The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))

By Author	[ A B C D E F G H I J K L M N O P Q R S T U V W X Y Z \| Other Symbols ]
By Title	[ A B C D E F G H I J K L M N O P Q R S T U V W X Y Z \| Other Symbols ]
By Language

Download this book: [ ASCII | HTML | PDF ]

Look for this book on Amazon

We have new books nearly every day.
If you would like a news letter once a week or once a month fill out this form and we will give you a summary of the books for that week or month by email.

Title: The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))
Author: Royce, Charles C.
Language: English
As this book started as an ASCII text book there are no pictures available.

*** Start of this LibraryBlog Digital Book "The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))" ***

Internet Archive (American Libraries), Wayne Hammond and
generously made available by the BibliothÃ¨que nationale
de France (BnF/Gallica) at http://gallica.bnf.fr)

SMITHSONIAN INSTITUTION--BUREAU OF ETHNOLOGY.

THE CHEROKEE NATION OF INDIANS:

A NARRATIVE OF THEIR OFFICIAL RELATIONS WITH THE
COLONIAL AND FEDERAL GOVERNMENTS.

CHARLES C. ROYCE.

Fifth Annual Report of the Bureau of American Ethnology to the
Secretary of the Smithsonian Institution, 1883-1884, Government
Printing Office, Washington, 1887, pages 121-378.

CONTENTS.

Page.

Introduction 129
Cessions of land--Colonial period 130
Cessions of land--Federal period 131
Treaty of November 28, 1785 133
Material provisions 133
Historical data 134
De Soto's expedition 134
Early traditions 136
Early contact with Virginia colonists 138
Early relations with Carolina colonists 138
Mention by various early authors 139
Territory of Cherokees at period of English settlement 140
Population 142
Old Cherokee towns 142
Expulsion of Shawnees by Cherokees and Chickasaws 144
Treaty relations with the colonies 144
Treaty relations with the United States 152
Proceedings at treaty of Hopewell 153
Treaty of July 2, 1791 158
Material provisions 158
Historical data 160
Causes of dissatisfaction with boundary of 1785 160
Tennessee Company's purchase 162
Difficulties in negotiating new treaty 162
Survey of new boundaries 163
Treaty of February 17, 1792 169
Material provisions 169
Historical data 169
Discontent of Cherokees 169
War with Cherokees 170
Treaty of June 26, 1794 171
Material provisions 171
Historical data 171
Complaints concerning boundaries 171
Cherokee hostilities 173
Intercourse act of 1796 173
Treaty of October 2, 1798 174
Material provisions 174
Historical data 175
Disputes respecting territory 175
Treaty of October 24, 1804 183
Material provisions 183
Historical data 184
New treaty authorized by Congress 184
Wafford's settlement 186
Further negotiations authorized 187
Treaty of October 25, 1805 189
Material provisions 189
Treaty of October 27, 1805 190
Material provisions 190
Historical data respecting this treaty and the preceding one 190
Continued negotiations authorized 190
Controversy concerning "Doublehead" tract 192
Treaty of January 7, 1806 193
Material provisions 193
Treaty of September 11, 1807 194
Material provisions 194
Historical data 195
Controversy concerning boundaries 195
Explanatory treaty negotiated 197
Treaty of March 22, 1816, ceding land in South Carolina 197
Material provisions 197
Treaty of March 22, 1816, defining certain boundaries, etc 198
Material provisions 198
Historical data 199
Colonel Earle's negotiations for the purchase of iron ore
tract 199
Tennessee fails to conclude a treaty with the Cherokees 201
Removal of Cherokees to the west of the Mississippi proposed 202
Efforts of South Carolina to extinguish Cherokee title 204
Boundary between Cherokees, Creeks, Choctaws, and Chickasaws 205
Roads through the Cherokee country 208
Treaty of September 14, 1816 209
Material provisions 209
Historical data 210
Further purchase of Cherokee lands 210
Treaty of July 8, 1817 212
Material provisions 212
Historical data 214
Policy of removing Indian tribes to the west of the
Mississippi River 214
Further cession of territory by the Cherokees 216
Treaty of February 27, 1819 219
Material provisions 219
Historical data 221
Cherokees west of the Mississippi--their wants and condition 221
Disputes among Cherokees concerning emigration 222
Public sentiment in Tennessee and Georgia concerning
Cherokee removal 223
Treaty concluded for further cession of land 225
Status of certain Cherokees 228
Treaty of May 6, 1828 229
Material provisions 229
Historical data 231
Return J. Meigs and the Cherokees 231
Tennessee denies validity of Cherokee reservations 232
United States agree to extinguish Indian title in Georgia 233
Treaty of May 6, 1828--Continued.
Cherokee progress in civilization 240
Failure of negotiations for further cession of lands 241
Cherokee Nation adopts a constitution 241
Cherokee affairs west of the Mississippi 242
Treaty of February 14, 1833 249
Material provisions 249
Historical data 251
Conflicting land claims of Creeks and Cherokees west of
the Mississippi 251
Purchase of Osage half-breed reserves 252
President Jackson refuses to approve treaty of 1834 252
Treaty of December 29, 1835 253
Material provisions 253
Treaty of March 1, 1836 (supplementary articles) 257
Material provisions 257
Historical data 258
Zealous measures for removal of Eastern Cherokees 258
General Carroll's report on the condition of the Cherokees 259
Failure of Colonel Lowry's mission 262
Decision of Supreme Court in "Cherokee Nation v. Georgia" 262
Failure of Mr. Chester's mission 262
Decision of Supreme Court in "Worcester v. Georgia" 264
Disputed boundaries between Cherokees and Creeks 266
Cherokees plead with Congress and the President for justice 272
Cherokees propose an adjustment 274
Cherokees memorialize Congress 275
Treaty negotiations resumed 278
Report of Major Davis 284
Elias Boudinot's views 285
Speech of General R. G. Dunlap 285
Report of General John E. Wool 286
Report of John Mason, Jr. 286
Henry Clay's sympathy with the Cherokees 287
Policy of the President criticised--Speech of Col. David
Crockett 288
General Winfield Scott ordered to command troops in Cherokee
country 291
John Ross proposes a new treaty 291
Cherokees permitted to remove themselves 292
Dissension among Cherokees in their new home 292
Cherokees charge the United States with bad faith 296
Per capita payments under treaty of 1835 297
Political murders in Cherokee Nation 297
Adjudication commissioners appointed 298
Treaty of August 6, 1846 298
Material provisions 298
Historical data 300
Cherokees desire a new treaty 300
Feuds between the "Ross," "Treaty," and "Old Settler" parties 301
Death of Sequoyah, or George Guess 302
Old Settler and Treaty parties propose to remove to Mexico 302
More political murders 303
Negotiation of treaty of 1846 304
Affairs of the North Carolina Cherokees 313
Treaty of August 6, 1846--Continued.
Proposed removal of the Catawba Indians to the Cherokee
country. 317
Financial difficulties of the Cherokees 318
Murder of the Adairs and others 319
Financial distresses--New treaty proposed 320
Slavery in the Cherokee Nation 321
Removal of white settlers on Cherokee land 322
Fort Gibson abandoned by the United States 322
Removal of trespassers on neutral land 323
John Ross opposes survey and allotment of Cherokee domain 324
Political excitement in 1860 324
Cherokees and the Southern Confederacy 326
Cherokee troops for the Confederate army 328
A Cherokee Confederate regiment deserts to the United States 329
Ravages of war in the Cherokee Nation 332
Treaty of July 19, 1866 334
Material provisions 334
Treaty of April 27, 1868 (supplemental) 340
Material provisions 340
Historical data 341
United States desire to remove Indians from Kansas to Indian
Territory 341
Council of southern tribes at Camp Napoleon 341
General council at Fort Smith 341
Conference at Washington, D.C. 345
Cession and sale of "Cherokee strip" and "neutral lands" 348
Appraisal of confiscated property--census 351
New treaty concluded but never ratified 351
Boundaries of the Cherokee domain 354
Delawares, Munsees, and Shawnees join the Cherokees 356
Friendly tribes to be located on Cherokee lands west of 96° 358
East and north boundaries of Cherokee country 365
Railroads through Indian Territory 366
Removal of intruders--Cherokee citizenship 367
General remarks 371

ILLUSTRATIONS.

Page.

PLATE VII. Earliest map showing location of the Cherokees. 1597 128

VIII. Map of the former territorial limits of the Cherokee
Nation of Indians, exhibiting the boundaries of the
various cessions of land made by them to the colonies
and to the United States. 1884[1]

IX. Map showing the territory originally assigned to the 379
Cherokee Indians west of the Mississippi River; also,
the boundaries of the territory now occupied or owned
by them. 1884[1]

[Illustration: EARLIEST MAP SHOWING LOCATION OF THE CHEROKEES--1597.]

THE CHEROKEE NATION OF INDIANS.

By CHARLES C. ROYCE.

INTRODUCTORY.

An historical atlas of Indian affairs has for some time past been in
course of preparation under the direction of the Bureau of Ethnology,
Smithsonian Institution.

The chief aim of this atlas is to show upon a series of State and
Territorial maps the boundaries of the various tracts of country which
have from time to time been acquired through the medium of treaty
stipulation or act of Congress from the several Indian tribes resident
within the present territory of the United States from the beginning of
the Federal period to the present day.

Accompanying this atlas will be one or more volumes of historical
text, wherein will be given with some detail a history of the official
relations between the United States and these tribes. This will treat
of the various negotiations for peace and for the acquisition of
territory, the causes rendering such negotiations necessary, and the
methods observed by the Government through its authorized agents in
this diplomacy, as well as other matters of public concern growing out
of the same.

The following monograph on the history of the Cherokees, with its
accompanying maps, is given as an illustration of the character of the
work in its treatment of each of the Indian tribes.

The maps are intended to show not only the ancestral but the present
home of the Cherokees, and also to indicate the boundaries of the
various tracts of territory purchased from them by the Colonial or
Federal authorities from time to time since their first contact with
the European settlements. A number of purchases made prior to the
Federal period by individuals were unauthorized and unrecognized by the
Colonial authorities, and their boundaries, though given in the text,
are not laid down upon the map, because the same areas of territory
were afterwards included within the limits of Colonial purchases.

In the preparation of this article, more particularly in the tracing
out of the various boundary lines, much careful attention and research
have been given to all available authorities or sources of information.
The old manuscript records of the Government, the shelves of the
Congressional Library, including its very large collection of American
maps, local records, and the knowledge of "old settlers," as well as
the accretions of various State historical societies, have been made to
pay tribute to the subject.

In the course of these researches the writer has been met in his
inquiries with a degree of courtesy and kindly assistance that merits
public recognition.

Among others who have shown an earnest desire to promote the object
of these investigations are Hon. John M. Lea, vice-president State
Historical Society of Tennessee; General Robert N. Hood, Spencer
Munson, and R. H. Armstrong, of Knoxville, Tenn. The writer is also
deeply indebted to the Hon. Hiram Price, Commissioner of Indian
Affairs, and E. L. Stevens, chief clerk, for the readiness with which
they afforded him access to the records and files of the Indian
Bureau. This permission was earnestly supplemented by the intelligent
assistance and encouragement of Mr. C. A. Maxwell, chief of the Land
Division, as well as that of R. F. Thompson and Paul Brodie, of the
same Bureau, both of whom have taken special and constant pains to aid
these researches.

To Captain Adams, of the Bureau of Topographical Engineers, the hearty
thanks of the writer are due for many courtesies extended in the
examination of the voluminous and valuable collection of maps belonging
to that branch of the public service, and equal credit must be given to
Mr. G. P. Strum, principal draughtsman of the General Land Office, and
his assistants, for their uniform courtesy in affording access to the
official plats and records of that Bureau.

The officers of the Congressional Library have also shown a marked
degree of courtesy and interest.

* * * * *

The various cessions of land by the Cherokees alluded to in the text
are numerically designated upon the accompanying maps, and are as
follows:

COLONIAL PERIOD.

FEDERAL PERIOD.

The arrangement of the historical text has seemed to the writer to be
that best suited to the object in view. As will be observed, an abstract
of the salient provisions of each treaty is given, beginning with the
first treaty concluded between the Cherokee Nation and the United
States of America. In each instance, immediately following this abstract,
will be found the historical data covering the period and the
events leading to its negotiation, as well as those of the subsequent
period intimately connected with the results of such treaty.

TREATIES WITH THE CHEROKEES.

TREATY CONCLUDED NOVEMBER 28, 1785.[2]

_At Hopewell, on the Keowee River, in South Carolina, between
Benjamin Hawkins, Andrew Pickens, Joseph Martin, and Lachlane
M'Intosh, Commissioners Plenipotentiary of the United States, and
the Headmen and Warriors of all the Cherokees._

MATERIAL PROVISIONS.

The United States give peace to the Cherokees and receive them into
favor and protection on the following conditions:

1. The Cherokees to restore to liberty all prisoners citizens of the
United States or subjects of their allies; also, all negroes and other
property taken from citizens during the late war.

2. The United States to restore to the Cherokees all Indian prisoners
taken during the late war.

3. The Cherokees to acknowledge themselves under the exclusive
protection of the United States.

4. The boundary line between the Cherokees' hunting-ground and the
United States to be as follows, viz: Begin at the mouth of Duck River
on the Tennessee; thence northeast to the ridge dividing the waters
falling into the Cumberland from those falling into the Tennessee;
thence eastwardly along said ridge to a northeast line to be run, which
shall strike Cumberland River 40 miles above Nashville; thence along
said line to the river; thence up the river to the ford where the
Kentucky road crosses; thence to Campbell's line near Cumberland Gap;
thence to the mouth of Claud's Creek on Holstein; thence to Chimney-Top
Mountain; thence to Camp Creek, near the mouth of Big Limestone on
Nolichucky; thence southerly six (6) miles to a mountain; thence
south to the North Carolina line; thence to the South Carolina Indian
boundary, and along the same southwest over the top of Oconee Mountain
till it shall strike Tugaloo River; thence a direct line to the top
of Currohee Mountain; thence to the head of the south fork of Oconee
River.

5. Citizens of the United States or persons other than Indians who
settle or attempt to settle on lands west or south of said boundary and
refuse to remove within six months after ratification of this treaty
to forfeit the protection of the United States, and the Indians to
punish them or not, as they please: _Provided_, That this article shall
not extend to the people settled between the fork of French Broad and
Holstein Rivers, whose status shall be determined by Congress.

6. The Cherokees to deliver up for punishment all Indian criminals for
offenses against citizens of the United States.

7. Citizens of the United States committing crimes against Indians to
be punished by the United States in the presence of the Cherokees, to
whom due notice of the time and place of such intended punishment shall
be given.

8. Retaliation declared unjust and not to be practiced.

9. The United States to have sole right of regulating trade with the
Indians and managing their affairs.

10. Traders to have liberty to trade with the Cherokees until Congress
shall adopt regulations relative thereto.

11. Cherokees to give notice of any designs formed by other tribes
against the peace, trade, or interests of the United States.

12. Cherokees to have the right to send a deputy of their choice to
Congress whenever they think fit.

13. The hatchet to be forever buried between the United States and
Cherokees.

HISTORICAL DATA.

FERNANDO DE SOTO'S EXPEDITION.

The Cherokee Nation has probably occupied a more prominent place in
the affairs and history of what is now the United States of America,
since the date of the early European settlements, than any other tribe,
nation, or confederacy of Indians, unless it be possible to except the
powerful and warlike league of the Iroquois or Six Nations of New York.

It is almost certain that they were visited at a very early period
following the discovery of the American continent by that daring and
enthusiastic Spaniard, Fernando De Soto.

In determining the exact route pursued by him from his landing
in Florida to his death beyond the Mississippi, many insuperable
difficulties present themselves, arising not only from an inadequate
description on the part of the historian of the courses and distances
pursued, but from many statements made by him that are irreconcilable
with an accurate knowledge of the topographic detail of the country
traversed.

A narrative of the expedition, "by a gentleman of Elvas," was published
at Evora in 1557, and translated from the Portuguese by Richard
Hakluyt, of London, in 1609. From this narrative it appears that after
traveling a long distance in a northeasterly direction from his point
of landing on the west coast of Florida, De Soto reached, in the spring
of 1540, an Indian town called by the narrator "Cutifachiqui." From the
early American maps of De L'Isle and others, upon which is delineated
the supposed route of De Soto, this town appears to be located on the
Santee River, and, as alleged by the "gentleman of Elvas," on the
authority of the inhabitants, was two days' journey from the sea-coast.

The expedition left Cutifachiqui on the 3d of May, 1540, and pursued
a northward course for the period of seven days, when it came to a
province called Chelaque, "the poorest country of maize that was seen
in Florida." It is recorded that the Indians of this province "feed
upon roots and herbs, which they seek in the fields, and upon wild
beasts, which they kill with their bows and arrows, and are a very
gentle people. All of them go naked and are very lean."

That this word "Chalaque" is identical with our modern Cherokee would
appear to be almost an assured fact. The distance and route pursued
by the expedition are both strongly corroborative of this assumption.
The orthography of the name was probably taken by the Spaniards from
the Muscogee pronunciation, heard by them among the Creeks, Choctaws,
and Chickasaws. It is asserted by William Bartram, in his travels
through that region in the eighteenth century, that in the "Muscogulge"
language the letter "r" is not sounded in a single word, but that on
the contrary it occurs very frequently in the Cherokee tongue.[3]

Through this province of Chalaque De Soto passed, still pursuing
his northward course for five days until he reached the province of
"Xualla," a name much resembling the modern Cherokee word Qualla. The
route from Cutifachiqui to Xualla lay, for the most part, through a
hilly country. From the latter province the expedition changed its
course to the west, trending a little to the south, and over "very
rough and high hills," reaching at the end of five days a town or
province which was called "Guaxule," and two days later a town called
"Canasagua," an orthography almost identical with the modern Cherokee
name of Canasauga, as applied to both a stream and a town within their
Georgia limits.

Assuming that these people, whose territory De Soto thus traversed,
were the ancestors of the modern Cherokees, it is the first mention
made of them by European discoverers and more than a century anterior
to the period when they first became known to the pioneers of permanent
European occupation and settlement.

_Earliest map._--The earliest map upon which I have found "Chalaqua"
located is that of "Florida et Apalche" by Cornely Wytfliet, published
in 1597.[4] This location is based upon the narrative of De Soto's
expedition, and is fixed a short distance east of the Savannah River
and immediately south of the Appalachian Mountains. "Xualla" is placed
to the west of and near the headwaters of the "Secco" or Savannah River.

EARLY TRADITIONS.

Haywood, in his Natural and Aboriginal History of Tennessee, records
many of the traditions concerning the origin and the primal habitat of
the Cherokees. He notes the fact that they were firmly established on
the Tennessee or Hogohege River before the year 1650, and exercised
dominion over all the country on the east side of the Alleghany
Mountains, including the headwaters of the Yadkin, Catawba, Broad, and
Savannah Rivers, and that from thence westward they claimed the country
as far as the Ohio, and thence to the headwaters of the Chattahoochee
and Alabama. One tradition which he alleges existed among them asserts
their migration from the west to the upper waters of the Ohio, where
they erected the mounds on Grave Creek, gradually working eastward
across the Alleghany Mountains to the neighborhood of Monticello, Va.,
and along the Appomattox River.

From this point, it is alleged, they removed to the Tennessee country
about 1623, when the Virginians suddenly and unexpectedly fell upon
and massacred the Indians throughout the colony. After this massacre,
the story goes, they came to New River and made a temporary settlement
there as well as one on the head of the Holston; but, owing to the
enmity of the northern Indians, they removed in a short time to the
Little Tennessee and founded what were known as "Middle Settlements."
Another tribe, he alleges, came from the neighborhood of Charleston,
South Carolina, and settled lower down the Tennessee. This branch
called themselves "Ketawanga," and came last into the country. The
tradition as to those who came from Virginia seeks also to establish
the idea that the Powhatan Indians were Cherokees. The whole story is
of the vaguest character, and if the remainder has no stronger claims
to credibility than their alleged identity with the Powhatans, it is
scarcely worthy of record except as a matter of curiosity.

In fact the explorations of De Soto leave almost convincing proof that
the Cherokees were occupying a large proportion of their more modern
territory nearly a century prior to their supposed removal from the
Appomattox.

Pickett, in his History of Alabama, improves upon the legend of Haywood
by asserting as a well established fact what the latter only presumes
to offer as a tradition.

However, as affording a possible confirmation of the legend related by
Haywood concerning their early location in Eastern Virginia, it may
be worth while to allude to a tradition preserved among the Mohican or
Stockbridge tribe. It appears that in 1818 the Delawares, who were then
residing on White River, in Indiana, ceded their claim to lands in that
region to the United States. This land had been conditionally given by
the Miamis many years before to the Delawares, in conjunction with the
"Moheokunnuks" (or Stockbridges) and Munsees. Many of the latter two
tribes or bands, including a remnant of the Nanticokes, had not yet
removed to their western possessions, though they were preparing to
remove. When they ascertained that the Delawares had ceded the lands to
the United States without their consent, they objected and sought to
have the cession annulled.

In connection with a petition presented to Congress by them on the
subject in the year 1819, they set forth in detail the tradition
alluded to. The story had been handed down to them from their ancestors
that "many thousand moons ago" before the white men came over the
"great water," the Delawares dwelt along the banks of the river that
bears their name. They had enjoyed a long era of peace and prosperity
when the Cherokees, Nanticokes, and some other nation whose name had
been forgotten, envying their condition, came from the south with a
great army and made war upon them. They vanquished the Delawares and
drove them to an island in the river. The latter sent for assistance to
the Mohicans, who promptly came to their relief, and the invaders were
in turn defeated with great slaughter and put to flight. They sued for
peace, and it was granted on condition that they should return home and
never again make war on the Delawares or their allies. These terms were
agreed to and the Cherokees and Nanticokes ever remained faithful to
the conditions of the treaty.

The inference to be drawn from this legend, if it can be given any
credit whatever, would lead to the belief that the Cherokees and the
Nanticokes were at that time neighbors and allies. The original home
of the Nanticokes on the Eastern Shore of Maryland is well known, and
if the Cherokees (or at least this portion of them) were then resident
beyond the Alleghanies, with sundry other powerful tribes occupying
the territory between them and the Nanticokes, it is unlikely that any
such alliance for offensive operations would have existed between them.
Either the tradition is fabulous or at least a portion of the Cherokees
were probably at one time residents of the Eastern slope of Virginia.

The Delawares also have a tradition that they came originally from the
west, and found a tribe called by them Allegewi or Allegans occupying
the eastern portion of the Ohio Valley. With the aid of the Iroquois,
with whom they came in contact about the same time, the Delawares
succeeded in driving the Allegans out of the Ohio Valley to the
southward.

Schoolcraft suggests the identity of the Allegans with the Cherokees,
an idea that would seem to be confirmatory of the tradition given by
Haywood, in so far as it relates to an early Cherokee occupancy of Ohio.

EARLY CONTACT WITH VIRGINIA COLONISTS.

Whatever the degree of probability attending these legends, it
would seem that the settlers of Virginia had an acquaintance with
the Cherokees prior to that of the South Carolina immigrants, who
for a number of years after their first occupation, confined their
explorations to a narrow strip of country in the vicinity of the
sea-coast, while the Virginians had been gradually extending their
settlements far up toward the headwaters of the James River and had
early perceived the profits to be derived from the Indian trade.

Sir William Berkeley, governor of Virginia, equipped an expedition,
consisting of fourteen Englishmen and an equal number of Virginia
Indians, for the exploration of the country to the west of the existing
settlements. The party was under the command of Capt. Henry Batt, and
in seven days' travel from their point of departure, at Appomattox,
they reached the foot of the mountains. The first ridge they crossed
is described as not being very high or steep, but the succeeding ones
"seemed to touch the clouds," and were so steep that an average day's
march did not exceed three miles.

They came upon extensive and fertile valleys, covered with luxuriant
grass, and found the forests abounding in all kinds of game, including
turkeys, deer, elk, and buffalo. After passing beyond the mountains
they entered an extensive level country, through which a stream flowed
in a westward course, and after following it for a few days they
reached some old fields and recently deserted Indian cabins. Beyond
this point their Indian guides refused to proceed, alleging that
not far away dwelt a powerful tribe that never suffered strangers
who discovered their towns to return alive, and the expedition was
therefore compelled to return. According to the historian, Burke, this
expedition took place in 1667, while Beverly, not quite so definite,
assigns it to the decade between 1666 and 1676.[5] It is believed that
the powerful nation of Indians alluded to in the narrative of this
expedition was the Cherokees, and, if so, it is apparently the first
allusion made to them in the history of the colonial settlements.

That the Virginians were the first to be brought in contact with the
Cherokees is further evidenced by the fact that in 1690 an Indian
trader from that colony, bearing the name of Daugherty, had taken up
his residence among them, which is alleged by the historian[6] to
have been several years before any knowledge of the existence of the
Cherokees reached the settlers on Ashley River in South Carolina.

EARLY RELATIONS WITH CAROLINA COLONISTS.

The first formal introduction of the Cherokees to the notice of the
people of that colony occurred in the year 1693,[7] when twenty
Cherokee chiefs visited Charleston, with proposals of friendship, and
at the same time solicited the assistance of the governor in their
operations against the Esau and Coosaw tribes, who had captured and
carried off a number of Cherokees.

The Savannah Indians, it seems, had also been engaged in incursions
against them, in the course of which they had captured a number of
Cherokees and sold them to the colonial authorities as slaves.

The delegation urgently solicited the governor's protection from the
further aggressions of these enemies and the return of their bondaged
countrymen. The desired protection was promised them, but as their
enslaved brethren had already been shipped to the West Indies and sold
into slavery there, it was impossible to return them.

The extreme eastern settlements of the Cherokees at this time were
within the limits of the present Chester and Fairfield districts, South
Carolina, which lie between the Catawba and Broad Rivers.[8]

MENTION BY VARIOUS EARLY AUTHORS.

We next find an allusion to the Cherokees in the annals of Louisiana by
M. Pericaut, who mentions in his chronicle of the events of the year
1702, that "ten leagues from the mouth of this river [Ohio] another
falls into it called Kasquinempas [Tennessee]. It takes its source from
the neighborhood of the Carolinas and passes through the village of the
Cherokees, a populous nation that number some fifty thousand warriors,"
another example of the enormous overestimates of aboriginal population
to which the earlier travelers and writers were so prone.

Again, in 1708, the same author relates that "about this time two
Mobilians who had married in the Alibamon nation, and who lived among
them with their families, discovered that that nation was inimical to
the Mobilians as well as the French, and had made a league with the
Cheraquis, the Abeikas, and the Conchaques to wage war against the
French and Mobilians and burn their villages around our fort."

On various early maps of North America, and particularly those of De
L'Isle, between the years 1700 and 1712, will be found indicated upon
the extreme headwaters of the Holston and Clinch Rivers, "gros villages
des Cheraqui." These villages correspond in location with the great
nation alluded to in the narrative of Sir William Berkeley's expedition.

Upon the same maps will be found designated the sites of sundry other
Cherokee villages, several of which are on the extreme headwaters of
the "R. des Chaouanons." This river, although indicated on the map
as emptying into the Atlantic Ocean to the west of the Santee, from
its relation to the other streams in that vicinity, is believed to be
intended for the Broad River, which is a principal northwest branch of
the Santee. Other towns will also be found on the banks of the Upper
Catawba, and they are, as well, quite numerous along the headwaters of
the "R. des Caouilas" or Savannah and of the Little Tennessee.

Mention is again found of the Cherokees in the year 1712, when 218
of them accompanied Colonel Barnwell in his expedition against the
hostile Tuscaroras and aided in the subjugation of that savage tribe,
though along the route of Barnwell's march the settlers were very
nearly persuaded that they suffered greater damage to property from
the freebooting propensities of their Indian allies than from the open
hostilities of their savage enemies.

The old colonial records of South Carolina also contain mention in the
following year (1713) of the fact that Peter St. Julien was arraigned
on the charge of holding two Cherokee women in slavery.[9]

In 1715 the Yamassees, a powerful and hitherto friendly tribe,
occupying the southwesterly portion of the colony of South Carolina and
extending to and beyond the Savannah River, declared open hostilities
against the settlers. In the desperate struggle that ensued, we find
in full alliance with them the Cherokees, as well as the Creeks and
Appalachians.

In his historical journal of the establishment of the French in
Louisiana, Bernard de la Harpe states that "in January, 1716, some
of the Cheraquis Indians, who lived northeast of Mobile, killed MM.
de Ramsay and de Longueil. Some time after, the father of the latter
gentleman, the King's lieutenant in Canada, engaged the Iroquois to
surprise this tribe. They sacked two of their villages and obliged the
rest to retreat towards New England."

TERRITORY OF CHEROKEES AT PERIOD OF ENGLISH SETTLEMENT.

At the time of the English settlement of the Carolinas the Cherokees
occupied a diversified and well-watered region of country of large
extent upon the waters of the Catawba, Broad, Saluda, Keowee, Tugaloo,
Savannah, and Coosa Rivers on the east and south, and several of the
tributaries of the Tennessee on the north and west. It is impossible
at this late day to define with absolute accuracy the original limits
of the Cherokee claim. In fact, like all other tribes, they had no
definite and concurrent understanding with their surrounding savage
neighbors where the possessions of the one left off and those of the
other began. The strength of their title to any particular tract of
country usually decreased in proportion to the increase of the distance
from their villages; and it commonly followed as a result, that a
considerable strip of territory between the settlements of two powerful
tribes, though claimed by both, was practically considered as neutral
ground and the common hunting ground of both.

As has already been stated, the extreme eastern settlements of
the Cherokees in South Carolina in 1693 were in the district of
country lying between the Catawba and Broad Rivers, and no claim has
been found showing the existence at any time of any assertion of
territorial right in their behalf to the east of the former stream.
But nevertheless, on Bowen's map of 1752 (obviously copied from earlier
maps), there is laid down the name of "Keowee Old Town." The location
of this town was on Deep River in the vicinity of the present town
of Ashborough, N. C. It was a favorite name of the Cherokees among
their towns, and affords a strong evidence of at least a temporary
residence of a portion of the tribe in that vicinity. A map executed
by John Senex in 1721 defines the Indian boundary in this region as
following the Catawba, Wateree, and Santee Rivers as far down as
the most westerly bend of the latter stream, in the vicinity of the
boundary line between Orangeburg and Charleston districts, whence it
pursued a southwesterly course to the Edisto River, which it followed
to the sea-coast. The southern portion of this boundary was of course
a definition of limits between Carolina and the Creeks, or rather of
certain tribes that formed component parts of the Creek confederacy. No
evidence has been discovered tending to show an extension of Cherokee
limits in a southerly direction beyond the point mentioned above on
the Edisto River, which, as near as can be ascertained, was at the
junction of the North and South Edisto. Following from thence up the
South Edisto to its source the boundary pursued a southwesterly course,
striking the Savannah River in the vicinity of the mouth of Stevens
Creek, and proceeding thence northwardly along the Savannah.

On the borders of Virginia and North Carolina the ancient limits of the
Cherokees seem to be also shrouded in more or less doubt and confusion.
In general terms, however, it may be said that after following the
Catawba River to its source in the Blue Ridge the course of those
mountains was pursued until their intersection with the continuation of
the Great Iron Mountain range, near Floyd Court-House, Va., and thence
to the waters of the Kanawha or New River, whence their claim continued
down that stream to the Ohio. At a later date they also set up a claim
to the country extending from the mouth of the Kanawha down the Ohio
to the ridge dividing the waters of the Cumberland from those of the
Tennessee at the mouths of those streams, and thence following that
ridge to a point northeast of the mouth of Duck River; thence to the
mouth of Duck River on the Tennessee, and continuing up with the course
of the latter river to Bear Creek; up the latter to a point called Flat
Rock, and thence to the Ten Islands in Coosa River, &c.

That portion of the country thus covered, comprising a large part of
the present States of West Virginia and Kentucky, was also claimed by
the Six Nations by right of former conquest, as well as by the Shawnees
and Delawares.

Adair, a trader for forty years among the Cherokees, who traveled
extensively through their country about the middle of the eighteenth
century, thus specifically outlines the boundaries of their country
at that period: "The country lies in about 34 degrees north
latitude at the distance of 340 computed miles to the northwest of
Charlestown,--140 miles west-southwest from the Katahba Nation,--and
almost 200 miles to the north of the Muskohge or Creek country. They
are settled nearly in an east and west course about 140 miles in
length from the lower towns, where Fort-Prince-George stands, to the
late unfortunate Fort Loudon. The natives make two divisions of their
country, which they term '_Ayrate_' and '_Otarre_,' the one signifying
'low' and the other 'mountainous.'"

POPULATION.

In point of numbers the Cherokee population now considerably exceeds
that first enumerated by the early colonial authorities. As early
as 1715 the proprietors of the South Carolina Plantation instructed
Governor Robert Johnson to cause a census to be taken of all the
Indian tribes within that jurisdiction, and from his report it appears
that the Cherokee Nation at that time contained thirty towns and an
aggregate population of 11,210, of whom 4,000 were warriors. Adair
alleges that in 1735, or thereabouts, according to the computation
of the traders, their warriors numbered 6,000, but that in 1738 the
ravages of the small-pox reduced their population one-half within one
year. Indeed, this disaster, coupled with the losses sustained in
their conflicts with the whites and with neighboring tribes, had so
far wasted their ranks that a half century after the census taken by
Governor Johnson they were estimated by the traders to have but 2,300
warriors.[10] By the last report of the Commissioner of Indian Affairs
the total population is estimated to number 22,000.[11] It is true that
considerable of this increase is attributable to the fact that several
other small tribes or bands, within a few years past, have merged their
tribal existence in that of the Cherokees. Independent of this fact,
however, they have maintained a slow but steady increase in numbers for
many years, with the exception of the severe losses sustained during
the disastrous period of the late southern rebellion.

OLD CHEROKEE TOWNS.

It is perhaps impossible to give a complete list of the old Cherokee
towns and their location; but in 1755 the authorities of South
Carolina, in remodeling the old and prescribing new regulations for the
government of the Indian trade, divided the whole Cherokee country into
six hunting districts, viz:

1. _Over Hill Towns._--Great Tellico, Chatugee, Tennessee, Chote,
Toqua, Sittiquo, and Talassee.

2. _Valley Towns._--Euforsee, Conastee, Little Telliquo, Cotocanahut,
Nayowee, Tomatly, and Chewohe.

3. _Middle Towns._--Joree, Watoge, Nuckasee.

4. _Keowee Towns._--Keowee, Tricentee, Echoee, Torsee, Cowee, Torsalla,
Coweeshee, and Elejoy.

5. _Out Towns._--Tucharechee, Kittowa, Conontoroy, Steecoy, Oustanale,
and Tuckasegee.

6. _Lower Towns._--Tomassee, Oustestee, Cheowie, Estatoie, Tosawa,
Keowee, and Oustanalle.

About twenty years later, Bartram,[12] who traversed the country, gives
the names of forty-three Cherokee towns and villages then existing and
inhabited as follows:

-----+---------------------+------------------------------------------
No. | Name. | Where situated.
-----+---------------------+------------------------------------------
1 | Echoe | }
2 | Nucasse | } On the Tanase east of
3 | Whatoga | } Jore Mountains.
4 | Cowe | }
| |
5 | Ticoloosa | }
6 | Jore | } Inland, on the branches
7 | Conisca | } of the Tanase.
8 | Nowe | }
| |
9 | Tomothle | }
10 | Noewe | }
11 | Tellico | }
12 | Clennuse | } On the Tanase over the Jore
13 | Occunolufte | } Mountains.
14 | Chewe | }
15 | Quanuse | }
16 | Tellowe | }
| |
17 | Tellico | }
18 | Chatuga | } Inland towns on the branches of
19 | Hiwasse | } the Tanase and other waters over
20 | Chewase | } the Jore Mountains.
21 | Nuanba | }
| |
22 | Tallase | }
23 | Chelowe | }
24 | Sette | }
25 | Chote, great | }
26 | Joco | } Overhill towns on the Tanase or
27 | Tahasse | } Cherokee River.
28 | Tamahle | }
29 | Tuskege | }
30 | -- -- Big Island | }
31 | Nilaque | }
32 | Niowe | }
| |
33 | Sinica | } Lower towns east of the mountains on
34 | Keowe | } the Savanna or Keowe River.
35 | Kulsage | }
| |
36 | Tugilo | } Lower towns east of the mountains
37 | Estotowe | } on Tugilo River.
| |
38 | Qualatche | } Lower towns on Flint River.
39 | Chote | }
| |
40 | Estotewe, great | }
41 | Allagae | } Towns on waters of other rivers.
42 | Jore | }
43 | Naeoche | }
-----+---------------------+------------------------------------------

Mouzon's map of 1771 gives the names of several Lower Cherokee towns
not already mentioned. Among these may be enumerated, on the Tugalco
River and its branches, Turruraw, Nayowee, Tetohe, Chagee, Tussee,
Chicherohe, Echay, and Takwashnaw; on the Keowee, New Keowee, and
Quacoretche; and on the Seneca, Acounee.

In subsequent years, through frequent and long continued conflicts
with the ever advancing white settlements and the successive treaties
whereby the Cherokees gradually yielded portions of their domain, the
location and names of their towns were continually changing until the
final removal of the nation west of the Mississippi.[13]

EXPULSION OF SHAWNEES BY CHEROKEES AND CHICKASAWS.

In the latter portion of the seventeenth century the Shawnees, or a
portion of them, had their villages on the Cumberland, and to some
extent, perhaps, on the Tennessee also. They were still occupying that
region as late as 1714, when they were visited by M. Charleville, a
French trader, but having about this time incurred the hostility of the
Cherokees and Chickasaws they were driven from the country. Many years
later, in the adjustment of a territorial dispute between the Cherokees
and Chickasaws, each nation claimed the sole honor of driving out the
Shawnees, and hence, by right of conquest, the title to the territory
formerly inhabited by the latter. The Chickasaws evidently had the best
of the controversy, though some concessions were made to the Cherokees
in the matter when the United States came to negotiate for the purchase
of the controverted territory.

TREATY RELATIONS WITH THE COLONIES.

_Treaty and purchase of 1721._--The treaty relations between the
Cherokees and the whites began in 1721, when jealousy of French
territorial encroachments persuaded Governor Nicholson of South
Carolina to invite the Cherokees to a general congress, with a view to
the conclusion of a treaty of peace and commerce.

The invitation was accepted, and delegates attended from thirty-seven
towns, with whom, after smoking the pipe of peace and distributing
presents, he agreed upon defined boundaries and appointed an agent to
superintend their affairs.[14]

_Treaty of 1730._--Again, in 1730, the authorities of North Carolina
commissioned Sir Alexander Cumming to conclude a treaty of alliance
with the Cherokees. In April of that year the chiefs and warriors of
the nation met him at Requasse, near the sources of the Hiwassee River,
acknowledged King George as their sovereign, and sent a delegation of
six warriors to carry the crown of the nation (consisting of five eagle
tails and four scalps) to England and do homage to the King, where they
concluded a treaty of peace and commerce at Dover on the 30th of June.

In this treaty they stipulated:

1. To submit to the sovereignty of the King and his successors.

2. Not to trade with any other nation but the English.

3. Not to permit any but English to build forts or cabins or plant corn
among them.

4. To apprehend and deliver runaway negroes.

5. To surrender any Indian killing an Englishman.[15]

_Treaty and purchase of 1755._--November 24, 1755, a further treaty was
concluded between the Cherokees and Governor Glenn, of South Carolina.
By its terms the former ceded to Great Britain a territory which
included the limits of the modern districts of Abbeville, Edgefield,
Laurens, Union, Spartanburg, Newberry, Chester, Fairfield, Richland,
and York, and deeds of conveyance were drawn up and formally executed
therefor.[16] This cession included a tract of country between the
Broad and Catawba Rivers which was also claimed and generally conceded
to belong to the Catawba Nation, the boundary line between the latter
and the Cherokees being usually fixed as the Broad River.[17] One of
the main objects of this treaty was to prevent an alliance between the
Cherokees and the French.

_Treaty of 1756._--In the year 1756 Hugh Waddell was commissioned by
the authorities of North Carolina to treat with the Cherokees and
Catawbas. In pursuance of this authority he concluded a treaty of
alliance with both nations.[18] Governor Glenn, also, in the same
year erected a chain of military posts on the frontiers of his recent
purchase. These consisted of Fort Prince George, on the Savannah,
within gunshot of the Indian town of Keowee; Fort Moore, 170 miles
farther down the river; and Fort London, on the south bank of Tennessee
River, at the highest point of navigation, at the mouth of Tellico
River.[19]

_Captain Jack's purchase._--A grant signed by Arthur Dobbs, governor
of North Carolina, et al., and by The Little Carpenter, half king of
the Over-Hill Cherokees, made to Capt. Patrick Jack, of Pennsylvania,
is recorded in the register's office of Knox County, Tennessee. It
purports to have been made at a council held at Tennessee River, March
1, 1757, consideration $400, and conveys to Captain Jack 15 miles
square south of Tennessee River. The grant itself confirmatory of the
purchase by Captain Jack is dated at a general council held at Catawba
River, May 7, 1762.[20]

_Treaty of 1760._--The French finally succeeded in enlisting the active
sympathy of the Cherokees in their war with Great Britain. Governor
Littleton, of South Carolina, marched against the Indians and defeated
them, after which, in 1760, he concluded a treaty of peace with them.
By its terms they agreed to kill or imprison every Frenchman who should
come into their country during the continuance of the war between
France and Great Britain.[21]

_Treaty of 1761._--The hostile course of the Cherokees being still
continued, the authorities of South Carolina in 1761 dispatched Colonel
Grant with a force sufficient to overcome them. After destroying
their crops and fifteen towns he compelled a truce, following which
Lieutenant Governor Bull concluded a treaty with them at Ashley Ferry,
or Charleston.[22] By this instrument the boundaries between the
Indians and the settlements were declared to be the sources of the
great rivers flowing into the Atlantic Ocean.

In 1767 the legislature of North Carolina made an appropriation and
the governor appointed three commissioners for running a dividing-line
between the western settlements of that province and the Cherokee
hunting grounds.[23]

_Treaty and purchase of 1768._--Mr. Stuart, the British superintendent
of Indian affairs, on the 14th of October, 1768, concluded a treaty
with the Cherokees at Hard Labor, South Carolina. Therein it was agreed
that the southwest boundary of Virginia should be a line "extending
from the point where the northern line of North Carolina intersects
the Cherokee hunting grounds about 36 miles east of Long Island in the
Holston River; and thence extending in a direct course north by east to
Chiswell's mine on the east bank of the Kenhawa River, and thence down
that stream to its junction with the Ohio."[24]

This treaty was made in pursuance of appeals from the Indians to stop
further encroachments of settlers upon their lands and to have their
boundaries definitely fixed, especially in the region of the north fork
of Holston River and the headwaters of the Kanawha.

_Treaty and purchase of 1770._--The settlements having encroached
beyond the line fixed by the treaty of 1768, a new treaty was concluded
on the 18th October, 1770, at Lochabar, South Carolina. A new boundary
line was established by this treaty commencing on the south bank of
Holston River six miles east of Long Island, and running thence to the
mouth of the Great Kanawha.[25]

_Treaty and purchase of 1772._--The Virginia authorities in the early
part of 1772 concluded a treaty with the Cherokees whereby a boundary
line was fixed between them, which was to run west from White Top
Mountain in latitude 36° 30'.[26] This boundary left those settlers on
the Watauga River within the Indian limits, whereupon, as a measure
of temporary relief, they leased for a period of eight years from the
Indians in consideration of goods to the value of five or six thousand
dollars all the country on the waters of the Watauga. Subsequently in
1775 [March 19] they secured a deed in fee simple therefor upon the
further consideration of £2,000.[27] This deed was executed to Charles
Robertson as the representative or trustee of the Watauga Settlers'
Association, and embraced the following tract of country, viz: All
that tract on the waters of the Watauga, Holston, and Great Canaway or
New River, beginning on the south or southwest of Holston River six
miles above Long Island in that river; thence a direct line in nearly
a south course to the ridge dividing the waters of Watauga from the
waters of Nonachuckeh and along the ridge in a southeasterly direction
to the Blue Ridge or line dividing North Carolina from the Cherokee
lands; thence along the Blue Ridge to the Virginia line and west along
such line to the Holston River; thence down the Holston River to the
beginning, including all the waters of the Watauga, part of the waters
of the Holston, and the head branches of New River or Great Canaway,
agreeable to the aforesaid boundaries.

_Jacob Brown's purchase._--Jacob Brown, in 1772, for a horse load of
goods leased from the Cherokees a tract on the Watauga and Nonachuchy
Rivers.

Three years later (March 25, 1775) for a further consideration of ten
shillings he secured from them a deed in fee for the leased tract as
well as an additional tract of considerable extent.

The boundary of the first of these bodies of land ran from the mouth
of Great Limestone Creek, thence up the same and its main fork to the
ridge dividing the Wataugah and Nonachuchy Rivers; thence to the head
of Indian Creek, where it joins the Great Iron Mountains, and along
those mountains to the Nonachuchy River; across the Nonachuchy River,
including its creeks, and down the side of Nonachuchy Mountain against
the mouth of Great Limestone Creek and from thence to the place of
beginning.

The second purchase comprised a tract lying on the Nonachuchy River
below the mouth of Big Limestone on both sides of the river and
adjoining the tract just described. Its boundaries were defined as
beginning on the south side of the Nonachuchy River below the old
fields that lie below the Limestone on the north side of Nonachuchy
Mountain at a large rock; thence north 32° west to the mouth of Camp
Creek on the south side of the river; thence across the river; thence
pursuing a northwesterly course to the dividing ridge between Lick
Creek and Watauga or Holston River, thence along the dividing ridge to
the rest of Brown's lands; thence down the main fork of Big Limestone
to its mouth; thence crossing the Nonachuchy River and pursuing a
straight course to the Nonachuchy Mountains and along such mountains to
the beginning.[28]

_Treaty and purchase of 1773._--On the 1st of June, 1773, a treaty
was concluded jointly with the Creeks and Cherokees by the British
superintendent whereby they ceded to Great Britain a tract beginning
where the lower Creek path intersects the Ogeechee River, thence along
the main channel of that river to the source of the southernmost branch
thereof; thence along the ridge between the waters of Broad and Oconee
Rivers up to the Buffalo Lick; thence in a straight line to the tree
marked by the Cherokees near the head of the branch falling into the
Oconee River [on the line between Clarke and Oglethorpe Counties, about
8 miles southeast of Athens]; thence along the said ridge 20 miles
above the line already run by the Cherokees, and from thence across to
the Savannah River by a line parallel to that formerly marked by them.

_Henderson's purchase by the treaty of 1775._--On the 17th of March,
1775, Richard Henderson and eight other private citizens concluded a
treaty with the Cherokees at Sycamore Shoals, on Watauga River. By its
terms they became the purchasers from the latter (in consideration of
£10,000 worth of merchandise) of all the lands lying between Kentucky
and Cumberland Rivers, under the name of the Colony of Transylvania in
North America. This purchase was contained in two deeds, one of which
was commonly known as the "Path Deed," and conveyed the following
described tract: "Begin on the Holston River, where the course of
Powell's Mountain strikes the same; thence up the river to the crossing
of the Virginia line; thence westerly along the line run by Donelson
* * * to a point six (6) English miles east of Long Island in Holston
River; thence a direct course towards the mouth of the Great Kanawha
until it reaches the top of the ridge of Powell's Mountain; thence
westerly along said ridge to the beginning."

This tract was located in Northeast Tennessee and the extreme
southwestern corner of Virginia.[29] The second deed covered a much
larger area of territory and was generally known as the "Great Grant."
It comprised the territory "beginning on the Ohio River at the mouth
of the Kentucky, Cherokee, or what, by the English, is called Louisa
River; thence up said river and the most northwardly fork of the same
to the head-spring thereof; thence a southeast course to the ridge of
Powell's Mountain; thence westwardly along the ridge of said mountain
to a point from which a northwest course will strike the head-spring
of the most southwardly branch of Cumberland River; thence down said
river, including all its waters, to the Ohio River; thence up said
river as it meanders to the beginning."[30] This tract comprises nearly
the whole of Central and Western Kentucky as well as part of Northern
Central Tennessee. Although a literal reading of these boundaries would
include all the territory watered by the Cumberland River and its
branches, the general understanding seems to have been (and it is so
specifically stated in the report of the treaty commissioners of 1785)
that Henderson's purchase did not extend south of Cumberland River
proper.[31] The entire purchase included in both these deeds is shown
as one tract on the accompanying map of cessions and numbered 7.

In this connection it is proper to remark that all of these grants to
private individuals were regarded as legally inoperative, though in
some instances the beneficiaries were permitted to enjoy the benefits
of their purchases in a modified degree. All such purchases had been
inhibited by royal proclamation of King George III, under date of
October 7, 1763,[32] wherein all provincial governors were forbidden
to grant lands or issue land warrants locatable upon any territory
west of the mountains or of the sources of streams flowing into the
Atlantic. All private persons were enjoined from purchasing lands from
the Indians. All purchases made of such lands should be for the Crown
by the governor or commander-in-chief of the colony at some general
council or assembly of the Indians convened for that purpose.

In the particular purchase made by Henderson and his coadjutors, the
benefits thereof were afterwards claimed by the authorities of Virginia
and North Carolina for those States, as the successors of the royal
prerogative within their respective limits. In consideration, however,
of Henderson's valuable services on the frontier, and in compensation
for his large expenditures of money in negotiating the purchase,
the legislature of North Carolina in 1783 granted to him and those
interested with him a tract of 200,000 acres,[33] constituting a strip
4 miles in width from old Indian town on Powell's River to the mouth,
and thence a strip down the Clinch River for quantity 12 miles in
width. The legislature of Virginia also granted them a tract of like
extent upon the Ohio River, opposite Evansville, Indiana.[34]

_Treaties and purchases of 1777._--In consequence of continued
hostilities between the Cherokees and the settlers, General Williamson
in 1776 marched an army from South Carolina and destroyed the towns of
the former on Keowee and Tugaloo Rivers. General Rutherford marched
another force from North Carolina and Colonel Christian a third
from Virginia, and destroyed most of their principal towns on the
Tennessee.[35]

At the conclusion of hostilities with the Cherokees, following these
expeditions, a treaty with them was concluded May 20, 1777, at De
Witt's or Duett's Corners, South Carolina, by the States of South
Carolina and Georgia. By the terms of this treaty the Indians ceded a
considerable region of country upon the Savannah and Saluda Rivers,[36]
comprising all their lands in South Carolina to the eastward of the
Unacaye Mountains.

Two months later (July 20) Commissioners Preston, Christian, and
Shelby, on the part of Virginia, and Avery, Sharpe, Winston, and
Lanier, for North Carolina, also concluded a treaty with the Cherokees,
by which, in the establishment of a boundary between the contracting
parties, some parts of "Brown's line," previously mentioned, were
agreed upon as a portion of the boundary, and the Indians relinquished
their lands as low down on Holston River as the mouth of Cloud's Creek.
To this treaty the Chicamauga band of Cherokees refused to give their
assent.[37]

The boundaries defined by this treaty are alluded to and described
in an act of the North Carolina legislature passed in the following
year, wherein it is stipulated that "no person shall enter or survey
any lands within the Indian hunting grounds, or without the limits
heretofore ceded by them, which limits westward are declared to be as
follows: Begin at a point on the dividing line which hath been agreed
upon between the Cherokees and the colony of Virginia, where the line
between that Commonwealth and this State (hereafter to be extended)
shall intersect the same; running thence a right line to the mouth of
Cloud's Creek, being the second creek below the Warrior's Ford, at the
mouth of Carter's Valley; thence a right line to the highest point of
Chimney Top Mountain or High Rock; thence a right line to the mouth
of Camp or McNamee's Creek, on south bank of Nolichucky, about ten
miles below the mouth of Big Limestone; from the mouth of Camp Creek
a southeast course to the top of Great Iron Mountain, being the same
which divides the hunting grounds of the Overhill Cherokees from the
hunting grounds of the middle settlements; and from the top of Iron
Mountain a south course to the dividing ridge between the waters of
French Broad, and Nolichucky Rivers; thence a southwesterly course
along the ridge to the great ridge of the Appalachian Mountains, which
divide the eastern and western waters; thence with said dividing
ridge to the line that divides the State of South Carolina from this
State."[38]

_Emigration of Chicamauga band._--The Cherokees being very much
curtailed in their hunting grounds by the loss of the territory
wrested from them by the terms of these two treaties, began a
movement further down the Tennessee River, and the most warlike and
intractable portion of them, known as the Chicamaugas, settled and
built towns on Chicamauga Creek, about one hundred miles below the
mouth of the Holston River. Becoming persuaded, however, that this
creek was infested with witches they abandoned it in 1782, and built
lower down the Tennessee the towns usually called "The Five Lower Towns
on the Tennessee." These towns were named respectively Running Water,
Nickajack, Long Island Village, Crow Town, and Lookout Mountain Town.
From thence marauding parties were wont to issue in their operations
against the rapidly encroaching settlements.[39]

Although comparative peace and quiet for a time followed the heroic
treatment administered to the Indians by the expeditions of Williamson,
Rutherford, Christian, and others, reciprocal outrages between the
whites and Indians were of frequent occurrence. The situation was
aggravated in 1783 by the action of the assembly of North Carolina in
passing an act (without consulting the Indians or making any effort
to secure their concurrence) extending the western boundary of that
State to the Mississippi River, reserving, however, for the use of the
Cherokees as a hunting ground a tract comprised between the point where
the Tennessee River first crosses the southern boundary of the State
and the head waters of Big Pigeon River.[40]

_Treaty and purchase of 1783._--On the 31st of May of this same
year, by a treaty concluded at Augusta, Ga., the Cherokee delegates
present (together with a few Creeks, who, on the 1st of November
succeeding, agreed to the cession) assumed to cede to that State
the respective claims of those two nations to the country lying on
the west side of the Tugaloo River, extending to and including the
Upper Oconee River region.[41] With the provisions of this treaty
no large or representative portion of either nation was satisfied,
and in connection with the remarkable territorial assertions of the
State of North Carolina, together with the constant encroachments of
white settlers beyond the Indian boundary line, a spirit of restless
discontent and fear was nourished among the Indians that resulted in
many acts of ferocious hostility.

_Treaties with the State of Franklin._--In 1784, in consequence of the
cession by North Carolina to the United States of all her claims to
lands west of the mountains (which cession was not, however, accepted
by the United States within the two years prescribed by the act) the
citizens within the limits of the present State of Tennessee elected
delegates to a convention, which formed a State organization under
the name of the State of Franklin and which maintained a somewhat
precarious political existence for about four years. During this
interval the authorities of the so-called State negotiated two treaties
with the Cherokee Nation, the first one being entered into near the
mouth of Dumplin Creek, on the north bank of French Broad River, May
31, 1785.[42] This treaty established the ridge dividing the waters of
Little River from those of the Tennessee as the dividing line between
the possessions of the whites and Indians, the latter ceding all claim
to lands south of the French Broad and Holston, lying east of that
ridge. The second treaty or conference was held at Chote Ford and
Coytoy, July 31 to August 3, 1786. The Franklin Commissioners at this
conference modestly remarked, "We only claim the island in Tennessee at
the mouth of Holston and from the head of the island to the dividing
ridge between the Holston River, Little River, and Tennessee to the
Blue Ridge, and the lands North Carolina sold us on the north side
of Tennessee." They urged this claim under threat of extirpating the
Cherokees as the penalty of refusal.[43]

TREATY RELATIONS WITH THE UNITED STATES.

This general history of the Cherokee Nation and the treaty relations
that had existed with the colonial authorities from the period of
their first official contact with each other is given as preliminary
to the consideration of the history and provisions of the first treaty
negotiated between commissioners on the part of the United States and
the said Cherokee Nation, viz, the treaty concluded at Hopewell, on the
Keowee River, November 28, 1785, an abstract of the provisions of which
is hereinbefore given.[44]

The conclusion of this treaty marked the beginning of a new era in the
relations between the whites and Cherokees. The boundaries then fixed
were the most favorable it was possible to obtain from the latter
without regard to previous purchases and pretended purchases made
by private individuals and others. Although the Indians yielded an
extensive territory to the United States,[45] yet, on the other hand,
the latter conceded to the Cherokees a considerable extent of territory
that had already been purchased from them by private individuals or
associations, though by methods of more than doubtful legality.

The contentions between the border settlers of Virginia, North
Carolina, South Carolina, and Georgia, as well as of the authorities
of those States, with the Cherokees and Creeks, concerning boundaries
and the constantly recurring mutual depredations and assaults upon
each other's lives and property, prompted Congress, though still
deriving its powers from the Articles of Confederation, to the
active exercise of its treaty-making functions. It was, therefore,
determined[46] to appoint commissioners who should be empowered under
their instructions, subject, of course, to ratification by Congress, to
negotiate a treaty with the Cherokees, at which the boundaries of the
lands claimed by them should be as accurately ascertained as might be,
and the line of division carefully marked between them and the white
settlements. This was deemed essential in order that authoritative
proclamation might be made of the same, advising and warning settlers
against further encroachments upon Indian territory.

PROCEEDINGS AT TREATY OF HOPEWELL.

The commissioners deputed for the performance of this duty were
Benjamin Hawkins, Andrew Pickens, Joseph Martin, and Lachlan McIntosh.
They convened the Indians in council at Hopewell, S. C., on the 18th
of November, 1785.[47] Hopewell is on the Keowee River, 15 miles
above the junction of that river with the Tugaloo. The commissioners
announced to the Indians the change of sovereignty from Great Britain
to Congress that had taken place in the country as a consequence of the
successful termination of the Revolution. They further set forth that
Congress wanted none of the Indian lands, nor anything else belonging
to them, but that if they had any grievances, to state them freely,
and Congress would see justice done them. The Indian chiefs drafted
a map showing the limits of country claimed by them, which included
the greater portion of Kentucky and Tennessee, as well as portions of
North Carolina, South Carolina, and Georgia. Being reminded by the
commissioners that this claim covered the country purchased by Colonel
Henderson, who was now dead, and whose purchase must therefore not be
disputed, they consented to relinquish that portion of it. They also
consented that the line as finally agreed upon, from the mouth of
Duck River to the dividing ridge between the Cumberland and Tennessee
Rivers, should be continued up that ridge and from thence to the
Cumberland in such a manner as to leave all the white settlers in the
Cumberland country outside of the Indian limits.

At the time, it was supposed this could be accomplished by running a
northeast line from the ridge so as to strike the Cumberland _forty
miles above Nashville_. This portion of the boundary, not having been
affected by the treaty of 1791 (as was supposed by the Cherokees), was
reiterated in that treaty in a reverse direction. But the language
used--whether intentional or accidental--rendered it susceptible of a
construction more favorable to the whites. This language read, "Thence
down the Cumberland River to a point from which a southwest line will
strike the ridge which divides the waters of Cumberland from those of
Duck River, 40 miles above Nashville." As this line was not actually
surveyed and marked until the fall of 1797,[48] and as the settlements
in that locality had in the meantime materially advanced, it became
necessary, in order to exclude the bulk of the settlers from the
Indian country, to take advantage of this technicality. The line was
consequently so run (from a point on said dividing ridge 40 miles above
Nashville) that it struck the Cumberland River about 1 mile above the
mouth of Rock Castle River, a distance of perhaps 175 to 200 miles
above Nashville. This line was surveyed by General James Winchester,
who, under date of November 9, 1797, in a letter to General Robertson,
describes a portion of it as running as follows:

From Walton's road to the Fort Blount road, which it crosses
near the two springs at the 32-mile tree; crosses Obey's River
about 6 or 7 miles from the mouth; Achmugh about 2 miles above
the Salt Lick; the South Fork of Cumberland, or Flute River, 5 or
6 miles from the mouth, and struck Cumberland River about a mile
above the mouth of Rock Castle.

He also adds that the total length of the line (from the dividing ridge
to Cumberland River above Rock Castle) is 138-11/16 miles.

The Fort Blount here mentioned was on the south side of Cumberland
River, about 6 miles in a direct line, southwest of Gainesboro', and
the road led from there to Walton's road, which it joined at or near
the present site of Cooksville.[49] Walton's or Caney Fork road led
from Carthage in an easterly direction, and before the organization
of Putnam County formed the boundary line between Overton and White
counties, from whence it continued easterly through Anderson's Cross
Roads and Montgomery to Wilson's, in Knox County. The "Two Springs,"
are about 2 or 3 miles northwest of Cooksville.[49]

There is much difficulty in determining the absolute course of the
"Winchester line," from the meager description contained in his letter
above quoted. Arrowsmith and Lewis, in their Atlas, published in 1805,
lay down the line as pursuing a perfectly straight course from its
point of departure on the dividing ridge to its termination on the
Cumberland above the mouth of Rock Castle River. Their authority for
such a definition of the boundary is not given. If such was the true
course of the line, the description given in General Winchester's
letter would need some explanation. He must have considered Obey's
River as emptying into Wolf River in order to bring his crossing
of the former stream reasonably near the distance from its mouth
specified by him. He must also have been mistaken in his estimate of
the distance at which the line crossed above the mouth of the South
Fork of the Cumberland. The line of Arrowsmith and Lewis would cross
that stream at least 12 miles in a direct line above its mouth,
instead of five or six. It is ascertained from correspondence with
the officers of the Historical Society of Tennessee, that the line,
after crossing the Fort Blount road at the "Two Springs," continued in
a northeasterly direction, crossing Roaring Fork near the mouth of a
small creek, and, pursuing the same course, passed to the east of the
town of Livingston. "Nettle Carrier," a Cherokee Indian of some local
note, lived on the headwaters of Nettle Carrier's Creek, about four
or five miles east of Livingston, and the line passed about half-way
between his cabin and the present site of that village.[50] Thence it
continued to the crossing of Obey's River, and thence to the point of
intersection with the Kentucky boundary line, which is ascertained
to have been at the northeast corner of Overton County, Tennessee,
as originally organized in 1806. From this point the line continued
to the crossing of Big South Fork, at the place indicated by General
Winchester, and thence on to the Cumberland at the terminal point one
mile above the mouth of Rock Castle River. In the interest of clearness
a literal following of the line indicated in General Winchester's
letter, and also that given by Arrowsmith and Lewis, are shown upon
the accompanying map. At the conference preliminary to the signing of
the treaty of 1785, the Indians also asserted that within the fork of
the French Broad and Holston Rivers were 3,000 white settlers who were
there in defiance of their protests. They maintained that they had
never ceded that country, and it being a favorite spot with them the
settlers must be removed. The commissioners vainly endeavored to secure
a cession of the French Broad tract, remarking that the settlers were
too numerous to make their removal possible, but could only succeed in
securing the insertion of an article in the treaty, providing for the
submission of the subject to Congress, the settlers, in the mean time,
to remain unmolested.[51]

_Protest of North Carolina and Georgia._--During the pendency of
negotiations, William Blount, of North Carolina, and John King and
Thomas Glasscock, of Georgia, presented their commissions as the agents
representing the interests of their respective States. They entered
formal protests in the names of those States against the validity
of the treaty, as containing several stipulations which infringed
and violated the legislative rights thereof. The principal of these
was the right, as assumed by the commissioners, of assigning to the
Indians, territory which had already been appropriated, by act of
the legislature in the case of North Carolina, to the discharge of
bounty-land claims of the officers and soldiers of that State who had
served in the Continental line during the Revolution.[52]

There were present at this treaty, according to the report of the
commissioners, 918 Cherokees, to whom, after the signature and
execution thereof, were distributed as presents goods to the value
of $1,311-10/90. The meagerness of the supply was occasioned, as the
commissioners explained, by their expectancy of only meeting the chiefs
and headmen.[53]

_Location of boundaries._--In the location of the boundary points
between the Cherokees and whites, recited in the fourth article of the
treaty, it is proper to remark that--

1. The route of the line along the ridge between Cumberland and
Tennessee Rivers, and from thence to the Cumberland, at a point 40
miles above Nashville, has already been recited.

2. "The ford where the Kentucky road crosses the river" (Cumberland)
is at a point opposite the mouth of Left-Hand Fork, about 12 or 13
miles slightly west of north of Cumberland Gap. From the point "40
miles above Nashville" to this ford, the commissioners adopted, as they
declare, the line of Henderson's Purchase; while from the "Kentucky
Ford" to the mountain, 6 miles south of the mouth of Camp Creek on
Nolichucky, they followed the boundary prescribed by the treaty of July
20, 1777, with Virginia and North Carolina.[54]

3. "Campbell's line" was surveyed in 1777-'78 by General William
Campbell, as a commissioner for marking the boundary between Virginia
and the Cherokees. It extended from the mouth of Big Creek to the high
knob on Poor Valley Ridge, 332 poles S. 70° E. of the summit of the
main ridge of Cumberland Mountain, a short distance west of Cumberland
Gap.[55] The point at which the treaty line of 1785 struck Campbell's
line was at the Kentucky road crossing, about 1-1/2 miles southeast of
Cumberland Gap.

4. The treaty line followed Campbell's line until it reached a point
due north of the mouth of Cloud's Creek. From this point it ran south
to the mouth of that creek, which enters the Holston from the north, 3
miles west of Rogersville.

5. The line from Cloud's Creek pursued a northeasterly direction to
Chimney Top Mountain, which it struck at a point about 2 miles to
the southward of the Long Island of Holston River.

6. "Camp Creek, near the mouth of Big Limestone, on the Nolichucky"
(which is the next point in the boundary line), is a south branch
of Nolichucky River in Greene County, Tennessee, between Horse and
Cove Creeks, and empties about 6 miles southeast of Greeneville. It
was sometimes called McNamee's Creek.

7. The mountain "six miles to the southward of Camp Creek" was in the
Great Smoky or Iron Range, not far from the head of that creek.

8. "Thence south to the North Carolina line, thence to the South
Carolina Indian boundary." This line was partially surveyed in the
winter of 1791, by Joseph Hardin, under the direction of Governor
Blount.[56] It ran southeasterly from the mouth of McNamee's or Camp
Creek, a distance, as stated by Governor Blount, of 60 miles to
Rutherford's War Trace, although the point at which it struck this
"Trace," which is given in Governor Blount's correspondence as being 10
or 12 miles west of the Swannanoa settlement, is only a trifle over 50
miles in a direct line from the mouth of Camp Creek.

The "Rutherford's War Trace" here spoken of was the route pursued
by General Griffith Rutherford, who, in the summer of 1776, marched
an army of 2,400 men against the Cherokees. He was re-enforced by
Colonels Martin and Armstrong at Cathey's Fort; crossed the Blue Ridge
at Swannanæ Gap; passed down and over the French Broad at a place yet
known as the "War Ford;" continued up the valley of Hominy Creek,
leaving Pisgah Mountain to the left and crossing Pigeon River a little
below the mouth of East Fork; thence through the mountains to Richland
Creek, above the present town of Waynesville; ascended that creek and
crossed Tuckaseigee River at an Indian village; continued across Cowee
Mountain, and thence to the Middle Cherokee Towns on Tennessee River,
to meet General Williamson, from South Carolina, with an army bent on
a like mission.[57] The boundary between western North Carolina and
South Carolina was not definitely established at the date of the survey
of Hardin's line and, as shown by an old map on file in the Office of
Indian Affairs, the point at which a prolongation of Hardin's line
would have struck the South Carolina Indian boundary was supposed to
be on or near the 35th degree of north latitude,[58] whereas it was
actually more than 20 miles to the north of that parallel and about
10 miles to the north of the present boundary of South Carolina. The
definite establishment of this treaty line of 1785 in this quarter,
however, became unnecessary by reason of the ratification in February,
1792, of the Cherokee treaty concluded July 2, 1791,[59] wherein the
Indian boundary line was withdrawn a considerable distance to the west.

9. The line along the "South Carolina Indian boundary" ran in a
southwesterly direction from the point of contact with the prolongation
of Hardin's line, passing over "Ocunna" Mountain a short distance to
the northwestwardly of Oconee Station and striking the Tugaloo River at
a point about 1 mile above the mouth of Panther Creek.[58]

10. The line from Tugaloo River pursued a west of south course to
Currahee Mountain, which is the southern terminus of a spur of the
Alleghany Mountains, and is situated 4 miles southwest of "Toccoa
Falls" and 16 miles northwest of Carnesville, Georgia.

11. From "Currahee Mountain to the head of the south fork of Oconee
River," the line pursued a course south 38° west[58] to the source of
that stream, now commonly known as the Appallachee River, and was the
terminal point of the boundary as defined in this treaty. This line was
surveyed in 1798[60] under the direction of Col. Benj. Hawkins.

It is also a pertinent fact in connection with the boundaries defined
by this treaty (as already stated in connection with Henderson's
treaty), that although a literal reading of the description contained
in Henderson's "Great Grant" of 1775 would include all the country
watered by the tributaries of the Cumberland, the commissioners
who negotiated this treaty of Hopewell in 1785 did not consider
Henderson's Purchase as extending south of the Cumberland River proper,
except in its course from Powell's Mountain to the head of the most
southwardly branch of that river. This branch was considered by these
commissioners of 1785 as being the Yellow River, whose source was at
best but imperfectly known. They specifically state that they accept
the boundaries of Henderson's Purchase in this direction,[61] and as
the boundary defined by them between Powell's Mountain and Yellow River
was "Campbell's line," they must have considered that line as being the
southern limit of Henderson's Great Grant.

[Footnote 1: In pocket at the end of volume.]

[Footnote 2: United States Statutes at Large, Vol. VII, p. 18.]

[Footnote 3: I am informed by Colonel Bushyhead, principal chief of the
Cherokee Nation, that Bartram is mistaken in his latter assumption.
The letter "r" was never used except among the Overhill Cherokees, and
occurred very infrequently with them.]

[Footnote 4: The full title of this work is "Descriptionis Ptolemaicæ
Augmentum; sive Occidentis Notitia, brevi commentario illustrata,
studio et opera, Cornely Wytfliet, Louaniensis. Lovanii, Typis Iohannis
Bogardi, anno Domini MDXCVII."]

[Footnote 5: Campbell's Virginia, p. 268.]

[Footnote 6: Logan's South Carolina, Vol. I, p. 168.]

[Footnote 7: Martin's North Carolina, Vol. I, p. 194.]

[Footnote 8: Logan's South Carolina, Vol. I, p. 141.]

[Footnote 9: Logan's South Carolina, Vol. I, p. 182.]

[Footnote 10: Adair's American Indians.]

[Footnote 11: Report Commissioner Indian Affairs for 1883, p. 272.]

[Footnote 12: Bartram's Travels in North America from 1773 to 1778, p.
371.]

[Footnote 13: From a distribution roll of Cherokee annuities paid
in the year 1799 it appears that there were then 51 Cherokee towns,
designated as follows: Oostinawley, Creek Path, Aumoia, Nicojack,
Running Water, Ellijay, Cabben, High Tower, Pine Log, High Tower
Forks, Tocoah, Coosawaytee, Crowtown, Shoemeck, Aumuchee, Tulloolah,
Willstown, Acohee, Cuclon, Duck-town, Ailigulsha, Highwassee,
Tennessee, Lookout Mountain, Noyohee, Tusquittee, Coosa, Nantiyallee,
Saukee, Keyukee, Red Bank, Nukeza, Cowpens, Telassee, Buffalo Town,
Little Tellico, Rabbit Trap, Notley, Turnip Mountain, Sallicoah,
Kautika, Tausitu, Watoga, Cowee, Chillhoway, Chestuee, Turkey Town,
Toquah, Chota, Big Tellico, and Tusskegee.]

[Footnote 14: Ramsey's Annals of Tennessee, p. 46.]

[Footnote 15: Martin's North Carolina, Vol. II, pp. 3, 9, and 11.]

[Footnote 16: Hewat's History of South Carolina and Georgia, Vol. II,
pp. 203, 204.]

[Footnote 17: Broad River was formerly known as Eswaw-Huppedaw or Line
River. See Mills' Statistics of South Carolina, p. 555.]

[Footnote 18: Williamson's North Carolina, Vol. II, p. 87.]

[Footnote 19: Martin's North Carolina. Vol. II, p. 87.]

[Footnote 20: Ramsey's Annals of Tennessee, p. 68.]

[Footnote 21: Martin's North Carolina, Vol. II, p. 106.]

[Footnote 22: Ib., Vol. II, p. 152.]

[Footnote 23: Ib., Vol. II, p. 226.]

[Footnote 24: Ramsey's Annals of Tennessee, p. 76.]

[Footnote 25: Ib., p. 102.]

[Footnote 26: Ib., p. 109.]

[Footnote 27: Ramsey's Annals of Tennessee, p. 119.]

[Footnote 28: Ramsey's Annals of Tennessee, pp. 110, 121.]

[Footnote 29: There seems to be a confused idea in this description as
to the identity of Powell's Mountain. This was doubtless occasioned by
a lack of definite knowledge concerning the topography of the country.
This ridge, as it is commonly known, does not touch the Holston River,
but lies between Powell's and Clinch Rivers. The mountains supposed
to be alluded to in that portion of the description are a spur of the
Clinch Mountains, which close in on the Holston River, near the mouth
of Cloud's Creek.]

[Footnote 30: Mann Butler's Appeal, pp. 26, 27.]

[Footnote 31: American State Papers, Indian Affairs, Vol. I, p. 38.]

[Footnote 32: Martin's North Carolina, Vol. II, p. 339.]

[Footnote 33: Haywood's Tennessee, pp. 16, 17.]

[Footnote 34: Ramsey's Annals of Tennessee, p. 204.]

[Footnote 35: Letter of Governor Blount to Secretary of War, January
14, 1793. See American State Papers, Indian Affairs, Vol. I, p. 431.]

[Footnote 36: American State Papers, Indian Affairs, Vol. I, p. 431,
and Ramsey's Tenn., p. 172.]

[Footnote 37: Haywood's Tennessee, p. 451.]

[Footnote 38: Scott's Laws of Tennessee and North Carolina, Vol. I, p.
225.]

[Footnote 39: Letter of Governor Blount to Secretary of War, January
14, 1793. See American State Papers, Indian Affairs, Vol. I, p. 431,
also page 263.]

[Footnote 40: Report of Senate Committee March 1, 1797. See American
State Papers, Indian Affairs, Vol. I, p. 623. Also Ramsey's Annals of
Tennessee, p. 276.] .]

[Footnote 41: Carpenter and Arthur's History of Georgia, p. 253.]

[Footnote 42: Ramsey's Annals of Tennessee, p. 299.]

[Footnote 43: Ib., p. 345.]

[Footnote 44: United States Statutes at Large, Vol. VII, p. 18.]

[Footnote 45: See Nos. 10_a_ and 10_b_ on accompanying map of Cherokee
cessions.]

[Footnote 46: By resolution of Congress, March 15, 1785.]

[Footnote 47: Report of Treaty Commissioners, dated Hopewell, December
2, 1785. See American State Papers, Indian Affairs, Vol. I, p. 40.]

[Footnote 48: American State Papers, Indian Affairs, Vol. I, p. 628,
and letter of General Winchester to General Robertson, November 9,
1797.]

[Footnote 49: Letter of Hon. John M. Lea, of Nashville, Tenn., to the
author.]

[Footnote 50: Letter of Geo. H. Morgan, of Gainesborough, Tennessee.]

[Footnote 51: Report of Treaty Commissioners. See American State
Papers, Indian Affairs, Vol. I, p. 38.]

[Footnote 52: American State Papers, Indian Affairs, Vol. I, p. 44.]

[Footnote 53: Journal of Treaty Commissioners. See American State
Papers, Indian Affairs, Vol. I, p. 43.]

[Footnote 54: Report of Treaty Commissioners in American State Papers,
Indian Affairs, Vol. I, p. 38.]

[Footnote 55: Letter of Return J. Meigs to Secretary of War, May 5,
1803; also, letter of Hon. John M. Lea, Nashville, Tennessee.]

[Footnote 56: Letter of Governor Blount to Secretary of War, December
16, 1792, in American State Papers, Indian Affairs, Vol. I, p. 631.]

[Footnote 57: Ramsey's Annals of Tennessee.]

[Footnote 58: Old manuscript map on file in Indian Office, Washington,
D. C.]

[Footnote 59: United States Statutes at Large, Vol. VII, p. 39.]

TREATY CONCLUDED JULY 2, 1791; PROCLAIMED FEBRUARY 7, 1792.[62]

_Held on bank of Holston River, near the mouth of French
Broad, between William Blount, governor of the Territory south of
Ohio River and superintendent of Indian affairs, representing the
President of the United States, on the part and behalf of said
States, and the chiefs and warriors of the Cherokee Nation on the
part and behalf of said nation._

MATERIAL PROVISIONS.

1. Perpetual peace declared between the United States and the Cherokee
Nation.

2. Cherokees to be under sole protection of the United States and to
hold no treaty with any State or individuals.

3. Cherokees and the United States to mutually release prisoners
captured one from the other.

4. Boundary between the United States and the Cherokees defined as
follows: Beginning at the top of Currahee Mountain, where the Creek
line passes it; thence a direct line to Tugelo River; thence northeast
to Ocunna Mountain and over same along South Carolina Indian boundary
to the North Carolina boundary; thence north to a point from which a
line is to be extended to the River Clinch that shall pass the Holston
at the ridge dividing waters of Little River from those of Tennessee
River; thence up Clinch River to Campbell's line and along the same
to the top of Cumberland Mountain; thence a direct line to Cumberland
River where the Kentucky road crosses it; thence down Cumberland River
to a point from which a southwest line will strike the ridge dividing
waters of Cumberland from those of Duck River 40 miles above Nashville;
thence down said ridge to a point from which a southwest line will
strike the mouth of Duck River.

To prevent future disputes, said boundary to be ascertained and marked
by three persons appointed by the United States and three persons
appointed by the Cherokees.

To extinguish all claim of Cherokees to lands lying to the right of
said line, the United States agree to immediately deliver certain
valuable goods to the Cherokees and to pay them $1,000 annually.

5. Citizens of United States to have free use of road from Washington
District to Mero District and of navigation of Tennessee River.

6. The United States to have exclusive right of regulating trade with
the Cherokees.

7. The United States solemnly guarantee to the Cherokees all their
lands not herein ceded.

8. Citizens of the United States or others not Indians settling on
Cherokee lands to forfeit protection of the United States and be
punished as the Indians see fit.

9. Inhabitants of the United States forbidden to hunt on Cherokee
lands, or to pass over the same without a passport from the governor of
a State or Territory or other person authorized by the President of the
United States to grant the same.

10. Cherokees committing crimes against citizens of the United States
to be delivered up and punished by United States laws.

11. Inhabitants of the United States committing crimes or trespass
against Cherokees to be tried and punished under United States laws.

12. Retaliation or reprisal forbidden until satisfaction has been
refused by the aggressor.

13. Cherokees to give notice of any designs against the peace and
interests of the United States.

14. Cherokees to be furnished with useful implements of husbandry.
United States to send four persons to reside in Cherokee country to act
as interpreters.

15. All animosities to cease and treaty to be faithfully carried out.

16. Treaty to take effect when ratified by the President of the United
States by and with the advice and consent of the Senate.

[Footnote 60: See resolution of Georgia legislature, June 16, 1802. It
is however stated by Return J. Meigs, in a letter to the Secretary of
War dated December 20, 1811, that this line was run by Colonel Hawkins
in 1797.]

[Footnote 61: American State Papers, Indian Affairs, Vol. I, p. 38.]

[Footnote 62: United States Statutes at Large, Vol. VII, p. 39.]

HISTORICAL DATA.

CAUSES OF DISSATISFACTION WITH THE BOUNDARY OF 1785.

The boundary line prescribed by the treaty of November 28, 1785, had
been unsatisfactory to both the Cherokees and the whites. On the part
of the former the chief cause of complaint was the non-removal of the
settlers in the fork of the French Broad and Holston Rivers and their
evident disposition to encroach still farther into the Indian country
at every opportunity. The whites, on the other hand, were discontented
because further curtailment of the Cherokee territory had not been
compelled by the commissioners who negotiated the treaty, and the State
authorities of North Carolina and Georgia had protested because of the
alleged interference by the General Government with the reserved rights
of the States.[63] In retaliation for the intrusions of the whites the
Indians were continually engaged in pilfering their stock and other
property.

