'J ^ O' .^' o •• » , 1 * ,0 V o > V 4 O ■► o ?v"-^^. >r^4'. ^ ;.€r^^ ^..< . v.^- V ot ' V c\T T o\ V -r _ THE CHEHOKEE QUESTION, REPORT COMMISSIONER OF IIDIAI AFFAIRS PltESIDENT OF THE UNITED STATES, JUNE 15, 186G: "UPPLEMENTARY TO THE REPORT OF THE COMMISSIONERS APPOINTED BY THE PRESIDENT TO TREAT WITH THE INDIANS SOUTH OF KANSAS, AND WHICH ASSEMBLED AT FORT SMITH, ARK., IN SEPTEMBER, 1865. WASHINGTON; <;OVERNMENT PRINTING OFFICE. 1866. ^ ^ '?'' bf THE CHEROKEE QUESTION- Department of the Interior. Office op Indian Affairs, Washington, D. C, , June 15, 186G. To Andrew Johnson, President of the United States : The undersigned, Commissioner of Indian Affairs, as president of the southern treaty commission, charged with the duty of negotiat- ing treaties wnth the several tribes of Indians located in the Indian country or in the State of Kansas, and also with the Indians of the plains Avest of Kansas and the Indian country, has the honor to sub- mit the following additional report: All that was done by the commission at Fort Smith, Arkansas, in September last, and how it was done, in discharge of the duty im- posed by your order, is already fully reported and published in my annual report for the year 18G5, commencing on printed page 296 of that report, to which I beg leave to refer. It will be perceived that the commission was only in part successful, owing, as was asserted by the Indians, and believed by us, to the fact that several of the In- dian tribes, including the Cherokees, had not been notified that new treaties with them were desired by the government, and that they had not been properly authorized to make treaties by which au}^ of their lands were to be set apart to the United States, for the use of the friendly tribes in Kansas and elsewhere, as contained in para- graph No. 5. on page No. 299, of the report above referred to, and that the Cherokee national council must first authorize such a treaty to be made, and appoint the commissioners to make it. No objections were made by the delegation to the several proposi- tions, except the tvard of looicer and aidhority in the delegates then present. They promised to return home, and lay these propositions, and all other matters, before their national council, and receive their instructions. No doubt was then expressed that the council would confer all the necessary power upon a commission to make a treaty. They were then informed that the delegation to make a treaty Avould be called to Washington city, probably, early in December then next, for that purpose. After your commission ascertained that a full treaty, according to our instructions, could not be made, for the above causes, the commission submitted the articles of a partial treaty, as set forth on pages 301 and 302 of the report above referred to, a copy of which was furnished to each tribe. The Cherokees had from the beginning persistently contended that, although it was true that the treaty of October 7, 1861, was made with the Confederate States, that they had done so under coercion of the rebel army, and that said treaty was not binding, but as to them was null and void. On the day the copy of the partial treaty was furnished the Cher- okees, September 13, we were informed that John Ross, the principal 4 THE CHEROKEE QUESTION. chief of the Clierokee nation, had arrived in the cam[) of the Chero- kees. That same evenino; tlie several Indian agents were called be- fore the commission, and asked what was the prospect of their seve- ral trilx's signing- the treaty. The Cherokees were first called. Agent riarhni, for the Cherokees, answered that the Cherokees claimed that they had signed the rebel treaty to avoid annihilation by the rebels, and thflt the same was null and void; that the majority of the nation had all the time been loyal to the United States, and only yielded to i)ower they could not resist; but that as soon as they found a force sullicient to protect them, they joined the Union army and fought to the end of the war, and fought well. And all this he believed, claiming, as the}^ did, that if true, there was no forfeiture on their j)ai-t. He gave it as his opinion that while the recitals in the preamble remained, asserting a forfeiture of money and lands, they never would sign it; and that he, believing it, would not advise them to do so, unless under a protest that they had signed it to pre- vent total destruction of their lives and property; but that, under such protest, he would advise them to sign it, and thus save the question of Ibrfeiture for fuller inquiry. He thought they ought to and would sign it under ])rotest. To this protest the commission consented, and Agent Harlan wrote the protest, which was at once submitted and allowed. You will find this paper on page 304 of the Report of the Commissioner of Indian Affairs, above referred to. as having been made by Colonel Reese at the time of signing the treaty. Without entering into details in I'egard to the facts apparent to the commission tending to show that it was the influence of John Ross whicli, even now, hindered the Cherokee delegates from signing the preliminary treaty, it may be sufficient to say that very shortly after the commission 'had decided no longer to recognize Ross as chief, under what they deemed ample evidence of iiis bad influence upon his people, and his steady and sincere disloyalty to the government of the United States, the delegates representing the Cherokee Nation did sign that treaty. To the commission, when at Fort Smith, it seemed very clear that John Ross, within one month after the late war commenced, clearly took sides with the rebels and against the government of the United States, and that within four months the whole nation, in general mass meeting called by, and after a speech from him, unanimously resolved to throw off their allegiance to the United States, and join the Confederate States. If we were right in our conclusion, (and I still think we were,) John Ross was all the time, and the whole na- tion after the first tour months, disloyal. In August, 18G1, General Stand Watie received authority from General McCulloch to raise a bat- talion in the nation for the rebel service. This force was raised and organ- ized in the December following. In July and August Colonel John Drew, by express authority of Mr. Ross, raised a regiment for the same pur- pose. General Stand Watie's regiment continued in the rebel service to the end of the war. Colonel Drew's regiment continued in the rebel service until after the battle of Pea Ridge, where most of the regi- THE CHEROKEE QUESTION. 5 mciil fonglit in the rebel army, and sluired in its defeat. Shortly after that memorable defeat, three important events took place : the rebel army was driven out of western Arkansas; the Union army, un- der Colonel Weir, invaded the Cherokee Nation with a force apparently invincible; and the confederate government was found unable to pay its troops in anything but confederate money — nearly worthless. How much either one or all of these events had to do with Cherokee returning loyalty, others can judge as well as we. The facts exist: the returning loyalty followed closely on the heels of these events. Drew's regiment abandoned the rebel service, and enlisted in the Union army. One other regiment, under Colonel Ritchie, was raised in the Cherokee Nation. Both regiments served the Union to the end of the war. From August, 18G2, until last September, Mr. Ross, all the time chief, had not once been in the Cherokee Nation, and so far as we then knew, or so f;ir as I now know, Mr. Ross had taken no active in- terest in Cherokee aifairs. If his zeal were as great as he now pre- tends it always has been in the Union cause and for the Cherokee people, whom he had served so long and so successfully, and whose welfare he had so industriously and influentially promoted, it seems somewhat strange to me that he should have abandoned the Union cause in its great peril in 18G2, and strange beyond belief that he should for more than three years have abandoned the Cherokee peo- ple, when ruin, swift and certain, was overwhelming them; when his influence, acknowledged ability, and foresight were so much needed among his people; and quietly settled himself down in Philadelphia, 1,600 miles from his people. at an expense of some thirty thousand dol- lars to the nation, while the people whom he loved so well (!) were half starving for want of these thousands so prodigally spent by him. Inasmucli