Broom

MONTGOMERY, Hugh, agent of the Cherokee Nation &c. vs. John BROWN - Circuit Court - 1832

State of Tennessee, Roane County. In the Circuit Court March Term 1831. Hugh MONTGOMERY, agent for the Cherokee Nation, Successor of Joseph Mc MINN, Successor of Return J. MEIGS, deceased, late agent of the Cherokee Nation, by his attorney complains of John BROWN in custody &c. of a plea of covenant broken. For that whereas, the said John BROWN, heretofore, to wit, on the first day of July 1817, at the Cherokee Agency in said county, executed and delivered to the said Return J. MEIGS, as agent of the Cherokee Nation, his certain covenant in writing Sealed with his seal, and now here to the court shown, bearing date the day and year last aforesaid, wherein and whereby, he the said defendant, as agent of William KELLY, did agree and bind himself that the negroes taken by said William KELLY from the BROOM, a Cherokee chief in the fall of the year 1813, that is to say Easter and Elyas or Esabella, should be returned to the said Return J. MEIGS, by the name and description of Colo. R.J. MEIGS, agent for the Cherokee Nation on or before the first day of September 1817, or two other negroes of equal value, at the valuation of Thomas N. CLARK, or the valuation of said CLARK in money. And the said plaintiff, in fact says, that afterwards, to wit, on the __ day of January 1823, the said Return J. MEIGS, to whom said negroes by the tenor and effect of said covenant, were to be delivered & before the same were delivered departed this life, to wit, in the county aforesaid; and afterwards, to wit, on the __ day of __ in the year __- the said Joseph McMINN was appointed successor of the said Return J. MEIGS deceased, as agent of the Cherokee Nation, and afterwards, and before the said negroes were delivered according to the tenor and effect of said covenant, to wit, on the __ day of ___ in the year ___ said Joseph McMINN departed this life, and the plaintiff on the __ day of ___ in the year ___ was appointed by the President of the United States, agent of the Cherokee Nation as successor of the said Joseph McMINN, successor of said Return J. MEIGS, and before the said negroes in the said covenant specified, were delivered to the said agent according to the tenor and effect thereof Whereby an action has accrued to said plaintiff, as successor of said Return J. MEIGS, agent of the Cherokee nation to have and demand from the said defendant the said negroes in the said covenant specified according to the tenor and effect of said covenant. Yet the said defendant did not, on the first day of September 1817, according to the tenor of the covenant, deliver the said negroes therein specified, nor two others of equal value, at the valuation of said CLARK in money to the said Return J. MEIGS as agent of the Cherokee Nation, or at any day after the said first day of September 1817, and before the death of the said Return J. MEIGS, nor did he deliver said negroes nor two others, nor their valuation in money as aforesaid to the said Joseph McMINN sucessor of said MEIGS, while he continued to be agent, nor has he delivered the said negroes nor two others, nor their valuation in money as aforesaid to the said plaintiff, since he became agent, according to the tenor and effects of the said convenant, and although often requested so to do, has not as yet delivered the said negroes, nor two others, nor their valuation in money aforesaid, to the plaintiff as agent as aforesaid, but so (torn) hath hitherto wholly neglected and refused, to the damage of the plaintiff (torn) 1500 dollars. Therefore he sues, and has pledges to prosecute it. MEIGS (torn).

Hugh MONTGOMERY agent of the Cherokee Nation vs. John BROWN. The defendant by his attorney comes into court and craves(?) oyer(?) of the covenant declared on in the plaintiff's declaration, and it is read to him in the words and figures following, to wit, "I as the agent of William KELLY from the Broom, a Cherokee chief in the fall of the year 1813, that is to say Easteer and Elyas or Esabella, shall be returned to Colo. R.J. MEIGS agent for the cherokee nation, on or before the first day of Sept. next, or two other negroes of equal value, at the valuation of Thos. N. CLARK, or the valuation of said CLARK in money - To be delivered by the said MEIGS to the individual who claimed them in the nation when taken, or his giving good & sufficient security, that the property detained or vallue(?) thereof be redelivered to the said KELLY on his order or his Establishing his right & claim to the property so taken & title. Given under my hand this 1st day of July 1817. John BROWN (Seal). Test. Andrew JACKSON." All of which being read and heard by said defendant he, by his attorney comes and defends the wrong and injury when &c. and says that the said plaintiffs declaration and the matters therein contained in manner and form as the same are therein stated and set forth, are not sufficient in law for the said Hugh MONTGOMERY to have or maintain his aforesaid action thereof against him, the said defendant, and that he the said defendant is not bound by the law of the land to answer the same and this he is ready to verify; wherefore for want of a sufficient declaration in this behalf, the said defendant prays judgment, and that said plaintiff may be banned from having or maintaining his aforesaid action thereof against him &c. T.L. WILLIAMS atto.