unautoRIAI,
or A.
DELEGATION FROM THE CHEROKEE INDIANS.
enesisten to congress January 18, 1831.
To the Honorable Senate and House of Representatives of the United States of
America in Congress assembled.
The Memorial of the undersigned Delegation from the Cherokee Nation
East of the Mississippi, thereto especially instructed by their nation, respect-
fully showeth unto your honorable bodies the afflictive grievances which it has
been their unhappy fate to endure for some time past. -
They would respectfully call your attention to the memorials submitted be:
fore you during the last session of Congress, embracing subjects of great im-
portance to the interests and welfare of their people, some of which they beg
leave at this time again to repeat.
The state of Georgia, in its earnest desire to acquire the extent of her
chartered limits, set forth a claim to a large portion of Cherokee lands, as have
ing been purchased under the treaty of the Indian Springs, made with the
Creek Naion, and which, it is well known, was rendered null and void by a
subsequent treaty, entered into in 1826, in this City, with the same nation.
Under the authority of said State, a line has been run by commissioners, com:
prehending more than a million of acres of land, lying north of the established
boundary between the Cherokee and Creek nations, and to which the latter
disavowed any pretension of right, claim, or interest. The subject was brought
before the President of the United States, who has caused a third line to be
established, never contended for by any of the parties; and unauthorized by
any existing treaty with either nation, though officially declared shall be the
line between the lands ceded by the Creeks in 1826 to the United States and
the Cherokees. On the portion of territory we have thus been deprived of,
were the houses and homes of many Cherokees, who have been compelled to
leave them, with the farms that afforded their families subsistence. “The
tract of land,” says Governor Gilmer, in his late message, “from which the
Cherokees have been removed by order of the President, is supposed to contain
464,646 acres, and now subject to be disposed of,” &c. From the decision of
the President on this subject of boundary, your memorialists, in behalf of their
nation, beg leave to appeal, and to question the legal and constitutional powers
of the Chief Magistrate to change or alter, in any manner, the established line
between the Cherokees and Creeks, without their consent. A difference of
opinion had arisen in 1801, between the same nations, relative to a certain
part of their boundary; and when the subject was introduced at the War De-
partment by a deputation of Cherokee chiefs, and the interference of the Go-
vernment solicited, the following reply was given by direction of President
Jefferson : “It will be very difficult for the President to ascertain the lines
between the several countries of the red people. They must settle all
such controversies among themselves. If you cannot agree, how shall we be
able to decide correctly.” [See Minutes of Conferences holden at the War
Office, between the Secretary for the Department of War, on behalf of the
United States, and a deputation from the Cherokee nation of Indians, on
behalf of the said nation, on the 30th of June and 3d of July, 1801.] Dur-


2
ing the administration of the same eminent lawyer and state
of 1805 was made with the Cherokees, by the º article ººº
of Indian nations is admitted, to settle and determine questions of boundary
among themselves, viz.: “It is also agreed on the part of the United states
that the Government thereof will use its influence and best endºr, to prº
wail on the Chickasaw nation of Indians to agree to the following boundary be-
tween that nation and the Cherokees,” &c. “But it is understood by the
contracting parties, that the United States do not engage to have the aforesaid
boundary established, but only to prevail on the Chickasaw nation to consent
to such a boundary between the two nations.” By these references, we be.
lieve the Position of our nation to be fully and clearly sustained ; and that its
agreement with the Creek nation in 1821, on this subject, is binding to all
intents and purposes; and that the sanction of this Government was not es.
sential thereto, to make it so; and that they alone, by voluntary surrender of
their lands, have the right to alter that boundary.
