Tracing Cherokee Ancestors

Cherokee nation sealSeveral years, ago – we’re talking in the decades now – before the internet and e-mail….you know, back in the dark ages…I visited the Muskogee County Genealogical Society in Muskogee, OK.

I was that certain that my oral family history of Cherokee heritage was accurate – I traveled from Indiana to Oklahoma to find and claim my Cherokee heritage.  After all, I had it in writing in letters, for several generations.  But I was, ahem…..wrong.

I was quite unsuccessful when I was there, which made me wish I had prepared better.  Yes, I was exceedingly “green” at the time, and exceedingly excited, and horribly shocked at the outcome.  I just didn’t believe it was true.  I had no Cherokee ancestors, at least none on the rolls?  My great-grandfather lived on Choctaw land!?!  And we’re not Indian? Well, we’re not on the rolls, that’s for sure, and that translated into “not Indian,” at least legally speaking.  So, if you’re researching and you wind up throwing yourself out of the family tree…I feel your pain. It happens, and it’s part of searching of the truth.

Now my prep for a research trip far exceeds the length of the trip itself.

When I was in Muskogee, they sent me away with some hints, and I’m going to paraphrase them here and update them to the internet age with online resources.

In 1962 a payment was made to living Cherokee individuals whose ancestors appeared on the Dawes Roll.  It was necessary at this time to complete the “Proof of Death and Heirship” application to qualify for the payment.

This probably explains why there was a sudden increase in people who were suddenly “Cherokee” beginning about this time and moving into the 70s and 80s.  If there was any family history of Native heritage, it would have surfaced at that time.

If you do have a family member who received a payment, they will be able to identify your ancestor who was on the Dawes Commission Rolls, which was the requirement to qualify.  If you can do this, you’re nearly there.

On the “Proof of Death and Heirship” application we find the name, roll number, place and date of death of the person on the roll and the descendants with their addresses.

In Cherokee research, everything ties back to the roll number.  To obtain a roll number, you had to prove descent from someone on the original Rolls at the time of, or following the removal and resettlement in the 1830s.

You can search the Dawes Rolls here and here.

Cherokee dawes

The Dawes Rolls give the census card number which will give the 1880 or 1896 Tribal Enrollment Number.  The information on the Census card  is taken from the Dawes application or enrollment.  Often, applications that were denied have more information than the applications that were accepted.  You may have to order the application packets from the National archives for denied applications.

Next, search the Guion Miller Roll of 1909 for members of the Eastern Roll of the Cherokee.  You can search here and here.

cherokee guion miller

The second column from the left is the application number which is used to find the application which provide information back to 1851, including Indian names.

cherokee guion miller index

To order copies of the Guion Miller Roll applications from the National Archives, you must submit a completed NATF Form 83 which includes the individual’s name and application number. A separate form must be completed for each file you wish copied. To order an NATF Forms 83. You may also Order Individual Records online for a fee of $17.50.  Orders take about 56-70 calendar days.

You can also search the Final Roll Index here.

cherokee final rolls

At, a subscription site, you can find the actual application packet.

You can also find it, or request it, from the National Archives branch in Fort Worth, TX.

application packet

After finding your ancestors on any of these rolls, check all of the rolls, because at some point, your ancestor may give their Native name, not their English name, and earlier rolls are more likely to have your ancestor recorded by their Native name.

There are several pre-1851 and a few later rolls that you’ll want to check, most indexed and available free at Access Genealogy.

Here’s another resource for 5 Civilized Tribes research, including the Cherokee, Choctaw, Creek, Chickasaw and Seminole.

Additional resources can research assistance can be found here.

Information about joining the Cherokee Nation, the Eastern Band of the Cherokee and United Keetoowah Band of the Cherokee.

