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THE 
 CHEROKEE INDIANS 
 
 WITH SPECIAL REFERENCE TO THEIR 
 
 RELATIONS WITH THE UNITED 
 
 STi^TES GOVERNMENT 
 
 BY 
 
 THOMAS VALENTINE PARKER, Ph.D. 
 
 THE GRAFTON PRESS 
 
 PUBLISHERS NEW YORK 
 
Copyright, 1907, 
 By the GRAFTON PRESS 
 
FOREWORD 
 
 The object of this study is to exhibit the principles and 
 policies of the Federal Government in its treatment of 
 the Cherokee tribe of Indians. The Cherokees, known 
 as one of the " five civilized tribes," are probably the 
 most intelligent Indian nation and the one farthest ad- 
 vanced in civilization. For years the Cherokees have 
 been at least nominally Christians. For these reasons 
 the Government's treatment of them is peculiarly in- 
 structive as it is unobscured by many of the difficulties 
 which tend to befog the main issue. We have here a 
 tribe with a government similar to that of the United 
 States ; with its newspapers, with its schools, churches, 
 asylums ; with its leaders comparable in ability with 
 many of the leading men of the United States. Where 
 a tribe is grossly ignorant and degraded, it is very dif- 
 ficult to discover the Government's principles, or inter- 
 pret its policy in its dealings with them. If then we 
 would be enlightened in regard to the white man's 
 treatment of the red man we could scarcely find a more 
 illuminating illustration than the story of the Chero- 
 kees. 
 
 The United States has endeavored to do something 
 for the education and civilization of the Indian. This 
 should be taken into account in forming judgments 
 about the Government in its relations with the Indians. 
 But the purpose of this paper is to consider the political 
 
vi Foreword 
 
 aspect rather than the educational, and whatever atten- 
 tion has been given to the latter has been purely 
 incidental. 
 
 In his selection and presentation of facts, the author 
 has used his privilege of giving here a mere result, there 
 a detailed account, and whatever the errors of judg- 
 ment may have been, the controlling purpose has been 
 to elaborate where principles were involved, or where 
 such elaboration would seem to elucidate a general 
 principle. 
 
CONTENTS 
 
 CHAPTER I 
 
 PAGE 
 
 The American Indian — the Colonists and the Indian . . i 
 
 CHAPTER II 
 
 The Cherokees — Their origin — Their country — Their rela- 
 tions to Colonial Governments 5 
 
 CHAPTER III 
 
 Treaty of Hopewell — Treaty of Holston — Other early treat- 
 ies — Upper and Lower Cherokees — Project of removing 
 west — Agreement of Federal Government with Georgia — 
 Impatience of Georgia — Efforts of Federal Government 
 to remove Cherokees — Georgia legislation — Protests — 
 Appeals to the courts — Status of the Indians — The 
 Worcester case — The Supreme Court decision — Georgia's 
 defiance of the Supreme Court 8 
 
 CHAPTER IV 
 
 Jackson's dilemma — The decision — Treaty with Andrew Ross — 
 Treaty and Anti-Treaty parties — Negotiations with these 
 parties — The Ridge Treaty — Rejected at Red Clay — The 
 reconciliation of the two parties — A treaty concluded — 
 Consternation of the Ross party — The truth about the 
 treaty — The opposition of the Indians — Treaty ratified by 
 Senate — The provisions of the Treaty of New Echota — 
 Troops in Georgia — Commission appointed — Oppressions 
 of Georgia — The extent and value of Cherokee territory 
 — The mission of Ross west — Attitude of VanBuren 
 — The debate in Congress — Protests from the country — 
 Protests of Cherokees — The removal west 29 
 
viii Contents 
 
 CHAPTER V 
 
 PAOB 
 
 Parties among the Cherokees — Act of union — Claim of old 
 settlers — Murder of the Ridges and Boudinot — The coun- 
 cil in July — Federal interference — Accusations against 
 Ross — Poinsett orders a new constitution — Council in 1840 
 — Ross's version of the troubles — Attitude of Tyler 
 — Political violence — Board of inquiry — Polk's recom- 
 mendations — Meigs's house — Murders — Murder of Starrs 
 — Flight of Treaty party — More murders — Armed men 
 assemble on the mountain — They disperse — Conduct of 
 Arbuckle — Questions arising from Treaty of New 
 Echota — Civilization among the Cherokees .... 50 
 
 CHAPTER VI 
 
 A treaty and its alternative — Treaty of 1846 — Its provisions 
 — Peace restored — The charge for subsistence — Payments 
 of sums due the Indians — Conflict of jurisdiction . . 71 
 
 CHAPTER VII 
 
 Outbreak of Civil War — Alliance with Confederacy — Loyal 
 Cherokees — Their sufferings — Confederate treaty abro- 
 gated — Desertion of regiment to the Union — An estimate 
 of John Ross — Treaty of 1866 — Its provisions — The 
 Cherokee outlet — The Cherokee strip — Railroads in 
 Indian Territory — Dispute with Kansas cattlemen — The 
 Cherokee Tobacco case — ^Jurisdiction of Courts — Chero- 
 kee freedmen — North Carolina Cherokees — Settlement 
 of dispute with Old Settlers T9 
 
 CHAPTER VIII 
 
 Decided change of policy toward Indians — The Curtis Act 
 and other acts — Negotiations and Agreements with 
 Dawes Commission — The agreement of 1902 — Intruders 
 — The present and future of the Cherokees .... 99 
 
 CHPATER IX 
 Concluding remarks 108 
 
THE CHEROKEE INDIANS 
 
THE CHEROKEE INDIANS 
 
 CHAPTER I 
 
 THE AMERICAN INDIAN 
 
 THERE is fascination in a study of the American 
 Indian. Legend, romance and mystery cluster 
 about him. But there is more than this fascination 
 which, however interesting, is of no great value, for 
 when we consider the Indian in his relations with the 
 white man we have before us a subject of practical 
 importance. To-day especially is the history of the 
 relations between the red man and the Federal Gov- 
 ernment a matter worthy of serious study for its bear- 
 ing upon present problems. Wisely or unwisely, for 
 good or for ill, the United States Government has 
 entered into the closest relation with alien and, so 
 far as progress in civilization is concerned, inferior 
 peoples. Few can expect — even if they desire it — a 
 complete reversal of recent policies and an absolute 
 severing of the bonds binding us to these races. The 
 question, now, is not as to whether we shall undertake 
 these responsibilities, but as to how we shall conduct 
 ourselves in regard to them. It is not, " Shall we 
 act.? " That has been settled. But, " How shall we 
 act?" In view of this, how important become the 
 considerations as to our past treatment of the Indians, 
 the only alien people within our borders ! What has 
 been our spirit ? What our blunders ? Have there been 
 
2 The Cherokee Indians 
 
 crimes? Have we been kind, just, unselfish or have 
 we been harsh, arbitrary, selfish? Has there been such 
 a readiness to correct abuses, to reform methods, to 
 adjust difficulties, that now at the end of a century 
 and a quarter we are warranted in believing that there 
 has been real progress made, and that a spirit has been 
 engendered, whether by the encouragement of success 
 or the criticism of failure, that would forbid us in our 
 dealings with weaker peoples to seek the promotion 
 of our own interests first instead of the interests of 
 those dependent upon our magnanimity for advance- 
 ment ? 
 
 Generalizations are seldom safe. Men have endeav- 
 ored to characterize the Indian, and their character- 
 izations have differed widely. There is the Indian of 
 romance — half savage, but noble and admirable. 
 There is the Indian as seen by the pioneer who has 
 told us that the only good Indian is a dead Indian. 
 There is the Indian of the reservation — indolent and 
 dependent. The truth is that the American Indian 
 cannot be summed up in such a way. The red man 
 of 1500 is not the red man of 1900. And the reser- 
 vation Indian, for example, is different from the grad- 
 uate of the Carlisle School. The Indian whom the 
 early explorers found on the western continent had 
 the virtues and vices of a savage. He was curious and 
 often inclined toward friendship with the white men, 
 whom he held in awe. He combined the simplicity of 
 a child with the fury of a savage. He was often 
 swept by gusts of passion too terrible to be witnessed, 
 yet imperturbable beyond all other men under the 
 ordinary excitements and accidents of life; garrulous, 
 
The Cherokee Indians S 
 
 yet impenetrable; curious, yet himself reserved; su- 
 perior to death, but a coward in battle according to 
 the standards of civilized nations ; capable of magnan- 
 imous actions, but cunning, false and cruel. ^ But once 
 acquainted with the greed, falseness and vices of Eu- 
 ropeans, once having tasted the fire-water which 
 the whites readily gave or exchanged, a great portion 
 of the Indian peoples rapidly degenerated, losing their 
 savage virtues and combining the vices of civilized 
 man with the worst traits of the savage. But again, 
 the circumstances and environments of the different 
 tribes have been so varied that the statement just 
 made is not applicable to all. At present the Indians 
 may be divided into three classes: those who have 
 made such prosrress in civilization that they may 
 fairly be called " civilized " ; those, who, though in no 
 real sense civilized, have made sufficient progress in 
 civilization to indicate that with care and under the 
 proper conditions they are capable of considerable ad- 
 vancement ; and those who are demoralized and seem 
 to have little capability of improvement. 
 
 The sort of people that the early explorers and 
 settlers found inhabiting America has been described. 
 The attitude of the English colonists toward them 
 varied. In New England the Puritans were, on the 
 whole, just in their treatment of the Indians. At 
 the beginning of King Philip's War it could be truly 
 said that the colonists had not taken a foot of ground 
 without paying for it, except in the one case of the 
 Pequot War. Efforts had been put forth to convert 
 the Indians to Christianity and civilization. Of course 
 
 1 " The Indian Question," Walker, p. 15. 
 
4 The Cherokee Indians 
 
 in all communities there are individuals who are not 
 restrained by the sentiment of the community and will 
 commit deeds of fraud or violence. In Pennsylvania 
 exceptional conditions, and the kindness of Penn and 
 his fellow Quakers, secured the colony long immunity 
 from the horrors of savage warfare. Of the Virginia 
 colonists so good an account cannot be given. Ban- 
 croft says,^ " The rights of the Indian were little 
 respected nor did the English disdain to appropriate 
 by conquest the soil, the cabins and the granaries of 
 the Appomattocks." In all of the colonies, through 
 the acts of unauthorized Individuals and many inev- 
 itable misunderstandings arising from the difference 
 in race, causes for quarrels were frequent. As the 
 whites increased in number and the colonies sought to 
 enlarge their borders, the Indian question became more 
 complex and more difficult. So from decade to decade 
 the problem has changed so that to-day the Indian 
 question which we must consider and, at last are set- 
 tling. Is a totally different one from that which per- 
 plexed the colonists or the first generation after the 
 War of Independence. 
 
 2 " History of U, S.," vol. 1, p. 126. 
 
CHAPTER II 
 
 THE CHEROKEES AND THE COLONISTS 
 
 OF all the Indian tribes found in America in the 
 early days probably none surpassed the Cherokees 
 in intelligence or in prowess. They lived in the Ap- 
 palachian region of the sOuth, and the extent and value 
 of their country made them the envy of the white man, 
 while its beauty casts a spell of romance over their 
 whole history. 
 
 The word " Cherokee " means *^ upland fields " and 
 possibly refers to their country, which is thus described 
 by Bancroft : ^ " The mountaineers of aboriginal 
 America were the Cherokees who occupied the valley 
 of the Tennessee River as far west as the Muscle 
 Shoals and the highlands of Carolina, Georgia and 
 Alabama, the most picturesque and salubrious region 
 east of the Mississippi. Their homes are encircled 
 by blue hills rising be^^ond hills, of which the lofty 
 peaks would kindle with the early light and the over- 
 shadowing night envelop the valleys like a mass of 
 clouds. There the rocky cliffs rising in naked gran- 
 deur defy the lightning and mock the loudest peals 
 of the thunderstorm; there the gentle slopes are cov- 
 ered with magnolias and flowering forest trees, deco- 
 rated with roving climbers, and ring with the perpetual 
 note of the whip-poor-will; there the wholesome water 
 1 Bancroft's History of U. S., vol. 2, p. 95. 
 
6 The Cherokee Indians 
 
 gushes profusely from the earth in transparent 
 springs; snow-white cascades glitter on the hillsides; 
 and the rivers, shallow, but pleasant to the eye, rush 
 through the narrow vales which the abundant straw- 
 berry crimsons and the coppices of rhododendron and 
 flaming azalea adorn. . . . The fertile soil teems with 
 luxuriant herbage on which the roebuck fattens ; the 
 vivifying breeze is laden with fragrance; and day- 
 break is ever welcomed by the shrill cries of the social 
 night-hawk and the liquid carols of the mocking- 
 bird." Such was the ancestral inheritance of the 
 Cherokee, and can we wonder that as in later years he 
 saw his beautiful land in its noonday glory or bathed 
 in the living fire of the sunset, he determined to resist 
 to his utmost the efforts of the white men to deprive 
 him of it.f* 
 
 Some students of ethnology have thought that the 
 Cherokees were descendants of the mound-builders. 
 Of course this is doubtful. Our knowledge of them 
 is confined to the historic period. But in the dawn 
 of American history we find them, for it is almost cer- 
 tain that the first contact of the Cherokees with the 
 white man took place when DeSoto and his fellow- 
 explorers traversed the American wilderness. 
 
 Tradition says that an exploring party from the 
 Virginia Colony, in the course of their journey, met 
 the Cherokees and that this was tlie first meeting be- 
 tween the Cherokees and the English colonists. How- 
 ever that may be, treaty relations began in 1721 
 when Governor Nicholson of South Carolina, prompted 
 by jealousy of French encroachments, entered into an 
 agreement with the Cherokees. This agreement de- 
 
The Cherokee Indians 7 
 
 fined the boundaries and undertook to begin some sys- 
 tematic superintendence of Indian affairs by the col- 
 onists. In 1730 North Carolina concluded a treaty 
 with the Cherokees in which the sovereignty of the 
 King of England was acknowledged and the Indians 
 agreed to trade only with the English. There was 
 a treaty and purchase negotiated by South Carolina 
 in 1755 ; a treaty of alliance with North Carolina 
 followed one year later. A subsequent alliance with 
 the French brought defeat at the hands of the English 
 and a consequent treaty of peace in 1760 followed by 
 a more decisive one the next year. The Indians were 
 not principally to blame for the hostilities of this 
 period, as they were treacherously dealt with by Gov- 
 ernor Lyttleton. In 1768 there was another purchase- 
 treaty with South Carolina. In 1770 there was a 
 treaty with South Carolina settling the boundary; in 
 1772 there was a treaty of purchase with Virginia, and 
 in 1773 a similar one was concluded with a British of- 
 ficial. In 1777, after hostilities, a treaty of purchase 
 was concluded with South Carolina. Some time after 
 this Cherokee territory was practically confiscated by 
 North Carolina. In 1783 the dispute in regard to 
 this was adjusted by a treaty which was, however, 
 so favorable to the whites that the Indians were far 
 from satisfied. 
 
 Thus may be summarized the relations of the various 
 Colonial Governments with the Cherokee Indians, and 
 we are brought down to the War of Independence and 
 the formation of the Federal Government. 
 
CHAPTER III 
 
 THE CONFLICT WITH A STATE 
 
 IN the War of Independence the Cherokees were 
 allied with the British. Peace was not concluded 
 between the tribes and the United States Government 
 until 1785, when the Treaty of Hopewell ^ ended the 
 war. Prisoners were exchanged, peace and friendship 
 were pledged. Article nine of the treaty allowed Con- 
 gress to pass laws regulating trade with them and to 
 manage all their affairs for the protection and comfort 
 of the Indians. They were to be allowed to send a dep- 
 uty to Congress. No whites were to be permitted 
 to settle on their lands. But peace was not really se- 
 cured by the Treaty of Hopewell. There was mutual 
 dissatisfaction with its provisions, and Georgia and 
 North Carolina had protested it. The whites objected 
 because they thought the Cherokees had been allowed 
 too much territory, and the Indians protested because 
 of the encroachments of the whites. In September, 
 1788, Congress issued a proclamation forbidding un- 
 warranted intrusion upon the Indians' territory, but 
 scant respect was paid to it by the offenders whose 
 actions called it forth. In 1789 Secretary of War 
 Knox characterized these encroachments as a " dis- 
 graceful violation " of the Treaty of Hopewell by 
 the whites.^ Angered by the failure of the whites 
 
 1 Cong. Doc. 531, No. 28, p. 147; U. S. Stat, at Large, vol. 7, 
 p. 18. 
 
 2 Amer. State Papers, Indian Affairs, vol. 1, p. 53. 
 
The Cherokee Indians 9 
 
 as Individuals to respect Cherokee rights, and by the 
 failure of the Government to protect them in their 
 rights, the Indians kept the neighboring settlements 
 in a state of uncertainty and terror by sudden, hostile 
 incursions. In 1791 a second attempt was made to 
 secure a permanent peace and the result was the 
 Treaty of Holston.^ Between the signing of this 
 treaty and that of Hopewell the Constitution had been 
 adopted. The treaty of Holston was in many re- 
 spects, however, similar to its predecessor — that of 
 Hopewell. It provided for an exchange of prisoners 
 and for permanent boundary lines. The United States 
 was to pay an annuity of $1000 for the extinguishing 
 of a claim to territory lying beyond a certain de- 
 scribed hne. In 1794 there was a treaty dealing with 
 the stealing of horses, but which also reaffirmed the 
 Treaty of Holston.* 
 
 All this time the greed of land was increasing and 
 the attempts to induce the Cherokees to part with 
 their lands became more insistent. A series of treaties 
 was concluded, all with the same end in view — the ac- 
 quiring of Indian lands. In 1797 the legislature of 
 Tennessee sent a remonstrance to Congress alleging 
 that the treaties of the United States with the Cher- 
 okees were subversive of State and individual vested 
 rights. Agitation followed and the result was that more 
 land was wrung from the reluctant Indians in a treaty 
 signed at Tellico in 1798.^. This treaty only brought 
 more trouble. Cumberland Mountain was to be the 
 determining point in running a part of the boundary 
 
 3 Con?. Doc. 531, No. 28, p. 148. 
 
 4 U. S. Stat, at Large, vol. 7, p. 39. 
 
 5 U. S. Stat, at Large, vol. 7, p. 62. 
 
10 The Cherokee Indians 
 
 according to the treaty of 1798. But the surveyors 
 mistook a mountain to the east for Cumberland Moun- 
 tain. The consequence was that about twenty-five 
 hundred acres were included in Indian territory which 
 did not belong there and on this land there was an 
 old settlement of white people, who suddenly found 
 themselves in the Indian country and proceeded at 
 once to make known their objections and their claims 
 to the authorities in Washington. However, the In- 
 dians refused to relinquish the land. Then, too, the 
 surveying to mark out boundaries that was required 
 by an early Cherokee treaty and a Creek treaty 
 of 1790 was not done until 1798.^ Prior to this a 
 Colonel Waiford and others settled upon a tract in 
 Georgia, not knowing that it was Cherokee country. 
 After the survey of 1798 they became aware of their 
 error; but there they were. And they had gone to 
 trouble and expense in making improvements. The In- 
 dians complained of their unlawful occupancy, and 
 the Government, though inclined to be lenient with 
 these people who had intruded unwittingly, was com- 
 pelled to give orders to evict them. The agents, how- 
 ever, interceded for them with the Indians and pleaded 
 that they might be allowed to remain until they had 
 harvested their crops. The Indians consented. Accord- 
 ing to the Cherokee story, which there seems no reason 
 to doubt, this delay brought another, and that another, 
 until finally the Indians, who in the first place had 
 been unwilling to part with their land, were harassed 
 into selling it.^ A treaty was agreed to in 1804. The 
 object of the Government in seeking the treaty was to 
 6 Cong. Doc. 114, No. 19, p. 19. 
 
The Cherokee Indians 11 
 
 obtain a cession of land in Tennessee, Georgia and Ken- 
 tucky; but in this they failed, as the Indians would 
 part only with WafFord's settlement, for which five 
 thousand dollars was to be paid down and an annuity 
 of one thousand dollars was to be given in addition.*^ 
 This treaty, which, like its predecessor, was signed at 
 Tellico, was mislaid and was not ratified by the Sen- 
 ate until 1824*, but the Government had possession of 
 Wafford's settlement during the twenty years.^ With 
 a desire to get what they had been unable to obtain 
 in 1804, the authorities at Washington again began 
 negotiations looking toward a treaty. The outcome 
 was a treaty on October 25, 1805, and two others on 
 October 27, 1805. All ceded land. The first gave a 
 considerable tract in Kentucky and Tennessee west of 
 Tennessee River and Cumberland Mountain.^ In it 
 there was a secret article concluded with Doublehead, 
 a chief, by which an attempt was made to bribe him 
 to use his influence for the furtherance of the efforts 
 of the white man for a cession. More land was ceded 
 in 1806 — a large section in Tennessee and Alabama ^^ 
 and in the same year there was another treaty granting 
 a small cession. In this treaty, too, there was a secret 
 article providing for the bribery of two chiefs with 
 money and rifles. ^^ Land was sold by the Cherokees 
 to South Carolina in 1816, and In the same year 
 
 7 U. S. Stat, at Large, vol. 7, p. 228. 
 
 8 Cong. Doc. 114, No. 19, p. 9. 
 
 » U. S. Stat, at Large, vol. 7, pp. 93 and 95. 
 
 10 U. S. Stat, at Large, vol, 7, p. 101. 
 
 11 The secret article in the treaty of 1805 was not submitted to 
 the Senate, but was recorded in the War Office at Washington. 
 The secret article in the Treaty of 1807 was sent to the Senate. 
 U. S. Stat, at Large, vol. 7, p. 103. 
 
1^ The Cherokee Indians 
 
 two treaties of the same date were concluded with 
 the United States, as usual ceding land. The story 
 of one of this set of treaties is the story of all. 
 Whether through ignorance, carelessness or greed, 
 there was constant intrusion on Indian land. The tide 
 of migration was coming from the north and east and 
 was sweeping toward the southwest. Hence the en- 
 deavor to procure treaties of settlement and cession. 
 
 As early as the time of the Treaty of Hopewell a 
 few Indians who were dissatisfied with the provisions 
 of that treaty, left the Cherokee country and went 
 west. But in 1803 President Jefferson suggested a 
 removal west on a large scale. 
 
 An appropriation bill to enable the President to en- 
 deavor to persuade eastern tribes to migrate was 
 passed by the Senate, but defeated in the House. The 
 discussion of this project was revived by the complaints 
 of a part of the Cherokees that the annuity was un- 
 fairly divided. There was, as a matter of fact, a 
 division of the nation into Upper and Lower Chero- 
 kees. The former had abandoned the hunt and were 
 engaging in the pursuits of civilized man, while the 
 Lower Cherokees still preferred their old life. These 
 latter complained because of a scarcity of game in 
 their country and were quite willing to undertake the 
 project of re-establishing themselves in the west. A 
 delegation from their number was sent out into the 
 Arkansas region, upon a tour of inspection, the Gov- 
 ernment at Washington bearing the expense of the 
 expedition. Their report, upon returning, was favor- 
 able to the scheme of removal. In 1817 General Jack- 
 son was sent to confer with the Cherokees in regard 
 
Tah Chee 
 
 His English name was " Dutch." His parents were among 
 the earliest emigrants to the West, going there about 1795. 
 Reproduced from a lithograph in colors published about 1840. 
 
