1835 testimony about Chambers County land fraud   (Alabama)

Submitted by:  William N. Greer  GreersWest@aol.com

The original US Senate document also contained testimony pertaining to 
dealings in Mississippi and Louisiana, but I only obtained the portion 
pertaining to Chambers Co.  Thus, what I am sending you is NOT the entire US 
SENATE DOCUMENT # 151, 23d Congress, 2d Session.

23d Congress	[151]
2d Session

SENATE DOCUMENT # 151, 23d Congress, 2d Session

IN SENATE OF THE UNITED STATES.

//

March 3, 1835.

Read, and ordered to be printed; and that 5,000 extra copies be furnished for the use of the Senate.

Mr. Poindexter made the following

Report:

	The Committee on Public lands, to whom was referred sundry resolutions of the Senate, instructing the said
committee to inquire whether any fraudulent practices, to the injury of the public interest, had taken place in the sales
of the public lands at public or private sale, by means of combinations or companies of individuals interdicting by
unlawful means a fair competition between bidders for the public lands; and generally to inquire into the conduct of the
officers of the United States charged with superintending the sales of said lands, and of the agents appointed by the
President of the United States to locate Indian reservations, under the treaties with the Creek, Choctaw, and Chickasaw
tribes of Indians; and into the frauds, if any, which may have been committed in the purchase or sale of said reservations;
which committee, and the chairman thereof, were authorized by the said resolutions to send for persons and papers, and
grant commissions to take the depositions of witnesses whose attendance could not be had before the committee, have
proceeded, as far as practicable, to execute the duties assigned to them by the Senate, and beg leave to submit the
following report, in part:

	That the great extent of country over which the public lands are spread, and the numerous districts into which it has
been divided by law, for the convenience of the purchasers thereof at public or private sale, rendered the investigations
which the committee were instructed to make tedious and difficult, and in some cases impracticable; but every thing has
been done which vigilance and industry could effect to overcome these obstacles, and a volume of testimony has been
obtained, which is herewith presented to the Senate, subject to such order as the Senate may think proper to adopt in
relation to it. It appears by the reports of the commissioners appointed to take dispositions in several land districts, that
most of the persons who have been large purchasers of the public lands, in connexion with combinations or companies
of speculators, who were summoned to give testimony concerning the frauds practiced by such companies, have either
declined or positively refused to appear before the commissioners and testify. Hence the evidence is much more
imperfect than it would have been if these persons could have been compelled to obey the summons issued under the
authority of the Senate. Many of the speculators were persons filling high offices in the States in which the public lands
purchased by them are situated, and others possessing wealth and influence, all of whom naturally united to render this
investigation odious among the people; and in this manner influenced numerous witnesses to refuse their testimony to
facts within their knowledge, touching the matters into which the committee have been instructed to inquire.

	In some instances the commissioners were threatened with personal violence, to deter them from the performance
of their duties; and all who testified were denounced and put in fear by the powerful combinations whose conduct was
the subject of scrutiny. In the district of lands subject to sale at Chocchuma, in Mississippi, the life of a person, acting
as commissioner, was attempted; which however failed, and the assailant fell a victim to his own rash act. The committee
have adverted to these circumstances to show the causes, which have produced the delays in closing the examination of
the witnesses, and the means employed to prevent a full development of the frauds, which have so extensively prevailed
in certain quarters in the sales of the public lands, which have resulted to the great injury of the public interests, and of
the poor emigrant who desired to purchase a home for himself and family. The committee have withheld their report to
the latest period of the season, in the hope that all the evidence might be received, to enable them to bring the
investigation to a final determination; but in this they have been disappointed.

	Many of the commissioners have not returned the depositions taken by them, and therefore the report must necessarily
leave the subject open to the action of the next Congress. The committee do not propose to enter into a tedious detail
of the evidence before them, as it will accompany their report, and may be read and understood by all who desire to
inform themselves of the frauds which it discloses. They will barely present a summary of the general character of these
frauds, and recommend such remedies as may seem to be best adapted to the correction of them in future. It appears to
the committee that the present system of laws for the disposal of the lands of the United States is fully adequate to the
protection of the public interests and of private rights; and the only medium through which frauds of any kind can be
practiced, is in the mal-administration of the laws by the officers who are entrusted with the superintendence of the sales
of these lands. That all the mischiefs which have been so loudly complained of are to be traced to those whose duty it
is to execute the laws, the volume of evidence now submitted to the Senate fully proves. The first step necessary to the
success of every scheme of speculation in the public lands, is to corrupt the land officers, by a secret understanding
between the parties that they are to receive a certain proportion of the profits, and that point being gained, every difficulty
to the consummation of their plan of operations may be removed, without the hazard of detection.

	These officers hold their commissions at the will of the President of the United States; and for causes such as have
existed for several years past, and are believed now to exist, they ought in many districts to be removed from office; but
the facility with which they may participate in frauds of the greatest enormity without detection, acting ostensibly under
the name of another, and binding their associates to secrecy, and also the undue confidence often reposed in a political
favorite or personal friend by the Chief Magistrate, too frequently protect officers who violate the laws from punishment,
and thereby the public interests sustain injuries to an extent which cannot be accurately estimated. All these things have
occurred for the last three or four years in districts where the most atrocious and outrageous frauds have been committed,
as will abundantly appear by the testimony which accompanies this report. No officer has been removed for these causes;
but the most guilty among them have been reappointed from time to time, to retain their places and speculate on the
public property. These defects are not in the law, but in its administration; and the remedy, if any, must be found in future
legislation, applicable to the existing state of things.

	The committee have received but little evidence of frauds committed or tolerated by the land offices northwest of
the river Ohio. These may nevertheless exist; but as no strong representations have been made on the subject,
commissions for taking testimony have been sent only into the district of Zanesville, in Ohio. The evidence from that
quarter shows a few cases of favoritism in the entry of lands at private sale; and, at one time, the practice pretty generally
prevailed of making the land offices depositories of scrip, receivable in payment of the public lands, in which a system
of speculation was carried on by the several registers and receivers, in a manner and under circumstances deserving the
severest censure of the Government and the people. The late register at Zanesville was most deeply implicated in these
speculations and other mal-practices. He was rebuked by the Senate by the rejection of his nomination for reappointment;
and, with this exception, it is believed that the sales of the public lands in Ohio, Indiana, Illinois, Missouri, and the
Territory of Michigan, are fairly made according to law. The States of Alabama, Mississippi, and Louisiana, have been
the principal theatre of speculations and frauds in buying up the public lands, and dividing the most enormous profits
between the members of the different companies of speculators. The committee refer to the depositions of numerous
respectable witnesses to attest the various ramifications of these speculations and frauds, and the means by which they
have been carried into effect. That these depositions fall far short of the whole truth, on the subjects to which they relate,
the committee cannot doubt, from the refusal of the parties concerned to appear and testify before the commissioners,
or to answer interrogatories. From Alabama the testimony is yet incomplete, and much more may be expected prior to
the next session of Congress. It appears, however, that an organized band of speculators has been formed in that State,
with a large capital, on which immense purchases have been made of the public lands and Indian reservations in the tracts
of country lately ceded to the United States by the Creek, Choctaw and Chickasaw tribes of Indians. The first
proclamation of the President of the United States for the sales of the lands acquired from the Creek Indians, by the late
treaty with that tribe, was promulgated only four weeks before the sales took place; and, consequently, the inhabitants
of that country had no opportunity of procuring the necessary funds to purchase the small tracts of land which they had
settled and cultivated; nor, indeed, did they know, with a few exceptions, when or where the sales took place.

	It appears from the testimony of Magruder, one of the commissioners for locating the Indian reservations in that
country, that none but speculators attended those sales and made purchases, and that so great were the sacrifices made
in the sales for the want of bidders, that a single section was bid off at about eight hundred dollars by the agent of a
company, and sold off the next day for as many thousand dollars as it had cost the purchaser hundreds. This case is
selected as an example of what had occurred at these sales. The committee at the last session reported a bill to prohibit
sales under these short notices, which was passed into law, and therefore a like proceeding in favor of speculators cannot
again occur. In Mississippi the most extensive speculations and frauds have been practiced, and the committee proceed
to state the character of them under general heads, referring to the testimony for more enlarged specifications.

1. The Mount Salus Land Officers

	The register and receiver at this land office, Samuel Gwin and George P. Dameron, were notoriously engaged in
extensive speculations in the lands of the United States. In order to secure the most valuable tracts of land, of which they
became possessed of accurate information by their official stations, they marked every such tract with the letter S; so that
if any person wishing to purchase should apply for either of the tracts thus marked, the applicant was informed that the
tract was previously entered, and in this manner it remained unsold until they, or either of them, could make a suitable
profit by private sale, or found it convenient to pay the minimum price and obtain a final certificate of purchase. The
same practice was likewise adopted to favor particular individuals who were the friends or favorites of those officers,
and who had not the means to make prompt payment. It appears by the deposition of the present receiver in the said
district, Summeral, who is shown by the evidence to be an honest, upright man, and a faithful public officer, that at the
time he took possession of his office there were numerous tracts of land marked on the map with the letter S. which had
not been sold, and which have since been opened to entry at private sale. The number of tracts so marked is stated at
about two hundred.

	2. These officers were in the constant habit of selling the public lands to applicants on a credit, exacting from the
purchasers a separate note as a bonus or interest on the nominal amount of the purchase money, which they appropriated
to their own use, and signed a receipt to the purchaser only when the money and interest were paid, and in the mean time
the tract thus fraudulently sold was marked with the letter S, to prevent persons from making application to enter it. The
law requires that the lands of the United States should be sold for ready money only.

	3. These officers appear on the sale books to have become the purchasers of lands in their own names, contrary to
the express provisions of law.

	4. They stand charged, by the testimony of many witnesses, with gross partiality and favoritism between applicants
for the same tract of land, and with other devises highly vexatious to individuals who might incur their displeasure, and
injurious to the interests of the Government. How far these or like derelictions of duty, in violation of law, have taken
place in other districts in that State or elsewhere, will more fully appear by an inspection of the evidence. The committee,
however, deem it due to justice to state, that the present land officers at the Mount Salus district have done much to
reform the abuses previously existing there, and these offices are now conducted with strict honesty and legal propriety.

