An American Journey
The Genealogy of the Curbow-Montoya Family
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Henry B. Curbow
History of the Georgia Land Lottery
The original Cherokee Indian territory became Cherokee County by an Act of December 26, 1831. A law passed on December 3, 1832, divided original Cherokee County into ten counties. In the drawing of tickets and in the granting of the land, the area was treated only as Cherokee territory. It was divided between land lots distributed by the sixth land lottery and "gold" lots that were distributed by the seventh land lottery. GEORGIA DEEDS Land Lottery - Cherokee Land 1832 - 5th Dist Section 2 (Cherokee County) Henry Curbow, Smith's, Campbell. Authority: Act of December 24, 1831 Date of Drawing: October 22, 1832-May 1, 1833.
Seven times between 1805 and 1832 Georgia used a lottery system to distribute the land taken from the Cherokee or Creek Indians. These lotteries were unique to the state; no other state used a lottery system to distribute land. Lot size varied widely, even in the individual lotteries. The largest lots distributed were 490 acres in the 1805 and the 1820 land lottery. The smallest lots were the 40-acre gold lots distributed during the Gold Lottery of 1832.
Many people, including the state of Georgia, combine the Land Lottery of 1832 and the Gold Lottery of 1832 and represent it as a single lottery; however, both the enabling legislation and the drawings themselves were independent, hence there were seven lotteries, not six.
This lottery, along with the 1832 Gold Lottery, gave the Cherokee Nation to Georgia settlers. Sparked the "Trail of Tears."
Between 1790 and 1830 the population of Georgia increased six-fold. The western push of the settlers created a problem. Georgians continued to take Native American lands and force them into the frontier. By 1825 the Lower Creek had been completely removed from the state under provisions of the Treaty of Indian Springs. By 1827 the Creek were gone.
Cherokee had long called western Georgia home. The Cherokee Nation continued in their enchanted land until 1828. It was then that the rumored gold, for which De Soto had relentlessly searched, was discovered in the North Georgia mountains.
In 1830 the Congress of the United States passed the "Indian Removal Act." Although many Americans were against the act, most notably Tennessee Congressman Davy Crockett, it passed anyway. President Jackson quickly signed the bill into law. The Cherokees attempted to fight removal legally by challenging the removal laws in the Supreme Court and by establishing an independent Cherokee Nation. At first the court seemed to rule against the Indians. In Cherokee Nation v. Georgia, the Court refused to hear a case extending Georgia's laws on the Cherokee because they did not represent a sovereign nation. In 1832, the U.S. Supreme Court ruled in favor of the Cherokee on the same issue in Worcester v. Georgia. In this case Chief Justice John Marshall ruled that the Cherokee Nation was sovereign, making the removal laws invalid. The Cherokee would have to agree to removal in a treaty. The treaty then would have to be ratified by the Senate.
In one of the saddest episodes of our brief history, men, women, and children were taken from their land, herded into makeshift forts with minimal facilities and food, then forced to march a thousand miles(Some made part of the trip by boat in equally horrible conditions). Under the generally indifferent army commanders, human losses for the first groups of Cherokee removed were extremely high. .
The Legend of the Cherokee Rose.
No better symbol exists of the pain and suffering of the Trail Where They Cried than the Cherokee Rose(pictured at top of page). The mothers of the Cherokee grieved so much that the chiefs prayed for a sign to lift the mother's spirits and give them strength to care for their children. From that day forward, a beautiful new flower, a rose, grew wherever a mother's tear fell to the ground. The rose is white, for the mother's tears. It has a gold center, for the gold taken from the Cherokee lands, and seven leaves on each stem that represent the seven Cherokee clans that made the journey. To this day, the Cherokee Rose prospers along the route of the "Trail of Tears". The Cherokee Rose is now the official flower of the State of Georgia.