The Cherokee Indians 13 
 
 to a plan by which the title to their land might be 
 extinguished. He failed completely in negotiating 
 such an arrangement, as did Governor McMinn, who 
 attempted it after Jackson's failure. So the Govern- 
 ment was forced to content itself with treating with 
 the Lower Cherokees, and on July 8, 1817, a treaty 
 was made with them,^^ by the terms of which they were 
 to exchange their lands in the east for lands west of 
 the Mississippi. By article eight, six hundred and forty 
 acres were granted to each head of an Indian fam- 
 ily who should choose to remain east of the Mississippi 
 on land ceded with a reversion in fee simple to his 
 children. And by the same article it was provided 
 further that such holders of land might become citi- 
 zens of the United States. This treaty excited bitter 
 opposition and protest in the nation at large. Tak- 
 ing the Cherokee nation as a whole, the great majority 
 were against it. In 1819 a definite settlement of the 
 question arising from the treaty of 1817 was attempted 
 and a treaty concluded. The treaty, February 27, 
 1819, said: "The greater part of the Cherokee 
 nation have expressed a desire to remain on this (east) 
 side of the Mississippi, and . . . being desirous . . . 
 that the treaty of 1817 be finally adjusted, have offered 
 to cede to the United States a tract of country." ^^ Ar- 
 ticle one read: "This treaty is a final adjustment of 
 that of 1817." Article five promised that intruders 
 and future intruders should be removed by the United 
 States. Land was ceded east in proportion to the 
 number of those who went to the Arkansas River — the 
 new Cherokee country in the west. President Adams 
 
 12 U. S. Stat, at Large, vol. T, p. 156. 
 
 13 Stat, at Large, vol. 7, p. 195. 
 
14j The Cherokee Indians 
 
 in the preliminary negotiations had urged that not 
 too much territory be retained, as the Indians would 
 in that case wish to sell at a later date and perhaps 
 the Washington Government would not be willing to 
 buy. Besides the larger cession, a piece of land 
 twelve miles square was sold to the Federal Govern- 
 ment to be disposed of, the income to be applied for 
 the benefit of the Indians as the President might 
 think proper. 
 
 If the Cherokees who went west, went expecting to 
 leave their troubles behind them and to find an Eden 
 beyond the Mississippi, they soon learned their error. 
 Whites intruded on their new territory as they had 
 intruded on the old, and complaint was made at Wash- 
 ington that the annuities were irregularly distributed, 
 and the promise of an outlet west, which had been 
 made, had not been fulfilled. Then, once more there were 
 grievances to be settled. Again negotiations were 
 opened with the Government, but before the latter 
 would consider the justice of their complaint it de- 
 manded that those Cherokees who had so recently left 
 their homes and native soil should again exchange 
 their lands for others farther west. Forced to accede 
 to this request or have their grievances uninvestigated, 
 they entered into a treaty by which they agreed to 
 move from Arkansas into Indian Territory. The 
 treaty — which procured the delegates who signed it 
 an unenviable reception when they returned to their 
 people — granted them a perpetual outlet west, and 
 fifty thousand dollars to reimburse them for the cost 
 of removal and also because of the lower valuation of 
 the new lands. Article eight made provision for such 
 
The Cherokee Indians 15 
 
 of the nation east as might wish to join their western 
 brethren in the future, and offered inducements to 
 Eastern Cherokees to go west.^* In 18S3 a treaty 
 that was really a supplement to this was concluded, 
 setthng the conflicting claims of the Cherokees and 
 Creeks. 
 
 A vivid understanding of the fortunes of the Cher- 
 okee nation thus far may be had by considering the 
 change which a century had produced in their ances- 
 tral possessions. In 1721, before the first treaty was 
 made with Governor Nicholson the Cherokee territory 
 comprised great sections in North Carolina, in Geor- 
 gia, in Tennessee, in Kentucky, and in South Car- 
 oHna, and smaller sections in Virginia, West Virginia 
 and Alabama. These sections were contiguous and to- 
 gether formed a country the extent, beauty and value 
 of which could scarcely be surpassed. At the begin- 
 ning of the Federal period the tribe had suffered the 
 loss of all their possessions in Virginia and West Vir- 
 ginia, almost all in Kentucky and South Carolina, 
 about half of their teritory in North Carolina, and small 
 sections in Georgia and Tennessee. Finally after the 
 conclusion of the Treaty of 1819, there was left to 
 the Cherokees of their original country a tract in the 
 northwest comer of Georgia about one hundred miles 
 square, or a little more than half the size of the orig- 
 inal tract in that State, a tract not half as large in 
 Alabama and smaller sections in Tennessee and North 
 Carolina. Slice by slice, according to the increasingly 
 voracious appetite of the whites, the land went until 
 the helpless Indian saw the mere remnant that has been 
 described. 
 
 14 Stat, at Large, vol. 7, p. 311. 
 
16 The Cherokee Indians 
 
 But was he to be allowed the remnant? Was he 
 to find, though with diminished territories, the freedom 
 from molestation which he desired? No; the end was 
 not yet. 
 
 In 1802 Georgia had ceded to the United States 
 the territory that now forms Alabama and Missis- 
 sippi — or more accurately the greater part of them — 
 and the Federal Government in turn paid Georgia one 
 million two hundred and fifty thousand dollars, assumed 
 the burden of what were known as the Yazoo claims, and 
 incurred the obligation to extinguish the Indian title 
 to land in Georgia as soon as it could be done 
 peaceably and on reasonable terms. ^^ After the treaty 
 of 1817, which left a large number of Indians in Geor- 
 gia, agitation in that State began and increased in 
 volume and determination. In view of the cession of 
 1802 Georgia looked with indignation at the Indians 
 within her borders and considered that the Central Gov- 
 ernment was not keeping faith. It was charged that 
 practically no attempt had been made by the Federal 
 Government to carry out the agreement. Certainly 
 the charge was not substantiated. The removal of 
 
 1817 which took a part of the nation west might have 
 been accomplished in a manner more satisfactory to 
 Georgia, but it must be remembered that every scheme 
 looking toward a surrender of their lands for lands 
 in the west was opposed by the Cherokee people. In 
 
 1818 an effort was put forth to gain a cession of all 
 Cherokee lands east, but in vain. The treaty of the 
 following year was undoubtedly the best that could 
 be obtained. In 1823 a commission appointed for the 
 purpose tried to induce the Cherokees to part with their 
 
 15 Amer. State Papers, vol. 16, p. 125. 
 
The Cherokee Indians 17 
 
 Georgia possessions,^^ but the Indians in reply recited 
 the hardships which had been endured by those who 
 had migrated, emphasized their own progress in civili- 
 zation, dwelt upon their love for the soil of their 
 fathers, and ended by saying decisively that they would 
 never cede one foot of land.^^ The commission was 
 persistent in its attempts to bring about a cession. 
 It was not only urgent, but threatening. In con- 
 trast was the courtesy of the Indians. To one of the 
 letters answer was given that " with deliberation, can- 
 dor and good nature they rejected the proposal to go 
 west."i8 
 
 Early in 1824 the Governor of Georgia wrote to 
 the Secretary of War pressing Georgia's claims upon 
 his attention, and about the same time the Georgia 
 delegation in Congress brought the matter before their 
 colleagues. One of the consequences was a protest 
 from the Cherokees. It read in part : " With un- 
 feigned regret and pain we discover sentiments ex- 
 pressed by the Governor of Georgia. We cannot but 
 view the design as an attempt bordering on a hos- 
 tile disposition toward the Cherokee nation to wrest 
 from them by arbitrary means their just rights and 
 liberties, the security of which is solemnly guaranteed 
 them by these United States." They said there was 
 not a spot west of the Mississippi outside of the States 
 and Territories and within the limits of the United 
 States that they would ever consent to inhabit. There 
 was nothing to do in the west except hunt and fight 
 other Indians and they had given up the chase and 
 
 16 Amer. State Papers, Indian Affairs, vol. 1, p. 467. 
 
 17 Amer. State Papers, Indian Affairs, vol. 1, p. 469. 
 
 18 Amer. State Papers, Indian Affairs, vol. 1, p. 487. 
 
18 The Cherokee Indians 
 
 had turned to the pursuits of civilized man. The pro- 
 test concluded with an appeal to the magnanimity of 
 the American Congress for justice. ^^ 
 
 President Adams's attitude was shown in a communi- 
 cation to Congress in which he said he would like to 
 please Georgia, but negotiations with the Indians were 
 hopeless and he would not use force. But Georgia per- 
 sisted and became pugnacious. On December 19, 
 1827, the Senate of that State adopted resolutions 
 which were forwarded to Congress and which argued 
 that the Indians in no proper sense had title to the 
 land. They were occupants and must be evicted by 
 force or peaceably. If the former way were adopted 
 there would be no need of any pecuniary stipulation; 
 if the latter, a pecuniary stipulation should be paid, 
 not as a matter of right, but for reasons of policy and 
 humanity. If the United States did not rid Georgia 
 of the Indians, the State claimed full liberty to resort 
 to force, if necessary.^^ There was also a protest — as 
 there was, too, in a letter written by Governor Forsyth 
 of Georgia to President Adams (January 26, 1828) — 
 against a constitution which the Cherokees had 
 adopted. 
 
 In May, 1828, there was an appropriation made by 
 Congress for the execution of the agreement with 
 Georgia. This appropriation stimulated the Govern- 
 ment to new energy of effort. Orders were given to 
 Colonel Montgomery, an Indian agent, to provide 
 transportation for such Cherokees as would go west. 
 Rifles and blankets were provided for those that would 
 go. A Captain Rogers was sent to work among the 
 
 19 Cong. Doc. 102, No. 133. 
 
 20 Cong. Doc. 165, No. 80. 
 
The Cherokee Indians 19 
 
 people privately to induce them to go. The Georgia 
 resolutions advocating the use of force, if necessary, 
 were to be exhibited to the Indians — not as a threat, 
 but to urge them to emigrate! Then Colonel Mont- 
 gomery was ordered to leave his office in charge of a 
 sub-agent and go among the Indians personally, per- 
 suading them to enroll as emigrants. Colonel Montgom- 
 ery reported great and bitter opposition among the 
 Cherokees both toward the agents and the Indians who 
 were enrolling.^ ^ At this stage Georgia began to take 
 matters into her own hands and passed a series of laws 
 directed against the Indians. One annexed Cherokee 
 territory within Georgia to the State, and declared that 
 all laws and usages made and enforced there by the 
 Indians should be null and void after June 1, 1830. 
 Another said that " no Indian or descendant of an In- 
 dian should be a competent witness or party to a suit 
 to which a white man was a party." This brought vig- 
 orous protests from the Cherokee country. One signed 
 by John Ross and others, February, 1829, contrasted 
 those laws with Georgia's profession of belief in liberty 
 and the rights of man ; recalled the guarantees of the 
 United States to the Cherokee nation ; pleaded that the 
 Cherokees were an innocent party not responsible for 
 the agreement with Georgia, but made to suffer be- 
 cause of it ; protested that the happiness to be gained 
 by removal west was purely visionary ; and pointed to 
 the advancement of the people due largely to their 
 proximity to civilization and civilizing influences. ^^ 
 Another memorial was sent to Congress the same year, 
 signed by three thousand and eighty-five Cherokees. 
 
 21 Cong. Doc. 186, No. 95. 
 
 22 Cong. Doc. 187, No. 145. 
 
20 The Cherokee Indians 
 
 The Cherokees did not see when they surrendered their 
 rights, which were acknowledged by Great Britain, 
 whose allies they had been. They had been treated as 
 independent in the Revolution, having continued the 
 war until 1785. And if they were subjects and not 
 a nation, why did Washington make a treaty with 
 them.? 23 
 
 There was reason enough for the alarm of the 
 Cherokees, for Georgia had only just begun her co- 
 ercive measures. A law was enacted by the Georgia 
 legislature which made null and void all contracts be- 
 tween whites and Cherokees, and prohibited suits based 
 on them. Another law prohibited the holding of a 
 council or legislative assembly. Violations of this law 
 were punishable by imprisonment in the penitentiary. 
 Still another law sold improvements of the Cherokees 
 who had gone west, to the whites. It was alleged that 
 the missionaries among the natives were being perse- 
 cuted.2* One was removed from office and a liquor 
 dealer was put in his place. The Cherokees com- 
 plained, too, that intruders with no pretext were boldly 
 trespassing on the rights of the Indians, violently 
 forcing natives from their houses and taking possession 
 of the property themselves. When the United States 
 troops removed some of the intruders who had gone 
 into the very heart of the country, an armed band, in 
 retaliation, murdered one Cherokee, wounded another 
 and had a third thrown into jail; he was released, 
 after a delay, upon a writ of habeas corpus. Tres- 
 passers removed by the troops returned with impunity. 
 In one of the many protests of the time ^^ Jefferson was 
 
 23 Cong. Doc. 201, No. 311. 24 Cong. Doc. 217, No. 45. 
 
 25 Cong. Doc. 208, No. 57. 
 
The Cherokee Indians 21 
 
 aptly quoted. He had said that the United States 
 would buy only when the Indians were willing to sell. 
 By act of the legislature Georgia seized the gold mines 
 of the Cherokees and prohibited the Indians from work- 
 ing the mines. A case was taken to court and a 
 Georgia court declared against the law, but the execu- 
 tive ignored the ruling of the court of his own State. 
 
 Meanwhile the country at large was being aroused 
 by the callousness of Georgia. Protests were sent to 
 Congress. One from citizens of Adams County, Penn- 
 sylvania, presented the Indians' side of the case so 
 well that it can well be quoted in part. It prayed 
 for the protection of the Indian from intruders 
 whether allowed by the State law or not. " We believe 
 that the Cherokee nation hold the absolute right to the 
 lands which they now possess by a title indefeasible 
 by the acts of this or any other nation without their 
 consent. . . . Their possessions are reduced to so nar- 
 row a compass as not in our opinion to justify further 
 unauthorized encroachments on the ground of national 
 necessity or policy. The Cherokees are an independent 
 nation and entitled to all rights of such except so ^ar 
 as. surrendered by treaty. In defiance of treaties 
 Georgia passed laws annihilating the national exist- 
 ence of the Cherokees. We view with alarm the scheme 
 to justify the abandonment of the Indians by doctrines 
 promulgated by high officers and embodied by the 
 President in his message that the act of Congress ^^ 
 (1802) passed in pursuance of prior treaties is un- 
 constitutional and not obligatory on Georgia and the 
 Federal Government." A reference to prior acts of 
 Georgia, the protesters said, would show she could not 
 26 An Intercourse Act. 
 
22 The Cherokee Indians 
 
 sustain this position. The treaties of Hopewell and 
 Holston and the act of Congress referred to, all took 
 place before the adoption of the articles of agreement 
 and cession by the United States and the State of Geor- 
 gia by which Georgia ceded part of her territory to the 
 United States. In those articles Georgia explicitly 
 acknowledged the existence of the Indians as a nation 
 with whom the United States were to hold treaties and 
 extinguish the title to their territories as soon as the 
 same could be peaceably and reasonably done. By 
 such acknowledgment she certainly admitted the valid- 
 ity of former treaties and laws which guaranteed their 
 protection and distinct existence. The Treaty of 
 Hopewell was older than the Constitution itself; hence 
 the adoption of the Constitution which declares treaties 
 to be the supreme law of the land was a direct recog- 
 nition of the right to treat with Indians according 
 to the provisions of the compact.^"^ Another similar 
 petition from Freeport, Maine, brought forth a coun- 
 ter-protest from the same place alleging that the agi- 
 tation on behalf of the Indians was false philanthropy 
 and was for the purpose of making President Jack- 
 son unpopular.2^ The charge that protests were im- 
 pelled by political motives can hardly be sustained in 
 view of the closeness of some of the votes on the Cher- 
 okee question in Congress and in view of the wide- 
 spread character of the indignation against Georgia. 
 Georgia's defense was vigorous, if not virtuous. In 
 reply to an able and merciless flaying of Georgia in 
 the Senate by Mr. Frelinghuysen of New Jersey, Sen- 
 ator Forsyth championed her policy .^^ The land was 
 
 STCong. Doc. 906, No. 90. 28 Cong. Doc. 206, No. 89. 
 
 29 Debates in Congress, 1829-30, p. 325 et seq. 
 
The Cherokee Indians 23 
 
 Georgia's. The Indians were nothing more than oc- 
 cupants. The State was no more coercive toward the 
 red man than were other States ; she was no less moved 
 by humanitarian sentiment. Treaties were quoted to prop 
 up the argument. The Federal Government, he ar- 
 gued, had ceded certain rights over the Indians by 
 the cession of 1802 which said, "The United States 
 cede whatever claim, right or title they may have to 
 the jurisdiction or soil of any lands " in Georgia. 
 This argument proved too much, however, for the 
 rights of the United States were subject to other treaty 
 stipulations, which logically, according to Forsyth's 
 argument, were also assumed, and which included a 
 promise of the soil to the Indians as their perpetual 
 possession, and the right of self-government. There 
 was no doubt some truth in the assertion that some 
 other States had passed laws which on paper were not 
 unlike some of the acts of Georgia. But that ought 
 to have deceived nobody. The conditions in Georgia 
 were very different. There the Indians, having had taken 
 from them the power of governing themselves, received 
 no protection from Georgia. A white man could tres- 
 pass, steal and murder, but the Indians were disqualified 
 as witnesses by law. What and where was their redress ? 
 They sought it from Congress, but with little result. 
 On May S6, 1830, to a bill looking toward the removal 
 of the Indians from their lands, Mr. Frelinghuysen 
 offered an amendment guaranteeing protection to the 
 tribes until they should choose to remove. But it was 
 lost — seventeen to twenty-six. ^"^ There was still one 
 channel for possible justice open to the Cherokees — 
 the courts. And to them, ther turned their attention. 
 30 Debates in Congress, 18^-30, p. 456. 
 
24 The Cherokee Indians 
 
 In Congress and out of Congress there had been 
 a great deal of discussion concerning the status of 
 the Indians, and the most diverse views prevailed. In 
 fact, their position was an anomalous one, and the 
 methods of treating the natives which had been in 
 vogue could be made to support contradictory views. 
 The only explanation which is adequate seems to be 
 that there were two inconsistent views maintained to- 
 gether, however illogically, from the beginning. The 
 Indians were declared to have rights ; in some sense 
 to be owners of the soil ; to be nations with whom 
 treaties could be made. But sub-consciously there was 
 also the feeling that the Indians were not absolutely 
 sovereign ; that the European claims to the New World 
 were, in the last analysis, paramount. As years rolled 
 by this feeling became a definitely formulated claim. 
 Only by keeping this in mind can we understand the 
 history of the Indians in their relations to the white 
 man's government up to this point. In 1763 the King 
 of Ensfland issued a proclamation enunciating the 
 principle of Indian risrhts to the soil unless the ground 
 were purchased or ceded. But the same proclamation 
 regarded the Indians as having acknowledsred the do- 
 minion of Great Britain, and scave grants to the whites 
 and reservations to the Indians. Reference has al- 
 ready been made ^^ to the fact that many of the colonies 
 as a rule — and all of them at times — purchased erround 
 from the natives. The Fede^-al Government treated 
 with t^^ riiornVppq for Df^ace in 1^^^ — separatelv from 
 Great Britain, whose allies thev had been. Amons: the 
 provisions of the Treaty of Hopewell was one which 
 allowed the Cherokees to punish according to their own 
 31 See Chapter I. 
 
The Cherokee Indians 25 
 
 laws, a white intruder who remained unauthorized in 
 their country for six months. Surely that was a 
 strange proceeding with people who had absolutely no 
 rights ! The terminology of the Treaty of Holston was 
 such as to imply the recognition of the Indian right 
 of sovereignty: the making of a treaty. The land 
 was spoken of as owned by the Indians. Each party 
 seemed free to act. The Cherokees were spoken of as 
 " a nation." The United States solemnly guaranteed 
 to the Cherokee nation all their lands not hereby ceded 
 forever.^ ^ Subsequent treaties confirmed that of Hol- 
 ston. Jefferson had said that all beyond the boundary 
 line " we consider absolutely belonging to our red 
 brethren." In a letter to the Secretary of War (Jan- 
 uary 18, 1821), Jackson mentioned the absurdity of 
 an independent sovereign nation holding treaties with 
 people living within its borders, acknowledging its 
 sovereignty and laws, and who, although not citizens, 
 cannot be viewed as aliens, but as real subjects of the 
 United States. The Secretary of War, November 24, 
 1824, urged Congress by legislative enactment to de- 
 fine more clearly the relations in which we stood to 
 the Indians. Two theories existed: the first advocated 
 the primitive and imprescriptible rights of the In- 
 dians ; the second considered them mere tenants at will. 
 Both, he said, were extreme. He suggested that the 
 government take a paternal attitude.^^ In the Senate 
 Mr. Frelinghuysen applied to the relations with the 
 Indians the principle laid down by Vattel " one com- 
 munity may be bound to another by a very unequal 
 alliance and still be a sovereign state." He claimed 
 the Indians were dependent upon us for protection, 
 82 Art. 7. 33 Cong. Doc. 184, No. 2. 
 
26 The Cherokee Indians 
 
 but retained their sovereignty.^^ In 1827 the Cherokees 
 had adopted a constitution. The government thus in- 
 stituted had the three departments: executive, legis- 
 lative and judicial, and in general was modeled after 
 the American Government. This proceeding was one 
 to which Georgia took exception, and the President 
 had directed that the Cherokees be informed that it 
 could be regarded only as of a municipal nature.^ ^ But 
 something definite and authoritative was to be said 
 in regard to the relations of the Indians to the Fed- 
 eral Government. In their contest — if it can be called 
 such — with Georgia the Cherokees had brought suit 
 in the United States courts. The question raised in 
 the suit was not answered, but the opinion written by 
 Chief Justice Marshall was epoch-making. For it 
 spoke definitely and with authority, describing the 
 Cherokees as a " domestic dependent nation " and the 
 United States as guardian. The tribe could not main- 
 tain an action in the courts.^^ 
 
 The Cherokees during this period had other minor 
 causes of complaint against the Federal Government. 
 Georgia had made a claim to a certain portion of 
 Cherokee territory under a treaty with the Creeks 
 which, it was alleged, was rendered void by a subsequent 
 treaty with the same tribe in 1826. The President 
 declared a line of boundary which was neither the one 
 contended for by Georgia nor the one demanded by 
 the Indians. This line was determined, furthermore, 
 by the Treaty of 1817 that had been abrogated by that 
 of 1819, which declared itself to be a final adjustment 
 of the Treaty of 1817. The result was that the discon- 
 
 34 Debates in Cong., 1829-30, p. 309 et seq. 
 
 85 Cong. Doc. 173, No. 211. se 5 Peters, p. 1. 
 
The Cherokee Indians S7 
 
 lent of neither party was allayed. And the Government 
 showed a strange perversity in the manner of paying 
 the annuities. The annuity was about forty-two cents 
 per capita, and the Government, reversing its former 
 policy, insisted upon paying it to the people as indi- 
 viduals. This caused inconvenience and was objected 
 to by the people, who wished it paid to the authorities 
 of the Cherokee nation. Though the elections were 
 held under the auspices of United States agents and 
 the Cherokees voted almost unanimously for the pay- 
 ment of the annuities into the national treasury, the 
 Government was slow in being convinced as to the 
 wishes of the nation, and persisted for a long time in 
 disregarding the expressed desire of the Cherokees. 
 