By the treaty made with the Arkansas Cherokees in 1828, inducements
were held out to the individuals of our nation to remove west of the Missis-
sippi, and join their brethren, who had withdrawn from their connexion with
us in 1817 and 1819, and established for themselves a separate and distinct
Government, thereby absolving all the political relationship which had pre-
viously existed as citizens of the same community. That treaty was never
presented to the authority of our nation for its assent, nor the right of the Ar-
kansas Cherokees ever admitted to interfere with, or affect in any manner, the
rights and the interests of our people. Under its provisions, however, indi-
viduals have been induced to emigrate; and in pursuance of the stipulation
contained in one of the articles, that the Government would make to every
individualso emigrating “a just compensation for the property he may aban-
don,” appraisers were appointed by the President, who has extended the term
“property abandoned” to embrace the houses, farms, and lands upon which
situated, claimed by emigrants, and who have valued, agreeably to instructions,
the improvements so claimed or occupied by them; and it is now contended
that the United States have acquired a title to the lands as well as to the im-
provements valued, and permission given by the Executive to citizens of the
United States to enter the nation, and occupy them to the exclusion of the
natives. The lands are, it is well known, not held in severalty by the Chero-
kees, but as a nation, and this right has been solemnly guarantied to them
by treaty with the United States. The right of individuals to cede or trans-
fer any portion of their territory has never been admitted, either by themselves
or the Government; and in point of justice and law, all such citizens of the
United States who have thus been permitted to enter and settle upon our
territory, are intruders, and the faith of this Government is pledged for their
removal. We protest against the right of the Arkansas Cherokees, or the
Government, to enter into any arrangement to affect our rights contrary to the
will of the nation, and also against the introduction and continuance of a po-
pulation in our country so detrimental to the interests and peace of our citi-
zens, the security of their persons and property from insults and outrage, and
so utterly at variance with the plighted faith of this Government, for our ter-
ritorial protection and promise of good neighborhood.
It is further contended by the Executive, that the United States have ac-
quired a title to lands within the present acknowledged bounds of the nation,
under the 7th article of the treaty of 1817 with the Cherokees, which stipu:
lated that the United States should lease to the Indians improvements that
had been abandoned by emigrants, and who had received compensation fºr
the benefit of “the poor and decrepid warriors” of the nation, and which
was to be continued until such improvements were “surrendered by the nº-
tion or to the nation.” By the treaty of 1819, the leases under that of 1817
were declared void, which is of itself sufficient evidence of a surrender to
the nation of all such improvements as fell within its limits agreeably to the

3.
boundary then established; and it is moreºver declared, that the treaty of
1819 is a final adjustment of the treaty of 1817, and the lands then ceded to
the United states are in full satisfaction of all claims which the United States
have on that nation on account of a cession of lands on the Arkansas, for the
benefit of the emigrating Cherokees; yet a claim has been, asserted by the
Executive, on the part of the United States, to a title to lands within our pre-
sent bounds, acquired under an article in the treaty of 1817, which, by the
treaty of 1819, was rendered void, and fully satisfied, which, it is said, enure
to the benefit of Georgia, and is made another plea to allow intrusions.
Added to ºil these are many other intruders, who, without any other Prºtext
than to trespass upon our possessions and our rights, contrary to existing laws,
are allowed to annoy and harass our peaceable citizens to an almost unsuffer:
able degree. In many instances have they by violence forced the natives out
of their houses, and taken possession; while others less daring have erected
buildings for their own use, upon the premises of the objects of their oppres:
sion, the frequent complaints made through the agent, and otherwise, to
the Government, failed to produce the desired relief from circumstances, so
well calculated to produce excitement and disturbance between the whites
and the red people. To such an alarming extent had intrusion been indulg-
ed, that the authority of the nation, relying on an article of treaty, and the
former advice of the present Chief Magistrate of the United States, when a
General of the southern division of the United States Army removed a few
families who had penetrated far into the country, and of the most exceptiona:
ble character—a measure demanded by the security of the persons and pro-
perty of the Cherokees. It was seized upon and declared a hostile move-
ment, and an armed band of intruders, in retaliation, wreaked their vengeance
upon a few peaceable individuals. One was cruelly murdered, auother wound-
ed, and a third led a prisoner into Georgia, and thrown into jail, whence he
was subsequently released, after much trouble, by a writ of habeas corpus.