as the claims of John Ross, and of his party in the Cherokee Nation, to loyalty from the beginning of the war, in April, 18G1, are a very important element in the consideration of the subject of the just course to be pursued by the government towards the Cherokees as a people, I beg your indulgence while I devote some space to that particular issue. In the months of May and June, in ISGI, Mr. Ross wrote several letters declaring a firm determination to maintain perfect neutrality. These letters manifest considerable ability and much firmness on the part of Mr. Ross; and yet as early as the 17th day of May he received a letter from Colonel Kenney, commanding the rebel forces at Fort Smith, inquiring what course he, as chief of the Cherokee Nation, intended to pursue in the war then begun. This letter was sent to Mr. Ross by Mr. J. B. Luce, of Fort Smith. I have seen it. but it is now mislaid. This letter was answered by Mr. Ross, and is one of the letters in which Mr. Ross maintains his right to remain neutral. But to the hearer of that letter he said verbally. " I claim the right to remain neutral, but if I am ever compelled to take sides, I am a southern man. born in the south, a slaveholder, and sliall take sides icith the south " On the 12th dav of June, 18G1, General McCulloch wrote to Mr. 6 THE CHEROKEE QUESTION. Ross, (see his letter, Appendix, No. 1,) assuring- him of his friendship, and determination, if possible, to respect his neutrality on certain conditions, one of which is, that all the Cherokees, so disposed, must be allowed to join the army as home guards, for the purpose of defending themselves in case of invasion from the north; and McCulloch adds: " This, of course, will be in accordance with the views you expressed to me, that in case of an invasion from the north, you would lead your men, yourself, to repel it.'' To this, (June 17, 1861,) Mr. Ross answered, (see letter. Appen- dix. No, 2,) reiterating his firm purpose to remain neutral, and de- clining to permit the Cherokees to organize as home guards, assert- ing his friendship for General McCulloch, and for the people of Mis- souri, Arkansas, and Texas, saying that General McCulloch had mis- taken what he had said eight or ten days before, and repeating what he did say, thus: "I informed you that I had taken a neutral posi- tion, and would maintain it honestly; but that in case of a foreign invasion, old as I am, I would assist in repelling it. I have not signified any purpose as to an invasion of our soil, and an interfer- ence with our rights from the United States or Confederate States, because I have apprehended none, and cannot give my consent to any." From this correspondence between General McCulloch and Mr. Ross, it is perfectly apparent that there had been a conversation, early in June, between them, entirely different from the written cor- respondence, in which Mr. Ross had, by his own version, agreed to "assist in repelling foreign invasion," and, in the General's version, said that he would lead his own men to repel an invasion by the north. There was some reason for this difference. I can see no reason unless it was that a written 'pledge to repel the north might fall, by some accident, into the hands of the northern government and en- danger the Cherokee lands and annuities, and that an unwritten I)!edge would not. Mr. Ross seemed anxious that his public corres- pondence should show the United States that he refused all overtures from the Confederate States, and that his verbal pledges should fully convince the confederate government that he would be faithful to them and faithless to the United States. In this he succeeded. Some time previous to the 21st of August, ISGl, Mr. Ross gave notice, and called a general mass meeting of the Cherokee Nation, to meet at Tahlequah, to consider Cherokee difiiculties. At that meet- ing several speeches were made, all in favor of repudiating all treaties with the United States, and in favor of a treaty with the Confederate States. Among them was a speech from Chief Ross, afterwards pub- lished, but not iii my possession. In that speech Mr. Ross stated that the object of the meeting was to consider the propriety of join- ing the southern confederacy. Tie gave it as his opinion that it was best for theCherokees and all other Indians to do so at once; that he whs and always had been a southern man— a States' rights man- born in the south, a slaveholder; that the south was fighting for its rights against the oppression of the north; and that thc'true position of the Indians was with the southern people. THE CHEROKEE QUESTION. 7 After his speech, the vote (as he says, of the 4,000 Cherokee males then present) was unanimously in favor of abandoning the United States and in favor of joining the confederates. That such was the action of the mass meeting at Tahlequah, such its objects and such its results, is clearly established by his letter to that true patriot Opothleyoholo, the Creek chief, September 19, 18G1. (See this letter, Appendix, No. 3.) In this letter Mr. Ross congratulates himself that the " Great Being who overrules all things for good has sus- tained him in his efforts to unite the hearts and sentiments of the Cherokee people as one man," and that "at amass meeting of about 4,000 males at Tahlequah we have, with one voice, proclaimed in favor of forming an alliance with the Confederate States, and shall thereby preserve and maintain the brotherhood of the Indian nations in a common destiny." In this letter Mr. Eoss acknowledges — rather boasts of — his efforts and success in his work as an emissary among the Cherokees for the benefit of the southern confederacy. Again, on the 8th day of October, 1861, he wrote to the same Opothleyoholo, acknowledging that he made an address to the mass meeting at Tahlequah, and sent him a copy of it. (See copy of his letter, Appendix, No. 4.) In this letter Mr. Ross says he is grieved to hear so many bad reports, (reports of the defection of Opothle- yoholo and his band from the Creek council,) and reiterates his advice to all the red brethren to be united and friendly among themselves. In June, General Pike and General McCuUoch, in company, visited Mr. Ross at Park Dill, his place of residence. For what took place at that meeting, nothing being done at that time in writing, we have the letter of General Pike giving a full and detailed statement, appa- rently intelligent and candid, of the whole matter in relation to the treaty with the Cherokees and other tribes from first to last, a copy of which letter is annexed. (See Appendix, No. 5.) The letter of General Pike discloses the fact that Mr. Ross, even at that time, &o far as writing was concerned, clung to his neutrality, and refused to enter into any treaty with the southern confederacy; but he said that all his interests and feelings were with the south; that General McCulloch informed Mr. Ross that he would respect his neutrality, "and would not invade the Cherokee Nation unless com- pelled to do so; that General McCulloch kept his word, and that no confederate troops ever were stationed in or marched into the Chero- kee country until after the federal troops invaded it," which was eight months after the Cherokee treaty had been made with the Con- federate States. This letter effectually disposes of all the pretence of coercion from the rebel army, either of Mr. Ross or the Cherokee people. It also shows that what was done they did voluntarily, and that their pre- tences to the contrar}^, whether by Mr. Ross or the Cherokee people, were without the smallest particle of truth. This assurance of General McCulloch was given in June, 1861. The treaty was made October 7, 1861, and in June or July, 1862, Colonel Weir, of the Union army, "invaded the Cherokee Nation," after which the rebel army did invade the Cherokee country. :8 THE CHEROKEE QUESTION. The idea of the plea of coercion was invented when such a plea was wanted to cover up their treachery; but no such plea was ever hinted at until Colonel Weir had invaded the nation. Up to that time Mr. Ross remained unmolested by the confederates, well pleased with their situation, and with the "best treaty we have ever had." On the 7th page of General Pike's letter he says: "At the request of Mr. Ross I wrote the Cherokee declaration of independence." This declaration of independence and war, the vilest and most vitu- perative document in print, was adopted by the council and approved by Chief