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History of the Cherokee Indians and their legends and folk lore

Starr, Emmet

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cherokee indians -- history, cherokee indians, cherokee indians -- genealogy

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^ HISTORY

OF THE

CHEROKEE INDIANS

AND

Their Legends and Folk Lore

EMMET STARR

Published by

THE WARDEN COMPANY

Oklahoma City, Okla.

1921

77 5S«

FEB 21 1922

PREFACE.

This humble effort is attempted for the purpose of perpetuating some of the facts relative to the Cherokee tribe, that might otherwise be lost. The object has been to make it as near a personal history and biography of as many Cherokees as possible.

Without the assistance of the magnanimous, wholesoul membership of the nation, the work would not have been possible and for that reason 1 wish to thank each and every member, for their hearty collaboration and express my regret that the work has not the merit with which many others might have invested it.

Emmet Starr. Claremore, Okla. December 12, 1^2 I.

From Press and Bindery of the Warden Co.

Contents

Page CHAPTER 1.

\/Origin, Religion, Ciiaracteristics 2 1

CHAPTER II. Trouble with the Chickamaugau, Attack at Knoxville, Mussel Shoals Massacre, Removal to Arkansas, First Printed Laws 35

CHAPTER III. Convention of Delegates, Constitution Adopted -- 55

CHAPTER IV. Proclamation of May 28, 1828 67

CHAPTER V. Treaty with the Cherokees, 1835 85

CHAPTER VI. The Emigration from Georgia, Cost Detachment, Resolutions of Protest, Political Differences, Civil War Averted 103

CHAPTER VII.

Act of Union Between the Eastern and Western Cherokees 121

CHAPTER VIII. Treaty with the Cherokees, 1846. Schools Established. Old Settler Pay- ments. Keetoowah Society Organized. Organization of Military Companies. Cherokees Enter the Civil War. General Waite Sur- renders -- 137

CHAPTER IX. Treaty with the Cherokees, 1866. Delawares Acquire Full Rights. Shaw- nees Adopted by Cherokees. Land Sold to Osages. Officers' Sala- ries Fixed. Land Donated to Masons. Lodges 167

CHAPTER X.

The Texas Cherokees 1820-30. Grant from Mexico. Grant from Texas. Treaties. Expulsion 187

CHAPTER XL

/ Public School System Established. National Officials. Male and Female

Seminary. Graduates. Eleemosynary Institutions --_225

CHAPTER XII.

Missionary Activities, First Printing 247

12 HISTORY OF THE CHEROKEE INDIANS

CHAPTER XIII. Officers of the Cherokee Nation, September 9, 1839, to June 30, 1908__26l

CHAPTER XIV. Old Families and Their Genealogy 303

CHAPTER XV. Continuation of Old Families __ — 335

CHAPTER XVI.

Continuation of Old Families 363

CHAPTER XVII.

Continuation of Old Families 374

CHAPTER XVIII. Continuation of Old Families 399

CHAPTER XIX. Continuation of Old Families -- 419

CHAPTER XXi. Redbird Smith. The Nig'hthawk Branch of the Keetoowah Organization. Election of Chief Levi Gritts 477

CHAPTER XXI. Continuation of Old Families 543

HISTORY OF THE CHEROKEE INDIANS

HON. ROBT. L. OWEN

HISTORY OF THE CHEROKEE INDIANS

O. H. P. BREWER Oliver Hazard Perry Brewer, the son of Lieutenant Colonel Oliver Hazard Perry and Delilah (Vann) Brewer, was born in Canadian District on March 15, 1871. A member of the senior class at the Male Seminary he was expelled about a couple of months before graduation day for condemning the action of the principal of that school in unmercifully beating one of the smaller boys. Brewer then attended Arlcansas University and gradu- ated on December 6, 1803. He was elected Senator from Canadian District on August 5, 1901. Elected a memtier of the Cherokee National School Board and chosen as its presi- dent in November. 1903. A democrat, he was elected delegate to the Oklahoma State Constitutional Convention from District Number Seventy-seven on November 6, 1906. Appointed postmaster of Muskogee in 1917.

HISTORY OF THE CHEROKEE INDIANS

D. M. cFAULKNER

HISTORY OF THE CHEROKEE INDIANS

(pPh.J^c:£>

(SHQU(JYAH)

CHEROKEE ALPHABET.

CHARACTERS SYSTEMATICALLY AR- RANGED WITH THE SOUNDS

I-

S*i

Jl7

-b

lui

rau

^1 (

nti

nil a

ne nail ni

ci)

qua

que

qni

quo

qau

quv

.* T>

J .T V

tia

do t

di t

IIU

dia

I la

tic

cle

tlo

tin

tlv

tH^

ise

isi

tso

t()U

tsv

iSS

W V

yi;

SOUNDS REPRESENTED BY VOWELS

A as a in father, or short, ae a in rival.

E as a in hate, or short, as e in met.

I as i in pique, or short as i in pin.

O as 0 in note, but aw approaching to aw in law.

U as 00 in moon, or sliori as u in pull.

V as u in buf, nasalized.

CONSONANT SOUNDS. G, IS sounded bard approachioif to k; sometimen he fore e, I, u and v, its gound is k. D has a sound be iween the English a and i; pomeiimcs, before o, n, and V its sound is I; wuen written before I and 8 the same analogy prevails All other letters as iu English. Syllables beginning wiih g, except ga have sometimes the power of k; syllables when written with tl, except tIa sometimes vary to dla.

HISTORY OF THE CHEROKEE INDIANS

CHAPTER I Origin, Religion, First Civilizatioyi. Early Wars

■^ OR four hundred years the question: "From whence came the In- TT dian?" has been a recurrent problem. Four centuries of quest and ^"^ investigation have not brought the solution nearer and it's sanest an- swer of today is conjecture.

Every person, who has made an extended study of Indians either as a tribe or as a race, has naturally evolved some idea of their possible origin and this is very often based on tribal migration legends.

.At some ancient period, so remote that even legend does not note it, the earth most probably came so ear the sphere of influence of some other planet, that it momentarily swung out of its solar trend, causing a cataclysm that in- stantly transforme dthe zones so suddenly that the giant mammoths were frozen as they stood, to be later incased in great masses of ice and preserved so well that as it melted away from their bodies the flesh \vas so fresh that ii was eaten by dogs and other animals.

The immense glaciers were left in the temperate and possibly the torrid zones. .4s to whether any land was raised at that time there is a question, but there is very little doubt that much of the land connecting northern Eu- rope and America was submerged, leaving only Greenland, Iceland and a few other elevated portions above sea level. The flora and fossil remains indicate a previous continuity and the charts of the ocean bed show a well defined plateau at only a comparatively shallow depth extending from Labrador to Norway.

These seismic and climatic convulsions most prDbably very nearly de- stroyed the cave dwellers of what had been the united continent of Euro- merica. but on account of their peculiar hardiness a few survived to repopulate the riven continent.

Aeons later, so late that even the historians of the early civilizations were able to gather bits of legends concerning it, the fabled continent of Atlantis, lying west of Spain and possibly joining southern Europe or Northern Africa with South or Central America, sank with its mythical civilization and possibly leaving parts of a homogenous people in America, North Africa and Eurasia.

Other people possibly came to western America from Asia and the South Sea Islands. As the people became more numerous they commenced to migrate. The Cherokees, with the soft accents of the underbills, which was obviously the mother dialect, were evidently from a southern country, for the pleasant fluent languages always come from a southern people in contradis-

HISTORY OF THE CHEROKEE INDIANS

f thP north This tribe moved gradually to tinction from the harsher tones o ^ ^^ ,„i„,i3, ohio, Virginia

the north and east as .s ^^■f"^^^^^^;^;^,^ showed artifactuary and thhnic and Tennessee that have been e>cpl«red and sho ^^^^^^^^^ ^^^^^^^^^

composition almost ■^-/'•- ,^^"f , ;;:S\norcrematory marks of this tribe and handicraft. In each of these toe .^1 k ^^ ^^^.^^ ^^^ ^.^^^^

were found; the charred post ^^ ^^e apex or ^^^^ _^^^^^_ ^j^^^.

had been bound. The h^'-d'^"^^^^"^^^^''',;;'L t e n^ound had been added

century. , , r-i ov, r^nro-in and on the surface of the

• ,n the center of a mound ^^^ ^-h, G or^^ ^.d o ^^^^^^ ^^ ^^^^

ground were found two copper plates Fh,. ten to > ^.^^.^^^ ^^_

Len inhabited ^y^i'-^^^-^tnlTnTericrYucat n and^he Levant.

signs to these are those of Central f "7''^' , , 3 t as far east as Dela-

mmmmm

that when they came to the black grass counu\

sippi. This probably has reference to the frost hue. coastland

The Cherokees came so suddenly and unexpectedly mto the coistlani that the Senecas and many other tribes thought that they came froni the earth and a led te,; -.cave men" or "the people that came from a hole m he e ound ' The ancient Delawares, who called themselves "Lenm Lenape" 0 ■The Peop e' ■ called the Cherokees, ■■Allegans." The Cherokees wer known to the Shawnees, another Algonquin tribe as he Keeoow a . The Shawnees called the Muskogees, "Swamp People" or "Humaskog. and this foreign name was slightly changed and adopted by the Muskogees when they formed their confederacy, but the Muskogees changed the word to Emmussuk, of Medicine, referring to the "black wash" and ogee, meaning confederacy or the confederacy of those who drank the black wash, a stringent emmenagogue and chologague for purification purposes immediately preceding the green corn dance and on other stated occasions. The Muskogees were probably driven out of Mexico by the Aztecs, Toltecs or some other of the northwestern tribal invasions of the ninth or preceding centuries. This is evidenced by the customs and devices that were long retained by the Creeks.

The Cherokees were forced back from the vicinity of the Great Lakes and Atlantic by assailants, led by the valorous Iroquois, until they reached the southern Appalachian mountains, where they held all enemies at bay and ere-

HISTORY OF THE CHEROKEE INDIANS

ated a neutral strip extending- north to Ohio river, nn which no tribe or war nor dared settle with impunity.

_ When the earlv missionaries came amono- the Cherokees. they were as- omshed at the simihiritv of the religious traditions of the Cherokees to the b.bhcal accounts. I„ recountino- the religious views of the Cherokees thev stated that rom tuKe immemorial the tribe had been divided in sentiment That whde the greater part had been idolatrous, worshiping the sun, moon .tars and other gods; a small portion denied that system and taught that there were three benigs above, who created all things and will judge all men. That hey fixed the time and manner of death. Their names were : U-ha-he-ta-qua the great head of all power; A-ta-no-ti and U-squa-hu-la. These three beino-; were said to be always unanimous in thought and action and always will be Ihey s.t on three white seats above and are the only objects to which worship and prayers should be directed. The Angels are their messengers and come down to earth to attend to the affairs of men.

They claimed that Yehowa was the name of a great king. He was a man and yet a spirit, a great and glorious being. His name was never to be spoken in common talk. This great king commanded them to rest every sev- enth day. They were told not to work on this day and that they should de- vote it to talking about God\

Yehowa created the world in seven days at Nu-ta-te-qua or the first new moon of autunm, with the fruits all ripe^^. God made the first man of red clay and he was an Indian, and made woman of one of his ribs.''' All people were Indians or red people before the flood. They had preachers and proph- ets who taught the people to obey God and their parents. They warned the people of the approaching flood, but said that the world would only be de- stroyed by water once, and that later it would be destroyed by fire, when God would send a shower of pitch and then a shower of tire' which would burn up everything. They also taught that after death the good and the bad would he separated, the good would take a path that would lead to happiness, where It would always be light, but the bad would be urged along another path which Hou.d lead to a deep chasm over which lay a pole with a do- at each end liey would be urged on to this pole and the dogs, by movin- it, would throw |hem off into the gulf of fire beneath. But if they' got over they would be transfixed with red hot bars of iron and thus be tormented forever>

A little before the flood men grew worse and worse. At length God sent a messenger from above to warn the people of the flood unless^hey lurred from their wickedness. God then told a man to make a house that would swim, take his family and some of the dit^'erent kinds of animals into it' Th- rain commenced and continued for forty days and forty nights, while the water at the same time gushed out of the ground, so that as" much came up as came down from the clouds".

The house was raised upon the waters and borne away. At lenoth the man sent out a raven, and after some time, sent a dove, which came back with a leaf in her mouth. Soon after this the man found the house was resting on 01 y ground on the top of a mountain. This being in the spring of the year

24 HISTORY OF THE CHEROKEE INDIANS

tlic lamily and all the animals left the house and the family descended to the botton of the mountain and commenced their farming operations'.

The Cherokees detailed to the missionaries parallels to practically every one of the stories of the Bible. They called Abraham, Aquahami; Moses was called Wasi. These accounts were so circumstantial that many investig-ators were led to believe that the Cherokees were of Semitic origin. But it is palpable that they had been told these stories by Priber during his short stay among them and that they had forgotten their origin within seventy years and attributed it to legends that had descended from the mythical Kutani and their primal religion. On account of the fact that the Cherokees thought that the missionaries were bringing back to them their old religion, it was a compara- tively easy task to convert them from a tribe of savages to a Christian nation within the comparatively short period of thirty years. When they were con- verted, they, at the behest of the missionaries cast aside every vestige of their ancient customs to such an extent that not any of their mythology has ever been preserved, even among those of the tribe that speak the Cherokee lan- guage preferably.

On May 10, 1540, De Soto, according to the historiographer, "a gentle- man of Elvas, '■ entered the province of Chelaque, which was most pro- bably one of the Underbill settlements, as the use of the sound of the letter 'i" was universal with them in preference to the letter "r" which was occasionally used by the Overhills, notably in the word oochera in con- tradistinction to oochela, as used by the Underbills. After traveling a north- ward course through their country he came to Xualla, probably Qualla, an 1 then turning westward the Spaniards traversed the entire Cherokee country, visiting Canasauga on the way.

In the decade of 1666-1676 an exploring party sent out from Appomailox by Sir William Berkeley, Governor of Virginia, came to some abandoned fields and settlements located on a river flowing to the westward when their Indian guides refused to proceed, allieging that not far away dwelt a powerful tribe that never suffered strangers who discovered their towns to return alive'. This was in the vicinity of the Cherokees, and was thought to allude to them.

Alexander Dougherty, a Virginia trader, was the first white man to marry a Cherokee, the date was 1690.- The Cherokees in concert with the Mus- kogee towns of Alabama, Abekas and Conchartys were said to have been in league to attack the French in 1708 but probably did not do so.

Two hundred and eighteen Cherokees accompanied the colonists under Colonel Barnwell in 1712 in the subjugation of the Tuscaroras, an Iroquoian tribe that lived adjacent to and southeast of the Cherokees. Following the success of this expedition, the tribe then moved northward and joined the Iroquoian confederacy on the Great Lakes. Three years later the Cherokees joined the Yamassees, Appalachians and Creeks against the colonists, but they were defeated and the Yamassees and Appalachian tribes were destroyed.

In January 1716 the Cherokees killed the Frenchmen de Ramsey and de . .ongueie, the latter being a member of the illustrious de Moyne family that founded Biloxi and New Orleans and furnished the first two governors of Louisiana, both of whom were the paternal uncles of young de Lonsjueil. whose

HISTORY OF THE CHEROKEE INDIANS l5

father was Governor of Canada. In reprisal for the death of his son, the Gov- ernor induced the Iroquois to attack and burn two of the Cherolcee towns.

The estimated popuhition of the Cherokee country in 1715 was eleven thousand, in 1735 fifteen thousand. In 173 8 the ravages of smallpox which was a hitherto unknown disease with them, reduced their number by one half, later reports gave their population for 1875, 10,717; ISSo, 21,920; 1890, 28,000; 1900, 32,376 and 1910, 38,300.

De Iberville established Biloxi as the capital of Louisiana in 1690, it was moved to Mobile in 1702, which was fortified nine years later, and was finally transferred to New Orleans in 17 18. Fort Toulouse, among the Creeks, Fort Rosalie among the Natchez and other fortified stations among the Chickasaws and Choctaws were established' with the consent of those tribes by the French in 1714 or earlier, and four years later the ambitious promotions of Law threatened to found a formidable French colony in the lower Mississippi valley. Of all the tribes east of the great river only the Cherokees remained friendly to the English and in order to counteract the French influence. Governor Nichol- son of South Carolina concluded a treaty of peace and commerce with them in 172 1 by which their boundaries were defined. This was their first treaty with the whites.

In 1729, Sir Alexander Gumming, of England, was led, by a dream of his wife's, to undertake a voyage to America with the object of visiting the Chero- kees. He sailed on September I3th, arrived at Charlestown on December 5th, and on March 1 1, 1730 began his journey to the Cherokee country. At Keowee, three hundred miles from Charlestown and which was the first im- portant location on the road, locally called the trace from Charlestown to the Cherokee nation, he met Ludovic Grant, a Scotch trader from Tellico, who had lived there since 1720, had married a Cherokee woman and spoke their lang- uage. He informed Grant that he wanted to visit the Cherokees and prevail- ed on him to accompany him on the trip. They stopped at the residence of Joseph Baker, a trader at Keowee and that evening attended a meeting of the headmen at the townhouse, where the Indians met every night. Sir Alexander made the first of his stereotyped addresses in which he stated "that he was one of the Great King George's children but was not sent either by the Great King or any of his Governors — that he was no public person and only came for his own private satisfaction to see their country, and that he would drink th.; King's health hoping that all persons would pledge him, which he accordingly did upon his knee desiring those present to follow his example He carried with him into the townhouse, his gun, cutlass and a pair of pistols; upon one of the traders telling him that the Indians never came there armed and that they did not like to see others do so, he answered, with a wild loi)k, that his inten- tion was, "if any of the Indians had refused the King's health I would have taken a brand from out the fire, that burns in the middle of the room and set fire to the house. 1 would have guarded the door and put to death every one that endeavored to make his escape, so that they might have all been con- sumed in the flames."'

On the next morning he departed from Keowee on a trip of over one hundred and fifty miles into the center of the nation, during- which time hj

26 HISTORY OF THE CHEROKEE INDIANS

never stopped for more than one night at a place. When any of the Chero- kees met him, they would, as was their custom, sliake nanas with him, upon which he would take down their names in a note book, saying that he had made a "friend of him."

Sir Alexander was told of the ceremonies that were used in making a "be- loved man," or ouka; of which there were many in the nation, the word was ordinarily translated into English as "king" and the cap of red or yellow dyed opossum skin was generally spoken of as a crown. When Sir Alexander ar- rived at Neguasse he expressed a desire to see one of the crowns and upon being shown one, requested that he be allowed to take it to England and pre- sent it to the King. In an article in the London Daily Journal of October 8, 1730. he made claims to have been made a chief of the tribe and that he was further allowed to name Mogtog of Tellico as their emperor. He told the In- dians he would soon return to England and that if any of them would like to accompany him he would take them. Seven Cherokees signified their willing- ne.ss to go, two of whom were Attacullaculla and Oconostota. They arrived at Charlestown on April 13, 1730 and on June 5th they landed at Dover, England, on the English man-of-war Fox. On the 22nd they were presented to the King. Sir Alexander laid the opossum skin "crown" at his feet and the Indians added four scalps and eagle tail feathers to the tribute. This audience developed the real reason of his activities which were to follow in, a degree, the machinations of Crozat and Law in France. Among his schemes, was one for paying off eighty millions of the national debt by settling three million Jewish families in the Cherokee mountains to cultivate the land, and for re- lieving the American colonies from taxation by establishing numerous banks and a local currency, but he could find no one who would take his scheme^ seriously. In a letter from South Carolina bearing date of June 12th and pub- lished in the Edinburgh Weekly Journal of September 16, 1830 Sir Alexander was accused of having defrauded the settlers out of large sums of money and other property by means of fictitious promissory notes. He did not answer these charges and his chimera collapsed. The Indian delegation was loaded with presents by the government and returned to Charlestown.

The Principal Chiefs of the Cherokees have been: 1736 Moytog; Atta- cullaculla, died 1778; Oconostota, died 1785; Tassel, killed in July 1788 Hanging Neaughe, Blackfox; Pathkiller; William Hicks, was chief for only one year, 1827; John Ross 1828 to 1866; William Potter Ross, Reverend Lewis Downing, William Potter Ross, Reverend Ochalata, Dennis Wolf BushyheaJ, Joel Bryan Mayes. Thomas Mitchell Buffington, Colonel Johnson Harris." Sam- uel Hou.ston Mayes, Thomas Mitchell Buffington and William Charles Rogers. The Principal Chiefs of the Westeren Cherokees were, consecutively: John Bowles 1795-18 13; Takatoka 1813-1818; Tahlonteeskee, John Jolly, John Brown and John Rogers. The latter was deposed in 1839 and his valuable property at Grand Saline was confiscated by Chief John Ross. John Roger, was the grandfather of William Charles Rogers, the last Chief of the Cherokees.

Governor Glenn of South Carolina concluded a treaty with the Chero- kees on November 24, 1855 by which that colony acquired five million five

HISTORY OF THE CHEROKEE INDIANS 27

hundred twent}' six thousand four hundred acres and the right to construct and garrison three forts in the Cherokee country, and soon afterwards the Govern- or built Fort Prince George within gunshot of Keowee and Fort Moore, onj hundred and seventy miles further down on Keowee River. A treaty of alliance was made in 1756 between the Cherokees, Catawbas and North Carolina. Dur- ing this year the Earl of London having been appointed commander in chief of the British forces in the American colonies, sent Major Andrew Lewis to build the third fort in the Cherokee nation. He located it on the Tennessee River within five miles of Schauta, the capital of the nation. The English translation of Echauta is "place of rest." The English ordinarily spelled the name Chota. This fort was named London in honor of the Earl. It was garrisoned with two Scotch companies under Captains Paul Demere and John Stuart and was over one hundred and fifty miles from the nearest white settle- nent.

General Hraddock marching to attack Fort Duquense with a well equip- ped army of more than two thousrnd regulars and the famous Virginia Militi.i was met in ambush on the Monongahela River by seventy-two French regulars, two hundred and fifty Canadian volunteers and six hundred thirty seven In- dians under Captain Marie de Beauyeu and ingloriously defeated. The French had already ingratiated themselves with all of the western Indians except the Cherokees and the effect of Braddock's defeat was to encourage the Indians to scour the frontier in large and small bodies, killing, burning and destroying. The tide of emigration that had for several years steadily flowed westward over the Alleghenies commenced to rapidly recede. During this time Colonel George Washington wrote to his former employer, Lord Fairfax, that three hundred and fifty wagons had crossed one ford of the Monocacy River, east- bound, within three days. Colonels William Byrd and Peter Randolph were deputed by the Colony of Virginia in November 1755 to treat with the Chero- kees for their active cooperation; as Colonel George Washington expressed it "without Indians we will be unable to cope with the cruel foes of our coun- try.'"

-Vlajor Andrew Lewis had led a company of Cherokees in an attack on the Shawnees, who were allies of the French and while on their return a party of them was entertained by a back settler in Augusta County, Virginia and when they had taken their leave, some of his friends, whom he had placed in ambush for that purpose, fired upon and killed several of them. Those who escaped arrived in their towns just as Byrd and Randolph were on the point of con- cluding their treaty.- Great excitement ensued, and but for the devotion of Silonee and the wisdom and tact of Attacullaculla, the treaty would not only have been defeated, but the commissioners themselves would have been killed. Attacullaculla hastened to apprise the commissioners of their danger, warning them to stay within their tent, and on no account to appear abroad. Silonee saved the lives of the commissioners by standing in their tent door and telling a body of warriors that before they got to the commissioners they would have to kill him, as Colonel Byrd was his friend. In addressing the council Attacullaculla expressed the indignation that they all felt at the treachery of the Virginians and declared he would have full satisfaction for the blood of

28 HISTORY OF THE CHEROKEE INDIANS

his countrvmen. "Let us not, however" he added, "violate our faith, or the laws of hospitality, by imbruing- our hands in the blood of those who are now in our power; they came to cement a perpetual alliance with us. Let us carry them back to their own settlement; conduct them safely to their con- fines; and then take up the hatchet and endeavor to exterminate the whole race of them.'" A treaty of alliance was finally concluded.

For three years the Cherokees adhered to their promise made in the treaty and defended the western frontier, rendered every aid possible to the settlers and when General Forbes assembled his levies to attack the French a large number of Cherokees joined him at Winchester. Virginia.- Dr. John Forbes, a Scotch physician, who had been serving in the Canadian service as a lieutenant colonel was promoted to a brigadier generalship by James Abercromby, the new British commander in chief, early in 1758. General Forbes was a strict disciplinarian who profited much by correcting many of the military mistakes of Braddock. He was domineering, petulant and at that time in such bad health that he had to be carried on a litter, and died in March 1759. He did not understand the irregular but effective mode of warfare as practiced by his Cherokee allies and his irritable complaints and continuous insults, even to the magnanimous Attacullaculla, caused the Cherokees to quit his command on November l5, 1758, ten days before his reduction of Fort Duquesne. On the nineteenth the General ordered that they be intercepted, their horses, guns and ammunition be taken from them and if they protested they should be strip- ped of everything except their breech clouts and then escorted back to their nation, to prevent them from reprisals. Thus the only tribe that had been faithful allies of the English for the last thirty seven years, after having been driven from the army by the continuous petty insults of the commander, was offered this last indignity and this, by the orders of the general must be exe- cuted by Colonel Byrd- whose life had been saved in 1755 by Attacullaculla, who was on this latter occasion the commander of the Cherokees.

In addition to this, the colonial Indian affairs of the army which was under the "control of Edmund Atkin, Indian Agent,"' were so badly managed that, instead of receiving the encouragement their services and bravery merit- ed, they were met by what they considered injustice, neglect and contempt. At one time ten of them were imprisoned on suspicion of being spies in the French interest; another party, after having undergone the perils and priva- tions of their long march, went into action in their destitute condition, behaved nobly and rendered valuable service to the colony; but on returning with their trophies of honor, found neither agent nor interpreter to reward or thank them; nor any one who could tell them why they were thus neglected. But for the intervention and kind treatment of Colonel George Washington, they must have returned to their nation, tired with just resentment, if not open war, against their allies."'

The Cherokees were attacked as they were returning from Forbes' camp by some of the back settlers, the very same people that they had gratituously protected, but the settlers did not discriminate between friendly Indians and enemy Indians, but set upon and killed twelve or more of the unsuspect- ing Cherokees, alleging that they had stolen some of their horses.

HISTORY OF THE CHEROKEE INDIANS 29

TIil' younsi' warriors clamored for war but the old chiefs persuaded them to wait until they had asked satisfaction from the colonies, in accordance with treaty stipulations. They sought reparation and satisfaction from Virginia, then North Carolina and afterwards South Carolina, but in vain. War, their only alternative, began. Among others, two soldiers of the garrison at F.ort London, who were out hunting, were killed. Governor Lyttleton, of South Carolina mobilized the colonial militia in the vicinity of the Congarees to march against the Cherokees. Oconostota and thirty one other chiefs visited the Governor at Charlestown in an attempt to settle affairs. He told them that he would make his demands known only when he had reached their country, and if they were not granted he would take satisfaction by force of arms; that they must follow his army back to the nation. Upon Oconostota arising to protest, the Governor forced him to be seated and would not allow him to utter a word. The chiefs were forced to march behind the army to the Congarees where they were made prisoners, taken to Fort Prince George and shut up in a room that was scarcely large enough for the accommodation of six persons.

The Governor's military ire cooled in proportion to the distance that he got from Charlestown. When he arrived at Fort Prince George, he sent for ^ttacullaculla, the known friend of the English and upon that chief's arrival he insolently demanded the twenty-four Cherokees who had been accused of killing whites. Attacullaculla promised to do whatever he could in their de- fivery and asked that some of the prisoners be freed so that they might assist in the endeavor. Oconostota and seven others were accordingly liberated and the others, although they had gone as peace envoys were detained.

Two of the Indians that had been demanded were brought in and ex- changed for two of the imprisoned chiefs; and an agreement was entered into on December 26, 1859 that the others would be delivered, but they had fled and could not be apprehended. Despairing of being able to rescue the prison- ers by any other means Oconostota asked the commander of Fort Prince George for a conference and Captain Cotymore, Lieutenant Dogherty, Ensign Bill and their interpreter, Foster, met liim on February 16, 1760, the parties being en opposite banks of the Savannah River. At a signal from Ocono- stota some warriors who had been hidden near him, fired and wounded all four of the party from the fort, the Captain being so severely wounded that he died two or three days later. The Indians stormed the fort but were re- pulsed and the twenty-two hostages were killed.

War. with all of its dreaded consequences was now on, and the back set- ters appealed in vain to Governor Nicholson. Colonel Montgomery, who ^-as later Earl Eglington v/as dispatched from New York to Charlestown from whence he marched against the Cherokees. raised the seige in May 1 76o that Oconostota was conducting against Fort Prince George, and on June 27, 1760, he destroyed Etchoe, which had been deserted by its inhabitants, but on ac- count of the incessant attacks it became necessary for him to retreat and in doing so he had to destroy and abandon all of his surplus supplies in order to expedite his progress. He reached Charlestown and sailed for New York.'

At the same time that Oconostota attacked Fort Prince George, Willi-

30 HISTORY OF THE CHEROKEE INDIANS

naw:i threw a stron? cordon around Fort l.ondon. Mannal by two companies of Scotch highlanders, the Fort mounted twelve cannon and was amply sup- plied with ammunition. Runners were sent to Virginia and South Carohna, but the former was not able to reach their destination on account of the dis- tance, and the defense of the latter was centered in the fleeing, harassed Montiomerv, and when his forces were safely away. Oconostota assumed the command of the investment of Fort London. Courageous, active and vigi- lant, he had the unaccounable reputation of having never lost a man in battle? Rations became shorter and shorter, and despite the fact that the Cherokee wives of many of the soldiers dared death in taking food to their husbands, the garrison was soon reduced to horse flesh. In this extremity Captain Stuart, the junior commander, whose wife was Susannah Emory, the quarter blood 'granddaughter of the Scotch trader Ludovic Grant, and who spoke the Cherokee language fluently, was known to them on account of his great shock of blond hair as Oonotota or Bushyhead asked for and had a conference with the Cherokee Chiefs at the townhouse of Etchauta, and agreed on the follow- ing articles of capitulation:

"That the garrison of Fort London march out with their arms and drums, each soldier having as much powder and ball as their officers shall think nec- essary for their march, and all the baggage they may choose to carry that the garrison be permitted lo march to Virginia or Fort Prince George, as the com- manding officer may think proper, unmolested; and that a number of Indians be appointed to escort them, and hunt for provisions during their march; that such soldiers that are lame or by sickness disabled from marching, be received into the Indian towns and kindly used until they recover, and then be allowed to return to Fort Prince George; that the Indians do provide for the garrison as many horses as they conveniently can for their march, agreeing with the officers and soldiers for payment; that the fort, great guns, powder, ball and spare arms be delivered to the Indians without fraud or further delay, on the day appointed for the march of the troops."

This agreement was signed by Captain Paul Demere representing the garrison and by Oconostota and Cunigacatgoae for the Indians.^

The Fort was evacuated on August 7, 1760, the garrison under the escort if Oconostota and Outacite started for Fort Prince George and encamped thai evening on Tellico Plains after having travelled some fifteen miles. Noticing that his escort was gradually leaving him, Captain Demere posted sentries, who came in early in the morning and reported that Indians painted for war were quietly approaching in large numbers. Hardly had he formed his men when a volley was fired into their ranks, killing Captain Demere, three of his officers and about twenty-six men. The attack continued with war whoops and an in- cessant rattle of guns from all quarters. The rest of the men were either killed outright or captured and returned to Fort London. After the soldiers left, the Indians found that the British had, contrary to agreement, bur'.ed mucn of their powder and equipment. This breach of faith incensed them and was the primary reason for the Tellico Plains attack.

As soon as Attacullaculla heard that Captain Stuart had been returned to Fort London with the other prisoners, he hastened there and purchased him,

HISTORY OF THE CHEROKEE INDIANS 31

giving in exchange his arms and all of his clothing except his breech clout. He took his prisoner to Captain Demere's house, which he had appropriated and entertained him. Oconostota was anxious to renew the investment of Fort Prince George and proposed that Captain Stuart be compelled to operate the artillery that they had captured, against the fort. Captain Stuart appealed to Attacullaculla to save him from this fratricidal position. The Chief stated that he was going on a hunt and that he intended taking his prisoner with him. As soon as they were safely in the northern hunting grounds and outside the Cherokee settlements they turned eastward to Virginia, where Attaculaculla de- livered Captain Stuart to his friends and retraced his way to Fort London.

Attacullaculla was a small, slender man, distinguished as an orator and diplomat instead of being a great warrior. The word attacullaculla is trans- lated as a pole or reed slightly stuck in the earth and leaning; or leaning stick

Captain John Stuart was born in Scotland in the early part of the eigh- teenth century and died at Pensacola, Florida, February 2 1, 177'i.

The assembly of South Carolina tendered Captain Stuart a vote of thanks, together with a reward of 1500 pounds for his heroic defense of Fort London and he was later appointed British Superintendent of Indian Affairs South ot the Ohio River.

Fort Prince George was strengthened. In January 176 1 Lieutenant Colonel James Grant, who had succeeded to the command of Colonel Mont- gomery's Highland Scotch regiment arrived at Charlestown and went into winter quarters. By the accession of Provincial Militia, Choctaw and Chicka- saw allies his command was brought up to twenty-six hundred men. They ar- rived at Fort Prince George on May 2 7, 1761, when they were met by Atta- cullaculla who plead the cause of his people and begged Colonel Grant to delay his march until he could return to the nation and attempt to bring about peace.

Colonel Grant refused to listen to him and started from Fort Prince George on June 7th. After a rapid march he reached a gap in the moun- tains, where he detailed Lieutenant Francis Marion, who later played such an important part in the revolution, with thirty men to reconnoiter. Scarcely had this advance force entered the gap before they were entiladed and twenty- one of the men fell at the first discharge. The battle lasted for about three hours with a loss of about sixty men killed on each side and the Cherokees were defeated. For a month more Colonel Grant devastated the middle Cherokee settlements, burned every habitation and destroyed all rrops. Driv- en to distress the Cherokees made a treaty of peace with the South Carolin- ians in September 1761 and another with the Virginians on November o, 1 761 For fifteen years peace reigned in the Cherokee nation, but on May 9, 1776, circular letters were sent out by the British Superintendent, Stuart, to the Cherokees and Tories asking them to fall on and destroy the western American settlers. The Cherokees at first demurred but finally acceded to the wishes of King George, as they understood that he was the head of the English. It was hard for them to understand how one part of any people could fight oth- ers of their own nationality. But at last many of the young warriors listened to the persuasive Stuart, who had been their friend and agent for some ten vears.