The state of affairs resulting from this continual friction rendered
some decisive action by Congress necessary. A large portion of the
land in Greene and Hawkins Counties, Tennessee, had been entered by
the settlers under the laws of North Carolina, whereby she had assumed
jurisdiction to the Mississippi River.[64] These lands were south and
west of the treaty line of 1785, as were also the lands on the west
side of the Clinch upon which settlements had been made. Settlers to
the number of several thousand, south of the French Broad and Holston,
were also within the Cherokee limits.[65]

It is true that the authorities of the so-called State of Franklin had
in the years 1785 and 1786 negotiated two treaties with the Cherokees,
obtaining cessions from the latter covering most, if not all, of these
lands,[66] but neither the State of North Carolina nor the United
States recognized these treaties as of any force or validity.

These trespasses called forth under date of September 1, 1788,
a proclamation from Congress forbidding all such unwarrantable
intrusions, and enjoining all those who had settled upon the hunting
ground of the Cherokees to depart with their families and effects
without loss of time.

General Knox, Secretary of War, under date of July 7, 1789, in a
communication to the President, remarked that "the disgraceful
violation of the treaty of Hopewell with the Cherokees requires the
serious consideration of Congress. If so direct and manifest contempt
of the authority of the United States be suffered with impunity,
it will be in vain to attempt to extend the arm of government to
the frontiers. The Indian tribes can have no faith in such imbecile
promises, and the lawless whites will ridicule a government which
shall, on paper only, make Indian treaties and regulate Indian
boundaries."[67]

He recommended the appointment of three commissioners on the part of
the United States, who should be invested with full powers to examine
into the case of the Cherokees and to renew with them the treaty made
at Hopewell in 1785; also to report to the President such measures as
should be necessary to protect the Indians in the boundaries secured to
them by that treaty, which he suggested would involve the establishment
of military posts within the Indian country and the services of at
least five hundred troops. President Washington, on the same day,
transmitted the report of the Secretary of War, with the accompanying
papers, to Congress. He approved of the recommendations of General
Knox, and urged upon that body prompt action in the matter.

Congress, however, failed to take any decisive action at that session,
and on the 11th of August, 1790, President Washington again brought the
subject to the attention of that body. After reciting the substance of
his previous communication, he added that, notwithstanding the treaty
of Hopewell and the proclamation of Congress, upwards of five hundred
families had settled upon the Cherokee lands, exclusive of those
between the fork of the French Broad and Holston Rivers.[68] He further
added that, as the obstructions to a proper conduct of the matter had
been removed since his previous communication, by the accession of
North Carolina to the Union and the cession to the United States by
her of the lands in question,[69] he should conceive himself bound to
exert the powers intrusted to him by the Constitution in order to carry
into faithful execution the treaty of Hopewell, unless it should be
thought proper to attempt to arrange a new boundary with the Cherokees,
embracing the settlements and compensating the Cherokees for the
cessions they should make.

_United States Senate authorizes a new treaty._--Upon the reception of
this message the Senate adopted a resolution advising and consenting
that the President should, at his discretion, cause the treaty of
Hopewell to be carried into execution or enter into arrangements
for such further cession of territory from the Cherokees as the
tranquillity and interests of the United States should require. A
proviso to this resolution limited the compensation to be paid to the
Cherokees for such further cession to $1,000 per annum and stipulated
that no person who had taken possession of any lands within the limits
of the proposed cession should be confirmed therein until he had
complied with such terms as Congress should thereafter prescribe.

Accordingly, instructions were issued to William Blount, governor of
the Territory south of the Ohio River and _ex-officio_ superintendent
of Indian affairs, to conclude a treaty of cession with the
Cherokees.[70]

TENNESSEE COMPANY'S PURCHASE.

In the mean time the troubles between the Indians and the settlers had
become aggravated from divers causes. Prominent among these was the
fact that Georgia had by act of her legislature disposed of 3,500,000
acres of vacant land lying south of Tennessee River to the Tennessee
Company. This association undertook to effect a settlement in the year
1791 at or near the Muscle Shoals.[71] The matter coming to the notice
of the Secretary of War was made the subject of a strong protest by him
to the President.[72]

The latter issued his proclamation forbidding such settlement. The
company persisted in the attempt, and as the President had declared
such act would place them without the protection of the United States,
the Indians were left free to break up and destroy the settlement,
which they did.[73]

DIFFICULTIES IN NEGOTIATING NEW TREATY.

In pursuance of Governor Blount's instructions, he convened the Indians
at White's Fort, on the present site of Knoxville, Tenn.; and after a
conference lasting seven days, succeeded, with much difficulty and with
great reluctance on the part of the Cherokees, in concluding the treaty
of July 2, 1791.[74]

In his letter to the Secretary of War,[75] transmitting the treaty, he
asserts the greatest difficulty to have been in agreeing on a boundary,
and that the one fixed upon might seem singular. The reason for this
peculiarity of description was owing to the fact that the Indians
insisted on beginning on the part where they were most tenacious of
the land, in preference to the mouth of Duck River, where the Hopewell
treaty line began. The land to the right of the line was declared to
belong to the United States, because no given point of the compass
would describe it. In accordance with his instructions, Governor
Blount proposed to the Indians that the ridge dividing the waters of
Little River from those of the Tennessee should form a part of the
boundary. To this the Indians would not agree, but insisted on the
straight line which should cross the Holston where that ridge should
strike it. Governor Blount explains that this line is not so limited
by the treaty as to the point at which it shall leave the north line
or at which it shall strike the Clinch, but that it might be so run as
either to include or leave out the settlers south of the ridge; the
only stipulations respecting it being that it should cross the Holston
at the ridge, and should be run by commissioners appointed by the
respective parties.

He urged that the line should be run immediately after the ratification
of the treaty, as settlers were already located in the immediate
vicinity of it, and more were preparing to follow.

The President transmitted the treaty to the Senate with his message of
October 26, 1791,[76] and Senator Hawkins, from the committee to whom
it was referred, reported it back to the Senate on the 9th of November
following, recommending that the Senate advise and consent to its
ratification.[77]

On the 19th of the same month the Secretary of War advised Governor
Blount that the treaty had been ratified by the President, by and with
the advice and consent of the Senate, and inclosed him 50 printed
copies for distribution, although the United States Statutes at Large
[Vol. VII, p. 39] give the date of the proclamation of the treaty as
February 7, 1792.[78]

[Footnote 63: American State Papers, Indian Affairs, Vol. I, p. 44.]

[Footnote 64: Protest of Col. William Blount to Treaty Commissioners
of 1785. American State Papers, Indian Affairs, Vol. I, p. 44, and
Ramsey's Annals of Tenn., p. 549. Also Scott's Laws of Tennessee and
North Carolina, Vol. I.]

[Footnote 65: American State Papers, Indian Affairs, Vol. I, p. 38.]

[Footnote 66: Ramsey's Annals of Tennessee, p. 345.]

[Footnote 67: American State Papers, Indian Affairs, Vol. I, p. 53.]

[Footnote 68: Ib., p. 83.]

[Footnote 69: The assembly of North Carolina proceeded in 1789 to
mature a plan for the severance of Tennessee, and passed an act for
the purpose of ceding to the United States of America certain western
lands therein described. In conformity with one of the provisions of
the act, Samuel Johnson and Benjamin Hawkins, Senators in Congress from
North Carolina, executed a deed to the United States on the 25th of
February, 1790. Congress accepted the cession by act of April 2, 1790,
and Tennessee ceased to be a part of North Carolina.]

[Footnote 70: These instructions were issued in pursuance of the advice
and consent of the Senate, under date of August 11, 1790. See American
State Papers, Indian Affairs, Vol. I, p. 135.]

[Footnote 71: This act of the Georgia legislature bore date of December
21, 1789. A prior act, bearing date February 7, 1785, had been passed,
entitled "An act for laying out a district of land situated on the
river Mississippi, within the limits of this State, into a county, to
be called Bourbon." See American State Papers, Indian Affairs, Vol. I,
p. 114.]

[Footnote 72: January 22, 1791. See American State Papers, Indian
Affairs, Vol. I, p. 112.]

[Footnote 73: Ramsey's Annals of Tennessee, pp. 549-556.]

[Footnote 74: United States Statutes at Large, Vol. VII, p. 39.]

[Footnote 75: July 15, 1791. See American State Papers, Indian Affairs,
Vol. I, p. 628.]

[Footnote 76: American State Papers, Indian Affairs, Vol. I, p. 123.]

[Footnote 77: Ib., p. 135.]

[Footnote 78: Ib., p. 629.]

SURVEY OF NEW BOUNDARIES.

The Secretary also intrusted the matter of the survey of the new
boundary to the discretion of Governor Blount, and suggested the
appointment of Judge Campbell, Daniel Smith, and Col. Landon Carter as
commissioners to superintend the same. This suggestion was subsequently
modified by the appointment of Charles McLung and John McKee in place
of Smith and Carter. Governor Blount designated the 1st of May as
the date for the survey to commence. Andrew Ellicott was appointed
surveyor, he having been previously appointed to survey the line
under the Creek treaty of 1790.[79] Before these arrangements could
be carried out, the Secretary of War again wrote Governor Blount,[80]
remarking that while it was important the line should be run, yet
as the United States, in their military operations, might want the
assistance of the Cherokees, perhaps it would be better policy to
have the lines ascertained and marked after rather than before the
campaign then about to commence against the Indians northwest of the
Ohio.[81] It was thus determined, in view of numerous individual acts
of hostility on the part of the Cherokees and of the desire to soothe
them into peace and to engage them as auxiliaries against the northern
Indians, to temporarily postpone the running of the line.

After considerable correspondence between Governor Blount and the
Cherokee chiefs in council, the 8th of October, 1792, was fixed upon
as the date for the meeting of the representatives of both parties
at Major Craig's, on Nine-Mile Creek, for the purpose of beginning
the survey.[82] In the mean time an increased spirit of hostility had
become manifest among the Cherokees and Creeks, the five lower towns of
the former having declared war, and an Indian invasion of the frontier
seemed imminent. Governor Blount, therefore, in the latter part of
September,[83] deemed it wise to call fifteen companies of militia
into immediate service, under the command of General Sevier, for the
protection of the settlements. Notwithstanding this critical condition
of affairs, the boundary line commissioners on the part of the United
States assembled at the appointed time and place. After waiting until
the following day, the representatives of the Cherokees putting in no
appearance, they proceeded to inspect the supposed route of the treaty
line. After careful examination they came to the conclusion that the
ridge dividing the waters of Tennessee and Little Rivers struck the
Holston River at the mouth and at no other point.[84]

They then proceeded to run, but did not mark, a line of experiment from
the point of the ridge in a southeast direction to Chilhowee Mountain,
a distance of 17-1/2 miles, and also from the point of beginning in
a northwest direction to the Clinch River, a distance of 9 miles.
From these observations they found that the line, continued to the
southeast, would intersect the Tennessee River shortly after it crossed
the Chilhowee Mountain, and in consequence would deprive the Indians
of all their towns lying on the south side of the Tennessee. This
rendered apparent the necessity of changing the direction of the line
into a more nearly east and west course, and led the commissioners to
express the opinion that the true line should run from the point of the
ridge south 60° east to Chilhowee Mountain and north 60° west to the
Clinch.

The course thus designated left a number of the settlers on Nine-Mile
Creek within the Indian limits.[85]

The records of the War Department having been almost completely
destroyed by fire in the month of November, 1800, it is with great
difficulty that definite data can be obtained concerning the survey of
this and other Indian boundaries prior to that date. It has, however,
been ascertained that the above mentioned line was not actually
surveyed until the year 1797.

_Journal of Col. Benjamin Hawkins._--The manuscript journal of Col.
Benjamin Hawkins, now in the possession of the Historical Society of
Georgia, shows that instructions were issued by the Secretary of War
on the 2d of February, 1797, appointing and directing Col. Benjamin
Hawkins, General Andrew Pickens, and General James Winchester as
commissioners on the part of the United States to establish and mark
the lines between the latter and the Indian nations south of the Ohio.
These instructions reached Colonel Hawkins at Fort Fidius, on the
Oconee, on the 28th of February. Notice was at once sent to General
Pickens at his residence at Hopewell, on the Keowee, and also to
General Winchester, through Silas Dinsmoor, at that time temporary
agent for the Cherokee Nation, to convene at Tellico, on Tennessee
River, on the 1st of April following, for the purpose of determining
and marking the Cherokee boundary line pursuant to the treaty of
1791. Colonel Hawkins joined General Pickens at Hopewell, from which
point they set out for Tellico on the 23d of March, accompanied by
Joseph Whitner, one of their surveyors, as well as by an escort of
United States troops, furnished by Lieut. Col. Henry Gaither. Passing
Ocunna station, they were joined by their other surveyor, John Clark
Kilpatrick. They reached Tellico block-house on the 31st of March, and
were joined on the following day by Mr. Dinsmoor, the Cherokee agent.
Here they were visited by Hon. David Campbell, who, in conjunction
with Charles McLung and John McKee, had been appointed in 1792, as
previously set forth, to survey and mark the line. Mr. Campbell
informed them that he and his co-commissioners, in pursuance of their
instructions, did in part ascertain and establish the boundary and
report the same to Governor Blount, and that he would accompany the
present commissioners and give them all the information he possessed
on the subject. About the same time confidential information was
received that General Winchester would not attend the meeting of his
co-commissioners, and that this was understood to be in pursuance of a
scheme to postpone the running of the line in the interest of certain
intruders upon Indian land. On the 7th of April the commissioners set
out to examine the location and direction of the ridge dividing the
waters of Little River from those of Tennessee, at the same time noting
that "we received information that the line run between the Indians and
white inhabitants by the commissioners, mentioned on the 3d instant by
Mr. Campbell, was by order, for the express purpose of ascertaining
a line of accommodation for the white settlers, who were then over
the treaty line." By arrangement they met a number of the interested
settlers at the house of Mr. Bartlett McGee on the 9th, and by them
were advised that the ridge between the sources of Nine-Mile, Baker's,
Pistol, and Crooked Creeks "is that which divides the waters running
into Little River from those running into the Tennessee."

Proceeding with their observations, they set out for the point on this
ridge "where the experiment line for fixing the court-house of Blount
County passes the ridge between Pistol Creek and Baker's Creek, due
east from a point on the Tennessee 13-1/2 miles, and this point on the
Tennessee is 1-1/2 miles south from a point from where a line west
joins the confluence of the Holston and Tennessee." The point on the
ridge here spoken of was 2-1/2 miles north of Bartlett McGee's and 1
mile north of the source of Nine-Mile Creek. The commissioners state
that in noting observations they count distances in minutes, at the
rate of 60' to 3 miles. From the foregoing point they proceeded west 8'
to a ridge dividing Pistol and Baker's Creeks; turned south 6' to the
top of a knoll, having on the right the falling grounds of Gallagher's
Creek. This knoll they called "Iron Hill." Continuing south 11', they
crossed a small ridge and ascended a hill 4' SSW., crossing a path from
Baker's Creek to the settlements on Holston. From here the ridge bore
SSW. 1 mile, SW. by W. 1 mile, SSW. 3 miles, and thence NW., which
would make it strike the Holston River near the mouth of that stream.
This corresponded with the observations of the previous commissioners
who had run the experimental line.

This inspection convinced the commissioners that a considerable number
of the white settlers were on the Indian land. The latter were quite
anxious that some arrangement should be made for their accommodation in
the coming conference with the Indians, but received no encouragement
from the commissioners further than an assurance that they should be
permitted to gather their crops of small grain and fruit before removal.

Being asked by the commissioners why the line run by Mr. Campbell
and his confrères was known by three names, "that of experience, of
experiment, and the treaty line with the Indians," they answered that
"it was not the treaty line, but a line run to see how the citizens
could be covered, as they were then settled on the frontier; that they
understood this to be the direction to the commissioners, and that
they conformed to it and ran the line as we had noticed in viewing the
lands between the two rivers." The settlers also said, "the law, as
they were likely to be affected, had been incautiously worded. They
understood from it that the line from Clinch to cross the Holston at
the ridge would turn thence south to the South Carolina Indian boundary
on the North Carolina line. We replied that this understanding of it
was erroneous. There was no such course in the treaty, and they should
never suppose that the Government would be capable of violating a
solemn guarantee; that, although the expression was 'thence south,' yet
it must be understood as meaning southeastwardly, to the point next
called for, as the point is in that direction and far to the east; that
the lands in question had moreover been expressly reserved by the State
of North Carolina for the Indians, and the occupants had not, as some
others had, even the plea of entry in the land office of that State."

The law referred to above by the settlers and the commissioners was the
act of Congress approved May 19, 1796, entitled "An act to regulate
trade and intercourse with the Indian tribes and to preserve peace on
the frontiers." This act recited the course of the Indian boundary as
established by treaty with the various tribes extending from the mouth
of Cuyahoga River along the line described in the treaty of 1795 at
Greenville, to the Ohio River and down the same to the ridge dividing
the Cumberland and Tennessee Rivers; thence, up and along said ridge
and continuing according to the Cherokee treaty of 1791 to the river
Clinch; "thence down said river to a point from which a line shall pass
the Holston, at the ridge which divides the waters running into Little
River from those running into the Tennessee; thence _south_ to the
North Carolina boundary," etc.

Owing to fears for their personal safety caused by the hostile tone
of the settlers toward them, it was not until the 25th of April that
a representative delegation of the Cherokees was convened in council
by the commissioners. There were present 147 chiefs and warriors.
Commissioners were appointed by them to act on behalf of their nation,
in conjunction with those on behalf the United States, to run and mark
the boundary line, and an agreement was reached that Messrs. Hawkins
and Pickens should have authority to select the necessary sites for the
proposed military posts within their country.

During the council a delegation of the intruding settlers presented
themselves but were not allowed to attend the deliberations, being
advised by the commissioners "that it was not in contemplation to make
a new treaty but to carry the treaty of Holston into effect; that
we did not expect much light on this subject from the Indians; that
we should form our decision from the instrument itself and not from
interested reporters on either side; that all who were on the Indian
lands could not be relieved by us; * * * that he (Captain Henly) and
most of the deputation lived on this side of the line of experiment,
and that they had informed us that that line was merely to ascertain
how the citizens could be accommodated and _on this side of the true
line_ intended in the treaty; that to accommodate them a new treaty
must be had and a new line agreed on, and, in our opinion, at this time
it could not be effected; that the Indians were much alarmed for their
situation, and viewed every attempt to acquire land as a violation of
the solemn guaranty of the Government; that we need not expect ever
to obtain fairly their consent to part with their land, unless our
fellow-citizens would pay more respect than we saw they did to their
treaties.

Following this conference with the Indians, the commissioners proceeded
(examining the country carefully en route) to South West Point, at the
mouth of Clinch River, which they reached on the 6th of May, and the
journal of Colonel Hawkins concludes with this day's proceedings. It
is learned, however, from an old map of the line now on file in the
office of Indian Affairs, that the survey was not begun until more than
three months after their arrival at South West Point. From another map
in the same office it appears that the line as surveyed extended from
a point about 1,000 yards above South West Point in a course S. 76° E.
to the Great Iron Mountain, and was known as "Hawkins Line."[86] From
this point the line continued in the same course until it reached the
treaty line of 1785, and was called "Pickens Line." The supposition
is that as the commissioners were provided with two surveyors, they
separated, Colonel Hawkins with Mr. Whitner as surveyor running the
line from Clinch River to the Great Iron Mountains, and General Pickens
with Colonel Kilpatrick as surveyor locating the remainder of it. This
supposition is verified so far as General Pickens is concerned by his
own written statement.[87]

From the point where it struck the Clinch River, the line of cession
by this treaty of 1791 followed up the course of that river until it
struck Campbell's line at a point 3 or 4 miles southwest of the present
town of Sneedville. From this point it became identical with the
boundary line prescribed by the treaty of November 28, 1785 at Hopewell.

The tract of country ceded by this treaty comprised the territory
within the present limits of Sevier, Cocke, Jefferson, Hamblen,
Grainger, and almost the entirety of Knox, as well as portions
of Roane, Loudon, Anderson, Union, Hancock, Hawkins, Sullivan,
Washington, Greene, and Blount Counties in Tennessee, together with a
portion of North Carolina lying principally west of the French Broad
River.

[Footnote 79: Ib., p. 628-630.]

[Footnote 80: January 31, 1792. See American State Papers, Indian
Affairs, Vol. I, p. 629.]

[Footnote 81: It may not be uninteresting as a historical incident
to note the fact that at the time of General Wayne's treaty at
Greeneville, in 1795, a band of Cherokees had settled on the
head-waters of the Scioto River in Ohio. Not presenting themselves
at the conferences preceding that treaty, General Wayne sent them a
special message through Captain Long Hair, one of their chiefs, with
the information that if they failed to conclude articles of peace with
him they would be left unprotected. They sent a delegation to assure
General Wayne of their desire for peace, saying that as soon as they
gathered their crop of corn they would return to their tribe, which
they did.]

[Footnote 82: American State Papers. Indian Affairs, Vol. I, p. 630.
According to the original manuscript journal of Col. Benj. Hawkins,
Major Craig's house was 1/4 mile below the source of Nine-Mile Creek.]

[Footnote 83: September 27, 1792. See American State Papers, Indian
Affairs, Vol. I, p. 630.]

[Footnote 84: Report of Boundary Commissioners, November 30, 1792.
American State Papers, Indian Affairs, Vol. I, p. 630.]

[Footnote 85: Report of Boundary Commissioners, November 30, 1792.
American State Papers, Indian Affairs, Vol. I, p. 630.]

[Footnote 86: See preamble to treaty of 1798; American State Papers,
Indian Affairs, Vol. I, pp. 639-641; letters of Indian Bureau, War
Department, December 13 and 14, 1828; also, old manuscript maps in
Office of Indian Affairs, Nos. 716 and 749. By the former of these
maps it appears that the survey of "Hawkins Line" from Clinch River
was begun August 13, 1797, and that "the line commences on the Clinch,
one-fourth mile above the ferry, in view of South West Point. (The
ferry was 600 yards above the point.) From this point the view through
the vista or street passing Captain Wade's garden to the right S. 26 W.
the same side of the river above N. 47 W. The beginning tree, a Spanish
oak, marked U. S. on the north side and C. on the south; on the oak
1797. A wahoo marked U. S. and C. under the U. S. Aug. 13, continues
the line 4 cuts 7 strikes to the Cumberland road, here a white oak
marked U. S. and C. The mile trees have U. S. and C. marked on them,"
etc.]

[Footnote 87: Letter of Gen. Andrew Pickens to Hon. Mr. Nott, of South
Carolina, January 1, 1800. See American State Papers, Public Lands,
Vol. I, p. 104.]

TREATY CONCLUDED FEBRUARY 17, 1792; PROCLAIMED FEBRUARY 17, 1792.

_Held at Philadelphia, Pennsylvania, between Henry Knox,
Secretary of War, on behalf of the United States, and certain
chiefs and warriors, in behalf of themselves and the Cherokee
Nation._

MATERIAL PROVISIONS.

This treaty was negotiated as, and declared to be, an additional
article to the treaty of July 2, 1791, and provided as follows:

1. That the annual sum to be paid to the Cherokees by the United
States, in consideration of the relinquishment of lands, made in treaty
of 1791, be $1,500 instead of $1,000.

HISTORICAL DATA.

DISCONTENT OF THE CHEROKEES.

As stated in considering the treaty of July 2, 1791, the Secretary of
War notified Governor Blount[88] that the President had ratified the
same, and inclosed printed copies thereof to him for distribution. This
was equivalent to its official promulgation, although the treaty as
printed in the United States Statutes at Large gives February 17, 1792,
as the date of proclamation.

But, whichever may be the correct date, during the interval elapsing
between them, a Cherokee delegation, without the invitation or
knowledge of the United States authorities, proceeded to Philadelphia
(then the seat of Government), where they arrived on the 28th of
December, 1791, bringing with them from Governor Pinckney and General
Pickens, of South Carolina, evidence of the authenticity of their
mission.[89]

The delegation consisted of six, besides the interpreter, and was
headed by Nen-e-too-yah, or the Bloody Fellow. They were kindly
received by the President, who directed the Secretary of War to
ascertain their business.

Conferences were thereupon held with them, lasting several days, at
which the Indians detailed at great length their grievances and made
known their wants.

_Causes of complaint._--The substance of their communications was to
the effect that when they were summoned by Governor Blount to the
conference which resulted in the treaty of July 2, 1791, they were
unaware of any purpose on the part of the Government to secure any
further cession of land from them; that they had protested vigorously
and consistently for several days against yielding any more territory,
but were met with such persistent and threatening demands from Governor
Blount on the subject that they were forced to yield; that they had no
confidence that the North Carolinians would attach any sacredness to
the new boundary, in fact they were already settling beyond it; and
that the annuity stipulated in the treaty of 1791, as compensation for
the cession, was entirely inadequate. They therefore asked an increase
of the annuity from $1,000 to $1,500, and furthermore demanded that the
white people who had settled south of the ridge dividing the waters of
Little River from those of the Tennessee should be removed, and that
such ridge should be the barrier.

President Washington, believing their demand to be a just one, and also
desiring that the delegation should carry home a favorable report of
the attitude and disposition of the Government toward them, submitted
the matter to the Senate[90] and requested the advice of that body as
to the propriety of attaching an additional article to the treaty of
1791 which should increase the annuity from $1,000 to $1,500.

_Annuity increased._--To this proposition the Senate gave its advice
and consent,[91] and what is mentioned in the United States Statutes
at Large as a treaty concluded and proclaimed February 17, 1792,[92]
became the law of the land.

WAR WITH CHEROKEES.

This concession did not, however, in any large degree heal the
differences and antagonisms existing between the Indians and the border
settlers, with whom they were brought in constant contact. Even while
the treaty of 1792 was being negotiated by the representatives of
the Cherokees at the capital of the nation, a portion of their young
warriors were consummating arrangements for the precipitation of a
general war with the whites, and in September, 1792, a party of upwards
of 700 Cherokee and Creek warriors attacked Buchanan's Station, Tenn.,
within 4 miles of Nashville. They were headed by the Cherokee chief
John Watts, who was one of the signers of the treaty of Holston, and
had he not been severely wounded early in the attack, it is likely the
station would have been destroyed.[93]

A year later, between twelve and fifteen hundred Indians of the
same tribes invaded the settlements on the Holston River and
destroyed Cavitt's Station, 7 miles below Knoxville.[94] In fact,
the intermediate periods between 1791 and 1795 were filled up by the
incursions of smaller war parties, and it was not until the latter
year that the frontiers found any repose from Indian depredations.

The general tranquillity enjoyed after that date seems to have been
occasioned by the wholesome discipline administered to the tribes
northwest of the Ohio by General Wayne, in his victory of August 20,
1794, and as a result of the expedition of Major Ore, with his command
of Tennesseeans and Kentuckians, in September of the same year, against
the Lower Towns of the Cherokees, wherein two of those towns, Running
Water and Nickajack, were destroyed.[95]

[Footnote 88: November 19, 1791. See American State Papers, Indian
Affairs, Vol. I, p. 629.]

[Footnote 89: American State Papers, Indian Affairs, Vol. I, p. 203.]

[Footnote 90: January 18, 1792.]

[Footnote 91: January 20, 1792.]

[Footnote 92: United States Statutes at Large, Vol. VII, p. 42.]

[Footnote 93: This attack was made about midnight on the 30th of
September, 1792. See American State Papers, Indian Affairs, Vol. I, p.
294.]

[Footnote 94: American State Papers, Indian Affairs, Vol. I, p. 468.]

TREATY CONCLUDED JUNE 26, 1794; PROCLAIMED JANUARY 21, 1795.[96]

_Held at Philadelphia, Pa., between Henry Knox, Secretary of
War, on behalf of the United States, and the chiefs and warriors
representing the Cherokee Nation of Indians._

MATERIAL PROVISIONS.

The treaty of July 2, 1791, not having been fully carried into effect,
by reason of some misunderstanding, this treaty was concluded to
adjudicate such differences, and contains the following provisions:

1. The treaty of July 2, 1791, declared to be in full force in respect
to the boundaries, as well as in all other respects whatever.

2. The boundaries mentioned in the 4th article of treaty of July 2,
1791, to be ascertained and marked after ninety days' notice shall have
been given to the Cherokee Nation of the time and place of commencing
the operation by the United States commissioners.

3. The United States agree, in lieu of all former sums, to furnish the
Cherokees with $5,000 worth of goods annually, as compensation for all
territory ceded by treaties of November 28, 1785, and July 2, 1791.

4. Fifty dollars to be deducted from Cherokee annuity for every horse
stolen by Cherokees from whites and not returned within three months.

5. These articles to be considered as additions to treaty of July 2,
1791, as soon as ratified by the President and Senate of the United
States.

HISTORICAL DATA.

COMPLAINTS CONCERNING BOUNDARIES.

The destruction of the official records renders it very difficult to
ascertain the details of the misunderstandings alleged in the preamble
of this treaty of June 26, 1794,[97] to have arisen concerning the
provisions of the treaty of 1791. But it is gathered from various
sources that the principal cause of complaint was in reference to
boundaries.

After that treaty was concluded, however, it became evident that there
would be difficulty in determining satisfactorily where the ridge came
in contact with the Holston, inasmuch as the white settlers in the
vicinity could not agree upon it. The Indians also changed their minds
in some respect as to the proper course of the line; but, in view of
the fact that settlers were encroaching with great persistency upon
their territory, they saw the necessity of taking immediate steps to
have the boundary officially surveyed and marked. They also revived an
old claim to pay for lands yielded by them in the establishment of the
treaty line of 1785, for which they had received no compensation.

_Increase of annuity._--In the conference preceding the signature of
this treaty of 1794 they insisted that for this and other reasons an
increase should be made in the annuity provided by the treaty of 1791,
as amended by that of 1792. This was agreed to by the United States,
and the annuity was increased from $1,500 to $5,000.

_Boundary line to be surveyed._--It was also agreed that the treaty
line of 1791 should be promptly surveyed and marked after ninety days'
notice had been given to the Cherokees of the time when and the place
where the survey should begin.

This, as has already been stated in connection with the treaty of
1791, had been so far performed in the fall of 1792 as to run but not
mark a preliminary line for a short portion of the distance, but in
spite of the additional agreement in this treaty of 1794 the actual
and final survey did not take place until 1797,[100] three years after
the conclusion of this treaty and more than seven years after it was
originally promised to be done.

The treaty of 1794 was concluded by the Secretary of War himself with
a delegation of the Cherokees who had visited Philadelphia for that
purpose. It was communicated by President Washington to the Senate on
the 30th of December, 1794.[101]

CHEROKEE HOSTILITIES.

While this treaty was being negotiated, and for some months thereafter,
a portion of the Cherokees were engaged in the bitterest hostilities
against the white settlements, which were only brought to a close, as
has been incidentally remarked in discussing the treaty of 1792, by the
expedition of Major Ore against the Lower Cherokee towns in September,
1794.

_Peace conference._--Following this expedition the hostile Cherokees
sued for peace, and at their request a conference was held with them by
Governor Blount, at Tellico Block House, on the 7th and 8th of November
of that year.[102]

This council was attended by Col. John Watts, of Willstown, principal
leader of the hostiles; Scolacutta, or the Hanging Maw, head chief
of the nation, and four hundred other chiefs and warriors. A general
disposition seemed to be manifested among them to abandon their habits
of depredation and secure for themselves and their families that
peace to which they, as well as their white neighbors, had long been
strangers. Governor Blount met them in a friendly spirit and sought, by
every means in his power, to confirm them in their good disposition.

In reporting the facts of this conference to the Secretary of War he
asserted one of the most fruitful causes of friction between the whites
and Indians to be the stealing and selling of horses by the latter,
for which they could always find a ready and unquestioned market among
unscrupulous whites. As measures of frontier protection he suggested
the continuance of the three military garrisons of Southwest Point at
the mouth of the Clinch, of Fort Granger at the mouth of the Holston,
and of Tellico Block House, opposite the remains of old Fort Loudon,
and also the erection of a military post, if the Cherokees would permit
it, on the north bank of the Tennessee, nearly opposite the mouth of
Lookout Mountain Creek. Subsequently[103] he held a further conference
with the Cherokees and endeavored to foster hostilities between them
and the Creeks by urging the organization of a company of their young
warriors to patrol the frontiers of Mero District for its protection
against incursions of the Creeks. To this the leading Cherokee chiefs
refused assent, not because of any objection to the proposition, but
because they desired time for preparation.

INTERCOURSE ACT OF 1796.

Early in the following year[104] President Washington, in an emphatic
message, laid before Congress a communication from Governor Blount
setting forth, the determination of a large combination of persons
to take possession of certain Indian lands south and southwest of
the Cumberland, under the pretended authority of certain acts of the
legislature of North Carolina, passed some years previous, for the
relief of her officers and soldiers of the Continental line.

In view of the injustice of such intrusions and the mischievous
consequences which would of necessity result therefrom, the President
recommended that effective provision should be made to prevent them.

This eventuated in the passage of the act of Congress, approved May 19,
1796,[105] providing for the government of intercourse between citizens
of the United States and the various Indian tribes.

[Footnote 95: Report of Maj. James Ore to Governor Blount, September
24, 1794. He left Nashville September 7, with 550 mounted infantry,
crossed the Tennessee on the 12th, about 4 miles below Nickajack, and
on the morning of the 13th destroyed Nickajack and Running Water towns,
killing upwards of 50 and making a number prisoners. See American State
Papers, Indian Affairs, Vol. I, p. 632.]

At the treaty of 1791, Governor Blount, as he alleges, sought, by every
means in his power, to have the boundary of the cession follow, so far
as might be, the natural barrier formed by the dividing ridge between
the waters of Little River and those of the Tennessee,[98] and such
in fact was the tenor of his instructions from the Secretary of War;
but the Indian chiefs unanimously insisted that the boundary should be
a straight line, running from the point where the ridge in question
should strike the Holston, and assumed as evidence of the crookedness
of Governor Blount's heart the fact that he desired to run a crooked
line.[99]

[Footnote 96: United States Statutes at Large, Vol. VII, p. 43.]

[Footnote 97: United States Statutes at Large, Vol. VII, p. 43.]

[Footnote 98: American State Papers, Indian Affairs, Vol. I, p. 629.]

[Footnote 99: Letter of Governor Blount to Secretary of War, March 2,
1792. See American State Papers, Indian Affairs, Vol. I, p. 629.]

[Footnote 100: American State Papers, Indian Affairs, Vol. I, p. 628.]

[Footnote 101: American State Papers, Indian Affairs, Vol. I, p. 543.]

[Footnote 102: American State Papers, Indian Affairs, Vol. I, p. 536.]

[Footnote 103: January 3, 1795. See American State Papers, Indian
Affairs, Vol. I, p. 536.]

[Footnote 104: February 2, 1796. See American State Papers, Indian
Affairs, Vol. I, p. 581.]

TREATY CONCLUDED OCTOBER 2, 1798.[106]

_Held near Tellico, in the Cherokee Council House between
George Walton and Lieut. Col. Thomas Butler, commissioners on
behalf of the United States, and the chiefs and warriors of the
Cherokee Nation._

MATERIAL PROVISIONS.

Owing to misunderstandings and consequent delay in running the boundary
line prescribed by the treaties of 1791 and 1794, and the ignorant
encroachment of settlers on the Indian lands within the limits of such
boundaries before their survey, it became desirable that the Indians
should cede more land. The following treaty was therefore concluded:

1. Peace and friendship are renewed and declared perpetual.

2. Previous treaties acknowledged to be of binding force.

3. Boundaries of the Cherokees to remain the same where not altered by
this treaty.

4. The Cherokees cede to the United States all lands within the
following points and lines, viz: From a point on the Tennessee River,
below Tellico Block House, called the Wild Cat Rock, in a direct line
to the Militia Spring near the Maryville road leading from Tellico.
From the said spring to the Chill-howie Mountain by a line so to be
run as will leave all the farms on Nine Mile Creek to the northward
and eastward of it, and to be continued along Chill-howie Mountain
until it strikes Hawkins's line. Thence along said line to the Great
Iron Mountain, and from the top of which a line to be continued in a
southeastwardly course to where the most southwardly branch of Little
River crosses the divisional line to Tuggaloe River. From the place
of beginning, the Wild Cat Rock, down the northeast margin of the
Tennessee River (not including islands) to a point one mile above the
junction of that river with the Clinch, and from thence by a line to
be drawn in a right angle until it intersects Hawkins's line leading
from Clinch. Thence down the said line to the river Clinch; thence
up the said river to its junction with Emmery's River; thence up
Emmery's River to the foot of Cumberland Mountain. From thence a line
to be drawn, northeastwardly along the foot of the mountain until it
intersects with Campbell's line.

5. Two commissioners to be appointed (one by the United States and one
by the Cherokees) to superintend the running and marking of the line,
immediately upon signing of the treaty, and three maps to be made after
survey for use of the War Department, the State of Tennessee, and the
Cherokee Nation respectively.

6. Upon signing the treaty the Cherokees to receive $5,000 cash and
an annuity of $1,000, and the United States to guarantee them the
remainder of their country forever.

7. The United States to have free use of the Kentucky road running
between Cumberland Mountain and river, in consideration of which the
Cherokees are permitted to hunt on ceded lands.

8. Notice to be given the Cherokees of the time for delivering annual
stipends.

9. Horses stolen by either whites or Indians to be paid for at $60
each (if by a white man, in cash; if by an Indian, to be deducted from
annuity). All depredations prior to the beginning of these negotiations
to be forgotten.

10. The Cherokees agree that the United States agent shall have
sufficient ground for his temporary use while residing among them.
This treaty to be binding and carried into effect by both sides when
ratified by the Senate and President of the United States.

HISTORICAL DATA.

DISPUTES RESPECTING TERRITORY.

In the year 1797 the legislature of the State of Tennessee addressed a
memorial and remonstrance to Congress upon the subject of the Indian
title to lands within that State. The burden of this complaint was
the assertion that the Indian title was at best nothing greater than
a tenancy at will; that the lands they occupied within the limits of
the State had been granted by the State of North Carolina, before the
admission of Tennessee to the Union, to her officers and soldiers of
the Continental line, and for other purposes; that the treaties entered
into with the Cherokees by the United States, guaranteeing them the
exclusive possession of these lands, were subversive of State as well
as individual vested rights, and praying that provision be made by law
for the extinguishment of the Indian claim.[107]

This was communicated to Congress by the President. Mr. Pinckney,
from the committee of the House of Representatives to which the matter
was referred, submitted a report,[108] accompanied by a resolution
making an appropriation for the relief of such citizens of the State
of Tennessee as had a right to lands within that State, by virtue of
the cession out of the State of North Carolina, provided they had made
actual settlement thereon and had been deprived of the possession
thereof by the operation of the act of May 19, 1796, for regulating
intercourse with the Indian tribes. The sum to be appropriated, it was
declared, should be subject to the order of the President of the United
States, to be expended under his direction, either in extinguishing the
Indian claim to the lands in question, by holding a treaty for that
purpose, or to be disposed of in such other manner as he should deem
best calculated to afford the persons described a temporary relief.

_New treaty._--The House of Representatives, on considering the
subject, passed a resolution directing the Secretary of War to lay
before them such information as he possessed relative to the running of
a line of experiment from Clinch River to Chilhowie Mountain by order
of Governor Blount, to which the Secretary responded on the 5th of
January, 1798.[109]

Following this, on the 8th of the same month, President Adams
communicated a message to the Senate, setting forth that the situation
of affairs between some of the citizens of the United States and the
Cherokees had evinced the propriety of holding a treaty with that
nation, to extinguish by purchase their right to certain parcels of
land and to adjust and settle other points relative to the safety
and convenience of the citizens of the United States. With this view
he nominated Fisher Ames, of Massachusetts, Bushrod Washington, of
Virginia, and Alfred Moore, of North Carolina, to be commissioners,
having authority to hold conferences and conclude a treaty with the
Cherokees for the purposes indicated.[110]

The Senate concurred in the advisability of the proposed treaty, but
Fisher Ames and Bushrod Washington having declined, George Walton and
John Steele were associated with Mr. Moore, and detailed instructions
were given for their guidance.[111]

By these instructions they were vested jointly and severally with full
powers to negotiate and conclude a treaty with the Cherokees, limited
only by the scope of the instructions themselves. The Cherokee agent
had already been directed to notify the Indians and the commandant of
United States troops in Tennessee to furnish an escort sufficient for
the protection of the negotiations.

_Further purchase of Cherokee lands proposed._--The commissioners
were directed as a primary consideration to secure, if possible, the
consent of the Cherokees to the sale of such part of their lands as
would give a more convenient form to the State of Tennessee and conduce
to the protection of its citizens. Especially was it desirable to
obtain their consent to the immediate return of such settlers as had
intruded on their lands and in consequence had been removed by the
United States troops, such consent to be predicated on the theory that
the Cherokees were willing to treat for the sale to the United States
of the lands upon which these people had settled. They were directed to
renew the unsuccessful effort made by Governor Blount in 1791 to secure
the consent of the Cherokees that the boundary should begin at the
mouth of Duck River and run up the middle of that stream to its source
and thence by a line drawn to the mouth of Clinch River. The following
alternative boundary propositions were directed to be submitted for the
consideration of the Indians, in their numerical order, viz:

1. A line (represented on an accompanying map by a red dotted line)
from a point on the ridge dividing the waters of the Cumberland from
the Tennessee River, in a southwest direction, until it should strike
the mouth of Duck River; thence from the mouth to the main source of
the river; thence by a line over the highest ridges of the Cumberland
Mountains to the mouth of Clinch River; thence down the middle of the
Tennessee River till it struck the divisional line under the treaties
of 1791 and 1794; thence along said line to its crossing of the Cunchee
Creek running into Tuckasegee; thence to the Great Iron Mountains;
thence a southeasterly course to where the most southerly branch of
Little River crossed the divisional line to Tugaloo River.

2. A line (represented on said map by a double red line) beginning at
the point 40 miles above Nashville, as ascertained by the commissioners
(and laid down on said map); thence due east till it struck the dotted
line on Cumberland Mountains; along said mountains to the junction of
Clinch and Tennessee Rivers; and down the Tennessee to the extent of
the boundary described in the first proposition.

3. A line (dotted blue) beginning at a point 56 miles from the point 40
miles above Nashville, on the northeast divisional line, being 1-1/2
miles south of the road called Walton's or Caney Fork road; thence on
a course at the same distance from the said road to where it crosses
Clinch River; thence resuming the remaining boundary as described in
the first proposition.

4. A line (being a double blue line on the map) beginning at a point
one mile south of the junction of the Clinch and Tennessee Rivers;
thence westerly along the course of the road 1-1/2 miles south thereof
until it entered into Cumberland Mountains; thence a northeasterly
course along the ridges of said mountains on the west of Powell's
Valley and River to the source of the river next above Clear Fork, and
thence down the middle of the same to the northeast divisional line;
the Tennessee River and the further line thence, as described in the
first proposition, to be the remaining boundary.

In case the Indians should accept the first proposition and cede the
tract therein described, or a greater quantity, the commissioners were
to solemnly guarantee the Cherokees the remainder of their country and
agree to their payment by the United States of either an annuity of
$4,000, or to deliver them, on the signing of the treaty, goods to the
amount of $5,000 and the further sum of $20,000 in four equal annual
installments.

Refusing the first and accepting the second proposition, they were to
receive the same guarantee, and an annuity of $3,000, or $5,000 at once
in goods and $15,000 in three equal annual installments.

Refusing the first and second and accepting the third proposition, the
same guarantee was offered and an annuity of $2,000, or $5,000 in goods
on signing the treaty and $10,000 in two equal annual installments.

Accepting the fourth proposition, to the exclusion of the other three,
the same guarantee was to be given, together with an annuity of $1,000,
or $5,000 in goods on signing the treaty and the same amount during the
year 1799.

It was also represented by the Secretary of War that the arts and
practices used to obtain Indian land in defiance of treaties and the
laws, at the risk of involving the whole country in war, had become
so daring, and received such countenance from persons of prominent
influence, as to render it necessary that the means to countervail
them should be augmented. To this end, as well as to more effectually
secure to the United States the advantages of the land which should be
obtained by the treaty, the commissioners were instructed to secure the
insertion into the treaty of provisions of the following import:

1. That the new line should be run and marked by two commissioners, one
of whom should be appointed by the treaty commissioners and the other
by the Indians. They should proceed immediately upon the signing of
the treaty to the execution of that duty, upon the completion of which
three maps thereof should be prepared, one for the use of the Secretary
of War, one for the executive of the State of Tennessee, and one for
the Cherokees.

2. That the Cherokees should at all times permit the President of the
United States to employ military force within their boundaries for
the arrest and removal of all persons seeking to make unauthorized
negotiations with or to incite their hostility toward the United States
or any of its citizens, or toward any foreign nation or Indian nation
or tribe within the limits and under the protection of the United
States; also, of all persons who should settle on or who should attempt
to reside in the Indian country without the written permission of the
President.

3. That the treaty should not be construed either to affect the right
or title of any ejected settler upon the Indian lands to the tract
theretofore occupied by him or in any manner to enlarge his right or
claim thereto; and that all Indian land purchased by the contemplated
treaty, which had not been actually occupied as aforesaid, should
remain subject to the operation of all the provisions of the proposed
as well as any former treaty and of the laws of the United States
relative to Indian country, until such time as said lands should be
sold by and under the authority of the United States. This provision
was intended to prevent any further intrusion on any part of the land
ceded by the State of North Carolina to the United States; as also
upon the land set apart to the Cherokee Indians by the State of North
Carolina, by act of her legislature, passed May 17, 1783, described as
follows, viz: "Beginning on the Tennessee, where the southern boundary
of this State intersects the same, nearest to the Chicamauga towns;
thence up the middle of the Tennessee and Holston to the middle of
French Broad; thence up the middle of French Broad River (which lines
are not to include any island or islands in the said river) to the
mouth of Big Pigeon River; thence up the same to the head thereof;
thence along the dividing ridge, between the waters of Pigeon River and
Tuckasege River, to the southern boundary of this State."

4. The United States should have the right to establish such military
posts and garrisons within the Indian limits for their protection as
should be deemed proper. In case it should be found impracticable to
obtain Duck River or a line that should include within it the road
leading from Southwest Point to Cumberland River for a boundary, the
commissioners were to stipulate for certain parcels of land lying on
such road at convenient distances from each other for the establishment
of houses of entertainment for travelers. Also in case the cession
obtained should not include both sides of the ferry on Clinch River, to
secure a limitation upon the rates of toll that should be charged by
the occupant.

The commissioners repaired to Knoxville, where they ascertained it to
be the desire of the Indians that the treaty negotiations should be
held at Oostenaula, the Cherokee capital.

To this the commissioners objected, but agreed to meet the Indians
at Chota, which they concluded to change to Tuckasege, and, finally,
before the date fixed for the meeting, June 25, again changed it to
Tellico, where the conference was held.[112]

_Tennessee commissioners attend the council._--In the mean time[113]
Governor Sevier of Tennessee designated General Robertson, James
Stuart, and Lachlan McIntosh as agents to represent the interests of
that State at the treaty, and gave them minute instructions covering
the following points,[114] viz:

1. To obtain as wide an extinguishment of the Cherokee claim north of
the Tennessee River as possible.

2. An unimpeded communication of Holston and Clinch Rivers with the
Tennessee and the surrender of the west bank of the Clinch opposite
South-West Point.

3. To secure from future molestation the settlements as far as they had
progressed on the northern and western borders of the State and the
connection of Hamilton and Mero districts, then separated by a space of
unextinguished hunting ground 80 miles wide.

4. To examine into the nature and validity of the claim recently set
up by the Cherokees to lands north of the Tennessee River; whether it
rested upon original right or was derived from treaties; or was founded
only upon temporary use or occupancy.

The council opened early in July. The "Bloody Fellow," a Cherokee
chief, at the outset delivered a paper which he stated to contain their
final resolutions, and which covered a peremptory refusal to sell
any land or to permit the ejected settlers to return to their homes.
After seeking in vain to shake this determination of the Cherokees,
further negotiations were postponed until the ensuing fall, and the
commissioners departed.

On the 27th of August, the Secretary of War addressed some additional
instructions upon the subject to George Walton and Lieut. Col. Thomas
Butler as commissioners (John Steele having resigned and Alfred Moore
having returned to his home in North Carolina), authorizing them to
renew the negotiations. The original instructions were to form the
basis of these negotiations, but if it should be found impracticable to
induce the Indians to accede to either of the first three propositions,
an abandonment of them was to take place, and resort was to be had to
the fourth proposition, which might be altered in any manner as to
boundaries calculated to secure the most advantageous results to the
United States.[115] The council was resumed at Tellico on the 20th of
September, but it was found, during the progress thereof, that there
was no possibility of effecting the primary objects of the State agents
of Tennessee. General Robertson failed to attend. General White (who
had been appointed in the place of Stuart) was there, but Mr. McIntosh
resigned and Governor Sevier himself attended in person.

The treaty was finally concluded on the 2d of October, by which a
cession was secured covering most of the territory contemplated by the
fourth proposition, with something additional. It included most if not
all the lands from which settlers had been ejected by the United States
troops, and they were permitted to return to their homes.

The road privilege sought to be obtained between East and Middle
Tennessee was also realized, except as to the establishment of houses
of entertainment for travelers.[116]

President Adams transmitted the treaty to the Senate,[117] and that
body advised and consented to its ratification.

_Boundary lines surveyed._--In fulfillment of the provisions of the
fifth article of the treaty concerning the survey of boundary lines,
the President appointed Captain Butler as a commissioner to run that
portion of the line described as extending from Great Iron Mountain in
a southeasterly direction to the point where the most southerly branch
of Little River crossed the divisional line to Tugaloo River, which
trust he executed in the summer of 1799.[118] Owing to the unfortunate
destruction of official records by fire, in the year 1800, it is
impossible to ascertain all the details concerning this survey, but it
was executed on the theory that the "Little River" named in the treaty
was one of the northernmost branches of Keowee River.

This survey seems not to have been accepted by the War Department, for
on the 3d of June, 1802, instructions were issued by the Secretary of
War to Return J. Meigs, as a commissioner, to superintend the execution
of the survey of this same portion of the boundary. Mr. Thomas Freeman
was appointed surveyor.[119]

From the letter of Commissioner Meigs, transmitting the plat and field
notes of survey,[120] it appears that much difference of opinion had
existed as to what stream was meant by the "Little River" named in the
treaty, there being three streams of that name in that vicinity. Two of
these were branches of the French Broad and the other of Keowee River.
If the line should be run to the lower one of these two branches of the
French Broad, it would leave more than one hundred families of white
settlers within the Indian territory. If it were run to the branch of
Keowee River, it would leave ten or twelve Indian villages within the
State of North Carolina.

It was therefore determined by Commissioner Meigs to accept the upper
branch of French Broad as the true intent and meaning of the treaty,
and the line was run accordingly, whereby not a single white settlement
was cut off or intersected, and but five Indian families were left on
the Carolina side of the line.[121]

_Status of certain territory._--In this connection it is pertinent
to remark that the State of North Carolina claimed for her southern
boundary the thirty-fifth degree of north latitude.

The line of this parallel was, however, at that time supposed to run
about 12 miles to the north of what was subsequently ascertained to be
its true location.

Between this supposed line of 35° north latitude and the northernmost
boundary of Georgia, as settled upon by a convention between that State
and South Carolina in 1787, there intervened a tract of country of
about 12 miles in width, from north to south, and extending from east
to west, from the top of the main ridge of mountains which divides
the eastern from the western waters to the Mississippi River. This
tract remained, as was supposed, within the chartered limits of South
Carolina, and in the year 1787 was ceded by that State to the United
States, subject to the Indian right of occupancy. When the Indian title
to the country therein described was ceded to the United States by the
treaty of 1798 with the Cherokees, the eastern portion of this 12-mile
tract fell within the limits of such cession.

On its eastern extremity near the head-waters of the French Broad
River, immediately at the foot of the main Blue Ridge Mountains, had
been located, for a number of years prior to the treaty, a settlement
of about fifty families of whites, who by its ratification became
occupants of the public domain of the United States, but who were
outside the territorial jurisdiction of any State. These settlers
petitioned Congress to retrocede the tract of country upon which
they resided to South Carolina, in order that they might be brought
within the protection of the laws of that State.[122] A resolution
was reported in the House of Representatives, from the committee to
whom the subject had been referred, favoring such a course,[123] but
Congress took no effective action on the subject, and when the State
boundaries came to be finally adjusted in that region the tract in
question was found to be within the limits of North Carolina.

_Yellow Creek settlement._--After that portion of the boundary of the
country ceded by the treaty of 1798 which extended along the foot of
Cumberland Mountain until it intersected "Campbell's Line" had been
surveyed, complaint was made by certain settlers on Yellow Creek that
by the action of the surveyors in not prolonging the line to its true
point of termination, their homes had been left within the Indian
country.

Thereupon the Secretary of War instructed Agent Meigs[124] to go in
person and examine the line as surveyed with a view to ascertaining the
truth concerning the complaints.

It was ascertained that the "point" of Campbell's Line was not on
Cumberland Mountain proper, but on the ridge immediately east thereof,
known as Poor Valley Ridge. This ridge is nearly as lofty as the
main range, and Colonel Campbell, in approaching it from the east,
had mistaken it for that range and established his terminal point
accordingly. The surveyors under the treaty of 1798, assuming the
correctness of Colonel Campbell's survey, had made the line of their
survey close thereon. By such action the Indian boundary in that
locality was extended 332 poles further to the east than would have
been the case had the true reading of the treaty been followed.

A number of families of settlers on Yellow Creek, together with a tract
of about 2,500 acres of land, were thus unfortunately left within the
Indian country. All efforts of Agent Meigs to secure a relinquishment
of this strip of territory from the Indians were, however,
ineffectual.[125]

[Footnote 105: United States Statutes at Large, Vol. I, p. 496.]

[Footnote 106: United States Statutes at Large, Vol. VII, p. 62.]

[Footnote 107: This address and remonstrance will be found in full in
American State Papers, Indian Affairs, Vol. I, page 625.]

[Footnote 108: December 20, 1797.]

[Footnote 109: American State Papers, Indian Affairs, Vol. I, p. 629.]

[Footnote 110: American State Papers, Indian Affairs, Vol. I, p. 631.]

[Footnote 111: These instructions were dated March 2, 1798. See
American State Papers, Indian Affairs, Vol. I, p. 639]

[Footnote 112: Ramsey's Annals of Tennessee, pp. 693, 695.]

[Footnote 113: June 20, 1798.]

[Footnote 114: Ramsey's Annals of Tennessee, pp. 693, 695.]

[Footnote 115: American State Papers, Indian Affairs, Vol. I, p. 640.]

[Footnote 116: By act of September 27, 1794, the legislature of the
territory southwest of the Ohio authorized the raising of a fund for
cutting and clearing a wagon road from Southwest Point to Bledsoe's
Lick on the Cumberland. The funds for this purpose were to be raised
by a lottery managed by Cols. James White, James Winchester, Stockley
Donelson, David Campbell, William Cocke, and Robert Hayes. The Indians
not having granted the necessary right of way, its construction was
necessarily postponed, but subsequently, by act of the legislature
of Tennessee passed November 14, 1801, the Cumberland Road Company
was incorporated and required to cut and clear a road from the Indian
boundary on the east side of Cumberland Mountain to the fork of the
roads leading to Fort Blount and Walton's Ferry.]

[Footnote 117: January 15, 1799.]

[Footnote 118: See letter of General Pickens to Representative Nott, of
South Carolina, January 1, 1800. American State Papers, Public Lands,
Vol. I, p. 103.]

[Footnote 119: Letter of Secretary of War to Return J. Meigs, in Indian
Office records.]

[Footnote 120: Dated October 20, 1802.]

[Footnote 121: Commissioner Meigs mentions that the accompanying plat
and field notes of Mr. Freeman, the surveyor, will give more abundant
details regarding this survey. After a careful search, however, no
trace has been found among the Indian Office records and files of
the plat and field notes in question. There is much difficulty in
ascertaining the exact point of departure of "Meigs Line" from Great
Iron Mountains. In the report of the Tennessee and North Carolina
boundary commissioners in 1821 it is stated to be 31-1/2 miles by the
course of the mountain ridge in a general southwesterly course from
the crossing of Cataluche Turnpike; 9-1/2 miles in a similar direction
from Porter's Gap; 21-1/2 miles in a northeasterly direction from the
crossing of Equovetley Path, and 33-1/2 miles in a like course from the
crossing of Tennessee River. All of these courses and distances follow
the crest of the Great Iron Mountains. It is stated to the author, by
General R. N. Hood, of Knoxville, Tenn., that there is a tradition that
"Meigs Post" was found some years since about 1-1/2 miles southwest of
Indian Gap. A map of the survey of Qualla Boundary, by M. S. Temple, in
1876, shows a portion of the continuation of "Meigs Line" as passing
about 1-1/2 miles east of Quallatown. Surveyor Temple mentions it as
running "S. 50° E. (formerly S. 52-1/2° E.")]

[Footnote 122: See memorial of Matthew Patterson and others, dated
"French Broad, 8th January, 1800," printed in American State Papers,
Public Lands, Vol. I, p. 104.]

[Footnote 123: This resolution was reported by Mr. Harper, from the
committee to whom it was referred, to the House of Representatives,
April 7, 1800, and is printed in American State Papers, Public Lands,
Vol. I, p. 103.]

[Footnote 124: February 7, 1803. See Indian Office records.]

[Footnote 125: See report of Agent Return J. Meigs to the Secretary of
War, May 5, 1803, on file in the Office of Indian Affairs.]

TREATY CONCLUDED OCTOBER 24, 1804; PROCLAIMED MAY 17, 1824.[126]

_Held at "Tellico Block House," Tennessee, between Daniel
Smith and Return J. Meigs, commissioners on the part of the United
States, and the principal chiefs representing the Cherokee Nation._

MATERIAL PROVISIONS.

It is agreed and stipulated that--

1. The Cherokee Nation relinquish and cede to the United States a
tract of land bounding southerly on the boundary line between the
State of Georgia and the Cherokee Nation, beginning at a point on the
said boundary line northeasterly of the most northeast plantation in
the settlement known by the name of Wafford's Settlement, and running
at right angles with the said boundary line 4 miles into the Cherokee
land, thence at right angles southwesterly and parallel to the first
mentioned boundary line so far as that a line to be run at right angles
southerly to the said first mentioned boundary line shall include in
this cession all the plantations in Wafford's Settlement, so called, as
aforesaid.

2. In consideration of this cession the United States agree to pay the
Cherokees $5,000, in goods or cash, upon the signing of the treaty, and
an annuity of $1,000.

HISTORICAL DATA.

NEW TREATY AUTHORIZED BY CONGRESS.

Congress, under date of February 19, 1799,[127] appropriated $25,000
to defray the expense of negotiating a treaty or treaties with the
Indians, and again, on the 13th of May, 1800,[128] appropriated $15,000
to defray the expense of holding a treaty or treaties with the Indian
tribes southwest of the Ohio River, with the proviso that nothing in
the act should be construed to admit an obligation on the part of the
United States to extinguish for the benefit of any State or individual
the Indian claim to any lands lying within the limits of the United
States.

Pursuant to the authority conferred by these enactments, President
Jefferson appointed[129] General James Wilkinson, Wm. R. Davie, and
Benj. Hawkins as commissioners, and they were instructed by the
Secretary of War to proceed to negotiate treaties with the Cherokees,
Creeks, Choctaws, and Chickasaws.

_Objects of the treaty._--The objects sought to be attained with the
Cherokees were to secure their consent, 1st. To cede to the United
States all that portion of their territory lying to the northward of a
direct line to be run from a point mentioned in treaty of October 2,
1798, on Tennessee River, 1 mile above its junction with the Clinch,
to the point at or near the head of the West Fork of Stone's River, on
the ridge dividing the waters of the Cumberland and Duck Rivers which
is struck by a southwest line from the point where the Kentucky road
crosses Cumberland River, as described in the treaty of Holston.

2. That the Tennessee River should be the boundary from its mouth to
the mouth of Duck River; that Duck River should be the boundary thence
to the mouth of Rock Creek; and that a direct line should be run for a
continuation of the boundary from the mouth of Rock Creek to the point
on the ridge that divides the waters of Cumberland from Duck River.

3. That a road should be opened from the boundary line to a circular
tract on Tennessee River at the mouth of Bear River, reserved to the
United States by treaty of 1786 with the Chickasaws. From this point
the road should continue until it reached the Choctaw territory, where
it was to connect with a road through the country of the latter to
Natchez. The entire line of this road must be open to the free use of
citizens of the United States.

4. In case the Indians should refuse to cede any of the lands
designated, the commissioners were instructed to obtain, if possible,
a cession of all the land lying northward of the road leading from
Knoxville to the Nashville settlements, run conformably to the treaty
of 1791. If they should be unwilling to grant this, then to ask for a
strip of land from 1 to 5 miles in width, to include the said road in
its whole extent across their lands. Whether success or failure should
attend the first or second objects of their mission, the commissioners
were to seek the consummation of the third proposition for a road to
the Bear Creek reservation, which would otherwise be of no practical
value to the United States.

If consent was obtained to the first three proposals or to the
alternative marked 4th, an annuity of $1,000 was authorized and an
immediate sum not exceeding $5,000 in cash or goods. If, as had been
represented to the War Department, the Cherokees and Chickasaws both
claimed the land on either side of Tennessee River for a considerable
distance, the commissioners were instructed that they must obtain the
assent of both tribes to the opening of the road.

Six days after the issuance of these instructions, a delegation of
Cherokees, headed by Chief "Glass," arrived in Washington, and obtained
an interview with the Secretary of War.[130] They represented that the
promise had been made them, at the treaty of 1798, that they would
never be asked to cede any more land. Now they learned that the United
States was about to hold another treaty with them to secure further
cessions. They also desired to know whether the United States or the
settlers got the land theretofore ceded, and why they had not been
furnished with the map showing the boundary lines by the treaty of
1798, as had been promised them. In his reply,[131] after seeing the
President, the Secretary of War informed them that no desire existed to
purchase any more land from them unless they were anxious to sell; that
the map should be at once furnished them; that the States of Kentucky
and Tennessee had been formed out of the lands already purchased from
them, and the main object of the proposed treaty with their nation was
to secure the right of way for roads through their country in order to
maintain communication between detached white settlements.

The delegation strenuously objected to the proposed "Georgia" road and
were informed that the matter would not be pressed, but that the road
to Bear River and Natchez was a necessity.

As a result of the visit of this delegation, the instructions to
Messrs. Wilkinson, Davie, and Hawkins were modified,[131] it being
stated by the Secretary of War that he had been mistaken as to
part of the line between the United States and the Cherokees. He
therefore directed that the second object of their instructions should
be suspended as regarded both the Cherokees and the Chickasaws.
Commissioner Davie having declined his appointment, General Andrew
Pickens was substituted in his stead.[132]

_Failure of negotiations._--It is only necessary to observe that the
commissioners failed in the accomplishment of any of their designs with
the Cherokees.

WAFFORD'S SETTLEMENT.

Prior to the survey and marking of the boundary line near Currahee
Mountain in Georgia, provided for by the Cherokee treaty of 1785 and
the Creek treaty of 1790, which survey did not occur until 1798, one
Colonel Wafford, in company with sundry other persons, had formed a
settlement in that vicinity, which proved to be within the limits of
the Indian country.

Inasmuch as it was supposed these parties had ignorantly placed
themselves within the Indian line and had made considerable and
valuable improvements, the Government was indisposed to use harsh or
forcible means for their ejection, but rather approved of the urgent
appeals from Colonel Wafford and his neighbors to make an effort to
secure the relinquishment from the Indians of a tract sufficient to
embrace their settlement.

The Government had been laboring under the impression that these lands
belonged to the Creeks, but the delegation of the Cherokees, headed
by "The Glass," who visited Washington in the summer of 1801, claimed
them as Cherokee territory, and asked for the removal of the settlers.
Commissioners Wilkinson, Hawkins, and Pickens had been instructed[133]
to negotiate with the Creeks for the purchase of this tract, but they
having reported, upon examination, that the title was undoubtedly in
the Cherokees, were directed[134] to report upon the expediency of
applying to the Cherokees for a cession of the same.

Such an application having at this time been unfavorably received
by the Cherokees, nothing further was done in the matter until the
winter of 1803,[135] when the Secretary of War directed a conference
to be held with them for the double purpose of securing a cession or
a lease for seven years of the "Wafford Settlement" tract and the
Indian consent to a right of way for a road through their country
from Southwest Point or Tellico Factory to Athens, Ga., with the
establishment of the necessary houses of entertainment for travelers
along such route. For this latter concession he was authorized to
offer them the sum of $500. The Cherokees having refused both these
propositions, Agent Meigs was directed[136] to secure the granting
of the road privilege, if possible, by offering Vann[137] and other
men of influence among them a proper inducement to enlist their
active co-operation in the matter. This latter method seems to have
been effective, for later in the season[138] the Secretary of War
transmitted to the governors of Georgia and Tennessee an extract from
an agreement entered into with the Cherokees providing for an opening
of the desired road, stating that, as the United States had no funds
applicable to the laying out and construction of such a road, it would
be proper for the legislatures of those States to make the necessary
provision therefor.

The clamor for more land by the constant tide of immigration that was
flowing into Kentucky, Tennessee, and Georgia from the North and East
became more and more importunate. The desire to settle on Indian land
was as potent and insatiable with the average border settler then as it
is now.

FURTHER NEGOTIATIONS AUTHORIZED.

Notwithstanding the recent and oft-repeated refusals of the Cherokees
to part with more land, a new commission, consisting of Return J. Meigs
and Daniel Smith, was appointed and instructed[139] by the Secretary
of War to negotiate a treaty for the cession of lands in Kentucky,
Tennessee, or Georgia, and particularly of the tract near the Currahee
Mountain, including the Wafford settlement.

They were authorized to pay for the first cession a sum not exceeding
$14,000, coupled with an annuity of $3,000, and for the "Wafford tract"
not exceeding $5,000, together with an annuity of $1,000, and were
directed to give "Vann," a Cherokee chief, $200 or $300 to secure his
influence in favor of the proposed purchase.

_Purchase of Wafford settlement tract._--In pursuance of these
instructions a conference was held with the Cherokees at Tellico,
Tenn.,[140] at which they concluded the arrangements for the cession of
the Wafford tract, but failed in their further objects. The treaty was
signed on the 24th of October, and transmitted to the Secretary of War
a week later,[141] two persons having been appointed to designate and
run the lines of the ceded tract, which was found to be 23 miles and
64 chains in length and 4 miles in width.[142]

_Singular disappearance of treaty._--No action having been taken
looking toward the ratification of this treaty for several years
ensuing, Return J. Meigs, in the winter of 1811,[143] addressed a
letter to the Secretary of War calling attention to it, setting forth
the fact that its consideration had theretofore been postponed on
account of a misunderstanding in relation to the limits of the ceded
tract, but that the Cherokees had now of their own motion, and at their
own expense, had a survey made of 10 miles and 12 chains in length in
addition to the original survey, which would make the tract ceded 33
miles and 76 chains in length, and which would include the plantation
of every settler who could make the shadow of a claim to settlement
prior to the survey of the general boundary line run in 1797[144] by
Colonel Hawkins. He therefore concluded that there could be no reason
for further postponing the ratification of the treaty, and urged that
it be done without delay.

Notwithstanding this letter of Agent Meigs no further notice seems to
have been taken of the treaty, and it had been entirely lost sight
of until attention was again called to it by a Cherokee delegation
visiting Washington early in 1824, nearly twenty years after its
conclusion.[145]

After diligent search among the records of the War Department,
Secretary Calhoun reported[146] that no such treaty could be found and
no evidence that any such treaty had ever been concluded. Whereupon
the Cherokee delegation produced their duplicate copy of the treaty
together with other papers relating to it. The Secretary of War,
after receiving a reply[147] to a letter addressed by him to Colonel
McKee, of the House of Representatives (who was one of the subscribing
witnesses to the treaty), became satisfied of its authenticity, and
the President thereupon[148] transmitted the Cherokee duplicate to the
Senate, which body advised and consented to its ratification. It was
duly proclaimed by the President on the 17th of May, 1824.[149]

[Footnote 142: Commissioner Smith in his letter of October 31, 1804, to
the Secretary of War, states that two persons on the part of the United
States, to be accompanied by two Cherokee chiefs, had been designated
to run the boundaries of this cession. The propriety was then urged on
the Cherokees by the commissioners of making a cession of the lands
lying between East and West Tennessee. Several days were consumed in
urging this proposal, and a majority of the chiefs were probably in
favor of it, but Commissioner Smith remarks that a majority, unless it
amounts almost to unanimity, is not considered with them sufficient to
determine in matters of great interest, particularly in making cessions
of lands.]

[Footnote 126: United States Statutes at Large, Vol. VII, p. 228.]

[Footnote 127: United States Statutes at Large, Vol. I, p. 618.]

[Footnote 128: United States Statutes at Large, Vol. II, p. 82.]

[Footnote 129: The President's appointment of these commissioners bore
date of June 18, 1801.]

[Footnote 130: This interview occurred, as shown by the Indian Office
records, on the 30th of June, 1801, and was adjourned to meet again on
the 3d of July.]

[Footnote 131: July 3, 1801. See Indian Office records.]

[Footnote 132: July 16, 1801. See Indian Office records.]

[Footnote 133: July 17, 1801. See Indian Office records.]

[Footnote 134: June 10, 1802. See Indian Office records.]

[Footnote 135: February 19, 1803. See Indian Office records.]

[Footnote 136: May 30, 1803.]

[Footnote 137: "Vann" was a half-breed of considerable ability and
shrewdness, and was at this time perhaps the most influential chief
among the Cherokees. His home was on the route of the proposed Georgia
road, and when the road was constructed he opened a store and house
of entertainment for travelers, from which he derived a considerable
income.]

[Footnote 138: Letter of Secretary of War to governors of Georgia and
Tennessee, dated November 21, 1803.]

[Footnote 139: April 4, 1804.]

[Footnote 140: October 10, 1804. See letter of Daniel Smith to
Secretary of War, October 31, 1804.]

[Footnote 141: October 31, 1804.]

[Footnote 143: December 20, 1811.]

[Footnote 144: It is stated in a resolution of the Georgia legislature,
passed June 16, 1802, that this line was surveyed by Colonel Hawkins in
1798.]

[Footnote 145: The letter of the Cherokee delegation calling attention
to this matter is dated January 19, 1824.]

[Footnote 146: February 6, 1824.]

[Footnote 147: April 15, 1824.]

[Footnote 148: April 30,1824.]

[Footnote 149: United States Statutes at Large, Vol. VII, p. 228.]

TREATY CONCLUDED OCTOBER 25, 1805; PROCLAIMED APRIL 24, 1806.[150]

_Held at Tellico, Tenn., between Return J. Meigs and, Daniel
Smith, commissioners on behalf of the United States, and certain
chiefs and headmen of the Cherokees, representing that nation._

MATERIAL PROVISIONS.

1. All former treaties providing for peace and prevention of crimes are
continued in force.

2. The Cherokees cede to the United States all the land which they have
heretofore claimed lying to the north of the following boundary line:
Beginning at the mouth of Duck River; thence up the main stream of the
same to the junction of the fork at the head of which Fort Nash stood,
with the main south fork; thence a direct course to a point on the
Tennessee River bank opposite the mouth of Hiwassa River. If the line
from Hiwassa should leave out Field's settlement, it is to be marked
around his improvement and then continued the straight course; thence
up the middle of the Tennessee River (but leaving all the islands to
the Cherokees) to the mouth of Clinch River; thence up the Clinch
River to the former boundary line agreed upon with the said Cherokees,
reserving at the same time to the use of the Cherokees a small tract
lying at and below the mouth of Clinch River; from the mouth extending
thence down the Tennessee River from the mouth of Clinch to a notable
rock on the north bank of the Tennessee in view from Southwest Point;
thence a course at right angles with the river to the Cumberland road;
thence eastwardly along the same to the bank of Clinch River, so as to
secure the ferry landing to the Cherokees up to the first hill and down
the same to the mouth thereof, together with two other sections of one
square mile each, one of which is at the foot of Cumberland Mountain,
at and near the place where the turnpike gate now stands, the other on
the north bank of the Tennessee River where the Cherokee Talootiske now
lives. And whereas from the present cession made by the Cherokees, and
other circumstances, the sites of the garrisons at Southwest Point and
Tellico are become not the most convenient and suitable places for the
accommodation of the said Indians, it may become expedient to remove
the said garrisons and factory to some more suitable place; three other
square miles are reserved for the particular disposal of the United
States on the north bank of the Tennessee opposite to and below the
mouth of Hiwassa.

3. In consideration of the foregoing cession the United States agree to
pay $3,000 at once in merchandise, $11,000 in 90 days, and an annuity
of $3,000.

4. The United States to have the use of two roads through the Cherokee
country, one from the head of Stone's River to Georgia road, and
the other from Franklin to the Tombigbee settlements, crossing the
Tennessee River at Muscle Shoals.

5. Treaty to take effect upon ratification by the President by and with
the advice and consent of the Senate.

[Footnote 150: United States Statutes at Large, Vol. VII, p. 93.]

TREATY CONCLUDED OCTOBER 27, 1805; PROCLAIMED JUNE 10, 1806.[151]

_Held at Tellico, Tenn., between Return J. Meigs and Daniel
Smith, commissioners on behalf of the United States, and certain
chiefs and headmen of the Cherokees, representing that nation._

MATERIAL PROVISIONS.

1. The Cherokees cede the section of land at Southwest Point, extending
to Kingston, reserving the ferries and the first island in Tennessee
River above the mouth of Clinch River.

2. The Cherokees consent to the free and unmolested use by the United
States of the mail road from Tellico to Tombigbee so far as it passes
through their country.

3. In consideration of the foregoing the United States agree to pay the
Cherokees $1,600 within 90 days.

4. Treaty to be obligatory on ratification by the President by and with
the advice and consent of the Senate.

HISTORICAL DATA RESPECTING BOTH TREATIES.

CONTINUED NEGOTIATIONS AUTHORIZED.

The commissioners (Return J. Meigs and Daniel Smith) who were appointed
and instructed under date of April 4,1804, and who negotiated the
treaty of October 24, 1804, with the Cherokees, it will be remembered,
failed in the object of their instructions, except as to the single
matter of securing the cession of a tract covering the settlement of
Colonel Wafford and others near Currahee Mountain. They were, however,
directed to continue their negotiations from time to time until the
full measure of their original instructions should be secured.

_Treaties of October 25 and 27, 1805, considered together._--This
course was pursued, and after several fruitless conferences the
commissioners succeeded in concluding the treaties of October 25, 1805,
and October 27, 1805. Inasmuch as these two treaties were negotiated by
the same commissioners, acting under the same instructions and at the
same conference, they will be considered together. The treaties were
upon their conclusion transmitted to the Secretary of War,[152] and,
upon submission to the Senate, that body duly advised and consented to
their ratification. They were ratified and proclaimed by the President
on the 24th of April and 10th of June, 1806, respectively.[153]

_Secret agreement with Doublehead._--Following the transmission of
the treaties to the Secretary of War by the commissioners, the latter
addressed[154] an explanatory communication to him, in which they set
forth that by the terms of the treaty of October 25, 1805, there were
reserved three square miles of land, "for the particular disposal of
the United States, on the north bank of the Tennessee, opposite and
below the mouth of Hiwassa." This reservation, they affirmed, was
predicated ostensibly on the supposition that the garrison at Southwest
Point and the United States factory at Tellico would be placed thereon
during the pleasure of the United States, but that they had stipulated
with "Doublehead," a Cherokee chief, that whenever the United States
should find this land unnecessary for the purposes mentioned it was to
revert to him (Doublehead), provided that he should retain one of the
square miles to his own use, but should relinquish his right and claim
to the other two sections in favor of John D. Chisholm and John Riley
in equal shares.

_Purchase of site for State capital._--The cession by the treaty of
October 27, 1805, of the section of land at Southwest Point was secured
upon the theory that the State of Tennessee would find Kingston a
convenient and desirable place for the establishment of the State
capital. A subsequent change of circumstances and public sentiment,
however, caused it to be located seven years later at Nashville.

_Boundaries surveyed._--On the 11th of July, 1806, the Secretary of
War notified Return J. Meigs of his appointment as commissioner to
superintend the running and marking of the line "from the junction of
the fork at the head of which Fort Nash stood with the main south fork
of Duck River to a point on the Tennessee River bank opposite the mouth
of Hiwassee River." He was also to superintend the survey of the lines
of the reserved tracts agreeably to the treaty of October 25, 1805.

He was directed to appoint a surveyor, but before running the line from
Duck to Tennessee Rivers above described, to have him survey and mark
the lines of the 3-mile tract reserved opposite to and below the mouth
of Hiwassee, and also, when completed, to designate the most suitable
site for the military post, factory, and agency, each site to be 300
feet square and 40 rods distant from the others.

Commissioner Meigs followed the letter of his instructions and caused
the lines to be surveyed in accordance therewith. The line from Duck
River to the mouth of Hiwassee was begun on the 9th and finished on the
26th of October, 1806. The point of departure at the west end of the
boundary line was a red elm tree, trimmed and topped, standing on the
extreme point of land formed by the confluence of that branch of Duck
River at the head of which Fort Nash stood, with the main south fork of
the river. The eastern terminus of the line was a mulberry tree on the
north bank of Tennessee River opposite the mouth of Hiwassee River, 73
miles and 166 poles from the beginning.[155]

CONTROVERSY CONCERNING "DOUBLEHEAD" TRACT.

Colonel Martin, who was employed by Commissioner Meigs, also surveyed
under the latter's direction during the same month the four small
reserved tracts described in the treaty of October 25, 1805.[155] One
of these afterwards produced much controversy. The language of the
treaty called for three square miles on the north bank of Tennessee
River, _opposite to and below_ the mouth of Hiwassee River. Colonel
Meigs, who was one of the commissioners who negotiated the treaty and
was therefore entirely familiar with its intent, caused this tract to
be surveyed adjoining the main line of cession, extending from Duck
River to the mouth of Hiwassee and north of that line, which placed
the tract opposite to and _above_ the mouth of Hiwassee, instead of
"opposite to and below" the mouth of that river.[156]

As above stated, while this reserve was ostensibly for the location of
a military post and factory or trading establishment, it was really
intended for the Cherokee chief Doublehead and other influential
persons, as the price of their influence in securing from the Cherokees
the extensive cession of land granted by the treaty.

This was sought to be secured by means of a secret article attached
to the treaty. This article was reported to the War Department by the
treaty commissioners[157] and made a matter of record, but it was
never sent to the State Department nor to the Senate for the advice
and consent of that body. After Agent Meigs had erected the Hiwassee
garrison buildings on the tract, suit was brought in 1809 by Colonel
McLung against the agent for the recovery of the land and mesne
profits, basing his claim to title upon a grant from the State of
North Carolina, of date long prior to the treaty of 1805. The suit was
decided in the plaintiff's favor by the Tennessee courts. Subsequently,
in 1838, John Riley made application to the Government for compensation
for the loss of his one-third interest in this tract. The question
was submitted to the Attorney-General of the United States for his
opinion. He decided that the secret article, not having been submitted
to the Senate for approval, was not to be considered as any part of the
treaty; but that, if the commissioners had any authority for making
such an agreement, the defective execution of their powers ought not to
prejudice parties acting in good faith and relying on their authority;
nevertheless, no relief could be had except through the action of
Congress.

