_Rival delegations headed by Ross and Ridge._--But little else was
done and practically nothing was accomplished until the following
winter. Early in February, 1835, two rival delegations, each claiming
to represent the Cherokee Nation, arrived in Washington. One was
headed by John Ross, who had long been the principal chief and who
was the most intelligent and influential man in the nation. The rival
delegation was led by John Ridge, who had been a subchief and a man of
some considerable influence among his people.[404] The Ross delegation
had been consistently and bitterly opposed to any negotiations having
in view the surrender of their territory and a removal west of the
Mississippi. Ridge and his delegation, though formerly of the same mind
with Ross, had begun to perceive the futility of further opposition
to the demands of the State and national authorities. Feeling the
certainty that the approaching crisis in Cherokee affairs could have
but one result, and perceiving an opportunity to enhance his own
importance and to secure the discomfiture of his hitherto more powerful
rival, Ridge caused it to be intimated to the United States authorities
that he and his delegation were prepared to treat with them upon the
basis previously laid down by President Jackson of a cession of their
territory and a removal west.
Rev. J. F. Schermerhorn was therefore appointed,[405] and instructions
were prepared authorizing him to meet Ridge and his party and to
ascertain on what terms an amicable and satisfactory arrangement could
be made. After the instructions had been delivered to Mr. Schermerhorn,
but before he had commenced the negotiation, Ross and his party
requested to be allowed to make a proposal to be submitted to the
President for his approval. He was assured that his proposal would be
considered, and in the mean time Mr. Schermerhorn was requested to
suspend his operations. So much time, however, elapsed before anything
more was heard from Ross and his party that the negotiations with
the Ridge party were proceeded with. They terminated in a general
understanding respecting the basis of an arrangement, leaving, however,
many of the details to be filled up. The total amount of the various
stipulations provided for, as a full consideration for the cession
of their lands, was $3,250,000, besides the sum of $150,000 for
depredation claims. In addition, a tract of 800,000 acres of land west
of the Mississippi was to be added to the territory already promised
them, amounting in the aggregate, including the western outlet, to
about 13,800,000 acres.[406]
_Proposition of John Ross._--On the 25th of February, Ross and his
delegation, finding that the negotiations with Ridge were proceeding,
submitted a proposition for removal based upon an allowance of
$20,000,000 for the cession of the territory and the payment of a
class of claims of uncertain number and value. This was considered
so unreasonable as to render the seriousness of his proposition
doubtful at the time, but it was finally modified by an assertion of
his willingness to accept such sum as the Senate of the United States
should declare to be just and proper.[407] Thereupon a statement of
all the facts was placed in the hands of Senator King, of Georgia, who
submitted the same to the Senate Committee on Indian Affairs on the 2d
of March. It was not contemplated that any arrangement made with these
Cherokee delegations at this time should be definitive, but that the
Cherokee people should be assembled for the purpose of considering the
subject, and their assent asked to such propositions as they might deem
satisfactory.
_Resolution of United States Senate on John Ross's proposition._--The
Senate gave the matter prompt consideration, and on the 6th of March
the Secretary of War advised Mr. Ross that by a resolution they had
stated their opinion that "a sum not exceeding $5,000,000 should be
paid to the Cherokee Indians for all their lands and possessions
east of the Mississippi River," and he was invited to enter into
negotiations upon that basis, but declined to do so.
_Preliminary treaty concluded with the Ridge party._--The treaty
between Schermerhorn and the Ridge party was thereupon completed with
some modifications and duly signed on the 14th of March, but with the
express stipulation that it should receive the approval of the Cherokee
people in full council assembled before being considered of any binding
force. The consideration was changed to read $4,500,000 and 800,000
acres of additional land, but in the main its provisions differed
but little in the important objects sought to be secured from those
contained in the treaty as finally concluded, December 29, 1835.
_Schermerhorn and Carroll appointed to complete the treaty._--In the
mean time,[408] two days after the conclusion of the preliminary Ridge
treaty, President Jackson issued an address to the Cherokees, inviting
them to a calm consideration of their condition and prospects, and
urging upon them the benefits certain to inure to their nation by the
ratification of the treaty just concluded and their removal to the
western country. This address was intrusted to Rev. J. F. Schermerhorn
and General William Carroll, whom the President had appointed on the
2d of April as commissioners to complete in the Cherokee country the
negotiation of the treaty.
General Carroll being unable on account of ill-health to proceed from
Nashville to the Cherokee Nation, Mr. Schermerhorn was compelled to
assume the responsibilities of the negotiation alone. The entire
summer and fall were spent in endeavors to reconcile differences of
opinion, to adjust feuds among the different factions of the tribe,
and to secure some definitive and consolidated action. Meeting with
no substantial encouragement, he suggested, in a communication to the
Secretary of War,[409] two alternative propositions, by either of which
a treaty might be secured.
