GEORGIA  MILITARY  INDIAN WARS   Gold Mining Prohibited

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CHEROKEE - GOLD MINING - 

"A Cherokee was arrested by the military, charged with
digging for gold in his own native country, but strictly
prohibited by the State, and delivered over to the civil
authority. After a long confinement in the jail of Walton
county, he was brought before his honor A. S. Clayton for
trial, Judge of the superior court for the western district,
and was liberated; the court deciding the law
unconstitutional; that the Cherokees were the rightful
owners of the soil and all the minerals to be found; and
that, until a fair extinguishment of their title, by treaty,
they had the unquestionable right to use their lands as they
pleased. 

The Governor was immediately notified of the proceedings of
the court, who, it would seem, was determined that the
Cherokees should realize no benefit from the judiciary
whatever; and forthwith issued an order to J. W. Sanford,
the military commander, charging him to arrest every
Cherokee to be found at the mines, and not to be governed by
the decision made by one of the highest courts in the State,
inasmuch as he (the Governor) believed the State had the
right to prevent the working of those mines! 

Shortly after this, a detachment was ordered out for the
purpose of "scouring the upper gold mines," under the
command of a certain Jacob R. Brooks. During their absence,
they discovered a Cherokee, who, upon their approach,
attempted escape by flight. The officer, supposing he had
been digging, ordered a charge, and then to fire upon him;
which was promptly obeyed, and the unfortunate Indian
brought to the ground badly wounded by a shot through the
thigh! Subsequently, others were arrested, females not
escaping the sad effects of military despotism, and thrown
into jail.

Document: PAM009 

Cherokee Indians : memorial of a delegation of the Cherokee tribe of Indians, January 9, 1832, read and laid upon the table

author: Cherokee Nation 
publication place: [Washington, D.C.] 
date: January 5, 1832 
extent: 5p 

http://neptune3.galib.uga.edu/cgi-bin/homepage.cgi?link=zlna&id=tcc802&style=&_id=442a34bd-1208761962-4558