2. The Chocchuma District

	Samuel Gwin was transferred to this office, as register, from Mount Salus. The committee will not enter into the detail
of the profligate scenes which took place in this district at the sales which opened in October, 1833, and which have
continued to characterize the conduct of the register who controls the sales at private entry up to the present time. The
evidence portrays greater enormities at this office than is believed to have occurred at any time in any land district of
the United States. To this evidence the committee beg leave to refer the Senate. It appears that a very short time after
the sales opened united for the purpose of monopolizing all the good lands then offered at public sale, of overawing
bidders, and driving all competition out of the market. These objects were fully accomplished by certain articles of
agreement entered into between the respective companies, a part of which have been published by a principal partner
and agent of these companies. Among the extraordinary facts which the testimony discloses in relation to this
combination, are the following:

	1. That the agents of the company undertook to dictate terms to the actual settlers, and claim to themselves great
credit for having permitted each occupant to purchase, or to purchase themselves for him, on certain conditions, a tract
not exceeding one quarter section, at the minimum price of the Government, to include his improvements, provided each
settler should not bid at public sale for any other land. This privilege was granted by permission of the company of
speculators, and the agents were employed to carry the same into effect, which they accordingly did. All who refused
to enter into this arrangement, and they were but few, had no other alternative but to bid against the large capitalists, of
which the company was composed, and purchase his land at a high price; but the instant he submitted to the authority
of the company his improvements were secured to him at one dollar and twenty-five cents per acre. One of the agents
boasted that he had passed a pre-emption law in effect which had been rejected by Congress.

	Thus it will be seen that the laws were set at defiance; and a body of men, combined for the avowed purpose of
speculating on the government, were permitted by the officers superintending these sales to dictate terms to bidders, to
break down all competition, and even to arrogate to themselves the power of granting pre-emptions to actual settlers.
These facts are well calculated to excite the indignant feelings of the people of these States, and ought to claim the
serious consideration of Congress. The evidence further demonstrates that three-fourths of the valuable cotton lands sold
at Chocchuma in October, 1833, were purchased by agents of the speculators at one dollar and twenty-five cents per acre,
with the exception of a few tracts which were purchased at a higher rate. It further appears that the company established
an office in the vicinity of the register's office, at which they opened on each day a regular sale of the lands purchased
by them at public sale, and at this company sale all were permitted to bid who thought proper; but at the public sales the
company claimed and actually enforced a complete monopoly. All this was done in open day, and could not be unknown
to the officers of government, who superintended the sales, and who either connived at or participated in these fraudulent
transactions. For a specification of particular cases of violation of law, or manifest partiality on the part of the officers
charged with the solemn duty of guarding and protecting the interests of the United States, the committee refer to the
depositions on the files of the Senate.

	The committee perceive by the evidence that the same scenes were acted over at the sales which took place at
Columbus in the same year, and therefore decline entering into a detailed account of them. The Commissioner of the
General Land Office, in reply to a call of the Senate, made a report, by which it will be seen that all the lands sold in that
year at the offices of Chocchuma and Columbus were monopolized by the speculators, generally at the minimum price
of the government; and by the same report it appears that in one year the President of the United States caused to be
offered at public sale, in Mississippi alone, between seven and eight millions of acres, comprising the best lands in that
great cotton region. The committee are of opinion that this quantity of land thrown into the market within so short a
period of time, is unprecedented in the history of this Government, and is highly prejudicial to the public interests.

	It must be obvious to every one acquainted with the progress which has been made in the sales of the public lands,
that the tide of emigration into any one of the new States, and especially the southern States, would not require the
quantity of land for cultivation, which has been put in market by order of the President, in Mississippi, for the period of
fifteen or twenty years. The result is inevitable. A small portion of the lands thus offered will be sold at public sale, where
competition might be expected; and immediately after the sales are closed, this vast body of land, consisting of millions
of acres, will become subject to entry at the minimum price. Companies of speculators, with an almost unbounded capital,
will forthwith employ agents to explore the lands remaining unsold, and every valuable spot will be entered, at the very
inadequate price of one dollar and twenty-five cents per care. The sterile lands alone will remain subject to entry by the
emigrating population at the land offices, while all the good lands will be held by companies, who cannot be induced
to part with them, except at a price at least equivalent to their actual value. In this manner the Government has already
sustained heavy losses, the extent of which it is difficult to ascertain; the emigrant is thrown on the mercy of the
speculator, and the actual cultivation of the waste lands retarded to an indefinite period of time. The committee forbear
to enlarge on the numerous interesting facts brought to light by the investigation with which they have been charged; they
content themselves with having made the foregoing summary, and herewith report a bill, providing, as far as practicable,
against a recurrence of similar frauds and combinations in the sales of the public lands. The committee, furthermore,
deeming the conduct of the officers charged with superintending the sales of the public lands a fit subject for the
consideration and action of the chief magistrate, beg leave to submit the following resolution:

	Resolved, That the evidence taken under the authority of the Senate, by the Committee on Public Lands, in relation
to the conduct of registers and receivers, and frauds alleged to have been committed in the sales of the public lands, be
respectfully referred to the President of the United States.

THE STATE OF ALABAMA.

Chambers county.

	At the office of George D. Hooper, a justice of the peace in and for the said county, on the 24th January, 1835,
appeared Nathaniel H. Greer, Esq., a commissioner appointed by a Committee of Public Lands of the Senate of the
United States, to take depositions concerning frauds in the sales of the public lands, and the conduct of the officers
authorized by law to superintend these sales; and also concerning the matters referred to in a resolution of the Senate of
June 30th, 1834, instructing said committee; who proceeded (in pursuance of said commission) to propound
interrogatories and take depositions in an alleged case of fraud in the location of public lands within the county of
Chambers.

	The case of See-tar-ne, an Indian girl, alleged to have been fraudulently located on the south half of section
twenty-four, and township twenty-three, and range twenty-seven, of the district of lands subject to sale at Montgomery:
location made by Dr. Magruder.

Interrogatories propounded to Micajah Williamson, a material witness in the above case.

Interrogatory 1. Do you know the parties?

Answer. I know See-tarne; not Magruder.

Interrogatory 2. Relate what you know concerning See-tar-ne's location, tending to show any fraud in the same at
the time of the treaty.

Answer. See-tar-ne, she was to all appearance about twelve years of age only, without a family, and living with her
parents, and unmarried, and the only child, as far as I know, of her parents.

---Micajah Williamson.

Sworn to and subscribed before me.
George D. Hooper,
Justice of the Peace in and for Chambers county aforesaid.

Interrogatories propounded to Joseph Irwin, a witness in the same case.

Interrogatory 1. Do you know See-tar-ne?

Answer 1. I do.

Interrogatory 2. Do you know Dr. Magruder?

Answer 2. I have seen him.

Interrogatory 3. Do you know anything tending to show fraud in See-tar-ne's location by the said Magruder? If yea,
relate what you know.

Answer 3. I do not know that; what I know tends that way. I have known See-tar-ne from the latter part of the year
1831 till this time. I would not suppose her more than eleven or twelve years of age at the time of the treaty. She was
certainly then childless and unmarried. I had a conversation with Sar-tar-ne's father, an Indian, named Ziki (sometimes
called Old Jack,) in the summer of 1833; and he in that conversation told me, that in consequence of a suggestion of old
Nimrod Doyle, and Indian countyman, made after the treaty, she (his daughter) had taken up with a white man named
Pannel, as a husband, in order to become entitled under the treaty as a head of a family. She is still childless. I do not
know certainly that Magruder located her. I suppose so from my recollection, and was present at the location.

---Joseph S. Irwin.

Sworn to and subscribed before me.
George D. Hooper,
Justice of the Peace in and for Chambers county.

Interrogatories propounded to Ezekial Taylor, a witness in the same case.

Interrogatory 1. Do you know the parties?

Answer 1. I know See-tarne, and have seen Magruder acting as locating agent.

Interrogatory 2. Do you know anything tending to show fraud in See-tar-ne's location? If yea, relate what you know.

Answer 2. I suppose the facts I know tend that way. She was living with her parents at the time of the treaty, childless,
unmarried, and according to the best of my observation about twelve or thirteen years old only. I know that Magruder
located her, being an eye-witness of the fact.

---Ezekiel Taylor.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for said county.

Interrogatories propounded to Leroy McCoy, a witness in the same case:

Interrogatory 1. Do you know the parties?

Answer 1. I know See-tarne only.

Interrogatory 2. Do you know any circumstances showing fraud in her location? If yea, relate what you know.

Answer 2. I could only say I knew her some months after the treaty, and think she must have been under the age of
twenty-one, and was without a family, and her father's only child.
Two of the purchasers said to me they had no doubt the location was a fraud, but they did not think that that would
injure them; they had nothing to fear in the matter, being purchasers. These were Ethan Stroud and Doyle.

---Leroy McCoy.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for said county.

THE STATE OF ALABAMA, Chambers county.

I, Joseph J. Williams, clerk of the county court of Chambers county, do hereby certify that George D. Hooper, whose
name is attached to the foregoing certificates of attestation, is a justice of the peace in and for said country, duly elected,
commissioned, and sworn; and that full faith and credit are to be attached to all his acts as such.

Witness my hand and private seal (there being no seal of office yet provided by law) this 24th January, 1835.

---Jos. J. Williams, Clerk.

THE STATE OF ALABAMA, Chambers county.

The undersigned, Wm. H. House, clerk of the circuit court of Chambers country, Joseph J. Williams, clerk of the county
court of said county, and Willis Kellam, deputy sheriff of said county, do certify, that we have been for some time
acquainted with Micajah Williamson, Joseph Irwin, and Ezekiel Taylor, and Leroy McCoy, witnesses in the above case
of See-tar-ne, and that they are respectable and credible witnesses.

---Jos. J. Williams, Clerk.
---William H. House, Clerk C. C.
---Willis Kellam.

THE STATE OF ALABAMA, Chambers county.