These propositions were: (1) That the appraising agents of the
Government should ascertain from influential Cherokees their own
opinion of the value of their improvements, and promise them the
amount, if this estimate should be in any degree reasonable, and if
they would take a decided stand in favor of the treaty and conclude
the same. (2) To conclude the treaty with a portion of the nation
only, should one with the whole be found impracticable, and compel the
acquiescence of the remainder in its provisions.
He was at once[410] advised of the opposition of the President to
any such action. If a treaty could not be concluded upon fair and
open terms, he must abandon the effort and leave the nation to the
consequences of its own stubbornness. He must make no particular
promise to any individual, high or low, to gain his co-operation. The
interest of the whole must not be sacrificed to the cupidity of a few,
and if a treaty was concluded at all it must be one that would stand
the test of the most rigid scrutiny.
_The Ridge treaty rejected._--The Cherokee people in full council at
Red Clay, in the following October, rejected the Ridge treaty. Mr. John
Ridge and Elias Boudinot, who had been the main stay and support of Mr.
Schermerhorn in the preceding negotiations, at this council, through
fear or duplicity and unexpectedly to him, abandoned their support of
his measures and coincided with the preponderance of Cherokee sentiment
on the subject. In his report of this failure to bring the negotiations
to a successful termination Commissioner Schermerhorn says: "I have
pressed Ross so hard by the course I have adopted that although he got
the general council to pass a resolution declaring that they would not
treat on the basis of the $5,000,000, yet he has been forced to bring
the nation to agree to a treaty, here or at Washington. They have used
every effort to get by me and get to Washington again this winter.
They dare not yet do it. You will perceive Ridge and his friends have
taken apparently a strange course. I believe he began to be discouraged
in contending with the power of Ross; and perhaps also considerations
of personal safety have had their influence, but the Lord is able to
overrule all things for good."[411]
_Council at New Echota._--During the session of this council notice was
given to the Cherokees to meet the United States commissioners on the
third Monday in December following, at New Echota, for the purpose
of negotiating and agreeing upon the terms of a treaty. The notice
was also printed in Cherokee and circulated throughout the nation,
informing the Indians that those who did not attend would be counted
as assenting to any treaty that might be made.[412] In the mean time
the Ross delegation, authorized by the Red Clay council to conclude a
treaty either there or at Washington, finding that Schermerhorn had
no authority to treat on any other basis than the one rejected by
the nation, proceeded, according to their people's instructions, to
Washington. Previous to their departure, John Ross was arrested. This
took place immediately upon the breaking up of the council. He was
detained some time under the surveillance of a strong guard, without
any charge against him, and ultimately released without any apology or
explanation. At this arrest all his papers were seized, including as
well all his private correspondence and the proceedings of the Cherokee
council.[413] In accordance with the call for a council at New Echota
the Indians assembled at the appointed time and place, to the number
of only three to five hundred, as reported[414] by Mr. Schermerhorn
himself, who could hardly be accused of any tendency to underestimate
the gathering. That gentleman opened the council December 22, 1835,
in the absence of Governor Carroll, whose health was still such as
to prevent his attendance. The objects of the council were fully
explained, the small attendance being attributed to the influence of
John Ross. It was also suggested by those unfriendly to the proposed
treaty as a good reason for the absence of so large a proportion of the
nation, that the right to convene a national council was vested in the
principal chief, and they were unaware that that officer's authority
had been delegated to Mr. Schermerhorn.[413]
Those present resolved on the 23d to enter into negotiations and
appointed a committee of twenty to arrange the details with the
Commissioner and to report the result to the whole council.
The following five days were occupied by the commissioner and
the committee in discussing and agreeing upon the details of the
treaty, one point of difference being as to whether the $5,000,000
consideration for their lands as mentioned in the resolution of
the Senate was meant to include the damages to individual property
sustained at the hands of white trespassers.
The Indians insisted that $300,000 additional should be allowed for
that purpose, but it was finally agreed that the treaty should not be
presented to the Senate without the consent of their delegation until
they were satisfied the Senate had not included these claims in the
sum named in the resolution of that body. It was also insisted by the
Cherokee committee that reservations should be made to such of their
people as desired to remain in their homes and become citizens of the
United States.
As a compromise of this demand, it was agreed by the United States
commissioner to allow pre-emptions of 160 acres each, not exceeding 400
in number, in the States of North Carolina, Tennessee, and Alabama, to
such heads of Cherokee families only as were qualified to become useful
members of society. None were to be entitled to this privilege unless
their applications were recommended by a committee of their own people
(a majority of which committee should be composed of those members of
the tribe who were themselves enrolled for removal) and approved by
the United States commissioners. The latter also proposed to make the
reservations dependent upon the approval of the legislatures of the
States within which they might be respectively located, but to this
proposition a strenuous objection was offered by the Indians.
