In the latter part of the winter of 1862 and early spring of 1863
the military authorities conceived the propriety of returning the
refugee Cherokees to their homes in time to enable them to plant their
spring crops. Two military expeditions were organized, one to move
from Springfield, Mo., under the command of General Blunt, and the
other from Scott's Mills, in charge of Colonel Phillips.[581] The
Indians were furnished with the necessary agricultural implements,
seeds, etc., and were promised complete protection from the incursions
of their enemies. The refugees, in charge of Indian Agent Harlan,
set out for their homes a week after the army had marched, reaching
Tahlequah in safety, and immediately scattering themselves throughout
the country engaged busily in planting their crops. Their labors had
only fairly commenced when they were alarmed by the reported approach
of Stand Watie and his regiment of Confederate Cherokees. The Indians
immediately suspended their labors, and, together with the troops under
Colonel Phillips, were compelled to take refuge in Fort Gibson. Their
numbers were, as reported by the superintendent, now increased to
upwards of six thousand, by the addition of many who, up to this time,
had remained at their homes. The troops of Stand Watie, alleged to
number some seven hundred, scoured the country at their pleasure, and
not only everything of value that had previously escaped confiscation
in the nation, but everything that had been brought back with them by
the refugees to aid in their proposed labors, was either carried off
or destroyed. The failure of these expeditions in accomplishing the
objects for which they were organized rendered it necessary that the
refugees should be fed and maintained at Fort Gibson, some 200 miles
distant from the base of supplies. This situation of affairs remained
practically unchanged until the close of the war, except that the
number of destitute Indians requiring subsistence from the Government
increased to sixteen or seventeen thousand. The United States forces
continued to occupy Forts Smith and Gibson, and the Indians were
thus enabled to cultivate, to a limited extent, the lands within the
immediate protection of those posts, but their country was infested
and overrun by guerrillas, who preyed upon and destroyed everything
of a destructible character. There was no portion of country within
the limits of the United States, perhaps, that was better suited to
the demands of stock-raising, and the Cherokees had, prior to the
war, entered largely into this pursuit. Many of them were wealthy and
numbered their herds by hundreds and even thousands of head. Almost
the entire nation was surrounded by all the comforts and many of the
luxuries of a civilized people. When they were overwhelmed by the
disasters of war, and saw the labors and accumulations of more than
twenty years' residence in that pleasant and fruitful country swept
away in a few weeks, the sullen bitterness of despair settled down upon
them. Their losses in stock alone aggregated, according to the best
estimates, more than 300,000 head. Is it any wonder that the springs of
hope should dry up within their breasts?
[Footnote 475: United States Statute at Large, Vol. IX, p. 871.]
[Footnote 476: May 6, 1844.]
[Footnote 477: May 30, 1844.]
[Footnote 478: Letter of Secretary of War to Commissioners Jones and
Butler, October 18, 1844.]
[Footnote 479: October 18, 1844.]
[Footnote 480: Letter of General Jones to Commissioner of Indian
Affairs, November 17, 1844.]
[Footnote 481: He was one of the chiefs of the Arkansas delegation who
signed the treaty of May 6, 1828. (See United States Statutes at Large,
Vol. VII, p. 314.)]
[Footnote 482: Letters of September 12 and November 23, 1844, from
Agent Butler to Commissioner of Indian Affairs.]
[Footnote 483: Letter of Commissioner Indian Affairs to Agent Butler,
January 17, 1845.]
[Footnote 484: Letter of Oo-no-leh to Agent Butler, May 15, 1845.
Guess left a widow, a son, and two daughters. Hon. T. L. McKenny, in
a letter to the Secretary of War, December 13, 1825, says: "His name
is Guess, and he is a native and unlettered Cherokee. Like Cadmus, he
has given to the people the alphabet of their language. It is composed
of eighty-six characters, by which in a few days the older Indians
who had despaired of deriving an education by means of the schools
* * * may read and correspond." Agent Butler, in his annual report for
1845, says: "The Cherokees who cannot speak English acquire their own
alphabet in twenty-four hours."]
[Footnote 485: September 1, 1845.]
[Footnote 486: October 22, 1845.]
[Footnote 487: November 12, 1845. They explored up the valley of Stone
Fort Creek a distance of 30 miles.]
[Footnote 488: Report of the exploring party to their council.]
[Footnote 489: January 19, 1846.]
[Footnote 490: Letter to the President, February 10, 1846.]
[Footnote 491: Letter to the Secretary of War, February 12, 1846.]
[Footnote 492: April 2, 1846.]
[Footnote 493: Letter of Agent McKissick to Commissioner Indian
Affairs, May 12, 1846, and General Arbuckle to Adjutant-General, April
28, 1846.]
[Footnote 494: Report of Agent McKissick July 4, 1846.]
[Footnote 495: Commissioner Indian Affairs to Maj. William Armstrong,
June 24, 1846.]
