E99 .C5 C4662 Copy 2 1SSI ■'.;■- 4' : % ; ■'■- ' '•^•""> -.:.-!.. : -' V O o > u* o. • m V > v.* V '•' n* Ti A >>•»«_.« o .V % V ' ,0 ,^ ° ♦° \ $* - f s- <, '•..• <* -f- .0 *G* *<*0< ^ o V • A v « v. • &3* OF THE DELEGATES OF THE CHEROKEE NATION TO THE PEESIDENT OF THE United States, AND THE Semite aito louse of ^mntatifttfl in Congress. V/ASHINGTON CHRONICLE PRINT, 1866. To the President of the United States, and to the Senate and Hte*. of Representatives. ment iathe Indian Territory." _ onviction of ur people, that It is our solemn conviction and the c0 ^ lct ^ c ° ution & J [n cruah if that bill becomes a law, and is wuduito exe ^ such us as a people, and destroy ns as a Ration. ^»°P e ° Wch wil f show ^Sr^S^i^ claim on them to gamzedfortwoorthieeyeats jiiuij l the the lead of Stand Wa.e, lately a Geae.aUn tie re infl > ence9 disloyal element, (smal 1 in numbers ^b **"£«* £f t o "Blue Lodges," and "K»Wto .f *h. 0°ld» B C »*■£, J emselves int o a Loyal ^tno^asT^oofha fc%%%£2£S^ blooded Indians. rn •, hn(1(1 to encroachments on The object of this League was resist race to e jc 10a inte . r ity sacred obligations, to an nnyield.ng Mel, y to our t ™» • United States, and to an unfaltering suppoitot ourownr ernment, constituted under those treaties. ^^ 8 ^ of T. formed in every part of ~ «"»giJ*JSy ve „ hei'd among the ssaWtwsKL srjs •«»»--• sfc^JitaHJS^ MSS Th V rCsiti„n to » was SenT 'While some members of the Society = pro-slavery in their sentiments, yet hey . »vcd the ^ con, J han slavery-while the great ™J«"^1 *^ „S wore op- conviction also. txt„*:^ M ; a0 rl ^ robel reeiment, cou- Whcn hostilities began, S and Watie raided a ^ rebel reg , sisting chiefly of the most desperate characters. Ibere *e full bloodod Cherokees in this regiment, and a somewhat larger num- ber of mixed blooded Cherokees, but the majority of the regiment were white men, and the majority of those white men were not citizens »l tfte Lherokee -Nation. Set, all the odium of their depredations was f^dJed on to the Chei i Ti desperadoes and their friends made several attempts to raise the rebel standard in the Cherokee , ' " "on, the loyal populace. either prevent- ed the raising of the rebel flag, or tore it down when raised, and P,,„ came. V, friend or defender was near. The army of 'Z:' i,0 - [i ; l:oh r lU '- ?»■««*»' wMgon* Every post in taVli Jim country and Its vicinity was abandoned, and all the Indian | ; |i| 1 " that conotry *ere traitors, eveo those appointed by Mr. While thus environed, as the only means of averting the wholesale hter of the loyal Cher, .nvention was ellled. 1 that cntion (Augusl 91s1 1861 I under duress the most complete and -."■. I-P- polled to empower theauYhorf > ■"■■•• to treat with the rebela We repeat it with V"'"' eld, and this acti wtake Tyas ' ";"' ' ' "'/ ' ^termination. \ hand of Stand Wotie's Rebels ; adalr ;( a,lv,.,n,-,al,,lann,ina hotel, in front of the public Squwe held. In case the convention had dl contrary eoorse, this band was prepared then and there ion on the loyal Cherokees. But by S i l , nvention, a collision with tha ed for the v ""--"- nt to Albert Pi . i;. tx , Com- '-vthat we w,ro ready to make a treaty, wnich we hS hclav r a ,K h0rtl ' , ? 10p / ' *7 was entered into on l '"""-" '» ■ m hoped still toaverl a ;;-;'' ■'"-'■■■i Jd reach 1 from th e Lhedepredatl v, weresoi mg with the rebel army, but really for the purpose •orydayc miftedo aUempteS ter tin- troatv was entered into, this regiment was taken into the rebel ^service, but must of its officers, and nearly all of its men were as earnestly ^ loyal to the United States as any soldiers in the Union service Jh s you may doubt, but the reality and earnestness of thei r loyalty wm u abundantly verified by their conduct subsequent to the convent on and the treaty, as it was by their previous course. (,iv.