	At the office of George D. Hooper, on the 24th January, 1835, Nathaniel H. Greer, commissioner, &c., continuing
his investigation of frauds, proceeded to (No. 2) the case of Poeth Hadjo, an Indian located on the west half of section
thirteen, township twenty-three, and range twenty-seven, and alleged to have been located fraudulently by Doctor
Magruder.

Interrogatories propounded to Ezekiel Taylor, a witness in the above case.

Interrogatory 1. Do you know the Indian Chocolicho, or Augusta, or Poeth Hadjo?

Answer. I know Augusta. I suppose Chocolicho and Poeth Hadjo to be his Indian names.

Interrogatory 2. Do you know any circumstances showing fraud in this location? If yes, relate what they are.

Answer. At the time of the Creek treaty Augusta lived on Osalija creek, three or four miles from where he was
located; he farmed it, and lived on this place of residence on Osalija, and had a house thereon. If there was any other
family living thereon, I do not know.

---Ezekiel Taylor.

Sworn to and subscribed before me.
George D. Hooper,
Justice of the Peace in and for said county.

Interrogatories propounded to Obadiah Harriss, a witness in the same case.

Interrogatory 1. Do you know Augusta, and his Indian names?

Answer. I do know him; but only by his English name, Augusta.

Interrogatory 2. Were you present at a conversation with him in which he was asked his Indian names?

Answer. I was present when Joseph Irwin asked him his Indian names; but I do not recollect what he said were his
Indian names.

Interrogatory 3. Do you know where he lived at the time of the treaty?

Answer. He lived on section (6) six of township twenty-three, and range twenty-seven, where he lives now.

Interrogatory 4. Did ever you have any conversation with the purchaser of the located land Augusta's reservation?

Answer. I had a conversation with Maddox, the purchaser. He observed that when he bought the reserve he expected
to get the place Augusta had formerly lived on, on the Weadka, where Angus creek runs into it; but on looking on it and
finding it poor he would not have it; and having bought it from both Augusta and his son, and finding that all the good
land at his then place of residence (on No. 6) could be embraced by one half section properly run, said he, the son will
take that, and the old man Augus will float.

Interrogatory 5. What was the age and name of the son?

Answer. At the time of the treaty, from his looks, he was about between 12 and 16, and has no family yet. He says
his name is To-messa.

---Obadiah Harriss.

Sworn to and subscribed before me.
GEORGE D. HOOPER,
A Justice of the Peace in and for said county.

Interrogatories propounded to Joseph Irwin, a witness in the same case.

Interrogatory 1. Do you know Augusta and his names?

Answer. I do know him. I asked him if his name was not Poeth Hadjo. He said he had been called so; but had given
it up because a Tallapoosa Indian had the same name, and had taken the name Chocolicho.

Interrogatory 2. What know you of any fruad by his location?

Answer. He lived on number 6 spoken of in Obadiah Harriss's testimony, and was located on the west half of thirteen,
spoken of in the same testimony.

---Joseph Irwin.

Sworn to and subscribed before me.
George D. Hooper,
Justice of the Peace in and for said county.

The examination being continued

January 25th, 1834, Benjamin Posey appeared and gave evidence as folows, in the case of Augusta, alias Chocolicho,
or Poeth Hadjo.

Interrogatory 1. Do you know the Indian Agusta, or Chocolicho or Hadjo?

Answer. I do know him by two of the above names, Augusta and Poeth-Hadjo.

Interrogatory 2. Do you know by whom he was located?

Answer. He was located by Blake and Magruder.

Interrogatory 3. Relate what you know going to show fraud in the above case.

Answer. I have known said Indian for the last seven years, or thereabouts; and at the time of the treaty he was living
on number six, in township twenty-three, and range twenty seven, and there was no other Indian living on said section
but his own family; and the above named Indian Augusta, alias Chocolicho, or Poeth Hadjo, was located on section No.
13, in the township and range aforesaid, and his son To-missee, located on No. 6 aforesaid, who cannot be more than
14 or 16 years old at this time; he has no family now, nor ever has had.

---Benjamin Posey, his X mark.

Sworn to and subscribed before me.
George D. Hooper,
Justice of the Peace in and for said county.

THE STATE OF ALABAMA, Chambers county.

	I, William H. House, clerk of the circuit court in and for the county of Chambers aforesaid, do hereby certify that
Ezekiel Taylor, Obadah Harriss, Joseph Irwin and Benjamin Posey, witnesses aforementioned, are respectable and
creditable members of the community in which they live.

	Given under my hand and private seal, there being no seal of office yet provided this 26th January, 1835.

---William H. House [L. S.]

                           January 26.

	The examination being continued, Frederick T. Boazman appeared and after being duly sworn true answers to make
to such interrogatories as should be propounded to him by Nathaniel H. Greer, commissioner, answers as follows, in a
case (No. 3) of alleged fraud by the location of a certain Indian called SUCIE or JACK, on the south half of section
twenty-seven, in township twenty-three, and range twenty-eight.

Interrogatory 1. Do you know the said Indian Sucie or Jack?

Answer 1. I do.

Interrogatory 2. What do you know going to show the illegality of said location?

Answer 2. I do not know of his having any family, or ever had; I now live within half a mile of him, and have for the
last twelve months and upwards, and if he had have had any family I should certainly have known it.

Interrogatory 3. From what part of their duties that has come under my personal observation, I believe their
proceedings to have been corrupt.

---F. T. Boazman.

The above witness being duly sworn, deposes to the truth of the above answers, and subscribes before me.
George D. Hooper,
Justice of the Peace in and for said county.

Interrogatories propounded to Mark Hudspeth, in the same.

Interrogatory 1. Do you know the statements made by Frederick T. Boazman to be correct?

Answer. I do.

Interrogatory 2. Do you know anything further going top show fraud in said location?

Answer. 2. I, at the request of Gideon Arthur, a white man, having an Indian family, examined the locating agent's
list for the names of the said Indian Sucie or Jack, and it was not to be found on said list; and on my informing him of
those facts, he stated that he should have given them names, as it was the only chance to get them land, and that other
persons pursued that course. The witness further states that the said Arthur told him that if he could obtain land for said
Indian he was to have half of it.

---Mark Hudspeth.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for said county.

Interrogatories propounded to Benjamin F. Brooks, in the same case.

Interrogatory 1. Do you know the said Indian Sucie or Jack, located on the forementioned half section, and do you
know the persons that located him?

Answer 1. I do know Sucie or Jack, and I also know the persons who located him.

Interrogatory 2. What do you know in relation to said locations going to show fraud?

Answer 2. I was present when the location was made by Blake and Dr. Magruder, and if he has any family it is
unknown to me; and I live in a mile and a half or two miles of him, the said Indian, and I have frequently been in his
company and at his place of residence.

---Benjamin F. Brooks.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for Chambers county, Ala.

Interrogatories propounded to Jackson Jones, a witness in the same case.

Interrogatory 1. Do you know the said Indian Sucie or Jack, and do you know by whom he was located?

Answer. I do know the Indian, but I do not know by whom he was located.

Interrogatory 2. What do you know going to show that the said Indian was not entitled to land, or to that particular
place under the Creek treaty of March, 1832?

Answer 2. I live in one mile of said Indian, and if he has any family I do not know it; the said Indian came to where
he now lives in the latter part of the year 1832, or the forepart of the year 1833; and Gideon Arthur, the white man living
with said Indian, informed me that he was a Uchee, and came from the river Oakmulgee, in Georgia.

Interrogatory 3. What do you believe, from your personal knowledge, has been the course purpused by the agents
locating this part of the Creek purchase?

Answer 3. I believe the course they have pursued to have been an improper one.

---Jackson Jones.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for said county.

THE STATE OF ALABAMA, Chambers county.

	At G. D. Hooper's office, on the 29th January, 1835, the commissioner proceeded to the examination of John
Patteson, a witness in the case of the alleged fraud in the location of Sucie or Jack.

Interrogatories propounded to the said John Patteson, with his answers thereto.

Interrogatory 1. Know you of any circumstances tending to show fraud in this location? If yea, please to relate them.

Answer. If he had been in the Creek nation at the time of the treaty I should have known it, and I am confident he was
not; nor have I any idea he ever had been in the nation before; and my reason is that Gideon Arthur, (before Jack came,)
about a year after the treaty, told me he was going to get Indians, not living in the nation, but in Pulaski county, Georgia,
where he said his Indians lived. He said he was going to get them in order to have them located under the Creek treaty.
It is understood that he profits by his Indians; but he did not tell me so. After this conversation he brought Jack and
others, sure enough all of the Uchee tribe as said, and tried to establish them on my land, but I would not allow him.

Interrogatory 2. Does any pre-emption right exist on this land, or part of it; supposing no location?

Answer. There does. Mr. Rhodes has a right of pre-emption thereon.

---John Patteson.

Sworn to and subscribed before me.
George D. Hooper,
Justice of the Peace in and for said county.

THE STATE OF ALABAMA, Chambers county.

	At George D. Hooper's office, this 27th January, 1835, Nathaniel H. Greer, commissioner, &c., continuing his
investigation, proceeded to an alledged fraud in (No. 4) the case of Thomas N. Berryhill, a citizen of Georgia, as
alledged, located on the east half of section thirty, township twenty-three, and range twenty-seven of the district of lands
subject to sale at Montgomery. Magruder the supposed locating agent.

Interrogatories propounded to Colonel William Towles, formerly a member of the House of Representatives of the
General Assembly of Georgia, a witness in the above case, with his answers thereto.

Interrogatory 1. Are you acquainted with any circumstances tending to show fraud in the above location? If yes,
please relate them particularly.

Answer 1. I am acquainted with Berryhill and his reputed mother, and have been these ten years. His reputed mother
is a native of Georgia, and so is Berryhill. I have no more doubt of the relation of mother and son existing in this than
in the cases of my ordinary acquaintancy. The mother removed into this State about two years ago. Berryhill is not the
head of an Indian family. He drew, as a citizen of Georgia, a gold lot in her lottery. At an election in Stewart county,
Georgia, last October, (1834,) where he was voting as a citizen of Georgia, I conversed with him, and he told me that
he knew he was not entitled to a location under the Creek treaty, being the son of a white woman and the husband of
another, and the father of white children, and his family then living in that county.