Posted in Cherokee, Chickasaw, Choctaw, Creek, Seminole | Leave a comment

The Last Wukchumni Speaker

In central California, before the European arrived, it’s estimated that there were 50,000 Wukchumni speakers.  Today, there is only one, Marie Wilcox, born in 1932, who is making a dictionary of this language so it won’t be entirely lost, while teaching her daughter and grandson.  The Wukchumni is one of about 130 threatened Native languages in the US today.

Wukchumni is the language of the Yokuts tribe.  Today, there are less than 200 members residing on the Tule River Reservation.

Take a look at this short documentary.



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George Galphin’s 1776 Will

mcmullan's law reports

In South Carolina’s McMullan’s Law Reports, from Nov 1840-May 1842, we find only one document of interest regarding Native Americans.   But that article is indeed, VERY interesting.

A will, sworn and signed in April of 1776 by George Galphin is being contested.  The portion having to do with the Indian is not being contested. Ironically, what is being contested is whether a mixed race descendant of George can inherit.

In any case, George, back in 1776, freed his female Indian slave and even gave us the name of the Indian slave’s parent.

galphin will

“…one Indian (daughter of Natechuchy)…”

This will was finally sworn, after a codicil, in 1782 in the Ninety-Six District of SC, and George subsequently died that same year.

Ninety-Six District was created on 29 July 1769 as the most western of the seven original districts. Its boundaries included the current Abbeville, McCormick, Edgefield, Saluda, Greenwood, Laurens, Union, and Spartanburg counties; much of Cherokee and Newberry counties; and small parts of Aiken and Greenville Counties. The lands further west were Cherokee Indian lands; and Tryon County, North Carolina infringed on much of its northern boundaries through the 1770s due to poor surveying.

The Journal of Gentry Genealogy published a map showing the 96 District in 1790, the shaded areas taken from Indian lands.

96 district

Given this proximity to the Cherokee, as well as the Creek and other southern tribes, it’s certainly possible, and probable, that the Indian slave freed and her parent were Cherokee or Muskogean, or captives traded to settlers through those tribes.

Given that no “increase” is mentioned, it’s also possible that this was a relatively recent enslavement.  He doesn’t say if the mother is or was enslaved, but that too is likely.  However, either the mother has already been freed, or the mother has died because his language clearly says:

“The testator first gives freedom, from the time of his death, to all legatees devisees not then free…and especially to Barbara, daughter of Rose.  Then having given freedom to two mulatto girls, and one Indian (daughter of Natechuchy).”

This strongly suggests that the Indian freed is indeed a legatee, but who is she?  And why would she be a legatee?

He leaves land and slaves to six individuals, as follows:

  • George – son of Maturney
  • Thomas Galphin – son of Rachel Dupee
  • John – son of Maturney
  • Judith – daughter of Maturney
  • Martha Galpin, child of Rachel Dupee
  • Barbara (Holmes), daughter of Rose, who married a white man

Then, there is this confusing entry in the Law Reports pertaining to this case.  Is it relevant to the Indian portion of this confusing situation, or is it simply comparative ‘legal-speak?’

galphin will legal issue

Is it possible that even though George refers to some of those he freed as mulatto, that they were indeed half Indian, and he was using mulatto in the context of the time as meaning “not entirely white?”  If so, then why did he specifically refer to one individual as “Indian” and the others as mulatto?

There has to be more to this story.  There is no wife in evidence, and George apparently leaves his entire worldly estate to those he had enslaved?

Checking my Native Names Project, I found two items that proved very interesting.

In the “Colonial Records of South Carolina: Documents Relating to Indian Affairs 1750-1754” by William McDowell, we discover that George Galphin was an Indian Trader to the Creek Nation.

You can read more about South Carolina Indian traders at in this article.

Licensed Traders to the Creeks from Carolina

  • George Galphin

In another article by J. Michelle Schohn, Historian of the Pee Dee Indian Nation of Beaver Creek, we discover that indeed, George Galphin did have a son with a Native woman.

“Also listed are additional names associated with the Pee Dee and other Indian communities: … George Galphin (the half-Indian son of Indian trader George Galphin, with whom the Beaver Creek Pee Dee worked). “

Aha, things are becoming to come a bit more into focus.