Ross, at the time the council advised and ratified the treaty with the Confederate States. (For that declaration see Appendix, No. G.) At the time the treaty was signed and ratified, and this declaration was adopted, General Pike says his party consisted of only five per- sons, all the white confederates in the nation, and eight or nine com- panies of Drew's regiment, the friends of Ross and the council, were all who were present at the treaty ground or at its ratification — rather a poor show for coercion. Throughout the whole proceedings all seemed to be done freely and cheerfully, like persons doing what they wished to do. On the same page 7 of General Pike's letter, lie says : " Even in May, he (Ross) said to General McCulloch and myself, that if northern troops invaded the Cherokee country, he would head the Cherokees and drive them back; 'I have borne arms,' he said, 'and though I am old, I can do it again.' " This extract fully proves the truth of the statement of J. B. Luce and General McCulloch, and disposes of the version given by Mr. Ross. Other parts of this letter I will men- tion hereal'ter. On the 19th day of December, 18G1, Mr. Ross made a speech to Drew's regiment, at Fort Gibson, in which he said that the treaty was made with the confederacy, to the entire satisfaction of all con- cerned in it. He used the following language : " It is the very best treaty we have ever made in many particulars, as it secures to us many advantages Ave have long sought. On the very day the treaty was signed, it was submitted to the national council, then in session, and was there read and deliberated on article by article, and unanimously adopted and confirmed by both houses, and it thus became a law." (See copy of the speech referred to, Ai)pendix, No. 7.) I refer to this speech to show that Mr. Ross was still urging the €herokees to adhere to their treaty with the confederac}'. The "strange occurrence" which he refers to was the defection of a part •of Drew's regiment from the confederate army, and their fighting on the Union side with Opothleyoholo, at Bird's creek, which act he so much deplores; but tells them they "must" return to duty in the confederate service, and that it is their interest to do so. January 1, 18G2, Mr. Ross wrote to General Pike, acknowledging the receipt of amendments made by the rebel senate to the Cherokee treaty, and informing General Pike that the special session of the Cherokee council was called on the Monday following, for their con- .-^ideration. (See letters. Appendix, No. 8.) THE CHEROKEE QUESTION. 9 Febriuvry 25, 18G2, Mr. Ross wrote to General Pike that the amendments to the Cherokee treaty had been ratified, and informing- the General that Drew's regiment, according to orders received, had p'omptly marched toward Fayetteville; says he accompanied them twelve miles; assures the General that the regiment will do its duty whenever the conflict with the common enemy shall take place; sa}s he intended to accompany the troops to headquarters to render every aid in his power to repel the enemy; and says the mass of the Cher- okees are all right in sentiment for the support of their alliance with the southern confederacy." (See copy of letter, Appendix, No. 9.) He, Mr. Ross, did not at that time think that either he or the Chero- kee people were loyal to the United States. Drew's and Watie's regi- ments had gone to the battle then soon to transpire at Pea Ridge, and there was no other rebel force in the nation; if, as he now says, he was only watching for an opportunity to make his escape, and did escape from the nation on the first opportunity which offered, we are not shown, and I cannot see, anything to prevent him from leaving at the time he wrote the letter. March 22, 1862, Mr. Ross wrote to General Pike, (see copy of letter. No. 10,) requesting that Drew's regiment might be stationed near the place of his (Ross' s) residence. In this letter Mr. Ross asserts the exposure of the northern and eastern borders of the Cherokee nation after the battle of Pea Ridge, and asserts that the treasures and records of the natton are wholly unprotected, and that if even a few lawless men should combine for plunder or mischief, he would be in danger. If, as he asserts, he was forced by the rebel army to sign the treaty, if he was all the time loyal, if he was only waiting for an opportunity to escape from the rebels to the Union lines, I think this w^ould have been the right time to try it. When, as he asserts in this letter, there was so little rebel force in the nation that it could not keep out a few individuals seeking plunder or mischief, I hardly suppose it could k«ep in a man with many relations and friends, and an armed regiment of his own raising, who wished to go out of the nation. March 24, 1862, Ross to . (See Appendix, letter No. 11.) This letter of Mr. Ross is no otherwise important than as it shows the persevering zeal of the writer in the rebel cause. April 10, 1862, Mr. Ross writes to General Pike, (See copy of letter. Appendix, No. 12.) In this letter he thanks General Pike for station- ing Colonel Drew's regiment near Park Hill. He says great anxiety exists, in view of the unprotected condition of the Cherokee country since the battle of Pea Ridge and the withdrawal of General Price's army, and also lest marauding parties of United States soldiers will overrun the country. This letter again shows how easily Mr. Ross might have escaped to the Union lines if he had desired it, when no rebel force but his own friends of Drew's regiment was in the na- tion, the officers of which, it is claimed,' were true Union men ap- pointed by himself. I will now recur to the letter of General Pike, so often referred to above. On page 4 of that letter General Pike says: 10 THE CHEROKEE QUESTION. "Meanwhile lie (Mr. Ross) had persuaded Opothleyoholo, the Creek leader, not to join the southern States, and had sent delegates to meet the northern and other Indians in council near the Antelope Hills, when they all agreed to be neutral. The object was to take advantage of the war between the States and form a great independ- ent Indian confederation'' — and that he saw the letter of Mr. Ross and published it in Texas. This letter I never saw and cannot pro- duce, but I fully believe the statement of General Pike. If this statement is true, and I believe it is, wdiat a commentary it is on the pretended loyalty of Mr. Ross ! To pretend and publish that he was loyal to the United States at that time, to draw it mildly, is piti- able effrontery. Again, General Pike says, same letter, page 10 of original: "In May, 1SG2, Lieutenant Colonel William P. Ross visited my camp at Fort McCuUoch, near Red river, and said to me that 'the chief would be gratified if he were to receive the appointment of brigadier general in the confederate service.' " This, it will be re- collected, was in May, 1862, when there was not, by Mr. Ross's own showing, a confederate soldier, except Drew's regiment, in the Che- rokee Nation. Again, in the same letter, page 11 of the original. General Pike saj's : " When Colonel Weir invaded the Cherokei^ country, Mr. Ross re- fused to have an interview with him, declaring that the Cherokees tvould remain faithful to their engagements with the Confederate States. There was not then a confederate soldier in the Cherokee Nation to overawe Mr. Ross or Major Pegg, or any other loyal Chero- kee. Mr. Ross sent me a copy of his letter to Colonel Weir, and I had it printed and sent over Texas, to show the people there that the Cherokee chief was loyal to the Confederate States." (See letter of T. J. Mackey, Appendix,* No. 13.) It must be borne in mind that Colonel Weir invaded the Cherokee country the latter part of June, 1862. This refusal was after that date. Mr. Ross at that time had not ascertained that he and the Cherokee Nation had been coerced in the preceding August. But a few days afterwards he saw it clearly. He first found it out when Drew's regiment abandoned the confederate service and enlisted in the Union army, as graphically described by General Pike in his let- ter on page 10: "It was not customary with the confederate war department to exhibit any great wisdom, and in respect to the Indian country its conduct was disgraceful. Unpaid, unclothed, uncared for, unthanked even, services unrecognized, it was natural the Cherokees should abandon the confederate flag." This last extract is the key to the loyalty of Mr. Ross and the Ciierokoe Nation. From the beginning of the war to the invasion by Colonel Weir of the nation, as far as I have been able to learn, not one loyal word had ever been written or spoken by any Cherokee, cr by Mr. Ross ; nor had one word of complaint ever been made by THE CHEROKEE QUESTION. 