 The set-back resulting from Chief Justice Mar- 
 shall's decision in " The Cherokees vs. Georgia " that 
 the Cherokee nation could not bring a case to court 
 was only temporary. Other attempts were made to 
 get the Georgia legislation before the courts. A 
 Cherokee murdered another Cherokee, was arrested by 
 Georgia officials, tried in the courts of the State and 
 convicted. Thereupon application was made to a Fed- 
 eral court for a writ of error which was duly granted. 
 But Georgia, ignoring the writ of error, executed the 
 man according to the sentence that had been pro- 
 nounced upon him. But this was not all. One of the 
 acts passed by the legislature of Georgia sought to 
 compel all white people residing in Cherokee country 
 to take an oath of allegiance to the State. A mis- 
 sionary named Worcester was indicted for residing 
 there without a permit and without having taken the 
 oath of allegience to the State. Worcester claimed to 
 
28 The Cherokee Indians 
 
 be a citizen of the State of Vermont, and appealed to 
 the United States courts. The Supreme Court in its 
 decision declared unconstitutional those laws by which 
 Georgia had extended her jurisdiction over Indian ter- 
 ritory, and declared the law under which Worcester 
 had been indicted null and void. This case, " Wor- 
 cester vs. Georgia " ^^ ranks in importance with the 
 famous Cherokee case which has been discussed. At 
 length there seemed a prospect of the Cherokees' ob- 
 taining justice. The President was inflexible in his 
 opposition to them; in Congress party lines were being 
 drawn in regard to the subject; but the courts had 
 spoken and the decision was a victory for the Indians' 
 contention, and, it must be added, for justice. 
 
 37 6 Peters, p. 515. 
 
CHAPTER IV 
 
 THE TREATY OF NEW ECHOTA 
 
 JAGKSON was in a dilemma. The Supreme Court 
 had pronounced its verdict, but Georgia was pre- 
 pared to fight rather than submit. What would the 
 President do? He was not long in coming to a decision. 
 He refused to enforce the decision of the Supreme 
 Court! The reiterated promise common to the treaties, 
 from Hopewell down, admitting the Cherokees' right 
 to their land, and guaranteeing them protection in the 
 enjoyment of that right; the assurances of Washing- 
 ton and Jefferson; the specific provisions of the indi- 
 vidual treaties — all these were not worth the paper 
 they had been written on. Sentiments for fair dealing ; 
 the services of the Cherokees to the Government in the 
 war with the Creeks ; their aid in the War of 1812 — 
 they had fought under Jackson himself — these were 
 to have no weight. The Cherokees were to be left to 
 the impartiality of Georgia laws, the moderation of 
 Georgia executives and the mercies of the Georgia 
 rabble 1 It was optional with Georgia whether she 
 should or should not obey the decrees of the Federal 
 courts ; she could defy the Federal Government at her 
 pleasure.^ The executive who was ready to put down 
 
 1 The fact is that in defiance of the Supreme Court "Worcester 
 was sent to prison, where he remained until it became evident 
 that the Indian question would be settled in a manner satisfac- 
 tory to Georgia, when he was pardoned by the Governor. 
 
30 The Ch'irokee Indians 
 
 with force the assertion of State sovereignty in South 
 Carolina was willing to acquiesce in the assertion of 
 it in Georgia. Nor was it that Jackson felt himself 
 powerless. The truth is that all his correspondence, 
 conversation and actions indicated that he substantially 
 agreed with Georgia.^ 
 
 Having taken the position that the Cherokees would 
 not be aided by the Federal Government in maintain- 
 ing their rights, President Jackson sought escape from 
 his anomalous situation by bending every energy 
 toward obtaining a treaty of removal. The Cherokees, 
 as a whole, however, demanded protection as a condi- 
 tion precedent to negotiations for a treaty. The push- 
 ing of Georgia and the pulling of the Federal Gov- 
 ernment at length elicited two propositions from the 
 Indians. If they would cede part of their territory to 
 the United States for Georgia would the Government 
 then protect them in the rest? Secretary of War Cass 
 replied that it was beyond the power of the President 
 to control their treatment by a State. Two weeks 
 later (March 28, 1834) came the second proposition. 
 If they ceded a part of their territory would they be 
 protected in the rest for a definite period, the Chero- 
 kees ultimately to become American citizens.? Cass 
 replied that they must go west.^ 
 
 2 It has been alleged and has been claimed to be susceptible 
 of proof that President Jackson advised oflBcials of Georgia to 
 pursue the policy they did. See letter of P. M. Butler, March 4, 
 1842, to Indian Commissioner Crawford. G. N. Briggs, Congress- 
 man from Massachusetts, is authority for the statement that upon 
 hearing of the decision of the Supreme Court, Jackson said: 
 " John Marshall has made his decision, now let him enforce it." 
 — Greeley, " American Conflict," I, p. 106. 
 
 8 Cong. Doc. 268, No. 71. 
 
The Cherokee Indians 31 
 
 About this time Andrew Ross, a chief favorable to 
 removal, offered to take to Washington a few like- 
 minded chiefs with whom a treaty might be made. The 
 President accepted the offer with alacrity. The pro- 
 ceeding brought out a protest from the anti-treaty 
 Indians, who affirmed that the committee with whom 
 the Government was negotiating were self-appointed 
 and unauthorized by the Cherokee nation. The com- 
 mittee told Secretary Cass that the protest was signed 
 by women, children, whites and Arkansas Cherokees ; 
 whereupon accepting this sheer assertion by the oppo- 
 site party at its face value, Cass wrote to John Ross, 
 Principal Chief of the Cherokees, saying that the peti- 
 tion was unworthy of consideration. The announce- 
 ment that a treaty had been concluded with Andrew 
 Ross and others brought a mighty protest from the 
 Cherokee people. But the Senate did not ratify the 
 treaty and the problem was no different except that 
 the situation was more acute. In the correspondence 
 of this time between John Ross and Cass the latter 
 invariably evaded the issue raised by Ross and in an- 
 swer to all arguments merely reiterated the necessity 
 of going west. 
 
 Driven to the last ditch, there arose a feeling among 
 some of the Indians who had before been opposed to re- 
 moval that it would be best to capitulate, making the 
 best terms possible. These Indians were known as the 
 Treaty Party and at the head of them was John 
 Ridge. Between this party and the Anti-treaty party 
 led by John Ross, Principal Chief, there was the bit- 
 terest feeling. By the spring of 1834 even the Ross 
 party was obliged to abandon its extreme position, for 
 
32 The Cherokee Indians 
 
 white men had seized Indian property, together with 
 the improvements thereon, and naturally the new pos- 
 sessors would so change the property to suit their 
 purposes that the improvements wrought by Indians 
 would be indistinguishable from those made by whites. 
 In the resulting confusion there was danger that 
 the real owners would lose all. To guard against 
 this a commission was appointed by the Cherokees to 
 register the improvements made by Indians. This was 
 regarded as the first step looking toward a treaty. 
 The arrest by the Georgia guard of two of the com- 
 missioners indicated the plan of the State to interfere 
 with their work, and made a treaty more unavoidable 
 than ever.^ 
 
 In November, 1834, a memorial was sent to Con- 
 gress from certain Cherokees who were desirous of 
 going west. They would not go west, they said, if they 
 could be secured in their eastern possessions, but under 
 existing circumstances they were ready to move, but 
 prayed for more liberal terms than had been sug- 
 gested.^ In the following winter John Ridge was in 
 Washington, as was John Ross. The latter, being anx- 
 ious to secure the very best possible terms for his 
 people, was unwilling to consider the various proposi- 
 tions that emanated from the office of the War De- 
 partment; and the Executive, on the other hand, con- 
 sidered Ross's demands unreasonable. Ridge, being a 
 treaty man and jealous of Ross, was quite ready to 
 negotiate a treaty on terms which the Government was 
 willing to grant. Hence negotiations were entered 
 into with him. This impelled Ross to oiffer to sell the 
 
 4 Cong. Doc. 292, No.' 286, p. 7. 
 
 5 Cong. Doc. 273, No. 91. 
 
The Cherokee Indians 33 
 
 Cherokee country for twenty million dollars. The sum 
 was regarded as exorbitant. Ross finally offered to 
 allow the Senate to decide the sum tentatively, the mat- 
 ter ultimately to be submitted to the Cherokee nation. 
 A treaty, however, was concluded with Ridge, and not 
 with Ross. It was to be voted upon by the people 
 at the council which was to meet in Red Clay in Oc- 
 tober, 1835. Just prior to the assembling of the 
 council the Treaty and Anti-treaty parties made up 
 their differences and a compromise was effected between 
 them. When this general council of the Cherokee 
 nation met it not only rejected the treaty which had 
 been concluded with Ridge, but passed a resolution 
 declining to treat on the basis of five million dollars, 
 which was the amount determined upon by the Sen- 
 ate as a fair price for the Indian lands. In accordance 
 with the reconciliation which had taken place between 
 the two factions a committee of twenty was appointed, 
 headed b}^ John Ross, but having also members of the 
 other party (and among them John Ridge), with power 
 to enter into a treaty with the United States.^ Upon 
 consulting Mr. Schermerhorn, the Federal commis- 
 sioner, the committee learned that he had no authority 
 to enter into a treaty with them upon any basis other 
 than the one rejected at Red Clay. Thereupon acting 
 upon instructions it was decided that it would be 
 necessary to go to Washington. Ridge and his lieu- 
 tenant, Boudinot, who was also on the committee 
 of twenty, agreed to this decision.*^ John Ross was at 
 this time suddenly arrested and thrown into jail. No 
 charge was made against him, but his papers were 
 
 6 Cong. Doc. 292, No. 286. 
 
 7 Cong. Doc. 292, No. 286, p. 10. 
 
34 The Cherokee Indians 
 
 seized. In a few days he was released, but without 
 apology or explanation.^ 
 
 Arrived in Washington the harmony so recently 
 established was short-lived. Ridge, animated by a feel- 
 ing of jealousy of Ross, returned to his former oppo- 
 sition. The Secretary of War made it plain to the 
 delegation that the President was firm upon three 
 points: (1) no more than five million dollars should 
 be paid to the Cherokees; (2) there should be no 
 reservation to individuals ; (3) the money paid to the 
 Indians must be paid to the individuals of the tribe 
 and not to the nation.^ In the Indian country Scher- 
 merhom was not relaxing his efforts to bring about 
 the desired result. At Red Clay Council he had 
 posted notices calling for another council to meet at 
 New Echota, Georgia, in December, and he made use 
 of the interim in endeavoring to induce the recalcitrant 
 natives to attend. Upon the arrival at New Echota 
 of such of the Cherokees as could be persuaded to 
 appear, Schermerhom explained the necessity of a 
 treaty, expatiated upon its advantages, and requested 
 the appointment of a committee to confer with him in 
 regard to one. A committee was appointed; a con- 
 ference held and a treaty agreed upon. Then the 
 committee reported to the council, which authorized 
 them to conclude the treaty on behalf of the Indians. 
 Immediately the exultant Schermerhom wrote to Wash- 
 ington that he had the honor to report that a treaty 
 had been concluded.^'' It was this news, reaching John 
 Ross in the midst of his unceasing efforts to force the 
 Government to treat upon terms more acceptable to 
 
 8 Cong. Doc. 292, No. 286, p. 36. 
 
 9 Cong. Doc. 292, No. 286. lo Cong. Doc. 292, No. 286. 
 
The Cherokee Indians 35 
 
 the Cherokees, that brought consternation into the 
 camp of the delegation at the capital. But if there 
 was consternation there was also indignation. The 
 Ross delegation had been authorized to negotiate a 
 treaty, and while it was engaged in seeking a satis- 
 factory settlement, with no notice to it a treaty had 
 been signed by another committee. Soon the facts 
 came to light. A few Indians favorably disposed to 
 a treaty had responded to Schermerhorn's call for a 
 council and had met at New Echota. With them the 
 treaty had been concluded. The council itself was 
 not one regularly called by the authorities of the Cher- 
 okee nation, but by the United States commissioners. 
 The treaty was no treaty. The evidence is conclu- 
 sive. First there are the letters of Major Davis. 
 Major Davis was appointed by the President to go 
 into the Cherokee country and secure the consent of 
 the Indians to removal west. His work, his orders, 
 his appointment — held by the grace of the President — 
 would all naturally cause him to say or do nothing 
 which would be detrimental to the plans which the 
 Executive had determined upon. His work was car- 
 ried on without his incurring the hostility of the In- 
 dians, by whom he was given the name " Straight 
 Talk." But Major Davis, prompted by humanitarian 
 sentiments and a desire for fair play, upon his own 
 initiative wrote to Secretary Cass, informing him of 
 the facts connected with the making of the Treaty of 
 New Echota. The alleged treaty was made without 
 the vote pro or con of the great body of the nation. 
 He accused Schermerhorn of deception and said that 
 there were not five hundred present as Schermerhorn 
 
36 The Cherokee Indians 
 
 had claimed, and that even if there had been, five hun- 
 dred could not make a treaty for sixteen thousand. ^^ 
 Secondly there is the testimony of McCoy, who acted 
 as interpreter at New Echota and who certified that 
 the vote on the treaty consisted of seventy-nine yeas 
 and seven nays.^^ Thirdly, there is the indisputable 
 evidence of subsequent events in the Cherokee country. 
 When he learned of the proceedings at New Echota, 
 Ross did not remain idle. A general council was called 
 and convened in February, 1836. From that council 
 there went a protest against the treaty to Washington 
 signed by twelve thousand Cherokees.-^^ This was but 
 the first of a series of protests. The council held at 
 Red Clay, September, 1836, declared the treaty null 
 and void, sent a protest signed by two thousand and 
 eighty-five and appointed a delegation to go to Wash- 
 ington to make known in no uncertain tone the facts 
 of the case and the sentiments of the Indians. ^^ It 
 was one thing to appoint such a delegation, but quite 
 another for that delegation to obtain access to the 
 President. In October, 1836, acting Secretary of War 
 Harris said that no delegation of the Cherokees wish- 
 ing a new treaty to displace that of New Echota would 
 be received or recognized. So like the Emperor Henry 
 IV they could wait outside the barred door until the 
 Power within should relent. ^^ 
 
 The United States officials persisted in asserting 
 that the majority of the Cherokees were favorable to 
 
 11 Cong. Doc. 292, No. 286, p. 148 et seq. 
 
 12 Cong. Doc. 292, No. 286. (Appended Document No. 81). 
 
 13 Cong. Doc. 292, No. 286. 
 
 14 Cong. Doc. 325, No. 99, p. IT. 
 
 15 Cong. Doc. 315, No, 120, p. 186. 
 
The Cherokee Indians 87 
 
 the treaty and that all the trouble was because of the 
 efforts of John Ross to rouse them to violence. The 
 truth was Ross had written May 26, 1836, urging the 
 Cherokees to ignore the treaty but to remain still and 
 quiet.-^^ Upon the strength of rumors that an insur- 
 rection was brewing in the Cherokee country troops 
 had been sent there. General Wool, commanding in 
 that district, wrote to Harris saying that when he first 
 arrived he had been informed that most of the Chero- 
 kees were ready to submit to the treaty, but now he knew 
 that only a few were ready to do so and they were 
 whites or half-breeds.^^ And J. Mason, a United States 
 oflScial, wrote to the Secretary of War saying : " Ross 
 and his party are in fact the Cherokee nation,'* and 
 that officer said that Ross with all his power could not 
 change the course of the people if he would. Were 
 he to advise acceptance of the treaty he would forfeit 
 their — the people's — confidence and probably his life. 
 His influence, however, was for peace. -^^ 
 
 Quite different from the attitude of the Indians was 
 that of the Senate. Of that body it must be related 
 that meanwhile it had ratified the agreement of New 
 Echota. But let it also be recorded that there was 
 but one more vote than required for ratification.^^ Ac- 
 cordingly on May 23, 1836, the Treaty of New Echota 
 had been proclaimed. 
 
 It is well, right here, to take the opportunity of 
 learning the provisions of this treaty which had called 
 
 16 Cong. Doc. 315, No. 120, p. 680. 
 
 17 Cong. Doc. 315, No. 120, p. 647. 
 
 18 Cong. Doc. 315, No. 120, p. 985. 
 
 19 Letter of P. M. Butler to T. H. Crawford, Ind. Com., March 
 4, 1842, on file in Ind. Office. 
 
38 The Cherokee Indians 
 
 forth such urgent protests from the Indians, which was 
 beginning to agitate the country at large, and was 
 awakening one of the bitterest debates ever heard in 
 the halls of Congress. The first article ceded the Cher- 
 okee lands for five million dollars. By the terms of the 
 second the United States guaranteed the Cherokees a 
 perpetual outlet west, and the free use of the country 
 west of the seven million acres given by the Treaty of 
 May 6, 1828, and supplements, and by Treaty of Feb- 
 ruary 14, 1833. Other Indians, however, were to be 
 permitted to obtain salt from the salt plain. For five 
 hundred thousand dollars the United States was to 
 grant by patent in fee simple an additional tract be- 
 tween the west line of the State of Missouri and the 
 Osage country. By the terms of the fourth article the 
 United States agreed to extinguish the title to reserva- 
 tions within this country made to half-breeds in the 
 Osage Treaty of 1825. The fifth article said that the 
 land ceded to the Cherokees in the west " shall in no 
 future time, without their consent, be included within 
 the territorial limits or jurisdiction of any State or 
 Territory." The United States was to protect them in 
 the laws the Cherokees made, providing such laws were 
 not inconsistent with the United States Constitution. 
 The sixth article promised peace and friendship between 
 the United States and the Cherokees. The latter were 
 to be protected by the Federal Government from 
 domestic strife, foreign enemies and internecine war 
 between the several tribes. The Cherokees were not to 
 make war upon their neighbors and were to be pro- 
 tected against interruption and intrusion from citizens 
 of the United States. Article seven said that the Chero- 
 
The Cherokee Indians 39 
 
 kees should be entitled to a delegate in the House of 
 Representatives, whenever Congress should make pro- 
 vision for the same. By the terms of the eighth article 
 the United States was to remove the Indians west and 
 provide them with subsistence for a year. Article nine 
 said that they were to be paid for improvements made 
 by them in their eastern country. It was stipulated by 
 article ten that in addition to the annuities already re- 
 ceived by the nation, they should be given two hundred 
 thousand dollars, the interest of which was to be for the 
 benefit of the nation, provision being made for the 
 orphan fund and a permanent school fund. In article 
 twelve it was provided that those Indians who did not 
 migrate but desired to become citizens should receive 
 their proportion for claims and improvements. Such 
 Cherokees wishing to reside in Tennessee, Alabama, or 
 North Carolina should be entitled to pre-emption rights 
 to one hundred and sixty acres of land, or one quarter 
 section, at the minimum Congress price. Article thirteen 
 said that all who had rights to reservations should be 
 confirmed therein, and all who were forced by the State 
 to abandon reservations should have just claim against 
 the United States. Warriors who fought for the 
 United States were to be pensioned. ^^ The fifteenth 
 article said it is " understood that after deducting the 
 amount actually expended for improvements, ferries, 
 claims, spoliations, removals, subsistence, and debts and 
 claims upon the Cherokee nation, and for the additional 
 quantity of lands and goods for the poorer classes of 
 Cherokees, and the several funds to be invested for the 
 general national funds provided for in the several 
 articles of this treaty, the balance, whatever the same, 
 20 Article 14. 
 
40 The Cherokee Indians 
 
 shall be equally divided between all the people belonging 
 to the Cherokee nation east, and such Cherokees as have 
 removed west since 1833 who are entitled by the terms of 
 their enrollment and removal to the benefits resulting 
 from the final treaty between the United States and the 
 Cherokees east, they shall also be paid for their im- 
 provements . . ." By the sixteenth article it was 
 agreed that the Cherokees were to remove west within 
 two years. " Those dispossessed of improvements and 
 houses, for which no grant has actually issued pre- 
 vious to the enactment of the law of the State of 
 Georgia of December, 1835 . . . shall again be put 
 in possession and placed in the same situation and con- 
 dition in reference to the laws of the State of Georgia 
 as the Indians that have not been dispossessed, . . . 
 if not done . . ." the United States to pay the several 
 Cherokees for loss and damage sustained.^ ^ 
 
 This was the treaty in its salient features. There 
 was also a supplement adopted (December 29, 1835). 
 The supplement had three provisions: (1) All pre- 
 emption rights and reservations of articles twelve and 
 thirteen were to be null and void; (2) If the Senate did 
 not intend the five million dollars to include moving 
 expenses, It was to vote more; (3) six hundred thou- 
 sand dollars was to be given for this last purpose, and 
 to be in lieu of reservations and pre-emptions, and of 
 the sum of one hundred thousand dollars for spoliations 
 which had been provided for in article one. But this 
 article was to be referred to the Senate.^^ This was 
 the treaty forced upon an unwilling people. 
 
 It has already been stated that troops had been sent 
 
 21 Statutes at Large, vol. 7, p. 478. 
 
 22 Statutes at Large, vol. 7, p. 488. 
 
The Cherokee Indians 41 
 
 to the Cherokee country. It was indeed infested with 
 troops. The spirit of the Government is illustrated by 
 General Wool's terse communication to the Cherokees, 
 with whom he had two meetings shortly after his arrival 
 in their country. He found the people unfavorable to 
 the treaty, and, therefore, told them to choose peace 
 or war.^^ When a meeting of the chiefs broke up, no 
 decisive action having been taken. Wool overtook some 
 of the chiefs, held them prisoners over night, and re- 
 leased them only upon their promise that they would 
 obey the treaty and that the young men should bring 
 their arms to him.^^ To make matters worse, Georgia 
 troops had also been called out, and as if this did not 
 make the situation extreme and critical enough, the 
 Georgia guard were acting independently of the United 
 States and the Federal troops. They refused to take 
 orders from General Wool, and thus there was a con- 
 flict of authority. 
 