Interrogatory 2. State, if you know, whether any pre-emption right exists on Berryhill's reserve?

Answer 2. There does agreeably to law. I myself would certainly have been entitled but for the above fraud, as I can
fully prove.

Interrogatory 3. What is the general course, from your personal knowledge, by locating agents?

Answer 3. I feel obligated to say, that in the best of my judgement the provisions of the treaty have frequently been
violated.

---W. Towles.

Sworn to and subscribed before me.
George D. Hooper,
Justice of the Peace in and for said county.

Interrogatories propounded to Wm. H. House, a witness in the above case, with his answers thereto.

Interrogatory 1. Do you know any circumstances tending to show fraud in this case? If yea, please to state them.

Answer 1. He is not now, nor was at the time of the Creek treaty, the head of a family in this county or State. He has
been in this country but as a transient person apparently. His mother apparently is a white woman. He came into the
Creek nation some time after the treaty some months afterwards and remained until a week or ten days after his location
was certified, and then returned to his Georgia family, where I understand he now lives. I was present on one occasion
in this country when Whitaker refused him a location, sometime early in January last (1834.) I understand Magruder
afterwards located him.

Interrogatory 2. What has been the general course, from your personal observation, of the locating agents?

Answer 2. I feel confident that there have been numerous violations of the treaty.

---William H. House.

Sworn to and subscribed before me.
George D. Hooper,
Justice of the Peace in and for said county.

	I do certify that I am acquainted with Col. William Towels [sic] and William H. House, clerk of the circuit court of
this county, and feel no hesitancy in stating that every credibility should be given to their testimony to which any
individual should be entitled in this State, this 27th January, 1835.

---Nathaniel H. Greer, Com.

	I do certify that I am acquainted with Col. William Towles, and William H. House, clerk of the circuit court of this
county, and feel no hesitancy in stating that every credibility should be given to their testimony to which any individual
should be entitled in this State, this 27th January, 1835.

---Joseph Neel.
Assessor and Collector of Taxes.

	The commissioner then proceeded to the investigation of an alledged fraud in the (No. 5) case of Jackson Doyle, a
Creek Indian (half-breed,) alledged to have been fraudulently located on the east half of section twenty-one, township
twenty-three, and range twenty-seven of the district of lands subject to sale at Montgomery.

Interrogatories propounded to Wm. H. House, a witness in the above case, with his answers thereto.

Interrogatory 1. Know you of any circumstances tending to show fraud in the above case? If yea, please to state what
they are with particularity.

Answer. I know that he could not have been more than sixteen, or at the utmost seventeen years of age at the time
of the treaty, having known him nine or ten years; and he had not then, nor has he now, any family, being unmarried then,
and now, and living with his father then and now. He was not the head of a family at the period of the treaty.

---William H. House.

Sworn to and subscribed before me.
George D. Hooper,
Justice of the Peace in and for said county.

Interrogatories propounded to Col. Wm. Towles, a witness in this case, with his answers thereto.

Interrogatory 1. Know you of any circumstances tending to show fraud in the above case? If yea, please to state what
they are with particularity.

Answer. I knew Jackson Doyle some few months after the treaty: from my knowledge of him, I think he could not
have been at the time of the treaty more than seventeen years of age. He was not when I became acquainted with him,
nor is he now the head of a family.

---Wm. Towles.

Sworn to and subscribed before me.
George D. Hooper,
Justice of the Peace in and for said county.

	I do certify that I have been acquainted with the above named Indian Jackson Doyle for the last 6 or 7 years, and
know the above statements made by Wm. H. House and Wm. Towles to be true. 27th January, 1835.

---Nathaniel H. Greer, Com.

Wm Towles and Wm. H. House being the witnesses in the case of Berryhill, additional certificates of character are
deemed unnecessary.

The commissioner next proceeded to the (No. 6) case of Muscoge, a Creek Indian girl, alledged to have fraudulently
located on the east half of section thirteen, township twenty-three, and range twenty-seven of the district of lands subject
to sale at Montgomery.

Interrogatories propounded to Wm. H. House, a witness in the above case, with his answers thereto.

Interrogatory 1. Know you of any circumstances showing fraud in this case? If yes, state them.

Answer. Muscoge Doyle (daughter of Nimrod Doyle, and sister of Jackson Doyle) has been known to me nine or ten
years; and at the time of the treaty could not have been more than eleven or twelve years old, according to my
observation; was without children, and was not at the passage of the treaty, nor is she now the head of a family. She still
lives with her father.

---William H. House.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for said county.

February 5, 1835.

THE STATE OF ALABAMA, Chambers county.

Interrogatory propounded to John Free in the same case.

Interrogatory. Know you of any circumstances going to show fraud in this case?

Answer. I know that she, Muscoge Doyle, is manifestly a minor, lived with her father at the time of the treaty, and
lives with him yet. Witness further states that John A. Hurst is deprived of the right of pre-emption by this alledged fraud.

---John S. Free.

THE STATE OF ALABAMA, Chambers county.

At the town of Lafayette, in said county, January the 28th, 1834, the examination being continued by Nathaniel H.
Greer, commissioner, who proceeded to receive testimony in relation to an alleged fraud in the location of section (6)
six, in township (21) twenty-one, and range (27) twenty-seven, of the district of lands subject to sale at Montgomery.

Interrogatories propounded to Thomas K. Smith, a witness in the above stated case, (7) and his answers thereto.

Interrogatory 1. Know you of any circumstances concerning the above stated case going to show fraud? If yes, please
state what they are.

Answer. On the 17th day of December, 1833, I was present at a collection of Indians by John H. Broadnax, locating
agent, for the purpose of locating them, when Neaththlocco appeared as the claimant of the west half of the above
described section, and was located on it by the said John H. Broadnax. Witness further states that the said Neaththlocco
was all the Indian having a hut on said half section, and he further states that at this time the section appears to be divided
differently, say east and west, and an Indian located on each half; and the said Neaththlocco removed to a place much
inferior, and the said 17th day above alluded to was all the day that he the agent was ever known by me to be publicly
locating in that town, Tuckebatchehargos.

Interrogatory 2. What further do you know going to show improper conduct by the said John H. Broadnax?

Answer. I know that he located Arteshargo and Arpekartustenugga on section 12, in township 21, and range 28, in
the district of lands subject to sale at Montogomery, and in his return it was shown to be public land; and on my arrival
at Montgomery, at the land sales, was informed by Colonel William Dougherty that Broadnax had given him the number
of said section, and advised him to purchase it.

Interrogatory 3. Please relate the conversation that took place between yourself and Colonel Abert, at Montgomery,
at the above stated time.

Answer. I entered into a conversation with Colonel Abert, and stated to him that his sub-agents had acted corruptly,
or Broadnax had, and that I had the evidence in my pocket to prove the fact, and dared him to go into an investigation
of his conduct. I then named the section of land above alluded to, and the half section first mentioned, and stated to him
that the section had been returned as public land, and the legal location removed off the half section. He stated that
Arteshargo and Arpekartustenugga was located on section 12, for he himself had put them there. This conversation took
place in the evening, and on the next morning when the office opened I went in and found it was not the fact. I stated to
the officer that section 12 was located on, for I saw it done; he stated that it was not so returned by Col. Abert, and that
when he came to it he should proceed to sell it. I left the office, and soon after come in conversation with some
gentlemen, that had heard the conversation the over evening between myself and Col. Abert, and stated to them the facts,
and was speaking quite loud when the colonel made his appearance, but appeared disposed to pass on without an
interview, when I pursued him and stated to him what was the result of my inquiry. He stated that if it was not returned
as located it should be. I stated to him that I would not believe it until I saw it; he went into the office and I pursued him,
and he made the alteration. The witness further states that since the time of this proceeding he, John H. Broadnax,
acknowledged he was then a partner of Ant. M. Thornton & Co., who were the purchasers of said land, section twelve;
but had found Nat. M. Thornton to be such a rascal that he had withdrawn from the company.

---Thomas K. Smith.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for said county.

Interrogatories propounded to Caleb Hallaway in the same case, with the answers thereto annexed.

Interrogatory 1. What do you know going to show fraud in relation to the location on No. 6, in township 21, and range
27?

Answer. I was present sometime in December, when John H. Broadnax was locating the Indians belonging to the
town of Tuckebatchehargos; and there was an investigation gone into relative to the place Neaththlocco was entitled to,
and it was made appear that he was entitled to the west half of No. 6, in township 21, and range 27, and was located on
it by the said John H. Broadnax: and he is now removed on the west half of No. 1, in township 21, and range 26, and his
first location is now assigned to other Indians, and located to N. M. Thompson & Co.

Interrogatory 2. Relate what you know in relation to the location on No. 12, in township 21, and range 26.

Answer. I know that at the time above referred to Artshargo and Arpekartustenugga was located by John H. Broadnax
on section 12 in township 21, and range 26.

---Caleb Hallaway.

Sworn to and subscribed before me.
G. D. Hooper, J. P.

Interrogatory propounded to William T. Moss, this 2d February, 1835, in the above case, with his answers thereto.

Interrogatory. What know you showing fraud in this case?

Answer. Why Neathlocco before the location claimed the half section on which I lived last year, and said he built
the house. I moved this house in 1832. This half section was the west half of section six, township twenty-one, and range
twenty-seven.

---William T. Moss.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for said county.

I, Nathan H. Greer, commissioner, continuing to investigate the frauds practiced by the locating agents, proceeded
to examine William Morris in the location (No. 8) of Kissy or Kizy, located on the west half of section 10, in township
22, and range 27.

Interrogatory 1. What do you know going to show fraud in relation to the above stated case?

Answer. General report says that she is one of the wives of Peter Reid, and I know that Peter Reid is located himself
from the locating office books, as I have seen the map whereon was his location; and she, the said Kissy or Kizy, at the
time of the treaty, lived with her mother and had no children.

Interrogatory 2. Is there any person in case of a removal of said location entitled to a pre-emption on said land?