This secret article was also applicable to the small tract at and
below the mouth of Clinch River, to the 1 mile square at the foot of
Cumberland Mountain, and to the 1 mile square on the north bank of the
Tennessee River, where Cherokee Talootiske lived. The first mentioned
tract was also intended for the benefit of Doublehead, who leased
it February 19, 1806, to Thomas H. Clark for twenty years. Before
the expiration of the lease Doublehead was killed by some of his own
people. December 10, 1820, the State of Tennessee assumed to grant the
tract to Clark.[158]

The other two tracts alluded to of one square mile each were intended
for Cherokee Talootiske. May 31, 1808, Talootiske perpetually leased
his interest in the Cumberland Mountain tract to Thomas H. Clark.
September 17, 1816, Clark purchased the interest of Robert Bell in the
same tract, the latter deriving his alleged title under a grant from
North Carolina to A. McCoy in July, 1793. This tract was also included
in a grant from North Carolina to J. W. Lackey and Starkey Donaldson,
dated January 4, 1795. The tract on Tennessee River, Talootiske sold to
Robert King, whose assigns also claimed the title under the aforesaid
grant from North Carolina to Lackey and Donaldson.[158]

From the phraseology of the treaty in making these several
reservations, it was concluded advisable in subsequent negotiations to
secure a relinquishment of the tribal title thereto, which was done by
the treaty of July 18, 1817.

[Footnote 151: United States Statutes at Large, Vol. VII, p. 95.]

[Footnote 152: November 2, 1805. See letter of transmittal of Return J.
Meigs and Daniel Smith.]

[Footnote 153: United States Statutes at Large, Vol. VII, pp. 93 and
95.]

[Footnote 154: January 10, 1806.]

[Footnote 155: See field notes of Colonel Martin on file in office of
Indian Affairs.]

[Footnote 156: Letter of R. J. Meigs to Secretary of War, March 4,
1811.]

[Footnote 157: Letter of Meigs and Smith to Secretary of War, January
10, 1806.]

TREATY CONCLUDED JANUARY 7, 1806; PROCLAIMED MAY 23, 1807.[159]

_Held at Washington City, D. C., between Henry Dearborn,
Secretary of War, specially authorized thereto by the President of
the United States, and certain chiefs and headmen of the Cherokee
Nation, duly authorized and empowered by said nation._

MATERIAL PROVISIONS.

1. The Cherokees relinquish to the United States all claim to "all that
tract of country which lies to the northward of the river Tennessee
and westward of a line to be run from the upper part of Chickasaw
Old Fields, at the upper point of an island called Chickasaw Island
on said river, to the most easterly head-waters of that branch of
said Tennessee River called Duck River, excepting the two following
described tracts, viz: one tract bounded southerly on the said
Tennessee River, at a place called the Muscle Shoals; westerly, by a
creek called Te Kee, ta, no-eh, or Cyprus Creek, and easterly, by Chu,
wa, lee, or Elk River or Creek, and northerly by a line to be drawn
from a point on said Elk River, ten miles on a direct line from its
mouth * * * to a point on the said Cyprus Creek, ten miles on a direct
line from its junction with the Tennessee River. The other tract is
to be two miles in width on the north side of Tennessee River, and to
extend northerly from that river three miles, and bounded as follows,
viz: Beginning at the mouth of Spring Creek and running up said creek
three miles on a straight line; thence westerly two miles at right
angles with the general course of said creek; thence southerly on a
line parallel with the general course of said creek to the Tennessee
River; thence up said river by its waters to the beginning, which first
reserved tract is to be considered the common property of the Cherokees
who now live on the same, including John D. Chesholm, Au, tow, we, and
Cheh Chuh, and the other reserved tract, on which Moses Melton now
lives, is to be considered the property of said Melton and of Charles
Hicks, in equal shares. * * * Also relinquish * * * all right or claim
* * * to the Long Island in Holston River."

2. The United States agree to pay, in consideration of the foregoing
cession, $2,000 in money upon the ratification of the treaty; $8,000 in
four equal annual installments; to erect a grist-mill within one year
in the Cherokee country; to furnish a machine for cleaning cotton; and
to pay the Cherokee chief, Black Fox, $100 annually during his life.

3. The United States agree to urge upon the Chickasaws to consent to
the following boundary between that nation and the Cherokees south of
Tennessee River, viz: Beginning at the mouth of Caney Creek near the
lower part of Muscle Shoals, and run up said creek to its head, and in
a direct line from thence to the Flat Stone, or Rock, the old corner
boundary.

4. The United States agree that the claims of the Chickasaws to the
two tracts reserved by article 1 of this treaty, on north side of the
Tennessee River, shall be settled by the United States in such manner
as will secure the title to the Cherokees.

[Footnote 158: See report of Commissioner Indian Affairs to Secretary
of War, December 9, 1834.]

[Footnote 159: United States Statutes at Large, Vol. VII, p. 101.]

TREATY CONCLUDED SEPTEMBER 11, 1807; PROCLAIMED APRIL 22, 1808.[160]

_Held at upper end of Chickasaw Island, in Tennessee River,
between James Robertson and Return J. Meigs, acting under authority
of the Executive of the United States, and a delegation of Cherokee
chiefs representing said nation._

MATERIAL PROVISIONS.

This treaty is simply an elucidation of the first article of the
treaty of January 7, 1806, and declares that the eastern limits of the
tract ceded by the latter treaty "shall be bounded by a line so to be
run from the upper end of the Chickasaw Old Fields, a little above
the upper point of an island, called Chickasaw Island, as will most
directly intersect the first waters of Elk River; thence carried to
the great Cumberland Mountain, in which the waters of Elk River have
their source; then along the margin of said mountain, until it shall
intersect the lands heretofore ceded to the United States at the said
Tennessee ridge."

In consideration of this concession, the United States agree to pay to
the Cherokees $2,000 and to permit the latter to hunt upon the tract
ceded until the increase of settlements renders it improper.

HISTORICAL DATA.

CONTROVERSY CONCERNING BOUNDARIES.

Shortly after the conclusion of the treaties of October 25 and 27,
1805, a delegation of Cherokee chiefs and headmen visited Washington.
Messrs. Return J. Meigs and Daniel Smith, the commissioners who had
negotiated those treaties, accompanied them.

The Secretary of War, Hon. Henry Dearborn, was specially deputized by
the President to conduct negotiations with them for the purchase of
such portions of their country as they might feel willing to sell, but
more especially to extinguish their claim to the region of territory
lying to the north and east of Tennessee River and west of the head
waters of Duck River.

The negotiations were concluded and the treaty was signed on the 7th
of January, 1806,[161] and the President transmitted the same to the
Senate on the 24th of the same month; but that body did not consent to
its ratification for more than a year afterwards.[162]

At the time of the conclusion of this treaty, it was supposed by all
the parties thereto that the eastern limit of the cession therein
defined would include all of the waters of Elk River, the impression
being that the headwaters of Duck River had their source farther to the
east than those of the Elk.[163]

The region of country in question had for many years been claimed by
both the Cherokees and the Chickasaws, and the Government of the United
States, not desiring to incur the animosity of either of these Indian
nations, had preferred rather to extinguish by purchase the claim of
each. With this end in view, a treaty had already been concluded with
the Chickasaws, under date of July 23, 1805,[164] resulting in their
relinquishment of all claim to the land north of Duck River lying
east of the Tennessee and to a tract lying between Duck and Tennessee
Rivers, on the north and south, and east of the Columbian Highway, so
as to include all the waters of Elk River. It had been the intention
that the eastern boundary of the cession made by both these nations
should be coincident from the head of Chickasaw Island northward,
but when the country came to be examined with a view to running the
line, it was found that a strict adherence to the test of the Cherokee
cession would leave about two hundred families of settlers on the
headwaters of Elk River still within the Indian country.[165] In the
mean time the Chickasaws, having learned that the United States had
purchased of the Cherokees their supposed claim to the territory as
far west as the Tennessee River, including a large region of country
to the westward of the limits of the cession of 1805 by the former,
construed that fact as a recognition of the sole and absolute title of
the Cherokees thereto, and became in consequence very much excited and
angered. They were only pacified by an official letter of assurance
from the Secretary of War, addressed to Maj. George Colbert, their
principal chief,[166] wherein he stated that in purchasing the Cherokee
right to the tract in question the United States did not intend to
destroy or impair the right of the Chickasaw Nation to the same; but
that, being persuaded no actual boundary had ever been agreed on
between the Chickasaws and Cherokees and that the Cherokees had some
claim to a portion of the lands, it was thought advisable to purchase
that claim, so that whenever the Chickasaws should be disposed to
convey their title there should be no dispute with the Cherokees about
it.

The Cherokees by this treaty also relinquished all claim they might
have to the Long Island or Great Island, as it was sometimes called,
of Holston River. This island was in reality outside the limits of the
country assigned the Cherokees by the first treaty between them and
the United States, at Hopewell, in 1785, but they had always since
maintained that no cession had ever been made of it by them, and
it was deemed wise to insert a specific clause in the treaty under
consideration to that effect.[167]

_Boundaries to be surveyed._--Early in 1807[168] the Secretary of War
notified Agent Meigs that Mr. Thomas Freeman had been appointed to
survey and mark the boundary line conformably to both the treaty of
1805 with the Chickasaws and of 1806 with the Cherokees, as well as
to survey the land ceded between the south line of Tennessee and the
Tennessee River, lying west of the line from about the Chickasaw Old
Fields to the most eastern source of Duck River. He was also advised
that General Robertson and himself had been designated to attend and
superintend the running of such boundary lines. Furthermore, that it
was desirable that the eastern line of both cessions should be one
and the same, for although by the Chickasaw treaty the whole waters
of Elk River were included, it was evident their claim to any lands
east of the line agreed upon by the Cherokees was more than doubtful;
that, therefore, the United States ought not to insist on such a
line as would go to the eastward of the one defined in the Cherokee
treaty, unless the latter could be prevailed upon to extend the same,
in which event they were authorized to offer the Cherokees a moderate
compensation therefor.

EXPLANATORY TREATY NEGOTIATED.

This led, upon the assembly of the commissioners and surveyor at
Chickasaw Old Fields, in the fall of 1807 (for the purpose of surveying
and marking the boundary lines in question), to the negotiation of an
explanatory treaty with certain of the Cherokee chiefs, on the 11th of
September, 1807,[169] whereby it was agreed that the Cherokee cession
line should be extended so far to the eastward as to include all the
waters of Elk River and thereby be made coincident and uniform with the
Chickasaw line.

_Secret article._--The ostensible consideration paid for this
concession, as shown by the treaty, was $2,000; but it was secretly
agreed that $1,000 and two rifles should be given to the chiefs with
whom the treaty was negotiated.[170]

President Jefferson transmitted this latter treaty to the Senate on
the 29th of March, 1808, and having received the consent of that body
to its ratification, it was proclaimed by the President on the 22d of
April following.

[Footnote 160: United States Statutes at Large, Vol. VII, p. 103.]

[Footnote 161: United States Statutes at Large, Vol. VII, p. 101.]

[Footnote 162: May, 1807.]

[Footnote 163: Message of President Jefferson to U. S. Senate, March
29, 1808, and letter of R. J. Meigs, September 28, 1807. American State
Papers, Indian Affairs, Vol. I, p. 753.]

[Footnote 164: United States Statutes at Large, Vol. VII.]

[Footnote 165: President Jefferson to U.S. Senate, March 29, 1808.
American State Papers, Indian Affairs, Vol. I, p. 753.]

[Footnote 166: February 21, 1806. Indian Office records.]

[Footnote 167: On the return home of the Cherokee delegation that
visited Washington in 1801, "The Glass," a noted Cherokee chief,
represented to his people that the Secretary of War had said, "One
Joseph Martin has a claim on the Long Island of Holston River." This
the Secretary of War denied, in a letter dated November 20, 1801, to
Col. R.J. Meigs.]

[Footnote 168: April 1. Indian Office records.]

[Footnote 169: United States Statutes at Large, Vol. VII, p. 103.]

[Footnote 170: Letter of Return J. Meigs to Secretary of War, September
28, 1807, in which he says: "With respect to the chiefs who have
transacted the business with us, they will have their hands full to
satisfy the ignorant, the obstinate, and the cunning of some of their
own people, for which they well deserve this _silent_ consideration."]

TREATY CONCLUDED MARCH 22, 1816; RATIFIED APRIL 8, 1816.[171]

_Held at Washington City, D. C., between George Graham,
specially authorized as commissioner therefor by the President of
the United States, and certain chiefs and headmen duly authorized
and empowered by the Cherokee Nation._

[Footnote 171: United States Statutes at Large, Vol. VII, p. 138.]

MATERIAL PROVISIONS.

1. The Cherokees cede to the State of South Carolina the following
tract: Beginning on the east bank of Chattuga River, where the boundary
line of the Cherokee Nation crosses the same, running thence with the
said boundary line to a rock on the Blue Ridge, where the boundary line
crosses the same, and which rock has been lately established as a
corner to the States of North and South Carolina; running thence south
sixty-eight and a quarter degrees west, twenty miles and thirty-two
chains, to a rock on the Chattuga River at the thirty-fifth degree of
north latitude, another corner of the boundaries agreed upon by the
States of North and South Carolina; thence down and with the Chattuga
to the beginning.

2. The United States promise that the State of South Carolina shall
pay to the Cherokee Nation, in consideration of the above cession,
$5,000, within ninety days after the ratification of the treaty by the
President and Senate, provided the Cherokee Nation and the State of
South Carolina shall also ratify the same.

TREATY CONCLUDED MARCH 22, 1816;[172] RATIFIED APRIL 8, 1816.[173]

MATERIAL PROVISIONS.

1. The north boundary of the lands ceded by the Creek treaty of 1814,
as between such cession and the Cherokees, is declared to extend from
a point on the west bank of Coosa River opposite the lower end of the
Ten Islands and above Fort Strother, in a direct line, to the Flat Rock
or Stone on Bear Creek, a branch of the Tennessee, which line shall
constitute the south boundary of the Cherokee country lying west of
Coosa River and south of Tennessee River.

2. The Cherokees concede to the United States the right to lay off,
open, and have the free use of all roads through their country north
of said line necessary to convenient intercourse between the States of
Tennessee, Georgia, and Mississippi Territory; also the free navigation
of all rivers within the Cherokee territory. The Cherokees agree to
establish and maintain on the aforementioned roads the necessary
ferries and public houses.

3. In order to prevent future disputes concerning the boundary above
recited, the Cherokees agree to appoint two commissioners to accompany
the United States commissioners appointed to run said line.

4. When the United States appoint a commissioner to lay off a road as
provided for above, the Cherokees shall also appoint one to accompany
him, who will be paid by the United States.

5. The United States agree to reimburse individual Cherokees for losses
sustained by them in consequence of the marching of militia and United
States troops through their territory, amounting to $25,000.

HISTORICAL DATA.

Subsequent to the ratification of the treaty of September 11, 1807,
with the Cherokees, no other treaty receiving the final sanction of
the Senate and President was concluded with them until March 22,
1816;[174] but in the interval sundry negotiations and matters of
official importance were conducted with them, which it will be proper
to summarize.

COLONEL EARLE'S NEGOTIATIONS FOR THE PURCHASE OF IRON-ORE TRACT.

In the early part of the year 1807, Col. Elias Earle, of South
Carolina, proposed to the Secretary of War the establishment of iron
works, with suitable shops, in the Cherokee Nation, on substantially
the following conditions, viz: That a suitable place should be looked
out and selected where sufficient quantities of good iron ore could
be found, in the vicinity of proper water privileges, for such an
establishment; that the Indians should be induced to make a cession of
a tract of land, not less than 6 miles square, which should embrace the
ore bed and water privilege; that so much of the land so ceded as the
President of the United States should deem proper should be conveyed to
him (Earle), including the ore and water facilities, whereon he should
be authorized to erect iron works, smith shops, and so forth. Earle,
on his part, engaged to erect such iron works and shops as to enable
him to furnish such quantities of iron and implements of husbandry
as should be sufficient for the use of the various Indian tribes in
that part of the country, including those on the west side of the Ohio
and Mississippi Rivers; also to deliver annually to the order of the
Government of the United States such quantities of iron and implements
as should be needed for the Indian service, and on such reasonable
terms as should be mutually agreed upon.

The Secretary of War referred the propositions of Colonel Earle to
the President of the United States, who gave them his sanction, and
accordingly Agent Meigs, of the Cherokees, was instructed[175] to
endeavor to procure from the Cherokees such a cession as was proposed,
so soon as Colonel Earle should have explored the country and selected
a suitable place for the proposed establishment. Colonel Earle made the
necessary explorations, and found a place at the mouth of Chickamauga
Creek which seemed to meet the requirements of the case.

Thereupon Agent Meigs convened the Indians in council at Highwassee,
Tennessee, at which Colonel Earle was present, and concluded a
treaty[176] with them. By its terms, in consideration of the sum of
$5,000 and 1,000 bushels of corn, the Cherokees ceded a tract of
country 6 miles square at the mouth of Chickamauga Creek, on the
south side of Tennessee River, to be laid off in square form so as to
include the creek to the best advantage for such site. The treaty also
contained a proviso that in case the ore supply should fail at this
point, the United States should have full liberty to procure it within
the Cherokee territory at the most suitable and convenient place.
Twenty-five hundred dollars of the consideration was at once paid in
cash to the Indians and 1,000 bushels of corn agreed to be delivered
to them the following spring. Colonel Earle carried the treaty to
Washington at the next session of Congress for ratification.[177]

President Jefferson transmitted it to the Senate with a favorable
message,[178] but before any action was taken by that body it was
ascertained that the tract selected and ceded was within the limits of
the State of Tennessee.

The matter of ratification was therefore postponed, with the hope
that the State of Tennessee would consent to relinquish her claim to
the land. In this the President was disappointed. No further action
was taken for several years, until, it having become evident that no
concession would be made in the matter by the legislature of Tennessee,
the United States Senate[179] unanimously rejected the treaty. In
consequence of this action, Colonel Earle made claim[180] against the
Government either for the value of his time and expenses incurred in
exploring the Cherokee country, selecting the site, and procuring the
conclusion of the treaty, or, as an alternative, that the consent of
the Cherokees should be secured to the cession of another tract of
similar area and character.

The latter proposition was accepted, and Agent Meigs was advised[181]
that Mr. Earle had been granted permission to select some other site
suitable for his iron works, and instructed that in case he did so,
negotiations should again be opened with the Cherokees for an exchange
of the tract covered by the cession of 1807 for the one newly selected.

Success, however, does not seem to have attended this second attempt,
and Agent Meigs was advised[182] by the Secretary of War that $985 had
been paid Colonel Earle for damages sustained by him in the Cherokee
country while detained there by the Indians, which amount must be
deducted from the Cherokee annuity.

A third attempt of a similar character was made in 1815, when[183]
Colonel Earle was appointed to negotiate, in conjunction with the
Indian agent, a treaty with the Cherokees or Chickasaws for the
purchase of a 6-mile square tract for the erection of his proposed
iron works. Like the previous efforts, it was without results.[184]

TENNESSEE FAILS TO CONCLUDE A TREATY WITH THE CHEROKEES.

Congress on the 18th of April, 1806,[185] had passed an act entitled
"An act to authorize the State of Tennessee to issue grants and perfect
titles to certain lands therein described, and to settle claims to the
vacant and unappropriated lands within the same."

This act, for the purpose of defining the limits of the vacant and
unappropriated lands in the State of Tennessee, thereafter to be
subject to the sole control and disposition of the United States,
established the following described line, viz: Beginning at the place
where the eastern or main branch of Elk River intersects the southern
boundary of Tennessee; running thence due north until such line shall
intersect the northern or main branch of Duck River; thence down the
waters of Duck River to the military boundary line established by North
Carolina in 1783; thence with the military line west to the place where
it intersects Tennessee River; thence down the waters of Tennessee
River to where it intersects the northern line of Tennessee. The act
further provided that upon the execution by the State of Tennessee
(through her Senators and Representatives in Congress, duly authorized
thereto) of a deed of relinquishment to the United States of all the
claim of that State to lands lying south and west of the described
line, the United States should thereupon cede and convey to the State
of Tennessee all claim to the land north and east of the line, with
certain conditions and limitations therein prescribed, and with the
proviso that nothing contained in the act should be construed to affect
the Indian title.

Predicated upon this act of Congress, the legislature of Tennessee
passed an act, on the 3d of December, 1807,[186] appropriating $20,000
for the purpose of holding a treaty or treaties with the Cherokees
(when authorized so to do by the Federal Government) for the purpose of
extinguishing their claim to all or any part of the lands within the
territorial limits of Tennessee lying to the north and east of the line
described in the act of Congress just mentioned.

Congress having assented to the request of Tennessee, the Secretary
of War appointed[187] Return J. Meigs a commissioner to superintend
the negotiations with the Cherokees about to be held with them by the
two commissioners appointed on the part of that State. Mr. Meigs was
advised that all the expenses incident to the holding of the treaty,
as well as any consideration that should be agreed upon in case of a
cession by the Indians, should be borne by the State of Tennessee, and
that the only lands the commission were authorized to treat for was
that portion of the territory described in the act of April 18, 1806,
as being ceded to Tennessee which should be found to lie east of the
line established by Robertson and Meigs, running from the upper part of
Chickasaw Old Fields northwardly so as to include all the waters of Elk
River. The jealousy with which the Cherokees regarded a proposition for
the sale of more land, and their especial aversion toward the people
and government of Tennessee, prevented success from attending these
negotiations in any degree.

REMOVAL OF CHEROKEES TO THE WEST OF THE MISSISSIPPI PROPOSED.

It had been the policy of the Federal Government, from the beginning of
its official relations with the Indian tribes, to encourage and assist
the individuals of those tribes in grasping and accepting the pursuits
and habits of civilized life, with a view to their preparation for the
condition in which the rapidly encroaching white settlements would in a
few years inevitably place them.

With the disappearance of game the hunter must become a tiller of
the soil or a herdsman, with the alternative of starvation. This
humane policy, begun systematically in the first administration of
Washington,[188] took the form of a considerable annual expenditure
in the purchase for the Indians of hoes, plows, rakes, and other
agricultural implements, as well as looms, cards, and spinning wheels.
Among the northwestern tribes these efforts at industrial civilization
were productive of trifling results. The southern tribes, however, and
more especially the Creeks and Cherokees, had, in considerable numbers,
manifested a partial though gradually increasing tendency toward
self-support. Many of them, in addition to raising the necessaries of
life, were producers in a limited degree of cotton, from which their
women had learned to make a coarse article of cloth; others owned
considerable herds of cattle and hogs, and altogether these tribes had
made a degree of progress which was alike commendable to themselves and
encouraging to the Government.

However, the persistent and unremitting demands of the border settlers
for more land, backed by the thorough sympathy and influence of the
State governments of Tennessee, North Carolina, and Georgia, as well as
by their Senators and Representatives in Congress, acted as a powerful
lever for moving the Congress and Executive of the United States to
seek the complete possession of the Creek, Cherokee, Choctaw, and
Chickasaw lands.

As early as 1803[189] President Jefferson had suggested the
desirability of the removal of these tribes beyond the Mississippi
River, although the first official action taken in this direction was
contained in the fifth section of an act of Congress approved March 26,
1804, erecting Louisiana into two Territories. This act appropriated
$15,000 to enable the President to effect the desired object. This was
supplemented in 1808,[190] when the Secretary of War, in a letter to
Agent Meigs giving permission for a delegation of Cherokees to visit
Washington, instructed him to improve every opportunity of securing the
consent of the Cherokees to an exchange of their lands for a tract west
of the Mississippi.

The delegation here spoken of (composed of what were known as Upper
Cherokees) visited Washington about the 1st of May, 1808, and, in the
course of a discussion of the subject with the Secretary of War, took
occasion to complain of an unequal distribution of annuities between
the Upper and Lower Cherokees, and advanced a proposition that a
dividing line be run between the territory of these two branches of
the tribe, inasmuch as the former were cultivators of the soil, and
desired to divide their lands in severalty and become citizens of the
United States, while the latter were addicted to the hunter life and
were indisposed to adopt civilized habits.[191] This proposition met
with the personal approval of the Secretary of War. He instructed
the agent[192] to ascertain the sentiments of the nation upon such
a proposition, to the end that, if possible, those who adhered to
aboriginal habits could be induced to accept a country in the newly
acquired Territory of Louisiana, in lieu of their proportionate share
of the country then occupied by the Cherokee Nation. In pursuance
of this plan, the agent lost no opportunity of impressing upon the
Cherokees the importance of the approaching crisis in their tribal
affairs, and the necessity that some practical method should be adopted
to solve the problem of subsistence involved in the rapid diminution of
game. Many of the Lower or "hunter" Cherokees became persuaded of the
necessity of looking out a new home, and early in January, 1809,[193]
President Jefferson addressed a "talk" to them, approving their project
and promising facilities for the transportation of a delegation to
visit the Arkansas and White River countries, where, in case they found
a suitable location, the United States would assign them a sufficient
area of territory for their occupation in exchange for their share of
the Cherokee domain east of the Mississippi.

Based upon this proposition, a pioneer delegation of the Indians
visited that country in the year 1809, and upon their report large
numbers (about 2,000, as reported by Agent Meigs) of the nation
signified their intention of removal as early as the autumn of that
year. The United States authorities were not as yet prepared to defray
the pecuniary expense of so large a migration. The agent was therefore
directed to discourage for the present anything except the removal of
individual families.[194] The situation remained unchanged until the
spring of 1811,[195] when the Secretary of War informed Agent Meigs
that time and circumstances had rendered it expedient to revive the
subject of a general removal and exchange of lands. The latter was
advised that it was very desirable to secure a cession of the Cherokee
lands lying within the States of Tennessee and South Carolina, and that
in case the whole nation could be brought to agree to the proposition
of ceding these tracts, as the proportionate share of the "emigrant
party," in exchange for lands to be assigned such party on White and
Arkansas Rivers, he would be authorized and directed to negotiate a
treaty with the Cherokee Nation for that purpose. From this time the
subject remained _in statu quo_ for several years, except that small
parties of Cherokees, consisting of a few individuals or families,
continued to emigrate to the "promised land." It is perhaps interesting
to state, in connection with this emigration movement of the Cherokees,
that it was primarily inaugurated shortly after the treaty of 1785,
at Hopewell, when a few of those dissatisfied with the terms of that
instrument embarked in pirogues, and, descending the Tennessee, Ohio,
and Mississippi Rivers, reached and ascended the Saint Francis, then
in the Spanish province of Louisiana, where they formed a settlement,
from whence in a few years they removed to a more satisfactory location
on White River. Here they were joined from time to time by their
dissatisfied eastern brethren, in families and small parties, until
they numbered, prior to the treaty of 1817, between two and three
thousand souls.

EFFORTS OF SOUTH CAROLINA TO EXTINGUISH CHEROKEE TITLE.

On the 31st of December, 1810, the governor of South Carolina
transmitted to the President a resolution of the legislature of that
State urging an extinguishment of the Cherokee Indian title to lands
within her State limits.[196] The Secretary of War, in his letter of
acknowledgment,[197] assured the governor that measures would soon
be taken to bring about the desired cession if possible. Nothing of
importance seems, however, to have been done until the winter of 1814,
when Agent Meigs was appointed[198] a commissioner for the purpose of
negotiating a treaty with this end in view. He was instructed that
the State of South Carolina would have an agent present, authorized
to defray the expenses of the treaty and to adjust the compensation
that should be agreed upon in consideration of the proposed cession,
agreeably to the provisions of the twelfth section of an act of
Congress approved March 30, 1802, for regulating trade and intercourse
with the Indian tribes.

These negotiations not having proved successful, the Secretary of War
authorized Agent Meigs[199] to bring a delegation of the Cherokees to
Washington for this and other purposes of negotiation.

This delegation arrived early in the spring of 1816, and the Hon.
George Graham, being specially authorized by the President, concluded a
treaty on the 22d of March of that year.[200] Therein, in consideration
of the sum of $5,000, to be paid by the State of South Carolina within
ninety days from the date of its ratification by the President and
Senate, subject also to ratification by the Cherokee national council
and by the governor of South Carolina, the Cherokees ceded to that
State all claim to territory within her boundaries.

This treaty was transmitted[201] to the Senate by President Madison,
and ratified and proclaimed, as set forth in the abstract of its
provisions hereinbefore given, on the 8th of April, 1816.

BOUNDARY BETWEEN CHEROKEES, CREEKS, CHOCTAWS, AND CHICKASAWS.

The lines of demarkation between the respective possessions of the
Cherokee, Creek, Choctaw, and Chickasaw Nations had long been a subject
of dispute between them. People living in a state of barbarism and
principally dependent upon the chase for a livelihood, necessarily roam
over a vast amount of territory within which no permanent habitations
have been established by themselves. An accurate definition of the
boundaries between them and their nearest neighbors pursuing a
similar mode of life is unnecessary so long as no disturbing factor
is brought into the case. But contact with an ever-encroaching tide
of civilization renders essential an accurate definition of limits.
The United States, in several of its numerous treaties for the
acquisition of territory from these four tribes, had been met with
conflicting claims as to its ownership. In order that future disputes
and embarrassments of this character should be avoided, the authorities
of the United States entertained the idea of causing a boundary line
to be run and marked between the adjoining territory of these tribes.
The Indian agents were advised by the Secretary of War[202] that
the subject was under consideration, the plan being to constitute a
commission, consisting of two representatives selected by each tribe
and of the United States agents for those tribes, who should, after
full examination of the country and the subject, agree upon and fix
their respective boundaries. Owing, however, to the complicated state
of our foreign relations and the feverish condition of mind manifested
by the border tribes, soon followed by war with England and with the
Creek Indians, it became necessary to drop further negotiations on the
subject, and the matter was not again revived in this form.

After the treaty of 1814 with the Creeks, however, whereby General
Jackson exacted from them, as indemnity for the expenses of the war,
the cession of an immense tract of country in Alabama and Georgia,[203]
the question of the proper limits of this cession on the north and
west became a subject of controversy between the United States and the
Cherokees, Choctaws, and Chickasaws.

The United States authorities at Washington were anxious that nothing
should occur in the adjustment of these boundaries which should cause
a feeling of irritation among those tribes. Commissioners had been
appointed in the summer of 1815 to survey and mark the boundaries of
this Creek cession, and in August of that year we find the Secretary
of War giving instructions to Agent Meigs, of the Cherokees, to meet
the boundary commissioners, with a few of the principal Cherokee
chiefs, at the point on Coosa River where the south boundary of the
Cherokee Nation crossed the same, in order that the Cherokees should
be satisfied that the commissioners began at the proper point. Several
additional reminders were given the agent, during the progress of
the survey, that the matter of boundary was a question of fact to be
ascertained and determined from the best attainable evidence, and that
care must be taken that no injustice should be done the Cherokees.[204]
In the following spring[205] a delegation of Cherokees was brought
to Washington, by direction of the War Department, and, pending the
completion of treaty negotiations with them, the boundary commissioners
were instructed not to mark the line between the Cherokees and the
Creek cession until further orders.

These negotiations resulted in a second treaty of March 22, 1816[206]
(the one for the cession of the tract in South Carolina bears the same
date), wherein it was declared that the northern boundary line of the
Creek cession of 1814 should be established by the running of a line
from a point on the west bank of Coosa River opposite to the lower end
of the Ten Islands, above Fort Strother, directly to the Flat Rock or
Stone on Bear Creek, said Flat Rock being the southwest corner of the
Cherokee possessions, as defined by the treaty with them concluded
January 7, 1806.

This boundary brought forth a vigorous though unavailing protest from
General Jackson, who argued that the Cherokees never had any right to
territory south of the Tennessee and west of Coosa River, but that it
belonged to the Creeks and was properly within the limits of their
cession of 1814.[207]

All efforts were fruitless in securing any further cession of lands,
either north or south of the Tennessee.[208]

Previous to the visit of the Cherokee delegation to Washington and
to the instructions given, as referred to above, to the boundary
commissioners to suspend the running of the boundary line between the
Creek cession and the Cherokees pending negotiations with the latter,
General Coffee had been engaged in surveying the line from Coosa
River to the Tennessee River.[209] As a result of the negotiations
with the Cherokees, additional instructions were given the boundary
commissioners[210] (accompanying which was a copy of the Cherokee
treaty concluded on the 22d of March preceding) to run and mark the
boundary line therein agreed upon from the lower end of the Ten
Islands, on Coosa River, to the Flat Rock, on Bear Creek. They were
advised that the surveys already made by General Coffee might be of
advantage to them, though from an examination of his report it did
not appear he had taken any notice of the point at which this line
was to terminate, notwithstanding he seemed to have had in view the
treaty made with the Cherokees in the year 1806, which proposed Caney
Creek and a line from its source to the Flat Rock as the boundary
between the Cherokees and Chickasaws. Coffee's line had already
excited the jealousy and opposition of the Chickasaws, and on the
same day final instructions were given the commissioners to run the
line from Coosa River to Flat Rock, Major Cocke, the Chickasaw agent,
was directed to advise the Chickasaws that in agreeing upon this line
with the Cherokees the United States had in no degree interfered
with the conflicting claims of the Chickasaws south of that line
and east of Coffee's line; that from an examination of the treaties
with the Chickasaws and Cherokees, and especially that of 1786 with
the former tribe, it appeared that a point called the Flat Rock was
considered a corner of the lands belonging to them, and had since
been considered as the corner to the Cherokee, Creek, and Chickasaw
hunting grounds. It is proper to state in this connection that for many
years an uncertainty had existed in the minds of both the Indians and
the United States authorities as to the exact location of this Flat
Rock,[211] and whether it was on Bear Creek or on the headwaters of
the Long Leaf Pine, a branch of the Black Warrior River. The line as
finally run by the commissioners from Flat Rock, on Bear Creek, to Ten
Islands, pursued a course bearing S. 67° 56' 27" E. 118 miles and 40
perches.[212] It may be interesting also to quote from a letter[213]
from William Barnett, one of the United States boundary commissioners,
to his co-commissioner, General Coffee, in which, he states that he has
just returned from the council at Turkeytown, at which the Cherokees,
Choctaws, Chickasaws, and Creeks were represented, and that the
principal purpose of the council was to agree upon and adjust their
several boundaries. He notes the fact that the Creeks and Cherokees had
agreed to make a joint stock of their lands, with a privilege to each
nation to settle where they pleased. The Creeks and Choctaws had fixed
on the ridge dividing the waters of the Black Warrior and the Cahawba
as their former boundary. The Chickasaws and Cherokees could come to
no understanding as to their divisional line, the former alleging that
they had no knowledge of any lands held by the latter on the south side
of the Tennessee River adjoining them; that they always considered the
lands so claimed by the Cherokees as belonging to the Creeks, and in
support of this they had exhibited to him a number of affidavits in
proof that their line ran from the mouth of a small creek emptying into
the Tennessee near Ditto's Landing (opposite Chickasaw Island), up the
same to its source, thence to the head of the Sipsey Fork of the Black
Warrior, and down the same to the Flat Rock, where the Black Warrior is
200 yards wide; that they had no knowledge of any place on Bear Creek
known as Flat Rock, and that running the line to the last mentioned
place would be taking from them a considerable tract of country, to
which they could by no means consent.[214]

ROADS THROUGH THE CHEROKEE COUNTRY.

In order to secure a proper system of communication between the
Tennessee and the Lower Alabama and Mississippi settlements, the United
States had long desired the establishment of sufficient roads through
the Indian country between those points. The Indians, however, were
shrewd enough to perceive that the granting of such a permission would
be but an entering wedge for splitting their country in twain, and
afford excuse for the encroachments of white settlers.

The establishment of new thoroughfares had therefore been regarded with
extreme jealousy and had never been yielded to by them except after a
persistency of urging that bordered on force.

In the spring of 1811[215] Agent Meigs was advised by the Secretary
of War of the expediency of having a road opened without delay from
the Tennessee to the Tombigbee, and also one from Tellico. Both these
propositions would require the consent of the Creeks, and for the
purpose of securing the most advantageous routes it was contemplated
that Captain Gaines should make a journey of exploration and survey
of the country between the Alabama and Coosa Rivers on the south and
Tennessee and Hiwassee Rivers on the north. The fruition of these plans
was also postponed on account of the ensuing war with the Creeks, and
the subject was not again broached until after their subjugation.
In the spring of 1814 the legislature of Tennessee transmitted two
memorials to Congress on the subject, and, by direction of the
Secretary of War, Agent Meigs was again instructed[216] to ascertain
the bent of the Indian mind in relation thereto. The result was the
conclusion, with the approval of the President, of two agreements
between the Cherokees and the agents of certain road companies for
the opening of two roads through the country of the latter from
Tennessee to Georgia. But when the treaty of March 22, 1816, came to
be negotiated at Washington, the United States authorities, after much
persuasion, procured the insertion therein of an article conceding to
the United States a practically free and unrestrained permission for
the construction of any and all roads through the Cherokee country
necessary to convenient intercourse between the northern and southern
settlements.

[Footnote 172: Two treaties appear of the same date and negotiated by
the same parties. It is to be noted that the first controls a cession
to the State of South Carolina and the second defines certain other
concessions to the United States.]

[Footnote 173: United States Statutes at Large, Vol. VII, p. 139.]

[Footnote 174: United States Statutes at Large, Vol. VII, pp. 138 and
139.]

[Footnote 175: February 28, 1807.]

[Footnote 176: December 2, 1807. See American State Papers, Indian
Affairs, Vol. I, p. 753.]

[Footnote 177: Letter of Return J. Meigs to Secretary of War, December
3, 1807.]

[Footnote 178: March 10, 1808. See American State Papers, Indian
Affairs, Vol. I, p. 752.]

[Footnote 179: January 10, 1812.]

[Footnote 180: In March, 1812.]

[Footnote 181: May 14, 1812.]

[Footnote 182: March 24, 1814.]

[Footnote 183: February 3, 1815.]

[Footnote 184: A full history of Colonel Earle's attempt to secure a
site for the erection of iron works will be found among the records and
files of the Office of Indian Affairs.]

[Footnote 185: United States Statutes at Large, Vol. II, p. 381. See
also amendment to this act by act of February 18, 1841, United States
Statutes at Large, Vol. V, p. 412.]

[Footnote 186: Scott's Laws of North Carolina and Tennessee.]

[Footnote 187: March 26, 1808.]

[Footnote 188: See report of General Knox, Secretary of War, to
President Washington, July 7, 1789; Creek treaty of 1790; Cherokee
treaty of 1791, etc.]

[Footnote 189: Confidential message of President Jefferson to Congress,
January 18, 1803.]

[Footnote 190: March 25.]

[Footnote 191: See letter of Secretary of War to Col. R. J. Meigs, May
5, 1808.]

[Footnote 192: May 5, 1808.]

[Footnote 193: January 9, 1809]

[Footnote 194: Letter of Secretary of War to Col. R. J. Meigs, November
1, 1809.]

[Footnote 195: March 27, 1811.]

[Footnote 196: Indian Office files.]

[Footnote 197: March 28, 1811.]

[Footnote 198: December 26.]

[Footnote 199: November 22, 1815.]

[Footnote 200: United States Statutes at Large, Vol. VII, p. 138.]

[Footnote 201: March 26, 1816.]

[Footnote 202: May 8, 1811.]

[Footnote 203: United States Statutes at Large, Vol. VII, p. 120.]

[Footnote 204: Letter of Secretary of War to Agent Meigs, November 22,
1815.]

[Footnote 205: March, 1816.]

[Footnote 206: United States Statutes at Large, Vol. VII, p. 139.]

[Footnote 207: Letter from General Jackson to Secretary of War, June
10, 1816.]

[Footnote 208: Letter from Secretary of War to United States Senators
from Tennessee, April 4, 1816.]

[Footnote 209: See letter of Secretary of War to Barnett, Hawkins, and
Gaines, April 16, 1816.]

[Footnote 210: April 16, 1816. These boundary commissioners were
William Barnett, Col. Benjamin Hawkins, and Maj. E. P. Gaines.]

[Footnote 211: Letter of General Jackson to Secretary of War, June 10,
1816; also from Commissioner Barnett, June 7, 1816.]

[Footnote 212: Old map on file in General Land Office.]

[Footnote 213: June 7, 1816.]

[Footnote 214: From a letter of Agent Meigs bearing date December 26,
1804, it seems that he was just in receipt of a communication from the
Chickasaw chiefs relative to their claim to lands on the north side of
Tennessee River. The chiefs assert that part of their people formerly
lived at a place called Chickasaw Old Fields, on the Tennessee,
about 20 miles above the mouth of Elk River; that while living there
they had a war with the Cherokees, when, finding themselves too much
separated from their principal settlements, they removed back thereto.
Afterwards, on making peace with the Cherokees, their boundaries were
agreed on as they are defined in the instrument given them by President
Washington in 1794.

They further state that they had a war with the Shawnees and drove
them from all the waters of the Tennessee and Duck Rivers, as well
as conflicts with the Cherokees, Choctaws, and Creeks, in which they
defeated all attempts of their enemies to dispossess them of their
country.

Agent Meigs remarks that he is convinced the claim of the Chickasaws
is the best founded; that until recently the Cherokees had always
alluded to the country in controversy as the hunting ground of the four
nations, and that their few settlements within this region were of
recent date.]

TREATY CONCLUDED SEPTEMBER 14, 1816; PROCLAIMED DECEMBER 30, 1816.[217]

_Held at Chickasaw Council House, between Maj. Gen. Andrew
Jackson, General David Merriwether, and Jesse Franklin,
commissioners plenipotentiary on the part of the United States, and
the delegates representing the Cherokee Nation._

MATERIAL PROVISIONS.

To perpetuate peace and friendship between the United States and the
Cherokees and to remove all future dissensions concerning boundaries it
is agreed:

1. Peace and friendship are established between the United States and
Cherokees.

2. The Cherokee Nation acknowledge the following as their western
boundary: South of the Tennessee River, commencing at Camp Coffee, on
the south side of the Tennessee River, which is opposite the Chickasaw
Island; running from thence a due south course to the top of the
dividing ridge between the waters of the Tennessee and Tombigby Rivers;
thence eastwardly along said ridge, leaving the headwaters of the Black
Warrior to the right hand until opposed by the west branch of Wells'
Creek; down the east bank of said creek to the Coosa River, and down
said river.

3. The Cherokees cede all claim to land south and west of the above
line. In consideration for such cession the United States agree to pay
an annuity of $6,000 for ten years and the sum of $5,000 within sixty
days after ratification of the treaty.

4. The boundary line above described, after due notice given to the
Cherokees, shall be ascertained and marked by commissioners appointed
by the President, accompanied by two representatives of the Cherokee
Nation.

5. The Cherokee Nation agree to meet the United States treaty
commissioners at Turkeytown, on Coosa River, September 28, 1816, to
confirm or reject said treaty; a failure to so meet the commissioners
to be equivalent to ratification.

Ratified at Turkeytown by the whole Cherokee Nation, October 4, 1816.

HISTORICAL DATA.

FURTHER PURCHASE OF CHEROKEE LANDS.

On the 27th of May, 1816, the Secretary of War instructed Agent Meigs
to endeavor, at the next session of the national council of the
Cherokees, to obtain a cession of the Cherokee claim north of Tennessee
River within the State of Tennessee. For this proposed cession he was
authorized to pay $20,000, in one or more payments, and $5,000 in
presents; also to give Colonel Lowry, an influential chief among them,
a sum equal to the value of his improvements.[218]

He was further instructed to make an effort to secure the cession of
the lands which they had declined to sell the previous winter and
which lay to the west of a line drawn due south from that point of the
Tennessee River intersected by the eastern boundary of Madison County,
Alabama.

The necessity for these cessions, and especially that of the former
tract, had been urged upon the Government of the United States by the
legislature and by the citizens of Tennessee, many of whom had been
purchasers of land within its limits, from the State of North Carolina,
a quarter of a century previous, and who had been restrained from
possession and occupancy of the same by the United States authorities
so long as the Indian title remained unextinguished. In the event that
the national council of the Cherokees should decline to accede to the
desired cessions, Agent Meigs was to urge that the Cherokee delegation
appointed to meet the boundary commissioners at the Chickasaw Council
House on the 1st of September following should be invested with full
authority for the conclusion of such adjustment of boundaries as might
be determined on at that place. This authority was conditionally
granted by the council,[219] and when the delegation came to meet the
United States commissioners at the Chickasaw Council House, in the
month of September, an agreement was made as to boundaries as set
forth in the second article of the treaty of September 14, 1816. By
this agreement the Cherokees ceded all claim west of a line from Camp
Coffee to the Coosa River and south of a line from the latter point to
Flat Rock, on Bear Creek.[220] The treaty was ratified by the nation in
general council, at Turkeytown, on the 4th of October following.[221]

_Alabama alleges error in survey._--When the due-south line from
Camp Coffee provided for in the treaty was surveyed, the surveyor,
through an error in running it, deflected somewhat to the west. When
the adjacent country came to be surveyed and opened up to settlement
much complaint was made, and the legislature of Alabama[222] passed a
joint resolution reciting the fact that through this erroneous survey
much valuable land had been left within the Cherokee limits which had
properly been ceded to the United States and instructing Alabama's
delegation in Congress to take measures for having the line correctly
run. The matter having been by Congress referred to the Secretary of
War for investigation and report, the Commissioner of the General Land
Office, at his request, reported[223] that when the public surveys were
made in that section it was found that neither the line due south from
Camp Coffee nor from the head of Caney Creek had been surveyed on a
true meridian. Inasmuch, however, as they had been run and marked by
commissioners appointed by the United States, the surveyors necessarily
made the public surveys in conformity to them. By this deviation from
the true meridian the United States and the State of Alabama had
gained more land from the manner in which the Caney Creek or Chickasaw
boundary line had been run than had been lost by the deviation in the
Cherokee or Camp Coffee line, and the quantity in either case did not
perhaps exceed six or eight thousand acres.

[Footnote 215: May 25.]

[Footnote 216: April 7.]

[Footnote 217: United States Statutes at Large, Vol. VII, p. 148.]

[Footnote 218: See Indian Office records.]

[Footnote 219: Letter of Return J. Meigs to the Secretary of War, dated
August 19, 1816. American State Papers, Indian Affairs, Vol. II, p.
113.]

[Footnote 220: Report of Commissioners Jackson, Merriwether, and
Franklin to Secretary of War, dated Chickasaw Council House, September
20, 1816. American State Papers, Indian Affairs, Vol. II, p. 104.]

[Footnote 221: Report of Commissioners Jackson and Merriwether to
Secretary of War, October 4, 1816.]

[Footnote 222: January 7, 1828.]

[Footnote 223: February 25, 1828.]

TREATY CONCLUDED JULY 8, 1817; PROCLAIMED DECEMBER 26, 1817.[224]

_Held at Cherokee Agency, in the Cherokee Nation, between
Maj. Gen. Andrew Jackson, Joseph McMinn, governor of Tennessee,
and General David Merriwether, commissioners plenipotentiary of
the United States, and the chiefs, headmen, and warriors of the
Cherokee Nation east of the Mississippi River, and those on the
Arkansas River, by their deputies, John D. Chisholm and James
Rogers, duly authorised by written power of attorney._

MATERIAL PROVISIONS.

1. The whole Cherokee Nation cede to the United States all the lands
lying north and east of the following boundaries, viz: Beginning at
the High Shoals of the Appalachy River, and running thence along the
boundary line between the Creek and Cherokee Nations westwardly to the
Chatahouchy River; thence up the Chatahouchy River to the mouth of
Souque Creek; thence continuing with the general course of the river
until it reaches the Indian boundary line; and should it strike the
Turrurar River, thence with its meanders down said river to its mouth,
in part of the proportion of land in the Cherokee Nation east of the
Mississippi to which those now on the Arkansas and those about to
remove there are justly entitled.

2. The whole Cherokee Nation do also cede to the United States all
the lands lying north and west of the following boundary lines, viz:
Beginning at the Indian boundary line that runs from the north bank
of the Tennessee River opposite to the mouth of Hywassee River, at a
point on the top of Walden's Ridge where it divides the waters of the
Tennessee River from those of the Sequatchie River; thence along said
ridge southwardly to the bank of the Tennessee River at a point near
to a place called the Negro Sugar Camp, opposite to the upper end of
the first island above Running Water Town; thence westwardly a straight
line to the mouth of Little Sequatchie River; thence up said river to
its main fork; thence up its northermost fork to its source; and thence
due west to the Indian boundary line.

3. A census to be taken of the whole Cherokee Nation during June, 1818.
The enumeration of those east of the Mississippi River to be made by
a commissioner appointed by the President of the United States and
a commissioner appointed by the Cherokees residing on the Arkansas.
That of those on the Arkansas by a United States commissioner and one
appointed by the Cherokees east of the Mississippi.

4. The annuities for 1818 and thereafter to be divided upon the basis
of said census between Cherokees east of the Mississippi and those on
the Arkansas. The lands east of the Mississippi also to be divided, and
the proportion of those moved and agreeing to remove to the Arkansas to
be surrendered to the United States.

5. The United States agree to give to the removing Cherokees a tract
of land on the Arkansas and White Rivers equal in area to the quantity
ceded the United States by first and second articles hereof. Said
tract to begin on north side of the Arkansas River, at mouth of Point
Remove, or Budwell's Old Place; thence northwardly by a straight line
to strike Chataunga Mountain, the first hill above Shield's Ferry, on
White River, and running up and between said rivers for quantity. Said
boundary from point of beginning to be surveyed, and all citizens of
the United States except Mrs. P. Lovely to be removed therefrom. All
previous treaties to remain in full force and to be binding on both
parts of the Cherokee Nation. The United States reserves the right to
establish factories, a military post, and roads within the boundaries
last above defined.

6. The United States agree to give all poor warriors who remove a
rifle, ammunition, blanket, and brass kettle or beaver trap each,
as full compensation for improvements left by them; to those whose
improvements add real value to the land, the full value thereof,
as ascertained by appraisal, shall be paid. The United States to
furnish flat-bottomed boats and provisions on the Tennessee River for
transportation of those removing.

7. All valuable improvements made by Cherokees within the limits
ceded to the United States by first and second articles hereof shall
be paid for by the United States or others of equal value left by
removing Cherokees given in lieu thereof. Improvements left by emigrant
Cherokees not so exchanged shall be rented to the Indians, for the
benefit of the poor and decrepit of the Eastern Cherokees.

8. Each head of a Cherokee family residing on lands herein or hereafter
ceded to the United States who elects to become a citizen of the United
States shall receive a reservation of 640 acres, to include his or
her improvements, for life, with reversion in fee simple to children,
subject to widow's dower. On removal of reservees their reservations
shall revert to the United States. Lands reserved under this provision
shall be deducted from the quantity ceded by first and second articles.

9. All parties to the treaty shall have free navigation of all waters
herein mentioned.

10. The Cherokee Nation cedes to the United States all claim to
reservations made to Doublehead and others by treaty of January 7, 1806.

11. Boundary lines of lands ceded to the United States by first and
second articles, and by the United States to the Cherokees in fifth
article hereof, to be run and marked by a United States commissioner,
to be accompanied by commissioners appointed by the Cherokees.

12. Citizens of the United States are forbidden to enter upon lands
herein ceded by the Cherokees until ratification and proclamation of
this treaty.

13. Treaty to be binding upon the assent and ratification of the Senate
and President of the United States.

HISTORICAL DATA.

POLICY OF REMOVING INDIAN TRIBES TO THE WEST OF THE MISSISSIPPI RIVER.

In the settlement and colonization by civilized people of a country
theretofore a wilderness, and inhabited only by savage tribes, many
important and controlling reasons exist why the occupation of such a
country should be accomplished by regular and gradual advances and
in a more or less connected and compact manner. It was expedient
that a united front should be presented by the earlier settlers of
this continent, in order that the hostile raids and demonstrations
of the Indian warriors might be successfully resisted and repulsed.
Therefore, the settlements were, as a rule, extended from the coast
line toward the interior by regular steps, without the intermission of
long distances of unoccupied territory. This seemed to be the policy
anterior to the Revolution, and was announced in the proclamation of
King George in 1763 wherein he prohibited settlements being made on
Indian lands or the purchase of the same by unauthorized persons.

The first ordinances of Congress under the Articles of Confederation
for disposing of the public lands were predicated upon the same theory.
But after the close of the war for independence, circumstances arising
out of the treaty of 1783 with Great Britain and the acquisition of
Louisiana from France imposed the necessity for a departure from
the old system. Within the limits of the territory thus acquired
sundry settlements had been made by the French people at points
widely separated from one another and with many hundreds of miles of
wilderness intervening between them and the English settlements on
the Atlantic slope. The evils and inconveniences resulting from this
irregular form of frontier were manifest.

Settlements thus widely separated, or projecting in long, narrow
columns far into the Indian country, manifestly increased in large
ratio the causes of savage jealousy and hostility. At the same time
the means of defense were rendered less certain and the expense and
difficulty of adequately protecting such a frontier were largely
enhanced.

Such, however, was the condition and shape of our frontier settlements
during the earlier years of the present century. Settlements on the
Tennessee and Cumberland were cut off from communication with those of
Georgia, Lower Alabama, and Mississippi by long stretches of territory
inhabited or roamed over by the Cherokees, Creeks, Choctaws, and
Chickasaws.

The French communities of Kaskaskia, Vincennes, and Detroit were
similarly separated from the people of Virginia, Pennsylvania, and
newly settled Ohio by the territory of the hostile Shawnees, Miamis,
Wyandots, Pottawatomies, Ottawas, Kickapoos, _et al._

A cure for all this inconvenience and expense had been sought and given
much consideration by the Government authorities.

President Jefferson (as has been previously stated) had, as early
as 1803,[225] suggested the propriety of an exchange of lands by
those tribes east of the Mississippi for an equal or greater area of
territory within the newly acquired Louisiana purchase, and in 1809 had
authorized a delegation of Cherokees to proceed to that country with a
view to selecting a suitable tract to which they might remove, and to
which many of them did remove in the course of the years immediately
succeeding.[226]

The matter of a general exchange of lands, however, became the
subject of Congressional consideration, and the Committee on Public
Lands of the United States Senate reported[227] a resolution for an
appropriation to enable the President to negotiate treaties with
the Indian tribes which should have for their object an exchange of
territory owned by any tribe residing east of the Mississippi for other
land west of that river.

The committee expressed the opinion that the proposition contained
in the foregoing resolution would be better calculated to remedy
the inconvenience and remove the evils arising out of the existing
condition of the frontier settlements than any other within the power
of the Government. It was admitted, however, that this object could
not be attained except by the voluntary consent of the several tribes
interested, made manifest through duly negotiated treaties with them.

The Senate was favorable to this proposition, but the House of
Representatives interposed a negative upon the action taken by the
former body.[228]

_Removal of Cherokees encouraged._--The subject had long been under
consideration by the Cherokees, and no opportunity had been lost on the
part of the executive authorities of the United States to encourage a
sentiment among them favorable to the removal scheme. Many individuals
of the tribe had already emigrated, and on the 18th of October, 1816,
General Andrew Jackson, in addressing the Secretary of War upon the
subject of the recent Cherokee and Chickasaw treaties, suggested
his belief that the Cherokees would shortly make a tender of their
whole territory to the United States in exchange for lands on the
Arkansas River. He further remarked that a council would soon be held
by them at Willstown to select a proper delegation who should visit
the country west of the Mississippi and examine and report upon its
character and adaptability for their needs. In case this report should
prove favorable, a Cherokee delegation would thereupon wait upon the
President, with authority to agree upon satisfactory terms of exchange.
To this the Secretary of War replied that whenever the Cherokee Nation
should be disposed to enter into an arrangement for an exchange of the
lands occupied by them for lands on the west side of the Mississippi
River and should appoint delegates clothed with full authority to
negotiate a treaty for such exchange they would be received by the
President and treated with on the most liberal terms.

This state of feeling among the Cherokees had been considerably
increased by the fact that those of their people who had already
settled upon the Arkansas and White Rivers had become involved in
territorial disputes of a most serious character with the Osages and
Quapaws. The latter tribes claimed ownership of the lands upon which
the former were settled. Upon the Arkansas Cherokees laying their
complaints before the United States authorities, they were informed
that nothing could be done for their relief until the main body of the
nation should take some definite action, in accordance with previous
understanding, toward relinquishing a portion of their territory equal
in area to the tract upon which the emigrant party had located.[229]

FURTHER CESSION OF TERRITORY BY THE CHEROKEES.

With a view to reaching a full understanding on this subject, the
Secretary of War notified[230] General Andrew Jackson, Governor
McMinn of Tennessee, and General David Merriwether that they had been
appointed commissioners for the purpose of holding a treaty with the
Cherokees on or about the 20th of June, 1817.[231] In pursuance of
these instructions a conference was called and held at the Cherokee
Agency, which resulted in the treaty of July 8, 1817.[232] By this
treaty the Cherokees ceded two large tracts of country[233] in exchange
for one of equal area on the Arkansas and White Rivers adjoining
the territory of the Osages. The Cherokees also ceded two small
reservations made by the treaty of January 7, 1806.[234]

The large cession by the first article of the treaty of 1817,
though partially in Georgia, was at the time supposed to cover all
the territory claimed by the Cherokees within the limits of North
Carolina,[235] and was secured in deference to the urgent importunities
of the legislature and people of that State. It was subsequently
ascertained that this supposition was incorrect.

_Majority of Cherokees averse to removal._--During the conference, but
before the negotiations had reached any definite result, a memorial was
presented to the United States commissioners, signed by sixty-seven
of the chiefs and headmen of the nation, setting forth that the
delegation of their nation who in 1809 visited Washington and discussed
with President Jefferson the proposition for an exchange of lands had
acted without any delegated authority on the subject. The memorialists
claimed to represent the prevailing feeling of the nation and were
desirous of remaining upon and retaining the country of their nativity.
They were distressed with the alternative proposals to remove to the
Arkansas country or remain and become citizens of the United States.
While they had not attained a sufficient degree of civilization to fit
them for the duties of citizenship, they yet deprecated a return to the
same savage state and surroundings which had characterized their mode
of life when first brought in contact with the whites. They therefore
requested that the subject should not be further pressed, but that they
might be enabled to remain in peaceable possession of the land of their
fathers.[236]

The commissioners, however, proceeded with their negotiations, and
concluded the treaty as previously set forth, which was finally signed
by twenty-two of the chiefs and headmen whose names appeared attached
to the memorial, as well as six others, on behalf of the eastern
portion of the nation, and by fifteen chiefs representing those on
the Arkansas.[237] The treaty was submitted to the Senate, for its
advice and consent, at the ensuing session of Congress, and although
it encountered the hostility of those Senators who were opposed to
the general policy of an exchange of lands with the Indians, and of
some who argued, because of the few chiefs who had signed it, that
it did not represent the full and free expression of their national
assent,[238] that body approved its provisions, and the President
ratified and proclaimed it on the 26th of December, 1817.

_A portion of the Cherokees emigrate west._--Immediately upon the
signing of the treaty, the United States authorities, presuming upon
its final ratification, took measures for carrying into effect the
scheme of emigration. Within a month Agent Meigs reported that over 700
Cherokees had already enrolled themselves for removal the ensuing fall.

The Secretary of War entered into a contract for 60 boats, to be
delivered by 1st of November at points between the mouths of the Little
Tennessee and Sequatchie Rivers, together with rifles, ammunition,
blankets, and provisions;[239] and, under the control and directions
of Governor McMinn, of Tennessee, the stream of emigration began to
flow, increasing in volume until within the next year over 3,000 had
emigrated to their new homes, which numbers had during the year 1819
increased to 6,000.[240]

_Persecution of those favorable to emigration._--There can be no
question that a very large portion, and probably a majority, of the
Cherokee Nation residing east of the Mississippi had been and still
continued bitterly opposed to the terms of the treaty of 1817. They
viewed with jealous and aching hearts all attempts to drive them from
the homes of their ancestors, for they could not but consider the
constant and urgent importunities of the Federal authorities in the
light of an imperative demand for the cession of more territory. They
felt that they were, as a nation, being slowly but surely compressed
within the contracting coils of the giant anaconda of civilization; yet
they held to the vain hope that a spirit of justice and mercy would be
born of their helpless condition which would finally prevail in their
favor. Their traditions furnished them no guide by which to judge of
the results certain to follow such a conflict as that in which they
were engaged.

This difference of sentiment in the nation upon a subject so vital
to their welfare was productive of much bitterness and violent
animosities. Those who had favored the emigration scheme and had been
induced, either through personal preference or by the subsidizing
influences of the Government agents, to favor the conclusion of the
treaty, became the object of scorn and hatred to the remainder of the
nation. They were made the subjects of a persecution so relentless,
while they remained in the eastern country, that it was never
forgotten, and when, in the natural course of events, the remainder of
the nation were forced to remove to the Arkansas country and join the
earlier emigrants, the old hatreds and dissensions broke out afresh,
and to this day they find lodgment in some degree in the breasts of
their descendants.

_Dissatisfaction with the treaty of 1817._--The dissatisfaction with
the treaty of 1817 took shape in the assemblage of a council at Amoha,
in the Cherokee Nation, in September of the same year, at which six of
the principal men were selected as a deputation to visit the President
at Washington and present to him in person a detailed statement of the
grievances and indignities to which they had been subjected in greater
or less degree for many years and to ask relief and redress.

They were to present, with special particularity, to the President's
notice a statement of the improper methods and influences that had been
used to secure the apparent consent of the nation to the treaty of
1817. They were authorized to enter into a new treaty with the United
States, in lieu of the recent one, in which an alteration might be
made in certain articles of it, and some additional article inserted
relative to the mode of payment of their annuity as between the Eastern
and Arkansas Cherokees.[241]

The delegation was received and interviews were accorded them by the
President and Secretary of War, but they secured nothing but general
expressions of good will and promises of protection in their rights and
property.

[Footnote 224: United States Statutes at Large, Vol. VII, p. 156.]

[Footnote 225: Confidential message of President Jefferson to Congress,
January 18, 1803.]

[Footnote 226: The letter of President Jefferson authorizing a
delegation of Cherokees to visit the Arkansas and White River country
was dated January 9, 1809, and will be found in the American State
Papers, Indian Affairs, Vol. II, p. 125, as well as among the records
of the Indian Office.]

[Footnote 227: January 9, 1817.]

[Footnote 228: Letter of Secretary of War to General Jackson, May 14,
1817.]

[Footnote 229: In a letter to Return J. Meigs, under date of September
18, 1816, the Secretary of War says that "the difficulties which
have arisen between the Cherokees and the Osages, on the north of
the Arkansas, and with the Quapaws, on the south, cannot be finally
settled until the line of the cession shall be run and the rights
of the Quapaws shall be ascertained. Commissioners appointed by the
President are now sitting at Saint Louis for the adjustment of those
differences; but should the line of the Osage treaty prove that
they are settled upon the Osage lands, nothing can be done for the
Cherokees. It is known to you and to that nation that the condition
upon which the emigration was permitted by the President was that a
cession of Cherokee lands should be made equal to the proportion which
the emigrants should bear to the whole nation. This condition has
never been complied with on the part of the nation, and of course all
obligation on the part of the United States to secure the emigrants in
their new possessions has ceased. When the subject was mentioned to the
Cherokee deputation last winter, so far were they from acknowledging
its force, that they declared the emigrants should be compelled to
return."]

[Footnote 230: May 14, 1817.]

[Footnote 231: On the 17th of May, 1817, these commissioners were
advised that the lands proposed to be given the Cherokees on the west
of the Mississippi River, in exchange for those then occupied by them,
were the lands on the Arkansas and immediately adjoining the Osage
boundary line.]

[Footnote 232: United States Statutes at Large, Vol. VII, p. 156.]

[Footnote 233: These tracts are designated on the accompanying map as
Nos. 23 and 24.]

[Footnote 234: These tracts are designated on the accompanying map as
Nos. 25 and 26.]

[Footnote 235: August 1, 1817, the Secretary of War advised the
governor of North Carolina that a treaty with the Cherokees had been
concluded, by which the Indian claim was relinquished to a tract of
country including the whole of the land claimed by them in North
Carolina.]

[Footnote 236: This memorial bore date of July 2, 1817.]

[Footnote 237: United States Statutes at Large, Vol. VII, p. 156.]

[Footnote 238: Letter of Secretary of War to Treaty Commissioners
August 1, 1817.]

[Footnote 239: Letters of Secretary of War to General Jackson and
Colonel Meigs, August 9, 1817.]

[Footnote 240: Letter of Governor McMinn to Secretary of War, November
29, 1818, and subsequent correspondence during 1819. Governor McMinn's
letter of November 29, 1818, states that 718 families had enrolled
for emigration since December 20, 1817, and 146 families had taken
reservations, which made in all, including those who had already
emigrated, about one-half of the Cherokee Nation as committed to the
support of the policy involved in the treaty of 1817.

February 17, 1819, a Cherokee delegation advised the Secretary of
War that, while Governor McMinn's enrollment showed the number of
Cherokees who had removed or enrolled to go prior to November 15, 1818,
to be 5,291, by their calculation the number did not exceed 3,500,
and that they estimated the number of Cherokees remaining east of the
Mississippi at about 12,544.]

[Footnote 241: The instructions of the Amoha council to the delegation
of six bear date of Fortville, Cherokee Nation, September 19, 1817.]

TREATY CONCLUDED FEBRUARY 27, 1819; PROCLAIMED MARCH 10, 1819.[242]

_Held at Washington City, D. C., between John C. Calhoun,
Secretary of War, specially authorized therefor by the President
of the United States, and the chiefs and headmen of the Cherokee
Nation of Indians._

MATERIAL PROVISIONS.

1. The Cherokee Nation cedes to the United States all of their lands
lying north and east of the following line, viz: Beginning on the
Tennessee River at the point where the Cherokee boundary with Madison
County, in the Alabama Territory, joins the same; thence along the main
channel of said river to the mouth of the Highwassee; thence along its
main channel to the first hill which closes in on said river, about two
miles above Highwassee Old Town; thence along the ridge which divides
the waters of the Highwassee and Little Tellico to the Tennessee River
at Talassee; thence along the main channel to the junction of the Cowee
and Nanteyalee; thence along the ridge in the fork of said river to
the top of the Blue Ridge; thence along the Blue Ridge to the Unicoy
Turnpike Road; thence by straight line to the nearest main source of
the Chestatee; thence along its main channel to the Chattahouchee; and
thence to the Creek boundary; it being understood that all the islands
in the Chestatee, and the parts of the Tennessee and Highwassee (with
the exception of Jolly's Island, in the Tennessee, near the mouth of
the Highwassee) which constitute a portion of the present boundary,
belong to the Cherokee Nation; and it is also understood that the
reservations contained in the second article of the treaty of Tellico,
signed the twenty-fifth October, eighteen hundred and five, and a tract
equal to twelve miles square, to be located by commencing at the point
formed by the intersection of the boundary line of Madison County
already mentioned and the north bank of the Tennessee River, thence
along the said line and up the said river twelve miles, are ceded
to the United States, in trust for the Cherokee Nation, as a school
fund, to be sold by the United States, and the proceeds vested as is
hereafter provided in the fourth article of this treaty; and also that
the rights vested in the Unicoy Turnpike Company by the Cherokee Nation
* * * are not to be affected by this treaty.

The foregoing cessions are understood and declared to be in full
satisfaction of all claims of the United States upon the Cherokees on
account of the cession to a part of their nation who have emigrated
or who may emigrate to the Arkansas and as a final adjustment of the
treaty of July 8, 1817.

2. The United States agree to pay, according to the treaty of July 8,
1817, for all valuable improvements on land within the country ceded by
the Cherokees, and to allow a reservation of 640 acres to each head of
a family (not enrolled for removal to Arkansas) who elects to become a
citizen of the United States.

3. Each person named in a list accompanying the treaty shall have a
reserve of 640 acres in fee simple, to include his improvements, upon
giving notice within six months to the agent of his intention to reside
permanently thereon. Various other reservations in fee simple are made
to persons therein named.

4. The reservations and 12-mile tract reserved for a school fund in
the first article are to be sold by the United States and the proceeds
invested in good stocks, the interest of which shall be expended in
educational benefits for the Cherokees east of the Mississippi.

5. The boundary lines of the land ceded by the first article shall be
established by commissioners appointed by the United States and the
Cherokees. Leases made under the treaty of 1817 of land within the
Cherokee country shall be void. All white people intruding upon the
lands reserved by the Cherokees shall be removed by the United States,
under the act of March 30, 1802.

6. Annuities shall be distributed in the proportion of two-thirds to
those east to one-third to those west of the Mississippi. Should the
latter object within one year to this proportion, a census shall be
taken of both portions of the nation to adjust the matter.

7. The United States shall prevent intrusion on the ceded lands prior
to January 1, 1820.

8. The treaty shall be binding upon its ratification.

HISTORICAL DATA.

CHEROKEES WEST OF THE MISSISSIPPI--THEIR WANTS AND CONDITION.

Early in 1818 a representative delegation from that portion of the
Cherokees who had removed to the Arkansas visited Washington with the
view of reaching a more satisfactory understanding concerning the
location and extent of their newly acquired homes in that region. As
early as January 14 of that year, they had addressed a memorial to the
Secretary of War asking, among other things, that the United States
should recognize them as a separate and distinct people, clothed with
the power to frame and administer their own laws, after the manner of
their brethren east of the Mississippi.

Long and patient hearings were accorded to this delegation by the
authorities of the Government, and, predicated upon their requests,
instructions were issued[243] to Governor William Clark, superintendent
of Indian affairs at Saint Louis, among other things, to secure a
cessation of hostilities then raging between the Arkansas Cherokees
and the Osages; furthermore, to induce, if possible, the Shawnees
and Delawares then residing in the neighborhood of Cape Girardeau to
relinquish their land and join the Western Cherokees, or, in the event
of a favorable termination of the Quapaw treaty then pending, that they
might be located on lands acquired from them.

During the year the Arkansas Cherokees had also learned that the
Oneidas of New York were desirous of obtaining a home in the West,
and had made overtures for their settlement among them.[244] The main
object of the Cherokees in desiring to secure these originally eastern
Indians for close neighbors is to be found in the increased strength
they would be able to muster in sustaining their quarrel with their
native western neighbors.

It may be interesting in this connection to note the fact that in 1825
the Cherokees sent a delegation to Wapakoneta, Ohio, accompanied by
certain Western Shawnees, whose mission was to induce the Shawnees
at that point to join them in the West. Governor Lewis Cass, under
instructions from the War Department, held a council at Wapakoneta,
lasting nine days,[245] having in view the accomplishment of this end,
but it was unsuccessful.

Governor Clark was also advised by his instructions of the desire of
the Cherokees to secure an indefinite outlet west, in order that they
should not in the future, by the encroachments of the whites and the
diminution of game, be deprived of uninterrupted access to the more
remote haunts of the buffalo and other large game animals. He was
instructed to do everything consistent with justice in the matter to
favor the Cherokees by securing from the Osages the concession of such
a privilege, it being the object of the President that every favorable
inducement should be held out to the Cherokees east of the Mississippi
to remove and join their western brethren. This extension of their
territory to the west was promised them by the President in the near
future, and in the summer of 1819[246] the Secretary of War instructed
Reuben Lewis, United States Indian agent, to assure the Cherokees that
the President, through the recent accession of territory from the
Osages, was ready and willing to fulfill his promise.

_Survey of east boundary of Cherokees in Arkansas._--Provision having
been made in the treaty of 1817[247] for a definition of the east
line of the tract assigned the Cherokees on the Arkansas, Mr. Reuben
Lewis, the Indian agent in that section, was designated, in the fall of
1818,[248] to run and mark the line, and upon its completion to cause
to be removed, without delay, all white settlers living west thereof,
with the single exception mentioned in the treaty.

These instructions to Mr. Lewis miscarried in the mails and did
not reach him until the following summer. The line had in the mean
time been run by General William Rector, under the authority of the
Commissioner of the General Land Office, which survey Mr. Lewis was
authorized to accept as the correct boundary provided the Cherokees
were satisfied therewith.[249] The field notes of this survey were
certified by General Rector April 14, 1819, and show the length of the
line from Point Remove to White River to have been 71 miles 55 chains
and the course N. 53° E.[250]

_Treaty between Cherokees and Osages._--During this interval[251]
Governor Clark had succeeded in securing the presence at Saint Louis
of representative delegations of both the Osage and Western Cherokee
tribes, between whom, after protracted negotiations, he succeeded in
establishing the most peaceful and harmonious relations, which were
evidenced by all the usual formalities of a treaty.

DISPUTES AMONG CHEROKEES CONCERNING EMIGRATION.

The unhappy differences of mind among the Cherokees east of the
Mississippi on the subject of removal, which had been fast approaching
a climax as a consequence of the treaty of 1817, had been rather
stimulated than otherwise by the frequent departure of parties for
their new western home, and the constant importunities of the United
States and State officials (frequently bearing the semblance of
threats) having in view the removal of the entire tribe. The many
and open acts of violence practiced by the "home" as against the
"emigration" party at length called forth[252] a vigorous letter
of denunciation from the Secretary of War to Governor McMinn, the
emigration superintendent. After detailing at much length the many
advantages that would accrue to the Cherokee Nation by a removal beyond
the contaminating influences always attendant upon the contact of a
rude and barbarous people with a higher type of civilization, the
unselfish and fatherly interest the Government of the United States
had always manifested and still felt in the comfort and progress of
the Cherokee people, and the great degree of liberality that had
characterized its action in securing for the Cherokees in their new
homes an indefinite outlet to the bountiful hunting grounds of the
West, the Secretary concluded by an expression of the determination on
the part of the United States to protect at all hazards from insult
and injury to person or property every Cherokee who should express an
opinion or take action favorable to the scheme of emigration. He also
instructed Governor McMinn to lose no opportunity of impressing upon
the minds of the Cherokees that the practical effect of a complete
execution of the treaty of 1817 would be, as had been the intention
of the Government when it was negotiated, to compel them either to
remove to the Arkansas or to accept individual reservations and become
citizens of the States within whose limits they respectively resided.

PUBLIC SENTIMENT IN TENNESSEE AND GEORGIA CONCERNING CHEROKEE REMOVAL.

Governor McMinn, being the executive of the State of Tennessee, could
hardly be supposed to present the views of the Secretary of War to the
Cherokees on the subject of their removal in milder terms or manner
than they had been communicated to him. The public officer in that
State who should have neglected such an opportunity of compelling
the Cherokees to appreciate the benefits of a wholesale emigration
to the West would have fared but ill at the polls in a contest for
re-election. The people of both Tennessee and Georgia were unalterably
determined that the Indians should be removed from their States, and no
compromise or temporary expedient of delay would satisfy their demands.

Millions of acres of valuable lands, rich in all the elements
that combine to satisfy the necessities and the desires of the
husbandman--mountain, valley, and plain--comprising every variety
of soil, fertilized by innumerable running streams and clothed with
heavy forests of the finest timber, were yet in the possession of
the native tribes of this region. Other lands in great quantities,
available for white settlement and occupation, both in Kentucky and
the adjoining States, were, it is true, lying idle. In point of soil,
water, and timber they were doubtless equal if not superior to the
Indian possessions. But the idea was all-prevalent then as it is now
in border communities, that, however attractive may be the surrounding
districts of public lands open to the inclination of anybody who
desires to settle thereon, the prohibited domain of a neighboring
Indian reservation must of necessity surpass it, and no application of
the principles of reason, philosophy, or justice will serve to lessen
the desire for its possession. Governor McMinn convened[253] a council
of the Cherokees, at which he presented to them in the strongest light
the benefits that would accrue to their nation in the increasing
happiness, prosperity, and population such as would attend their
removal to the Arkansas, while, on the other hand, nothing but evil
could follow their continued residence east of the Mississippi. Their
lands would be constantly encroached upon by white settlers; border
desperadoes would steal their stock, corrupt their women, and besot
their warriors. However anxious the Government might be to protect them
in the uninterrupted enjoyment of their present possessions, it would,
from the circumstances of the case, be utterly unable to do so. He
therefore proposed to them that they should, as a unit, agree to remove
west of the Mississippi, and that the United States should pay them
for their lands the sum of $100,000, in addition to all expenses of
removal; which amount, upon their prompt and indignant refusal, he at
once offered to double, but with as small measure of success.

The treaty of 1817 had made provision for the taking of a census of
the whole Cherokee people during the month of June of the following
year. The census was to form the basis for an equitable distribution of
the annuities and other benefits of which the Cherokee Nation was in
receipt, between the portion who continued to abide in their eastern
homes and those who had removed to the Arkansas country, in proportion
to their respective numbers. Pending this enumeration no annuities had
been paid them, which produced much annoyance and dissatisfaction among
both parties.

In consequence of the hostile and vindictive attitude manifested
toward the emigrant party by the remainder of the nation and the many
obstacles sought to be thrown in the path of removal, the authorities
of the United States had hitherto refused to comply with the census
provision of the treaty of 1817. Governor McMinn, after the rejection
of both his purchase and his removal propositions, then proposed (in
answer to the demand of the Cherokee council that he should cause the
census to be taken in the manner provided) that if they would pass a
formal vote of censure upon such of their officers as he should name
as having violated the treaty by the use of intimidating measures
against the Arkansas emigrants, he would cause the work of taking
the census to be at once begun. The council also declined to do this,
admitting that if such conduct had characterized any of their officers
it was deserving of censure but denying that any proof of the charges
had been submitted. They at last, however, as an evidence of their
good disposition toward the United States, consented to the removal
of one of the offensive officers named from his position as a member
of the council, and the Secretary of War authorized[254] the taking
of the census to be proceeded with. Governor McMinn, in summing up
the results of this council,[255] assumes that about one-half of the
nation had already committed themselves to the policy outlined in
the treaty of 1817, by the fact that since December 28 of that year
718 families had enrolled themselves for removal (aggregating, with
those already removed, 5,291 individuals), besides 146 families who
had elected to take reservations in severalty. The lack of tangible
results following this council was promptly reported to the Secretary
of War by both Governor McMinn and Agent Meigs. The latter advised the
authorities[256] that a fully authorized and representative delegation
of the Cherokee Nation would shortly proceed to Washington, and that,
in his judgment, the nation was rapidly becoming satisfied of their
inability to long postpone what to every impartial observer must appear
as inevitable--an exchange of their country for a location west of the
Mississippi River.

This delegation in due time[257] arrived at the capital, and a series
of councils or interviews was at once entered upon between themselves
and the Secretary of War, as representing the President. Many and
just were the causes of complaint presented to the Secretary by the
delegation. The recital of their wrongs, the deep affection manifested
for their native hills and streams, and the superstitious dread with
which they looked upon removal to a new country as being the decisive
step in their dispersion and destruction as a people were calculated to
excite the sympathy of an unprejudiced mind. It had long been evident,
however, that the simple minded barbarian was unable to cope with the
intelligent and persistent demands of civilization, and that, with or
without his consent, the advancing host of white settlers would ere
many years be in full enjoyment of his present possessions.

TREATY CONCLUDED FOR FURTHER CESSION OF LAND.

After several preliminary discussions concerning the best method
of adjusting their difficulties, the Secretary of War submitted
to them,[258] in writing, a statement of the basis upon which the
United States would enter into a treaty with them, urging prompt
action thereon, in order that the Senate might have time to exercise
its constitutional functions upon the same prior to its approaching
adjournment.

The salient points of this proposition were that the Cherokees should
make a cession of land in proportion to the estimated number of their
nation who had already removed or enrolled themselves for removal to
the Arkansas; that the United States preferred the cession to be made
in Tennessee and Georgia, and that in the latter State it should be as
near and convenient to the existing white settlements as was possible;
that the reservation which the Cherokees had expressed a desire to make
for the benefit of a proposed school fund should be located within the
limits of Alabama Territory, inasmuch as the cession to be made in
Georgia would, under the provisions of the act of Congress of 1802,
belong to that State, and the lands covering the proposed cession in
Tennessee would be subject to location by North Carolina military
land warrants. Neither was such school reservation to constitute any
portion of the land which the Cherokees were to cede in conformity to
the principle of exchange embodied in the first paragraph. The United
States would continue to extend its protection to both branches of
the Cherokee people, but those remaining east of the Mississippi,
having expressed a desire that the lands retained by them should be
absolutely guaranteed from any danger of future cession, were informed
that in order to secure such guarantee it was indispensable that the
cessions they were about to make should be ample, and that the portion
of territory reserved by them should not be larger than was essential
to their wants and convenience. The Secretary reminded them that
should a larger quantity be retained it would not be possible, by any
stipulation in the treaty, to prevent future cessions; that so long as
they retained more land than was necessary or convenient for themselves
they would feel inclined to sell and the United States to purchase. He
commented on the fact that they were rapidly becoming like the white
people, and could not longer live by hunting, but must work for their
subsistence. In their new condition of life far less land would be
essential to their happiness. Their great object should be to hold
their land by severalty titles and to gradually adopt the manners and
laws of life which prevailed among their white neighbors. It was only
thus that they could be prosperous and happy, and neglect to accept and
profit by the situation would inevitably result in their removal or
extinction.

