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 Cherokee Indians, Jfeuiorial of John Ross, & 
 lers, coiaplaining of injuries done them, & praying 
 ? redress. 31p., caption title. 23d Cong., 1st sess., 
 1. Doc. 386. 1834 y ^ -8 , 5 9- 
 
Digitized by the Internet Archive 
 
 in 2011 with funding from 
 
 University of North Carolina at Chapel Hil 
 
 http://www.archive.org/details/memorialofjohnroOOcher 
 
23d Congress, r 335 I 
 
 1st Session. "■ 
 
 MEMORIAL 
 
 JOHN ROSS, AND OTHERS, 
 
 Delegates from the Cherokee Indians, complaining of injuries done 
 them, and praying for redress. 
 
 May 20, 1834. 
 
 Referred to the Committee on Indian Affairs, and ordered to be printed. 
 
 To the honorable the Senate and House of Representatives of the United 
 Stales in Congress assembled : 
 
 The memorial of the Cherokee nation, by their delegates duly appointed for 
 that purpose, to wit, John Ross, principal chief of the nation, Richard 
 Taylor, Daniel McCoy, Hair Conrad, and John Timson, 
 
 Respectfully showeth : 
 
 That they approach your honorable bodies as the representatives of the 
 people of the United States, entrusted by them, under the constitution, with 
 the exercise of their sovereign power, to ask for protection of the rights of 
 your memorialists, and redress of their grievances. They respectfully re- 
 present that their rights, being stipulated by numerous solemn treaties 
 which guarantied to them protection, and guarded, as they supposed, by 
 laws enacted by Congress, they had hoped that the approach of danger 
 would be prevented by the interposition of the. power of the Executive 
 charged with the execution of treaties and laws; and that when their rights 
 should come in question, they would be finally and authoritatively decided 
 by the judiciary, whose decrees it would be the duty of the Executive to 
 see carried into effect. For many years, these their just hopes were not 
 disappointed. The public faith of the United States, solemnly pledged to 
 them, was duly kept in form and substance. Happy under the paren- 
 tal guardianship of the United States, they applied themselves assiduously 
 and successfully to learn the lessons of civilization and peace, which, in the 
 prosecution of a humane and Christian policy, the United States caused to be 
 taught to them. Of the advances they have made under the influence of 
 this benevolent system, they might a few years ago have been tempted to 
 speak with pride and satisfaction, and with grateful hearts to those who have 
 been their instructors. They could have pointed with pleasure to the 
 houses they had built, the improvements they had made, the fields they 
 were cultivating; they could have exhibited their domestic establishments, 
 
[ 386 ] 2 
 
 and shown how, from wandering in the forests, many of them had become 
 the heads* of families, with fixed habitations, each the centre of a domestic 
 circle like that which forms the happiness of civilized man. They could 
 have shown, too, how, with the arts of industry, human knowledge and let- 
 ters had been introduced amongst them, and how the highest of all the 
 knowledge had come to bless them, teaching them to know and to worship 
 the Christian's God, bowing down to him at the same seasons, and in the 
 same spirit with the millions of his creatures who inhabit Christendom, and 
 with them embracing the hopes and promises of the gospel. But now, each 
 of these blessings has been made to them an instrument of the keenest tor- 
 ture. Cupidity has fastened its eye upon their lands and their homes, and 
 is seeking by force, and by every variety of oppression and wrong, to expel 
 them from their lands and their homes, and to tear them from all that has 
 become endeared to them. Of what they have already suffered, it is impossi- 
 ble for them to give the details, as they would make a history. Of what 
 they are menaced with by unlawful power, every citizen of the United 
 States who reads the public journals is aware. 
 
 In this their distress they have appealed to the judiciary of the United 
 States where there rights have been solemnly established. They have ap- 
 pealed to the Executive of the United States to protect these rights accord- 1 
 ing to the obligations of treaties, and the injunctions of the laws. But this 
 appeal to the Executive has been made in vain. In the hope that, by yield- 
 ing something of their clear rights, they might succeed in obtaining security 
 for the remainder, they have lately opened a correspondence with the Ex- 
 ecutive, offering to make a considerable cession from what had been reserv- 
 ed to them by solemn treaties, only upon condition that they might be pro- 
 tected in the part not ceded. Of this correspondence, a copy is respectful- 
 ly annexed as part of their memorial. But their earnest supplication has 
 been unheeded, and the only answer they can get informs them, in sub- 
 stance, that they must be left to their fate, or renounce the whole. What 
 that fate is to be, unhappily is too plain. 
 
 The State of Georgia has assumed the jurisdiction over them, has invaded 
 their territory, has claimed the right to dispose of their lands, and has ac- 
 tually proceeded to dispose of them, reserving only a small portion to indi- 
 viduals, and even these portions are threatened, and will no doubt soon be 
 taken from them. Thus the nation is stripped of its territory, and indivi- 
 duals of their property, without the least color of right, and in open viola- 
 tion of the guarantee of treaties. At the same time, the Cherokees, de- 
 prived of the protection of their own government and laws, are left without 
 the protection of any other laws, outlawed as it were, and exposed to indig- 
 nities, imprisonment, persecution, and even to death, though they have 
 committed no offence whatever, save and except that of seeking to enjoy 
 what belongs to them, and refusing to yield it up to those who have no pre- 
 tence of title to it. Of the acts of the Legislature of Georgia, your memo- 
 rialists will endeavor to furnish copies to your honorable bodies: and of the 
 doings of individuals, they will furnish evidence if required. And your 
 memorialists further respectfully represent that the Executive of the United 
 States has not only refused to protect your memorialists against the wrongs 
 they have suffered, and arc still suffering, at the hands of unjust cupidity, 
 but has done much more. It is but too plain that, for several years past, 
 the power of the Executive has been exerted on the side of their oppressors, 
 
3 [ 386 ] 
 
 and is co-operating with them in the work of destruction. Of two particu- 
 lars in the conduct of the Executive, your memorialists would make men- 
 tion not merely as matters of evidence, but as specific subjects of complaint, 
 in addition to the more general ones already stated. 
 
 The first of these is the mode adopted to oppress and injure your memo- 
 rialists under color of enrolments for emigrations. Unfit persons are intro- 
 duced as agents. Acts are practised by thern that are unjust, unworthy, 
 and demoralising, and have no object but to force your memorialists to yield 
 and abandon their rights by making their lives intolerably wretched. They 
 forbear to go into particulars, which, nevertheless, they are prepared, at a pro- 
 per time, to exhibit. 
 
 The other is calculated also to weaken and distress your memorialists, 
 and is essentially unjust. Heretofore, until within the last four years, the 
 money appropriated by Congress for annuities has been paid to the nation, 
 by whom it was distributed and used for the benefit of the nation. And 
 this method of payment was not only sanctioned by the usage of the Go- 
 vernment of the United States, but was acceptable to the Cherokees. Yet 
 without any cause known to your memorialists, and contrary to their just 
 expectations, the payment has been withheld for the period just mentioned 
 on the ground, then for the first time assumed, that the annuities were to be 
 paid not as hitherto to the nation, but to the individual Cherokees, each his 
 own small fraction, dividing the whole according to the numbers of the na- 
 tion. The fact is, that for the last four years the annuities have not been 
 paid at all. The distribution in this new way was impracticable, if the 
 Cherokees had been willing thus to receive it: but they were not willing. 
 They have refused, and the annuities have remained unpaid. Your memo- 
 rialists forbear to advert to the motives of such conduct, leaving them to be 
 considered and appreciated by Congress. AH they will say is, that it has 
 coincided with other measures adopted to reduce them to poverty and des- 
 pair, and to extort from their wretchedness a concession of their guarantied 
 rights. 
 
 Having failed in their efforts to obtain relief elsewhere, your memorialists 
 now appeal to Congress, and respectfully pray that your honorable bodies 
 will look into their whole case, and that such measures may be adopted as 
 will give them redress and security. And they will pray, &c. 
 
 JNO. ROSS. 
 
 R. TAYLOR. 
 
 DANL. McCOY, 
 his 
 
 HAIR x CONRAD, 
 mark. 
 
 JOHN TIMSON. 
 Washington CrTY, May 17, 1834. 
 
 An act to authorize the taking of the census in the several counties compos- 
 ing the Cherokee circuit, and to require his Excellency the Governor to 
 pay over the poor school fund belonging to each county. 
 Be it enacted by the Senate and House of Representatives of the State 
 of Georgia in General Jissemby met, and it is hereby enacted by the au- 
 thority aforesaid, That it shall be the duty of the justices of the inferior 
 court in the counties of Cass, Cherokee. Cobb, Floyd, Forsyth; Gilmer, 
 
[ 386 ] 4 
 
 Lumpkin, Murray, Paulding, and Union, which have been created since the 
 last census was taken, to appoint one fit and proper person in their respect- 
 ive counties to take a full and accurate census or enumeration of the free 
 white population; and the person so appointed shall make his return to the 
 clerk of the inferior court of the county in which he shall be appointed, 
 on or before the first day of April next. 
 
 And be it further enacted, That so soon as the census or enumeration 
 shall have been taken and returned as required by this act, it shall be the 
 duty of the inferior court to forward a certified copy of the same to his ex- 
 cellency the Governor; and it shall be the duty of his excellency the Go- 
 vernor to pay to the several counties named in this act an equal portion, 
 according to their white population, of the poor school fund appropriated 
 for annual distribution among the several counties of this State. 
 
 And be it further enacted, That the person appointed to take the census 
 or enumeration shall receive the compensation, and be governed in the per- 
 formance of their duty by the provisions contained in an act passed the 
 twenty-sixth day of December, eighteen hundred and twenty-six, except so 
 much as militates against the provisions of this act. 
 
 And be it further enacted, That all laws or parts of laws militating 
 against this act be, and the same are hereby, repealed. 
 
 THOMAS GLASCOCK, 
 Speaker of the House of Rej)resentatives. 
 JACOB WOOD, 
 
 President of the Senate, 
 Assented to, December 21, 1833. 
 
 WILSON LUMPKIN, Governor, 
 
 An act more effectually to provide for the government and protection of the 
 Cherokee Indians residing within the limits of Georgia, and to prescribe 
 the bounds of their occupant claim; and also to authorize grants to issue 
 for lots drawn in the late Land and Gold Lotteries in certain cases, and 
 to provide for the appointment of an agent to carry certain parts thereof 
 into execution; and to fix the salary of such agent; and to punish those 
 persons who may deter Indians from enrolling for emigration. 
 
 Sec. 1 . Be it enacted by the Senate and House of Representatives of 
 the State of Georgia in General Assembly met, and it is hereby enacted 
 by the authority of the same, That in all cases where a white man is the 
 head of an Indian family, such Indian family shall retain the rights of such 
 property claimed under the rights of such Indian family, the white man 
 obtaining no rights but that of the Indian use and occupation. 
 