A report of these transactions was made to the Government by the United
States’ Agent, which, however, resulted only in calling forth language of ex-
ception against our chiefs; and the perpetrators of the murder are still tres-
passing, in open day, upon our rights and our territory, which has drank the
blood of an innocent victim to their outrages. During the past Summer, the
United States’ troops were ordered into the nation, as we believe, for the
purpose of redeeming the pledges of the Government for our protection ;
they removed the intruders, who had flocked in thousands to our gold mines,
and a few also along the frontier settlements; many, however, were not mo-
lested, and others returned in a short time after, placing at utter defiance the
authority vested in the United States' Agent, and heretofore exercised by his
predecessors. All the Cherokees who had been engaged at their gold mines
were removed with the intruders, and experienced much injury and incon-
venience, under an order from the Department of War, and during the stay
of the troops in the nation, were not permitted to re-engage at their mining
operations. The troops have been suddenly withdrawn, and our country
again left exposed to the ravages of intruders. An act has recently been
passed by the Legislature of the State of Georgia, authorizing the Governor
thereof to take possession of our gold mines, and appropriating twenty thou-
sand dollars for that purpose; and another providing for the survey of our
country into sections, and for the appointment of magistrates therein; against
which we would most solemnly protest, as a departure from the obligations
of good faith, and the desire to secure and promote the peace and friendship
so often repeated in our treaties. The language of the great and illustrious
Jefferson, through the Secretary of War, to our chiefs, recurs to our memory
with peculiar force: “The President listens willingly to your representations,
and requests you and your nation to be assured of the friendship of the Unit-
ed States, and that all our proceedings towards you shall be directed by justice
and a sacred regard to our treaties. You must be sensible that the white peo.

4.
ple are very numerous, and that we should therefore be desirous to buy your
land when you are willing to spare it; but we never wish to buy except when
you are perfectly willing to sell. The lands we have heretofore bought of
you have been marked off by a line, and all beyond that line we considerab.
solutely belonging to our red brethren. You shall now receive the map of
the last line, which has heretofore been promised to you, to stand in evidence
between your people and ours, and to show which lands belong to you and
which to us.” (See document before referred to.) We would most earnest-
ly pray that the kind assurances of the friendship of the United States, by
one whose examples are so worthy of imitation may never be passed over with
an unfeeling heart for the unfortunate Cherokees; and that all proceedings
towards them may be directed by justice and a sacred regard to treaties.
The Executive of the United States, during the past summer, issued an or.
der to the agent for our nation, changing the mode of paying the annuity, and
providing for its distribution amongst the individuals, averaging about forty-
two cents to each, contrary to the well known wishes of the Cherokees, and
their solemn protest against the measure, the stipulations of existing treaties,
and the uniform practice of the government, down to the payment of the last
annuity in 1830. It is a stipend due to the nation, and has ever been con-
trolled by its authority. The Cherokees have a Treasury into which it is
placed for the support of their Government—“a Government of regular law,”
modelled agreeably to and in pursuance of the kind and parental advice of
President Jefferson, contained in a written address to the Cherokees, 9th of
January, 1809—and other national objects, by which means all are enabled
to enjoy, in some degree, the benefits arising from its application; but of what
possible advantage will it be, if paid as contemplated, when hundreds will
have a hundred or more miles to travel, neglecting all other business, to ob-
tain the small sum of about forty-two cents But it cannot be : we protest
against any alteration, and humbly hope that you will direct the payment as
heretofore, and in conformity with the treaties under which the fund is stipu-
lated. We are aware that it has been asserted that the chiefs and others spe-
culate upon this fund ; but it is not so : even if it were, would it justify a de-
parture from the course which the pledges of the United States have bound
its officers to pursue The language of one so truly the friend of the weak
and the oppressed as the Chief Magistrate of the United States in 1808, is too
explicit to pass unnoticed on this occasion. To the Chiefs of the upper Che-
rokee towns he spoke as follows –“You complain that you do not receive
your just proportion of the annuities we pay your nation—that the chiefs of
the lower towns take for them more than their share. My children, this dis-
tribution is made by the authority of the Cherokee nation, and according to
their own rules, over which we have no control. We do our duty in deliver-
ing the annuities to the head men of the nation, and we pretend to no autho-
rity over them, to no right of directing how they are to be distributed.” [see
Address signed Th. Jefferson, to the upper Cherokees, dated 4th May, 1808.]