 On June 7, 1836, a commission had been appointed 
 by the United States to execute the treaty, and, amid 
 all the bitterness and strife in the Cherokee country, the 
 work of appraising went steadily on. Georgia, at the 
 same time, was carrying out her own laws and policies, 
 surveying and disposing by lotteries of the Indian 
 lands. At first the Indians were secured (theoretically) 
 in the lands touched by their improvements, and all 
 others were thrown open ; then they were limited to the 
 occupancy of the lots on which they actually resided 
 and their actual improvements adjoining. If there 
 was any disposition upon the part of the courts to ad- 
 minister justice, they were thwarted in their efforts by 
 
 23 Cong. Doc. 315, No. 120, p. 629. 
 
 24 Cong. Doc. 315, No. 120, p. 635. 
 
4^ The Cherokee Indians 
 
 the legislature, which took equity jurisdiction from 
 them in Cherokee cases. The actual effects produced 
 by the methods employed among the Indians may be 
 seen in the case of John Ross. While he was on a mis- 
 sion to Washington he was dispossessed. Upon his 
 return home he found a stranger in his house and his 
 wife and children driven away — where, he could only 
 guess. As he stood meditating upon this newest calam- 
 ity, recalling the happy days of the past, his vision 
 wandered over his own loved home, his no more, until 
 his eye rested upon a little mound of earth beneath 
 the spreading branches of a protecting tree. That lit- 
 tle mound marked the grave of his child. But away 
 from his home and possessions, breaking the tenderest 
 ties of association and sentiment, he must trudge, be- 
 cause, forsooth, the white man coveted his birthright.^ ^ 
 And what was the character of the lands which Geor- 
 gia was unceremoniously seizing, and for which the 
 United States was offering five million dollars bonus ? ^^ 
 The Cherokee territory within North Carolina, Tenne- 
 see, Alabama, and Georgia was estimated to contain 
 about ten million acres. Within the territory there 
 T^ere quarries of limestone and marble; mines of iron, 
 lead, silver and gold, and forests both large and valu- 
 able. Some lots of forty acres embracing gold mines 
 were sold for thirty thousand dollars. This was the 
 nature of the land which the Cherokees were forced to 
 sell at what was, even then, a paltry sum, considering 
 the extent and value of the territory. 
 
 25 Cong. Doc. Q92, No. 286, p. 10. 
 
 26 It will be noticed the five million was not free and clear, 
 but liable to certain charges. See Treaty of New Echota's pro- 
 
The Cherokee Indians 4S 
 
 In the midst of this narrative of injustice, hardship, 
 and persecution, it is refreshing to read of even a trivial 
 victory gained by the Cherokees, especially if it be won 
 not by sheer force, but by cleverness. It was the wish 
 of John Ross and the Cherokees that the aid of their 
 brethren who had already emigrated west should be en- 
 listed upon their side, and that the nation, east and 
 west, should present a united front of opposition to 
 the Treaty of New Echota. But it was the equally 
 strong determination of the authorities at Washington 
 to prevent the consummation of any such plan. There- 
 fore, strict orders were sent from Washington to Ar- 
 kansas that if John Ross appeared on the scene incit- 
 ing the Indians to opposition to the treaty he should be 
 arrested at once. Ross, however, went west and with 
 admirable shrewdness quietly stirred up the Indians 
 into a promise of opposition to the treaty, and of a 
 delegation which should go to Washington and protest 
 against it. The whole matter being settled to his satis- 
 factipn Ross departed. Then, of course, everything 
 came to light. The Government realized that it had 
 been outwitted, that Ross had accomplished his designs, 
 eluded its meshes and escaped, and its impotent rage 
 knew no bounds. ^^ 
 
 Upon the election of Van Buren to the presidency a 
 new attempt was made by the Cherokee delegation in 
 Washington to obtain a hearing. President Van Buren 
 did receive the delegation, and with marked kindness of 
 manner, but he nevertheless informed them that their 
 efforts were vain, for nothing could be done for them.^^ 
 Ross was seeking a compromise and had made a three- 
 
 2T Cong. Doc. 315, No. 120, p. 774. 
 28 Cong. Doc. 315, No. 120, p. 843. 
 
44 The Cherokee Indians 
 
 fold request: (1) that he be dealt with; (2) that there 
 be a full and impartial investigation to ascertain 
 whether or not the treaty had been really authorized 
 by the Cherokees ; (3) submission of the same to the 
 Cherokee nation. ^^ In reply Secretary of War Poin- 
 sett wrote, March 24, 1837, saying that the Treaty of 
 New Echota had been ratified according to constitu- 
 tional forms. The second and third requests of Ross 
 were impossible, but that " any measure suggested by 
 you will receive candid examination " if not inconsistent 
 with the treaty.^** Another proposition made by the 
 Cherokees, and rejected by the United States, was for 
 a cession of all lands in Georgia, except what should 
 be agreed upon as furnishing convenient and sufficient 
 connection with the residue of the territories.^^ Before 
 Van Buren had been in office very long, he became more 
 reluctant to hold intercourse with Ross. His course 
 brought more protests from the Cherokees. The Indi- 
 ans had also been holding councils and appointing or 
 reappointing delegations to go to Washington. 
 
 But it was by no means the Cherokees only who made 
 known the objections to the Treaty of New Echota. 
 As has already been indicated, there had been opposition 
 in Congress to the policy pursued by the Federal Gov- 
 ernment. In 1831 Henry Clay had said that in the 
 negotiations with Great Britain culminating in the 
 Treaty of Ghent, that power had desired information 
 concerning America's treatment of the Indians, and 
 therefore the principles of it had been explained. The 
 Indians had their own government, lived under their 
 
 29 Cong. Doc. 315, No. 120, p. 797, et seq, 
 
 30 Cong. Doc. 325, No. 99. 
 
 81 Cong. Doc. 325, No. 99, p. 40. 
 
The Cherokee Indians 45 
 
 own laws, exempt from the operations of the laws of 
 the United States, quietly . possessed their own lands 
 under no other limitations than that, when these were 
 sold, they must be sold to the United States. This ex- 
 planation was of the nature of an assurance to England 
 thai such a policy was to continue, and, hence, Clay re- 
 garded the treatment accorded the Cherokees as not 
 only inherently unjust, but also a moral violation of 
 the assurances given to the British Government.^^ But 
 after the conclusion of the Treaty of New Echota the 
 opposition in Congress to the Administration's Indian 
 policy developed greater intensity, until party lines 
 were drawn and the Whigs were prepared to appeal 
 to the country largely on that issue. The debates in 
 the Senate and House on the Cherokee question showed 
 a bitterness which was not surpassed even by the acri- 
 monious discussion upon slavery. Webster as well as 
 Clay championed the cause of the Indians, as did 
 Crockett of Tennessee, whose attitude is notable be- 
 cause he represented a district which bordered on the 
 Indian country, and his constituents were antagonistic 
 to the Cherokees. In spite of this, and at the risk of 
 losing popularity and committing political suicide, he 
 espoused the cause of the persecuted Indians. Wise, in 
 a sensational speech, compared John Ross with Geor- 
 gia's leading statesman, Forsyth, In Intellect and moral 
 honesty, not at all to the disparagement of the former. ^^ 
 So heated and personal did the debate become. 
 
 And the country at large was thoroughly aroused. 
 Protests from various sections were sent to Congress. 
 One of the last appeals sent by the Cherokees deserves 
 
 32 Cong. Doc. 315, No. 120, p. 678. 
 
 S3 Cong. Globe, 9d Sess., 25th Congress, Jan. 2, 1838. 
 
46 The Cherokee Indians 
 
 to be quoted in part. It was sent to Congress In Feb- 
 ruary, 1838. The immediate occasion of it was a com- 
 munication sent to the Cherokees by United States Com- 
 missioners Kennedy and Wilson, telHng them that the 
 treaty was to be enforced and that they were being mis- 
 led by John Ross and his friends.^* The protest said 
 that no crime was alleged for their persecution. The 
 Government had spoken of deluded, dangerous error; 
 " ' duped and deluded by those we have placed implicit 
 confidence in.' What the delusion.? Delusion to be 
 sensible of the wrongs we suffer.? Dangerous error to 
 believe that the great nation, whose representatives we 
 now approach, will never knowingly sanction a transac- 
 tion originated in treachery and to be executed only by 
 violence and oppression.? Is it a crime to confide in our 
 chiefs.? . . . And now, in the presence of your 
 august assemblies, and in the presence of the Supreme 
 Judge of the Universe, most solemnly and most humbly 
 do we ask: are we for these causes to be subjected to 
 the indescribable evils which are designed to be in- 
 flicted upon us .? Is our country to be made the scene of 
 the horror which your commissioners will not paint? 
 
 " For adhering to the principles on which your great 
 empire is founded, and which have advanced it to its 
 present elevation and glory, are we to be despoiled of 
 all we hold dear on earth.? Are we to be hunted through 
 the mountains like wild beasts, and our women, our 
 children, our aged, our sick to be dragged from their 
 homes like culprits, and to be packed on board of 
 loathsome boats for transportation to a sickly clime.? 
 
 " Already we are thronged with armed men ; forts, 
 camps, and military posts of every grade occupy our 
 34 Cong. Doc. 329, No. 316. 
 
The Cherokee Indians 47 
 
 whole country. With us it is a season of alarm and ap- 
 prehension. We acknowledge the power of the United 
 States. We acknowledge our own feebleness. Our 
 only fortress is the justice of our cause. Our only ap- 
 peal on earth is to your tribunal. To you, then, we 
 look. Before your honorable bodies, in view of the ap- 
 palling circumstances with which we are surrounded, 
 relying on the righteousness of our cause and the justice 
 and magnanimity of the tribunal to which we appeal, 
 we do solemnly and earnestly protest against that 
 spurious instrument (i. e., Treaty of New Echota). 
 
 " It is true we are a feeble people, and, as regards 
 physical power, we are in the hands of the United 
 States; but we have not forfeited our rights, and if 
 we fail to transmit to our sons the freedom we have 
 derived from our fathers, it must not be by an act of 
 suicide, it must not be with our own consent. 
 
 " With trembling solicitude and anxiety we most 
 humbly and respectfully ask, will you hear us? Will 
 you extend to us your powerful protection? Will you 
 shield us from the horrors of the threatened storm.'* 
 Will you sustain the hopes we have rested on the public 
 faith, the honor, the justice of your mighty empire? 
 We commit our cause to your favor and protection. 
 And your memorialists, as in duty bound, will ever 
 pray." The protest is signed by fifteen thousand six 
 hundred and sixty-five Cherokees.^^ 
 
 As the time for removal drew near, so vehement be- 
 came the protests, and to such a degree were the nation's 
 sympathies aroused and her indignation excited, that 
 the Administration began to feel that public sentiment 
 could not be trifled with. Early in May Van Buren 
 35 Cong. Doc. 329, No. 316. 
 
48 The Cherokee Indians 
 
 seemed willing to extend the time for removal two 
 years. ^^ News of this contemplated concession brought 
 a vigorous letter from Governor Gilmer of Georgia to 
 Poinsett, saying that if the President ordered that the 
 Indians be maintained where they were for two years 
 longer, a collision would take place between the Georgia 
 guards and the United States troops. ^^ This letter 
 elicited a hasty and frightened response from Poinsett, 
 who said that the President never had any intention of 
 maintaining the Cherokees in Georgia contrary to the 
 wishes of the authorities of the State. It would remove 
 them as speedily as possible. There was no reason for 
 a collision between Georgia's militia and the regular 
 troops.^^ 
 
 As has already been stated, for some time previous to 
 the adoption of the Treaty of New Echota, Cherokees 
 were being urged to go west. As many as would con- 
 sent were removed thither. Of these, up to the time of 
 the treaty, there were over two thousand.''^ After the 
 treaty had been adopted the pressure brought to bear 
 upon the Indians to induce them to remove was greatly 
 increased. As a result, two thousand emigrated between 
 the adoption of the treaty and January, 1838, leaving 
 about fourteen thousand in the East.*^ The time pre- 
 scribed for removal by the treaty was the spring of 
 1838. And promptly General Scott, who was then in 
 command of the troops, began the work of removing 
 the unwilling Indians. Much distress resulted from 
 the herding of the Indians in tents, separation of 
 families, sickness, and the many hardships and dangers 
 
 36 Cong. Doc. 330, No. 376. 37 Cong. Doc. 330, No. 421. 
 
 38 Cong. Doc. 330, No. 431. 39 Cong. Doc. 283, No. 403. 
 40 Cong. Doc. 325, No. 82, p. 1. 
 
The Cherokee Indians 49 
 
 inevitable in such an undertaking. So severe was the 
 suffering that General Scott, from motives of hu- 
 manity, decided to suspend further work of removal 
 until Autumn. In the interim a partial agreement was 
 arrived at by the Indians and the Administration. The 
 Indians were to be permitted to remove themselves 
 under the charge of a committee of their own appoint- 
 ing. This, it was hoped, wuuld mitigate some of the 
 trials of the difficult journey.*^ On August 1, the 
 Cherokees passed resolutions saying that submission to 
 the United States and the acceptance of money from 
 the Government were not to be construed as an ad- 
 mission of the validity of the Treaty of New Echota, nor 
 as a hind.'ance to the collection of an indemnity for 
 the seizure of their land. With the coming of fall, the 
 process of removal was continued, and on December 4, 
 1838, the last party of Cherokees left their pastern 
 rendezvous for the West, under John Ross, and the 
 removal was completed.*^ It took several months to 
 complete the removal; the distance was about seven 
 hundred miles, and about four thousand died on the way. 
 With the additional statement that many of the North 
 Carolina Indians most averse to migrating steadily re- 
 fused to be bought, cajoled, or driven into going West, 
 and when the crisis came, took refuge in the mountains 
 and there remained until the danger was past, this chap- 
 ter of oppressions, impotent protests, and enforced 
 wrongs may be brought to a close. 
 
 41 Cong. Doc. 369, No. 129, p. 35. 
 
 42 Cong. Doc. 348, No. 224. 
 
CHAPTER V 
 
 DOMESTIC STRIFE 
 
 r I iHE chapter of oppressions from without has its 
 ■^ sequel in a chapter of intestine strife. In the 
 Cherokee nation immediately subsequent to the great re- 
 moval, there were three parties. There was the Ross 
 party, headed by John Ross, which comprised about 
 two-thirds of the entire nation ; then there was the 
 Treaty party, consisting of those who had been favorable 
 to a treaty and had negotiated the treaty of New Echota. 
 Their numbers were inconsiderable, but they were hated 
 by the Ross party as the authors of all their misfor- 
 tunes. Finally there was the party of the Old Set- 
 tlers or Western Cherokees — those who had migrated 
 prior to the negotiation of the Treaty of New Echota. 
 These last saw with jealous eyes the settlement in their 
 country of a people who outnumbered them, kindred 
 though they were. The initial undertaking must nec- 
 essarily be to seek to reach an agreement that would 
 reunite the people actually as well as formally. A 
 council was held in June, 1839, but nothing was ac- 
 compHshed, as the chiefs of the Old Settlers desired the 
 newcomers to acknowledge the existing government 
 and to settle under it, for the time at least having no 
 share in it. Being in the majority, the Cherokees from 
 the East very naturally declined to accede to any such 
 arrangement. 
 
The Cherokee Indians 51 
 
 The Ross party took the lead in calHng another 
 council to meet in July of the same year. The council 
 was attended by the Ross people and some Old Settlers, 
 but many of the latter stood aloof, believing that the 
 object of Ross was not to bring about union, but to 
 ascertain the will of the majority and force that upon 
 the Western Cherokees. An act of union was passed on 
 July 12,^ by the council, but it was repudiated by the 
 chiefs of the Old Settlers. As a consequence, two rival 
 governments existed, each claiming to be the one lawful 
 government of the Cherokee nation. The Old Settlers 
 set up a claim not only to the government, but to the 
 sole ownership of the soil. They contended that the 
 treaties made with them, and the terms of the treaties, 
 were such as to sustain them in their claim. The 
 Treaty of 1819 considered the Western Cherokees as 
 entitled to one-third of the annuities. The Treaty of 
 1828 was made with the Western Cherokees. By it an 
 exchange of their lands for others more suitable was 
 effected, with the guarantee that they should be and 
 remain theirs forever — a home. In all future time they 
 should never be embarrassed by having extended around 
 them the lines, or having placed over them the jurisdic- 
 tion, of a Territory or State. Boundaries were de- 
 scribed and provisions made for such Eastern Cherokees 
 as might wish to join them. These things, it was urged, 
 were proof that the Western Cherokees had been recog- 
 nized as a nation separate from the Cherokees in the 
 East.^ The Western Cherokees illustrated their point 
 of view by remarking that a Frenchman might emigrate 
 
 1 Cong. Doc. 359, No. 347, p. 18. 
 
 2 Cong. Doc. 359, No. 347, pp. 55 and 56. 
 
52 The Cherokee Indians 
 
 to England, if he so desired, but could the whole French 
 nation decamp, go to England, and displace the British 
 Government by their own? Those of the delegation 
 from the West who had signed the Treaty of New 
 Echota had done so only by varying from their instruc- 
 tions, and, as a matter of fact, the Old Settlers had met 
 on the first of August, 1838 — prior to the emigration of 
 the Ross contingent — and had resolved that their sov- 
 ereignty was in full force and should remain so in per- 
 petuity.^ The Indian Department held a different view. 
 Their understanding was that the Western Cherokees 
 formed only contingently a separate community from 
 the Eastern Cherokees. The treaties made in 1817 
 and in 1819 were made with the whole tribe. The 
 Treaty of 1828, it was asserted, put an end to all pos- 
 sible controversy on the subject. The preamble recited 
 the desire of the Government to secure the Cherokee 
 Indians a permanent home — a home for those in the 
 West and for those desiring to join them by emigration. 
 Seven million acres w^ere appropriated for this per- 
 manent home — a territory preposterously large if in- 
 tended for the Western Cherokees only.* But the latter, 
 on the principles they enunciated, declared the act of 
 union nuU and void, and, in October, 1839, held a 
 council and elected chiefs. They proposed as a set- 
 tlement of the difficulties a division of the land and the 
 annuities between the Old Settlers and the new arrivals. 
 But these disputes about government and ownership 
 were not the only reasons for apprehension concerning 
 Cherokee affairs. In the interim between the two coun- 
 cils, meeting in June and July, 1839, respectively, there 
 occurred an event which could not but prove to be a 
 3 Cong. Doc. 443, No. 235. 4 Cong. Doc. 359, No. 347, p. 58. 
 
Major Ridge 
 
 Born about 1771, at Highwassie. His Indian name was Kah- 
 nung-da-tla-geh, meaning " man who walks on the mountain's 
 top." From a lithograph in colors, published about 1840. 
 
The Cherokee Indians 53 
 
 serious detriment to a speedy or peaceable termination 
 of the turmoil by which the Cherokee country was pos- 
 sessed. This event was the murder of John and Major 
 Ridge and Elias Boudinot, the leading spirits of the 
 Treaty part3^ Party feeling had run high before the 
 conclusion of the Treaty of New Echota. In 1829 the 
 Cherokees had enacted a law which inflicted the death- 
 penalty upon any unauthorized persons who should sell 
 land.^ If one accused of so doing should fail to de- 
 liver himself up for trial he should be considered an 
 outlaw and could be shot on sight. After the New 
 Echota council, as information about the nefarious 
 transaction spread among the Indians hostile to re- 
 moval, they became incensed against those who had 
 been instrumental in the accomplishment of the treaty 
 and regarded them as traitors. Vengeance was delayed, 
 but came at last. When the news of the murder was 
 learned, many of the adherents of Ridge and many of 
 the Old Settlers fled in terror to Fort Gibson. Natur- 
 ally great excitement prevailed. At the council in July 
 which met shortly after the murders had been com- 
 mitted a decree was passed making members of the 
 Treaty party ineligible to office for five years. An act 
 of amnesty toward those exposed by their acts to the 
 penalty of outlawry, i. e., members of the Treaty party, 
 was passed, but in order to avail themselves of its 
 pardon, they were to retract or disavow all threats 
 made against any person or party, and to give satis- 
 factory assurances that they would keep the peace. 
 Those who failed to present themselves were subse- 
 quently outlawed. The council of July also passed a 
 decree of oblivion, the terms of which enabled those 
 5 Niles' Register, Nc. 37, p. 235. 
 
54 The Cherokee Indians 
 
 who had committed crimes in the past, including the 
 perpetrators of the murder, to escape punishment.* 
 
 After the murder of the Ridges and Boudinot the 
 Treaty party appealed to the Washington Government 
 for redress. The President felt himself called upon to 
 espouse the cause of those who had done the bidding 
 of the Federal Government in making a treaty, and had 
 done it despite the overwhelming public sentiment in the 
 Cherokee nation against such a proceeding. Thus, at 
 the time when a judicial and tactful attitude was abso- 
 lutely essential, the Government was precluded from 
 taking it, because of the obligation to the Ridge party. 
 The President decided to interfere and demand that the 
 murderers be turned over to the Federal Government 
 for punishment. Ross resented the interference,"^ claim- 
 ing that the Cherokees had a government capable of 
 dealing with all internal affairs. The United States 
 authorities themselves attempted to find the murderers. 
 General Arbuckle, in command of the Federal troops 
 In the Cherokee neighborhood, had asserted in justifica- 
 tion the cbligatlon of the Government to protect the 
 ( hcrokces from domestic strife. Replying to this, 
 Ross asked If the peace and friendship between the 
 United States and the Cherokees, promised by the 
 Treaty of New Echota, was to be confined to one one- 
 hundredth part of the nation,^ L e., the Treaty party. 
 Secretary of War Poinsett refused to receive a Chero- 
 kee delegation with John Ross, when such a delegation 
 went to Washington to seek an adjustment of difficult- 
 ies. Poinsett grew violent in his denunciation of John 
 Ross, saying that it was believed that Ross was the in- 
 
 « Cong. Doc. 443, No. 234, pp. 26-27. 
 
 T Cong. Doc. 365, No. 1^9, p. 107. « Cong. Doc. 359, No. 34T. 
 