 Sec. 2. And be it further enacted, That every white man who may 
 have an Indian family, and who may be desirous of retaining his privileges 
 which he may possess as the head of an Indian family, may, at any time 
 before the first day of March next, notify the clerk of the superior court of 
 the county in which he may reside, in writing, of his intention to retain 
 his privileges as the head of such Indian family; which notification shall be 
 recorded in a book to be kept for that purpose, and no other; and upon the 
 doing of which he shall be entitled to all the privileges which are granted 
 to such white men in the preceding section of this act. 
 
5 [ 386 ] 
 
 Sec 3. *flnd be it further enacted, That if any Indian or descendant of 
 an Indian, or white man the head of an Indian family, claiming the privi- 
 leges of an Indi.an, shall employ any white man, or slave belonging to a 
 white man, or person of color other than the descendant of an Indian, as a 
 tenant-cropper, or assistant in agriculture, or as a miller or millwright, they 
 shall, for such offence, upon the same being established by the testimony of 
 two respectable witnesses, forfeit all right and title that they may have to 
 any reservation or occupancy within the limits of this State; and that, upon 
 the certificate of the agent to be hereafter appointed, grants may issue for 
 the same as though such improvement had never been occupied by such In- 
 dian, descendant of an Indian, or white man having an Indian family. 
 
 Sec. 4. J2nd be it further enacted, That where any Indian or descend- 
 ant of an Indian, or white man having the privileges of an Indian, shall 
 have two or more wives, any of whom shall reside on farms separate and 
 apart from the usual abode of such Indian, or descendant of an Indian, or 
 white man having the privileges of an Indian, she or they shall be held and 
 considered the sole proprietor of such farm, together with the slaves (if any) 
 usually employed in cultivating the same; and, that if she or they shall enrol 
 for emigration, shall have exclusive and absolute control thereof. 
 
 Sec. 5. %flnd be it further enacted, That if any Indian, or others enjoy- 
 ing the privileges of an Indian, shall enroll for emigration, and shall after- 
 wards refuse to emigrate at the time stipulated: Provided, The agent of the 
 United States shall be in readiness to remove them to Arkansas, and provid- 
 ed also, That such neglect shall not be occasioned by act of Providence, or 
 other unavoidable cause; he or they shall, for such neglect or refusal, forfeit 
 all right to any future occupancy within the limits of this State. 
 
 Sec. 6. And be it further enacted, That no Indian, or others having 
 the privileges of an Indian, shall, under any pretence whatever, set up any 
 claim or demand against any member of the same tribe, after such member 
 shall have enrolled his or her name for emigration, so as to deter such emi- 
 grant from removing at the time stipulated; and where the claim shall be 
 preferred against any property which may be in the possession of the indi- 
 vidual emigrating, the agent, as aforesaid, shall be competent to decide on 
 the merits of the claim: Provided, That nothing herein contained shall be 
 so construed as to prevent the claimants from prosecuting his claim hereaf- 
 ter, and in the country to which such Indian, or person having the privileges 
 of an Indian, shall emigrate. 
 
 Sec. 7. Jind be it further enacted, That no contract, either verbal or 
 written, alleged to have been made between a white man and an Indian, 
 shall be binding, except the same can be established by the testimony of at 
 least two respectable witnesses. 
 
 Sec. 8. Jind be it further enacted, That no Indian, or the descendant of 
 an Indian, or others having the privileges of an Indian, shall be allowed 
 more than one hundred and sixty acres, which shall consist of the lot includ- 
 ing his dwelling-house, or, if in a district where the lots contain but forty 
 acres, he or they shall be allowed the lot including his or her house, and as 
 many others as he may have improvements on, not exceeding three; and in 
 both cases they shall be allowed such improved land as may be within any 
 other lot adjoining thereunto, which he or they may have actually enclosed, 
 and improved previous to the twenty-fifth December, eighteen hundred and 
 thirty, and all the residue of such lots as are not entirely allowed as above 
 may be occupied by the drawer, his or her legal representative. 
 
[ 386 ] 6 
 
 Sec. 9. Jlnd be it further endcied, That if any Indian or Indians, or 
 any person claiming to be an Indian, or the descendant thereof, or any In- 
 dian countryman, their aiders, abettors, or assistants, who shall obstruct or 
 resist by force or threats the peaceable possession by the drawer thereof, or 
 any person claiming under him, her, or them, of any tract or lot of land, not 
 herein allowed to such Indian, such offender shall be guilty of a high misde- 
 meanor, for which he, she., or they may be indicted, and, on conviction, shall 
 be punished by imprisonment, at the discretion of the court. 
 
 Sec. 10. Jlnd be it further enacted. That where any lot drawn in the 
 late land and gold lottery shall be partly within an improvement which has 
 been valued and paid for by the United States, and partly within the im- 
 provement of an Indian occupant, it shall be the duty of the agent as afore- 
 said, upon the drawer of such lot, or his or her legal representative, produc- 
 ing to the said agent a certificate signed by his excellency the Governor, 
 showing that such lot was drawn by him or her, immediately to place the 
 drawer, or his or her representative, in possession of so much thereof as 
 may lie within the limits of such valued improvement, and forthwith to re- 
 move any intrusion thereon which might be calculated to prevent the peace- 
 able possession of the same. 
 
 Sec. 11. Jind be it further enacted. That his excellency the Governor 
 is hereby authorized, where satisfactory evidence is produced to him, to 
 cause grants to issue for all lots which by this act may be specially designat- 
 ed, upon the application of the drawer, or his or her representative. 
 
 Sec. 12. Jind be it further enacted. That his excellency the Governor 
 is hereby authorized to cause grants to issue for all lots which have been 
 drawn in the late land and gold lottery, where they may lie within or touch 
 upon the improvement of any Indians or descendant of an Indian, or others 
 having the privileges of an Indian, who, under any of the treaties concluded 
 between the United States and the Cherokee tribe of Indians, have been al- 
 lowed a reservation in fee simple, whether the said reserve shall have been 
 located in this State or elsewhere ; and also for all such lots as may have 
 been drawn as aforesaid, and which may lie within or touch upon the impro- 
 vement of any descendant of an Indian who was allowed a reservation in 
 fee simple as aforesaid: Provided, Such descendant of an Indian shall not 
 have been twenty-one years of age at the time his or her parents perfected 
 such reservation ; also, for all lots which lie within, or touch upon, the im- 
 provement of an Indian, or others having the privileges of an Indian, that 
 in any treaty as aforesaid shall have been allowed a reservation for life, and 
 who has removed therefrom, and settled within the limits of Georgia, and 
 for all lots which may lie within or touch upon any improvement occupied 
 by any Indian, descendant of an Indian, or white man having the privilege 
 of an Indian, who shall have heretofore enrolled for emigration, and shall 
 have received in consequence of such enrolment; any money or other valua- 
 ble consideration, and also for all lots drawn as aforesaid, and which may be 
 within or touch upon the improvement of any Indian or descendant of an 
 Indian, or any white man having the privileges of an Indian, and who, in 
 any of the land lotteries authorized by this State, shall have drawn therein 
 any lot or lots; also, for all lots which may be within or touch upon the im- 
 provements of any Indian, descendant of an Indian, or white man having 
 the privileges of an Indian, which have been sold, leased or rented, contrary 
 to the existing laws of this State. 
 
1 [ 3S6 ] 
 
 Sec 13. And be \it further enacted, That his excellency the Governor 
 is hereby authorized to appoint some fit and proper person as agent, whose 
 duty it shall be to see that the provisions of this act be duly and effectually 
 carried into operation, and to examine and report to his excellency the Go- 
 vernor such lots having Indian improvements thereon, and subject to be 
 granted by this act, who shall receive one thousand dollars per annum as a 
 full compensation for his services ; and who shall take and subscribe the fol- 
 lowing oath, to wit : " I, A. B. do solemnly swear that I will perform the 
 duties of Indian agent in the Cherokee Territory, according to the pro- 
 visions of this act regulating the Cherokee Indians in the possession of their 
 persons and property, without favor or partiality, to the best of my abilities: 
 so help me God." And he shall give bond and sufficient security, in the sum 
 of two thousand dollars, for the faithful performance of the duties required 
 of him by this act, and shall be subject to prosecution before the superior 
 court in any county where he shall violate or neglect to perform the duties 
 required of him as agent aforesaid ; and, on conviction thereof, he shall be 
 removed from office, and be fined at the discretion of the court. 
 
 Sec. 14. And belt further enacted, That if any person shall, by threats, 
 menaces or otherwise, deter or prevent any Indian or Indians from enrolling 
 for emigration, he or they shall be held and deemed guilty of a misdemean- 
 or; and, on conviction thereof, shall be find in a sum not less than one hun- 
 dred dollars, nor more than five hundred dollars, or undergo an imprisonment 
 in the penitentiary, at the discretion of the court. 
 
 Sec. 15. And be it further enacted, That all laws and parts of laws mili- 
 tating against this act, and the act appointing special agencies for the counties, 
 be, and the same are hereby, repealed. 
 
 THOMAS GLASCOCK, 
 Speaker of the House of Representatives. 
 JACOB WOOD, 
 
 President of the Senate. 
 Assented to 20th December, 1833: 
 
 WILSON LUiMPKIN, Governor. 
 
 Brown's Hotel, Washington City, 
 
 January 28, 1833. 
 
 Sir: Having exhibited before you the authority under which we have been 
 delegated by the Cherokee nation to visit the seat of Government, we will 
 now take occasion to lay before you, for the consideration of the President, 
 a brief view of the existing state of things in relation to our national affairs, 
 and also to make known the feelings of the Cherokee people. In doing so, 
 it is not deemed necessary to go into a detailed narrative of the numerous 
 circumstances attending the facts, nor are we disposed to enter into a prolix 
 discussion of the justice and merits of those rights for which we have so ear- 
 nestly spught the interposition of the protecting arm of the General Govern- 
 ment. 
 
 It is sufficient to state that it has been the lot of our nation to differ in opi- 
 nion with the constituted authorities of this Government in regard to that 
 system of policy having for its object the general removal of all the Indian 
 tribes west of the river Mississippi; and that it has been our misfortune to 
 find the President of the United States entertaining views adverse to ours 
 
[ 386 ] 8 
 
 upon the question of those rights which our nation claims, and heretofore 
 have peaceably enjoyed from time immemorial, and which have been so- 
 lemnly recognized by the treaties now existing with the United States. 
 
 In the course of these events, the State of Georgia assumed to herself the 
 right to extend and exercise jurisdiction over all that portion of our territory 
 called " the chartered limits of Georgia." The nature and effects of the laws 
 adopted by her Legislature to operate upon our people are^well known. 
 Our nation being strenuously opposed to a change of location, and the offi- 
 cers of the Government having withheld the enforcement of the intercourse 
 act of Congress, and the treaties for our protection, our nation was driven to 
 the necessity of employing counsellors-at-law for asserting our legal rights 
 before the courts of the United States; and we have had the consolation, 
 amidst our difficulties, to see that we have not been deceived in the opinion 
 entertained of those rights, when the supreme judicial tribunal of the country 
 decided that the laws of Georgia extending jurisdiction over our territory 
 are repugnant to the laws, treaties, and constitution of the United States, and 
 were null and void. Yet with deep regret have we witnessed and felt the 
 illegal proceedings of Georgia with increasing severity, at the same time the 
 protecting arm of the Federal Government withdrawn, and the annuity sti- 
 pend due to our nation by treaties withheld, and from the mere claim of the 
 right to exercise jurisdiction. 
 