11 either of any coercion, altbou.o'li there was nothiug to prevent such a complaint being- made to the United States government at any time, if such had been the fact. After the soldiers had been in the rebel service ten months, and remaining " unpaid, unclothed, uncared for, unthanked even, services unrecognized," they were easily con- vinced that they were loyal, and by a slight strain on a lively imagi- nation they could see that they had been loyal to the United States from the first, and that they had been coerced into the rebel service, although nobody else even knew that any rebel soldier ever invaded their country or threatened it; but, on the contrary. General McCul- loch had promised them (and kept his promise,) that they should not be invaded by the rebels unless to repel the United States arm}' from their country. As soon as Drew's regiment found they would not be paid, clothed, or thanked, and that they had been loyal from the beginning, and that they had somehow been forced into the rebel army, the regiment en m::isse enlisted in the United States army and abandoned the rebel army. When Mr. Ross found himself abandoned by Drew's regiment, he al^o found that he had been always loyal, and some excuse was ne- cessary from him. None presented itself more potent than coercion. Colonel Weir sent a regiment after him and brought Mr. Ross to his headquarters. Since then he has professed loyalty to the United States government from the beginning, and claims that he only made the treaty with the Confederate States because he was forced — that he was forced to remain in the nation by the rebel army. And that as soon as he was emancipated by Colonel Weir, he flew to the Union lines, where his heart always was ! With how much truth, or sem- blance of truth, he makes the claim, in these pages I have attempted to show, from his writings, speeches, conversations, documents, acts, conduct, and the letters of other persons who had the means to know, and did know, the matters about which they Avrote and spoke. I do not know how these things may affect others^ but to my mind they are conclusive that Mr. Ross, during the short time in which he kept up the pretence of neutrality in his letters, was, in his private conversations, giving assurances to the rebel leaders that he was a secessionist, and was in fact a secessionist. After the "Union defeat at Wilson's creek, when General Lyon lost his life, Mr. Ross thought the Union forever dissolved, and secession an accomplished fact. He then made haste to join the rebellion, and continued faithful until Drew's regiment abandoned him and Colonel Weir took him prisoner, or, as he says, escorted him out of the nation. This appears from his message to the national council, October 9, 1861, when the treat}' was ratified. (See that paper, Appendix, A.) Mr. Ross, in that special message to the general council of the Cherokee Nation, uses this lan- guage: ''Neutrality was proper and Avise so long as there remained a reasonable probability that the difficulty between the two sections of the Union would be settled," &c.; "but when there was no longer reason to believe that the union of the States would be continued, there was no cause to hesitate as to the course the Cherokee Nation should pursue," '"Our geographical position and domestic institu- 12 THE CHEROKEE QUESTION. tioiis allied lis to the i^outli." This message gives no proof of having been written by a man under coercion, but the spirit with which it is written shows that the heart and soul of the writer entered into the subject. That he Avas ever loyal to the United States I do not believe. His neutral position, which in his letters he maintained for about two months, was only just not disloyal, if taken and maintained in good faith. But even of that excuse his often-repeated verbal declarations, only one month after the Avar commenced, and Avhile in his letters he Avas pretending neutrality, entirely deprive him. They show that he Avas assuringthe leading rebelsthat heAvas not neutral, but actually act- ing as an actiA'e emissary of the confederacy. Now it is perfectly appar- ent that he Avas acting with duplicity, and intended todeceiv'e one or the other party, or both. In this he succeeded. This was before the battle of Pea Ridge. After that battle, both Mr. Ross and the Cher- okee people thought and said and acted as interest, not loyalty to the United States, dictated. For ten months they had kepttAvo regiments in the lieldin the confederate service; so far they kept faith Avith the Confederate States. When Drew's regiment found they Avere not paid, clothed, or cared for, they abandoned the confederate and joined the Union army, because it Avas their interest to do so, not be- cause of their loyalty. They had fought for the rebels at Pea Ridge. If they had been paid, clothed, and cared for, it is ahiiost certain Ave never should have heard their clamor of loyalty or coercion. Mr. Ross says himself that he raised Drew's regiment for the rebel army before the treaty, and while a Cherokee treaty Avas in full force Avith the United States. From that time to the invasion of the Cher- okee Nation by the forces under Colonel Weir, every letter, every Avord, every act of his, so far as Ave know or have ever heard, or that he has been able to produce, shoAA^s that he Avas actively and zealous- ly at Avork promoting the success of the rebellion. His activity and zeal seem to have met the approA^al of the confederate authorities. He seems to have deserved it from them. The Cherokees. tAvo regi- ments strong, had Ibught in the battlq of Pea Ridge. He says lie Avould have been at headquarters, rendering all the assistance in his power against the common enemy, but for some bad conduct of Watie's men. When he made that lucky escape from the thraldom of the rebel army, aiid got 4o the Union lines, all his zeal and activ- ity seemed to have forsaken him. He left the nation, and did not return to it for three years, and, so far as I know, manifested no zeal or activity either in t4ie Union cause he loved so Avell, or for the Cherokees, Avho so much needed his counsel, advice, and assistance. There has not been one fact brought to my notice, or of Avhich I have heard, which, to my mind, has the slightest tendencv to prove coer- cion by the rebel army, any threat, or anything to cause even the most timid to think there Avas any fear of it. 'if there Avas.Avhy did he not inform the government of the United States of it? When he thought there Avas danger of invasion by the Union army he promptly in- formed the rebel government of it. The commission at Fort Smith, in September last, seeing what they THE CHEROKEE QUESTION. 13 cKd of liis bad influence upon the Chevokees, and liearing and believ- ing what wo heard, that he was opposed to the treaty being signed; and hearing that he w^as tampering with the Creeks, and believing it, and being satisfied that he had been from the first a secessionist, and believing he still was; being satisfied that he had acted with du- plicity, in bad faith, and treacherously towards the government of the United States,andbelievingthat he would continue so to act; being satisfied that he was opposed to entering into any treaty Avith the United States, and believing that he would continue opposed, although so desirable both to the Cherokee people and the government of the United states for their mutual peace and quiet, and so necessary for the best interest of the Cherokee people — the commission, I repeat, unanimously decided not to recognize John Ross as principal chief of the Cherokee Nation. In that decision I concurred. I Avas then, and I am still, satisfied that that decision was necessary, right, and proper, and should be adhered to by the government. For more than thirty years there have been two parties in the Cherokee Nation, known to the country as the Ross and Ridge par- ties. As the parties still, to some extent, remain the same, I may, in this report, continue so to distinguish them, though Ridge was as- sassinated by the Ross party in 1839. The formation of these parties was caused, as is believed, by discussions which led to and finally cul- minated in the treaty of 