A little digging around shows us that indeed, there was even more.

A GenForum posting by Bonnie Rapert tells us the following:

George Galphin was a Creek trader, born in Ireland in 1709. He was in South Carolina in 1739 and settled at Silver Bluff, below Augusta on the east side of the Savannah River. By 1746 he was trading with the Creek Indians from Coweta. In 1794 he was described, along with Lachlan McGillivray and John Pate, as a partner in the trading firm of Brown, Rae, and Company. In 1775, the year that trader James Adair dedicated his HISTORY OF THE INDIANS to him and McGillivray, George ws appointed South Carolina’s Commissioner of Indian Affairs. Two years later, he visited the noted naturalist William Bartram. George Galphin at Silver Bluff on December 2, 1780. Historian T. S. Woodward wrote that Galphin “raised a large family; and of the five varieties of the human family, he raised children from three, and would no doubt have gone whole hog, but the Malay and Mongol were out of his reach”.

Galphins wives and concubines included:

1. Bridget Shaw, a white, whom he married on July 1, 1742 at St. Phillips’ Parish.
2. Sapho, a slave
3. Nitehucky, an Indian
4. Rachel Dupee, a white, who died at Placentia, Georgia on October 31, 1795.
5. Metawney, the daughter of Tustenugee Micco, the great Warrior of the Coweta’s.

Gilpin was the father of:

1. Barbara Galphin ( her mother was Sapho) She was given a land grant near Augusta in 1775 which was bounded on one side by Lachlan McGillivray, and on another the Savannah River.
2. Rachel Galphin ( her mother was Sapho)
3. Betsey Galphin ( her mother was Sapho)
4. Rose Galphin ( her mother was Nitehucky )
5. Thomas Galphin ( his mother was Rachel) born in 1762. Served in Capt. Partick Carr’s Loyalist Rangers in Burke County, Georgia 1781 – 1782, along with his brother, George. He was a planter in Barnwell District South Carolina when he died on May 5, 1812. He married Sarah who died November 6, 1802. He had children named; George ( born 1789, died 1807), George, Milledge ( who married Eliza Ardis in 1819), and Martha, who married Capt. Timothy Barnard on October 7, 1800.
6. Martha Galphin ( her mother was Rachel) She married John Milledge who served as Georgia’s governor from 1802 to 1806. She died at Sand Hills near Augusta on November 5, 1811. John died there on February 9, 1818.
7. George Galphin (his mother was Metawney) He served as a private in Capt. Patrick Carr’s Loyalist Rangers in Burke County, Georgia in 1781 – 1782. Married a woman named Frances.
8. Judith Galphin (her mother was Metawney)
9. John Galphin ( his mother was Metawney ) Was the Speaker of the Lower Creeks in 1789. In 1793 he attacked and robbed several traders near St. Mary’s apparantly because Georgians had confiscated some 40,000 acres of his Tory father’s estate.

George Galphin wrote his will on April 5, 1776, providing for his family and many others, including David Holmes, the son of his sister, Margaret, and his trading partner until David’s death at Pensacola in 1779, his sisters Judith Galphin, Margaret Holmes, Mrs. Young who was in Ireland, and Martha Crossley, the wife of William Crossley, to Timothy Barnard, and to all the “poor widows and fatherless children within 30 miles of my home”, as well as to “all the orphan children I have raised, to the poor of Eneskilling and Armagh in Ireland, to John McQueen and his brother Alexander Galphin, and to Parson Seymour and his wife.”