The question as to the area of territory that should be ceded as the
equitable proportion of the Arkansas Cherokees formed the subject
of much dispute. The Eastern Cherokees denied the accuracy of the
emigration roll of Governor McMinn, and asserted that, instead of
5,291 emigrants, as stated by him, there had actually been not
exceeding 3,500, while the non-emigrant portion of the nation they
gave as numbering 12,514, or more than three-fourths of the entire
community.[259]

It being impossible to reconcile these radical differences of estimate
and the Indians becoming wearied and discouraged with the persistent
importunities of the United States officials, they consented to the
cession of those tracts of country naively described in the treaty of
February 27, 1819,[260] as "_at least as extensive_" as that to which
the United States was entitled under the principles and provisions
of the treaty of 1817. These cessions were made, as recited in the
preamble to the treaty, as the commencement of those measures necessary
to the civilization and preservation of their nation, and in order
that the treaty of July 8, 1817, might, without further delay or the
trouble or expense of taking the census therein provided for, be
finally adjusted. It was also agreed that the distribution of annuities
should be made in the proportion of two to one in favor of the Eastern
Cherokees (it being assumed that about one-third of the nation had gone
west), with the proviso that if the Arkansas Cherokees should offer
formal objection to this ratio within one year after the ratification
of the treaty, then a census, solely for the purpose of making a fair
distribution of the annuity, should be taken at such time and in
such manner as the President of the United States should designate.
All leases of any portion of the territory reserved to the Cherokees
were declared void, and the removal of all intruders upon their lands
was promised, to which latter end an order was issued requiring such
removal to take place on or before July 1, 1819.

Thus was concluded the treaty of February 27, 1819, which was promptly
and favorably acted upon by the Senate and ratified and proclaimed
by the President on the 10th of March following. The gist of such
provisions of importance as are not detailed in these historical notes
will be found by reference to the abstract preceding them.

Immediately upon the approval of the treaty by the Senate, the
Secretary of War notified Governor McMinn[261] of the fact, directing
him to give no further encouragement to emigration to the Arkansas, but
to proceed at once to wind up the business under the treaty of 1817.

_Survey of boundaries._--Preparations were at once made for surveying
and marking the lines of the cessions. Hon. Wilson Lumpkin, who was
engaged in running the line between East Florida and the State of
Georgia, was directed[262] to suspend that work, and designated to
survey the line of cession, commencing at the point where the Unicoi
Turnpike crossed the Blue Ridge, and thence to the nearest main source
of the Chestatee, and also to lay off the individual reservations that
should be selected within the State of Georgia.

The following day[263] Robert Houston was appointed to run the line of
the cession within the State of Tennessee, commencing on the Highwassee
River about 2 miles above Highwassee Old Town, as well as to survey the
individual reservations within that State, and also the tracts reserved
in North Carolina and Alabama Territory.

Mr. Houston performed his services as a surveyor to the satisfaction
of all parties;[264] but in running the line from the Unicoi Turnpike
crossing of the Blue Ridge to the nearest main source of the Chestatee,
a dispute arose between Mr. Lumpkin and the Cherokees as to which was
the nearest main source of that river, the Frogtown or the Tessentee
Fork. The surveyor ran the line to the source of the first named fork,
while the Indians insisted that the latter was the proper stream, and
demanded a re-examination of the survey. Agent Meigs having, however,
reported[265] in favor of the correctness of the survey, it was allowed
to stand.[266]

STATUS OF CERTAIN CHEROKEES.

Early in the year 1820[267] complaints began to arise as to the status
of those Cherokees who had made their election to remove to the
Arkansas country but had subsequently concluded to remain east. These,
it was stated, numbered 817, and they found themselves placed in rather
an anomalous situation. Their proportion of the Cherokee national
domain had been ceded to the United States by the treaties of 1817
and 1819. Their share of annuities was being paid, under the treaty
of 1819, to the Cherokees of the Arkansas. Their right to individual
reservations under either treaty was denied, and they were not even
allowed to vote, hold office, or participate in any of the affairs of
the nation.

In this condition they soon became an element of much irritation in the
body politic of the tribe. The Cherokee authorities urged that they
should be furnished with rations and transportation to their brethren
in the West, whither they were now willing to remove, but the Secretary
of War instructed Agent Meigs[268] that emigration to the Arkansas
under the patronage of the Government had ceased, and that those
Cherokees who had enrolled themselves for removal but had not yet gone,
as well as all others thereafter determining to go, must do so at their
own expense.

[Footnote 242: United States Statutes at Large, Vol. VII, p. 195.]

[Footnote 243: May 8, 1818.]

[Footnote 244: Secretary of War to Reuben Lewis, United States Indian
agent, May 16, 1818.]

[Footnote 245: May 16 to 24, inclusive.]

[Footnote 246: July 22.]

[Footnote 247: United States Statutes at Large, Vol. VII, p. 156.]

[Footnote 248: Letter of Secretary of War to Capt. William Bradford,
September 9, 1818.]

[Footnote 249: Secretary of War to Agent Lewis, July 22, 1819.]

[Footnote 250: Field notes and diagram on file in Indian Office.]

[Footnote 251: October 6, 1818.]

[Footnote 252: July 29, 1818.]

[Footnote 254: December 29, 1818.]

[Footnote 253: November 13, 1818.]

[Footnote 255: November 29, 1818.]

[Footnote 256: December 19, 1818.]

[Footnote 257: February, 1819.]

[Footnote 258: February 11, 1819.]

[Footnote 259: Cherokee delegation to Secretary of War, February 17,
1819.]

[Footnote 260: United States Statutes at Large, Vol. VII, p. 195.]

[Footnote 261: March 6, 1819.]

[Footnote 262: March 11, 1819.]

[Footnote 263: March 12, 1819.]

[Footnote 264: Mr. Houston began his survey at the point where the
first hill closes in on Hiwassee River, which he found to be 2-1/2
miles above Hiwassee Old Town. He also states in his report that he
found no ridge dividing the waters of Hiwassee from those of Little
River. This line from the Hiwassee River to the Tennessee River at
Talassee was 46 miles and 300 poles in length. It was begun May 28
and completed June 12, 1819. The line from the junction of Cowee and
Nauteyalee Rivers to the Blue Ridge was begun June 12 and completed
June 18, 1819, and was 36 miles long. His report, with accompanying
map, was communicated to the Secretary of War with letter dated July
30, 1819. A copy of the field notes may be found in American State
Papers, Indian Affairs, Vol. II, pp. 192 and 193.]

[Footnote 265: July 24, 1820.]

[Footnote 266: Secretary of War to Agent Meigs, August 14, 1820.]

[Footnote 267: February 9. See letter of Return J. Meigs to Secretary
of War.]

[Footnote 268: June 15, 1820.]

TREATY CONCLUDED MAY 6, 1828.--PROCLAIMED MAY 28, 1828.[269]

_Held at Washington City, D. C., between James Barbour,
Secretary of War, specially authorized therefor by the President
of the United States, and the chiefs and headmen of the Cherokee
Nation west of the Mississippi._

MATERIAL PROVISIONS.

The preamble recites the desire of the United States to secure to the
Cherokees, both east and west of the Mississippi, a permanent home,
"that shall never in all future time be embarrassed by having extended
around it the lines or placed over it the jurisdiction of a Territory
or State, nor be pressed upon by the extension in any way of any of the
limits of any existing Territory or State."

It also assumes that their actual surroundings, both east and west of
such river, were unadapted to the accomplishment of such a purpose, and
therefore the following articles of agreement were made:

1. The western boundary of Arkansas shall be * * * viz: A line shall
be run commencing on Red River at the point where the Eastern Choctaw
line strikes said river, and run due north with said line to the river
Arkansas; thence in a direct line to the southwest corner of Missouri.

2. The United States agree to possess the Cherokees, and to guarantee
it to them forever, * * * of seven million of acres of land, to be
bounded as follows, viz: Commencing at that point on Arkansas River
where the eastern Choctaw boundary lines strikes said river, and
running thence with the western line of Arkansas, as defined in the
foregoing article, to the southwest corner of Missouri, and thence with
the western boundary line of Missouri till it crosses the waters of
Neasho, generally called Grand River; thence due west to a point from
which a due-south course will strike the present northwest corner of
Arkansas Territory; thence continuing due south on and with the present
western boundary line of the Territory to the main branch of Arkansas
River; thence down said river to its junction, with the Canadian River,
and thence up and between the said rivers Arkansas and Canadian to a
point at which a line running north and south from river to river will
give the aforesaid seven million of acres.

In addition to the seven millions of acres thus provided for and
bounded, the United States guarantee to the Cherokee Nation a perpetual
outlet west, and a free and unmolested use of all the country lying
west of the western boundary of the above described limits and as far
west as the sovereignty of the United States and their right of soil
extend.

3. The United States agree to survey the lines of the above cession

4. The United States agree to appraise and pay the value of all
Cherokee improvements abandoned by the latter in their removal; also to
sell the property and improvements connected with the agency, for the
erection of a grist and saw mill in their new home.

5. The United States agree to pay the Cherokees $50,000 as the
difference in value between their old and their new lands; also an
annuity for three years of $2,000 to repay cost and trouble of going
after and recovering stray stock; also $8,760 in full for spoliations
committed on them by the Osages or citizens of the United States; also
$1,200 for losses sustained by Thomas Graves, a Cherokee chief; also
$500 to George Guess, the discoverer of the Cherokee alphabet, as well
as the right to occupy a saline; also an annuity of $2,000 for ten
years to be expended in the education of Cherokee children; also $1,000
for the purchase of printing press and type; also, the benevolent
society engaged in instructing Cherokee children to be allowed the
amount expended by it in erection of buildings and improvements; also,
the United States to release the indebtedness of the Cherokees to the
United States factory to an amount not exceeding $3,500.

6. The United States agree to furnish the Cherokees, when they desire
it, a system of plain laws and to survey their lands for individual
allotment.

7. The Cherokees agree within fourteen months to leave the lands in
Arkansas assigned them by treaties of January 8, 1817, and February 27,
1819.

8. Each head of a Cherokee family east of the Mississippi desiring to
remove to the country described in the second article hereof to be
furnished by the United States with a good rifle, a blanket, a kettle,
five pounds of tobacco, and compensated for all improvements he may
abandon; also a blanket to each member of his family. The United States
to pay expenses of removal and to furnish subsistence for one year
thereafter. Each head of family taking with him four persons to receive
$50.

9. The United States to have a reservation 2 by 6 miles at Fort Gibson,
with the right to construct a road leading to and from the same.

10. Capt. James Rogers to have $500 for property lost and services
rendered to the United States.

11. Treaty to be binding when ratified.

NOTE.--The Senate consented to the ratification of this treaty with
the proviso that the "western outlet" should not extend north of 36°,
nor to interfere with lands assigned or to be assigned to the Creeks;
neither should anything in the treaty be construed to assign to the
Cherokees any lands previously assigned to any other tribe.

HISTORICAL DATA.

RETURN J. MEIGS AND THE CHEROKEES.

Return J. Meigs had for nearly twenty years[270] occupied the position
of United States agent for the Cherokee Nation. As a soldier of the
Revolutionary war he had marched with Arnold through the forests of
Maine and Canada to the attack on Quebec in 1775.[271]

He had also, by his faithful, intelligent, and honest administration
of the duties of his office as Indian agent, secured the perfect
confidence of his official superiors through all the mutations of
administration. He had acquired a knowledge of and familiarity with
the habits, character, and wants of the Cherokees such as was perhaps
possessed by few, if indeed by any other man.

Any suggestions, therefore, that he might make concerning the solution
of the Cherokee problem were deserving of grave consideration. His
views were submitted in detail upon the condition, prospects, and
requirements of the Cherokee Nation in a communication to the Secretary
of War.[272] To his mind the time had arrived when a radical change in
the policy of managing their affairs had become essential. Ever since
the treaty of 1791 the United States, in pursuance of a policy therein
outlined for leading the Cherokees toward the attainment of a higher
degree of civilization, in becoming herdsmen and cultivators instead
of hunters, had been furnishing each year a supply of implements for
husbandry and domestic use. In consequence a respectable proportion of
that nation had become familiarized with the use of the plow, spade,
and hoe. Many of their women had learned the art of spinning and
weaving, and in individual instances considerable progress had been
made in the accumulation of property. Agent Meigs now thought that
the point had been reached where the Cherokee people should begin to
fight their own battles of life, and that any further contributions
to their support, either in the shape of provisions or tools, would
have only a tendency to render them more dependent upon the Government
and less competent to take care of themselves. Those who were already
advanced in the arts of civilized life should be the tutors of the
more ignorant. They possessed a territory of perhaps 10,000,000 acres
of land, principally in the States of Georgia, North Carolina, and
Tennessee, for the occupation of which they could enumerate little
more than 10,000 souls or 2,000 families. If they were to become an
agricultural and pastoral people, an assignment of 640 acres of land
to each family would be all and more than they could occupy with
advantage to themselves. Such an allotment would consume but 1,280,000
acres, leaving more than 8,000,000 acres of surplus land which might
and ought to be sold for their benefit, and the proceeds (which he
estimated at $300,000, to be paid in fifty annual installments) applied
to their needs in the erection of houses, fences, and the clearing
and breaking up of their land for cultivation. The authority and
laws of the several States within whose limits they resided should
become operative upon them, and they should be vested with the rights,
privileges, and immunities of citizens of those States. These views met
with the concurrence of the administration, and would possibly have
been carried into effect but for the intense hostility thereto of not
only the unprogressive element among the Cherokees themselves but of
the officials and people of the States most interested, who could not
view with complacency the permanent occupation of a single acre of land
within their limits by the aboriginal owners.

TENNESSEE DENIES THE VALIDITY OF CHEROKEE RESERVATIONS.

About this time trouble arose between the authorities of the State of
Tennessee and the surveyor (Robert Houston) who had been intrusted
with the duty of laying off such individual reservations as should
be taken under the provisions of the treaties of 1817 and 1819. Mr.
Houston reported to the Secretary of War that the legislature of
Tennessee had refused to confirm all such reservations taken in virtue
of the provisions of those treaties subsequent to the 1st of July,
1818, or, in other words, after the time provided for taking the
Cherokee census had expired, and desired the opinion and instructions
of the Department thereon. The question involved in this dispute was
deemed of sufficient importance to secure an official opinion from the
Attorney-General prior to directing any further action.[273] An opinion
was rendered[274] by Attorney-General Wirt, the substance of which was
that the right of taking these reservations having been in the first
instance given by the treaty of 1817 until the census should be taken,
and the time for taking the census having been, by the acquiescence
of both parties to the treaty, kept open until the conclusion of the
treaty of February 27, 1819, all the reservations taken prior to this
latter date were legal, more especially as they had been ratified by
the recognition of them contained in the treaty of 1819. Furthermore,
the second article of that treaty, taken in connection with the seventh
article, continued the period for taking reservations until the 1st
of January, 1820. Mr. Houston was instructed[275] to proceed to lay
off the reservations in consonance with this opinion, notwithstanding
which the authorities of Tennessee took issue therewith and passed a
law providing for the sale of the disputed reserves, whereupon the War
Department instructed[276] Agent Meigs to cause one or two test cases
to be prepared for trial in the courts.

While on the subject of these reservations it is pertinent to remark
that by act of March 3, 1823, Congress appropriated $50,000 to be
expended in extinguishing the Indian title to such individual fee
simple reservations as were made within the limits of Georgia by the
Cherokee treaties of 1817 and 1819 and by the Creek treaties of 1814
and 1821. James Merriwether and Duncan G. Campbell were appointed
as commissioners to carry the same into effect. Twenty-two thousand
dollars were also appropriated May 9, 1828, to reimburse the State
of North Carolina for the amount expended by her authorities in
extinguishing Cherokee reservation titles in that State under the
treaties of 1817 and 1819.

UNITED STATES AGREE TO EXTINGUISH INDIAN TITLE IN GEORGIA.

By an agreement between the United States and the State of Georgia
bearing date April 24, 1802,[277] Georgia ceded to the United States
all the lands lying south of Tennessee and west of Chattahoochee River
and a line drawn from the mouth of Uchee Creek direct to Nickojack, on
the Tennessee River. In consideration of this cession the United States
agreed to pay Georgia $1,250,000, and to extinguish the Indian title
whenever the same could be done on peaceable and reasonable terms; also
to assume the burden of what were known as the Yazoo claims.

_Georgia charges the United States with bad faith._--Ever since the
date of this agreement the utmost impatience had been manifested by the
Government and the people of the State of Georgia at the deliberate
and careful course which had characterized the action of the General
Government in securing relinquishment of their lands in that State
from the Creeks and Cherokees. Charges of bad faith on the part of the
United States, coupled with threats of taking the matter into their
own hands, had been published in great profusion by the Georgians.
These served only to enhance the difficulties of the situation and to
excite a stubborn resistance in the minds of the Indians against any
further cessions of territory.

_Report of Congressional committee._--The subject was brought to
the attention of Congress through the action of the governor and
legislature of Georgia. A select committee was appointed by the House
of Representatives, at the first session of the Seventeenth Congress,
to take the matter into consideration and to report whether the said
articles of agreement between that State and the United States had so
far been executed according to the terms thereof, and what were the
best means of completing the execution of the same. This committee
submitted a report to the House,[278] wherein, after reciting the
terms of the agreement, allusion is made to the Creek treaty of 1814,
and the opinion expressed that the agreement might have been more
satisfactorily complied with by demanding the cession at that treaty of
the Creek lands within Georgia's limits, instead of accepting in large
measure those within the Territory of Alabama. The Indians were by this
action forced, in the opinion of the committee, within the limits of
Georgia, instead of being withdrawn therefrom.

Respecting the Cherokee treaty of July 8, 1817, the committee say that
some time previous to its conclusion the Cherokees had represented to
the President that their upper and lower towns wished to separate;
that the Upper Cherokees desired to be confined to a smaller section
of country and to engage in the pursuits of agriculture and civilized
life; that the Lower Cherokees preferred continuing the hunter's life,
and, owing to the scarcity of game in their own country, proposed to
exchange it for land on the west of the Mississippi River; that to
carry into effect these wishes of the Indians the treaty of 1817 was
held, and the United States then had it in their power to have so far
complied with their contract with Georgia as to have extinguished the
title of the Cherokees to most of their lands within the limits of
that State; that this could readily have been done, for the reason
that the Upper Cherokees resided beyond the boundaries of Georgia,
and had expressed a desire to retain lands on the Hiwassee River,
in Tennessee, whilst the Lower Cherokees, who were desirous of
emigrating west, mostly resided in the former State. But, in spite of
this opportunity, the United States had purchased an inconsiderable
tract of country in Georgia and a very considerable one in Tennessee,
apparently in opposition to the wishes of the Indians, the interests
of Georgia, and of good faith in themselves. By this treaty the United
States had also granted a reservation of 640 acres to each head of
an Indian family who should elect to remain on the eastern side of
the Mississippi. This the committee viewed as an attempt on the part
of the United States to grant lands in fee simple within the limits
of Georgia in direct violation of the rights of that State. The
provision permitting Cherokees to become citizens of the United States
was also characterized as an unwarrantable disregard of the rights
of Congress. It was further asserted that by the treaty of 1819 the
United States had shown a disposition and determination to permanently
fix the Cherokee Indians upon the soil of Georgia, and thereby render
it impossible to comply with their contract with that State. Yet
another feature of this treaty too objectionable to be overlooked was
the agreement of the United States that 12 miles square of land ceded
by the Indians should be disposed of and the proceeds invested for
the establishment of a school fund for those Indians. In conclusion
the committee suggested that in order to a proper execution of the
agreement with Georgia it would be necessary for the United States
to relinquish the policy they had apparently adopted with regard to
civilizing the Indians and keeping them permanently on their lands, at
least in respect to the Creeks and Cherokees, and that appropriations
should be made from time to time sufficiently large to enable the
Government to hold treaties with those Indians for the extinguishment
of their title.

_Commissioners appointed to negotiate a new treaty._--Stimulated by
the sentiments so strongly expressed in this report of a committee of
the House of Representatives, the executive authorities determined to
make another effort to secure a further cession of territory from the
Cherokees.

Accordingly the President appointed[279] General John Floyd, Maj.
Freeman Walker, and Hon. J. A. Cuthbert, all of Georgia, commissioners
to negotiate a treaty with that nation, and advised them of his earnest
desire that a cession should be secured from the Indians such as
would prove satisfactory to that State. Messrs. Walker and Cuthbert
declined their appointments, and Duncan G. Campbell and General David
Merriwether were appointed[280] in their places. General Merriwether
dying shortly after, was succeeded by Maj. James Merriwether, whom it
had been the original intention to appoint, but for whose name that
of General Merriwether had been inserted in the primary appointment
through mistake. Before any active steps had been taken toward the
performance of the duties assigned the commission, General Floyd
resigned,[281] and the President determined to allow the remaining
two members to constitute the full commission. Their appointment was
submitted to and approved[282] by the Senate, and in the transmission
of their new commissions by the Secretary of War perseverance and
judicious management were enjoined upon them as essential to success
in their negotiations. It would seem that all their perseverance was
needed, for the commissioners were unable to secure even an interview
with the Cherokee authorities until a date and place had been
designated for the fourth time.

_Death of Agent Meigs._--About this time[283] Agent Meigs, who since
1801 had represented the Government with the Cherokees, died, and
ex-Governor McMinn, of Tennessee, was appointed[284] to succeed him.

_Failure to conclude proposed treaty._--The treaty commissioners
finally met the council of the Cherokee Nation at Newtown, their
capital, on the 4th of October, 1823.[285] They were also accompanied
by Johnson Wellborn and James Blair, who had been appointed by the
governor of Georgia as commissioners to advance the interests and
protect the rights of that State. The negotiations were all conducted
in writing, and form an interesting chapter in the history of the
methods used throughout a long series of years to secure from the
Cherokees, by "voluntary, peaceful, and reasonable means," the
relinquishment of their ancestral territory. The commissioners set
forth their desire to procure the cession of a tract of country
comprising all to which the Cherokees laid claim lying north and east
of a line to begin at a marked corner at the head of Chestatee River,
thence along the ridge to the mouth of Long Swamp Creek, thence down
the Etowah River to the line to be run between Alabama and Georgia,
thence with that line to the dividing line between the Creeks and
Cherokees, and thence with the latter line to the Chattahoochee. In
consideration of this proposed cession, the commissioners agreed that
the United States should pay the sum of $200,000 and also indemnify the
nation against the Georgia depredation claims, as well as the further
sum of $10,000 to be paid immediately upon the signing of the treaty.

To this proposition, in spite of the threatening language used by the
commissioners, the Indians invariably and repeatedly returned the
answer, "We beg leave to present this communication as a positive and
unchangeable refusal to dispose of one foot more of land."[286]

The commissioners, seeing the futility of further negotiations,
adjourned _sine die_,[287] and a report of their proceedings was made
by Commissioner Campbell thirty days later, Major Merriwether having in
the mean time resigned.

_Cherokees ask protection against Georgia's demands._--Shortly
following these attempted negotiations, which had produced in the
minds of the Indians a feeling of grave uneasiness and uncertainty, a
delegation of Cherokees repaired to Washington for a conference with
the President touching the situation. Upon receiving their credentials,
the Secretary of War sounded the key-note of the Government's purpose
by asking if they had come authorized by their nation to treat for
a further relinquishment of territory. To this pointed inquiry the
delegation returned a respectful and earnest memorial,[288] urging that
their nation labored under a peculiar inconvenience from the repeated
appropriations made by Congress for the purpose of holding treaties
with them having in view the further purchase of lands. Such action had
resulted in much injury to the improvement of the nation in the arts of
civilized life by unsettling the minds and prospects of its citizens.
Their nation had reached the decisive and unalterable conclusion to
cede no more lands, the limits preserved to them by the treaty of 1819
being not more than adequate to their comfort and convenience. It was
represented as a gratifying truth that the Cherokees were rapidly
increasing in number, rendering it a duty incumbent upon the nation to
preserve, unimpaired to posterity, the lands of their ancestors. They
therefore implored the interposition of the President with Congress
in behalf of their nation, so that provision might be made by law to
authorize an adjustment between the United States and the State of
Georgia, releasing the former from its compact with the latter so far
as it respected the extinguishment of the Cherokee title to land within
the chartered limits of that State.

The response[289] of the Secretary of War to this memorial was a
reiteration of the terms of the compact with Georgia and of the zealous
desire of the President to carry out in full measure the obligations of
that compact. The manifest benefits and many happy results that would
inure to the Cherokee Nation from an exchange of their country for
one beyond the limits of any State and far removed from the annoying
encroachments of civilization were pictured in the most attractive
colors, but all to no purpose, the Cherokees only maintaining with
more marked emphasis their original determination to part with no more
land. Seeing the futility of further negotiations, the Secretary of War
addressed[290] a communication to the governor of Georgia advising him
of the earnest efforts that had been made to secure further concessions
from the Cherokees and of the discouraging results, and inviting an
expression of opinion from him upon the subject.

_Governor Troup's threatening demands._--Governor Troup lost no time in
responding to this invitation by submitting[291] a declaration of views
on behalf of the government and people of the State of Georgia, the
vigorously aggressive tone of which in some measure perhaps compensated
for its lack of logical force. After censuring the General Government
for the tardiness and weakness that had characterized its action on
this subject throughout a series of years and denying that the Indians
were anything but mere tenants at will, he laid down the proposition
that Georgia was determined at all hazards to become possessed of the
Cherokee domain; that if the Indians persisted in their refusal to
yield, the consequences would be that the United States must either
assist the Georgians in occupying the country which is their own and
which is unjustly withheld from them, or, in resisting the occupation,
to make war upon and shed the blood of brothers and friends. He further
declared that the proposition to permit the Cherokees to reserve a
portion of their land within that State for their future home could
not be legitimately entertained by the General Government except with
the consent of Georgia; that such consent would never be given; and,
further that the suggestion of the incorporation of the Indians into
the body politic of that State as citizens was neither desirable
nor practicable. The conclusion of this remarkable state paper is
characterized by a broadly implied threat that Georgia's fealty to
the Union would be proportioned to the vigor and alertness with which
measures were adopted and carried into effect by the United States for
the extinguishment of the Cherokee title.

_Response of President Monroe._--These criticisms by the executive of
Georgia, which were sanctioned and in large measure reiterated by the
legislature and by the Congressional delegation of that State,[292]
called forth[293] from President Monroe a message to Congress upon
the subject in defense of the course that had been pursued by the
executive authorities of the United States. Accompanying this message
was a report[294] from John C. Calhoun, Secretary of War, wherein it
is alleged that at the date of the compact of 1802 between the United
States and Georgia the two Indian nations living within the limits
of that State (the Creeks and the Cherokees) were respectively in
possession of 19,578,890 and 7,152,110 acres of territory. At the date
of such compact, treaties existed between the United States and those
tribes defining the limits of their territories. In fulfillment of the
stipulation with Georgia, seven treaties had been held with them, five
of which were with the Creeks and two with the Cherokees. The lands
thus acquired from the former in Georgia amounted to 14,449,480 acres
and from the latter to 995,310 acres. In acquiring these cessions
for the State of Georgia the United States had expended $958,945.90,
to which should be added the value of the 995,310 acres given by the
Cherokees in exchange for lands west of the Mississippi, the estimated
value of which, at the minimum price of public lands, would amount to
$1,244,137.50. The United States had also (in addition to $1,250,000
paid to Georgia as a part of the original consideration) paid to the
Yazoo claimants, under the same compact, $4,282,151.12, making in the
aggregate $7,735,243.52, which sum did not include any portion of the
expense of the Creek war, whereby upwards of 7,000,000 acres were
acquired for the State of Georgia.[295]

The President expressed it as his opinion that the Indian title was
not in the slightest degree affected by the compact with Georgia, and
that there was no obligation resting on the United States to remove the
Indians by force, in the face of the stipulation that it should be done
_peaceably_ and on _reasonable_ conditions. The compact gave a claim to
the State which ought to be executed in all its conditions with good
faith. In doing this, however, it was the duty of the United States to
regard its strict import, and to make no sacrifice of their interest
not called for by the compact, nor to commit any breach of right or
humanity toward the Indians repugnant to the judgment and revolting
to the feelings of the whole American people. The Cherokee agent,
Ex-Governor McMinn, was shortly afterward ordered,[296] "without delay
and in the most effectual manner, forthwith to expel white intruders
from Cherokee lands."

_Alarm of the Cherokees and indignation of Georgia._--The views
expressed by the governor and legislature of Georgia upon this subject
were the cause of much alarm among the Cherokees, who, through their
delegation, appealed[297] to the magnanimity of the American Congress
for justice and for the protection of the rights, liberties, and lives
of the Cherokee people. On the other hand, the doctrines enunciated in
President Monroe's special message, quoted above, again aroused the
indignation of the governor of Georgia, who, in a communication[298] to
the President, commented with much severity upon the bad faith that for
twenty years had characterized the conduct of the executive officers of
the United States in their treatment of the matter in dispute.

_Message of President John Quincy Adams._--Every day but added
acrimonious intensity to the feelings of the officials and people of
Georgia. Their determination to at once possess both the Creek and the
Cherokee territory within her chartered limits would admit of no delay
or compromise. Following the Creek treaty of 1826, her surveyors were
promptly and forcibly introduced into the ceded country, in spite of an
express provision of the treaty forbidding such action prior to the 1st
of January, 1827. So critical was the state of affairs considered to be
that President John Quincy Adams invited the attention of Congress to
the subject in a special message.[299] Therein the President declared
that it ought not to be disguised that the act of the legislature of
Georgia, under the construction given to it by the governor of that
State, and the surveys made or attempted by his authority beyond the
boundary secured by the treaty of 1826 to the Creek Indians, were in
direct violation of the supreme law of the land, set forth in a treaty
which had received all the sanctions provided by the Constitution;
that happily distributed as the sovereign powers of the people of this
Union had been between their general and State governments, their
history had already too often presented collisions between these
divided authorities with regard to the extent of their respective
powers. No other case had, however, happened in which the application
of military force by the Government of the Union had been suggested
for the enforcement of a law the violation of which had within any
single State been prescribed by a legislative act of that State. In
the present instance it was his duty to say that if the legislative
and executive authorities of the State of Georgia should persevere in
acts of encroachment upon the territories secured by a solemn treaty to
the Indians and the laws of the Union remained unaltered, a superadded
obligation, even higher than that of human authority, would compel the
Executive of the United States to enforce the laws and fulfill the
duties of the nation by all the force committed for that purpose to his
charge.

CHEROKEE PROGRESS IN CIVILIZATION.

Notwithstanding the many difficulties that had beset their paths and
the condition of uncertainty and suspense which had surrounded their
affairs for years, the Cherokees seem to have continued steadily in
their progress toward civilization.

The Rev. David Brown, who in the fall of 1825 made an extended tour
of observation through their nation, submitted, in December[300] of
that year, for the information of the War Department, an extended
and detailed report of his examination, from which it appeared that
numberless herds of cattle grazed upon their extensive plains; horses
were numerous; many and extensive flocks of sheep, goats, and swine
covered the hills and valleys; the climate was delicious and healthy
and the winters were mild; the soil of the valleys and plains was rich,
and was utilized in the production of corn, tobacco, cotton, wheat,
oats, indigo, and potatoes; considerable trade was carried on with the
neighboring States, much cotton being exported in boats of their own to
New Orleans; apple and peach orchards were quite common; much attention
was paid to the cultivation of gardens; butter and cheese of their own
manufacture were seen upon many of their tables; public roads were
numerous in the nation and supplied at convenient distances with houses
of entertainment kept by the natives; many and flourishing villages
dotted the country; cotton and woolen cloths were manufactured by the
women and home-made blankets were very common; almost every family grew
sufficient cotton for its own consumption; industry and commercial
enterprise were extending themselves throughout the nation; nearly
all the merchants were native Cherokees; the population was rapidly
increasing, a census just taken showing 13,563 native citizens, 147
white men and 73 white women who had intermarried with the Cherokees,
and 1,277 slaves; schools were increasing every year, and indolence
was strongly discountenanced; the nation had no debt, and the revenue
was in a flourishing condition; a printing press was soon to be
established, and a national library and museum were in contemplation.

FAILURE OF NEGOTIATIONS FOR FURTHER CESSION OF LANDS.

On the 2d of March, 1827,[301] Congress passed an act authorizing
the President to open negotiations with the Cherokees for the
extinguishment of their title to such lands as were claimed by them
within the limits of the State of North Carolina, and also for such
quantity of land as should be necessary in the building of a canal to
connect the Hiwassee and Canasauga Rivers.

Ten thousand dollars were appropriated to defray the expenses of such
negotiations, and Generals John Cocke, G. L. Davidson, and Alexander
Grey were[302] appointed commissioners to conduct the same. Their
negotiations were barren of results, as were also those of Maj. F. W.
Armstrong, who in the following year[303] was dispatched on a similar
mission.

THE CHEROKEE NATION ADOPTS A CONSTITUTION.

At a general convention, of delegates, "duly authorized for that
purpose," held at New Echota, in the Cherokee Nation, July 26, 1827, a
constitution, was adopted for the nation, predicated upon their assumed
sovereignty and independence as one of the distinct nations of the
earth. Such an instrument could not fail of exciting to the highest
pitch the feelings and animosity of the authorities and people of
Georgia.

_Georgia's opinion of the Indian title._--Governor Forsyth
inclosed[304] a copy of the "presumptuous" document to the President,
at the same time desiring to know what the United States proposed to
do about the "erection of a separate government within the limits of a
sovereign State."

He also inclosed the report of a committee and the resolutions of the
legislature of Georgia predicated thereon as exhibiting the sentiments
of that body on the subject. This committee, in reporting to the
legislature the results of their investigations, assert that anterior
to the Revolutionary war the Cherokee lands in Georgia belonged to
Great Britain, and that the right as to both domain and empire was
complete and perfect in that nation. The possession by the Indians was
permissive. They were under the protection of Great Britain. Their
title was temporary, being mere tenants at will, and such tenancy might
have been determined at any moment either by force or by negotiation,
at the pleasure of that power. Upon the close of the Revolution,
Georgia assumed all the rights and powers in relation to the lands
and Indians in question previously belonging to Great Britain, and
had not since divested herself of any right or power in relation to
such lands, further than she had in respect of all the balance of
her territory. She was now at full liberty and had the power and the
right to possess herself, by any means she might choose, of the lands
in dispute, and to extend over them her authority and laws. Although
possessing this right, she was averse to exercising it until all other
means of redress had failed. She now made one other and last appeal
to the General Government to open negotiations with the Cherokees on
this subject. If no such negotiation should be opened, or if, being
opened, it should result unsuccessfully, it was recommended to the next
legislature of Georgia to take immediate possession of the disputed
territory and to extend her jurisdiction and laws over the same. In a
spirit of liberality, however, it was suggested that, in any treaty the
United States might make with the Cherokees, Georgia would agree to
allow reserves to be made to individual Indians not exceeding in the
aggregate one-sixth part of the entire territory in dispute. Should the
Indians still refuse to negotiate, they were solemnly warned of the
unfortunate consequences likely to follow, as the lands _belonged_ to
Georgia, and that she _must_ and _would_ have them.

A resolution of the House of Representatives of the United States,
in the month of March following, calling upon the President for
information upon the subject, brought forth[305] copies of all the
correspondence relative to the matter, and the distinct avowal that
the records of the United States failed to show any act of executive
recognition of the new form of Cherokee government, but that, on the
contrary, their status toward the United States was regarded as not in
the slightest degree changed.

CHEROKEE AFFAIRS WEST OF THE MISSISSIPPI.

Whilst all these events having a bearing upon the condition and
prospective welfare of that portion of the Cherokee people who had
remained in their old homes east of the Mississippi River were
happening, those who had taken up their abode in the Arkansas country
were likewise having their troubles.

_Difficulties with the Osages._--Their disagreements with the Osages,
which had, with slight intermission, existed for years, broke out
afresh when in February, 1820, a party of Osages robbed and killed
three Cherokees. The latter determined upon the prosecution of a
general war against the aggressors, and were only persuaded to pause
at the earnest solicitation[306] of Governor Miller, of Arkansas
Territory, until he could visit the villages of the Osages and demand
the surrender of the murderers. In company with four of the Cherokee
chiefs, he proceeded to the principal Osage village, where they were
kindly received by the Osages, who repudiated the action of the
murderers and agreed conditionally to surrender them. They, however,
produced the treaty concluded in 1818, under the superintendence
of Governor Clark, between themselves and the Cherokees, Shawnees,
and Delawares, wherein it was agreed that a permanent peace should
thenceforth exist between them, and that the Cherokees were to meet
them at Fort Smith the following spring and surrender all Osage
prisoners, which the former had neglected to do and still retained a
number of Osage captives. The Cherokee chiefs admitted that this was
true, whereupon Governor Miller advised them that before the Osage
murderers could be surrendered, the Cherokees must comply with their
agreement by surrendering all prisoners in their hands. An arrangement
was made to meet at Fort Smith in October following and effect the
exchange,[307] which was done. Notwithstanding this adjustment, the
feeling of hostility between the two tribes remained. Active warfare
broke out again in the summer of 1821,[308] and was not suppressed by
the most strenuous efforts of the United States authorities until the
fall of the following year.[309]

_Boundaries and area._--Governor Miller reported, in connection with
this subject, that the Arkansas Cherokees were very restless and
dissatisfied. They complained much in that, as they said, no part of
the treaty of 1819 had been complied with by the United States and in
that they had received no annuity money since their removal to the west
of the Mississippi River. Furthermore, their boundaries had not been
established, and they still awaited the fulfillment of the promise made
them for an extension of their line to the west as far as the Osage
line. To this latter scheme the Osages were much opposed, preferring
rather to have the country occupied by whites. The adjustment of this
boundary question would seem to have been very desirable, inasmuch as
nearly one-half of the Cherokees had taken up their abode south of
the Arkansas River,[310] which was clearly outside of their proper
limits. It formed the subject of much correspondence and complaint
throughout several years, and was the occasion of a number of visits of
representative delegations from the Arkansas Cherokees to Washington.
The eastern boundary had, as already stated, been run by General Rector
in 1818-'19, but the difficulty in fixing the western line arose
from the fact that the quantity of land to which the Cherokees were
entitled was to be measured by the area already ceded by them to the
United States by the treaties of 1817 and 1819. The ascertainment of
this latter quantity with exactness could not be made in advance of
the completion of the surveys thereof by the States of North Carolina,
Tennessee, and Georgia. From such reports and estimates as the United
States were able to secure from the several State authorities, it
was estimated, early in 1823,[311] that the quantity to which the
Cherokees were entitled was about 3,285,710 acres, and they were
informed that measures would at once be taken to have the western
boundary established. This was performed under direction of Governor
Miller, in compliance with instructions given him for that purpose on
the 4th of March, 1823. A year later[312] a delegation of the Indians
visited Washington to complain that the boundary had been run without
notice to them and in such a manner as to be highly prejudicial to
their interests. It was also urged that the quantity of land included
was largely less than the quantity ceded by the Cherokees east of the
Mississippi.

It would seem that in the survey of this western boundary Governor
Miller, through a misconception of his instructions, had caused the
line to be run due north, and south, instead of in a direction parallel
with that of the east line, as was the evident intention of the treaty
of 1817.[313] The effect of this action was to largely curtail the
Cherokee frontage on Arkansas River, where the lands were rich and
capable of remunerative cultivation, and to extend their frontier on
the Upper White River, toward the rough and comparatively valueless
region of the Ozark Mountains. It was also admitted by the Secretary of
War that the quantity of land within these boundaries was probably less
than that to which the Cherokees were entitled.[314] Inquiries were
accordingly again made of the several State authorities as to the area
of territory acquired by them through the treaties of 1817 and 1819,
the replies to which, though partially estimated, aggregated 4,282,216
acres.[315] Directions were therefore given to Agent Duval[316] to
propose to the Indians the running of a provisional line, subject to
such future alterations as the official returns of the quantity ceded
in the States should render necessary and proper. It seems, however,
from a report of Agent Duval, that the Cherokees in council had
expressed to him a preference to adopt for their western boundary what
was known as the "upper" or Governor Miller line, and to run thence
down and between the Arkansas and White Rivers for quantity, ignoring
the line run under the treaty of 1817 by General Rector, the effect
of which would be to give them an extension of territory to the east
instead of toward the west. This proposition called forth directions
from the Secretary of War to Governor Izard, in the spring of 1825, to
open negotiations with the Cherokees upon the subject of an exchange
of territory with them for an equal quantity of land lying to the west
of Arkansas and Missouri, and for their removal thereto, but that the
matter must not be pressed to the point of irritation. If, through the
aversion of the Indians to entertain such a proposition, it should be
dropped, then, if ±he same should be satisfactory to the citizens of
Arkansas, the proposal contained in the report of Agent Duval would
meet the views of the Government.[317]

The Indians were brought to no definite agreement to either of these
propositions. In the meantime their provisional western boundary was
established and run, in January and February, 1825.[318] The line began
at the upper end of Table Rock Bluff, on the Arkansas River, and ran
north 1 mile and 70 chains, crossing Skin Bayou at a distance of 66
chains from the beginning; thence it ran north 53° east 132 miles and
31 chains, to White River, which it struck at a point opposite the
mouth of Little North Fork.

As a matter of fact, so strong was the prejudice of the Cherokees
against any concession of territory that their council passed[319] what
they denominated a "perpetual law" denouncing the death penalty against
any of their nation who should propose the sale or exchange of their
lands.

_Lovely's purchase._--In the mean time the legislature of Arkansas,
through Acting Governor Crittenden, had forwarded to the President
in the summer of 1824, a memorial urging that the tract of country
known as "Lovely's purchase" be thrown open to white settlement by a
revocation of the prohibitory order of December 15, 1818. This the
President declined to do until a final adjustment should be made of the
west boundary of the Cherokees and the east boundary of the Choctaws.
A history of "Lovely's purchase" is to be found in a letter dated
January 30, 1818, from Major Long, of the Topographical Engineers,
to General Thomas A. Smith. From this it seems that by a treaty then
recently made (but without any authority) with the Osages, "by Mr.
Lovely, late Indian agent,"[320] that tribe had ceded to the United
States the country between the Arkansas and Red Rivers, and also a
tract on the north of the Arkansas situated between the Verdigris River
and the boundary established by the Osage treaty of 1808. It appears,
however, that it was not the intention of the Osages to cede to the
United States so large a tract on the north of the Arkansas, but, as
afterwards alleged by their chiefs, they only desired to surrender
the country lying south of a line commencing at the Falls of the
Verdigris and running due east to the treaty line of 1808, and east of
another line beginning at the same place and running due south as far
as their possessions should extend, and thence east again to the 1808
boundary, excepting and reserving therefrom the point of land between
the Verdigris and Six Bulls or Grand River. The Osages, never having
been informed that the treaty was not duly authorized and had not been
confirmed, still considered the country described therein as belonging
to the United States, and had repeatedly solicited whites to settle
on it, alleging that the main object of the cession on their part was
to secure the convenient approach of civilized neighbors, who should
instruct the men how to cultivate the ground and the women to spin and
weave, that they might be able to live when the forests should afford
no further supplies of game. They were therefore much irritated when
they found civilized settlements prohibited, in order to protect the
introduction and establishment adjoining or upon this territory of
their inveterate enemies, the Cherokees.

_Western outlet._--The indefinite outlet to the west which had been
promised the Cherokees by the President in 1818 formed the subject of
much complaint by them from time to time. In the spring of 1823[321]
they were advised that until their western boundary was established
it would be improper to make any decision upon the "outlet" question.
Two years earlier[322] it had been declared to them that in removing
settlers from "Lovely's Purchase," for the purpose of giving them their
western outlet, it must always be understood that they thereby acquired
no right to the soil, and that the Government reserved to itself the
right of making such disposition as it might think proper of all salt
springs therein. But this troublous question was definitively disposed
of when the treaty of 1828 came to be negotiated.

By the provisions of an act of Congress approved April 5, 1826,[323]
the land districts of the Territory of Arkansas were extended so as to
include all the country within the limits of that Territory as then
existing (the limits having been extended 40 miles to the west by act
of Congress of May 26, 1824),[324] with the proviso, however, that
nothing in the act should be so construed as to authorize any survey
or interference whatever upon any lands the right whereof resided
in any Indian tribes. Notwithstanding this proviso, reports became
current that surveys had been begun of "Lovely's Purchase," causing
much irritation and ill feeling among the Cherokees and eliciting an
order[325] from the Secretary of War forbidding any further surveys
until it should be finally ascertained how much land the Cherokees
were entitled to receive from the United States in pursuance of the
treaties of 1817 and 1819.

_Negotiation and conclusion of treaty of 1828._--Matters remained thus
_in statu quo_ until the spring of 1828, when a delegation of the
Western Cherokees arrived in Washington, clothed with authority to
present to the attention of the President their numerous grievances and
to adjust all matters in dispute for their people. The burden of their
complaints had relation to the delays that had occurred in fixing their
boundaries; to the failure to secure to them the promised "western
outlet;" to the adjustment of the hostilities that continued to exist
between themselves and the Osages; and to the irregularity in the
receipt of their annuities, as well as to the encroachments of white
settlers.[326]

The delegation were not clothed with authority to negotiate for
any cession or exchange of territory, the "perpetual law" against
entertaining such a proposition being still in force among them.
Notwithstanding this fact, a communication was addressed to them
from the War Department[327] desiring to be advised if they had any
objection to opening negotiations upon a basis of an exchange of land
for territory west of the west boundary of Arkansas, provided that
boundary should be removed a distance of 40 miles to the east, so as to
run from Fort Smith to the southwest corner of the State of Missouri,
and also that the Creeks should be removed from their location above
the Falls of Verdigris River to territory within the forks of the
Canadian and Arkansas Rivers. To this proposal the delegation returned
a polite but determined refusal, and demanded that the actual number of
acres to which they were entitled in Arkansas be ascertained and laid
off with exact definiteness. The whole subject of an exchange of lands
was thereupon submitted by the Secretary of War to the President for
his direction, and it was announced[328] to the visiting delegation
that the President had concluded to order a permanent western line
to be run, within which should be embraced the full quantity of land
to which they were entitled, and which was found to be, as nearly as
possible, as follows:[329]

Acres

In lieu of quantity ceded in Georgia(actual survey) 824,384

In lieu of quantity ceded in Alabama(actual survey) 738,560

In lieu of quantity ceded in Tennessee (actual survey) 1,024,000

In lieu of quantity ceded in North Carolina
(survey 70,000, estimate 630,000) 700,000

________

3,286,944

Less 12 miles square, school reservation in Alabama 92,160
________

3,194,784

As to their promised "western outlet," the President was unprepared to
say anything definite, inasmuch as that matter was then in the hands of
Congress.

From this showing it was made evident to the delegation, and no
opportunity was lost to impress the fact strongly upon them, that
if they insisted upon refusing to arrange for an exchange of lands,
instead of being entitled to a large additional tract beyond their
provisional western boundary, they would, in fact, be entitled to
several hundred thousand acres less than had already been placed in
their possession. In addition to this it was more than doubtful,
from the temper of the President and Congress, whether their long
anticipated "western outlet" would ever crystallize into anything more
tangible than a promise. With these facts staring them in the face,
with the alluring offers held out to them of double the quantity of
land possessed by them in Arkansas in exchange, with liberal promises
of assistance in their proposed new homes, and with the persistent
importunities of their agent and other United States officials, they
yielded, and the treaty of May 6, 1828,[330] an abstract of which
has been already given, was the result. It was promptly ratified and
proclaimed on the 28th of the same month.

So nervous were the members of the delegation, after the treaty had
been concluded and signed, as to the reception that would greet them
on their return home, that the Secretary of War felt the necessity of
giving them a letter of explanation to their people. In this letter the
Cherokees were advised of the integrity, good conduct, and earnest zeal
for the welfare of their nation that had invariably characterized the
actions of their delegation at Washington. The nation was assured that
their representatives had done the best thing possible for them to do
in the late treaty.[331]

Notwithstanding this testimonial, the delegation met with an angry
reception on their return home. Their lives and property were unsafe;
the national council pronounced them guilty of fraud and deception,
declared the treaty to be null and void, as having been made without
any authority, and expressed an earnest desire to send a delegation to
Washington clothed with power to arrange all differences.[332]

In the mean time Agent Duval had been advised[333] of the ratification
of the treaty, and Messrs. R. Ellis and A. Finney had been appointed,
in conjunction with him, as commissioners to value all improvements and
property abandoned by the Cherokees, and to sell the agency property as
a means of raising funds for the erection of mills in their new country.

_Survey of new boundaries._--The eastern line of this new Cherokee
country, dividing it from Arkansas, was surveyed in 1829,[334] but it
was not until April 13, 1831, that instructions were given to Isaac
McCoy to survey the remaining boundaries.

The fourth article of the treaty of 1828 contained a provision
requiring the United States to sell the property and improvements
connected with the agency for the erection of a grist and saw mill for
the use of the Indians in their new home. In lieu of this grist and saw
mill the United States furnished them with patent corn-mills to the
amount of the appraised value of the improvements. A tract in townships
7 and 8 of range 21, including these agency improvements, was surveyed
separately in 1829, and was commonly known as the "Cherokee Agency
Reservation." In after years the Cherokees claimed that they had never
been compensated for this so-called reserve and asserted that it still
belonged to them. After a dispute continuing through many years, it
was finally decided by the Secretary of the Interior, on the 28th of
June, 1878, that the reserve did not belong to the Cherokees, but that,
through the operation of the treaty with them, it became a part of the
public domain.

[Footnote 269: United States Statutes at Large, Vol. VII, p. 311.]
without delay, and to remove all white settlers and other objectionable
people living to the west of the east boundary of the Cherokee tract.

[Footnote 270: Meigs was appointed, May 15, 1801, superintendent of
Indian affairs for the Cherokee Nation and agent for the War Department
in the State of Tennessee.]

[Footnote 271: Letter of Meigs to General Wilkinson, dated Marietta,
Ohio, February 10, 1801. This letter is in reply to one received from
General Wilkinson, in which the latter, among other things, inquires if
he can in any way serve the former. Meigs replies: "I will answer these
kind inquiries truly. In the first place, I enjoy excellent health; in
the next place, I am doing what I can at farming business, endeavoring
to maintain a credible existence by industry. I have been for more than
two years one of the Territorial legislators; this, though credible,
is not profitable. My principal dependence for living is on the labor
of my own hands. I am confident, sir, you _can serve_ me, as you are
conversant with every department of the Government and may know what
places can be had and whether I am capable of being usefully employed.
I don't care what it is, whether civil or military or where situated,
provided it be an object which you shall think proper for me. I don't
know Mr. Jefferson; have always revered his character as a great and
good man. I am personally acquainted with Colonel Burr. He ascended
the river Kennebeck as a volunteer in the year 1775 and was with me
in the Mess a great part of that march to Canada. I think I have his
friendship, but he is not yet, perhaps, in a situation to assist me."
Colonel Meigs was also a member of the court-martial convened for the
trial of General Arthur St. Clair for the evacuation of Ticonderoga. He
died at his post of duty in February, 1823, as shown by a letter to the
Secretary of War from ex-Governor McMinn, dated the 22d of that month.]

[Footnote 272: May 30, 1820.]

[Footnote 273: Letter of Secretary of War to Attorney-General, July,
26, 1820.]

[Footnote 274: August 12, 1820.]

[Footnote 275: August 14, 1820.]

[Footnote 276: March 7, 1821.]

[Footnote 277: American State Papers, Public Lands, Vol. I, p. 125.]

[Footnote 278: January 7, 1822.]

[Footnote 279: June 15, 1822.]

[Footnote 280: August 24, 1822.]

[Footnote 281: November 19, 1822.]

[Footnote 282: March 17, 1823.]

[Footnote 283: February, 1823.]

[Footnote 284: March 17, 1823.]

[Footnote 285: Report of commissioners on file in Office Indian
Affairs.]

[Footnote 286: See correspondence between commissioners and Cherokee
council. American State Papers, Indian Affairs, Vol. II, pp. 465-473.]

[Footnote 287: October 28, 1823.]

[Footnote 288: January 19, 1824. This memorial is signed by John
Ross, George Lowrey, Major Ridge, and Elijah Hicks, as the Cherokee
delegation.]

[Footnote 289: January 30, 1824.]

[Footnote 290: February 17, 1824.]

[Footnote 291: February 28, 1824.]

[Footnote 292: Letter of Georgia delegation to Congress, March 10,
1824. Memorial of Georgia legislature to Congress, December 18, 1823.]

[Footnote 293: March 30, 1824.]

[Footnote 294: March 29, 1824.]

[Footnote 295: This Creek war was in large measure, if not wholly,
superinduced by the unlawful and unjust aggressions by citizens of that
State upon the rights and territory of the Creeks. Foreign emissaries,
however, it is true, encouraged and inflamed the just indignation of
the Creeks against the Georgians to the point of armed resistance.]

[Footnote 296: May 3, 1824.]

[Footnote 297: April 16, 1824.]

[Footnote 298: April 24, 1824.]

[Footnote 299: February 5, 1827.]

[Footnote 300: Letter of Rev. David Brown to Thomas L. McKenney,
December 13, 1825.]

[Footnote 301: United States Statutes at Large, Vol. IV, p. 217.]

[Footnote 302: March 13, 1827.]

[Footnote 303: June 4, 1828.]

[Footnote 304: January 26, 1828.]

[Footnote 305: March 20, 1828.]

[Footnote 306: April 20, 1820.]

[Footnote 307: Letter of Governor Miller, of Arkansas, to Secretary of
War, June 20, 1820.]

[Footnote 308: Letter of Secretary of War to Maj. William Bradford,
July 21, 1821.]

[Footnote 309: Letter of Secretary of War to Governor Miller, of
Arkansas, November 6, 1822.]

[Footnote 310: October 8, 1821, Governor Miller was instructed by
the Secretary of War to remove the Cherokees from lands south of the
Arkansas, but its execution was deferred several years pending the
establishment of the Cherokee boundaries.]

[Footnote 311: Secretary of War to Arkansas Cherokee delegation in
Washington, February 12, 1823.]

[Footnote 312: March 3, 1824.]

[Footnote 313: Indian Office to Cherokee delegation of Arkansas, March
13, 1824, and Secretary of War to Governor Crittenden, of Arkansas,
April 28, 1824.]

[Footnote 314: Secretary of War to Governor Crittenden, of Arkansas,
April 28, 1824.]

[Footnote 315: Indian Office to Agent E. W. Duval, Little Rock,
Arkansas, July 8, 1824.]

[Footnote 316: July 8, 1824.]

[Footnote 317: Secretary of War to Governor Izard, of Arkansas, April
16, 1825.]

[Footnote 318: See map on file in Indian Office.]

[Footnote 319: May, 1825.]

[Footnote 320: In a letter from Agent Meigs to the Secretary of War,
dated June 2, 1817, Major Lovely is spoken of as having been agent
residing with the Cherokees on the Arkansas. He had been an officer of
the Virginia line throughout the Revolution and participated in the
capture of Burgoyne. He had lived some time in the family of President
Madison's father, and went to Tennessee at an early day, whence (after
living many years among the Cherokees) he removed with the emigrant
party to the Arkansas. In a letter to the Hon. John Cocke from the
Secretary of War, December 15, 1826, it is, however, stated that Major
Lovely was a factor or trader in the Arkansas country, who took an
active part in the preliminary negotiations that led finally to the
conclusion of the treaty with the Osages of September 25, 1818. It
also appears from the same letter that the estimated area of Lovely's
purchase was 7,392,000 acres, and that when the west boundary line of
the Cherokees was run, in 1825, it was found that 200 square miles of
Lovely's purchase were included within its limits.]

[Footnote 321: Secretary of War to Arkansas Cherokee delegation in
Washington, February 12, 1823.]

[Footnote 322: Secretary of War to Arkansas Cherokee delegation in
Washington, October 8, 1821.]

[Footnote 323: United States Statutes at Large, Vol. IV, p. 153.]

[Footnote 324: United States Statutes at Large, Vol. IV, p. 40.]

[Footnote 325: April 3, 1827.]

[Footnote 326: Letter of T. L. McKenney to Secretary of War, March 18,
1828.]

[Footnote 327: March 27, 1828.]

[Footnote 328: April 11, 1828.]

[Footnote 329: The areas here given by the State authorities were
largely below the quantity actually contained within the limits of the
cessions within the States of Georgia, North Carolina, and Tennessee,
as will be seen by a glance at the table of such areas on page 378.]

[Footnote 330: United States Statutes at Large, Vol. VII, p. 311.]

[Footnote 331: Letter of Secretary of War to Western Cherokee
delegation. May 17, 1828.]

[Footnote 332: Letter of Sub-Agent Brearly to Secretary of War,
September 27, 1828.]

[Footnote 333: May 28, 1828.]

[Footnote 334: Letter of T. L. McKenney to Secretary of War, January
21, 1830.]

TREATY CONCLUDED FEBRUARY 14, 1833.--PROCLAIMED APRIL 12, 1834.[335]

_Held at Fort Gibson, on the Arkansas River, between Montfort
Stokes, Henry L. Ellsworth, and John F. Schermerhorn, commissioners
on the part of the United States, and the chiefs and headmen of the
Cherokee Nation of Indians west of the Mississippi._

MATERIAL PROVISIONS.

It having been ascertained that the territory assigned to the
Cherokees by the treaty of May 6, 1828, conflicted with a portion
of the territory selected by the Creek Nation in conformity with
the provisions of the Creek treaty of January 24, 1826, and the
representative men of those two nations having met each other in
council and adjusted all disputes as to boundaries, the United States,
in order to confirm this adjustment, concluded the following articles
of treaty and agreement with the Cherokees:

1. The United States agree to possess the Cherokees, and to guarantee
it to them forever, * * * of seven millions of acres of land, to be
bounded as follows, viz: Beginning at a point on the old western
Territorial line of Arkansas Territory, being twenty-five miles north
from the point where the Territorial line crosses Arkansas River;
thence running from said north point south on the said Territorial line
to the place where said Territorial line crosses the Verdigris River;
thence down said Verdigris River to the Arkansas River; thence down
said Arkansas River to a point where a stone is placed opposite to the
east or lower bank of Grand River at its junction with the Arkansas;
thence running south forty-four degrees west one mile; thence in a
straight line to a point four miles northerly from the mouth of the
North Fork of the Canadian; thence along the said four miles line to
the Canadian; thence down the Canadian to the Arkansas; thence down
the Arkansas to that point on the Arkansas where the eastern Choctaw
boundary strikes said river, and running thence with the western line
of Arkansas Territory, as now defined, to the southwest corner of
Missouri; thence along the western Missouri line to the land assigned
to the Senecas; thence on the south line of the Senecas to Grand River;
thence up said Grand River as far as the south line of the Osage
Reservation, extended if necessary; thence up and between said south
Osage line, extended west if necessary, and a line drawn due west from
the point of beginning, to a certain distance west at which a line
running north and south from said Osage line to said due-west line will
make seven millions of acres within the whole described boundaries.

In addition to the seven millions of acres of land thus provided for
and bounded, the United States further guarantee to the Cherokee Nation
a perpetual outlet west, and a free and unmolested use of all the
country lying west of the western boundary of said seven millions of
acres, as far as the sovereignty of the United States and their right
of soil extend: _Provided, however_, That if the saline or salt plain
on the great western prairie shall fall within said limits prescribed
for said outlet, the right is reserved to the United States to permit
other tribes of red men to get salt on said plain in common with the
Cherokees. And letters patent shall be issued by the United States as
soon as practicable for the land hereby guaranteed.

2. The Cherokees relinquish to the United States all claim to all land
ceded or claimed to have been ceded to them by treaty of May 6, 1828,
not embraced within the limits fixed in this present supplementary
treaty.

3. The United States agree to cancel, at the request of the Cherokees,
the sixth article of the treaty of May 6, 1828.

4. The United States agree to furnish the Cherokees, during the
pleasure of the President, four blacksmith's shops, one wagon-maker's
shop, one wheelwright's shop, and necessary tools, implements, and
material for the same; also four blacksmiths, one wagon-maker, and one
wheelwright; also eight patent railway corn-mills, in lieu of those
agreed to be furnished by article 4 of the treaty of May 6, 1828.

5. These articles are supplementary to the treaty of May 6, 1828.

6. One mile square to be set apart for the accommodation of the
Cherokee Agency, to be selected jointly by the Cherokee Nation and
United States agent.

7. This treaty to be obligatory after ratification by the President and
Senate.

HISTORICAL DATA.

CONFLICTING LAND CLAIMS OF CREEKS AND CHEROKEES WEST OF THE MISSISSIPPI.

The treaty of January 24, 1826,[336] with the Creek Indians had
provided for the removal of that tribe west of the Mississippi. In
accordance with its provisions, a delegation consisting of five
representative men of the tribe proceeded to the western country and
selected the territory designed for their future occupancy. The year
following this selection a party of Creeks removed to and settled
thereon. The country thus selected and occupied lay along and between
the Verdigris, Arkansas, and Canadian Rivers.[337]

Subsequently, on the 6th day of May, 1828,[338] a treaty was concluded
with the Cherokee Nation west of the Mississippi, by the terms of which
they ceded all their lands within the present limits of Arkansas and
accepted a tract of 7,000,000 acres within the present limits of Indian
Territory, in addition to a perpetual outlet extending as far west as
the western limits of the United States at that time, being the one
hundredth meridian of longitude west from Greenwich.

This new assignment of territory to the Cherokees, it was soon found,
included a considerable portion of the lands selected by and already in
the possession of the Creeks.

The discovery of this fact produced much excitement and ill feeling
in the minds of the people of both tribes, and led to many acts of
injustice and violence during the course of several years.

_Territorial difficulties adjusted._--In the year 1832 a commission
was constituted, consisting of Montfort Stokes, Henry L. Ellsworth,
and John F. Schermerhorn, with instructions to visit the country west
of the Mississippi and to report fully all information relating to
the country assigned as a permanent home to the aborigines. Among the
formidable difficulties presented for and earnestly urged upon their
attention and consideration were these conflicting territorial claims
of the Creeks and the Cherokees. Both parties claimed several million
acres of the same land under treaty stipulations; both were equally
persuaded of the justice of their respective claims, and at first were
unyielding in their dispositions.

After a protracted public council, however, in which a careful
examination and exposition of the various treaties was made, the
commissioners succeeded in inducing the Creeks to accept other lands
to the southward of their upper settlements on Verdigris River,[339]
and concluded treaties with both the Creeks and the Cherokees modifying
their respective boundaries.

This treaty of February 14, 1833, with the latter tribe occasioned a
material change in the boundaries previously assigned them.

Instead of following the western line of Arkansas and Missouri as far
north as the point where the Grand or Neosho River crosses the boundary
of the latter State, and running from thence due west to a point due
north of the old western boundary line of Arkansas Territory, and
thence south to the Arkansas River, the new line followed the present
western boundary of Arkansas and Missouri as far north as the south
line of the territory then recently assigned to the Senecas; thence
west along the south line of the Senecas to Grand River, and following
up Grand River to the south boundary of the Osage reservation, which
was parallel with the present southern boundary of Kansas, and on the
average about two miles to the north of it; thence west for quantity.

PURCHASE OF OSAGE HALF-BREED RESERVES.

Prior[340] to the conclusion of this treaty of 1833, a delegation of
the Western Cherokees had visited Washington to insist upon a literal
fulfillment of the treaty of 1828 and especially to demand that they
be possessed of all lands and improvements within the outboundaries
of their country as defined by the last named treaty. The lands and
improvements alluded to were seven reservations of one section each on
the Neosho River assigned to certain half-breed Osage Indians by the
terms of the treaty of 1825[341] with that tribe.

Although the treaty of 1833 failed to make provision for the
extinguishment of these Osage half-breed titles, the desired object was
attained by the terms of the fourth article of the treaty of December
29, 1835, wherein $15,000 were appropriated for the purchase.[342]

PRESIDENT JACKSON REFUSES TO APPROVE THE TREATY OF 1834.

On the 10th of February, 1834, George Vashon, agent for the Western
Cherokees, negotiated a treaty with them[343] having in view an
adjustment of certain differences between themselves and their eastern
brethren, whereby the feelings of the latter should be more favorably
affected toward an emigration to the western country. The treaty
provided for a readjustment of the tribal annuities proportioned to
the respective numbers of the Cherokees east and west, the basis
of division to be ascertained by an accurate census. The country
provided for the Cherokees by the treaty of 1833 was to be enlarged
so that it should equal in quantity, acre for acre, the country ceded
by the Cherokees east in 1817 and 1819, as well as the proportional
quantity of those who should agree to emigrate to the West under the
provisions of this treaty. It was also agreed that all Cherokees should
possess equal rights in the new country, and that an asylum should be
established for the maintenance of the orphan children of the tribe.
The negotiations thus entered into were, however, barren of results,
inasmuch as President Jackson refused to recommend the treaty to the
Senate for the advice and consent of that body.[344]

[Footnote 335: United States Statutes at Large, Vol. VII, p. 414.]

[Footnote 336: United States Statutes at Large, Vol. VII, p. 286.]

[Footnote 337: See Creek treaty of 1833, United States Statutes at
Large, Vol. VII, p. 417.]

[Footnote 338: United States Statutes at Large, Vol. VII, p. 311.]

[Footnote 339: See preamble to Creek treaty of February 14, 1833,
United States Statutes at Large, Vol. VII, p. 417.]

[Footnote 340: In March, 1832.]

[Footnote 341: United States Statutes at Large, Vol. VII, p. 240.]

[Footnote 342: United States Statutes at Large, Vol. VII, p. 478.]

[Footnote 343: See Indian Office files.]

[Footnote 344: See Indian Office records.]

TREATY CONCLUDED DECEMBER 29, 1835; PROCLAIMED MAY 23, 1836.

_Held at New Echota, Georgia, between General William Carroll
and John F. Schermerhorn, commissioners on the part of the United
States, and the chiefs, headmen, and people of the Cherokee tribe
of Indians.[345]_

MATERIAL PROVISIONS.

The preamble recites at considerable length the reasons for the
negotiation of the treaty and the preliminary steps taken, following
which the provisions of the treaty as concluded are given.

1. The Cherokee Nation cedes to the United States all the land claimed
by said Nation east of the Mississippi River, and hereby releases all
claims on the United States for spoliations of every kind for and in
consideration of $5,000,000. In case the United States Senate should
decide that this sum does not include spoliation claims, then $300,000
additional should be allowed for that purpose.

2. The description of the 7,000,000 acres of land guaranteed to the
Cherokees west of the Mississippi by the treaties of 1828 and 1833 is
repeated, and in addition thereto the further guaranty is made to the
Cherokee Nation of a perpetual outlet west, and a free and unmolested
use of all the country west of the western boundary of said 7,000,000
acres, as far west as the sovereignty of the United States and their
right of soil extend, provided that if the salt plain shall fall within
the limits of said outlet the right is reserved to the United States to
permit other tribes of Indians to procure salt thereon. "And letters
patent shall be issued by the United States as soon as practicable for
the land hereby guaranteed."

It being apprehended that the above would afford insufficient land for
the Cherokees, the United States, in consideration of $500,000, agree
to patent to them in fee simple the following additional tract, viz:
Beginning at the southeast corner of the Osage Reservation, and running
north along the east line of the Osage lands 50 miles to the northeast
corner thereof, thence east to the west line of the State of Missouri,
thence with said line south 50 miles, thence west to the place of
beginning, estimated to contain 800,000 acres, it being understood that
if any of the Quapaw lands should fall within these limits they should
be excepted.

3. All the foregoing described lands to be included in one patent,
under the provisions of the act of May 28, 1830; the United States
to retain possession of the Fort Gibson military reservation until
abandoned, when it shall revert to the Cherokees. The United States
reserve the right to establish post and military roads and forts in any
part of the Cherokee country.

4. The United States agree to extinguish for the Cherokees the Osage
half-breed titles to reservations under the treaty of 1825 for the
sum of $15,000. The United States agree to pay to the American Board
of Commissioners for Foreign Missions the appraised value of their
improvements at Union and Harmony missions.

5. The United States agree that the land herein guaranteed to the
Cherokees shall never, without their consent, be included within the
limits or jurisdiction of any State or Territory. The United States
also agree to secure them the right to make and carry into effect such
laws as they deem necessary, provided they shall not be inconsistent
with the Constitution of the United States and such acts of Congress
as provide for the regulation of trade and intercourse with the Indian
tribes; and provided also they shall not affect such citizens and army
of the United States as may travel or reside in the Indian country by
permission granted under the laws or regulations thereof.

6. Perpetual peace shall exist between the United States and the
Cherokees. The United States shall protect the Cherokees from domestic
strife, foreign enemies, and from war with other tribes, as well as
from the unlawful intrusion of citizens of the United States. The
Cherokees shall endeavor to maintain peace among themselves and with
their neighbors.

7. The Cherokees shall be entitled to a delegate in the United States
House of Representatives whenever Congress shall make provision for the
same.

8. The United States agree to remove the Cherokees to their new home
and to provide them with one year's subsistence thereafter. Those
desiring to remove themselves shall be allowed a commutation of $20 per
head therefor, and, if they prefer it, a commutation of $33-1/3 per
head in lieu of the one year's promised subsistence. Cherokees residing
outside the limits of the nation who shall remove within two years to
the new Cherokee country shall be entitled to the same allowances as
others.

9. The United States agree to make an appraisement of the value of all
Cherokee improvements and ferries. The just debts of the Indians shall
be paid out of any moneys due them for improvements and claims. The
Indians shall be furnished with sufficient funds for their removal, and
the balance of their dues shall be paid them at the Cherokee Agency
west of the Mississippi. Missionary establishments shall be appraised
and the value paid to the treasurers of the societies by whom they were
established.

10. The President of the United States shall invest in good
interest-paying stocks the following sums for the benefit of the
Cherokee people, the interest thereon only to be expended: $200,000,
in addition to their present annuities, for a general national fund;
$50,000 for an orphans' fund; $150,000, in addition to existing school
fund, for a permanent national school fund: the disbursement of the
interest on the foregoing funds to be subject to examination and any
misapplications thereof to be corrected by the President of the United
States.

On two years' notice the Cherokee council may withdraw their funds,
by the consent of the President and the United States Senate, and
invest them in such manner as they deem proper. The United States
agree to appropriate $60,000 to pay the just debts and claims against
the Cherokee Nation held by citizens of the same, and also claims of
citizens of the United States for services rendered the nation. Three
hundred thousand dollars is appropriated by the United States to
liquidate Cherokee claims against the United States for spoliations of
every kind.

11. The Cherokees agree to commute their existing permanent annuity
of $10,000 for the sum of $214,000, the same to be invested by the
President as a part of the general fund of the nation. Their present
school fund shall also constitute a portion of the permanent national
school fund.

12. Such Cherokees as are averse to removal west of the Mississippi and
desire to become citizens of the States where they reside, if qualified
to take care of themselves and their property, shall receive their
proportion of all the personal benefits accruing under this treaty for
claims, improvements, and per capita.

Such heads of Cherokee families as desire to reside within the States
of North Carolina, Tennessee, and Alabama, subject to the laws
thereof and qualified to become useful citizens, shall be entitled
to a pre-emption right of 160 acres at the minimum Congress price,
to include their improvements. John Ross and eleven others named are
designated as a committee on the part of the Cherokees to recommend
persons entitled to take pre-emption rights, to select the missionaries
who shall be removed with the nation, and to transact all business that
may arise with the United States in carrying the treaty into effect.
One hundred thousand dollars shall be expended by the United States for
the benefit of such of the poorer classes of Cherokees as shall remove
west.

13. All Cherokees and their heirs to whom reservations had been made by
any previous treaty, and who had not sold or disposed of the same, such
reservations being subsequently sold by the United States should be
entitled to receive the present value thereof from the United States as
unimproved lands. All such reservations not sold were to be confirmed
to the reservees or their heirs. All persons entitled to reservations
under treaty of 1817, whose reservations, as selected, were included by
the treaty of 1819 in the unceded lands of the Cherokee Nation, shall
be entitled to a grant for the same. All reservees who were obliged by
the laws of the States in which their reservations were situated to
abandon the same or purchase them from the States, shall be deemed to
have a just claim against the United States for the value thereof or
for the amount paid therefor, with interest. The amount allowed for
reservations under this article is to be paid independently, and not
out of the consideration allowed to the Cherokees for spoliation claims
and their cession of lands.

14. Cherokee warriors wounded in the service of the United States
during the late war with Great Britain and the southern tribes of
Indians shall be allowed such pensions as Congress shall provide.

15. The balance of the consideration herein stated, after deducting
the amount actually expended for improvements, ferries, claims,
spoliations, removal, subsistence, debts, and claims upon the Cherokee
Nation, additional quantity of lands, goods for the poorer class of
Cherokees, and the several sums to be invested for the general national
funds, shall be divided equally among all the people belonging to the
Cherokee Nation east, according to the census just completed. Certain
Cherokees who had removed west since June, 1833, were to be paid for
their improvements.

16. The Cherokees stipulate to remove west within two years from the
ratification of this treaty, during which time the United States shall
protect them in the possession and enjoyment of their property, and in
case of failure to do so shall pay all losses and damages sustained by
them in consequence thereof.

The United States and the several States interested in the Cherokee
lands shall immediately proceed to survey the lands ceded by this
treaty, but the agency buildings and tract of land surveyed and laid
off for the use of Col. R. J. Meigs, Indian agent, shall continue
subject to the control of the United States or such agent as may be
specially engaged in superintending the removal of the tribe.

17. All claims arising under or provided for in this treaty shall
be examined and adjudicated by General William Carroll and John F.
Schermerhorn, or by such commissioners as shall be appointed by the
President of the United States for that purpose, and their decision
shall be final, and the several claimants shall be paid on their
certificate by the United States. All stipulations of former treaties
not superseded or annulled by this treaty shall continue in force.

18. The annuities of the nation which may accrue during the next two
years preceding their removal shall, on account of the failure of
crops, be expended in provision and clothing for the benefit of the
poorer classes of the nation as soon after the ratification of this
treaty as an appropriation shall be made. So interference is, however,
intended with that part of the annuities due the Cherokees west under
the treaty of 1819.

19. This treaty is to be obligatory after ratification.

20. The United States guarantee the payment of all unpaid just claims
upon the Indians, without expense to them, out of the proper funds of
the United States for the settlement of which a cession or cessions
of land has or have been heretofore made by the Indians in Georgia,
provided the United States or State of Georgia has derived benefit
therefrom without having made payment therefor.

This article was inserted by unanimous request of the Cherokee
committee after the signing of the treaty, it being understood that
its rejection by the Senate of the United States should not impair any
other article of the treaty.

On the 31st of December, 1835, James Rogers and John Smith, as
delegates from the Western Cherokees, signed an agreement which is
attached to the treaty wherein they agreed to its provisions on behalf
of the Western Cherokees, with the proviso that it should not affect
any claims of the latter against the United States.

[Footnote 345: United States Statutes at Large, Vol. VII, p. 478.]

SUPPLEMENTARY ARTICLES TO FOREGOING TREATY, CONCLUDED MARCH 1, 1836;
PROCLAIMED MAY 23, 1836.[346]

_Agreed on between John F. Schermerhorn, commissioner on the
part of the United States, and the committee duly authorized at
a general council held at New Echota, Georgia, to act for and on
behalf of the Cherokee people._

MATERIAL PROVISIONS.

These articles were concluded as supplementary to the treaty of
December 29, 1835, and were ratified at the same time and as a part
of that treaty. They were rendered necessary by the determination of
President Jackson not to allow any pre-emptions or reservations, his
desire being that the whole Cherokee people should remove together to
the country west of the Mississippi.

1. All pre-emption rights and reservations provided for in articles 12
and 13 are declared void.

2. The Cherokees having supposed that the sum of $5,000,000, fixed
as the value of Cherokee lands, did not include the amount required
to remove them, nor the value of certain claims held by them against
citizens of the United States, and the President being willing that the
subject should be referred to the Senate of the United States for any
further provision that body should deem just.

3. It is agreed, should it receive the concurrence of that body, to
allow the Cherokees the sum of $600,000, to include the expenses
of removal and all claims against the United States not otherwise
specifically provided for, and to be in lieu of the aforesaid
reservations and pre-emptions and of the $300,000 for spoliations
provided in article 1 of the original treaty to which this is
supplementary. This sum of $600,000 shall be applied and distributed
agreeably to the provisions of said treaty, the surplus, if any, to
belong to the education fund.

4. The provision of article 16 concerning the agency reservations is
not intended to interfere with the occupant right of any Cherokees
whose improvements may fall within the same.

The $100,000 appropriated in article 12 for the poorer class of
Cherokees, and intended as a set-off to the pre-emption rights, shall
now be added to the general national fund of $400,000.

5. The expenses of negotiating the treaty and supplement and of such
persons of the Cherokee delegation as may sign the same shall be
defrayed by the United States.

NOTE.--The following amendments were made by the United States Senate:
In article 17 strike out the words "by General William Carroll and
John F. Schermerhorn, or;" also, in the same article, after the word
"States," insert "by and with the advice and consent of the Senate of
the United States;" and strike out the 20th article, which appears as a
supplemental article.

HISTORICAL DATA.

ZEALOUS MEASURES FOR REMOVAL OF EASTERN CHEROKEES.

While the events connected with the negotiation and the execution of
the treaty of 1828 with the Western Cherokees were occurring those
Cherokees who yet remained in their old homes east of the Mississippi
River were burdened with a continually increasing catalogue of
distressing troubles. So soon as the treaty of 1828 was concluded it
was made known to them that inducements were therein held out for a
continuance of the emigration to the Arkansas country. Agent Montgomery
was instructed[347] to use every means in his power to facilitate this
scheme of removal, and especially among those Cherokees who resided
within the chartered limits of Georgia.

Secret agents were appointed and $2,000 were authorized by the
Secretary of War to be expended in purchasing the influence of the
chiefs in favor of the project.[348] A. R. S. Hunter and J. S. Bridges
were appointed[349] commissioners to value the improvements of the
Cherokees who should elect to remove.

After nearly a year of zealous work in the cause, Agent Montgomery
was only able to report the emigration of four hundred and thirty-one
Indians and seventy-nine slaves, comparatively few of whom were from
Georgia.[350] Nine months later three hundred and forty-six persons had
emigrated from within the limits of that State.[351] The hostility
manifested by the larger proportion of the Cherokees toward those who
gave favorable consideration to the plan of removal was so great as to
require the establishment of a garrison of United States troops within
the nation for their protection.[350]

_President Jackson's advice to the Cherokees._--Early in 1829,[352]
a delegation from the nation proceeded to Washington to lay their
grievances before President Jackson, but they found the Executive
entertaining opinions about their rights very different from those
which had been held by his predecessors. They were advised[353] that
the answer to their claim of being an independent nation was to be
found in the fact that during the Revolutionary war the Cherokees were
the allies of Great Britain, a power claiming entire sovereignty of
the thirteen colonies, which sovereignty, by virtue of the Declaration
of Independence and the subsequent treaty of 1783, became vested
respectively in the thirteen original States, including North Carolina,
and Georgia. If they had since been permitted to abide on their
lands, it was by permission, a circumstance giving no right to deny
the sovereignty of those States. Under the treaty of 1785 the United
States "give peace to all the Cherokees and receive them into favor and
protection." Subsequently they had made war on the United States, and
peace was not concluded until 1791. No guarantee, however, was given by
the United States adverse to the sovereignty of Georgia, and none could
be given. Their course in establishing an independent government within
the limits of Georgia, adverse to her will, had been the cause of
inducing her to depart from the forbearance she had so long practiced,
and to provoke the passage of the recent[354] act of her legislature,
extending her laws and jurisdiction over their country. The arms of
the United States, the President remarked, would never be employed to
stay any State of the Union from the exercise of the legitimate powers
belonging to her in her sovereign capacity. No remedy for them, could
be perceived except removal west of the Mississippi River, where alone
peace and protection could be afforded them. To continue where they
were could promise nothing but interruption and disquietude. Beyond the
Mississippi the United States, possessing the sole sovereignty, could
say to them that the land should be theirs while trees grow and water
runs.

