Presentation Transcript: The Jack Walker Murder and Its Legal Ramifications

Very humbled to speak at this conference. I’m sure some people saw the brochure and wondered why a sheriff is speaking at a removal-era event. Well, this topic bridges history and law enforcement. Today, I want to talk about the Jack Walker murder—something I began researching about 17 years ago. As often happens, once you write about something, people assume you’re the expert. Over time, we’ve uncovered new findings that reveal the deeper legal consequences of the case, especially in relation to Cherokee removal.

These affirmed Cherokee rights to self-government and property.

Jack Walker was born around 1800 at the Waucheesi Ford on the Hiwassee River. His father, Major John Walker, was a prominent figure who laid out Calhoun, Tennessee, and helped found McMinn County. Jack was of mixed ancestry and a descendant of Nancy Ward. In 1824, he married Emily Biggs but also had a Cherokee wife, Nancy Bushette.

Walker built a spacious log home directly across from present-day Walmart on Highway 11 in Cleveland, Tennessee. He was known for being handsome and stylish.

In 1825, while acting as a Cherokee civil officer, Jack Walker confiscated an illegal shipment of liquor from James Foreman, a mixed-blood Cherokee. When Foreman questioned his authority, Walker reportedly replied, “By this authority—by God,” while patting his pistol. That incident sowed the seeds of a feud.

Walker supported removal and made several trips to Washington D.C. to meet with President Jackson, which made him unpopular with the anti-removal faction. In 1834, tensions peaked at the Red Clay Council. Walker attended with his friend Richard “Dick” Jackson. After Foreman publicly threatened pro-removal advocates, Walker and Jackson left early, fearing for their safety.

They traveled a circuitous route back to Walker’s home, stopping in Georgia before re-entering Tennessee via the Spring Place Road. Near Muskrat Springs, someone called out asking for tobacco. Walker obliged but later told Jackson, “I feel like those men are going to kill me.”

Riding on, they were ambushed. A shot fired from behind a tree struck Walker in the chest. Despite the injury, he rode 14 miles home. He lingered for two weeks before dying. He was buried behind his home. The exact location is now lost, though a large marker once existed.

Coroner’s inquest identified the shooters as James Foreman and Addison Springston. They were arrested by Sheriff Spencer Beavers, escaped jail, but were recaptured. Their defense argued the murder occurred on Cherokee land, so Tennessee had no jurisdiction. Judge Charles Fleming agreed and remanded the case to Cherokee courts.

However, District Attorney Samuel Frazier appealed. In 1835, the Tennessee Supreme Court heard the case. Presiding Judge John Catron, who had previously sided with Cherokee claims, now reversed course. His opinion referenced “savage beasts” and echoed the Doctrine of Discovery, denying Cherokee sovereignty.

This decision undermined Cherokee legal standing and is believed by many historians—including Judge Ted Brown—to have paved the way for the signing of the Treaty of New Echota and the Trail of Tears.

Why did Catron change? Possibly to align with Jackson’s removal agenda. On Jackson’s final day in office (March 3, 1836), he nominated Catron to the U.S. Supreme Court. Catron later joined the majority in the Dred Scott decision and fathered a child with a woman he enslaved.

Today, we don’t know exactly where Jack Walker is buried. His home was demolished, and the area is now occupied by businesses. Grave dowsing may have located multiple graves behind the former home site, under concrete near a tire store.