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Voting Rights: Justice Alito's False, Partisan Facts

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All Roads Led from Rome: Facing the History of Cherokee Expulsion

...ferries, etc. delineated correctly and faithfully." The maps were atlases of opportunity for speculators and entrepreneurs. Enterprising Georgians promoted themselves as land appraisers, guides, innkeepers, attorneys, and merchandizers in the...

References
1.	George Magruder Battey, Jr., A History of Rome and Floyd County, State of Georgia, United States, Including Numerous Incidents of More Than Local Interest, 1540–1922 (Atlanta, GA: The Webb and Vary Co., 1922), 33–4; Jerry R. Desmond, Georgia's Rome: A Brief History (Charleston, SC: The History Press, 2008), 28–30. Author of the popular history of the city and county, Battey was the son-in-law of founder William Smith. On Dec. 21, 1833, the Georgia General Assembly incorporated Livingston as a town and designated it the county seat of recently-formed Floyd County: Acts of the General Assembly of the State of Georgia, 1833 (Milledgeville: Polhill and Fort, 1834), 321–22 (hereafter Ga. Acts).
2.	Battey, History of Rome, 33–4.
3.	Ga. Acts, Dec. 26, 1831 (Milledgeville, GA: Prince and Ragland, 1832), 74–6. The state added portions of Habersham and Hall counties, which had been acquired from the Cherokees in the Treaties of 1817 and 1819, to Cherokee County and then subdivided the entire area into nine additional counties: Historical Atlas of Georgia Counties, http://georgiainfo.galileo.usg.edu/histcountymaps/index.htm; Ga. Acts, Dec. 3, 1832, http://neptune3.galib.uga.edu; Daniel Haskel and J. Calvin Smith, A Complete Descriptive and Statistical Gazetteer of the United States of America (New Haven: Hitchcock and Stafford, 1843), 216; Ga. Acts, Dec. 21, 1830 (Milledgeville: Camak and Ragland, 1830), 127–145; Field Notebooks, Survey Records, Cherokee County, Georgia Surveyor General, RG 3-3-3, Georgia Archives, Morrow, GA.
4.	The legislature introduced the lottery system following the infamous Yazoo frauds of the 1780s and 90s in which General Assembly members sold millions of acres of Georgia's western lands to speculating companies. The 1795 sale included bribes to legislators, state officials, and other prominent Georgians. See C. Peter Magrath, Yazoo: Law and Politics in the New Republic (Providence, RI: Brown University Press, 1966); George R. Lamplugh, "Yazoo Land Fraud," New Georgia Encyclopedia, Sept. 14, 2015.
5.	Among the winners were Philip W. Hemphill, then of Jackson County, who won a lot on the Oostanaula River in what became Murray County, and William Smith, possibly the same as the fourth founder, who won a lot on the same river in the same county: James F. Smith, The Cherokee Land Lottery (New York: Harper and Brothers, 1838), 245, 257; Farris W. Cadle, Georgia Land Surveying History and Law (Athens: University of Georgia Press, 1991), 278; Hoyt Bleakley and Joseph P. Ferrie, "Up From Poverty? The 1832 Cherokee Land Lottery and the Long-run Distribution of Wealth," National Bureau of Economic Research working paper 19175, June 2013, http://www.nber.org/papers/w19175. There were no gold lots in Floyd County.
6.	Gold & Land Lottery Register (Milledgeville, GA: Grieve and Orme, 1833); Prizes Drawn in the Cherokee Gold Lottery of the 1^st, 2^nd, and 3^rd Quality, with their Improvements and Drawer's Name and Residence (Milledgeville, GA: M. D. J. Slade, 1833); Robert S. Davis, Jr., The 1833 Land Lottery of Georgia and Other Missing Names of Winners in the Georgia Land Lotteries (Greenville, SC: Southern Historical Press, 1991).
7.	The 1835 Cherokee census, undertaken by the federal government in anticipation of removal, enumerated 8,945 Cherokees in Georgia. Inaccuracies and contradictions derived from the refusal of some Cherokees to participate, the movement of families across state lines to avoid conflict or persecution, voluntary emigration after the census but prior to the expulsion, and deaths: "The 1835 Cherokee Census," Monograph Two, Oklahoma Chapter Trail of Tears Association (Park Hill, OK: 2002), 66.
8.	Battey, History of Rome, 33–4.
9.	The Cherokee Phoenix, Nov. 24, 1832, reprinted in "From the Cherokees," The Pittsburgh Weekly Gazette, Jan. 11, 1833, 2, http://www.newspapers.com; The Cherokee Intelligencer, Feb. 23, 1833, 1, March 9, 1833, 4, and May 11, 1833, 1, Grisham-Magruder Newspaper Collection, Unprocessed Manuscript Collection Number 2001, 57, Kenan Research Center, Atlanta History Center, Atlanta (hereafter G-M Collection, AHC).