1835 between the United States and the Cherokee Nation. The Ridge party prevailed and made that treaty. The Ross party opposed it. After the removal of the Cherokees, under that treaty, to their present homes on the Arkansas, 4he dis- satisfaction increased in bitterness, and became a deadly feud. This feud, with greater or less bitterness, still continued, sometimes irri- tated and sometimes partially modified by other questions, real or imaginary causes, but never forgiven. Early in the late war, after the treaty made with the rebels, the Ridge party raised a regiment, commanded by General WatiO; and joined the rebel army, went south, where they and their families generally remain, and continued in that service to the end of the war. A little earlier in 18(31 Colonel Drew, under direction of Mr. Ross, raised a regiment in the Ross party, who also joined the rebel army, and continued in that service about ten months, when they deserted the rebel army and im- mediately joined the Union army, and continued to the end of the war. About the same time, from the Ross party was raised another regiment, (making two regiments of the Ross party in the Union army,) which also remained in the United States service to the end of the war. In June or July, when these two regiments were raised for the Union army, Watie's regiment, with the rebel army, was on the southwest bank of ithe Arkansas river, where they gen- erally remained for about two years. In July and August, 1862, the Union army, under Colonel Doubleday, and afterwards Colonel Weir, drove the Ridge party, under Stand Watie, from the Cherokee Na- tion in confusion, capturing all their train and provisions. They abandoned their homes and property to the Ross party, who re- mai lied in possession of the nation. For two years marauding par- 14 THE CHEROKEE QUESTION. ties of the rebel army, composed lar<;-ely of Cherokees of the Ridge party, crossed the Arkansas river into the Cherokee country and phindered the Ross party until the latter were in as destitute a con- dition as the former. The depredations were reciprocal, and the black flag seemed to be the banner under which both parties fought. Under these circumstances, the old feud (which never died, but only slept or pretended to sleep short naps, was, of course, revived, and was, I suppose, from the evidence before me. intensified. ' Separate delegations from each party are now in this city, called here for the purpose of making a treaty with the United States. They seem wholly unable to agree on any one material proposition. The Ridge party requires the Cherokee Nation for the present to be divided into two bands, each to make its own laws and execute them, but to remain component parts of the Cherokee Nation, and when (if ever) a reconciliation takes place, to reunite by their own agreement, or be united by the government. That for the present the territory should be divided, so that the two parties shall each en- joy its own without molestation from the other. They consent to sell or set apart to the United States, for the purpose of settling on it the friendly Indians of Kansas, all the Cherokee lands lying west of 95° 30' west longitude, and to sell to the United States the neutral land lying in Kansas for a sum not less than $500,000, with a liberal grant to'the several proposed railroads running through the Cherokee country. This is the substance of their propositions. The Ross party wholly refuse an}' division for any purpose, and require»all who wish to form a part of the Cherokee Nation to come back in a limited time. They agree, like the Ridge party, to sell the neutral land in Kansas, but refuse to sell or set apart any of their lands lying east of the line of 97^ west longitude, but they do agree that any of the friendly Indians who will become a part of the Cherokee Nation may settle on and occupy a part of their territory. They will make no grant to railroads, except the right of way over two hundred feet in width to each road, and require the north and south road to pass through Fort Gibson. They offer many_ other objectionable propositions, not ultimata] but the above are such. Under the instructions given to the commissioners at Fort Smith for our guidance there, which are still in force for my guidance here, I was compelled to refuse these propositions of the Ross party as wdiolly inadmissible. They would confirm to the Cherokee people about 6,500,000 acres of land, making about 382 acres each to every man, woman, and child in the Cherokee Nation — an amount ten times larger than is convenient under their present circumstances, and twenty times greater than will be advantageous or convenient when (if ever) they become perfectly civilized. To suffer this amount to ]ie useless in the hands of the Indians, who cannot use it, and really do not require it, and Avithhold it from civilization, which does require it, and can and will use it, is to my mind neither wise statesmanship nor good policy. After several propositions had been made on both sides, and many meetings and conversations had with the Ross party, under my in- THE CHEROKEE QUESTION. 15 ^tractions 1 presented them with tlie substance of what the treaty nust contain, set forth in the following paper. (See paper, Appen- dix, B.) The reservation therein referred to, east of 95^ 30' west longitude, ivill amount to about one hundred and seventy-seven (177) acres to 3ach Cherokee and freed person, men, women, and children included, rhis proposition they peremptorily refused. The account of what :ook place at this meeting was taken down at the time by a steno- ^■rapher present for that purpose, and is believed to be correct. (See paper in Appendix, marked C.) I think the offer of 320 acres to the Ross party much larger than :heir necessities demand. It is proposed to give them that portion 3f the country where they are now residing, so that, they will not be disturbed in their homes or property by the contemplated division. It will be seen from the foregoing that the feeling existing between the Ross and Ridge parties is extremely bitter, and all attempts at reconciliation have heretofore proved unavailing. It was to meet this state of things that in the original instructions by the President to :he commission about to start for Fort Smith last fall the following 3aragraph was inserted: " Strife and dissension ma3% in some instances, have prevailed to Rich extent in a particular nation or tribe as to result in the forma- :.ion of contending parties. If it is impracticable to reconcile them :o each other and re-establish their former harmonious relations as nenibers of the same organization, you may recognize them as dis- :inct communities. In that event you will authorize a division, on equitable terms, of its funds and annuities, and the settlement of each party on separate portions of their reservation, to be clearly marked by metes and bounds. Such parties will thereafter be treated as in- lependent tribes. You will, however, assure them of the anxious lesire of the President that all past differences should be buried in jblivion, and that they should live together as brothers. Your con- sent to the arrangement above suggested will not be given until all sftbrts to restore harmony and union shall have proved utterly una- vailing." During the conferences at Fort Smith, at my suggestion a com- mittee of five from each party met for the purpose of compromising md settling their differences, but was unable to accomplish any good result, the Ross party neither at Fort Smith or here having shown any disposition to adjust their differences with the Ridge party upon ^ basis of justice and equity. After having made earnest and repeated efforts to harmonize these difficulties, and finding all such efforts fruitless, it has been apparent that the only course left for the commissioners under the above-cited instructions was to provide for a just and equitable division of the lands and funds of the Cherokee people, and to treat the two parties as "distinct communities.'" Those instructions must govern the action of this office, unless modified or withdrawn. They have not been modified or Avithdrawn. Since the Cherokees have been in this city the Ross party have IG THE CHEROKEE QUESTION. issiu'd three p.vrnplilets, copies of which accompany this report, marked J), E, and F. The (irst one issued (D) is but a general history of the Cherokee difhculties, dangers and trials, and an attempt to prove that the