The Cherokee Indians 55 
 
 stigator of the murders, and that he was admittedly the 
 protector of the murderers. The delegation declined an 
 audience without Ross; and demanded evidence for 
 the accusations made against their leader. Poinsett, in 
 reply, told them that evidence would be furnished in the 
 course of the investigation.^ But in April, 1840, John 
 Ross told a Congressional committee that Poinsett, 
 when pinned down to it, admitted that there was no 
 investigation to ascertain the truth of the charges 
 against Ross, and, furthermore, that none was neces- 
 sary as long as Ross did not give up the murderers.^^ 
 Ross and Coody offered a measure of excuse for the 
 murderers on the ground that the Ridges and Boudinot 
 were regarded as traitors by the Indians, and that an 
 old law ^^ held in peculiar reverence by the people 
 prompted them to the murder.^" Poinsett was more 
 angry than ever at what he termed an attempt to 
 justify the murders, and on March 7, 1840, he ordered 
 General Arbuckle to bring about a new constitution, 
 securing rights to all Indians, the " abolition of all 
 such cruel and savage edicts " as that under which 
 Ridge and Boudinot were murdered, conformity to the 
 United States Constitution and the exclusion from 
 office of John Ross and William S. Coody. ^^ Im- 
 mediately there was a protest from the Cherokees,^* 
 and Cood}^ said that he did not justify the murders, he 
 merely explained them.^^ It should also be noted that 
 
 9 Cong. Doc. 359, No. 347, p. 21 et seq. 
 
 10 Cong. Doc. 368, No. 222. 
 
 11 See Page 52. 
 
 12 Cong. Doc. 366, No. 188. 
 
 13 Cong. Doc. 359, No. 347, p. 2. 
 
 14 Cong Doc. 368, No. 222. 
 
 15 Cong. Doc. 368, No. 222, p. 19. 
 
56 The Cherokee Indians 
 
 Mr. Stokes, United States agent for the Cherokees, had 
 written to Secretary Poinsett January 22, 1840 — six 
 weeks previous to Poinsett's orders to Arbuckle — that 
 there was nothing in the new Cherokee constitution to 
 encourage murder, and as a result of conversations with 
 five or six Old Settlers — not Ross party men — he 
 judged that the murders were not sanctioned or auth- 
 orized by the chiefs and principal men/^ The decrees 
 of outlawry, to which also Poinsett took exception, John 
 Ross stoutly defended on the ground that they were not 
 measures of persecution as alleged, but of protection 
 to the Treaty men. The Indians were so incensed at 
 them, Ross said, that such a measure was the only way 
 to save them from vengeance. And he likewise upheld 
 the acts of Amnesty and Oblivion by which the mur- 
 derers had gained immunity from prosecution as being 
 made necessary by the turbulent state of the country 
 which rendered it essential that steps should be taken 
 to obliterate old scores and to promote immediate 
 peace. To demonstrate the soundness of his position 
 he referred to the fact that the committee that con- 
 sidered these measures was presided over by Guess, 
 whose own son had been murdered, but who favored the 
 legislation from motives of patriotism. ^^ One other 
 event which preceded the issuance of the orders to Gen- 
 eral Arbuckle is of sufficient importance to be recorded. 
 In January, 1840, another council assembled at Tahle- 
 quah and reaffirmed the act of union and the constitu- 
 tion adopted the previous summer.^^ At this council 
 the decree of ineligibility of Treaty men to office was 
 
 16 Cong. Doc. 359, No. 347, p. 51. 
 
 17 Cong. Doc. 368, No. 222, p. 5. 
 
 18 Cong. Doc. 359, No. 347, p. 44. 
 
The Cherokee Indians 67 
 
 withdrawn/^ An invitation to attend this council was 
 extended to all, and the promise was made that none 
 who attended should be molested. The Old Settlers, 
 however, viewed the invitation askance, and no great 
 number attended. 
 
 In April, 1840, in his communication to the Congres- 
 sional committee to which reference has already been 
 made,^^ John Ross gave his version of the lack of har- 
 mony between the Old Settlers and his own party. In 
 describing the Western Cherokees' form of government 
 prior to the emigration of the Eastern Cherokees, he 
 said there were three chiefs elected for four years by 
 the National Council, which was itself elected every two 
 years. This Council ought to have been elected in 
 August, 1839. One chief had died; one had resigned. 
 There was, thus, one legal chief in power; and he was 
 John Looney. After the arrival of the Cherokees from 
 the East he called an informal meeting of the National 
 Council of the Western Cherokees. Eight met and 
 elected two other chiefs. In August no election was 
 held. But that month the Old Settlers — a certain 
 number of them — deposed the two chiefs they elected, 
 and then effected a union with the Eastern Cherokees. 
 These chiefs, whom Ross regarded as unauthorized agi- 
 tators, called, in October, a public meeting which was 
 formed into a council and elected three chiefs, and 
 declared the act of union null and void. This council 
 Ross declared would have amounted to nothing except 
 for the recognition and prominence given to it by Gen- 
 eral Arbuckle.^^ In a word, then, Ross claimed that the 
 Western Cherokees were, for the most part, favorable to 
 
 19 Cong. Doc. 365, No. 129, p. 21. 
 
 20 See page 55. 21 Cong. Doc. 368, No. 222. 
 
58 The Cheroke Indians 
 
 him; that the government established at the October 
 council was not only illegal, but the government of a 
 minority of the Western Cherokees and existed only be- 
 cause of the partisan support of Arbuckle. The Old 
 Settlers claimed that the majority of the Western Chero- 
 kees were with them, and that their government alone 
 had the right to exist. Both factions had sent delega- 
 tions to Washington, and instructions had been for- 
 warded to Arbuckle to overthrow both governments and 
 estabhsh a third. 
 
 This was the state of affairs when President Harri- 
 son was inaugurated and when, shortly afterward, he 
 died and was succeeded by Tyler. The Cherokee ques- 
 tion had for years been before the public, and as party 
 lines had more than once been drawn in regard to it, 
 Tyler had the opportunity of making political capital 
 out of it. And he was certainly justified in assuming a 
 less uncompromising attitude than that of his predeces- 
 sor toward those Cherokees who had been driven all but 
 at the point of United States bayonets from their 
 ancestral domains to the West. In September, 1841, 
 Tyler wrote the Ross delegation, promising that a 
 treaty would be negotiated to settle the various dis- 
 putes and claims, and expressing his regret for past 
 injustice and his assurance that there should be no more 
 if he could prevent it.^" 
 
 In the spring of 1842 Stand Watie, a member of the 
 Treaty party, murdered James Foreman, one of the 
 most prominent men of the Ross party, in revenge for 
 the murder of the Ridges and Boudinot, and the ex- 
 citement which had, in a measure, been allayed was 
 once more at fever heat. This was but the beginning. 
 22 Cong. Doc. 411, No. 1098, p. 71. 
 
The Cherokee Indians 69 
 
 For a year there was comparative quiet in the Cherokee 
 country, but in the summer of 1843 Jacob and John 
 West were suddenly arrested and brought to trial on 
 the charge of conspiracy to overthrow the Ross gov- 
 ernment. It was alleged that the election papers of one 
 district had been destroyed, one man had been murdered 
 and another had been injured. A certain James Starr, 
 a member of the Treaty party, was thought to be the 
 instigator of the conspiracy, and the Wests were ar- 
 rested as accessories. In the midst of their trial an at- 
 tempt was made to rescue them, but it failed. This 
 was but the prelude to a season of crime and lawless- 
 ness. Horse-stealing, robbery, burning, and murder 
 followed one another in quick succession until once more 
 the country was thoroughly alarmed."^ 
 
 At about this time light was shed upon the troubles 
 of the Cherokees from an authoritative source. A 
 board of inquiry was appointed by President Tyler to 
 investigate the disturbances in the Cherokee nation and 
 to consider the grievances of the various factions. The 
 board consisted of Brigadier General R. Jones, Lieu- 
 tenant Colonel R. Mason, and P. M. Butler, Esq., 
 Cherokee agent. ^* The thoroughness of their investi- 
 gation, the lucidity of their report, and the personnel 
 of the board — all men of high standing — preclude the 
 idea of a partial investigation or a report determined 
 by partisan bias. To show that there was ample op- 
 portunity for the Old Settlers and Treaty party to 
 present their grievances, as well as for the Ross party, 
 the committee reported that on December 4, 5, 6, 1844, 
 
 23 Cong. Doc. 474, No. 298, p. 162. 
 
 24 Cong. Doc. 476, No. 331, p. 20. 
 
60 The Cherokee Indians 
 
 a council of the Cherokees met the commission near 
 Fort Gibson. There was an attendance of 485, of 
 whom 286 were Old Settlers, and 195 of the Treaty 
 party. The council reconvened at a later date, and 
 there were 908 present; 546 Old Settlers and 362 
 Treaty men. 
 
 In their findings the commission said that the act of 
 union of 1839 was voted by a minority of the Western 
 Cherokees. But, under instructions from the War De- 
 partment, General Arbuckle called a meeting the fol- 
 lowing year, and on June 26, 1840, a second act of 
 union was passed. A committee of the Western Chero- 
 kees attended and deliberated, and were regarded at the 
 time as authorized agents, both by the Eastern Chero- 
 kees and by General Arbuckle. John Rogers, chief of 
 the Western Cherokees, although not personally in- 
 clined toward union, nominated for one of the head men 
 under the terms of the compact, but before it was 
 signed, Andrew Vann of his own party, and also gave 
 a toast, " What has been done this day, may it never be 
 undone." The stipulations made in regard to office 
 were at once carried out, and many of those who were 
 now denying the validity of the compact had taken 
 office under it, and, of course, had taken also the 
 required oath. Rogers and others had received money 
 from the new government for claims under the old 
 government. The proceedings had never been referred 
 back to the Old Cherokees, nor did there seem to have 
 been any intention of such reference. The parties 
 who were complaining before the commission had ac- 
 quiesced quietly in the new government which went 
 into, and long continued in, operation. The committee 
 
The Cherokee Indians 61 
 
 of twelve who had signed the act of union now, with one 
 exception, denied their authority for so doing, and seven 
 of the twelve had been chosen with others by the same 
 party on December 6, to present their complaints be- 
 fore the commission. It would seem a strange thing to 
 appoint a second time such agents who had shown 
 themselves faithless and had acted without authority. 
 These deputies of the Western Cherokees claimed that 
 they had signed the compact on the basis of promises 
 never realized. The commission reported that the 
 promises in regard to office had been kept, for at the 
 succeeding election party lines seemed obliterated and the 
 Western Cherokees received the majority of offices, and 
 that the promises in regard to money must necessarily 
 have been hypothetical, depending largely upon the deci- 
 sion of the United States. The commission drew the 
 attention of the Federal Government to the fifteenth 
 article of the Treaty of New Echota, and remarked that 
 upon the subject of per capita division of money due, all 
 parties of the Indians stood alike. The board further 
 reported that the complaints of oppression by the 
 Ross party were unfounded. There was great danger 
 to life from bandit half-breeds who were not of the 
 dominant party. These made stealthy incursions, steal- 
 ing and burning. There was no discontent among the 
 mass of the people with the new government. ^^ 
 
 After this investigation one would think that suffi- 
 cient time had been given to discussion, and that the 
 time for action had arrived. If the United States 
 authorities had at once fully recognized and acknowl- 
 edged the Ross government as the only legitimate 
 25 Cong. Doc. 457, No. 140. 
 
62 The Cherokee Indians 
 
 one, and had discountenanced factional attempts to 
 overthrow it, a disgraceful page of Cherokee history 
 probably never would have been written. But no such 
 course was pursued. Instead Commissioner Medill 
 sent to President Polk, who had succeeded Tyler, a 
 communication which, after the clear and illuminating 
 report of the commission, is more than disappointing. 
 In it Medill showed a factional spirit, in all things 
 championing the cause of the Old Settlers, and saying 
 that the act of union was of no binding force. In 
 accordance with MedilPs suggestion Polk recommended 
 in his message to Congress a separation of the two 
 parties in the nation, both in territory and government, 
 and the extension of the United States laws for mur- 
 der over the Indians.'"^ This project of separation 
 was not put into effect, but served to keep alive the 
 feud among the Cherokees and to resuscitate the hope 
 among the Old Settlers that the United States would 
 interfere in their behalf. 
 
 In November, 1845, an attempt was made by a party 
 of Cherokees in disguise to murder Meigs, a connection 
 of John Ross. Failing in this, Meigs's house was fired. 
 Shortly afterwards the bodies of two obscure Cherokees 
 were found bearing unmistakable evidences of their hav- 
 ing been murdered. It was conjectured that they had 
 met the assailants of Meigs and had been killed by them, 
 either that the latter's designs upon him might not 
 be frustrated, or for fear of a betrayal of their identity. 
 The Starrs were at once suspected of the outrage, as 
 it was believed that they had long been instigators of 
 revolt and crime. Two of the Starrs, young men, had 
 been outlawed by the Ross government, and a price 
 26 Cong. Doc. 474, No. 298. 
 
The Cherokee Indians 63 
 
 had been set upon their heads, as they were known to 
 be desperate characters. ^^ Furious at the outrages 
 committed, an armed band of mounted men swooped 
 down upon James Starr and shot him dead and 
 wounded his son, a mere child. Before they finished 
 their work they also wounded Washington Starr, and 
 killed Suel Rider, who was also suspected of being in- 
 volved in the plots of one of which the attack on Meigs 
 was the result.^^ 
 
 Lieutenant Nelson reported that the most intelligent 
 Treaty man he met believed that the vengeance which 
 had summarily called Starr and Rider to account was 
 aimed only at the Starrs and their confederates.^^ In 
 real or feigned terror, however, a number of the 
 Treaty party fled from the Indian country for refuge 
 into Arkansas where they would be under exclusively 
 Federal jurisdiction. Then General Arbuckle became 
 involved in an altercation with the Ross government, 
 accusing Ross of having sanctioned the murder of 
 Starr and of having a design to exterminate his polit- 
 ical foes. Arbuckle reported to Washington that the 
 Light Horse had murdered Starr. In reply it was said 
 by the adherents of Ross that the attack on Meigs was 
 made by the banditti referred to by the board of in- 
 quiry, and that Starr was believed to have aided them. 
 Acting Chief Lowry stated that the terms of the Light 
 Horse had expired and there was none at the time of 
 the killing of Starr.^^ The Light Horse were the official 
 police and had been organized originally in 1808 to pre- 
 
 27 Cong. Doc. 483, No. 92. 
 
 28 Cong. Doc. 483, No. 92, p. 37. 
 
 29 Cong. Doc. 483, No. 92, p. 35. 
 
 30 Cong. Doc. 474, No. 298, p. 170. 
 
64 The Cherokee Indians 
 
 vent horse-stealing.^^ It was vigorously denied that 
 the officials had planned or sanctioned lawlessness or 
 murder. The Cherokee Advocate had not justified 
 the murders, but the Ross organ had taken the ground 
 that extreme provocation produced extreme measures 
 of retaliation, and that the country was well rid of 
 Starr.^^ Meantime the fugitives of the Treaty party 
 and Old Settlers had been followed by a determined 
 band of armed men. Major M'Kissick, Cherokee 
 agent, tried in vain to persuade the latter to disperse. 
 At his request Lowry undertook to gain their consent to 
 disband, and succeeded, and they returned in peace to 
 their homes. Shortly after this episode some forty 
 or fifty Treaty Cherokees took refuge in old Fort 
 Wayne, claiming they met only defensively. But im- 
 mediately fifty or sixty of those who had previously 
 assembled menacing the Treaty men who had fled, re- 
 assembled on the mountain near Evansville, excusing 
 their conduct on the ground that their enemies had 
 met in Fort Wayne and were meditating an attack 
 upon them. The party on the mountain did not hesi- 
 tate to appropriate the cattle and hogs of the fugi- 
 tives for the purpose of subsistence during their period 
 of camp life. But nothing serious occurred and they 
 soon dispersed again.^^ General Arbuckle had opposed 
 the Ross party and had received orders from Wash- 
 ington to protect the weaker party. ^* But Captain 
 Boone, who had been stationed at the line, said, De- 
 cember 10, 1845, " There is much to be feared from 
 
 31 State Papers, Ind. AflF., vol. 2, p. 283. 
 
 32 Cong. Doc. 483, No. 92, pp. 37 and Q5. 
 
 33 Cong. Doc. 483, No. 92. 
 
 34 Cong. Doc. 474, No. 298, p. 187. 
 
The Cherokee Indians 65 
 
 the Old Settlers and Treaty party." He had heard 
 that Stand Watie was organizing the Fort Wayne 
 refugees for an attack. ^^ 
 
 These events were the beginning of a veritable 
 " reign of terror " among the Cherokees. Early in 
 the following spring Stand, a Ross adherent, was mur- 
 dered by Faugh. Faugh was tried and convicted, but it 
 was believed that the Starrs were the actual principals 
 in the crime. ^^ It was thought that the motive was 
 revenge for the killing of James Starr. This murder 
 was followed by that of Cornskill, a Ross man. Six 
 days later Turner, a Treaty man, was killed. In No- 
 vember Ellis Dick and Billy Starr were wounded. 
 Arbuckle took the Starrs and refused to surrender them 
 until the murderers of James Starr should be pun- 
 ished. Next Jimmy and Tom Starr murdered two Ross 
 men and so it w^ent on. Agent M'Kissick reported 
 thirty-four murders within a year, but added that 
 twelve of them were not political.'' 
 
 The picture of the troubles of the Cherokees would 
 be incomplete were the background of the attitude 
 of General Arbuckle entirely wanting. General Ar- 
 buckle throughout the period acted, not as a judge, but 
 as an advocate. From beginning to end he con- 
 sistently opposed John Ross and his party in every 
 matter of any importance. The partisanship of Ar- 
 buckle was the cause of much bitter complaint on the 
 part of Ross. Several times they gave each other the 
 lie direct. In reply to one attack of Arbuckle upon 
 Ross's veracity, the latter in turn practically accused 
 
 35 Cong. Doc. 483, No. 92, p. 60. 
 
 3fi Cong. Doc. 474, No. 301. 
 
 37 Cong. Doc. 493, No. 1, p. 273. 
 
66 The Cherokee Indians 
 
 Arbuckle of erasing or omitting a date on a document 
 in order to impugn his veracity. Again, Ross had said 
 at the time of the murder of Boudinot that immedi- 
 ately after the murder Mrs. Boudinot had sent word 
 to him to escape, as his Hfe was in danger. Arbuckle 
 answered that Mrs. Boudinot denied having sent such 
 a message and characterized Ross's story as a lie. 
 Ross, in turn, replied that whether the message was 
 sent by Mrs. Boudinot or not, such a message was 
 delivered to him, and furthermore that in the distrac- 
 tion of such a time there would be no wonder if Mrs. 
 Boudinot did not remember what she did or did not 
 say, and that Arbuckle himself admitted that he heard 
 that some, when they learned of the murder, were in- 
 censed and would have killed Ross if they could have 
 done so.^* At another time Ross asserted that he had 
 written to Arbuckle in reference to a proposed meet- 
 ing with the chiefs of the opposing party, saying that 
 a committee would go " armed with prudence and dis- 
 cretion." The conmiittee upon reaching Arbuckle 
 found him literally armed to receive them. Where- 
 upon, as Ross added, the committee needed all the 
 prudence and discretion in which their arms consisted 
 to extricate themselves from their difficult position.^^ 
 These are illustrations which might be multiplied of 
 the manner in which General Arbuckle held himself in 
 readiness to make accusations against Ross and his 
 followers, with no basis save wild and intangible rumors 
 which he seldom, apparently, took pains to verify. 
 
 But governmental interference in their internal 
 affairs was not the only complaint that the Cherokees 
 
 38 Cong. Doc. 368, No. 222, p. 3. 
 3» Cong. Doc. 365, No. 12^, p. 1. 
 
The Cherokee Indians 67 
 
 laid at the door of the Washington authorities. The 
 Treaty of New Echota made necessary certain adjudi- 
 cations and the payment of certain claims. A board 
 of commissioners was appointed to do this work. But 
 it necessarily proceeded with a slowness that was ex- 
 asperating, and the career of the board ended long 
 before all claims had been settled. In fact it was 
 necessary to appoint several successive boards for this 
 important business. But the slowness of the procedure 
 was not the only cause of complaint. The money 
 appropriated by the Treaty of New Echota was being 
 eaten up in payment of these claims, and those who 
 stood near the foot of the list were in danger of find- 
 ing no funds for the satisfaction of their claims. It 
 was alleged, too, by the Indians that there was ex- 
 ecutive interference with the work of the commission, 
 and that as a result cases were not dealt with impar- 
 tially nor settled solely on their merits.*^ 
 
 At the time of removal it became apparent that the 
 cost of removing the Cherokees west would greatly 
 exceed all expectations and therefore an additional ap- 
 propriation of over one million dollars had been made 
 by Congress,*^ in 1838, with the purpose in part of 
 meeting this extra expense. The members of the 
 Treaty party had removed themselves and were allowed 
 twenty dollars per capita for so doing. It cost more 
 than that for those removed under John Ross, and be- 
 cause of this difference in allowance the Treaty party 
 claimed a share in the additional appropriation.'*^ And 
 the portion of this additional appropriation available 
 
 40 Cong. Doc. 420, No. 93. 
 
 41 Cong. Doc. 434, Xo. 229, p. 11. 
 *2 Cong. Doc. 443, No. 234. 
 
68 The Cherokee Indians 
 
 for the increased expenses of moving beyond those esti- 
 mated, was insufficient, and the five milHon dollars of 
 article one. Treaty of New Echota, was drawn upon, 
 but there was great doubt as to the propriety of this 
 proceeding. 
 
 In regard to these and kindred subjects the board 
 of inquiry already discussed, that had investigated the 
 questions of government and turbulence among the 
 Cherokees, also made recommendations. They re- 
 ported that in their opinion the Western Cherokees 
 were entitled to indemnity because the Eastern Chero- 
 kees had been thrust upon them, but that the Eastern 
 Cherokees were also entitled to share it because the 
 former had a share in the money from the sale of 
 lands east. It was not just, in the commissioners' 
 opinion, that the additional and unexpected expense 
 in removal should be allowed to exhaust the five million 
 dollars, nor just that the Treaty party should be dis- 
 appointed in the expectation of compensation for 
 homes surrendered because all the money was taken 
 for the removal of the other portion of the tribe. The 
 board thought that the supplementary article of the 
 Treaty of New Echota showed that the five milHon dol- 
 lars ought not to be drawn upon for the expenses of 
 removal. The commission recommended that the au- 
 thorities of the Cherokees be heard in respect to their 
 claims and that a new treaty be drawn up with the 
 nation.*^ It will be remembered that certain of the 
 Cherokees, especially those in North Carolina, had 
 escaped the snare into which their brethren fell, and had 
 remained east. These now put forth a claim to money, 
 as their property had been sold by government agents, 
 43 Cong. Doc. 457, No. 140, p. 12 et seq. 
 
The Cherokee Indians 69 
 
 and North Carolina had extended her laws and protec- 
 tion to them and they wished to become citizens of that 
 State. They, also, wished to be reimbursed for their 
 property/* 
 
 So much space has been given necessarily to the 
 feuds of the Cherokees, and the turbulence and lawless- 
 ness of which their country was the scene, have been 
 so dwelt upon that it would not be surprising if a 
 complete misapprehension of the real condition of these 
 Indians existed in the mind of the reader, who might 
 be easily pardoned for believing that these Cherokees 
 were wild Indians indeed. As a matter of fact the 
 Cherokees were to a very great degree civilized. The 
 government that had been inaugurated by the Chero- 
 kees, like the one which they had established for 
 themselves in the east, was modeled after that of the 
 United States. There were the three departments: 
 executive, legislative and judicial. Such rights, as we 
 consider them, as freedom of worship and trial by jury 
 were guaranteed. ^^ In December, 1841, Lieutenant 
 Colonel Hitchcock rendered a report upon the affairs 
 of the tribe, in which he told with some detail of their 
 manner of life. Many of the houses, though built of 
 logs, were comfortable, and had many improvements. 
 They were of two stories, and had porches and glass 
 windows. As among any people, there were many poor. 
 The wealthy, however, Hitchcock wrote, shared their 
 means with the poor " with a kindness and liberality 
 that have not been learned from the whites." No con- 
 jurers were to be found in the nation. Shoes were 
 almost universally worn. Coats and trousers of cloth 
 
 44 Cong. Doc. 451, No. 90. 
 
 45 Cong. Doc. 411, No. 1098, p. 74. 
 
70 The Cherokee Indians 
 
 were extensively worn. The Cherokee tongue had be- 
 come a written language through the genius of George 
 Guess, a man of exceptional ability. Newspapers had 
 had a long history among the Cherokees. There were 
 many schools in the country, as there were also churches, 
 and numbers of the Indians had professed Christianity. 
 Among the people there was considerable white blood 
 from early times. They were not at all disposed to go 
 to war with the United States unless driven to it by 
 the most extreme injustice.^^ 
 
 46 Cong. Doc. 425, No. 219, p. 5 et seq. 
 
CHAPTER VI 
 
 CHANGING TIMES 
 
 THE uncertainty, the tension in Cherokee affairs, 
 the strained relations between the Cherokee fac- 
 tions, the misunderstandings between the majority of 
 the nation and the Federal Government must not, even if 
 they could, continue indefinitely. That was certain. A 
 great many of those irreconcilable to the dominance 
 of the Ross party were urging the United States to 
 grant them land elsewhere, and this scheme had been 
 favorably regarded and recommended by the President 
 more than once. Preliminary steps with this end in 
 view had been taken. The Ross party strenuously op- 
 posed the plan. They vigorously objected to Federal 
 interference with their internal affairs.^ Especially did 
 they remonstrate against the accompanying recom- 
 mendation that the United States laws be extended 
 over them. This they regarded as in direct violation 
 of the Treaty of New Echota, which had promised the 
 Indians protection in their own government and in 
 the laws they should make, with the one proviso that 
 these should not be inconsistent with those of the 
 United States.^ As the case stood, the alternative to 
 a division of the nation was a treaty which should 
 reunite the parties and bring harmony out of discord. 
 