Source of this info:

1. Who Was Who Among the Southern Indians 1698 – 1907, by Don Martini,(book) published 1997, pages 271 – 272
2. English Crown Grants, (book)by Hemperley
3. Adiar’s History (book)
4. Men of Mark in Georgia ( book) Vol 1:99
5. South Carolina Marriages ( book)
6. Abbeville District Wills and Bonds, pages 128 – 129
7. Georgia Intestate Records
8. Men of Mark in Georgia ( book ) M.B. Warren pages 262 – 269

So, yes, indeed, there was much more to the story and now, the story makes sense.  George Galphin left his estate to his children, some of which either were or had been his slaves, or there was some legal question thereof and he made sure to remove any question.  Other children were highly placed within the Creek Nation.

Given the number of children he had, there is certain to be Irish Galphin DNA in the Creek Nation today, especially Y DNA in his direct paternal male descendants, by whatever surname they might have eventually have adopted.

You can see some of his descendants at this link.

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Indigenous Law Portal

indigenous law portal

Recently, the Library of Congress introduced the Indigenous Law Portal as a gathering place for legal documents pertaining to the indigenous people of the Americans.  Today, they are working on the US states, but they will be adding Canadian First Nations information next.

To try the new portal and to search for documents by state, for example, click on this link, then click on the state you are interested in.

Here’s what is offered, so far, for Maine.  Enjoy!

Houlton Band of Maliseet Indians

Métis Nation of New England

Passamaquoddy Tribe (Indian Township)

Passamaquoddy Tribe (Pleasant Point)

Penobscot Nation

Previously Penobscot Tribe of Maine

Aroostook Band of Micmacs

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Edward Curtis, Shadow Catcher, Photographer of Native Americans


Many of the images we have of Native Americans today, we have only thanks to Edward Sheriff Curtis (1868-1962), a man with a mission.  His life work was to photograph and document the Native American Indian and their disappearing culture.

Curtis was fascinating by photography and built his first camera at age 12.  He photographed everything. In 1891 Edward moved to Seattle and bought a share in a photography studio with Rasmus Rothi and opens “Rothi and Curtis, Photographers.” He won the bronze medal at the National Photographers Convention in Chautauqua, New York in 1896. July 1900 saw Curtis in Montana with the Plains Indians. This experience solidified Curtis’ will to begin to document the North American Indian in earnest. Curtis was invited by President Theodore Roosevelt to be the Whitehouse photographer in June 1904. It was from this point he dedicated his life to The North American Indian project. By 1928 publication of “The North American Indian” totaled 18 volumes and over 40,000 photographs.

Curtis Hupa woman

His photographs, and the truth inherent in them, are stunning, astounding, poignant and humbling as we watch a culture disappear from the distance of a century.  His own story, a very sad one.

MessyNessy wrote about Curtis’s life here.  He may have been both unappreciated and uncelebrated within his own lifetime, but we would be greatly diminished, as would the Native people, without the photographic body of his lifelong work and dedication.  He was, and is, an American hero.  Rest in Peace, knowing you answered the call, Edward Curtis.

You can see the images from his now legendary book, The North American Indian, at Northwestern University’s Collection here.


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Indian Land Cessions Maps

This collection provides maps of the land cessions made by American Indian Nations during the interval between the formal establishment of the United States and 1894.

It consists of all sixty-seven maps from Indian Land Cessions in the United States, compiled by Charles C. Royce and presented as Part 2 of the Eighteenth Annual Report of the Bureau of American Ethnology to the Secretary of the Smithsonian Institution, 1896-97.  The Report was printed by the Government Printing Office in 1899.

Unfortunately, it does not include any of the earliest cessions, before the Revolutionary War.  This means that Virginia, for example, and most of North Carolina are missing from the maps.  However, in many states, locations of current and former villages are clearly marked, such as this map of Indiana.

Indiana Cessions

Hat tip to Yvonne for the link to the maps.

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Augusta County, VA Homicides Involving Indians

From the paper, “Augusta County Homicides” on the server.

The following three homicides are recorded and extracted from various records as having occurred in Augusta County and involving Indians.

I wonder if Standking Turke is Standing Turkey, misspelled.


1742, Dec. 18                                                              Augusta Co.