- , us your at- tention while we state a few facts which prove this aaae,rtK>n. _ Opothleyoholo, and the loyal Creeks and Semmoles> Mid portions of other tribes, had been driven from their country by the rebels, and were camped in the western part of the Cherokee country. «en Cooper (rebel) had sent Captain McDaniel, of the CHerok e egunen (and one of our delegates now present.) with a party to induce those loyal Indians to come in and submit to the rebel author* . ' Cap McDaniel went, but instead of fulfilling this mission, he and his men joined the loyal Indians. ,,_!.,,, J Still, however, he kept up communication with Gen. Cooper, but whenever he sent a despatch purporting to inform the general of the progress of his mission, he always sent a secret message to the Union League, in the rebel service, informing them of Ins real movements Finally, Gen. Cooper discovered the trick and marched his whole brigade against Opothleyoholo and Capt, McDaniel On the 7th of December, 1861, Cooper camped near his enemy. Member i of the Union League were placed on picket. At nig hfc Capt McDanielap. preached them, was cordially received, passed into the rebel camp and consulted with his friends. They decided that since they ^were compelled to fight, they would take their own choice as to the side on which they would fight. Capt. McDaniel carried back with hun to the Union Indians, a good supply of ammunition, taken from the VC ctpTlay in camp until the morning of December 9th, when he discovered that the Cherokee regiment was entirely broken up. 1 captains, and five hundred (500) men had gone over to the .Union Indians, carrying with them arms and ammunition, making now over six hundred (600) Cherokee warriors, on the Lnion side. Others belonging to the regiment scattered, and only a small remnant was ' e Aftcr a S Cooper was afraid to risk a fight, and began to re treat But a scout from Stand Watie's regiment captured some of the lojal Oherokecs, and ran with them to the rebel lines. Our men Pursued. but the rebels had killed some of the prisoners before they could get to their rescue. This brought on a general engagement, and we fought the rebels for six hours, when they Bed in confusion, leaving their dead and wounded in our hands. w5f i,: n fwn All this was done when there was no Federal force Within two hundred (200) miles of us, and no communication with the Unitea States Government or its officers. Solitary and alone, we fought for the Government, when she was unable to redeem her pledge ol pro- tection, repeated in every treaty for three quarters ol a century ana which, in the Treaty of 1835, Article 0th, is thus expressed: « United States agree to protect the Cherokees from domestic strife Mid foreign enemies, and against intestine wars between the several tribes." 6 .\ ter this fight, Capt McDaniel was sent to Kansas, with all speed, to beg fche Federal authorities to help as maintain our ground. But in that dark hour of calamity, when in our fidelity to the Union — we had staked our, all — our property — our homes — our country and our no help could be bad. We cannot adequately depict the scenes which followed in conse- qnence of this failure to obtain help from fche Federal army, aa seven thousand (t,000) loyal Indians were driven before a foe, infuriated by defeat, and strongly reinforced. With their eyes turned toward the North, ever hoping for buccot, the warriors battled in the rear. covering the retreat, while the old men.Vith women and children, half starved, half clothed, bare footed, waded through the frozen snows, and breasted the keen windSOn the prairies. Never will their known*. Frozen hands and feet — starved and emaciated frami - — \\ [fl \'<\idc in your Service, testify that we have done keb Delegation Washington, D. C. January 24A, L866. RD 12.8 My3 11 Whreas, on the 21st day of August, 1861, a General Convention of the people of the Cherokee Nation was held at Tahlequah, in the Cherokee Na- tion, -whereat it was " Resolved, That, reposing full confidence in the consti- tuted authorities of the Cherokee Nation, we submit to their wisdom the management of all questions which affect our interests, growing out of the exigencies of the relations between the United and the Confederate States of America, and which may render an alliance on our part with the latter States expedient and desirable," and, whereas, in accordance wilh said resolutions, a Treaty of Alliance and Friendship was entered into, on the 7th day of Oct., A. D., 1861, between Albert Pike, Commissioner representing said Con- federate States, and the said authorities of the Cherokee Nation. And, whereas, said proceedings were the result of the absence of the protection guaranteed to the Cherokee Nation, by the Government of the United States, and the overwhelming pressure of the circumstances which surrounded them, consisting in part of the secession of the States of Missouri, Arkansas and Texas, and the Creek, Seminole, Choctaw, and Chickasaw Nations, the presence of the troops of the Confederate States on our borders, and in our country, and the