Answer. Greenberry Gresham was the settler on said location when whom the pre-emption act would embrace.

---William Morris.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for said county of Chambers, &c.

Interrogatories propounded to Joseph Neel, a witness in the above case, with his answers thereto.

Interrogatory 1. Know you of any circumstances showing fraud in the above case? If yea, please state them.

Answer. I knew Kissy at the time of the treaty. She was then one of the wives of Peter Reid, but without a child or
children. Peter Reid had a reserve assigned to him. Kissy, at the time of the treaty, was living with her mother. Reid had
another wife by whom he had children.

Interrogatory 2. Does any pre-emption right exist to this land, supposing this location not to have been made?

Answer. Yes, Greenberry Gresham would be entitled.

Interrogatory 3. State if you please, your opinion of the course of the locating agents generally, so far as that opinion
is derived from personal knowledge.

Answer. I consider that the treaty has been frequently violated by them.

Interrogatory 4. Was the half section on which Kissy was located bought previous to the location; and by whom?

Answer. It was; and by William and Phipps, for the Columbus company.

Interrogatory 5. What mean you by the half section being bought previously to the location? Was this particular half
section bought?

Answer. I mean that a contract was made for her land. When the agreement was made she expected another half
section; having, after the treaty, built a house and resided in it on the east of seventeen. She resided in it some weeks or
days, I don't recollect exactly how long.

---Joseph Neel.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for Chambers county, Alabama.

STATE OF ALABAMA, Chambers county.

The examination being continued, Nathaniel H. Greer, commissioner, &c., proceeded to take testimony in case of
an alledged fraud located by Orrin Whitaker, on the west half of section 10, in township 22, and range 27, in the district
of lands subject to sale at Montgomery.

Interrogatories propounded to Baxter Taylor, and his answers thereunto annexed.

Interrogatory 1. Relate what you know in relation to the above location going to show fraud, or any acts of the agent
contrary to the treaty with the Creeks, of March, 1832.

Answer. I call the name of the woman located there Kissy. She was said to be the wife of Peter Reid one of them at
least. She was located on the west half of 10 above spoken of. I can say further that she was located on the tract on which
Greenberry Gresham lived, and to which he had a pre-emption right but for this location, and that Gresham interfered
with no man. I mean that he settled where his claim was not likely to conflict with any other person, Indian or white. This
woman, Kissy, has had no children. I know she was certified to this place. Peter Reid had another wife. He and his two
wives were all located; each had a reserve.

---Baxter Taylor.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for Chambers county, Alabama.

STATE OF ALABAMA, Chambers county.

The examinations being continued by Nathaniel H. Greer, commissioner, &c., in the case (No. 9) of an alledged fraud
practiced by Dr. Magruder, on fractional section 31, in township 22, and range 29, assigned to Mary, an Indian girl, alias
Somthicky, this 29th day of January, 1835.

Interrogatories propounded to Elisha Ray, a witness in the above case.

Intertogatory 1. What do you know going to show fraud in the above case? If any, please state what it is, and by
whom practiced.

Answer 1. I can't say by whom located, as I was not present at the time her place was assigned to her, but I saw her
name on the list of Dr. Magruder.

The witness further states, that at the time of the treaty the said Mary, alias Somthicky, was living with William More,
an Indian countryman, and said by him to be an orphan girl, and had no family at the time of the treaty, and I supposed
was between seventeen and twenty years of age; I would most reasonably suppose seventeen years old. The witness
further states that she had no separate or established home, save that of the house of William More. The witness further
states, that he made an affidavit with others, and handed it out of his own hands to Dr. Magruder, stating that the above
named girl was not entitled agreeably to the treaty. Dr. McGruder stated that he had a distinct recollection of a
conversation with him on the subject, and that he would bear the papers to Colonel Abert and have it attended to.

Interrogatory 2. Do you believe, agreeably to your own personal knowledge of the conduct of the locating agents,
that they have acted in accordance with the treaty?

Answer. I do not.

---Elisha Ray.

STATE OF ALABAMA, Chambers county.

I, James Thompson, Judge of the County Court of said county, do certify that Elisha Ray did this day personally
appear before me, and subscribe and swear that the facts set forth in the foregoing page are true, to the best of his
knowledge. Given under my hand and seal this 29th day of January, 1835.

---James Thompson [SEAL]

Interrogatory propounded to Sandford Thornton, Esq., a witness in the same case.

Interrogatory 1. Do you know any thing in relation to this case going to show fraud, or any management in relation
to it not in strict compliance with the treaty?

Answer 1. To the best of my knowledge the said girl, Mary, alias Somihicky, at the time of the treaty was living with
William More, and had no family.

The witness further states that he is of the opinion that she was located by Dr. Magruder. The witness further states
that Captain Ray, Mr. John Howard, and George Harper, made affidavits before me, then an acting justice of the peace
for said county, to the illegality of the said location; and witness further states that he was present when the above
affidavits were received by Colonel Abert, together with another setting forth the illegality of a location allowed to
William More's little son; probably he might not have received them all at the same time; and he observed that he did
not know what the devil the white people need to care, for the government in the treaty had gave them so much land, and
he did not see why the white people should interfere.

Sworn to and subscribed before me this 29th January, 1835.
---Sandford Thornton.

STATE OF ALABAMA, Chambers county.

On this 29th day of January, 1835, Sandford Thornton personally appeared before me, James Thompson, Judge of
the County Court of said county, and subscribed the above page, and make oath that the facts therein stated are true, to
the best of his knowledge.

Given under my hand and seal.
---James Thompson [SEAL]

Interrogatory further propounded to Captain Elisha Ray, in the same case.

Interrogatory 3. Did you ever have a conversation with Dr. McHenry, the certifying agent in the above case? If yea,
please relate what it was.

Answer. I did have a conversation with him, and asked him if I was to file the affidavit of some five or six witnesses
in his office, setting forth the illegality of the location, if he would certify to it; and he told me that he would; that he had
received no instructions not to do so.

---Elisha Ray.

THE STATE OF ALABAMA, Chambers county.

I, James Thompson, Judge of the County Court of said county, do certify that Elisha Ray did this day personally
appear before me, and subscribe and swear that the facts set forth in the foregoing page are true, to the best of his
knowledge.

Given under my hand and seal this 29th day of January, 1835.
---James Thompson [SEAL]

Interrogatories propounded to John Howard, in the same case, to wit, the location on fractional section 31, in
township 22, and range 29, in the district of lands subject to sale at Montgomery.

Answer. I know that the said girl, Mary, alias Somihicky, who was located on the above named place at the time of
the treaty, was living with William More, and had no family or home for by the house of said More.

The witness further states that he filed an affidavit before Sandford Thornton, Esq., setting forth the illegality in the
above case of the same testimony alluded to by Capt. Ray, the first witness in this case.

---John Howard.

THE STATE OF ALABAMA, Chambers county.

I, James Thompson, Judge of the County Court of said county, do certify that on this 29th day of January, 1835, John
Howard did sign his name to the foregoing page, and swear that the facts therein stated are true, to the best of his
knowledge.

Given under my hand and seal.
---James Thompson [SEAL]

Interrogatory propounded to George Harper, a witness in the same case of Mary.

Interrogatory. Did you call on Dr. McHenry, the certifying agent in this case, for the name of the Indian located?

Answer. I did call on him for the name, and he refused to give it to me, and stated to me that his books were not
convenient, although it was at his place of residence, and the place at which he generally does business.

Sworn and subscribed before me this 29th January, 1835.
---George Harper, his x mark.

THE STATE OF ALABAMA, Chambers county.

I, James Thompson, Judge of the County Court of said county, do certify that George Harper did on this day
personally appear before me, and subscribe his name to the foregoing part of page, and swear that the facts therein stated
are true, to the best of his knowledge.

Given under my hand and seal, this 29th day of January, 1835.
---James Thompson [SEAL]

Interrogatories propounded to John Patterson, a witness in the case (No. 10) of an alledged fraud in relation to a
location on the east half of section No. 3, in township 22, and range 28, located to Sowieka or Peggy, said to be an Uchee
woman.

Intertogatory 1st. What do you know going to show fraud in the above location?

Answer. I know that she, Sowieka or Peggy, came into the settlement in which she was located between the 8th and
10th of January, 1833, said to have come from the Oakmulgee river, in Georgia, by the white man, Gideon Arthur, who
brought her here, and she has no children that I know of; and she has lived in the house with the said Arthur since she
has been in this settlement, so far as I know.

Interrogatory 2. By this location will any person lose the right of pre-emption?

Answer, They will.

---John Patterson.

THE STATE OF ALABAMA, Chambers county.

I, James Thompson, Judge of the County Court of said county, do certify that on this 29th day of January, 1835, John
Patterson did sign his name above and swear that the facts contained in the foregoing two parts of pages are true, to the
best of his knowledge. Given under my hand and seal.

---James Thompson [SEAL]

Interrogatory propounded to David Neel in the same case.

Interrogatory 1. What do you know going to show any fraudulent transactions in this case?

Answer 1. That I do not know so well how to answer the question as in the instructions of the locating agents that
were shown to me at West Point, Georgia, on which I had a conversation with Doctor Magruder, stating to him that those
instructions and the treaty seemed to me not to corroborate; he stated that they were going by the instructions. But it was
then my opinion, and is yet, that the instructions and the treaty do differ. But in relation to the above case, I know her
as Peggy, or Sowieka, and the first time I ever saw her in this settlement or county was on the last of December, 1832,
or first of January, 1833. She had a child, which she appeared to claim, but whether it was hers or not I cannot say; and
Arthur, a white man who appeared to have the control of her and others, said that they were Uchee Indians, and that he
had brought them from the other side of the Oakmulgee river, in Georgia, for the purpose of getting land for them.

---David Neel.

THE STATE OF ALABAMA, Chambers county.

I, James Thompson, Judge of the County Court of said county, do certify that on this 29th day of January, 1835,
David Neel did sign his name to the foregoing part of a page, and swear that the facts therein set forth are true, to the best
of his knowledge. Given under my hand and seal this 29th day of January, 1835.

