to death, although,
not understanding English, he was unable to speak in his own defense.
A United States court forbade the execution, but the judge who had
conducted the trial defied the writ, went to the place of execution, anil
stood beside the sheriff while the Indian was being hanged. 6
1 -I eh of May 19, 1830, Washington; printed by Gales & Seaton,1830.
^Speech in the Senate of the United States, April 16, 1830; Washington, Peter Force, printer, 1830.
B See Cherokee Memorial to Congress, January 18, 1831.
* Personal information from Prof. Clinton Duncan, of Tahlequah, Cherokee Nation, whose father's
house \\:is the one thus burned.
^Cherokee Memorial to Congress January 18, 1831.
c lbid.; see also speech of Edward Everett in House of Representatives February 14, 1831; report >>i
the select committee of the senate of Massarhusettsuponused for the maintenance of their schools and national
press. A- a per capita payment it amounted to forty-two cents to each
individual. Several years afterward it still remained unpaid. Fed-
eral troops were also sent into the Cherokee country with orders to
prevent all mining by either whites or Indians unless authorized by the
state of Georgia. All these measures served only to render the Chero-
kee more bitter in their determination. In September, 1830, another
proposition was made for the removal of the tribe, but the national
council emphatically refused to consider thesubject. 1
In January, 1831, the Cherokee Nation, by John Ross as principal
chief, brought a test suit of injunction against Georgia, in the United
States Supreme Court. The majority of the court dismissed the suit
on the ground that the Cherokee were not a foreign