Chcrokees were loyal to the United States, and coerced into the rebel- lion. Upon this question I have given my views in these pages. The second pamphlet (E) is mostly a defence of John Ross, strongly insisting on his loyalty, zeal, and ability in the Union cause. On his loyalty I have said all I wish to say, except this: that at Fort Smith, wiien the paper refusing any longer to recognize him as the princi- pal chief of the Cherokee Nation was under consideration, he asked the privilege of replying instanier, which was readily granted. He then spoke nearly an hour, and showed his loyalty by proving his neutrality to the last of June; said he had always been loyal and then w^as, and then stopped. Leave was granted his nephew, William P. Ross, to take time to prepare himself and reply for him. W. P. Ross, at the time appointed, appeared, and made a very creditable speech in favor of his uncle, John Ross; read a great number of letters as- serting his neutrality, and proving it up to the last of June, 18G1, about two months after the rebellion commenced; and then he stop- ped. Pamphlet E, under consideration, prepared under Mr. Ross's eye in this city, asserts his loyalty, as his own speech and the speech of W. P. Ross had done before, and refers to the same letters and papers referred to before b}' himself and W. P. Ross. I there- fore am forced to the conclusion that all that can be said for his loyalty has been said; and all the evidence of loyalty is, that for two months he asserted his neutrality, and that in the first half of that time he had given General Pike and McCulloch full assurance that he would, in a short time, betray the United States and join the re- bellion, and did do it. The pamphlet marked F is but a document arguing the reasona- bleness of their offer, and the unreasonableness of my demand in the paper marked B in the Appendix. I have already said what I had to say about the negotiation, unconscious that I have departed in any way from my instructions. The Ridge party has published two pamphlets in answer to those published by the Ross party. Whatever else may be said of all these pamphlets, I do not think any one can say that there is any want of cayenne to season them. They all show a keen hostility, the one party against the other, and that neither has yet forgotten its ancient grudge, or forgiven it. (See pamphlets marked G and H.) In the paper heretofore referred to, marked B, I have insisted on a separation, into two bands, of the Cherokees. I have for another purpose, in this report, mentioned the ancient feud of the Cherokees. That feud still exists, as is shown by the pamphlets above set forth; and that it has always existed since it first arose there can be no doubt. At dift'erent periods of Cherokee history it has shown itself. Nearly every distinguished man of the Ridge party has been killed, and Ridge himself, twenty-eight years ago, fell by the assassin's knife, while many of lesser note on both side, growing out of this THE CHEROKEE QUESTION. 17 Ross and Ridg'e feud, have died by violence. The Ridge party joined the rebellion, and with tlieir families went south, Avhere they mostly now are. The Ross party say they will forgive them, reinstate them in their homes, and aflbrd them protection to life, liberty, and prop- erty, but they must come back and submit to their jurisdiction. The Ridge party say their offence is against the United States, and not against the Cherokee Nation, which has no right to talk of forgive- ness; they can have no confidence in these promises of the Ross party, or any other they may make; they say the}^ have trusted them before, and been deceived. That they are afraid of assassination and depre- dations on their liberty and property, but more afraid of judicial murders, robberies, and deprivations of liberty, than from open as- sault; and say they never can and never will try to live with the Ross party until there is a decided change, of which they say they can as yet see no signs. Which party is right, or nearest right, or which is wrong or most wrong, I have no means of determining. That there is great ill- feeling is agreed by both parties; but they do not agree as to the extent of the hatred. Being myself in doubt, I applied to those who had been longest in the neighborhood, or had lived among them, and such as would be most likely to have a correct opinion as to the probability of the two parties harmonizing and living together in peace and security. I have directed letters to the following named gentlemen, and received their several answers, which will be found in the Appendix hereto: Answer from Judge Harlan, Cherokee agent, marked I; answer from Judge Tebbetts, marked J; an answer from Charles H. Johnson, marked K; answer from R. T. Van Horn, member of Con- gress from Missouri, marked L; answer from General Blunt, marked M; answer from General D. H. Cooper, marked N; answer from J. B. Luce, marked 0. These are all the answers that I have received to my letter of in- quiry; but these are enough. Every one of these gentlemen 4s well acquainted with the feuds in the Cherokee Nation; some of them from the time the3M'emoved from Georgia to the Arkimsas river. All speak of those feuds as of the most deadly kind, and each and all express the opinion that the two parties never can live together in peace, and that they had better be separated for the quiet of the country. I have not yet found one person who dissented from this opinion, ex- cept the members of tiie Ross delegation; and against that opinion that they can live together, I would offset the opinion of the Ridge delegation, equally or even more positive, that they cannot. I entertain no doubt but that it is the duty of the United States to insist upon their separation for the peace of the country, and for the welfare of the Indians themselves. ^ From the various considerations adduced, and documents referred to in this report, the following conclusions are obtained, viz: That after protracted and diligent efiorts, continuing about five months, to make some satisfactory arrangements with the delegates 2 18 THE CHEROKEE QUESTION. representing the Cherokee national authorities, by which the gov- ernment of the United States could expect to fulfil its guarantee to protect the nation from domestic strife, such elforts failed. That thepe is no reasonable probability of the two parties being able to harmonize their diOiculties and live together in peace. That under the original instructions furnished by the Executive to the commissioners, there remained but one course to pursue, to Avit, to make the best possible arrangements for the division of the people and partition of the national property and funds. Tliat, by manifold proofs, the Ross party, which refuses to take ]iart in these necessary arrangements, has been so far identified with the late rebellion that they cannot, in common justice and fairness, appeal to loyal hearts in the government of the United States to take tlieir part, to the exclusion of the I'ights of other parties of the same nation, who. like the Ross party, entered into close relations with the leaders of that rebellion. Acting under special instructions from the Secretary of the Inte- rior, who lias been fauiiliar with the whole course of the negotiation, "to settle and pay the necessary expenses incurred by the delegates representing the northern Oherokees in coming to this city and dur- ing their sojourn, and to advance enough to defray their expenses home, and to carry into ell'ect the oral and written instructions of the President in relation to the southern Oherokees," I have, with Com- missioners Sells and Parker, concluded and signed, on the l?