White settlers having for several years preceding, in defiance of
the notification and authority of the General Government, continued
their encroachments and settlement on the "Cherokee neutral land,"
and the Cherokee authorities having made repeated complaints of these
unauthorized intrusions, measures were taken to remove the cause of
complaint. Notice was therefore given to these settlers in the winter
of 1859, requiring them to abandon the lands, by the 1st of April
following. No attention was paid to the notice, but the settlers went
on and planted their crops as usual. The newly appointed Cherokee
agent, having failed to reach his agency until late in the spring,
proceeded to the neutral land in August, and again notified the
trespassers to remove within thirty-five days. To this they paid no
more heed than to the first notification. Some two months later,[551]
therefore, the agent, accompanied by a detachment of United States
dragoons, under command of Captain Stanley, marched into the midst of
the settlers and again commanded their immediate removal. Upon their
refusal to comply he adopted the plan of firing their cabins, which
soon brought them to terms. They proposed that if he would desist in
his forcible measures and withdraw the troops, they would quietly
remove on or before the 25th of November, unless in the mean time they
should receive the permission of the Government to remain during the
winter. This the agent agreed to, and subsequently the permission was
granted them to so remain.
In connection with this subject it appears from the records of the
Department that owing to an error in protracting the northern boundary
of the "neutral land," the line was made to run 8 or 9 miles south of
the true boundary, leaving outside of the reserve as it was marked
on the map, a strip known as the "dry woods," which should have been
included in it; it was generally believed that the "dry woods" was a
part of the New York Indian reservation, on which settlements were
permitted, and as the settlers on that particular portion had gone
there in good faith the agent did not molest them.[552] The Secretary
of the Interior himself expressed the opinion that the "dry woods"
settlers were law abiding citizens and had settled there under a
misapprehension of the facts, and that as they had expended large sums
in opening and improving their farms it would be a great hardship
if they should be compelled to remove. He therefore suspended the
execution of the law as to them until the approaching session of
Congress, in order that they might have an opportunity of applying
to that body for relief. The Cherokees it was well known were anxious
to dispose of the land, and the Secretary declared his intention of
recommending the passage of a law with their consent, providing for the
survey and sale of the "neutral lands," after the manner of disposing
of the public lands, the proceeds to be applied to the benefit of the
Cherokees. The outbreak of the great rebellion so soon thereafter,
however, precluded the consummation of this proposed legislation.