32 HISTORY OF THE CHEROKEE INDIANS

It was agreed to make a simultaneous attack on the western settlers. For this purpose the Cherokees were to furnish seven hundred warriors to be divided into three bodies. One of these under Dragging Canoe was to at- tack the Holston settlements, the second contingent under Abraham of Chil- howee was to destroy the Watuga settlements and Raven (Colonah) was to march against Carters Valley. The attack was to be made on the morning of July 21, 1776. But as soon as she was certain that the preparations were in earnest Mrs. Nancy Ward, the Ghigan or the beloved woman of the Chero- kees, who was living at Chota dispatched William Thomas, a white trader and William Fawling, an eighth blood Cherokee and a son of Rim and Elizabeth 'Emory) Fawling to apprise the settlers of their danger. Hastily assembling they were ready to meet the advance of the British allies which included warriors and Tories. The little army from the Holston settlement met Drag- ging Canoe's contingent at Long Island on July 20, 1776 and after a short skirmish in which thirteen Cherokees were left dead on the field, Dragging Canoe withdrew his forces.

On the next mnriiing at sunrise, Abraham attacked Fort Watauga, which was garrisoned by forty men under Captain James Robertson and Lieutenant John Seiver and this post was invested for twenty days but the Indians were finally compelled to retire. On account of the repulse of Dragging Canoe and Abraham and the further fact that he found the citizens of Carter's Valley fort- ed up. Raven failed to make the concerted attack.

"Upon the whole, the Indian invasion was a failure, owing to the timely warning of Nancy Ward, and the concentration of the inhabitants in forts built in consequence of the information she conveyed. If the well guarded secret of the Indian campaign had not been disclosed, and they had been permitted to steal upon the defenseless backwoodsmen, who, in fancied security, had re- mained scattered over the extensive frontiers, every soul of them would have been swept from the borders of Tennessee.'"

Isaac Thomas' services were recognized and rewarded by the Virginia legislature. Mrs. William Bean, the mother of the first white child born in Tennessee, nnd S;'niuel Mcore, a boy, were captured at the attack on Foit Watauga. They were taken back to the Cherokee nation where the boy was burned at the st-'ke and a like punishment was being meted to Mrs. Bean, who was tied to a stake on the top of the mound that stood in the center of Et- sauta, the fagots were piled around her and the frenzied savages were gloating; over their chance to also sacrifice their second. Defeat had whetted their remorseless appetites, but just as the torch was about to be applied, the Ghigan exercising her prerogatives approached the pyre, pronounced the pardon of Mrs. Bean, cut the strands that bound her and took her to her home, kept her until it was safe to send her under the escort of her brother Longfellow and her son Firekiller, to her home and husband. Chief Tassel said afterward that Moore was the only white person that was ever burned by the Cherokees.

In retaliation for the Cherokee attacks North Carolina sent twenty-four hundred men under Colonel Griffith Rutherford against the Cherokees, two hundred Georgians under Captain Jack, eighteen "hundred and sixty South Carolinians and two thousand Virginians under Colonel William Chri^stian at-

HISTORY OF THE CHEROKEE INDIANS 33

cicked and destroyed most of the nation; destroyed their crops, appropriated their property and burned fifty of their towns and reduced the people to dire destitution. Etsauta, the home of Attacullaculla and Ghigau was spared from destruction by Colonel Christian, the commander of the Virg;inia forces. A treaty of peace was concluded with the South Carolinians and Georgians ai De Witt's Corner on May 20, 1777, and exactly two months later another with Virginia and North Carolina at Long Island of the Holston. By these two treaties they ceded five million two hundred sixty four thousand acres. Outacita, Young Tassel and Dragging Canoe did not attend either of these treaties and the latter chief withdrew with many implacable young warriors and established the five Chicamauga towns, east of the present city of Chatta- nooga. Dragging Canoe was at this time a stalwart, subtle and daring warrior of about twenty four years of age. Outacita was at this time seventy-five years old, discontented, he moved to the Chicamauga settlements but on account of his age was not active in their affairs. Young Tassel was a half blood Eng- lish-Cherokee who was later known as John Watts. He settled in the vicinity of the Chicamaugas, but did not join them. Chief Attacullaculla died in 1778 and was succeeded by Oconostota. The Chicamauga towns flourished and became the headquarters of the British authority south of the Ohio. The Brit- ish agent Colonel Brown and subagent John McDonald were established there. McDonald's store became the British commissary. Many warriors from thai community prepared to join Governor Henry Hamilton in a general attack on the western frontier, but the Governor was arrested on February 25, 1779 by Colonel George Rogers Clark and the Chicamaugas decided to attack the Holston settlement, but in the meantime James Robertson who was located ac Etsauta as the first American Cherokee agent had ascertained their moves and with a force of five hundred men attacked and destroyed the eleven Chicamauga towns by way of the Tennessee. Among other property destroy- ed was one granary of twenty thousand bushels of corn. Upon hearing of this destruction the Cherokee warriors retraced their way to their devastated homes.

The lull that followed this destruction enabled the Transylvania troops to furnish many expert riflemen to the American forces at Kings Mountain, where the tide of war was changed in favor of the young republic. It also gave the Chicamaugas time to remobilize their forces for another general attack, but this was thwarted by a counter attack by Colonel John Sevier in the winter of 1780-81 in which he destroyed the Overhill towns and those on the Hiwassee River. In the summer of 1781 a treaty of peace was concluded with the Overhills. For a third time in three years the western settlements ot the Cherokees were over run and ruined, this time by Colonel Sevier, in Sep- tember, 1782.

Conditions were not any longer tenable for the impoverished Chica- maugas, within the Cherokee settlements, so they moved about forty-five miles westward and established the Five Lower towns of: Running Water, Chicamauga, Nickajack, Crow and Lookout Mountain, forming a strategic point for the assembling of Chicamaugas, Tories, STiawnees and Creeks. Oconostota resigned the Chieftaincy on account of old age in 1782 and was

34 HISTORY OF THE CHEROKEE INDIANS

succeded by Tassel. Oconostota died in 1785. The English interpretation ot his name was pounded ground hog, or popularly called "ground hog sausage." Fifty-five years before his death he had, as a young chief, visited England, and for that reason was most probably born about the beginning of the eighteenth century.

THE LAMENT OF THE CHEROKEE Bv John Howard Payne, Author of Home, Sweet Home.

O, soft falls the dew, on the twilight descending. And night over the distant forest is bending And night over the distant forest is bending

Like the storm spirit, dark, o'er the tremulous main. But midnight enshrouded my lone heart in its dwelling,

A tumult of woe in niv bosom is swelling And a tear unbefitting the warrior is telling

That hope has abandoned the brave Cherokee. Can a tree that is torn from its root by the fountain.

The pride of the valley; green, spreading and fair. Can it flourish, removed to the rock of the mountain,

Unwarmed by the sun and unwatered by care? Though vesper be kind, her sweet dews in bestowing.

No life giving brook in its shadows is flowing. And when the chill winds of the desert are blowing.

So droops the transplanted and lone Cherokee. Sacred graves of my sires; and 1 left you forever?

How melted my heart when I bade you adieu; Shall joy light the face of the Indian? Ah, never;

While memory sad has the power to renew. As flies the fleet deer when the blood hound is started.

So fled winged hope from the poor broken hearted; Oh, could she have turned ere forever departing.

And beckoned with smiles to her sad Cherokee. Is it the low w-ind through the wet willows rushing.

That fills with wild numbers my listening ear? Or is it some hermit rill in the solitude gushing,

The strange playing minstrel, whose music 1 hear? 'Tis the voice of my father, slow, solemnly stealing,

I see his dim form by yon meteor, kneeling To the God of the White Man. the Christian, appealing.

He prays for the foe of the dark Cherokee. Great Spirit of Good, whose abode is in Heaven,

Whose wampum of peace is the bow in the sky, Wilt thou give to the wants of the clamorous ravens,

Yet turn a deaf ear to my piteous cry? O'er the ruins of home, o'er niv heart's desolation:

No more shalt thou hear my unblest lamentation; For death's dark encounter, 1 make preparation;

He hears the last groan of the wild Cherokee.

HISTORY OF THE CHEROKEE INDIANS 35

CHAPTER II

Trouble with th< Chicamaugas, Attack at Knoxville. Mussel Shoals Massacre, Removal to Arkansas, First Printed Laws.

The lirst treaty between the United States and the Cherokees was made at Hopewell on the Keowee River on November 28, \S7S, between "Benjamin Hawkins, Andrew Pickens, Joseph Martin and Lachlan Mcintosh, Commis- sioners Plenipotentiary of the United States and the Headmen and Warriors of all the Cherokees." The Commissioners were among the most disting- uished men of the southern part of the republic. Pickens and Mcintosh had been brigadier generals of militia in the revolution; Martin and Hawkins had held honorable positions both in military and civil life. Both parties agreed to restore all prisoners. The Cherokees acknowledged the exclusive protec- tion and authority of the United States. Boundary lines were to be definitely marked, peace declared and the Cherokees should have a right to a delegate to Congress.

The belligerency of the Chicamaugas was practically unimpeded, although Dragging Canoe died at Running Water on about the tirst of March l 792 and was succeeded as town chief by John Bowles, an auburn haired, blue eyed, half blood Scotch Cherokee aged about thirty-two years. Tassel, head chief of the Cherokees and a well known friend of the whites, with his son and two others was invited to the headquarters of Mayor James Hubbert in 1 788. They came unarmed, under a flag of truce and promise of protection although they were not at war. As soon as they were within his lines, Habbert had them conveyed to a vacant house and placing a tomahawk in the hands of a youn^ man whose parents had been killed by a marauding band of Cherokees, told him to kill all of the visiting Cherokees, which he did while the Mayor stood guard at the door. This is the only instance of a head chief of the Cherokees being killed, either while in office or later, excepting the murder of Richard Fields, the Texas Cherokee Chief. Tassel was the uncle of John Watts, Tab- lonteeskee and Unakateehee. Scolacutta or Hanging Maugh succeeded Tassel as head chief of the Cherokees.

A treaty was made by Governor William Blount and the Cherokees on Holston River on July 2, 1791. It was practically a reiteration of the treaty of 1785, but granted the Cherokees an annuity of one thousand dollars, and on February 1 7, of the next year a supplementary treaty was made at Phila- delphia increasing the annuity to fifteen hundred dollars. This was raised to five thousand per annum on June 26, 1 794.

While Dragging Canoe was succeeded by John Bowles as town chief of Running Water, his succession to the leadership of the Chicamaugas passed by an election by that band to John Watts in the latter part of March 1 792 and two months later, on Sunday, May 21st, the Chicamaugas met Governor Blount at Coyateehee in the nation, where elaborate plans had been made by them to receive and honor him. A ball play was held the following day and was succeeded by a council in which Watts and the Cherokees again pledged fealty to the United States. Watts promised that he would visit Governor

36 HISTORY OF THE CHEROKEE INDIANS

Blount, ten days later, stay a few days with him and then accompany him on a mission to the Choctaws and Chickasaws.

On the day after the departure of the Governor, Watts went !o Too,uo, v/here a courier delivered a letter to Watts, from William Panton, :>. wealthy Scotch merchant at Pen5::ccl?, where he had fled from Georgia after Ins prop- erty in that province had iu-en confiscated and destroyed because he w;is a tory. The letter invited Watts and such other friends as he cared to bring, es- pecially Tahlonteeskee, to visit him and the Spanish Governor O'Neal at his establishment at Pensacola, where they would be given many presents.

Taking letters of introduction from John McDonald of Chicamauga, late- Assistant British Superintendent of Indian Afairs; Watts, Tahlonteeskee and a son of the late Dragging Canoe set out for Pensacola. On arriving there they were flattered and shown every attention, then were reminded of the pertidious death of Tassel. They were assured of the fact that neither English nor Span- iards ever coveted their hunting grounds but that the settlers were continually encroaching upon them. They were given pack loads of arms, ammunition and presents and told they might have as much ammunition and arms as they needed to get satisfaction for the death of their kinsman, Tassel.

On their return to the nation. Watts issued a call to the Chicamaugas to meet at his residence at Wills Valley on the following green corn dance date, which was in August. On their assembling. Watts laid before them the prop- osition of Panton, and while this was bitterly opposed by Bloody Fellow, it gained almost unanimous approval. The war party started out three days later against the Cumberland settlements, but hearing that Unakateehee had arrived at the mouth of Lookout Creek, with a load of whiskey, they had it brought to Willston where they drank and feasted for several days and were delayed some ten days longer, debating modes and plans of attack. Tahlon- teeskee went forward to reconnoiter the Kentucky and Cumberland roads, but only encountered some travelers, killing one of them. Middlestriker of Wills- town with fifty-five warriors prepared an ambush near Crab Orchard on the Walton road, where on September 23, 1792 he attacked Captain Samue! Handley, who was captured by Arthur Coody and later liberated.

General James Robertson, commander of the Tennessee troops, dispatch- ed on September 25th, Clayton and Jonathan Gee, two of his most trusted spies to locate the Cherokees, but they were met by George Fields and John Walker on a like errand for Watts, and killed. Fields as a captain and Walker, a major of the Cherokee auxilliaries rendered good account of themselves with the Americans under General Andrew Jackson at the battle of Horseshoe Bend in 18 14.

Watts command of about one hundred and sixty seven Cherokees, thirty Shawnees from Running Water under Shawnee Warrior and eighty three Creeks under Talotiskee of Broken Arrow got near enough to Buchanan's Station to hear the lowing of the cows on the evening of the thirtieth of Sep- tember, where it became necessary to have another conference, as Talotiskee and Doublehead wished to attack that station, which was small and Watts had planned to attack Nashville, which was only four miles further and was the largest station in this vicinity. The adherents of the former proposition were

HISTORY OF THE CHEROKEE INDIANS 37

successful :uid the attack was made near midnight. After a fierce melee of several hours it became apparent that General Robertson was approaching from Nashville and the Indians withdrew. Kiachatalee of Nickajack, Shaw- nee Warrior of Running Water and Talotiskee of Broken Arrow were killed and seven Cherokees were wounded, three of whom later died from the effects of their wounds. John Watts and Unakateehee were among those wounded, hut both survived. No casualties occurred to those in the blockhouse.

On June 12, 1793, a delegation had gathered at Hanging Maugh's pre- paring to proceed to Philadelphia in compliance with an invitation from the President transmitted to them by Governor Blount, the Governor had already gone ahead, on the seventh of the month to make preparations for their com- ing and had delegated John McKee to accompany them. Watts, Doublehead and several other prominent Cherokees were some who had come to see the delegates off. Without warning, a company of whites under Captain John Beard, who had been hunting the slayers of Thomas Gillum and his son James, appeared at Maugh's residence and began firing promiscuously, killing about twelve and wounding many others, including Hanging Maugh, his wife and daughter and Elizabeth, the daughter of Nancy Ward. Upon the repeated re- quests of the Cherokees, Captain Beard was tried before a court martial but was acquitted.

Finding that the protection that had been promised them by treaties was of no effect, the Cherokees again commenced to prepare for retaliation and the settlers for defense. Knoxville had a garrison of forty men. Gen- eral Sevier with a force of four hundred mounted was at Ish's Station, across the river from Knoxville, Campbell's Station, fifteen miles west of Knoxville, one of the strongest posts on the border was well guarded and Cavitt's Station, half way between Knoxville and Campbell's Station contained people, three of whom were gun men. John Watts with one thousand warriors crossed Tennessee River below the mouth of Holston on the evening of September 24, 1793 and marched all night intending to surprise Knoxville at daylight but on account of the bickering of Doublehead and others who wished to attack instead of avoid the small stations on the way they arrived near Cavitt's Sta- tion at the time that Watts had planned to reach Knoxville. An assault was made on that Station. Alexander Cavitt was killed and five Indians were killed or wounded. A parley was then held in which the people of the Statior surrendered on the promise of protection, but they were brutally murdered by the intractable Doublehead. The Indians, knowing that their plans were known, then recrossed the Tennessee.

General Sevier with about seven hundred men pursued the hostiles, who were both Creeks and Cherokees and came up with them at the mouth of Eto- wah River on October 17, 1793 where after a spirited engagement of only a few minutes in which less than ten men were killed, the Indians abandoned the field. After this skirmish the middle towns were at peace with the set- tlers although daring leaders of the Chicamaugas, either single or with small bands kept up desultory depredations until Major James Ore destroyed Nicka- jack and Running Water on September 13, 1794 and put an end to the Chero- kee war.

38 HISTORY OF THE CHEROKEE INDIANS

In June 1794 some emigrants who were on their way down Tennessee River to the western settlements were attacked at Mussel Shoals. John Bowles and all of his men were killed. "After this bloody tragedy, which is known as the Mussel Shoals Massacre, the whole party of Cherokees went aboard the boats, descended the Tennessee, Ohio and Mississippi to the Mouth of the St. Francis River. There they placed all the white women and children in one boat, granted to each of the married ladies a female servant, put on board an ample stock of provisions and four strong and able black men and let them descend the Mississippi to New Orleans, the place of their destination. With one of these ladies 1 afterward became acquainted. At her residence 1 have frequently domiciled when visiting New Orleans, and found her, though a wid- ow, truly a mother in Israel. She was to New Orleans what Mrs. Isabella Graham was to New York. It was from her lips that I received the foregoing particulars. She often spoke of the kindness and courtesy with which she and all the white ladies and children were treated by Bowl and his party.

But to return to my narrative, after the departure of the boat for New Orleans, the Bowl and his party ran the other boats, with their contents of goods, servants, etc., a few miles up the St. Francis River to await the issue of the affair. They feared that their conduct at the Mussel Shoals would be re- garded by our government as a violation of the treaty of amity, and as a re- newal of hostility. As soon as the massacre of Mussel Shoals was known to the Cherokees in their towns they convened a general council, and in a me- morial to the United States government, declared that they had no part in the tragedy; that they wished to be at peace with the United States and that they would do all in their power to aid the United States in bringing them to justice. They sent for Bowl and his party to return and submit to a trial for taking the lives of white citizens of the United States. When this whole matter was investigated by the government of the United States the Cherokees were fully justified and the property confiscated and declared by treaty to belong justly to the perpetrators of the Mussel Shoals Massacre."

The Cherokees had been settling in the St. Francis country for at least forty years, as Lieutenant Governor Couzat reported to Governor Amazoga on December 10, 1775 that the Cherokees had driven the miners away from Mine I.a Motte, fifteen leagues from St. Genevieve.'

"The course pursued by the Cherokee council toward the refugees tended to alienate their minds from their people in the home of their fathers, and made them less reluctant to remain in their new homes west of the Mississippi Added to this, the abundance of game, the fertility of the soil and the bland-- ness of the climate, soon made them prefer their homes here to those where they had resided in the east. Other parties who crossed the Mississippi foi the purpose of hunting and trapping, when thev saw the prosperity of the orit;- nial refugees, joined them.

Louisiana was delivered to the United States government at St. Louis on March 10, 1804 and all of that portion lying north of the thirtv-fifth parallel was constituted, on March 8, 1805, the Territory of Louisiana " ,u J^'T^ '!"" '"°"^'' ""^ December 18 1 1, the great siesmatic disturbances of the St. Francis River country, in which the Cherokees were located, caused

HISTORY OF THE CHEROKHE INDIANS 39

much of this tL'rritory to be submerged; while subterranean rumblin,;; and roaring continued for many years. Fearing that this country was under the ban of the Great Spirit, the Cherokees moved en masse to a new location be- tween the Arkansas and White Rivers.'

On June 4, 1812 the Congress of the United States created the Territory of Missouri and on the succeeding thirty first day of December, the County of Arkansas, Territory of Missouri, was created, embracing practically the pres- ent state of Arkansas, and during the following year Lawrence County was constituted from that portion of Arkansas County lying north of the mouth of Little Red River. Thus it will be seen that the Cherokee settlement was suc- cessively within the Spanish province of Louisiana, Territory of Louisiana, Ter- ritory of Missouri and the Counties of Arkansas and Lawrence, Territory of Missouri. During all of which time they had been settlers without warrant of title to their habitations and it was not until the ratiticaion of the United States-Cherokee treaty of of July 8, 1817, that they were confirmed in their rights to their homes.

In 18 13 a considerable accession was made to their number by voluntary emigration from the old nation and they became so numerous that the United States sent Samuel Treat to be their agent in the St. Francis country and he iccompanied them to their new location between the Arkansas and White Rivers; he was succeeded in 18 13 by William L. Lovely. 9

The rights of the Western Cherokees to their lands in Arkansas was con- firmed by the treaty of 1817, at Turkeytown in which the government agreed to give the Arkansas Cherokees as much land "acre for acre" between th:: Arkansas and White Rivers as they would cede of their domain in the east, besides paying the emigrants that might thereafter move, for their improve-- ments, transport them to their new homes, subsist them for twelve months after their arrival, besides other perquisites and valuable considerations. The result of this treaty was a considerable emigration from the east to the west in the years 1818 and 1810. From that time until their union by the treaty of 1835, which was not effected, in fact, until 1830, the Arkansas Cherokees were estimated at one-third of the whole tribe.

In the opening of 18 19 Thomas Nuttall, the naturalist, ascended the Arkansas River, and gave the following of the Western Cherokees, as he found them: "Both banks of the river as we proceeded were lined with the houses and fences of the Cherokee, and although their dress was a mi.xture of indigenous and European taste, yet in their homes, which were decently fur- nished, and in their farms, which were well fenced and stocked, we perceived a happy approach toward civilization. Their numerous families, also, well fei and clothed, argue a propitious progress in their population. Their superior industry, either as hunters or farmers, proves the value of property amon^:; them, and they are no longer strangers to avarice and the distinctions created by wealth. Some of them are possessed of property to the amount of many thousands of dollars, have houses handsomely and conveniently furnished, and their tables are spread with our dainties and luxuries."

The capital of the Cherokee Nation West from 18 13 to 1824 was at Takatoka's village; from 1824 to 1828 it was at Piney, on Piney Creek; fron-.

40 HISTORY OF THE CHEROKEE INDIANS

1828 to 1838 at Tahlonteeskee on the south side and near the mouth of the Illinois River and for a short time in 1839 at Takatoka or Double Springs on Fourteen Mile Creek.

By the provisions of a treaty between the United States and the Osage Indians on June 2nd, 1825, the latter ceded to the United Sates all of their land lying " east of a line to be drawn from the head sources of the Kansas River southwardly through Rock Saline." This was afterwards marked as the hundredth meridian, thus becoming automatically the western boundary line of Arkansas.

It being the policy of the United States to settle all of the Indians that were located within the organized States and Territories in the extreme western uncharted lands of the government and the Cherokees wishing to escape the oppression and inconvenience of being located in a small narrow reservation where they were continually hampered and disturbed, they exchanged their lands in the Territory of Arkansas for a like amount lying west of the old line of Arkansas. In accordance with this treaty the Western Cherokees moved to their new territory in 1828-29.

Bowles' village was between Shoal and Petit Jean Creeks, on the south side of the Arkansas River, and consequently not within the territory ceded to the Cherokees by the treaty of 1817. On account of this fact and also to gratify a general wish of his townsmen to locate within Soanish territory, where they thought they would find such pleasant surroundings as they had encountered in the vicinity of New Madrid in southeast Missouri, but they did not stop to remember that while that had been Spanish territory, that their neighbors and officers had been Frenchmen. But nevertheless the sixty fam- ilies of Bowles' town moved to and located in Texas in the winter of 1819-20. They were shortly afterwards joined by Richard Fields (Grant 1' 1? 3^ 2*) a man of striking personality, of considerable intelligence and although he spoke the English language fluently and preferably, he was not able to sign his name. From the time that he joined them until his death, he was untiring in his efforts to obtain a title for the Cherokees, to the land on which they re- sided. A title to these lands were obtained from the Republic of Texas, by treaty on February 23, 1836. They were driven from this land on July 16. 1839 by the entire army of the Republic of Texas, commanded by Brigadier General Kelsey H. Douglas, who was accompanied by Vice and Acting Gov- ernor David G. Burnett. Secretary of War Albert Sidney Johnson and Adju- tant General Hugh McLeod, thus making the Republic responsible for their acts.

Three plats of land, each a mile square were set aside by the provisions ot article two of the treaty of Tellico, of October 25, 1805, ostensibly for gov- ernment purposes, but in reality, as shown by a second article of the treaty for Doublehead and Tahlonteeskee as a bribe for their support in making the treaty. Tahlonteeskee disposed of his two allotments and joined the Chero- kees in Arkansas, where he became principal chief. Doublehead stayed ir the Eastern Cherokee Nation where he dared the scorn of his neighbors, in the summer of 1807, a great ball play was held on Hiwassee River, attended by more than a thousand Cherokees, after the close of the game, a chief named Bonepol.sher upbraided Doublehead for his perfidy and Doublehead drew his

HISTORY OF THE CHEROKEE INDIANS 41

revolver and killed him. During' the evening, Doublehead who had been drinking entered a tavern where he encountered John Rogers, (Grant 1' l- 2'--) Ridge (Ridge 1^ It) and Alexander Sanders (Sanders r 2-). Rogers com- menced to berate him for his crime. Doublehead said to him: "You are a white man and live by sufferance among us, hush and let me alone or I will kill you." Doublehead snapped his pistol at him, some one extinguished the light, a shot was tired and when the lamp was relighted Doublehead was lying on the floor with a large wound in his lower jaw. Doublehead was then taken to a neighbor's loft but was found and killed by Sanders, who was accompanied by Ridge.'.

The progress of a people is best exemplified by their efforts to establish equal rights for all of their people and their printed laws are the best inde-; to their advancement. The tlrst printed law of the Cherokees was:

LAWS OF THE CHEROKEE NATION

Resolved by the Chiefs and Warriors in a National Council assembled. That it shall be, and is hereby authorized, for the regulating parties to be organ- ized to consist of six men in each company; one Captain, one Lieutenant and four privates, to continue in service for the term of one year, whose duties it shall be to suppress horse stealing and robbery of other property within their respective bounds, who shall be paid out of the National annuity, at the rates of fifty dollars to each Captain, forty toeach Lieutenant, and thirty dollars to each of the privates; and to give their protection to children as heirs to their father's property, and to the widow's share whom he may have had children by or cohabited with, as his wife, at the time of his decease, and in case a father shall leave or will any property to a child at the time of his decease, which he may have had by another woman, then, his present wife shall be en- titled to receive any such property as may be left by him or them, when sub- stantiated by two or one disinterested witnesses.

Be it resolved by the Council aforesaid. When any person or persons v\-hich may or shall be charged with stealing a horse, and upon conviction by one or two witnesses, he, she, or they, shall be punished with one hundred stripes on the bare back, and the punishment to be in proportion for stealing property of less value; and should the accused person or persons raise up with arms in his or their hands, as guns, axes, spears and knives, in opposition to the regulating company, or should they kill him or them, the blood of him or them shall not be required of any of the persons belonging- to the regulators from the clan the person so killed belonged to.

Accepted. — BLACK FOX, Principal Chief, PATHKILLER. Sec'd. TOOCHALAR. CHAS. HICKS, Sec'y to Council.

Brooms Town, 11th Sept. l8oS.

Be it known. That this day, the various clans or tribes which compose the Cherokee Nation, have unanimously passed an act of oblivion for all lives for which thev mav have been indebted, one to the other, and have mutually

42 HISTORY OF THE CHEROKEE INDIANS

agreed that after this evening the aforesaid act shall become binding upon every clan or tribe; and the aforesaid clans or tribes, have also agreed that if, in future, any life should be lost without malice intended, the innocent aggressor shall not be accounted guilty.

Be it known, also. That should it happen that brother, forgetting his nat- ural affection, should raise his hand in anger and kill his brother, he shall be accounted guilty of murder and suffer accordingly, and if a man has a horse stolen, and overtakes the thief, and should his anger be so great as to cause him to kill him, let his blood remain on his own conscience, but no satisfaction shall be demanded for his life from his relatives or the clan he may belong to. By order of the seven clans.

TURTLE AT HOME,

Speaker of the Council. Approved— BLACK FOX, Principal Chief, PATH KILLER, Sec'd. TOOCHALER.

In the war between the United States and the Creeks in 18 14 a large body of Cherokees volunteered to assist the army led by Generals Andrew Jackson and John Colfie. Among the officers were Colonel John Lowry, Major George Lowry, Major Ridge, Major John Walker, Captain George Fields, Captain Alexander Sanders, Captain John Rogers, Adjutant John Ross and private Charles Reese. In the crucial battle of Horse Shoe Bend in which the Creeks were strongly barricaded behind cypress log ramparts and were holding their own against the frontal attacks, a detachment of Cherokees came up on the opposite side of the river, Charles Reese swam across and towed a canoe to his associates, the canoe load of warriors crossed the stream and each one got a canoe. In this manner the Cherokee?, landed in the hack part of the bend, attacked the Creeks from the rear. In attempting to repel this assault the Creeks so weakened their front that a breach was made nearly annihilating the belligerent Creek forces. From thai day Andrew Jackson became increasingly popular. Historians carefully re- frain from giving the Cherokees mention or credit for a part in this combat and Reese's family received a silver mounted rifle as acknowledgement for his actions, three years after his death.

An act of the Cherokee Council that served as a substitute for a consti- tution was as follows:

Whereas, fifty-four towns and villages have convened in order to delib- erate and consider on the situation of our Nation, in the disposition of our com- mon property of lands, without the unanimous consent of the members of Council, and in order to obviate the evil consequences resulting in such course, we have unanimously adopted the following form for the future government of our Nation.

ART. 1st It is unanimously agreed that there shall be thirteen members elected as a Standing Committee for the term of two years, at the end of which term they shall be either re-elected or others; and in 'consequence of the death

HISTORY OF THE CHEROKEE INDIANS 4?

or resignation of any of said Committee, our head Chiefs shall elect another to fill the vacancy.

ART. 2d. The affairs of the Cherokee Nation shall be committed to the

care of the Standing Committee; hut the acts of this body shall not be binding

on the Nation in our common property and without the unanimous consent

of the members and Chiefs of the Council, which they shall present for their

acceptance or dissent.

ART. 3d. The authority and claim of our common property shall cease with the person or persons who shall think proper to remove themselves with- out the Cherokee Nation.

ART. 4th. The improvements and labors of our people by the mother's side shall be inviolate during the time of their occupancy.

ART. 5th. This Committee shall settle with the Agency for our annual stipend, and report their proceedings to the members and Chiefs in Council, but the friendly communications between our head Chiefs and the Agency shall remain free and open.

ART. 6th. The above articles for our government, may be amended at our electoral term, and the Committee is hereby required to be governed by the above articles, and the Chief and Warriors in Council, unanimously pledge themselves to observe strictly the contents of the above articles. — Whereunto we have set our hands and seals at Amoah, this 6th day of May. one thousand eight hundred and seventeen.

Approved in Council, on the day and date above written. EHNAUTAUNAUEH,

Speaker of the Council Approved of the within government 1\\- the head Chief, PATHKILLER. A. McCoy, Sec'y to the Council. CHAS' HICKS.

Unanimously agreed, That schoolmasters, blacksmiths, millers, salt petrc and gun powder manufacturers, ferrymen and turnpike keepers, and mechanics are hereby privileged to reside in the Cherokee Nation under the following conditions, viz:

Their employers procuring a permit from the National Committee and Council for them and becoming responsible for their good conduct and be- havior, and subject to removal for misdemeanor; and further agree, that blacksmiths, millers, ferrymen and turnpike keepers, are privileged to improve, and cultivate twelve acres of ground for the support of themselves and fam- ilies, should they please to do so.

JNO. ROSS, Pres't. Nat'l. Com. A. McCOY, Cl'k. Nat'l. Com.

In Committee, New Town, Oct. 26th, ISIO.

On July 8, 1817, a treaty was made with the United States, the main feature of which was the exchange of land east of the Mississippi for land in Arkansas, so that the Western Cherokees might have title to their homes. On February 27. 1919 another treaty was made confirming the treaty of 18 17

44 HISTORY OF THE CHEROKEE INDIANS

and providing- for the basis of the Cherokee National school fund. The East- ern Cherokee Nation was divided into eight districts by:

New Town, Cherokee Nation, October 20th. 1820.

Resolved by the National Committee and Council, That the Cherokee Nation shall be laid off into eight districts, and that a council house shall be established in each district for the purpose of holding councils to administer justice in all causes and complaints that may be brought forward for trial, ana one circuit judge, to have jurisdiction over two districts, to associate with the district judges in determining all causes agreeable to the National laws, and the marshals to execute the decisions of the judges in their respective districts, and the District Councils to be held in the spring and fall seasons, and one company of lighthorse to accompany each circuit judge on his official duties, in his respective districts, and to execute such punishment on thieves as th?. Judges and Council shall decide, agreeably to law, and it shall be the duty of the marshals to collect all debts, and shall be entitled to eight per cent for the same; and the Nation to defray the expenses of each District Council, and in case of opposition to the marshals in execution of their duty, they shall be justifiable in protectingtheir persons from injury in the same manner as is pro- vided for the National lighthorse by law.

By order of the National Committee.

JNO. ROSS, Pres't. N. Com. Approved— PATH KILLER (X) his mark. CHAS. R. HICKS. A. McCOY, Clerk, and the undated act

Resolved by the National Committee and Council, That the Cherokee Nation be organized and laid off in Districts, and to be bounded as follows:

1st. The first District shall be called by the name of Chickamaugee, and be bounded as follows: beginning at the mouth of Aumuchee creek, on Oostennallah river, thence north in a straight course to a spring branch be- tween the Island and Rackoon village, thence a straight course over the Look- out Mountain, where the heads of Will's and Lookout creeks opposes against each other on the Blue Ridge, thence a straight course to the main source of Rackoon creek, and down the same into the Tennessee river, and up said river to the mouth of Ooletiwah creek, and up said creek to take the most southeastern fork, thence a southern course to the mouth of Sugar Creek, into the Cannasawgee river, and down the said river to its confluence with the Oostcnallah river, and down the same to the place of beginning.

