The removal of the Cherokees having at last been accomplished, the
next important object of the Government was to insure their internal
tranquillity, with a view to the increase and encouragement of those
habits of industry, thrift, and respect for lawfully constituted
authority which had made so much progress among them in their
eastern home. But this was an undertaking of much difficulty. The
instrumentalities used by the Government in securing the conclusion and
approval of not only the treaty of 1835 but also those of 1817 and 1819
had caused much division and bitterness in their ranks, which had on
many occasions in the past cropped out in acts of injustice and even
violence.
Upon the coming together of the body of the nation in their new country
west of the Mississippi, they found themselves torn and distracted by
party dissensions and bitterness almost beyond hope of reconciliation.
The parties were respectively denominated:
1. The "Old Settler" party, composed of those Cherokees who had prior
to the treaty of 1835 voluntarily removed west of the Mississippi, and
who were living under a regularly established form of government of
their own.
2. The "Treaty" or "Ridge" party, being that portion of the nation led
by John Ridge, and who encouraged and approved the negotiation of the
treaty of 1835.
3. The "Government" or "Ross" party, comprising numerically a large
majority of the nation, who followed in the lead of John Ross, for many
years the principal chief of the nation, and who had been consistently
and bitterly hostile to the treaty of 1835 and to any surrender of
their territorial rights east of the Mississippi.
Upon the arrival of the emigrants in their new homes, the Ross party
insisted upon the adoption of a new system of government and a code
of laws for the whole nation. To this the Old Settler party objected,
and were supported by the Ridge party, claiming that the government
and laws already adopted and in force among the Old Settlers should
continue to be binding until the general election should take place in
the following October, when the newly elected legislature could enact
such changes as wisdom and good policy should dictate.[454] A general
council of the whole nation was, however, called to meet at the new
council-house at Takuttokah, having in view a unification of interests
and the pacification of all animosities. The council lasted from
the 10th to the 22d of June, but resulted in no agreement. Some six
thousand Cherokees were present. A second council was called by John
Ross for a similar purpose, to meet at the Illinois camp-ground on the
1st of July, 1839.[455]
_Murder of Boudinot and the Ridges._--Immediately following the
adjournment of the Takuttokah council three of the leaders of the
Treaty party, John Ridge, Major Ridge his father, and Elias Boudinot
were murdered[456] in the most brutal and atrocious manner. The
excitement throughout the nation became intense. Boudinot was murdered
within 300 yards of his house, and only 2 miles distant from the
residence of John Ross. The friends of the murdered men were persuaded
that the crimes had been committed at the instigation of Ross, as it
was well known that the murderers were among his followers. Ross's
friends, however, at once rallied to his protection and a volunteer
guard of six hundred patrolled the country in the vicinity of his
residence.[457]
A number of the chiefs and prominent men of the Old Settler and Ridge
parties fled to Port Gibson for safety. From there on the 28th of
June, John Brown, John Looney, John Rogers, and John Smith, signing
themselves as the executive council of the Western Cherokees, addressed
a proposition to John Ross to send a delegation of the chiefs and
principal men of his party with authority to meet an equal number of
their own at Fort Gibson, with a view to reach an amicable agreement
between the different factions. Ross responded[458] by inviting them
to meet at the council convened upon his call on the 1st of July,
which was declined. A memorial was thereupon[459] addressed to the
authorities of the United States by Brown, Looney, and Rogers as
chiefs of the Western Cherokees, demanding protection in the territory
and government guaranteed to them by treaty. Against this appeal the
Ross convention or council in session at Illinois camp-ground filed a
protest.[460] Between the dates of the appeal and the protest a part
of the Old Settlers, acting in concert with Ross and his adherents,
passed resolutions[461] declaratory of their disapproval of the conduct
of Brown and Rogers, and proclaimed their deposition from office as
chiefs. Looney escaped deposition by transferring his fealty to the
Ross party.
_Unification of Eastern and Western Cherokees._--It is proper to remark
in this connection that on the 12th of July the Ross council adopted
resolutions uniting the Eastern and the Western Cherokees "into one
body politic under the style and title of the Cherokee Nation." This
paper, without mentioning or referring to the treaty of 1835, speaks
of the late emigration as constrained by the force of circumstances.
The council also passed[462] a decree, wherein after reciting the
murders of the Ridges and Boudinot, and that they in conjunction
with others had by their conduct rendered themselves liable to the
penalties of outlawry, extended to the survivors a full amnesty for
past offenses upon sundry very stringent and humiliating conditions.
They also passed[463] a decree condoning the crime of the murderers,
securing them from any prosecution or punishment by reason thereof,
and declaring them fully restored to the confidence and favor of the
community.
_Treaty of 1835 declared void._--At a council held at Aquohee Camp a
decree was passed on the 1st of August, declaring the treaty of 1835
void, and reasserting the Cherokee title to their old country east of
the Mississippi. Later in the same month a decree was passed,[464]
citing the appearance before them, under penalty of outlawry, of the
signers of the treaty of 1835, to answer for their conduct. This act
called forth[465] a vigorous protest from General Arbuckle, commanding
Fort Gibson, and was supplemented by instructions[466] to him from the
Secretary of War to cause the arrest and trial of Ross as accessory to
the murder of the Ridges in case he should deem it wise to do so.
_Constitution adopted by the Cherokee Nation._--A convention summoned
by Ross and composed of his followers, together with such members of
the Treaty and Old Settler parties as could be induced to participate,
convened and remained in session at Tahlequah from the 6th to the 10th
of September, 1839. This body adopted a constitution for the Cherokee
Nation, which was subsequently accepted and adopted by the Old Settlers
or Western Cherokees in council at Fort Gibson on the 26th of the
following June, and an act of union was entered into between the two
parties on that date.
_Division of Cherokee territory proposed._--A proposition had been
previously[467] submitted by the representatives of the Treaty and
Old Settler parties, urging as the only method of securing peace the
division of the Cherokee domain and annuities. They recommended that
General Arbuckle and Captain Armstrong be designated to assign to them
and to the Ross party each their proportionate share according to their
numbers, but the adoption of this act of union avoided any necessity
for the further consideration of the proposal. As a means also of
relieving the Cherokees from further internal strife, General Arbuckle
had,[468] pursuant to the direction of the Secretary of War, notified
them that, in consequence of his public acts, John Ross would not be
allowed to hold office in the nation, and that a similar penalty was
denounced against William S. Coody for offensive opinions expressed in
the presence of the Secretary of War.[469] Little practical effect was
however produced upon the standing or influence of these men with their
people.
Skeptical of the sincerity of the promises of peace and good feeling
held out by the act of unification, John Brown, a noted leader and
chief of the Old Settler Cherokees, in conjunction with many of his
followers, among whom were a number of wandering Delawares, asked and
obtained permission from the Mexican Government to settle within the
jurisdiction of that power, and they were only persuaded to remain by
the earnest assurances of the Secretary of War that the United States
could and would fully protect their interests.[470]