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Separate and Unequal Schools: The Past Is Future

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References
1.	The unique 1802 Compact between Georgia and the federal government settled Georgia’s claim to its western land beyond the Chattahoochee River in return for a pledge to extinguish Indian title to lands within the state’s claimed boundaries. The Cherokee Nation’s claim to an overlapping portion was guaranteed by a series of treaties with the federal government.
2.	One such example is George Gordon Ward’s The Annals of Upper Georgia Centered in Gilmer County (Nashville: The Parthenon Press, 1965) which misidentifies the companies and captains at Fort Hetzel and the local militia captain, assigns joint command of Cherokee removal to the three US officers who served sequentially, misstates the date removal began, and overstates the number of Cherokees sent from Fort Hetzel, the number removed from Gilmer County, and the number sent to Indian Territory.
3.	Two recent studies provide useful correctives for two removal posts: Stephen Neal Dennis, A Proud Little Town: LaFayette, Georgia 1835–1885 (LaFayette, GA: Walker County Governing Authority, 2010), 191–313; John W. Latty, Carrying Off the Cherokee: History of Buffington’s Company, Georgia Mounted Militia (published by author, 2011). It is a pleasure to acknowledge the uncommon generosity of both authors and recognize Stephen Neal Dennis’s summaries and expert guidance through military records in the National Archives.
4.	John Mitchell’s 1775 map, reprinted in part by John Swanton for the Bureau of American Ethnology, shows Ellijay north of Kittuwha, the Cherokee mother town in present-day North Carolina: "The Southeastern Part of the Present United States from the Mitchell Map of 1755," Bureau of American Ethnology Bulletin 73, Plate 6, back papers (Washington: Government Printing Office, 1954). James Mooney identifies four such towns, one in South Carolina on the Keowee River, one in North Carolina on Ellijay Creek of the Little Tennessee River, a third in Tennessee on Ellejoy Creek of Little River, and the fourth in Gilmer County, Georgia: James Mooney’s History, Myths, and Sacred Formulas of the Cherokees (Asheville, NC: Historical Images, Bright Mountain Books, 1992), 517. See also The Payne-Butrick Papers, ed. William L. Anderson, Jane L. Brown, and Anne F. Rogers, vol. 2 (Lincoln: University of Nebraska Press, 2010), 224. Francis Varnod, "A True and Exact Account of the Number and Names of All the Towns Belonging to the Cherrikee Nation," in Peter H. Wood, Gregory A. Waselkov, and M. Thomas Hatley, eds., Powhatan’s Mantle: Indians in the Colonial Southeast (Lincoln: University of Nebraska Press, 1989), 62.
5.	Varnod, 62.
6.	"Journal of Colonel George Chicken’s Mission from Charleston, S.C. to the Cherokees, 1726," in Newton D. Mereness, ed., Travels in the American Colonies (New York: The Macmillan Co., 1916), 110–11, 126.
7.	Christopher French, "An Account of the Towns in the Cherokee Country with Their Strengths and Distance," in Journal of Cherokee Studies 2 (Summer 1977): 297; Christopher Gadsden, "A Particular Scheme of the Transactions of Each Day…from the 7th of June…to the 4th of July When They are Supposed to Return to the Dividings," Beinecke Rare Book and Manuscript Library, Yale University.
8.	Bartram listed the Tennessee, Savannah, Tugalu, and Flint Rivers: Gregory A. Waselkov and Kathryn E. Holland Braund, eds., William Bartram on the Southeastern Indians (Lincoln: University of Nebraska Press, 1990), 88. See also Betty Anderson Smith, "Distribution of Eighteenth Century Cherokee Settlements," in The Cherokee Nation: A Troubled History, ed. Duane King (Knoxville: The University of Tennessee Press, 1979), 46–60.
9.	See J. G. M. Ramsey, The Annals of Tennessee to the End of the Eighteenth Century (1853. Reprint. Johnson City, TN: The Overmountain Press, 1999), 270–73.