2d. The second District shall be called by the name of Challoogee, and be bounded as follows; beginning on the mouth of Rackoon creek, in the Ten- nessee River, and down the said river to the boundary line, commonly called Cofiee's line, and along said line where it strikes Will's Creek, and down the said creek to its confluence with the Coosa river, and thence embracing the boundary line between the Cherokees and Creeks, run by Wm. Mcintosh and other Cherokee Commissioners by their respective Nations, running south eastwardly to its intersection with Chinubee's trace, and along said trace lead-

HISTORY OF THE CHEROKEH INDIANS 45

ing- castwardly by Avery Vann's place, inLiudiiig his plantation, and thence on said trace to where it crosses the Etowah river to its confluence with Oostan- nallah river, and up said river to the mouth of Aumuchee creek, and to be bounded by the first District.

3d. The third District shall be called by the name of Coosawatee, and bounded as follows: beginning- at the widow Fool's ferry, on Ooostannallan river, where the Alabama road crosses it, along said wagon road eastwardly leading towards Etowah town to a large creek above Thomas Pettit's planta- tion, near to the Sixes, and said creek, northeastward, to its source; thence a straight course to the head of Talloney creek, up which the Federal road leads, thence a straight course to the Red Bank creek, near Cartikee village; thence a straight course to the head source of Potatoe Mine creek; thence a straight course to the most southern head source of Cannasawagee river; thence a northwestern course to Cannasawgee river, to strike opposite the mouth of Sugar Creek, into the Cannasawgee river, and to be bounded by the first ann second Districts.

4th. The fourth District shall be called by the name of Amoah. and be the third District strikes the said source; thence eastwardly a straight course bounded as follows: beginning at the head source of Cannasawgee river, where to Spring Town, above Hiwassee Old Town; thence to the boundary line run by Col Houston, where it crosses Sloan creek; — thence westwardly along said line to the Hiwassee river; — thence down said river intn the Tennessee river, and down the same to the mouth of Oolatiwah creek, and to be bounded by the first and third Districts.

5th. The fifth District shall be called by the name of Hickory Log, and shall be bounded as follows: beginning at the head of Potatoe Mine Creek, on the Blue Ridge to where Cheewostoyeh path crosses said ridge, and along said path to the head branch of Frog Town creek, and down the same to its con- fluence with Tahsantee; thence down Chestotee river; thence down the same into the Chattahoochee river; and down the same to the shallow wagon ford on said river; above the standing Peach Tree; thence westward along said wag"u

road leading to Town to where it crosses Little river, a fork of the

Etowah river, and down the same to its confluence with Etowah river, and down the same in a direct course to a large Creek, and up said creek to where the road crosses it to the opposite side, and to be bounded by the third District.

6th. The sixth District shall be called by the name of Etowah, and be bounded as follows: beginning on the Chattahoochee river, at the shallow wagon ford on said river, and down the same to the Buzzard Roost, where the Creek and Cherokee boundary line intersects the said river; thence along said boundary line westward, to where it intersects Chinubees trace, and to be bounded by the fifth and third districts, leaving Thomas Pettit's family in Etowah District.

7th. The seventh District shall be called by the name of Tahquohee, and be bounded as follows: beginning where Col. Houston's boundary line crosses Slare's creek, thence along said boundary line south-eastwardly, to the Unicoy turnpike road, and along said road to where it crosses the Hiwaseo river, in the Valley Towns; thence a straight course to head source of Coosa

46 HISTORY OF THE CHEROKEE INDIANS

creek, on the Blue Ridge above Cheewostoyeh, and along said Ridge east- wardly, where the Unicoy turnpike road crosses it and thence a direct course to the head source of Persimon creek; thence down the same to the confluence of Tahsantee, and with the Frog Town creek; ar.d to be bounded by the third, the fourth and tifth Districts.

8th. The eighth District shall be called by the name of Aquohee, and be bounded as follows: beginning where the seventh District intersects the Blue Ridge, where the Unicoy turnpike road crosses the same; thence east- wardly along said ridge to the Standing Man, to Col. Houston's boundary line, thence along said line to the confluence of Nauleyalee, and Little Tennessee river; thence down the same to Tallassee village, thence along said boundary line westwardly, to where it intersects the Unicoy turnpike road; and to be bounded by the Seventh District; and that each District shall hold their re- spective Councils or Courts, on the following days:

The first Mondays in May and September, for Chicamaugee District; and on the

First Mondays in May and September for Coosewatee District; and the Second Mondays in May and September, for Amoah District; and on the First Mondays in May and September, for Hickory Log District; and the Second Mondays in May and September, for Etowah District, and on the First Mondays in May and September for Aquohee District; and on the Second Mondays in May and September, for Tauquohee District; and each of the Councils or Courts shall sit five days for the transaction of busi- ness at each term.

By order of the Committee and Council.

CHAS. R. HICHS, The above act was passed before October 25, 1820, as other acts re- lating to the officers of the several districts were passed on that and subsequent dates. Gambling and drinking were restricted by

New Town, Cherokee Nation, November 8th, 1822.

Whereas, the great variety of vices emanating from dissipation, particu- larly from intoxication and gaming at cards, which are so prevalent at all public places, the National Committee and Council, seeking the true interest and happiness of their people, have maturely taken this growing evil into their serious consideration, and being fully convinced that no nation of people can prosper and flourish, or become magnanimous in character, the basis of whose laws are not found upon virtue and justice; therefore, to suppress, as much as possible, those demoralizing habits which were introduced by foreign agency,

Resolved by the National Committee, That any person or persons, what- soever, who shall bring ardent spirits within three miles of the General Coun- cil House, or to any of the court houses within the several Districts during the general Council, or the sitting of the courts, and dispose of the same so as to hitoxicate any person or persons whatsoever, the person or persons so offend- ing, shall forfeit his or their whiskey, the same to be destroyed; and be it further

Resolved, That gaming at cards is hereby strictly forbidden, and that an\ person or persons whomsoever, who shall game at cards in the Cherokee

HISTORY OF THE CHEROKEE INDIANS 47

Nation, such person or persons, so offending, shall forfeit and pay a fine of twenty-five dollars, and further, any person or persons whatsoever, who mr.v or shall be found playing- cards at any house or camp, or in the woods within three miles of the general Council House, or any of the court houses of the several Districts during the session of the General Council, or setting of the District Courts, such person or persons, so offending, shall forfeit and pay a fine of fifty dollars each for every such offense, and that any person or persons whatsoever, who shall bring into the Cherokee Nation and dispose of playing cards, such person or persons, being convicted before any of the Judges, Mar- shals, or light horse, shall pay a fine of twenty-five dollars for every pack or cards so sold; and it shall be the duty of the several Judges, Marshals and light horse companies, to take cognizance of such offenses and to enforce the above resolution ; and

And be it further resolved. That all fines collected from persons violating the above resolution, the money so collected shall be paid into the national treasury. To take effect and be in full force from and after the first day oi January next.

By order of the National Committee.

JNO. ROSS, Pres't. N. Com. Approved— PATH KILLER (X) his mark. A. McCOV, Clerk of Com. ELIJAH HICKS, clerk of Coun'l.

Miscegenation was penalized by :

New Town, Cherokee Nation. November 11th, 1824

Resolved by the National Committee and Council, That intermarriages between negro slaves and Indians, or white, shall not be lawful, and any person or persons, permitting and approbating his, her or their negro slaves, to inter- marry with Indians or whites, he or she or they, so offending shall pay a tine of tifty dollars, one half for the benefit of the Cherokee Nation; and

Be if further resolved, That any male Indian or white man marrying a negro woman slave, he or they shall be punished with fifty-nine stripes on the bare back, and any Indian or white woman, marrying a negro man slave, shaii be punished with twenty-five stripes on her or their bare back.

By order of the National Committee.

JNO. ROSS, Pres't. N. Com. Approved — PATH KILLER 'X) his mark. A. McCOY, Clerk of Com. ELIJAH HICKS, clerk of Coun'l.

New Town, Cherokee Nation, November 11th, 1824

Resolved by the National Committee and Council, That it shall not be lawful for negro slaves to possess property in horses, cattle or hogs, and that those slaves now possessing property of that description, be required to dispose of the same in twelve months from this date, under the penalty of confiscation.

48 HISTORY OF THE CHEROKEE INDIANS

and any property so confiscated, shall be sold for the benefit of the Cherokee Nation.

I3y order of the National Committee.

JNO. ROSS, Pres't. N. Com. Approved— PATH KILLER (X) his mark. A. McCOY, clerk of Com.

Another step towards a constitution was:

For the better security of the common property of the Cherokee Nation, and for the protection of the rights and privileges of the Cherokee people, We, the undersigned members of the Committee and Council, in legislative Council convened, have established, and by these presents do hereby declare, the following articles as a fixed and irrevocable principle, by which the Cherokee Nation shall be governed. These articles may be amended or modified, by a concurrence of two-thirds of the members of the Committee and Council in legislative Council convened; viz:

ART 1st. The lands within the sovereign limits of the Cherokee nation, as defined by treaties, are, and shall be, the common property of the Nation. The improvements made thereon and in the possession of the citizens of the Nation, are the exclusive and indefeasible property of the citizens respectively who made, or may rightfully be in possession of them.

ART. 2d. The annuities arising from treaties with the U. States, and the revenue arising out of tax laws, shall be funded in the National Treasury, and be the public property of the Nation.

ART. 3d. The legislative Council of the Nation shall alone possess the legal power to manage and dispose of, in any manner by law, the public prop- erty of the Nation, Provided, nothing shall be construed in this article, so as to extend that right and power to dispossess or divest the citizens of the Na- tion of their just rights to the houses, farms and other improvements in their possession.

ART. 4th. The Principal Chiefs of the Nation shall in no wise hold any treaties, or dispose of public property in any manner, without the express authority of the legislative Council in Session.

ART. 5th. The members of Committee and Council, during the recess of the legislative Council, shall possess no authority or power to convene Councils in their respective districts, or to act officially on any matters, ex- cepting expressly authorized or delegated by the legislative Council in session.

ART. 6th. The citizens of the Nation, possessing exclusive and indefeas- ible rights to their respective improvements, as expressed in the first article, shall possess no right or power to dispose of their improvements to citizens of the United States, under such penalties, as may be prescribed by law in such cases.

ART 7th. The several courts of justice in the Nation shall have no cog- nizance of any case transpiring previous to the organization of courts by law, and which case may have been acted upon by the chiefs in council, under the then existing custom and usage of the Nation, excepting there mav be an ex- press law embracing the case.

HISTORY OF THE CHEROKEE INDIANS 49

ART 8th. The two Prhicipal Chiefs of the Nation, shall not, jointly or Separately, have the power of arresting the judgment of either of the courts or of the legal acts of the National Committee and Council, but that the judic- iary of the Nation shall be independent and their decisions final and conclusive, Provided, always, That they act in conformity to the foregoing principles or articles, and the acknowledged laws of the Nation.

Done in Legislative Council, at New Town, this l5th day of June, 182 5. JNO. ROSS. Pres't. N. Com. MAJOR RIDGE, Speaker of Council, Approved — PATH KILLER (X) his mark. New Echota was established as the capital by the four following acts:

New Town, Cherokee Nation, November 12th 1825.

Resolved by the National Committee and Council, That one hundred town lots, of one acre square, be laid off on the Oostenallah river, commencing below the mouth of the creek, nearly opposite the mouth of Caunausauga river. The public square to embrace two acres of ground, which town shall be known and called Echota; there shall be a main street of sixty feet and the other streets shall be fifty feet wide.

Be it further resolved. That the lots, when laid off, be sold to the highest bidder. The purchasers right shall merely be occupancy, and transferrable only to lawful citizens of the Cherokee Nation, and the proceeds arising from the sales of the lots shall be appropriated for the benefit of the public buildings in said town; and

Be it further resolved. That three commissioners be appointed to super intend the laying off the aforesaid lots, marking and numbering the same, and to act as chain carrier, and a surveyor to be employed to run off the lots and streets according to the plan prescribed. The lots to be commenced running off on the second Monday in February ne.\t, and all the ground lying within the following bounds, not embraced by the lots, shall remain vacant as com- mons for the convenience of the town; viz: beginning at the mouth of Caun- ausauga, and up said creek to the mouth of the dry branch to the point of the ridges, and thence in a circle round along said ridges, by the place oc- cupied by Crying Wolf, thence to the river.

JNO. ROSS, Pres't. N. Com. MAJOR RIDGE, Speaker. Approved — PATH KILLER, (.\) his mark. CH. R. HICKS. A. McCOY, clerk of Com. E. BOUDINOTT, Clerk N. Council.

New Town, Cherokee Nation, November 12th. 1825

Judge Martin, George Saunders and Waller S. .A.dair, are elected com- missioners to superintend the laying off the lots in the town of Echota.

By order. JNO. ROSS, Pres't N. Com.

A. McCOY, clerk of Com.

50 HISTORY OF THE CHEROKEE INDIANS

Echota, Cherokee Nation, November 12th. 1825.

The subject of improvements made, and now occupied by individuals, on the public ground selected for the jurisdiction of the town of Echota, have been taken up by the National Committee. The question arising- is, whether the Nation is bound to pay for any such improvements made by individuals since the site has been selected by the Nation for the establishment of a town as the seat of government. The decision of the Committee on this question is, that the Nation is not bound to make compensation for any such improvements, but in order to extend indulgence toward Alex. McCoy and E. Hicks, who are now within said bounds, and are in possession of dwelling houses of some value, it is hereby agreed and

Resolved by the National Committee and Council, That should the dwell- ing houses of the aforesaid McCoy and Hicks fall with lots which are to be laid off, they shall have the preference of occupancy to said lots. Provided they pay for the same at the rate which any other lot of equal value and advantageously situated may sell for; it is further agreed and admitted, that the improvement lately occupied by War Club, and the one now in the possession of Crying Wolf shall be paid for at the public expense; agreeably to the valuation made by W. Hicks, Geo. Saunders and Jos. Crutchfield.

JNO. ROSS, Pres't. N. Com. MAJOR RIDGE, Speaker. Approved— PATH KILLER (X) his mark. CH. R. HICKS. A. McCOY, clerk Com. E. BOUDINOTT, Clerk N. Council.

Echota, Cherokee Nation, November 14th, 1825.

Alexander McCoy is hereby authorized and permitted to cultivate and raise a crop the ensuing year, in the field lying on the river below the ferry, and also the one lately owned by the War Club, on the river below the mouth ot the spring branch, which improvements belong to the public, and lie within the town of Echota; Provided, said McCoy does not suffer the stakes to be re- moved which are to separate the town lots, to be laid off in said fields, and that said McCoy surrender possession of those fields to the public on or before the second Monday in October next.

JNO. ROSS, Pres't. N. Com. MAJOR RIDGE, Speaker. Approved— PATH KILLER (X) his mark. CH. R. HICKS. A. McCOY, clerk Com. E. BOUDINOTT, clerk Coun'l.

Provisions were made for the selection of delegates for a constitutional convention by:

Whereas, the General Council of the Cherokee Nation, now in session. havmg taken into consideration the subject of adopting a constitution for the future Government of said Nation, and after mature deliberation, it is deemed expedient that a Convention be called, and in order that the wishes of the pec-

HISTORY OF THE CHEROKEE INDIANS 51

pie of the several Districts may be fairly represented on this all important sub- ject,

It is hereby resolved by the National Committee and Council, That the persons hereinafter named be, and they are hereby nominated and recom- mended to the people of their respective districts as candidates to run an election for seals in the Convention; and three out of the ten in each District who shall get the highest number of votes shall be elected; and for the con- venience of the people in giving- their votes, three precincts in each District are selected, and superintendents and clerks to the election are chosen; and no person but a free male citizen who is full grown shall be entitled to a vote; and each voter shall be entitled to vote for three of the candidates herein nominated in their respective Districts, and no vote by proxy shall be admitted; and that all the votes shall be given in viva voce; and in case of death, sickness or other incident which may occur to prevent all or any of the superintendents from attending at the several precincts to which they are chosen, the people of the respective precincts shall make a selection to fill such vacancies. And in case of similar incident occurring to any of the members elect, the person receiving the next highest number of votes shall supply the vacancy.

In Chicamauga District, John Ross, Richard Taylor, John Baldridge, Jas Brown, Sleeping Rabbit, John Benge, Nathaniel Hicks, Sicketowee, Jas. Starr and Daniel McCoy, are nominated and recommended as candidates; and the election in the first precinct shall be held at or near Hick's mill, and Charles R. Hicks, and Archibald Fields, are chosen superintendents, and Leonard Hicks, clerk. The election in the second precinct shall be held at or near Hunter Langley's in Lookout Valley, and James Lowrey and Robert Vann are chosen superintendents, and John Candy, clerk. The election in the third precinct shall be held in the Court House, and Joseph Coodey and William S. Coodey, are chosen superintendents and Robert Fields, Clerk.

In Chattanooga District, George Lowrey, Samuel Gunter, Andrew Ross, David Vann, David Brown, Spirit, The Bark, Salecooke, Edward Gunter and John Brown, are nominated and recommended as candidates; and the election in the first precinct in this District shall be held at or near Edward Gunter': school house in Creek Path valley, and Alexander Gilhreath and Dempsey Fields are chosen superintendents, and John Gunter, clerk. The election in the second precinct shall be held at or near Laugh at Mush's house, in Wills valley, and William Chamberlin and Martin Mcintosh are chosen superintend- ents and George Lowrey, Jr., clerk. The election in the third precinct shall De held at the court house, and Charles Vann and James M'lntosh are chosen superintendents, and Thomas Wilson, clerk.

In Coosawaytee District, John Martin, W. S. Adair, Elias Boudinott, Jo- seph Vann, John Ridge, William Hicks, Elijah Hicks, John Saunders, Kele- chulah and Alex McCoy, are nominated and recommended as candidates. The election in the first precinct in this District shall be held at or near William Hick's house on Ooukillokee creek, and Edward Adair and G. W. Adair are chosen superintendents and Stand Watie, clerk. The election in the second

52 HISTORY OF THE CHEROKEE INDIANS

precinct shall be held at Elechaye, and George Saunders and Robert Saunders, are chosen superintendents, and James Saunders, clerk. The election in the third precinct shall be held at the court house, and George Harlin and William Thompson are chosen superintendents, and Jos. M. Lynch, clerk

In Amohee District, The Hair, Lewis Ross, Thos. Foreman, John Walker, Jr., Going Snake, George Fields, James Bigbey, Deer-in-water, John M'Intosh, and Thomas Fields are nominated and recommended as candidates. The elec- tion in the first precinct in this District shall be held at or near Kalso wee's house at Long Savannah, and Wm. Blythe and John Fields, are chosen superin tendents and Ezekiel Fields, clerk. The election in the second precinct shall be held at or near Bridge Maker's house, at Ahmohee Town, and Ezekiel Starr and Michael Helterbrand, are chosen superintendents, and James M'Nair, clerk. The election in the third precinct shall be held at the court house, and David M'Nair and James M 'Daniel, are chosen superintendents and T. W. Ross, clerk.

In Hickory Log District, James Daniel, George Still, Woman Killer, Robert Rogers, Moses Harris, John Duncan, Moses Downing, George Ward, Tahquoh, and Sam Downing, are nominated and recommended as candidates. The election in the first precinct in this District, shall be held at or near George Welch's house, at the Cross Roads, and A. Hutson and E. Duncan, are chosen superintendents, and Joshua Buffington, Clerk. The election in the second precinct shall be held at or near Big Savannah, and John Downing and E. M'Laughlin, are chosen superintendents, and John Daniel, clerk. The elec- tion in the third precinct shall be held at the court house, and John Wright and Ellis Harlin, are chosen superintendents, and Moses Daniel, clerk.

In Hightower District, George M. Waters, Joseph Vann, Alexander Saun ders, John Beamer, Walking Stick. Richard Rowe, The Feather, Old Field. Te-nah-la-wee-stah, and Thomas Pettit, are nominated and recommended as candidates. The election in the first precinct in this District shall be held at or near the Old Turkey's house, and Tahchi-see and John Harris, are chosen superintendents, and John Sanders, clerk. The election in the third precinct shall be held at th^ court house. ;ind Charles Moore and W. Thompson, are chosen superintendents, and Joseph Phillips, clerk

In Tahquohee District, Chuwalookee, George Owen, Too-nah-na-lah, Wm. Bowlin, Chips, Ooclen-not-tah. Soo-wa-keee, Sour John, The Tough, and Charles, are nominated and recommended as candidates. The election in the first precinct in this District, shall be held at or near Nahtahyalee, and A. M' Daniel and Metoy, are chosen superintendents, and Thomas, clerk. The elec- tion in the second precinct shall be held at or near The Spirit's house, and Benjamin Timson and Edward Timson, are chosen superintendents, and J. D. Wofford, clerk.

In Aquohee District, Sitewake, Bald Town George, Richard Walker, John Timson, Allbone, Robin, (Judge Walker's son-in-law) Ahtoheeskee, Kunsenee, Samuel Ward, and KalkaHoskee, are nominated and recommended as candi- dates.^ The election in the first precinct in this District, shall be held at or near Tasquittee, and Thompson and Dick Downin?;, are chosen superintend- ents, and William Reid, clerk. The election in the second precinct shall be held at or near Samuel Ward's house, and Isaac Tucker and John Bighead,

HISTORY OF THE CHEROKEE INDIANS 53

are chosen superintendents, and David England, clerk. The election at the third precinct shall be held at the court house, and Whirlwind and Bear Con- jurer, are chosen superintendents, and Rev. E. Jones, clerk.

Be it further resolved, That the election at the several places herein se- lected for each District, shall be held on the Saturday previous to the com- mencement of the Courts for May Term next, and a return of all the votes o'iven shall be made to the superintendents of the election at the court house on the Monday following, being the first day of court, with a certificate of the polls, signed by the superintendents and clerks, and after all the votes being collected and rendered in, the three candidates having the highest number of votes shall be duly elected, and the superintendents and clerks at the court house, shall give to each of the members elected a certificate. And in case there shall be an equal number of votes between any of the third candidates, the members of the Convention shall give them the casting vote, and that the superintendents shall, before entering upon their duties, take an oath for the faithful performance of their trusts: and that the members so elected shall, on the 4th day of July next, meet at Echota and form a convention, and proceed to adopt a Constitution for the Government of the Cherokee Nation.

Be it further resolved, That the principles which shall be established in the Constitution, to be adopted by the Convention, shall not in any degree go to destroy the rights and liberties of the free citizens of this Nation, nor to effect or impair the fundamental principles and laws, by which the Nation is now governed, and that the General Council to be convened jn the fall of 1827 shall be held under the present existing authorities; Provided neverthe- less, that nothing shall be so construed in this last clause so as to invalidate or prevent the Constitution, adopted by the Convention, from going into effect after the aforesaid next General Council.

New Echota, l3th October, 1826.

JNO. ROSS, Pres't. N. Com. MAJOR RIDGE, Speaker. Approved— PATH KILLER (X) his mark.

HISTORY OF THE CHEROKEE INDIANS

From au old painting

HISTORY OF THE CHEROKEE INDIANS 55

CHAPTER III

Convention of Delegates, Constitution is Adopted

The elected delegates met and formed the following constitution:

CONSTITUTION OF THE CHEROKEE NATION

Formed by a Convention of Delegates From the Several Districts, at New

Echota, July, 1827

We, the Representatives of the people of the Cherokee Nation, in Con- vention assembled, in order to establish justice, ensure tranquility, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty; acknowledging with humility and gratitude the goodness of the sover- eign 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.

Article 1. — Sec. 1. — The boundaries of this Nation, embracing the lands solemnly guaranteed and reserved forever to the Cherokee Nation by the Treaties concluded with the United States, are as follows, and shall forever hereafter remain unalterably the same, to-wit:

Beginning on ihe north bank of Tennessee river at the upper part of the Chickasaw old field, thence along the main channel of said river, including all the islands therein, to the mouth of the Hiwassee river, thence up the main channel of said river, including islands, to the first hill which closes in on said river about two miles above Hiwassee Old Town, thence along the ridge which divides the waters of the Hiwassee and Little Tillico, to the Tennesse river at Tallassee, thence along the main channel, including islands, 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 a straight line to the main source of the Chestatee, thence along its main channel, including islands, to the Chattahoochy, and thence down the same to the Creek boundary at Buzzard Roost, thence along the boundary line which separates this and the Creek Nation, to a point on the Coosa river opposite the mouth of Wills Creek, thence down along the south bank of the same to a point opposite Fort Strother, thence up the river to the mouth of Wills Creek, thence up along the east bank of said creek to the west branch thereof, and up the same to its source, and thence along the ridge which separates the Tombeccee and Tennessee waters to a point on the top of said ridge, thence due north to Camp Coffee on Tennessee river, which is opposite the Chickasaw Island, thence to the place of beginning.

Sec. 2 — The sovereignty and Jurisdiction of this Government shall ex- tend over the country within the boundaries above described, and the lands therein are, and shall remain, the common property of the Nation; but the im- provements made thereon, and in the possession of the citizens of the Nation, are the exclusive and indefeasible property of the citizens respectively who made; or may rightfully be in possession of them; Provided ,that the citizens of the Nation, possessing exclusive and indefeasible right to their respective

56 HISTORY OF THE CHEROKEE INDIANS

improvements, as expressed in this article, shall possess no right nor power to dispose of their improvements in any manner whatever to the United States, rndividual states, nor individual citizens thereof; and that whenever any such citizen or citizens shall remove with their effects out of the limits of this Nation, and become citizens of any other Goverment, all their rights and privileges as citizens of this Nation shall cease; Provided nevertheless. That the Legislat- ure shall have power to re-admit by law to all the rights of citizenship, any such person or persons, who may at any time desire to return to the Nation on their memorializing the General Council for such readmission. Moreover, the Legislature shall have power to adopt such laws and regulations, as its wisdom may deem expedient and proper, to prevent the citizens from monopolizing improvements with the view of speculation.

Article 11. — Sec. 1. — The power of this government shall be divided into three distinct departments; the Legislative, the Executive, and Judicial.

Sec. 2 — No person or persons belonging to one of these Departments shall exercise any of the powers properly belonging to either of the others, ex- cept in the cases hereinafter expressly directed or permitted.

ARTICLE III — Sec. 1. — The Legislative power shall be vested in two distinct branches; a Committee and a Council, each to have a negative on the other, and both to be styled the General Council of the Cherokee Nation; and the style of their acts and laws shall be.

"Resolved by the Committee and Council, in General Council convened.'

Sec. 2. The Cherokee Nation, as laid off into eight Districts, shall so remain.

Sec. 3 — The Committee shall consist of two members from each District, and the Council shall consist of three members from each District, to be chosen by the qualified electors of their respective Districts, for two years; and the elections to be held in every District on the First JMonday in August for the year 1828, and every succeeding two years thereafter; and the General Coun- cil shall be held once a year, to be convened on the second Monday of October in each year, at New Echota.

Sec. 4 — No perosn shall be eligible to a seat in the General Council, but a free Cherokee male citizen, who shall have attained the age of twenty-five years. The descendants of Cherokee men by all free women, except the African race, whose parents may have been living together as man and wife, according to the customs and laws of this Nation, shall be entitled to all the rights and privileges of this nation, as well as the posterity of Cherokee women by all free men. No person who is of negro or mulatto parentage, either by the father or mother side, shall be eligible to hold any office of profit, honor or trust under this Government.

Sec. 5— The electors and members of the General Council shall, in ail cases except those of treason, felony, or breach of the peace, be privileged from arrest during their attendance at election, and at the General Council, and m going to, and returning from the same.

Sec. 6— In all elections by the people, the electors shall vote viva voce. Electors for members to the General Council for 1828, shall be held at the

HISTORY OF THE CHEROKEE INDIANS 57

places of holding; the several courts, and at the other two precincts in each District which are designated by the law under which the members of this Convention were elected; and the District Judges shall superintend the elec- tions within the pricincts of their respective Court Houses, and the Marshals and Sheriffs shall superintend within the precincts which may be assigned them by the Circuit Judges of their respective Districts, together with one other per- son who shall be appointed by the Circuit Judges for each precinct within their respective Districts; and the Circuit Judges shall also appoint a clerk to each precinct. — The superintendents and clerks shall, on the Wednesday morning- succeeding the election, assemble at their respective Court Houses and proceed to examine and ascertain the true state of the polls, and shall issue to each member, duly elected, a certificate, and also make an official return of the state of the polls of election to the Principal Chief, and it shall be the duty of the Sheriffs to deliver the same to the Executive; Provided nevertheless, The General Council shall have power after the election of 1828, to regulate by law the precincts and superintendents and clerks of elections in the several Dis- tircts.

Sec. 7. — All free male citizens, (excepting negroes and descendants of white and Indian men by negro women who may have been set free,) who shall have attained to the age of eighteen years, shall be equally entitled t>» vote at all public elections.

Sec. 8. — Each house of the General Council shall judge of the qualifica- tions and returns of its own members.

Sec. 9 — Each house of the General Council may determ'ine the rules of its proceedings, punish a member for disorderly behavior, and with the con- currence of two thirds, expel a member; but not a second time for the same cause.

Sec. 10 — Each house of the General Council, when assembled shall choose its own officers; a majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalty as each house may prescribe.

Sec. 1 1. — The members of the Committee shall each receive from the public Treasury a compensation for their services which shall be two dollars and fifty cents per day during their attendance at the General Council; and the members of the Council shall each receive two dollars per day for their services during their attendance at the General Council: — Provided, that the same may be increased or diminished by law, but no alteration shall make et^ect during the period of service of the members of the General Council, by whom such alteration shall have been made.

Sec. 12. — The General Council shall regulate by law, by whom and in what manner, writs of elections shall be issued to till the vacancies which may happen in either branch thereof.

Sec. 13. — Each member of the General Council before he takes his seat shall take the following oath or affirmation, to-wit :

"1, A. B., do solemnly swear, (or affirm, as the case may be,) that 1

58 HISTORY OF THE CHEROKEE INDIANS

have not obtained my election by bribery, treats or any undue and unlawful means used by myself, or others by my desire or approbation, for that pur- pose; that I consider myself constitutionally qualified as a member of and that, on all questions and measures which may come before me, I will so give my vote, and so conduct myself, as may in my judgment, appear most conducive to the interest and prosperity of this Nation; and that 1 will bear true faith and allegiance to the same; and to the utmost of my ability and power observe, conform to, support and defend the Constitution thereof."

Sec. 14. — No person who may be convicted of felony before any court of this Nation, shall be eligible to any office or appointment of honor, protit or trust within this Nation.

Sec. 15. — The General Council shall have power to make all laws and regulations, which they shall deem necessary and proper for the good of the Nation, which shall not be contrary to this Constitution.

Sec. 16. — It shall be the duty of the General Council to pass such laws as may be necessary and proper, to decide differences by arbitrators to be ap- pointed by the parties, who may choose that summary mode of adjustment.

Sec. 17. — No power of suspending the laws of this Nation shall be ex- ercised, unless by the Legislature or its authority.

Sec. 1 8. — No retrospective law, nor any law, impairing the obligations of contracts shall be passed.

Sec. 19. — The legislature shall have power to make laws for laying and collecting taxes, for the purpose of raising a revenue.

Sec. 20. — All bills making appropriations shall originate in the Com- mittee, hut the Council may propose amendments or reject the same.

Sec. 21. — All other bills may originate in either house, subject to the concurrence of rejection of the other.

Sec. 22. — All acknowledged Treaties shall be the Supreme law of the land.

Sec. 2 3. — The Genera! Council shall have the sole power of deciding on the construction of all Treaty stipulations.

Sec. 24. — The Council shall have the sole power of impeaching.

Sec. 25. — Any impeachments shall be tried by the Committee; — when sitting for that purpose, the members shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two thirds of the members present.

Sec. 26. — The Principal Chief, assistant principal Chief, and all civil officers, under this Nation, shall be liable to impeachment for any misdemean- or in office, but Judgment, in such cases, shall not extend further than re- moval from office, and disqualification to hold any office of honor, trust or profit, under this Nation. The party whether convicted or acquitted, shall nevertheless, be liable to indictment, trial, judgment and punishment, accord- ing to law.

ARTICLE IV.— Sec. 1. The Supreme Executive Power of this Nation shall be vested in a Principal Chief, who shall be chosen by the General Coun- cil, and shall hold his office four years; to be elected as follows,— The General

HISTORY OF THE CHEROKEE INDIANS 59

Council by a joint vote, shall, at their second annual session, after the rising of this Convention, and at every fourth annual session thereafter, on the second day after the House shall be organized, and competent to proceed to business, elect a Principal Chief.

Sec. 2. — No person, except a natural born citizen, shall be eligible to the office of Principal Chief; neither shall any person be eligible to that of- fice, who shall not have attained to the age of thirty-five years.

Sec. 3. — There shall also be chosen at the same time, by the General Council, in the same manner for four years, an assistant Principal Chief.

Sec. 4. — In case of the removal of the Principal Chief from office, or his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the assistant principal Chief, until the inabil- ity be removed, or "the vacancy filled by the General Council.

Sec. 5. — The General Council may, by law, provide for the case of re- moval, death, resignation or inability of both the Principal and assistant Prin- cipal Chiefs, declaring what officer shall then act as Principal Chief, until the disability be removed, or a Principal Chief shall be elected.

Sec. 6. — The Principal Chief, shall, at stated times, receive for their ser- vices,— a compensation — which shall neither be increased nor diminished dur- ing the period for which they shall have been elected; and they shall not re ceive, within that period, any other emolument from the Cherokee Nation, or any other government.

Sec. 7. — Before the Principal Chief enters on the execution of his office, he shall take the following oath, or affirmation; "1 do solemnly swear (or af- firm) that 1 will faithfully execute the office of Principal Chief of the Chero- kee Nation, and will; to the best of my ability, preserve, protect and defend, the Constitution of the Cherokee Nation."

Sec. 8. — He may, on extraordinary occasions, convene the General Council at the Seat of Government.

Sec. 9. — He shall from time to time give to the General Council infor- mation of the State of the Government, and recommend to their considera- tion such measures as he may think expedient.

Sec. 10. — He shall take care that the laws be faithfully executed.

Sec. 1 1. — It shall be his duty to visit the different districts, at least once in two years, to inform himself of the general condition of the Country.

Sec. 12. — The assistant Principal Chief shall, by virtue of his office, aid and advise the Principal Chief in the Administration of the Government, at all times during his continuance in office.