 The right of surveying, disposing of, and occupying our lands by force, 
 have since been asserted by Georgia, and measures are now in train for the 
 consummation of the unjust deed. 
 
 In this peculiar state of affairs, our nation, in the summer of the last year, 
 received through your department certain propositions from the President, 
 containing the basis upon which the Government was willing to negotiate a 
 treaty for our territory east of the Mississippi. And, in reply thereto, the 
 General Council of the nation informed the President that the sentiments of 
 the Cherokee people on that subject remained the same as has before been 
 expressed, and that the basis of his propositions was objectionable, and that, 
 owing to the peculiar state of things, the nation was in duress ; but let him 
 remove all the difficulties complained of, and to afford that necessary protec- 
 tion which had been solemnly guarantied in our treaties, and then the exer- 
 cise of that privilege which is so essential to freedom would place the nation 
 in a condition to reflect, speak, and act freely, &c. &c. Some time there- 
 after, a letter directed to "the Cherokees east of the Mississippi," from Mr. 
 Robb, the chief clerk of your department, was received through the agent, 
 acknowledging the receipt of this letter; and wlio stated that you was then 
 at that time on a tour to Lake Erie, and to which place the letter had been 
 forwarded, and that no doubt you would reply to it; but no further commu- 
 nication from you has since been received. 
 
 Mr. Chester, however, under instructions from the department, attended 
 our General Council in October last, and urged a reconsideration of the same 
 propositions which had before been submitted and replied to; and who, as 
 you have been apprised, was given to understand that a delegation would be 
 appointed to attend to the business of the nation before the Government of 
 the United States, on all subjects relating to its interests. 
 
 Now, in the discharge of the duties entrusted to us, we ask leave to say 
 that, notwithstanding the various perplexities which the Cherokee people 
 have experienced under the course of policy pursued towards our nation, 
 they are unshaken in their objections to a removal west of the river Missis 
 
9 [ 386 ] 
 
 sippi; and on the question of our rigUts and the justice of our cause their 
 minds are equally unchangeable. However, we are fully sensible that jug; 
 tic? and weakness cannot control the array of oppressive power j and when 
 Xve anticipate the calamitous effects of such power, we do not fail to see with 
 equal clearness that a removal, under existing circumstances, beyond ihat 
 " father of rivers" in the west, would but produce consequences no (ess fatal. 
 
 Therefore, we can never consent to be the instrument of a suicidal aci to 
 our nation's welfare and happiness. The dilemma of this momentous proh- 
 lem, then, must devolve upon the justice, the magnanimity, and the honor 
 of this great republic, to decide the ultimate issue. 
 
 At our interview, the President as well as yourself, took occasion to express 
 deep solicitude on the part of the Government to adjust the difficulties which 
 so much disturb the peace and tranquillity of our nation. Here, you wiiJ 
 please to allow us to repeat the expression of a corresponding desire on the 
 part of our nation; and, at the same time, to take the liberty of suggesting 
 for the consideration of the President, whether it would not be practicable 
 for the Government to satisfy the claims of Georgia through the individuals 
 of the State who may have drawn lots of lands in our territory in the lotte- 
 ries of that State, by granting them other lands of the United States lying 
 within the limits of the Territories and States of the Union, or in some other 
 way. We would respectfully ask you further to state fully the views and 
 disposition of the President, how far, and in what manner, is he disposed to 
 put a final end to the difficulties created by Georgia with our nation; and 
 also, if the annuity due to our nation will not now be directed to be paid 
 over to us as heretofore. Likewise, please to inform us what disposition has- 
 been made of the lands reserved under the treaty of IS19 for the purpose 
 of raising a school fund for our nation; and if sold, to state tne amount of the 
 nroceeds, and also the application made of the same. 
 With considerations of respect, 
 
 We have the honor to be, sir, 
 
 Your (ibedient servants, 
 JOHN KOSS. 
 
 The Hon. Lewis Cass, Secretary of War. 
 
 RICHAR.J TAYLOR. 
 JNO. F. BALDR1DG& 
 JOSEPH VAiNN. 
 
 Department or War, 
 
 February 2, 1833-. 
 
 Gentlemen: Your letter of the 2Sth ult. was received to-day, and has 
 been submitted to the President. His views 1 shall proceed to commu- 
 nicate to you. 
 
 I have already said to you in conversation, and I now repeat in writing, 
 that the President looks with great anxiety and solicitation to your situation. 
 Without entering into any historical summary of the events which have 
 led to the existing state of things, it is enough for our present purposes to 
 know that your position is an embarrassing one, and that a change is called 
 ibr by every consideration of present convenience and of future security. And 
 
[ 3S6 ] 10 
 
 I have ko hesitation in saying that the Government is very desirous o-f 
 entering into a satisfactory arrangement, by which all your difficulties will 
 be terminated, and the prosperity of your people fixed upon a permanent 
 basis. I am well convinced, however, these objects can only be attained by 
 a cession of your possessory rights in Georgia, and by your removal to the 
 country west of the Mississippi; nor can I foresee any cause of apprehen- 
 sion, as you do, that such removal will be injurious either in its immediate 
 or remote consequences. A mild climate, a fertile'soil, an inviting and ex- 
 tensive country, a government of your own, adequate protection against 
 other Indians and against our own citizens, pecuniary means amply suffi- 
 cient for your removal, subsistence and comfortable establishment, and for 
 such purposes of general concern as may appear necessary. All these, with- 
 in the limits of a reasonable expectation, are freely offered to ) r ou; and I 
 cannot, therefore, see that the subject presents itself in the melancholy light 
 in which \ou view it 
 
 Immense numbers of our own citizens, if similarly situated, would be happy 
 to accept these offers. I trust you will on reflection come to the conclusion 
 that the course now indicated is not only the best for your people, under 
 the circumstances in which they are placed, hut that,under much more pros- 
 perous circumstances, it would not be an unfortunate one. 
 
 The President's message to the Senate of February 22d, 1831, has been 
 already communicated to you. That message entered so freely into the 
 subject of the existing, relations between the Indian tribes and the States 
 in which they reside, that any further answer did not seem necessary to 
 your letter, declining to accept the propositions made to you last season. 
 
 The whole views of the Government had been previously made known 
 to you, and nothing could have been gained by .continuing the correspond 
 dence after your positive refusal to accept, as the basis, the offers which have 
 been made to you. 
 
 .Mr, Chester, as you correctly state, was authorized to attend your council, 
 and to communicate the wishes of the department. He did so, but the re- 
 sult was fruilless. 
 
 I do not see that any practicable plan could be adopted by which the re- 
 versionary rights held under the State of Georgia could be purchased upon 
 such terms as would satisfy the Government in entering into a stipulation to 
 that effect, nor would it at all remove the difficulties and embarrassments of 
 your condition. You would still be subject to the laws of Georgia, surround- 
 ed by our settlements, and exposed to all those evils which have always 
 attended the Indian race when placed in immediate contact with the white 
 population. It is only by removing from these that, you can expect to avoid 
 the fate which has swept away so many Indian tribes. Certainly some 
 sacrifices may well be encountered in effecting this object; but I trust and 
 believe they will be slight and temporary. The greatest sacrifices will be 
 made by those of your people who are the most intelligent, and have made 
 the most comfortable provision for themselves in their present residence. 
 To the great body of your tribe, I am convinced the change would be im- 
 mediately beneficial. Our accounts from the Cherokees west of the Missis- 
 sippi are most e icou raging. A report from the commission now in that 
 country states that the Cherokees will have twenty- five thousand bushels of 
 corn to dispose ot, after reserving enough for their own consumption; and 
 that their condition and prospects are truly fortunate. 
 
 I presume that each of the individuals composing this delegation is among 
 the small portiou of the tribe which is comfortably established ip. Georgia. 
 
11 [ 386 ] 
 
 1 may appeal to their better feelings whether a transfer of their residence, 
 essential as it is to the existence of their people, ought not to be cheerfully 
 made under existing circumstances; whether the inducements now held 
 out, both of a pecuniary and of a political character, are not sufficient to justify 
 every one of your people in entering into the arrangements which have 
 been proposed? Certain it is, that, with a year's subsistence provided after 
 their arrival west of the Mississippi, and with the other aid which has been 
 promised, there is not a Cherokee of mature age, and in a state of health, 
 who could not provide comfortably for his support. 
 
 You request me to inform you what are the views and disposition of the 
 President relating to your affairs? 1 do not know that I can answer you 
 this question more fully than by referring you to the propositions already 
 submit'ed to your tribe The President is anxious to close all the difficul- 
 ties with you, to provide for your removal and establishment in the west, 
 and to stipulate for such pecuniary considerations as may appear to be just. 
 All this has been fully indicated to you; and I am instructed to say thai I 
 am prepared to enter into a negotiation with you, and to conduct it in a 
 spirit of liberal justice, and with a strong desire that it may terminate 
 successfully 
 
 With respect to your annuities, I would observe that there are none with- 
 held from you. The Government has engaged to pay certain annuities to 
 the Cherokees. Whether these shall be paid to persons representing 'the 
 tribe or to the individuals composing it, as the treaties do not provide, the 
 Government is at liberty to determine. It has long been the practice, in 
 other quarters of the country, to pay the annuities to all the persons who 
 attend to receive them, looking to the fund as a joint one, to be divided in 
 equal proportion by the agents of the Government, who can thus see that 
 there is a just distribution, and that individuals are protected in their rights 
 who could not protect themselves. This practice has been recently extend- 
 ed to all the tribes, and the President sees no reason why it should be 
 departed from. In the treaty concluded with the Creeks in this place, in 
 March last, a stipulation was inserted, at their request, that their annuities 
 should be paid in such manner as the tribe might direct. They have since 
 directed that the annuities should be paid to the chiefs, and they have so 
 been paid. Such a provision, if you wish it, might be inserted in any ar- 
 rangement entered into with you. 
 
 Your inquiry concerning the school fund under the treaty of 1S19, will 
 be answered by the Commissioner of Indian Affairs as soon as the necessa- 
 ry information can be collected. 
 
 In conclusion, permit me to remark that, should you be disposed to ac- 
 cept, as a basis, the propositions which have been made to you, and to enter 
 into an arrangement accordingly, I must request that the necessarjMletails may 
 be arranged in personal interviews, and not by a written correspondence. 
 My time is so occupied that I cannot adopt the latter mode. To ex- 
 pedite business, I am willing to meet you any evening, and to discuss the 
 subject, and to devote every evening to it until the matter is finished. 
 Very respectfully, I am, gentlemen, 
 
 Your obedient servant, 
 
 LEWIS CASS. 
 
 Messrs. John Ross, R. Taylor, John 
 F. Baldridge. Joseph Vann. 
 
[ 386 ] 12 
 
 Brown's Hotel, 
 Washington C ; ty, February 14, 1833. 
 