10.	An unpublished history of the family of Samuel Smith mentions his visit to Ellijay in Georgia in the 1780s: "Something About Some Smiths: An Account of Part of the Samuel Smith Family Dating from 1730 and Ending 1969," 9. I am grateful to Jeff Bishop for providing me with a copy of this family history.
11.	Cherokee County Section 2, District 11, District Plats of Survey, Survey Records, Surveyor General, RG 3-3-24, Georgia Department Archives and History (hereafter cited as GDAH); James B. Henson advertisement, Western Herald, March 21, 1834, and Report of Mail Routes, The Western Herald, April 18, 1834; James J. Field to A. R. Hetzel, 27 March 1838, RG 92, Entry 352, Box 3, National Archives (hereafter cited as NA).
12.	See William G. McLoughlin and Walter H. Conser, Jr., "The Cherokee Censuses of 1809, 1825, and 1835," in William G. McLoughlin, Walter H. Conser, Jr., and Virginia Duffy McLoughlin, The Cherokee Ghost Dance: Essays on the Southeastern Indians, 1789–1861 (Macon, Ga.: Mercer University Press, 1984), 215–250.
13.	"1835 Cherokee Census," Monograph Two (Park Hill, Ok: Trail of Tears Association Oklahoma Chapter, 2002), 41–42.
14.	Charles Hicks to Alexander McCoy and Nathan Hicks, 1824, MS 2033, Penelope Johnson Allen Collection, Hoskins Special Collections Library, University of Tennessee, Knoxville.
15.	See Mooney’s History, 113–14; William G. McLoughlin, Cherokee Renascence in the New Republic (Princeton: Princeton University Press, 1986), 191–92, and Cherokees and Missionaries, 1789–1839 (New Haven: Yale University Press, 1984), 213–38.
16.	In the same era Cherokees adopted a constitution establishing a republican form of government and a nation-wide judicial system (1827). Having declared their sovereignty and national boundaries the Cherokee Nation challenged Georgia’s actions in two Supreme Court cases (1830, 1832). The court declined to rule in the first case. Although the Cherokees prevailed in the second (Worcester v. Ga.), the federal government’s executive branch refused to enforce the decision.
17.	William Hardin to Wilson Lumpkin, 29 March 1832, in Mrs. J. E. Hayes, comp., Cherokee Letters, Talks, and Treaties, GDAH, 340.
18.	See Sarah H. Hill, "'To Overawe the Indians and Give Comfort to the Whites:' Preparations for the Removal of the Cherokee Nation from Georgia," Georgia Historical Quarterly 95, no. 4 (Winter 2011): 465–97.
19.	"Atrocious Injustice," Cherokee Phoenix, May 18, 1833. See also Stephen Griffeth to George R. Gilmer, 25 February 1838, Georgia’s Virtual Vault, General Name File, Gilmer, George R., GDAH. For a story from the Georgians see "Indian Difficulty," a Western Herald, November 16, 1833 report that Cherokees killed workmen and burned a mill near Ellijay.
20.	John Shaw to Adj. General, 19 June 1836, RG 94, M567, Roll 131, Entry 12, S-241, NA. In accord with state authorization Derrick raised the company on Jan. 7, 1836: Georgia Military Affairs, Mrs. J. E. Hays, copier and indexer, vol. 8, 1836–1837 (Atlanta: WPA Project 5993, 1940), 47.
21.	John E. Wool to William E. Derrick, 11 November 1836, RG 94, M567, Roll 154, Entry 12, W-138, NA; Wool to Derrick, 14 November 1836, and Thomas C. Lyon to Derrick, 21 November 1836, John E. Wool Papers, Box 52, File 19, Letter Book, July, 1836-April, 1837, New York State Library, NY (hereafter cited as Wool Letter Book, NYSL).
22.	I am grateful to Stephen Neal Dennis for providing me with information about the composition of Derrick’s company. The composition likely varied from attrition due to illness or dismissal as well as the limited service periods of three or twelve months.