Sec. 13. — Vacancies that may happen in offices, the appointment of which is vested in the General Council, shall be filled by the Principal Chief, during the recess of the General Council, by granting Commissions which shall expire at the end of the Session.

Sec. 14. — Every Bill which shall have passed both Houses of the Gen- eral Council, shall, before it becomes a law, be presented to the Principal Chief of the Cherokee Nation. If he approves, he shall sign it, but if not, he

60 HISTORY OF THE CHEROKEE INDIANS

shall return it, with his objections, to that house in which it shall have origin- ated, who shall enter the objections at large on their journals, and proceed to reconsider it. If, after such reconsideration, two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. If any bill shall not be re- turned by the Principal Chief within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he signed it; unless the General Council by their adjournment prevent its return, in which case it shall be a law, unless sent back within three days after their next meeting.

Sec. 15. — Members of the General Council and all oftlcers. Executive and Judicial, shall be bound by oath to support the Constitution of this Na- tion, and to perform the duties of their respective offices with fidelity.

Sec. 16. — In case of disagreement between the two houses with respect to the time of adjournment, the Principal Chief shall have the power to ad- journ the General Council to such a time as he thinks proper, provided, it be not to a period beyond the next Constitutional meeting of the same.

Sec. 1 7. — The Principal Chief shall, during the sitting of the General Council, attend to the Seat of Government.

Sec. 18. — There shall be a Council to consist of three men to be ap- pointed by the joint vote of both Houses, to advise the Principal Chief in the Executive part of the Government, whom the Principal Chief shall have full power, at his descretion, to assemble; and he, together with the assistant Principal Chief, and the Counsellors, or a majority of them may, from time to time, hold and keep a Council for ordering and directing the atfairs of the Nation according to law.

Sec. 10. — The members of the Council shall be chosen for the term of one year.

Sec. 20. — The resolutions and advice of the Council shall be recorded in a register and signed by the members agreeing thereto, which may be call- ed for by either house of the General Council; and any counsellor may enter his dissent to the resolution of the majority.

Sec. 2 1. — The Treasurer of the Cherokee Nation shall be chosen by the joint vote of both Houses of the General Council for the term of two years.

Sec. 22. — The Treasurer shall, before entering on the duties of his office, give bond to the Nation with sureties to the satisfaction of the Legis- lature, for the faithful discharge of his trust.

Sec. 2 3. — No money shall be drawn from the Treasury, but by warrant from the Principal Chief, and in consequence of appropriations made by law.

Sec. 25.— It shall be the duty of the Treasurer to receive all public monies, and to make a regular statement and account of the receipts and ex- penditures of all public monies at the annual Session of the General Council.

ARTICLE v.— Sec. 1.— The Judicial Powers shall be vested in a Su- preme Court, and such Circuit and Inferior Courts, as the General Council

HISTORY OF THE CHEROKEE INDIANS 61

may, from time to time ordain and establish.

Sec. 2. — The Supreme Court shall consist of three Judges, any two of whom shall be a quorum.

Sec. 3. — The Judges of each shall hold their Commissions for four years, but any of them may be removed from office on the address of two thirds of each house of the General Council to the Principal Chief, for that purpose.

Sec. 4. — The Judges of the Supreme and Circuit Courts shall, at stated times, receive a compensation, which shall not be diminished during their con- tinuance in office, but they shall receive no fees or perquisites of oftice, nor hold any other office of profit or any other power.

Sec. 5. — No person shall be appointed a Judge of any of the Courts be- fore he shall have attained to the age of thirty years, nor shall any person continue to execute the duties of any of the said offices after he shall have attained to the age of seventy years.

Sec. 6. — The Judges of the Supreme and Circuit Courts shall be appoint- ed by a joint vote of both houses of the General Council.

Sc. 7. — There shall be appointed in each District, under the Legislative authority, as many Justices of the Peace as it may be deemed the public good requires, whose powers, duties and duration in office, shall be clearly desig- nated.

Sec. 8. — The Judges of the Supreme Court and Circuit Courts shall have complete criminal Jurisdiction in such cases and in such manner as may be pointed out by law.

Sec. 9. — Each Court shall choose its own Clerks for the term of four years; but such Clerks shall not continue in oftice unless their qualifications shall be adjudged and approved of by the Judges of the Supreme Court, and they shall be removable for breach of good behaviour at any time, by the Judges of their respective courts.

Sec. 10. — No Judge shall sit on trial of any cause, where the parties shall be connected with him by atfinity or consanguinity, except by consent of the parties. In case all the Judges of the Supreme Court shall be inter- ested in the event of any cause, or related to all, or either of the parties, the Legislature may provide by law for the selection of three men of good char- acter and knowledge, for the determination thereof, who shall be especially commissioned by the Principal Chief for the case.

Sec. 1 1. — .All writs and other process shall run in the name of the Chero- kee Nation, and bear test, and be signed by the respective clerks.

Sec. 12. — Indictments shall Cduclude, ''against the peace imd dignity of the Cherokee Nation."

Sec. 1 1. — The Supreme Court shall hold its session annually at the seat of Government to be convened on the second MoTiday of October in each year.

Sec. 14. — In all criminal prosecutions, the accused shall have the right of being heard, of demanding the nature and cause of the accusation against him, of meeting the witnesses face to face, of having compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or infor-

62 HISTORY OF THE CHEROKEE INDIANS

mation, a speedy public trial by an impartial jury of the vicinage; nor shall he be compelled to give evidence against himself.

Sec. 15.— The people shall be secure in their persons, houses, papers and possessions, from unreasonable seizures and searches, and no warrants to search any place or to seize any person or things, shall be issued without des- cribing them as nearly as may be, nor without good cause, supported by oath, or afi'irmation. All prisoners shall be bailable by sufficient security unless for capital offenses, where the proof is evident, or presumption great.

ARTICLE VI. — Sec. 1. — Whereas, the ministers of the Gospel are, by their profession, dedicated to the service of God and the care of souls, and ought not to be diverted from the great duty of their function, therefore, no minister of the Gospel, or public preacher of any religious persuasion, whilst he continues in the exercise of his pastoral functions, shall be eligible to the office of Principal Chief, or a seat in either house of the General Council.

Sec. 2. — No person who denies the being of a God, or a future state of rewards and punishment, shall hold any office in the civil department of this Nation.

Sec. 3. — The free exercise of religious worship, and serving God without distinction shall forever be allowed within this Nation; Provided, That this lib- erty of conscience shall not be so constructed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this Nation.

Sec. 4. — Whenever the General Council shall determine the expediency of appointing delegates or other Agents for the purpose of transacting business with the Government of the United States; the power to recommend, and by the advice and consent of the Committee, shall appoint and commission such delegates or public agents accordingly, and all matters of interest touching the rights of the citizens of this Nation, which may require the attention of the government of the United States, the Principal Chief shall keep up a friendly correspondence with that Government, through the medium of its proper of- ficers.

Sec. 5. — All commissions shall be in the name and by the authority of the Cherokee Nation, and be sealed with the seal of the Nation, and signed by the Principal Chief.

The Principal Chief shall make use of his private seal until a National seal shall be provided.

Sec. 6. — A Sheritl" shall be elected in each District by the qualified elec- tors thereof, who shall hold his office for the term of two years, unless sooner removed. Should a vacancy occur subsequent to an election, it shall be fill- ed by the Principal Chief as in other cases, and the person so appointed shall continue in office until the next general election, when such vacancy shall he filled by the qualified electors, and the Sheriff then elected shall continue in office for two years.

Sec. 7. — There shall be a Marshal appointed by a joint vote of both houses of the General Council, for the term of four years, whose compensation and duties shall be regulated by law, and whose jurisdiction shall extend over the Cherokee Nation.

HISTORY OF THE CHEROKEE INDIANS 63

Sec. 8. — No person shall for the same offense be twice put in jeopardy of life or limb, nor shall any person's property be taken or applied to public use without his consent; Provided, That nothing in this clause shall be so con- strued as to impair the right and power of the General Council to lay and col- lect taxes. All courts shall be open, and every person for an injury done him in his property, person or reputation, shall have remedy by due course of law.

Sec. 9 — The right of trial by jury shall remain inviolate.

Sec. 10 — Religion, morality and knowledge being necessary to good gov- ernment, the preservation of Liberty, and the happiness of mankind, schools and the means of education shall forever be encouraged in this Nation.

Sec. 1 ! — The appointment of all officers, not otherwise directed by this Constitution shall be vested in the Legislature.

Sec. 1 2 — All laws in force in this nation at the passing of this Con- stitution, shall so continue until altered or repealed by the Legislature, ex- cept where they are temporary, in which case they shall expire at the times respectively limited for their duration; if not continued by an act of the Legislature.

Sec. 13 — The General Council may at any time propose such amend- ments to this Constitution as two-thirds of each house shall deem exped- ient; and the Principal Chief shall issue a proclamation, directing all the civil officers of the several Districts to promulgate the same as extensively as possible within their respective Districts, at least nine months previous to the next general election, and if at the first session of the General Council after such general election, two thirds of each house shall, by yeas and nays, ratify such proposed amendments they shall be valid to all intents and pur- poses, as part of the Constitution; Provided, That such proposed amend- ments shall be read on three several days, in each house as well when the same are proposed as when they are ratified.

Done in Convention at New Echota, this twenty-sixth day of July, in the year of our Lord, one thousand eight hundred and twenty-seven; In tes- timony whereof, we hae each of us, hereunto subscribed our names.

JNO. ROSS, Pres't Con.

Jno. Baldrige, Geo. Lowrey, Jno. Brown, Edward Gunter, John Martin, Joseph Vann, Kelechulee, Lewis Ross, Thomas Foreman, Hair Conrad, James Daniel, John Duncan, Joseph Vann, Thomas Petitt John Beamer, Ooclenota, Wm. Boling, John Timson, Situwaukee, Richard Walker,

A. McCOY, Sec'y to Con.

The emigration of Cherokees to Arkansas met with strenuous objections as may be evidenced by the following acts of council:

"Resolved by the National Committee and Council, That any person or persons, whatsoever, who shall choose to emigrate to the Arkansas country, and shall sell the possessions he or they may be in possession of, to any person or persons whatsoever, he or they, so disposing of their improve- ments shall forfeit and pay unto the Cherokee Nation the sum of one hundred and fifty dollars; and be it further

"Resolved, That any person or persons whatsoever, who shall purchase

64 HISTORY OF THE CHEROKEE INDIANS

any improvements from any person or persons so emigrating, lie or they, so offending shall also forfeit and pay a fine of one hundred and fifty dollars to the Nation, to he collected by the marshal of the district. By order or the National Committee.

JONH ROSS, Pres. National Committee. ALEXANDER McCOY, Clerk National Committee. Approved: October 2 7th, 1821. His

PATH X KILLER. Mark Chas. R. Hicks, t

Resolved by the National Committee and Council, in General Council Convened, That from and after the passage of this act, if any citizen of the Nation shall bind themselves by enrollment or otherwise as emigrants to Arkansas, or for the purpose of removing out of the jurisdictional limits of the Nation, he, she or they so enrolling or binding themselves, shall forfeit thereby all the rights and privileges he, she or they may have previously thereto claimed or enjoyed as citizens of this Nation and shall be viewed in the same light as others not entitled to citizenship, and treated accord- ingly.

Be it further resolved, That if any person or persons, citizens of this Nation, shall sell or dispose of his, her or their improvements to any person or persons so enrolled or otherwise bound as above mentioned, he, she or they, shall he viewed as having disposed of his, her or their improvements to a citizen of the United Slates, and shall be ineligible to hold any office of honor, profit or trust in this Nation, and upon conviction thereof, before any of the circuit courts of the several districts, be fined in a sum not less than one thousand dollars, nor exceeding two thousand dollars, and be pun- ished with one hundred lashes.

Be it further resolved. In order to prevent any person from screening him, her or them from the penalties above prescribed by pretending to have sold or disposed of his, her or their improvements to a lawful citizen ana not an emigrant, all citizens of this Nation who may hereafter buy, sell or dispose of in any manner their improvements to each other, be, and they are hereby required, the disposer as well as the purchaser of such improve- ments, to make affidavit, to be filed in the clerk's office of the district, before any of the District Judges of Clerks of the several courts, that he, she or they did not dispose of or transfer, purchase or obtain any improvement for the purpose ot having it valued by the United States commissioners or agents, or were not acting as agents or emigrants in making such purchase or transfer, and in case any such person or persons shall fail to comply with this requirement, such person or persons shall, upon conviction before any of the Circuit Courts of the Nation, pay a tine of not less than one dollar, nor exceeding two hundred dollars, for every offense so committed.

Be it further resolved, That if any citizen or citizens of this Nation shall dispose of or transfer his, her or their improvements without complying

HISTORY OF THE CHEROKEE INDIANS 65

with the requirements of the third section nf tliis act, and the person or per- sons to wiioni tlie sale or transfer of sucii improvements may he made, should thereafter hy enrollment or otherwise iiecome an emigrant or emij^rants, and shall j^et said improvement or improvements valued by the agents of the General Government, within thirty days after such purchase or transfer shall have been made, or at any time whilst the disposer continues to remain in possession of the same, then, in that case, the person or persons who may have so disposed i)f or transferred the improvements as aforesaid shall be subject to the same penalty prescribed in the second section of this act, for disposing of improvements to emigrants.

Be it further resolved, That any person or persons, whosoever, who have bound themselves together by enrollment or otherwise as emigrants un- der the treaty of 1828, with the Arkansas Cherokees, or who have had, or inten.d to have their improvements valued by the agents of the General Government, and do not remove out of the jurisdictional limits of this Nation withi 1 fifteen days after the passage of this act, they shall be viewed and treat 'd as intruders in the same manner as those who may become emigrants heri ifter.

Be it further Resolved, That the Principal Chief of the Nation be, and he is hereby authorized, by and with the advice of the executive councillor'^, to order the aprehension of any intruders within the limits of the Nation, to be delivered over to the agents of the United States for the Cherokees, tj be prosecuted under the intercourse laws of the United Stales, or to expel or punish them as they please.

Approved: JOHN ROSS, Principal Chief, Cherokee Nation.

New Echota, Octoger 3 1, 1820.

Encroachments on the Cherokee Nation in Arkansas were increasingly troublesome and on May 28, 1828 the following treaty was made by the delegation at Washington:

HISTORY OF THE CHEROKEE INDIANS

WILLIAM P. ROSS

Chief, August, 18<)6, to Novombi Xoveinlier 11, 1>

to Xoveiiibei-, ISTo

HISTORY OF THE CHEROKEE INDIANS 67

CHAPTER IV

Proclamation Man 28, 1828

TREATY WITH THE WESTERN CHEROKEE, 1828.

May 6, 1828. 7 Stat. 311. Proclamation, May 28, 1828. Articles uf a Convention, concluded at the City of Washington this sixth day of May, in the year of our Lord one thousand eight hundred and twenty-eight, between James Barbour, Secretary of War, being especially authorized therefor bv the President of the United States, and the undersigned, Chiefs and Head Men of the Cherokee Nation of Indians, West of the Mississippi, they being dulv authorized and empowered by their Nation.

Object of the Treaty. Whereas, it being the anxious desire of the Gov- ernment of the United States to secure to the Cherokee nation of Indians, as well as those now living within the limits of the Territory of Arkansas, as those of their friends and brothers who reside in Stales East of the Mississippi, and who may wish to join their brothers of the West, a permanent home, and which shall, under the most solemn guarantee of the United States, be, and remain, theirs forever — a home that shall never, in all future time, be embar- rassed by having extended around it lines, or placed over it the jurisdiction of a Territory or State, nor be pressed upon by the extension, in any way, of an.y of the limits of any existing Territory or State; and. Whereas, the present locatinn of the Cherokees in Arkansas being unfavorable to their present re- pose, and tending, as the past demonstrates, to their future degradation ana misery; and the Cherokees being anxious to avoid such consequences, and yet not questioning their light to their lands in Arkansas, as secured to them by Treaty, and resting also upon the pledges given them by the President of the United States, and the Secretary of War, of March 1818, and 8th October, iBll, in ret;ard to the outlet to the West, and as may be seen on referring to the records of the War Department, still being anxious to secure a permanent home, and to free themselves, and their posterity, from an embarrassing. con- nection with the Territory of Arkansas, and guard themselves from such con- nections in future; and. Whereas, it being important, not to the Cherokees only, but also to the Choctaws, and in regard also to the question which may be agitated in the future respecting the location of the latter, as well as the for- mer, within the limits of the Territory or State of Arkansas, as the case may be, and their removal therefrom; and to avoid the cost which may attend negoti- ations to rid the Territory or State of Arkansas whenever it may become a State, of either, or both of those Tribes, the parties hereto do hereby conclude the following Articles, viz:

Western Boundary of Arkansas Defined. Art. 1. The Western boun- ary i>f Arkansas shall be, and the same is, hereby defined, 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,

Territory Guaranteed to Cherokees by United States. Art. 2. The United States agree to possess the Cherokees, and to guarantee it to them for- thence in a direct line to the South West corner of Missouri.

HISTORY OF THE CHEROKEE INDIANS

ever -md that guarantee is hc?rebv solemnly pledg-ed, of seven million acres of land' to be bounded as follows, viz: Commencing at that point on Arkansas River where the Eastern Choctaw boundary line strikes said River, and run- ning thence with the Western boundary line of Missouri till it crosses the wat- ers ""of Neasho, generally called Grand River, thence due west to a point from which a due South course will strike the present North West 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 run-- ning North and South from River to River, will give the aforesaid seven mil- lions of acres. 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 1\- ing West of the Western boundary of the above described limits, and as far West as the sovereignty of the United States, ana their right of soil extend.

United States to Run the Lines. Art. 3. The United States agree to have the lines of the above cession run without delay, say not later than the lirst of October next, and to remove, immediately after the running of the Eastern line from the Arkansas River to the South West corner of Missouri, all white persons from the West to the East of said line, and also all others, should there be any there, who may be unacceptable to the Cherokees, so that no obstacles arising out of the presence of a white population, or a population of any other sort, shall exist to annoy the Cherokees — and also to keep all such from the West of said line in future.

Persons to Be Appointed to Value Cherokee Improvements. Art. 4. The United States moreover agree to appoint suitable persons whose duty it shall be, in conjunction with the Agent, to value all such improvements as the Cherokees may abandon in their removal from their present homes to the District of Country as ceded in the second Article of this agreement, and to pay for the same immediately after the assessment is made, and the amount ascertained. It is further agreed, that the property and improvements con- nected with the agency, shall be sold under the direction of the Agent, and the proceeds of the same applied to aid in the erection, in the country to which the Cherokees are going, of a Grist, and Saw Mill, for their use. The afore- said property and improvements are thus defined : Commence at the Arkansas River opposite William Stinnetts, and run due North one mile, thence due East to a point from which a due South line to the Arkansas River would include the Chalybeate, or Mineral Spring, attached to or near the present residence of the Agent, and thence up said River (.Arkansas) to the place of beginning

Further Agreement. Art. 5. It is further agreed, that the United States, in consideration of the inconvenience and trouble attending the removal, and on account of the reduced value of a great portion of the lands herein ceded to the Cherokees, as compared with that of those in Arkansas which were made theirs by the Treaty of 18 17, and the Convention of 1819, will pay to the Cherokees, immediately after their removal which shall be within four-

HISTORY OF THE CHEROKEE INDIANS 69

teen nmnths of the date of this ai^reement, the sum df tiftv thousand dnllars; also an annuity for three years, of two thousand dollars, toward defravinjj' the cost and trouble which may attend upon going- after and recovering their stock, which may stray into the Territory in quest of the pastures from which thev may be driven — also, eight thousand seven hundred and sixty dollars, for spoli- ations committed on them, (the Cherokees, ) which sum will be in full of all demands of the kind up to this date, as well as those against the Osages, as those against citizens of the United States — this being the amount of the claims for said spoliations, as rendered by the Cherokees, and which are believed tr' be correctly and fairly stated. — Also, one thousand two hundred dollars for the use of Thomas Graves, a Cherokee Chief, for losses sustained in his prop erty, and for personal suffering endured by him when confined as a prisoner on a criminal, but false accusation; also, five hundred dollars for the use o! George Guess, another CheroKee, for the great benefits he has conferred upon the Cherokee people, in the beneficial results they are now experiencing from the use of the Alphabet discovered by him, to whom also, in consideration of his relinquishing a valuable saline, the privilege is hereby given to locate and occupy another saline on Lee's Creek. It is further agreed by the United States, to pay two thousand dollars, annually, to the Cherokees, for ten years, to be expended under the direction of the President of the United States in the education of their children, in their own country, in letters and the mechanic arts; also, one thousand dollars towards the purchase of a Printing Press and Types to aid the Cherokees in the progress of education, and to benefit and enlighten them as a people, in their own, and our language. It is agreed fur- ther that the expense incurred other than that paid by the United States in the erection of the buildings and improvements, so far as that may have been paid by the benevolent society who has been, and yet is, engaged in instruct- ing the Cherokee children, shall be paid to the society, it being the undersand- ing that the amount shall be expended in the erection of other buildings and improvements, for like purposes, in the country herein ceded to the Cherokees. The United States relinquish their claim due by the Cherokees to the late United States Factory, provided the same does not exceed three thousand five hundred dollars.

Further Agreement. Art. 6. It is moreover agreed by the United States, whenever the Cherokees may desire it, to give them a set of plain laws, suit- ed to their condition — also, when they may wish to lay off their lands, and own them individually, a surveyor shall be sent to make the surveys at the cost of the United States.

Cherokees to Surrender Lands in Arkansas Within Fourteen Months. Art. 7. The Chiefs and He;id Men of the Cherokee Nation, aforesaid, for and in consideration of the foregoing stipulations and provisions, do hereby agree, in the name and behalf of their Nation, to give up, and they do hereb_\ surrender to the United States, and agree to leave the same within fourteen months, as herein before stipulated, all the lands to which they are entitled in Arkansas, and which were secured to them by the Treaty of 8th January. 18 17. and the Convention of the 2 7th February, 181^).

70 HISTORY OF THE CHEROKEE INDIANS

Cost of Emigration, etc., to be Borne By the United States. Art. 8. I lie

Cherokee Nation, West of the Mississippi having, by this agreement, freed themselves from the harassing and ruinous effects consequent upon a location amidst a white population, and secured to their posterity, under the solemn sanction of the guarantee of the United States, as continued in this ag•reemen^ a large extent of unembarrassed country; and that their Brothers yet remaining in the States may be induced to join them and enjoy the repose and blessings of such a State in the future, it is further agreed, on the part of the United States, that to each Head of a Cherokee family now residing within the chartered limits of Georgia, or of either of the States, East of the Mississippi, who may desire to remove West, shall be given, on enrolling himself for emi- gration, a good Rifle, a Blanket, and Kettle, and five pounds of Tobacco: (and to each member of his family one Blanket,) also, a just compensation for the property he may abandon, to be assessed by persons to be appointed by the President of the United States. The cost of the emigration of all such shall also be borne by the United States, and good and suitable ways opened, and provisions procured for their comfort, accommodation, and support, by the way, and provisions for twelve months after their arrival at the Agency; and to each person, or head of a family, if he take along with him four persons, shall be paid immediately on his arriving at the Agency and reporting himself and his family or followers, as emigrants and permanent settlers, in addition to the above, provided he and they shall have emigrated from within the Chartered limits of the State of Georgia, the sum of fifty dollars, and this sum in proportion to any greater or less number that may accompany him from within the aforesaid Chartered limits of the State of Georgia.

A Certain Tract of Land To Be Reserved for the Benefit of the United States. Art. 9. It is understood and agreed by the parties to this Conven- tion, that a Tract of Land, two miles wide and six miles lond, shall be, and the same is hereby, reserved for the use and benefit of the United States, for the accommodation of the military force which is now, or which may hereafter be, stationed at Fort Gibson, on the Neasho, or Grand River, to commence on said River half a mile below the aforesaid Fort, and to urn thence due East two miles, thence Northwardly six miles, to a point which shall be two mile;, distant from the River aforesaid, thence due West to the said River, and down it to the place of beginning. And the Cherokees agree that the United States shall have and possess the right of establishing a road through their country for the purpose of having a free and unmolested way to and from said Fort.

Capt. J. Rogers to be Paid in Full for Property Lost in the Service ot United States. Art. 10. It is agreed that Captain James Rogers, in consid- eration of his having lost a horse in the service of the United States, and for services rendered by him to the United States, shall be paid, in full for the above, and all other claims for losses and services, the sum of Five Hundred Dollars.

^ Art. 11. -I his Treaty to be binding on the contractins;- parties so soon as It is ratified by the President of the United States, by and with the advice and consent of the Senate.

HISTORY OF THE CHEROKEE INDIANS 71

Done at tlu' place, and on the day and year above written.

James Barbour. [L. S.l

Black Fox, his x mark, [L. S.l

Thomas Graves, his x mark, [L. S.l George Guess,* [L. S.]

Thomas Maw,* [L. S.]

George Marvis,* [L. S.]

John Looney, * [L. S.l

John Rogers, [L. S.]

J. W. Flawey, counsellor of Del. [L .S.] Witnesses: Chiefs of the delegation.

Thos. L. McKenney,

James Rogers, interpreter,

D. Kurtz,

H. Miller,

Thomas Murray,

D. Brown, secretary Cheroki'e delegation, Pierye Pierya,

E. W. Duval, United States agent, etc. Ratified with the following proviso:

"Provided, nevertheless, that the said convention shall not be so con- strued as to extend the northern boundary of he 'perpetual outlet west' pro- vided for and guaranteed in the second article of said convention, north of the thirty-sixth degree of north latitude, or so as to interfere with the lands as- signed, or to be assigned west of the Mississippi river, to the Creek Indians who have emigrated, or may emigrate, from the States of Georgia and Ala- bama, under the provisions of any treaty or treaties heretofore concluded be- tween the United Sates and the Creek tribe of Indians; and provided furthei. That nothing in the said convention shall be construed to cede or assign to the Cherokees any lands heretofore ceded or assigned to any tribe or tribes of Indians, by any treaty now existing and in force, with any such tribe or tribes."

Department of War,

3 1st May, 1 828. To the Hon. Henry Clay,

Secretary of State: Sir: 1 have the honor to transmit, herewith, the acceptance of the terms, by the Cherokees, upon which the recent convention with them was ratified. You will have the goodness to cause the same to be attached to the treaty, and published with it.

1 have the honor to be, very respectfully, your obedient servant,

Sam'l. L. Southard. To the Secretary of War, Council Room, Williamson's Hotel,

Washington City: Washington, May 3 1st, 1828

72 HISTORY OF THE CHEROKEE INDIANS

Sir: The undersigned, chiefs of the Cherokee Nation, west of the Mis- sissippi for and in behaU' of said nation, hereby agree to, and accept of, the terms upon which the Senate of the United States ratified the convention, con- cluded at Washington on the sixth day of May, 1828, between the United States and said nation.

In testimony whereof, they hereunto subscribe their names and affix their

seals.

Thomas Graves, his x mark, [L. S.]

George Maw, his x mark, [L. S.]

George Guess, his x mark, [L. S.]

Thomas Marvis, his x mark, [L. S.]

John Rogers.

Signed and sealed in the presence of —

E. W. Duval, United States agent, etc.

Thomas Murray,

James Rogers, interpreter.

The inaccuracies of this treaty were corrected by:

TREATY WITH THE WESTERN CHEROKEE, 1833.

Articles of agreement and convention made and concluded at Fort Gib- son, on the Arkansas river on the fourteenth day of February one thousand eight hundred and thirty-three, by and between Montfort Stokes, Henry L. Ellsworth and John F. Schermerhorn duly appointed Commissioners on the part of the United States and the undersigned Chiefs and Head-men of the Cherokee nation of Indians west of the Mississippi, they being duly authorized and empowered by their nation.

Preamble. Whereas articles of convention were concluded at the city of Washington, on the sixth day of May, one thousand eight hundred and twenty- eight, between James Barbour, Secretary of War, being specially authorized therefor by the President of the United States, and the chiefs and head men of the Cherokee nation of Indians west of the Mississippi, which articles of convention were duly ratified. And whereas it was agreed by the second article of said convention as follows "That the United States agree to possess the Cherokees, and to guarantee it to them forever, and that guarantee is solemnly pledged, of seven millions of acres of land, said land to be bound as follows, viz, commencing at a point on Arkansas river, where the eastern Choctaw boundary line strikes said river, and running thence with the western line of Arkansas Territory to the southwest corner of Missouri, and thence with the western boundary line of Missouri till it crosses the waters of Neosho, 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 contin- uing due south on and with the present boundary line on the west of said Territory, to the main branch of Arkansas river, thence down said river to its junction with the Canadian, and thence up, and between 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 millions of acres, thus provided for and bounded. The United States further guarantees to the Cherokee nation a

HISTORY OF THE CHEROKEE INDIANS 73

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 extL-nd. And whereas there was to said articles of convention and agreement, the following- proviso viz. "Provided nevertheless, that said convention, shall not be con- strued, as to extend the northern boundary of said perpetual outlet west, pro- vided for and guaranteed in the second article of said convention, north of the thirty-sixth degree of north latitude, or so as to interfere with the lands as- signed or to be assigned, west of the Mississippi river, to the Creek Indians who have emigrated, or may emigrate, from the States of Georgia and Ala- bama, under the provision of any treaty, or treaties, heretofore concluded, be- tween the United States, and the Creek tribe of Indians — and provided further, that nothing in said convention, shall be construed, to cede, or assign, to the Cherokees any lands heretofore ceded, or assigned, to any tribe, or tribes of Indians, by any treaty now existing and in force, with any such tribe or tribes. And whereas,it appears from the Creek treaty, made with the United States, by the Creek nation, dated twenty-fourth day of January eighteen hundred and twenty-six, at the city of Washington; that they had the right to select, a part of the country described within the boundaries mentioned above in said Cher- okee articles of agreement — and whereas, both the Cherokee and Creek na- tions of Indians west of the Mississippi, anxious to have their boundaries settled in an amicable manner, have met each other in council, and, after full deliber- ation mutually agreed upon the boundary lines between them — Now there- fore, the United States on one part, and the chief and head-men of the Chero- kee nation of Indians west of the Mississippi on the other part, agree as follows:

Land granted to the Cherokees; Further guaranty. Art. 1. The United States agree to possess the Cherokees, and to guarantee it to them forever, and that guarantee is hereby pledged, 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 Verdi.i;ris river — thence down said Verdigris river to the Arkans;is river — thence down said Arkansas 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 de- grees west, one mile — thence in a straignh 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 east- ern Choctaw boundary strikes, said river; and running thence with the western line of Arkansas Territory as now defined, to the southern corner of Missouri — thence along the western Missouri line, to the land assigned 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

74 HISTORY OF THE CHEROKEE INDIANS

Osage line, extended west if necessary and a line drawn due west, from the point of beginning, to a certain distance west, at wfiicli, 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 mil- lions of acres of land, thus provided for, and bounded, the United States, further guarantee to the Cherokee nation, a perpetual outlet to the west and a free and unmolested use of all the country lying west, of the western bound- ary of said seven millions of acres, as far west 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 Chero- kees — and letters patent shall be issued by the United States as soon as prac- ticable for the land hereby guaranteed.

Quit claim to the United States of former grant. Art. 2. The Cher^ikee nation hereby relinquish and quit claim to the United States all the right, in- terest and title which the Cheerokees have, or claim to have in and to all the land ceded, or claimed to have been ceded to said Cheerokee nation by said treaty of sixth of May one thousand eight hundred and twenty-eight, and not embraced within the limits or boundaries tixed in this present supplementary treaty or articles of convention and agreement.

Sixth article of treaty of May 6, 1828, annulled. Art. 3. The Cherokee nation, having particularly requested the United States to annul and cancel the sixth article of said treaty of sixth May, one thousand eight hundred and twenty-eight, the United States, agree to cancel the same, and the same is hereby annulled — Said sixth article referred to, is in the following words — "It is moreover agreed by the United States, when the Cherokees may de- sire it, to give them a plain set of laws, suited to their condition — also when they may wish to lay off their lands and own them individually, a surveyor shall be sent to survey them at the expense of the United States.

Blacksmith and other workmen, materials and shops. Art. 4. In con- sideration of the establishment of new boundaries in part, for the lands ceded to said Cherokee nation, and in view of the improvement of said nation, the United States will cause to be erected, on land now guaranteed to the said nation, four blacksmith shops, one wagon maker shop, one wheelwright shop, and the necessary tools and implements furnished for the same; together with one ton of iron, and two hundred and fifty pounds of steel, for each of said blacksmith shops.to be worked up, for the benefit of the poorer class of red men, belonging to the Cherokee nation — And the United States, will employ four blacksmiths, one wagon-maker, and one wheel- wright, to work in said shops respectively, for the benefit of said Cherokee na- tion; and said materials shall be furnished annually and said services continued, so long as the president may deem proper — And said United States, will cause to^ be erected on said lands, for the benefit of said Cherokees, eight patent railway corn mills, in lieu of the mills to be erected according to the stipula- tion of the fourth article of said treaty, of sixth May, one thousand eight hun-

HISTORY OF THE CHEROKEE INDIANS 73

dred twenty-eight, from the avails of the sale of the old a,£;ency.

This supplementary to a former treaty. Art. 5. I'hese articles of agree- ment and convention are to be considered supplementary, to the treaty before mentioned between the United States and the Cherokee nation west of the Mississippi dated sixth of May one thousand eight hundred and twentv-eight, and not to vary the rights of the parties to said treaty, any further, than said treaty is inconsistent with the provisions of this treaty, now concluded, or these articles of convention or agreement.

One mile square for the agency. Art. 6. It is further agreed by the Cheerokee nation, that one mile square shall be reserved and set apart from the lands hereby guaranteed, for the accommodation of the Cherokee agency: and the location of the same shall be designated by the Cherokee nation, in conjunction with the agent of the Government of the United States.

Treaty binding when ratified. Art. 7. This treaty, or articles of con- vention, after the same have been ratified, liy the President and Senate shall be obligatory on the United States and said Cherokee nation.

In testimony whereof, the said Montfort Stokes, Henry L. Ellsworth, and John F. Schermerhorn, commissioners as aforesaid, and the chiefs and head men of the Cherokee nation aforesaid, have hereunto set our hands, at For; Gibson on tlie Arkansas river, on the Nth day of February, one thousand eight hundred and thirty-three.