 The matters which such a treaty must settle were 
 not only the factional strife, but the interpretation 
 1 Cong. Doc. 476, No. 331. 2 Article 5. 
 
72 The Cherokee Indians 
 
 of certain articles of the Treaty of New Echota in- 
 volving the amounts of money clue the Indians and the 
 various claims which had been put forth. The task 
 was no simple one. For some time efforts had been 
 made by different parties to obtain the consent of all 
 concerned to the proposition that a treaty be made. 
 At length negotiations were begun and in 1846 a treaty 
 was concluded. 
 
 This treaty ^ began by affirming that the Indian lands 
 were for the whole Cherokee people. It was agreed that 
 there should be peace and that party distinctions should 
 cease. Amnesty was to be declared. There should 
 be no armed police. The rights of petition and trial 
 by jury were guaranteed. In article three it said that 
 certain claims had been allowed by the board of com- 
 missioners appointed under the Treaty of 1835 " for 
 rent under the name of spoliations and improvements, 
 and for property of which the Indians were dispossessed 
 provided for under article sixteen " of the Treaty of 
 New Echota, and that a further amount has been al- 
 lowed for reservations under the Treaty of 1835 by 
 said commissioners, and it is assumed that the amounts 
 then allowed, together with the expenses of making the 
 Treaty of New Echota, were wrongfully paid out of 
 the five million dollar fund. Therefore the United 
 States agree to reimburse the said fund the amounts 
 there charged to the said fund. The treaty defined 
 the claim of the Western Cherokees * by asserting that 
 by the Treaty of 1828 the territory was the property 
 of the whole Cherokee nation, and provided that a sum 
 equal to one-third of the residuum of the six million 
 dollars was to be divided per capita among the Western 
 
 3 U. S. Stat, at Large, vol. 9, p. 871. 4 Article Four. 
 
The Cherokee Indians 7S 
 
 Cherokees. The Treaty party was to be indemnified 
 to the amount of one hundred and fifteen thousand dol- 
 lars. The Federal Government promised two thousand 
 dollars for a printing press. The United States would 
 give a per capita division of the balance of the six 
 million dollars. The treaty appointed the Senate um- 
 pire to decide whether or not the amount for subsist- 
 ence was properly chargeable to the fund, and also 
 whether or not the Indians should be allowed interest 
 on whatever sum might be found due them, and, if this 
 question should be decided affirmatively, from what time 
 the interest should date and at what rate per annum. 
 Provision was also made out of the indemnity for the 
 heirs of the Ridges and Boudinot, and a clause was in- 
 serted saying that the treaty should not take away the 
 rights of the Cherokees still residing east. 
 
 On February 19, 1847, Mr. Jarnagin reported in 
 the Senate that peace was restored in the Cherokee 
 nation. After more than a decade of trouble, strife 
 and confusion, a treaty and peace ! But the cessation 
 of strife did not signify the dawn of an era of pros- 
 perity. Years of delay, bickering and misunderstand- 
 ing must ensue before the United States could settle 
 according to the provisions of the Treaty of 1846. 
 It may have been observed already that in making 
 treaties with the Cherokees the Senate possessed to a 
 high degree the qualities for which the oracles of old 
 were noted. The various treaties seem to have one 
 feature in common, ambiguity. Nobody even knew 
 what the intentions of the Senate were, and when appeal 
 was made to the Senate to interpret its own creation 
 that august body threw up its hands with an air of 
 
74 The Cherokee Indians 
 
 injured innocence and inquired how in the world it was 
 to perform such a task. 
 
 It will be recalled that the first article of the Treaty 
 of New Echota granted the Indians five million dollars. 
 But was this sum to include expenses of removal and 
 subsistence? That was the question asked immediately. 
 The answer was given in the third supplementary 
 article which allowed six hundred thousand dollars ad- 
 ditional for this purpose and in lieu of pre-emptions 
 and reservations, and the one hundred thousand dollars 
 allowed by article one for spoliations. Then, at a later 
 date something over a million dollars more was granted 
 for removal. Then a second question arose. Did the 
 United States intend that these various grants should 
 be regarded as a lump sum from which the various de- 
 ductions called for by treaty should be made, or were 
 these sums to be kept separate, each to be drawn upon 
 only for certain specified charges? The ambiguity of 
 the Treaty of New Echota may be seen by a compar- 
 ison of the fifteenth article with the second supplemen- 
 tary article. The former mentioned the cost of removal 
 and subsistence among the enumerated sums to be de- 
 ducted from the five million dollars, but the latter 
 granted the six hundred thousand for this purpose and 
 for several other particularized expenses. Was this 
 supplementary article meant to relieve the five million 
 dollars entirely of those particularized items or was 
 it meant simply to increase the original allowance? 
 To how great an extent was it meant to be of the nature 
 of a substitute as well as of a supplement? 
 
 It was, of course, just this ambiguity and the ques- 
 tions to which it gave birth that the new treaty (that 
 
The Cherokee Indians 75 
 
 of 1846) sought to elucidate or to provide a means 
 for elucidating. But on May 10, 1848, Commissioner 
 Medill gave it as his opinion that the five million d(^llar 
 fund was liable to all objects enumerated in the fif- 
 teenth article of the Treaty of New Echota except 
 spoliations, and that the contention that by making the 
 additional grant of one million dollars the United 
 States assumed the whole expense of removal and sub- 
 sistence and relieved the five million of this charge, was 
 not justified. He quoted Secretary Cass as saying to 
 John Ross that the five million dollars was " m full 
 for the entire cession, and nothing more will be paid 
 for removal or any other purpose or object whatever."' 
 He regarded the extra million as a voluntary grant 
 given for the purpose of hastening the removal of the 
 Indians.^ The Cherokees protested against this inter- 
 pretation,^ and argument, perplexity and disagreement 
 postponed a settlement and the matter dragged on 
 for several years. 
 
 At length in August, 1850, the Senate committee 
 which had been considering the Cherokee claims came 
 to a decision. It was decided that the charge for sub- 
 sistence ought to be borne by the United States. This 
 conclusion was not grounded so much upon the treaty 
 itself, which the committee admitted to be ambiguous, 
 as upon subsequent negotiations in which Poinsett gave 
 assurances to Ross that the United States should bear 
 the expense of subsistence. The amount to be added 
 to the residue of the fund as due for subsistence was 
 $189,422.76. It was agreed that the Cherokees were 
 right in contending that the amount expended by the 
 
 5 Cong. Doc. 521, No. 65, p. 6. 
 
 6 Cong. Doc. 511, No. 146. 
 
76 The Cherokee Indians 
 
 United States for agents was not in the meaning of 
 article nine of the Treaty of 1846 and there was added 
 $96,999.42 to the Indian fund because of this charge. 
 Interest was due them from April, 1838, at five per cent. 
 In February, 1851, the final appropriation of $724,- 
 603.27 was made in full of all demands.*^ But let it 
 not be imagined that this was the end of the matter 
 absolutely. The Old Settlers received what was paid 
 to them under protest lest the fact of their accepting 
 it should be so construed as to prevent their urging 
 claims not admitted by the treaty but which they con- 
 sidered to be just. And these claims were pressed. 
 Over forty years more were to elapse before the final 
 word should be said on the subject. An appropriation 
 had been made also for the North Carolina Cherokees,^ 
 but they claimed the right to participate in all the 
 benefits conferred by treaty upon their brethren in the 
 West. 
 
 With money owed but its payment delayed, and 
 with money borrowed to tide them over until the desired 
 better day should dawn, the Cherokee nation suffered 
 considerable distress during this period. By the terms 
 of the Treaty of New Echota a tract of eight hundred 
 thousand acres in the southeastern comer of Kansas 
 was purchased by the Cherokees from the United States 
 for five hundred thousand dollars. This tract was 
 
 7 $627,063.95— balance of fund, 
 
 189,422.76— allowed for subsistence over the $104,767.00, 
 96,999.42— paid to agents. 
 
 $913,486.13 
 
 Cong. Doc. 565, No.l76. Cong. Doc. 743, No. 123, p. 2. U. S. 
 Stat, at Large, vol. 9, p. 572. 
 
 8 Cong. Doc. 743, No. 123, p. 2 et seq. U. S. Stat, at Large, 
 vol. 9, p. 264. 
 
The Cherokee Indians 77 
 
 known as the neutral lands. In order to extricate 
 themselves from their financial difficulties the Indians 
 desired to sell these to the Government, but the latter 
 did not consider it expedient to buy.^ 
 
 In 1853 sensational rumors of several murders issued 
 from the Cherokee country and it was feared that his- 
 tory would repeat itself and a new " reign of terror " 
 would supersede the tranquillity so recently established. 
 Murders had been committed in a family named Adair, 
 but the authorities of the Cherokee nation quickly 
 gained control of the situation and it appeared that the 
 reports had been exaggerated. The excitement soon 
 subsided. There was no evidence that the outbreak was 
 of a political nature.^^ 
 
 An intercourse act had been passed by Congress in 
 1834 regulating the relations between the Indians and 
 the United States. This proved inadequate in some 
 respects. It provided for the expulsion of white in- 
 truders from Indian country, but attached no penalty 
 for repeated violations of this section. Consequently 
 intruders could be removed by Federal troops, but 
 there was nothing to prevent their return. So the 
 Cherokees were not free from that perpetual pest of 
 the Indian — the intruding white. This act also ex- 
 tended Federal laws over Indian country, provided they 
 should not include the punishment for crimes com- 
 mitted by one Indian against the person and property 
 of another Indian. Was this entirely consistent with 
 the Treaty of New Echota, which gave the Cherokees 
 power to make laws for their own people and those 
 connecting themselves with them ? The Supreme Court 
 
 9 Cong. Doc. 673, No. 1, p. 400. 
 
 10 Cong. Doc. 690, No. 1, p. 253. 
 
78 The Cherokee Indians 
 
 answered the question in the " United States versus 
 Rogers," -^^ a case which also illustrates the imperfect 
 adjustment of the relations between the Indian and 
 the Federal Government and the contention periodically 
 arising therefrom. Rogers, a white man, but a Chero- 
 kee citizen by adoption, murdered Nicholson, another 
 white man, but a citizen of the Cherokee nation. It was 
 claimed that the United States courts had no jurisdic- 
 tion. The Supreme Court ruled that the United States 
 had adopted the principle that the Indian tribes within 
 the United States were subject to its authority. The 
 court furthermore held that a white man becoming an 
 Indian at mature age did not by so doing become an 
 Indian within the meaning of the law. The Treaty of 
 New Echota did not supersede the act, but was con- 
 trolled and explained by it. 
 
 In 1856 there was another case of conflict of juris- 
 diction between the United States and Cherokee courts. 
 A man was arrested for a crime by the authorities of 
 the Cherokee nation. While he was awaiting trial 
 United States officers arrested him for an alleged crime 
 committed subsequently to that for which he was being 
 held, and took him from the Cherokees.^^ This was 
 regarded by the Indians as a high-handed act and 
 aroused their indignation. 
 
 It is evident that the Treaty of 1846 had not given 
 a perfect solution to all of the problems concerning 
 the Cherokees and their relation to the Federal Govern- 
 ment. 
 
 11 4 Howard, p. 567. 12 Cong. Doc. 859, No. 113, p. 2. 
 
CHAPTER VII 
 
 THE CIVIL WAR 
 
 THE ominous rumblings that preceded the storm 
 of civil war which broke in 1861 were heard 
 in the Cherokee country. In such crises men ordinarily 
 indifferent to questions of policy are forced into es- 
 pousing one cause or another, and as the excitement 
 increases party lines become more stringent. The 
 Cherokees proved no exception. They took sides. As 
 many of them owned slaves it is not surprising that 
 there was a party favorable to the South. It was less 
 to be expected that there would be any strong senti- 
 ment of loyalty to the Union. But such there was. 
 In those days immediately preceding the war there was 
 a division of the Cherokees into two active parties. 
 One party favored secession; the other, made up 
 mostly of the adherents of John Ross and known as the 
 " Pin Indians " from a badge they wore, were pro- 
 Union.^ When war broke out the Confederacy imme- 
 diately tried to win over the Cherokees. For a time 
 John Ross successfully resisted the overtures of the 
 South and endeavored to maintain a position of neu- 
 trality. Like most mediate positions this was difficult 
 to sustain, and at a convention called by Ross an alli- 
 ance with the Confederates was favored and eventually 
 a treaty was entered into with them and received the 
 1 Report of Comm. of Ind. Aff., 1863, p. 174. 
 
80 The Cherokee Indians 
 
 support of Ross.^ During the first year of the war the 
 Confederate armies overran the Cherokee territory. 
 According to the requirements of the treaty with the 
 South troops were raised which joined the Confederate 
 army. Nevertheless, despite all this a majority of the 
 Indians remained loyal to the Union and a regiment of 
 loyal Cherokees was raised and joined the Federal 
 forces and fought throughout the war. 
 
 In the winter of 1862 a Union army entered and for 
 a short time occupied the Cherokee country. Then it 
 retreated and the Confederates once more advanced. 
 Once again the Federal troops advanced, but only as 
 far as Fort Gibson.^ After this practical desertion of 
 the Cherokees by the North, Indian refugees unpro- 
 tected by the United States from the raids and devas- 
 tation of the Southern troops sought the protection and 
 shelter of the army posts near their borders. The In- 
 dian agent reported that there were as many as two 
 thousand of these loyal but destitute Cherokee refugees 
 in that memorable winter of 1862.^ From that time 
 until the close of the war the lot of the Indians was 
 most deplorable and their condition pitiable in the ex- 
 treme. Their losses, destitution and sufferings can 
 scarcely be exaggerated — scarcely depicted. The 
 North afforded them adequate protection at no time. 
 There were raids by the rebel-Cherokee Stand Watie ^ 
 as well as by other bodies of Confederate soldiers. 
 Under the very noses of the garrison at Fort Gibson, 
 
 2 Report of Comm. of Ind. Aff., 1862, p. 1. Cong. Doc. 1433, 
 No. 150, p. 20. 
 
 3 Report of Comm. of Ind. AfF., 1862, pp. 28 and 137. Report 
 of Comm. of Ind. Aflf., 1865, p. 285. 
 
 4 Report of Comm. of Ind. Aff., 1862, p. 137. 
 s Report of Comm. of Ind. Aff., 1863, p. 179. 
 
The Cherokee Indians 81 
 
 which apparently made no attempt to prevent it, the 
 Confederates drove off twelve hundred or fifteen hun- 
 dred mules and horses belonging to the Cherokees and 
 the United States.^ There seemed no help for these 
 loyal Indians. What little they had planted was of 
 no value to them. The officers of the Northern troops 
 appropriated what they desired of their crops, the 
 teamsters and hangers-on followed their example and 
 the remnant the Confederates made away with.*^ Under 
 such conditions what incentive was there for them to 
 plant, even though they were destitute.'' In the course 
 of the war it was estimated that damage to the extent of 
 two million dollars was sustained by the Cherokees.^ 
 After the incipient attempt, however, made by the 
 Union army to relieve the Cherokees, the latter through 
 their National Council declared the Confederate treaty 
 abrogated, abolished slavery and removed from office 
 all disloyal Cherokees.^ It was in this same year 
 (1863) that a Cherokee regiment serving with the 
 Confederates deserted to the Union. ^^ Ross himself 
 by this time had renewed his professions of loyalty to 
 the Union, claiming he always had been loyal at heart. 
 Ross's vacillating course naturally did not bring him 
 into increased favor with the Federal authorities. In 
 1865, however, his fellow-Cherokees petitioned that 
 he be re-established in his home and that the laws 
 of the nation might be once more put in operation.^^ 
 
 6 Report of Comm. of Ind. Aff., 1865, p. 285. 
 
 7 Report of Comm. of Ind. Aff., 1864, p. 209. 
 
 8 Report of Comm. of Ind. Aff., 1864, p. 286. 
 
 9 Report of Comm. of Ind. Aff., 1863, p. 23. Cong. Doc. 1232, 
 No. 56. 
 
 10 Report of Comm. of Ind. Aff., 1863, p. 174. 
 
 11 Cong. Doc. 1232, No. 52. 
 
82 The Cherokee Indians 
 
 But in 1866 when a new treaty to adjust the conditions 
 caused by the war was being arranged between the 
 Cherokees and the United States, Ross, who for so 
 many years had been the pre-eminent leader in nego- 
 tiating or opposing treaties, was too ill to attend. In 
 that same year he died. 
 
 It would scarcely seem a digression to consider 
 briefly this remarkable man with whose personality so 
 much of the Cherokee history is indissolubly bound. 
 He was bom in 1790 of Scotch-Indian parentage. 
 From young manhood until the day of his death he 
 retained the leadership of the Cherokee nation, al- 
 though assaults were made upon his character as well 
 as upon his leadership. He is variously described as 
 a great robber, liar and general hypocrite, and as a 
 man of exemplary life and unblemished Christian char- 
 acter. To pass a judgment upon him which shall be 
 fair is perhaps an almost impossible task. Allowing 
 for the fact that those who charged him with crooked- 
 ness were his enemies, and remembering that he cham- 
 pioned the full-bloods and was usually on the side of 
 order, and that his temper as shown by his correspond- 
 ence was finer, invariably, than that of his opponents, 
 whom he usually defeated by weight of evidence, the 
 judgment on the whole should be favorable. It is most 
 difficult to explain his course in the war. Before the 
 war he was pro-Union ; indisputably he long resisted the 
 Confederate overtures. Perhaps the best explanation 
 is that he was first a Cherokee and acted for the wel- 
 fare of his nation as he saw it. He was accused of 
 using his position for personal profit, but he died a 
 poor man. That he was a man of great ability none 
 
The Cherokee Indians 83 
 
 would question. Mr. P. M. Butler, Cherokee agent 
 said of him, " I think him, privately, a retiring, modest, 
 good man ; as a public man he has dignity and intelli- 
 gence. He is ambitious and stubborn, often tenacious 
 of his own views to an extent that prejudices both him- 
 self and his cause; wanting in wisdom and policy in 
 selecting at all times his own friends and partisans for 
 public employment. He looks rather to what he thinks 
 the rights of his people than to what is expedient or to 
 what is to be obtained for them." ^^ 
 
 Though the Cherokees were re-established in their 
 country with Tahlequah as their capital, reconstruction 
 was required among them as well as in the Southern 
 States. Readjustment was sought by the treaty con- 
 cluded in 1866.^^ This treaty declared the Confederate 
 treaty void. The United States declared an amnesty 
 and all laws of confiscation were repealed. Provision was 
 made for negroes and for Cherokee freedmen. There 
 was to be a district in which they might reside. They 
 were to have local self-government and representation 
 in the Cherokee National Council. Laws were to be 
 uniform throughout the nation. " Should any such 
 law . . . operate unjustly or Injuriously in the said 
 district " in the opinion of the President, he was au- 
 thorized and empowered to correct such evil and to 
 adopt means necessary to secure the Impartial admin- 
 istration of justice as well as a fair and equitable 
 application and expenditure of national funds as be- 
 tween the people of this and every other district in said 
 nation. A United States court was to be created In 
 
 12 Letter of P. M. Butler to T. Hartley Crawford, Comm. of 
 Ind. Aff., March 4, 1842. 
 
 13 U. S. Stat, at Large, vol. 14, p. 799. 
 
84 The Cherokee Indians 
 
 Indian Territory and until then the United States Dis- 
 trict Court was to have jurisdiction in all cases civil 
 and criminal in the district before described when one 
 party was in the district and the other outside of the 
 district in the Cherokee nation. 
 
 Article eight said that no license to trade was to be 
 granted by the United States unless approved by the 
 Cherokee Council. Freedmen were to have all the 
 rights of native Cherokees. The Cherokees were given 
 the right to sell produce, live-stock, merchandise, man- 
 ufacturing articles without restraint paying any tax 
 thereon which " is now or may be levied " on the quan- 
 tity sold outside Indian Territory. The eleventh 
 article granted right of way to railroads approved by 
 Congress. By the terms of article twelve the Chero- 
 kees agreed that a General Council consisting of dele- 
 gates elected by each nation or tribe within Indian 
 Territory might be annually convened in said terri- 
 tory. The object of this was to regulate inter-tribal 
 relations such as extradition. The Secretary of the 
 Interior was given the power of appointing the pre- 
 siding officer. The President of the United States 
 was given power to suspend the laws enacted by the 
 Council. 
 
 The United States was to be allowed to establish 
 courts, provided that the Cherokee courts be allowed 
 exclusive jurisdiction in cases where Cherokees were 
 the sole parties. The United States might also settle 
 friendly Indians on unoccupied lands east of 96 degrees 
 longitude on such terms as might be agreed upon by 
 them and the Cherokees with the approval of the 
 President. Such tribes were to be incorporated with 
 
The Cherokee Indians 85 
 
 the Cherokee nation or to have a district set apart for 
 them and to pay for it into the national fund. 
 Friendly Indians might also be settled west of 96 de- 
 grees with Cherokee consent. 
 
 The neutral lands were ceded to the United States ^* 
 in trust and also the strip ceded by article four of the 
 Treaty of New Echota, which is included in the State 
 of Kansas, and consent was given that such lands should 
 be included in the State. The lands were to be ap- 
 praised at not less than a dollar an acre by appraisers, 
 one to be appointed by the United States, one to be 
 selected by the Cherokees and if a third were needed 
 he should be selected by the other two. 
 
 The Secretary of the Interior was to sell tracts of 
 one hundred and sixty acres to the highest bidder, with 
 the proviso that nothing in the act should prevent him 
 from selling the whole of said lands not occupied by 
 actual settlers, at the date of the ratification of the 
 treaty, entitled to pre-emption rights under the laws 
 of the United States, in a body to any responsible 
 person for cash but not less than at one dollar an acre. 
 