That the same mode may be still continued, is all we ask, and it is anxiously
desired by the whole nation. Since that year, there have been no complaints
on the subject; why then, at this late period, when civilization has taught
better the manner in which this small sum should be applied, is the change
in the mode of payment to be made -
During the last session of Congress, a bill was passed, whose object, as we
understood, was to enable the President of the United States to comply with
the compact of 1802, between the United States and the State of Georgia,
and afford means to the Indian tribes, whose great desires were represented,
by the advocates of its passage, to effect their removal west of the Mississippi.
It is not desirable for us to remonstrate, upon this occasion, but we hope that
the kind indulgence of your honorable bodies will be extended while we state
some of the many cases of affliction and oppression which have occurred since
the passage of the act. A ray of hope, in the midst of great apprehension,

5
seemed to shed its glimmering light on the minds of the Cherokees, to learn
from the speeches of the Georgia delegation, and others, in Congress, that
nothing should be practised on the Indians in the operation of the bill, or in
connexion with it, that benevolence and humanity could censure ; that nei-
ther force nor injustice was contemplated by the Government, or the authori-
ties of Georgia; and that they should be left to the exercise of their ºwn free
will. But experience has taught us to know that a powerful auxiliary has
been afforded to forward the views and the policy of that and other States,
and of the Executive of the United States, towards the unfortunate aborigines
of this continent. They have looked back upon the scenes and prospects of
other days, and the contrast with those of the present time, has caused much
sorrowful feeling, Georgia, in the recent measures put in force to compel
the Cherokees to listen and yield to the eloquence of the Secretary of War,
and Government's special Agent, has departed from the high and magnani.
mous pledges of kind dealing toward the Indians, on the floor of Congress, and
has frowned and threatened to prostrate their innocent determination to abide
on their ancestral territory; but without effect. She has sent armed guards
of fifties, thirties, and tens, in time of profound peace, underpretence of ex-
ecuting her laws, and when the occasion did not require a display of “the
pomp and circumstance of war.” Leaving the Indian children in desti-
tution, to mourn their hapless lot, she has led their fathers in captivity to a
distant land, to destroy their spirits by immuring them in the walls of her
prisons. In one case, a white man, who had a long while ago taken the pro-
tection of the nation, and married a Cherokee woman, and under the care of
the Cherokee nation, had acquired property and a large family, whose inter-
ests are identified with those of the Indians, having entered into a mercan-
tile partnership with two Cherokees, he soon fell out with them, and institu-
ted suits against them in the courts of the nation, which decided against him.
After this, he filed a bill in the Superior Court of Gwinnett County, in Geor-
gia, against the two Cherokees, and prayed a writ of ne exeat, before Augus-
tin S. Clayton, Judge of the Court, sitting in Chancery, who awarded the writ,
which was served upon one of them in the Cherokee nation, by a Deputy She-
riff of Georgia, and under a guard of three men he was carried about eighty
miles to the common jail of Gwinnett county, in the said State, where he was
kept in close confinement until the sitting of the court in September last,
when he was brought up for trial before his honor, A. s. Clayton, who issued
the writ, and was discharged, on the ground that the affidavit of the plaintiff
was not sufficient to have warranted the issuing of the writ. During the same
trip by. the Deputy Sheriff, he arrested an elderly Cherokee woman, a married
lady, with a large family, on a plea of debt, and carried her off captive from
her husband and children, fifteen miles on towards Georgia, when she fortu.
nately succeeded in obtaining her liberty by giving bail.