The delegation were much cast down by these expressions of the
President, but they abated nothing of their demand for protection
in what they considered to be the just rights of their people. They
returned to their country more embittered than before against the
Georgians, and lost no opportunity, by appeals to the patriotism as
well as to the baser passions of their countrymen, to excite them to a
determination to protect their country at all hazards against Georgian
encroachment and occupation.[355]

GENERAL CARROLL'S REPORT ON THE CONDITION OF THE CHEROKEES.

About this time[356] General William Carroll was designated by the
President to make a tour through the Cherokee and Creek Nations, with
both of which he was supposed to possess much influence. His mission
was to urge upon them, and especially upon the former, the expediency
of their removal west of the Mississippi under the inducements held
out by the treaty of 1828. A month later[357] Col. E. F. Tatnall and
on the 8th of July General John Coffee were appointed to co-operate
with General Carroll in the accomplishment of his mission. The results
of this tour were communicated[358] to the War Department by General
Carroll in a report in which he remarked that nothing could be done
with the Cherokees by secret methods; they were too intelligent and too
well posted on the current news of the day to be long kept in ignorance
of the methods and motives of those who came among them. He had met
their leading men at Newtown and had submitted a proposal for their
removal which was peremptorily rejected. The advancement the Cherokees
had made in religion, morality, general information, and agriculture
had astonished him beyond measure. They had regular preachers in their
churches, the use of spirituous liquors was in great degree prohibited,
their farms were worked much after the manner of white people, and were
generally in good order. Many families possessed all the comforts and
some of the luxuries of life. Cattle, sheep, hogs, and fowl of every
kind were found in great abundance. The Cherokees had been induced by
Eastern papers to believe the President was not sustained by the people
in his views of their proposed removal. Eastern members of Congress had
given their delegation to understand while in Washington the preceding
spring that the memorial left by them protesting against the extension
of the laws of Georgia and Alabama over Cherokee territory would be
sustained by Congress, and that until that memorial had been definitely
acted on by that body all propositions to them looking toward removal
would be worse than useless.

_Cherokees refuse to cede lands in North Carolina._--In the early
summer of 1829[359] a commission had also been appointed, consisting of
Humphrey Posey and a Mr. Saunders, having in view the purchase from the
Cherokees of that portion of their country within the limits of North
Carolina, but it, too, failed wholly of accomplishing its purpose.

_Coercive measures of the United States and Georgia._--Sundry
expedients were resorted to, both by the General Government and by the
authorities of Georgia, to compel the acquiescence of the Indians in
the demands for their emigration.

The act of the Georgia legislature of December 20, 1828, already
alluded to, was an act "to add the territory within this State and
occupied by the Cherokee Indians to the counties of De Kalb _et
al._, and to extend the laws of this State over the same." This was
followed[360] by the passage of an act reasserting the territorial
jurisdiction of Georgia and annulling all laws made by the Cherokee
Indians. It further declared that in any controversy arising between
white persons and Indians the latter should be disqualified as
witnesses. Supplementary legislation of a similar character followed in
quick succession, and the proclamation of the governor of the State was
issued on the 3d of June, 1830, declaring the arrival of the date fixed
by the aforesaid acts and the consequent subjection of the Cherokee
territory to the State laws and jurisdiction.[361]

The President of the United States about the same time gave
directions[362] to suspend the enrollment and removal of Cherokees to
the west in small parties, accompanied by the remark that if they (the
Cherokees) thought it for their interest to remain, they must take the
consequences, but that the Executive of the United States had no power
to interfere with the exercise of the sovereignty of any State over and
upon all within its limits. The President also directed[363] that the
previous practice of paying their annuities to the treasurer of the
Cherokee Nation should be discontinued, and that they be thereafter
distributed among the individual members of the tribe. Orders were
shortly after[364] given to the commandant of troops in the Cherokee
country to prevent _all persons_, including members of the tribe,
from opening up or working any mineral deposits within their limits.
All these additional annoyances and restrictions placed upon the free
exercise of their supposed rights, so far from securing compliance with
the wishes of the Government, had a tendency to harden the Cherokee
heart.

FAILURE OF COLONEL LOWRY'S MISSION.

In this situation of affairs Col. John Lowry was appointed[365] a
special commissioner to visit the Cherokee Nation and again lay before
them a formal proposition for their removal west. The substance of Mr.
Lowry's proposal as communicated by him to their national council[366]
was: (1) To give to the Cherokees a country west of the Mississippi,
equal in value to the country they would leave; (2) each warrior and
widow living within the limits of Alabama or Tennessee was to be
permitted, if so desiring, to select a reservation of 200 acres, which,
if subsequently abandoned, was to be sold for the reservee's benefit;
(3) each Indian desiring to become a citizen of the United States was
to have a reservation in fee-simple; (4) all emigrants were to be
removed and fed one year at the expense of the United States, and to be
compensated for all property, except horses, they should leave behind
them, and, (5) the nation was to be provided with a liberal school fund.

Again the result was an emphatic refusal[367] on the part of the
Cherokees to enter into negotiations on the subject. Other special
commissioners and emissaries, of whom several were appointed in the
next few months, met with the same reception.

DECISION OF THE SUPREME COURT IN CHEROKEE NATION VS. GEORGIA.

Determined to test the constitutionality of the hostile legislation
of Georgia, application was made at the January term, 1831, of the
Supreme Court of the United States, by John Ross, as principal chief,
in the name of the Cherokee Nation, for an injunction against the
State of Georgia. The application was based on the theory that the
Cherokee Nation was a sovereign and independent power in the sense
of the language of the second section of the third article of the
Constitution of the United States providing for judicial jurisdiction
of cases arising between a State, or the citizens thereof, and foreign
states, citizens, or subjects. The majority of the court declared that
the Cherokee Nation was not a foreign nation in the sense stated in the
Constitution, and dismissed the suit for want of jurisdiction. From
this decision, however, Justices Thompson and Story dissented.[368]

FAILURE OF MR. CHESTER'S MISSION.

No further formal attempt was made to secure a compliance with the
wishes of the Government until the winter and spring of 1831-'32. A
delegation of Cherokees had visited Washington in the interests of
their people, and though nothing was accomplished through them, the
language used by some members of the delegation had led the Government
authorities to hope that a change of sentiment on the subject of
removal was rapidly taking place in their minds. In pursuance of
this impression the Secretary of War, in the spring of 1832,[369]
intrusted Mr. E. W. Chester with a mission to the Cherokees, and with
instructions to offer them as a basis for the negotiation of a treaty
the following terms:

1. The United States to provide them with a country west of Arkansas
sufficiently large for their accommodation.

2. This country to be conveyed to them by patent under the act of
Congress of May 28, 1830, and to be forever outside the limits of any
State or Territory.

3. The Cherokees to retain and possess all the powers of
self-government consistent with a supervisory authority of Congress.

4. To have an agent resident in Washington to represent their interest,
who should be paid by the United States.

5. With the consent of Congress they should be organized as a Territory
and be represented by a delegate in that body.

6. All white persons should be excluded from their country.

7. The United States to remove them to their new country and to pay the
expenses of such removal, which might be conducted in either of three
ways, viz:

(_a_) By a commutation in money, to be allowed either individuals or
families.

(_b_) By persons to be appointed and paid by the United States.

(_c_) By arrangement among themselves, through which some competent
person should remove them at a fixed rate.

8. The United States to provide them with subsistence for one year
after removal.

9. An annuity to be secured to them proportioned to the value of the
cession of territory they should make.

10. The United States to pay for all Indian improvements upon the ceded
land.

11. Provision to be made for the support of schools, teachers,
blacksmiths and their supplies, mills, school-houses, churches,
council-houses, and houses for the principal chiefs.

12. A rifle to be presented to each adult male, and blankets, axes,
plows, hoes, spinning-wheels, cards, and looms to each family.

13. Indian live stock to be valued and paid for by the United States.

14. Annuities under former treaties to be paid to them upon their
arrival west of the Mississippi.

15. Provision to be made by the United States for Cherokee orphan
children.

16. Protection to be guaranteed to the Cherokees against hostile
Indians.

17. A few individual reservations to be permitted east of the
Mississippi, but only on condition that the reservees shall become
citizens of the State in which they reside, and that all reservations
between them and the United States, founded upon their previous
circumstances as Indians, must cease.

_Cherokees contemplate removal to Columbia River._--In the discussion
of these propositions the fact was developed that a project had been
canvassed, and had received much favorable consideration among the
Cherokees themselves (in view of the difficulties and harassing
circumstances surrounding their situation), to abandon their eastern
home and to remove to the country adjacent to the mouth of the
Columbia River, on the Pacific coast. This proposition having reached
the ears of the Secretary of War, he made haste, in a letter to Mr.
Chester,[370] to discourage all idea of such a removal, predicated
upon the theory that they would be surrounded by tribes of hostile
savages, and would be too remote from the frontier and military posts
of the United States to enable the latter to extend to them the arm of
protection and support.

Nothing was accomplished by the negotiations of Mr. Chester, and in
the autumn[371] of the same year Governor Lumpkin, of Georgia, was
requested to attend the Cherokee council in October and renew the
proposition upon the same basis. A similar fate attended this attempt.

DECISION OF SUPREME COURT IN WORCESTER VS. GEORGIA.

Among other laws passed by the State of Georgia was one that went into
effect on the 1st of February, 1831, which prohibited the Cherokees
from holding councils, or assembling for any purpose; provided for a
distribution of their lands among her citizens; required all whites
residing in the Cherokee Nation within her chartered limits to take an
oath of allegiance to the State, and made it an offense punishable by
four years' imprisonment in the penitentiary to refuse to do so. Under
this law two missionaries, Messrs. Worcester and Butler, were indicted
in the superior court of Gwinnett County for residing without license
in that part of the Cherokee country attached to Georgia by her laws
and in violation of the act of her legislature approved December 22,
1830. In the trial of Mr. Worcester's case, which was subsequently made
the test case in the Supreme Court of the United States, he pleaded
that he was a citizen of Vermont and entered the Cherokee country as a
missionary with the permission of the President of the United States
and the approval of the Cherokee Nation; that Georgia ought not to
maintain the prosecution inasmuch as several treaties had been entered
into by the United States with the Cherokee Nation, by which the latter
were acknowledged as a sovereign nation, and by which the territory
occupied by them had been guaranteed to them by the United States.
The superior court overruled this plea, and Mr. Worcester was tried,
convicted, and sentenced to four years in the penitentiary.

The case was carried up on a writ of error to the Supreme Court of the
United States, and that court asserted its jurisdiction. In rendering
its decision the court remarks that the principle that discovery of
parts of the continent of America gave title to the government by
whose subjects or by whose authority it was made against all other
European governments, which title might be consummated by possession,
was acknowledged by all Europeans because it was the interest of all to
acknowledge it, and because it gave to the nation making the discovery,
as its inevitable consequence, the sole right of acquiring the soil
and of making settlements on it. It was an exclusive principle which
shut out the right of competition among those who had agreed to it,
but not one which could annul the rights of those who had not agreed
to it. It regulated the rights of the discoverers among themselves,
but could not affect the rights of those already in possession as
aboriginal occupants. It gave the exclusive right of purchase, but
did not found it on a denial of the right of the possessor to sell.
The United States succeeded to all the claims of Great Britain, both
territorial and political. Soon after Great Britain had determined on
planting colonies in America the King granted sundry charters to his
subjects. They purport generally to convey the soil from the Atlantic
to the South Sea. The soil was occupied by numerous warlike nations,
milling and able to defend their possessions. The absurd idea that
feeble settlements made on the sea-coast acquired legitimate power to
govern the people or occupy the lands from sea to sea did not then
enter the mind of any man. These charters simply conferred the right
of purchasing such lands as the natives were willing to sell. The
acknowledgment of dependence made in the various Cherokee treaties with
Great Britain and the United States merely bound them as a dependent
ally claiming the protection of a powerful friend and neighbor and
receiving the advantages of that protection, without involving a
surrender of their national character. Neither the Government nor the
Cherokees ever understood it otherwise. Protection did not imply the
destruction of the protected.

Georgia herself had furnished conclusive evidence that her former
opinions on the subject of the Indians concurred with those entertained
by her sister States and by the Government of the United States.
Various acts of her legislature had been cited in the argument of the
case, including the contract of cession made in 1802, all tending to
prove her acquiescence in the universal conviction that the Cherokee
Nation possessed a full right to the lands they occupied, until that
right should be extinguished by the United States with their consent;
that their territory was separated from that of any State within whose
chartered limits they might reside, by a boundary line established by
treaties; that within their boundary they possessed rights with which
no State could interfere, and that the whole power of regulating the
intercourse with them was vested in the United States. The legislation
of Georgia on this subject was therefore unconstitutional and void.[372]

_Georgia refuses to submit to the decision of the Supreme
Court._--Georgia refused to submit to the decision and alleged that the
court possessed no right to pronounce it, she being by the Constitution
of the United States a sovereign and independent State, and no new
State could be formed within her limits without her consent.

_President Jackson's dilemma._--The President was thus placed between
two fires, Georgia demanding the force of his authority to protect
her constitutional rights by refusing to enforce the decision of the
court, and the Cherokees demanding the maintenance of their rights as
guaranteed them under the treaty of 1791 and sustained by the decision
of the Supreme Court.

It was manifest the request of both could not be complied with. If
he assented to the desire of the Cherokees a civil war was likely to
ensue with the State of Georgia. If he did not enforce the decision and
protect the Cherokees, the faith of the nation would be violated.[373]
In this dilemma a treaty was looked upon as the only alternative, by
which the Cherokees should relinquish to the United States all their
interest in lands east of the Mississippi and remove to the west of
that river, and more earnest, urgent, and persistent pressure than
before was applied from this time forward to compel their acquiescence
in such a scheme.

DISPUTED BOUNDARIES BETWEEN CHEROKEES AND CREEKS.

Mention has already been made in discussing the terms of the treaty of
September 22, 1816, of the complications arising out of the question
of disputed boundaries between the Cherokees, Creeks, Choctaws,
and Chickasaws. These disputes related chiefly to an adjustment of
boundaries within the Territory of Alabama, rendered necessary for the
definite ascertainment of the limits of the Creek cession of 1814. But
as a result of the Cherokee cession of 1817 and the Creek cessions of
1818, 1821, 1826, and 1827, the true boundary between the territories
of these two latter nations became not only a matter of dispute, but
one that for years lent additional bitterness to the contest between
the people of Georgia and the Indians, especially the Cherokees. Prior
to the Revolution, the latter had claimed to own the territory within
the limits of Georgia, as far south as the waters of Broad River, and
extending from the headwaters of that river westward. Some of this
territory was also claimed by the Creeks, and the British Government
had therefore in purchasing it accepted a cession from those tribes
jointly.[374]

At the beginning of the Federal relations with the Cherokees, a
definition of their boundaries had been made by treaty of November
28, 1785, extending on the south as far west as the headwaters of the
Appalachee River. Beyond that point to the west no declaration as
to the limits of the Cherokee territory was made, because, for the
purposes of the Federal Government, none was at that time necessary.
But when in course of time other cessions came to be made, both by
the Cherokees and Creeks, it began to be essential to have an exact
definition of the line of limits between them. Especially was this
the case when, as by the terms of the Creek treaty of February 12,
1825,[375] they ceded all the territory to which they laid claim within
the limits of Georgia, and although this treaty was afterwards declared
void by the United States, because of alleged fraud, Georgia always
maintained the propriety and validity of its negotiation.

As early as June 10, 1802, a delegation of Cherokees interviewed
Colonel Hawkins and General Pickens, and after demanding the removal of
certain settlers claimed to be on their lands, asserted the boundary of
their nation in the direction of the Creeks to be the path running from
Colonel Easley's, at High Shoals of the Appalachee, to Etowah River.
This they had agreed upon in council with the Creeks. A delegation of
the Creeks, whom they brought with them from the council, were then
interrogated on the subject by Messrs. Hawkins and Pickens, and they
replied that the statement of the Cherokees was correct.

In the spring of 1814 (May 15) Agent Meigs had written the Secretary of
War that the Cherokees were sensible that the Creeks ought to cede to
the United States sufficient land to fully compensate the latter for
the expenses incurred in prosecuting the Creek war. However, they (the
Cherokees) were incidentally interested in the arrangements, and hoped
that the United States would not permit the Creeks to point out the
specific boundaries of their cession until the division line between
the two nations had been definitely determined. In the following year,
in a discussion of the subject with Colonel Hawkins, the Creek agent,
Colonel Meigs declares that the Cherokees repel the idea entertained by
the Creeks that the Cherokee or Tennessee River was ever their southern
boundary. On the contrary, the dividing line between the territories
of the two nations should begin at Vann's Old Store, on the Ocmulgee
River, thence pursuing such a course as would strike the Coosa River
below the Ten Islands. This claim was predicated upon the assertion
that the Cherokees had in the course of three successive wars with
the Creeks driven them more than a degree of latitude below the point
last named. Another Cherokee version was to the effect that at a joint
council of the two nations, held prior to the Revolutionary War, the
boundary question was a subject of discussion, when it was agreed to
allow the oldest man in the Creek Nation to determine the point. This
man was James McQueen, a soldier who had deserted from Oglethorpe's
command soon after the settlement of Savannah. McQueen decided that the
boundary should be a line drawn across the headwaters of Hatchet and
Elk Creeks, the former being a branch of the Coosa and the latter a
tributary of the Tallapoosa. This decision was predicated upon the fact
that the Cherokees had driven the Creeks below this line, and it had
been mutually agreed that it should constitute the boundary.

In contradiction of this it was asserted by the Creeks that in the year
1818 it had been admitted at a public meeting of the Creeks by "Sour
Mush," a Cherokee chief, that the Creeks owned all the land up to the
head of Coosa River, including all of its waters; that the Tennessee
was the Cherokee River, and the territories of the two nations joined
on the dividing ridge between those rivers. In former times, on the
Chattahoochee, the Cherokees had claimed the country as low down as
a branch of that river called Choky (Soquee) River. Subsequently
they were told by the Coweta king, that they might live as low down
as the Currahee Mountain, but that their young men had now extended
their claim to Hog Mountain, without however any shadow of right or
authority.[376]

With a view to an amicable adjustment of their respective rights a
council was held between the chiefs and headmen of the two nations
at the residence of General William McIntosh, in the Creek country,
at which a treaty was concluded between themselves on the 11th of
December, 1820. In the first article of this treaty the boundary line
between the two nations was fixed as running from the Buzzard's Roost,
on the Chattahoochee, in a direct line to the Coosa River, at a point
opposite the mouth of Wills Town Creek, and thence down the Coosa River
to a point opposite Fort Strother. This boundary was reaffirmed by them
in a subsequent treaty concluded October 30, 1822.[377]

The Cherokee treaty of 1817 had assumed to cede a tract of country
"Beginning at the high shoals of the Appalachy River and running
thence along the boundary line between the Creek and Cherokee Nations
westwardly to the Chatahouchy River," etc.

The Creek treaty of 1818[378] in turn ceded a tract the northern
boundary of which extended from Suwanee Old Town, on the Chattahoochee,
to the head of Appalachee River, and which overlapped a considerable
portion of the Cherokee cession of 1817.

The Creek treaty of 1821[379] ceded a tract running as far north as the
Shallow Ford of the Chattahoochee, which also included a portion of
the territory within the limits of the Cherokee domain, as claimed by
the latter.

By the treaty of 1825[380] with the Creeks they ceded all their
remaining territory in Georgia. Complaint being made that this treaty
had been entered into by only a small non-representative faction of
that nation, an investigation was entered upon by the United States
authorities, and as the result it was determined to declare the treaty
void and to negotiate a new treaty with them, which was done on the
24th of January, 1826.[381]

By this last treaty as amended the Creeks ceded all their land east
of the Chattahoochee River, as well as a tract north and west of that
river. In the cession of this latter tract it was assumed that a point
on Chattahoochee River known as the Buzzard's Roost was the northern
limit of the Creek supremacy.

The authorities of Georgia strongly insisted that not only had the
treaty of 1825 been legitimately concluded, whereby they were entitled
to come into possession of all the Creek domain within her limits, but
also that the true line of the Creek limits toward the north had been
much higher up than would seem to have been the understanding of the
parties to the treaty of 1826.

In the following year the Creeks ceded all remaining territory they
might have within the limits of Georgia.[382] This left the only
question to be decided between the State of Georgia and the Cherokees
the one of just boundaries between the latter and the country recently
acquired from the Creeks.

The War Department had been of the impression that the proper boundary
between the two nations was a line to be run directly from the High
Shoals of the Appalachee to the Ten Islands, or Turkeytown, on the
Coosa River.[383] On this hypothesis Agent Mitchell, of the Creeks,
had been instructed, if he could do so, "without exciting their
sensibilities," to establish it as the northern line of the Creek
Nation.

Georgia, on the contrary, claimed that the proper boundary extended
from Suwanee Old Town, on the Chattahoochee, to Sixes Old Town, on the
Etowah River; from thence to the junction of the Etowah and Oostanaula
Rivers, and following the Creek path from that point to Tennessee
River. In pursuance of this claim Governor Forsyth instructed[384] Mr.
Samuel A. Wales as the surveyor for that State to proceed to establish
the line of limits in accordance therewith. Mr. Wales, upon commencing
operations, was met with a protest from Colonel Montgomery, the
Cherokee agent,[385] notwithstanding which he continued his operations
in conformity with his original instructions.

This action of the surveyor having produced a feeling of great
excitement and hostility within the Cherokee Nation, rendering
the danger of collision and bloodshed imminent, the United States
authorities took the matter in hand, and, by direction of the
President, General John Coffee was appointed and instructed[386] to
proceed to the Cherokee Nation, and from the most reliable information
and testimony attainable to report what, in his judgment, should in
justice and fairness to all parties concerned be declared to be the
true line of limits between Georgia, as the successor of the Creeks,
and the Cherokee Nation.

General Coffee proceeded to the performance of the duty thus assigned
him. A large mass of testimony and tradition on the subject was evoked,
in summing up which General Coffee reported[387] to the Secretary of
War that the line of demarkation between the two nations should begin
at the lower Shallow Ford of the Chattahoochee, which was about 15
miles below the Suwanee Old Town. From thence the line should run
westwardly in a direction to strike the ridge dividing the waters
running into Little River (a branch of the Hightower or Etowah) from
those running into Sweet Water Creek (a branch of the Chattahoochee
emptying about 2 miles below Buzzard's Roost). From this point such
ridge should be followed westwardly, leaving all the waters falling
into Hightower and Coosa Rivers to the right and all the waters that
run southwardly into Chattahoochee and Tallapoosa Rivers to the left,
until such ridge should intersect the line (which had been previously
as per agreement of 1821 between the Creeks and Cherokees themselves)
run and marked from Buzzard Roost to Wills Creek, and thence with this
line to the Coosa River opposite the mouth of Wills Creek.

Two weeks later[388] General Coffee, in a communication to the
Secretary of War, alludes to the dissatisfaction of Georgia with the
line as determined by him, and her claim to an additional tract of
territory by remarking that "I have thought it right to give this
statement for your own and the eye of the President only, that you may
the better appreciate the character of the active agents and partisans
of the Georgia claim, for really I cannot see any reasonable or
plausible evidence on which she rests her claim."

The President, after a careful examination of the testimony and much
solicitude upon the subject, decided to approve General Coffee's
recommendation. The Cherokee agent was therefore directed[389] to
notify all white settlers living north of Coffee's line to remove at
once. The governor of Georgia was also notified of the President's
decision, and, though strongly and persistently protesting against it,
the President firmly refused to revoke his action.[390] The Cherokees
were equally dissatisfied with the decision, because the line was not
fixed as far south as Buzzard's Roost, in accordance with the agreement
of 1821 between themselves and the Creeks.[391]

CHEROKEES PLEAD WITH CONGRESS AND THE PRESIDENT FOR JUSTICE.

A delegation of the Cherokees, with John Ross at their head, was
quartered in Washington during the greater part of the winter of
1832-'33, bringing to bear in behalf of their nation every possible
influence upon both Congress and the Executive. A voluminous
correspondence was conducted between them and the War Department upon
the subject of their proposed removal. In a communication on the 28th
of January, 1833, they ask leave to say that, notwithstanding the
various perplexities which the Cherokee people had experienced under
the course of policy pursued toward them, they were yet unshaken in
their objections to a removal west of the Mississippi River. On the
question of their rights and the justice of their cause, their minds
were equally unchangeable. They were, however, fully sensible that
justice and weakness could not control the array of oppressive power,
and that in the calamitous effects of such power, already witnessed,
they could not fail to foresee with equal clearness that a removal to
the west would be followed in a few years by consequences no less fatal.

They therefore suggested for the consideration of the President,
whether it would not be practicable for the Government to satisfy the
claims of Georgia by granting to those of her citizens who had in the
lotteries of that State drawn lots of land within Cherokee limits
other lands of the United States lying within the Territories and
States of the Union, or in some other way.

_The President urges their assent to removal._--The Secretary of War,
in replying for the President (February 2,1833), was unable to see that
any practicable plan could be adopted by which the reversionary rights
held under the State of Georgia could be purchased upon such terms as
would justify the Government in entering into a stipulation to that
effect. Nor would it at all remove the difficulties and embarrassments
of their condition. They would still be subject to the laws of Georgia,
surrounded by white settlements and exposed to all those evils
which had always attended the Indian race when placed in immediate
contact with the white population. It was only by removing from these
surroundings that they could expect to avoid the fate which had already
swept away so many Indian tribes.

_Reply of John Ross._--Ross retorted, in a communication couched
in diplomatic language, that it was with great diffidence and deep
regret he felt constrained to say, that in this scheme of Indian
removal he could see more of expediency and policy to get rid of
the Cherokees than to perpetuate their race upon any permanent,
fundamental principle. If the doctrine that Indian tribes could not
exist contiguous to a white population should prevail, and they should
be compelled to remove west of the States and Territories of this
republic, what was to prevent a similar removal of them from there for
the same reason?

Without securing any promises of relief, and without reaching
any definite understanding with the executive authorities of the
Government, the delegation left for their homes in March, 1833. They
agreed, however, to lay before their national council in the ensuing
May a proposition made to them by the President, offering to pay them
$2,500,000 in goods for their lands, with the proviso that they should
remove themselves at their own expense.[392] This proposition, it
is hardly necessary to remark, was not favorably considered by the
council, though the Secretary of War designated[393] Mr. Benjamin F.
Curry to attend the meeting and urge its acceptance.

_Alleged attempted bribery of John Ross._--In this connection a story
having been given currency that the Government had offered Chief Ross a
bribe, provided he would secure the conclusion of a treaty of cession
and removal, the Commissioner of Indian Affairs denied it as being
"utterly without foundation, and one of those vile expedients that
unprincipled men sometimes practice to accomplish an evil purpose,"
and as being "too incredible to do much injury."[394] While this
story was perhaps without solid foundation in fact, its improbability
would possibly have been more evident but for the fact that only five
years earlier the Secretary of War had appointed secret agents and
authorized them to expend $2,000 in bribing the chiefs for this very
purpose, and had made his action in this respect a matter of public
record.

CHEROKEES PROPOSE AN ADJUSTMENT.

In January, 1834, a few weeks after the assembling of Congress, the
Cherokee delegation again arrived in Washington.[395] Sundry interviews
and considerable correspondence with the War Department seemed barren
of results or even hope. The delegation submitted[396] a proposition
for adjustment in another form. Remarking upon their feeble numbers,
and surrounded as they were by a nation so powerful as the United
States, they could not but clearly see, they said, that their existence
and permanent welfare as a people must depend upon that relation which
should eventually lead to an amalgamation with the people of the United
States. As the prospects of securing this object collectively, in their
present location in the character of a territorial or State government,
seemed to be seriously opposed and threatened by the States interested
in their own aggrandizement, and as the Cherokees had refused, and
would never voluntarily consent, to remove west of the Mississippi,
the question was propounded whether the Government would enter into
an arrangement on the basis of the Cherokees becoming prospectively
citizens of the United States, provided the former would cede to the
United States a portion of their territory for the use of Georgia; and
whether the United States would agree to have the laws and treaties
executed and enforced for the effectual protection of the Cherokees
on the remainder of their territory for a definite period, with the
understanding that upon the expiration of that period the Cherokees
were to be subjected to the laws of the States within whose limits
they might be, and to take an individual standing as citizens thereof,
the same as other free citizens of the United States, with liberty to
dispose of their surplus lands in such manner as might be agreed upon.

_Cherokee proposals declined._--The reply[397] to this proposition was
that the President did not see the slightest hope of a termination to
the embarrassments under which the Cherokees labored except in their
removal to the country west of the Mississippi.

_Proposal of Andrew Ross._--In the mean time[398] Andrew Ross, who was
a member of the Cherokee delegation, suggested to the Commissioner of
Indian Affairs that if he were authorized so to do he would proceed to
the Cherokee country and bring a few chiefs or respectable individuals
of the nation to Washington, with whom a treaty could be effected
for the cession of the whole or part of the Cherokee territory. His
plan was approved, with the understanding that if a treaty should be
concluded the expenses of the delegation would be paid by the United
States. Ross succeeded in assembling some fifteen or twenty Cherokees
at the Cherokee agency, all of whom were favorable to the scheme of
emigration. Under the self-styled appellation of a committee, they
proceeded to appoint a chief and assistant chief in the persons of
William Hicks and John McIntosh, and selected eight of their own number
as the remainder of the delegation to visit Washington.[399]

_Protest of John Ross and thirteen thousand Cherokees._--Upon
their arrival Hon. J. H. Eaton was designated[400] to conduct the
negotiations with them. During the pendency of the negotiations Mr.
Baton advised John Ross of the purpose in view and solicited his
co-operation in the scheme. Mr. Ross refused[401] this proposal with
much warmth, and took occasion to add in behalf of the Cherokee Nation
that "in the face of Heaven and earth, before God and man, I most
solemnly protest against any treaty whatever being entered into with
those of whom you say one is in progress so as to affect the rights and
interests of the Cherokee Nation east of the Mississippi River."

Chief Ross also presented a protest, alleged to have been signed by
more than thirteen thousand Cherokees, against the negotiation of such
a treaty.

_Preliminary treaty concluded with Andrew Ross et al._--Disregarding
the protest of Chief Ross and distrusting the verity of that purporting
to have been so numerously signed in the nation, the negotiations
proceeded, and a treaty or agreement was concluded on the 19th day of
June, 1834. The treaty provided for the opening of emigrant enrolling
books, with a memorandum heading declaring the assent of the subscriber
to a treaty yet to be concluded with the United States based upon the
terms previously offered by the President, covering a cession and
removal, and with the proviso that if no such subsequent treaty should
be concluded within the next few months then the subscribers would
cede to the United States all their right and interest in the Cherokee
lands east of the Mississippi. In consideration of this they were to be
removed and subsisted for one year at the expense of the United States,
to receive the ascertained value of their improvements, and to be
entitled to all such stipulations as should thereafter be made in favor
of those who should not then remove.

The treaty, however, failed of ratification, though the enrolling books
were opened[402] and a few of the Cherokees entered their names for
emigration.

CHEROKEES MEMORIALIZE CONGRESS.

While the negotiations leading up to the conclusion of this treaty
were in progress John Ross and his delegation, finding no disposition
on the part of the executive authority to enter into a discussion of
Cherokee affairs predicated upon any other basis than an abandonment by
them of their homes and country east of the Mississippi, presented[403]
a memorial to Congress complaining of the injuries done them and
praying for redress. Without affecting to pass judgment on the merits
of the controversy, the writer thinks this memorial well deserving of
reproduction here as evidencing the devoted and pathetic attachment
with which the Cherokees clung to the land of their fathers, and,
remembering the wrongs and humiliations of the past, refused to be
convinced that justice, prosperity, and happiness awaited them beyond
the Mississippi.

The memorial of the Cherokee Nation respectfully showeth,
that they approach your honorable bodies as the representatives
of the people of the United States, intrusted by them under the
Constitution with the exercise of their sovereign power, to ask for
protection of the rights of your memorialists and redress of their
grievances.

They respectfully represent that their rights, being stipulated
by numerous solemn treaties, which guaranteed to them protection,
and guarded as they supposed by laws enacted by Congress, they
had hoped that the approach of danger would be prevented by the
interposition of the power of the Executive charged with the
execution of treaties and laws; and that when their rights should
come in question they would be finally and authoritatively decided
by the judiciary, whose decrees it would be the duty of the
Executive to see carried into effect. For many years these their
just hopes were not disappointed.

The public faith of the United States, solemnly pledged
to them, was duly kept in form and substance. Happy under the
parental guardianship of the United States, they applied themselves
assiduously and successfully to learn the lessons of civilization
and peace, which, in the prosecution of a humane and Christian
policy, the United States caused to be taught them. Of the advances
they have made under the influence of this benevolent system,
they might a few years ago have been tempted to speak with pride
and satisfaction and with grateful hearts to those who have been
their instructors. They could have pointed with pleasure to the
houses they had built, the improvements they had made, the fields
they were cultivating; they could have exhibited their domestic
establishments, and shown how from wandering in the forests many of
them had become the heads of families, with fixed habitations, each
the center of a domestic circle like that which forms the happiness
of civilized man. They could have shown, too, how the arts of
industry, human knowledge, and letters had been introduced amongst
them, and how the highest of all the knowledge had come to bless
them, teaching them to know and to worship the Christian's God,
bowing down to Him at the same seasons and in the same spirit with
millions of His creatures who inhabit Christendom, and with them
embracing the hopes and promises of the Gospel.

But now each of these blessings has been made to them an
instrument of the keenest torture. Cupidity has fastened its
eye upon their lands and their homes, and is seeking by force
and by every variety of oppression and wrong to expel them from
their lands and their homes and to tear them from all that has
become endeared to them. Of what they have already suffered it
is impossible for them to give the details, as they would make a
history. Of what they are menaced with by unlawful power, every
citizen of the United States who reads the public journals is
aware. In this their distress they have appealed to the judiciary
of the United States, where their rights have been solemnly
established. They have appealed to the Executive of the United
States to protect these rights according to the obligations
of treaties and the injunctions of the laws. But this appeal
to the Executive has been made in vain. In the hope that by
yielding something of their clear rights they might succeed in
obtaining security for the remainder, they have lately opened a
correspondence with the Executive, offering to make a considerable
cession from what had been reserved to them by solemn treaties,
only upon condition that they might be protected in the part not
ceded. But their earnest supplication has been unheeded, and the
only answer they can get, informs them, in substance, that they
must be left to their fate, or renounce the whole. What that fate
is to be unhappily is too plain.

The State of Georgia has assumed jurisdiction over them, has
invaded their territory, has claimed the right to dispose of their
lands, and has actually proceeded to dispose of them, reserving
only a small portion to individuals, and even these portions are
threatened and will no doubt, soon be taken from them. Thus the
nation is stripped of its territory and individuals of their
property without the least color of right, and in open violation
of the guarantee of treaties. At the same time the Cherokees,
deprived of the protection of their own government and laws, are
left without the protection of any other laws, outlawed as it were
and exposed to indignities, imprisonment, persecution, and even to
death, though they have committed no offense whatever, save and
except that of seeking to enjoy what belongs to them, and refusing
to yield it up to those who have no pretense of title to it. Of the
acts of the legislature of Georgia your memorialists will endeavor
to furnish copies to your honorable bodies, and of the doings
of individuals they will furnish evidence if required. And your
memorialists further respectfully represent that the Executive of
the United States has not only refused to protect your memorialists
against the wrongs they have suffered and are still suffering at
the hands of unjust cupidity, but has done much more. It is but too
plain that, for several years past, the power of the Executive has
been exerted on the side of their oppressors and is co-operating
with them in the work of destruction. Of two particulars in the
conduct of the Executive your memorialists would make mention, not
merely as matters of evidence but as specific subjects of complaint
in addition to the more general ones already stated.

The first of these is the mode adopted to oppress and injure
your memorialists under color of enrollments for emigration. Unfit
persons are introduced as agents, acts are practiced by them that
are unjust, unworthy, and demoralizing, and have no object but
to force your memorialists to yield and abandon their rights by
making their lives intolerably wretched. They forbear to go into
particulars, which nevertheless they are prepared, at a proper
time, to exhibit.

The other is calculated also to weaken and distress your
memorialists, and is essentially unjust. Heretofore, until within
the last four years, the money appropriated by Congress for
annuities has been paid to the nation, by whom it was distributed
and used for the benefit of the nation. And this method of payment
was not only sanctioned by the usage of the Government of the
United States, but was acceptable to the Cherokees. Yet, without
any cause known to your memorialists, and contrary to their just
expectations, the payment has been withheld for the period just
mentioned, on the ground, then for the first time assumed, that the
annuities were to be paid, not as hitherto, to the nation, but to
the individual Cherokees, each his own small fraction, dividing the
whole according to the numbers of the nation. The fact is, that for
the last four years the annuities have not been paid at all.

The distribution in this new way was impracticable, if the
Cherokees had been willing thus to receive it, but they were not
willing; they have refused and the annuities have remained unpaid.
Your memorialists forbear to advert to the motives of such conduct,
leaving them to be considered and appreciated by Congress. All they
will say is, that it has coincided with other measures adopted
to reduce them to poverty and despair and to extort from their
wretchedness a concession of their guaranteed rights. Having failed
in their efforts to obtain relief elsewhere, your memorialists
now appeal to Congress, and respectfully pray that your honorable
bodies will look into their whole case, and that such measures may
be adopted as will give them redress and security.

TREATY NEGOTIATIONS RESUMED.

_Rival delegations headed by Ross and Ridge._--But little else was
done and practically nothing was accomplished until the following
winter. Early in February, 1835, two rival delegations, each claiming
to represent the Cherokee Nation, arrived in Washington. One was
headed by John Ross, who had long been the principal chief and who
was the most intelligent and influential man in the nation. The rival
delegation was led by John Ridge, who had been a subchief and a man of
some considerable influence among his people.[404] The Ross delegation
had been consistently and bitterly opposed to any negotiations having
in view the surrender of their territory and a removal west of the
Mississippi. Ridge and his delegation, though formerly of the same mind
with Ross, had begun to perceive the futility of further opposition
to the demands of the State and national authorities. Feeling the
certainty that the approaching crisis in Cherokee affairs could have
but one result, and perceiving an opportunity to enhance his own
importance and to secure the discomfiture of his hitherto more powerful
rival, Ridge caused it to be intimated to the United States authorities
that he and his delegation were prepared to treat with them upon the
basis previously laid down by President Jackson of a cession of their
territory and a removal west.

Rev. J. F. Schermerhorn was therefore appointed,[405] and instructions
were prepared authorizing him to meet Ridge and his party and to
ascertain on what terms an amicable and satisfactory arrangement could
be made. After the instructions had been delivered to Mr. Schermerhorn,
but before he had commenced the negotiation, Ross and his party
requested to be allowed to make a proposal to be submitted to the
President for his approval. He was assured that his proposal would be
considered, and in the mean time Mr. Schermerhorn was requested to
suspend his operations. So much time, however, elapsed before anything
more was heard from Ross and his party that the negotiations with
the Ridge party were proceeded with. They terminated in a general
understanding respecting the basis of an arrangement, leaving, however,
many of the details to be filled up. The total amount of the various
stipulations provided for, as a full consideration for the cession
of their lands, was $3,250,000, besides the sum of $150,000 for
depredation claims. In addition, a tract of 800,000 acres of land west
of the Mississippi was to be added to the territory already promised
them, amounting in the aggregate, including the western outlet, to
about 13,800,000 acres.[406]

_Proposition of John Ross._--On the 25th of February, Ross and his
delegation, finding that the negotiations with Ridge were proceeding,
submitted a proposition for removal based upon an allowance of
$20,000,000 for the cession of the territory and the payment of a
class of claims of uncertain number and value. This was considered
so unreasonable as to render the seriousness of his proposition
doubtful at the time, but it was finally modified by an assertion of
his willingness to accept such sum as the Senate of the United States
should declare to be just and proper.[407] Thereupon a statement of
all the facts was placed in the hands of Senator King, of Georgia, who
submitted the same to the Senate Committee on Indian Affairs on the 2d
of March. It was not contemplated that any arrangement made with these
Cherokee delegations at this time should be definitive, but that the
Cherokee people should be assembled for the purpose of considering the
subject, and their assent asked to such propositions as they might deem
satisfactory.

_Resolution of United States Senate on John Ross's proposition._--The
Senate gave the matter prompt consideration, and on the 6th of March
the Secretary of War advised Mr. Ross that by a resolution they had
stated their opinion that "a sum not exceeding $5,000,000 should be
paid to the Cherokee Indians for all their lands and possessions
east of the Mississippi River," and he was invited to enter into
negotiations upon that basis, but declined to do so.

_Preliminary treaty concluded with the Ridge party._--The treaty
between Schermerhorn and the Ridge party was thereupon completed with
some modifications and duly signed on the 14th of March, but with the
express stipulation that it should receive the approval of the Cherokee
people in full council assembled before being considered of any binding
force. The consideration was changed to read $4,500,000 and 800,000
acres of additional land, but in the main its provisions differed
but little in the important objects sought to be secured from those
contained in the treaty as finally concluded, December 29, 1835.

_Schermerhorn and Carroll appointed to complete the treaty._--In the
mean time,[408] two days after the conclusion of the preliminary Ridge
treaty, President Jackson issued an address to the Cherokees, inviting
them to a calm consideration of their condition and prospects, and
urging upon them the benefits certain to inure to their nation by the
ratification of the treaty just concluded and their removal to the
western country. This address was intrusted to Rev. J. F. Schermerhorn
and General William Carroll, whom the President had appointed on the
2d of April as commissioners to complete in the Cherokee country the
negotiation of the treaty.

General Carroll being unable on account of ill-health to proceed from
Nashville to the Cherokee Nation, Mr. Schermerhorn was compelled to
assume the responsibilities of the negotiation alone. The entire
summer and fall were spent in endeavors to reconcile differences of
opinion, to adjust feuds among the different factions of the tribe,
and to secure some definitive and consolidated action. Meeting with
no substantial encouragement, he suggested, in a communication to the
Secretary of War,[409] two alternative propositions, by either of which
a treaty might be secured.

These propositions were: (1) That the appraising agents of the
Government should ascertain from influential Cherokees their own
opinion of the value of their improvements, and promise them the
amount, if this estimate should be in any degree reasonable, and if
they would take a decided stand in favor of the treaty and conclude
the same. (2) To conclude the treaty with a portion of the nation
only, should one with the whole be found impracticable, and compel the
acquiescence of the remainder in its provisions.

He was at once[410] advised of the opposition of the President to
any such action. If a treaty could not be concluded upon fair and
open terms, he must abandon the effort and leave the nation to the
consequences of its own stubbornness. He must make no particular
promise to any individual, high or low, to gain his co-operation. The
interest of the whole must not be sacrificed to the cupidity of a few,
and if a treaty was concluded at all it must be one that would stand
the test of the most rigid scrutiny.

_The Ridge treaty rejected._--The Cherokee people in full council at
Red Clay, in the following October, rejected the Ridge treaty. Mr. John
Ridge and Elias Boudinot, who had been the main stay and support of Mr.
Schermerhorn in the preceding negotiations, at this council, through
fear or duplicity and unexpectedly to him, abandoned their support of
his measures and coincided with the preponderance of Cherokee sentiment
on the subject. In his report of this failure to bring the negotiations
to a successful termination Commissioner Schermerhorn says: "I have
pressed Ross so hard by the course I have adopted that although he got
the general council to pass a resolution declaring that they would not
treat on the basis of the $5,000,000, yet he has been forced to bring
the nation to agree to a treaty, here or at Washington. They have used
every effort to get by me and get to Washington again this winter.
They dare not yet do it. You will perceive Ridge and his friends have
taken apparently a strange course. I believe he began to be discouraged
in contending with the power of Ross; and perhaps also considerations
of personal safety have had their influence, but the Lord is able to
overrule all things for good."[411]

_Council at New Echota._--During the session of this council notice was
given to the Cherokees to meet the United States commissioners on the
third Monday in December following, at New Echota, for the purpose
of negotiating and agreeing upon the terms of a treaty. The notice
was also printed in Cherokee and circulated throughout the nation,
informing the Indians that those who did not attend would be counted
as assenting to any treaty that might be made.[412] In the mean time
the Ross delegation, authorized by the Red Clay council to conclude a
treaty either there or at Washington, finding that Schermerhorn had
no authority to treat on any other basis than the one rejected by
the nation, proceeded, according to their people's instructions, to
Washington. Previous to their departure, John Ross was arrested. This
took place immediately upon the breaking up of the council. He was
detained some time under the surveillance of a strong guard, without
any charge against him, and ultimately released without any apology or
explanation. At this arrest all his papers were seized, including as
well all his private correspondence and the proceedings of the Cherokee
council.[413] In accordance with the call for a council at New Echota
the Indians assembled at the appointed time and place, to the number
of only three to five hundred, as reported[414] by Mr. Schermerhorn
himself, who could hardly be accused of any tendency to underestimate
the gathering. That gentleman opened the council December 22, 1835,
in the absence of Governor Carroll, whose health was still such as
to prevent his attendance. The objects of the council were fully
explained, the small attendance being attributed to the influence of
John Ross. It was also suggested by those unfriendly to the proposed
treaty as a good reason for the absence of so large a proportion of the
nation, that the right to convene a national council was vested in the
principal chief, and they were unaware that that officer's authority
had been delegated to Mr. Schermerhorn.[413]

Those present resolved on the 23d to enter into negotiations and
appointed a committee of twenty to arrange the details with the
Commissioner and to report the result to the whole council.

The following five days were occupied by the commissioner and
the committee in discussing and agreeing upon the details of the
treaty, one point of difference being as to whether the $5,000,000
consideration for their lands as mentioned in the resolution of
the Senate was meant to include the damages to individual property
sustained at the hands of white trespassers.

The Indians insisted that $300,000 additional should be allowed for
that purpose, but it was finally agreed that the treaty should not be
presented to the Senate without the consent of their delegation until
they were satisfied the Senate had not included these claims in the
sum named in the resolution of that body. It was also insisted by the
Cherokee committee that reservations should be made to such of their
people as desired to remain in their homes and become citizens of the
United States.

As a compromise of this demand, it was agreed by the United States
commissioner to allow pre-emptions of 160 acres each, not exceeding 400
in number, in the States of North Carolina, Tennessee, and Alabama, to
such heads of Cherokee families only as were qualified to become useful
members of society. None were to be entitled to this privilege unless
their applications were recommended by a committee of their own people
(a majority of which committee should be composed of those members of
the tribe who were themselves enrolled for removal) and approved by
the United States commissioners. The latter also proposed to make the
reservations dependent upon the approval of the legislatures of the
States within which they might be respectively located, but to this
proposition a strenuous objection was offered by the Indians.

The articles as agreed upon were reported by the Cherokee committee to
their people, and were approved, transcribed, and signed on the 29th.

The council adjourned on the 30th, after designating a committee to
proceed to Washington and urge the ratification of the treaty, clothed
with power to assent to any alterations made necessary by the action of
the President or Senate.[415]

_Commissioner Schermerhorn reports conclusion of a
treaty._--Immediately following the adjournment of the council,
Commissioner Schermerhorn wrote the Secretary of War, saying: "I have
the extreme pleasure to announce to you that yesterday I concluded a
treaty. * * * Ross after this treaty is prostrate. The power of the
nation is taken from him, as well as the money, and the treaty will
give general satisfaction."[416]

_Supplemental treaty concluded._--Several provisions of the treaty
met with the disapproval of the President, in order to meet which
supplementary articles of agreement were concluded under date of March
1, 1836,[417] wherein it was stipulated that all pre-emption rights
provided for should be declared void; also that, in lieu of the same
and to cover expenses of removal and payment of claims against citizens
of the United States, the sum of $600,000 should be allowed them in
addition to the five millions allowed for cession of territory. And,
furthermore, that the $100,000 stipulated to be expended for the poorer
class of Cherokees who should remove west should be placed to the
credit of the general national fund.[418]

_Opposition of the Ross party._--Whilst these events were happening,
and strenuous efforts were being made to encourage among Senators a
sentiment favorable to the ratification of the treaty, John Ross was
manifesting his usual zeal and activity in the opposite direction.
Early in the spring of 1836 he made his appearance in Washington,
accompanied by a delegation, and presented two protests against the
ratification of the treaty, one purporting to have been signed by
Cherokees residing within the limits of North Carolina to the number
of 3,250, and the other representing the alleged sentiments of 12,714
persons residing within the main body of the nation. Mr. Ross also
demanded the payment of the long withheld annuities to himself as
the duly authorized representative of the nation, which was declined
unless special direction to that effect should be given by an authentic
vote of the tribe from year to year. He was further assured that the
President had ceased to recognize any existing government among the
Eastern Cherokees.[419]

_Treaty ratified by United States Senate._--In spite of the opposition
of Mr. Ross and his party, the treaty was assented to by the Senate by
one more than the necessary two-thirds majority,[420] and was ratified
and proclaimed by the President on the 23d of May, 1836.[421] By its
terms two years were allowed within which the nation must remove west
of the Mississippi.

_Measures for execution of the treaty._--Preparatory steps were
promptly taken for carrying the treaty into execution. On the 7th of
June Gov. Wilson Lumpkin, of Georgia, and Gov. William Carroll, of
Tennessee, were designated as commissioners under the 17th article,
and vested with general supervisory authority over the execution of
the treaty. The selection and general supervision (under the foregoing
commissioners) of the agents to appraise the value of Cherokee
improvements was placed in charge of Benjamin F. Curry, to whom
detailed instructions were given[422] for his guidance. General John
E. Wool was placed in command of the United States troops within the
Cherokee Nation, but with instructions[423] that military force should
only be applied in the event of hostilities being commenced by the
Cherokees.

_The Ross party refuse to acquiesce._--John Ross and his delegation,
having returned home, at once proceeded to enter upon a vigorous
campaign of opposition to the execution of the treaty. He used every
means to incite the animosity of his people against Ridge and his
friends, who had been instrumental in bringing it about and who were
favorable to removal. Councils were held and resolutions were adopted
denouncing in the severest terms the motives and action of the United
States authorities and declaring the treaty in all its provisions
absolutely null and void.[424] A copy of these resolutions having
been transmitted to the Secretary of War by General Wool, the former
was directed[425] by the President to express his astonishment that
an officer of the Army should have received or transmitted a paper so
disrespectful to the Executive, to the Senate, and through them to
the people of the United States. To prevent any misapprehension on
the subject of the treaty the Secretary was instructed to repeat in
the most explicit terms the settled determination of the President
that it should be executed without modification and with all the
dispatch consistent with propriety and justice. Furthermore, that after
delivering a copy of this letter to Mr. Ross no further communication
should be held with him either orally or in writing in regard to the
treaty.

To give a clearer idea of the actual state of feeling that pervaded the
Cherokee Nation on the subject of removal, as well as the character
of the methods that distinguished the negotiators on the part of the
United States, a few quotations from the letters and reports of those
in a position to observe the passing events may not be inappropriate.

REPORT OF MAJOR DAVIS.

Maj. William M. Davis had been appointed an agent by the Secretary of
War for the enrollment of Cherokees desirous of removal to the West and
for the appraisement of the value of their improvements. He had gone
among the Cherokees for this specific purpose. He held his appointment
by the grace and permission of the President. It was natural that
his desire should be strongly in the line of securing the Executive
approval of his labors.

Strong, however, as was that desire he was unable to bring himself to
the support of the methods that were being pursued in the negotiation
of the proposed treaty. On the 5th of March following the conclusion of
the treaty of 1835, he wrote the Secretary of War thus:

I conceive that my duty to the President, to yourself, and to
my country, reluctantly compels me to make a statement of facts in
relation to a meeting of a small number of Cherokees at New Echota
last December, who were met by Mr. Schermerhorn and articles of a
general treaty entered into between them for the whole Cherokee
Nation.

* * * I should not interpose in the matter at all but I
discover that you do not receive impartial information on the
subject; that you have to depend upon the _ex parte_, partial, and
interested reports of a person who will not give you the truth.
I will not be silent when I see that you are about to be imposed
on by a gross and base betrayal of the high trust reposed in Rev.
J. F. Schermerhorn by you. His conduct and course of policy was a
series of blunders from first to last. * * * It has been wholly of
a partisan character.

Sir, that paper * * * called a treaty is no treaty at all,
because not sanctioned by the great body of the Cherokees and
made without their participation or assent. I solemnly declare
to you that upon its reference to the Cherokee people it would
be instantly rejected by nine-tenths of them and I believe by
nineteen-twentieths of them. There were not present at the
conclusion of the treaty more than one hundred Cherokee voters,
and not more than three hundred, including women and children,
although the weather was everything that could be desired. The
Indians had long been notified of the meeting, and blankets were
promised to all who would come and vote for the treaty. The most
cunning and artful means were resorted to to conceal the paucity
of numbers present at the treaty. No enumeration of them was made
by Schermerhorn. The business of making the treaty was transacted
with a committee appointed by the Indians present, so as not
to expose their numbers. The power of attorney under which the
committee acted was signed only by the president and secretary
of the meeting, so as not to disclose their weakness. * * * Mr.
Schermerhorn's apparent design was to conceal the real number
present and to impose on the public and the Government upon this
point. The delegation taken to Washington by Mr. Schermerhorn had
no more authority to make a treaty than any other dozen Cherokees
accidentally picked up for that purpose. I now warn you and the
President that if this paper of Schermerhorn's called a treaty
is sent to the Senate and ratified you will bring trouble upon
the Government and eventually destroy this (the Cherokee) nation.
The Cherokees are a peaceable, harmless people, but you may drive
them to desperation, and this treaty cannot be carried into effect
except by the strong arm of force.[426]

ELIAS BOUDINOT'S VIEWS.

About this time there also appeared, in justification of the treaty and
of his own action in signing it, a pamphlet address issued by Elias
Boudinot of the Cherokee Nation. Mr. Boudinot was one of the ablest and
most cultured of his people, and had long been the editor and publisher
of a newspaper in the nation, printed both in English and Cherokee. The
substance of his argument in vindication of the treaty may have been
creditable from the standpoint of policy and a regard for the future
welfare of his people, but in the abstract it is a dangerous doctrine.
He said:

We cannot conceive of the acts of a minority to be so
reprehensible and unjust as are represented by Mr. Ross. If one
hundred persons are ignorant of their true situation and are so
completely blinded as not to see the destruction that awaits them,
we can see strong reasons to justify the action of a minority of
fifty persons to do what the majority would do if they understood
their condition, to save a nation from political thralldom and
moral degradation.[427]

SPEECH OF GENERAL R. G. DUNLAP.

It having been extensively rumored, during the few months immediately
succeeding the conclusion of the treaty, that John Ross and other evil
disposed persons were seeking to incite the Cherokees to outbreak and
bloodshed, the militia of the surrounding States were called into
service for the protection of life and property from the supposed
existing dangers. Brig. Gen. R. G. Dunlap commanded the East Tennessee
volunteers. In a speech to his brigade at their disbandment in
September, 1836, he used the following language:

I forthwith visited all the posts within the first three States
and gave the Cherokees (the whites needed none) all the protection
in my power. * * * My course has excited the hatred of a few of
the lawless rabble in Georgia, who have long played the part of
unfeeling petty tyrants, and that to the disgrace of the proud
character of gallant soldiers and good citizens. I had determined
that I would never dishonor the Tennessee arms in a servile service
by aiding to carry into execution at the point of the bayonet a
treaty made by a lean minority against the will and authority of
the Cherokee people. * * * I soon discovered that the Indians
had not the most distant thought of war with the United States,
notwithstanding the common rights of humanity and justice had been
denied them.[428]

REPORT OF GENERAL JOHN E. WOOL.

Again, February 18, 1837, General John E. Wool, of the United States
Army, who had been ordered to the command of the troops that were being
concentrated in the Cherokee country "to look down opposition" to the
enforcement of the treaty, wrote Adjutant-General Jones, at Washington,
thus:

"I called them (the Cherokees) together and made a short speech.
It is, however, vain to talk to a people almost universally opposed
to the treaty and who maintain that they never made such a treaty.
So determined are they in their opposition that not one of all
those who were present and voted at the council held but a day or
two since, however poor or destitute, would receive either rations
or clothing from the United States lest they might compromise
themselves in regard to the treaty. These same people, as well
as those in the mountains of North Carolina, during the summer
past, preferred living upon the roots and sap of trees rather than
receive provisions from the United States, and thousands, as I have
been informed, had no other food for weeks."

Four months later,[429] General Wool again, in the course of a letter
to the Secretary of War concerning the death of Major Curry, who had
been a prominent factor in promoting the conclusion of the treaty of
1835, said that--

Had Curry lived he would assuredly have been killed by the
Indians. It is a truth that you have not a single agent, high or
low, that has the slightest moral control over the Indians. It
would be wise if persons appointed to civil stations in the nation
could be taken from among those who have had nothing to do with
making the late treaty.

REPORT OF JOHN MASON, JR.

In further testimony concerning the situation of affairs in the
Cherokee Nation at this period, may be cited the report of John Mason,
Jr., who was in the summer of 1837[430] sent as the confidential
agent of the War Department to make observations and report. In the
autumn[431] of that year he reported that--

The chiefs and better informed part of the nation are convinced
that they cannot retain the country. But the opposition to the
treaty is unanimous and irreconcilable. They say it cannot bind
them because they did not make it; that it was made by a few
unauthorized individuals; that the nation is not a party to it. *
* * They retain the forms of their government in their proceedings
among themselves, though they have had no election since 1830; the
chiefs and headmen then in power having been authorized to act
until their government shall again be regularly constituted. Under
this arrangement John Ross retains the post of principal chief. *
* * The influence of this chief is unbounded and unquestioned. The
whole nation of eighteen thousand persons is with him, the few,
about three hundred, who made the treaty having left the country.
It is evident, therefore, that Ross and his party are in fact the
Cherokee Nation. * * * Many who were opposed to the treaty have
emigrated to secure the rations, or because of fear of an outbreak.
* * * The officers say that, with all his power, Ross cannot, if
he would, change the course he has heretofore pursued and to which
he is held by the fixed determination of his people. He dislikes
being seen in conversation with white men, and particularly with
agents of the Government. Were he, as matters now stand, to advise
the Indians to acknowledge the treaty, he would at once forfeit
their confidence and probably his life. Yet though unwavering in
his opposition to the treaty, Ross's influence has constantly been
exerted to preserve the peace of the country, and Colonel Lindsay
says that he (Ross) alone stands at this time between the whites
and bloodshed. The opposition to the treaty on the part of the
Indians is unanimous and sincere, and it is not a mere political
game played by Ross for the maintenance of his ascendancy in the
tribe.

HENRY CLAY'S SYMPATHY WITH THE CHEROKEES.

It is interesting in this connection, as indicating the strong and
widespread public feeling manifested in the Cherokee question, to note
that it became in some sense a test question among leaders of the two
great political parties. The Democrats strenuously upheld the conduct
of President Jackson on the subject, and the Whigs assailed him with
extreme bitterness. The great Whig leader, Henry Clay, in replying[432]
to a letter received by him from John Gunter, a Cherokee, took occasion
to express his sympathy with the Cherokee people for the wrongs and
sufferings experienced by them. He regretted them not only because
of their injustice, but because they inflicted a deep wound on the
character of the American Republic. He supposed that the principles
which had uniformly governed our relations with the Indian nations had
been too long and too firmly established to be disturbed. They had been
proclaimed in the negotiation with Great Britain by the commissioners
who concluded the treaty of peace, of whom he was one, and any
violation of them by the United States he felt with sensibility. By
those principles the Cherokee Nation had a right to establish its own
form of government, to alter and amend it at pleasure, to live under
its own laws, to be exempt from the United States laws or the laws of
any individual State, and to claim the protection of the United States.
He considered that the Chief Magistrate and his subordinates had acted
in direct hostility to those principles and had thereby encouraged
Georgia to usurp powers of legislation over the Cherokee Nation which
she did not of right possess.

POLICY OF THE PRESIDENT CRITICISED--SPEECH OF COL. DAVID CROCKETT.

Among many men of note who denounced in most vigorous terms the policy
of the Administration toward the Cherokees were Daniel Webster and
Edward Everett, of Massachusetts; Theodore Frelinghuysen, of New
Jersey; Peleg Sprague, of Maine; Henry R. Storrs, of New York; Henry
A. Wise, of Virginia; and David Crockett, of Tennessee. The latter, in
a speech in the House of Representatives, denounced the treatment to
which the Indians had been subjected at the hands of the Government as
unjust, dishonest, cruel, and short-sighted in the extreme. He alluded
to the fact that he represented a district which bordered on the domain
of the southern tribes, and that his constituents were perhaps as
immediately interested in the removal of the Indians as those of any
other member of the House. His voice would perhaps not be seconded by
that of a single fellow member living within 500 miles of his home. He
had been threatened that if he did not support the policy of forcible
removal his public career would be summarily cut off. But while he was
perhaps as desirous of pleasing his constituents and of coinciding
with the wishes of his colleagues as any man in Congress, he could not
permit himself to do so at the expense of his honor and conscience in
the support of such a measure. He believed the American people could be
relied on to approve their Representatives for daring, in the face of
all opposition, to perform their conscientious duty, but if not, the
approval of his own conscience was dearer to him than all else.

Governor Lumpkin, immediately upon his appointment as commissioner, had
repaired to the Cherokee country, but Governor Carroll, owing to some
pending negotiations with the Choctaws and subsequently to ill health,
was unable to assume the duties assigned him. He was succeeded[433]
by John Kennedy. To this commission a third member was added in the
summer of 1837[434] in the person of Colonel Guild, who was found to
be ineligible, however, by reason of being a member of the Tennessee
legislature. His place was supplied by the appointment[435] of James W.
Gwin, of North Carolina.

On the 22d of December James Liddell was also appointed, _vice_
Governor Lumpkin resigned.[436]

Superintendent Currey having died, General Nathan Smith was
appointed[437] to succeed him as superintendent of emigration.

_Census of Cherokee Nation._--It appears from a statement about this
time,[438] made by the Commissioner of Indian Affairs, that from a
census of the Cherokees, taken in the year 1835, the number residing
in the States of Georgia, North Carolina, Alabama, and Tennessee
was 16,542, exclusive of slaves and of whites intermarried with
Cherokees.[439]

In May, 1837,[440] General Wool was relieved from command at his own
request, and his successor, Col. William Lindsay, was instructed to
arrest John Ross and turn him over to the civil authorities in case he
did anything further calculated to excite a spirit of hostility among
the Cherokees on the subject of removal. This threat, however, seemed
to have little effect, for we find Mr. Ross presiding over a general
council, convened at his instigation, on the 31st of July, to attend
which the Government hastily dispatched Mr. John Mason, Jr., with
instructions to traverse and correct any misstatements of the position
of the United States authorities that might be set forth by Ross and
his followers. An extract from Mr. Mason's report has already been
given.

_Cherokee memorial in Congress._--Again, in the spring of 1838 Ross
laid before Congress a protest and memorial for the redress of
grievances, which, in the Senate, was laid upon the table[441] by a
vote of 36 to 10, and a memorial from citizens of New York involving an
inquiry into the validity of the treaty of 1835 shared a similar fate
in the House of Representatives two days later by a vote of 102 to 75.

_Speech of Henry A. Wise._--The discussion of these memorials in
Congress took a wide range and excited the warmest interest, not
only in that body, but throughout the country. The speeches were
characterized by a depth and bitterness of feeling such as had never
been exceeded even on the slavery question. Hon. Henry A. Wise, of
Virginia, who was then a member of the House of Representatives from
that State, was especially earnest in his denunciation of the treaty
of 1835 and of the administration that had concluded it. He looked
upon it as null and void. In order to make treaties binding the assent
of both parties must be obtained, and he would assert without fear of
contradiction that there was not one man in that House or out of it
who had read the proceedings in the case who would say that there had
ever been any assent given to that treaty by the Cherokee Nation. If
this were the proper time he could go further and show that Georgia
had done her part, too, in this oppression. He could show this by
proving the policy of that State in relation to the Indians and the
institutions of the General Government. That was the only State in the
Union that had ever actually nullified, and she now tells you that if
the United States should undertake to naturalize any portion of the
Indian tribes within her limits as citizens of the United States she
would do so again. He had not disparaged the surrounding people of
Georgia, far from it--"but" (said he) "there are proofs around us in
this city of the high advancement in civilization which characterizes
the Cherokees." He would tell the gentleman from Georgia (Mr. Halsey)
that a statesman of his own State, who occupied a high and honorable
post in this Government, would not gain greatly by a comparison, either
in civilization or morals, with a Cherokee chief whom he could name. He
would fearlessly institute such a comparison between John Ross and John
Forsyth.[442]

_Speech of Daniel Webster._--Mr. Webster, of Massachusetts, also took
occasion[443] to remark in the Senate that "there is a strong and
growing feeling in the country that great wrong has been done to the
Cherokees by the treaty of New Echota."

_President Van Buren proffers a compromise._--Public feeling became so
deeply stirred on the subject that, in the interests of a compromise,
President Van Buren, in May, 1838, formulated a proposition to allow
the Cherokees two years further time in which to remove, subject to the
approval of Congress and the executives of the States interested.

_Georgia hostile to the compromise._--To the communication addressed to
Governor Gilmer, of Georgia, on the subject, he responded:

* * * I can give it no sanction whatever. The proposal could
not be carried into effect but in violation of the rights of
this State. * * * It is necessary that I should know whether the
President intends by the instructions to General Scott to require
that the Indians shall be maintained in their occupancy by an armed
force in opposition to the rights of the owners of the soil. If
such be the intention, a direct collision between the authorities
of the State and the General Government must ensue. My duty will
require that I shall prevent any interference whatever by the
troops with the rights of the State and its citizens. I shall not
fail to perform it.

This called forth a hurried explanation from the Secretary of War
that the instructions to General Scott were not intended to bear the
construction placed upon them by the executive of Georgia, but, on the
contrary, it was the desire and the determination of the President to
secure the removal of the Cherokees at the earliest day practicable,
and he made no doubt it could be effected the present season.[444]

GENERAL SCOTT ORDERED TO COMMAND TROOPS IN THE CHEROKEE COUNTRY.

The executive machinery under the treaty had in the mean time been
placed in operation, and at the beginning of the year 1838, 2,103
Cherokees had been removed, of whom 1,282 had been permitted to remove
themselves.[445]

Intelligence having reached the President, however, causing
apprehension that the mass of the nation did not intend to remove as
required by the treaty General Winfield Scott was ordered[446] to
assume command of the troops already in the nation, and to collect an
increased force, comprising a regiment of artillery, a regiment of
infantry, and six companies of dragoons. He was further authorized,
if deemed necessary, to call upon the governors of Tennessee, North
Carolina, Georgia, and Alabama for militia and volunteers, not
exceeding four thousand in number, and to put the Indians in motion for
the West at the earliest moment possible, following the expiration of
the two years specified in the treaty.

_Proclamation of General Scott._--On reaching the scene of operations
General Scott issued[447] a proclamation to the Cherokees in which he
announced that--

The President of the United States has sent me with a powerful
army to cause you, in obedience to the treaty of 1835, to join
that part of your people who are already established in prosperity
on the other side of the Mississippi. Unhappily the two years *
* * allowed for that purpose you have suffered to pass away * *
* without making any preparation to follow, and now * * * the
emigration must be commenced in haste. * * * The full moon of May
is already on the wane, and before another shall have passed away
every Cherokee, man, woman, and child * * * must be in motion
to join their brethren in the far West. * * * This is no sudden
determination on the part of the President. * * * I have come
to carry out that determination. My troops already occupy many
positions, * * * and thousands and thousands are approaching from
every quarter to render resistance and escape alike hopeless. * * *
Will you then by resistance compel us to resort to arms? * * * Or
will you by flight seek to hide yourselves in mountains and forests
and thus oblige us to hunt you down? Remember that in pursuit it
may be impossible to avoid conflicts. The blood of the white man
or the blood of the red man may be spilt, and if spilt, however
accidentally, it may be impossible for the discreet and humane
among you, or among us, to prevent a general war and carnage.

JOHN ROSS PROPOSES A NEW TREATY.

John Ross, finding no sign of wavering in the determination of the
President to promptly execute the treaty, then submitted[448] a project
for the negotiation of a new treaty as a substitute for that of 1835,
and differing but little from it in its proposed provisions, except in
the idea of securing a somewhat larger consideration, as well as some
minor advantages. He was assured in reply that while the United States
were willing to extend every liberality of construction to the terms
of the treaty of 1835 and to secure the Cherokee title to the western
country by patent, they could not entertain the idea of a new treaty.

As soon as it became absolutely apparent, not only that the Cherokees
must go but that no unnecessary delay would be tolerated beyond the
limit fixed by the treaty, a more submissive spirit began to be
manifested among them. During the summer of 1838 several parties of
emigrants were dispatched under the direction of officers of the Army.
The number thus removed aggregated about 6,000.[449]

CHEROKEES PERMITTED TO REMOVE THEMSELVES.

Later in the season John Ross and others, by virtue of a resolution of
the national council, submitted a proposition to General Scott that
the remainder of the business of emigration should be confided to the
nation, and should take place in the following September and October,
after the close of the sickly season, the estimated cost of such
removal to be fixed at $65.88 per head. To this proposal assent was
given,[450] and the last party of Cherokee emigrants began their march
for the West on the 4th of December, 1838.[451] Scattered through the
mountains of North Carolina and Tennessee, however, were many who had
fled to avoid removal, and who, nearly a year later, were represented
to number 1,046,[452] and Mr. James Murray was, in the spring of 1840,
appointed[453] a commissioner to ascertain and enroll for removal those
entitled to the benefits of the treaty of 1835.

DISSENSIONS AMONG CHEROKEES IN THEIR NEW HOME.

The removal of the Cherokees having at last been accomplished, the
next important object of the Government was to insure their internal
tranquillity, with a view to the increase and encouragement of those
habits of industry, thrift, and respect for lawfully constituted
authority which had made so much progress among them in their
eastern home. But this was an undertaking of much difficulty. The
instrumentalities used by the Government in securing the conclusion and
approval of not only the treaty of 1835 but also those of 1817 and 1819
had caused much division and bitterness in their ranks, which had on
many occasions in the past cropped out in acts of injustice and even
violence.

Upon the coming together of the body of the nation in their new country
west of the Mississippi, they found themselves torn and distracted by
party dissensions and bitterness almost beyond hope of reconciliation.
The parties were respectively denominated:

1. The "Old Settler" party, composed of those Cherokees who had prior
to the treaty of 1835 voluntarily removed west of the Mississippi, and
who were living under a regularly established form of government of
their own.

2. The "Treaty" or "Ridge" party, being that portion of the nation led
by John Ridge, and who encouraged and approved the negotiation of the
treaty of 1835.

3. The "Government" or "Ross" party, comprising numerically a large
majority of the nation, who followed in the lead of John Ross, for many
years the principal chief of the nation, and who had been consistently
and bitterly hostile to the treaty of 1835 and to any surrender of
their territorial rights east of the Mississippi.

Upon the arrival of the emigrants in their new homes, the Ross party
insisted upon the adoption of a new system of government and a code
of laws for the whole nation. To this the Old Settler party objected,
and were supported by the Ridge party, claiming that the government
and laws already adopted and in force among the Old Settlers should
continue to be binding until the general election should take place in
the following October, when the newly elected legislature could enact
such changes as wisdom and good policy should dictate.[454] A general
council of the whole nation was, however, called to meet at the new
council-house at Takuttokah, having in view a unification of interests
and the pacification of all animosities. The council lasted from
the 10th to the 22d of June, but resulted in no agreement. Some six
thousand Cherokees were present. A second council was called by John
Ross for a similar purpose, to meet at the Illinois camp-ground on the
1st of July, 1839.[455]

_Murder of Boudinot and the Ridges._--Immediately following the
adjournment of the Takuttokah council three of the leaders of the
Treaty party, John Ridge, Major Ridge his father, and Elias Boudinot
were murdered[456] in the most brutal and atrocious manner. The
excitement throughout the nation became intense. Boudinot was murdered
within 300 yards of his house, and only 2 miles distant from the
residence of John Ross. The friends of the murdered men were persuaded
that the crimes had been committed at the instigation of Ross, as it
was well known that the murderers were among his followers. Ross's
friends, however, at once rallied to his protection and a volunteer
guard of six hundred patrolled the country in the vicinity of his
residence.[457]

A number of the chiefs and prominent men of the Old Settler and Ridge
parties fled to Port Gibson for safety. From there on the 28th of
June, John Brown, John Looney, John Rogers, and John Smith, signing
themselves as the executive council of the Western Cherokees, addressed
a proposition to John Ross to send a delegation of the chiefs and
principal men of his party with authority to meet an equal number of
their own at Fort Gibson, with a view to reach an amicable agreement
between the different factions. Ross responded[458] by inviting them
to meet at the council convened upon his call on the 1st of July,
which was declined. A memorial was thereupon[459] addressed to the
authorities of the United States by Brown, Looney, and Rogers as
chiefs of the Western Cherokees, demanding protection in the territory
and government guaranteed to them by treaty. Against this appeal the
Ross convention or council in session at Illinois camp-ground filed a
protest.[460] Between the dates of the appeal and the protest a part
of the Old Settlers, acting in concert with Ross and his adherents,
passed resolutions[461] declaratory of their disapproval of the conduct
of Brown and Rogers, and proclaimed their deposition from office as
chiefs. Looney escaped deposition by transferring his fealty to the
Ross party.

_Unification of Eastern and Western Cherokees._--It is proper to remark
in this connection that on the 12th of July the Ross council adopted
resolutions uniting the Eastern and the Western Cherokees "into one
body politic under the style and title of the Cherokee Nation." This
paper, without mentioning or referring to the treaty of 1835, speaks
of the late emigration as constrained by the force of circumstances.
The council also passed[462] a decree, wherein after reciting the
murders of the Ridges and Boudinot, and that they in conjunction
with others had by their conduct rendered themselves liable to the
penalties of outlawry, extended to the survivors a full amnesty for
past offenses upon sundry very stringent and humiliating conditions.
They also passed[463] a decree condoning the crime of the murderers,
securing them from any prosecution or punishment by reason thereof,
and declaring them fully restored to the confidence and favor of the
community.

_Treaty of 1835 declared void._--At a council held at Aquohee Camp a
decree was passed on the 1st of August, declaring the treaty of 1835
void, and reasserting the Cherokee title to their old country east of
the Mississippi. Later in the same month a decree was passed,[464]
citing the appearance before them, under penalty of outlawry, of the
signers of the treaty of 1835, to answer for their conduct. This act
called forth[465] a vigorous protest from General Arbuckle, commanding
Fort Gibson, and was supplemented by instructions[466] to him from the
Secretary of War to cause the arrest and trial of Ross as accessory to
the murder of the Ridges in case he should deem it wise to do so.

_Constitution adopted by the Cherokee Nation._--A convention summoned
by Ross and composed of his followers, together with such members of
the Treaty and Old Settler parties as could be induced to participate,
convened and remained in session at Tahlequah from the 6th to the 10th
of September, 1839. This body adopted a constitution for the Cherokee
Nation, which was subsequently accepted and adopted by the Old Settlers
or Western Cherokees in council at Fort Gibson on the 26th of the
following June, and an act of union was entered into between the two
parties on that date.

_Division of Cherokee territory proposed._--A proposition had been
previously[467] submitted by the representatives of the Treaty and
Old Settler parties, urging as the only method of securing peace the
division of the Cherokee domain and annuities. They recommended that
General Arbuckle and Captain Armstrong be designated to assign to them
and to the Ross party each their proportionate share according to their
numbers, but the adoption of this act of union avoided any necessity
for the further consideration of the proposal. As a means also of
relieving the Cherokees from further internal strife, General Arbuckle
had,[468] pursuant to the direction of the Secretary of War, notified
them that, in consequence of his public acts, John Ross would not be
allowed to hold office in the nation, and that a similar penalty was
denounced against William S. Coody for offensive opinions expressed in
the presence of the Secretary of War.[469] Little practical effect was
however produced upon the standing or influence of these men with their
people.

Skeptical of the sincerity of the promises of peace and good feeling
held out by the act of unification, John Brown, a noted leader and
chief of the Old Settler Cherokees, in conjunction with many of his
followers, among whom were a number of wandering Delawares, asked and
obtained permission from the Mexican Government to settle within the
jurisdiction of that power, and they were only persuaded to remain by
the earnest assurances of the Secretary of War that the United States
could and would fully protect their interests.[470]

CHEROKEES CHARGE THE UNITED STATES WITH BAD FAITH.

No sooner had the removal of the Cherokees been effectually
accomplished than the latter began to manifest much dissatisfaction
at what they characterized a lack of good faith on the part of the
Government in carrying out the stipulations of the treaty of 1835. The
default charged had reference to the matter of payment of their claims
for spoliations, improvements, annuities, etc. Each winter at least
one delegation from the nation maintained a residence in Washington
and urged upon the Executive and Congress with untiring persistency an
adjudication of all disputed matters arising under the treaty.

At length the term of President Van Buren expired and was succeeded
by a Whig administration. Then as now, the official acts of an
outgoing political party were considered to be the legitimate subject
of criticism and investigation by its political enemies. President
Harrison lived but a month after assuming the duties of his office, but
Vice-President Tyler as his successor considered that the treatment to
which the Cherokees had been subjected during Jackson's and Van Buren's
administrations would afford a field for investigation fraught with a
rich harvest of results in political capital for the Whig party.

_President Tyler promises a new treaty._--Accordingly, therefore,
in the fall of 1841, just previous to the departure of the Cherokee
delegation from Washington to their homes, the President agreed to
take proper measures for the settlement of all their difficulties,
expressing a determination to open the whole subject of their
complaints and to bring their affairs to a satisfactory conclusion
through the medium of a new treaty. In conformity with this
determination the Commissioner of Indian Affairs[471] instructed the
agent for the Cherokees to procure all the information possible to be
obtained upon every subject connected with Cherokee affairs having a
tendency to throw any light upon the wrongs and injustice they might
have sustained to the end that full amends could so far as possible be
made therefor. Before much information was collected under the terms
of these instructions a change seems to have taken place in the views
of the President, and the order for investigation was revoked. The
draft of the new treaty was, however, in the mean time prepared under
direction of the Secretary of War. It contained provisions regulating
the licensing of traders in the Cherokee country, the jurisdiction over
crimes committed by citizens of the United States resident in that
country, the allotment of their lands in severalty by the Cherokee
authorities, and the establishment of post-offices and post-routes
within their limits. It further contemplated the appointment of two
commissioners, whenever Congress should make provision therefor, whose
duty it should be to examine into and make a report to that body upon
the character, validity, and equity of all claims of whatsoever kind
presented by Cherokees against the United States, and also to afford
the Cherokees pecuniary aid in the purchase of a printing press and
type as well as in the erection of a national council-house. This
treaty, however, was never consummated.

_President Jackson's method for compelling Cherokee removal._--In
connection with this subject of an investigation into the affairs of
the Cherokees, a confidential letter is to be found on file in the
office of the Commissioner of Indian Affairs, from Hon. P. M. Butler,
of South Carolina, who had a few months previous to its date[472]
been appointed United States agent for the Cherokees, interesting as
throwing light on the negotiation and conclusion of the treaty of 1835.
Mr. Butler says it is alleged, and claimed to be susceptible of proof,
that Mr. Merriweather, of Georgia, in an interview with President
Jackson, a considerable time before the treaty was negotiated, said
to the President, "We want the Cherokee lands in Georgia, but the
Cherokees will not consent to cede them," to which the President
emphatically replied, "You must get clear of them [the Cherokees] by
legislation. Take judicial jurisdiction over their country; build fires
around them, and do indirectly what you cannot effect directly."

PER CAPITA PAYMENTS UNDER THE TREATY.

