32-1Public LandsOn the Case of W. Cobb and W. Price. [656] Treaties wifh Alabama Indians.1852-5

House of Representatives Report No. 146, 32nd Congress, 1st Session (1852)

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32d CoNGREss, l"t Session. Rep. No. 146. WILLIAM J. PRICE. [To accompany bill H. R. No. 275.] JUNE 1, 1852. H. OP , REPS. Mr. CoBB, from the Committee on Public Lands, made the following REPORT: The Committee on Public Lands, to whom u·as referred the petition of W. R. W. Cobb and William J. Price, asking Congress to pass an act relin-quishing the gov1ernment title to the said William J. Price to a certain Indian reservation granted to William Jones, of .lllabama, under the treaties of 1817 and 1819-which treaty or treaties g'ranted to certain Indians, the head of Tornbys, who may live upon said reservations for l~fe, a lifetime interest, and upon the death of the husband to revert to the widow and he1"rs in fee, report: The facts in the case are found to be about as follovY : On the 27th day of November, 1820, the government of the United States caused to be laid off, for William Jones, six hundred and forty acres of land, lying on Jones ereek, in Jackson county and State of Alabama, and a plat returned 1 o the proper department of this government, which plat has been under the inspection of the Committee on Public Lands, (to ~e found now in the Indian bureau, in the city of Washington.) Further, there is to be found in the same department evidences that, in 1831, the right of William Jones was contested by persons claiming they had the right to enter said reservation, under the prevention act then in force. The case was sent up to the general land o:ffiee, and upon a hearing Jones was still permitted to remain in possession of the reservation; after which time it is found, by proof on file in the Indian department, that Jones leased to William J. Price a portion of his reservation, for a given time-say during his (Jones') life; and it is further shown by proof ·that Jones · went, in 1824, on a visit to Walker county, Alabama, and upon his return to his home or reservation he found persons in possession of his closed land : lie demanded possession and it was refused him, and he was compelled to build him another cabin upon his reservation. Here we lose sight of him until the ] 3th of March, 18134, when we find him applying before the govern-ment commissioners, under the treaty of 1835, as modified by a supple-mentary article which provides and substitutes a money allowance in cases where the parties had not sold or conveyed his or her reservation, and they rejected his application without giving any reason for such .rejection: whether it was by the commissioners supposed that the lease to William J. Price deprived him of the benefit of the provisions of the treaty of 1835, or that they confounded the name of William Jones, of North Carolina, who claimed a tract of land for the last thirty years, and supposing his claim to be unquestionable, having, in addition to his lease from · William Jones, (he, the ~aid Price,) purchased from said Jones' wi~ow and· heirs theit_ 2 Rep. No. 146. right, which is shown by deed of conveyanee accompanied herewitl1 and made a part of this report : . This indentme, made and entered into this 18th day of Febru::ry, 184.1., between Eliza-beth Jones, James R. Jones, Thomas Brandon, Rebecca Brandon, Lucy .Tones, J~lijah L. Jones, Wjlliam M. Jones and Armsted Jones, of the county of Itawamba, MisHissippi State, of the one part, and William J. Price, of the county of Jackson and State of Alabama, of the other part, witnesseth: That, for and in con iderntion of the sum of si · hundred dollars to us in hand paid by the said William J. Price, we have this day bargained and bOld, and do, by these presents, bargain and sell unto the said "\V. J. Price, all of our interest in a certain tract or parcel of land lying and being in the county of Jackson, State of Alabama, on the waters of Jones creek, known as Wiliiam Jones' reservation, granted to l1ira under the treaties of' 1817 and 181 ~' to have and to hold the above named pre iscs, \\ ith all that appertain thereunto, free from the claim of the heirs of William Jones forever. ELIZABETH JONES. her x mark. [L. s.] THO. lAS BRANDON. his x mark. p .. s.] REBECCA BRANDON. her x m:uk. p .. s.] WILLTA'M" JONES. hi x mark. [L. s.] AR:\IS'l'1~D JON.ER. Lis x mark. IL· s.J .JAjLES H.. JO.