In another Case, in the name and authority of George R. Gilmer, Governor
of Georgia, a bill was filed in chancery, in the Superior Court of Hall county,
in July last, against certain sundry Cherokees, praying for an injunction to
stop them from digging and searching for gold within the limits º their own
nation ; and the bill being sworn to before the same A. S. Clayton, he award-
ed an injunction against the parties named in the bill as défendants, com.
manding them, forthwith, to desist from working on those mines, under the
penalty of 20,000 dollars, at a time and place where there were unmolested
several thousand intruders from Georgia and other states, engaged in rob-
bing the nation of gold, for which the owners were ordered not to work by
the said writ. Under the authority of this injunction, the sheriff of Hail
ºunty, with an armed force, invaded the nation, consisting of a Colonel, a
Captain, and thirty or forty militia of the state of Georgia, who arrested a
humber of Cherokees engaged in digging for gold, who were at first rescued
by the troops of the United States stationed near the place, and the sheriff
and his party themselves made prisoners, and conducted fifteen miles to the

6
military camp, when a council of examination was held, and the exhibition
of their respective authorities was made, which resulted in the release of the
sheriff and his party, and a written order by the commanding officer of the
Inited states' troops, directing the Cherokees to submit to the authority of
Georgia, and that no further protection could be extended to the cherokees
at the gold mines, as he could no longer interfere with the laws of Georgia,
but would afford aid in carrying them into execution, on the return of the
sheriff and his party, they passed by the Cherokees, who were still engaged
in digging for gold, and ordered them to desist, under the penalty of being
committed to jail, and proceeded to destroy their tools and machinery for
cleaning gold, and after committing some further aggression, they returned.
Shortly afterwards, the sheriff, with a guard of four men, and a process from
the State of Georgia, arrested three Cherokees for disobeying the injunction,
while peaceably engaged in their labors, and conducted them to Wadkins.
ville, a distance of seventy-five miles, before the same A. S. Clayton, who
then and there sentenced them to pay a fine of ninety-three dollars cost, and
stand committed to prison until paid, and also compelled them to give their
bond in the sum of one thousand dollars, for their personal appearance be-
fore his next court, to answer the charges of violating the writ of injunction
aforesaid. In custody they were retained five days, paid the cost, gave the
required bond, and did appear accordingly as bound by Judge Clayton, who
dismissed them on the ground that the Governor of Georgia could not be-
come a prosecutor in the case. For the unwarrantable outrage committed
on their liberty and persons, no apology was made, and the cost they had
paid was not refunded. -
During the past Summer, a Cherokee was arrested in the nation by an offi-
cer of the State of Georgia, on a charge for murder committed upon the
body of another Indian, in said nation, and carried to Hall county, and placed
in jail, to await his trial under the laws of that State. After some months
confinement, he was taken out, and tried by the aforesaid A. S. Clayton, and
sentenced by him to be executed on the 24th December last. An applica-
tion was made to the Chief Justice of the United States for a writ of error,
in order that the case might be brought before the Supreme Court of the
United States, to test the constitutionality of the proceedings, and was ob-
tained. The arbitrary manner in which the citation was treated by the Go-
vernor and Legislature, then in session, are known to you. . The resolutions
adopted on the occasion breathe a spirit towards our nation, of which we
will not permit ourselves to speak; suffice it to say, therefore, that the writ
of error has been disregarded, and the unfortunate man executed agreeably
to the sentence of the Judge.