---James Thompson [SEAL]

Interrogatories propounded to Mark Hudspeth in the same case, say he alleged fraud on the east half of section 3, in
township 22, and range 28.

Interrogatory 1. Please state anything you know going to show fraud in the above locations and please state if this alleged
fraud was removed, whether would any person be entitled to a pre-emption or not?

Answer. I know that she was said to be an Uchee Indian, and came to the settlement in which she was located some
time in the latter part of the year 1832, or the first part of the year 1833, in company with a white man by the name of
Gideon Arthur, who seemed to have the control of her and others; and the said Arthur frequently told me that he brought
her with others from the Oakmulgee river, Georgia, for the purpose of getting land for them; and he further stated that
he was to have half the land if he succeeded in obtaining it for them. Witness further states that soon after her arrival here
she became disheartened as to getting land, and returned to Georgia, and was not here till after she was located. When
the locating agents arrived at West Point, the said Arthur sent for me, and I went on to examine to see if they were
enrolled for location in the Horse-path-town, and I found none of the names enrolled for location but the name of Gideon
Arthur. I was also present when Orrin Whitaker went to Arthur's to locate, and there was no names found suiting his
Indians save one, which is the above Sowieka or Peggy; and the said agent Orrin Whitaker stated that he would locate
her on the said half section, but if he found a Creek Indian of the proper town claiming that name he should remove the
location and give it to the said Creek Indian. Said Arthur stated to me that there appeared to be a difficulty about his
Indians getting land, and he stated that all of the other speculators in such cases made names, and that he should do the
same. Two days after this transaction, I saw Mr. Wittaker and asked him if he had found a Creek name to suit the above,
and he said that he had, and had made the alteration. In answer to that part of the interrogatory asking if any person would
be deprived of the right of pre-emption, I can state that Mr. F. T. Boazman and F. Pearson would be deprived of that
right.

Interrogatory 2. What do you believe has been the course pursued by the locating agents; and do you know of any
locating agents being concerned with speculating companies?

Answer. I do know that Orrin Whitaker and John H. Broadnax are both concerned in the speculation in lands where
they have been appointed to locate the reservations.

---Mark Hudspeth.

Sworn to and subscribed this 29th January, 1835, before me.
George D. Hooper,
A Justice of the Peace in and for said county of Chambers, Ala.

Interrogatories propounded to John Howard, a witness in this case, with his answers thereto.

Interrogatory 1. Know you of any circumstances showing fraud in this case? If yea, please state them.

Answer. I know nothing of this case except Arthur's propositions to me about the Indians. May be two months after
the treaty he proposed to me to get the neighbors about me to join him in getting some Indians located. He said they were
his Indians, living in Georgia on the Oakmulgee. He proposed that we should let them come in and settle among us, and
share with him the profits of the lands, by feeding them, and in one way or other. I told him I would not give an answer
until I consulted my neighbors. About ten days afterward I told him neither I nor my neighbors would have any thing to
do in the matter; and he said that we injured ourselves by not agreeing. He said in this conversation that these Indians
lived in Georgia, and unless he could get them slipped in without a fuss he would be disappointed.
Interrogatory 2. From our personal knowledge do you or not think the locations have been made according to the
treaty by the government agents?

Answer. Why, I think there were a great many frauds, and I think they knew it.

---John Howard.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for Chambers county, Alabama.

THE STATE OF ALABAMA, Chambers county.

At the office of George D. Hooper, Esq., the examination being continued by Nathaniel H. Greer, commissioner, &c.,
this 30th January, 1835, in the case (No. 11) of an alledged fraud practiced by Dr. Magruder, by locating ANNA, or
LUEZER on the east half of section 1, in township 21, and range 28.

Interrogatories propounded to John Howard, and their answers thereto annexed.

Interrogatory 1. What do you know going to show fraud in the above stated case?

Answer. I know that the above named Anna or Luezer at the time of the treaty was living at the house of William
More, an Indian countyman; had no family, lives there yet, and still has none; and at the time of the treaty was not more
than 12 or 13 years old at farthest; and More stated to me that she was a relation to his wife that he was raising. And I
heard Dr. Lyons or Capt. Ray once say to Dr. Magruder that the above case was a fraud: he stated that it did not come
before him; that he should locate all that he found on the list.

Interrogatory 2. Please state if this alleged fraud deprived any person of the right of pre-emption?

Answer. It did deprive two settlers.

Interrogatory 3. Do you know of any of the locating agents being attached to companies of speculators?

Answer. I do know that John H. Broadnax, Orrin Whitaker, and William More, all deputy locating agents, were
concerned in the speculation with companies.

---John Howard.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for said county.

Interrogatories propounded to Joseph L. Howard, a witness in the same case of Anna or Luezer.

Interrogatory 1. What do you know going to show fraud in this case.

Answer. I know at the time of the treaty the above named girl was living in the house of William More, and could
not have exceeded 12 or 13 years of age, and had no family, neither has she any family yet, and still lives at the house
of More.

Interrogatory 2. Will the above alleged fraudulent location deprive any person or persons of the right of pre-emption?

Answer. It will deprive two persons of that right.

Interrogatory 3. Do you know of any of the locating agents or their deputies being attached to speculating companies
who were buying up the Indian reservations. If yea, please state who they were.

Answer. I know that John H. Broadnax and Orrin Wittaker, locating agents, appointed by Col. Abert, were concerned
with speculating companies, and I further know that William More, a white man, having an Indian family, was appointed
to locate, and was purchasing the reservations at the same time.

---Joseph L. Howard.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for said county.

THE STATE OF ALABAMA, Chambers County.

At the office of George D. Hooper, Esq., in said county, the examination being continued by Nathaniel H. Greer,
commissioner, &c., in the case (No. 12) of an alledged fraud practiced at the land office at Montgomery, by granting the
right of pre-emption to the southwest quarter section eighteen, in township twenty-four, and range twenty-seven, in the
district of lands subject to sale at Montgomery, this 2d day of February, 1835.

Interrogatories propounded to William Menefee, in the above case, and the answers thereunto annexed.

Intertogatory. What do you know in relation to the above stated case going to show improper conduct by the register
of the land office at Montgomery?

Answer. I called at the land office above referred to, for the purpose of getting a certificate of pre-emption for the
person whom I conceived was entitled according to the last instructions received; and on examination, I found they had
issued the certificate to another individual without his witnesses giving their answers as full as they should have done,
as their evidence only states that no other person except the one to whom the certificate issued cultivated in 1833, who
had possession the 19th June, 1834, which was the fact: but one individual cultivated in 1833, and sold to another, who
had possession the 19th June, 1834, 1834, and was the first white settler on the place, and was entitled from the
instructions: and I explained those facts to the register or receiver, but received no satisfaction from him. I offered him
conclusive testimony as to these facts; but he would not attend to it, nor grant the pre-emption, he said, on the ground
that a certificate had already issued.

---William Menefee.

Sworn to and subscribed before me.
Geo. D. Hooper, J. P.
February 2, 1835.

THE STATE OF ALABAMA, Chambers county.

Quincy R. Boring and Joseph T. Boring having personally appeared before me, do solemnly swear that Tastom
Manofee is entitled to a pre-emption right in the quarter section mentioned in this case, if possession and cultivation on
the 19th June, 1834, derived from a person who cultivated in 1833, would give him that right.

---Joseph T. Boring.
---Quincy R. Boring.

Sworn to and subscribed before me.
George D. Hooper,
A Justice of the Peace in and for said county.

THE STATE OF ALABAMA, Chambers county.

I, Nathan H. Greer, continuing to receive testimony in relation to the frauds practiced by certain United States
officers, proceeded to the case (No. 13) of an alledged fraud on the east half of section twenty-six, in township 23, and
range 27, whereon was located Tiffy, an Indian woman.

Interrogatories propounded to Micajah Williamson, a witness in the above stated case, and the answers thereunto
annexed.

Interrogatory 1. What do you know going to show fraud in the above stated case, or what course has been pursued
not in compliance with the treaty made by the government with the Creeks?

Answer. I know that the above named Indian woman had no family at the time of the treaty, nor has she any family
yet, and some time in the fall of the year after the treaty of March, 1832, she took some of the children of an Indian called
Noati, and moved into the house of a white man, or house built by a white man, which was the half section on which
William D. Greer had settled before the treaty, and was there located by Orrin Whitaker as a settler, and there was no
settlement on it, save that of William D. Greer, for I threw the roof off the cabin, and some person burned it up.

Interrogatory 2. Do you know whether or not any person will be deprived of the right of pre-emption by this alleged
fraudulent location?

Answer. There will be two persons deprived of this privilege.

Interrogatory 3. What do you believe from your own personal knowledge has been the course pursued by the locating
agents appointed to locate the Creek country?

Answer. I believe their course to have been more corrupt than that of any men entrusted with public business that I
ever knew. And the witness further states, that he was present when James Taylor charged Orrin Whitaker with acting
improperly, and being interested in the speculation; and he, Whitaker, acknowledged at this time, which was the time
he was locating, that he was concerned in the speculation.

---Micajah Williamson.

Sworn to and subscribed before me.
Geo. D. Hooper,
A Justice of the Peace in and for said county.

Interrogatories propounded to William D. Greer, in the above case, and the answers thereunto annexed.

Interrogatory 1. What do you know in the above case going to show fraud?

Answer. I know that that said woman was not entitled to a location, as she has no family, and got some children, and
took possession of the house built by the white man spoken of by Micajah Williamson, the witness first examined.

Interrogatory 2. What do you believe from your own personal knowledge has been the course pursued by the locating
agents appointed to locate the Indian reservations in the Creek country.

Answer. I believe it to be a very corrupt one.

---Wm. D. Greer.

Sworn to and subscribed before me.
G. D. Hooper,
Justice of the Peace in and for said county.

February 2, 1835.

I certify that I am personally acquainted with the two witnesses who have just deposed, Micajah Williamson and
William D. Greer, and know them to be men of truth, on whose statement the most unbounded confidence may be placed;
and furthermore, the statements made by them have come under my own knowledge.

---Nathaniel H. Greer.