 Whenever the Cherokee National Council requested 
 it the Secretary of the Interior was to have their coun- 
 try surveyed and allotted. A Cherokee agent was to 
 be allowed to examine the account of the nation with 
 the Government of the United States. Sums due were 
 to be invested by the Federal Government and the in- 
 terest to be paid semi-annually to the order of the 
 Cherokee nation for education and charity. The 
 United States guaranteed to the people of the Cherokee 
 nation the quiet and peaceable possession of their 
 country and protection against domestic feuds and in- 
 1* Article 17. 
 
86 The Cherokee Indians 
 
 surrections and against hostilities of other tribes and 
 against intruding citizens of the United States. The 
 United States might estabhsh a military post in the 
 Cherokee nation. All previous treaties in force not 
 inconsistent with this one were reaffirmed. 
 
 According to the provision of the Treaty of 1866, 
 the Federal Government endeavored to settle friendly 
 Indians on the land west of 96 degrees, but with no 
 great success. In 1872 ^^ arrangements were made 
 for appraising the lands, and four years later an appro- 
 priation being made for the purpose ^^ they were 
 appraised. On the ground that they were less valuable 
 because for the use of Indians, they were appraised at 
 about half their actual value. -^"^ This amount was later 
 raised by executive order to forty-seven and a fraction 
 cents per acre. Up to 1881, the Cherokees were anx- 
 ious to dispose of all this land at that price. But in 
 that year a change took place in the policy of the 
 Cherokees. They began at that time to rent the land 
 to cattle-men for grazing purposes and this was found 
 to be very profitable. Forthwith the Cherokees de- 
 manded a dollar and a quarter an acre. In 1886 the 
 Cherokee delegation in Washington filed notice to the 
 Secretary of the Interior that " all contracts made by 
 any authority representing the Cherokee nation for the 
 sale of any lands in the Outlet are repealed and void." ^^ 
 But if there had been a change in the Cherokee 
 point of view the General Government had also assumed 
 a new attitude and now advocated a new policy. The 
 
 18 U. S. Stat, at Large, vol. 17, p. 190. 
 le U. S. Stat, at Large, vol. 19, p. 120. 
 
 17 Cong. Doc. 210, No. 54. 
 
 18 Cong. Doc. 2888, No. 3768, p. 25. 
 
The Cherokee Indians 8T 
 
 second article of the Treaty of New Echota, it will 
 be recalled, promised the Indians a perpetual outlet 
 west to the territorial limits of the United States. 
 What was the nature of this grant ? When the Indians 
 evinced a different disposition in regard to these lands, 
 the Federal Government undertook to . convince itself 
 that the Cherokees had no real claim, but that the 
 grant of the Outlet, as it was called, was merely of 
 the nature of an easement or passage-right. How 
 much Congress was influenced by the increasing desire 
 to throw open these lands to homestead settlers does 
 not appear. It can be said, however, that as usual the 
 wording of the treaty was not such that " he who runs 
 may read." The Treaty of 1828 with the Western 
 Cherokees contained the first provision concerning an 
 outlet. It granted a " perpetual outlet west, and a free 
 and unmolested use of all country lying west of the 
 western boundary." In 1821 Mr. Calhoun, Secretary 
 of War, said in reference to this outlet ^^ that there was 
 " no right to soil . . . merely an outlet." Judge 
 Brewer was quoted by Secretary Noble ^^ as having said 
 in the Circuit Court that the Indians had only the ri^ht 
 of passage. But it is difficult to understand how this 
 opinion could prevail. In the " United States versus 
 Rogers " ^^ Judge Parker said that the title to the Out- 
 let was substantially the same as that by which the 
 Cherokees held other lands. But this opinion was cur- 
 sory, as the case was dismissed for lack of jurisdiction. 
 But Secretary Cass had said ^^ the " entire property 
 
 19 Cong. Doc. 9900, No. 63. 
 
 20 Consr. Doc. 2900, No. 63, p. 5 H »eq. 
 
 21 ?3 Federal Reports, p. 657. 
 
 22 Sen. Exec. Doc. HO, ?5th Cong., 2d Sess., p. 98. 
 
88 The Cherokee Indians 
 
 of this tract, six million acres, [i. e. the Outlet] for 
 their unconditional use." President Jaclcson had 
 spoken of their country as consisting of 13,800,000 
 acres. (March 16, 1835.) Only with the Outlet could 
 there be such an area. If the right to the Outlet were 
 only an easement the provision of the Treaty of New 
 Echota allowing other Indians to obtain salt from the 
 salt plain, would be inexplicable, as would also be the 
 permission which the United States deemed it necessary 
 to obtain to settle friendly Indians on the lands with 
 the added clause that the Cherokees should retain pos- 
 session and jurisdiction over the unsold lands. The 
 Cherokee " strip " was " ceded " by the Treaty of 
 1866. In " the Cherokee nation vs. the South Kansas 
 Railroad " ^3 the Court said " title to all lands of the 
 Cherokee nation was obtained by grant from the United 
 States. This title is a base, qualified and determinable 
 fee without right of reversion, but only possibility of 
 reversion in the United States." Congress cannot 
 grant right of way over Cherokee lands on the ground 
 that it holds the fee, but it must do so by the right of 
 eminent domain, the court said. In 1890 Oklahoma 
 was created as a territory. The Cherokees protested 
 against this as a violation of treaties. The sponsor 
 of the bill creating Oklahoma admitted this but said 
 it was impossible to avoid it.^'* But Oklahoma's exist- 
 ence no doubt increased the insistence of the demand 
 for opening the Outlet to settlers. As negotiations 
 with the Cherokees for it were fruitless, the House 
 Committee on Indian Affairs recommended this course, 
 professing a belief that the Indians had no claim ex- 
 
 23 135 U. S. Reports, p. 641. 
 
 24 Cong. Doc. 1409, No. 131, p. 3. 
 
The Cherokee Indians 89 
 
 cept that of easement.^" This was in the early part 
 of 1891. But the settlement of the question was to 
 be delayed a httle longer. Let it suffice for the pres- 
 ent to note the years during which it remained in dis- 
 pute. 
 
 As was proposed, the Cherokee " strip " ceded to the 
 United States in trust by the Treaty of 1866 was in- 
 cluded in Kansas upon the admission of that State.^* 
 The " strip " was a narrow strip stretching from the 
 Neosho River to the western limit of Cherokee terri- 
 tory. The neutral lands were sold to an emigrant 
 company ; supplementary articles attached to the 
 Treaty of 1866 provided for this. 
 
 Two other minor matters involving Cherokee right 
 to land and the imposition of the white man upon the 
 Indian belong to this period. Railroads were being 
 constructed and there was a disposition to confiscate 
 much land for their use. The Indians were decidedly 
 unfriendly to such schemes. The decision of the Su- 
 preme Court, already noted,^^ declared Congress had 
 no right to grant privileges to railroads as holding the 
 fee, but only upon right of eminent domain. The 
 other dispute was with the cattlemen of Kansas, who 
 had formed the profitable habit of using Cherokee land 
 as a way of transit for their cattle and, as they pro- 
 ceeded slowly, the cattle subsisting on the country, they 
 practically had use of the rich pasturage without pay- 
 ment therefor. The Indians, awakening to the swindle, 
 imposed a tax upon cattle thus passing through their 
 territories. At this the Kansans protested,^* but the 
 
 25 Cong. Doc. 288, No. 3584. 
 
 26 17 U. S. Stat, at Large, p. 98 27 See page 88. 
 28 Cong. Doc. 1409, No. 225. 
 
90 The Cherokee Indians 
 
 Indians were supported in Washin^on. At another 
 time (in 1886) the cattlemen attempted to bribe the 
 Cherokee National Council for a lease of their lands 
 for a fraction of their value.^^ 
 
 Another occurrence illustrates the unfortunate posi- 
 tion of the Indians. Congress imposed a tax on cer- 
 tain manufactured articles, but it was held by the 
 Indian Commissioner that this did not apply to articles 
 manufactured and sold exclusively within Indian Ter- 
 ritory. With no notice of a change of opinion the 
 Commissioner ordered the arrest of Boudinot, a Chero- 
 kee manufacturer of tobacco, and ordered the seiz- 
 ure of his factory. As the Secretary of the Interior 
 refused to refer to the Attorney-general for his opin- 
 ion. Congress was incHned to champion the side of 
 the Indian.^ ^ Eventually the case reached the Su- 
 preme Court, however, and their decision was against 
 Boudinot on the ground that an act of Congress 
 might supersede a prior treaty.^ ^ In this connection 
 there should be mentioned a most important legislative 
 enactment which was revolutionary in the method of 
 deahng with the Indians. By an act passed March 3, 
 1871, it was enacted that no Indian nation or tribe 
 should be acknowledged as an independent nation with 
 whom the United States might contract by treaty. 
 The proviso was added that this should not be con- 
 strued to invalidate former treaties.^^ But in the light 
 of the decision of the Supreme Court just cited 
 the proviso itself seemed invalidated. Again, in the 
 " United States versus Kagama," May 10, 1886 ^^ the 
 
 29 Cong. Doc. 2613, No. 136. 30 Cong. Doc. 1433, No. 79. 
 31 11 Wallace, p. 616. 32 u. S. Stat, at Large, 16, p. 566. 
 33 118 U. S. Reports, p. 375. 
 
The Cherokee Indians 91 
 
 Court declared the United States "has the right and 
 authority instead of controlHng them [the Indians] by 
 treaties to govern them by acts of Congress." Another 
 instance of unwarranted Federal interference occurred 
 in 1872. A Cherokee murdered a Cherokee woman, the 
 wife of a white man, who was, nevertheless, a Cherokee 
 citizen by adoption in virtue of his marriage to a 
 Cherokee. The murderer was arrested and was being 
 tried in the Indian courts when friends of the widower 
 applied to a United States Marshal for a writ. He 
 issued a writ, but the Cherokee sheriff refused to recog- 
 nize it. Thereupon a band of whites attempted to take 
 the prisoner by force and, not succeeding, shot him and 
 his counsel, killing the latter. Finally they were driven 
 off by the Cherokee sheriff and his assistants, who killed 
 several of the band.^^ 
 
 For some time after the Civil War there was con- 
 siderable doubt as to the status of the Indians in the 
 light of the fourteenth amendment to the Constitution, 
 This was settled by the Supreme Court, which de- 
 cided that the Indians were not made citizens by it.^^ 
 But not so easy of settlement was the practical problem 
 which the Cherokees had in common with the States of 
 the South. Before the war the Cherokees were slave- 
 holders. When the slaves were freed the question still 
 remained toward the attitude which the Indians would 
 assume as to their former slaves. No doubt the prob- 
 lem in the Cherokee country was in no way the moment- 
 ous question that it was and is in the South. But there 
 was a hkeness in the attitude assumed by the white men 
 
 34 Cong. Doc. 1520, No. 287. 
 
 35 112 U. S. Reports, p. 100, " Elk vs. Wilkins." 
 
9^ The Cherokee Indians 
 
 and that assumed bj the red men toward the blacks. 
 Despite the provisions of the Treaty of 1866 the In- 
 dians did not act toward their freedmen as the Fed- 
 eral Government intended. When an appropriation 
 of three hundred thousand dollars was made by Con- 
 gress in 1883 ^^ for the Indians in payment for lands 
 sold, the Cherokee authorities excluded Cherokee citizens 
 not of Cherokee blood from their share of it.^^ This 
 angered both President Cleveland and Congress. An 
 appropriation was then made especially for those pre- 
 viously excluded, and agents were appointed to learn 
 who were entitled to this last sum. But the Cherokees in 
 turn resented this proceeding, protested and threw all 
 possible obstacles in the way of the agents, who found 
 no difficulty in learning of the Shawnees and Delawares 
 who had become adopted Cherokees, but had a hard 
 time in finding out to what freedmen amounts were 
 due.38 
 
 In 1891 an agreement was reached between the 
 Cherokees and the Federal Government which disposed 
 of some of the greater questions at issue. It has al- 
 ready been noted ^^ that negotiations had been proceed- 
 ing for some time in regard to the Cherokee Outlet, but 
 that they seemed hopeless and Congress was on the 
 verge of acting without the consent of the Cherokees. 
 It was just at this time that an agreement was reached, 
 and was eventually ratified, which settled this foremost 
 question and incidentally several others. The impor- 
 tant parts of this agreement were (1) the cession of the 
 
 36 22 U. S. Stat, at Large, p. 624. 
 
 37 Cong. Doc. 2600, No. 844. 
 
 38 Cong. Doc. 2339, No. 82; 2600, No. 844. 
 
 39 See page 88. 
 
The Cherokee Indians 93 
 
 Outlet ^^ for eight hundred thousand dollars, (2) in- 
 truders were to be removed upon demand of the Prin- 
 cipal Chief, and all not citizens or employed by the 
 Cherokee nation or citizens or by the United States, and 
 all United States citizens not residents under treaties 
 or acts of Congress were to be deemed intruders; (3) 
 allowances for Cherokees who had made improvements 
 on ceded lands; (4) the United States was to render an 
 account of all moneys paid to the Cherokees, and the 
 latter could sue in the Court of Claims if they con- 
 sidered that their treatment was unjust/^ 
 
 The Treaty of 1846 had foreseen the possibility 
 that some of the Cherokees of North Carolina might 
 desired to reunite with the nation west. From time to 
 time detachments from these removed west. Provision 
 had been made^^ for just such a contingency, but 
 this money was diverted from that purpose to the gen- 
 eral objects of education and improvement. In the 
 spring of 1881 sixty-two Cherokees, urged by Federal 
 agents, left North Carolina, to rejoin their com- 
 rades in Indian Territory. They soon, however, be- 
 came destitute and suffered greatly on the way, as the 
 Government gave them no aid.^^ At various other 
 times small parties of North Carolina Cherokees re- 
 moved. An appropriation was made for the benefit of 
 these and others in that year.^* And in 1893 provision 
 
 40 The Outlet was bounded on the west by the 100th meridian; 
 north by Kansas; east by 96th meridian; south by Creek Nation, 
 Oklahoma, Cheyenne and Arapahoe reservations, in all over 800,- 
 000 acres. 
 
 41 Cong. Doc. 2900, No. 56, 27 U. S. Stat, at Large, p. 640. 
 
 42 9 U. S. Stat, at Large, p. 264. 
 
 43 Cong. Doc. 2028, No. 96. 
 
 44 Cong. Doc. 2303, No. 208. 
 
94 The Cherokee Indians 
 
 was made for such as had removed or might wish to 
 remove.*^ There was subsequent appropriation for 
 the same purpose/^ 
 
 The affairs of these Cherokees in the East became 
 somewhat involved. They were unfortunate in being 
 victimized by certain of their agents, and comphcated 
 law-suits involving the right to land resulted.^^ They 
 also laid claim to a share in all Cherokee lands west 
 and all funds and annuities. The Supreme Court ruled 
 that if the Indians of North Carolina desired to enjoy 
 the common property of the Cherokee nation they must 
 comply with the constitution and laws of the Cherokee 
 nation and be admitted as citizens thereof; and that 
 they were not entitled to a share of the annuity fund 
 or the fund created by the sale of lands.** There was 
 also a claim against the United States because of a 
 mistake in computation at the time of the great re- 
 moval in 1835.*' 
 
 It will be remembered that the Old Settlers accepted 
 the Treaty of 1846 with a protest. Their first claim 
 against the Government was the old one which they had 
 never dropped, that they were sole owners of the coun- 
 try. Attention has already been called to the fact that 
 a mistake was made in computing the number remov- 
 ing west, and, therefore, a corresponding mistake in 
 the appropriations. But this was a minor considera- 
 tion. The treaty fund, by subsequent legislation, had 
 
 45 27 U. S. Stat, at Large, p. 630. 
 
 46 30 U. S. Stat, at Large, p. 1247. 
 
 47 Cong. Doc. 1648, No. 169. 
 
 48 117 U. S. Reports, p. 288. 
 
 49 A full discussion of the claims, etc., of the Cherokees of 
 North Carolina is not possible because they have not yet been 
 settled, but are still pending before the courts. 
 
The Cherokee Indians 95 
 
 been relieved of the charges for one year's subsistence, 
 at least so far as the Eastern Cherokees were con- 
 cerned. Now the question arose: Was the treaty fund 
 thereby also relieved of like charges in regard to the 
 Old Settlers, or were the costs of removal and subsist- 
 ence proper charges against their funds as stipulated 
 in article four of the Treaty of 1846? '' The Old 
 Settlers claimed that the relief given to the Cherokees 
 under the legislation mentioned inured to them as well, 
 and that therefore the accounting officers of the Gov- 
 ernment were in error in charging it against them, ac- 
 cording to the rule of article four of the Treaty of 
 1846.^^ This question, naturally, was referred to Con- 
 gressional committees, with the result of discussions 
 which ended about where they began, concerning the 
 meaning of the eighth and fifteenth articles of that 
 marvelously-wrought document — ^the Treaty of New 
 Echota/" Eventually the matter was referred to the 
 Court of Claims, and that Court assumed that judi- 
 cially admirable, but occasionally inscrutable and 
 slightly exasperating attitude so frequently assumed by 
 courts, and declined to answer any further than was de- 
 manded by the exigencies of the case as presented. Its 
 oracular decision was practically embodied in two tables. 
 The first table showed the amount due the Old Settlers 
 if the costs of removal and subsistence were not properly 
 chargeable to them. The second table showed the 
 amount due the Old Settlers if the costs of removal and 
 subsistence ^ere properly chargeable to them. But as 
 to the absorbing question whether or not these amounts 
 were rightly chargeable to the Old Settlers the Court 
 
 50 See page 72. si Cong. Doc. 2329, No. 2651. 
 
 52 See pages 38 et seq. 
 
96 The Cherokee Indians 
 
 looked wise as the Sphinx but declined to commit 
 itself.'" 
 
 The final settlement was made by the Supreme Court 
 upon appeal from the Court of Claims, in 1892.^* The 
 petition of the Old Settlers, as stated by the Supreme 
 Court, was (1) that they be not held by the Treaty of 
 1846, as it was made under duress and that they be 
 awarded the value of their lands which they claimed as 
 sole owners. (2) If this be denied, they prayed for: 
 
 ,756.94 under Article four, Treaty of 1846, 
 9,179. 16| under provisions of Treaty of 1828, 
 30,000.00 for property destroyed, etc. 
 
 $369,936.10^ 
 
 The Supreme Court decided in regard to (1) that the 
 Treaty of 1846 put to rest the contention as to owner- 
 ship of land. In regard to (2) the Court entered into 
 a thorough discussion of the claims of the Indians and 
 a complete review of the various awards of the Court 
 of Claims. 
 
 The petitioners claimed that no deduction should 
 have been made for subsistence, and that the sum 
 allowed for removal should be limited to 2,200 Indians 
 at $20 per head; they insisted on the $30,000 for 
 property destroyed, while they abandoned their claim 
 for $9,179.1 6i as the value of the Arkansas agency, 
 land, and improvements, and conceded that the sum of 
 $4,179.26, therefor, as found by the court below, 
 might be accepted as correct. The Court of Claims 
 disallowed the item of $30,000 and charged for the re- 
 moval of 16,957 Cherokees at $20 each, and an item 
 53 Cong. Doc. 2456, No. 1680. 54 149 U. S. Reports, p. 427. 
 
The Cherokee Indians 97 
 
 for the expenses of the Cherokee committee of $2,- 
 212.76. 
 
 The Supreme Court concurred in the rejection of the 
 $30,000 (a claim which had its origin in the alleged 
 compulsion of certain Western Cherokees to leave their 
 homes and seek refuge in the States). 
 
 Article eight of the Treaty of 1846 placed the 
 amount at $20 each for removal and $33.33 for sub- 
 sistence. The Court of Claims rightly decided the 
 number to be 2,200 — the number obtained with all pos- 
 sible accuracy — plus 14,737 East Cherokees at $20 
 each. The Senate decided that the United States ought 
 to bear the charge of subsistence, and voted $189,- 
 422.76, being the difference between the amount allowed 
 June 12, 1838, and that actually expended, and this 
 excess was improperly charged to the treaty fund. 
 Therefore the Court of Claims correctly deducted 
 $339,140 for the removal of the whole number of 
 Cherokees at $20 each, and dechned to deduct any 
 charge for subsistence. 
 
 The Court of Claims properly rejected the $18,- 
 062.06 (national debt), and the $61,073.49 (claims of 
 United States citizens), but held the $22,212.76 (for 
 committee to carry treaty into effect) to be properly 
 chargeable under article twelve. Treaty of 1835. But 
 the Supreme Court was persuaded that this was not cor- 
 rect. Article ten of the Treaty of 1835 said that the 
 United States was to pay the just debts of the Chero- 
 kee nation held by citizens of the same, and also just 
 claims of United States citizens for services rendered, 
 and fixed $60,000 as the amount for those purposes. 
 The debts and claims of article fifteen of the Treaty 
 
98 The Cherokee Indians 
 
 of 1835 to be deducted under article four, Treaty of 
 1846, should be confined, the Supreme Court believed, 
 to the $60,000, and that was justly chargeable 
 against the fund, but the Court was not satisfied that 
 the $22,212.76 should be charged in addition. 
 
 The total amount due the Old Settlers, according to 
 this decision, was $212,376.94 with interest from June 
 12, 1838. 
 
 STATEMENT: 
 
 Treaty fund $5,600,000.00 
 
 Less — 
 For 800 A. of land $ 500,000.00 
 
 " General fund 500,000.00 
 
 " Improvements 1,540,572.27 
 
 " Ferries 159,572.12 
 
 " Spoliations 264,894.09 
 
 " Debts, etc 60,000.00 
 
 " Removal 16,957 Cherokees at 
 
 $20 each 339,140.00 3,364,178.48 
 
 Residum to be divided $2,235,821 . 52 
 
 One-third due Western Cherokees $ 745,273.84 
 
 Less payment of Sept. ^Q, 1851 532,896 . 90 
 
 Balance $ 212,376.94 
 
 And recovery should also include $4,179.26 for Arkan- 
 sas agency, but no interest should be allowed on this. 
 In 1894 an appropriation was made for the Old Set- 
 tlers in accordance with the judgment rendered,^*^ and 
 this matter was settled at last.*^^ 
 
 55 28 U. S. Stat, at Large, p. 451. 
 
 58 This case illustrates the complicated condition of Indian 
 affairs arising from treaties of the Federal Go-ernment's own 
 making. 
 