10.	Among many, see William J. Tarvin's offer to supply surveyors at New Echota, April 3, 1832, 3, John Dawson's advertisement for his inn at the house known as Cherokee Sally Hughes's place, Sept. 14, 1832, 4, John Powell's offer to test gold lots for lottery winners, Nov. 24, 1832, 3, and James Nisbet's announcement of his law practice in Vann's Valley, Floyd County, April 20, 1833, 3, all in The Southern Banner, http://athnewspapers.galileo.usg.edu.
11.	"Message of the Governor to the General Assembly, Nov. 5, 1833," in The Western Herald, Nov. 16, 1833, 4, G-M Collection, AHC.
12.	The 1802 Compact between the federal government and the state of Georgia provided for federal extinction of Indian land title in exchange for state relinquishment of its western lands. No other state had such a compact. Chief Justice John Marshall handed down the Worcester v Georgia landmark decision on March 3, 1832. Condemning Georgia's laws as "repugnant to the Constitution, laws, and treaties of the United States," the decision confirmed the independent political status of Indian nations, which made their consent to land cessions a legal imperative. For a useful discussion, see Jill Norgren, The Cherokee Cases: The Confrontation of Law and Politics (New York: McGraw-Hill, 1996).
13.	See, for example, John Ridge to Wilson Lumpkin, Sept. 22, 1833, http://neptune3.galib.uga.edu. Ridge's letter was "of course, not for publication."
14.	Justice John McLean met with John Ridge to inform him that Jackson would ignore the decision: see John Ross to William Wirt, June 8, 1832, The Papers of John Ross, Vol. 1, 1807–1839, ed. Gary E. Moulton (Norman: University of Oklahoma Press, 1985), 244–45 (hereafter Moulton, ed., Ross Papers); "Memorial of a Council held at Running Waters, Nov. 28, 1834, 23^rd Cong., 2^nd Sess., Doc. 91, 1–19.
15.	The Cherokee Intelligencer, July 20, 1833, 3, G-M Collection, AHC; Thurman Wilkins, Cherokee Tragedy: The Story of the Ridge Family and of the Decimation of a People (New York: Macmillan Co., 1970), 246–47. Wilkins points out that federal agents arrested Ross's supporters who started the attack, binding them over to the Floyd County court.
16.	See, among many other reports of threats, Z. B. Hargrove to Wilson Lumpkin, June 19, 1835, Louise Frederick Hays, comp., Cherokee Letters, Talks, and Treaties (Typescript, Georgia Archives: 1941), 303 (hereafter Hays, comp., Cherokee Letters, GA); Ga. Acts, 1834 (Milledgeville, GA: P. L. and B. H. Robinson, Printers, 1834), 294.
17.	Reported in Columbus Enquirer, Oct. 23, 1835, 3, http://enquirer.galileo.usg.edu.
18.	Z. B. Hargrove to Governor Lumpkin, June 19, 1835, in Hays, comp., Cherokee Letters, GAs, 303–04; Battey, History of Rome, 211, 248 (Battey attributes the hanging to William Smith whose term as sheriff had recently expired); John Ridge to Eliza Northrup, Nov. 1, 1836, American Board of Commissioners, 18.3.1, v. 7, Item 116, in Paul Kutsche, Guide to Cherokee Documents in the Northeastern United States (Metuchen, N. J.: Scarecrow Press, 1986), No. 3137, 238. Although most of these victims cannot be identified with certainty, the 1835 Cherokee census includes an individual named Swimmer on the Etowah River and on nearby Shoal Creek a man named Tarrapin: "Cherokee Census," 37.
19.	Before emigrating in 1829, Ave Vann received payment from the government for his property, which his son Charles continued to occupy. The same year, the state rented Vann's possessions to James Hemphill, who displaced Charles: Cherokee Valuations, Georgia, RG 75, T496, Reel 28, 40, GAs. See also Jeff Bishop, "The Vann Cherokee Cabin" in "Georgia Cherokee Structures," unpublished manuscript for the National Park Service, 15–16.
20.	William H. Cleghorn to Wilson Lumpkin, June 25, 1833, TCC857, http://metis.galib.uga.edu. Cleghorn earned $124 for 31 days service as Indian agent: Ga. Acts, 1834 (Milledgeville, GA: P. L. and B. H. Robinson, Printers, 1834), 22. No response to Cleghorn's inquiry has been located.
21.	"An Act to Provide for the Government and Protection of the Cherokee Indians," Georgia Acts, Dec. 20, 1833 and "An Act to Authorize the Issuing of Grants," Dec. 21, 1835, both in Digest of the Laws of the State of Georgia, comp. Oliver Hillhouse Prince (Athens, GA: Published by the Author, 1837), 154, 283 (hereafter Prince, comp., Georgia Digest).
22.	Tekahlesahtuhskee Claim 29, Penelope Johnson Allen Collection, University of Tennessee Libraries, Special Collection, MS. 2033, M 4, Nashville; Cherokee Valuations, Georgia, RG 75, T496, Reel 28, 41, GAs., 41, GAs. I am grateful to Michael Wren for providing the claim from the Allen Collection as well as additional archival data relating to Cherokee history.