Class:   do not count


Rela:    NONDOM



Time of day:

Days to death:

WAR:  French & Indians v. English settlers.  Indians lost 8 or 10 men; English lost Capt. McDowell (of the Augusta Co. militia) & 8 or 9 men.

Legal records:

Council, 12/31/1742:  a body of Indians with some white men (supposed French) killed & carried off the settlers horses.  Militia mustered.  Came up on them & sent forward a man “with a signal of Peace which man they killed on the Spot & fired on the white People which they returned.”  45 minute battle.  Council orders mobilization of militias in Orange & Fairfax counties, relief to the widows of the slain, etc.  (112-113)

Wilmer L. Hall, ed., Executive Journals of the Council of Colonial Virginia (Second Edition), v. 5:  Nov. 1, 1739-May 7, 1754 (Richmond:  Virginia State Library, 1967), 112-113.


BGAZ 12/10/1759 (M):  WAR in VA:  Augusta Co.  dtl Williamsburg, 11/9:  informed from Carr’s creek in Augusta Co, that on 10/10, a party of Indians with 2 Frenchmen appeared in that neighborhood.  “They murdered, with shocking Barbarity, ten Persons, men Women, and Children, took 11 Prisoners, burnt six Farms, killed the Cattle, and carried off all the Horses, loaded with the Goods of the People killed and captivated.”


1765, May 8                                                                Augusta Co.

Class:   certain


Rela:    NONDOM

Motive:  REVENGE

HOM:  Englishmen m. one Cherokee chief & Choconante (a young fellow, son of the Standking Turke, who was for some time chief of the Cherokee Nation) & 4 other Cherokees, near Staunton, in the morning.

HOM RETALIATION:  a few days later, two of the surviving Cherokee m. an old blind man & his wife near Staunton.

Circumstances:  outhouse on the plantation of John Anderson / victim’s home

Indictment:  no

Court proceedings:  escaped from custody / fled

Legal records:

John Pendleton Kennedy, ed., Journals of the Burgesses of Virginia, 1761-1765 (Richmond, 1907), xx-xxiv.

Scott, Criminal Law in Colonial Virginia, 90-1.


Letter from Col. Andrew Lewis to Governor Francis Fauquier, d. Augusta Co., 5/9/1765:  On 5/5 a party of Chrokees came from “our frontiers” to Staunton, “some of them I was perfectly acquainted with.”  Told AL they intended to go to Winchester & asked for a pass, “as they were from thence to go to war against the Ohio Indians, and was to meet some other warriors beyond Fort Cumberland.  The want of an Interpreter prevented my making them sensible that their travelling thro’ our country, even with a pass, where they might not be known, would be attended with danger on their part.  However on finding them determined to go, after they had refreshed themselves two nights, they were provided with proper colours and a pass..  There was ten in number their two principal men’s names was Nocoknowa and Chocanantee.  They marched about five miles and lodged in an outhouse on the plantation of one John Andersons.  Yesterday morning as soon as it was light a party of villianous bloody minded rascals, notwithstanding they knew they were Cherokees and had a pass, attacked them in the most treacherous manner, killed their Chief and four more on the spot, and wounded two more.”  The five who escaped have “taken the woods” and are doubtless returning home.  AL sent a letter via Col. Chiswell to the Over the Hill Towns (from which the party came) asking the Cherokee not to go to war & promising them “that your Honour will undoubtedly take every just means to give them satisfaction by ordering the murderers to be apprehended and put to death, and desire them to take no rash steps.

