From: The Roane County loose papers.
James COODY a native of the Cherokee nation has this day
Registered his name in the Cherokee agents office for a section of land
include the place where he now lives oposit the lower end of the first
Island above the mouth of Clinch River comformably to a treaty Concluded
between the United States and the Cherokee nation on the 8th day of July
1817. Considering himself under the protection of the United States and
amemable to the Laws of the U. States. Given under my hand at the Cherokee
Agency this 7th day of Jun 1819. Return J. MEIGS.
From: MARTIN, Samuel, lessee vs. Jesse BYRD & Littleberry ROBERTS - Circuit Court - 1831
Affidavit of Joseph BRYANT, age about 36, 28 Sep 1831, of Roane County
Question 1st by Lessee BYRD, how long have you been acquainted with James COODY alias James Bob -
Answer - I have been acquainted with him twenty three or twenty four years
Que. 2nd - Was he or was he not considered a free man in the Cherokee nation entitled to all the priveliges of an Indian.
Answer - I think he was entitled to all the privileges of an Indian so far as I ever I know
Que. 3rd - How long has be resided on the reservation now in dispute between Mr. MARTIN and myself
Answer - Since 1807 or 1808 untill he left this country long before that time I cannot say
Question 4th - how long since he left that reservation
Answer - two years last winter I believe
Question 5th - do you recollect how long James COODY lived on that reservation with a woman under the character of a wife
Answer - I think they came together as man and wife in 1818 in Indian manner and lived as such as long as they lived on the reservation untill they were legally married as I understood and continued to live on said reservation untill they left this country
Question 6th - Was you acquainted with Archibald COODY Senior and his family
Answer - I was
Question 7th - Did you ever know of any of Archibald COODYs family claim James COODY as a slave
Answer - I never did know of any of the COODY family claiming him nor do I know of any other personal claiming as a slave
Question 8th - What is your understanding with regard to the mother of James COODY whether she was an Indian woman or not
Answer - My understanding is that she was an Indian woman of the Cherokee nation and wife of a negro man belonging to Archibald COODY and further this deponant saith not.
Affidavit of George STEWART, 27 Jan 1834, of lawful age, of Roane County:
Question 1st by defendant
At what time was it that you first became acquainted with James COODY and in what year
Answer - in the Early part of the year of 1807
Question by the same - how was it or under what circumstances did you first know him
Answer - I went to Archibald COODYs mill in that same year in the Early part of it old Archibald COODY was at the mill sitting on a saw stack I was sitting on the saw stack beside him the[n] came an Indian woman close by us and went to the mill pond and dept(?) Up a pale of watter I then asked COODY what Indian woman that was he said it was the boys mother the boy was standing close by us pointing to him since that I have known him to be the same boy.
Question 3rd by the same - Did or did Archibald COODY in speaking of that Boy say that he was as free as any Indian in the nation.
Answer - I have frequently hears Archibald COODY and the family say that James COODY was a free man and entitled to all the priviledges of the Cherokee nation.
Question 4th by the same - wheather or not was he COODY born free and considered so by both whites and Indians
Answer - as far his Birth I knew nothing abot it only as heartofore stated he was considered by the natives one of their people and considered so by the whites of his acquaintances.
Question 5th by the same - At what time was COODY living with his wife as was their Custom of marriage was it before or after he COODY entered himself with the agent of the Cherokee nation as a Reserve and also what number he COODY had in phamley (sic) at that time and where did he reside at that time.
Answer - It was in the month of February or March in that same year that he made his Entry he had himself and wife only at the time the Entry was made and he resided when issued knew him lived in the same house.
Question 6th by the same - Did he COODY at that time reside on the Reservation that he took that Mr. MARTIN and myself is contending.