[Footnote 496: July 6, 1846.]
[Footnote 497: United States Statutes at Large, Vol. IX, p. 871.]
[Footnote 498: The subject of the North Carolina Cherokee interests was
also referred to this commission July 13, 1846.]
[Footnote 499: Report of Commissioner Indian Affairs to Secretary
Interior, January 20, 1855.]
[Footnote 500: Second Comptroller of the Treasury to Commissioner of
Indian Affairs, February 6, 1849.]
[Footnote 501: United States Statutes at Large, Vol. VII, p. 478.]
[Footnote 502: United States Statutes at Large, Vol. V, p. 241.]
[Footnote 503: United States Statutes at Large, Vol. IX, p. 339.]
[Footnote 504: December 3, 1849.]
[Footnote 505: United States Statutes at Large, Vol. IX, p. 572.]
[Footnote 506: September 5, 1850.]
[Footnote 507: United States Statutes at Large, Vol. IX, p. 556.]
[Footnote 508: Ibid., p. 871.]
[Footnote 509: United States Statutes at Large, Vol. VII, p. 156.]
[Footnote 510: Ibid., p. 195.]
[Footnote 511: Ibid., p. 311.]
[Footnote 512: Ibid., p. 478.]
[Footnote 513: Ibid., p. 414.]
[Footnote 514: United States Statutes at Large, Vol. IX, p. 556.]
[Footnote 515: September 22, 1851.]
[Footnote 516: November 22, 1875.]
[Footnote 517: April 28, 1877, November 20, 1880, November 17, 1881,
and October 13, 1882.]
[Footnote 518: United States Statutes at Large, Vol. XXII, p. 328.]
[Footnote 519: January 31, 1883.]
[Footnote 520: See Senate Executive Document No. 14, Forty-Eighth
Congress, 1st session.]
[Footnote 521: March 16, 1835.]
[Footnote 522: Letter of John Mason, Jr. to Secretary of War, September
25, 1837.]
[Footnote 523: United States Statutes at Large, Vol. V, p. 241.]
[Footnote 524: See report of Second Auditor and Second Comptroller to
Congress, December 3, 1849.]
[Footnote 525: See report of Second Auditor and Second Comptroller to
Congress, December 3, 1849.]
[Footnote 526: November 17, 1851.]
[Footnote 527: November 29, 1851.]
[Footnote 528: After reciting in detail the "forced" circumstances
through which those treaties were brought about, they declared--
1. That no adequate allowance had been made for the sums taken from the
treaty fund of 1835 for removal; that though an appropriation had been
made, the estimates upon which it was based were too small, and the
balance was taken out of the Indian fund.
2. That if allowable in any sense, the Government had no right to take
from the Cherokee fund an expense for removal greater than the limit
fixed by the eighth article of the treaty of 1835.
3. That the alternative of receiving for subsistence $33.33, as
provided for in the treaty of 1835, was refused to be complied with and
their people forced to receive rations in kind at double the cost.
4. That the cost of the rations issued by the commandant at Fort Gibson
to "indigent Cherokees" was improperly charged to the treaty fund,
without legal authority.
5. That the United States was bound to reimburse the amount paid to
some two or three hundred Cherokees who emigrated prior to 1835, but
who were refused a participation in the "Old Settler" fund.
6. That the Cherokees who remained in the States of Georgia, North
Carolina, and Tennessee were not entitled to any share in the per
capita fund, inasmuch as they complied with neither of two conditions
of their remaining East; and also because the census of those Cherokees
was believed to be enormously exaggerated.
7. That the sum of $103,000 had been charged upon the treaty fund for
expenses of Cherokees in Georgia during three months they were all
assembled and had reported themselves to General Scott as ready to take
up their emigration march.
8. That interest should be paid on the balance found due them from
April 15, 1851, until paid, Congress having no power to abrogate the
stipulations of a treaty.
9. That $20,000 of the funds of the emigrant Cherokees were taken to
pay the counsel and agents of the Old Settler party without authority.]
[Footnote 529: United States Statutes at Large, Vol. IX, p. 264.]
[Footnote 530: Commissioner of Indian Affairs to Secretary of Interior,
February 10, 1874.]
[Footnote 531: November 20, 1851.]
[Footnote 532: United States Statutes at Large, Vol. X, p. 700.]
[Footnote 533: The fourth section of this same act made provision
that the eighth section of the act of July 31, 1854 (United States
Statutes at Large, Vol. X, pp. 315), authorizing the payment of per
capita allowance to Cherokees east of the Mississippi, be so amended
as to authorize the payment of all such Cherokees as, being properly
entitled, were omitted from the roll of D. W. Siler from any cause
whatever.]
[Footnote 534: United States Statutes at Large, Vol. XVIII, p. 447.]
[Footnote 535: United States Statutes at Large, Vol. XV, p. 228.]