CHAPTER VIII 
 
 THE END OF THE CHAPTER 
 
 WITH the growth of the country and the distribu- 
 tion of population by which the West lost its 
 character as a sparsely settled wilderness, the relation 
 of the Indian tribes to the United States necessarily 
 changed. White men were everywhere and, as ever, 
 looking with hungry eyes at the Indians' possessions. 
 The change of the Congressional attitude is shown by 
 the various legislative enactments and debates of the 
 period subsequent to the Civil War. As the years went 
 by, it became increasingly evident that some definite 
 Indian policy must be decided upon and consistently 
 pursued. The trend of the Governmental mind had long 
 been toward greater Federal control of Indian affairs. 
 In 1887 a law had been passed extending the jurisdic- 
 tion of United States courts over the Indians, but the 
 Cherokees, among others, had been expressly excepted 
 from its provisions.^ But it was clear that they could 
 not escape. In 1892 a committee in the Senate re- 
 ported : " The anomalous condition of five separate, in- 
 dependent Indian governments within the government 
 of the United States must soon, in the nature of things, 
 ceaseo" and announced, " the purpose of the Govern- 
 ment now is to make them (i. e., the Indians) citizens." ^ 
 
 1 94 U. S. Stat, at Large, p. 391. 
 
 2 Cong. Doc. 2915, No. 1079, p. 7. 
 
100 The Cherokee Indians 
 
 In his annual message,^ December 7, 1896, President 
 Cleveland said it is " almost indispensable that there 
 should be an entire change in the relations of these 
 Indians (i. e., the Five Civilized Tribes) to the Gen- 
 eral Government." Several years previous (March, 
 1893), a commission had been appointed to negotiate 
 with these Indians and obtain the extinguishing of their 
 title to tribal lands, the allotment of lands in severalty 
 and the abolition of their courts/ This formed the 
 nucleus of the commission known so widely as the 
 Dawes Commission, which undertook to settle finally 
 the relations which the Indian nations w^ere to bear 
 toward the Federal Government. 
 
 The following years were years prolific of important 
 measures relating to the Indians. One of the laws 
 passed was an act giving United States courts in Indian 
 Territory exclusive civil and criminal jurisdiction, and 
 also enacting that all acts of any of the councils of the 
 Five Civilized Tribes must be submitted to the Presi- 
 dent of the United States, and they were to be of no ef- 
 fect if disapproved by him, or, if not disapproved, they 
 were to be ineffective until the expiration of thirty days. 
 These provisions were to be enforced on and after Jan- 
 uary 1, 1898.^ The year of 1898 was the year of the 
 famous Curtis Act.® By it the jurisdiction of United 
 States courts was to be enlarged and extended so as 
 to include all causes of action, irrespective of the parties 
 
 3 " Messages and Papers of the Presidents," Richardson, vol. 9, 
 p. 735. 
 
 4 27 U. S. Stat, at Large, p. 645. 
 
 5 30 U. S. Stat, at Large, p. 83. 
 
 6 30 U. S. Stat, at Large, p. 475. 
 
The Cherokee Indians 101 
 
 involved, and so as to give those courts jurisdiction to 
 try certain suits by or against the several tribes. It 
 made the enrollment of the Dawes Commission as to 
 citizenship in the nations final. It provided for the 
 allotment of lands in severalty by the Dawes Commis- 
 sion so far as the use and occupancy of land were con- 
 cerned, reserving to the tribes all minerals and the 
 leasing by the Secretary of the Interior of mineral lands 
 under regulations to be prescribed by him. It provided 
 for the surveying and laying out of town sites ; for the 
 payment of rents and royalties due the tribes into the 
 United States treasury to the credit of the tribes, but 
 prohibiting the collection of the same by any individ- 
 ual of the tribe, permitting, however, the leasing by 
 individuals of their allotments excepting as to minerals. 
 Prohibiting the payment of any moneys to the tribal 
 governments, it provided that the United States disburs- 
 ing agents were to pay all sums to the members of the 
 tribes. It provided for the termination of leases of 
 lands for grazing purposes by January 1, 1900. One 
 hundred and fifty-seven thousand acres in the Chero- 
 kee nation were to be set apart for the Delawares, sub- 
 ject to adjudication by the Court of Claims and the 
 Supreme Court of the rights of the Delawares. The 
 enforcement of the laws of the various tribes by the 
 United States courts in Indian Territory was pro- 
 hibited, and all tribal courts in the territory were to be 
 abolished. 
 
 The Indian Appropriation Act of March 3, 1901,^ 
 provided, " no act of the Creek or Cherokee tribes shall 
 be of any validity until approved by the President of 
 the United States." 
 
 7 31 U. S. Stat, at Large, p. 1077. 
 
102 The Cherokee Indians 
 
 From the first the Cherokees had looked with great 
 suspicion on the Dawes Commission and had been ex- 
 ceedingly reluctant to surrender any of their privileges. 
 The surrounding Indian nations showed little disinclin- 
 ation to enter upon negotiations and the Cherokees saw 
 that they were standing alone. Furthermore, such acts 
 as the Curtis Act were coercive,^ and the Cherokees 
 realized that they could choose between making an 
 agreement and having distasteful laws placed over them 
 without so much as consultation with them. In the 
 winter of 1897 they had, to be sure, written to Wash- 
 ington to correct the impression that they were unwill- 
 ing to negotiate with the Dawes Commission,® but in the 
 following April they protested against the bill abolish- 
 ing Cherokee courts, denying the allegation ^° that they 
 were corrupt, and asserting that the bill was in direct 
 conflict with the Treaty of 1866. They said the peo- 
 ple were greatly concerned and were debating whether 
 or not to make further agreements with a government 
 that had failed to keep past ones.^^ 
 
 Circumstances practically compelled them to enter 
 into negotiations. Agreements were made in 1899 and 
 in 1900, but were not ratified by Congress, and so were 
 superseded by an agreement more satisfactory to Con- 
 gress in 1902.^^ This agreement which originated with 
 Congress was ratified by the Cherokee people, August 
 7, 1902. 
 
 8 The purpose of the Curtis Act was to do by law what could 
 not be done by agreement. 
 
 9 Cong. Doc. 3470, No. 112. 
 
 10 The Indian Peace Commission considered territorial or state 
 government very desirable for them. 
 
 11 Cong. Doc. 3559, No. 24. 
 
 12 Dept. of Interior Reports for 1902, Part 2, p. 31. 
 
The Cherokee Indians 103 
 
 Lands were to be appraised at their true value by the 
 Dawes Commission. Allotments were to be made of one 
 hundred and ten acres to every Cherokee citizen, forty 
 of the one hundred and ten as a homestead inalienable 
 during the life of the allottee, not exceeding twenty- 
 one years, and non-taxable. All other allotted lands 
 were to be alienable in five years. Lands were to be re- 
 served for town-sites, railroads, cemeteries, schools, 
 asylums, and certain public buildings. 
 
 No white intermarried with a Cherokee since Decem- 
 ber, 1895, should be entitled to enrollment, or should 
 participate in the distribution of tribal funds. 
 
 The Cherokee school fund was to be used under the 
 direction of the Secretary of the Interior for the edu- 
 cation of Cherokee children. All moneys for the carry- 
 ing on of schools should be appropriated by the 
 Cherokee National Council, but if it failed to make an 
 appropriation, the Secretary of the Interior could 
 direct the use of funds necessary. The orphan fund 
 should be used under the direction of the Secretary of 
 the Interior. 
 
 Town sites were provided for. Any Cherokee possess- 
 ing a lot with improvements, at the time of its segrega- 
 tion as part of a town site, should have the right to buy 
 it according to the provisions of the Curtis Act, or, if 
 he elected, the lot should be sold, but he should be com- 
 pensated for his improvements. The owner of town- 
 site lots with occupancy gained under the town-site 
 acts of the Cherokees, could buy, if he had improve- 
 ments, at one- fourth the appraised value; if no 
 improvements, at one-half the appraised value; if a 
 rightful possessor, but not under Cherokee town-site 
 
104 The Cherokee Indians 
 
 law, he could purchase for one-third, but full value 
 must be paid if the town should be under two hundred 
 in population, or one that was to be laid out. Other 
 lots should be sold at auction, the United States to pay 
 all expenses incidental to platting, surveying, and dis- 
 position of town lots. The United States might pur- 
 chase lots for jails, court houses, or for other public 
 purposes. 
 
 The tribal government of the Cherokee nation was 
 not to continue after March 4, 1906. 
 
 The collection of all revenue belonging to the tribe 
 was to be done by an officer appointed by the Secretary 
 of the Interior. All funds of the tribe were to be paid 
 out under the direction of the Secretary of the In- 
 terior. Per capita payments were to be made by a 
 United States officer directl3^ This also was to be under 
 the Secretary of the Interior's direction. 
 
 Jurisdiction was given to the Court of Claims, with 
 right of appeal to the Supreme Court, in any claim of 
 the Cherokee tribe or band thereof against the United 
 States arising under treaty stipulations upon which 
 suit should be instituted within two years, and also in 
 any claim of the United States against the Cher- 
 okees. 
 
 Cherokee citizens might rent allotments for a term 
 not exceeding one year for grazing purposes, and for a 
 term not exceeding five years for agriculture. Leases 
 for longer periods and leases for mineral purposes might 
 be made with the approval of the Secretary of the 
 Interior. 
 
 The Curtis Act was not to apply, except sections 14 
 
The Cherokee Indians 105 
 
 and ^7,^^ to lands or other property of the Cherokees, 
 and no other act or treaty provision inconsistent with 
 the agreement was to apply. 
 
 In the appraisments made according to this agree- 
 ment consideration w^as not to be given to the location 
 of a lot nor " to any timber thereon or to any mineral 
 deposits contained therein." The allotments were to be 
 of average land, i. e., land equal in value to one hundred 
 and ten acres of average allottable land. The Dawes 
 Commission was also engaged in enrolling Cherokee citi- 
 zens — a difficult task rendered more difficult before the 
 agreement by the opposition of the Cherokee full- 
 bloods. 
 
 In 1902 an appropriation was made for the removal 
 of intruders on Indian land with the proviso that lawful 
 possessors of town-sites should not be removed.^^ This 
 appropriation act was passed only after a chapter of 
 wrongs had been enacted. The agreement of 1891 pro- 
 vided for the removal of intruders upon demand of the 
 Principal Chief. In 1886 the Cherokee agent warned 
 intruders of their risk in settling upon Indian land. 
 Some had made improvements ; some had been received 
 or desired to be received into Cherokee citizenship.^^ It 
 was finally decided that the Cherokee nation should 
 determine the status of these intruders. In 1888, Sep- 
 tember, the intruders were given six months to remove, 
 but the Cherokees would not buy their improvements, 
 
 13 Section 14 provided that towns of over two hundred might 
 be incorporated. 
 
 Section 27 authorized the Secretary of the Interior to appoint 
 one Indian inspector. 
 
 14 32 U. S. Stat, at Large, Part 1, p. 259. 
 
 15 Cong. Doc. 2915, No. 1079, and Report of Ind. Comm. for 
 1896, p. 176. 
 
106 The Cherokee Indians 
 
 as they hoped to get them for nothing at the expiration 
 of the six months. Therefore, for the intruders' sakes 
 the time for removal was extended indefinitely. In 1896 
 the agent reported that in the eight years in which he 
 had been in office he had not been informed of one in- 
 truder who had sold his improvements or removed from 
 the nation. 
 
 Upon the announcement of the agreement made with 
 the Dawes Commission, it was said by the Indian Com- 
 missioner that there was no need of any further agree- 
 ments with any of the five nations. ^^ 
 
 So, at last the great question is settled. Soon the 
 Cherokee nation will be no more.-*^^ The years of 
 struggle and strife are over, and the Cherokee must 
 seek his destiny as a member of the great nation that 
 has virtually swallowed the red man. He will start with 
 an advantage. He will be the o\^Tier of his lot of land 
 and will be guarded in the possession of it for some 
 years to come. But a little lot of ground! That is 
 the apportionment of the Cherokee who when our father 
 reached American shores was, in common with his red 
 brethren, in possession of that magnificent eastern land 
 equal in extent to several States and unsurpassed in 
 beauty and in value. 
 
 The chapter is almost concluded. Congress has 
 passed a bill looking toward the creation of the State 
 of Oklahoma, which is to consist of the territory of that 
 name joined to Indian Territory. A constitution has 
 been adopted by the quasi-State and if it meets with the 
 
 16 Sec. of Interior Report, 1902, Ind. AfF., Part I, p. 122. 
 
 17 The time for the dissolution of the tribal government has 
 been postopend indefinitely. 34 U. S. Stat, at Large, p. 137. 
 
The Cherokee Indians 10*7 
 
 approval of the Government we shall soon add another 
 star to the flag. When the Cherokees become citizens 
 of the State of Oklahoma the conclusion will have been 
 reached. A new chapter — a new book will begin in 
 Cherokee history. May it be that the white man shall 
 then speak " Peace ! " to the Cherokee. 
 
CHAPTER IX 
 
 CONCLUDING OBSERVATIONS 
 
 WITHOUT attempting to deduce principles from 
 the preceding chapters, a few remarks may be 
 made in concluding. 
 
 It is evident that the wrongs done the Indians have 
 been quite as much the result of knowing injustice as 
 of blunders. In his controversy with Schermerhorn ^ 
 Major Davis said that if the^ correspondence with 
 Schermerhorn ever reaches light, r any American citizen 
 who reads it will blush for his o ajim trv." Surely any 
 American citizen who reads a chapter in the story of 
 Indian wrongs should blush for his country. The truth 
 is that whether it is the case of Georgia's oppression or 
 the case of intruders unremoved because of politics, the 
 white man has coveted the Indians' possessions and has 
 taken them. The history of the Government's rela- 
 tions with the Indians has been one of treaties violated, 
 of promises broken, and of partisan prejudice where 
 there should have been judicial fairness. One of the 
 black pages in American history is the one that relates 
 the connivance of the President of the United States 
 with a State Gof^ment to disregard the decision of 
 the Supreme Court\and perpetrate a gross injustice 
 upon the Indians. 
 
 The sponsor of aj( Indian bill a few years ago ^ ad- 
 
 1 See page 35. 
 
 2 A bill for the fon^ation of the territory of Oklahoma. Cong. 
 Doc. 1409, No. 131, t/s. 
 
The Cherokee Indians 109 
 
 mitted that it was " found impossible to make a bill ac- 
 cording in every respect with all treaties." This was 
 no doubt true, but it reminds us of two facts: (1) 
 The Government made treaties inconsistent with each 
 other, with various Indian tribes; (2) the Government's 
 Indian policy was too often based upon expediency, 
 not principle. " Anything and everything to ac- 
 complish the immediate end " seemed the motto. Hence 
 promises were readily given which anyone with ordinary 
 foresight could see it would probably be impossible to 
 keep. 
 
 Since the Civil War politics has not been as potent 
 a factor in determining Indian appointments, but dur- 
 ing the past year the papers and magazines have told 
 of the defrauding of Indians in the Far West of their 
 lands. 
 
 The logic of events and the progress of civilization 
 have doubtless demanded that this country, which at 
 first treated the Indians as independent nations with 
 whom treaties might be made, should now treat them as 
 wards and expect soon to render them citizens. But 
 what crimes have been committed in the name of civiliza- 
 tion! When it is realized that the dominance of the 
 highly civilized nations means primarily responsibility, 
 and that the ends of true civilization are never pro- 
 moted, but are retarded by lying and stealing, even 
 though these crimes may be the means of a speedy in- 
 crease of power in the hands of the superior race — 
 when it is realized that truth and justice are the mar- 
 row of civilization, and, therefore, cannot be sacrificed 
 even temporarily, then the superior peoples and the in- 
 ferior races and civilization itself will be the gainers. 
 
APPENDIX 
 
 IT will be recalled that there was embodied in the agree- 
 ment according to the terms of which the Cherokee 
 Outlet was sold to the United States, a clause which 
 provided that an account of the financial dealings of 
 the Federal Government with the Cherokees was to be 
 rendered to the latter. Upon the rendering of such an 
 account — if in their opinion they had been treated un- 
 justly — the Cherokees were given the right of appeal 
 to the Court of Claims, providing action were begun 
 before the expiration of a year. In accordance with 
 this clause Messrs. Slade and Bender, expert account- 
 ants, were appointed to examine all accounts. After 
 a thorough examination they rendered a report of their 
 conclusions. This report allowed several claims of 
 trifling amounts and disallowed several; but found a 
 balance of $1,111,284.70 due for the cost of removal 
 in the migration just subsequent to the Treaty of New 
 Echota, and allowed interest on this sum from June 12, 
 1838. This account was sent by the Secretary of the 
 Interior to the Cherokee nation and accepted by it and 
 a copy was also sent by him to Congress, together with 
 information of its acceptance by the Cherokees, but 
 no appropriation was made. This was in 1895. It 
 was not, however, until 1902 that Congress passed a 
 statute giving the Court of Claims authority to pass 
 upon the report of the accountants, and on March 20, 
 1905, a decision was reached by the Court. 
 
lis Appendix 
 
 Owing to the fact that the report of the accountants 
 had taken the form of an award, it was considered by 
 many to have such validity. The Court found, how- 
 ever, that it was an account simply and had none of 
 the elements of an award or an account stated. Never- 
 theless, the scope of the accounting was as broad as 
 that part of the agreement allowing suit to be brought 
 by the Indians for any alleged " amount of money 
 promised but withheld by the United States from the 
 Cherokee Nation under any of said treaties or laws," 
 improperly adjusted in the accounting. Therefore all 
 their claims were to be reopened de novo, and this meant 
 that the court or the accountants were to go behind 
 treaty and statutory laws, receipts in full and settle- 
 ments ; for otherwise the case had already been decided 
 against the Indians. It had been adjudged^ according 
 to the letter of the law that the cost of removal must 
 be borne by the Cherokees. The Cherokees always 
 claimed that this should not have been charged to them. 
 And as part of the price for the Outlet they demanded 
 that all such matters (including this) should be re- 
 opened. Thus the court decided that the action before 
 it was one to recover purchase money on a contract 
 of sale. The accounting was the means to an immediate 
 payment to which the Indians were entitled. Inasmuch 
 as the Secretary of the Interior, acting officially, sent 
 the account to the Cherokees, and, inasmuch as upon 
 their acceptance of it, no other was rendered and Con- 
 gress did not act and the twelve months in which suit 
 might be brought elapsed, the Court considered the ac- 
 counting as final. 
 
 The Court also found that, since the ownership of 
 1 27 Court of Claims, 1, p. 44. 
 
Appendix 113 
 
 land was communal, the $1,111,284.70 should be dis- 
 tributed per capita to all Cherokees, whether east or 
 west of the Mississippi, believing all to be on the same 
 footing in regard to such a fund. 
 
 STATEMENT: 
 
 Value of these tracts of land, 1700 A. at $1.25 
 
 per A $ 2,125.00 
 
 Amt. paid for removal of Eastern Cherokees 1,111,284.70 
 
 Amt. received by receiver of public monej'^s at 
 
 Independence, Kans 432.28 
 
 Interest on $15,000 of Choctaw funds, applied in 1863 
 
 to relief of indigent Cherokees 20,406.25 
 
 The first item with interest from Feb. 27, 1819, the 
 
 Court ordered to be credited to the school fund ; the 
 
 second with interest from July 12, 1838, divided per 
 
 capita; the third with interest from Jan. 1, 1874, to be 
 
 paid to the treasurer of the Cherokee nation ; the fourth 
 
 with interest from July 1, 1893, to be placed in the 
 
 Cherokee national fund.^ 
 
 2 This decision with a slight modification for the sake of clear- 
 ness has since been affirmed by the Supreme Court. 
 
BIBLIOGRAPHY 
 
 Richardson — Messages and Papers of the Presidents, 1789-1897, 
 Vol. 9. 
 
 Bancroft — History of United States. 
 
 Doyle — The American Colonies. 
 
 FiSKE — Beginnings of New England. 
 
 Von Holst — Constitutional History of United States, Vol. 1. 
 
 Walker — The Indian Question. 
 
 HiNTON — The Indian Territory — Its Status, Development and 
 Future (American Monthly Review of Reviews, vol. 23, p. 
 451 et seq. 
 
 Allotment of Lands. (Boston Post, April 6, 1887). 
 
 Greeley — The American Conflict. (Vol. 1.) 
 
 Fifth Annual Report, Bureau of Ethnology. 
 
 Confidential letter of P. M. Butler to T. Hartley Crawford, 
 Indian Commissioner, March 4, 1842. (On file in Indian 
 Office, Washington, D. C.) 
 
 NiLEs' Register, Nos. 36, 37, 39, 40, 41, 42. 
 
 Reports of Indian Commissioner: 1860, 1861, 1862, 1863, 1864, 
 1865, 1866, 1867, 1868, 1869, 1870, 1871, 1872, 1873, 1874, 1875, 
 1876, 1877, 1878, 1879, 1880, 1881, 1882, 1883, 1884, 1885, 1886, 
 1887, 1888, 1889, 1890, 1891, 1892, 1893, 1894, 1895, 1896, 1897, 
 1898, 1899, 1900, 1901, 1902. 
 
 Congressional Globe: 23d Congress, 1st and 2d Sessions; 24th 
 Congress, 2d Session; 25th Congress, 2d and 3d Sessions; 26th 
 Congress, 1st and 2d Sessions; 27th Congress, 1st and 3d Ses- 
 sions; 28th Congress, 1st Session; 30th Congress, 2d Session; 
 31st Congress, 1st and 2d Sessions; 32d Congress, 2d Session; 
 33d Congress, 2d Session; 34th Congress, 1st and 2d Sessions; 
 39th Congress, 2d Session; 40th Congress, 2d and 3d Session; 
 Debates in Congress, 1829-30; 1830-31; 1831-32; Congressional 
 Record, 52d Congress, 2d Session; 53d Congress, 3d Session. 
 
 American State Papers, Vol. 16; Indian Affairs, Vol. 1 and 2. 
 
 Congressional Documents, serial Nos.: 27, 64, 86, 102, 114, 115, 
 122, 133, 165, 171, 173, 184, 186, 187, 201, 208, 217, 268, 273, 
 283, 292, 311, 318, 325, 328, 329, 330, 340, 342, 348, 359 365, 
 366, 368, 404, 411, 420, 425, 428, 429, 433, 434, 443, 446, 451, 
 
116 Bibliography 
 
 457, 474, 476, 477, 483, 485, 490, 493, 495, 511, 521, 523, 526, 
 529, 531, 544, 547, 554, 565, 576, 618, 652, 658, 673, 690, 710, 
 723, 743, 751, 783, 859, 914, 965, 1070, 1232, 1337, 1339, 1360, 
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 1648, 1655, 1790, 1822, 1823, 1833, 1861, 1898, 1991, 2006, 2028, 
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 U. S. Statutes at Large: 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 
 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32. (Parts 1 and 2). 
 
 Supreme Court Reports: Cherokee Nation vs. Georgia, 5 Peters, 
 p. 1; "Worcester vs. Georgia, 6 Peters, p. 516; Cherokee To- 
 bacco Case, 11 Wallace, p. 216; Holden vs. Joy, 17 Wallace, 
 p. 211; United States vs. Rogers, 4 Howard, p. 567; Elks 
 vs. Williams, 112 U. S. Reports, p. 100; 117 U. S. Reports, 
 p. 288; U. S. vs. Kagama, 118, U. S. Reports, p. 375, Cherokee 
 Nation vs. South Kansas R. R., 135 U. S. Reports, p. 641; 
 148 U. S. Reports; 20 Court of Claims, p. 449; 27 Court of 
 Claims, p. 1. 
 
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