The examination further continued by Nathaniel H. Greer, commissioner, &c., in the case of an alleged fraud in section
23, in township 24, and range 26.

Interrogatories propounded to Quincy R. Boring, a witness in the above stated case.

Interrogatory 1. Please to state what you know going to show fraud or improper management in the above stated case.

Answer. Some time in the month of January, 1834, Jackson Doyle, a half-breed lad, appeared in the settlement in
which I live, as locating agent, and said that he had received his appointment from Orrin Whitaker, and he proceeded
to locate several Indians while I was present; and after he had finished his duties as locating agent, the section on which
I lived together with Mr. David Patterson was not located; and on the next day I saw Ethan Stroud, one of the company
of speculators composed of N. Doyle, Stroud and Company, and I informed him that my place, say section 23, in
township 24, and range 26, was not located, and he stated that if it was desirable he would have the locations shifted, and
have my place located; and that he was sorry that I had not arrived sooner, as Jackson Doyle had just left for to see
Whitaker, and make his return. Stroud, Mr. Patterson, and myself, made an arrangement to have the locations changed
so as to cover my place, and at his request I pursued Jackson Doyle, and he made the alteration; and he, Jackson Doyle,
made this statement to Whitaker, and he said that the distance removed was too great, say four miles; but after some
reflection, he said that Dr. Magruder had set the example of moving of them, and he would let it stand, as it was removed
by Jackson Doyle, the half breed lad above referred to.

Interrogatory 2. Will any persons be deprived the right of pre-emption by the above alleged fraud?

Answer. There will be three persons deprived of that right.

---Quincy R. Boring.

Sworn to and subscribed before me.
Geo. D. Hooper,
A Justice of the Peace in and for said county.

Interrogatories propounded to David Patterson, a witness in the same case, of an alleged fraud practiced in section 23,
in township 24, and range 26, by Jackson Doyle, a half breed.

Interrogatory. Please state what you know going to show fraud in the above stated case.

Answer. I was present with Quincy R. Boring through the whole transaction, and know what he has stated to be facts;
and I know no more in relation to the above stated case.

---David Patterson.

Sworn to and subscribed before me.
Geo. D. Hooper,
Justice of the Peace in and for said county.

February 2, 1834.

THE STATE Of ALABAMA, Chambers county.

We do certify that we have been acquainted with the two witnesses Q. R. Boring and David Patterson, examined in
this case, and believe them to be respectable and credible persons.

---William H. House,
---Nathaniel H. Greer.

STATE OF ALABAMA, Chambers county.

At George D. Hooper's office on the 3d of February, 1836, Nathaniel H. Greer, commissioner, &c., continuing his
investigations, proceeded to the case (No. 14) of an alledged fraud in the location of Yokotchekae, a Creek Indian,
located on south half of section twelve, of township twenty-two, and range twenty-six, of the district of lands subject to
sale at Montgomery.

3. Alleged fraud in the location of Yomotchekae

Interrogatories propounded to Spencer J. McMorris, a witness in this case, with his answers thereto.

Interrogatory 1. Know you of any circumstances showing fraud in this case? If yea, relate them.

Answer. I do not know whether the circumstances coming under my observation have this tendency. Ten or twelve
miles south of Lafayette, before the locations were made, riding with Mr. Francis Irwin, we approached an Indian
habitation where a young girl, calling herself Yomotchekae, came forward and offered to Irwin her land for sale. She was
apparently under the age of puberty, and so manifestly so that Irwin hesitated to purchase at first. I told him, however,
that I had understood that all were entitled who gave in their names, and he accordingly purchased. I was a witness of
the bond. The conversation was through the medium of an interpreter. The girl was I suppose, about 13 years old, not
over at least. She has been located about 13 miles distant from this place of meeting her, which place was apparently her
home. These circumstances came under my observation. How far they indicate misconduct I do not decide. I was present
I will add, at the certifying of this contract; saw the girl receive the money; received the money myself, from a boy named
Harry, partly negro, partly Indian, who brought it back to me after this payment, which was the second or third time that
I had received the money in that way on that day, which was as regularly returned to Irwin, who had previously borrowed
it from me. I knew the bills to be the identical bank notes so lent and so paid, having paid particular attention to them.
I was in no matter personally concerned in this contract, beneficially or otherwise, except as I have related, and except,
that I was promised an interest in the lands purchased. What I state is elicited by your interrogatory alone, and the
circumstances to which you call my attention.

Interrogatory 2. So far as you know or believe, does this location preclude from the enjoyment of a pre-emption right
any person entitled thereto?

Answer. I believe Wm. H. House to have been thus entitled. I know that he resided on the tract allotted to the girl
Yomotchekae, about the time of the location in 1833, and certifying in 1834.

Interrogatory 3. From your personal knowledge of the conduct of the locators of Indian reserves, what is your opinion
of the conduct of these officers?

Answer. I think thy did not observe the provisions of the treaty with any great care, or their trust with any great
fidelity.

Interrogatory 4. Relate any instance of this disregard, as a specimen of your observations.

Answer. Irwin and Williamson were contending for a reserve located to Peggy or Soweki. It appeared that there were
two Indians of that name, an Uchee and a Creek. Irwin the purchaser from one; from the other, Williams. Several
examinations were had, and the case seemed to me doubtful. During the controversy, the locating agent, Whitaker, came
to me and remarked "that the case might be easily settled; that Irwin had only to give him an interest in the tract, and that
his (Irwin's) claims should be established." He requested me to communicate this conversation to Irwin. "Keep dark,
McMorris," said he. The controversy was concerning the certifying of the tract. I have understood since that Irwin failed
in it. The controversy was commenced in March, 1834, and was carried on before McHenry, the certifying agent. I was
utterly astonished at this conversation of Wittaker's, having formed a favorable opinion of him.

---S. J. McMorris.

Sworn to and subscribed before me.
G. D. Hooper,
A Justice of the Peace in and for said county.

THE STATE OF ALABAMA, Chambers county.

Interrogatory propounded to Wm. H. House, a witness in this case, with his answer thereto.

Interrogatory. State what you know in this case.

Answer. A few days since I went to see the girl located on my place of residence, with an interpreter well known, by
name Sam McIntosh. On arriving at her mother's house my interpreter pointed out the girl a girl apparently about 14
years old. I asked her name; I understood her answer to be Mishoye. I remarked that that was not the name by which she
was located. She said the location was made in the name of her brother, pointing to a little boy about 7 years old, whose
name she said was Yomotchkae; that she and her brother had been put together in the location. I had previously asked
her if she had been located, and on her saying that she had been, and had sold, followed my inquiry concerning her name.
I had examined McHenry's books, and found this tract (south half of twelve) sold and certified in the name of
Yomotchkae. The girl acknowledged that she had sold and answered in her brother's name. She has never had children. 

---William H. House.

Sworn and subscribed before me.
Geo. D. Hooper, J. P.

THE STATE OF ALABAMA, Chambers county.

We certify that S. J. McMorris and William House are respectable and credible members of the community.

---Geo. D. Hooper,
---Nathl. H. Greer.

February 4, 1835.

THE STATE OF ALABAMA, Chambers county.

The examination being continued by Nathaniel H. Greer, commissioner, &c., in the case (No. 15) of an alledged fraud
practiced by Sandford Thornton, the locating agent, on the west half of section 12, township 20, and range 25.

Interrogatories propounded to Joseph Humphries, in the above stated case, and his answer thereunto annexed.

Interrogatory. Relate what you know going to show fraud in the above transaction, or any acts of the locating agents
not in conformity with the treaty with the Creeks of March, 1832.

Answer. I know the Indian Sofootka, who is said to have been located on the above described land, which was the
improvement made by Malcom McBride, on which there was no Indian settlement, and the Indian located on the place
was said to have lived five miles from this place, and other public land between his place of residence and the
improvement of Malcom McBride, who would have been entitled to a pre-emption on the said land had it not been for
this alledged fraud.

---Joseph Humphries.

Sworn to and subscribed before me.
G. D. Hooper, J. P.

Interrogatory propounded to Allen Humphries, in the same case, and his answer thereunto annexed.

Interrogatory. Relate what you know showing fraud in this location.

Answer. I can make no further statement in relation to it than has already been made by the first witness Joseph
Humphries, whose statements I know to be the fact, all but the statement of there being other public land between his
residence and his location, which I do not know, as I have never examined the map for that particular place.

---Allen Humphries.

Sworn to and subscribed before me.
George D. Hooper, J. P.

Nathaniel H. Greer, commissioner, &c., continuing to receive testimony in relation to the frauds practiced by Orrin
Whitaker, locating agent, on the east half of section 23, in township 23, and range 37, assigned to Timoke, an Indian
woman, the wife of Slakiska.

Interrogatories propounded to Leroy McCoy, Esquire, and the answers thereunto annexed.

Interrogatory 1. Relate what you know going to show fraud in the above location, or any transactions relative thereto
not in compliance with the treaty.

Answer. I saw Orrin Whitaker locate the said Tomoke on the above land, the wife of Seakiska, who was located on
the other half of said section, as one of the company of speculators told me, and it is so said by the neighbors, but the
agent's books I have not examined since the said Seakiska was located; and if the wife and the husband both being
located does not show fraud I do not know as there is any.

Interrogatory 2. Will there be any person deprived of the right of pre-emption by this alledged fraud?

Answer. There will.

---Leroy McCoy.

Sworn to and subscribed before me.
G. D. Hooper, J. P.

Interrogatories propounded to Mark Hudspeth, in the case of an alledged fraud by locating Tatefee or George, on the
south half of section 28, in township 23, and range 28, of the district of lands subject to sale at Montgomery.

Interrogatory 1. Please relate what you know going to show fraud in the above case, or any circumstances connected
therewith not in conformity with the treaty of March, 1832.

Answer. I know that the above named Indian came into the settlement in which he was located in the latter part of
the year 1832 or the first part of the year 1833, with one Gideon Arthur, a white man, who seemed to have the control
of him and others; and he the said Arthur told me that he had brought them from Pulaski county, Georgia, for the purpose
of getting land for them.