 Sir: Your 7 s, rn reply to ours of the 2Sth ultimo, communicating the 
 views of the President, has heen maturely deliberated; and, in duty to our 
 nation, we feel ourselves bound to respond to the same. We are told "that 
 the President looks with great anxiety and solicitation to our situation; that 
 he knows our position is an embarrassing one, and that a change is called 
 for by every consideration of present convenience and future security; and 
 that the Government is desirous of entering into a satisfactory arrangement, 
 by which aM our difficulties will be terminated, and the prosperity of our 
 people fixed upon a permanent basis. Yet we are assured that you are well 
 convinced these objects can only be attained by a cession of our possessory 
 rights in Georgia, and by our removal to the country west of the Mississippi; 
 that you can foresee no cause of apprehension, as we do, that such removal 
 will be injurious either in its immediate or remote consequences. A mild 
 climate, a fertile soil, an inviting and extensive country, a government of 
 our own, adequate protection against other tribes and against your own 
 citizens, within a reasonable expectation, are freely offered to us: you can- 
 not, therefore, see that the subject presents itself in the melancholy light in 
 which we view it." You have also referred to the President's message to 
 the Senate, of February 22d, 1831 to show his views on the subject of the 
 existing relations between the Indian tribes and the States in which they re- 
 side. In reviewing the principles upon which these views are predicated, we 
 have been impelled to look into those upon which the primitive and con- 
 ventional rights of the Cherokee nation have been recognized and established 
 by the solemn acts of this Government. And it is with deep regret and 
 great diffidence we are constrained to say that, in this scheme of Indian re- 
 moval, we can see more of expediency and policy to get rid of them 
 than to perpetuate their race upon any permanent fundamental principle. 
 Were it possible for you to be placed, or to imagine yourself for a moment 
 to be, in the peculiar situation in which we stand, with the existing treaties 
 and laws, and the subsequent acts of the Government, all before your eyes, 
 you cannot but see and feel as we do. It is impossible, then, for us to see 
 that, by a removal to the country west of the Mississippi, all our difficulties 
 would be terminated, and the prosperity of our people fixed upon a perma- 
 nent basis. 
 
 Would not a removal to the country west of the Mississippi, upon lands 
 of the United States, by the Indian tribes, under the provisions of the act 
 of Congress, denationalize their character as distinct communities? By what 
 tenure would such tribes occupy the lands to be assigned to them? Is not the 
 fee-simple title vested in, and will be retained by, the United States? What 
 kind of a government of their own, then, is it designed for them to establish? 
 And how is it possible for the United States to afford them more adequate pro- 
 tection against your own citizens there than where we are? These ques- 
 tions have never as yet been definitively settled down upon any fundamental 
 law of Congress that we know of; and we cannot avoid believing that the 
 present system of policy towards the Indians is founded upon contingencies 
 growing out of the interests and desires of the States, without regarding 
 the permanent prosperity and happiness of the Indians. We intend no re- 
 flection upon the Government in thus frankly communicating our views.; 
 
13 [ 3«6 ] 
 
 but we deem it essential to a perfect understanding of the subject. As to 
 the climate, soii, an<! extent of country, to which you have alluded, and 
 the future prospects of the Cherokees who are living there, our people are 
 correct iy informed on those points from Dersonal observations, and otherwise: 
 withal, they have no wish to remove there. What, then, would be the 
 consequence of a whoie nation of people, driven by the force of necessity to 
 leave their native land for a distant one in a strange and an inhospitable 
 region, and there to experience the sad effects -of injured disappointments? — 
 to what source could they seek indemnity for their injuries, and what tri- 
 bunal will there redress their wrongs? For, in vain will our nation have 
 appealed to the protecting arm of the General Government to fulfil treaty 
 obligations, to shield our suffering people against illegal encroachments; and 
 in vain will your supreme judicial tribunal have declared a verdict in favor 
 of our nation against the exercise of usurped power on the part of State 
 authority. 
 
 In the suggestion which we took the liberty to submit for the considera- 
 tion of the President, that some practicable arrangements might be entered 
 into between the United States and Georgia to relieve our nation of its pre- 
 sent embarrassments, we had entertained no doubt that, with a correspond- 
 ing desire on the part of the General Government, such an arrangement 
 could be effected; and, in that event, that Georgia would not be permitted 
 to subject our people tothe obedience of her laws, in as much as the Supreme 
 Court of the United States itad already pronounced the exercise of her ju- 
 risuiction over our territory and people to be unconstitutional and void; and 
 we are at a loss to see the grounds you have taken in arriving at the opi- 
 nion that ,l we would still be subject to the laws of Georgia." 
 
 We .cannot subscribe to the correctness of the idea which has so frequent- 
 ly been recurred to by the advocates of Indian removal, that the evils which 
 have befallen and swept away the numerous tiibes that once inhabited the 
 oh. States are to be traced to the mere circumstance of their contiguity to a 
 white population; but we humbly conceive that tne true causes of their ex- 
 tinction are to be found in the catalogue of wrongs which have been heap- 
 ed upon their ignorance and credulity by the superior policies of the white- 
 man, when dictated, by avarice and cupidity. You appeal to our better feel- 
 ings in regard to the situation of our people, and suggest that, under exist- 
 ing circumstances, some sacrifices may well be encountered in removing 
 from a contact with a white population in order to escape the fate which 
 has swept away so many Indian tribes Should the doctrine that Indian 
 tribes cannot exist contiguously to a white population prevail, and they be 
 compelled to remove west uf the States and Territories of this republic, 
 what is to prevent a similar removal of them from there for the same rea- 
 son ? We can only plead, let equal justice be done between the red and the 
 white man; and that so long as the faith of contracts is preserved inviolate, 
 there will be no just cause for complaint, much less for aggressions on the 
 rights of the one or the other; and that so far as our (individual) sense of 
 right, justice, and honor, will dictate to us a course to meet the wishes, the 
 interest, and the permanent prosperity and happiness of our nation, that no 
 pecuniary sacrifices or human sufferings, ever so great, can or will deter us 
 from encountering them. 
 
 Contrary to treaty stipulations, and the intercourse act of 1S02, there are 
 numerous white famil.ios who have intruded upon the lands of our nation 
 
I 386 ] 14 
 
 within the chartered limits of the several adjoining States; and the repealed 
 complaints made of the same to the agent have not heen regarded, and the 
 trespassers, instead of being removed, have greatly increased in numbers, 
 and are daily multiplying. We are constrained to bring this grievous sub- 
 ject before the department, that the evil be corrected. In addition to these, 
 there are others who threaten to overrun and dispossess our nation of its 
 territory under the sanction of State authorities. Under the assumption uf 
 the right to exercise jurisdiction, it is known that Georgia has passed legis- 
 lative acts to survey and draw a lottery for the occupation of our lands, and 
 which, in part, have been carried into effect; and, without the timely inter- 
 position of this Government, will doubtless rob us of our lands. Can this 
 be permitted, or will the President extend the constitutional arm of the 
 Government to save us from this impending calamity? His determination 
 upon this delicate and important question we most respectfully solicit. Also, 
 if we are to understand from your communication that the propositions sub- 
 mitted through Mr. Chester, and which have been rejected by the General 
 Council of our nation, as containing the only basis upon which the Govern- 
 ment will relieve our nation of the injustice of State oppressions. On the 
 subject of our annuities, you reply, "that none are withheld from us;" that 
 the Government, has engaged to pay certain annuities to the Cherokees, 
 whether these are to be paid to persons representing the tribe, or the indi- 
 viduals composing it, as the treaties do not provide. The Government is 
 at liberty to determine. The view you have taken of this subject is at 
 Variance with the true intent and meaning of those treaties, as all the 
 former practice of the Government in relation thereto will show. 
 
 The United States of America, through their commissioner plenipotentia- 
 ry, entered into certain treaties with the chiefs, headmen, &c, of the Cher- 
 okee nation, who were duly authorized and empowered by said nation; and, 
 in consideration for sundry cessions of lands, there are certain annuities sti- 
 pulated in those treaties to be paid to the Cherokee nation. And the usual 
 practice of the Government in paying those annuities has always been 
 through the United States' agent to the authorities of the Cherokee nation, 
 and by them disposed of as the Legislative Council thereof think fit to direct 
 for the public welfare. Upon the complaints of certain discontented chiefs 
 of the upper Cherokee towns to the Government, Mr. Jefierson, the then 
 President of the United States, on the 4th day of May, 1808, spoke to them 
 in writing thus — " You complain that you do not receive your proportion 
 of the annuities we pay your nation; that the chiefs of the lower towns take 
 for them more than their share. My children, this distribution is made by 
 the authority of the Cherokee nation, and according to their own rules, j 
 over which toe have no control* We do our duty in delivering the annui- 
 ties to the headmen of the nation, and we pretend to no authority overj 
 them: to no right of directing how they are to be distributed." 
 
 For the last thirteen years the Cherokee nation have had a treasurer, and J 
 into whose hands the annuities have been paid by the agents of the Unitedl 
 States; and, for the faithful performance of the duties assigned to his office, J 
 the treasurer has executed a bond, with ample securities, in the penal sum of 
 fifty thousand dollars. The annuities due for the two last years the agent 
 has refused to pay them over to the treasurer as usual, notwithstanding th< 
 written request of the great mass of our people to do so. 
 
 And upon his failing to induce the individuals of our nation to accept ol 
 this money agreeably to the direction of the department, these annuities 
 
15 [ 386 ] 
 
 nave since been deposited in the United States' Branch Bank at Nashville, 
 to the credit of the Treasurer of the United States. Under these circum- 
 stances we felt justified in saying that our annuities are withheld from us. 
 Since the unconstitutional proceedings of Georgia towards our nation, our 
 public expenses have greatly increased; consequently debts have been in- 
 curred, for the payment of which the faith of our nation stands pledged. And 
 we trust, that the President will see in this good reason for directing the 
 annuities to be paid over to us as heretofore; for we can see no possible ad- 
 vantage in the Government controlling the application of these annuities 
 contrary to the interest and desire of our nation, when they constitute a debt 
 from the United States to the Cherokee nation; no complaints having been 
 made to the Government by our nation against the dishonesty or misappli- 
 cation of this annuity stipened by our own constituted authorities. On the 
 contrary, they have required the agent to pay it over as usual; and, without 
 intending any reflection, we feel justified in saying that the Cherokee peo- 
 ple feel as much respect for, and have as great confidence in the justice and 
 integrity of their own public men, as they can possibly entertain towards 
 the public agents of this Government in their nation. 
 With great respect, 
 
 We have the honor to be, 
 
 Sir, your obedient servants, 
 
 JOHN ROSS. 
 
 R TAYLOR. 
 
 JNO, F. BALDRIDGE, 
 
 JOS. VANN. 
 Hon. Lewis Cass, Secretary of War. 
 
 Department or War, 
 
 February 20 th, 183S. 
 
 Gentlemen : I have received your letter of the 14th inst., but having, as 
 already explained to you, but little time to continue a correspondence promis 1 - 
 ing no useful result, I must be brief in my answer. 
 