23.	A. R. Hetzel to T. Crim, 5 January 1837, RG 92, Entry 350, Box 2, Vol. 1, Hetzel Letter Book, NA, 148; John E. Wool Order 23, 23 January 1837, RG 94, Entry 44, Vol. 13, 569, NA.
24.	John E. Wool to William E. Derrick, 25 March 1837, Wool Letter Book, NYSL, 340; Wool to Derrick, 21 May 1837, RG 94, Entry 12, M567, Roll 154, W-214, NA.
25.	Wool Order 11, 22 March 1837, RG 92, Entry 357, Box 6, NA; John E. Wool to William E. Derrick, 25 and 28 March 1837, Wool Letter Book, NYSL, 339–40, 346–47. P. M. Wear to William E. Derrick, 30 March 1837, Wool Letter Book, NYSL, 340; H. B. Shaw to Joseph Byrd, 10 April 1837, RG 94, Entry 12, Roll 154, W-179, NA. Big Frog Mountain is north of Ellijay.
26.	P. M. Wear to William E. Derrick, 30 March 1837, Wool Letter Book, NYSL, 340; H. B. Shaw to Joseph Byrd, 10 April 1837, RG 94, Entry 12, Roll 154, W-179, NA. Big Frog Mountain is north of Ellijay.
27.	Charles Hoskins payment to Captain Buffington, May 16, 1837, Voucher 3, Subvoucher 58, Sub-subvouchers 15 and 24, A. R. Hetzel Account 2340, Box 1141, RG 217, Entry 712, NA (hereafter cited as Hetzel account number, Box number, NA).
28.	John W. Latty, Carrying Off the Cherokee: History of Buffington’s Company, Georgia Mounted Militia (Published by the author, 2011), 68.
29.	Wool left to face court martial charges of preferential treatment of Cherokees in Alabama. Winfield Scott presided over and William Lindsay served on the court martial that exonerated Wool: "Proceedings of a Court of Inquiry Relating to Transactions of Brevet Brigadier General John E. Wool," American State Papers: Military Affairs 7: 533–71.
30.	William Schley to Joel Poinsett, 2 October 1837, RG 107, M221, Roll 118, G 503, NA; "Cherokee Troops," The Federal Union, October 3, 1837 (Milledgeville) notes that the same story was reported in the Southern Banner (Athens) and the Miner’s Record (Dahlonega).
31.	Lindsay Order 15, 5 October 1837, RG 92, Entry 356, Box 6, NA.
32.	Acts of the General Assembly, November–December, 1836, vol. 1, sequential number 143, p. 243; Mary B. Warren and Eve B. Weeks, eds., Whites Among the Cherokees, Georgia, 1828–1838 (Athens, GA: Heritage Papers, 1987), 199.
33.	Cox had arrived in Gilmer County to determine the availability and cost of forage when Derrick called on him to locate the post. The plan for forts has not been found. A. R. Hetzel to Major Cross, 7 October 1837, RG 92, Entry 350, Box 2, 85, NA; A. Cox to Hetzel, 21 October 1837, RG 92, Entry 352, Box 3, NA. The area Cox selected for the post is now East Ellijay.
34.	James J. Field payment to Luther Wallis, March 23, 1838, Voucher 18, Subvoucher 25, Sub-subvoucher 6, Hetzel 3933, Box 1194, NA.
35.	A. R. Hetzel payment to William Johnston, Nov. 23, 1837, Voucher 7, Subvoucher 34, Hetzel 3507, Box 1102; James J. Field payment to Benjamin Griffith, Dec. 7–8, 1837, Voucher 16, Subvoucher 30, Sub-subvoucher 1, and to S. W. Wood, Dec. 31, 1837, Voucher 16, Subvoucher 30, Sub-subvoucher 4, both in Hetzel 3507, Box 1182; Field payment to Joel Abney, Feb. 5, 1838, Voucher 10, Subvoucher 15, Sub-subvoucher 1, to George Brock, Feb. 20, 1838, Voucher 10, Subvoucher 15, Sub-subvoucher 9, to J. Johnston, Feb. 22, 1838, Voucher 10, Subvoucher 15, Sub-subvoucher 11, and Extra Duty Pay Roll and Muster Roll, Feb. 1838, Voucher 10, Subvoucher 15, Sub-subvoucher 16, all in Hetzel 3933, Box 1193, all in NA; Ward, Annals of Upper Georgia, 583–87; Lawrence L. Stanley, A Little History of Gilmer County (Published by the author, 1975), 10–12.
