion that Tuten Lived on the place sold to Isaac Byrd on the 25 May 1818 his reason for so thinking is that he was married in the early part of the year 1819 and went to live on the place sold to J. Byrd his father during the year That soon after Tuten Left It which he thinks was in 1818 his father rented the place to one Gilbreath and Gilbreath went on the place in the winter of 1818 and 1819 that Gilbreath took possession not Long after It was left by Tutens in 1818 and witness himself moved on the Land not Long after Gilbreath went on it

Witness also proved that he knew Wily Tuten and his wife Rachael Coody who was a native of the nation from his boyhood that Tuten have a Daughter by Rachael Coody who was Living with him in 1817 & 1819 at the Date of the Treaties that Witness was issuing commissary at the date of Jacksons Treaty & Issued to Tuten Rassions as any other Indian Tuten having his order from Indian agents as other Indians again at the Treaty of 1819 Witness was captain of the Troops guarding the provisions Tuten again drew his rations as and Indian and messed with said witness as they was well acquainted and Tuten was always acknowledged as Entitled to the privilege of a native –

Thomas Stockton for 30 odd years has known the seven Islands having all that time lived within a few miles of them in the river.  They are spoken and described by I. Byrd and Joseph Byrd he has never heard the islands below called any part of the seven Islands Witness has been among them often and counted them and there are seven in the small cluster besides the Long on the Islands below have always had specific names and never was called any part of the several Island about one fourth of a mile above the seven Islands one called Baileys &c the Land in dispute is opposite the seven Islands in Tennessee river Tuten was living on It before Treaty of 1819 and his indian Daughter with him Tuten was always considered entitled to the privaleges of a native after his marriage with Rachael Coody he Lived on south side of Tennessee river till after Treaty of 1821 when removed by writ off Land in dispute

Stocton proved that when the solders came round to Drive out the whites settled on Indians Land they did not intersept(?) with Tuten but considered him as a native the pilot or interpretor an Indian so stated It The counsel for the Defendant insisted and called on the Court to charge the Jury If they was satisfied from the Evidence Tuten registered himself for a reservation at the place he and Rogers sold to Bird being the place on which Bird now lives that he could not have his reservation surveyed and Laid off at another place Towit the Land now in dispute they also insisted that Wily Tuten was not Entitled To a reservation —

But the Court charged the Jury that most of the points in this cause was settled by the opinion given in this cause where before the Supreme court which opinion or part of It was read by the Court to the Jury, that the Doctrine applicable to special entries did not apply to cases of reservations but came on a supposition that It did I might possibly be contended with success that this was a good special entry and referred to 3d Haywood Tennessee reports the Judge further charged the Jury that registration is primafacius evidence that Tuten was the head of an Indian family Entitled to take reservation.

Again with the proof to remove this presumption is Examined if the Jury should be satisfied that Tuten was married to Rachael Coody a Daughter of Archy or Archibald Coody a half blood Cherokee by a white wife all resident in the ceded Treaty such proof would make him the head of an Indian family and that If his wife was dead and a child by her was Living with him at the date of the Treaty this would be family enough for him to be the head of a family under the Treaties and if with such family whatever other family he may have had he Lived in the ceded Territory with the privaleges of a cherokee from some time before the Treaties until removed by the sheriff from the place in dispute this would make him the head of an Indian family so as to Enable him to take a reservation.

Again as to the place of the reservation It is not important where the register may designate it or what other improvements Tuten may have sold and It Tuten was resident on the Land in dispute from 1818 to and on the first day of January 1820 this will sufficiently Locate the claims the Jury formed a verdict for the plaintiff the Defendant moved for a New Trial which was refused by the court To which opinion of the court in refusing a new trial and also the charge of the Judge the Defendant excepts may be made a part of the record and signed and sealed by the Judge now here which is done accordingly. Edward Scott [Seal].

A copy of Exhibit A

The Deposing part of the Deposition of Isaac Davis

Q. By the plaintiff how long have you been acquainted with the Coody family.
A. About Eighteen years

Q. By same ware they natives of the Cherokee nation
A. They were.

Q. By the same how long have you been acquainted with me and my family.
A. About Eighteen years.

Q. By the same ware I entitled to the privaleges of the nation on account of my wife who was one of the Coody family.
A. You ware.

Q. By same Did you take protection under me on what is called the reservation including the mouth of paint rock.
A. I did.

Q. By the same how long since you took protection under me.
A. I think in the year 1815. I remained there until Samuel Martin took possession which I think was in the year 1818.

Q. By the same what time did I move on said Tract of Land
A. In the spring of the year 1819.

Q. By Deft. was not Charles Coody in the possession of the same in 1817 and 1818 and did you know that he sold his cherokee claim and improvements to the agent of the United States and that Samuel Martin got possession of that date and did not Coody tell you that he had sold all his improvements that Samuel Martin had bought from the Agents.
A. I Do not recollect whether he was in possession in the year 1817 & 1818 I understood he had sold all his improvements to the agent of the U. States under belief and opinion I leased from S. Martin as I understood to leased from the agent I dont recollect that Coody ever told me any thing about it.

Q. By the plff. Do you Know whether Coody was moving from one place to another to cut me out of my place.
A. It was so said.  Thos. Stockton, J.P.