~:!EB . lL· s.] LUCY .lONES. l1cr x n,:uk. [! .. s.] ELIJAH JONJ~S. hiJ3 x mark. LL· s.J S1g:a~d, l'!ealt.>d and deHvc:red in tbe presence of-GEORGE "\V lll'l'TOJ1. J.A.OKe<lli' '~NmTTOJI( . TnE STATB o:r lliSSlSB!PPJ, l Itatea'lrlha county : 5 Personally appeared before mo, Edwin G. Tbomc.s, derL of tho probate of s11.icl county, tbo within named George "Whitton, one of the Rubscribing witnc!-i:es to the within nnd an-nexed deed, who, being first duly sworn, deposetl1 all(l saith, tLn t Jw saw the within named Elizabeth Jones, Thomas Brandon, Rebecca. l3ramlnn, Willi:m Jones, Armsted Jones, James R. Jones, Lucy .Jones and Elijah Jones, whose uames at'(: ~<uh.scribed thereto, sign, 19aal and deliver the samo to the within named \Yilliam J. Prict:; that he (this deponent) subscribed his name as a witness thereto in the presence of the said E Iizabeth .Tones, Thomas Brandon, ReiJecca Brandon, William .Tones, A rmsted J orws .. James H. Jones, Lucy Jones and Elijah .Tones; and that he saw the other snuscribing: witness , ign the Bame in tho presence of the said Elizabeth Jones, Tbomu~; Brandon, n,.l,ecca Brandon, William Jones, Armsted Jones, .fames R. Jones, Lucy Jones and Elijah JoJLCH, and in the presence of each other, on the day and ynar therein named. GiYen under my hand and the seal of the said court., at my of::!ce, in f'ulton, t1ti~ 20th day or February, anno Domini 18-!4. c. G. THO~lA.S, C?rrk. T4• State <Jf Missi.l·ltippi : Be it remembered, that I, John C. Ritche, judge of the prob~lt(' court of sai<J connty, do hereby certify that Edward G. Thomas, whoso signature app<'::m; to the aboYe and foregoing certificate, is, and was at the date thereoJ~ the duly elected, qualified and acting clerk of the said probaf.Q court of said county, and that full faith and credit are duo to all his official acts as such. In testimony whereof, I hereunto set my hand and seal, this 20th day of l!'ebruary, a.nno Domini 1844. JOHN C. RITCHE, Judge. [r-. s.] I, Hoses Jones, clerk of the county court ef Jackson county, Alabama.~ do hereby cer-tity that the foregoing deed was this da.y duly recorded and compared in my said office iD MOd-book P, page 26G H. February 28, 1844. '.r88t1 .MOSES JONES, ClHI.· C. C. by W. J. GREEN, D. C. • I Rep. No. 146. 3· THll STATE OJ' ALA.BAJU, t Jadson tJOtmty: f I, Moses Jones, clerk of the county court in and for said county, do hereby certify that the foregoing pages, numbered one, two and three, inclusive, contain a full and complet transcript of a deed, together with the proofs and certificates on the same, as the same n<>w $tands on record in my said office. •"1 Given under my hand and the seal' of said county court, at office in Bellefonte, this 6th [L. s.] day of December, A. D. 1841:, and ofthe American independence the sixty-ninth. MOSES JONES, Clerk C. C. The said Price resting contented, as shown by himself, until some time since-say 184-1-he was advised it would be best, as it was the custom of persons claiming under Indians holding reservations of a similar kind, to obtain the reversionary title from the government upon that information. The application of W. J. Price for such title was brought before Congress, and referred, on the 30th of December, 1844, to the Committee on Indian Affairs, which committee reported a bill ; the case was lost for the want of time to p:!ss through both houses; and again it was referred, and a similar report made and lost as in the first case for the want of time; and in every case the application has been favorably considered and lost as in the first and second cases, up to the present time. The committee have been thus explicit in their reasons for arriving at the conclusion to again report a bill and recommend its passage. 

William J. Price. (To accompany bill H. R. no. 275)

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William J. Price. (To accompany bill H. R. no. 275)

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