Montfort Stokes, Henry I.. Ellsworth,

J. F. Schermerhorn, John Jolly, his x mark.

Black Coat, his x mark, Walter Weller,

Principal chiefs: John Rogers, President Commissioners. Glass, president CDuncil.

Signed, sealed, :ind delivered in our presence: S. C. Stambaugh, secretary commis- Geo. Vashon, agent Cherokees west, sioners, Jno. Campbell, agent Creeks,

V\. Arbuckle, colonel Seventh Infan- Alexander Brown, his x mark, try, Jno Hambly,

Interpreters, Wilson Nesbitt, N. Young, major U. S. Army,

Peter A. Cams, W. Seawell, lieutenant Seventh In-

Wm. Thornton, clerk committee. f;intry,

Charles Webber, clerk council.

The Cherokees had always been an agricultural people and for thai reason were more attached to their homes than :ire town dwellers. They had passed an act in May, 1825, imposing a death penalty on anyone who should propose the sale or exchange of their lands, and although the bound- aries and acreage of their reservation was not satisfactory to anyone thev were much displeased with the action of the delegation and many threats wer,. made against them. The entire Arkansas Cherokee nation moved in the win ter of 1828-9 to their new western home. Tohlonteeskee, or Deep Creek, a southern branch of Illinois river, section sixteen, township twelve north.

76 HISTORY OF THE CHEROKEE INDIANS

ranse twenty-one east, was created the capitol and the nation was divided into four districts.

THE CIRCUIT COURTS.

Sec. 1. Be it further enacted, That there shall be established two judicial circuits, and one Judge elected to each circuit.

The following division of the Nation into four Districts shall continue until otherwise altered by law, to wit:

1. Neosho District. — Commencing at the line of Washington county where the Saline road crosses the same, and following said road to the head of Spring creek; thence down the same to Grand river; thence down Grand river to the Arkansas, and thence along the western boundary of the Nation, including all the country north and west of the above line.

2. Salisaw District. — Beginning at the line of Washington county near Wilson's store, where the wagon road crosses the same by Jack Bean's; thence along said road by Chas. Vann's down the Salisaw to the crossing of the creek by Dr. Palmer's; thence, south, to the top of the mountain, and along the top of the same to a point opposite John L. McCoy's; thence to the crossing of the Salisaw by the military road, and along said road to Grand river.

3. Illinois District. — Commencing at the mouth of Salisaw creek, and running up the same to the military road; thence along said road to Grand river, and down the same to the Arkansas, including all the country west of this line and the Arkansas.

4. Lees Creek District. — Including all the country lying south and east of the above described lines.

The Northern circuit shall be composed of Neosho and Salisaw Districts; and the Southern of Illinois and Lee's Creek District. And the following places are designated in each District for holding courts, viz:

In Neosho District, at Sitewake's Village on Spavinaw.

In Salisaw District, at Tahlequah.

In Illinois District, at Tah-lon-tuskee.

In Lees Creek District, at George Guess'.

The Judges shall hold their respective courts in Neosho and Illinois Districts, on the first Monday in May and September, and for Salisaw and Lee's Creek Districts, on the second Monday in May and September.

Sec. 4. The Circuit Court shall have complete jurisdiction, in all crimin- al matters, and also in civil cases where the amount at issue is not less than one hundred dollars; hut may also try and decide suits, when the amount is less than one hundred and over twenty-tive dollars, provided such suit ha.s been brought by appeal from the District Court; and all decisions where the sum does not exceed one hundred dollars, shall be final; but if above that amount, an appeal may be granted to the Supreme Court, if moved for before the adjournment of such court; and in the trial of all cases, the Clerk shall write out in full the testimony which may be given by witnesses of both par- ties. And in the event of an appeal to the Supreme Court, such written tes- timony, with the proceedings and decisions of the court, being certified to by the Clerk, sealed and marked on the outside, with the nature of the case

HISTORY OF THE CHEROKEE INDIANS 77

and the names of the parties, they shall be transmitted by the Sheriff of the District, directed to the Chief Justice. And the party, so appealing to the Supreme Court, shall be required to enter into bond with security, to the satisfaction of the Court, for the maintenance of said suit and payment of all costs.

This jurisdictional division was in V(),t;ue and it was succeeded by: An Act to OrgAiiize the Nation into Eight Districts and for Holding Elections. He it enacted by the National Council, That the following divisions of the Nation into eight Districts, shall continue until altered by law — to wit:

I. Skin Bayou District. Conuiiencing at the mouth of Salisaw Creek, thence up the same to a point where the Rogue's Path crosses; thence along said path to Bear Meat's old place; thence on a direct line to the two Knobs or Peaks, running be- tween the same, to the nearest point of the State line; thence south along said line to the Arkansas river, and up the same to the place of beginning.

II. Illinois District. Commencing at the point where the Rogue's Path crosses Salisaw Creek; thence on a direct line to Big Bear's (Allen Gafford's) on Elk Creek, and down said creek to its junction with Illinois river; thence crossing Short Moun- tain to Eli Harlin's, (including said Harlin in the District;) thence along the road by Joseph Coodey's and Dennis Biggs' to Grand River, at Fort Gibson; thence on the main road to the ferry on the Verdigris river, down the same to the Arkansas river; thence down said river to the mouth of Salisaw Creek, and up the same to the place of beginning,

III. Canadian District. Commencing at the junction of the Arkansas and Canadian rivers; thence up the Canadian to the Creek boundary; thence along the said boundary to the Arkansas river, and down the same to the place of beginning.

IV. Flint District. Commencing at the point where the Rogue's Path crosses the Salisaw creek; thence along the line of Illinois District to the Illinois river; thence up said river to the mouth of Caney creek, and up said creek to Buffington's, thence along the main old road to the crossing of the south branch of the Barren Fork of Illinois; thence up said creek to the State line, and along said line to the line of Skin Bayou District; thence west along said District line to the place of beginning.

V. Going Snake District. Commencing on Caney creek at F:iwn's Camp on the right, and fol- lowing the path leading to Thos. F. Taylor's until the same forks on the

78 HISTORY OF THE CHEROKEE INDIANS

mountain; thence along tlie right hand old path (leaving said Taylor's to the left,) to Dick Sanders' on the Barren Fork; thence along the road to James McDaniel's on Big Illinois; thence along the road or path leading to the Grand Saline, to Spring creek, thence up said creek to the crossing of the vVashington county wagon road, at Gore's old cabin, following said road to Flint creek, then up said creek to the State line; then south along said line to Flint District, and along the same to the place of beginning.

VI. Tahlequah District.

Commencing at Fawn's Camp on Caney Creek, and following the line of Going Snake District to Spring creek; thence down said creek to Grand river, and down the same to Fort Gibson; thence along the line of Illinois District to the Illinois river; thence up said river to Caney creek, and up the Siime to the place of beginning.

VII. Delaware District.

Commencing at the point on Spring Creek where Going Snake and Tahlequah Districts corner; thence to the nearest source of Little Saline Creek, and down the same to its junction with Big Saline Creek; thence on a direct line to Grand river at the mouth of Spavinaw creek; thence up said river to the termination of the Cherokee territory, and including all of the country east of the above described line to the State line and north of Going Snake District

VIII. Saline District.

Commencing at the north-west corner of Delaware District; thence south along the western line of the said District to Tahlequah District on Spring creek; thence down said creek to Grand river, and along the same to Fori Gibson, including all the country west not embraced in any of the before described Districts.

Be it further enacted. That the election of two members of the National Committee, and three members of the Council, and one Sheriff for each District, shall be held on the first Monday in August, 1841: — and all free male citizens, who shall have attained to the age of eighteen years, shall be equally entitled tb vote in the District of which they may he residents; and every voter shall name the person for whom he votes.

Be it further enacted. That there shall be two superintendents at each precinct, to preside over the elections, who shall appoint a clerk, whose duty it shall be to make a list of all candidates, and register the name of each voter, stating the candidate for whom each vote is given.

In the event that any persons hereinafter named as superintendents, are unable or refuse to serve as such, then the people assembled to vote may choose others to fill such vacancies as may occur. The register or list of votes polled at each precinct shall be certified by the superintendents and clerk, and on the following day after the election, the superintendents shall assemble at

HISTORY OF THE CHEROKEE INDIANS 79

the first named precincts in this act, in each District, and count all votes legally given, and issue a written certificate of election to each candidate, who shall have received the highest number of votes. The certified register of votes shall then be sealed up, and transmitted to the Principal Chief, marked,

"Election returns for District."

The following places are designated as precincts in the several District.*

1. For Skin Bayou District. — First precinct at the present place o' holding Courts: — George I.owrey, jr., and Michael Waters, superintendents. Second precinct at Little Jnn. Rogers': — G. W. Gunter and John Rogers, sup- erintendents.

2. Flint District. — First precinct at George Chambers' Camp Ground: — George Chambers and Andrew Ross, superintendents. Second precinct at Broken Canoe's: — Ezekial Starr and George StHl, superintendents.

3. Illinois District. — First precinct at Moses Smith's: — John Brewer and Richard Ratcliff, superintendents. Second precinct at Cat Fields: — Archibald Fields and Alexander Foreman, superintendents.

4. Canadian District. — First precinct at James Thorn's: — Joseph Vann and John Thorn, superintendents. Second precinct at George Chisholm's: — Dutch and David Foreman, superintendents.

5. Going Snake District. — First precinct at Hair Conrad's: — Hair Con- rad and Samuel Foreman, superintendents. Second precinct at Rising Fawn's in Piney Woods) — Geo. Starr, John Harnage, superintendents.

6. Tahlequah District. — First precinct at Tahlequah : — Stephen Fore ■ man and David Carter, superintendents. Second precinct at William Camp- bell's:— Thomas Wilson and Thigh Walker, superintendents.

7. Delaware District. — First precinct at J. Buffington's: — Richard Tay- lor and William Wilson, superintendents. Second precinct at Johnson Fields': — James D. Wofford and Hiram Landrum, superintendents.

8. Saline District. — First precinct at the Grand Saline: — Nicholas M'Nair and Brice Martin, superintendents. Second precinct at West's Saline: — David "Vann and Bluford West, superintendents.

The superintendents and clerks shall be required to take the following oath: — "You do solemnly swear that you will conduct the election according to the provisions of the act passed Nov. 4th, 1S40."

Approved— J NO. ROSS.

Tahlequah, Nov. 4th, 1840.

The jurisdiction of Delaware District was extended over the "Neutr;[l band'' by:

An Act Annexing a Tract Called 800,000 Acres of Land, to Delaware District.

Be it enacted by the National Council. That this section of country ceded to the Cherokees by the Treaty of 1835, and known as the "eight hundred thousand acre tract,'' be, and the same is hereby attached to Delaware Dis- trict, and shall henceforth form a part of said District.

Tahlequah, Dec. 1st, 1846.

Approved— JNO. ROSS.

The name of Skin Bavou District was derived from the local stream.

80 HISTORY OF THE CHEROKEE INDIANS

which had been named b\' the early courier de hois. It was chansjed by: An Act Changing the Name of Skin Bayou District.

Be it enacted by the National Council, That the name of Skin Bayou District be. and the same is hereby changed, and that the said District shall be called from and after the passage of this act, Se-quo-yah; and so much of the act passed November 4th, l84o, as militates against this act be and the same is hereby repealed.

Tahlequah, November 4th, l(S5l.

Approved — JNO. ROSS. Cooweescoowee District was constituted in 1856 b\-:

An Act Organizing Cooweescoowee District

Be it enacted by the National Council, That all that portion of the terri- tory belonging to the Cherokee people, within the following boundary, be and is hereby organized into a District, to be known as Cooweescoowee District, with all the immunities and corporate capacities of other districts of this Nation, towit: Commencing at the cornerstone of the Creek Nation, a few miles north nr northwest of old Union Mission; running thence a due east course until it strikes the Missouri road, running west of Neosho or Grand River; then along said road to about one mile northward of the crossing of Rock Creek; then along a certain trail known as Mathis' tract, until said trace strikes the northern boundary line of the Cherokee country; then west- ward along said line, and following the boundary line of the Cherokee outlet west to the point of beginning.

Be it further enacted. That the precincts for holding elections shall be and are placed at the following localities:

1. At the Sulphur spring on Dog Creek, near Jim McNair's cow-pen.

2. At the White Spring.

3. At the Yellow Spring.

4. At or near Dick Duck's.

The court house of Cooweescoowee District from 1856 to December 7, 1867, was on Bird Creek in the eastern part of Osage county and was located by :

An Act to Amend an Act entitled "An Act Relative to the Court House in Cooweescoowee District." Be it enacted by the National Council, That the act in relation to building a court house in Cooweescoowee District, passed December 7, 1867, be so amended as to require the District Judge to have said court house built at the Sulphur Springs, on the waters of Dog Creek, near Jesse Henry's, in said District, instead of the place designated in said act, "Clermont's Mounds."

JOHN YOUNG, Speaker of Council. Concurred in — PIG SMITH, President of the Senate. Presented and approved, 24th November, 1868.

LEWIS DOWNING, Principal Chief of the Cherokee Nation.

Tahlequah, C. N., Nov. 13, 1868. The Eastern Cherokees enacted earlier election laws but the following was in a fuller and more perfect form:

HISTORY OF THE CHEROKEE INDIANS 81

Resolved by the Committee and Council, in General Council Convened, That the elections to be holden hereafter in the several Districts for mem- bers of the General Council, Sherifl's and Constables, shall be held at the fol- lowing precincts until otherwise altered by the General Council, viz: Chicka- mauga District: The first precinct to be at the Court House, the second at Hunter Langly's in Lookout Valley; third at Hick's Mill and the fourth at Kah-noh-cloo's. Chattooga District. First precinct at the Court House, second at Ah-ne-lah-ka-yah's in Turkey Town, third at James Fields', Turnip Mountain, fourth at Laugh-at-mush's, Will's Valley, fifth at Edward Gunter's in Creek Path, and sixth at Raccoon Town, at Little Turtle's house. Coosa- watee District: First at the Court House, and the third at Ellijay. Ah- mohee District: First at the Court House, second at Squires in Long Sa- vannah, third at Chee-squah-ne-ta's, fourth at Swimmers, Highwassee Old Town. Hickory Log District: First at the Court House, second at the old Court House, third at or near Big Savannah. Hightower District: First at the Court House, second at Pipes Spring, third at Yon-nah-oo-woh-yee's. Tahquohee District: First at the Court House, second at Choowalookee's. third at Oowatee's, fourth at Skenah Town, hfth at Beach Town. Aquohee iJistrict: First at the Court House, second at Lame Dick's, third at High- wassee Town, fourth at widow Nettle Carriers', fifth at Chee-yoh-ee.

Be it further Resolved, That two superintendents and one clerk shall be appointed to take the votes at each precinct, and it shall be the duty of the Circuit Judges respectively to make such appointments while on their Judicial Circuit last preceding the general elections for members of the General Council, and shall notify the managers and clerks of their appoint- ment, by the Sheriff of the District, and in case either of the Circuit Judges shall fail to hold his courts agreeably to law, or any of the managers or clerks shall refuse to act, the District Judge shall be authorized to fill sucii vacancies; and in case any shall fail to attend on the day of the election, the voters shall be allowed to choosc some suitable person or persons to act in his or their stead.

Be it further Resolved, That the clerks shall particularly take down the names of all persons voting and for whom they may vote; and the managers and clerks shall meet at the court house in their respective Districts on the Wednesday succeeding the election, then and there to count the votes and issue a certificate to each member elect, of his constitutional election.

Be it further Resolved, That the managers and clerks while acting shall be upon oath, and shall not be entitled to receive any compensation from the National Treasury for their services.

New Echota, 2d Nov., 182O.

Approved— JNO. ROSS.

The first comprehensive election law of the "Old Settler" Cherokees was:

An Act Respecting Elections.

Resolved by the Committee and Council, in General Council Convened, That from and after this date, the members of the National Committee and

82 HISTORY OF THE CHEROKEE INDIANS

Council, ;ind Ihe officers (Judges and Light-horse) of the Cherokee Nation, shall he elected hy a vote of the people, given in a't their respective pre- cincts in each District, and for which purpose it is hereby

Further Resolved, That the people of the Cherokee Nation shall meet at their respective precincts in each District once in two years, on the second Monday in July, and proceed to elect by vote, two memebrs of the National Committee and two members of the National Council, which members shall be elected to serve two years from the date of their election; and there shall be also elected at the same time and place two District Judges and two Na- tional Light-horse to serve two years from the date of their election, whose duties it shall be to serve in their respective Districts as set forth by law.

Resolved Further, That all elections under the law as herein above speci- specific purposes, shall be superintended by the Judges of the same District, and each candidate for the above named offices shall make known to the Judges superintending the elections, which office they design to run for; and it shall be the duty of the Judges to have this distinctly understood by the people before voting, after which they can proceed to vote, one at a time by calling the names of such candidates which they judge are the best qualified to fill the office running for, and after all the people present have voted, the Judges shall count out publicly the number of votes given to each one of the candidates took up for the same office, and such candidates as have thereby gained the highest number of votes for the different offices shall thereby be considered duly and lawfully elected to the respective offices for which they were candidates and run for. And it shall be the duty of the Judges as before required under section third to give each member thus elected to the National Committee and Council, Judges and Light-horse, a certificate of their election, which shall be their voucher to the National Council of such members, Judges and Light-horse having been duly elected according to law.

Resolved Further, That all elections under the law as herein above speci- fied for the purpose of electing members to the National Committee and Council, Judges and Light-horse shall be and are hereby required to be held at the following named places in each District: That is the precinct or place for holding elections under the law; that in Lees Creek District, shall be at the present residence of Little Charles, of Skin Bayou; that in Salhsaw District at Fox's residence on Sallisaw Creek; that in Illinois District at the National Council House (Tah-lon-tee-skee) and that in Neosho District at John Drew's residence on Bayou Menard. Tah-lon-tee-skee, May 10, tS?4.

Approved— JOHN JOLLY, Prin'l. Chief.

At various subsequent dates the election laws were changed to conform with the progress of the Cherokee Nation, but they always adhered to the viva voci method of voting, recorded by a clerk from each party, judges of election supervising the work of the opposing party clerk, all parties except the voter being kept at a distance of fifty feet from the polls by regularly appointed sup- ervisors or guards. Council met before 1867 on the first Monday of October and after 1867 on the first Monday of November of each year, the regular ses-

HISTORY OF THE CHEROKEE INDIANS 8^

sion lasting four weeks. Elections \\-ere held on the first Monday of Au.^ust of odd numbered years.

It had become apparent to many Cherokees that their retention of their homes and institutions east of the Mississippi river was of but short duration John Ross was in favor of selling their lands for twent_\' million dollars but the government steadfastly refused to pay more than five million for it. Con- ditions were becoming more untenable each year and as a consequence the great mass of the people were becoming more and more impoverished. Many of the wealthier Cherokees had and were moving west at their own expense. The minority seeing the hopeless condition of their people, within the limits of Georgia, Tennessee, Alabama and North Carolina, concluded the folUow- ing treaty:

"^m^'^^

HISTORY OF THE CHEROKEE INDIANS

LEWIS DOWNING Chief — November, 1S()7, to November, 1875.

HISTORY OF THE CHEROKEE INDIANS 85

CHAPTER V

Treaty With The Cherokee, 1835

Dec. 29, 1835. 7 Stat., 478. Proclamation. May 23, 1836. Article of a trc'iitv, concluded at New Echota in the State o\ Georgia on the 29th day of Dec. 1835 by General William Carroll and John F. Schermerhorn commis- sioners on the part of the United States and the Chiefs, Head Men and People of the Cherokee tribe of Indians.

Preamble . Whereas the Cherokees are anxious to make arrangements with the Government of the United States whereby the difficulties they have experienced by a residence within the settled parts of the United States under the jurisdiction and laws of the State Governments may be terminated' and ad- justed; and with a view to reuniting their people in one body and securing a permanent home for themselves and their posterity in the country selected by their forefathers without the territorial limits of the State sovereignties, and where they can establish and enjoy a government of their choice and per- petuate such a state of society as may be most consonant with the views, habits and conditions; and as may tend to their individual comfort and their 'advancement in civilization.

And whereas a delegation of the Cherokee nation composed of Messrs. John Ross, Richard Taylor, Danl. McCoy, Samuel Gunter and William Rogers with full power and authority to conclude a treaty with the United States did on the 28th day of February 1835 stipulate and agree with the Government of the United States to submit to the Senate to fix the amount which should be allowed the Cherokees for their claims and for a cession of their lands east ot the Mississippi river, and did agree to abide by the award of the Senate of the United States themselves to recommend the same to their people for their final determination.

And whereas on such submission the Senate advised ■'that a sum not ex- ceeding five millions of dollars be paid to the Cherokee Indians for all their possessions east of the Mississippi river."

And whereas this delegation after said award of the Senate had been made, were called upon to submit propositions as to its disposition to be arranged in a treaty which they refused to do, but insisted that the same "should be referred to their nation and there in general council to deliberate and determine on the subject to ensure harmon_\' and good feeling among themselves."

And whereas a certain other delegation composed of John Ridge, Elias Boudinot, Archilla Smith, S. W. Bell, John West, Wm. A. Davis and Ezekiel West, who represented the portion of the nation in favor of emigration to the Cherokee country west of the Mississippi entered into propositions for a treaty with John F. Schermerhorn commissioner on the part of the United States which were to be submitted to their nation for their final action and determination: And whereas the Cherokee people, at their last October council at Red

86 HISTORY OF THK CHEROKEE INDIANS

Clav, fullv authorized and empowered a delegation or committee of twenty 'persons of their nation to enter into and conclude a treaty with the United States commissioner then present, at that place or elsewhere and as the people ,had good reason to believe that a treaty would then and there be made or lat a subsejuent council at New Echota which the commissioners it was well known and understood, were authorized and instructed to convene for said purpose; and since the said delegation have gone on to Washington city, with A view to close negotiations there, as stated by them notwithstanding they were officially informed by the United States commissioner that they would not be received by the President of the United States; and that the Government would transact no business of this nature with them, and that if a treaty was made it must be done here in the nation, where the delegation at Washington 'last winter urged that it should be done for the purpose of promoting peace and harmony among the people; and since these facts have also been corrobo- rated to us by a communication recently received by the commissioner fron] the Government of the United States and read and explained to the people in open council and therefore believing said delegation can effect nothing and ..since our difficulties are daily increasing and our situation is rendered more and more precarious, uncertain and insecure in consequence of the legislation of the States; and seeing no effectual way of relief, but in accepting the lib- eral overtures of the United States.

And whereas Gen. William Carroll and John F. Schemerhorn were ap- pointed commissioners on the part of the United States, with full power and authority to conclude a treaty with the Cherokees east and were directed by the President to convene the people of the nation in general council at New Echota and to submit said propositions to them with power and authority to 'vary the same so as to meet the views of the Cherokees in reference to its details.

.4nd whereas the said commissioners did appoint and notify a general (council of the nation to convene at New Echota on the 2 1st day of Decem- ber 1835; and informed them that the commissioners would be prepared to make a treaty with the Cherokee people who should assemble there and those who did not come they should conclude gave their assent and sanction to whatever should be transacted at this council and the people having met in council according to said notice.

Therefore the following articles of a treaty are agreed upon and con- ■ciuded between William Carroll and John F. Schermediorn commissioners on the part of the United States and the chiefs and head men and people of the Cherokee nation in general council assembled this 29th day of Dec. 18^5.

Cherokees Relinquish to United States all Their Lands East of The Mississippi.

Article 1. The Cherokee nation hereby cede, relinquish and convey to the United States all the lands owned, claimed or possessed by them east of the Mississippi river, and hereby release all their claims upon the United States for spoliations of every kind for and in consideration of the sum of five millions of dollars to be expended, paid and invested in the manner stipu-

HISTORY OF THE CHEROKEE INDIANS 87

lated and agreed upon in the following articles. But as a question has arisen between the commissioners and the Cherokees whether the Senate in their Resolution by which they advised "that a sum not exceeding five millions of dollars be paid to the Cherokee Indians for all their lands and possessions east of the Mississippi river" have included and made any allowance or considera- tion for claims for spoliations it is therefore agreed on the part of the United States that this question shall be again submitfed to the Senate for their con- sideration and decision and if no allowance was made for spoliations thai then an additional sum of three hundred thousand dollars be allowed for the ■same.

Treaty of May, 1828, and Feb., 1833, Referred to. Art .2. Whereas by the treaty of May 6th 1828 and the supplementary treaty thereto of Feb. 14tli 183 3 with the Cherokees west of the Mississippi the United States granted and secured to be conveyed by patent, to the Cherokee nation of Indians the fol- lowing tract of country "Beginning at a point on the old western territorial line of Arkansas Territory beginning twenty-tive miles north from the point where the territorial line crosses Arkansas river, thence running from said north point south on the said territorial line where the said territorial line crosses Verdigris river; thence down said Verdigris river to the Arkansas River, thence down said Arkansas to a point where a stone is placed oppposite the east or lower bank of Grand river at its junction with the Arkansas; thence running south forty-five degrees and west one mile; thence in a straight line to a point four miles northerly, from the mouth of the north fork of the Cana- dian; thence along the said four mile line to the Canadian; thence down the Canadian to the Arkansas; thence down the Arkansas where the eastern Choctaw boundary strikes said river and running thence with the western line of Arkansas Territory as now delined, ti:i the southwest corner of Missouri; thence along the western Missouri line to the land assigned the Senecas, thence on the south line of the Senecas to 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 mil- lions of acres of land thus provided for and bounded, the United States further guaranty to the Cherokee nation a perpetual outlet west, and a free and un- molested use of all the country west of the western boundary of seven millions of acres, as far west as the sovereignty of the United States and their right of soil extend :

Proviso. Provided however: That if the saline or salt plain on the western prairie shall fall within said limits prescribed for the said outlet, the right is re- served 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."

Additional Land Conveyed to The Nation, Etc. And whereas it is apprehended by the Cherokees that in the above cession there is not contained sufficient quantity of land for the accommodation o"

88 HISTORY OF THE CHEROKEE INDIANS

the whole nation on their removal west of the Mississippi the United States in consideration of the sum of five hundred thousand dollars therefore hereby covenant and agree to convey to the said Indians, and their descendants by patent, in fee simple the following additional tract of land situated between the west line of the State of Missouri and the Osage reservation beginning at ■the Southeast corner of the same and running north along the east line of the Osage lands fifty miles to the northeast corner thereof; and thence east to the west line of the State of Missouri; thence with said line south fifty miles; thence west to the place of beginning; estimated to contain eight hundred thousand acres of land; but it is expressly understood that if any of the lands assigned the Quapaws shall fall within the aforesaid bounds the same shall be reserved and excepted out of the lands above granted and a pro rata reduc- tion shall he made in the price to be allowed to the United States for the same by the Chernkees.

Further Agreement. 1830, ch. 148. Right to Establish Forts, Etc. Article 3. The United States also agrees that the lands above ceded by the treaty of Feb. 14, 183 3, including the outlet, and those ceded by this treaty shall all be included in one patent executed to the Cherokee nation of Indians by the President of the United States according to the provisions of the act of May 28, 1830. It is, however, agreed that the military reser- vation at Fort Gibson shall be held by the United States. But should the United States abandon said post and have no further use for the same it shall revert to the Cherokee nation. The United States shall always have the right to make and establish such post and military roads and forts in any part of the Cherokee country, as they may deem proper for the interest and protection of the same and the free use of as much land, timber, fuel and materials of all kinds for the construction and support of the same as may be necessary; provided that if the private rights of individuals are interfered with, a just compensation therefore shall be made.

Osage Titles to Reservations to be Extinguished. Article 4. Ihe United States also stipulate and agree to extinguish for the ben- efit of the Cherokees the title to the reservations within their country made in the Osage treaty of 1825 to certain half-breeds and for this purpose •they hereby agree to pay the persons to whom the same belongs or have been assigned or to their agents or guardians whenever thev shall execute after the ratification of this treaty a satisfactory conveyance for the same, to the United States, the sum of fifteen thousand dollars according to a sched- ule accompanying this treaty of the relative value of the severarreservations.

Missionary Reservations to be Paid For. And whereas these several treaties between the United States and the Osage Indians, the Union and Harmony Missionary reservations which were established for their benefit ^ are now situated within the country ceded by them to the United States; the former being situated in the Cherokee "country and tne latter in the State of Missouri. It is therefore agreed that the United States shall pay the American Board of Commissioners for Foreign Missions tor the improvements on the same what they shall be appraised by Capt.

HISTORY OF THE CHEROKEE INDIANS 89

Geo. Vashon Cherokee, sub-agent Abraham Redfield and A. P. Chouteau or such persons as the President of the United States shall appoint and the money allowed for the same shall be expended in schools among the Osages and improving their condition. It is understood that the United States are to pay the amount allowed for the reservations in this article and not the Chero- kees.

Land Perinamently Ceded to the Nation. Article 5. The United States hereby covenant and agree that the lands ceded to the Cherokee nation in the foregoing article shall, in no future time without their consent, be included within the terriorial limits or jurisdiction of any State or Territory. But they shall secure to the Cherokee nation the right by their national councils to make and carry into effect all such laws as they may deem necessary for the government and protection of fhe persons and property within their own country belonging to their people or such persons as have connected themselves with them: provided always that they shall not be inconsistent with the constitution of the United States and such acts of Congress as have been or may be passed regulating trade and intercourse with the Indians; and also, that they shall not be considered as extending to such citizenship and army of the United States as may travel or reside in the Indian country by permission according to the laws and regulations establish- ed by the Government of the same.

Peace to be Preserved. Art. 6. Perpetual peace and friendship shall ex- ist between the citizens of the United States and the Cherokee Indians. The United States agree to protect the Cherokee nation from domestic strife and foreign enemies and against internecine wars between the several tribes. Th.; Cherokees shall endeavor to preserve and maintain the peace of the country and not make war upon their neighbors they shall also be protected against in- terruption and intrusion from citizens of the United States, who may attempt 'to settle in the country without their consent; and all such persons shall be removed from the same by order of the President of the United States. But this is not intended to prevent the residence among them of useful farmers mechanics and teachers for the instruction of Indians according to treaty 'Stipulations.

Congress May Allow a Delegate From the Cherokee Nation. Article 7. great progress in civilization and deeming it important that every proper and laudable inducement be offered to their people to improve their condition as well as guard and secure in the most eftectual manner the rights guaranteed to them in this treaty, and with a view to illustrate the liberal and enlarged policy of the Government of the United States towards the Indians in their removal beyond the territorial limits of the States, it is stipulated that they .shall be entitled to a delegate in the House of Representatives of the United States \\-henever Congress shall make provisions for the same.

Expenses of Removal to be Paid by United States. Article 8. The United States also agree and stipulate to remove the Cherokees to their new homes and to subsist them one year after their arriv- al there and that a sufficient number of steamboats and barge-wagons shall

90 HISTORY OF THE CHEROKEE INDIANS

be furnished to remove them comfortably, and so as not to endanger their health, and that a physician well supplied with medicines shall accompany each detachment of emigrants removed by the Government. Such persons and families as in the opinion of the emigrating agent are capable of subsist- ing and removing themselves shall be permitted to do so; and they shall be allowed in full for all claims for the same twenty dollars for each member of their family; and in lieu of their one year's rations they shall be paid the sum of thirty-three dollars and thirty-three cents if they prefer it.

Such Cherokees also as reside at present out of the nation and shall ■remove with them in two years west of the Mississippi shall be entitled to allowance for removal and subsistence as above provided.

Agents to Value Improvements Made by Cherokees. Article 9. The United States agree to appoint suitable agents who shall make a just and fair valuation of all such improvements now in the possession of the Cherokees as add any value to the lands; and also of the ferries own- ed bv them, according to their net income; and such improvements and ferries from which they have been dispossessed in a lawful manner or under any exist- ing law of the State where the same may be situated.

The just debts of the Indians shall be paid out of any monies due them for their improvements and claims; and they shall also be furnished at the discretion of the President of the United States with a sufficient sum to enable them to obtain the necessary means to remove themselves to their new homes, and the balance of their dues shall be paid them at the Cherokee agency west of the Mississippi. The Missionary establishments shall also be valued and appraised in a like manner and the amount of them paid over by the United States to the treasurers of the respective missionary societies by whom they have been established and improved in order to enable them to erect such buildings and make such improvements among the Cherokees west of the Mississippi as they may deem necessary for their benefit. Such teacherrs at present among the Cherokees as this council may select and designate shall be removed west of the Mississippi with the Cherokee nation and on the same .terms allowed to them.

The President to make investments in productive stock. Article 10 The President of the United States shall invest in some safe and most pro- ductive public stocks of the country for the benefit of the whole Cherokee nation who have removed or shall remove to the lands assigned by this treaty to the Cherokee nation west of the Mississippi the following sums as a permanent fund for the purposes hereinafter specified and pay over the net income of the same annually to such persons as shall be authorized or appointed by the Cherokee nation to receive the same and their receipt shall be full discharge for the amount paid to them viz: the sum of two hundred thousand dollars in addition to the present annuity of the nation to constitute a general fund the interest of which shall be applied annually by ithe council of the nation to such purposes as they may deem best for the general good of their people. The sum of fifty thousand dollars to consti- .tute an orphans' fund the annual income of which shall be expended towards

HISTORY OF THE CHEROKEE INDIANS 91

the support and education of such orphan children as are destitute of the means of subsistence. The sum of one hundred and fifty thousand dollars in addition to the present school fund of the nation shall constitute a perm- anent school fund, the interest of which shall be applied annually by the council of the nation for the support of common schools and such a literary institution of a higher order as may be established in the Indian country. And in order to secure as far as possible the true and beneficial application of the orphans' and school fund the council of the Cherokee nation when required .by the President of the United States shall make a report of the applicatio!i of those funds and he shall at all times have the ris^ht if the funds have been misapplied to correct any abuse of them and direct the manner of their ap- plication for the purposes for which they were intended. The council of the nation may by giving two years' notice of their intention withdraw their funds by and with the consent of the President and Senate of the United States, and invest them in such manner as they may deem most proper for their interest. The United States also agree and stipulate to pay the just debts and claims against the Cherokee nation held by the citizens of the same and also the just claims of citizens of the United States for services rendered to the nation and the sum of sixty thousand dollars is appropriated for this purpose but n? claims against individual persons of the nation shall be allowed and paid b\- the nation. The sum of three hundred thousand dollars is hereby set apart .to pay and liquidate the just claims of the Cherokees upon the United States for spoliations of every kind, that have not been already satisfied under form- er treaties.