From what I can learn the number of the villians [sic] that committed this murder is between 20 and 30; the names of the two ringleaders is William Cunningham and John King; one of the party was wounded by an arrow, to wit James Clendening; he was taken & afterwards rescued by the others before he reached the goal.  No doubt but it will be your Honour’s pleasure that those fellows may be brought to justice, and will send me instructions what steps to take, with warrants signed by your Honour.  Inclosed you have a copy of the ltter I sent to the Chiefs of the Over Hill Towns.”  (xx)

Letter from Gov. Francis Fauquier to Col. Andrew Lewis, d. Williamsburg, 5/14/1765:  re:  “your letters containing the melancholy account of the barbarous attack on the Cherokee Indians . . . .”  Laid them immediately before the Council & House of Burgess, who were then sitting.  “You can better conceive than I describe the shock they received at the news, and the abhorrence and detestation they expressed of so inhuman an action.  They dread bad consequences and have taken all possible measures in their power to avert them.  If this is the conduct of your young men, with what face can they complain of Indians who are more than Indians themselves?  Can they produce greater instances of brutality and perfidy among the most barbarous Nations?  Yet I imagine if any Indians should appear on our frontiers they would be among the first to call for protection, and by militia to put this Colony to the expence of twenty or thirty thousand pounds to defend them.  I would ask themselves whether they deserve protection?  and if hereafter they should be left to fight their own quarrels with the Indians without the lower parts of the Colony interfering in their disputes, they have no one to blame but themselves.  I wish your County were made sensible of the risque they run of losing their property if not their lives by following and permitting these atrocious practices.  But it is time to quit the disagreeable part of this affair, and see what is to be done to stop the impending dangers which threaten us.”  Supports the “prudent measures” AL has taken — tells him to “spirit up all the other Magistrates to use theirs” to apprehend “the rest of these villians, and when an examining Court (as the law directs) has been held upon them, to raise and arm as many men as you can safely depend upon, and as are necessary to escorte them down to this gaol, to prevent a risque.”  Asks AL to disperse (distribute) the Gov’s proclamation & the Resolve of the House of Burgresses.  Gov. has sent Abraham Smith with an express letter to the Cherokees.  Tells AL to tell the high sheriff of the county, Silas Hart, that it is the Governor’s “earnest desire that he would himself impannel a jury to try these Criminals, out of the Gentlemen of the County which are most distinguished by their property knowledge impartiality and integrity; and not leave it to the Under Sherif, who may probably summon ignorant men who have little property or no property to lose, and of course hav less reason to dread as they have less ability to foresee consequences.”  Obliged to AL for the “zeal” he has “exerted on this occasion.”  (xxi)

Gov. Francis Fauquier to the Cherokees, sent express, d. Williamsburg, 5/16/1765:  expresses sympathy, promises action.  (xxii)

Col. Andrew Lewis to Gov. FF, d. Augusta Co., 6/3/1765:  Editor says:  AL had arrested 3 of the suspects, but one was rescued & the other 2 were given their freedom by the jailor, in whose custody they were entrusted.

AL says he had taken James Clendening and Patrick Duffy, but JC was rescued before he reached the prison.  PD was in prison 3 nights, but on the 4th “not less than one hundred armed men posted themselves round the prison, some of them entered the house of the gaoler and demanded the key of the prison; it being refused them, they, after using some violence and many threats, with axes broke the Prison door and carried off the said Duffy, declaring . . . that they had most of the County to back them, and that they would never suffer a man to be confined or brought to justice for killing of Savages.”

Depositions taken.  Have identified some of those involved in the murders:  William Cuninghame & John King were the “ringleaders”; William Young, James Cledening, Alexander Robertson, Patrick Duffy, Charles Baskins, Hugh Baskins, & William Anderson were among the party.  Warrants made out, but says he must jail suspects directly at Wmsb, because he can’t hold them in jail in Augusta Co.

Near the place of the murder, another Cherokee found dead:  a young fellow called Choconante, son of the Standking Turke, who was for some time chief of the Cherokee Nation.  Fears the Cherokee will look for satisfaction “in their own way.”  “However in justice to the people that live on our frontiers I must say they had no hand in it.  When they first discovered the Indians they collected some armed men, whoe went to the Indians, and on their finding them to be by all likelyhood Cherokees, they not only suffered them to pass to Staunton, but sent from place to place a white man with them.