In the same letter Mr. Butler, in alluding to the existing difficulties
in the Cherokee Nation, observes that prior to the preceding October
the Ross party had been largely in the ascendency in the nation,
but that at their last preceding election the question hinged upon
whether the "per capita" money due them under the treaty of 1835
should be immediately paid over to the people. The result was in favor
of the Ridge party, who assumed the affirmative of the question, the
opposition of Ross and his party being predicated on the theory that
an acceptance of this money would be an acknowledgment of the validity
of the treaty of 1835. This, it was feared, would have an unfavorable
effect on their efforts to secure the conclusion of a new treaty on
more satisfactory terms. On the settlement of this per capita tax,
Mr. Butler remarks, will depend the peace and safety of the Cherokee
Nation, adding that should the rumors afloat prove true, to the effect
that the per capita money was nearly exhausted, neither the national
funds in the hands of the treasurer nor the life of Mr. Ross would be
safe for an hour from the infuriated members of the tribe.

POLITICAL MURDERS IN CHEROKEE NATION.

In the spring of 1842 an event occurred which again threw the whole
nation into a state of the wildest excitement. The friends of the
murdered Ridges and Boudinot had never forgiven the act, nor had
time served to soften the measure of their resentment against the
perpetrators and their supposed abettors. Stand Watie had long been
a leader among the Ridge party and had been marked for assassination
at the time of the murders just alluded to. He was a brother of John
Ridge, one of the murdered men, and he now, in virtue of his mission as
an avenger, killed James Foreman, a member of the Ross party and one of
the culprits in the murder of the Ridges. Although Stand Watie excused
his conduct on the score of having come to a knowledge of certain
threats against his life made by Foreman, no event could at that time
have been more demoralizing and destructive of the earnestly desired
era of peace and good feeling among the Cherokee people. From that
time forward all hope of a sincere unification of the several tribal
factions was at an end.

ADJUDICATION COMMISSIONERS APPOINTED.

In the autumn of 1842[473] the President appointed John H. Eaton
and James Iredell as commissioners to adjudicate and settle claims
under the treaty of 1835. Mr. Iredell declined, and Edward B. Hubley
was appointed[474] to fill his place. This tribunal was created to
continue the uncompleted work of the board appointed in 1836 under the
provisions of the same article, the labors of which had terminated in
March, 1839, having been in session more than two years.

[Footnote 346: United States Statutes at Large, Vol. VII, p. 488.]

[Footnote 347: May 27, 1828.]

[Footnote 348: Letter of War Department to Hugh Montgomery, Cherokee
agent, May 27, 1828, and to General William Carroll, May 30, 1829.]

[Footnote 349: December 18, 1828.]

[Footnote 350: Letter of T. L. McKenney to Secretary of War, November,
17, 1829.]

[Footnote 351: Letter of T. L. McKenney to Hugh Montgomery, Cherokee
agent, August 6, 1830.]

[Footnote 352: Letter of Cherokee delegation (East) to Secretary of
War, January 21, 1829.]

[Footnote 353: Letter of Secretary of War to Cherokee delegation, April
18, 1829.]

[Footnote 354: December 20, 1828.]

[Footnote 355: Agent Montgomery to the Secretary of War, July 11, 1829.]

[Footnote 356: Secretary of War to General William Carroll, May 27,
1829.]

[Footnote 357: June 25, 1829.]

[Footnote 358: November 19, 1829.]

[Footnote 359: June 23, 1829.]

[Footnote 360: December 19, 1829.]

[Footnote 361: Among other legislation on this subject enacted by
Georgia may be enumerated the following, viz:

1. A penalty of forfeiture of all right to his land and improvements
was denounced against any Cherokee who should employ any white man,
or the slave of any white man, as a tenant-cropper, or assistant in
agriculture, or as a miller or millwright.

2. Any Indian who should enroll for emigration and afterwards refuse to
emigrate should forfeit all right to any future occupancy within the
State.

3. No Indian should be allowed the use of more than 160 acres of land,
including his dwelling house.

4. Grants were to be issued for all lots drawn in the late land and
gold lottery, though they might lie within the improvements of an
Indian who had by any previous Cherokee treaty received a reservation
either in Georgia or elsewhere.

5. No contract between a white man and an Indian, either verbal or
written, should be binding unless established by the testimony of two
white witnesses.

6. Any Indian forcibly obstructing the occupancy by the drawer of
any lot drawn in the land and gold lottery should be subject to
imprisonment in the discretion of the court.]

[Footnote 362: Letter of War Department to Hugh Montgomery, Cherokee
agent, June 9, 1830.]

[Footnote 363: Letter of Acting Secretary of War to H. Montgomery,
Cherokee Agent, June 18, 1830.]

[Footnote 364: Letter of Acting Secretary of War to H. Montgomery,
Cherokee Agent, June 26, 1830.]

[Footnote 365: September 1, 1830.]

[Footnote 366: October 20, 1830.]

[Footnote 367: Action of Cherokee national council, October 22, 1830.]

[Footnote 368: Cherokee Nation _vs._ State of Georgia, Peters's United
States Supreme Court Reports, Vol. V, p. 1.]

[Footnote 369: April 17, 1832.]

[Footnote 370: July 18, 1832.]

[Footnote 371: September 4, 1832.]

[Footnote 372: Worcester _vs._ State of Georgia, Peters's United States
Supreme Court Reports, Vol. VI, p. 515.]

[Footnote 373: According to the statement of Hon. Geo. N. Briggs, a
member of Congress from Massachusetts, President Jackson remarked,
after the case of Worcester _vs._ State of Georgia was decided, "Well,
John Marshall has made his decision, now let him enforce it."]

[Footnote 374: Treaty June 1, 1773, between the British superintendent
of Indian affairs and the Creeks and Cherokees.]

[Footnote 375: United States Statutes at Large, Vol. VII, p. 237.]

[Footnote 376: Letter of D. B. Mitchell, Creek agent, to Secretary of
War.]

[Footnote 377: See Indian Office files for these two treaties.]

[Footnote 378: United States Statutes at Large, Vol. VII, p. 171.]

[Footnote 379: Ib., p. 215.]

[Footnote 380: United States Statutes at Large, Vol. VII, p. 237.]

[Footnote 381: Ib., p. 289.]

[Footnote 382: Ib., p. 307; Creek treaty of November 15, 1827.]

[Footnote 383: Letter of Secretary of War to D. B. Mitchell, Creek
agent.]

[Footnote 384: Letter of Governor Forsyth, of Georgia, to Samuel A.
Wales, May 5, 1829.]

[Footnote 385: Letter of Montgomery to Wales, May 13, 1829.]

[Footnote 386: October 10, 1829.]

[Footnote 387: December 30, 1829.]

[Footnote 388: January 15, 1830.]

[Footnote 389: March 14, 1830.]

[Footnote 390: Secretary of War to Governor Gilmer, of Georgia, June 1,
1830.]

[Footnote 391: The following paper, which is on file in the Office of
Indian Affairs, is interesting in connection with the subject matter of
this boundary:

Extract from treaties and other documents relative to the Cherokee
lines in contact with the Creeks and Chickasaws west of Coosa River:

"_June 10, 1786._--In the treaty of this date with the Chickasaws the
lands allotted them eastwardly 'shall be the lands allotted to the
Choctaws and Cherokees to live and hunt on.' In the conference which
took place between the commissioners of the United States and the
Chickasaws and Cherokees, it was apparent that their claims conflicted
with each other on the ridge dividing the waters of Cumberland from
those of Duck River and around to the Chickasaw Oldtown Creek on
Tennessee, thence southwardly, leaving the mountains above the Muscle
Shoals on the south side of the river, and to a large stone or flat
rock, where the Choctaw line joined with the Chickasaws. The journal
of occurrences at the time were lodged with the papers of the old
Congress, and probably were transferred to the office of Secretary of
State. On the 7th of January, 1806, in a convention between the United
States and Cherokees, on the part of the former by Mr. Dearborn, the
United States engaged to use their best endeavors to fix a boundary
between the Cherokees and Chickasaws, 'beginning at the mouth of Caney
Creek, near the lower part of the Muscle Shoals, and to run up the said
creek to its head, and in a direct line from thence to the flat stone
or rock, the old corner boundary,' the line between the Creeks and
Cherokees east of Coosau River.

"In 1802, at the treaty of Fort Wilkinson, it was agreed between the
parties that the line was 'from the High Shoals on Apalatche, the old
path, leaving Stone Mountain to the Creeks, to the shallow ford on the
Chatahoochee.'

"This agreement was in presence of the commissioners of the United
States and witnessed by General Pickens and Colonel Hawkins. On the
10th October, 1809, a letter was sent from the Cherokees to the Creeks
and received in February in the public square at Tookaubatche, stating
the line agreed upon at Fort Wilkinson, and that 'all the waters of
Etowah down to the ten islands below Turkeytown these lands were given
up to the Cherokees at a talk at Chestoe in presence of the Little
Prince, and Tustunnuggee Thlucco Chulioah, of Turkeystown, was the
interpreter.'

"In August, 1814, at the treaty of Fort Jackson, the Creeks and
Cherokees were invited to settle their claims, and Colonel Meigs was
engaged for three or four days in aiding them to do so. The result was
they could not agree, but would at some convenient period agree. This
was signed by General Jackson, Colonel Hawkins, and Colonel Meigs.

"At the convention with the Creeks, in September, 1815, the Cherokees
manifested a sincere desire to settle their boundaries with the Creeks,
but the latter first declined and then refused. Tustunnuggee Thlucco,
being asked where their boundary was west of Coosau, said there never
was any boundary fixed and known as such between the parties, and after
making Tennessee the boundary from tradition, and that the Cherokees
obtained leave of them to cross it, the policy of the Creeks receiving
all destroyed red people in their confederacy, the Cherokees were
permitted to come over and settle as low down on the west of Coosau
as Hauluthee Hatchee, from thence on the west side of Coosau on all
its waters to its source. He has never heard, and he has examined
all his people who can have any knowledge on the subject, that the
Cherokees had any pretensions lower down Coosau on that side. He does
not believe, and he has never heard, there was any boundary agreed
upon between them. Being asked by Colonel Hawkins his opinion where
the boundary should be, he says it should go up Hauluthee Hatchee,
passing a level of good land between two mountains, to the head of
Itchau Hatchee, and down the same to Tennessee, about 8 or 9 miles
above Nickajack. In the year 1798 the Cherokees had a settlement at
the Muscle Shoals, Doublehead and Katagiskee were the chiefs, and the
Creeks had a small settlement above the Creek path on Tennessee. The
Cherokee settlement extended southwardly from the shoal probably a mile
and a half. The principal temporary agent for Indian affairs south of
the Ohio was early instructed in 1777 to ascertain the boundary line
of the four nations, and instructions were given accordingly by him
to Mr. Dinsmore and Mr. Mitchell to aid in doing it. Several attempts
were made, but all proved abortive, owing to the policy of the Creeks,
which was to unite the four nations in one confederacy and the national
affairs of all to be in a convention to be held annually among the
Creeks, where the speaker for the Creeks should preside.

"At every attempt made among the Creeks when these conventions met,
the answer was, 'We have no dividing lines, nor never had, between us.
We have lines only between us and the white people, our neighbors.' At
times, when the subject was discussed in the convention of the Creeks,
they claimed Tombigby, called by them Choctaw River (Choctau Hatchee),
the boundary line between them and the Choctaws. Tustunneggee Hopoie,
brother of the old Efau Hajo (mad dog), who died at ninety-six years
of age, and retained strength of memory and intelligence to this great
age, reported publicly to the agent, 'When he was a boy his father's
hunting camp was at Puttauchau Hatchee (Black Warrior).' His father had
long been at the head of the Creeks, and always told him 'Choctaw River
was their boundary with the Choctaws.' He never saw a Choctaw hunting
camp on this side the Black Warrior.

"A true copy from the original.

"PHIL. HAWKINS, JR.,
"_Ast. A. I. A._"]

[Footnote 392: Letter of Secretary of War to Governor Lumpkin, of
Georgia, March 12, 1833.]

[Footnote 393: March 21, 1833.]

[Footnote 394: Commissioner of Indian Affairs to Agent Montgomery,
April 22, 1833.]

[Footnote 395: Secretary of War to Governor Lumpkin, of Georgia,
January 28, 1834.]

[Footnote 396: March 28, 1834.]

[Footnote 397: May 1, 1834.]

[Footnote 398: March 3, 1834.]

[Footnote 399: Letter of John Ross and others to Secretary of War,
inclosing protest, May 24, 1834.]

[Footnote 400: Letter of Hon. J. H. Eaton to John Ross, May 26, 1834.]

[Footnote 401: May 29, 1834.]

[Footnote 402: Secretary of War to governor of Georgia, July 8, 1834.]

[Footnote 403: May 17, 1834.]

[Footnote 404: The Ross delegation was composed of John Ross, R.
Taylor, Daniel McCoy, Samuel Gunter, and William Rogers. The Ridge
delegation consisted of John Ridge, William A. Davis, Elias Boudinot,
A. Smith, S. W. Bell, and J. West.]

[Footnote 405: February 11, 1835.]

[Footnote 406: Memorandum delivered by Secretary of War to Senator
King, of Georgia, February 28, 1835.]

[Footnote 407: Memorandum delivered by Secretary of War to Senator
King, of Georgia, February 28, 1835.]

[Footnote 408: March 16, 1835.]

[Footnote 409: September 10, 1835.]

[Footnote 410: September 26, 1835.]

[Footnote 411: Senate Document 120, Twenty-fifth Congress, second
session, p. 124.]

[Footnote 412: See proceedings of council.]

[Footnote 413: National Intelligencer, May 22, 1838.]

[Footnote 414: Schermerhorn to Commissioner of Indian Affairs, December
31, 1835.]

[Footnote 415: See report of proceedings of council.]

[Footnote 416: National Intelligencer, May 22, 1838.]

[Footnote 417: United States Statutes at Large, Vol. VII, p. 488.]

[Footnote 418: In addition to these sums, an appropriation of
$1,047,067 was made by the act of June 13, 1838, in full of all objects
specified in the third supplemental article and for the one year's
subsistence provided for in the treaty.]

[Footnote 419: Commissioner of Indian Affairs to John Ross, March 9,
1836.]

[Footnote 420: Hon. P. M. Butler, in a confidential letter to the
Commissioner of Indian Affairs, March 4, 1842, says: "The treaty, as
the Department is aware, was sustained by the Senate of the United
States by a majority of one vote."]

[Footnote 421: United States Statutes at Large, Vol. VII, p. 478 _et
seq._]

[Footnote 422: July 25, 1836.]

[Footnote 423: July 30, 1836.]

[Footnote 424: The Secretary of War, October 12, 1836, directed General
Wool to inform Mr. Ross that the President regarded the proceedings
of himself and associates in council as in direct contravention of
the plighted faith of their people, and a repetition of them would be
considered as indicative of a design to prevent the execution of the
treaty even at the hazard of actual hostilities, and they would be
promptly repressed.]

[Footnote 425: October 17, 1836.]

[Footnote 426: Senate confidential document, April 12, 1836, p. 200.]

[Footnote 427: National Intelligencer, May 22, 1838.]

[Footnote 428: National Intelligencer, May 22, 1838.]

[Footnote 429: June 3, 1837.]

[Footnote 430: July 15, 1837.]

[Footnote 431: September 25, 1837.]

[Footnote 432: September 30, 1836.]

[Footnote 433: October 25, 1836.]

[Footnote 434: Secretary of War to Andrew Jackson, August 21, 1837.]

[Footnote 435: October 16, 1837.]

[Footnote 436: The amounts adjudicated and paid by this commission, as
shown by the records of the Indian Office (see Commissioner of Indian
Affairs' letter of March 7, 1844), were as follows:

1. For improvements $1,683,192 77-1/2

2. Spoliations 416,306 82-1/2

3. National debts due to Cherokees 19,058 14

4. National debts due to citizens of the United States 51,642 87

5. Reservations 159,324 87

_________________

Total 2,329,524 86

(The figures as given here are correctly copied from the commissioner's
letter, but there is an obvious error either in the footing or in the
items.)]

[Footnote 437: January 3, 1837.]

[Footnote 438: December 1, 1836.]

[Footnote 439: This census showed a distribution of the Cherokee
population, according to State boundaries, as follows:

+-----------------+----------+-------+--------------------+
| | | |Whites intermarried |
| States. |Cherokees.|Slaves.| with |
| | | | Cherokees. |
+-----------------+----------+-------+--------------------+
|In Georgia | 8,946| 776| 68|
|In North Carolina| 3,644| 37| 22|
|In Tennessee | 2,528| 480| 79|
|In Alabama | 1,424| 299| 32|
| +----------+-------+--------------------+
| Total | 16,542| 1,592| 201|
+-----------------+----------+-------+--------------------+
]

[Footnote 440: Secretary of War to Col. William Lindsay, May 8, 1837.]

[Footnote 441: March 26, 1838.]

[Footnote 442: Speech in reply to Mr. Halsey, of Georgia, January 2,
1838.]

[Footnote 443: May 22, 1838.]

[Footnote 444: National Intelligencer, June 8, 1838.]

[Footnote 445: Secretary of War to James K. Polk, Speaker of the House
of Representatives, January 8, 1838.]

[Footnote 446: General Macomb to General Scott, April 6, 1838.]

[Footnote 447: May 10, 1838.]

[Footnote 448: May 18, 1838.]

[Footnote 449: Annual report of Commissioner of Indian Affairs,
November 25, 1838.]

[Footnote 450: Proposal was accepted July 25; emigration to begin
September 1 and end before October 20, 1838.]

[Footnote 451: The number, according to the rolls of John Ross, who
removed under his direction, was 13,149. According to the rolls of
Captain Stevenson, the agent who received them on their arrival West,
there were only 11,504, and, according to Captain Page, the disbursing
officer, there were 11,721. Mr. Ross received on his settlement with
Captain Page subsequent to the removal, $486,939.50-1/4, which made a
total payment to Ross by the Government on account of Cherokee removals
of $1,263,338.38. (Letter of Commissioner Indian Affairs, June 15,
1842). See, also, Commissioner of Indian Affairs to Commissioner of
Land Office, January 9, 1839.]

[Footnote 452: Commissioner of Indian Affairs to Secretary of War,
September 12, 1839.]

[Footnote 453: April 21, 1840.]

[Footnote 454: Report of Commissioner of Indian Affairs for 1839.]

[Footnote 455: Letter of John Ross to General Arbuckle, June 24, 1839.]

[Footnote 456: June 22, 1839.]

[Footnote 457: Agent Stokes to Secretary of War, June 24, 1839.]

[Footnote 458: July 5, 1839.]

[Footnote 459: August 9, 1839.]

[Footnote 460: August 27, 1839.]

[Footnote 461: August 23, 1839.]

[Footnote 462: July 7, 1839.]

[Footnote 463: July 10, 1839.]

[Footnote 464: August 21, 1839.]

[Footnote 465: September 4, 1839, _et seq._]

[Footnote 466: November 9, 1839.]

[Footnote 467: January 22, 1840.]

[Footnote 468: April 21, 1840.]

[Footnote 469: Coody, in an interview with the Secretary of War,
persisted in considering the murders of Boudinot and the Ridges as
justifiable. General Arbuckle's letter of notification bore date April
21, 1840.]

[Footnote 470: Commissioner of Indian Affairs to Maj. William
Armstrong, August 26, 1840.]

[Footnote 471: September 22, 1841.]

[Footnote 472: March 4, 1842.]

[Footnote 473: September 9, 1842.]

[Footnote 474: November 8, 1842.]

TREATY CONCLUDED AUGUST 6, 1846; PROCLAIMED AUGUST 17, 1846.[475]

_Held at Washington, D. C., between Edmund Burke, William
Armstrong, and Albion K. Parris, commissioners on behalf of the
United States, and delegates representing each of the three
factions of the Cherokee Nation, known, respectively, as the
"Government party," the "Treaty party," and the "Old Settler
party."_

MATERIAL PROVISIONS.

The preamble recites the difficulties that have long existed between
the different factions of the nation, and because of the desire to heal
those differences and to adjust certain claims against the United States
growing out of the treaty of 1835 this treaty is concluded, and provides:

1. The lands now occupied by the Cherokee Nation shall be secured
to the whole Cherokee people for their common use and benefit. The
United States will issue a patent therefor to include the 800,000-acre
tract and the western outlet. If the Cherokees become extinct or
abandon the land it shall revert to the United States.

2. All difficulties and differences heretofore existing between the
several parties of the Cherokee Nation are declared to be settled and
adjusted. A general amnesty for all offenses is declared and fugitives
may return without fear of prosecution. Laws shall be passed for the
equal protection of all. All armed police or military organizations shall
be disbanded and the laws executed by civil process. Trial by jury is
guaranteed.

3. The United States agree to reimburse to the Cherokee Nation all
sums unjustly deducted for claims, reservations, expenses, etc., from
the consideration of $5,000,000 agreed to be paid under the treaty of
1835 to the Cherokees for their lands, and to distribute the same as
provided in the ninth article of that treaty.

4. The board of commissioners recently appointed by the President
have declared that under the provisions of the treaty of 1828 the "Old
Settlers," or Western Cherokees, had no exclusive title to the lands
ceded by that treaty as against the Eastern Cherokees, and that by
the equitable operation of that treaty the former acquired a common
interest in the Cherokee lands east of the Mississippi. This interest of
the "Old Settlers" was unprovided for by the treaty of 1835. It is
therefore agreed that a sum equal to one-third of the residuum of per
capita fund left after a proper adjustment of the account for distribution
under the treaty of 1835 shall be paid to said "Old Settlers," and
that in so doing, in estimating the cost of removal and subsistence, it
shall be based upon the rate fixed therefor in the eighth article of the
treaty of 1835. In consideration of the foregoing the "Old Settlers"
release to the United States all interest in the Cherokee lands east of
the Mississippi and all claim to exclusive ownership in the Cherokee
lands west of the Mississippi.

5. The per capita allowance to the "Western Cherokees," or "Old
Settlers," upon the principle above stated, shall be held in trust by the
United States and paid out to each individual or head of family or his
representative entitled thereto in person. The President of the United
States shall appoint five persons as a committee from the "Old Settlers"
to determine who are entitled to the per capita allowance.

6. The United States agree to pay the "Treaty party" the sum of
$115,000 for losses and expenses incurred in connection with the treaty
of 1835, of which $5,000 shall be paid to the legal representatives
or heirs of Major Ridge, $5,000 to those of John Ridge, and $5,000
to those of Elias Boudinot. The remainder shall be distributed among
those who shall be certified by a committee of the "Treaty party" as
entitled, provided that the present delegation of the party may deduct
$25,000, to be by them applied to the payment of claims and expenses.
And if the said sum of $100,000 should be insufficient to pay all
claims for losses and damages, then the claimants to be paid pro rata
in full satisfaction of said claims.

7. All individuals of the "Western Cherokees" who have been
dispossessed of salines, the same being their private property, shall
be compensated therefor by the Cherokee Nation, upon an award to be
made by the United States agent and a Cherokee commissioner, or the
salines shall be returned to the respective owners.

8. The United States agree to pay the Cherokee Nation $2,000 for a
printing press, etc., destroyed; $5,000 to be equally divided among all
whose arms were taken from them previous to their removal West by order
of an officer of the United States, and $20,000 in lieu of all claims
of the Cherokee Nation, as a nation, prior to the treaty of 1835,
except lands reserved for school funds.

9. The United States agree to make a fair and just settlement of all
moneys due to the Cherokees and subject to the per capita division
under the treaty of December 29, 1835. This settlement to embrace
all sums properly expended or charged to the Cherokees under the
provisions of said treaty, and which sums shall be deducted from the
sum of $6,647,067. The balance found due to be distributed per capita
among those entitled to receive the same under the treaty of 1835 and
supplement of 1836, being those residing east of the Mississippi River
at that date.

10. Nothing herein shall abridge or take away any rights or claims
which the Cherokees _now_ residing in States east of the Mississippi
River had or may have under the treaty of 1835 and supplement of 1836.

11. It is agreed that the Senate of the United States shall determine
whether the amount expended for one year's subsistence of the
Cherokees, after their removal under the treaty of 1835 and supplement
of 1836, is properly chargeable to the United States or to the Cherokee
funds, and, if to the latter, whether such subsistence shall be charged
at a sum greater than $33-1/3 per head; also, whether the Cherokees
shall be allowed interest upon the sums found to be due them; and, if
so, from what date and at what rate.

12. (The twelfth article was struck out by the Senate.)

13. This treaty to be obligatory after ratification by the Senate and
President of the United States.

HISTORICAL DATA.

CHEROKEES DESIRE A NEW TREATY.

In the spring of 1844 a delegation headed by John Ross arrived in
Washington. In a communication[476] to the Secretary of War they
inclosed a copy of a letter addressed to them by President Tyler on the
20th of September, 1841, previously alluded to, promising them a new
treaty to settle all disputes arising under the treaty of 1835. They
advised the Secretary of their readiness to enter upon the negotiation
of the promised treaty, and submitted[477] a statement of the salient
points of difference to be adjudicated, involving (1) a fair and just
indemnity to be paid to the Cherokee Nation for the country east of the
Mississippi from which they were forced to remove; (2) indemnity for
all improvements, ferries, turnpike roads, bridges, etc., belonging to
the Cherokees; (3) indemnity for spoliations committed upon all other
Cherokee property by troops and citizens of the United States prior
and subsequent to the treaty of 1835; (4) that a title in absolute
fee-simple to the country west of the Mississippi be conveyed to the
Cherokee Nation by the United States; (5) that the political relations
between the Cherokee Nation and the United States be specifically
defined; (6) that stocks now invested by the President for the Cherokee
Nation be guaranteed to yield a specified annual income, and (7) that
provision be made for those Cherokees residing east of the Mississippi
who should evince a desire to emigrate to the Cherokee country west of
that river.

FEUDS BETWEEN THE ROSS, TREATY, AND OLD SETTLER PARTIES.

At this period delegations representing the anti-Ross parties were
also in Washington, and their animosities, coupled with the frequent
and unsavory reports of the events happening in the Cherokee country,
determined the President to conclude no new treaty until the true cause
was ascertained and the responsibility fixed for all this turbulence
and crime.[478] The Old Settler and the Treaty parties alleged that
grievous oppressions were practiced upon them by the Ross party,
insomuch that they were unable to enjoy their liberty, property,
or lives in safety, or to live in peace in the same community. The
Old Settler delegation alleged that the act of union, by virtue of
which their government was superseded and they were subjected to the
constitution and laws of the Ross party, was never authorized or
sanctioned by the legal representatives of their people. _Per contra_,
the Ross delegation alleged that the Old Settler and the Treaty parties
enjoyed the same degree of security and the same fullness of rights
that any other portion of the nation enjoyed, and that the alleged
dissatisfaction was confined to a few restless and ambitious spirits
whose motto was "rule or ruin."

_Commissioners appointed to inquire into Cherokee feuds._--In
consequence of his determination, as above stated, the President
appointed General R. Jones, Col. R. B. Mason, and P. M. Butler
commissioners, with instructions[479] to proceed to the Cherokee
country and ascertain if any considerable portion of the Cherokee
people were arrayed in hostile feeling toward those who ruled the
nation; whether a corresponding disposition and feeling prevailed among
the majority who administered the government toward the minority; the
lengths of oppression, resistance, and violence to which the excitement
of each against the other had severally led the opposing parties, and
whether the discontent was of such extent and intensity among the great
mass of the Old Settler and Treaty parties as to forbid their living
peaceably together under the same government with the Ross party. This
commission convened at Fort Gibson on the 16th of November,[480] but
their labors resulted in nothing of practical benefit to the sorely
distressed Cherokees.

DEATH OF SEQUOYAH OR GEORGE GUESS.

Sequoyah or George Guess, the inventor of the Cherokee alphabet,
removed to the country west of the Mississippi long anterior to the
treaty of 1835,[481] and was for several years one of the national
council of the Western Cherokees.

In the year 1843 he left his home for Mexico in quest of several
scattered bands of Cherokees who had wandered off to that distant
region, and whom it was his intention to collect together with a view
to inducing them to return and become again united with their friends
and kindred.

He did not meet with the success anticipated. Being quite aged, and
becoming worn out and destitute, he was unable without assistance
to make the return trip to his home. Agent Butler, learning of his
condition, reported the fact to the Indian Department[482] and asked
that sufficient funds be placed at his disposal for the purpose of
sending messengers to bring the old man back. Two hundred dollars
were authorized[483] to be expended for the purpose, and Oo-no-leh,
a Cherokee, was sent on the errand of mercy, but upon reaching Red
River he encountered a party of Cherokees from Mexico who advised him
that Guess had died in the preceding July, and that his remains were
interred at San Fernando.[484]

OLD SETTLER AND TREATY PARTIES PROPOSE TO REMOVE TO MEXICO.

In the fall of 1845 the bulk of the Old Settler and Treaty parties,
having become satisfied that it would be impossible for them to
maintain a peaceful and happy residence in the country of their
adoption while the influence of John Ross continued potent in their
national government, resolved to seek for themselves a new home on the
borders of Mexico. A council was therefore held at which a delegation
(consisting of forty-three members of the Treaty and eleven of the
Old Settler party) was chosen to explore the country to the south and
west for a future abode. They rendezvoused[485] at the forks of the
Canadian and Arkansas Rivers, and, after electing a captain, proceeded
via Fort Washita, crossing the Red River at Coffee's trading house,
and following the ridge dividing the waters of Trinity and Brazos to
the latter river, which they crossed at Basky Creek. Here they found
a small settlement of sixty-three Cherokees, who had moved in the
preceding June from a place called by them Mount Clover, in Mexico.

Among their number was found Tessee Guess, the son of George Guess.
Leaving Brazos[486] the explorers traveled westward to the Colorado,
reaching it at the mouth of Stone Fort Creek,[487] beyond which they
proceeded in a southwesterly direction to the San Sabba Creek, at a
point about 40 or 50 miles above its mouth. They returned on a line
some 60 miles south of their outgoing trip,[488] and with their friends
held a council at Dragoon Barracks in the Cherokee Nation.[489] At
this meeting it was decided to ask the United States to provide them a
home in the Texas country upon their relinquishment of all interest in
the Cherokee Nation, or in case of a refusal of this request that the
territory of the nation be divided into two parts, and a moiety thereof
be assigned to them with the privilege of adopting their own form of
government and living under it.

The governor of Arkansas[490] and General Arbuckle[491] both concurred
in the conclusions reached by this council, and urged upon the
authorities at Washington the necessary legislation to carry the same
into effect.

MORE POLITICAL MURDERS.

Shortly after the delegation selected by the foregoing council had
proceeded to Washington in the interest of the adoption of the scheme
proposed, another epidemic of murder and outrage broke out in the
nation. On the 23d of March, Agent McKissick reported to the Indian
Department the murder of Stand, a prominent member of the Ross party,
by Wheeler Faught, at the instigation of the "Starr boys," who were
somewhat noted leaders of the Treaty party. This murder was committed
in revenge for the killing of James Starr and others during the
outbreak of the preceding November. It was followed[492] by the
murder of Cornsilk, another of Ross's adherents, by these same "Starr
boys," and six days later the spirit of retaliation led to the killing
of Turner, a member of the Treaty party. On the 25th of the same
month[493] Ellis, Dick, and Billy Starr were wounded by a band of
Ross's Cherokee police, who chased them across the line of Arkansas
in the attempt to arrest them for trial before the Cherokee tribunals
for the murder of Too-noo-wee two days before. General Arbuckle took
them under his protection, and refused to deliver them up for trial to
the Cherokee authorities until the latter should take proper steps to
punish the murderers of James Starr. Subsequently Baldridge and Sides,
of the Ross party, were murdered by Jim and Tom Starr, in revenge for
which the light horse police company of the Ross government murdered
Billy Ryder, of the Treaty party.[494]

In this manner the excitement was maintained and the outrages
multiplied until, on the 28th of August, Agent McKissick reported
that since the 1st of November preceding there had been an aggregate
of thirty-three murders committed in the Cherokee Nation, nearly all
of which were of a political character. The feeling of alarm became
so widespread that General Arbuckle was constrained to increase the
military force on the frontier by two companies.

NEGOTIATION OF TREATY OF 1846.

While these unhappy events were in progress Major Armstrong,
superintendent of Indian affairs, who was in Washington, submitted
to the Commissioner of Indian Affairs, at the suggestion of the
several Cherokee delegations, a proposition for the appointment of
a commissioner clothed with full powers to adjust all difficulties
between the various factions of their people.

The Commissioner replied that as the matter was before Congress and
would likely receive the speedy attention of that body, no action would
be justified by the executive authorities without first being assured
that the proposition was founded in good faith and would result in some
certain and satisfactory arrangement. He must also have assurance that
there existed a firm determination on the part of the Department and
of Congress to bring these troubles to a close before the adjournment
of the latter body. The Commissioner, however, drew up a memorandum
agreement for the signature of the several delegations of Cherokees
representing the different factions of the tribe. It provided for
the appointment of three commissioners, whose duty it should be to
examine into all matters in controversy and adjust the same, and that
all parties should abide absolutely by their decision, agreeing to
execute and sign such treaty or other instrument of agreement as should
be considered necessary to insure the execution of the award of the
commissioners.[495] This agreement was duly signed by the members of
the several delegations present in Washington, and in pursuance of
its provisions President Polk appointed[496] Edmund Burke, William
Armstrong, and Albion K. Parris commissioners with the powers and for
the purposes above indicated. These commissioners at once entered into
communication and negotiation with the three delegations representing
the different factions of the Cherokee Nation, which were then in
Washington, and the result was the conclusion of the treaty of August
6, 1846,[497] in thirteen articles, making detailed provision for the
adjustment of all questions of dispute between the Cherokees themselves
and also for the settlement of all claims by the Cherokees against
the United States.[498] This treaty, with some slight amendments, was
ratified and proclaimed by the President on the 17th of the same month;
an abstract of its provisions has already been presented. It was not
until this treaty that the Ross party ever consented in any manner to
recognize or be bound by the treaty of 1835.[499]

_Objects of the treaty._--The main principle involved in the
negotiation of the treaty of 1846 had been the disposition on the part
of the United States to reimburse to the Cherokee fund sundry sums
which, although not justly chargeable upon it, had been improperly paid
out of that fund.[500] In the treaty of 1835 the United States had
agreed to pay to the Cherokees $5,000,000 for their lands and $600,000
for spoliations, claims, expenses of removal, etc.[501] By the act of
June 12, 1838,[502] Congress appropriated the further sum of $1,047,067
for expenses of removal. As all these sums were for objects expressed
in the treaty of 1835, the commissioners who negotiated the treaty of
1846 regarded them as one aggregate sum given by the United States
for the lands of the Cherokees, subject to the charges, expenditures,
and investments provided for in the treaty. This aggregate sum was
appropriated and placed in the Treasury of the United States, to be
disposed of according to the stipulations of the treaty. The United
States thereby became the trustee of this fund for the benefit of the
Cherokee people, and were bound to manage it in accordance with the
well known principles of law and equity which regulate the relation of
trustee and _cestui que trust_.

_Adjudication of the treaty of 1835._--In order, therefore, to carry
out the principle thus established by the treaty of 1846, Congress,
by joint resolution, of August 7, 1848,[503] required the proper
accounting officers of the Treasury to make a just and fair statement
of account with the Cherokee Nation upon that basis. The joint
report of the Second Comptroller and Second Auditor was submitted to
Congress[504] after a full and thorough examination of all the accounts
and vouchers of the several officers and agents of the United States
who had disbursed funds appropriated to carry into effect the treaty of
1835, and also of all claims that had been admitted at the Treasury.

The result of this examination showed that there had been paid--

For improvements $1,540,572 27

For ferries 159,572 12

For spoliations 264,894 09

For removal and subsistence and commutation therefor,
including $2,765.84 expended for goods for the poorer
Cherokees under the fifteenth article of treaty of
1835, and including also necessary incidental expenses
of enrolling agents, conductors, commissioners,
medical attendance, and supplies, etc. 2,952,196 26

For debts and claims upon the Cherokee Nation 101,348 31

For the additional quantity of land ceded to the nation 500,000 00

For amount invested as the general fund of the nation 500,880 00

____________

The aggregate of which sums is 6,019,463 05

which, being deducted from the sum of 6,647,067 00

____________

agreeably to the directions of the ninth article of
the treaty of 1846, left a balance due the Cherokee
Nation of 627,603 95

They also reported that there was a further sum of $96,999.31, charged
to the general treaty fund, which had been paid to the various agents
of the Government connected with the removal of the Indians and which
the Cherokees contended was an improper charge upon their fund. The
facts as to this item were submitted by the Auditor and Comptroller
without recommendation for the decision of the question by Congress,
and Congress, admitting the justice of the Cherokee claim, included
this sum in the subsequent appropriation of February 27, 1851.[505]

It was also resolved[506] by the United States Senate (as umpire under
the treaty of 1846) that the Cherokee Nation was entitled to the sum of
$189,422.76 for subsistence, being the difference between the amount
allowed by act of June 12, 1838, and the amount actually paid and
expended by the United States, and which excess was improperly charged
to the treaty fund in the report of the accounting officers of the
Treasury just recited. It was further resolved that interest at 5 per
cent. should be allowed upon the sums found due the Eastern and Western
Cherokees respectively from June 12, 1838. The amount of this award
was made available to the Cherokees by Congressional appropriation of
September 30, 1850.[507]

_Settlement of claims of "Old Settler" party._--By the fourth and
fifth articles of the treaty of 1846,[508] provision is made and a
basis fixed for the settlement with that part of the Cherokee Nation
known as "Old Settlers" or "Western Cherokees," or, in other words,
those who had emigrated under the treaties of 1817,[509] 1819,[510]
and 1828,[511] and who were, at the date of the treaty of 1835,[512]
an organized and separate nation of Indians, whom the United States
had recognized as such by the treaties of 1828 and 1833[513] made with
them. In making the treaty of 1835 with the Cherokees east, which
provided for their final and complete transfer to the country west,
then occupied by the "Western Cherokees," and guaranteed in perpetuity
by two treaties, upon considerations alone connected with them, the
rights of the latter seem to have been forgotten. The consequences
of the influx of the Eastern Cherokees were such that upon their
arrival the "Old Settlers" were thrown into a hopeless minority; their
government was subverted, and a new one, imported with the emigrants
coerced under the treaty of 1835, substituted in its place.

To allay the discontent thus caused in the minds of the "Old Settlers,"
and to provide compensation to them for the undivided interest which
the United States regarded them as owning in the country east of the
Mississippi, under the equitable operation of the treaty of 1828,
was one of the avowed objects of the treaty of 1846. To ascertain
their interest it was assumed that they constituted one-third of the
entire nation, and should therefore be entitled to an amount equal
to one-third of the treaty fund of 1835, after all just charges were
deducted. This residuum of the treaty fund, contemplated by the
fourth article of the treaty of 1846, amounted, as first calculated,
to $1,571,346.55, which would make the proportionate share of the
"Old Settlers" amount to the sum of $523,782.18. The act of September
30, 1850,[514] made provision for the payment to the "Old Settlers,"
in full of all demands under the provisions and according to the
principles established in the fourth article of the treaty of 1846, of
the sum of $532,896.96 with interest at 5 per cent. per annum. This was
coupled with the proviso that the Indians who should receive the money
should first respectively sign a receipt or release acknowledging the
same to be in full of all demands under the terms of such article.

A year later,[515] when the "Old Settlers" were assembled for the
purpose of receiving this per capita money, although their necessities
were such as to compel compliance with the conditions of payment, they
entered a written protest against the sum paid being considered in full
of all their demands, and appealed to the United States for justice,
indicating at the same time in detail wherein they were entitled to
receive large additional sums.

For many years this additional claim of the "Old Settlers" practically
lay dormant. But toward the close[516] of the year 1875 they held
a convention or council at Tahlequah, the capital of the Cherokee
Nation, and resolved to prosecute their claim to a "speedy, just, and
final settlement." To that end three of their people were appointed
commissioners with full power to prosecute the claim, employ counsel,
and to do all other necessary and proper things in the premises. The
council set apart and appropriated 35 per centum of whatever should
be collected to defray all the necessary expenses attendant upon such
prosecution and collection. Several subsequent councils have been
held about the subject,[517] and the matter continued to be pressed
upon the attention of Congress until, by the terms of an act approved
August 7, 1882,[518] that body directed the Secretary of the Interior
to investigate this and other matters relating to the Cherokees and to
report thereon to Congress. Pursuant to the purpose of this enactment,
Mr. C. C. Clements was appointed a special agent of the Interior
Department with instructions to make the required investigation.
He submitted three reports on the subject, the latter two being
supplemental to and corrective of the first. From this last report[519]
it appears that he finds the sum of $421,653.68 to be due to the "Old
Settler" Cherokees, together with interest at 5 per cent. per annum
from September 22, 1851. In brief his findings are--

1. That they received credit, under the settlement made under the
treaty of 1846, for one-third of the fund, and were chargeable with
one-third of the items properly taxable thereto.

2. Independent of article four of the treaty of 1846, the "Old
Settlers" were not chargeable with removal out of the $5,000,000 fund.

3. Independent of that article, they should not be charged out of the
$5,000,000 fund with the removal of the Eastern Cherokees, for three
reasons: (_a_) The "Old Settlers" removed themselves at their own
expense; (_b_) the Eastern Cherokees were not required to reimburse the
"Old Settlers" under the treaty of 1835; and (_c_) the Government was
required to remove the Eastern Cherokees.

4. They were not properly chargeable with the removal of the Ross
party of 13,148, because (_a_) the United States were to remove them,
and (_b_) an appropriation of $1,047,067 was made for that purpose, for
which the "Old Settlers" received no credit in the settlement under the
treaty of 1846.

5. Having received credit for their proportion of the $600,000, under
article three of the treaty of 1836, they were chargeable with their
proportion of that fund used for removal, etc., _i.e._, 2,495 Indians
at $53.33 per head, amounting to $133,058.35.

6. The Eastern Cherokees were properly chargeable with the removal of
the Ross party, and therefore they received credit for the $1,047,067
appropriated by the act of June 12, 1838.

7. In the settlement, the $5,600,000 fund was charged with the removal
and subsistence of 18,026 Indians at $53.33-1/3 per head, amounting to
$961,386.66.[520]

This report, with accompanying letters of the Commissioner of Indian
Affairs and the Secretary of the Interior, was transmitted to Congress
by the President, with a special message, on the 17th of December, 1883.

_Other questions under the treaty of 1835._--There were two other
questions about which the parties could not agree, and upon which, by
the eleventh article of the treaty of 1846, the Senate of the United
States was designated as the umpire. The first of these was whether
the amount expended for the one year's subsistence of the Eastern
Cherokees, after their arrival in the West, should be borne by the
United States or by the Cherokee funds, and, if by the latter, then
whether subsistence should be charged at a greater rate than $33-1/3
per head.

The Senate committee to whom the subject was referred for report to
that body found much difficulty, as shown by their report, in reaching
a just conclusion. They observed that the faulty manner in which the
treaty of 1835 was drawn, its ambiguity of terms, and the variety
of constructions placed upon it, had led to a great embarrassment
in arriving at the real intention of the parties, but that upon the
whole the opinion seemed to be justified that the charge should be
borne by the United States. By a strict construction of the treaty
of 1835, the expense of a year's subsistence of the Indians was no
doubt a proper charge upon the treaty fund and was so understood by
the Government at the time. In the original scheme of the treaty
furnished the commissioners empowered to treat with the Indians this
item was enumerated among the expenditures, etc., to be provided
for in its several articles, and which made up the aggregate sum of
$5,000,000 to be paid for the Cherokee country. The Secretary of War,
in a letter addressed to John Ross and others in 1836, had said that
the United States, having allowed the full consideration for their
country, nothing further would be conceded for expenses of removal and
subsistence. The whole history of the negotiation of the treaty shows
that the $5,000,000 was the maximum sum which the United States were
willing to pay, and that this was not so much a consideration for
the lands and possessions of the Indians as an indemnity to cover the
necessary sacrifices and losses in the surrender of one country and
their removal to another.

On the other hand, among the circumstances establishing the propriety
of a contrary construction may be mentioned the language of the eighth
article of the treaty, that "the United States also agree and stipulate
to remove the Cherokees to their new homes and to subsist them one
year after their arrival there." This language imports pecuniary
responsibility rather than a simple disbursement of a trust fund. In
the "talk" also which was sent[521] by President Jackson to the Indians
to explain the advantages of the proposed treaty, he mentioned that the
stipulations offered "provide for the removal at the expense of the
United States of your whole people, and for their subsistence a year
after their arrival in their new country."

It was also the common practice of the United States in removing the
Indian tribes from one locality to another to defray the expense of
such removal, and this was done in the cases of their neighbors,
the Chickasaws, Choctaws, Creeks, and Seminoles. It is a matter of
but little surprise, therefore, that a conflicting interpretation
of this treaty through a series of years should have produced grave
embarrassments.

Independent, however, of the literal provisions of the treaty of 1835,
there existed other grounds upon which to base a judgment favorable to
the claims of the Cherokees. The treaty with the supplementary article
was finally ratified on the 23d of May, 1836, and by its provisions
the Cherokees were required to remove within two years. It had been
concluded (in the face of a protest from a large majority) with a small
minority of the nation. Within the two years those who had favored the
treaty had mostly emigrated to the West under its provisions.[522] The
large majority of the nation, adopting the counsels of John Ross, had
obstinately withstood all the efforts of the Government to induce them
to adopt the treaty or emigrate. They had repudiated its obligation
and denounced it as a fraud upon the nation. In the mean time the
United States had appointed its agents under the treaty and collected
a large military force to compel its execution. The State of Georgia
had adopted a system of hostile legislation intended to drive them from
the country. She had surveyed their territory and disposed of their
homes and firesides by lottery. She had dispossessed them of a portion
of their lands, subjected them to her laws, and at the same time
disqualified them from the enjoyment of any political or civil rights.
In this posture of affairs, the Cherokees who had never abandoned the
vain hope of remaining in the country of their birth or of obtaining
better terms from the United States made new proposals to the United
States through John Ross and others for the sale of their country and
emigration to the West. Still pursuing the idea that they were aliens
to the treaty of 1835 and unfettered by its provisions, they proposed
to release all claim to their country and emigrate for a named sum
of money in connection with other conditions, among which was the
stipulation that they should be allowed to take charge of their own
emigration and that the United States should pay the expenses thereof.
To avoid the necessity of enforcing the treaty at the point of the
bayonet and to obtain relief from counter obligations to Georgia by the
compact of 1802 and to the Cherokees by the treaties of 1817 and 1819,
the proposal was readily acceded to by the United States authorities.

On the 18th of May, 1838, the Secretary of War addressed a reply to the
proposals of the Cherokee delegation, in which he said:

If it be desired by the Cherokee Nation that their own agents
should have charge of their emigration, their wishes will be
complied with and instructions be given to the commanding general
in the Cherokee country to enter into arrangements with them to
that effect. With regard to the expense of this operation, which
you ask may be defrayed by the United States, in the opinion of the
undersigned the request ought to be granted, and an application for
such further sum as may be required for this purpose shall be made
to Congress.

A recommendation was made to Congress in compliance with this promise.
Based upon an estimate of the probable cost thereof, Congress by act of
June 12, 1838,[523] appropriated the sum of $1,047,067 in full for all
objects specified in the third article of the treaty and the further
object of aiding in the subsistence of the Indians for one year after
their removal, with the proviso that no part thereof should be deducted
from the $5,000,000 purchase money of their lands.

Here was a clear legislative affirmation of the terms offered by
the Indians and acceded to by the Secretary of War. It was a new
contract with the Ross party, outside of the treaty, or rather a new
consideration offered to abide by its terms, by which the Secretary of
War agreed that the expenses of removal and subsistence, as provided
for by the treaty of 1835, should be borne by the United States,
and Congress affirmed this act by providing that no part of the sum
appropriated should be charged to the treaty fund. The appropriation
thus made proved wholly inadequate for the purposes of removal and
subsistence, the expense of which aggregated $2,952,196.26,[524] of
which the sum of $972,844.78 was expended for subsistence. Of this last
amount, however, $172,316.47 was furnished to the Indians when in great
destitution upon their own urgent application, after the expiration
of the "one year," upon the understanding that it was to be deducted
from the moneys due them under the treaty. This left the net sum of
$800,528.31 paid for subsistence and charged to the aggregate fund. Of
this sum the United States provided by the act of June 12, 1838, for
$611,105.55, leaving unprovided for, the sum of $189,422.76. This,
added to the balance of $724,603.37 found due in pursuance of the
report of the accounting officers of the Treasury,[525] amounted in the
aggregate to $914,626.13.

The item of $189,422.76 was appropriated, as previously stated, by
the act of September 30, 1850, and that of $724,603.37 by the act of
February 27, 1851. Interest was allowed on each sum at the rate of 5
per cent. per annum from the date of the act of June 12, 1838, with
the understanding that it should be in full satisfaction and a final
settlement of all claims and demands whatsoever of the Cherokee Nation
against the United States under any treaty theretofore made with them.
Instructions were issued[526] in the fall of 1851 to John Drennan,
superintendent of Indian affairs, to proceed without delay to make the
payment. For this purpose a remittance was made to him at New Orleans
of the sums of $1,032,182.33 and $276,179.84. The first of these sums,
he was advised by his instructions, was intended for the per capita
payment, principal and interest, to the Eastern Cherokees, or Ross
party, in pursuance of the act of February 27, 1851. The latter was for
a similar payment to the same parties in compliance with the terms of
the act of September 30, 1850, previously mentioned. These sums were to
be distributed, according to the census roll, among 14,098 Cherokees
within his superintendency, and were exclusive of the pro rata share to
which those Cherokees east of the Mississippi living within the States
of North Carolina, Georgia, Tennessee, and Alabama were entitled. For
the payment of the latter a clerk was detailed from duty in the Office
of Indian Affairs to act in the capacity of a special disbursing agent.

The payments made by Superintendent Drennan, coupled with the
conditions prescribed by the act of Congress, were very unsatisfactory
to the Government or Ross party of Cherokees. Therefore their national
council addressed[527] to the United States a solemn and formal protest
against the injustice they had suffered through the treaties of 1835
and 1846, and the statement of account rendered by the United States
under the provisions of those treaties.[528] After thus placing
themselves on record, the Cherokees accepted the money and complied
with the conditions prescribed in the act of Congress.

AFFAIRS OF THE NORTH CAROLINA CHEROKEES.

As has been already remarked, at the time of the general removal of
the Cherokee Nation in 1838 many individuals fled to the mountains
of Tennessee and North Carolina and refused to emigrate. They always
maintained their right to an equal participation in the personal
benefits provided in the treaty of 1835, which, though not denied,
was held by the executive authorities of the United States to be
conditional upon their removal west. At length by an act of Congress
approved July 29, 1848,[531] provision was made for causing a census
to be taken of all those Cherokees who remained in the State of North
Carolina after the ratification of the treaty of 1835 and who had not
since removed west. An appropriation was made equal to $53.33-1/3 for
each of such individuals or his or her representative, with interest at
6 per cent per annum from the 23d of May, 1836. Furthermore, whenever
any of such individuals should manifest a desire to remove and join the
tribe west of the Mississippi, the Secretary of War was authorized to
expend their pro rata share of the foregoing fund, or so much thereof
as should be necessary, toward defraying the expense of such removal
and subsistence for one year thereafter, the balance, if any, to be
paid to the individual entitled. The amount of this appropriation,
it was stipulated, should be refunded to the United States Treasury
from the general fund of the Cherokee Nation under the treaty of
1835. The census mentioned was taken by J. C. Mullay in 1849, and
the number found to be entitled to the benefits of the appropriation
was 1,517,[532] which by additions was increased to 2,133. Under the
appropriation acts of September 30, 1850, and February 27, 1851, these
Cherokees remaining east of the Mississippi were entitled to their
pro rata share of the amounts thus appropriated. Alfred Chapman was
accordingly detailed[529] from the Interior Department to make the per
capita payment, and was furnished with the amounts of $41,367.31 and
$156,167.19 under those respective acts. He was directed to base his
payments upon the census roll furnished him, which showed 2,133 Indians
to be entitled. By section 3 of an act approved March 3, 1855,[530]
provision was made for the distribution per capita among the North
Carolina Cherokees on the Mullay roll[533] of the fund established
by the act of July 29, 1848, provided that each Indian so receiving
such payment in full should assent thereto. As a further condition
to the execution of this act it was stipulated that satisfactory
assurance should be given by the State of North Carolina, before such
payment, that the Cherokees in question should be permitted to remain
permanently in that State. The desired legislative assurance was
not given by North Carolina until February 19, 1866, and the money
was not, therefore, distributed, but carried to the surplus fund in
the Treasury. Afterwards, by act of March 3, 1875,[534] it was made
applicable to the purchase and payment of lands, expenses in quieting
titles, etc.

In order to determine who were the legal heirs and representatives
of those enrolled in 1849, but since deceased, the Secretary of
the Interior was directed by an act of Congress, approved July 27,
1868,[535] to cause another census to be taken, to serve as a guide
in future payments. It was further provided by the same act that the
Secretary of the Interior should cause the Commissioner of Indian
Affairs to take the same supervisory charge of this as of any other
tribe of Indians.

This second census was taken by S. H. Sweatland in 1869, and he was
instructed to make payment of interest then due to the Indians, guided
by his roll, but on the same principle on which previous payments had
been effected, that is, to those individuals only whose names appeared
on the Mullay census roll, or their legal heirs or representatives,
as ascertained by census taken by himself. As remarked by the
Commissioner of Indian Affairs, the difficulty of tracing Indian
genealogy through its various complications, in order to determine who
are legal representatives of deceased Indians, without any rules by
which hereditary descent among them may be clearly established, was
fully demonstrated in the payment made by Mr. Sweatland, which was the
occasion of many complaints and even of litigation.

The landed interests of these North Carolina Cherokees had also
since the treaty of 1835 become much complicated, and through their
confidence in others, coupled with their own ignorance of proper
business methods, they were likely to lose the title to their homes.
At this juncture Congress, by an act approved July 15, 1870,[536]
authorized suit in equity to be brought in the name of the Eastern Band
of Cherokee Indians in the district or circuit courts of the United
States for the recovery of their interest in certain lands in North
Carolina. This suit was instituted in the circuit court of the United
States for the western district of North Carolina in May, 1873, against
William. H. Thomas and William Johnston. Thomas, as the agent and
trustee of the Indians, it was alleged had received (between 1836 and
1861) from them and for their benefit large sums of money, which had or
ought to have been invested by him, in pursuance of various contracts
with the Indians, in certain boundaries of land as well as in a number
of detached tracts. The legal title to all these lands was taken by
Thomas, and was still held in his own name, he having in the mean time
become _non compos mentis_. It was alleged against the other defendant,
Johnston, that in the year 1869 he had procured sales to be made of
all these lands to satisfy judgments obtained by him against Thomas,
and that he had bought in the lands at these sales and taken sheriff's
deeds therefor, although having himself a knowledge of the existing
equities of the Indians. In fact, that after the purchase of the lands
he had entered into a contract with the Indians to release to them all
the rights he had acquired by such purchase for the sum of $30,000,
payable within eighteen months. Under this contract, and at the time of
its execution, the Indians paid him $6,500.

A suit in law was also instituted, at the same time with the foregoing,
against James W. Terrell, their former agent (from 1853 to 1861), and
his sureties, the above named Thomas and Johnston, to recover a balance
of Cherokee funds which he had received for their use from the United
States and which it was alleged he had not properly accounted for.

At the May term, 1874, of the circuit court the matters in dispute
were by agreement submitted to a board of arbitrators. The arbitrators
made their report and award, which were confirmed by the court at the
November term, 1874.

The award finds that Thomas purchased for the Indians as a tribe and
with their funds a large tract of land on Soco Creek and Oconalufty
River and their tributaries, known as the Qualla boundary, and
estimated by the arbitrators to contain 50,000 acres. It declares
that such tract belongs to and shall be held by the Eastern Band of
Cherokees as a tribe.

The award also determines the titles of a large number of individual
Indians to tracts of land outside of the Qualla boundary. It further
finds that the Indians owe Thomas a balance toward the purchase-money
of the Qualla boundary of $18,250, from which should be deducted the
sum of $6,500 paid by the Indians to Johnston, with interest thereon to
the date of the award, amounting in the aggregate to $8,486.

The award also finds that Terrell and his bondsmen are responsible to
the Cherokees for an unaccounted-for balance of $2,697.89, which should
also be deducted from the amount due Thomas, leaving a net balance
due from the Indians on the purchase money of the Qualla boundary of
$7,066. Upon the payment of this sum the award declares they should be
entitled to a conveyance from Johnston of the legal title to all the
lands embraced within that boundary.[537]

To enable the Indians to clear off this lien upon their lands,
Congress, upon the recommendation of the Indian Department, provided
by the terms of an act approved March 3, 1875,[538] that the funds
set apart by the act of July 29, 1848, should be applied under the
direction of the Secretary of the Interior for the use and benefit of
the Eastern Band of Cherokees. Specifically these funds were to be used
in perfecting the titles to the lands awarded to them and to pay the
costs, expenses, and liabilities attending their recent litigations,
also to purchase and extinguish the titles of any white persons to
lands within the general boundaries allotted to them by the court and
for the education, improvement, and civilization of their people.
This was done and the Indians have now possession of their rightful
domain.[539]

PROPOSED REMOVAL OF THE CATAWBA INDIANS TO THE CHEROKEE COUNTRY.

It is perhaps pertinent to remark before proceeding further that by
the terms of an act of Congress approved July 29, 1848 (United States
Statutes at Large, Vol. IX, p. 264), an appropriation of $5,000 was
made to defray the expenses of removing the Catawba Indians from
Carolina to the country west of the Mississippi River, provided
their assent should be obtained, and also conditioned upon success
in securing a home for them among some other congenial tribe in that
region without cost to the Government.

These Catawbas were but a miserable remnant of what a century and a
half earlier had been one of the most powerful and warlike of the
Southern tribes. They once occupied and controlled a large region
of country in the two Carolinas, though principally in the Southern
province. Their generally accepted western limit was the Catawba
River and its tributaries, the region between this river and Broad
River being usually denominated a neutral hunting ground for both the
Catawbas and the Cherokees. An enmity of long standing had existed
between the Catawbas and the Six Nations, and war parties of both
nations for many years were wont to make long and devastating forays
into each other's territory. The casualties of war and the ravages of
infectious diseases had long prior to the beginning of the present
century rendered the Catawbas insignificant in numbers and importance.
Their territorial possessions had been curtailed to a tract of some
fifteen miles square on the Catawba River, on the northern border of
South Carolina, and the whites of the surrounding region were generally
desirous of seeing them removed from the State.

In pursuance therefore of the provisions of the act of 1848 an effort
was made by the authorities of the United States to find a home for
them west of the Mississippi River. Correspondence was opened with
the Cherokee authorities on the subject during the summer of that
year, but the Cherokees being unwilling to devote any portion of their
domain to the use and occupation of any other tribe without being fully
compensated therefor, the subject was dropped.

FINANCIAL DIFFICULTIES OF THE CHEROKEES.

Unusual expenditures are always incident to the removal and
establishment of a people in an entirely new country. Domestic
dissensions and violence of a widespread character have a tendency
to destroy the security of life and property usually felt in a well
governed community, and insecurity in this manner becomes the parent of
idleness and the destroyer of ambition.

Thus from a combination of adverse circumstances the Cherokees since
their removal had been subjected to many losses of both an individual
and a national character. Their debts had come to be very oppressive,
and they were anxiously devising methods of relief.

_Proposed cession of the "neutral land."_--At length in the fall of
1852 they began to discuss the propriety of retroceding to the United
States the tract of 800,000 acres of additional land purchased by
them from the Government under the provisions of the treaty of 1835.
This tract was commonly known as the "neutral land," and occupied the
southeast corner of what is now the State of Kansas.

It was segregated from the main portion of their territory, and had
never been occupied by any considerable number of their people. After a
full discussion of the subject in their national council it was decided
to ask the United States to purchase it, and a delegation was appointed
to enter into negotiations on the subject. They submitted their
proposition in two communications,[540] but after due consideration it
was decided by the Secretary of the Interior[541] to be inexpedient
for the Government to entertain the idea of purchase at that time.
Thereupon, under instructions from their national council, they
withdrew the proposition.

As soon as the Cherokees resident in North Carolina and the neighboring
States learned of this proposed disposition of the "neutral land" they
filed a protest[542] against any sale of it that did not make full
provision for securing to them a proportional share of the proceeds.

MURDER OF THE ADAIRS AND OTHERS.

In September of this year occurred another of those sudden acts of
violence which had too frequently marked the history of the Cherokee
people during the preceding fifteen years. Superintendent Drew first
reported[543] to the Indian Office that a mob of one hundred armed men
had murdered two unoffending citizens, Andrew and Washington Adair;
that not less than two hundred men were in armed resistance to the
authorities of the nation, who were unable or disinclined to suppress
the insurrection, and that from sixty to one hundred of the best-known
friends of the Adairs had been threatened with a fate similar to
theirs. The presence and protection of an additional force of United
States troops was therefore asked to preserve order in the Cherokee
country and to allay the fears of the settlers along the border of
Arkansas.

An additional United States force was accordingly dispatched, but
the Cherokee authorities found little difficulty in controlling and
allaying the excitement and disorder without their aid. In truth,
the first report had been in large measure sensational, the facts
as reported by Agent Butler some two months later[544] being that
the murder was occasioned by a purely personal difficulty and had no
connection with any of the bitter political animosities that had cursed
the nation for so many years. It seems that several years previous to
the murder a Cherokee by the name of Proctor and one of the Adairs had
a difficulty. Adair's friends took Proctor a prisoner through false
pretenses and murdered him while in their hands. Proctor's friends in
consequence were much enraged and made violent threats of retaliation.
In fact during the period immediately following Proctor's death several
other persons had been killed in consequence of the existing feud. The
murder of the Adairs was the culmination of their enemies' revenge.
The murderers were arrested, tried, and acquitted by the Cherokee
courts.[545]

FINANCIAL DISTRESSES--NEW TREATY PROPOSED.

The year 1854 was in an unusual degree a period of quiet and
comparative freedom from internal dissensions among the Cherokees.
Their government was, however, still in an embarrassed financial
condition. Their national debt was constantly increasing, and they
possessed no revenue aside from the small income derived from the
interest on their invested funds in the hands of the United States.

For a while, following the payment of their per capita money, they
were in the enjoyment of plenty, but with the natural improvidence of
a somewhat primitive people, their substance was wasted and no lasting
benefits were derived therefrom. To add to their embarrassments, a
severe drought throughout the summer resulted in an almost total
failure of their crops. Distress and starvation seemed to be staring
them in the face. Their schools, in which they had taken much
commendable pride, were languishing for want of the funds necessary to
their support, and the general outlook was anything but cheerful.[546]

In this dilemma a delegation was sent to Washington with authority and
instructions to negotiate, if possible, another treaty with the United
States, based upon the following conditions:[547]

1. The Cherokees to retrocede to the United States the 800,000 acre
tract of "neutral land" at the price of $1.25 per acre, as a measure of
relief from their public debt burdens and to replenish their exhausted
school fund.

2. To cede to the United States the unsold portion of the
12-mile-square school fund tract in Alabama, set apart by the treaty of
1819, also at $1.25 per acre, together with the other small reserves in
Tennessee set apart for the same purpose and by the same treaty, for
which latter tracts they should receive $20,000.

3. The United States to compensate the Cherokees living on the 800,000
acre tract for the value of their improvements.

4. The United States to rectify the injustice done to many individual
Cherokees in regard to their claims under the treaty of 1835.

5. The United States to compensate the Cherokees for damages sustained
through the action of citizens of the former in driving and pasturing
stock in the Cherokee country, and to provide effectual measures for
the prevention of such losses in the future.

6. The United States to cause a careful investigation to be made as
to the status of the Cherokee invested fund and to render an account of
the accrued and unpaid interest thereon.

7. The Cherokees to be reimbursed for money expended out of their
funds for subsistence after the expiration of the period of "one year"
provided by the treaty of 1835, but before their people had opportunity
to become settled in their new homes.

8. A just compensation to be made to the Cherokees for the heavy losses
sustained in their sudden and forced removal from their Eastern home.

9. An absolute and speedy removal of the garrison at Fort Gibson.

10. That the treaty should contain a clear and specific definition of
the rights and status of the Cherokee Nation in its political attitude
toward and relations with the United States.

The proposed treaty formed the subject of much careful consideration,
and negotiations were conducted throughout a large portion of the
winter, without, however, reaching satisfactory results.

The failure of the delegation to secure definite action on these
matters caused a great degree of dissatisfaction among all classes of
their people.[548] They were anxious to sell their surplus detached
land, and by that means free themselves from financial embarrassment.
They were fully conscious that, so long as their financial affairs
continued in such a crippled condition, there was little ground for
a hopeful advancement in their morals or civilization. A traditional
prejudice against the policy of parting with any of their public
domain was deep seated and well nigh universal among the Cherokees,
but so grinding and irksome had the burdens of their pecuniary
responsibilities become and so anxious were they to discharge in good
faith their duty to their creditors that this feeling of aversion was
subordinated to what was believed to be a national necessity.

SLAVERY IN THE CHEROKEE NATION.

The reports of the Cherokee agent during the year 1855 devote
considerable space to the discussion of the slavery question in
its relations to and among that nation, from which it appears that
considerable local excitement, as well as a general feeling of
irritation and insecurity among the holders of slave property, had been
superinduced by the antislavery teachings of the Northern missionaries
and emissaries of the various free soil organizations throughout the
North. Three years later the agent reported that the amicable relations
which existed between the Cherokees and the General Government
certainly merited the latter's fostering care and protection, for
already they were evincing much interest in all questions that
concerned its welfare; that the majority of them were strongly national
or democratic in political sympathy, though it was with regret he
was obliged to report the existence of a few black republicans,
who were the particular foundlings of the abolition missionaries.
This same agent the following year (1859), after commending their
enterprise and thrift, remarks: "I am clearly of the opinion that the
rapid advancement of the Cherokees is owing in part to the fact of
their being slaveholders, which has operated as an incentive to all
industrial pursuits, and I believe if every family of the wild roving
tribes of Indians were to own a negro man and woman, who would teach
them to cultivate the soil and to properly prepare and cook their
food, and could have a schoolmaster appointed for every district, it
would tend more to civilize them than any plan that could be adopted."
The latter part of this proposition perhaps no one would be willing
to dispute, but in the light of twenty-five years of eventful history
made since its promulgation, the author himself, if still living, would
scarcely be so "clearly of opinion" concerning the soundness of his
first assumption.

REMOVAL OF WHITE SETTLERS ON CHEROKEE LAND.

The year 1856 was characterized by no event in the official history of
the Cherokees of special importance, except, perhaps, the expulsion of
white settlers who had intruded upon the "neutral lands," in which the
aid of the military forces of the United States was invoked.

FORT GIBSON ABANDONED BY THE UNITED STATES.

The long and urgent demands of the Cherokees for the withdrawal of the
garrison of United States troops at Fort Gibson was at length complied
with in the year 1857,[549] and under the terms of the third article
of the treaty of 1835 the fort and the military reserve surrounding
it reverted to and became a part of the Cherokee national domain. In
his annual message of that year to the Cherokee council John Ross,
their principal chief, recommended the passage of a law which should
authorize the site of the post to be laid off into town lots and sold
to citizens for the benefit of the nation, reserving such lots and
buildings as seemed desirable for future disposition, and providing
for the suitable preservation of the burying-grounds in which, among
others, reposed the remains of several officers of the United States
Army. This recommendation was favorably acted upon by the council, and
town lots sold exclusively to the citizens of the nation brought the
sum of $20,000.[550]

REMOVAL OF TRESPASSERS ON "NEUTRAL LAND."

White settlers having for several years preceding, in defiance of
the notification and authority of the General Government, continued
their encroachments and settlement on the "Cherokee neutral land,"
and the Cherokee authorities having made repeated complaints of these
unauthorized intrusions, measures were taken to remove the cause of
complaint. Notice was therefore given to these settlers in the winter
of 1859, requiring them to abandon the lands, by the 1st of April
following. No attention was paid to the notice, but the settlers went
on and planted their crops as usual. The newly appointed Cherokee
agent, having failed to reach his agency until late in the spring,
proceeded to the neutral land in August, and again notified the
trespassers to remove within thirty-five days. To this they paid no
more heed than to the first notification. Some two months later,[551]
therefore, the agent, accompanied by a detachment of United States
dragoons, under command of Captain Stanley, marched into the midst of
the settlers and again commanded their immediate removal. Upon their
refusal to comply he adopted the plan of firing their cabins, which
soon brought them to terms. They proposed that if he would desist in
his forcible measures and withdraw the troops, they would quietly
remove on or before the 25th of November, unless in the mean time they
should receive the permission of the Government to remain during the
winter. This the agent agreed to, and subsequently the permission was
granted them to so remain.

In connection with this subject it appears from the records of the
Department that owing to an error in protracting the northern boundary
of the "neutral land," the line was made to run 8 or 9 miles south of
the true boundary, leaving outside of the reserve as it was marked
on the map, a strip known as the "dry woods," which should have been
included in it; it was generally believed that the "dry woods" was a
part of the New York Indian reservation, on which settlements were
permitted, and as the settlers on that particular portion had gone
there in good faith the agent did not molest them.[552] The Secretary
of the Interior himself expressed the opinion that the "dry woods"
settlers were law abiding citizens and had settled there under a
misapprehension of the facts, and that as they had expended large sums
in opening and improving their farms it would be a great hardship
if they should be compelled to remove. He therefore suspended the
execution of the law as to them until the approaching session of
Congress, in order that they might have an opportunity of applying
to that body for relief. The Cherokees it was well known were anxious
to dispose of the land, and the Secretary declared his intention of
recommending the passage of a law with their consent, providing for the
survey and sale of the "neutral lands," after the manner of disposing
of the public lands, the proceeds to be applied to the benefit of the
Cherokees. The outbreak of the great rebellion so soon thereafter,
however, precluded the consummation of this proposed legislation.

JOHN ROSS OPPOSES SURVEY AND ALLOTMENT OF CHEROKEE DOMAIN.

During the winter of 1859-'60, the Commissioner of Indian Affairs,
believing that a survey and subdivision of the Cherokee national
domain, and its allotment in severalty among the members of the tribe,
would produce an effect favorable to their progress in the cultivation
of the soil, submitted the suggestion for the consideration of their
lawfully constituted authorities. John Ross, as principal chief of the
nation, in replying to this suggestion,[553] declined on behalf of the
nation to give it favorable consideration, (1) because it conflicted
with the general policy of the Government through which the Cherokees
were removed from their homes east of the Mississippi River; (2)
because it was inconsistent with existing treaties between the United
States and the Cherokee Nation; (3) because it could not be done
without a change in the constitution of the nation; and, finally, that
it would not be beneficial to the Cherokee people.

POLITICAL EXCITEMENT IN 1860.

The year 1860 was characterized by great excitement and local
disturbances. Many affrays occurred and numerous murders were
perpetrated. The excitement and bitterness of feeling involved in the
issues at stake between the great political parties of the country in
the pending Presidential election extended to and pervaded the entire
population of the civilized tribes of Indian Territory.

They were many of them slaveholders, especially the half-breeds and
mixed bloods. They therefore vehemently resented the introduction
and dissemination of any doctrines at variance with the dogma of the
divine origin of slavery or that should set up any denial of the
moral and legal right of the owner to the continued possession of
his slave property. The missionaries and many of the school teachers
among the Cherokees were persons of strong anti-slavery convictions,
and the former especially were zealous in their dissemination of
doctrines fatal alike to the peace and endurance of a slave community.
In September John B. Jones, a Baptist missionary, who had devoted
much of his life to Christian work among the Indians, was notified
by the agent to leave the country within three weeks, because of the
publication of an article from his pen in a Northern paper, wherein he
stated that he was engaged in promulgating anti-slavery sentiments
among his flock.[554] Others were in like manner compelled to leave,
and the excitement continued to increase daily until the outbreak of
hostilities precipitated by the attack on Fort Sumter.

Before the actual outbreak of hostilities, in the winter of 1860,
adherents of the Southern cause, among the most effectual and
influential of whom were the official agents of the United States
accredited to the Indian tribes, were active in propagating the
doctrines of secession among the Cherokees, as well as among other
tribes of the Indian Territory. Secret societies were organized,
especially among the Cherokees, and Stand Watie, the recognized leader
of the old Ridge or Treaty party, was the leader of an organization of
Southern predilections known as the Knights of the Golden Circle. A
counter organization was formed from among the loyally inclined portion
of the nation, most, if not all, of whom were members of the Government
or Ross party. The membership of this latter society was composed
principally of full blood Cherokees, and they termed themselves the
"Ki-tu-wha," a name by which the Cherokees were said to have been known
in their ancient confederations with other Indian tribes.[555] The
distinguishing badge of membership in this association was a pin worn
in a certain position on the coat, vest, or hunting shirt, from whence
members were given the designation in common parlance of "Pin" Indians.
According to the statement of General Albert Pike, however (and I think
he gives the correct version), this "Pin" society was organized and in
full operation long before the beginning of the secession difficulties,
and was really established for the purpose of depriving the half-breeds
of all political power.[556] Be this as it may, however, the society
was made to represent in the incipient stages of the great American
conflict the element of opposition to an association with the Southern
Confederacy and on one occasion it prevented the distinctively Southern
element under the leadership of Stand Watie from raising a Confederate
flag at Tahlequah.[557] It was also alleged to have been established by
the Rev. Evan Jones, a missionary of more than forty years' standing
among the Cherokees, as an instrument for the dissemination of
anti-slavery doctrines.[558]

CHEROKEES AND THE SOUTHERN CONFEDERACY.

In May, 1861, General Albert Pike, of Arkansas, was requested by Hon.
Robert Toombs, secretary of state of the Confederate States, to visit
the Indian Territory as a commissioner, and to assure the Indians
of the friendship of those States. He proceeded to Fort Smith,[559]
where, in company with General Benjamin McCulloch, he was waited on by
a delegation of Cherokees representing the element of that people who
were enthusiastically loyal to the Confederacy and who were desirous of
ascertaining whether in case they would organize and take up arms for
the South the latter would engage to protect them from the hostility
of John Ross and the association of "Pin" Indians who were controlled
by him.[560] Assurances were given of the desired protection, and
messengers were sent to a number of the prominent leaders of the
anti-Ross party to meet General Pike at the Creek Agency, two days
after he should have held an interview with Ross, then contemplated,
at Park Hill. General Pike, as he alleges, had no idea of concluding
any terms with Ross, and his intention was to treat with the leaders of
the Southern party at the Creek Agency. At the meeting held with Ross
at Park Hill, the latter refused to enter into any arrangement with
the Confederate Government, and obstinately insisted on maintaining an
attitude of strict neutrality. After vainly endeavoring to shake the
old man's purpose, General McCulloch at length agreed to respect his
neutrality so long as the Federal forces should refrain from entering
the Cherokee country.[561]

General McCulloch having been ordered by the Confederate authorities to
take command of the district of country embracing the Indian Territory,
with headquarters at Fort Smith, addressed[562] a communication to John
Ross again assuring him of his intention to respect the neutrality
of the Cherokee people, except that all those members of the tribe
who should so desire must be permitted to enlist in the Confederate
army, without interference or molestation, for purposes of defense
in case of an invasion from the North. To this Ross replied,[563]
reasserting the determination of the Cherokees to maintain a strict
neutrality between the contending parties. He refused his consent to
any organization or enlistment of Cherokee troops into the Confederate
service, for the reason, first, it would be a palpable violation of the
Cherokee position of neutrality, and, second, it would place in their
midst organized companies not authorized by the Cherokee laws, but in
violation of treaty, and which would soon become effective instruments
in stirring up domestic strife and creating internal difficulties among
the Cherokee people. General McCulloch in his letter had assumed that
his proposition for permitting enlistments of Cherokees of Confederate
sympathies was in accordance with the views expressed to him by Ross
in an interview occurring some eight or ten days previous, wherein
the latter had observed that in case of an invasion from the North
he himself would lead the Cherokees to repel it. Ross, in his reply
above alluded to, takes occasion to assure McCulloch that the latter
had misapprehended his language. It was only in case of a foreign
invasion that he had offered to lead his men in repelling it. He had
not signified any purpose as to an invasion by either the Northern or
Southern forces, because he had not apprehended and could not give his
consent to any.

Some time in August[564] a convention was assembled at Tahlequah upon
the call of John Ross, to take into consideration the question of
the difficulties and dangers surrounding the Cherokee Nation and to
determine the most advisable method of procedure. At this convention
a number of speeches were made, all of which were bitterly hostile
in tone to the United States and favorable to an open alliance with
the Southern Confederacy. Ross, among others, gave free expression
to his views, and according to the published version of his remarks
gave it as his opinion that an understanding with the Confederacy was
the best thing for the Cherokees and all other Indians to secure and
that without delay; that, as for himself, he was and always had been a
Southern man, a State rights man; born in the South, and a slaveholder;
that the South was fighting for its rights against the oppressions
of the North, and that the true position of the Indians was with the
Southern people. After this speech the convention, which was attended
by four thousand male Cherokees, adopted without a dissenting voice a
resolution to abandon their relations with the United States and to
form an alliance with the Confederacy.

_Treaties between Confederate States and various Southern
tribes._--General Pike did not see Ross again until September.[565]
In the meantime, the latter had secured the attendance of a large
number of representatives of both Northern and Southern tribes, at a
convocation held at Antelope Hills, where a unanimous agreement was
reached to maintain a strict neutrality in the existing hostilities
between their white neighbors. The alleged purpose of this assembly,
as stated by General Pike, was to take advantage of the war between
the States, and form a great independent Indian confederation, but he
defeated its purpose by concluding a treaty with the Creeks on behalf
of the Confederate States, while their delegates were actually engaged
in council at the Antelope Hills. Following his negotiations with the
Creeks, he concluded treaties in quick succession with the Choctaws
and Chickasaws, the Seminoles, the Wichitas, and affiliated tribes,
including the absentee Shawnees and Delawares, and the Comanches.[566]
On returning from his treaty with the Comanches, he was met before
reaching Fort Arbuckle by a messenger bearing a letter from Ross and
his council, accompanied by a copy of the resolutions of the council
and a pressing personal invitation to repair to the Cherokee country
and enter into a treaty with that tribe. He consented and named a
day when he would meet Ross, at the same time writing the latter to
notify the Osages, Quapaws, Senecas, and the confederated Senecas and
Shawnees, to meet him at the same time. At the time fixed he proceeded
to Park Hill (Ross's residence), where he concluded treaties with these
various tribes[567] during the first week in October, reserving the
negotiations with the Cherokees to the last, the treaty with whom was
concluded on the 7th of the month at Tahlequah. This instrument was
very lengthy, being comprised in fifty-five articles.[568] The preamble
set forth that--

The Congress of the Confederate States of America having, by
an "Act for the protection of certain Indian tribes," approved the
21st day of May, in the year of our Lord one thousand eight hundred
and sixty-one, offered to assume and accept the protectorate of
the several nations and tribes of Indians occupying the country
west of Arkansas and Missouri, and to recognize them as their
wards, subject to all the rights, privileges, immunities, titles
and guarantees with each of said nations and tribes under treaties
made with them by the United States of America; and the Cherokee
Nation of Indians having assented thereto upon certain terms and
conditions: Now, therefore, the said Confederate States of America,
by Albert Pike, their commissioner, constituted by the President,
under authority of the act of Congress, in that behalf, with
plenary powers for these purposes, and the Cherokee Nation by the
principal chief, executive council, and commissioners aforesaid,
has agreed to the following articles, etc.

With some slight amendments to the instrument as originally concluded
it was duly ratified by the Confederate States.

CHEROKEE TROOPS FOR THE CONFEDERATE ARMY.

Long before[569] the conclusion of this treaty, authority was given by
General McCulloch to raise a battalion of Cherokees for the service
of the Confederate States. Under this authority a regiment was raised
in December, 1861, and commanded by Stand Watie, the leader of the
anti-Ross party. A regiment had also been previously raised, ostensibly
as home guards, the officers of which had been appointed by Chief Ross
and the command assigned to Colonel Drew.[570] After the conclusion
of the treaty this regiment was also placed at the service of the
Confederate States, and in December[571] following, in an address to
them, Ross remarked that he had raised the regiment "to act in concert
with the troops of the Southern Confederacy."