Commutation cf school fund. Article 11. Ihe Cherokee nation or Indians believing it will be for the interest of their people to have all their funds and annuities under their cwn direction and future disposition herehv agree to commute their permanent annuity of ten thousand dollars for the sum of two hundred and fourteen thousand dolllars, the same to be invested by tl:e President of the United States as a part of the general fund of the nation; and their present school fund amounting to about fifty thousand dollars shall constitute a part of permanent school fund of the nation.

Provision respecting CheTokees averse to removal. Article 12. Those Individ. lals and families of the Cherokee nation that are averse to a removal to the Cherokee country west of the Mississippi and are desirous to become citizens of the States where they reside and such as are qualitied to take care of themselves and their property shall be entitled to receive their due portion of all the personal benefits accruing under this treaty for their claims, improvements and per capita; as soon as an appropriation is made for this treaty.

Such heads of Cherokee families as are desirous to reside within the States of North Carolina, Tennessee and Alabama subject to the laws of the same; and who are qualified or calculated to become useful citizens shall be entitled, on the certificate of the commissioners to a preemption right to one hundred and sixty acres of land or one quarter section at the minimum Con- gress price; so as to include the present buildings or improvements of those

92 HISTORY OF THE CHEROKEE INDIANS

who now reside there and such as do not live there at present shall be per- mitted to locate within two years any lands not already occupied by persons entitled to pre-emption privileges under this treaty and if two or more fam- ilies live on the same quarter section and they desire to continue their resi- dence in these States and are qualified as above they shall, on receiving- their pre-emption certitlcate be entitled to the right of pre-emption to such lands as :they may select not already taken by any person entitled to them under this

treaty.

It is stipulated and agreed between the United States and the Cherokee people that John Ross, James Starr, George Hicks, John Gunter, George Chambers, John Ridge, Elias Boudinot, George Sanders, John Martin, William Rogers, Roman Nose Situwake and John Timpson shall be a committee on the part of the Cherokees to recommend such persons for the privilege of preemp- tion rights as may be deemed entitled to the same under the above articles and ,to select the missionaries who shall be removed with the nation; and that they be hereby fully empowered and authorized to transact all business on the part of the Indians which may arise in carrying into effect the provisions of this treatv and settling the same with the United States. If any of the persons above mentioned should decline acting or be removed by death; the vacancies shall be filled by the committee themselves.

It is also understood and agreed that the sum of one hundred thousand dollars shall be expended by the commissioners in such manner as the com- mittee may deem best for the benefit of the poorer class of Cherokees as shall remove west or have removed west and are entitled to the benefits of this treaty. The same to be delivered at the Cherokee agency west as soon after the removal of the nation as possible.

Settlement of claims for former reservations. Article 13. In order to make a final settlement of all the claims of the Cherokees for reservations granted under former treaties to any individuals belonging to the nation by the United States it is therefore hereby stipulated and agreed and ex- pressly understood by the parties of this treaty — that all the Cherokees and their heirs and descendants to whom any reservations have been made under any former treaties with the United States, and who have not sold or conveyed the same by deed or otherwise and who in the opinion of the commissioners have complied with the terms on which the reservations were granted as far as practicable in the several cases; and which reservations have since been sold by the United States shall constitute a just claim against the United States and the original reservee or their heirs or descendants shall be entitled to receive the present value thereof from the United States as unimproved lands. And all such reservations as have not been sold by the United States and where the terms on which the reser- vations were made in the opinion of the commissioners have been complied with as far as practicable, they or their heirs or descendants shall be entitled to the same. They are hereby granted and confirmed to them — and also

HISTORY' OF THE CHEROKEE INDIANS 9_5

rail persons who were entitled to reservations under the treaty of 18 17 an^.l who as tar as practicable in the opinion of the commissioners, have com- plied with the stipulations of said treaty, althou,i;h by the treaty of 1819 such ^reservations were included in the unceded lands belonging- to the Cherokee nation are hereby confirmed to them and they shall be entitled to receive a grant for the same. And all such reservees as 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 amount by them paid to the States with inerest thereon for such reservations and if obliged to abandon the same, to the present value of such reservations as unimproved lands but in all cases where .the reservees have sold their reservations or any part thereof and conveyed tne same by deed or otherwise and have been paid for the same, they their heirs or descendants or their assigns shall not be considered as having any claims upon the United States under the article of the treaty nor be entitled to receive any compensation for the lands thus disposed of. It is e.xpressh' understood bv the parties of this treaty that the amount to be allowed for .reservations under this article shall not be deducted out of the consideration money allowed to the Cherokees for their claims for spoliations and the cession of th.eir lands; but the same is to lie paid for independently by the United States as it is only a just fulfillment of former treaty stipulations.

Pensions to certain warriors. Article 14. It is also agreed on the part of the United States that such warriors of the Cherokee nation as were en- gaged on the side of the United Sta*:es in the late war with Great Britain and the southern tribes of Indians, and who were wounded in such service shall be entitled to such pensions as shall be allowed them by the Congres•^ of the United States to commence from the period of disabilit\.

Funds to be divided among the Indians. Article 15. It is expressly understood and ai^reed between the parties to this treaty that after deducting; the amount which shall be actually expended for the payment for improve- ments, ferries, claims, for spoliations, removal subsistence and debts and claims upon the Cherokee nation and for the additional quantity of land.-, and t^oods for the poorer class of Cherokees and the several sums to be inveskd for the general national funds; provided for in several articles of this treaty the balance whatever the same may be shall be equally divided between all the people belonging to the Cherokee nation east according to the census just completed; and such Cherokees as have removed west since June 183 3 who are entitled by the terms of their enrollment and removal to all the benefits resulting from the tinal treaty between the United States and the Cherokees east they shall also be paid for their improvements ac- cording to their approved value before their removal where fraud has not already been shown in their valuation.

Indians to remove in two years. Article 16. It is hereby stiplated and agreed by the Cherokees that they shall remove to their new homes within two years from the ratification of this treaty and that durmg such time the United States shall protect and defend them in their possessions and property

94 HISTORY OF THE CHEROKEE INDIANS

and frt'e use and occupation of the same and such persons as have been dis- possessed of their improvements and houses; and for which no grant haj actuallv ii'sued previously to the enactment of the law of the State of Georgia, of December 1835 to regulate Indian occupancy shall be again put in posses- sion and placed in the same situation and condition, in reference to the laws of the State of Georgia, as the Indians that have not been dispossessed; and if this is not done, and the people left unprotected, then the United States shall pay the several Cherokees for their losses and damages sustained by them in consequence thereof. And it is also stipulated and agreed that the public buildings and improvements on which they are situated at New Echota for which no grant has been actually made previously to the passage of the above recited act if not occupied by the Cherokee people shall be reserved for the public and free use of the United States and the Cherokee Indians for the purpose of settling and closing all the Indian business arising under this treaty between the commissioners of claims and the Indians.

The United States, and the several States interested in the Cherokee ■lands shall immediately proceed to survey the lands ceded by this treaty; but 'it is expressly agreed and understood between the parties that the agency buildings and that tract of land surveyed and laid off for the use of Colonel R. J. Meigs Indian agent or heretofore enjoyed and occupied by his successors 'in office shall continue subject to the use and occupancy of the United States, or such agents as may be engaged especially superintending the removal of 'the tribe.

Commissioners to settle claims. Article 17. All the claims arising under or provided for in the several articles of this treaty, shall be examined and adjudicated by such commissioners as shall be appointed by the United States by and with the advice and consent of the Senate of the United States for that purpose and their decision shall be final and on their certificate of the amount due the several claimants they shall be paid by the United States. All stipulations in former treaties which have not been superseded or annulled by this shall continue in full force and virtue.

United Spates to make advances for provisions, clothing, etc. Article

18. Whereas in consequence of the unsettled alfairs of the Cherokee people and the early frosts, their crops are insutficient to support their families and great distress is likely to ensue and whereas the nation will not, until after their removal be able advantageously to expend the income of the permanent funds of the nation it is therefore agreed that the annuities of the nation whkh may accrue under this treaty for two years, the time fixed for then- removal shall be expended in provisions and clothing for the benefit ot the poorer class of the nation; and the United States hereby agree to ad- vance the sum for that purpose as soon after the ratification of 'this treaty as ;ui appropriation for the same shall be made. It is however not intended ,.n this article to interfere with that part of the annuities due the Cherokees west by the treaty of 1 8 19.

HISTORY OF THE CHEROKEE INDIANS 95

Treaty Binding When Ratified. Article 19. This treaty aftji the same ishall be ratified l\v the President and Senate of the United States shall be ob- ligatory on the contracing paries.

Article 20. [Supplemental article. Stricken out by Senate.]

In testimony whereof, the commissioners and the chiefs, head men, and people whose names are hereunto annexed, being duly authorized by the people in general council assembled, have aflixed their hands and seals for .themselves ,and in behalf of the Cherokee nation.

I have examined the foregoing treaty, and although not present when it was made, I approve its provisions generally, and therefore sign it.

Wm. Carroll, J. P. Schermerhorn.

Major Ridge, his x mark; James Foster, his x mark; Test-ta-esky, his x mark; Charles Moore, his x mark; George Chambers, his x mark; Tah-yeske, his X mark; ArchiUa Smith, his x mark; Andrew Ross; William Lassley; Cae- te-hee, his x mark; Te-gah-e-ske, his x mark; Robert Rogers; John Gunter; John A. Bell; Charles F. Foreman; William Rogers; George W. Adair; Ellas Boudinot; James Starr, his x mark; Jesse Half-breed, his x mark [L. S.]

Signed and sealed in presence of —

Western B. Thomas, secretary; Ben F. Currey, special agent; M. Wolfe Batman, first lieutenant, sixth U. S. Infantry, disbursing agent; John L. Hoop- er, lieutenant, fourth Infantry; C. M. Hitchcock, M. D., assistant surgeon, U. S. A.; G. W. Currey; Wm. H. Underwood; Cornelius D. Terhune; John W. Underwood.

In compliance with instructions of the council at New Echota, we sign this treaty.

Stand Watie, John Ridge.

March 1, 1836.

Witnesses:

Elbert Herring, Alexander H. Everett, John Robb, L). Kurtz, Wm. Y. Hansel], Samuel J. Potts, John l.itle, S. Rockwell.

Dec. 31, 1835. 7 Stat., 487. Whereas the western Cherokees have appointed a delegation to visit the eastern Cherokees to assure them of the ifriendly disposition of their people and their desire that the nation should again be united as one people and to urge upon them the expediency of ac- cepting the overtures of the Government; and that, on their removal they may be assured of a hearty welcome and an equal participation with them in all the benefits and privileges of the Cherokee country west and the undersign- ed two of said delegation being the only delegates in the nation from the west at the signing and sealing of the treaty lately concluded at New Echota be- tween their eastern brethren and the United States; and having fully under- stood the provisions of the same they agree to it in behalf of the western Cherokees. But it is expressly understood that nothing in this treaty shall

96 HISTORY OF THE CHEROKEE INDIANS

affect any claim of the western Cherokees on the United States.

In testimony wehereof, we have, this 3 1st day of December. 1835, here- unto set our hands and seals.

James Rogers, John Smith. Delegates from the western Cherokees. Test:

Ben. F. Curry, special agent. M. VV. Batman, first lieutenant. Sixth Infantry. Jno. L. Hooper, lieutenant, Fourth Infantry. Elias Boudinot.

Schedule and estimated value of the Osage half-breed reservations within the territory ceded to the Cherokees west of the Mississippi, (referred to in article 5 on the foregoing treaty,) viz:

Augustus Clamont one section $6,000

James " " " 1,000

Paul " " " 1,300

Henry " " " 800

Anthony " " " 1,800

Rosalie " " " 1,800

Emilia D., of Mihanga 1,000

Emilia D, of Shemianga 1.300

SI 3,000

I hereby certify that the above schedule is the estimated value of the Osage reservations; as made out and agreed upon with Col. A. P. Choteau who represented himself as the agent or guardian of the above reservees.

J. F. Schermerhorn.

March 14, 1835.

March 1, 1836. 7 Stat., 488. Proclamation, May 23, 1836. Supple- mentary article to a treaty concluded at New Echota, Georgia, December 29, 1835, between the United States and Cherokee people.

Whereas the undersigned were authorized at the general meeting of the Cherokee people held at New Echota as above stated, to make and assent to such alterations in the preceding treaty as might be thought necessary, and whereas the President of the United States has expressed his determination not to allow any pre-emptions or reservations his desire being that the whole Cherokee people should remove together and establish themselves in the country provided for them west of the Mississippi river.

Preemption rights declared void. Article 1. It is therefore agreed that all the pre-emption rights and reservations provided for in article 1 2 and 1 3 'shall be and are hereby relinquished and declared void.

Article 2. Whereas the Cherokee people have supposed that the sum of live millions of dollars fixed by the Senate in their resolution of day of

HISTORY OF THE CHEROKEE INDIANS 97

March, 1835, as the value of the Cherokee lands and possessions east of the Mississippi river was not intended to include the amount which may be requir- ed to remove them, nor the value of certain claims which many of their people had against citizens of the United States, which suggestion has been .confirmed by the opinion expressed to the War Department by some of the Senators who voted upon the question and whereas the President is willing that this subject should be referred to the Senate for their consideration and if it was not intended by the Senate that the above-mentioned sum of live millions of dollars should include the objects herein specified that in that case such further provision should be made therefor as might appear to the Senate to be just.

Allowance in lieu of preemptions, etc. Article 3. It is therefore agreed that the sum of six hundred thnusand dnllars shall be and the same is herebv allowed to the Cherokee people to include the expense of their removal, and ■all claims of every nature and description against the Government of the United States not herein otherwise expressly provided for, and to be in lieu of the said reservations and pre-emptions and of the sum of three hundred thousand dollars for spoliations described in the 1st article of the above-men- tioned treaty. This sum if six hundred thousand dollars shall be applied and distributed agreeably to the provisions of the said treaty, and any surplus which may remain after removal and payment of the claims so ascertained shall be turned over and belong to the education fund.

But it is expressly understood that the subject of this arcicle is merely referred hereby to the consideration of the Senate and if they shall approve the same then this supplement shall remain part of the treatv.

Provisions for agency reservations not to interfere, etc. Article 4. It is

also understood that the provisions in article 16, for the agency reservation is not intended to interfere with the occupant right of anv Cherokees should 'their improvement fall within the same.

It is also understood and agreed, that the one hundred thousand dollars appropriated in article 12 for the poorer class of Cherokees and intended as a set-oft' to the pre-emption rights shall now be transferred from the funds of the nation and added to the general national fund of four hundred thousand dollars.

Expense of negotiations to be defrayed by the United States. Article 5.

The necessary expenses attaching the negotiations of the aforesaid treaty and supplement and also of such persons of the delegation as may sign the same .shall be defrayed by the United States.

in testimony whereof, John F. Schermerhorn, commissioner on the part of the United States, and the undersigned delegation have hereunto set their hands and seals, this first day of March, in the year one thousand eight hun- dred and thirty-six.

J. F. Schermerhorn.

98 HISTORY OF THE CHEROKEE INDIANS

Major Ridge, his x mark; James Foster, his x mark; Tah-ye-ske, his x mark; Long- Shell Turtle, his x mark; ohn Fields, his x mark; George Welch, his X mark; Andrew Ross; William Rogers; John Gunter; John A. Bell; Jos. A. Foreman; Robert Sanders; Ellas Boudinot; Johnson Rogers; James Starr, his X mark; Stand Watie; John Ridge; James Rogers; John Smith, his x mark, [L. S.]

Witnesses: Elbert Herring, Thos. Glascock, Alexander H. Everett, Jno. Garland, Major, U. S. Army, C. A. Harris, John Robb, Wm. Y. Hansell. Saml. J. Potts, S. Rockwell.

Chief Ross strenuously objected to it. Slowly and tediously the United .States labored to its fulfillment. Emigration officers backed by an army whicli ■was at first under General John E. Wool and later under General Winfield, two of the most humane officers of the army were dispatched to the Chero- kee nation to superintend the imigration.

Chief Ross was informed of the unalterable intention of the government, by the following communication :

"War Department, March 24, 183 7.

Gentlemen: Your memorial of the l6th instant, addressed to the Pres- ident of the United States, has been laid before him; and I now proceed to communicate to you his decision upon the proposition you have submitted.

The treaty concluded at New Echota, on the 29th of December, 183 5, has been ratified, according to the forms prescribed by the constitution and it is the duty of the Executive to carry into effect all its stipulations, in a spirit of liberal justice. The considerations to which you have invited the at- tention of the President were brought to the notice of the Senate, before they advised its confirmation, and of the House of Representatives, before they made appropriations therein provided for. Their final action must be regard- ed as the judgment of these branches of the Government, upon the degree of weight to which they were entitled. It remains for the Executive to fultill the treaty, as the supreme law of the land.

Your second and third propositions, therefore, it is considered, cannot be acceded to, as they involve an admission that the treaty of 1835 is an in- complete instrument. To your first proposition I can only answer as the De- partment has already assured you, that any measure suggested by you will re- jceive a candid examination, if it be not inconsistent with, or in contraven- ition of. the provisions of the existing treaty. Very respectfully.

Your most obedient servant,

J. R. Poinsett. Messrs. John Ross, R. Taylor, James Brown, Samuel Hunter, John Benger. George Sanders, John Looney, Aaron Price, William Dutch and Wm. S. Goody, Eastern and Western Cherokees.

Washington."

Chief Ross exerted his influence among his people against the idea of emigration until July 1838. If a member' o'f the council died, resigned, wai

HISTORY OF TH ECHEROKEE INDIANS 99

expelled or removed west, his place in the body was tilled bv appointment by Chief Ross.

"Proposition of Cherokee dele.i;ation to General Scott.

Amohe District, Aquohee Camp,

July 23, 1838.

Sir: In respectfully presenting- for your consideration the following suggestions in relation to the removal of the Cherokee people to the West, it may be proper very briefly to advert to certain facts which have an im- portant bearing on the subject.

It is known to you. sir, that the undersigned, delegates of the Cherokee nation, submitted to the honorable Secretary of War the project of a treaty, on the basis of a removal of the Cherokee nation from all "the lands now occupied by them eastward of the Mississippi" and on terms the most of which the honorable Secretary expresses himself as "not unwilling to grant." The present condition of the Cherokee people is such, that all disputes as to the time of emigration are set at rest. Being already severed from their homes and their property — their persons being under the absolute control of the commanding general and being altogether dependent on the benevolence and humanity of that high officer for the suspension of their transportation to the West at a season and under circumstances in which sickenss and death were to be apprehended to an alarming extent, all inducements to prolong their stay in this country are taken away; and, however strong their attachment to the homes of their fathers may be, their interest and their wishes now are only ■to depart as early as may be consistent with their safety, which will appear :from the following extract from their proceedings on the subject:

Resolved by the national committee and council and people of the Chero- kee Nation, in general council assembled. That it is the decided sense and desire of this general council that the whole business of the emigration of our people shall be undertaken by the nation; and the delegation are hereby advised to negotiate the necessary arrangements with the commanding gen- eral for that purpose.

In conformity, therefore, with the wishes of our people, and with the fact that the delegation has been referred by the honorable Secretary o!" War to conclude the negotiation, in relation to emigration, with the com- manding general in the Cherokee country, we beg leave, therefore, very re- .spectfullly to propose;

That the Cherokee nation will undertake the whole business of removins( their people to the West of the Mississippi;

That the emigration shall commence at the time stipulated in a pledge •given to you by our people, as a condition of the suspension of their trans- portation until the sickly season should pass away, unless prevented by some cause which shall appear reasonable to yourself;

That the per capita expense of removal be based on the calculation of one wagon and team, and six riding, being required for fifteen persons;

That the Cherokees shall have- the selection of physicians and other per- sons as may be required for the safe and comfortable conducting of the sev-

100

HISTORY OF THE CHEROKEE INDIANS

eral detachments to the place of destination, their compensation to l^e paid hv the United States.

We have the honor to be your obedient servants,

John Ross, Elijah Hicks, Edward Gunter, Samuel Gunter, Situwak.ee, White Path, Richard Taylor. Major General Winlield Scott,

U. S. Army, Commanding, etc."

General Scott acceded to the proposition of the Cherokee delegation on Julv 23, 1838 with the understanding that the Cherokees take every pre- caution to get all of the Cherokees except certain ones that had been allowed ':to stay and become citizens of the States and such of the treaty party as might object to removal under the superintendence of Ross and his associates'. The arrangement was linally concurred in on the 2 7th of July, " and General Scott fixed the date for the departure of the lirst contingent on the lirst day of Sep- tember 3. On July 3 1st the committee submitted an estimate of transporta- tion for each thousand emigrants, distance eight hundred miles at eighty days .travel, with twenty persons to the wagon: Fifty wagons and teams at a daily expense of S35o. including forage S28,000.

Returning, seven dollars for each twenty miles 14,000

250 extra horses, at 40 cents each per day 8,000.

Ferriages, etc. 1,000.

80,000 rations at 16 cents each 12,800.

Conductor, at five dollars per day 400

Assistant conductor at three dollars per day 240.

Physician at five dollars per day 40o

Returning SI 5. for every hundred miles 120.

Commissary at S2.50 per day 2()o.

Assistant commissary at S2.00 per day 100.

Wagon master, at $2.50 per day 200.

Assistant wagon master, at S2.00 per day l6o.

Interpreter, at S2.5o per dav 200.

Total S65.880.

"Cherokee Agency, August 1, 1838. Gentlemen: in your note of yesterday, y'ou estimate that $65,880. will be the necessary cost of every thousand Cherokees emigrated by land from this to their new country.

As I have already stated to some of you in conversation, I think the esti- mate an extravagant one.

Take the principal item, or basis of your calculation; one wagon and five ^saddle horses for every twenty souls.

HISTORY OF THE CHEROKEE INDIANS 101

I lia\e already consented, with a view to Ii,t;hten the moveniL'nt by land, that all the sick, the crippled and superannuated of the nation should be left at the depots until the rivers be a.i^ain navigable for steamboats. All heavy articles of property, not wanted on the road may wait for the same mode of conveyance.

deducting the persons just mentioned, I am confident that it will be found that among- every thousand individuals, taken in families, without selec- tion, there are at least 5 00 strong men, women, boys and girls not only cap- able of marching twelve or fifteen miles a day, but to whom the exercise would be beneficial, and another hundred able to go on foot half that distance daily. There would then be left according to your basis, onl\ four hundred and fifty individuals, most of them children, to ride, and children are light. The 250 saddle horses or ponies would accommodate as many riders; leav- ,ing but 200 souls to be steadily transporied in fifty wagons, or only four to a wagon.

Now, the wagons are large, and each drawn by five or six horses, (as must be presumed from your high estimate of seven dollars for each wagon going and returning) it strikes me that one such team and five horses ought •to accommodate, on the route, thirty or thirty-five emigrants including sub- sistence for a day or two, from depot to depot.

I repeat, that I do not absolutely reject or cut down your estimate (which I think also too high) in putting down the rations at sixteen cents each. The whole expense of the emigration is to be paid out of appropriations already made by Congress, the general surplus of which is to go to the Cherokee na- tion in various forms; therefore, they have a direct interest in conducting the movement as economically as comfort will permit. Nevertheless, for the reasons stated, I wish the several items of the estimate submitted be reconsid- ered.

I remain, gentlemen, yours respectfully.

'Winfield Scott. Messrs. J. Ross, E. Hicks, J. Brown and others, agents, etc."'

102

HISTORY OF THE CHEROKEE INDIANS

CHARLES THOMl'SOX Chief, November, 1875, to November, 1879.

HISTRY OF THE CHEROKEE INDIANS

103

CHAPTER VI

The Emmigro.tion From Georgia. Cost Detachment. Resolutions of Protest. Political Differences. Civil War Averted.

Under the provisions of tlie treaty of 183 5 and the congressional acts to carry it into effect the Cherokee Nation was entitled to $6,537,634. By the treaty $600,000 were set aside from this amount to defray the expenses of removal-. The detachments were placed under the following conductors:

No. 1.

10.

11.

12.

13.

The number of emigrants turned over to each conductor was kept by Captain Page of the United States army and Captain Stephenson of the United States army made the official report of those that were mustered out in the west.

Conductor

Started

Arrived west Days on

road

Hair Conrad

August 28, 18 38

January 17, 1838

143

Elijah Hicks

Sept.

1, 1838

January 4, 1839

126

Rev. Jesse Bushyhead

Sept.

3, 1838

February 2 7, 1839

178

John Bengi

Sept.

28, 1838

January 11, 18 39

106

Situwakee

Sept.

7, 1838

February 2, 1839

140

Captain Old Field

Sept.

24, 18 38

February 2 3, 1839

153

Moses Daniel

Sept.

20, 1838

March 2, 1839

164

Choowalooka

Sept.

14, 1838

March 1, 1839

162

James Brown

Sept.

10, 1838

March 5, 1839

177

George Hicks

Sept.

7, 1838

March 14, 1839

189

Richard Taylor

Sept.

20, 1838

March 24, 1839

186

Peter Hildebrand

Oct.

23, 1838

March 25, 1839

154^

John Drew

Dec.

5, 1838

March 18, 1839

104-

No.

Page's

Stephenson's

Ross-

Births

Deaths

Desertions

Acces- sions

710

654

729

859

744

858

846

898

950

148

171

1079

1132

1200

1205

1033

1250

841

92 1

983

103 1

924

1035

1 120

970

1 150

745

717

850

1031

1039

1 1 1 8

1 1

897

942

1029

1440

1311

1766

219

231

Totals

10813

1 1494

13149

424

182

191

The original contract for removal was at the rate of $65.88 per capita, to which was added by agreement, Jt proportion of three pounds of soap to every hundred rations, at fifteen cents per pound? making the cost of the

104

HISTORY OF THE CHEROKEE INDIANS

removal of each individual §66.24"'. On this basis, Captain Page, as dis- as "Superintending- Agent of the Cherokee Nation for Cherokee Removal"^ bursing agent of the government paid on November 13. 183 8 to John Ross $776,393.98'l

General Scott agreed to the proposal of Chief Ross that if the estimated eighty days were found in any instance a longer period than was necessary for emigration of any detachment that the ditTerence should be refunded by Chief Ross to General Scott and if a longer time should be required by any of the detachments that Chief Ross should be paid proportionately for the contract of August I, 183 8 was merely an estimate subject to the later agreement and accordingly tiled a claim for an additional $486, 939. So'^. This claim was refused by Secretary of War, Poinsett and President Van Bu^en, but was allowed and paid by John Bell, Secretary of War under John Tyler on September 6, 1841'', just one week before he relinquished the ofi'ice. This second award brought the amount that Chief Ross received for the re- moval to $1,263,338.38 or at the rate of $103.25 per head'. This amount was deducted from the sum that the Cherokees received for their land east of the Mississippi River under the provisions of the treaty of 183 5-. The number of wagons and teams with each of the detachments, were:

No.

Wagons and

Riding

Collec

ed for return of

teams

horses

wagons and teams

288

SI 0080.

344

12040.

3 34

13440.

436

17360.

480

16800.

392

13720.

4 15

14560.

58.

462

16240.

338

1 1 760.

448

15680.

1 1

358

14280.

705

24640."'

Before leaving the Eastern Cherokee Nation, the following resolution was passed by their council. In the light of later happenings, this act is of prime importance, as it shows the spirit of the emigrants.

"Whereas, the title of the Cherokee people to their lands is the most ancient, pure, and absolute, known to man; its date is beyond the reach of human record; its validity confirmed and illustrated by possession and en- joyment, antecedent to all pretense of claim by any other portion of the iumian race:

And whereas, the free consent of the Cherokee people is indispensable to a valid transfer of the Cherokee title; and whereas, the said Cherokee people have, neither by themselves nor their representatives, given such con- sent; It follows, that the original title and ownership of said lands still rest

HISTORY OF THE CHEROKEE INDIANS 105

in the Cherokee Nation, unimpaired and absolute:

Resolved, therefore, by the Committee and Council and People of the Cherokee Nation in General Council assembled, that the whole Cherokee territory, as described in the first article of the treaty of 1819 between the United States and the Cherokee Nation, and, also, in the constitution of the Cherokee Nation, still remains the rit;htful and undoubted property of the said Cherokee Nation; and that all damages and losses, direct or indirect, resnltino from the enforcement of the alk\5ed stipulations of the pretended treaty of New Echota, are in justice and equity, char,t;eable to the account of the United States.

And whereas, the Cherokee people have existed as a distinct national community, in the possession and exercise of the appropriate and essential attributes of sovereignty, for a period extending into antiquity beyond the dates and records and memory of man:

And whereas, these attributes, with the rights and franchises which they involve, have never been relinquished by the Cherokee people; but are now in full force and virtue:

And whereas, the natural, political, and moral relations subsisting among the citizens of the Cherokee Nation, toward each other and towards the body politic, cannot, in reason and justice, be dissolved by the expulsion of the nation from its own territory by the power of the United States Govern- ment:

Resolved, therefore, by the National Committee and Council and People of the Cherokee Nation in General Council assembled, that the inherent sovereignty of the Cherokee Nation, together with the constitution, laws, and usages, of the same, are, and, by the authority aforesaid, are hereby declared to be, in full force and virtue, and shall continue so to be in perpetuity, subject to such modifications as the general welfare may render expedient.

Resolved, further. That the Cherokee people, in consenting to an in- vestigation of their individual claims, and receiving payment upon them, and for their improvements, do not intend that it shall be so construed as yielding or giving their sanction or approval to the pretended treaty of 1835; nor as compromising, in any manner, their just claim against the United States here- after, for a full and satisfactory indemnification for their country and for all individual losses and injuries.

Be it further resolved, That the principal chief be, and he is hereby, authorized to select and appoint such persons as he may deem necessary and suitable, for the purpose of collecting and registering all individual claims against the United States, with the proofs, and report to him their proceedings as they progress.

RICHARD TAYLOR, President of the National Committee. GOING SNAKE, Speaker of the Council. Captain Broom. " Katetah,

Toonowee, Richard Foreman

106 HISTORY OF THE CHEROKEE INDIANS

Samuel Foreman, William,

Howester, Beaver Carrier,

Samuel Christy, Kotaquasker.

Si^ened by a committee in behalf of the whole people.

Aquohee Camp. August 1, 1838^.

Upon arriving- in the western Cherokee Nation Chief John Ross settled at Park Hill. Many of the emigrants camped in the vicinity of his residence, the earliest written communication from this camp which was known as "Camp Illinois," was dated April 23, 1839\ The emigrants camped at this place in large numbers through the spring and summer of that year.

The following letter was written by Chief Ross to the western Cherokees. "Friends: Through the mysterious dispensations of Providence, we have been permitted to meet in general council on the border of the great plains of the West. Although many of us have, for a series of years past, been separated, yet we have not and cannot lose sight of the fact, that we are all of the household of the Cherokee family, and of one blood. We have already met, shook hands, and conversed together. In recognizing and embracing each other as countrymen, friends and relations, let us kindle our social fire, and take measures for cementing our reunion as a nation, by establishing the basis for a government suited to the condition and wants of the whole people, whereby wholesome laws may be enacted and administered for the security and protection of property, life, and other sacred rights, of the community. Our meeting, on this occasion, is full of interest, and is of peculiar importance to the welfare of our people. I trust, therefore, that harmony and good understanding will continue to prevail, and that the questions which may come up for consideration will be maturely weighed previous to a Ihial decision.

The following letter was sent to the Chiefs of the Western Cherokees.

Friends: On the 8th of December, 18^6, I had the satisfaction, with other delegates who were associated with me, of meeting our Western brethren in council, held at Tolunteesky, and submitting before them the proceedings of the Cherokee Nation, east, in general council held at Red Clay on the 28th September, 1836, and of receiving the unanimous ap- proval of the council of the western Cherokee to the same; and also being associated with a delegation appointed by them for the purpose of co-oper- ating and uniting with us in a joint ef!"ort to negotiate a treaty with the United States, for the best interests of the whole Cherokee people. Th; joint proceedings of these delegations, and the result of the mission, have been fully made known to you. Since that period, the eastern Cherokees have done no act to compromise or detract from any of the sentiments ex- pressed in relation to those matters. But after the seizure and captivity of the whole Cherokee people east, by the military power of the United States Government, a set of resolutions was adopted in general council expressive of their sentiments, and reaffirming all their previous acts in relation to the rights and interests of the nation. From these facts, it will be clearly seen that the great body of the people who have recently been removed into this

HISTORY OF THE CHEROKEE INDIANS 107

country, cniiorated in their nr.tional character, with all the attributes, from time immemorial, which belonged to them as a distinct community, and which they have never surrendered; and, although being compelled by the strong arm of po\\'er to come here, yet, in doing so, they have not trespassed or infringed upon any of the rights and privileges of the people are equal. Notwithstanding the late emigrants received in their national capacity, and constitute a large majority, yet there is no intention nor desire on the part of their representatives to propose or require any thing but what may be strictlv equitable and just, and satisfactory to the people. Being persuaded that these feelings will be fully reciprocated, 1 trust the subject matter of this council will be referred to the respective representatives of the eastern and western people; and that, in their joint deliberations, we may speedily come to some satisfactory conclusion for the permanent reunion and welfare of our nation. Without referring in detail to our acknowledged treaties, and other documentary facts to show, I will conclude by remarking that there are great interests of a public and private character yet to be adjusted with the Government of the United States, and which can only be secured by a jusi and amicable course on the part of our nation. The injuries and losses sus- tained by the nation from the whites, in violation of treaty stipulations, holds a strong claim on the justice of the people and Government of tl;e United States, which it is to be hoped will, in the end, be remunerated. The tenure of the soil on \\hich we now stand, and the relations u'hich shall hereafter exist between our nation and the United States, are questions of the tirst magnitude, and necessary to be understood and clearly defined by a general compact, for the security and protection of the permanent welfare and happiness of our nation. Let us never forget this self-evident truth; that a house divided against itself, cannot stand; or, united we stand, divided we fall.

JOHN ROSS.

June 10, 183Q.'"-

It will be noticed that Chief Ross did not address this letter to any one, and in that maimer evaded a written recognition of the western Cherokee otlicers and that he did not append to his signature the customary -'Principal Chief" and thereby palliated differences.