The witness further states that there is government land equally good between the place on which the said Indian
stopped, and that on which he was located, save the improvement of Willis Johnson on the said land on which he was
located.

Interrogatory 2. Will any person be deprived of the right of pre-emption by this alleged fraud?

Answer. There will be two persons deprived of this right.

---Mark Hudspeth.

Sworn to and subscribed before me.
G. D. Hooper, J. P.

Interrogatories propounded to Willis Johnson in the same case, say the fraud on the south half of section 28, in township
23, and range 28.

Interrogatory 1. Relate what you know going to show fraud in the above case, or any transactions not in compliance
with the treaty.

Answer. I know that this Indian came into the settlement in which he was located some time in the latter part of the
year 1832, or the first part of the year 1833, with one Gideon Arthur, a white man, who seemed to have the control of
him; and he the said Arthur told me that he had brought this Indian, with others, from Pulaski county, Georgia, for the
purpose of getting land; and he proffered me one of his Indians to put on my improvement. I told him I did not want his
Indian, as he could not be located, as he was a citizen of Georgia at the time of the treaty, and my improvement being
some distance from any Indian settlement; and I know not yet what authority those agents had to locate on my
improvement, as there is public land between my improvement and other Indian locations.

The witness further states that on his settlement here he had no disposition to trespass on the rights of any; and he
does believe that every principle of justice and every legal principle has been violated, in thus locating on his place and
depriving him of the right of pre-emption.

---Willis Johnson.

Sworn to and subscribed before me.
G. D. Hooper, J. P.

I, Nathaniel H. Greer, continuing to receive testimony in relation to the frauds practiced by certain officers of the
government, took the following testimony:

Interrogatories propounded to William Gideon, and his answers thereunto annexed, in the case of an alledged fraud practiced
by Orrin Whitaker, on north half section 11, in township 22, and range 28, of the district of lands subject to sale at
Montgomery.
                                
Interrogatory 1. Relate what you know going to show fraud in the above case, or any circumstances not in compliance
with the treaty of March, 1832.

Answer. I know that Gideon Arthur, a white man, who is located on the north half of section 11, in township 22, and
in range 28, came to the plantation on which I lived in October or November, 1832, and said that he came from Pulaski
county, Georgia, and some days thereafter he took up his board at my house in Alabama, near the Georgia line; and some
time after he came to my house, he told me that he had the control of some Uchee Indians that he designed to bring out
for the purpose of trying to get them land; and in two or three months afterwards he brought his Indians out to Alabama,
and accordingly got the land; and he the said Arthur claimed one of those Indians as a wife, and got the above described
land, say north half of section 11, in township 22, and range 28.

Interrogatory propounded to Frederick T. Boazman in the same case, say the location of Gideon Arthur, a white man,
by Orrin Whitaker, the locating agent, on the north half of section 11, in township 22, and range 28.

Interrogatory. Relate what you know going to show fraud in relation to the above location, or any circumstances
connected therewith not in compliance with the treaty of March, 1832.

Answer. I know, from Gideon Arthur's own statement, that he came to this country after the treaty, for the purpose
of getting land; and that he came from Pulaski county, Georgia, as he said, and was located on the above described land. 

---F. T. Boazman.

Sworn to and subscribed before me.
G. D. Hooper, J. P.

THE STATE OF ALABAMA, Chambers county.

I, Nathaniel H. Greer, commissioner, &c., in continuing the examination of witnesses in the allegation of frauds practiced
by certain government officers, proceeded to take testimony in the case of an alleged fraud practiced on fractional section
the east half No. 2, in township 22, and range 28, of the district of lands subject to sale at Montgomery.

Interrogatories propounded to Mark Hudspeth, in the above case, and his answers thereunto annexed,

Interrogatory. Relate what you know going to show fraud in the above case, or any circumstances connected therewith
not in accordance with the treaty of March, 1832, with the Creeks.

Answer, Orrin Whitaker, a locating agent, informed me that he could not locate on a fractional section that had no
Indian improvement on it; and I saw the plat of locations returned to the office at Montgomery, at the sales of land in
January or February, 1834, and this place, which is the place I improved, was not located; since that time I am informed
by Dr. M'Henry, the certifying agent, that it is located on by an Indian 30 miles from said fractional section, passing over
other valuable lands for the purpose of covering my improvement, to which I consider I was legally entitled to the right
of pre-emption.

---Mark Hudspeth.

Sworn to and subscribed the 5th February, 1835, before me.
G. D. HOOPER, J. P.

THE STATE OF ALABAMA, Chambers county.

We have examined the names of all witnesses in this book, and are acquainted with them, and certify that they are
credible and respectable persons.

---Nathaniel H. Greer, Com.
---William H. House, Clerk of the Circuit Court.

THE STATE OF ALABAMA, Chambers county.

I, Joseph J. Williams, clerk of the County Court of the said county, do hereby certify that George D. Hooper, whose
name appears in the attestations on the pages preceding this, is a justice of the peace, regularly elected, commissioned,
and sworn, according to the constitution and laws of Alabama; and I do further certify that James Thompson, whose name
appears in the attestations on pages 20, 21, 22 and 23, is the judge of the County Court of said county, regularly elected,
commissioned, and sworn, agreeably to the constitution and laws of Alabama.

In testimony whereof, I have hereunto subscribed my name and affixed my private seal, there being yet no seal of
office provided by law.

---Jos. J. Williams. [L. S.]

4. Index

[The page numbers cited below apply to the original handwritten document.]
                                
On the 24th January.

No.1, p. 7.    See-tar-ne, a girl 12 years old. Nimrod Doyle's advice. Magruder locator. Purchasers, Stroud and Doyle.

No.2, p. 9.    Poeth Hadjo. Locators Magruder and Blake; removed three or four miles from a place where no one else
               lived. Cause of removal poor land. A young boy located.

26th January: same case, &c.

No.3, p. 11.   Sucie or Jack. Locators, Blake and Magruder. one of Arthur's Indians, not the head of a family; an Uchee
               from Oakmulgee river, Georgia, not living in the country at the time of the treaty. Arthur's colony.

No.4, p. 13.   Thomas N. Berryhill. Magruder locator; a citizen of Georgia, son of a white woman of Upson county,
               Georgia, and head of a white family there, but at no time a resident or married in Creek territory of
               Alabama.

No.5, p. 15.   Jackson Doyle, lad, not the head of a family then (treaty) or now.

No.6, p. 16.   Muscoge Doyle, a girl nine or ten years old.

No.7, p. 16.   Location of section 6, t. 21, r. 27. Neaththlocco, the rightful claimant, removed for two other Indians.
               Broadnax, the locator, interested beneficially in making this location.

No.8, p. 18.   Kissy, one of Reid's wives, not the head of a family.

No.9, p. 20.   Mary, not the head of a family. This circumstance known to Magruder, the locator. Illegality of the
               transaction sworn to. (A legal custom in Georgia.)

No.10, p. 22.  Sowieka or Peggy, an Uchee woman from Oakmulgee river, Georgia, and not the head of a family.
               Arthur's schemes.

No.11, p. 25.  Anna or Luezer, not the head of a family. Located by Magruder. Twelve or thirteen years old. Three
               locating agents in the company.

No.12, p. 26.  Alleged negligence in the land office.

No.13, p. 27.  Tiffy, not the head of a family, removed four miles.

No.14, p. 29.  Yomotchkae, a young girl, twelve or thirteen years old. The use of money in the Creek speculation.
               Whitaker's (the locator) dishonesty.

No.15, p. 31.  Soffotha removed five miles by the locator Thornton.

No.16, p. 32.  Husband and wife located on two reserves by the locator Whitaker.

No.17, p. 32.  Tatafee or George, from Oakmulgee river, Georgia, brought into the country after the treaty by Arthur,
               located designedly on a white man.

No.18, p. 33.  Arthur's schemes and Indian wife.

No.19, p. 34.  Indian removed thirty miles to cover a white man's settlement.

Witnesses attending Nathaniel H. Greer, Commissioner, &c.

Witnesses.          Attendance.   Travel.   Compensation.

William Morris,       1 day       20 miles    $1.80
Joseph Neel,          1 "          4 "         1.16
John Howard,          2 "         36 "         3.44
George Harper,        1 "         36 "         2.44
Elisha Ray,           1 "         36 "         2.44
Sandford Thornton,    1 "         30 "         2.20
David Neel,           1 "         30 "         2.20
John Patterson,       1 "         30 "         2.20
Mark Hudspeth,        2 "         60 "         4.40
Joseph L. Howard,     2 "         40 "         3.60
T. K. Smith,          1 "         10 "         1.40
Caleb Hallaway,       1 "         10 "         1.40
Quincy Boring,        1 "         30 "         2.20
David Patterson,      1 "         30 "         2.20
William D. Greer,     1 "         10 "         1.40
M. Williamson,        1 "         10 "         1.40
B. Taylor,            1 "          6 "         1.24
S. J. McMorris,       1 "                      1.00
Joseph Humphries,     1 "         30 "         2.20
Allen Humphries,      1 "         30 "         2.20
William Giddins,      1 "          1 "       (not sworn)
Willis Johnson,       1 "         22 "         1.88
Leroy McCoy,          1 "         18 "         1.72
John S. Freel,        1 "         16 "         1.64
William T. Moss,      1 "                      1.00
William H. House,     3 "                      3.00

The compensation of witnesses in the Circuit Courts of Alabama is one dollar per day, and four cents for every mile
of travel.

Judge Thompson, seven certificates at 50 cents, $3.50
Clerk Williams,         2 do       at 50 cents,  1.00
Clerk House,            2 do       at 50 cents,   .50

The testimony taken before Nath. H. Greer, commissioner, &c., at LaFayette, Chambers county, in the State of Alabama,
for the Committee on Public Lands of the Senate of the United States.

THE STATE OF ALABAMA, Chambers county.

I transmit to the honorable the Chairman of the Committee on Public Lands of the Senate of the United States this
book, containing all testimony taken before me as commissioner, and do certify the same to have been correctly taken.

Given under my hand and seal this 5th day of February, 1835.

---Nath'l H. Greer, Com'r. [L. S.]

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