These two regiments actively participated and co-operated in the
military operations of the Confederates until after the battle of Pea
Ridge, in which they were engaged.[572] In the summer of 1862,[573]
following this battle, Colonel Weir, of the United States Army,
commanding a force partly composed of loyal Indians on the northern
border of the Cherokee country, sent a proposition to John Ross
urging that the Cherokees should repudiate their treaty with the
Confederacy and return to their former relations with the United
States, offering at the same time a safe conduct to Ross and such
of his leading counselors as he should designate through the Union
lines to Washington, where they could negotiate a new treaty with
the authorities of the United States. This proposition was declined
peremptorily by Ross, who declared that the Cherokees disdained an
alliance with a people who had authorized and practiced the most
monstrous barbarities in violation of the laws of war; that the
Cherokees were bound to the Confederate States by the faith of treaty
obligations and by a community of sentiment and interest; that they
were born upon the soil of the South and would stand or fall with the
States of the South.[574]

A CHEROKEE CONFEDERATE REGIMENT DESERTS TO THE UNITED STATES.

Colonel Drew's regiment of Cherokees had now been in the Confederate
service about ten months. During that period they had remained unpaid,
were scantily clothed, and were generally uncared for, unthanked, and
their services unrecognized.[575] When, therefore, Colonel Weir invaded
the Cherokee country in July, 1862, and the power and prestige of the
Confederacy seemed, for the time being, to have become less potent in
that region, their troops having been withdrawn to other localities,
these discontented and unfed Cherokee soldiers found themselves in
a condition ripe for revolt. Almost _en masse_, they abandoned the
Confederate service and enlisted in that of the United States.

_Conduct of John Ross._--Ross, finding that he had been abandoned by
Drew's regiment, concluded to make a virtue of necessity and become
a loyal man too, with the shrewd assertion that such had always been
the true impulse of his heart; he had been overborne, however, by the
authority and power of the Confederate Government and felt constrained
to save his people and their material interests from total destruction
by dissembling before the officials of that Government, seeking only
the first opportunity, which he had now embraced, to return with
his people to the fealty they so delighted to bear to the Federal
Government.[576] He was escorted out of the Cherokee country by Colonel
Weir's regiment and did not soon return. The burden of proof seems to
be almost, if not quite, conclusive against his pretensions to loyalty
up to this period, and now that the opportunity he had so long desired
of placing himself and his people within the protection of the United
States had arrived, instead of manifesting any of that activity which
had characterized his conduct in behalf of the Confederate States, he
retired to Philadelphia, and did not return to his people for three
years.[577]

_O-poth-le-yo-ho-lo and his loyal followers._--General Pike, in his
letter to the Commissioner of Indian Affairs pending the negotiation of
the treaty of 1866, seeks to convey the impression that there were no
actively loyal Indians among the Southern tribes during the incipient
stages of the rebellion, and perhaps this is in large measure correct
as to most of those tribes.

Their situation was such as would have worked confusion in the ideas
of a less primitive and simple minded people. For years before the
outbreak of the rebellion their superintendents, agents, and agency
employés had been, almost without exception, Southern men or men of
Southern sympathies. They were a slaveholding people, and the idea was
constantly pressed upon them that the pending difficulties between the
North and the South were solely the result of a determination on the
part of the latter to protect her slave property from the aggressions
and rapacity of the former. When at last hostilities commenced,
they saw the magnitude of the preparation and the strength of the
Confederate forces in their vicinity. The weakness of the Federal
forces was equally striking. Within the scope of their limited horizon
there was naught that seemed to shed a ray of hope upon the rapidly
darkening sky of Federal supremacy. Those who were naturally inclined
to sympathize with, and who retained a feeling of friendship and
reverence for, the old Government were awed into silence. A sense of
fear and helplessness for the time being compelled them to accept and
apparently acquiesce in a state of affairs for which many of them had
no heart.

After the Cherokee convention, at Tahlequah, in August, 1861, at which
it was decided with such unanimity to renounce their treaty relations
with the United States and to enter into diplomatic alliance with the
Confederacy, O-poth-le-yo-ho-lo, an old and prominent Creek chief, whom
Ross had notified by letter of the action taken, and upon whom he urged
the wisdom of securing similar action by the Creeks,[578] refused to
lend himself to any such measure. He called a council of the Creeks,
however, representing to them the action of the Cherokees, alleging
that their chiefs had been bought, and reminded the Creeks of the
duties and obligations by which they were bound to the Government of
the United States.

The majority of the Creeks, notwithstanding, were for active
co-operation with the Confederacy, and an internecine war was at once
inaugurated. The loyal portion of the Seminoles, Wichitas, Kickapoos,
and Delawares joined O-poth-le-yo-ho-lo and his loyal Creeks, who after
two or three engagements with the disloyal Indians, backed by a force
of Texas troops, was compelled to retreat to the north, which he did
in December, 1861.[579] The weather was extremely inclement; the loyal
Indians were burdened with all their household goods, their women
and children, and at the same time exposed to the assaults of their
enemies. Their baggage was captured, leaving many of them without shoes
or comfortable clothing. Hundreds perished on the route, and at last,
after a journey of 300 miles, they reached Humboldt, Kansas, racked
with disease, almost frozen, and with starvation staring them in the
face. Immediately upon learning of the condition of these sufferers,
Indian Superintendent Coffin promptly inaugurated measures for their
relief. Having inconsiderable funds at his command for the purpose,
application was made to General Hunter, commanding the Department of
Kansas, who promptly responded with all the supplies at his disposal.
The Indians in their retreat had become scattered over an area of
territory 200 miles in extent, between the Verdigris and Fall River,
Walnut Creek and the Arkansas. As they became aware of the efforts of
the Government for their relief, they began to pour into the camp of
rendezvous on the Verdigris, but were later removed to Le Roy, Kansas.
Authority was given to enlist the able bodied males in the service of
the United States, and two regiments were at once organized and placed
under command of Colonel Weir for an expedition against the Indian
Territory, mention of which has been previously made. A census taken
of these refugees by Superintendent Coffin, in August, 1862, showed
that there were in camp, exclusive of the 2,000 who had enlisted in
the service of the United States, 3,619 Creeks, 919 Seminoles, 165
Chickasaws, 223 Cherokees, 400 Kickapoos, 89 Delawares, 19 Ionies, and
53 Keechies, in all 5,487, consisting of 864 men, 2,040 women, and
2,583 children. In addition to these at least 15 per cent. had died
since their arrival from hardships encountered in the course of their
retreat. They were subsequently removed to the Sac and Fox reservation
in Kansas.

Until after Colonel Weir's expedition to the Indian Territory not
exceeding three hundred Cherokees had taken refuge within the Union
lines; but in the autumn of 1862, after Weir's retreat, a body of
refugees, mostly women and children, claiming the protection of the
United States, made their way to a point on the Cherokee neutral lands
some 12 miles south of Fort Scott, Kansas.

Like all the other refugees, they were in a most destitute and
suffering condition. In need of food, clothing, and supplies of all
kinds, these sufferers, to the number of two thousand, appealed for
relief, and were for a time supplied by the Superintendent of Indian
Affairs, but afterwards, on being taken under charge of the military
authorities, were transferred to Neosho, Missouri.

_Relations with the Southern Confederacy renounced._--During the month
of February, 1863 (as reported[580] by John Ross from Philadelphia),
a special meeting of the Cherokee national council was convened at
Cowskin Prairie, and the following legislation was enacted:

1. Abrogating the treaty with the Confederate States, and calling a
general convention of the people to approve the act.

2. The appointment of a delegation with suitable powers and
instructions to represent the Cherokee Nation before the United
States Government, consisting of John Ross, principal chief,
Lieutenant-Colonel Downing, Capt. James McDaniel, and Rev. Evan Jones.

3. Authorizing a general Indian council to be held at such time and
place as the principal chief may designate.

4. Deposing all officers of the nation disloyal to the Government.

5. Approving the purchase of supplies made by the treasurer and
directing their distribution.

6. Providing for the abolition of slavery in the Cherokee Nation.

RAVAGES OF WAR IN THE CHEROKEE NATION.

In the latter part of the winter of 1862 and early spring of 1863
the military authorities conceived the propriety of returning the
refugee Cherokees to their homes in time to enable them to plant their
spring crops. Two military expeditions were organized, one to move
from Springfield, Mo., under the command of General Blunt, and the
other from Scott's Mills, in charge of Colonel Phillips.[581] The
Indians were furnished with the necessary agricultural implements,
seeds, etc., and were promised complete protection from the incursions
of their enemies. The refugees, in charge of Indian Agent Harlan,
set out for their homes a week after the army had marched, reaching
Tahlequah in safety, and immediately scattering themselves throughout
the country engaged busily in planting their crops. Their labors had
only fairly commenced when they were alarmed by the reported approach
of Stand Watie and his regiment of Confederate Cherokees. The Indians
immediately suspended their labors, and, together with the troops under
Colonel Phillips, were compelled to take refuge in Fort Gibson. Their
numbers were, as reported by the superintendent, now increased to
upwards of six thousand, by the addition of many who, up to this time,
had remained at their homes. The troops of Stand Watie, alleged to
number some seven hundred, scoured the country at their pleasure, and
not only everything of value that had previously escaped confiscation
in the nation, but everything that had been brought back with them by
the refugees to aid in their proposed labors, was either carried off
or destroyed. The failure of these expeditions in accomplishing the
objects for which they were organized rendered it necessary that the
refugees should be fed and maintained at Fort Gibson, some 200 miles
distant from the base of supplies. This situation of affairs remained
practically unchanged until the close of the war, except that the
number of destitute Indians requiring subsistence from the Government
increased to sixteen or seventeen thousand. The United States forces
continued to occupy Forts Smith and Gibson, and the Indians were
thus enabled to cultivate, to a limited extent, the lands within the
immediate protection of those posts, but their country was infested
and overrun by guerrillas, who preyed upon and destroyed everything
of a destructible character. There was no portion of country within
the limits of the United States, perhaps, that was better suited to
the demands of stock-raising, and the Cherokees had, prior to the
war, entered largely into this pursuit. Many of them were wealthy and
numbered their herds by hundreds and even thousands of head. Almost
the entire nation was surrounded by all the comforts and many of the
luxuries of a civilized people. When they were overwhelmed by the
disasters of war, and saw the labors and accumulations of more than
twenty years' residence in that pleasant and fruitful country swept
away in a few weeks, the sullen bitterness of despair settled down upon
them. Their losses in stock alone aggregated, according to the best
estimates, more than 300,000 head. Is it any wonder that the springs of
hope should dry up within their breasts?

[Footnote 475: United States Statute at Large, Vol. IX, p. 871.]

[Footnote 476: May 6, 1844.]

[Footnote 477: May 30, 1844.]

[Footnote 478: Letter of Secretary of War to Commissioners Jones and
Butler, October 18, 1844.]

[Footnote 479: October 18, 1844.]

[Footnote 480: Letter of General Jones to Commissioner of Indian
Affairs, November 17, 1844.]

[Footnote 481: He was one of the chiefs of the Arkansas delegation who
signed the treaty of May 6, 1828. (See United States Statutes at Large,
Vol. VII, p. 314.)]

[Footnote 482: Letters of September 12 and November 23, 1844, from
Agent Butler to Commissioner of Indian Affairs.]

[Footnote 483: Letter of Commissioner Indian Affairs to Agent Butler,
January 17, 1845.]

[Footnote 484: Letter of Oo-no-leh to Agent Butler, May 15, 1845.
Guess left a widow, a son, and two daughters. Hon. T. L. McKenny, in
a letter to the Secretary of War, December 13, 1825, says: "His name
is Guess, and he is a native and unlettered Cherokee. Like Cadmus, he
has given to the people the alphabet of their language. It is composed
of eighty-six characters, by which in a few days the older Indians
who had despaired of deriving an education by means of the schools
* * * may read and correspond." Agent Butler, in his annual report for
1845, says: "The Cherokees who cannot speak English acquire their own
alphabet in twenty-four hours."]

[Footnote 485: September 1, 1845.]

[Footnote 486: October 22, 1845.]

[Footnote 487: November 12, 1845. They explored up the valley of Stone
Fort Creek a distance of 30 miles.]

[Footnote 488: Report of the exploring party to their council.]

[Footnote 489: January 19, 1846.]

[Footnote 490: Letter to the President, February 10, 1846.]

[Footnote 491: Letter to the Secretary of War, February 12, 1846.]

[Footnote 492: April 2, 1846.]

[Footnote 493: Letter of Agent McKissick to Commissioner Indian
Affairs, May 12, 1846, and General Arbuckle to Adjutant-General, April
28, 1846.]

[Footnote 494: Report of Agent McKissick July 4, 1846.]

[Footnote 495: Commissioner Indian Affairs to Maj. William Armstrong,
June 24, 1846.]

[Footnote 496: July 6, 1846.]

[Footnote 497: United States Statutes at Large, Vol. IX, p. 871.]

[Footnote 498: The subject of the North Carolina Cherokee interests was
also referred to this commission July 13, 1846.]

[Footnote 499: Report of Commissioner Indian Affairs to Secretary
Interior, January 20, 1855.]

[Footnote 500: Second Comptroller of the Treasury to Commissioner of
Indian Affairs, February 6, 1849.]

[Footnote 501: United States Statutes at Large, Vol. VII, p. 478.]

[Footnote 502: United States Statutes at Large, Vol. V, p. 241.]

[Footnote 503: United States Statutes at Large, Vol. IX, p. 339.]

[Footnote 504: December 3, 1849.]

[Footnote 505: United States Statutes at Large, Vol. IX, p. 572.]

[Footnote 506: September 5, 1850.]

[Footnote 507: United States Statutes at Large, Vol. IX, p. 556.]

[Footnote 508: Ibid., p. 871.]

[Footnote 509: United States Statutes at Large, Vol. VII, p. 156.]

[Footnote 510: Ibid., p. 195.]

[Footnote 511: Ibid., p. 311.]

[Footnote 512: Ibid., p. 478.]

[Footnote 513: Ibid., p. 414.]

[Footnote 514: United States Statutes at Large, Vol. IX, p. 556.]

[Footnote 515: September 22, 1851.]

[Footnote 516: November 22, 1875.]

[Footnote 517: April 28, 1877, November 20, 1880, November 17, 1881,
and October 13, 1882.]

[Footnote 518: United States Statutes at Large, Vol. XXII, p. 328.]

[Footnote 519: January 31, 1883.]

[Footnote 520: See Senate Executive Document No. 14, Forty-Eighth
Congress, 1st session.]

[Footnote 521: March 16, 1835.]

[Footnote 522: Letter of John Mason, Jr. to Secretary of War, September
25, 1837.]

[Footnote 523: United States Statutes at Large, Vol. V, p. 241.]

[Footnote 524: See report of Second Auditor and Second Comptroller to
Congress, December 3, 1849.]

[Footnote 525: See report of Second Auditor and Second Comptroller to
Congress, December 3, 1849.]

[Footnote 526: November 17, 1851.]

[Footnote 527: November 29, 1851.]

[Footnote 528: After reciting in detail the "forced" circumstances
through which those treaties were brought about, they declared--

1. That no adequate allowance had been made for the sums taken from the
treaty fund of 1835 for removal; that though an appropriation had been
made, the estimates upon which it was based were too small, and the
balance was taken out of the Indian fund.

2. That if allowable in any sense, the Government had no right to take
from the Cherokee fund an expense for removal greater than the limit
fixed by the eighth article of the treaty of 1835.

3. That the alternative of receiving for subsistence $33.33, as
provided for in the treaty of 1835, was refused to be complied with and
their people forced to receive rations in kind at double the cost.

4. That the cost of the rations issued by the commandant at Fort Gibson
to "indigent Cherokees" was improperly charged to the treaty fund,
without legal authority.

5. That the United States was bound to reimburse the amount paid to
some two or three hundred Cherokees who emigrated prior to 1835, but
who were refused a participation in the "Old Settler" fund.

6. That the Cherokees who remained in the States of Georgia, North
Carolina, and Tennessee were not entitled to any share in the per
capita fund, inasmuch as they complied with neither of two conditions
of their remaining East; and also because the census of those Cherokees
was believed to be enormously exaggerated.

7. That the sum of $103,000 had been charged upon the treaty fund for
expenses of Cherokees in Georgia during three months they were all
assembled and had reported themselves to General Scott as ready to take
up their emigration march.

8. That interest should be paid on the balance found due them from
April 15, 1851, until paid, Congress having no power to abrogate the
stipulations of a treaty.

9. That $20,000 of the funds of the emigrant Cherokees were taken to
pay the counsel and agents of the Old Settler party without authority.]

[Footnote 529: United States Statutes at Large, Vol. IX, p. 264.]

[Footnote 530: Commissioner of Indian Affairs to Secretary of Interior,
February 10, 1874.]

[Footnote 531: November 20, 1851.]

[Footnote 532: United States Statutes at Large, Vol. X, p. 700.]

[Footnote 533: The fourth section of this same act made provision
that the eighth section of the act of July 31, 1854 (United States
Statutes at Large, Vol. X, pp. 315), authorizing the payment of per
capita allowance to Cherokees east of the Mississippi, be so amended
as to authorize the payment of all such Cherokees as, being properly
entitled, were omitted from the roll of D. W. Siler from any cause
whatever.]

[Footnote 534: United States Statutes at Large, Vol. XVIII, p. 447.]

[Footnote 535: United States Statutes at Large, Vol. XV, p. 228.]

[Footnote 536: United States Statutes at Large, Vol. XVI, p. 362.]

[Footnote 537: This balance, amounting in the aggregate (with interest)
to $7,242.76, was paid April 3, 1875.]

[Footnote 538: United States Statutes at Large Vol. XVIII, p. 447.]

[Footnote 539: A short time prior (September 11, 1874) to the filing of
the award of the arbitrators in the case of the Indians _vs._ Thomas,
an agreement was made between the parties in interest to refer certain
matters of dispute between Thomas and Johnston to the consideration and
determination of the same arbitrators. As the result of this reference
an award was made which showed that there was due from Thomas to
Johnston upon three several judgments the sum of $33,887.11. Upon this
sum, however, credits to the amount of $15,552.11 (including the $6,500
with interest paid to Johnston by the Cherokees under contract of
September, 1869) were allowed, leaving the net amount due to Johnston
$18,335, which sum he was entitled to collect with interest until
paid, together with the costs taxed in the three judgments aforesaid.
The arbitrators further found that Johnson held sheriff's deeds for
considerable tracts of land which had been sold as the property of
Thomas and which were not included among the lands held by him in
trust for the Indians. These tracts Johnston had bought in by reason
of clouds upon the title and "forbiddals" of the sales at a merely
nominal figure. It was therefore declared that these sheriffs' deeds
should be held by Johnston only as security for the payment of the
balance due him on the judgments in question and for the costs taxed
on each. It was further directed that Terrell and Johnston should make
sale of so much of the lands embraced in the sheriff's deeds alluded to
(excluding those awarded to the Cherokee Indians either as a tribe or
as individuals) as would produce a sum sufficient to satisfy the above
balance of $18,335 with interest and costs.

Following this award of the arbitrators Mr. Johnston submitted a
proposition for the transfer and assignment of these judgments to the
Eastern Band of Cherokees. Based upon this offer, the Commissioner of
Indian Affairs reported to the Secretary of the Interior June 2, 1875,
that the interests of the Indians required the acceptance of Johnston's
proposition. This recommendation was confirmed by William Stickney,
of the President's board of Indian commissioners, in a report to that
body. Mr. J. W. Terrell, on behalf of the Eastern Cherokees, as well
as their agent, W. C. McCarthy, joined in urging the acceptance of the
proposal.

Supported by these opinions and recommendations, the Secretary of the
Interior, on the 3d of June, 1875, authorized the purchase of the
Johnston judgments, and two days later a requisition was issued for
the money, and instructions were given to Agent McCarthy to make the
purchase.

Under these instructions as subsequently modified (June 9, 1875),
Agent McCarthy reported (July 27, 1875) the purchase of the
judgments, amounting in the aggregate, including interest and costs,
to $19,245.53, and an assignment of them was taken in the name of
the Commissioner of Indian Affairs in trust for the Eastern Band of
Cherokee Indians of North Carolina.

From investigations and reports afterward made by Inspectors Watkins
and Vandever, it appears that there was much uncertainty and confusion
as to the actual status of these lands. The latter gentleman reported
(April 10, 1876) that the second award made by the arbitrators was a
private affair between Thomas and Johnston and was entirely separate
and distinct from the first award in the case of the Indians. He also
reported that, despite the purchase of the Johnston judgments by the
Indian Department in trust for the Indians, the two commissioners
named in the second award proceeded to sell the lands upon which these
judgments were a lien, and at the November, 1875, term of the court
made a report of their proceedings, which was affirmed by the court.

Taking into consideration all these complications, it was recommended
by Inspector Vandever that an agent or commission be appointed, if the
same could be done by consent of all parties, who should assume the
duty of appraising the lands affected by the Johnston judgments, and
that such quantity of the lands be selected for the Cherokees as would
at such appraisal equal in value the amount of the judgments, interest,
and costs, after which the remainder of the lands, if any, should be
released to Mr. Thomas. The representatives of Thomas and Johnston
also submitted a proposition for adjustment to the Indians, who by
resolution of their council (March, 1876) agreed to accept it. In the
light of this action and of the recommendation of Inspector Vandever,
Congress passed an act (August 14, 1876) authorizing the Commissioner
of Indian Affairs to receive in payment of the amount due to the
Indians on the Johnston judgments owned by them a sufficient quantity
of the Thomas lands to satisfy, at the appraised value, the amount of
such judgments, and to deed the lands thus accepted to the Eastern Band
of Cherokees in fee simple.

The commissioner of appraisal appointed and acting under this act of
Congress, and under the supervision of Inspector Watkins, selected
15,211.2 acres, the appraised value of which was $20,561.35, being the
exact amount, including interest and costs, due upon the judgments up
to October 7, 1876, the date of appraisal.

Thereupon a deed (known as the Watkins deed) was executed by the
parties representing the Johnston and Thomas interests, conveying the
lands so selected to the Commissioner of Indian Affairs in the manner
directed by the act of Congress, which deed it was agreed should be
supplemented by a new one so soon as a more definite description could
be given of the lands after survey. The surveys were made by M. S.
Temple, who also surveyed the Qualla boundary tract, a deed for which
latter tract (known as the Brooks deed) was executed direct to the
Eastern Band of North Carolina Cherokee Indians, and the supplemental
deed spoken of above was also executed. Sundry difficulties and
complications have continued from time to time to arise in connection
with the affairs of these Indians, and as the most effective measure
of protection to their interests the Commissioner of Indian Affairs
has suggested (April 26, 1882) to Congress the advisability of placing
the persons and property of these people under the jurisdiction of
the United States district court for the western district of North
Carolina.]

[Footnote 540: February 17 and March 17, 1853.]

[Footnote 541: March 26, 1853.]

[Footnote 542: This protest bore date of November 9, 1853, and was
filed by Edwin Follin, as their attorney or representative.]

[Footnote 543: September 21, 1853.]

[Footnote 544: November 22, 1853.]

[Footnote 545: Letter of Agent Butler, dated November 30, 1853.]

[Footnote 546: Annual report of Agent Butler for 1854.]

[Footnote 547: The delegation submitted these propositions in a
communication to the Commissioner of Indian Affairs, dated December 28,
1854.]

[Footnote 548: Annual report of Agent Butler for 1855.]

[Footnote 549: Annual report of Agent Butler for 1857.]

[Footnote 550: Annual report of Agent Butler for 1858.]

[Footnote 551: October 10, 1860.]

[Footnote 552: See reports of Agent Cowart in November, 1860, in Indian
Office report of 1860, pp. 224, 225.]

[Footnote 553: January 1, 1860.]

[Footnote 554: Letter of Agent R. J. Cowart to Commissioner Indian
Affairs, September 8, 1860.]

[Footnote 555: Letter of S. W. Butler, published in Philadelphia North
American, January 24, 1863.]

[Footnote 556: Letter of General Albert Pike to Commissioner of
Indian Affairs, February 17, 1866, published in pamphlet report of
Commissioner of Indian Affairs to the President, bearing date June 15,
1866.]

[Footnote 557: Letter of S. W. Butler, in Philadelphia North American,
January 24, 1863, and letter of General Albert Pike to Commissioner of
Indian Affairs, February 17, 1866.]

[Footnote 558: Letter of Albert Pike, February 17, 1866. The delegates
representing the "Southern Cherokees," in their statement to the United
States commissioners at the Fort Smith conference, September 16, 1865,
say: "Years before the war one portion of the Cherokees was arrayed in
deadly hostility against the other; a secret organized society called
the 'Pins,' led by John Ross and Rev. Jones, had sworn destruction to
the half-bloods and white men of the nation outside this organization,"
etc.]

[Footnote 559: Early in June, 1861.]

[Footnote 560: Letter of General Albert Pike to Commissioner of Indian
Affairs, February 17, 1866.]

[Footnote 561: Ibid.]

[Footnote 562: June 12, 1861.]

[Footnote 563: June 17, 1861.]

[Footnote 564: According to the message of John Ross, as principal
chief to the Cherokee national council, October 9, 1861, this
convention was held on the 21st of August, 1861.]

[Footnote 565: Pike's letter to Commissioner of Indian Affairs,
February 17, 1866.]

[Footnote 566: Pike's letter to Commissioner of Indian Affairs,
February 17, 1866. These treaties were concluded on the following dates
respectively: Creek, July 10; Choctaw and Chickasaw, July 12; Seminole,
August 1; Shawnees, Delawares, Wichitas, and affiliated tribes resident
in leased territory, and Comanches, August 12, 1861.]

[Footnote 567: The treaty with the Osages was concluded October 2, that
with the Senecas and Shawnees on the same day, and also that with the
Quapaws. (See Report Commissioner of Indian Affairs for 1865, p. 318.)]

[Footnote 568: The text of this treaty was reprinted for the use of the
United States treaty commissioners in 1866.]

[Footnote 569: August, 1861. See letter of Commissioner of Indian
Affairs to the President, June 15, 1866.]

[Footnote 570: General Albert Pike in his letter of February 17, 1866,
speaks of being escorted from Fort Gibson to Park Hill on his way to
conclude the treaty of October 7, 1861, by eight or nine companies of
Colonel Drew's regiment, which had been previously raised as a home
guard by order of the national council.]

[Footnote 571: This address (printed as document No. 7, accompanying
the letter of Commissioner of Indian Affairs to the President, June 15,
1866) bears date of December 19, 1862. This is an evident typographical
error for 1861, because the address was in the nature of a censure upon
the regiment for its defection on the eve of a battle with the forces
of O-poth-le-yo-ho-lo, the loyal Creek leader. This battle occurred at
Bushy or Bird Creek, December 9, 1861, and before the expiration of
another year Ross had left the Cherokee country under the escort of
Colonel Weir.]

[Footnote 572: Greeley's American Conflict, Vol. II, p. 32; also,
Report of Commissioner of Indian Affairs, June 15, 1866, and numerous
other official documents.]

[Footnote 573: Report of Commissioner of Indian Affairs to the
President, June 15, 1866, p. 10.]

[Footnote 574: Letter of General Albert Pike, February 17, 1866; also
letter of T. J. Mackey, June 4, 1866.]

[Footnote 575: Letter of General Albert Pike, February 17, 1866.]

[Footnote 576: Commissioner of Indian Affairs to the President, June
15, 1866.]

[Footnote 577: Ibid.]

[Footnote 578: Letter of John Ross to O-poth-le-yo-ho-lo, September 19,
1861.]

[Footnote 579: Report of Agent Cutler and Superintendent Coffin for
1862. See pages 135 and 138 of the Report of the Commissioner of Indian
Affairs for 1862.]

[Footnote 580: April 2, 1863.]

[Footnote 581: Report of Commissioner of Indian Affairs for 1863, p.
24.]

TREATY CONCLUDED JULY 19, 1866; PROCLAIMED AUGUST 11, 1866.

_Held at Washington, D. C., between Dennis N. Cooley,
Commissioner of Indian Affairs, and Elijah Sells, superintendent of
Indian Affairs for the southern superintendency, on behalf of the
United States, and the Cherokee Nation of Indians, represented by
its delegates, James McDaniel, Smith Christie, White Catcher, S. H.
Benge, J. B. Jones, and Daniel H. Ross, John Ross, principal chief,
being too unwell to join in these negotiations._[582]

MATERIAL PROVISIONS.

Whereas existing treaties between the United States and the Cherokee
Nation are deemed to be insufficient, the contracting parties agree as
follows, viz:

1. The pretended treaty of October 7, 1861, with the so-called
Confederate States, repudiated by the Cherokee National Council
February 18, 1863, is declared to be void.

2. Amnesty is declared for all offenses committed by one Cherokee
against the person or property of another or against a citizen of the
United States prior to July 4, 1866. No right of action arising out
of acts committed for or against the rebellion shall be maintained
in either the United States or the Cherokee courts, and the Cherokee
Nation agree to deliver to the United States all public property in
their control which belonged to the United States or the so-called
Confederate States.

3. The confiscation laws of the Cherokee Nation shall be repealed,
and all sales of farms and improvements are declared void. The former
owners shall have the right to repossess themselves of the property
so sold. The purchaser under the confiscation laws shall receive
from the treasurer of the nation the money paid and the value of the
permanent improvements made by him. The value of these improvements
shall be fixed by a commission, composed of one person appointed by the
United States and one appointed by the Cherokee Nation, who in case
of disagreement may appoint a third. The value of these improvements
so fixed shall be returned to the Cherokee treasurer by returning
Cherokees within three years.

4. All Cherokees and freed persons who were formerly slaves to any
Cherokee, and all free negroes, not having been such slaves, who
resided in the Cherokee Nation prior to June 1, 1861, who may within
two years elect not to reside northeast of the Arkansas River and
southeast of Grand River, shall have the right to settle in and occupy
the Canadian district southwest of the Arkansas River; and also the
country northwest of Grand River, and bounded southeast by Grand River
and west by the Creek country, to the northeast corner thereof; from
thence west on north line of Creek country to 96° west longitude;
thence north with said 96° so far that a line due east to Grand River
will include a quantity of land equal to 160 acres for each person who
may so elect to reside therein, provided that the part of said district
north of Arkansas River shall not be set apart until the Canadian
district shall be found insufficient to allow 160 acres to each person
desiring to settle under the terms of this article.

5. The inhabitants electing to reside in the district described in
the preceding article shall have the right to elect all their local
officers and judges, also their proportionate share of delegates in
any general council that may be established under the twelfth article
of this treaty; to control all their local affairs in a manner not
inconsistent with the constitution of the Cherokee Nation or the
laws of the United States, provided the Cherokees residing in said
district shall enjoy all the rights and privileges of other Cherokees
who may elect to settle in said district as herein before provided,
and shall hold the same rights and privileges and be subject to the
same liabilities as those who elect to settle in said district under
the provisions of this treaty; provided, also, that if any rules be
adopted which, in the opinion of the President, bear oppressively on
any citizen of the nation he may suspend the same. And all rules or
regulations discriminating against the citizens of other districts are
prohibited and shall be void.

6. The inhabitants of the aforesaid district shall be entitled to
representation in the national council in proportion to their numbers.
All laws shall be uniform throughout the nation. The President of the
United States is empowered to correct any evil arising from the unjust
or unequal operation of any Cherokee law and to secure an equitable
expenditure of the national funds.

7. A United States court shall be created in the Indian Territory;
until created, the United States district court nearest the Cherokee
Nation shall have exclusive original jurisdiction of all causes, civil
and criminal, between the inhabitants of the aforesaid district and
other citizens of the Cherokee Nation. All process issued in said
district against a Cherokee outside of said district shall be void
unless indorsed by the judge of the district in which the process is to
be served. A like rule shall govern the service of process issued by
Cherokee officers against persons residing in the aforesaid district.
Persons so arrested shall be held in custody until delivered to the
United States marshal or until they shall consent to be tried by the
Cherokee court. All provisions of this treaty creating distinctions
between citizens of any district and the remainder of the Cherokee
Nation shall be abrogated by the President whenever a majority of the
voters of such district shall so declare at an election duly ordered by
him. No future law or regulation enacted in the Cherokee Nation shall
take effect until ninety days after promulgation in the newspapers or
by written posted notices in both the English and Cherokee languages.

8. No license to trade in the Cherokee Nation shall be granted by the
United States unless approved by the Cherokee national council, except
in the districts mentioned in article 4.

9. The Cherokee Nation covenant and agree that slavery shall never
hereafter exist in the nation. All freedmen, as well as all free
colored persons resident in the nation at the outbreak of the rebellion
and now resident therein or who shall return within six months and
their descendants, shall have all the rights of native Cherokees.
Owners of emancipated slaves shall never receive any compensation
therefor.

10. All Cherokees shall have the right to sell their farm produce, live
stock, merchandise, or manufactures, and to ship and drive the same to
market without restraint, subject to any tax now or hereafter levied by
the United States on the quantity sold outside of the Indian Territory.

11. The Cherokee Nation grant a right of way 200 feet in width through
their country to any company authorized by Congress to construct a
railroad from north to south and from east to west through the Cherokee
Nation. The officers, employés, and laborers of such company shall be
protected in the discharge of their duties while building or operating
said road through the nation and at all times shall be subject to the
Indian intercourse laws.

12. The Cherokees agree to the organization of a general council, to be
composed of delegates elected to represent all the tribes in the Indian
Territory, and to be organized as follows:

I. A census shall be taken of each tribe in the Indian Territory.

II. The first general council shall consist of one member for each
tribe, and an additional member for each one thousand population or
fraction thereof over five hundred. Any tribe failing to elect such
members of council shall be represented by its chief or chiefs and
headmen in the above proportion. The council shall meet at such time
and place as the Superintendent of Indian Affairs shall approve. No
session shall exceed thirty days in any one year. The sessions shall be
annual; special sessions may be called by the Secretary of the Interior
in his discretion.

III. The council shall have power to legislate upon matters pertaining
to intercourse and relations of the tribes and freedmen resident in
Indian Territory; the arrest and extradition of criminals and offenders
escaping from one tribe or community to another; the administration
of justice between members of different tribes and persons other
than Indians and members of said tribes or nations; and the common
defense and safety. All laws enacted by the council shall take effect
as therein provided, unless suspended by the President of the United
States. No law shall be enacted inconsistent with the Constitution or
laws of the United States or with existing treaty stipulations. The
council shall not legislate upon matters other than above indicated,
unless jurisdiction shall be enlarged by consent of the national
council of each nation or tribe, with the assent of the President of
the United States.

IV. Said council shall be presided over by such person as may be
designated by the Secretary of the Interior.

V. The council shall elect a secretary, who shall receive from the
United States an annual salary of $500. He shall transmit a certified
copy of the council proceedings to the Secretary of the Interior and to
each tribe or nation in the council.

VI. Members of the council shall be paid by the United States $4 a day
during actual attendance on its meetings and $4 for every 20 miles of
necessary travel in going to and returning therefrom.

13. The United States may establish a court or courts in the
Indian Territory, with such organization and jurisdiction as may
be established by law, provided that the judicial tribunals of the
Cherokee Nation shall retain exclusive jurisdiction in all civil and
criminal cases arising within their country in which members of the
nation shall be the only parties, or where the cause of action shall
arise in the Cherokee Nation, except as otherwise provided in this
treaty.

14. Every society or denomination erecting or desiring to erect
buildings for missionary or educational purposes shall be entitled to
select and occupy for those purposes 160 acres of vacant land in one
body.

15. The United States may settle any civilized Indians, friendly with
the Cherokees, within the latter's country on unoccupied lands east
of 96°, on terms agreed upon between such Indians and the Cherokees,
subject to the approval of the President of the United States. If
any tribe so settling shall abandon its tribal organization and pay
into the Cherokee national fund a sum bearing the same proportion to
such fund as said tribe shall in numbers bear to the population of
the Cherokee Nation such tribe shall be incorporated into and ever
after remain a part of that nation on equal terms with native citizens
thereof.

If any tribe so settling shall decide to preserve its tribal
organization, laws, customs, and usages not inconsistent with the
constitution and laws of the Cherokee Nation, it shall have set apart
in compact form for use and occupancy a tract equal to 160 acres
for each member of the tribe. Such tribe shall pay for this land a
price agreed upon with the Cherokees, subject to the approval of the
President of the United States, and in case of disagreement the price
to be fixed by the President.

Such tribe shall also pay into the national fund a sum to be agreed
upon by the respective parties, not greater in proportion to the whole
existing national fund and the probable proceeds of the lands herein
ceded or authorized to be ceded or sold than their numbers bear to the
whole number of Cherokees, and thereafter they shall enjoy all the
rights of native Cherokees.

No Indians without tribal organization, or who having one shall have
determined to abandon the same, shall be permitted to settle in the
Cherokee country east of 96° without the permission of the proper
Cherokee authorities. And no Indians determining to preserve their
tribal organization shall so settle without such consent, unless the
President, after a full hearing of the Cherokee objections thereto,
shall deem them insufficient and authorize such settlement.

16. The United States may settle friendly Indians on any Cherokee lands
west of 96°; such lands to be selected in compact form and to equal in
quantity 160 acres for each member of the tribe so settled. Such tribe
shall pay therefor a price to be agreed upon with the Cherokees, or, in
the event of failure to agree, the price to be fixed by the President.
The tract purchased shall be conveyed in fee simple to the tribe so
purchasing, to be held in common or allotted in severalty as the United
States may decide.

The right of possession and jurisdiction over the Cherokee country west
of 96° to abide with the Cherokees until thus sold and occupied.

17. The Cherokee Nation cedes to the United States, in trust to be
surveyed, appraised, and sold for the benefit of that nation, the tract
of 800,000 acres sold to them by the United States by article 2, treaty
of 1835, and the strip of land ceded to the nation by article 4, treaty
of 1835, lying within the State of Kansas, and consents that said lands
may be included in the limits and jurisdiction of said State. The
appraisement shall not average less than $1.25 per acre, exclusive of
improvements.

The Secretary of the Interior shall, after due advertisement for sealed
bids, sell such lands to the highest bidders for cash in tracts of
not exceeding 160 acres each at not less than the appraised value.
Settlers having improvements to the value of $50 or more on any of the
lands not mineral and occupied for agricultural purposes at the date
of the signing of this treaty, shall, after due proof under rules to
be prescribed by the Secretary of the Interior, be allowed to purchase
at the appraised value the smallest quantity of land to include their
improvements, not exceeding 160 acres each.

The expenses of survey and appraisement shall be paid out of the
proceeds of the sale of the lands, and nothing herein shall prevent the
Secretary of the Interior from selling to any responsible party for
cash all of the unoccupied portion of these lands in a body, for not
less than $800,000.

18. Any lands owned by the Cherokees in Arkansas or in States east of
the Mississippi River may be sold by their national council, upon the
approval of the Secretary of the Interior.

19. All Cherokees residing on the ceded lands desiring to remove to the
Cherokee country proper shall be paid by the purchasers the appraised
value of their improvements. Such Cherokees desiring to remain on the
lands so occupied by them shall be entitled to a patent in fee simple
for 320 acres each, to include their improvements, and shall thereupon
cease to be members of the nation.

20. Whenever the Cherokee national council shall so request, the
Secretary of the Interior shall cause the country reserved for the
Cherokees to be surveyed and allotted among them at the expense of the
United States.

21. The United States shall at its own expense cause to be run and
marked the boundary line between the Cherokee Nation and the States
of Arkansas, Missouri, and Kansas as far west as the Arkansas River,
by two commissioners, one of whom shall be designated by the Cherokee
national council.

22. The Cherokee national council shall have the privilege of
appointing an agent to examine the accounts of the nation with the
United States, who shall have free access to all the accounts and books
in the Executive Departments relating to the business of the Cherokees.

23. All funds due the nation or accruing from the sale of their lands
shall be invested in United States registered stocks and the interest
paid semi-annually on the order of the Cherokee Nation, and applied
to the following purposes: 35 per cent. for the support of the common
schools of the nation and educational purposes; 15 per cent. for the
orphan fund, and 50 per cent. for general purposes, including salaries
of district officers. The Secretary of the Interior, with the approval
of the President, may pay out of the funds due the nation, on the
order of the national council, an amount necessary to meet outstanding
obligations of the Cherokee Nation, not exceeding $150,000.

24. Three thousand dollars shall be paid out of the Cherokee funds to
the Rev. Evan Jones, now in poverty and crippled, as a reward for forty
years' faithful missionary labors in the nation.

25. All bounty and pay of deceased Cherokee soldiers remaining
unclaimed at the expiration of two years shall be paid as the national
council may direct, to be applied to the foundation and support of an
orphan asylum.

26. The United States guarantee to the Cherokees the quiet and
peaceable possession of their country and protection against domestic
feuds and insurrection as well as hostilities of other tribes. They
shall also be protected from intrusion by all unauthorized citizens
of the United States attempting to settle on their lands or reside in
their territory. Damages resulting from hostilities among the Indian
tribes shall be charged to the tribe beginning the same.

27. The United States shall have the right to establish one or more
military posts in the Cherokee Nation. No sutler or other person,
except the medical department proper, shall have the right to introduce
spirituous, vinous, or malt liquors into the country, and then only for
strictly medical purposes. All unauthorized persons are prohibited from
coming into or remaining in the Cherokee Nation, and it is the duty of
the United States agent to have such persons removed as required by the
Indian intercourse laws of the United States.

28. The United States agree to pay for provisions and clothing
furnished the army of Appotholehala in the winter of 1861 and 1862 a
sum not exceeding $10,000.

29. The United States agree to pay out of the proceeds of sale of
Cherokee lands $10,000, or so much thereof as may be necessary, to
defray the expenses of the Cherokee delegates and representatives
invited to Washington by the United States to conclude this treaty, and
also to pay the reasonable costs and expenses of the delegates of the
Southern Cherokees.

30. The United States agree to pay not exceeding $20,000 to cover
losses sustained by missionaries or missionary societies, in being
driven from the Cherokee country by United States agents and on account
of property taken and destroyed by United States troops.

31. All provisions of former treaties not inconsistent with this treaty
shall continue in force; and nothing herein shall be construed as an
acknowledgment by the United States or as a relinquishment by the
Cherokee Nation of any claims or demands under the guarantees of former
treaties, except as herein expressly provided.

[Footnote 582: United States Statutes at Large, Vol. XIV, p. 799.]

TREATY CONCLUDED APRIL 27, 1868; PROCLAIMED JUNE 10, 1868.[583]

_Held at Washington, D. C., between Nathaniel G. Taylor,
commissioner on the part of the United States, and the duly
authorized delegates of the Cherokee Nation._

MATERIAL PROVISIONS.

This treaty is concluded as a supplemental article to the treaty of
July 19, 1866.

After reciting that a contract was entered into August 30, 1866, for
the sale of the Cherokee neutral land, between James Harlan, Secretary
of the Interior, and the American Emigrant Company; that such contract
had been annulled as illegal by O. H. Browning, as Secretary of the
Interior, who in turn entered into a contract of sale October 9, 1867,
with James F. Joy, for the same lands, it is agreed by this treaty, in
order to prevent litigation and to harmonize conflicting interests,
as follows, viz: An assignment of the contract of August 30, 1866,
with the American Emigrant Company shall be made to James F. Joy. Said
contract as hereinafter modified is reaffirmed and declared valid. The
contract with James F. Joy of October 9, 1867, shall be relinquished
and canceled by said Joy or his attorney. The said first contract,
as hereinafter modified, and the assignment thereof, together with
the relinquishment of the second contract, are hereby ratified and
confirmed whenever such assignment and relinquishment shall be entered
of record in the Department of the Interior, and when said Joy shall
have accepted such assignment and entered into contract to perform
all the obligations of the American Emigrant Company under said first
contract as hereinafter modified.

The modifications of said contract are declared to be:

1. Within ten days from the ratification of this treaty, $75,000 shall
be paid to the Secretary of the Interior, as trustee for the Cherokee
Nation.

2. The other deferred payments shall be paid when they fall due, with
interest only from the ratification hereof.

It is distinctly understood that said Joy shall take only the residue
of said lands after securing to "actual settlers" the lands to which
they are entitled under the amended seventeenth article of the treaty
of July 19, 1866. The proceeds of the sales of such lands so occupied
by settlers shall inure to the benefit of the Cherokee Nation.

HISTORICAL DATA.

UNITED STATES DESIRE TO REMOVE INDIANS FROM KANSAS TO INDIAN TERRITORY.

It had for several years been the hope of the Government that so
soon as the war was ended arrangements could be perfected whereby
concessions of territory could be obtained from the principal Southern
tribes. To territory thus acquired it was proposed, after obtaining
their consent, to remove the several tribes possessing reservations
in Kansas, or at least such of them as were not prepared or willing
to dissolve their tribal relations and become citizens of the United
States. The fertile and agreeable prairies of that State were being
rapidly absorbed by an ever increasing stream of immigration, which
gave promise as soon as the war should close and the armies be
disbanded of an indefinite increase. The numerous Indian reservations
dotting the face of the State in all directions afforded most desirable
farming and grazing lands that would soon be needed for this rapidly
multiplying white population.

COUNCIL OF SOUTHERN TRIBES AT CAMP NAPOLEON.

It was, therefore, with much gratification that the Secretary of
the Interior learned during the month of June, 1865,[584] of the
holding of a council at Camp Napoleon, Chattatomha, on the 24th of
May preceding, which was attended by representatives of all the
southern and southwestern tribes, as well as by the Osages. At this
council delegates representing each tribe had been appointed to visit
Washington, authorized to enter into treaty negotiations. Before these
delegations were ready to start, however, it had been determined by the
President to appoint special commissioners, who should proceed to the
Indian country and meet them at Fort Smith.

GENERAL COUNCIL AT FORT SMITH.

This commission as constituted consisted of D. N. Cooley, Commissioner
of Indian Affairs; Elijah Sells, superintendent of Indian affairs;
Thomas Wistar, a leading Quaker; General W. S. Harney, of the United
States Army; and Col. E. S. Parker, of General Grant's staff.[585]
Proceeding to Fort Smith, the council was convened on the 8th day of
September, and was attended by delegates representing the Creeks,
Choctaws, Chickasaws, Cherokees, Seminoles, Osages, Senecas, Shawnees,
Quapaws, Wyandots, Wichitas, and Comanches. In opening the council the
Indians were informed that the commissioners had been sent to ascertain
their disposition and feeling toward the United States; that most of
them had violated their treaty obligations to the Government and, by
entering into diplomatic relations with the so-called Confederate
States, had forfeited all right to the protection of the United States
and subjected their property to the penalty of confiscation.

They were assured, however, that the Government had no disposition to
deal harshly with them. On the contrary, it was desirous of undertaking
such measures as would conduce to their happiness, and was especially
determined to grant handsome recognition to those of them whose loyalty
had been so firmly and consistently manifested in the face of the
most cruelly adverse conditions. The council continued in session for
thirteen days. On the second day the Indians were informed that the
commissioners were empowered to enter into treaties with the several
tribes upon the basis of the following propositions:

1. That opposing factions of each tribe must enter into a treaty for
permanent peace and amity among themselves: also between each other as
tribes, and with the United States.

2. The tribes settled in the "Indian country" should bind themselves at
the call of the United States authorities to assist in compelling the
wild tribes of the plains to keep the peace.

3. Slavery should be abolished and measures should be taken to
incorporate the slaves into the several tribes, with their rights
guaranteed.

4. A general stipulation as to the final abolition of slavery.

5. A part of the Indian country should be set apart to be purchased
for the use of such Indians from Kansas or elsewhere as the Government
should desire to colonize therein.

6. That the policy of the Government to unite all the Indian tribes of
this region into one consolidated government should be accepted.

7. That no white persons, except Government employés or officers or
employés of internal improvement companies authorized by Government,
should be permitted to reside in the country unless incorporated with
the several nations.

_Reasons for Cherokee disloyalty._--The subsequent sessions of the
council were largely taken up in the discussion of these propositions
by the representatives of the various tribes. It is only with the
conduct of the Cherokees, however, that the present history is
concerned. The address of the representatives of the "loyal" portion
of this tribe is especially noteworthy in this, that they charged the
cause of their alliance with the rebel authorities upon the United
States, by reason of the latter having violated its treaty obligations
in failing to give them protection, whereby they were _compelled_ to
enter into treaty relations with the Confederacy. This statement the
president of the commission took occasion to traverse, and to assure
them of the existence of abundant evidence that their alliance with the
Confederacy was voluntary and unnecessary.

Before the close of the council it was ascertained that no final and
definite treaties could be made with the tribes represented, for the
reason that until the differences between the loyal and disloyal
portions could be healed no truly representative delegations of both
factions could be assembled in council. Preliminary articles of peace
and amity with the different factions of each tribe were prepared and
signed as a basis for future negotiations.

_Factional hostility among the Cherokees._--The only tribe with whom
the commissioners were unsuccessful in re-establishing friendly
relations between these factions was the Cherokees.[586]

The ancient feuds between the Ross and Ridge parties were still
remembered. Many of the latter who had remained under Stand Watie in
the service of the Confederacy until the close of the war were yet
debarred from returning to their old homes, and were living in great
destitution on the banks of the Red River.[587] When the Ross party
had returned to their allegiance, in 1863, their national council had
passed an act of confiscation[587] against the Watie faction, which
had been enforced with the utmost rigor, so that some five or six
thousand members of the tribe had been rendered houseless, homeless,
and vagabonds upon the face of the earth. All prospect of securing a
reconciliation between these parties was for the time being abandoned
by the commissioners, and the proposition was seriously considered
of securing a home for Watie and his followers among the Choctaws or
Chickasaws.[588]

_John Ross not recognized as principal chief._--On the day[589] on
which the draft of the proposed preliminary treaty was presented to
the council by the commissioners John Ross arrived in the camp of the
Cherokees. It had already been determined by the commissioners among
themselves that his record had been such as to preclude his recognition
by them as principal chief of that nation, and it was believed that his
influence was being used to prevent the loyal Cherokees from coming to
any amicable arrangement with their Southern brethren.

The chairman therefore read to the council[590] a paper signed by the
several commissioners, reciting the machinations and deceptions of John
Ross. It was alleged that he did not represent the will and wishes
of the loyal Cherokees, and was not the choice of any considerable
portion of the nation for the office claimed by him, an office which
by the Cherokee law the commissioners believed he did not in fact hold.
They therefore refused, as commissioners representing the interests of
the United States, to recognize Ross in any manner as the chief of the
Cherokee Nation.

_Loyal Cherokees will sign treaty conditionally._--At the same sitting
of the council, Colonel Reese, of the loyal Cherokee delegation,
declared that they were willing to sign the proposed treaty, but in so
doing would not acknowledge that they had forfeited their rights and
privileges to annuities and lands as set forth in the preamble, but
that their signatures must be made under the following statement, viz:
"We, the loyal delegation, acknowledge the execution of the treaty
of October 7, 1861, but we solemnly declare that the execution was
procured by the coercion of the rebel army."

_Southern Cherokees will sign treaty conditionally._--On the following
day[591] the credentials of the Southern Cherokees were presented
by E. C. Boudinot, accompanied by the statement that they cordially
acceded to the 1st, 2d, 4th, 5th, and 7th propositions of the
commissioners without qualification; that they accepted the abolition
of slavery as an accomplished fact, and were willing to give such fact
legal significance by appropriate acts of council. They insisted,
however, that it would neither be for the benefit of the emancipated
negro nor for that of the Indian to incorporate the former into the
tribe on an equal footing with its original members. They were also
opposed to the policy of consolidating all the tribes in the Indian
Territory under one government, because of the many incongruous and
irreconcilable elements which no power could bring into a semblance of
assimilation.[592]

_Southern Cherokees want a division of territory._--They had already
proffered and were willing again to proffer the olive-branch of peace
and reconciliation to their brethren of the so called loyal portion of
the nation, but respectfully urged that after all the blood that had
been shed and the intense bitterness that seemed to fill the bosoms of
their brethren they ought not to be expected to live in an undivided
country. They wished peace, and they believed they could have it in no
other way than by an equitable division of the Cherokee country in such
manner as should seem most appropriate to the United States.

_Statement by John Ross._--The delegation of loyal Cherokees at the
next session of the council[593] presented their exceptions to the
action of the commissioners in declining to recognize John Ross and
that gentleman was permitted to make a statement in his own behalf. The
constantly accumulating evidence against him was such, however, as to
more fully confirm the commissioners in the propriety of their previous
action.

On the 21st of September the council adjourned, to meet again at the
call of the Secretary of the Interior.

CONFERENCE AT WASHINGTON, D. C.

Early in 1866, in accordance with the understanding had at the
adjournment of the Fort Smith council, delegations representing both
factions of the Cherokees proceeded to Washington for the purpose
of concluding some definite articles of agreement with the United
States. They were represented by eminent counsel in the persons of
General Thomas Ewing for the loyal and Hon. D. W. Voorhees for the
Southern element. Many joint interviews and discussions were held in
the presence of Commissioners Cooley, Parker, and Sells, but without
any hopeful results. The bitterness exhibited in these discussions
upon both sides gave but little promise that enmities of more than
twenty years' standing could be subordinated to the demands of a
peaceful and harmonious government. The Southern element, which
numbered about sixty-five hundred, constituted but a minority of the
whole nation. These, with the exception of perhaps two hundred, were
still living in banishment among the Choctaws and Chickasaws, and felt
it would be unsafe to return to their old homes with the Ross party
in full possession of the machinery of government and ready to apply
with severest rigor the enginery of their confiscation law. Their
representatives were therefore instructed to demand, as the only hope
for their future peace and happiness, a division of the Cherokee lands
and funds in proportion to their numbers between the two contending
parties.[594] On the other hand, the representatives of the Ross or
loyal party insisted that there was no good reason existing why the
Southern element should be unable to dwell harmoniously with them in
the same country and under the same laws, which they asserted always
had been and always would be impartially and justly administered, so
far as they were concerned.

A just feeling of national pride would always forbid their consent
to any scheme against the integrity and unity of the whole Cherokee
Nation. But, while they were thus on principle compelled to antagonize
the demand of the Southern faction, yet if that element felt the
impossibility of living comfortably in the midst of their loyal
brethren the latter were willing that the portion of their national
domain known as the Canadian district should be devoted to their sole
occupation and settlement for a period of two years or until the
President of the United States should deem it inadvisable to longer
continue such exclusiveness.[595] To this again the Southern Cherokees
refused assent, because of the insufficient area of the Canadian
district, and because they were unwilling to trust themselves under the
jurisdiction of their enemies' laws and courts.

_Factious conduct of both parties._--Each faction was desirous of
making a treaty with the Government, and each was fearful lest the
United States should recognize the other as the proper party with which
to conclude that treaty. The United States officials were convinced
that the Ross party represented the rightfully constituted authorities
of the nation, and their delegates were thus the only really authorized
persons with whom a treaty could with strict propriety be made. But
they were also convinced that it would be highly improper to conclude
any treaty which should leave the Southern Cherokees in any degree
subject to the malice and revengeful disposition of their enemies. It
was the desire of the United States to secure from the Cherokees a
cession of sufficient land upon which to colonize the Indian tribes
then resident in Kansas. The Southern party therefore agreed to cede
for that purpose all of the Cherokee domain west of 96° west longitude,
and to sell the "neutral land" for the sum of $500,000, provided the
Government would treat with them. The loyal party, however, refused
to cede any territory for purposes of colonization east of 97° west
longitude, and demanded $1,000,000 for the "neutral land," at the same
time assuming that the United States had no right or authority to
entertain any proposition from any other source whatever involving the
disposition of the domain or funds of the Cherokee Nation.[596]

Interviews, consultations, and discussions followed each other in rapid
succession, covering a period of several months, with no apparent
approach toward a final agreement.

_Treaty concluded with Southern Cherokees._--At length the United
States commissioners despairing of success with the loyal element,
concluded a treaty with the Southern party.[597]

Among other things, this treaty provided that a quantity of land equal
to 160 acres for every man, woman, and child, including the freedmen
belonging to the Southern party, and also for each North Carolina
Cherokee who should, within one year, remove and join them, should be
set apart in that portion of their territory known as the Canadian
district, for their sole use and occupancy. In case this district
should afford an insufficient area of land, there should be added a
further tract extending northward and lying between Grand River and
the Creek boundary, and still further northward and westward between
that river and the line of 95° 30' west longitude, or a line as far
west if necessary as 96° west longitude, until the necessary complement
of land, based upon a census of their people, should be secured. It
was further agreed that the Southern Cherokees should have exclusive
jurisdiction and control in the Canadian district, southwest of the
Arkansas River, and of all that tract of country lying northeast of the
Arkansas River and bounded on the east by Grand River, north by the
line of 36° 30' north latitude, and west by 96° of west longitude and
the Creek reservation. In consideration of these things, the Southern
Cherokees ceded absolutely to the United States all other Cherokee
lands owned by them, at such price as should be agreed upon by the
respective parties, whenever the Northern or loyal Cherokees should
agree with the United States to sell the same. The sale of the "neutral
land" was provided for at a sum per acre to be fixed by the President,
which should amount in the aggregate to not less than $500,000. In
all future negotiations with the United States, as in the past, but
one Cherokee Nation should be recognized, but each of the two parties
or divisions should be represented by delegates in proportion to
their respective numbers. All moneys due the nation should be divided
between the parties in the same proportion, and whenever the state
of feeling throughout the nation should become such as by their own
desire to render a complete and harmonious reunion of the two factions
practicable, the United States would consent to the accomplishment of
such a measure.

This treaty was duly signed, witnessed, and transmitted through the
Secretary of the Interior to the President for submission to the Senate
of the United States. The President retained it for more than a month,
when, upon the conclusion of a treaty under date of July 19, 1866,[598]
with the loyal Cherokees, he returned the former to the commissioners
at the time he transmitted the latter instrument to the Senate for the
advice and consent of that body to its ratification.

_Treaty concluded with loyal Cherokees._--The treaty of July 19, though
not filling the full measure of desire on the part of the United
States, and though not thoroughly satisfactory in its terms to either
of the discordant Cherokee elements, was the best compromise that could
be effected under the circumstances, and was ratified and proclaimed
August 11, 1866. It is unnecessary to recite its provisions here, as
a full abstract of them has been given in the preceding pages. Nine
days prior to its conclusion the Secretary of the Interior addressed a
communication to Commissioner Cooley, who was president of the board of
treaty commissioners, reminding him of their action the preceding fall
at Fort Smith in suspending John Ross from his functions as principal
chief, suggesting that the reasons rendering that action necessary
at the time no longer existed, and giving his consent, in case the
commissioners should feel so inclined, to the immediate recognition of
Ross in that capacity.

_Death of John Ross._--The old man was at this time unable, by reason
of illness, to participate in the deliberations concerning the new
treaty,[599] and within a few days thereafter he died. He was in many
respects a remarkable man. Though of Scotch-Indian parentage he was the
champion of the full-blood as against the mixed-blood members of the
nation, and for nearly half a century had been a prominent figure in
all the important affairs of the Cherokee Nation. Notwithstanding his
many opportunities for immense gains he seems to have died a poor man
and his family were left without the necessaries of life. His sixty
slaves, and everything he possessed in the way of houses, stock, and
other like property, were swept away during the war.[600]

CESSION AND SALE OF CHEROKEE STRIP AND NEUTRAL LANDS.

The seventeenth article of the treaty of July 19, 1866, ceded to the
United States, in trust to be disposed of for the benefit of the
Cherokees, both the tract known as the "neutral land," previously
alluded to, and that known as the "Cherokee strip." The latter was a
narrow strip, extending from the Neosho River west to the western limit
of the Cherokee lands. The Cherokee domain, as described in the treaty
of 1835, extended northward to the south line of the Osage lands. When
the State of Kansas was admitted to the Union its south boundary was
made coincident with the thirty-seventh degree of north latitude, which
was found to run a short distance to the southward of the southern
Osage boundary, thus leaving the narrow "strip" of Cherokee lands
within the boundaries of that State.

The proviso of the seventeenth article just mentioned required that the
lands therein ceded should be surveyed, after the manner of surveying
the public lands of the United States, and should be appraised by two
commissioners, one of whom should be appointed by the United States and
the other by the Cherokee Nation, such appraisement not to average less
than $1.25 per acre. After such appraisement, the lands were to be sold
under the direction of the Secretary of the Interior on sealed bids, in
tracts of not exceeding 160 acres each, for cash, with the proviso that
nothing should forbid the sale, if deemed for the best interests of the
Indians, of the entire tract of "neutral land" (except the portion
occupied by actual settlers) in one body to any responsible party for
cash for a sum not less than $800,000. An exception was made as to the
lands which were occupied by bona fide white settlers at the date of
the signing of the treaty, who were allowed the privilege of purchasing
at the appraised value, exclusive of their improvements, in quantities
of not exceeding 160 acres each, to include such improvements.

The language of this seventeenth article being somewhat obscure and
subject to different interpretations as to the actual intent concerning
the method of disposing of the "Cherokee strip," no action was taken
toward its survey and sale until the year 1872, when by an act of
Congress[601] provision was made for the appraisal of that portion of
it lying east of Arkansas River at not less than $2 per acre, and the
portion west of that river at not less than $1.50 per acre. Further
provision was also made, by the same act, for its disposal on certain
conditions to actual settlers, and any portion not being rendered
amenable to these conditions was to be sold on sealed bids at not less
than the minimum price fixed by the act. A considerable quantity of
the most fertile portion of the tract was thus disposed of to actual
settlers, though, as an encouragement to the sale, Congress was induced
to pass an act[602] extending the limit of payment required of settlers
to January 1, 1875. The price fixed by the act of 1872 being so high
as to render the remainder of the land unattractive to settlers, a
subsequent act of Congress[603] directed that all unsold portions
of the said tract should be offered through the General Land Office
to settlers at $1.25 per acre, for the period of one year, and that
all land remaining unsold at the expiration of that period should be
sold for cash at not less than $1 per acre. This act was conditional
upon the approval of the Cherokee national council, which assent was
promptly given, and the lands were disposed of under its provisions.

Shortly after the ratification of the treaty of 1866 steps were taken
toward a disposition of the "neutral lands." Under date of August 30 of
that year Hon. James Harlan, Secretary of the Interior, entered into
a contract with a corporation known as the American Emigrant Company,
whereby that company became the purchaser, subject to the limitations
and restrictions set forth in the seventeenth article of the treaty, of
the whole tract of neutral land at the price of $1 per acre, payable
in installments, running through a period of several years. This
contract was subsequently declared invalid[604] by Hon. O. H. Browning,
the successor of Secretary Harlan, on the score that the proviso
"for cash," contained in the treaty of 1866, in the common business
acceptation of the term, meant a payment of the purchase price in full
by the purchaser at the time of the sale, and was intended to forbid
any sale on deferred payments.

In the following spring[605] an agreement was entered into between the
Cherokee authorities and the Atlantic and Pacific Railway Company,
which involved a modification of the seventeenth article of the treaty
of 1866, and engaged to sell the "neutral lands" to that company on
credit. This agreement was submitted by the Commissioner of Indian
Affairs to the Secretary of the Interior for transmission through the
President to the Senate for ratification as an amended article to
the treaty of July 19, 1866, but did not meet with favorable action.
Subsequently[606] the Secretary of the Interior entered into an
agreement with James F. Joy, of Detroit, Mich., whereby the latter
became the purchaser of all that portion of the "neutral land" not
subject to the rights of actual settlers, at the price of $1 per acre
in cash. Difficulties having arisen by reason of the conflicting claims
of the different would-be purchasers, it was finally deemed judicious
to obviate them by concluding a supplemental article to the treaty of
1866. This was accordingly done, at Washington, on the 27th of April,
1868, and the same was ratified and proclaimed on the 10th of June
following.[607] This supplemental treaty provided for the assignment by
the American Emigrant Company to James F. Joy of its contract of August
30, 1866. It was further stipulated that that contract, in a modified
form, should be reaffirmed and declared valid, and that the contract
entered into with James F. Joy on the 9th of October, 1867, should be
relinquished and canceled. Furthermore, it was agreed that the first
contract, as modified, and the assignment to Joy, together with the
relinquishment of the second contract, should be considered ratified
and confirmed whenever such assignment and relinquishment should be
entered of record in the Department of the Interior and when James F.
Joy should have accepted such assignment and entered into a contract
with the Secretary of the Interior to assume and perform all the
obligations of the American Emigrant Company under the first mentioned
contract as modified.

The assignment of their contract with Secretary Harlan by the American
Emigrant Company to James F. Joy was made on the 6th of June, 1868.
The contract of October 9, 1867, between Secretary Browning and James
F. Joy was relinquished by the latter June 8, 1868, and on the same
day a new contract was entered into with Joy accepting the assignment
of the American Emigrant Company and undertaking to assume and perform
all the obligations of the original contractor thereunder, subject to
the modifications prescribed in the supplemental treaty of April 27,
1868.[608]

The requirement of the treaty of 1866 as to the appraisal of the
neutral lands was carried into effect by the appointment of John T.
Cox, on behalf of the United States, and of William A. Phillips, on
behalf of the Cherokees, as commissioners of appraisal. From their
report as corrected it is ascertained that the quantity awarded to
settlers was 154,395.12[609] acres; quantity purchased by Joy under
his contract, 640,199.69 acres. A portion of the lands awarded to
settlers, but upon which default was made in payment, and amounting
to 3,231.21[610] acres, was advertised and sold on sealed bids to
the highest bidders.[611] A small portion[612] of the tract was also
absorbed by the claims of Cherokees who were settled thereon. The
entire area of the neutral lands, as shown by the plats of survey, was
799,614.72 acres.

APPRAISAL OF CONFISCATED PROPERTY--CENSUS.

In pursuance of the third article of the treaty of 1866, and in
accordance with the terms of an act of Congress approved July 27,
1868,[613] H. R. Kretschmar, on behalf of the United States, and ----
Stephens, on behalf of the Cherokee Nation, were appointed, in the
summer of 1868,[614] commissioners to appraise the cost of property
and improvements on farms confiscated and sold by the Cherokee Nation
from acts growing out of the Southern rebellion. J. J. Humphreys had
been appointed May 21 of the preceding year to perform the same duties,
but had not fulfilled the object of his instructions. The commission
reported[615] the value of the improvements of the character referred
to as $4,657.

Mr. H. Tompkins was designated in the summer of 1867[616] to take the
census of Cherokees in the Indian Territory contemplated by the twelfth
article of the treaty of 1866. From his returns it appears that the
nation then numbered 13,566 souls.

NEW TREATY CONCLUDED BUT NEVER RATIFIED.

During the two years following the conclusion of the treaty of 1866
peace and quietude prevailed among the Cherokees. They were blessed
with abundant crops and the bitter animosities of the past years became
greatly softened, insomuch that the Secretary of the Interior, in the
spring of 1868,[617] under the authority of the President, directed
that negotiations be opened with them for a new treaty in compliance
with their request.[618] Articles of agreement were accordingly entered
into on the 9th of July, 1868,[619] between N. G. Taylor, commissioner
on behalf of the United States, and the principal chiefs and delegates
representing the Cherokee Nation. The reasons rendering this treaty
both desirable and necessary are thus set forth in the preamble, viz:

Whereas the feuds and dissensions which for many years divided
the Cherokees and retarded their progress and civilization have
ceased to exist, and there remains no longer any cause for
maintaining the political divisions and distinctions contemplated
by the treaty of 19th July, 1866; and whereas the whole Cherokee
people are now united in peace and friendship, and are earnestly
desirous of preserving and perpetuating the harmony and unity
prevailing among them; and whereas many of the provisions of said
treaty of July 19, 1866, are so obscure and ambiguous as to render
their true intent and meaning on important points difficult to
define and impossible to execute and may become a fruitful source
of conflict not only amongst the Cherokees themselves but between
the authorities of the United States and the Cherokee Nation and
citizens; and whereas important interests remain unsettled between
the Government of the United States and the Cherokee Nation and its
citizens, which in justice to all concerned ought to be speedily
adjusted: Therefore, with a view to the preservation of that
harmony which now so happily subsists among the Cherokees, and to
the adjustment of all unsettled business growing out of treaty
stipulations between the Cherokee Nation and the Government of the
United States, it is mutually agreed by the parties to this treaty
as follows, etc.

Among the more important objects sought to be accomplished, and for
which provision was made in the treaty, were:

1. The abolition of all party distinctions among the Cherokees and the
abrogation of all laws or treaty provisions tending to preserve such
distinctions.

2. The boundaries of the Cherokee country are defined in detail and as
extending as far west as the northeast corner of New Mexico.

3. The United States reaffirm all obligations to the Cherokees arising
out of treaty stipulations or legislative acts of the Government.

4. The United States having by article 2 of the treaty with the
Comanches and Kiowas of October 18, 1865, set apart for their use
and occupation and that of other friendly tribes that portion of the
Cherokee domain lying west of 98° W. longitude and south of 37° N.
latitude; and having further, by article 16 of Cherokee treaty of July
19, 1866, set apart in effect for the like purpose of settling friendly
Indians thereon all the remaining Cherokee domain west of 96° W.
longitude, agree to pay to the Cherokees therefor, including the tract
known as the "Cherokee strip," in the State of Kansas, and estimated
to contain in the aggregate the quantity of 13,768,000 acres, the sum
of $3,500,000. This agreement was accompanied with the proviso that
the Cherokees should further relinquish to the United States all right
and interest in and to that portion of the Cherokee "outlet" embraced
within the Pan Handle of Texas, containing about 3,000,000 acres, as
well as that portion within New Mexico and Colorado, excepting and
reserving, however, all salines west of 99° to the Cherokees.

5. The United States agree to refund to the Cherokees the sum of
$500,000 paid by the latter for the tract of "neutral land," under the
treaty of 1835, together with 5 per cent. interest from the date of
that treaty, and to apply for the use and benefit of the former all
moneys accruing from the sale of that tract.

6. The United States agree to ascertain the number of acres of land
reserved and owned by the Cherokee Nation in the State of Arkansas, and
in States east of the Mississippi River, and to pay to the Cherokees
the appraised value thereof.

7. The United States agree to pay all arrears of Cherokee annuities
accruing during the war and remaining unpaid.

8. Citizens of the United States having become citizens of the
Cherokee Nation, shall not be held to answer before any court of the
United States any further than if they were native-born Cherokees.
All Cherokees shall be held to answer for any offense committed among
themselves within the Cherokee Nation only to the courts of that
nation, and for any offense committed without the limits of the nation
shall be answerable only in the courts of the United States.

9. The post and reservation of Fort Gibson having been reoccupied by
the United States, it is agreed that all Cherokees who purchased lots
at the former sale of the military reserve by the Cherokee authorities,
after its abandonment by the United States, shall be reimbursed for all
losses occasioned by such military reoccupation.

10. The United States shall continue to appoint a superintendent of
Indian affairs for the Indian Territory and an agent for the Cherokees.

11. A commission of three persons (two citizens of the United States
and one Cherokee) shall be appointed to pass upon and adjudicate all
claims of the Cherokee Nation, or its citizens, against the United
States, or any of the several States.

12. The powers of the agent provided for by the twenty-second article
of the treaty of 1866 to examine the accounts of the Cherokee Nation
with the United States are enlarged to include the accounts of
individual Cherokees with the United States.

13. All claims against the United States for Cherokee losses through
the action of the military authorities of the United States, or from
the neglect of the latter to afford the protection to the Cherokees
guaranteed by treaty stipulation, are to be examined and reported on by
the commission appointed under the eleventh article of this treaty.

14. Full faith and credit shall be given by the United States to the
public acts, records, and judicial proceedings of the Cherokee Nation
when properly authenticated.

15. Cherokees east of the Mississippi River, who remove within three
years to the Cherokee Nation, shall be entitled to all the privileges
of citizens thereof. After that date they can only be admitted to
citizenship by act of the Cherokee national council.

16. Every Cherokee shall have the free right to sell, ship, or drive
to market any of his produce, wares, or live stock without taxation
by the United States, or any State, and no license to trade in the
Cherokee Nation shall be granted unless approved by the Cherokee
council.

17. Fifty thousand dollars shall be allowed for the expenses of the
Cherokee delegation in negotiating this treaty, one half to be paid out
of their national fund.

18. Executors and administrators of the owners of confiscated property
shall have the right, under the third article of the treaty of 1866, to
take possession of such property.

19. Twenty-four thousand dollars shall be paid by the Cherokee Nation
to the heir of Bluford West, as the value of a saline and improvements
of which he was dispossessed.

20. Abrogation is declared of so much of article 7, treaty of 1866, as
vests in United States courts jurisdiction of causes arising between
citizens of the Cherokee Nation, and transfers such jurisdiction to the
Cherokee courts.

21. Provision of the treaty of 1866 relative to freedmen is reaffirmed;
the United States guarantee the Cherokees in the possession of their
lands and protection from domestic strife, hostile invasions, and
aggressions by other Indian tribes or lawless whites.

BOUNDARIES OF THE CHEROKEE DOMAIN.

During the proceedings incident to the negotiation of this treaty the
question arose as to what constituted the proper western limit of the
Cherokee country.

The Cherokees themselves claimed that their territory extended at least
as far west as 103° west longitude, being the northeast corner of New
Mexico. Their claim was based in part upon the second article of the
treaty of 1828,[620] the first article of the treaty of 1833,[621] the
second article of the treaty of 1835,[622] and the first article of the
treaty of 1846.[623]

The treaty of 1828 guaranteed to the Cherokees seven millions of acres
of land, and then declared in the following words: "In addition to the
seven millions of acres thus provided for, and bounded, the United
States further guarantee to the Cherokee Nation a perpetual outlet
west, and a free and unmolested use of all the country lying west of
the western boundary of the above described limits, and as far west as
the sovereignty of the United States and their right of soil extend."

This guarantee was reaffirmed in similar language by the treaties
of 1833 and 1835, and the guaranty contained in the treaty of 1835
was reaffirmed by the treaty of 1846. The question, therefore, to
be determined was what constituted the extreme western limit of the
sovereignty of the United States in that vicinity.

The colony or province of Louisiana had originally belonged to France.
In 1762 it was transferred to Spain, but was by Spain retroceded to
France by the treaty of 1800. In 1803 the Emperor Napoleon, fearing a
war with England and the consequent occupation of the territory by that
power, ceded it to the United States, but the boundaries of the cession
were very indefinite and, according to Chief Justice Marshall, were
couched in terms of "studied ambiguity."

It seems to have been consistently claimed by the United States up
to the treaty of 1819 with Spain that the western boundary of the
Louisiana purchase extended to the Rio Grande River. The better opinion
seemed also to be that it followed up the Rio Grande from the mouth to
the mouth of the Pecos, and thence north. By that treaty, however, all
dispute concerning boundaries was adjusted and the undefined boundary
between Louisiana and Mexico was settled as following up the course of
the Sabine River to the Red River; thence by the course of that river
to the one hundredth meridian, thence north to the Arkansas River and
following the course of that river to the forty-second parallel, and
thence west to the Pacific Ocean. By many the position was taken that
this treaty was a _nudum pactum_, and Henry Clay, when it was under
consideration in the Senate, introduced a resolution into the House of
Representatives declaring that Texas, being a part of the territory of
the United States, could not be ceded by the treaty making power to
a foreign country, and that the act was not only unauthorized by the
Constitution but was void for another reason, viz, that this cession
to Spain was in direct conflict with clear and positive stipulations
made by us in the treaty with France as to the disposition of the whole
territory. Under this theory of the invalidity of the treaty of 1819
the Cherokees claimed the extension of their boundary west of the one
hundredth meridian. But, assuming the insufficiency of this claim, they
still fortified their title upon another proposition. Mexico succeeded,
by the consummation of her independence, to all the territorial rights
of Spain in this region. Texas in turn achieved her independence of
Mexico in 1836. In March, 1845, Texas became one of the United States,
and thus, according to the Cherokee assumption, "the United States
again came into possession of that portion of the outlet west of 100°,
if indeed it had ever been a part of the territory claimed by Mexico
and which by Texan independence she was forced to relinquish. The
United States, more than a year after she had come into possession of
the country now claimed by the Cherokees, reaffirmed the grant to them,
that is to say, by the treaty of August 17, 1846."

The "portion of the outlet west of 100°" here alluded to is the strip
of country lying between Kansas and Texas from north to south and
between the 100° and New Mexico from east to west. By act of Congress
of September 9, 1850,[624] the east boundary of New Mexico was fixed
at 103° west longitude and the north boundary of Texas at 36° 30'
north latitude, and by act of May 30, 1854,[625] the south boundary of
Kansas was established at 37° north latitude, thus leaving this strip
of country outside the limits of any organized State or Territory,
and so it still remains. This claim of the Cherokees was admitted by
the Commissioner of Indian Affairs at the time of the conclusion of
the treaty of July 9, 1868, to be a valid one, and was inserted in
the boundaries defined by that treaty. The treaty, however, failed
of ratification, and it was afterwards determined by the executive
authorities of the United States that at the date of the treaty of
1835 with the Cherokees the sovereignty of the United States extended
only to the one hundredth meridian, and that the reaffirmation of the
treaty guarantee of 1835 by subsequent treaties was not intended to
enlarge the area of their territory, but simply as an assurance that
the United States were fully conscious of their obligation to maintain
the integrity of such guarantee. Consequently the Cherokee outlet was
limited in its western protraction to that meridian.

DELAWARES, MUNSEES, AND SHAWNEES JOIN THE CHEROKEES.

By the fifteenth article of the treaty of 1866 provision was made that,
upon certain conditions, the United States should have the right to
settle civilized Indians upon any unoccupied Cherokee territory east of
96° west longitude. The material conditions limiting this right were
that terms of settlement should be agreed upon between the Cherokees
and the Indians so desiring to settle, subject to the approval of the
President of the United States; also that, in case the immigrants
desired to abandon their tribal relations and become citizens of the
Cherokee Nation, they should first pay into the Cherokee national
fund a sum of money which should sustain the same proportion to that
fund that the number of immigrant Indians should sustain to the whole
Cherokee population. If, on the other hand, the immigrants should
decide to preserve their tribal relations, laws, customs, and usages
not inconsistent with the constitution and laws of the Cherokee Nation,
a tract of land was to be set apart for them by metes and bounds which
should contain, if they so desired, a quantity equal to 160 acres for
each soul. For this land they were to pay into the Cherokee national
fund a sum to be agreed upon between themselves and the Cherokees,
subject to the approval of the President, and also a sum bearing a
ratio to the Cherokee national fund not greater than their numbers bore
to the Cherokees. It was also stipulated that, if the Cherokees should
refuse their assent to the location of any civilized tribe (in a tribal
capacity) east of 96°, the President of the United States might, after
a full hearing of the case, overrule their objections and permit the
settlement to be made.

The Delawares were the first tribe to avail themselves of the benefits
of the foregoing treaty provisions. Terms of agreement were entered
into between them and the Cherokees, which were ratified by the
President on the 11th of April, 1867. Under the conditions of this
instrument the Delawares selected a tract of land equal to 160 acres
for each member of their tribe who should remove to the Cherokee
country. For this tract they agreed to and did pay one dollar per
acre. They also paid their required proportional sum into the Cherokee
national fund. The number of Delawares who elected to remove under this
agreement was 985. The sums they were required to pay were: for land,
$157,600; and as their proportion of the national fund, $121,834.65,
the latter amount having been calculated on the basis of an existing
Cherokee national fund of $1,678,000 and a population of 13,566.[626]

For a time after their removal the Delawares were much dissatisfied
with what they characterized as the unequal operation of the Cherokee
laws, and because much of the tract of land to which they were assigned
was of an inferior character. At one time some two hundred of them left
the Cherokee country, but after an absence of two years returned, since
which a feeling of better contentment has prevailed. Following the
Delawares, the Munsee or Christian Indians, a small fragmentary band
who under the treaty of July 16, 1859, had become confederated with the
Chippewas of Saginaw, Swan Creek, and Black River, residing in Kansas,
perfected arrangements for their removal and assimilation with the
Cherokees.