>th instant, articles of agreement with the deleirates of tlie southern Cherokees, providing for their separate existence and the division of the national property. This document is laid before you for your constitutional action. If it shall meet with your approval, and be ratified, and go into full effect, we inivy reiisonably hope for a cessation of the long- continued troubles of the Cherokee people. Very respectfully, your obedient servant, D. N. COOLEY, Commissioner. APPENDIX. No. 1. General McCidloch to John Boss. Headquarters McCulloch's Brigade, Fort Smith, ArL, June 12, 1861. Sir: Having been sent by ray government (the Confederate States of America) to take command of the district embracing the Indian territory, and to guard it from invasion by the people of the north, I take the first opportunity of assuring you of the friendship of my government, and the desire that the Cherokees and other tribes in the territory unite their fortunes with the confederacy. I hope that you, as chief of the Cherokees, will meet me with the same feelings of friendship that actuate me in coming among you, and that I may have your hearty co-operation in our common cause against a people who are endeavoring to deprive us of onr rights. It is not my desire to give offence or interfere with any of your rights or wishes, and shall not do so unless circumstances compel me. The neutral posi< tion you wish to maintain will not be violated without good cause. In the mean time those of your people who are in favor of joining the confederacy must be allowed to organize into military companies as home guards for the purpose of defending themselves in case of in- vasion from the north. This, of course, Avill be in accordance with the views you expressed to me, that, in case of an invasion from the north, 3^ou would lead your men yourself to repel it. I Should a body of men march into your territory' from the north, or 5f I have an intimation that a body is in line of march for the terri- tory from that quarter, I must assure 3'ou that I will at once advance into your country if I deem it advisable. I have the honor to be, sir, vour obedient servant, BEN. Mcculloch, Brigadier General, Commanding. His Excellency John Ross, Chief of the Cherokee Nation. No. 2. John Bosses rephj to the above. Executive Department, Park Bill, C. N., June 17, 18G1. Sir: I have the honor to acknowledge by the first return mail the ■eceipt of your communication, dated at Fort Smith, Ark., the 12tli 20 THE CHEROKEE QUESTION. instant, informing; me tliat you have been sent by the government of the Confederate States of America to take command of the district embracing- the Indian territory, and to guard it from invasion by the people of the north. For the expression of your friendship, be pleased to accept my heartfelt thanks, and the assurance that I cherish none other than a similar sentiment for yourself and people; am also grat- ified to be informed that you will not interfere with any of our rights and wishes, unless circumstances compel you to do so, nor violate or molest our neutrality without good cause. In regard to the pending conflict between the United States and the Confederate States, I have already signified my purpose to take no part in it whatever, and have admonished the Cherokee people to pursue the same course. The determination to adopt that course was the result of considera- tions of law and policy; and seeing no reasons to doubt its propriety, I shall adhere to it in good faith, and hope that the Cherokee people will not fail to follow my example. I have not been able to see any reason why the Cherokee Nation should take any other course, for it seems to me to be dictated by their treaties, and sanctioned b}' wis- dom and humanity; it ought not to give ground for complaint to either side, and should cause our rights to be respected by both. Our countr}' and institutions are our own. However small the one or humble the other, they are as sacred and valuable to us as are those of your own populous and wealthy State to yourself and your people. We have done nothing to bring about the conflict in which you are engaged with your own people, and I am unwilling that my people shall become its victims. I am determined to do no act that shall furnish any pretext to either of the contending parties to overrun our country and destroy our rights. If we are destined to be over- whelmed, it shall not be through any agency of mine. The United States are pledged not to disturb us in our rights, nor can we for a moment suppose that your government will do it, as the avowed principles upon which it is struggling for an acknowledged existence are the rights of the States and freedom from outside interference. The Cherokee people and government have given every assurance in their power of their sympathy and friendship for the people of Ar- kansas and of other Confederate States, unless it be in voluntarily as- suming an attitude of hostility towards the government of the United States, with whom their treaties exist, and from whom they are not experiencing any new burdens or exactions. That I cannot advise them to do, and hope that their good faith in adhering to the require- ments of their treaties, and of their friendship for all the whites, will be manifested by strict observance of the neutrality enjoined. Your demand, that those people of the nation who are in favor of joining the confederacy be allowed to organize into military companies as home guards for the purpose of defending themselves in case of in- vasion from the north, is most respectfully declined. I cannot give my consent to any such organization, for very ol)vious reasons: 1st. it would be a palpable violation of my position as a neutral; 2d, it will place in our midst organized companies not authorized bv our laws, but in violation of treaty, and who would scon become effi- cient instruments in stirring up domestic strife, and creating internal THE CHEROKEE QUESTION. 21 difficulties among the Cherokee people. As in this connexion you have misftpprehended a remark made in conversation at our interview some eight or ten days ago, I hope you will allow me to repeat what I did say : I informed you that I had taken a neutral position, and would maintain it honestly; but that in case of a foreign invasion, old as I am, I would assist in repelling it. I have not signified any purpose as to an invasion of our soil and an interference with our rights from the Lnited or Confederate States, because I have apprehended none and cannot give my consent to any. ' I have the honor to be, sir, vour obedient servant JOHN ROSS, -r, . ^ ^ Principal Oliief Clierol-ee Nation. Bng. Gen. Bex. McCulloch, ComWj Troops of Confederate States, Fort Smith, Arh No. 3. John Ross' s letter to Opothleyohoh, Creek chief September, 18G1. Park Hill, Cherokee Nation, September 19, ISGl. Friends AND Brothers: I have received a few lines from you written on the back of a hasty note which I had written to the chiefs and headmen of 3'our nation, and from which the followino- is an extract : '^ "Brothers: lam gratified to inform you that the Great Being who overrules all things for good has sustained me in my efforts to unite the hearts and sentiments of the Cherokee people as one man; and at a mass meeting of about four thousand males, atTahlequah. with one voice we have proclaimed in fovor of forming an alliance with the Confederate States, and shall thereby preserve and maintain the brotherhood of the Indian nations in a common destiny." Brothers, if it is your wish to know whether I had written the above note or not, I will tell you that I did; and in order that you may bo fully informed of the wdiole proceedings of the Cherokee people at the mass meeting stated, and of the reasons which influ- enced the people to adopt them, I send you herewith several printed copies of my address to the people in convention, and of the resolu- tions adopted by them on that occasion. I wish you to have them carefully read and correctly interpreted, in order 'that you may fully understand them. Brothers, my advice and desire, under the present extraordinary crisis, is for all the red brethren to be united among themselves in the support of our common rights and interests bv forming an alliance of peace and friendship with the Confederate States of America. Your friend and brother, JOHN ROSS, Principal Cldef of the Cherohee Nation. To Opotiileyoholo and others of the Chiefs and, Hondmrn nf flto C'.