 All the considerations connected with your situation and prospects have 
 been so long and so much discussed, that it seems wholly unnecessary to re- 
 new the subject. So far as regards the question specifically stated by you re- 
 specting the political situation you would occupy west of the Mississippi, the 
 tenure of the lands, the kind of government, &c, you will find in the papers 
 heretofore communicated from this department satisfactory explanations ; and 
 any thing further that may be necessary shall be frankly stated in any per- 
 sonal interviews, should there be a prospect of a satisfactory adjustment of 
 the affair. 
 
 You are fully aware of the President's views of his constitutional duty. 
 He considers that he has no right to arrest the laws of Georgia within the 
 limits of that State, nor can he take any measure to procure such a result. 
 
 Any possessory right, independent ol jurisdiction, which you may claim, does 
 not fall within the provisions of the intercourse act of 1S02, and its supple- 
 ments, and, consequently, does not present a case within the authority of 
 the President to determine. 
 
 I have nothing to add on the subject of the annuities, but that the PresU 
 client's views are unchanged. 
 
[ 986 ] 10 
 
 I will add that I should be very glad to meet you, and to discuss this sub- 
 ject, in the confident hope ihat an arrangement may be made which will be 
 satisfactory to your people, and terminate all the difficulties in which they 
 are now involved. 
 
 Very respectfully, I am, 
 
 Gentlemen, your obedient servant, 
 
 LEWIS CASS. 
 Messrs. John Ross, R. Taylor, J, F. Bat,- 
 
 dkidgkj and Joseph Vann. 
 
 Department of War, 
 
 Office Indian Affairs, February \Aih, 1833. 
 
 Gentlemen : In answer to that part of your communication of the 28th 
 lilt, addressed to the Secretary of War, and by him referred to this office, I 
 have the honor to state, that, of the Cherokee land reserved by the treaties of 
 the 25th of October, 1805, and the 27th of February, 1819, and ceded to the 
 United States, in trust, for the Cherokee nation as a school fund, there have 
 been sold 29,828-j^ acres, as appears from the returns made from the land 
 office at Huntsvilie, and that the proceeds of sale amounted, on the 3 1st of 
 December last, to $45,230 62, according to information received from the 
 Commissioner of the General Land Office ; which sum is nt>w in the Trea- 
 sury of the United States, and will be vested, and the dividend or interest 
 thereof will be appropriated, pursuant to the 4th article of the said treaty of 
 the 27th February, 1819. 
 
 • I am gentlemen, with high respect, 
 
 Your humble servant, 
 
 ELBERT HERRING. 
 John Ross, Esq., and Others, 
 
 Cherokee Delegation, Brown's Hotel. 
 
 Washington City, March 8th, 1833. 
 
 Sir: The subject of intrusion on the lands of the Cherokee nation by the 
 citizens of the United States, as you well know, is a fruitful source of un- 
 pleasant complaints- The injuries sustained by our citizens from this un- 
 lawful practice within the chartered limits of Georgia, North Carolina, Ten- 
 nessee, and Alabama, have been great, and are daily increasing. And not- 
 withstanding we have been so repeatedly assured by the department that the 
 intruders would be removed from our lands by virtue of the intercourse 
 act, where the State laws did not interfere with the exercise of authority on. 
 the part of the General Government- yet strange as it seems to be, it is never- 
 theless true that these complaints have not been made to cease by any effec- 
 tual order from the department to the agent. However, when we reflect 
 and see that the agent (Col. Montgomery,) has himself countenanced and 
 permitted his own son-in-law, Jno Hardwick, to reside in the nation, and 
 cultivate Cherokee lands in the vicinity of the agency, regard- ss to 'he re- 
 monstrances of our General Council;, it is a circumstance not so much to be 
 
17 f 386 ] 
 
 wondered at, that he should indulge other intruders who have only followed 
 the example of his son -in-law. From recent information there are many 
 white families who have removed into the nation, and are now intruding on 
 ■our Imds within the chartered limits of Tennessee. To these facts we 
 would respectfully call the attention of the department, and urge that a 
 speedy arid effectual order he given for their immediate removal. Should 
 you feel disposed to ascertain from other sources the truth of what we have 
 stnted in relation to the conduct of the agent, and the situation of John 
 Hardwick, we would respectfully refer you to Capt. Day and Lt. Dancey, 
 the disbursing officers who were lately stationed at the agency. We take 
 leave further to state, that there are some individual claims for improve- 
 ments abandoned on the lands ceded by the treaties of 1S17 and 1^19- 
 which have never been valued and reported upon by the assessing agents. 
 We would therefore request that you will authorize and direct the agent, or 
 some other person, to have said claims collected and reported upon to the 
 department, thai the claimants may receive their just compensation for their 
 improvements agreeably to the stipulation of the aforesaid treaties. 
 We are, very respectfully, sir, 
 
 Your obedient servants, 
 
 JNO. ROSS. 
 
 RICHARD TAYLOR. 
 
 JNO F. BALD RIDGE. 
 
 JOSEPH VANN. 
 The Hon. Lewis Cass, Sec*ry of War. 
 
 Department op War, 
 Office of Indian Affairs. March ^4, 1833. 
 
 Sir: Your letter of the 8th instant, addressed to the Secretary of War, o» 
 the subject of intrusion on Cherokee land by white citizens, has been refer- 
 red to this office for reply. 
 
 It cannot be denied that your complaints are well founded, and that your 
 people have sustained injuries from the rapacity and lawless conduc of bur 
 citizens. It is, however, in some degree an unavoidable evil incident to 
 the present condition of your tribe, and no blame is fairly attributable to the 
 department on that account. It is due to the Secretary of War to say, that 
 so soon as he received notice of intruders having presented themselves on 
 your land, he gave orders for their expulsion. 
 
 These orders will now be repeated, and a military force will forthwith, 
 be despatched to the assailed parts of your country for the purpose of ex- 
 pelling and keeping off intruders. And orders will also be given to the. 
 district attorney of the United States to prosecute for trespass all such as 
 may dare to return after their expulsion. You cannot consider it a mis- 
 placed assurance, and it is made with the utmost sincerity, that the depart- 
 ment cherishes deep solicitude for the welfare of your nation, and will, to 
 the extent of its power, endeavor to promote it. 
 
 With high respect, your humble servant, 
 
 ELBERT HERRING. 
 
 To Messrs. Ross and Others, Cherokee Delegates. 
 
 (Q^This letter was forwarded by mail, and directed to "John Ro«T 
 esq., principal chief of the Cherokees," Head of Coosa. Georgia. 
 
[ 386 ] 18 
 
 Head of Coosa, Cherokee Nation, 
 
 May 22, 1833. 
 
 Sir: In pursuance of a resolution of the General Council, which termi- 
 nated its session on the 20th instant, at Red Clay, 1 hasten to transmit you 
 herewith, for the information of the President, certain resolutions adopted 
 by the council as an expression of its sentiments on the public affairs of 
 this nation. In laying them before the President, you will please to per- 
 mit me, through you, io assure him that the peace and happiness of the 
 Cherokee people requires repose by removing the perplexing difficulties 
 which have so long disturbed their welfare; and that whilst a course of irri- 
 tating excitement is kept up, the distresses of the nation maybe increased, 
 but. yet, it is evident that the object desired to be attained can never be 
 realized by the observance of it. Should the reasonable expectation of 
 the council be favorably regarded by the President, and all further pro- 
 ceedings suspended, he may rest assured that no effort on my part shall be 
 wanting, in co-operating with the proper authorities of this nation, for the 
 adoption of measures with the view to a final termination of all difficulties. 
 To ensure a cairn deliberation upon this important subject, it is indispensa- 
 bly necessary that harmony and tranquillity should prevail among the peo- 
 ple. You will therefore please to communicate to me the determination of 
 the President on the subject as soon as convei ient. 
 
 I have the honor to be, sir, 
 
 Your obedient, humble servant, 
 
 JOHN ROSS. 
 To the honorable Lewis Cass, 
 
 Secretary of War. 
 
 "Whereas the several communications embracing the correspondence 
 between the late delegation to Washington and the honorable Secretary of 
 War in reference to the public affairs of this nation, having been read in 
 General Council, and the principal chief having fully stated, (in the pre- 
 sence of said delegation,) the several conversations had with the President 
 and Secretary on this subject;" the following resolutions be, and are 
 hereby, adopted as an expression of the sentiments of the council in rela- 
 tion thereto t 
 
 Resolved by the committee and council in General Council convened. 
 That the position maintained by the delegation in the support of the rights 
 of this nation be, and is hereby, approved. 
 
 Resolved, That the council view with regret the evasive and unsatisfac- 
 tory manner in which the honorable Secretary has replied to the seveial 
 subjects introduced before him by the delegation. The question of our na- 
 tional rights having been so clearly recognized and established by every 
 department of the General Government, and as denned by various sub- 
 sisting treaties, laws enacted in the spirit of those treaties, and decisions of 
 the Supreme Court of the United States, the Cherokee* cannot but feel, 
 with deep regret and sensibility, the evil consequences arising from the op- 
 pressions by State authorities, and the entire suspension of fulfilment, oa 
 the part of the Government, of those solemn pledges so repeatedly made 
 for their protection. 
 
19 [H86] 
 
 Resolved, That, under existing circumstances, the nation is in a state of 
 duress, and that ; until removed, it cannot properly exercise that freedom of 
 deliberation and action so desirable and necessary for the final termination 
 of present difficulties; and being convinced that the country west of the 
 Mississippi, to which the Government has invited the removal of the na- 
 tion, is such as cannot better the future prospects and welfare of the Chero- 
 kees as a nation, under the present unsettled policy of the Government in 
 relation to the Indian tribes ; and should they be compelled by the force of 
 circumstances, contrary to every principle of justice and humanity, to 
 leave the "land of their fathers," the council can determine no other al- 
 ternative promising relief than a removal beyond the limits of the United 
 States; but having confidence yet in the good faith of the Government of 
 the United States, and no desire to remove west of the Mississippi, nor to 
 leave the limits of the United States, and being solicitous to have a speedy 
 termination of present difficulties: 
 
 Resolved, Tnat the basis and terms of the late propositions offered by 
 the Government being objectionable, and aware of the limited powers of 
 the President, it is deemed inexpedient for the nation, at present, to deter- 
 mine, as a final resort, that course necessary to be pursued, until some fur- 
 ther action of the ensuing Congress in relation to this important matter. 
 
 Be it further resolved, That if the President will cause all further ille- 
 gal proceedings on the part of Georgia and Alabama to cease within the 
 limits of this nation, and will suspend further proceedings through the 
 agents of the Government, the proper authorities of this nation, with a 
 view to the final termination of all difficulties, will adopt such measures as 
 will bring before the General Government, at the next session of Congress, 
 this subject, upon such fair and honorable principles as, in their opinion, 
 justice and magnanimity will not fail to sanction. 
 
 Be it further resolved, That the principal chief be, and he is hereby, 
 requested to transmit a copy of the foregoing resolutions to the honorable 
 Secretary of War for the information of the President of the United 
 States. 
 
 In General Council, Red Clat, C. N., May 20, 1833. 
 
 RICHARD TAYLOR, Pt. Commit tee. 
 
 Concurred: GOING SNAKfi], Speaker Council. 
 