By stating "a set of resolutions was adopted in general council expressive of their sentiments, and reaffirming all their previous acts in relation to the rights and interests of the nation. From these facts, it will be clearly seen that the great body of the people who have recently been removed into this country, emigrated in their national character, with all the attributes, from time immemorial, which belonged to them as a distinct community, and which thev have never surrendered." Reference was made to the act in the old nation, at Aquohee on August 1, 1838. This act was unknown to the western Cherokees, but was published at Washington in H. R. Doc. No. 12') subsequent to March 12, 1840 after which time it became, for the lirst time, accessible to the western Cherokees". The purport of the preceding article obscured by "they have not trespassed or infringed upon any of the rights

108 HISTORY OF THE CHEROKEE INDIANS

and privileges of tliose who were here previous to themselves," caused the following correspondence to he issued by President Vann of the National Coun- cil (Western).

"Takattokah, June 1 1, 1<S.^Q. The national council is unable to act understandingly upon the pro- positions of our brother emigrants from the eastern Cherokee Nation. The subject seems to have been too ambiguously presented by them to be under- stood what their views and real wishes are. The national council respect- fullv request that the chiefs would ask Messrs Ross and Lowry to state, in writing, what they really wish and desire, and to give them in as plain and simple manner as possible, in order that no misconstruction can be had upon the subject. After which, the council will act upon it according to your re- quest, and, if possible, to the satisfaction of our brothers.

A. M. VANN, President National Council. WM. THORNTON, Clerk. Messrs. John Brown, Jolm Looney and John Rogers, Chiefs Cherokee Nation.

We hand this to Messrs. Ross and Lowry. and hope the request of the council will be complied with as soon as convenient. John Brown,

John Looney, John Rogers.

"Council Ground, June 13, 1839. Gentlemen: From the note which you sent us, it appears that you have been requested to ask us, to state in writing what we really wish and desire. We take pleasure to state distinctly, that we desire to see the eastern and western Cherokees become united, and again live as one people, and our sin- cere wish is, that this desirable and important object may be harmoniously ac- complished, to the satisfaction and permanent welfare of the whole Cherokee people.

The representatives of the eastern Cherokees have this day had this im- portant subject under consideration, and have adopted a set of resolutions in reference to it, based upon the strict rules of equity and justice, which we take pleasure in laying before you, with the hope that it may also be adopted by the representatives of the western Cherokees. We are, gentlemen, your obedient servants, George Lowry, John Ross,

Chiefs of the Eastern Cherokees. Messrs, John Brown, John Looney and John Rogers,

Chiefs of the Western Cherokees.'"

"Takattokah, June 13, 183".

Whereas, the people of the Cherokee Nation east, having been captured

and ejected from the land of their fathers by the strong arm of the military

power of the United States Government, and forced to remove west of the

river Mississippi:

HISTORY OF THE CHEROKEE INDIANS \o<)

And, whereas, previous to the commencement of the emigration, meas- ures were adopted in general council of the whole nation on the 31st of Julv and August 1st, iSiS, wherein the sentiments, rights, and interests of the Cherokee people were fully expressed and asserted; and, whereas, under these proceedings the removal took place, and the late emigrants arrived in this country and settled among those of their brethren (who had previously emi- grated) on lands which had been exchanged for, with the United States, by the Cherokee Nation, for lands east of the river Mississippi; and, whereas, the re- union of the people, and the adoption of a code of laws for their future gov- ernment are essential to the peace and welfare of the whole Nation; and, it be- ing agreed upon, that the eastern and western Cherokees henceforward be united as a body politic, and shall establish a government west of the river Mississippi, to be designated the Cherokee Nation; therefore.

Be it resolved, by the Committee and Council of the eastern and west- ern Cherokees, in General Council assembled, that the three chiefs of the eastern and western Cherokees each, to-wit: John Ross, George Lowrv and Edward Gunter. on the part of the Eastern Cherokees and John Brown, John Looney and John Rogers, on the part of the Western Cherokees, are hereby authorized and required to associate with themselves three other persons, to be selected by them from their respective council or committee, and who shall form a select joint committee, for the purpose of revising and drafting a code of laws for the government of the Cherokee Nation, and they be and are here- by required to lay the same before the general council of the nation to be held

at Takattokah on the day of , 183^); and which, when apprnved,

shall be immediately submitted to the people for their acceptance.

Be it further resolved, that the respective laws and authorities of the Eastern and Western Cherokees shall continue to be exercised and enforced among themselves until repealed, and the new government which may be adopted, shall be organized and take etTect, and that in all matters touching the public interest of the nation with the Government of the United States and the Indian nations, the chiefs and representatives of the nation shall act understandingly and jointly in reference to the same, as well also, in the pas- sage of any new laws which may be adopted in council after this date affect- ing the rights, interests, and welfare of the people.

Members of the Committee: Richard Taylor, President Nat. Com.; Daniel McCoy; Hair Conrad; Thomas Foreman; George Still; Richard Fields; G. W. Gunter; James Hawkins; Old Field; Chu-noo-las-kee; William Proctor; George Hicks; Nah- hno-lah; J. D. Woflord.

Members of Council: Going Snake, Speaker; Situwakee; Soft Shell Turtle; Bean Stick; Tah- quoh; John Watts; James Spears; Money Crier; Charles; John Keyes; John Otterlifter; Small Back; Bark; Young Squirrel; Hunter Langley; Walter Downing; Walking Stick; Te-nah-lay-we-stah ; Peter.

Takattokah. June 14, 1830.

Gentlemen: The .National Council has taken up your proposition of

June 13, 1839, and given them due consideration. You state that vour wish-

1 10 HISTORY OF THE CHEROKEE INDIANS

es are to unite the people. As to that matter, it is believed by the National Council that the two people have already been united. Our chiefs have met their brother emigrants, and made them welcome in the country; they are, thereby, made partakers of all the existing laws in the country, enjoy all its benefits; and are, in every respect, the same as ourselves. Since our chiefs have made them welcome, they have come to the chiefs and taken them by the hand, and expressed great satisfaction with the manner in which they have been received. This is sufficient to justify the belief that the people are, in general, very well satisfied; consequently, the National Council cannot justify the course of keeping up the uniting question, merely to protract a debate, when the uniting of the people has already been fully and satisfactorily ac- complished.

As it respects your wishes for your original laws, created beyond the Mississippi, to be brought here, brought to life, and to have full force in this Nation, it is believed by the National Council that such an admission is, and would be, entirely repugnant to the government and laws of the Cherokee, Nation which would thereby create great dissatisfaction among the people. To admit two distinct laws or governments in the same country, and for the government of the same people, is something never known to to be admitted in any country, or even asked for by any people.

A. M. Vann,

President National Committee. Wm. Thornton, Clerk.

Messrs. Ross and Lowry will please receive this as an answer to their propositions.

Respectfully yours, John Brown, John Looney, John Rogers,

Chiefs of the Cherokee Nation. Messrs. John Ross and George Lowry." '

"To the Committee and Council of the Eastern Cherokees

Council Grounds, June 15, 1839.

Gentlemen: Your proceedings of the I3th instant have been submitted before our Western brethren, as will be seen from the accompanying copy of a letter which we addressed to them; and the result of their deliberation on the subject will be found in the copy of a letter receivd from them, bearinv;' date of the 14th instant,, herewith annexed.

You will no doubt feel the regret and surprise that we do, in relation to the singular views entertained and expressed by the signers of this letter.

We deem it our duty to lay before you, at this time, the joint resolutions which were adopted by you, and approved by the people east of the Mississippi on the 2 1st of July and 1st of August 1838; and you, who are the immediate representative of the people, and as guardians of their rights, understandino- their interests, and knowing their sentiments, it is your bounden duty to obey their will when clearly and publicly expressed by themselves; therefore, should

HISTORY OF THE CHEROKEE INDIANS 111

we fail in our representative capacity to come to any satisfactory or definite understanding with those who represent our brethren, in the adoption of meas- ures for reuniting- the people under some provisional arrangements for the establishing a new government, it will become your duty to consult the feel- ings and sentiments of the people, and to take steps for ascertaining their will in reference to this important subject.

Respectfully submitted, John Ross, George Lowry. Messrs. Rd. Taylor, President Committee and Going Snake, Speaker of Council."' The two councils still met at Takatoka, although the meeting places were quite a distance apart and the deliberations of each were absolutely dis- tinct from the other. Upon receiving the above given communication from the Western Cherokee council through Chiefs Ross and Lowry the Eastern Cherokee council answered with :

"Council Grounds, July 19, 1839. The National Committee and Council of the Eastern Cherokees hav- ing had under consideration the communication from those of the Western Cherokees, cannot but express their regret at the course pursued by their west- ern brethren, as well as the views entertained by them on a question so im- portant and so indispensable to the welfare of the great Cherokee family as the reunion of the two Nations.

To the assertions made in that communication, that, "It is believed by the National Committee that the two people have already been united," we are compelled to refuse our assent.

That the ancient integrity of the Eastern Nation should be dissolved, and her existence annihilated without discussion, without conditions, and without action of any kind, is utterly inconceivable; and the rejection by the represent- tatives of our western brethren, of the reasonable proposition to unite the two nations on the basis of the strictest rules of justice and equality, is an act equally unlooked for and surprising. Therefore,

Resolved, that the declarations of the general council of the nation, at Aquohee Camp, on the lirst day of August, 1(S_5S, in reference to attributes of sovereignty, derived from our fathers, be, and they are hereby, reasserted and confirmed.

Resolved, That the proceedings of the committee and council be forth- with laid before the people, that their sen^e may be had upon the subject.

Richard Taylor,

President National Committee. Going Snake,

Speaker National Council. Joim Ross,

George Lowry.'' A call was issued on June 20th for a "general council" of the people of the eastern and western Cherokees to met at the national council at 111-

112 HISTORY OF THE CHEROKEE INDIANS

inois Camp Grounds on Monday the 3 1st day of July, 1839." It was signed by George Guess and Captain Bushyhead. On the twenty-first the following- notice was sent to Agent Stokes.

"Takattokah Council Ground. June 2 1. 1830.

Sir: We deem it our duty to address you on this occasion, for the pur- pose of conmiunicating the result of this general council. You are aware that the olijects for which it was convened were to effect a union of the eastern and western Cherokees and to take measures for remodeling their government and laws so as to meet the exigencies of both branches of the Cherokee family, and to provide equally for the tranquility and permanent welfare of the whole people. But we regret to say that the reasonable propositions submitted to the consideration of the representatives of our western brethren have not been received by them in a manner compatible with the wishes of the whole people. They require the unconditional submission of the whole body of the people, who have lately arrived, to laws and regulations, in the making of which thev have liad no voice. The attempt of a small minority to enforce thier will over a great majority contrary to their wishes appears to us to. be a course so repugnant to reason and propriety, that it cannot fail to disturb the peace of the community, and to operate injuriously to the best interests of the nation. We are not without hopes, however, that everything will yet be amicablv settled. The sense of the people who form a branch of this general council, has been expressed on the subject. They deem it essential to the welfare of the nation that the desired union should be formed, and equal and wholesouT^ laws established, by which the general prosperity and happiness of the countrv may be proomted; and to carry their wishes into eftect, they have called a national convention of the eastern and western Cherokees, to meet at Ill- inois Camp Ground, on Monday, July 1, 18 30.

Under these circumstances, we feel it due to the interests of the late emi- grants, as well as to all concerned, to request, through your official authority, that no disbursements of moneys due to those whom we represent, nor any other business of a public character affecting their rights be made or transact- ed by the agent of the Government with any other Cherokee authority than the undersigned, until a reunion of the people shall be eifected.

We have the honor to be, sir, very rsepectfully your friends and brothers, John Ross, Principal Chief, Richard Taylor, President National Com.

George W. Gunter, George Hicks, Thomas Foreman, Hair Conrad, George Hicks, William Proctor, James Hawkins, James D. Woflord, George Still, Old Field, Nah-hoolah, Chu-noo-lu-hus-kee, Culsaltehee. Governor M. Stokes,

United States Agent.'"

Three men had been mainly instrumental in making the treaty of 183,5. They were Major Ridge, a full blood Cherokee of the Deer clan, born at Hiwassee in 1771. When still a young man he adopted the manner of living of the white man, mastered their language and became a well educated man. This course was at that time very unpopular, as the great mass of the Chero-

HISTORY OF THE CHEROKEE INDIANS 1 1 ;,

kees were stil full Moods and very jealous of their old customs and anv full blood that would attempt in any way to take up the ways of the backwoods provincials was certain to incur the scorn of his tribesmen. But bv sheer force of character, integrity and worth he gradualy forced himself to a high place in the nation. He had been president of the committee and was a major ot the Cherokee allies of the Americans in the Creek war of l 8 14. His son, John Ridge, aged about forty years, had been educated in Cornwall. Connecticut, and had returned to the Cherokee nation in 1.S22. He was a close observer, a brilliant and convincing orator. The third of this trio was Elias Boudinot, born in 1804. He was the son of Oowatie, the interpretation of whose name was the ancient or revered. Oowatie was a full brother of Major Ridge. Killakeena or Buck (male deer) Oowatie or as they were later known as Watie, while on his way to school at Cornwall, where he attended with his cousin John Ridge, met in Philadelphia, Elias Boudinot of New Jersey, a signer of the national constitution and one of the most prominent men of his day. On account of some favor that he conferred, the boy Buck Watie adopted the name of his benefactor. Boudinot like his uncle and cousin had early ascended to high places in the councils of the nation and the three men seeing the hopeless condition of their exploited people in the east had made the treaty of 1<S35 that secured to the Cherokee Nation a splendid home in the west. Men of keen discernment, eloquent and fearless they were public- ists to be dreaded.

Before daylight on the morning of Satiu'day, June 22, IS^O the home of John Ridge, near the northwest corner of Arkansas, was surrounded, en- tered and he was dragged into the _\ard where two men held his arms while others of their party stabbed him repeatedly and then severed his jugular vein. A few hours later during the same morning while his father, Major Ridge, was traveling southward along the Cherokee Nation — Arkansas line road, he was fired on by an ambushed party and killed. This was some twenty-five or thirty miles from the scene of the meurder of the son. At about the same time as the killing of Major Ridge, Elias Boudinot was shingling a new house near his residence and withing two miles of the residence of Chief John Ross. Three Cherokees appeared and requested medicine of a sick child of one of the party. Mr. Boudinot had studied medicine so that he could give gratuitous services and medicines to the needy. He started with them to get the re- quired treatment when one of the three stepping behind struck him in the spine with a bowie knife and his groan was the signal for the others to dispatch him with tomahawks. The place of his death was about thirty miles from the murder of Major Ridge and tifty miles from the assassination of John Ridge. Immediately after his death, Mrs. Boudinot sent word by Rufus Mc- Williams to Stand Watie and Watie sent his slave, Mike, to inform Johi> Adair Bell, and in this manner those two escaped mobs that hunted them. Three da_vs later a party that was hunting Stan Watie, searched the house of Rev. Samuel A. Worcester in their quest

Chief Ross notified General Arbuckle on the twenty-second of the kill- ing of Elias Boudinot and that Mrs. Boudinot had informed him that Stan

1 14 HISTORY OF THE CHEROKEE INDIANS

Watie had determined on raising a company of men for the purpose of tak- ing Ross' life. He further wrote "I trust that you will deem it expedient forth- with to interpose and prevent the effusion of innocent blood, by executing- your authority, in order that an unbiased investigation might be had in the matter."' General Arbuckle invited Chief Ross to the post at Fort Gibson if he still thought that there was any danger, he also invited Chiefs Brown. Looney and Rogers to come to the post by the twenty-fifth so that they might concert action to avoid civil strife." Chief Ross on the twenty-third asked that a detachment of troops be sent to protect him."'

"Headquarters, Ind. Dept W. Division.

Fort Gibson, June 24, 183^^.

Dear Sir: A number of friends of Messrs Ridge and Boudinot are here. I have advised t-hem of your desire to have a full investigation of the late murders committed in your nation. This, they declare, is all they desire; and they have requested me to say to you that they expect that you will take im- mediate measures to have the murderers apprehended and brought to trial, agreeably to the laws of the Cherokee Nation. Justice to you requires that I should state to you that they have informed me that they have heard that some of the murderers are now at your house. If this is the case, I must believe that you are not apprized of the fact; and if, on inquiry, the report made to me on this subject is correct, the troops sent out will take charge of them if turned over, and convey them in safety to this post. I hope you will avail yourself of the opportunity of the command to visit this post, as I expect the chiefs named to you in my letter of the 23rd ultimo will be here this evening or early tomorrow morning.

I am, sir, with much respect, your obedient servant.

M. Arbuckle,

Brevet Brig. General, U. S. A. John Ross, Esq. Principal Chief of the Emigrant Cherokees, Illinois."

Chief Ross on account of the disturbed condition of artairs which caused '.bodies of men to congregate for protection or reprisal, both among the east- ern and western Cherokees, refused to attend the proposed meeting at Fort Gibson except that he be allowed to bring a large body guard of emigrant Cherokees with him.

Fort Gibson, June 28, 1839.

Friends and Brothers: We the undersigned, principal chiefs of the Chero- kee Nation, having been invited to this post by General Arbuckle, the com- mandant of the United States troops in this quarter, to take into consideration matters of the greatest importance to the peace and prosperity of our nation. We have met here in accordance with that invitation.

We have received information that three of our people, or three Chero- kees who had been received as citizens of our nation, have been killed, and, it is believed, by some of the late emigrants. This has caused us much sorrow .ind distress. And we learn, further, that other Cherokees are threatened with death wholly or principally for their political acts. This is not all we have

HISTORY OF THE CHEROKEE INDIANS 115

'O complain of, as it would appear from a communication made by John Ross and other principal men of the late emigrants to General Stokes, Cherokee Agent, under date of the 21st June, that the late emigrants have called what ■'hey denominate a convention of the Cherokee Nation, on Monday, the 1st day of July next, to establish a government for the Cherokee Nation, with- out the least notice having" been given to the undersigned. It must he appar- ent to Mr. John Ross, and to those who have called this meeting, that these proceedings are altogether irregular; and we feel ourselves bound to protest against all acts that may be passed by the said', nominal convention of th^ Cherokee Nation, that may have the eflect to impair the free and undisturb- ed authority of said Nation as it existed and was in force before the arrival of • he late emigrants, all of whom have been received as friends and as citizens of the present Cherokee Nation, and allowed fully to participate and enjoy all the privileges and benefits thereby secured to the Cherokee people. It is be- lieved that this kind and just treatment on our part would have been received in the spirit in which it was offered; and that, if our present form of govern- ment was not altogether satisfactory to our brethren late in the east, they would, at an early period, have an opportunity of having a share in that gov- ernment, when the desired changes might be made.

The undersigned wish nothing but peace and friendship from their broth- ers late from the east; but, as it appears they are not satisfied, and that mis- chief has already taken place, the undersigned, in the hope and wish to spare the futher shedding of Cherokee blood, will agree to meet their eastern brethren upon the following terms:

That no individual of the Cherokee Nation shall be killed hereafter for

their former political acts or opinions; that a convention of the Cherokee

Nation shall be held at Fort Gibson, in which both parties shall be equally

represented; and that the said convention shall have power to remodel the

overnment of the Cherokee Nation.

The undersigned do not wish to dictate, or arbitrarily to determine, the number of which this proposed convention shall consist; but they believe that sixteen men from each party, of good understanding and approved character, would be a sufficient number to form a convention calculated to harmonize and reunite the whole Cherokee people; and that they have power to elect a president.

If these propositions are acceeded to, it is the sincere belief of the under- signed that it will tend to the reestablishment of peace and confidence in the Cherokee Nation, and greatly promote the happiness and prosperity of the people. If these just and reasonable propositions shall be accepted by our eastern brethren, we shall be much gratified; but if they are disregarded, and an appeal to arms be determined on, however much we may deplore the shed- ding of more Cherokee blood, and the disasters of such a conflict, we and our friends must meet it, as men unwilling to surrender our own rights, or to in- vade the rights of others.

If we shall have the good fortune to hear that these propositions, how- ever uncalled for, are accepted by our eastern friends, we further propose, that

,, ,5 HISTORY OF TH ECHEROKEE INDIANS

he convention meet ;U Fort Gibson, on the twenty-tlfth day of July next, and proceed to consider and decide upon the important matters confided to them.

The undersigned regard it as a respect due to themselves, and to the Cherokee people, distinctly to state to the principal men of the late emigrants, ihat they are not insensible of the indignity otfered to the Cherokee govern- ■ment and themselves by the late outrages and acts which have been com- mitted in the Cherokee Nation by the late emigrants, and could not, for any other motive than that given, as the thought of making a further concession +o them, which they do not conceive they are in justice entitled to. John Smith, his x mark, John Rogers,

John Looney, his x mark. John Brown,

Executive Council. Witnesses:

M. S'tokes, Agent for Cherokees,

S. G. Simmons, 1st Lieut. 7th Infantry. John Ross, Esq..

And other chiefs and principal men of the emigrant Cherokees.'"

Fort Gibson, June 20, 18^0. Gentlemen: We have the pleasure of enclosing, herewith, a com- munication to you from the chiefs of the Cherokee Nation, which we hope will be acceptable to you and your people who have arrived here of late from the east; as a compliance with the propositions now made to the late emigrants will, at an early period, enable them to enjoy a full participation in the gov- ernment of the Cherokee Nation, when such alterations in the government can be made as will secure justice to the whole nation.

If the proposition now made to you by the old settlers be rejected, we can scarcely doubt that serious difficulties and misfortunes will happen to the Cherokee people at an early period, which we hope you will cordially assist us to prevent. We have done all we could with the chiefs' and others here to induce them to make the accompanying proposition to you, which we hope and believe you ought to accept, and that you should, without delay, take measures to prevent the further eftusion of Cherokee blood. A report was received here yesterday that a party of Cherokees are now ranging through the country about Honey creek, with the object of killing three Cherokees; two of them for former political oft'enses, and the other, as it is supposed, for an ortense of a personal nature.

We believe that two governments cannot exist in the Cherokee Nation without producing a civil war, and are of the opinion that the government that \ existed before the arrival of the late emigrants should continue until it is Changed in a regular and peaceable manner. We hope that you will take the proposition of the chiefs into consideration, and make an early decision, as some of the chiefs and others will remain here until they know the result.

We are, gentlemen, \\ith nuich respect, your obedient servants, M. Arbuckles, Brevet. Brig. General, U. S. A.

^- '"^t^ikes, Agent for Cherokees.

HISTORY OF THE CHEROKEE INDIANS 117

John Ross Esq. and other Chiefs,

or Principal Men of the late emigrant Cherokees."'

"Park Hill, June 30, ISV).

Gentlemen: "^'ours, wiih the accompan_\ing communication, by Captain McCall, has been duly received, and is under serious consideration.

We perfectly concide with your judg'ment that two governments cannot and ought not, fo exist in the Cherokee Nation any longer than arrange- ments can be made for uniting the two communities; and, in conformity witli these views, we have used our best endeavors to bring about this desirable ^vent, in a manner which might be satisfactory to all parties and by which all -ights might be provided for, and the peace and well being of the Cherokees permanently secured.

We claimed no jurisdiction over our western brethren, nor can we, con- sistent with the responsibilities with which our constitutents have invested us, recognize their jurisdiction over us. We claim to stand on equal ground; we ask for no concessions, nor for any admissions which would be humiliating in the slightest degree. We have no wish to trample on their laws, nor disre- gard their rights. And, as proof that we entertained no such disposition, we have not availed ourselves of the advantage of superior numbers in our in- tercourses with them.

When they refused to mingle councils with us, for free conversation on our affairs, and requested that our wishes might be reduced to writing, we ottered to meet them on equal ground. But our just and reasonable over- tures were unconditionally rejected by them, and our communication treated with contempt. We have no disposition, however, to stand upon punctilios, but what are we to understand by the proposition now made (and even these, rigorous as they are, it appears, are yielded with reluctance, through your in- fluence and at your instance.) Is it required that the late emigrants relinquish all their rights, and appear before the western chiefs in the attitude of sup- pliants? if such be their wish, and we are compelled to say that we do nor believe our brethren, the western people, have the least desire to reduce us to so abject a condition. Indeed, they have expressed their sentiments; and, in the exercise of their inalienable and indefeasible rights, have appointed a .national convention for Monda_\', July 1, 18 3'^; and. for ourselves, \\-e are un- able to perceive any irregularity in their proceedings; they formed an integral branch of the late general council. Their acts were perfectly legitimate, and we cannot assume the responsibility of protesting against them, or of declar- ing them invalid.

it appears to us that the western chiefs, in their communication, blend questions which, in their nature, are altogether separate and distinct, and, in so doing, have fallen into glaring inconsistencies. While the eastern Chero- kees are denied recognition in the character of a political community, and their representatives are by the western chiefs stripped of their oflicial re- lations to the people, it would seem somewhat out of character to lay on the shoulders of these private individuals the burden of controlling the ebulition of the public feeling, and stopping the effusion of Cherokee blood. Regard-

118 HISTORY OF THE CHEROKEE INDIANS

less, however, of this inconsistency, we feel forward to use our influence and exert our utmost efforts to stay the hand of violence, and restore tranquility with the, least possible delay.

We have thought it proper to say this much in advance, by Captain Mc- Call, the subject being still under serious consideration. Entertaining the hope that all excitement may be allayed, and a satisfactory accommodation speedily effected.

We have the honor to be, gentlemen, your obedient servants, iohn Ross, George Lowry, Edward Gunter, Lewis Ross.

In behalf of the eastern Cherokees. Brig. Gen. M. Arbuckle,

United States Army and His Excellency, Governor M. Stokes,

United States Agent."

P. S. Of the report of a party of Cherokees, "ranging through the country at Honey creek with the object of killing three Cherokees," we have heard nothing, except what is contained in your letter. But we beg you to be assured that no pains, on our part, shall be spared to put a stop to all such proceedings."

In answer to the letter of the western Cherokees inviting them to a con- ference to be held at Fort Gibson on the twenty-fifth day of July the eastern Cherokees reiterated their invitation to the western Cherokees to attend the convention to be held at Camp Illinois on July 1, 1839.- Chief Ross inform- ed William Armstrong, Superintendent of Indian Affairs, on June 3 0th that armed men were congregated in his vicinity "for the sole purpose of acting on the defensive."'" The convention was convened at the Illinois Camp ground on August 1, 1839. Two thousand Cherokees were in attendance In- cluding five old settlers: George Guess, Tobacco Will, David Melton, Looney Price and William Shory Coody.* Invitations were sent to the Old Settler chiefs on the second and fifth day of the month to attend and participate. But the fate of the Ridges and Boudinot and the large body of armed emigrants at the convention was not reassuring to free speech and action.

"In National Convention, Illinois Camp ground, July 12, 1839.

Sir: We deem it proper to report further to you, for your information, the proceedings of the national convention in reference to the late excite- ment.

In order effectually to stop the further effusion of blood, the convention has, by decree, buried all past grievances in oblivion, on the sole condition of the parties giving assurance to maintain the peace in future.

Measures have been taken to inform those persons who claimed pro- tection at the fort of these proceedings so that the collecting their friends to "secure themselves from violence is rendered altogether needless.

These provisions, which are in exact conformity with your wishes as well as with our own, will prove to you our determination to prevent mischief and to promote peace.

HISTORY OF THE CHEROKEE INDIANS 119

We have the honor to be, sir, your friends and obedient, humble servants, George Lowry, President, i^eorge Guess, Vice President,

Elijah Hicks, Secretary, John Ross.

By order of the National Convention. Brevet Brig. Gen. M. Arbuckle,

United States Army, Commanding.'"

It was required by this act that the prominent treaty men to which it related should appear at the Illinois Council ground, confess their sorrow for having signed the treaty of 1835 and pledge themselves to live peaceably, upon which event they would be permitted to live, but would be inelegible to hold office in the nation of five years.^ This act was abrogated on January 16. 1840.-

Amnesty to the murderers of Boudinot and the Ridges was granted by:

■'Know all men by these presents, that, in order to stop the further ef- fusion of blood, to calm the present unhappy excitement, and to restore peace and harmony and confidence in the community, we, the people of the eastern and western Cherokees in national convention assembled, in our name, and by the authority and the exercise of cur plenary powers, do ordain and decree, and by these presents it is ordained and decreed accordingly, that a full, free pardon and amnesty be, and is hereby granted to all persons, citizens of the eastern and western Cherokee nation, who may be chargeable with the act of murder or homicide, committed on the person of any Cherokee previously to the passage of this decree, whether the same may have been committed with- in the limits of the eastern or western Cherokee country or elsewhere. And by the authority aforesaid, we do further ordain and decree, that all persons so chargeable are, and by these presents are declared to be, fully exempted, re- leased, and discharged from all liability to prosecution, punishment, or dis- abilities of any kind whatever, on the aforesaid account; and that they be re- stored to the confidence and favor of the community, and to the enjoyment and protection, and benefits of the laws, to all intents and purposes, as if the act or acts for which they stand chargeable had not been committed.

Given under our hands, at Illinois camp ground, this lOth day of July 1839. By order of the national convention.'

The following act of union between the eastern and western Cherokees was signed on August 12, 1839.

120

HISTORY OF THE CHEROKEE INDIANS

DENNIS B. BITSHYHEAD November, 1879, to Jauuary, 1888

HISTORY OF THE CHEROKEE INDIANS 121

CHAPTER VII Ad of Union Between The Eadern And Western Cherokees

Where;is our Fathers have existed, as a separate and distinct Nation, in the possession and exercise of the essential and appropriate attributes of sover- eignty from a period extending into antiquity, beyond the records and mem- ory of man: And Whereas these attributes, with the rights and franchises which they involve, remain still in full force and virtue, as do also the national and social relations of the Cherokee people to each other and to the body politic, excepting in those particulars which have grown out of the provisions of the treaties of 1817 and 1819 between the United States and the Cherokee Nation, under which a portion of our people removed to this country and be- came a separate community: But the force of the circumstances having re- cently compelled the body of the Eastern Cherokees to remove to this country, thus bringing together again the two branches of the ancient Cherokee family, it has become essential to the general welfare that a union should be formed, and a system of government matured, adapted to their present condtion, and providing equally for the protection of each individual in the enjoyment of all his rights:

Therefore we, the people composing the Eastern and Western Cherokee Nation, in National Convention assembled, by virtue of our original and un- alienable rights, do hereby solemnly and mutually agree to form ourselves into one body politic, under the style and title of the Cherokee Nation.

In view of the union now formed, and for the purpose of making satis- factory adjustments of all unsettled business which may have arisen before the consummation of this union, we agree that such business shall be settled according to the provisions of the respective laws under which it originated, and the Courts of the Cherokee Nation shall be governed in their decisions accordingly. Also, that the delegation authorized by the Eastern Cherokees to make arrangements with Major General Scott for their removal to this country shall continue in charge of the business, with their present powers, un- til it shall be finally closed. And also that all rights and title to public Chero- kee lands on the east or west of the river Mississippi, with all their public in- terests which may have vested in either branch of the Cherokee family, wheth- er inherited from our Fathers or derived from any other source, shall hence- forward vest entire and unimpaired in the Cherokee Nation, as constituted by this union.

Given under our hands, at Illinois Camp-ground, this 12th day of Jul;. 1830.

By order of the National Convention:

GEORGE LOVVRY, President of the Eastern Cherokees, GEORGE GUESS, his x mark.

Eastern Cherokees: R. Taylor, V. P.; James Brown, V. P.; Te-ke-chu- las-kee, V P.; George Hicks; John Benge; Thomas Foreman; Archibald Campbell; Jesse Bushyhead; Lewis Ross; Edward Gunter; Te-nah-la-we-stah;

122 HISTORY OF THE CHEROKEE INDIANS

Stephen Foreman; Daniel McCoy. By order of the National Convention. JOHN ROSS, Principal Chief Eastern Cherokees. GOING SNAKE, Speaker of Council.

Western Cherokees: Tobacco Will, V. P.; David Melton, V. P.; John Drew, V. P.; George Brewer; Thomas Candy; Moses Parris; James Camp- bell; Loony Riley; Charles Gourd; Lewis Melton; Young Wolf; Charles Coodey; Ah-sto-la-ta; Jack Spears; Looney Price. By order of the National Convention. August 23, 1830. JOHN LOONEY, His x mark.

Acting- Principal Chief Western Cherokees

The foregoing instrument was read, considered, and approved by us this 2 3d day of August, 1839.

Aaron Price, Major PuUum, Young Elders, Deer Track, Young Puppy, Turtle Fields, July, The Eagle, The Crying Buffalo and a great number ot respectable Old Settlers and late Emigrants, too numerous to be copied.

It being determined that a constitution should be made for the inchoate government, men were selected by its sponsors, from those at the IlIinoi> Camp ground, including as many western Cherokees as could be induced to sign it; their number being less than two dozen out of a total of eight thous- and.-' The constitution as drafted by William Shory Coody, was accepted by the Convention:

Constitution of The Cherokee Nation.

The Eastern and Western Clierokees having again re-united, and become one body politic, under the style and title of the Cherokee Nation: Therefore,

We, the people of the Cherokee Nation, in National Convntion assembl- ed, in order to establish justice, insure tranquility, promote the common wel- fare, and secure to ourselves and our posterity the blessings of freedom — acknowledging, with humility and gratitude, the goodness of the Sovereign Ruler of the Universe in permitting us so to do, and imploring His aid and guidance in its accomplishment — do ordain and establish this Constitution for the government of the Cherokee Nation.

Article I.

Sec. 1. The boundary of the Cherokee Nation shall be that described in the treaty of 1833 between the United States and Western Cherokees, subject to such extension as may be made in the adjustment of the unfinished business with the United States.

Sec. 2. The lands of the Cherokee Nation shall remain common prop- erty; but the improvements made thereon, and in the possession of the citizens of the Nation, are the exclusive and indefeasible property of the citizens re- spectively who made, or may rightfully be in possession of them: Provided, I hat the citizens of the Nation possessing exclusive and indefeasible right to their miprovements, as expressed in this article, shall possess no right or power to dispose of their improvements, in any manner whatever, to the United Mates individual States, or to individual citizens thereof; and that, whenever any citizen shall remove with his effects out of the limits of this Nation, and

HISTORY OF THE CHEROKEE INDIANS

12 1

become a citizen of any other Governnunt, all liis rights and privileges as a citizen of this Nation shall cease: Provided, nevertheless, That the National Council shall have power to re-admit, by law. to all the rights of citizenship, any such person or persons who may, at any time, desire to return to the Nation, on memorializing the National Council for such readmission.