23.	Claims of Alley Raincrow and Kolkahlosky, Marybelle W. Chase, comp., 1842 Cherokee Claims, Skin Bayou District (1988): 173–74, 81; Claims of Eagle Buffalofish and Clay, ibid., 1842 Cherokee Claims, Saline District, Vol. 2 (1992), 156–61 and 302–04; Claim of Teyane (a Creek woman), ibid., 1842 Cherokee Claims, Going Snake District (1989), 317–18; Mission to the Cherokees Annual Report, American Board of Commissioners for Foreign Missions, Vols. 23–26, 103; Evaluation of Cabbin Smith's widow Jinny, Nov. 18, 1836, RG 75, Cherokee Valuations, Georgia, T496, Reel 28, 83–4, GAs.
24.	John Ridge to John Ross, Feb. 2, 1833, in Moulton, ed., Ross Papers, Vol. 1, 259–60.
25.	Claim of Alex Tull, Chase, comp., Cherokee Claims, Saline District, Vol. 1, 207.
26.	Cornelius Terhune, July 8, 1837, personal notes in possession of Donna Baldwin. I am grateful to Donna Baldwin for providing a copy of Terhune's notes from her family records.
27.	George N. Lavender to John Ridge, May 3, 1836, in Battey, History of Rome, 212; Big Nitts Claim, Chase, comp., 1842 Cherokee Claims, Flint District, Vol. 1 (1991), 114–17.
28.	Sec. of State Commission Book 277/34, p. 128, in "History," Floyd County Sheriff's Office, http://www.floydsheriff.com.
29.	A review of lottery maps indicates a total of 2,100 Floyd County lots: Smith, Cherokee Lottery, 274–96.
30.	Lot 244 in the 3^rd Section of the 21^st District: Gold and Land Lottery Register, 250.
31.	Indian agent William Springer notified the governor in 1834 that Ross's improvements extended onto Lots 237 and 243 as well as across the Coosa River. His home was located in Lot 244: William G. Springer to Governor Lumpkin, Feb. 5, 1834, Hays, comp., Cherokee Letters, GAs, 264–65; Moulton, ed., Ross Papers, Vol. 1, 130.
32.	Cherokee Register of Valuations, RG 75, M 574, Reel 8, File 5, 501–02, National Archives.
33.	Roger Aycock, "Control of Floyd Ferries," Rome News Tribune, Nov. 28, 1971, 9.
34.	Wesley Shropshire to Editor, Dec. 1, 1891, reprinted in Roger D. Aycock, All Roads to Rome (Roswell, GA: W. H. Wolfe, 1981), 46. Shropshire was elected sheriff in 1838: Sec. of State Commission Book 277/34, in "History," Floyd County Sheriff's Office, http://www.floydsheriff.com.
35.	Pierce won Lot 245 in the 3^rd Section of the 21^st District on the 79^th day of the drawing, Feb. 8, 1833: Gold and Land Lottery Register, 343.
36.	Desmond, Georgia's Rome, 32.
37.	John Ross to William H. Underwood, Aug. 12, 1834, in Moulton, ed., Ross Papers, Vol. 1, 300–01; Mary Young, "The Exercise of Sovereignty in Cherokee Georgia," Journal of the Early Republic 10, no. 1 (Spring 1990): 43–63. State newspapers of 1834 and 1835 carried numerous articles about the conflict between Cherokee Circuit Judge John W. Hooper and Lumpkin.
38.	John Ross and Family v. Philip W. Hemphill, William Smith, Zachariah B. Hargrove, Daniel R. Mitchell, Terrell Mayo, and John H. Lumpkin, October, 1834, in Moulton, ed., Ross Papers, Vol. 1, 313. Roger Aycock states the suit was brought Aug. 16, 1834: Aycock, "Floyd Ferries," Rome News Tribune, Nov. 28, 1971. The suits were dismissed: Barron and Irwin, Attorneys' Claims, RG 75, E 235, 1834, National Archives.
39.	Judge Hooper issued numerous injunctions on behalf of Cherokees. See Lumpkin, "Annual Message 1834," and Lumpkin to William N. Bishop, Dec. 23, 1834, Wilson Lumpkin, The Removal of the Cherokee Indians From Georgia, Vol. 1 (New York: Dodd, Mead and Co., 1907), 145–50, 271–3 (hereafter Lumpkin, Removal).
40.	Founder Z. B. Hargrove represented the state in its investigation. House Resolution, Ga. Acts, 1834, 338–39; "The Hooper Case," The Southern Banner, May 20, 1835, 1–2, http://athnewspapers.galileo.usg.edu. Lumpkin's address to the legislature regarding Judge Hooper is reported in The Southern Banner Nov. 8, 1834, 2–3, http://athnewspapers.galileo.usg.edu. Hooper's term expired before the report, which supported his rulings, was released.

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