calling into the service of a regiment composed of disaffected Cherokees and whites, under the authority of Gen. McCulloch, and the purpose of the Con- federate States, as manifested by the Legislation of their Congress, and the act6 of their Commissioners, to sieze the Indian country, through an arrangement with a reckless minority of the Cherokee people, or by force of arms, if neces- sary, and which said circumstances isolated the Cherokee Nation, weak and unarmed, and cut them off from communication with the Government at Washington, except through faithless Government Agents, and thus deprived them of all freedom, and coerced them into the acts cited above. And, whereas, acts performed under such duress, have no binding effect, in law or morals. Therefore : Be it enacted by the National Council, That the Treaty of the 7th of October, 1861, between the Confederate States and the Cherokee Nation, and all proceedings had thereon, be and the same are hereby revoked and declared to be null and void. Be it further enacted, that the Cherokee people reassert the binding obliga- tions of their treaties with the United States, and claim at their hands the protection, rights, and privileges guaranteed by them, and due to the Chero- kee people by the fidelity they have shown to the Government, while in the service of her army. Be it further enacted, That the principal Chief be requested to call a conven- tion of the Cherokee people as early as practicable, and lay before them, for their approval and ratification, the provisions of this act. Cowskin Prairie, Cherokee Nation, | February 18th, 1863. ) Signed, LEWIS DOWNING, Pres. pro tern. National Committee. Concurred in Council, SPRING FROG, Speaker of Council. WILLIAM SCRAPER, Clerk of Council. Approved, Feb. 18th, 1863. THOMAS PEGG, Acting Principal Chief. An act for the removal of disloyal men from office. Be it enacted by the National Gonncil, That all officers of the Cherokee Na- tion, in the legislative, judicial, and executive departments, and all other 1*2 oflicers whatsoever, who are disloyal to the Government of the United Slates and to thai of the Cherokee Nation, he and the same are herehy removed from office, and their rcpective offices are hereby declared vacant. LEWIS DOWNING, Pies, pro tern., National Committee. J. B. JUNKS, Clerk National Committee. Cowskin Prairie, Cherokee Nation, ) February 20th, 18G3. j Concurred in Council, Feb. 20th, 1868. SPRING FROG, Speaker Council. WM. M. SCRAPER, Clerk Council. Approved, February 20th, 1868. THOS. PEGG, Acting Principal Chief. An Act Emancipating th {Jlavea in iht Cherokee Notion, I;, U enacted by th KtZ, That all Negro and other slaves, within the limits of the Cherokee Nation, be and they are hereby emanci- pated from slavery,— and any person or persons who may have been held in ulavery, are hereby declared to /<■ fori ot rfree. w H< it further enacted, Thai this act snail go into effect on the twenty-fifth (25th) day of June, 1888. And any person who, after the said 25th (lay of June, 1868, -hall offend against the provision- ot this act, by enalavi holding any person in slavery within the limits of the Cherokee Nation, he or she so offending shall, on conviction thereof before any of the Courts of this Nation having jurisdiction of tl forfeit and pay for each offence, a sum not [ess than one thousand ($1,000) dollar*, nor molt' than live thou- 000) dollars, at the discretion of Hie Court. Two thirds of said fine shall be paid into the National Treasury, and one •hird -ball be paid, in equal sums, to the Solicitor and the Sheriff of the Dis- trict in which the offence shall have been committed. And, it is hereby, made the duty of the Solicitors, of the several , to see that this law . enforced. Rut in ease any Solicitor shall m gleel or fail to discharge lii- duties herein, and shall be convicted thereof, be -ball be deposed from his office, and -ball thereafter be Ineligible to bold any office ot trust or honor in this Nation. The Acting Principal Chief ii hereby re. mired to give due notice ot ti, />. it further i lacted, That till laws and parts of law- conflicting with the provisions of this act, be and are hereby repealed. ( towskin Prairie, C. N, -. P.!, aut, 1868. I k i i:\vis DOWNING, Clerk National Com. Pr< . National Committee. Concurred in Council, Approved Feb. Slat, 1868. BPRING PROG, Speaker of Council. 'ill"-, i' PrincipaJ chief. p. 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