The articles as agreed upon were reported by the Cherokee committee to
their people, and were approved, transcribed, and signed on the 29th.
The council adjourned on the 30th, after designating a committee to
proceed to Washington and urge the ratification of the treaty, clothed
with power to assent to any alterations made necessary by the action of
the President or Senate.[415]
_Commissioner Schermerhorn reports conclusion of a
treaty._--Immediately following the adjournment of the council,
Commissioner Schermerhorn wrote the Secretary of War, saying: "I have
the extreme pleasure to announce to you that yesterday I concluded a
treaty. * * * Ross after this treaty is prostrate. The power of the
nation is taken from him, as well as the money, and the treaty will
give general satisfaction."[416]
_Supplemental treaty concluded._--Several provisions of the treaty
met with the disapproval of the President, in order to meet which
supplementary articles of agreement were concluded under date of March
1, 1836,[417] wherein it was stipulated that all pre-emption rights
provided for should be declared void; also that, in lieu of the same
and to cover expenses of removal and payment of claims against citizens
of the United States, the sum of $600,000 should be allowed them in
addition to the five millions allowed for cession of territory. And,
furthermore, that the $100,000 stipulated to be expended for the poorer
class of Cherokees who should remove west should be placed to the
credit of the general national fund.[418]
_Opposition of the Ross party._--Whilst these events were happening,
and strenuous efforts were being made to encourage among Senators a
sentiment favorable to the ratification of the treaty, John Ross was
manifesting his usual zeal and activity in the opposite direction.
Early in the spring of 1836 he made his appearance in Washington,
accompanied by a delegation, and presented two protests against the
ratification of the treaty, one purporting to have been signed by
Cherokees residing within the limits of North Carolina to the number
of 3,250, and the other representing the alleged sentiments of 12,714
persons residing within the main body of the nation. Mr. Ross also
demanded the payment of the long withheld annuities to himself as
the duly authorized representative of the nation, which was declined
unless special direction to that effect should be given by an authentic
vote of the tribe from year to year. He was further assured that the
President had ceased to recognize any existing government among the
Eastern Cherokees.[419]
_Treaty ratified by United States Senate._--In spite of the opposition
of Mr. Ross and his party, the treaty was assented to by the Senate by
one more than the necessary two-thirds majority,[420] and was ratified
and proclaimed by the President on the 23d of May, 1836.[421] By its
terms two years were allowed within which the nation must remove west
of the Mississippi.
_Measures for execution of the treaty._--Preparatory steps were
promptly taken for carrying the treaty into execution. On the 7th of
June Gov. Wilson Lumpkin, of Georgia, and Gov. William Carroll, of
Tennessee, were designated as commissioners under the 17th article,
and vested with general supervisory authority over the execution of
the treaty. The selection and general supervision (under the foregoing
commissioners) of the agents to appraise the value of Cherokee
improvements was placed in charge of Benjamin F. Curry, to whom
detailed instructions were given[422] for his guidance. General John
E. Wool was placed in command of the United States troops within the
Cherokee Nation, but with instructions[423] that military force should
only be applied in the event of hostilities being commenced by the
Cherokees.
_The Ross party refuse to acquiesce._--John Ross and his delegation,
having returned home, at once proceeded to enter upon a vigorous
campaign of opposition to the execution of the treaty. He used every
means to incite the animosity of his people against Ridge and his
friends, who had been instrumental in bringing it about and who were
favorable to removal. Councils were held and resolutions were adopted
denouncing in the severest terms the motives and action of the United
States authorities and declaring the treaty in all its provisions
absolutely null and void.[424] A copy of these resolutions having
been transmitted to the Secretary of War by General Wool, the former
was directed[425] by the President to express his astonishment that
an officer of the Army should have received or transmitted a paper so
disrespectful to the Executive, to the Senate, and through them to
the people of the United States. To prevent any misapprehension on
the subject of the treaty the Secretary was instructed to repeat in
the most explicit terms the settled determination of the President
that it should be executed without modification and with all the
dispatch consistent with propriety and justice. Furthermore, that after
delivering a copy of this letter to Mr. Ross no further communication
should be held with him either orally or in writing in regard to the
treaty.
To give a clearer idea of the actual state of feeling that pervaded the
Cherokee Nation on the subject of removal, as well as the character
of the methods that distinguished the negotiators on the part of the
United States, a few quotations from the letters and reports of those
in a position to observe the passing events may not be inappropriate.