Answer - As James COODY Returned from the agency after making his Entry he come by my house showed me his certificate he asked me to show him where the Center of that land would be I went the next day and showed him so near as I thought it would be he wanted then to know if it would include the house he then lived I told him I thought it would
Question 7th by the same - Do you know of James COODY drawing at any time provitions from the United States as an Indian
Answer - I knowed him to go once or twice to thair anuity to the agency and he told him that he drew his provition whilst thair as the Indians did
Question 1st by the plaintif - As COODY had only himself and a white woman in his house when made his Entry for a Reservation how was he the head of an Indian phamily (sic)
Answer - I am not the Judge of it
Question 2nd by the same - Did you see COODYs entry and if so if the Land had been agreeable to it whare would it lye.
Answer - I read(?) a coppy of his Entry the Land that was Been out was not the Land the entry cald for
Question 3d by the same - Did not COODY often tell you that he was often advised(?) And threatened if he went off and left the land and ho (sic) the war (sic) that threatened him and the Language he said the ??? in doing so.
Answer - I believe I heard those threats myself made by Littleberry ROBERTS I went with said ROBERTS to James COODYs house ROBERTS told James COODY that he bought a part of that reserved land and was agoin to come and live on it and if he the said COODY would attempt to move off or leave that place he would follow him and kill him.
Question 4th by the same - What was COODYs general conversation to you about the maner of BYRDs treatment of him and did he say to you better for him he had never suffered himself to be ??? to Remain on the land for others Benafit.
Answer - he told me his Reasons in part for leaving the was that other people had got it away from him in their possetion that he would not be Benefited by it the part that BYRD claimed he was satisfied with.
Question 5th by the same - Did you see James COODY Enter himself as an Emigrant for the arkensaw at the Cherokee agency and Receive his pay as Emigrating thair and when was it and what was it.
Answer - I did not see him make his Entry I was thair a few days after he made his Entry as he told me he had then one share in a publick Boat I then seen him draw provitions to take him to the arkensaws territory drawed Blankets and a Rifle gun and some tobacco I also seen him start in said Boat on the last day of January four years ago in the year 1830 as I believe.
Question 6th by the same - What was James COODYs conversation to you at the time he started to Arkensaw about their trying to keep him and did any follow him to force him Back and hoo (sic) ware they.
Answer - when I went down tot he agency some short time after he went thair he asked me was I come to bring him Back I told him no I was not he then me that Joseph BYRD had came after him a few days before that but that he had no intention of coming Back that he had then inroled himself for the Arkensaw
Question 7th by the same - How far lower down the River would the Reservation be then whare claimed if Run agreeable to COODYs Entry
Answer I do not know it would be any lower down the River
Question 8th by the same - Do you recolect the words of COODYs Entry and if so what ware they
Answer - I think it cald for the land oposit to the lower point of the first Island above the mouth of Clinch
Question 9th by the same - How far is the lower point of the first Island above the mouth of the Clinch below the lowest part of the land claimed where it strikes the River
Answer - I think it is about a quarter of a mile or a little over
Question 8th by the defendant - And previous to COODYs going away from his Reservation did you or did you not hear him give any Reason why he left his Reserve and what was the cause
Answer - I did not know that he intended going away untill he was gone when I saw him at the agency I asked him what was his Reasons he told me he was afraid to saw their any longer nor did not want to live by the man that was coming on the place beside him that he had been told by severals that the man would take him off and sell him before two years the man he aluded to was Littlebuary ROBERTS
Question 9th by the same - did you ever hear of any threats made by me to James COODY or of any ill treatment given by me to the said James COODY
Answer - I never heard of any threats or ill treatment
Question 10th by the plaintiff - did James COODY ever complain to you of the maner in which his land was to be divided and who was they that was to get it as he was not to be Benefited by it himself.
Answer - he stated to me that one half of the land he had agreed to give to Esquire BYRD to Bring the law suit and to support to the suit the had divided the land with the East and west line and had give Esquire BYRD Choice and he had taken to the two river or lower quarters he complained he did not get the Rents of one of the River quarters till the suit would be decided and the precieble(?) Part of the cleared land whare he then lived this man Berry ROBERTS had got it in possession.
Question 10th (sic) by the same - how long have you lived near whare James COODY Resided
Answer - from the year Eighteen hundred and seven up to this present time and further this deponent sayeth not.
/s/ George STEWART