 Approved: JOHN ROSS, PL Chief. 
 
 Wm. Rogers, Clk. Committee. 
 A. McCoy, Clk. Council. 
 
 Department of War, June 20, IS 33. 
 
 Sir: I am instructed to inform you that your letter of the 22d ultimo 
 has been Teceived and sub.nitted to the President. The President consi- 
 ders it useless to continue any further correspondence on the subject of the 
 Cherokee difficulties. Neither in the propositions you have transmitted, 
 nor in the spirit in which they are dictated, does he see any hope of a 
 change in the councils nd conduct of those who have obtained an ascen- 
 dancy over the unbapp Cherokee people. The terms already offered are 
 
[ 386 ] QQ 
 
 extremely liberal; and it is believed they are satisfactory to the citizens 'of 
 the United States* and would be so to the Cherokees, were they permitted 
 to exercise their own judgment in the matter. No essential alterations will 
 be made in them, and, if the event rs unforlunate for your people, the fault 
 must rest with those who have acquired their confidence, and now mislead 
 them. Very respectfully, I am, sir, 
 
 Your obedient servant, 
 
 « JOHN ROBB, 
 Acting Secretary of Wan- 
 To Mr. John Ross, Head of Coosa, 
 
 Cherokee Nation, Georgia. 
 
 TO ALL WHOM IT MAY C0»Cjff3N: 
 
 Be it known, that John Ross, principal chief of the Cherokee nation,, 
 Richard Taylor, Daniel McCoy, Hair Conrad, and John Timson, have been 
 nominated, and are hereby constituted and appointed, as delegates to re- 
 present said nation on a mission before the Government of the United 
 States at Washington city, at the next session of Congress, on all subjects 
 touching the rights and interest of the same, with the view of inducing said 
 Government to act and decide, finally, upon the grievances of this nation 
 growing out of the proceedings of the adjoining States in violation of exist- 
 ing treaties. Given under our hands in General Council, at Red Clay, this 
 
 thirty-tirst day of October, 1833. 
 
 George Still, 
 George Blair, 
 Hair Conrad, 
 J, F. Baldridge, 
 Old Fields, 
 Richard Fields, 
 James Daniel, 
 Wm» Rogers, Clerk to Committee. 
 
 James Spears, 
 Young Glass, 
 Chunekah, 
 The Bark, 
 A. Campbell, 
 E. Duncan, 
 Walking Stick, 
 "White Path, 
 John Watts, 
 Sleeping Rabbit, 
 George Chambers, 
 
 RICHARD TAYLOR, 
 
 President of the Committee* 
 
 William Boling, 
 Thomas Foreman 
 Joseph Vann, 
 David Vann, 
 John Timson, 
 Saml. Gunter, 
 
 ^ 
 
 ! i 
 I* 
 
 
 GOING SNAKE, 
 
 Speaker of Council 
 
 Tah quoh, 
 
 Soft Shell Turtle, 
 
 Bean Stick, 
 
 Tesataskee, 
 
 James Foster, 
 
 Chuwalookee, y 
 
 Charles, 
 
 John Wayne, 
 
 Situakee, 
 
 Peter, and 
 
 Sweet Water, 
 
 GEORGE LOWRY, 
 Jisssistant Principal Chief. 
 
 GKO. M. WATERS, 
 
 MAJOR RIDGE, 
 
 Executive Council, 
 
 > 
 
 A. McCoy, Clerk to Council. 
 
21 [ 386 ] 
 
 In General Council at Red Clay, C. N., 
 
 October 31, 1833. 
 
 Sir: We take occasion to report through you, for the information of the 
 President of the United States, that Mr. John Ross, the principal 
 chief of this nation, together with Messrs. Richard Taylor, Daniel 
 McCoy, Hair Conrad, and John Timson, are delegated to represent this 
 nation on a mission before the Government of the United States at Wash- 
 ington city, at the next session of Congress, " on all subjects touching the 
 rights and interest of the same, with a view to a final termination of existing 
 difficulties;" and, in order to meet the expenses of said delegation, we 
 call upon you to pay over to Richard Taylor the sum of thirty-five hundred 
 dollars out of the annuities due to this nation by treaties with the United 
 States; and his receipt for the same will be your sufficient voucher. 
 Very respectfully, 
 
 Your obedient servant, 
 [Signed by the President of the Committee, and Speaker 
 of Council, and members thereof .\ 
 Wm. Rogers, Clerk Committee. 
 \. McCoy, Clerk Council. 
 To CoHI.ugh Montgomery, United Slates' rfgent. 
 
 Red Clay, C. N., October 31, 1S33. 
 
 Sir: You will please to report the within communication to the War De- 
 partment, for the information of the President, without delay. It is ex- 
 pected that the delegation will meet at the agency on the 20th day of 
 December next on their journey to the seat of the General Government. 
 Very respec fully, 
 
 Your obedient servant, 
 
 JOHN ROSS. 
 To Col. Hugh Montgomery, 
 
 United States' Agent. 
 
 Cherokee Agency, December 21, 1S33. 
 
 Sir: On the reception of the resolution of the Cherokee Council, I im- 
 mediately enclosed it to Mr. Herring, Commissioner of Indian Alfa irs, for 
 instructions in relation to the requisition for three thousand five hundred 
 dollars, out of the annuity due to the Cherokees, to pay the expenses of the 
 delegation; and by the last mail I received his answer, directing me to in- 
 form you that the request of the Council to pay Mr. Taylor, one of the 
 delegation, three thousand five hundred dollars out of the annuity money 
 due your nation, could not be granted. 
 
 I also received by the same mail a letter from the Secretary of War, di- 
 recting me to inform you that if you will furnish me with a written authority 
 from your people to treat with the Government upon the principles which 
 have heretofore been made known to them by him, and will state, in writing. 
 
[ 38C. ] £2 
 
 your determination to do so, and will then proceed to Washington and 
 form a treaty accordingly, that your expenses will be paid by the United 
 States. 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 HUGH MONTGOMERY. 
 To Mr. John Ross, 
 
 Principal Chief Cherokee Nation. 
 
 Washington City, Brown's Hotel, 
 
 February 6, 1834, 
 
 Sir: Soon after our arrival in this city, we had the honor of laying be- 
 fore you our credentials from the Cherokee nation, and since that time they 
 have also been laid before the President 
 
 Under your permission and direction, the Commissioner of Indian Af- 
 fairs read, for our information, some of the reports made tc the Department 
 by Benjamin F Curry, the superintendant of the enrolling and emigration 
 business in our country; and it is with regret we are compelled to state 
 that there are some things communicated in those reports respecting the au- 
 thorities of the nation, and the general feeling of the Cherokee people, which 
 are grossly incorrect, and calculated to mislead the minds of the high offi- 
 cers of this Government, and to produce a conviction prejudicial to the 
 character of some of the chiefs; and perhaps it is owing to an impression 
 thus pi cluced that the department felt justified in directing the reply which 
 was communicated through Mr, Robb, on the 20th of June last, to the let- 
 ter of the principal chief of the 22d May, 18:33, transmitting the resolu- 
 tions of the General Council. We have no motive to mislead our people, 
 much less to deceive them. Our motives are influenced by higher consi- 
 derations — the welfare and happiness of our people; and no man who re- 
 spects his own character can rightfully call them in question. 
 
 It is true that we have openly opposed the policy of the Government 
 for the removal of our nation beyond the grea : river Mississippi, because 
 our people were violently opposed to the measure, and it was thought that 
 their best interests would be sacrificed by removing; At the same time, 
 we believed that the faith of the United States was as strongly pledg' d for 
 the protection of our national rights as it was possible for treaty tn bind 
 it; and relying, as we did, on the justice ;md magnanimity of the United 
 States, to fulfil those engagements, we could not hesit te as to 'he course to 
 pursue. Unfortunately, however, a difference of opinion arose between 
 the President of the United States and the Cherokee nation, which llhcited 
 conflicting arguments upon the question at issue; and, finally, the decision 
 made by the Judicial Department of this Government upon that important 
 question was too well known to the country to have escaped the notice of 
 the Cherokee people; yet they have experienced no relief from the deci- 
 sion of that grave question. On the contrary, they have painfully wit- 
 nessed and felt the sad effects of the oppressive power exercised towards 
 them by the State of Georgia, whose legislation in the first place divested 
 them of their national righ's and privileges; secondly, of enjoying the com- 
 mon rights of freemen; thirdly, ot their public domain; and, finally, of the 
 
23 [ 386 ] 
 
 individual right in the soil of their fathers, which, by their own labor and" 
 industry, they have improved and cultivated. The right of property and 
 e^'en the life of the Cherokee, is placed in jeopardy, and are at the mercy 
 of the robber and the assassin. By these acts, the citizen of Georgia is licensed 
 to come into immediate collision with the Cherokee individual, by violence 
 if he chooses, for any and every thing that is sacred to the existence of man 
 upon earth; and the Cherokee is denied the right of appearing before the 
 sanctuary of justice created by law for the redress of wrongs. Without 
 further remarks on this subject, we enclose you herewith a late act of ihe 
 Legislature of Georgia as published in the public papers of that State for 
 the information of the President. We remember, and look to the declara- 
 tions of the President on a former occasion, in reference to the question of 
 protection in the right of occupancy to the lands, and would respectfully 
 call his attention for relief against the operation of the act herewith sub- 
 mitted. We now stand before the American Government as representa- 
 tives of the Cherokee nation, with the view of inducing said Government 
 to act and decide finally upon the grievances of the nation: and permit us to 
 assure you that the resolutions which were adopted by the General Council 
 at Red Clay, on the 20th of iVJay last, and transmitted for the considera- 
 tion of the President, contains the true sentiments of the nation. Under 
 existing circumstances, the questions now presented for determination are, 
 whether the existing treaties between the United States and the Cherokee 
 nation will never be enforced? And, if not, whether we are to be regarded as 
 free agents in the adoption of any arrangement for the termination of existing 
 difficulties? We have received complaints from a source entitled to respect, 
 since our arrival here, that the United States' surveyors, who are engaged in 
 the survey of the lands ceded by the Creek nation to the United States in 
 Alabama, bordering on our boundary, have, or are about, to infringe, upon 
 our territory by extending their surveys into our country north of the 
 line established between the two nations; and thereby many Cherokee 
 families are likely to be injured and turned out of doors. Against this wan- 
 ton proceeding, we would most solemnly protest, and respectfully call the 
 immediate attention of the President to the subject. 
 With great respect, 
 
 Wc have the honor to be, sir, 
 
 'Yowr obedient servants, 
 
 JOHN ROSS. 
 
 R. TAYLOR. 
 
 DANIEL McCOY 
 
 HAIR CONRAD. 
 
 JOHN TIM SON. 
 To the Hon. Lewis Cass, Sec'ry of War. 
 
 War Department, February 13, 1534. 
 
 Gentlemen: I have received your letter of the 6th instant, and, iu 
 answer, have to inform you that so far as the constitutional power of the 
 President extends, he has felt it his duty faithfully to comply with all the 
 obligations which the United States have incurred by treaty with any oi 
 the Indian tribes. 
 