one other case: A party of armed men, ten in number, from DeKalb
county, Georgia, committed numerous outrages, under the pretence of being
Georgia officers, as far as seventy-five miles within the nation. They arrest-
edia Cherokee without cause, and compelled him to pay a horse for his re-
lease. Under forged claims, they attempted to arrest another individual,
and, with him, his negroes, but failed : arrived at the residence of another,
in his absence, they were in the act of driving his cattle off, when they were
rescued by his neighbors, though they succeeded in committing sºme rob-
bery upon the house. At another place they forced from an Indian his horse,
without even a pretended claim, and cruelly abused the persons of twº aged
Cherokees, one a female, causing a flow of blood, because they did not
quietly suffer themselves to be robbed of their property. Two of their chil-
dren, who had felt it their duty to interfere for the protection of their aged
parents, from an insult and outrage so barbarous, were led captive into Geor-
gia, and compelled for their liberty to give their notes for one hundred dol-
jars, each, payable in ten days ' ' ' -
Many other cases of aggravating character. could be stated, did the nature
of a memorial allow, supported by unexceptionable evidence. To convince

7
the United States of our friendship and devotedness to treaty obligations,
we have endured much, though with bleeding hearts, but in peace. And we
hope enough has been done to convince even the most sceptic that a treaty
sºon reasonable terms” can never be obtained of our nation, and that it is time
to close this scene of operations, never contemplated by the compact between
the state of Georgia and the United States. How far we have contributed to
keep bright the chain of friendship which binds us to these United States, is
within the reach of your knowledge. It is ours to maintain it, until, perhaps,
the plaiative voice of an Indian from the south shall no more be heard within
your halls of legislation. Our nation and our people may cease to exist before
another revolving year re-assembles this august assembly of great men. We
implore that our people may not be denounced as savages, unfit for the “good
neighborhood” guarantied to them by treaty. We cannot better express the
rights of our nation than they are developed on the face of the document we
here with submit; and the desires of our nation, than to pray a faithful fulfil-
ment of the promises made by its illustrious author through his Secretary. Be-
tween the compulsive measures of Georgia and our destruction we ask the in-
terposition of your authority, and a remembrance of the bond of perpetual
peace pledged for our safety, the safety of the last fragments of once mighty
nations, that have gazed for a while upon your civilization and prosperity, but
which now totter on the brink of angry billows whose waves have covered in
oblivion other nations that were once happy, but are now no more
The schools where our children learn to read the word of God, the churches
where our people now sing to his praise, and where they are taught that “ of
one blood he created all the nations of the earth;” the fields they have
cleared, and the orchards they have planted; the houses they built, are all
dear to the Cherokees, and there they expect to live and to die, on the lands
inherited from their fathers, as the firm friends of all the people of these United
states.
R. TAYLOR,
JOHN RIDGE,
W. S. COODEY,
In behalf of the Cherokee Nation.
Washington City, 15th January, 1831.
To the beloved Chief of the Cherokee Nation, the LITTLE Turkey, on behalf of
the said nation, the Secretary of War of the United States sends greeting,
Fºrest and Bnothen : The deputation appointed by you to visit the seat
of Government have arrived, and been welcomed by your father, the Presi-
dent of the United States, with cordiality; they have spoken, and he has
heard all the representations that they were instructed by you, on behalf of
the Cherokee Nation, to make to him. In his name, I have answered them
in sincerity and truth and when they shall report to you what I have said,
I trust that you will feel all uneasiness removed from your minds, and that you
and your nation will experience that satisfaction which must result from acon.
viction of the certainty with which you may continue to rely on the protec-
tion and friendship of the United States.
These can never be forfeited but by the misconduct of the red people
themselves. Your father, the President, instructs me to assure you, in behalf
of your nation, that he will pay the most sacred regard to the existing trea-
ties between your nation and ours, and protect your whole territory against
all intrusions that may be attempted by white people; that all encouragement
shall be given to you in your just pursuits and laudable progress towards
comfort and happiness, by the introduction of useful arts: that all persons
who shall offend against our treaties, or against the laws made for your pro-

8
tection, shall be brought to justice, or, if this should be impracticable, that a
faithful remuneration shall be made to you; and that he will never abandon
his beloved Cherokees nor their children, so long as they shall actiustly and
peaceably towards the white people and their red brethren.
This is all that he requires from you in return for his friendship and pro-
tection: he trusts you will not force him to recede from these determinations
by an improper and unjust change of conduct, but that you will give him
abundant reason to increase, if possible, his desire to see you happy and con-
tented under the fostering care of the United States.
I send you by your beloved chief, the Glass, a chain; it is made of gold,
which will never rust; and I pray the Great spirit to assist usin keeping the
chain of our friendship, of which this golden chain is meant as an emblem,
bright for a long succession of ages.
H. DEARBORN, Secretary of War,
Wan Deraaººwº, 7th July, 1801.
Pºrº, Chero &ee wºe,
|º -
º-º-º-º:
ch - 2, tº
ſu-paº