 

The Deposing part of the Deposition of Joseph Bryant

Q. By the plaintiff do you know of your knowledge that I was lawfully married to Rachel Coody the daughter of Archibald Coody.
A. I Do and think you ware married in 1817.

Q. By the same do you know that Sally Forrister who I held the reservation for was the daughter of Rachel Tuten the Daughter of Archibald Coody.
A. I understood by the woman who did know that she was Rachel Tutens daughter who was your wife.

Q. By Defendant do you not know that there are more men concerned(?) in Tutens suit against Martin for the Land he calls the reservation if so who they are.
A. I have understood that Larkin Forrister was conserned also Churchwell & Lea attornies and did hear some person say Forrister & Churchwell has been Talking about Leading (?) for some time past If Forrister gained the land and further this deponent sayeth not.  Joseph Bryant.
Thos. Stockton, J.P.

 

Deposing part of the Deposition of Isaac Walker.

Q. By the ptff. ware you acquainted with Archibald Coody and his family.
A. I was.

Q. By the same ware they not deemed(?) natives of the Cherokee nation and Entitled to all the rights and privaleges of natives.
A. They were.

Q. By the same was you acquainted with me and my family while I was connected with the Coody family by marriage.
A. I was acquainted with her while she lived and you since.

Q. By same do you Know what time I moved to paint rock of the reservation.
A. I think in the year 1818 or 1819.

Q. By the same do you know whether I first improved that place at paint rock or not as a native.
A. I think you did.

Q. By Deft. Do you know that Coody wife was a white woman and the sister of Samuel Riley.
A. I understood that she was the sister of Samuel Riley who lived near Coodys on Rileys Creek and understood she was a white woman and further this Deponent sayeth not. 
Isaac Walker
Thos. Stockton, J.P.

 

A Copy of Exhibit D.

Deposing Deposition of Caleb Starr

Question First by the plaintiff how long has it been since you were acquainted with old Archibald Coody and family.
Ans. Twenty five years.

Q. Was you acquainted at that time with Rachael Coody his Daughter.
Answer I had seen her tho she was small.

Q. Was you not acquainted with her till after I the plaintiff in the action married her.
Ans. I was.

Q. Was she not always recognized and acknowledged a native of the cherokee nation.
A. She was always acknowledged she was about a Quarteroon.

Q. after I married her was I not allowed the full privaleges of the Cherokee nations with rights of a native.
Ans. fully so.

Questions at the Time you was paying for Indian improvements or at any time since did I ever wish you to value my possessions or did I in any way make or surrender of them to you.
Ans. You did not Nor I niver paid you or any other person for them and further this Deponents sayeth not sworn to and subscribed to this 10th day of August 1827 before me.  Caleb Starr
William Cook Justice of the
Peace for McMinnn County.

 

Copy of Exhibits E.

Deposing part of the Deposition of Thos. N. Clark

Question by plaintiff how long have you been acquainted with Archibald Coody and his family.
Ans. I was acquainted with Archibald Coody from the year 1800 until his Death.

Question Was he always considered a native of the Cherokee nation and he and his family entitled to the privalege of the nations.
Ans. I always understood that they ware.

Q. 3 Ware you acquainted with his daughter Rachael Coody before and after her marriage.
Ans. I was.

Q. 4. Do you know whether I was entitled to the privaleges of a native of the Cherokee nation after my marriage with Rachael Coody or do you where I lived.
Ans. I cannot say whether you ware entitled to the privaleges of the natives of the cherokee nation but believe you resided mostly on the south side of the Tennessee river.

Q 1st by Deft. was not the mother of Rachael Coody a white woman.
Ans. I always understood her as such.

2d. by same was It understood by you from the Knowledge you had with the customs of the Cherokee nations that a white woman marrying in the nation entitled her to the privalege of a native.
Ans. I never conceived that It did and further this Deponent sayeth not.
Thomas N. Clark

 

Copy of Exhibit F

Jas. G. Williams sub Agent for the United States for the Cherokee nation after being duly sworn the truth to speak Deposeth and sayeth that upon Examination of the register of Lifetime reservations I find Willy Tuten in right of his Daughter Two in family to include the place where he now lives opposite to the seven Islands in Tennessee May 25, 1818.

Q. by ptff. Agent is this certificate here presented signed by Col. Return J. Meigs.
Ans. It is.

Question. Are you acquainted with his hand writing and is he dead.
Ans. I am and he is Dead.

Q. Is this signature to this certificate of Wiley Tuten reservation.
Ans. It is.

Is Tutens name registered in on the List.
Ans. Lewis Rosss handright as also the body of the certificate of registration Lewis Rosss wrote.

Q. Was Lewis Ross at that time a clerk for old Meigs Indian agent.
Ans. He was.

Q. by agents Major Brown Did Wily Tuten register his name for any other reservation or at any other place.
Ans. He did not and further this Deponant sayeth not. 
Jas. G. Williams.

 

Wiley Tuten a Citizen of the United States having by honorable marriage connected himself with a native of the Cherokee nation and his said wife and his said wife having since Deceased Leaving one daughter in whose right said Wily Tuten has this day registered himself in the cherokee agents office for a section of Land conformably to a Treaty concluded between the United States and the Cherokee nation on the 8th day of July 1817 considering himself at the same time under the protection of the United States and aminable(?) to the Laws of the United States. Given under my hand and seal at the Cherokee agency this 25th day of May 1818.  Return J. Meigs.