 It seems to be useless at this time t§ review the discussions which have 
 
[ 3S6 ] 24 
 
 heretofore taken place between your people and this department. I am sat- 
 isfied that no practical advantage would result from such a course. You 
 are perfectly aware of the views which' the President has taken of his own 
 duty; nor is there any probability of these undergoing the slightest change. 
 The only remedy which I see .for any inconveniences under which you 
 labor, will be found in the acceptance of the propositions heretofore made 
 j-ou on the part of the Government. These propositions are of the most 
 liberal character, and, if accepted, would place your people in afar better 
 situation than they have been in for many years, or than otherwise they 
 ever can be. 
 
 There is no intention whatever to encroach on your possessions in Ala- 
 bama ; and 1 have transmitted to the Commissioner of the General Land 
 Office an extract from that part of your letter which relates to this subject. 
 If any error has occurred, the Commissioner has power to apply the proper 
 remedy, and I have no doubt but he will do it. 
 Very respectfully, 
 
 Your most obedient servant, 
 
 LEWIS CASS; 
 To Messrs. John Ross, Richard ^aylor, 
 Danl. McCoy, Haik Conrad, 
 John Timson. 
 
 Washington City, Brown's Hot?l, 
 
 March 12, IS 34. 
 
 Honored Sir: The relations of peace and friendship so happily and so 
 long established between the white and the red man by your illustrious 
 predecessors and our beloved chieftains, induces us, as representatives of the 
 Cherokee nation, to address you in the language of our departed sires, and 
 in the character of children — call you father. The appellation in its origi- 
 nal sense carries with it simplicity, and the force of filial regard. By trea- 
 ty, the Cherokee nation, for divers important considerations, acknowledged 
 the Cherokee people to be under the protection of these United States, and 
 of no other sovereign whosoever; and stipulated that they will not hold any 
 treaty with any foreign power, with individual State, or individuals of any 
 State. And the United States, in return, gave assurances of protection, good 
 neighborhood, and the solemn guarantee for the remainder of their lands, 
 not ceded Jorever. From this alliance, the red man very naturally was induc- 
 ed to look upon the Chief Magistrate of this great nation as the guardian of 
 his rights. Hence, the emphatic and endearing appellation "father" was 
 bestowed on him. Under the fostering care and patronage of this Govern- 
 ment, the arts of civilization and christiahization were successfully intro- 
 duced into our nation; and, from the growing intercourse of the good neigh- 
 borhood between the Cherokees and the citizens of bordering States, the 
 progress of improvement soon spread its happy influence over the whole 
 country; thereby exhibiting clearly, by practical demonstration, the force 
 and effects of surrounding circumstances. 
 
 It is not our purpose in this address to go into an argument on the ques- 
 tion of the relations which the Cherokee nation sustain towards the United 
 States, nor to discuss the merits of our rights under them, as have been re- 
 cognized and established by existing treaties. The records of the several 
 departments of this Government, as we humbly conceive, amply testily to, 
 
25 [ 386 ] 
 
 and proclaims them. It is enough for us to know and say to you frankly — 
 fa i her — your Cherokee children are in deep distress, owing to the unnatu- 
 ral and very oppressive acts extended by the illegal hand of their white 
 brethren of the State of Georgia, and other bordering States. By those 
 enacted by Georgia, the property, the liberty* the freedom, and life of the 
 Cherokee are placed in jeopardy, because they are left at the mercy of the 
 white robber and assassin to be taken wilh impunity. No redress of wrongs 
 can the Cherokee receive from the Georgia courts, unless the foul deed be 
 perpetrated in the sight of a white person who may possess sufficient inde- 
 pendence and honesty to testify to the facts in behalf of the injured person. 
 In a word, Georgia has not only surveyed and lotteried off all the Cherokee 
 lands among her citizens within the chartered limits of that State, but she 
 has gone on in her legislation to act on the principle that the Chcrokees are 
 intruders upon her soil, and are liable to be expelled therefrom at her dis- 
 cretion; for such is the fact exhibited b)' the late act we laid before you, 
 and the effects of that law have already been witnessed and felt by some of 
 the Cherokees. Thus it is seen that solemn treaty engagements, made un- 
 der the Constitution of the United States by those departed sages who once 
 sat in the exalted chair you now fill with the Cherokee nation, have been 
 assailed, and are about to be destroyed by a power from a quarter least to 
 have been expected. Our territory within the limits of the other adjoining 
 States are also likely to be overrun by intruders from the several States, as 
 there are already numerous trespassers on Cherokee lands in those sections 
 of the country. Each State being a party, bound by the constitution of the 
 Union, must equally be so in relation to the treaties made under its provi- 
 sions. The power of making treaties having been conceded by the States 
 to the General Government, the Cherokee nation established its alliance 
 with the United States alone, and have ever since faithfully observed and 
 never departed therefrom. It is reasonable to suppose, had Georgia not 
 conceded this power to the General Government, and the Cherokees had 
 preserved their right of treating with whatsoever power they pleased, trea- 
 ties at that early day might have been entered into by the Cherokee nation; 
 witii Georgia upon as favorable principles as those made with the United 
 States However, be this as it may, the Cherokees can now only hang 
 their hopes on the magnanimity and good faith of the United States. And 
 in order to relieve our suffering people from their present distressed situa- 
 tion, we feel it to be our duty to bring the subject immediately before your 
 serious consideration in such a manner, as, in our judgment, the principles of 
 honor and justice will sanction. 
 
 The great body of the Cherokee people having refused and will never 
 voluntarily consent to remove west of the Mississippi. And with the view 
 of harmonizing the good feeling of all the interested parties, and to put an 
 end to the perplexing difficulties which have so unhappily brought distress 
 upon our people, we most respectfully call your particular attention to the 
 following point: Should the Cherokee nation agree to cede to the United 
 States for the use of Georgia a portion of its territory, will the President 
 agree to have the laws and treaties executed and enforced for the effectual 
 protection of the Cherokee nation on the remainder of their territory? And 
 should you be disposed to enter into an arrangement on this basis, you will 
 please to signify it as early at; practicable* To avoid misunderstanding and 
 4 
 

 [ 386 ] 
 
 waste of your time by a personal interview, we have deemed it most proper 
 to communicate these sentiments in writing; and we should be gratified, ii 
 possible, to receive your reply from under your own signature. 
 With great respect, 
 
 We have the honor to be, sir, 
 
 Your obedient humble servant, 
 
 J NO. ROSS. 
 DANL. McCOY. 
 R. TAYLOR. 
 HAIR CONRAD. 
 JOHN TIMSON. 
 To his Excellency, Andrew Jackson,' 
 
 President of the United Slates of America* 
 
 War Department, March 13, 1834. 
 
 Gentlemen: Your letter of the l^th instant, addressed to the President 
 of the United States, has been referred to this department. 
 
 In answer, I have to state to you as I have done before, that little practi- 
 cal advantage would result from reviving the discussions which have been 
 heretofore had between your people and this department. The President 
 Sees and regrets the difficulties in which you are placed, and, as far as his 
 constitutional authority extends, he is willing to afford you such relief as it 
 may be in his power to grant. 
 
 The question respecting your political condition and rights in those States 
 which have extended their laws over your people, is one which is beyond 
 the reach of the President. The most liberal offers have been made you as 
 an inducement to exchange your present residence for one west of the Mis- 
 sissippi, and no doubt remains but this is the best, and in fact the only re- 
 medy to which you can look forward. I am instructed by the President 
 again to say, that he is willing to extend to you the most liberal terms, and 
 to make such an arrangement as will be just in itself, and ought to be satis- 
 factory to you, for the termination of your present embarrassments and for 
 your removal west of the Mississippi. These embarrassments must in- 
 crease, as Tennessee has extended her laws over you, and North Carolina 
 may do the same. The President is exceedingly anxious that an end should 
 be put to the difficulties which are pressing upon your people, and which 
 wili continue 'to oppress, and ultimately destroy them, unless they are ter- 
 minated by a removal. 
 
 Very respectfully, 
 
 Your most obedient servant, 
 
 LEWIS CASS. 
 To Messrs. John Ross, Danl. McCoy, 
 R. Taylor, Hair Conrad, 
 John Tim&on, Washington City. 
 
 Washington City, Brown's Hotel, 
 
 March Z8, 1834. 
 Honored sir: We have received, through the War Department, a reply 
 to the communication which we had the honor to address you on the l£th 
 
27 I 3S6 ] 
 
 instant, disclaiming, on your part, all right of interference with the ques- 
 tion of our political condition and rights, within the limits of ihose States, 
 which have extended tneir laws over our people. And the honorable Se- 
 cretary has thought proper to glance over again the offers which have been 
 made our nation as an inducement to exchange our present residence for one 
 west of the Mississippi. It is enough for us to repeat that our nation have' 
 entirely disagreed in opinion with the Department, in reference to the 
 view taken of the liberality of those offers. The honorable Secretary, 
 however, has informed us, that you have instructed him to say to us, that 
 you are willing to extend to us the most liberal terms, and to make such an 
 arrangement as will be just m itself, and ought to be satisfactory to us, for 
 the termination of our present embarassments, and for our removal west of 
 the Missisippi. We have already assured you, with the utmost, sincerity 
 and truth, that the great body of our people have refused, and will never 
 voluntarily consent to remove west of the Mississippi; and it is on this 
 grave question rests the great difficulty. We cannot, and dare not, lose 
 sight of our political rights which have been recognized and established by 
 the laws and treaties of the United States, for it is on them solely that our 
 security of protection hang; and from the peculiar circumstances of the pain- 
 ful grievances under which our people labor, we were induced to submit, 
 for your serious consideration, the suggestion which we had the honor of 
 laying before you. And now, after further reflection on this momentous 
 question, we have determined once more to address you, and present the 
 s.. bject in another view, lor your further determination; and we would entreat 
 you, by every consideration of honor and truth, to be assured that, in thus 
 submitting this question, we are influenced solely by a desire to secure the 
 permanent welfare and happiness of our people, who dearly love the land 
 of lh< ir fathers, and are devoledly attached to the Government of the Uni- 
 ted Slates Feeble as the Cherokees are, and surrounded by a nation bo 
 powerful as the United States, we cannot but clearly see, that our existence 
 and permanent welfare as a people, must depend upon that relation which 
 will eventually lead to an amalgamation with the population of this great re- 
 public; and as the prospects of securing this object collectively, in our pi e;>ent lo- 
 cation in the character of a Territorial or Slate Government seem to be se- 
 riously opposed, and is threatened by the States which are interested in 
 their own aggrandizement, and as the Cherokees, having refused and will 
 never voluntarily consent to remove west of the Mississippi, we are con- 
 strained, in the most respectful manner, to present the following questions 
 for your decision. 
 