Some days after the murder was committed, a poor unhappy blind man and his wife was killed by two of the Indians that made their escape.  This indeed is noi more than what I expected, that they would behind them a mark of resentment.”

A proclamation issued by the “Augusta Boys” on June 4, 1765, offering a reward of 1000 l. for the arrest of Col. Andrew Lewis, & claiming the murders were justified, since the victims were not Cherokee, but Shawnee & Delaware.

”  We Augusta Boys in heart are and do profess ourselves His present Majesty’s (King George the Third) true and leige subjects, and unhappy we being on this very verge of His Majesty’s Dominion, have, by the unparalleled deceit of an infidious and ruel heathen enemy been repeatedly distressed, and find it impracticable to maintain the legal rights granted us by HIs Majesty, and think it expedient to act in the offensive when any of those our known enemies presumes under the pretence of friends (without a warrantable pass) to pass among us.”  Claims that some of the party of ten they recently attacked was “known and proved to be” Shawnee & Delaware.”

Offer 1000 l. to bring Col. Andrew Lewis to justice; 500 l. each for Dr. William Fleming & Capt. Wm Crow of Staunton.  “And we do further offer a pardon to Lieut Michael Thomas and Luke Bowyer if they, each for himself provide a string of beads &c. that they may live as formerly without depending alone on the smiles of Col. Lewis, otherwise let them instantly repair out of our Sovereign’s Dominions to that of their desired French King.

Our hearts are true unto our Kings.

And means all rebels down to bring.”  (xxiv)

Editor:  (xxiv):  Gov. Fauquier wrote to the Board of Trade on 6/14/1765 admitting that the Colony did not possess the strength to enforce the law in Augusta Co.  He further stated that [in ed's words] “the wiser course to pursue was to be extremely prudent, rather than attempt vigorous action in Augusta County.”  A nearly universal feeling in that section that the presence of the Indians was intolerable; & the Gov. noted that the Paxton Boys of Pennsylvania had sent a message to the people of Augusta Co. saying that if they were not strong enough to rescue the persons arrested for murdering Indians, that assistance would at once be forwarded from Pennsylvania.  The conflict did not end until 1775, when all the disputed territory became Crown lands.

John Pendleton Kennedy, ed., Journals of the Burgesses of Virginia, 1761-1765 (Richmond, 1907), xx-xxiv.

“Fearing the political consequences of an unwarranted acquittal,” Gov. Fauquier asked the high sheriff to impanel a jury composed of ‘Gentlemen of the County who are most distinguished by their property knowledge impartiality and integrity.’  Feared ‘ignorant men who have little or no property to lose, and of course have less reason to dread as they have less ability to foresee consequences.’

Scott, Criminal Law in Colonial Virginia, 90-1.

Council, Minutes, 5/13/1765:  Letter from Col. Andrew Lewis “giving a relation of some Cherokees being murdered by our people etcetera.”  Reward for capture of the “promoters” of the said murder & for those “aiding therein.”  (683)

Proclamation, 5/13/1765:  The victims were members of a party of Cherokees murdered on their way from Staunton (in Augusta Co.) to Winchester.  Had received a pass from Col. Lewis for that purpose.  Proclamation uses strong language to condemn the murders.  (600)

Benjamin J. Hillman, ed., Executive Journals of the Council of Colonial Virginia, v. 6:  June 20, 1754-May 3, 1775 (Richmond:  Virginia State Library, 1966), 600, 683.


CC, 6/17/1765:  dtl Philadelphia, 6/6:  HOM in VA:  hear from Virginia that a party of Cherokee Indians had arrived at Stanton, in Augusta Co., on their way to Winchester, having a pass from Col. Lewis.  On their way thither, attacked by upwards of 20 men:  their chief, with 4 more Indians, were killed, & 2 others wounded.  Proclamation:  reward offered for murderers.

Accused:         unknown Englishmen & Indians

Victims:  6 Cherokees and 2 Englishmen (an old blind man & his wife)

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