An agreement was entered into[627] at Tahlequah, Cherokee Nation,
having this end in view, and which was duly filed with the Commissioner
of Indian Affairs.[628] The condition of this agreement was that, after
the complete dissolution of their relations with the Chippewas, the
Munsees should pay into the Cherokee national fund all moneys that
should be found due them in pursuance of such separation. In the spring
of 1868 an effort was made by the Commissioner of Indian Affairs, under
the authority of this same article of the treaty of 1866, to secure a
tract of 900,000 acres for the location of the Navajoes. This tract,
it was desired, should be so far east of 96° that sufficient room
should be left between the Navajoes and that meridian to admit of the
accommodation of a settlement of Cherokees thereon. This proposition,
however, the Cherokees refused to entertain, asserting that the
Navajoes were not civilized Indians within the meaning of the treaty of
1866.[629]

The next Indians to avail themselves of the privileges of Cherokee
citizenship were the Shawnees. By the treaty of 1825[630] a reserve
had been granted them covering an area in the richest portion of
what is now the State of Kansas 50 by 120 miles in extent. By a
subsequent treaty in 1854,[631] they ceded, in deference to the
demands of encroaching civilization, all of this immense tract except
200,000 acres. Among those who so elected, the greater portion of
this diminished reserve was divided into individual allotments of 200
acres each. Patents were issued to the head of each family for the
quantity thus allotted to the members of his or her family, with the
power of alienation, subject to such restrictions as the Secretary of
the Interior might prescribe. In course of time alienation was made
by these allottees of the greater portion of their land; the money
thus received was squandered with the thriftless prodigality that
characterizes barbarous or semi-civilized tribes the world over, and
their impoverished condition was rendered still more uncomfortable by
the seeming determination of the rapidly increasing white settlers
to take possession of their few remaining lands. In this unfortunate
condition of affairs they turned their eyes for relief toward the
country of the Cherokees. Negotiations were entered into which resulted
in the conclusion of an agreement, under date of June 7, 1869, and
which received the approval of President Grant two days later. By the
terms of this compact, the Shawnees then residing in Kansas, as well
as their absentee brethren in the Indian Territory and elsewhere,
who should enroll themselves and permanently remove within two years
to the Cherokee country, upon unoccupied lands east of 96°, should
be incorporated into, and ever after remain a part of the Cherokee
Nation, with the same standing in every respect as native Cherokees. In
consideration of these benefits the Shawnees agreed to transfer to the
Cherokee national fund a permanent annuity of $5,000 held by them under
previous treaties, in addition to the sum of $50,000 to be derived from
the sale of the absentee Shawnee lands provided for by the resolution
of Congress approved April 7, 1869.[632] Under the provisions of this
agreement, seven hundred and seventy Shawnees removed to and settled in
the Cherokee country, as shown by the census roll filed[633] with the
Commissioner of Indian Affairs.

FRIENDLY TRIBES TO BE LOCATED ON CHEROKEE LANDS WEST OF 96°.

In addition to the provision contained in the treaty of 1866 concerning
the location of _civilized_ Indians east of 96°, the sixteenth article
of that treaty made further provision enabling the United States to
locate _friendly_ tribes on Cherokee lands west of that meridian. The
conditions of this concession were that any tracts selected for such
location should be in compact form and in quantity not exceeding 160
acres for each member of the tribe so located, and that the boundaries
of the tracts should be surveyed and marked and should be conveyed in
fee simple to the tribes respectively located thereon. It was further
stipulated that the price to be paid for the lands so set apart should
be such as might be agreed upon between the Cherokees and the immigrant
tribes, subject to the approval of the President of the United States,
who, in case of a disagreement between the parties in interest, was
authorized to fix the value.

_Osages._--The treaty of September 29, 1865,[634] with the Osages,
having in view the possibility of some early arrangement whereby the
Kansas tribes might be removed to Indian Territory, made provision
that in case such a removal of the Osages should take place their
remaining lands in Kansas should be disposed of and 50 per cent. of the
proceeds might be applied to the purchase of their new home. Nothing
was done in the line of carrying out this idea until the spring of
1868, when, in reply[635] to a communication from the Commissioner
of Indian Affairs on the subject, the Cherokee delegation asserted
the willingness of their nation to dispose of a tract for the future
home of the Osages not exceeding 600,000 acres in extent and lying
west of 96°, provided a reasonable price could be agreed upon for
the same. A few weeks later[636] a treaty was concluded between the
United States and the Osages, which made provision for setting apart
a tract for their occupation in the district of country in question,
but the treaty failed of ratification. The necessity for their removal
from Kansas, however, increased in correspondence with the demands
of advancing settlements, and Congress, by an act approved July 15,
1870,[637] provided that, whenever the Osages should give their
assent, a tract should be set apart for their permanent occupancy in
the Indian Territory equal in extent to 160 acres for each member of
the tribe who should remove there. For this tract they were to pay a
price not exceeding that paid by the United States, the cost to be
defrayed out of the proceeds arising from the sale of their Kansas
lands. The assent of the Osages to the provisions of this act was
promptly secured through the medium of a commission consisting of J.
V. Farwell, J. D. Lang, and Vincent Colyer, of the President's Board
of Indian Commissioners. A tract was selected in the Cherokee country
immediately west of 96°, as was supposed, and the Osages were removed
to it. Their condition was for a time, however, most unsatisfactory.
Many trespassers were found to be upon the lands selected for them.
To crown this trouble, a new survey located the line of the 96th
meridian a considerable distance to the west of what had previously
been presumed its proper location. This survey deprived the Osages of
the greater part of the tillable land upon which they had settled and
included the most valuable of their improvements. To a proposition
allowing the Osages to retain the lands thus found to be east of 96°,
the Cherokees returned an emphatic refusal, on the ground that the
former were not "civilized Indians."[638] Another subject of annoyance
was the inability of the Osages and Cherokees to agree upon a price
for the lands selected by the former. The matter was therefore laid
before the President, who, by executive order,[639] fixed the price to
be paid at 50 cents per acre. To this action the Cherokees strenuously
objected, urging that not only was the price too low, but that a
uniform valuation ought to be fixed for all the Cherokee lands west
of 96°.[640] To remedy the evils arising from these complications,
legislation was asked of Congress approving a new selection for
the Osages, and, by act approved June 5, 1872,[641] such selection
was affirmed (the previous consent of the Cherokees having been
obtained),[642] to include the tract of country "bounded on the east by
the 96th meridian, on the south and west by the north line of the Creek
country and the main channel of the Arkansas River, and on the north by
the south line of the State of Kansas."

_Kansas or Kaws._--This act contained a proviso that the Osages should
permit the settlement within the limits of this tract of the Kansas
or Kaw tribe of Indians, and a reservation was accordingly set off
for them in the northwest corner, bounded on the west by the Arkansas
River. The area of the country thus assigned to the Kaws was 100,137
acres, and of that portion intended for the occupation of the Osages
1,470,059 acres.[643]

The question of the future location of these Indians having been
definitely settled, it only remained for an agreement to be reached
concerning the price to be paid to the Cherokees for the tract so
purchased. The value fixed by the President on the tract originally
selected was considered as having no application to the lands set apart
by the act of 1872. As in the first instance no agreement was reached
between the Osages and Cherokees, and the President was again called
on to establish the price. This he did, after much discussion of the
subject, on the 14th of February, 1873. The price fixed was 70 cents
per acre, and applied to the "Kaw reserve" as well as to that of the
Osages.

_Pawnees._--In further pursuance of the privilege accorded by the
treaty of 1866, the Pawnee tribe has also been located on Cherokee
lands west of 96°. The Pawnees are natives of Nebraska, and possessed
as the remnant of their original domain a reservation on the Platte
River, in that State. Their principal reliance as a food supply had
been the buffalo, though to a very limited extent they cultivated corn
and vegetables.

For two years prior to 1874, however, their efforts in the chase were
almost wholly unrewarded, and during the summer of that year their
small crops were entirely destroyed by the ravages of the grasshoppers.
The winter and spring of 1874-'75 found them, to the number of about
three thousand, in a starving condition. In this dilemma they held a
council and voted to remove to Indian Territory, asking permission
at the same time to send the male portion of the tribe in advance to
select a home and to break the necessary ground for planting crops.
They also voted a request that the United States should proceed to
sell their reserve in Nebraska, and thus secure funds for their proper
establishment in the Indian Territory. Permission was granted them in
accordance with their request, and legislation was asked of Congress
to enable the desired arrangement to be carried into effect. Congress
failed to take any action in relation to the subject during the session
ending March 3, 1875. It therefore became necessary to feed the Pawnees
during the ensuing season.[644]

The following year, by an act approved April 10,[645] Congress provided
for the sale of the Pawnee lands in Nebraska, as a means of securing
funds for their relief and establishment in their new home, the
boundaries of which are therein described. It consists of a tract of
country in the forks of the Arkansas and Cimarron Rivers comprising an
area of 283,020 acres. Of this tract, 230,014 acres were originally a
portion of the Cherokee domain west of 96° and were paid for at the
rate of 70 cents per acre. The remainder was ceded to the United States
by the Creek treaty of 1866.

_Appraisal of the lands west of 96°._--By the 5th section of the
Indian appropriation act of May 29, 1872,[646] the President of the
United States was authorized to cause an appraisement to be made of
that portion of the Cherokee lands lying west of 96° west longitude
and west of the Osage lands, or, in other words, all of the Cherokee
lands lying west of the Arkansas River and south of Kansas mentioned
in the 16th article of the Cherokee treaty of July 19, 1866. No
appropriation, however, was made to defray the expense of such an
appraisal, and in consequence no steps were taken toward a compliance
with the terms of the act. This legislation was had in deference to the
long continued complaints of the Cherokees that the United States had,
without their consent, appropriated to the use of other tribes a large
portion of these lands, for which they (the Cherokees) had received no
compensation. The history of these alleged unlawful appropriations of
the Cherokee domain may be thus briefly summarized:

1. By treaty of October 18, 1865,[647] with the Kiowas and Comanches,
the United States set apart for their use and occupancy an immense
tract of country, which in part included all of the Cherokee country
west of the Cimarron River. No practical effect, however, was given to
the treaty, because the United States had not at this time acquired any
legal right to settle other tribes on the lands of the Cherokees and
because of the fact that two years later[648] a new reservation was by
treaty provided for the Kiowas and Comanches, no portion of which was
within the Cherokee limits.

2. By the treaty of October 28, 1867,[649] with the Southern Cheyennes
and Arapahoes the United States undertook to set apart as a reservation
for their benefit all the country between the State of Kansas and
the Arkansas and Cimarron Rivers. The bulk of this tract was within
Cherokee limits west of 96°. As a matter of fact, however, the
Cheyennes and Arapahoes could not be prevailed upon to take possession
of this tract, and were finally, by Executive order,[650] located on
territory to the southwest and entirely outside the Cherokee limits.

Pursuant to the act of May 29, 1872,[651] the Commissioner of Indian
Affairs negotiated an agreement with the Southern Cheyennes and
Arapahoes in the following autumn[652] by which they ceded to the
United States all interest in the country set apart by the treaty of
1867, and accepted in lieu thereof a reserve which included within its
limits a portion of the Cherokee domain lying between the Cimarron
River and the North Fork of the Canadian.

This agreement with the Southern Cheyennes and Arapahoes not having
been ratified by Congress, an agreement was concluded late in the
following year[653] by the Commissioner of Indian Affairs with both
the Cheyennes and the Arapahoes, whereby they jointly ceded the tract
assigned them by the treaty of 1867, as well as all other lands to
which they had any claim in Indian Territory, in consideration of which
the United States agreed to set apart other lands in that Territory for
their future home.

Like its predecessor, this agreement also failed of ratification by
Congress, and the Indians affected by it still occupy the tract set
apart by Executive order of 1869.

In the light of these facts it appears that although the United States
made several attempts, without the knowledge or concurrence of the
Cherokees, to appropriate portions of the latter's domain to the use
of other tribes, yet as a matter of fact these tribes never availed
or attempted to avail themselves of the benefits thus sought to be
secured to them, and the Cherokees were not deprived at any time of
an opportunity to sell any portion of their surplus domain for the
location of other friendly tribes.

By a clause contained in the sundry civil appropriation act of July
31, 1876,[654] provision was made for defraying the expenses of the
commission of appraisal contemplated by the act of 1872, and the
Secretary of the Interior appointed[655] such a commission, consisting
of Thomas V. Kennard, Enoch H. Topping, and Thomas E. Smith. Before
the completion of the duties assigned them, Mr. Kennard resigned and
William N. Wilkerson was appointed[656] to succeed him. The commission
convened at Lawrence, Kansas, and proceeded thence to the Cherokee
country, where they began the work of examination and appraisal. Their
final report was submitted to the Commissioner of Indian Affairs
under date of December 12, 1877. From this report it appears that the
commissioners in fixing their valuations adopted as the standard of
their appraisal one-half the actual value of the lands, on the theory
that being for Indian occupancy and settlement only they were worth
only about half as much as they would have been if open to entry and
settlement by the white people.

The entire tract, including the Pawnee reserve, contains 6,574,576.05
acres, and was appraised at an average valuation of 41-1/4 cents
per acre. The average valuation placed upon the Pawnee reserve
separately was 59 cents per acre, leaving the average of the remaining
6,344,562.01 acres 40.47 cents per acre.

To this standard of appraisal the Cherokees strenuously objected as
being most unfair and unjust to them, claiming that the same measure
of value used by the United States in rating its lands of a similar
character in the adjoining State of Kansas, and from which they were
separated only by an imaginary line, should prevail in determining the
price to be paid for the Cherokee lands.

The Secretary of the Interior, after a careful examination of the whole
subject, was of the opinion[657] that the restriction placed upon the
use of these lands (being limited to Indian occupancy only) did not
warrant a reduction of 50 per cent. in an appraisal of their value.

The price paid by the Osages for their reserve was 70 cents per acre.
The Pawnee tract was of about the same general character as that of
the Osages, and there seemed to be no good reason why the same price
should not be allowed to the Cherokees therefor. This Pawnee tract was
appraised by the commissioners at 59 cents per acre. As the appraisal
of the whole unoccupied country west of 96° was made by the same
appraisers and upon the same basis, if an increase was determined upon
in the case of the Pawnee tract from 59 to 70 cents per acre, it was
only just that a proportionate increase above the appraised value of
the remainder of the lands should also be allowed. This would give
an increase for the latter from 40.47 cents to 47.49 per acre. The
adoption of this standard was therefore recommended to the President
and was by him approved and ratified.[658]

In addition to the Osages, Kansas, and Pawnees there have been removed
to the Cherokee lands west of 96° the Poncas, a portion of the Nez
Percés, and the Otoes and Missourias.

_Poncas._--An appropriation of $25,000 was made by act of Congress
approved August 15, 1876,[659] for the removal of the Poncas, whenever
their assent should be obtained. After much trouble and a threatened
resort to military force, their assent to remove to the Indian
Territory was secured in the beginning of 1877.[660] They came overland
from Nebraska in two different parties and encountered great hardships,
but finally reached the Territory, where they were temporarily located
on the northeast portion of the Quapaw reserve, a few miles from Baxter
Springs, Kansas.[661]

They were not satisfied with the location, which was in many
respects unsuitable, especially in view of its proximity to the
white settlements. They were, therefore, permitted to make another
selection, which they did in the Cherokee country, on the west bank of
the Arkansas, including both banks of the Salt Fork at its junction
with the parent stream. To this new home they removed in 1878,[662]
but it was not until 1881[663] that Congress made an appropriation out
of which to pay the Cherokees for the land so occupied. This tract
embraces 101,894.31 acres, for which the price of 47.49 cents per acre,
fixed by the President, was paid.

_Nez Percés._--The Nez Percés, previously alluded to, are the remnant
of Chief Joseph's band, who surrendered to General Miles in 1877.
They were at first removed from the place of their surrender to
Fort Leavenworth, Kansas, where they arrived in November of that
year as prisoners of war, to the number of 431. Congress having
made provision[664] for their settlement in the Indian Territory, a
reservation was selected for them on both sides of the Salt Fork of
the Arkansas. To this tract, which adjoined the Poncas on the west,
they removed in the summer of 1879,[665] having in the mean time lost a
large number by death, the mortality being occasioned in great measure
by their unsanitary location while at Fort Leavenworth. The reserve
selected for them contains 90,735 acres and was paid for at the same
price as that of the Poncas.

_Otoes and Missourias._--By act of March 3, 1881,[663] provision was
also made for the removal of the Otoes and Missourias to the Indian
Territory and for the sale of their lands in Nebraska.

A reservation was accordingly selected for them, west of the Arkansas
River and south of the Ponca Reserve, to which they were removed in the
autumn of the same year[666]. It contains 129,113.20 acres and was paid
for at the same rate as that of the Poncas and Nez Percés.[667]

EAST AND NORTH BOUNDARIES OF CHEROKEE COUNTRY.

For many years there had been much doubt and dispute concerning the
correctness of the boundary line between the Cherokee Nation and the
adjacent States. Especially had this been the cause of much controversy
with the citizens of Arkansas. In the interest of a final adjustment
of the matter, it was stipulated in the twenty-first article of the
Cherokee treaty of July 19, 1866, that the United States should, at its
own expense, cause such boundary to be resurveyed between the Cherokee
Nation and the States of Arkansas, Missouri, and of Kansas as far west
as the Arkansas River, and the same should be marked by permanent and
conspicuous monuments by two commissioners, one of whom should be
designated by the Cherokee national council.

Nothing definite was done in pursuance of this provision until the
year 1871, when W. D. Gallagher was[668] appointed a commissioner on
behalf of the United States to co-operate with the commissioner on the
part of the Cherokees. Mr. Gallagher declined and R. G. Corwin was
substituted in his stead[669], but he having also refused to serve, the
place was finally filled by the appointment[670] of James M. Ashley.
The Cherokee national council on their part selected John Lynch Adair.
The commission advertised for proposals for the surveying, and, as a
result, entered into contract with D. P. Mitchell, who completed the
survey to the satisfaction of the commissioners.[671] The new line from
Fort Smith, Ark., to the southwest corner of Missouri ran north 7° 50'
west, 77 miles 39.08 chains; thence to the southeast corner of the
Seneca lands it ran north 0° 02' west, 8 miles 53.68 chains. The north
boundary between the nation and the State of Kansas, extending from the
Neosho to the Arkansas River, was protracted due west on the 37° of
north latitude and was found to be 105 miles 60 chains and 75 links in
length. The report of the commissioners was approved by the Secretary
of the Interior, and although some distress for the time being was
occasioned to individual settlers, whose improvements were by the
resurvey of the line thrown within the limits of the Indian Territory,
the boundary has been so plainly marked that "he who runs may read."

RAILROADS THROUGH INDIAN TERRITORY.

The series of treaties concluded in 1866 with the five principal
tribes in Indian Territory all contained limited concessions of right
of way for railroads through their country to the State of Texas. The
eleventh article of the Cherokee treaty contained a grant of right of
way 200 feet in width to a contemplated railroad through their domain
from north to south and also from east to west. In pursuance of these
treaty concessions, as essentially a part of the same scheme, Congress,
by appropriate legislation,[672] granted public lands and privileges
to the Kansas and Neosho, the southern branch of the Union Pacific,
and the Atlantic and Pacific Railroad Companies, respectively, for
the construction of their roads. The Leavenworth, Lawrence and Fort
Gibson Railroad was also conceded like privileges. The stipulated point
of entering the Indian Territory was in each case the west bank of
Neosho River, where it crosses the Kansas line. As there seemed to be
some question whether more than one line of road would be permitted
to traverse the Territory in each direction a race was inaugurated
between all the north and south lines, each in the effort to outstrip
the other in reaching the prescribed point for entering the Indian
country. The Union Pacific Southern Branch (subsequently known as the
Missouri, Kansas, and Texas) Railway Company, in the fervency of their
desire to reach the line first, omitted the construction of a portion
of their route, and began operations within the limits of the Cherokee
country without having received the previous permission of either the
United States or the Cherokee authorities so to do. To this conduct the
Cherokees made vigorous objection, and appealed to the Secretary of
the Interior. That officer notified[673] the railroad officials that
the Cherokees did not recognize their right to so intrude upon the
Territory, and that no work of the kind referred to could be permitted
therein until the Executive should be satisfied, by evidence submitted
in proper manner, that such entry and occupation were in accordance
with law. Thereupon the officers and attorneys of the several companies
interested appeared and submitted arguments before the Secretary of the
Interior on behalf of their respective interests. The point submitted
for the consideration of the Secretary and for the determination of
the President was, what rights had been given to railroad companies to
construct railroads through the Indian Territory and what railroads, if
any, were entitled to such privileges and right of way.

On the part of the Indians it was claimed that the whole scheme of
treaties and of legislation looked to the construction of but a
single trunk road through the Territory from north to south, and, as
far as the Cherokee Nation was concerned, for the like construction
of but a single road through its territory from east to west. This
interpretation of the treaties and the laws was admitted to be the
correct one by all the companies but the Missouri, Kansas, and Texas.
This company insisted that the meaning of the legislation and of the
treaties was to give the right of way to as many roads as might in any
manner be authorized by Congress to enter the Territory.

The Secretary of the Interior in his opinion[674] expressed an emphatic
concurrence in the interpretation insisted upon by the Cherokee
delegation. He was further of the opinion that neither of the roads had
so far earned a right to enter the Indian country by the construction
of a continuous line of road to the legal point of entrance, but that
as it might soon be necessary to decide which company should first
completely fulfill the conditions of the law, an executive order ought
to be issued declaring that no railroad company should be permitted
to enter the Territory for the purpose of grading or constructing a
railroad until a report should be received from a commission composed
of the superintendents of Indian affairs for the central and southern
superintendencies designating which company had first reached the line.
These views and findings of the Secretary of the Interior were approved
by the President and directed to be carried into effect.[675]

This commission reported[676] that the Union Pacific Railway, southern
branch--otherwise the Missouri, Kansas, and Texas Railway--reached
the northern boundary of the Indian Territory, in the valley of the
Neosho River on the west side, and about one mile therefrom, at noon
on the 6th day of June, 1870, and that at that time there was no other
railroad nearer than 16 miles of that point.

Predicated upon this report, supplemented by the certificate of the
governor of Kansas that it was a first class completed railway up
to that point, permission was given the Missouri, Kansas, and Texas
Railway Company by the President, under certain stipulations and
restrictions as to the methods and character of construction, to
proceed with the work of building a trunk road through the Indian
Territory to a point at or near Preston, in the State of Texas, and the
road was rapidly constructed under this authority.

The Atlantic and Pacific road, having no competitor, experienced no
difficulty in securing the right of construction of its east and west
line through the Cherokee country.

REMOVAL OF INTRUDERS--CHEROKEE CITIZENSHIP.

On various pretexts, both white and colored men had from time to
time established themselves among the Cherokees and taken up their
residence as permanent citizens of the nation. The increase of their
numbers at length became so formidable and their influence upon the
national polity and legislation of the Cherokees so great as to excite
the apprehension and jealousy of the latter.

The policy of their removal therefore became a subject of serious
consideration with the national council. This involved a question as
to what were the essential prerequisites of Cherokee citizenship,
and who of the objectionable class were entitled, on any score, to
the privileges of such citizenship, as well as who were mere naked
intruders. Upon these points the national council assumed to exercise
absolute control, and proceeded to enact laws for the removal of all
persons, both white and colored, whom the council should declare not
entitled to remain in the Cherokee country.[677] The action of the
council in this respect was communicated to the Indian Department in
the fall of 1874, through the United States agent for that tribe,
coupled with a demand for the removal by the military force of the
United States of all who had thus been declared to be intruders. The
Department not being fully satisfied of the justice of this demand,
detailed an inspector to proceed to the Indian country and make a
thorough investigation of the subject. His report[678] revealed the
fact that there were large numbers of people in that country who had
been declared intruders by the national authorities, but who had
presented to him strong _ex parte_ evidence of their right to Cherokee
citizenship, either by blood, by adoption, or under the terms of the
9th article of the treaty of 1866 defining the status of colored
people. Affidavits in large numbers corroborative of the inspector's
report continued to be filed in the Indian Department during the
succeeding summer, from which it appeared that many persons belonging
to each of the classes alluded to had applied to the courts or to
the council of the nation for an affirmative ruling upon their claim
to citizenship, but that in many instances such applications had
been entirely ignored. In other cases, where the courts had actually
affirmed the right of applicants, the council had arbitrarily and
without notice placed their names upon the list of intruders and called
upon the United States for their removal. In this situation of affairs
the Indian Department advised[679] the principal chief of the Cherokees
that the Department would neither remove these alleged intruders nor
permit their removal until the Cherokee council had devised a system
of rules by which authority should be vested in the Cherokee courts to
hear and determine all cases involving the citizenship of any person.
These rules should be subject to the approval of the Secretary of the
Interior, to whom an appeal should also lie from any adverse decision
of those courts. As there were a number of these intruders, however,
who made no claim to the right of Cherokee citizenship, it was directed
by the Interior Department, in the spring of 1877, that all who should
not present _prima facie_ evidence of such right should be summarily
removed from the Territory. The main cause of difficulty, however,
continuing unadjusted, the principal chief of the Cherokees asked
the submission of the subject, from the Cherokee standpoint, to the
Attorney-General of the United States for his opinion. This was done in
the spring of 1879,[680] by the Commissioner of Indian Affairs through
the Secretary of the Interior, wherein the former, alleging that the
question submitted by the Cherokee authorities did not fully meet the
subject in dispute, and being desirous that a complete statement of
the case should be presented to the Attorney-General, suggested three
additional inquiries for the consideration of that officer. These
inquiries were, first, Have the Cherokee national authorities such
original right of sovereignty over their country and their people as to
vest in them the exclusive jurisdiction of all questions of citizenship
in that nation without reference to the paramount authority of the
United States? Second, If not, do they derive any such power or right
by the provisions of any of the treaties between the United States and
the Cherokees? Third, Can they exclude from citizenship any of the
Cherokees who did not remove under the provisions of the treaty of 1835
upon their removal to the Cherokee country as now defined by law? The
reply[681] of the Attorney-General was to the effect that it seemed
quite plain in executing such treaties as those with the Cherokees, the
United States were not bound to regard simply the Cherokee law and its
construction by the council of that nation, but that any Department
required to remove alleged intruders must determine for itself, under
the general law of the land, the existence and extent of the exigency
upon which such requisition was founded.

One class of these so-called intruders, as previously suggested, was
composed of colored people who resided in the Cherokee country prior to
the war, either as slaves or freemen, and their descendants.

The fourth article of the treaty of July 19, 1866, contained a
provision setting apart a tract within the Cherokee country known as
the Canadian district, for the settlement and occupancy of "all the
Cherokees and freed persons who were formerly slaves of any Cherokee,
and all free negroes not having been such slaves who resided in the
Cherokee Nation prior to June 1, 1861, who may within two years elect
not to reside northeast of the Arkansas River and southeast of Grand
River."

The fifth article of the same treaty guaranteed to such persons as
should determine to reside in the district thus set apart the right
to select their own local officers, judges, etc., and to manage and
control their local affairs in such manner as seemed most satisfactory
to them not inconsistent with the constitution and laws of the Cherokee
Nation or of the United States. Again it was provided by the ninth
article of the treaty that all freedmen who had been liberated by
voluntary act of their former owners or by law, as well as all free
colored persons who were in the country at the commencement of the
rebellion and were still residents therein or who should return within
six months and their descendants, should have all the rights of native
Cherokees.

Congressional legislation was sought in 1879, having in view the
enforcement of this ninth article, but it failed of consummation.[682]
The Cherokee council, in the mean time had passed[683] an act urging
upon the United States the adoption of some measures calculated
to reach a satisfactory adjustment of the status of the colored
people within their jurisdiction, and requested the attendance of
some properly authorized representative of the Government at their
ensuing council for consultation as to the most satisfactory method
of settling the vexed question. United States Indian Agent Tufts was
accordingly instructed[684] to attend the council, which he did. It
resulted in the passage[685] of an act by that body authorizing the
principal chief to appoint a commission of three Cherokees to confer
with the United States agent and draft articles of agreement, which
should, after receiving the approval of the council and of Congress,
be considered as permanently fixing the status of the colored people.
The agent, however, soon discovered that no action looking to the full
recognition of the rights to which they were entitled was likely to
receive favorable consideration. It seems from his report[686] that
it was still very unpopular in the Cherokee Nation to advocate any
measure conceding to the colored people the same rights enjoyed by the
Cherokees themselves, and that until a radical revolution of public
sentiment should take place among them it was useless to expect any
favorable action from the national council. Agent Tufts concluded his
report with a recommendation that a commission be appointed By the
Interior Department and instructed to hold sessions in the Cherokee
country, hear evidence, and determine the status of each disputed
claimant to citizenship, subject to the final revision and approval of
the Department. Inspector Ward and Special Agent Beede were, therefore,
instructed[687] to consult with Agent Tufts, and, after familiarizing
themselves with the question in all its details, to visit the executive
officers of the Cherokee Nation and see if some satisfactory solution
of the troublesome problem could be brought about. This conference,
like all previous efforts, failed of accomplishing the desired end.
Thus the question still stands, and all those persons who have been
able to make out a _prima facie_ showing of Cherokee citizenship, under
the ruling of the Department, are allowed to remain in the Territory
unmolested.

GENERAL REMARKS.

With the exception of these questions and complications arising out
of the construction of the various articles of the treaty of July 19,
1866, nothing of an important character has occurred in connection with
the official relations between the Cherokee Nation and the Federal
Government since the date of that treaty.

Their history has been an eventful one. For two hundred years a contest
involving their very existence as a people has been maintained against
the unscrupulous rapacity of Anglo-Saxon civilization. By degrees they
were driven from their ancestral domain to an unknown and inhospitable
region. The country of their fathers was peculiarly dear to them.
It embraced the head springs of many of the most important streams
of the country. From the summit of their own Blue Ridge they could
watch the tiny rivulets on either side of them dashing and bounding
over their rocky beds in their eagerness to join and swell the ever
increasing volume of waters rolling toward the Atlantic Ocean or the
Gulf of Mexico: the Tennessee and the Cumberland, the Kanawha and the
Kentucky, the Peedee and the Santee, the Savannah and the Altamaha,
the Chattahoochee and the Alabama, all found their beginnings within
the Cherokee domain. The bracing and invigorating atmosphere of their
mountains was wafted to the valleys and low lands of their more distant
borders, tempering the heat and destroying the malaria. Much of their
country was a succession of grand mountains, clothed with dense
forests; of beautiful but narrow valleys, and extensive well watered
plains. Every nook and corner of this vast territory was endeared to
them by some incident of hunter, warrior, or domestic life. Over these
hills and through the recesses of the dark forests the Cherokee hunter
had from time immemorial pursued the deer, elk, and buffalo. Through
and over them he had passed on his long and vengeful journeys against
the hated Iroquois and Shawnee.

The blood of his ancestors, as well as of his enemies, could be
trailed from the Hiwassee to the Ohio. The trophies of his skill and
valor adorned the sides of his wigwam and furnished the theme for his
boastful oratory and song around the council fire and at the dance. His
wants were few and purely of a physical nature. His life was devoted
to the work of securing a sufficiency of food and the punishment of
his enemies. His reputation among his fellow men was proportioned
to the skill with which he could draw the bow, his cleverness and
agility in their simple athletic sports, or the keen and tireless
manner that characterized his pursuit of an enemy's trail. His life
was simple, his wants were easily supplied; and, in consequence, the
largest measure of his existence was spent in indolence and frivolous
amusements. Such proportion of the family food as the chase did not
supply was found in the cultivation of Indian corn. The pride of a
warrior scorned the performance of menial labor, and to the squaw
was this drudgery, as well as that of the household, assigned. His
general character has been much misunderstood and misrepresented. He
was in fact possessed of great ingenuity, keen wit, and rare cunning.
In the consideration of matters of public importance, his conduct was
characterized by a grave dignity that was frequently almost ludicrous.
The studied stolidity of his countenance gave the spectator no clew to
the inward bent of his feelings or determination. The anxious prisoner,
from a watchful study of his face and actions, could read nothing of
his probable fate. He was physically brave, and would without hesitancy
attack the most dangerous beasts of the forests or his still more
ferocious human enemies. In the hands of those enemies he would endure,
with the most unflinching nerve, the cruelest tortures their ingenuity
could devise, and at the same time chant his death song in the recital
of his numerous personal acts of triumph over them.

His methods of warfare were, however, very different from those which
meet the approval of civilized nations. He could not understand that
there was anything of merit in meeting his antagonist in the open
field, where the chances of victory were nearly equal. It was a useless
risk of his life, even though his numbers exceeded those of his enemy,
to allow them to become advised of his approach. His movements were
stealthy, and his blows fell at an unexpected moment from the hidden
ambush or in the dead hours of the night. His nature was cruel, and in
the excitement of battle that cruelty was clothed in the most terrible
forms. He was in the highest degree vindictive, and his memory never
lost sight of a personal injury. He was inclined to be credulous until
once deceived, after which nothing could remove his jealous distrust.

His confidence once fully secured, however, the unselfishness of his
friendship as a rule would put to shame that of his more civilized
Anglo-Saxon brother. His scrupulous honor in the payment of a just
debt was of a character not always emulated among commercial nations.
His noble qualities have not been granted the general recognition they
deserve, and his ignoble traits have oftentimes been glossed over with
the varnish of an unhealthy sentimentality.[688]

For many years following his first contact with the whites the daily
life of the Cherokee underwent but little change. The remoteness of
his villages from the coast settlements and the intervening territory
of other tribes limited in large degree any frequency of association
with his white neighbors. In spite of this restricted intercourse,
however, the superior comforts and luxuries of civilization were early
apparent to him. His new-found desires met with a ready supply through
the enterprising cupidity of the fur traders. At the same time and
through the same means he was brought to a knowledge of the uses and
comforts of calico and blankets, and the devastating though seductive
influence of spirituous liquors. Yet nothing occurred to mar the peace
hitherto existing with his white neighbors until their continued
spread and seemingly insatiate demand for more territory aroused a
feeling of jealous fear in his bosom. This awakening to the perils
of his situation was, unfortunately for him, too late. The strength
of the invaders already surpassed his own, and henceforth it was but
a struggle against fate. Prior to the close of the Revolutionary
war but little, if anything, had been done toward encouraging the
Cherokee to adopt the customs and pursuits of civilized life. His
native forests and streams had afforded him a sufficiency of flesh,
fish, and skins to supply all his reasonable wants. Immediately upon
the establishment of American Independence the policy to be pursued
by the Government in its relations with the Indian tribes became the
subject of grave consideration. The necessity began to be apparent of
teaching the proximate tribes to cultivate the soil as a substitute
for the livelihood hitherto gained through the now rapidly diminishing
supplies of game. In the report of the commissioners appointed to
negotiate the treaty of 1785, being the first treaty concluded between
the Cherokees and the United States, they remark that some compensation
should be made to the Indians for certain of their lands unlawfully
taken possession of by the whites, and that the sum so raised should
be appropriated to the purpose of teaching them useful branches of
mechanics. Furthermore, that some of their women had lately learned to
spin, and many others were "very desirous that some method should be
fallen on to teach them to raise flax, cotton, and wool, as well as to
spin and weave it."

Six years later, in the conclusion of the second treaty with them, it
was agreed, in order "that the Cherokee Nation may be led to a greater
degree of civilization, and to become herdsmen and cultivators instead
of remaining in a state of hunters, the United States will from time
to time furnish gratuitously the said nation with useful implements of
husbandry." From this time forward the progress of the Cherokees in
civilization and enlightenment was rapid and continuous.[689] They had
made such advancement that, nearly thirty years later,[690] Return J.
Meigs, their long time agent and friend, represented to the Secretary
of War that such Government assistance was no longer necessary or
desirable; that the Cherokees were perfectly competent to take care of
themselves, and that further contributions to their support only had a
tendency to encourage idleness and dependence upon the Government.

Their country was especially adapted to stock raising and their
flocks and herds increased in proportion to the zeal and industry
of their owners. The proceeds of their surplus cotton placed within
reach most of the comforts and many of the luxuries of life. The
unselfish devotion of the missionary societies had furnished them with
religious and school instruction, of which they had in large numbers
eagerly availed themselves.[691] From the crude tribal government of
the eighteenth century they had gradually progressed until in the
month of July, 1827, a convention of duly elected delegates from the
eight several districts into which their country was divided[692]
assembled at New Echota, and announced that "We, the representatives
of the people of the Cherokee Nation, in convention assembled, in
order to establish justice, insure tranquillity, promote our common
welfare, and secure to ourselves and our posterity the blessings of
liberty, acknowledging with humility and gratitude the goodness of
the sovereign Ruler of the Universe in offering us an opportunity so
favorable to the design and imploring His aid and direction in its
accomplishment, do ordain and establish this constitution for the
government of the Cherokee Nation." By the constitution thus adopted
the power of the nation was divided into legislative, executive, and
judicial departments. The legislative power was vested in a committee
and a council, each to have a negative on the other, and together to
be called the "General Council of the Cherokee Nation." This committee
consisted of two and the council of three members from each district,
and were to be elected biennially by the suffrages of all free male
citizens (excepting negroes and descendants of white and Indian men by
negro women who may have been set free) who had attained the age of
eighteen years. Their sessions were annual, beginning on the second
Monday in October. Persons of negro or mulatto blood were declared
ineligible to official honors or emoluments.

The executive power of the nation was confided to a principal chief,
elected by the general council for a term of four years, and none
but native born citizens were eligible to the office. The chief was
required to visit each district of the nation at least once in two
years, to keep himself familiarized with the condition and necessities
of the country. His approval was also required to all laws, and, as
in the case of our own Government, the exercise of the veto power
could be overcome only by a two-thirds majority in both houses of the
national legislature. An executive council of three members besides the
assistant principal chief was also to be elected by the joint vote of
the two houses for the period of one year.

The judicial functions were vested in a supreme court of three judges
and such circuit and inferior courts as the general council should from
time to time prescribe, such judges to be elected by joint vote of the
general council.

Ministers of the gospel who by their profession were dedicated to the
service of God and the care of souls, and who ought not therefore to
be diverted from the great duty of their function, were, while engaged
in such work, declared ineligible to the office of principal chief or
to a seat in either house of the general council. Any person denying
the existence of a God or a future state of rewards and punishments
was declared ineligible to hold any office in the civil department
of the nation, and it was also set forth that (religion, morality,
and knowledge being necessary to good government, the preservation
of liberty, and the happiness of mankind) schools and the means of
education should forever be encouraged in the nation.

Under this constitution elections were regularly held and the
functions of government administered until the year 1830, when the
hostile legislation of Georgia practically paralyzed and suspended its
further operation. Although forbidden to hold any more elections, the
Cherokees maintained a semblance of their republican form of government
by tacitly permitting their last elected officers to hold over and
recognizing the authority and validity of their official actions. This
embarrassing condition of affairs continued until their removal west of
the Mississippi River, when, on the 6th of September, 1839, they, in
conjunction with the "Old Settlers," adopted a new constitution, which
in substance was a duplicate of its predecessor.

This removal turned the Cherokees back in the calendar of progress
and civilization at least a quarter of a century. The hardships and
exposures of the journey, coupled with the fevers and malaria of a
radically different climate, cost the lives of perhaps 10 per cent
of their total population. The animosities and turbulence born of
the treaty of 1835 not only occasioned the loss of many lives, but
rendered property insecure, and in consequence diminished the zeal and
industry of the entire community in its accumulation. A brief period
of comparative quiet, however, was again characterized by an advance
toward a higher civilization. Five years after their removal we find
from the report of their agent that they are again on the increase
in population; that their houses, farms, and fixtures have greatly
improved in the comforts of life; that in general they are living
in double cabins and evincing an increasing disposition to provide
for the future; that they have in operation eleven common schools,
superintended by a native Cherokee, in which are taught reading,
writing, arithmetic, bookkeeping, grammar, geography, and history,
which are entirely supported at the expense of their own national
funds, and which are attended by upwards of five hundred scholars;
that the churches are largely attended and liberally supported, the
Methodists having 1,400 communicants, the Baptists 750, and other
denominations a smaller number; that a national temperance society
boasts of 1,752 members; that they maintain a printing press, from
which publications are issued in both the English and Cherokee tongues;
that some of them manifest a decided taste for general literature and
a few have full and well selected libraries; that thousands of them
can speak and write the English language with fluency and comparative
accuracy; that hundreds can draw up contracts, deeds, and other
instruments for the transfer of property, and that in the ordinary
transactions of life, especially in making bargains, they are shrewd
and intelligent, frequently evincing a remarkable degree of craft
and combination; that their treatment of their women had undergone a
radical change; that the countenance and encouragement given to her
cultivation disclosed a more exalted estimate of female character, and
that instead of being regarded as a slave and a beast of burden she was
now recognized as a friend and companion.

Thus, with the exception of occasional drawbacks--the result of
civil feuds--the progress of the nation in education, industry, and
civilization continued until the outbreak of the rebellion. At this
period, from the best attainable information, the Cherokees numbered
twenty-one thousand souls. The events of the war brought to them more
of desolation and ruin than perhaps to any other community.

Raided and sacked alternately, not only by the Confederate and Union
forces, but by the vindictive ferocity and hate of their own factional
divisions, their country became a blackened and desolate waste. Driven
from comfortable homes, exposed to want, misery, and the elements, they
perished like sheep in a snow storm. Their houses, fences, and other
improvements were burned, their orchards destroyed, their flocks and
herds slaughtered or driven off, their schools broken up, and their
school-houses given to the flames, their churches and public buildings
subjected to a similar fate, and that entire portion of their country
which had been occupied by their settlements was distinguishable from
the virgin prairie only by the scorched and blackened chimneys and the
plowed but now neglected fields.

The war over and the work of reconstruction commenced, found them
numbering fourteen thousand impoverished, heart broken, and revengeful
people. But they must work or starve, and in almost sullen despair
they set about rebuilding their waste places. The situation was one
calculated to discourage men enjoying a higher degree of civilization
than they had yet reached, but they bent to the task with a
determination and perseverance that could not fail to be the parent of
success.

To-day their country is more prosperous than ever. They number
twenty-two thousand, a greater population than they have had at any
previous period, except perhaps just prior to the date of the treaty of
1835, when those east added to those west of the Mississippi are stated
to have aggregated nearly twenty-five thousand people.[693] To-day they
have twenty-three hundred scholars attending seventy-five schools,
established and supported by themselves at an annual expense to the
nation of nearly $100,000. To-day thirteen thousand of their people
can read and eighteen thousand can speak the English language. To-day
five thousand brick, frame, and log houses are occupied by them; and
they have sixty-four churches with a membership of several thousand.
They cultivate a hundred thousand acres of land and have an additional
one hundred and fifty thousand fenced. They raise annually 100,000
bushels of wheat, 800,000 of corn, 100,000 of oats and barley, 27,500
of vegetables, 1,000,000 pounds of cotton, 500,000 pounds of butter,
12,000 tons of hay, and saw a million feet of lumber. They own 20,000
horses, 15,000 mules, 200,000 cattle, 100,000 swine, and 12,000 sheep.

They have a constitutional form of government predicated upon that
of the United States. As a rule, their laws are wise and beneficent
and are enforced with strictness and justice. Political and social
prejudice has deprived the former slaves in some instances of the full
measure of rights guaranteed to them by the treaty of 1866 and the
amended constitution of the nation, but time is rapidly softening these
asperities and will solve all difficulties of the situation.

The present Cherokee population is of a composite character. Remnants
of other nations or tribes have from time to time been absorbed and
admitted to full participation in the benefits of Cherokee citizenship.
The various classes may be thus enumerated:

1. The full blood Cherokees.

2. The mixed blood Cherokees.

3. The Delawares.

4. The Shawnees.

5. White men and women intermarried with the foregoing.

6. A few Creeks who broke away from their own tribe and have been
citizens of the Cherokee Nation for many years.

7. A few Creeks who are not citizens, but have taken up their abode in
the Cherokee country, without any rights.

8. A remnant of the Natchez tribe, who are citizens.

9. The freedmen adopted under the treaty of 1866.

10. Freedmen not adopted, but not removed as intruders, owing to an
order from the Indian Department forbidding such removal pending a
decision upon their claims to citizenship.

If the Government of the United States shall in this last resort of the
Cherokees prove faithful to its obligations and maintain their country
inviolate from the intrusions of white trespassers, the future of the
nation will surely prove the capability of the American Indian under
favorable conditions to realize in a high degree the possibilities of
Anglo-Saxon civilization.

_Table showing approximately the area in square miles and acres ceded
to the United States by the various treaties with the Cherokee Nation:_

+----------------------+------------------+----------------+----------+
| |State where ceded | Area | Area in |
| Date of treaty. |lands are located.| in square | acres. |
| | | miles. | |
+----------------------+------------------+----------------+----------+
|1721 |South Carolina | 2,623 | 1,678,720|
|November 24, 1755 | do | 8,635 | 5,526,400|
|October 14, 1768 |Virginia | 850 | 544,000|
|October 18, 1770 {| do | 4,500 | 2,880,000|
| {|West Virginia | 4,300 | 2,752,000|
| {|Tennessee | 150 | 96,000|
| {|Kentucky | 250 | 160,000|
|1772 {| do | 10,135 | 6,486,400|
| {|West Virginia | 437 | 279,680|
| {|Virginia | 345 | 220,800|
|June 1, 1773 |Georgia | 1,050 | 672,000|
|March 17, 1775 {|Kentucky | 22,600 |14,464,000|
| {|Virginia | 1,800 | 1,152,000|
| {|Tennessee | 2,650 | 1,696,000|
|May 20, 1777 |South Carolina | 2,051 | 1,312,640|
|July 20, 1777 {|North Carolina | 4,414 | 2,824,960|
| {|Tennessee | 1,760 | 1,126,400|
|May 31, 1783 |Georgia | 1,650 | 1,056,000|
|November 28, 1785 {|North Carolina | 550 | 352,000|
| {|Tennessee | 4,914 | 3,144,960|
| {|Kentucky | 917 | 586,880|
|July 2, 1791 {|Tennessee | 3,435 | 2,198,400|
| {|North Carolina | 722 | 462,080|
|October 2, 1798 {|Tennessee | 952 | 609,280|
| {|North Carolina | 587 | 375,680|
|October 24, 1804 |Georgia | 135 | 86,400|
|October 25, 1805 {|Kentucky | 1,086 | 695,040|
| {|Tennessee | 7,032 | 4,500,480|
|October 27, 1805 | do | 1-1/4 | 800|
|January 7, 1806 {| do | 5,269 | 3,372,160|
| {|Alabama | 1,602 | 1,025,280|
|March 22, 1816 |South Carolina | 148 | 94,720|
|September 14, 1816 {|Alabama | 3,129 | 2,194,560|
| {|Mississippi | 4 | 2,560|
|July 8, 1817 {|Georgia | 583 | 373,120|
| {|Tennessee | 435 | 278,400|
|February 27, 1819 {|Georgia | 837 | 535,680|
| {|Alabama | 1,154 | 738,560|
| {|Tennessee | 2,408 | 1,541,120|
| {|North Carolina | 1,542 | 986,880|
|May 6, 1828 |Arkansas | 4,720 | 3,020,800|
|December 29, 1835 {|Tennessee | 1,484 | 949,760|
| {|Georgia | 7,202 | 4,609,280|
| {|Alabama | 2,518 | 1,611,520|
| {|North Carolina | 1,112 | 711,680|
|July 19, 1866[694] |Kansas |[695]1,928 | 1,233,920|
| | +----------------+----------+
| Total | | 126,906-1/4 |81,220,374|
+----------------------+------------------+----------------+----------+

[Illustration: BUREAU OF ETHNOLOGY
FIFTH ANNUAL REPORT PL. VIII.

MAP OF THE FORMER TERRITORIAL LIMITS OF THE CHEROKEE "NATION OF"
INDIANS EXHIBITING THE BOUNDARIES OF THE VARIOUS CESSIONS OF LAND
MADE BY THEM TO THE COLONIES AND TO THE UNITED STATES BY TREATY
STIPULATIONS, FROM THE BEGINNING OF THEIR RELATIONS WITH THE WHITES TO
THE DATE OF THEIR REMOVAL WEST OF THE MISSISSIPPI RIVER.]

[Illustration: BUREAU OF ETHNOLOGY
FIFTH ANNUAL REPORT PL. IX.

MAP SHOWING THE TERRITORY ORIGINALLY ASSIGNED TO THE CHEROKEE "NATION
OF" INDIANS WEST OF THE MISSISSIPPI.]

[Footnote 583: United States Statutes at Large, Vol. XVI, p. 727.]

[Footnote 584: Letter of General J. J. Reynolds to Secretary of the
Interior, June 28, 1865; printed in report of Commissioner of Indian
Affairs for 1865, p. 295.]

[Footnote 585: Report of D. N. Cooley, president of the commission,
dated October 30, 1865.]

[Footnote 586: Report of D. N. Cooley, president of the commission,
dated October 30, 1865.]

[Footnote 587: Report of Commissioner of Indian Affairs for 1865, p.
36.]

[Footnote 588: Report of Elijah Sells, superintendent of Indian
Affairs, October 16, 1865.]

[Footnote 589: September 13, 1865.]

[Footnote 590: September 15, 1865.]

[Footnote 591: September 16, 1865.]

[Footnote 592: This objection to consolidation was afterwards
withdrawn, and, based upon fuller information of the proposed plan, was
most fully concurred in.]

[Footnote 593: September 18, 1865.]

[Footnote 594: Statement of Southern delegation at an interview held
with Commissioners Cooley and Sells, March 30, 1866. They also proposed
that a census be taken and each man be allowed to decide whether or not
he would live under the jurisdiction of the Ross party.]

[Footnote 595: Statement of loyal delegation at interview held with
Commissioners Cooley and Sells, March 30, 1866.]

[Footnote 596: Sundry interviews between Commissioners Cooley and Sells
and the loyal and Southern delegations, from March to June, 1866.]

[Footnote 597: June 13, 1865.]

[Footnote 598: United States Statutes at Large, Vol. XIV, p. 799.]

[Footnote 599: See preamble to treaty of July 19, 1833.]

[Footnote 600: John Ross, or Kooeskoowe, was of mixed Scotch and Indian
blood on both father's and mother's side. His maternal grandfather was
John Stuart, who for many years prior to the Revolutionary war was
British superintendent of Indian affairs for the southern tribes and
who married a Cherokee woman. He was born about 1790 in that portion
of the Cherokee Nation within the present limits of Georgia, and died
in Washington, D. C., August 1, 1866. As early as 1813 Ross made a
trip to the Cherokee country west of the Mississippi, ascending the
Arkansas River to the present limits of Indian Territory, and wrote a
detailed account of the situation and prospects of his brethren, the
character of the country, etc. In 1820 (and perhaps earlier) he had
become president of the Cherokee national committee, and continued so
until the adoption of a constitution by the Cherokee Nation, July 26,
1827. Of this constitutional convention Mr. Ross was the president, and
under its operation he was elected principal chief, a position which he
continued to hold until his death.]

[Footnote 601: May 11, 1872. United States Statutes at Large, Vol.
XVII, p. 98.]

[Footnote 602: April 29, 1874. United States Statutes at Large, Vol.
XVIII, p. 41.]

[Footnote 603: February 28, 1877. United States Statutes at Large, Vol.
XIX, p. 265.]

[Footnote 604: See treaty of April 27, 1868. United States Statutes at
Large, Vol. XVI, p. 727.]

[Footnote 605: See report of Commissioner of Indian Affairs to
Secretary of Interior, March 1, 1867, transmitting the agreement.]

[Footnote 606: October 9, 1867.]

[Footnote 607: United States Statutes at Large, Vol. XVI, p. 727.]

[Footnote 608: See Indian Office records.]

[Footnote 609: See report of Commissioner Indian Affairs for 1870, p.
376.]

[Footnote 610: See report of Commissioner Indian Affairs for 1871, p.
671.]

[Footnote 611: August 11, 1871.]

[Footnote 612: 5,019.91 acres.]

[Footnote 613: United States Statutes at Large, Vol. XV, p. 222.]

[Footnote 614: August 27, 1868.]

[Footnote 615: December 23, 1868.]

[Footnote 616: July 6, 1867.]

[Footnote 617: March 3, 1868.]

[Footnote 618: February 26, 1868.]

[Footnote 619: See document "Fortieth Congress, second
session--confidential--Executive 3P."]

[Footnote 620: United States Statutes at Large, Vol. VII, p. 311.]

[Footnote 621: Ibid., p. 414.]

[Footnote 622: Ibid., p. 478.]

[Footnote 623: United States Statutes at Large, Vol. IX, p. 871.]

[Footnote 624: United States Statutes at Large, Vol. IX, p. 446.]

[Footnote 625: United States Statutes at Large, Vol. X, p. 283.]

[Footnote 626: Indian Office records.]

[Footnote 627: December 6, 1867.]

[Footnote 628: July 31, 1868.]

[Footnote 629: Letter of Cherokee delegation to Commissioner of Indian
Affairs, April 23, 1868.]

[Footnote 630: Treaty of November 7, 1825, in United States Statutes at
Large, Vol. VII, p. 284.]

[Footnote 631: Treaty of May 10, 1854, in United States Statutes at
Large, Vol. X, p. 1053.]

[Footnote 632: United States Statutes at Large, Vol. XVI, p. 53.]

[Footnote 633: August 14, 1871.]

[Footnote 634: United States Statutes at Large, Vol. XIV, p. 687.]

[Footnote 635: April 10, 1868.]

[Footnote 636: May 27, 1868.]

[Footnote 637: United States Statutes at Large, Vol. XVI, p. 362.]

[Footnote 638: Letter of Cherokee delegation to Commissioner of Indian
Affairs, February 15, 1871.]

[Footnote 639: May 27, 1871.]

[Footnote 640: Letter of Cherokee delegation to Commissioner of Indian
Affairs, June 10, 1871.]

[Footnote 641: United States Statutes at Large, Vol. XVII, p. 228.]

[Footnote 642: April 8, 1872.]

[Footnote 643: See surveyors' plats on file in Indian Office.]

[Footnote 644: See report of Commissioner of Indian Affairs to
Secretary of the Interior, March 6, 1875.]

[Footnote 645: United States Statutes at Large, Vol. XIX, p. 28.]

[Footnote 646: United States Statutes at Large, Vol. XVII, p. 190.]

[Footnote 647: United States Statutes at Large, Vol. XIV, p. 717.]

[Footnote 648: Treaty of October 21, 1867, United States Statutes at
Large, Vol. XV, p. 581.]

[Footnote 649: United States Statutes at Large, Vol. XV, p. 593.]

[Footnote 650: August 10, 1869.]

[Footnote 651: United States Statutes at Large, Vol. XVII, p. 190.]

[Footnote 652: October 24, 1872.]

[Footnote 653: November 18, 1873.]

[Footnote 654: United States Statutes at Large, Vol. XIX, p. 120.]

[Footnote 655: January 30, 1877.]

[Footnote 656: September 8, 1877.]

[Footnote 657: Letter of the Secretary of the Interior to the
President, June 21, 1879.]

[Footnote 658: June 23, 1879.]

[Footnote 659: United States Statutes at Large, Vol. XIX, p. 187.]

[Footnote 660: January 27, 1877.]

[Footnote 661: Report of Commissioner of Indian Affairs for 1877, pp.
21-23.]

[Footnote 662: Report of Commissioner of Indian Affairs for 1878, p.
xxxvi.]

[Footnote 663: United States Statutes at Large, Vol. XXI, p. 380.]

[Footnote 664: Act of May 27, 1878, United States Statutes at Large,
Vol. XX, p. 63.]

[Footnote 665: Report of Commissioner of Indian Affairs for 1879, p.
xl.]

[Footnote 666: Report of Commissioner of Indian Affairs for 1881, p.
lxiii. The removal was accomplished between October 5 and October 23.]

[Footnote 667: Deeds were executed June 14, 1883, by the Cherokee
Nation to the United States in trust for each of the tribes located
upon Cherokee country west of 96°, such deeds being in each case for
the quantity of land comprised within the tracts respectively selected
by or for them for their future use and occupation. See Report of
Commissioner of Indian Affairs, for 1883, p. lii.]

[Footnote 668: February 27, 1871.]

[Footnote 669: April 14, 1871.]

[Footnote 670: May 4, 1871.]

[Footnote 671: The survey was approved by the commissioners December
11, 1871.]

[Footnote 672: Acts of July 25, 26, and 27, 1866.]

[Footnote 673: May 13, 1870.]

[Footnote 674: May 21, 1870.]

[Footnote 675: May 23, 1870.]

[Footnote 676: June 13, 1870.]

[Footnote 677: The persons affected by this action were comprised
within four classes, viz:

1. White persons who had married into the tribe.

2. Persons with an admixture of Indian blood, through either father or
mother.

3. Adopted persons.

4. Persons of African descent who claimed rights under the treaty of
1866.]

[Footnote 678: February 15, 1876.]

[Footnote 679: October ----, 1876.]

[Footnote 680: April 4, 1879.]

[Footnote 681: December 12, 1879.]

[Footnote 682: A bill to this effect was introduced into the Senate
by Senator Ingalls, of Kansas, June 3, 1879, and reported from the
Committee on Indian Affairs, with amendments, June 4, 1880, by Senator
Williams, of Kentucky.]

[Footnote 683: December 6, 1879.]

[Footnote 684: October 16, 1880.]

[Footnote 685: November 23, 1880.]

[Footnote 686: January 26, 1882.]

[Footnote 687: May 9, 1883.]

[Footnote 688: William Bartram, who traveled through their country
in 1776, says (Travels in North America, p. 483): "The Cherokees
in their dispositions and manners are grave and steady, dignified
and circumspect in their deportment; rather slow and reserved in
conversation, yet frank, cheerful, and humane; tenacious of the
liberties and natural rights of man; secret, deliberate, and determined
in their councils; honest, just, and liberal, and always ready to
sacrifice every pleasure and gratification, even their blood and life
itself, to defend their territory and maintain their rights."]

[Footnote 689: Hon. J. C. Calhoun, Secretary of War, under date of
March 29, 1824, in a communication addressed to the President to
be laid before the United States Senate, alludes to the provision
contained in the treaty of 1791 and says: "In conformity to the
provisions of this article the various utensils of husbandry have been
abundantly and constantly distributed to the Cherokee Nation, which has
resulted in creating a taste for farming and the comforts of civilized
life."]

[Footnote 690: May 30, 1820.]

[Footnote 691: Letter of Hon. J. C. Calhoun Secretary of War, March 29,
1824. In this letter Mr. Calhoun says: "Certain benevolent societies
in the year 1816 applied for permission to make establishments among
the Cherokees and other southern tribes, for the purpose of educating
and instructing them in the arts of civilized life. Their application
was favorably received. The experiment proved so favorable, that
Congress, by act of March 3, 1819, appropriated $10,000 annually as
a civilization fund, which has been applied in such a manner as very
considerably to increase the extent and usefulness of the efforts of
benevolent individuals and to advance the work of Indian civilization."]

[Footnote 692: The eight districts into which the nation was at this
time divided were, Chickamauga, Chatooga, Coosawatee, Amohee, Hickory
Log, Etowah, Taquoe, and Aquohee.]

[Footnote 693: The census of the nation east of the Mississippi, taken
in 1835, exhibited the following facts:

+-----------------+----------+-------+------------+---------+
| | | | Whites | |
| |Cherokees.|Slaves.|intermarried| Total. |
| | | | with | |
| | | | Cherokees. | |
+-----------------+----------+-------+------------+---------+
|In Georgia | 8,946| 776| 68| 9,790|
|In North Carolina| 3,644| 37| 22| 3,703|
|In Tennessee | 2,528| 480| 79| 3,087|
|In Alabama | 1,424| 299| 32| 1,755|
+-----------------+----------+-------+------------+---------+
| Aggregate | 16,542| 1,592| 201| 18,335|
+-----------------+----------+-------+------------+---------+
]

[Footnote 694: In addition there was ceded by this treaty for the
location of other Indian tribes all the Cherokee domain in Indian
Territory lying west of 96°, containing by actual survey 8,144,772.35
acres or 12,726 square miles.]

[Footnote 695: And a fractional square mile comprising 374 acres.]

INDEX.

Adair, Andrew, murder of 319
Adair, James, on Cherokee boundaries 141
Adair, John Lynch, commissioner for Cherokee boundary 365
Adair, Washington, murder of 319
Adams, Captain, and acknowledged 130
Adams, John Quincy, on relations of Georgia and Cherokee 239
Alabama, alleges error in surrey of Cherokee boundary 211
Allegan or Allegwi identical with Cherokee 137
American Emigrant Company negotiates for neutral lands 349
Armstrong, F. W., commissioner to extinguish Cherokee title 241
Armstrong, R. H., aid acknowledged 130
Armstrong, William, commissioner to treat with Cherokee 298, 305
plan of, for adjusting Cherokee differences 304
Ashley, James M., commissioner for Cherokee boundary 365

Barbour, James, authorized to treat with Cherokee 229
Barnett, William, Cherokee boundary commissioner 207, 208
Bartram, William, remarks on the Cherokee 135, 372
list of Cherokee towns 143
Batt, Capt. Henry, exploring party under 138
Berkeley, William, exploring expedition by 138
Blair, James, Georgia commissioner in treating with Cherokee 236
Blount, William, protest against Hopewell treaty 155
treats with Cherokee 158
instructed to treat with Cherokee 162
Boudinot, E. C., address on condition of Cherokee 285
murder of 293
compensation to heirs of 299
on Cherokee treaty of April 27, 1868 344
Bridges, J. S., commissioner to appraise Cherokee property 258
Brodie, Paul, aid acknowledged 130
Brown, David, report on Cherokee, with census by 240
Brown, Jacob, purchase from Cherokee 147
Browning, O. H., annuls sale of Cherokee neutral land by Secretary
Harlan 349
Burke, Edmund, commissioner to treat with Cherokee 298, 303
Butler, P. M., Cherokee agent 297
commissioner to examine Cherokee feuds 301
Butler, Thomas, commissioner for Cherokee treaty 174

Calhoun, John C., treats with Cherokee 219
on Cherokee civilization 373, 374
Campbell, David, surveyor of Cherokee boundary line 165
Campbell, Duncan G., commissioner to extinguish Indian title in
Georgia 233
Campbell, William, surveyed line between Virginia and Cherokee
lands 156
Carroll, William, commissioner for making and executing Cherokee
treaty 253, 283
report on the Cherokee 259
Cass, Lewis, holds Cherokee council at Wapakoneta, Ohio 221
Catawba Indians, treaty of 1756 145
proposed removal of, to Cherokee country 317
Census, Cherokee, in 1825 240
in 1835 289, 377
in 1867 351
in North Carolina in 1849 313
in North Carolina in 1869 314
Census, refugee Indians, in 1862 331, 332
Chelaque identical with Cherokee 89, 135
Cherokee and Creek boundary disputes 266
Cherokee boundary of 1785, dissatisfaction with 160
Cherokee census, in 1825 240
in 1835 289, 377
in 1867 351
Cherokee cessions to the United States, area of 378
Cherokee citizenship 367
Cherokee Confederate regiment, desertion of 329
Cherokee constitution 374, 375
Cherokee country, boundaries of 205, 354, 365
Cherokee hostilities 170, 173
Cherokee lands, purchase of 210
removal of white settlers from 322, 323
cession and sale of 348
appraisal of, west of 96° 361
Cherokee migration 136
Cherokee Nation, political murders in 297, 303
Cherokee Nation of Indians, by C. C. Royce 121-378
Cherokee population 142, 377, 378
Cherokee western outlet 246, 248
Cherokee, the cessions of land by 130, 131
treaties with 133-378
known by North Carolina and Virginia settlers 138, 139
treaty relations of, with the United States 152
war with 170
proposed removal of 202
removals of 214-218, 222, 228, 254, 258, 260, 292, 341
situation of, west of the Mississippi 221, 292, 293
progress in civilization of 240
adoption of constitution by 241, 295
material prosperity among 260
protest against claims of Georgia 272
proposition of, to become citizens 274
memorials of, in Congress 275, 277, 289
unification of Eastern and Western 294
charge United States with bad faith 296
financial difficulties of 318, 320
new treaty proposed in 1854 by 320
political excitement in 1860 among 324
the Southern Confederacy and 320, 332, 333, 342
treaty of 1868 concluded with Southern 346
treaty of 1866 with loyal 347
jurisdiction of 369
Cherokee and Osage, difficulties between 242
Chester, E. W., instructed as to treaty with Cherokee 263
Chicamauga band, emigration of 150, 151
Chickasaw, Choctaw, Creek, and Cherokee, boundary between 205
Chisholm, John D., deputized by Cherokee to treat 212
Choctaw, Chickasaw, Cherokee, and Creek, boundary between 205
Clark, William, instructed to end Cherokee hostilities 221, 222
Clay, Henry, sympathy with Cherokee 287
resolution by, regarding title to Texas 355
Clements, C. C., special agent on Cherokee claims 308
Cocke, John, commissioner to extinguish Cherokee title 241
Coffee, John, objection to survey by 207, 208
appointed to assist in Cherokee removal 260
appointed to report on line between Cherokee and Georgia 270
Columbia River, Cherokee contemplate removal to 264
Confederacy, relation of Cherokee to Southern 376
Cooley, Dennis N., commissioner to treat with Cherokee 334, 341
Corwin, K. G., commissioner for Cherokee boundary 365
Cox, John T., commissioner to appraise neutral lands 351
Creek and Cherokee boundary disputes 266
Crockett, David, denounces policy toward Cherokee 288
Cumming, Alexander, treaty with Cherokee 44, 145
Curry, Benjamin F., to appraise Cherokee improvements 283
Cutifachiqui, visit of De Soto to 135

Davidson, G. L., commissioner to extinguish Cherokee title 241
Davie, William R., commissioner for Cherokee treaty 184
Davis, William M., report on state of feeling among Cherokee in
Georgia 284
Dearborn, Henry, treats with Cherokee 193, 195
Delaware Indians, cession of land in Indiana 137
join Cherokee 356-358
De Soto, visit of, to Cherokee 134
visit of, to Cutifachiqui 135
Dobbs, Arthur, grant by 145
Doublehead, Cherokee chief, secret agreement with 191, 192, 193
grant for 192, 193
Doublehead tract, controversy respecting 192
Drennan, John, authorized to pay Cherokee claims 312
Drew, Colonel of Cherokee Confederate regiment 329
Dunlap, R. G., speech on Cherokee affairs 285

Earle, Elias, negotiates for iron ore tract of Cherokee Nation 199, 200
Eaton, John H., appointed to negotiate treaty with Cherokee 275
commissioner to settle Cherokee claims 298
Ellicott, Andrew, survey of Cherokee boundary by 163-165
Ellsworth, Henry L., commissioner to treat with Cherokee 249
commissioner to report on country assigned to the Indians of the
West 251
Everett, Edward, denounces policy toward Cherokee 288
Ewing, Thomas, counsel for Cherokee 345

Franklin, treaties with the State of 151, 152

Gallagher, W. D., commissioner for Cherokee boundary 365
Georgia, protests of, against Hopewell treaty 155
United States agree to extinguish Indian title in 233
action by, regarding Cherokee 234, 236
view of, as to Indian title 241
Supreme Court decision in Cherokee Nation vs. Georgia 262
Supreme Court decision in Worcester vs. Georgia 264
refusal of, to submit to decision of Supreme Court respecting
Cherokee 266
hostility of, to Van Buren's compromise in Cherokee affairs 290
Georgia and United States, measures of, to remove Indians 260
Glasscock, Thomas, and John King protest against treaty of 1785 155
"Government" or "Ross" party of Cherokee 293, 298, 299
Graham, George, commissioner to treat with Cherokee 197, 198, 205
Grave Creek, West Virginia, mounds 51, 136
Grey, Alexander, commissioner to extinguish Cherokee title 241
Guess, George, inventor of Cherokee alphabet 230
death of 302
Gwin, James W., commissioner to treat with Cherokee 288

Hardin, Joseph, survey of Cherokee boundary by 156
Harlan, James, contracts for sale of Cherokee neutral land 340, 349
Harney, W. S., commissioner to treat with Indians 341
Hawkins, Benjamin, commissioner to treat with Cherokee 133, 184
journal of 165-169
Haywood, John, on origin and habitat of Cherokee 136
Henderson, Richard, purchase of land from Cherokee by 148
Hood, Robert N., aid acknowledged 130
Hopewell, proceedings at treaty of 152, 153, 155, 158
Houston, Robert, surveyor of Cherokee line in Tennessee 227, 232
Hubley, Edward B., commissioner to settle Cherokee claims 298
Hunter, A. R.S., commissioner to appraise Cherokee property 258

Indians, removal of, west of the Mississippi River 214
Intercourse act of 1796 173

Jack, Patrick, grant to 145
Jackson, Andrew, protests against Cherokee boundary of 1816 206
commissioner for Cherokee treaty 209, 212, 215, 216
refuses to approve Cherokee treaty of 1834 252
advice to Cherokee 258
on decision in Worcester vs. Georgia 266
urges Cherokee to remove 273
method of, for compelling Cherokee removal 297
Jefferson, Thomas, on, removal of Cherokee 202, 203
Jones, Evan, alleged founder of Pin Society 325
appropriation for 339
Jones, John B., warned to leave Cherokee 324
Jones, R., commissioner to examine Cherokee feuds 301
Johnson, Robert, Indian census in South Carolina in 1715 by 142
Johnston, William, financial relations to Cherokee Indians 315
Joy, James F., contract for Cherokee neutral lands by 340, 350

Kansa or Kaw, removal to Indian Territory 360
Kennard, Thomas V., commissioner to appraise Indian lands 363
Kennedy, John, commissioner to treat with Cherokee 288
Keowee Old Town on map by Bowen 141, 142
Kilpatrick, John Clark, surveyor of Cherokee boundary line 165, 168
King, John, and Thomas Glasscock protest against treaty of 1785 155
Knox, Henry, on violation of treaty of Hopewell 160, 161
treaty with Cherokee executed by 171
Kretschmar, H. R., commissioner to appraise confiscated property of
Cherokee 351

Lea, John M., aid acknowledged 130
Liddell, James, commissioner to treat with Cherokee 288
Lovely's purchase 245
Lowry, John, commissioner to urge Cherokee to remove 262
Lumpkin, Wilson, surveyor of Cherokee line 227
commissioner to execute Cherokee treaty 283

McCulloch, Benjamin, Confederate commander in Cherokee country 326
M'Intosh, Lachlane, agent of Tennessee with Cherokee 179
commissioner to treat with Cherokee 133
McMinn, Joseph, commissioner for Cherokee treaty 212, 216
on Cherokee migration 218, 223-225
appointed Cherokee agent 236
Martin, Joseph, commissioner to treat with Cherokee 133
Mason, John, Jr., report on Cherokee affairs 286
Mason, R. B., commissioner to examine Cherokee feuds 301
Maxwell, C. A., aid acknowledged 130
Meigs, Return J., commissioner of survey of Cherokee boundary 181-183,
187, 188, 189, 190, 191, 192, 194, 196, 200, 201, 204, 210,
211, 218-231, 232, 374
relations of, to the Cherokee 231, 232
death of 236
Merriwether, David, commissioner for Cherokee treaty 209, 212, 216,
235
Merriwether, James, commissioner to extinguish Indian title in Georgia
233, 235
Missourias removed to Indian Territory 364
Mitchell, D P., surveys Cherokee boundary 365
Monroe, James, on relations of Cherokee and Georgia 238, 239
Moore, Alfred, commissioner to treat with Cherokee 176
MoUzon's map, 1771, Cherokee towns on 143
Mullay, J. C., census of Cherokee in North Carolina in 1849 by 313
Munsee join Cherokee 356-358
Munson, Spencer, aid acknowledged 130

New Echota, Cherokee council at 280
adoption of Cherokee constitution at 374
Neutral land, proposed cession of, by Cherokee 319, 320
Nez Percé removed to Indian Territory 364
North Carolina, protests against Hopewell treaty 155
Cherokee refuse to cede lands in 260

Old Settler Cherokee party 293, 375
payments to 299
propose to remove to Mexico 302
claims of, settled 307
O-poth-le-yo-ho-lo loyal to the United States 330, 331
Osage half breed reserves, purchase of 252
Osage and Cherokee, treaty between 222
difficulties between 242
Osage removed to Indian Territory 359
Otoe removed to Indian Territory 364

Parker, E. S., commissioner to treat with Indians 341
Parris, Albion K., commissioner to treat with Cherokee 298, 305
Pawnee removed to Indian Territory 360
Phillips, Wm. A., Cherokee commissioner to appraise neutral lands 351
Pickens, Andrew, commissioner to treat with Cherokee as to boundary
133, 165, 180
Pike, Albert, as to Pin Society 325
Cherokee commissioner for Confederate States 326, 327, 328, 329
Pin Society of Cherokee 325
Ponca removed to Indian Territory 364
Price, Hiram, aid acknowledged 130

Rector, William, surveyed Cherokee line in Arkansas 222
Ridge, John, with Cherokee delegation at Washington 278, 279
murder of 293
compensation to heirs of 299
"Ridge" party of Cherokee 293
Ridge treaty rejected by Cherokee 280
Robertson, James, commissioner of Cherokee treaty 194
Rogers, James, deputized by Cherokee to treat 212
Ross, Andrew, proposition for Cherokee treaty 274, 275
and others, preliminary treaty concluded with 275
Ross, John, applies for injunction against Georgia 262, 272
alleged attempt to bribe 273
protests against the removal of Cherokee 273, 275
opposition to Andrew Ross's proposition 275
heads Cherokee delegation to Washington in 1835 278, 279
arrest of 281
opposition to treaty 282
refusal of, to acquiesce in treaty 283
proposes new Cherokee treaty 291
heads delegation to Washington in 1844 300
advises sale of Fort Gibson in town lots 322
opposes survey and allotment of Cherokee domain 324
relations of, to Southern Confederacy 326-332
not recognized as principal chief of Cherokee 343, 344
death of 347
"Ross" or "Government" party of Cherokee 293
Robertson, Charles, deed to, on the Watauga 147
Robertson, General, agent of Tennessee with Cherokee 179
Rutherford, Griffith, march against Cherokee 157

Saline or salt plains, treaty provisions regarding 250, 300
Schermerhorn, John F., commissioner to treat with Cherokee 249, 253,
257, 282
commissioner to report on country assigned to Indians of the West
251
appointed to treat with Ridge Cherokee delegation 278, 279
Schoolcraft, H. R., on identity of the Allegan with the Cherokee 137
Scott, Winfield, ordered to command troops in Cherokee country 291
Sells, Elijah, commissioner to treat with Cherokee 334, 341
Sequoyah, or George Guess, death of 302
Shawnee, expelled by Cherokee and Chickasaw 144
join Cherokee 356-358
Smith, Daniel, commissioner for treaty with Cherokee 183, 187, 190
Smith, Thomas E., commissioner to appraise Indian lands 363
South Carolina, endeavors of, to extinguish Cherokee title 204, 205
Southern Confederacy and the Cherokee 326-333, 342
Sprague, Peleg, denounces policy toward Cherokee 288
Steele, John, commissioner to treat with Cherokee 176
Stevens, E. L., aid acknowledged 130
Stokes, Montfort, commissioner to treat with Cherokee 249
commissioner to report on country assigned to Indians of the West
251
Storrs, Henry R., denounces policy toward Cherokee 288
Strum, G. P., aid acknowledged 130
Stuart, James, agent of Tennessee to treat with Cherokee 179
Supreme Court decision, in Cherokee Nation vs. Georgia 262
in Worcester vs. Georgia 264
Sweatland, S. H., census of Cherokee in North Carolina in 1869 by 314

Talootiske, Cherokee, grant of 193
Tatnall, E. F., appointed to assist in Cherokee removal 260
Taylor, Nathaniel G., commissioner to treat with Cherokee 340, 352
Tennessee, commissioners from, to treaty council of Cherokee 179
endeavor of, to treat with Cherokee 201
on validity of Cherokee reservations 232
Tennessee Company, purchase of Cherokee land by 162
Thomas, William H., agent for Cherokee 315
Thompson, R. F., aid acknowledged 130
Tompkins, H., census of Cherokee in 1867 by 351
Topping, Enoch H., commissioner to appraise Indian lands 363
Treaties and purchases of 1777 149
Treaties between the State of Franklin and the Cherokee 151, 152
Treaties of March 22, 1816 197, 198
Treaty and purchase of 1721 144
Treaty and purchase of 1755 145
Treaty and purchase of 1768 146
Treaty and purchase of 1770 146
Treaty and purchase of 1772 146
Treaty and purchase of 1773 148
Treaty and purchase of 1783 151
Treaty between Confederate States and Cherokee 328
Treaty Cherokee propose to remove to Mexico 302
Treaty of Hopewell, proceedings at 152
Treaty of 1756 145
Treaty of 1760 145
Treaty of 1761 146
Treaty of 1775 148
Treaty of November 28, 1785 133, 158
Treaty of July 2, 1791 158
Treaty of February 17, 1792 169
Treaty of June 26, 1794 171
Treaty of October 2, 1798 174
Treaty of October 24, 1804 183
Treaty of October 25, 1805 189
Treaty of October 27, 1805 190
Treaty of January 7, 1806 193
Treaty of September 11, 1807 194
Treaty of September 14, 1816 209
Treaty of July 8, 1817 212
Treaty of February 27, 1819 219
Treaty of May 6, 1828 229
Treaty of February 14, 1833 249
Treaty of December 29, 1835 253
Treaty of 1835, adjudication of 305
Treaty of 1835 declared void by Cherokee 294
Treaty of March 1, 1836, supplementary 257
Treaty of August 6, 1846 298
Treaty of July 19, 1866 334
Treaty of April 27, 1868 340
"Treaty" or "Ridge" party of Cherokee 293
payments to 299
feuds of 301, 302
Troup, Governor, on relations of Cherokee to Georgia 237
Tyler, John M., promises settlement of difficulties with Cherokee 296

Van Buren, Martin, offers a compromise in Cherokee affairs 290
Vashon, George, negotiates a treaty with Cherokee 252
Voorhees, D. W., counsel for Cherokee 345

Waddell, Hugh, negotiates treaty of 1756 with Cherokee and Catawba 145
Wafford's settlement 186, 187
Wales, Samuel A., instructed by Governor Forsyth to establish Cherokee
boundary line 269
Walton, George, commissioner to treat with Cherokee 174, 176
Washington, George, in relation to Cherokee 161, 173
Watie, Stand, a Confederate leader in the civil war 298, 325, 328, 333
confiscation act against adherents of 343
Webster, Daniel, denounces policy toward Cherokee 288, 290
Wellborn, Johnson, Georgia commissioner in treating with Cherokee 236
Whitner, Joseph, surveyor of Cherokee boundary line 165, 168
Wilkerson, William N., commissioner to appraise Indian lands 363
Wilkinson, James, commissioner for Cherokee treaty 184
Winchester, James, survey of Cherokee boundary line by 154
commissioner for Cherokee boundary 165
Wise, Henry A., denounces policy toward Cherokee 288, 289
Wistar, Thomas, commissioner to treat with Indians 341
Wool, John E., in command of troops in Cherokee Nation 283
report on Cherokee affairs 286
relieved 289
Worcester vs. Georgia, Supreme Court decision in 264

Yellow Creek settlement 183

BUREAU OF ETHNOLOGY FIFTH ANNUAL REPORT PL. VIII

[Illustration: MAP OF THE FORMER TERRITORIAL LIMITS OF THE CHEROKEE
"NATION OF" INDIANS EXHIBITING THE BOUNDARIES OF THE VARIOUS CESSIONS
OF LAND MADE BY THEM TO THE COLONIES AND TO THE UNITED STATES BY TREATY
STIPULATIONS, FROM THE BEGINNING OF THEIR RELATIONS WITH THE WHITES TO
THE DATE OF THEIR REMOVAL WEST OF THE MISSISSIPPI RIVER.

BY C. C. ROYCE. 1894.]

BUREAU OF ETHNOLOGY FIFTH ANNUAL REPORT PL. IX

[Illustration: MAP SHOWING THE TERRITORY ORIGINALLY ASSIGNED TO
THE CHEROKEE "NATION OF" INDIANS WEST OF THE MISSISSIPPI. ALSO THE
BOUNDARIES OF THE TERRITORY NOW OCCUPIED OR OWNED BY THEM.

BY C. C. ROYCE. 1894.]

[Transcriber's Note:

Inconsistent spelling and hyphenation are as in the original.]

*** End of this LibraryBlog Digital Book "The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))" ***

Home