 Will you agree to enter into an arrangement, on the basis of the Chero- 
 kees becoming prospectively citizens of the United States, provided the 
 nation will cede to the United States a portion of its Territory for the use 
 of Georgia? And wdl you agree to have the laws and treaties executed and 
 enforced for the effectual protection of the nation, on the remainder of its 
 Territory for a definite period, with the understanding that, after that peri- 
 od, the Cherokees are to be subjected to the laws of the States within 
 whose limits they may be, and to take an individual standing as citizens 
 thereof, the same as other free citizens of the United States, and to dispose 
 of our surplus lands in such a manner as may be agreed upon Such an 
 arrangement as this, would put an end to all conflicting interests, and se- 
 cure to the Cherokees, time to prepare for the important change of their 
 condition, and enable them, by means of education, to defend their indivi 
 
r 3S6 ] 2S 
 
 dual rights as free citizens against any fraud or violence before the proper 
 tribunals of the country. It is no more than reasonable and just, that am- 
 ple time should be extended to the Cherokee people to prepare for so im- 
 portant a change of their political character, in their native land. No nation 
 of people, emerging from the natural state of man, can ever prosper by an 
 untimely amalgamation with a civilized and refined community. When we 
 look on our own individual condition, and review the circumstances which 
 have placed us in the scale of civilized life, above the condition of others of 
 our fellow countrymen, we cannot but. see that they and their children are all 
 equally capable, under similar circumstances, to rise to the same degree of 
 elevation. It is, therefore, our imperious duty to endeavor to afford them 
 all the advantages possible for their general improvement. Georgia, and 
 the other interested State.*, cannot rightfully oppose such an arrangement, 
 and there can be no doubt they would readily acquiesce in it. The great 
 cause of contention will have been removed, by making certain an object 
 which, under existing treaties at this time to them, is uncertain; and finally, 
 a peaceable and an honorable adjustment of all conflicting interests will have 
 been accomplished. Twenty years have now elapsed since we participated 
 with } T ou in the toils and dangers of war, and obtained a victory over the 
 unfortunate and deluded red foe at Tehopekah, on the memorable 27th 
 March, 1814; that portentous day was shrouded by a cloud of darkness 
 besprinkled with the awful streaks of blood and death. It is in the hour 
 of such times alone, that the heart of man can be truly tested and correctly 
 judged. We were then your friends, and the conduct of man is an index 
 to his disposition. Now, in these days of profound peace? why should the 
 gallant soldiers, who, in time of war, walked hand in hand through blood 
 and carnage, be not still friends ? We answer that we are yet your 
 friends, and we love our people, our country, and the home of the childhood 
 of our departed sires. We have ever enjoyed the rights and liberties of 
 freemen, and God forbid that we should ever live in vassalage to any power. 
 And if we are too weak to live as freemen, it is easier for freemen to die 
 than live as slaves. To afford our people full privilege and satisfaction, if 
 the United States would furnish the necessarv means, and our nation think 
 it proper to appoint an exploring party for the purpose of examining all the 
 countries beyond the Mississippi river, it may be done in addition to the 
 arrangement which we have suggested 
 
 We have the honor to be, sir, 
 Very respectfully, 
 
 Your obedient humble servants, 
 JOHN ROSS. 
 
 RICHARD TAYLOR. 
 
 DANIEL McCOY. 
 
 HAIR CONRAD. 
 
 JOHN TIMSON, 
 To his Excellency, Andrew Jackson. 
 
 President oj the United States 
 
 A NOTE TO THE PRESIDENT. 
 
 The compliments of the Cherokee delegation to the President of the 
 United States, and beg leave to call his attention to the communication 
 
29 
 
 L 8S6 ] 
 
 which they had the honor to address him on the 28th of last month, and to 
 inquire how soon may they expect his definite reply to the same, as they 
 are particularly desirous to terminate the business of their mission with the 
 Government as soon as practicable, that they may return home. Respect- 
 fully sutmitied in behalf of the delegation, by 
 
 JNO. ROSS. 
 Brown's Hotel, Thursday, April 17, 1834. 
 
 War Department, April 18, 1S34. 
 
 Gentlemen : The letter to which you referred, in conversation yester- 
 day, as having been addressed to the President on the 2Sth ultimo, has not 
 been received at this department, but your note of yesterday to the Presi- 
 dent has been transmitted here with his instructions to inform you that my 
 answer of the 13th ult. to your letter of the preceding day contains his 
 views of your affairs generally; he has nothing to add thereto, except to say, 
 that if you have any propositions to make, on the grounds heretofore offered 
 to you connected with your removal, it shall be received and considered 
 without delay. 
 
 Very respectfully, 
 
 Your most obedient servant, 
 
 LEWIS CASS; 
 To Messrs John Ross, Danl. McCoy, 
 R Tatloh, Hair Conrad, 
 John Timson. 
 
 Washington City, April 29, 1834, 
 
 Sir: Your letter of the 18th instant informs us that our communication 
 of the 28th ultimo to the President, has not been received at that Depart- 
 ment, but that our note of the 17th instant to him, has been transmitted 
 there, with his instructions to inform us that your answer of the ] 3th ulti- 
 mo, in reply to ours of the preceding day, contains his views of our af- 
 fairs generally; and that he has nothing to add thereto,except to say that, "if 
 we have any proposition to make, on the grounds heretofore offered to us, 
 connected with our removal, it shall be received and considered without 
 delay." We deem it to be proper and necessary to transmit you herewith 
 a copy of our communication of the 28th of last month to the President, 
 from which you will discover that it does contain suggestions which looks 
 to an arrangement for the adjustment of the difficulties created by the poli- 
 tical measures taken against our nation; and the basis of which, under ex- 
 isting circumstances, is, in our judgment, the only one on which an arrange- 
 ment can be made to shield the Cherokee people from destruction, as it 
 would afford us an opportunity to obtain correct information from personal 
 observations by exploration of all the countries west of the Mississippi ri- 
 ver. And the nation being left free to act, for its welfare and future desti- 
 ny after full information on that subject, would then be prepared to deter- 
 mine finally whether it will be best to remove or to remain. The Govern- 
 
[ 386 ] 
 
 30 
 
 merit ought not, and must not, expect from our nation, the adoption of any 
 measure that will plunge our own people into ruin. We see and know the 
 unhappy situation into which our red brethren, the Creeks and Chickasaws, 
 have placed themselves, by entering into a premature treaty, for the want 
 of light and knowledge. The Cherokee people will never consent to sell 
 their freedom, nor dispose of their heritage in the soil which moulders the 
 bones of their ancestors, for any consideration if it can be avoided. 
 
 The basis on which the last Chickasaw treaty was made, recognizes a 
 principle in regard to the right of soil in the Indian tribes, which have been 
 sanctioned by all former treaties, and confirmed by each branch of this Go- 
 vernment. And there is a passage in the 5th article of the treaty of 27th 
 February, IS 19, whereby the faith of the United States is pledged by the 
 stipulation that "the United States shall remove all white people, who had 
 then, or may thereafter, intrude on the lands reserved for the Cherokees, 
 and to proceed against them according to the provisions of the act passed 
 30th March, 1S02, entitled ' An act to regulate trade and intercourse with 
 the Indian tribes, and to preserve peace on the frontiers. " ' Further, in the 
 act passed on the 2Sih May, 1S30, entitled 'An act to provide for an ex- 
 change of lands with the Indians, residing in any of the States or Territo- 
 ries, and for their removal west of the Mississippi,' there is a proviso in 
 the 7th section thereof, in these words, "that nothing in this act contained, 
 shall be construed as authorizing or directing the violation of existing treaty 
 between the United States and any of the Indian tribes;" here then, it is 
 clearly and unequivocally admitted by the General Government, that the 
 existing treaties ought not, and are not, to be violated. The treaty of 1 SI 9 
 being then and now, is an existing treaty, as well as other preceding ones; 
 the United States are, therefore, imperiously bound in good faith to have 
 them executed. Under every view we have been enabled to take of the 
 subject, we can see no reasonable or just ground why the President should 
 refuse to adjust our embarrassing difficulties, on the basis we have submitted 
 for his further consideration. The compact of 180-', between the United 
 States and Georgia, being a contract to which our nation is not a party, and 
 its fulfilment jesting on the contingency that the United States shall, at 
 their own expense, extinguish, for the use of Georgia, as early as the same 
 can be pear°^,bly obtained, on reasonable terms, the Indian title, &c , most 
 clearly shows that the agreement is conditional; and that there can be no 
 justification for anv departure from its import to affect the rights of our na- 
 tion. Our people being well informed in regard to the country to which 
 the Government has so pressingly urged our removal, and they are fully 
 convinced that it is not such an one as we can ever live in permanently, and 
 there enjoy the blessings of prosperity and happiness. Some of our breth- 
 ren from that region, who are now in the city, have had the candor to as- 
 sure us, that unless the Government would lop off a district of country from 
 the Territory of Arkansas for our accommodation, in case of our removal, 
 that the country already laid oft there for them, would not be adequate to 
 afford us all comfortable : e-idences,&c. : and that there are no other lands with- 
 in the reach of the Government to give in accession to their country which 
 would be worth exchanging for. And have we not already been distinctly 
 told that the Government cannot consent to curtail Arkansas of its Ter- 
 ritorial boundary? Under all those circumstances should the Govern- 
 ment still persist in refusing to adjust our difficulties, on any other basis 
 
31 [ 386 ] 
 
 than that of a removal, we cannot but feel and believe tiiat its object is to 
 force the Cherokee people out of the limits of the Territorial boundary of 
 the United States. 
 
 With great respect, 
 
 We have the honor to be, sir, 
 
 Your obedient humble servants, 
 JOHN ROSS. 
 RICHARD TAYLOR. 
 DANIEL, McCOY. 
 HAIR CONRAD. 
 JOHN TIM SON. 
 To the Hon. Lewis Cass, 
 
 Secretary of War. 
 
 Department op War, 
 Office of Indian Jiff airs, May 1, 1834. 
 
 Gentlemen: I have to acknowledge the receipt of two communications 
 from you, one dated March 28th, addressed to the President, and the other 
 dated April 29th, and addressed to the War Department; and, in answer, to 
 inform you that the difficulties heretofore experienced and explained to you, 
 and wiiich have prevented the adjustment of your unsettled affairs in you? 
 present position, 3 et exist in full force. 
 
 The President does not see the slightest hope of a termination to the em- 
 barrassments under which you labor, but in your removal to the country 
 west of the Mississippi; and he thinks that holding out to you any other 
 expectation would be delusive. 
 
 i It is unnecessary to enter upon the considerations connected with your pre- 
 sent embarrassing condition. These have been so often the subject of dis- 
 cussion, that the views of the President, and the obstacles in the way of an 
 adjustment without a change of position, are fully known to you. And I 
 refer you to your correspondence with this department for a retrospect of 
 the whole matter. 
 
 I assure you, however, as I have done before, that there is every dispo- 
 sition to grant you liberal terms, and that the United States will faithfully 
 compensate you for any just demands you may have against them. 
 Very respectfully, 
 
 I am, gentlemen, 
 
 Your obedient servant, 
 
 ELBERT HERRING. 
 To Messrs. John Ross and Others, 
 
 Cherokees in Washington. 
 
UNIVERSITY OF N.C. AT CHAPEL HILL 
 
 00032205373 
 
 FOR USE ONLY IN 
 THE NORTH CAROLINA COLLECTION 
 
 

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