36.	James J. Field to A. R. Hetzel, 27 March 1838, RG 92, Entry 352, Box 3, NA.
37.	The daily ration per soldier was eighteen ounces of flour for bread, twenty ounces of beef, and portions of vinegar and salt. The 1832 regulation substituted four ounces of coffee and one of sugar for the issue of spirits: Louis C. Wilson, "Feeding Our Soldiers," The Quartermaster Review, May–June, 1928, www.qmfound.com; Luther D. Hanson, Quartermaster Museum, personal communication, 8 March 2012.
38.	See for example A. R. Hetzel payment to James W. Erwin, Oct. 20, 1837, Voucher 1, Subvoucher 27, Hetzel 3507, Box 1182; A. Cox payment to F. C. Peterson, Dec. 3, 1837, Voucher 16, Subvoucher 24, to J. A. Hutton, Dec. 4, 1837, Voucher 16, Subvoucher 1, and to F. C. Peterson, Dec. 18, 1837, Voucher 16, Subvoucher 11, all in Hetzel 3507, Box 1181; Hetzel payment to Jonathan Thomas, Voucher 1, Subvoucher 8, Cox payment to F. C. Peterson, Jan. 9, 1838, Voucher 3, Subvoucher 1, Hetzel payment to Elijah Shipley, Jan. 10, 1838, Voucher 1, Subvoucher 9, and to Silas Morgan, Jan. 10, 1838, Voucher 1, Subvoucher 10, all in Hetzel 3933, Box 1192; Hetzel payment to Richard McFall and Henry Richards, Jan. 17, 1838, Voucher 1, Subvoucher 15, to Thomas McCarty, Jan. 17, 1838, Voucher 1, Subvoucher 16, and to Robert Smith, Jan. 18, 1838, Voucher 1, Subvoucher 21, all in Hetzel 6814, Box 1260; Hetzel payment to Jesse Billingsley, March 31, 1838, Voucher 16, Subvoucher 106, Hetzel 3933, Box 1292, all in NA.
39.	Wilson, "Feeding Our Soldiers," 1–9. For pork see A. R. Hetzel payment to William Johnston, Nov. 23, 1837, Voucher 7, Subvoucher 34, Hetzel 3507, Box 1102; Hetzel payment to Robert Smith, March 5, 1838, Voucher 16, Subvoucher 6, to James Walker, March 5, 1838, Voucher 16, Subvoucher 7, and to G. W. Graves, March 13, 1838, Voucher 16, Subvoucher 21, all in Hetzel 3933, Box 1192; Hetzel payment to James Shadle, May 10, 1838, Voucher 44, Hetzel 6814, Box 1262, all in NA. For sugar and/or coffee see A. Cox payments to F. C. Peterson, Dec. 3 and 18, 1837, Voucher 16, Subvoucher 24, and Voucher 3, Subvoucher 1, both in Hetzel 3507, Box 1181; Hetzel payment to James Walker, March 5, 1838, Voucher 16, Subvoucher 7, to Robert Smith, March 31, 1838, Voucher 16, Subvoucher 87, and to Jesse Billingsley, March 31, 1838, all in Voucher 16, Subvoucher 106, Hetzel 3933, Box 1192, all in NA.
40.	A. R. Hetzel to J. J. Field, 25 January 1838, RG 92, Entry 350, Box 2, Hetzel Letter Book, vol. 2, 107–08, NA.