Article II.

Sec. 1. The power of the Government shall be divided into three dis- tinct departments — the Legislative, the Executive, and the Judicial.

Sec. 2. No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases liereinafter expressly directed or permitted.

Article III.

Sec. 1. The Legislative power shall be vested in two distinct branches — a National Committee, and Council; and the style of their acts shall be — Be it enacted by the National Council.

Sec. 2. The National Council shall make provision, by law, for laying ofi the Cherokee Nation into eight Districts; and if subsequently it should be deemed expedient, one or two may be added thereto.

Sec. 3. The National Committee shall consist of two members from each District, and the Council shall consist of three members from each Dis- trict, to be chosen by the qualified electors in their respective Districts for two years; the elections to be held in the respective Districts every two years, at such times and place as may be directed by law.

The National Council shall, after the present year, be held annually, to be convened on the first Monday in October, at such place as may be designat- ed by the National Council, or, in case of emergency, by the Principal Chief.

Sec. 4. Before the Districts shall be laid off, any election which may take place shall be by general vote of the electors throughout the Nation for all offices to be elected.

The first election for all the ofticers of the Government — Chiefs, Ex- ecutive Council, members of the National Council, Judges and Sheriffs — shall be held at Tah-le-quah before the rising of this Convention; and the term of service of all ofticers elected previous to the first Monday in October 1839, shall be extended to embrace, in addition to the regular constitutional term, the time intervening from their election to the first Monday in October, 1830.

Sec. 5. No person shall be eligible to a seat in the National Council but a free Cherokee male citizen who shall have attained to the age of twenty- five years.

The descendants of Cherokee men by free women except the African race, whose parents may have been living together as man and wife, accord- ing to the customs and laws of this nation, shall be entitled to all the rights and privileges of this Nation, as well as the posterity of Cherokee women by all free men. No person who Is of negro or mulatto parentage, either by

124 HISTORY OF THE CHEROKEE INDIANS

the father or mother's side, shall he eligible to hold any otl'ice of prolit, honor, or trust under this Government.

Sec. 6. The electors and members of the National Council shall in al! cases, except those of treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and at the National Council, in going to and returning.

Sec. 7. In all elections by the people, the electors shall vote viva voce.

All free male citizens, who shall have attained to the age of eighteen years shall be equally entitled to vote at all public elections.

Sec. 8. Each branch of the National Council shall judge of the quali- fications and returns of its own members; and determine the rules of its pro- ceedings; punish a member for disorderly behaviour, and, with the concur- rence of two thirds, expel a member; but not a second time for the same of- fence.

Sec. 9. Each branch of the National Council, when assembled, shall choose its own officers; a majority of each shall constitute a quorum to do business, but a smaller number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalty as each branch may prescribe.

Sec. 10. The memliers of the National Council, shall each receive from the public Treasury a compensation for their services which shall be three dollars per day during their attendance at the National Council; and the mem- bers of the Council shall each receive three dollars per day for their services during their attendance at the National Council, provided that the same may be increased or diminished by law, but no alteration shall take efTect during the period of service of the members of the National Council by whom such alteration may have been made.

Sec. 11. The National Council shall regulate by law by whom and in what manner, writs of elections shall he issued to fill the vacancies which may happen in either branch thereof.

Sec. 12. Each member of the National Council, before he takes his seat, shall take the following oath, or aflirmation: 1, A. B. do solemnly swear (or affirm, as the case may be,) that 1 have not obtained my election by brib- ery, treats, or any undue and unlawful means used bv myself or others by niv desire or approbation for that purpose; that I consider mvself constitutionaH'v

qualilied as a member of , and that on all questions "and measures which

may come before me I will so give my vote and so conduct myself as in my judgment shall appear most conducive to the interest and prosperity of this Nation, and 1 will bear true faith and allegiance to the same, and to the ut- most ot my abihly and power observe, conform to, supp.ul and defend the Constitution thereof.

^''^'C 13. No person who may be convicted of felony shall be eligible to any otfce or appointment of honor, profit, or trust within this Natiom TH r.^, ,' !'''"""'" ^°""'" ''^''" '^''1^'^ "le Vower to make all laws

1 Nuio 'T- T ^^ il''- '"'• '"'" "'^"^^■^^>' =^"'^ P'-^P^'- f^-- the good 01 tlK Nation, which shall not be contrary to this Constitution

HISTORY OF THE CHEROKEE INDIANS 125

Sec. 15. It shall be the duty of the National Council to pass such laws as may be necessary and proper to decide differences by arbitration, to be appointed by the parties, who may choose that summary mode of adjustment.

Sec. 16. No power of suspending- the laws of this Nation shall be ex- ercised, unless by the National Council or its authority.

Sec. 1 7. No retrospective law, nor any law impairing- the obliuation of contracts, shall be passed.

Sec. 18. The National Council shall have power to make laws for lay- ing and collecting taxes, for the purpose of raising a revenue.

Sec. 19. All bills making appropriations shall originate in the National Committee, but the Council may propose amendments or reject the same; all other bills may originate in either branch, subject to the concurrence or re- jection of the other.

Sec. 20. All acknowledged treaties shall be the supreme laws of the land, and the National Council shall have the sole power of deciding on the construction of all treaty stipulations.

Sec. 2 1. The Council shall have ihe sole power of impeaching. All impeachments shall be tried by the National Committee. When setting for that purpose the member shall be upon oath or affirmation; and no person shall be convicted u-ithout the concurrence of two-thirds of the members pres- ent.

Sec. 2 2. The Principal Chief, assistant Principal Chief, and all civil officers shall be liable to impeachment for misdemeanor in office; but judg- ment in such cases shall not be extended further than removal from office and disqualification to hold an office of honor, trust, or profit under the Gov- ernment of this Nation.

The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgn-ient and punishment according to law.

Article IV.

Sec. 1. The Supreme Executive Power of this Nation shall be vested in a Principal Chief, who shall be styled the Principal Chief of the Cherokee Nation.

The Principal Chief shall hold his office for the term of four years; and shall be elected by the qualified electors on the same day and at the places where they shall respectively vote for members of the National Council.

The returns of the election for Principal Chief shall be sealed up and directed to the President of the National Committee, who shall open and pub- lish them in the presence of the National Council assembled. The person hav- ing the highest number of votes shall be Principal Chief; but if two or more shall be equal and highest in votes, one of them shall be chosen by joint vote of both branches of the Council. The manner of determining contested elec- tions shall be directed by law.

Sec. 2. No person except a natural born citizen shall be eligible to the office of Principal Chief; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years.

126 HISTORY OF THE CHEROKEE INDIANS

Sec. 5. There shall also be chosen at the same time by the qualified electors in the same manner for four years, an assistant Principal Chief, who shall have attained to the age of thirty-five years.

Sec. 4. In case of the removal of the Principal Chief from office, or of his death or resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the assistant Principal Chief until the disability be removed or the vacancy filled by the National Council.

Sec. 5. The National Council may by law provide for the case of re- moval, death, resignation, or disability of both the Principal and assistant Principal Chief, declaring what officer shall then act as Principal Chief until the disability be removed or a Principal Chief shall be elected.

Sec. 6. The Principal Chief and assistant Principal Chief shall, at stated times, receive for their services a compensation which shall neither be in- creased nor diminished during the period for which they shall have been elected; and they shall not receive within that period any other emolument from the Cherokee Nation or any other Government.

Sec. 7. Before the Principal Chief enters on the execution of his of- fice, he shall take the following oath or affirmation:

"1 do solemnly swear, or affirm, that I will faithfully execute the duties of Principal Chief of the Cherokee Nation, and will, to the best of my ability, preserve, protect, and defend the Constitution of the Cherokee Nation."

Sec. 8. He may, on extraordinary occasions, convene the National Coun cil at the seat of Government.

Sec. 9. He shall from time to time, give to the National Council in- formation of the state of the Government, and recommend to their consider- ation such measures as he may deem expedient.

Sec. to. He shall take care that the laws be faithfully executed.

Sec. 11. It shall be his duty to visit the dilTerent districts at least once in two years, to inform himself of the general condition of the country.

Sec. 12. The Assistant Principal Chief shall, by virtue of his office, aid and advise the Principal Chief in the administration' of the government at all times during his continuance in office.

Sec. 1 i. Vacancies that may occur in offices, the appointment of which IS vested in the National Council, shall be filled by the Principal Chief during the recess of the National Council by granting commissions which shall expire at the end of the next session thereof.

Sec. 14. Every bill which shall pass both branches of the National Council shall, before it becomes a law, be presented to the Principal Chief; if he approves, he shall sign it; but if not, he shall return it, with his objections 0 hat branch m which it may have originated, who shall enter the objections Ih !f °"/he.r journals and proceed to reconsider it; if, after such recon-

tt tZhr -h' .r'.'^'* ''''''''' ^'^^" ^S--" *° P^^^ the bill, it shall be en t toge her with he objections, to the other branch, by which it shall like-

bo,: h w ,r "'.■:; ''"'''"' ^^ ^^^-^^'^^^^ °^ ^^^^ branch, it shall w Z liv. d"; K "7 '" ''"' '''' ""' '■^^"^"^'^ by the Principal Chief ^^"'"" "V. da^s (Sundays excepted), after the same has been presented to

HISTORY OF THE CHEROKEE INDIANS 127

him, it shall become a law in like manner as if he had signed it, unless the National Council, by their adjournment, prevent its return, in which case it shall be a law, unless sent back within three days after their next meeting.

Sec. 15. Members of the National Council, and all officers, executive and judicial, shall be bound by oath to support the Constitution of this Nation, and to perform the duties of their respective offices with fidelity.

Sec. 16. In case of disagreement between the two branches of the National Council with respect to the time of adjournment, the Principal Chief shall have power to adjourn the same to such time as he may deem proper; provided, it be not a period beyond the next constitutional meeting thereof.

Sec. 17. The Principal Chief shall, during the session of the National Council, attend at the seat of government.

Sec. 18. There shall be a council composed of five persons, to be ap- pointed by the National Council, whom the Principal Chief shall have full power at his discretion to assemble; he, together with the Assistant Principal Chief and the counselors, or a majority of them, may, from time to time, hold and keep a council for ordering and directing the affairs of the Nation ac- cording to law; provided, the National Council shall have power to reduce the number, if deemed expedient, after the first term of service, to a number not less than three.

Sec. fO. The members or the executive council shall be chosen fur the term of two years.

Sec. 20. The resolutions and advice of the council shall be recorded in a register, and signed by the members agreeing thereto, which may be called for by either branch of the National Council; and any counselor may enler his dissent to the majority.

Sec. 2 1. The Treasurer of the Cherokee Nation shall be chosen by a joint vote of both branches of the National Council for the term of four years.

Sec. 2 2. The Treasurer shall, before entering un the duties of his office, give bond to the Nation, with sureties, to the satisfaction of the National Council, for the faithful discharge of his trust.

Sec. 23. No money shall be drawn from the Treasury but by warrant from the Principal Chief, and in consequence of appropriations made by law.

Sec. 24. It shall be the duty of the Treasurer to receive all public moneys, and to make a regular statement and account of the receipts and expenditures of all public moneys at the annual session of the National Council.

Article V.

Section 1. The judicial powers shall be vested in a Supreme Court, and such circuit and inferior courts as the National Council may, from time to time, ordain and establish.

Sec. 2. The Judges of the Supreme and Circuit courts shall hold their commissions for the term of four years, but any of them may be removed

^28 HISTORY OF THE CHEROKEE INDIANS

from olTice on the address of two-thirds of each branch of the National Council to the Principal Chief for that purpose.

Sec. 3. The Judges of the Supreme and Circuit courts shall, at stated times" receive a compensation which shall not be diminished during their continuance in oflice, but they shall receive no fees or perquisites of office, nor hold any other oflice of profit or trust under the government of this Nation, or any other power.

Sec. 4. No person shall be appointed a judge of any of the courts until he shall have attained the age of thirty years.

elected by the National Council, and there shall be appointed in each district Sec. 5. The Judges of the Supreme and Circuit courts shall be as many Justices of the Peace as it may be deemed expedient for the public good, whose powers, duties, and duration in otllce shall be clearly designated by law.

Sec. 6. The Judges of the Supreme Court and of the Circuit Courts shall have complete criminal juridiction in such cases, and in such manner as may be pointed out by law.

Sec. 7. No Judge shall sit on trial of any cause when the parties are connected [with him] by aliinity or consanguinity, except by consent of the parties. In case all the Judges of the Supreme Court shall be interested m the issue of any case, or related to all or either of the parties, the National Council may provide by law for the selection of a suitable number of persons of good character and knowledge, for the determination thereof, and who shall be specially commissioned for the adjudication of such cases by the Principal Chief.

Sec. 8. .All writs and other process shall run "In the Name of the Cherokee Nation," and bear test and be signed by the respective clerks.

Sec. 9. Indictments shall conclude — "Against the Peace and Dignity of the Cherokee Nation."

Sec. 10. The Supreme Court shall, after the present year, hold its session annually at the seat of government, to be convened on the first Mon- day of October in each year.

Sec. 11. In all criminal prosecutions the accused shall have the right of being heard; of demanding the nature and cause of the accusation; of meeting the witnesses face to face; of having compulsory process for ob- taining witnesses in his or their favor; and in prosecutions by indictment or information, a speedy public trial, by an impartial jury of the vicinage; nor shall the accused be compelled to give evidence against himself.

Sec. 12. The people shall be secure in their persons, houses, papers, ami possessions from unreasonable seizures and searches, and no warrant to search any place, or to seize any person or thing, shall issue, without de- scribing them as nearly as may be, nor without good cause, supported by oath or atlirmation.

Sec. 13. All persons shall be bailable by sutficient securities, unless for capital otlenses, where the proof is evident or presumption great.

HISTORY OF THE CHEROKEE INDIANS 129

Article VI.

Section 1. No person who denies the lieinsj- of a God or future statJ of reward and punishment, shall hold any office in the civil department in this Nation.

Sec. 2. The free exercise of relisj'ious worship, and servins;- God with- out distinction, shall forever be enjoyed within the limits of this Nation; provided, that this liberty of consicence shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this Nation.

Sec. 3. When the National Council shall determine the expediency of appointing delegates, or other public agents, for the purpose of transacting business with the government of the United States, the Principal Chief shall recommend, and by the advice and consent of the National Committee, ap- point and commission such delegates or public agents accordingly. On all matters of interest, touching the rights of the citizens of this Nation, which may require the attention of the United States government, the Principal Chief shall keep up a friendly correspondence with that government through the medium of its proper officers.

Sec. 4. All commissions shall be "In the Name and by the Authority of the Cherokee Nation," and be sealed with the seal of the Nation, and signed by the Principal Chief. The Principal Chief shall make use of his private seal until a National seal shall be provided.

Sec. 5. A sheriff shall be elected in each district by the qualified electors thereof, who shall hold his office two years, unless sooner removed. Sliould a vacancy occur subsequent to an election, it shall be filled by the Principal Chief, as in other cases, and the person so appointed shall continue in office until the next regular election.

Sec. 6. No person shall, for the same offense, be twice put in jeopardy of life or limb; nor shall the property of any person be taken and applied to public use without a just and fair compensation; provided, that nothing in this clause shall be so construed as to impair the right and power of the National Council to lay and collect taxes.

Sec. 7. The right of trial by jury shall remain inviolate, and every person, for injury sustained in person, property, or reputation, shall have remedy by due course of law.

Sec. 8. The appointment of all officers, not otherwise directed by this Constitution, shall be vested in the National Council.

Sec. 0. Religion, mortality and knowledge being necessary to good government, the preservation of liberty, and the happiness of mankind, schools and the means of education shall forever be encouraged in this Na- tion.

Sec. 10. The National Council may propose such amendments to th=s Constitution as two-thirds of each branch may deem expedient, and the Principal Chief shall issue a proclamation, directing all civil officers of the several districts to promulgate the' same as extensively as possible within their respective districts at least six months previous to the next general

no HISTORY OF THE CHEROKEE INDIANS

election. And if, at tlie first session of tlie National Council, after such /■•eneral election, two-thirds of each branch shall, by ayes and noes, ratify such proposed amendments, they shall be valid to all intent and purposes, as parts of this Constitution; provided, that such proposed amendments shall be read on three several days in each branch, as well when the same ari proposed, as when they are ratified.

Done in convention at Tahlequah, Cherokee Nation, this sixth day of September, 18^0.

GEORGE LOWRY, President of the National Convention.

Hair Conrad, his x mark; John Benge, his x mark; Archibald Campbell, his X mark; Thomas Candy; John Drew; George Guess, his x mark; Walter Scott Adair; Young Elders, his x mark; Will Shorey Coodey; Thomas Fore- man; Richard Taylor; Thomas Fox Taylor; O-kan-sto-tah Logan, his x mark; James Spears, his x mark; John Spears; Stephen Foreman; Young Glars, his x mark; Looney Price; Tobacco Will, his x mark; JV\ajor Pullum, his X mark; JV\oses Parris; George Washington Gunter; Kench Logan, his X mark; Young Wolf; Joseph Martin Lynch; Sal-la-tee-skee Watts, his x mark; George Brewer, his x mark; Joshua Buffington; Jesse Bushyhead; Jesse Russell; John Fletcher Boot, his x mark; Crying Buffalo, his x mark; Bark Flute, his x mark; Oo-la-yo-a, his x mark; Soft Shell Turtle, his x mark; Edward Gunter; Daniel Colston, his x mark; Lewis Ross; George Hicks; Tah-lah-see-nee, his x mark; James Brown; Charles Coodey; Riley Keys; Daniel McCoy; Lewis Melton.

PROCLAMATION AND AMENDMENTS TO THE CONSTITUTION Adopted November 26, 1886. Proclamation by the Principal Chief.

Whereas, The National Council adopted certain amendments to the Con- stitution of the Cherokee Nation and submitted the same to a general conven- tion of the people of the Cherokee Nation, called at Tahlequah, on the 26tb day of November, A. D. 1866, and which said amendments, with the preamble thereto attached, were in the following words, to-wit:

Whereas, By the treaty executed at Washinglon, on the lOfh day of Julv, A. D. 1866, between the United Slates and the'cherokee Nation, throus^h its delegation, ratified by the Senate and officially promulgated by the PresidentN of the United States, August 1 1, 1866, certain things were agreed to between the parties to said treaty, involving changes in the Constitution of the Chero- kee Nation, which changes cannot be accomplished by the usual mode; and

_ Whereas, It is the desire of the people and government of the Cherokee Nation to carry out in good faith all of its obligations, to the end that law and ■ order be preserved and the institutions of their government maintained; there- to JV^ 'ff'.''^ ''■■ ^''' ^'''""'''' '^"""'^"' ''^hat the following; amendmenis 0 the Constitution of the Cherokee Nation be submitted to a convention or

dav of^N " r^'f l^ ''''"^^^'' ""^ T'^hl^quah, on the twenty-sixth (26th) at lie bvs H .""■ ?• "'"' ""'" '''' proclamation hereunto annexed, be rat.I.ed by said convention, then they shall be officially published, and declare i

HISTORY OF THE CHEROKEE INDIANS I5l

by tlK- Principal Chief to be, and siiall constitute a part, or parts, of the Con- stitution of the Cherolcee Nation.

AMENDMENTS

AMENDMENTS TO ARTICLE I.

Section 1. The boundary of the Cherokee Nation shall be that described in the treaty of 183 3, between the United States and the Western Cherokees, subject to such modifications as may be made necessary by the 1 7th article of the treaty concluded at Washington City on the I9th day of Julv, 1866, be- tween the United States and the Cherokee Nation.

Sec. 2. The lands of the Cherokee Nation shall remain common pro- perty until the National Council shall request the survey and allotment of the same, in accordance with the provisions of Article 20 of the treaty of l9th of July, 1866, be\\-een the United States and the Cherokee Nation. AMENDMENTS TO ARTICLE III.

Section 1. The Upper House of the National Council, known as the National Committee, shall be hereafter known and styled the Senate of the Cherokee Nation, and shall consist of two Senators for every district in the Cherokee Nation.

Sec. 2. The Council shall consist of two members from each district, and when a district shall have to exceed two hundred voters, it shall have an additional member, and for every additional two hundred voters in said district, upwards of four hundred, it shall have an additional member; provided, that when any district shall have less than one hundred voters according to the census, it shall still be entitled to one representative.

Sec. 3. in order to ascertain and fix the representation to the Council, provided for above, shall be made before the tirst day of June, and shall gov- taken, as soon as practicable, a census of the population of the Cherokee Na- tion, according to districts. A second census shall be taken in like manner in the year 1870, and each ten years thereafter, and the National Council shall regularly apportion representation among the several districts, as provided in the preceding section, agreeably to such census. The first apportionment, provided for above, shall be made before the first day of June, and shall gov- ern the election to be held on the first Monday in .August, 1867.

Sec. 4. The National Council shall, after the present year, be held annually, to be convened on the tirst Monday in November, at such place as may be designated by the National Council, or in case of emergency, by the Principal Chief.

Sec. 5. No person shall be eligible to a seat in the National Council but a male citizen of the Cherokee Nation who shall have attained to the age of twenty-five years, and who shall have been a bona fide resident of the district in which he may be elected, at least six months immediately preceding sucii election. All native born Cherokees. all Indians, and whites legally members of the Nation by adoption, and all freedmen who have been liberated by volun- tary act of their former owners or by law, as well as free colored persons who were in the country at the commencement of the rebellion, and are now resi-

132 HISTOBY OF THE CHEROKEE INDIANS

dents therein, or who may return within six months from the I9th day of July, 1866, and their descendants, who reside within the limits of the Cherokee Nation, shall be taken, and deemed to be, citizens of the Cherokee Nation.

Sec. 6. The members of the National Council shall each receive from the public treasury a compensation for their services, which shall be three dol- lars per day, during their attendance at the National Council upon any regular session, not exceeding thirty days; provided, that the per diem allowance may be increased or diminished by law; but no alteration shall take effect during the period of service of the members of the National Council, by whom such alteration may have been made.

Sec. 7. All male citizens, who have attained the age of eighteen years, shall be deemed qualified electors of the Cherokee Nation, and there shall be no restrictions by law, save such as are required for persons convicted of crime, or for such limit as to residence, not exceeding six months in the district where the vote is offered, as may be required by census or registration.

AMENDMENTS TO ARTICLE V.

Section 1. The Supreme Court shall consist of three judges, who shall be elected by the National Council, and whose duties, jurisdiction, and com- pensation, shall be defined by law, in the manner prescribed by the Consti- tution. The National Council, at its annual session in 1867, shall elect one of the Supreme Judges for three years, one for two years, and one for one year, and at each annual session of the National Council thereafter, shall elect one Supreme Judge, whose official term shall be three years.

vSec. 2. The judges of the Circuit Court shall hereafter be elected by the people, for the term of four years, and shall have the same juris- diction, discharge the same duties, and be compensated in the same manner as is now provided for by the Constitution. There shall be elected in like manner in and for each district as many judges as it may be deemed ex- pedient for the public good, whose powers, duties and duration in office shall be clearly designated by law.

AMENDMENTS TO ARTICLE VII. Section 1. Neither slavery nor involuntary servitude, shall ever here- after exist in the Cherokee Nation, otherwise than in the punishment of crime, whereof the party shall have been duly convicted; and anv provision of the Constitution of the Cherokee Nation conflicting with the foregoing section, is hereby annulled.

^■^'=- -• Jh^ persons now holding olfice shall continue therein, ex- cept as may be otherwise expressly provided by law for Canadian district. until their successors be commissioned in November, 1867

lahlequah, Cherokee Nation, November 26, 1866.

SMITH CHRISTIE,

Concurred: WRITER. '''■"''''"* °^ '''''*'°"" Committee.

Speaker of Council Approved: \\ll,[, p. rqsS.

HISTORY OF THE CHEROKEE INDIANS 15?

At a sjeneral convention of the people of the Cherokee Nation, held at Tahlequah, Cherokee Nation, on the 2Sth day of November, A. D. 1866. for the purpose of taking- Into consideration the foregoing amendments to the Constitution of the Cherokee Nation; and, whereof, Riley Keys, Chief Justice of the Supreme Court, was chosen President, and Budd Gritts, Secre- tary; the said amendments to the Constitution of the Cherokee Nation were read, considered and severally approved and adopted by the Cherokee people. In testimony whereof, the President and Secretary of said convention have subscribed the same at Tahlequah, Cherokee Nation, on this the 28tli day of November. A. D. 1866.

RILEY KEYS, President of the Convention. BUDD GRITTS,

Secretary. And, Whereas, The foregoing amendments to the Constitution were duly submitted to the said general convention of the Cherokee people, and were severally read, considered, and adopted on the 28th day of Novem- ber, A. D. 1866; now,

Therefore, Be it known that I, William P. Ross, Principal Chief of the Cherokee Nation, do issue this, my proclamation, declaring said amendments to be a part of the Constitution of the Cherokee Nation.

In testimony whereof, I have hereunto subscribed my name, this the 7th day of December, A. D. 1866.

WILL P. ROSS,

Principal Chief. The constitution was generally accepted by the nation on January 10, 1839-^ and October 26, 1840.

Fort Gibson, September 28, 1839.

Sir: We have been required by instructions from the War Department to arrest and bring to trial the murderers of the Ridges and Boudinot. Al- though we have the names of several of the individuals charged, yet, as you are the chief of the emigrant Cherokees, by some of whom we have no doubt these murders were perpertrated, we therefor deem it proper to apprize you of this order. We believe that ^'ou can have the prsons charged delivered at this oost, without resorting to other means, which it is our wish to avoid. Should we be disappointed in our expectations in this particular, the military force of .'he United States will be employed in carrying out the instructions of the War Department. In the meantime, we expect and require of you that no violence or disability whatever be imposed on the treaty party in consequence of the treaty of 1835, which has received the sanction of the Government of the United States.

We extremely regret the unfortunate events to which we have referred; .and also that no union has taken place beetween the eastern Cherokees, of whom you are the acknowledged -head, and John Brown, principal chief of fhe western Cherokees. An early reply to this communication is requested.

^34 HISTORY OF THE CHEROKEE INDIANS

Respectfully, your very obedient servants, M. Arbuckle,

Brevet Brig. General, U. S. A. Wm. Armstrong,

Acting Superintendent, W. T.

ihn Ross, Princioal Chief nf the emigrant Cherokees. principal i.n "Tahlequah, Cherokee Nation

September, 3(), 1830.

Gentlemen: Your communication of the 28th instant, came duly to

hand bv express.

You appraise me of having received "instructions from the War De- partment to arrest and bring to trial the murderers of Ridges and Boudinot," •nd express expectations "that I will arrest the persons charged, and deliver them over to the military post at Fort Gibson without resorting to other .means." 1 hold myself at all times in readiness, so far as 1 may be concern- ed, to comply with the established regulations between the United States and 'h.e Cherokee Nation, and for all otTenses which may be committed by indi- •'idual Cherokees, and over which the United States may have proper juris- diction, and their courts cognizance assuredly, I could not in duty to the

iation and to myself, but exercise all necessary and proper ertorts to sus- tain and preserve unimpaired the confidence and friendship of both parties, '^ou cannot be otherwise than fully impressed with the fact that there exists in this country a feeling decidedly friendly to the Government and people

-f the United States, and no wish or attempt to cause innovation in the plain and well understood method of communication and intercourse. In relation to the particular subject of " arrest and trial" of which you speak, I am wholly at a loss to conjecture by what right or sound policy the Cherokee people are '.'0 be deprived of the exercise of their own legislate authority over acts of :^ne Indian against another. An authority founded upon natural as well as :onvenlional rights. 1 cannot conceive how, if the persons charged be Chero- kees, they have violated either treaty stipulation or act of Congress, that they should be held answerable to the courts of 'the United States, and the miltary

-irce employed for their arrest. Any effort directed to that purpose is de- nreciated as calculated to disquiet the country, to weaken the confidence of

'^c people in their exertions to allay excitement and the enjoyment of some

^spite from the difficulties and embarrassments which have so long distress-

d them.

None of the persons charged with the act you instructed upon are known me; some of them may be of the late emigrants, or all for ought I know; ■lor do I feel that it is again necessary for me to review the subject among •he people, when you are doubtless appraised that they themselves, in con- •ention, considered and disposed of the matter in a manner satisfactory to the whole people. You express regret "that no union has taken place" be- tween th eeastern Cherokees and John Brown, principal chief of the western - herokees." This may be true to some extent, yet it is equally true that a

HISTORY OF THE CHEROKHH INDIANS 13.S

•lion has been tVirnied between the eastern and western Cherokee people. "o that union, if it has pleased some to withhold their approbation, and among em John Brown, still the people acted for themselves. They are the ack- wleds^ed source of power in this country, and their original acts require not ? sanction of any chief to accredit it \\-ith authority. Many of the old set- tlers, who could not attend in person, forwarded their names to be enrollea upi.in that act.

.-although the fact may not have been formally announced to you, yet it was believed that you were informed of the adoption of a constitution for the government of the Cherokee Nation, in accordance with the act of union. Elections have also taken place under its provisions for officers, etc., and the national council, composed both of old settlers and emigrants, without, how- ever, any distinction, are now about to terminate its session, having been en- gaged in passing such laws as were required for the security and protection of the persons and property of the people.

Fro mthese facts, I trust that you will be fully convinced of the earnest desire of the Cherokees to preserve and maintain the peace and friendship which have so long subsisted between them and the citizens of the United States.

I have the honor to be, gentlemen, ver}- respectfully, }our obedient ser- vant,

John Ross, Principal Chief. Brevet Brigadier General M. Arbuekle, U. S. A. Captain William Armstrong,

Acting Superintendent, W. T. Fort Gibson."'

After a little more desultory correspondence, the matter of prosecution for the murderers, was dropped.

The public school system of the Cherokee Nation was inaugurated in 1(S42. In the spring of that year Sequoyah started to the southwest in search of a Cherokee settlement in the neighborhood of the Rio Grande. He died at San Fernando in August 1843. The Cherokee Advocate, a weekly news- paper, owned and operated by the Nation and ils oficial organ, publish- ed volume one, number one at Tahlequah on September 25, 1844.-

Chief Ross married on September 2, 1S44, Mary Brown Stapler a native of Delaware. On account of the widespread dissatisfaction among the treaty party and old settlers, a delegation of tifty-four of their leaders left the Chero- kee Nation for southwest Texas on September 1, 1845. They found a settlement of sixty-three Cherokees on the bank of Brazos river, at the mouth of Basky Creek. These Cherokees were from Monclovis, Mexico. While on this trip Charles Reese died. The delegation returned to Ft. Gibson on January lo, iS46, not being able to tind a home in the west.

The residence of Return Jonathan Meigs, son-in-law of Chief John R<iss was burned by Thomas Starr and his band on the night of November 2, 1845 Mr. Meigs, who lived within three miles of his father-in-law, was an estimable citizen and this act was a part of the feud that had been raged uninterruptedly since 1839. On the ninth of the month, thirty-two men rode up to the home

136

HISTORY OF THE CHEROKEE INDIANS

of Janu'S Starr, father of Thomas, and shot him to death. He was one of the signers of the treaty of 1835 and a member of the first elected Cherokee committee (senate) from 184 1 to 1843. No prosecution followed this mur- der.

Delegations from the emigrant, treat}' party and old settlers divisions of the Cherokee Nation visited Washington in the summer of 1846 where they in conjunction with representatives of the United States, concluded a treaty for the purpose of establishing national tranquility and arriving at a more equitable adjustment of their vested rights:

•li'l.L l;. .\1AVES Cluei— January USSN, to Oefember 1891

HISTORY OF THE CHEROKEE INDIANS 137

CHAPTER Vill

Treaty With The Cherokees 18Jf6. Schools Established. Old Settler Pay- ments. Keetoowah Society Organized. Organization of Military Companies. Cherokees Enter The Civil War. General Waitc Surrenders.

Aug. 6, 1846. 9 Stat., 871. Ratified Aug. 8, 1846. Proclaimed Aug.

17, 1846. Articles of a treaty iikilIl and concluded at Washington, in the District of Columbia, between the United States of America, by three com- missioners, Edmund Burke. William Armstrong', and Albion K. Parris; and John Ross, principal chief of the Cherokee Nation; David Vann, William S. Coody, Richard Taylor, T. H. Walker, Clement V. McNair, Stephen Foreman. John Drew, and Richard Fields, delegates duly appointed by the regiilarly con- stituted authorities of the Cherokee Nation; George W. Adair, John A. Bell, Stand Watie, Joseph M. Lynch, John Huss, and Brice Martin, a delegation appointed by, and representing that portion of the Cherokee tribe of Indians known and recognized as the "Treaty Party;" John Brown, Captain Dutch, John L. McCoy, Richard Drew, anad Ellis Phillips, delegates appointed by and representing, that portion of the Cherokee Tribe of Indians known and recognized as "Western Cherokees," or "Old Settlers."

Preamble. Whereas serious difliculties have, for a considerable time past, existed between the different portions of the people constituting and recognized as the Cherokee Nation of Indians, which it is desirable should be speedily settled, so that peace and harmony may be restored among them, and whereas certain claims exist on the part of the Cherokee Nation, and portions of the Cherokee people, against the United States; Therefore, with a view to the linal and amicable settlement of the difficulties and claims before mentioned, it is mutually agreed by the several parties to this convention as follows, viz:

Lands Occupied by Cherokee Nation to be Secured to Whole People and a Patent to be Issued. 1830, Ch. 148. Article 1. That the land now oc cupied by the Cherokee Nation shall be secured to the whole Cherokee peo- ple for their common use and benefit; and a patent shall be issued for the same, including the eight hundred thousand acres purchased, together with the outlet west"^ promised by the United States, in conformity with the provis- ions relating thereto, contained in the third article of the treaty of 1835, and in the third section of the act of Congress, approved May twenty-eighth, 1830. which authorizes the President of the United States, in making exchanges of lands with the Indian tribes, "to assure the tribe or nation with which the ex- change is made, that the United States will forever secure and guarantee to them, and their heirs or successors, the country so exchanged with them; and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same: Provided, always. That such lands shall revert to the United States if the -Indians become extinct or abandon the same.

,38 HISTORY OF THE CHEROKEE INDIANS

Reversion to be in United States. All Difficulties and Disputes Adjusted, and a General Amnesty Declared. Laws to be Passed for Equal Protection

History of the Cherokee Indians and their legends and folk lore

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