-^aT' X^r.f,'^^^ 22 THE CHEROKEE QUESTION. No. 4. Joint Ross to OpothleTjolwlo, Odoher 8, 18GI. Tahlequah, Cherokee Nation, Odoher 8, 1861. Friends AND Brothers: Some short time since I received a fe\v . lines from yon, written on the back of a note of mine to the chiefs and headmen of the Creek nation, informing them that the Cherokee people had resolved in favor of forming an alliance of peace and friendship with the southern confederacy, and you wished to know if 1 had written that note. I replied that I had; at the same time 1 sent you a printed copy of my address to a mass meeting of about 4 OOO'of the Cherokee people; also of their resolutions on that occa- sion authorizing a treaty of alliance with the Confederate States. I furthermore informed you that my advice to all the red brethren was to be united and friendly among themselves. I have not heard from you since. ' . Brothers. I am grieved to hear of so many bad reports whicli inave been circulated throughout the land; many of them are no doubt false and without foundation, and which, if not corrected and silenced, might lead to trouble and bloodshed. They should, by all means, be checked, if possible. Motey Kennard, as chief of your nation, has appealed to me lor tlie mediation of vour Cherokee brethren, for the purpose of reconciling difficulties alleged to exist among your people in consequence of the late treaty entered into with General Pike. I have promptly consented to do all in my power to restore peace among my brethren; and in order to enable me to act effi- ciently as a true and faithful brother, I have obtained from General Pike letters of safeguard for the protection of yourself and friends in coming to this place and returning home in safety, under the pen- alty of death for violating them. I have, therefore, appointed my friend and associate chief, Hon. Jos. Vann, to head a delegation on a mission of peace, and to make you a friendly visit; to hold a free and brotherly talk with you, face to face, that you may fully under- stand the true position of your Cherokee brethren, and especially to invite you and your personal friends to come and visit your Cherokee brethren now assembled in national council at this place, where we may all smoke the pipe of peace and friendship around our great council fire kindled at Tahlequah eighteen years ago, and that all mis- understanding among the family of our red brethren may forever be buried in oblivion. Your friend and brother, Hon. Jos. Vann, who is bearer of impor- tant papers to you, will explain more fully the objects of his mis- sion . I sincerely hope that you will not fail to come with him, to shake the hands of brotherly friendship with your Cherokee brethren. Your friend and brother, JOHN ROSS, Principal Chief Cherolcee Nation. To OroTHLEYOHOLO and others. THE CHEROKEE QUESTION. 23 No. 5. Albert Pil-e to the Conunissioner of Indian Affairs. Memphis, Tennessee, Fehruary 17, 186G. Sir: I have received, to-claj, a copy of the " memoriar"' of the *' Southern Cherokees,'' to the President, Senate and House of Rep- resentatives, in replv to the memorial of other Cherokees. chiiming to be "loyal." It is not for me to take any part in the controversy between the two portions of the Cherokee people, nor have I any interest that could lead me to side with one in preference to the other; nor am I much inclined, having none of the rights of a citizen, to offer to tes- tify in any matter, when my testimony may not be deemed worthy of credit, as that of one not yet restored to respectability and credi- bility by a pardon. But, as I know it to be contemptible as well as false for Mr. John Ross and the "loyal " memorialists to pretend that they did not vo- luntarily engage themselves by treaty stipulations to the Confederate States, and as you have desired my testimon}', I have this to say, and I think no man will be bold enough to deny any part of it. In May, 1861, I was requested by Mr. Toombs, secretary of state of the Confederate States, to visit the Indian country as commissioner, and assure the Indians of the friendship of those States. The con- vention of the State of Arkansas, anxious to avoid hostilities with the Cherokees, also applied to me to act as such commissioner. I accordingly proceeded to Fort Smith, where some five or six Chero- kees called upon General McCulloch and myself, representing those of the Cherokees who sympathized with the south, in order to as- certain whether the Confederate States would protect them against Mr. Ross and the Pin Indians, if they should organize and take up arms for the south. We learned that some attempts to raise a seces- sion flag in the Cherokee country on the Arkansas had been frus- trated by the menace of violence; and those who came to meet us represented the Pin organization to be a secret society, established by Evan Jones, a missionary, and at the service of Mr. John Ross, for the purpose of abolitionizing the Cherokees and putting out of the way all who sympathized with the southern States. The truth was, as I afterwards learned with certainty, the secret organization in question, whose members for a time used as a mark of their membership a pin in the front of the hunting-shirt, was really established for the purpose of depriving the half-breeds of all political power, though Mr. Ross, himself a Scotchman, and a Mc- Donald both by the father and the mother, was shrew^d enough to use it for his own ends. At any rate, it was organized and in full operation long before secession was thought of. General McCulloch and myself assured those who met us at Fort Smith that they should be protected, and agreed to meet at an early day, then fixed, at Park Hill, where Mr. Ross resided. Upon that I sent a messenger west with letters to five or six prominent members 24 THE CHEROKEE QUESTION. of the anti-Ross party, inviting tliem to meet me at tlie Creek agency two days after the day on wbich General McCnlloch and I were to meet at Park Ilill. I did not expect to eft'ect any arrangement with Mr. Ross, and my intention was to treat Avith the heads of the southern party — Stand Watie and others. When we met Mr. Ross at Park Hill he refused to enter into any arrangement with the Confederate States. He said that his intention was to maintain the neutrality of his people; that they were a small and weak people, and would be ruined and destroyed if they engaged in the war; and that it would bo a cruel thing if we were to engage them in our quarrel. But he said all his interests and all his feel- ings were with us, and he knew that his people must share the fate and fortunes of Arkansas. We told him that the Cherokees could not be neutral. We used every argument in our power to change his de- termination, but in vain, and, finally. General McCulloch informed him that he w^ould respect the neutrality of the Cherokees, and would not enter their country with troops, or place troops in it, unless it should become necessary in order to expel a federal force, or to protect the southern Cherokees. So we separated. General McCulloch kept his word, and no con- federate troops ever were stationed in, or marched into, the Cherokee country, until after the federal troops invaded it. Before leaving the nation I addressed Mr. Ross a letter, which I afterwards printed and circulated among the Cherokee people. In it I informed him that the Confederate States would remain content with his pledge of neutrality, although he would find it impossible to maintain that neutrality; that I should not again offer to treat with the Cherokees; and that the Confederate States would not consider themselves bound by my proposition to pay the Cherokees for the neutral land if they should lose it in consequence of the war. I had no further communication with Mr. Ross until September. Mean- while he had persuaded Opothleyoholo, the Creek leader, not to join the southern States, and had sent delegates to meet the north- ern and other Indians in council near the Antelope Hills, where they all agreed to be neutral. The purpose was to take advantage of the war between the States, and form a great independent Indian con- federation. I defeated all that by treating with the Creeks at the very time that their delegates were at the Antelope Hills in council. When I had treated with them and with the Choctaws and Chicka- saws, at the North Fork of the Canadian, I went to the Seminole agency and treated with the Seminoles. Thence I went to the Wi- chita agency, having previously invited the Reserve Indians to re- turn there, and invited the prairie Comanches to meet me. After treating with these, I returned by Fort Arbuckle, and before reach- ing there met a nephew of Mr. Ross and a Captain Fields, on the prairie, bearing a letter tome from Mr. Ross and his council, with a copy of the resolutions of the council, and an invitation, in pressing terms, to repair to the Cherokee country and enter into a treaty. I consented, fixed a day for meeting the Cherokees, and wrote Mr^ THE CHEROKEE QUESTION. 25 Ross to that effect, requesting him also to send messengers to the Osages, Quapaws, Shawnees, Senecas, ^° ^ "^* ^V °^ *» .x^^ tf^. . LIBHARV BINDING Hf^ * * •^^iTw^''^ O V ' . -^ /^^ FLA. , '^ \^ 'i-> vP LIBRARY OF CONGRESS 010 737 535 1