[Footnote 536: United States Statutes at Large, Vol. XVI, p. 362.]
[Footnote 537: This balance, amounting in the aggregate (with interest)
to $7,242.76, was paid April 3, 1875.]
[Footnote 538: United States Statutes at Large Vol. XVIII, p. 447.]
[Footnote 539: A short time prior (September 11, 1874) to the filing of
the award of the arbitrators in the case of the Indians _vs._ Thomas,
an agreement was made between the parties in interest to refer certain
matters of dispute between Thomas and Johnston to the consideration and
determination of the same arbitrators. As the result of this reference
an award was made which showed that there was due from Thomas to
Johnston upon three several judgments the sum of $33,887.11. Upon this
sum, however, credits to the amount of $15,552.11 (including the $6,500
with interest paid to Johnston by the Cherokees under contract of
September, 1869) were allowed, leaving the net amount due to Johnston
$18,335, which sum he was entitled to collect with interest until
paid, together with the costs taxed in the three judgments aforesaid.
The arbitrators further found that Johnson held sheriff's deeds for
considerable tracts of land which had been sold as the property of
Thomas and which were not included among the lands held by him in
trust for the Indians. These tracts Johnston had bought in by reason
of clouds upon the title and "forbiddals" of the sales at a merely
nominal figure. It was therefore declared that these sheriffs' deeds
should be held by Johnston only as security for the payment of the
balance due him on the judgments in question and for the costs taxed
on each. It was further directed that Terrell and Johnston should make
sale of so much of the lands embraced in the sheriff's deeds alluded to
(excluding those awarded to the Cherokee Indians either as a tribe or
as individuals) as would produce a sum sufficient to satisfy the above
balance of $18,335 with interest and costs.
Following this award of the arbitrators Mr. Johnston submitted a
proposition for the transfer and assignment of these judgments to the
Eastern Band of Cherokees. Based upon this offer, the Commissioner of
Indian Affairs reported to the Secretary of the Interior June 2, 1875,
that the interests of the Indians required the acceptance of Johnston's
proposition. This recommendation was confirmed by William Stickney,
of the President's board of Indian commissioners, in a report to that
body. Mr. J. W. Terrell, on behalf of the Eastern Cherokees, as well
as their agent, W. C. McCarthy, joined in urging the acceptance of the
proposal.
Supported by these opinions and recommendations, the Secretary of the
Interior, on the 3d of June, 1875, authorized the purchase of the
Johnston judgments, and two days later a requisition was issued for
the money, and instructions were given to Agent McCarthy to make the
purchase.
Under these instructions as subsequently modified (June 9, 1875),
Agent McCarthy reported (July 27, 1875) the purchase of the
judgments, amounting in the aggregate, including interest and costs,
to $19,245.53, and an assignment of them was taken in the name of
the Commissioner of Indian Affairs in trust for the Eastern Band of
Cherokee Indians of North Carolina.
From investigations and reports afterward made by Inspectors Watkins
and Vandever, it appears that there was much uncertainty and confusion
as to the actual status of these lands. The latter gentleman reported
(April 10, 1876) that the second award made by the arbitrators was a
private affair between Thomas and Johnston and was entirely separate
and distinct from the first award in the case of the Indians. He also
reported that, despite the purchase of the Johnston judgments by the
Indian Department in trust for the Indians, the two commissioners
named in the second award proceeded to sell the lands upon which these
judgments were a lien, and at the November, 1875, term of the court
made a report of their proceedings, which was affirmed by the court.
Taking into consideration all these complications, it was recommended
by Inspector Vandever that an agent or commission be appointed, if the
same could be done by consent of all parties, who should assume the
duty of appraising the lands affected by the Johnston judgments, and
that such quantity of the lands be selected for the Cherokees as would
at such appraisal equal in value the amount of the judgments, interest,
and costs, after which the remainder of the lands, if any, should be
released to Mr. Thomas. The representatives of Thomas and Johnston
also submitted a proposition for adjustment to the Indians, who by
resolution of their council (March, 1876) agreed to accept it. In the
light of this action and of the recommendation of Inspector Vandever,
Congress passed an act (August 14, 1876) authorizing the Commissioner
of Indian Affairs to receive in payment of the amount due to the
Indians on the Johnston judgments owned by them a sufficient quantity
of the Thomas lands to satisfy, at the appraised value, the amount of
such judgments, and to deed the lands thus accepted to the Eastern Band
of Cherokees in fee simple.
The commissioner of appraisal appointed and acting under this act of
Congress, and under the supervision of Inspector Watkins, selected
15,211.2 acres, the appraised value of which was $20,561.35, being the
exact amount, including interest and costs, due upon the judgments up
to October 7, 1876, the date of appraisal.
Thereupon a deed (known as the Watkins deed) was executed by the
parties representing the Johnston and Thomas interests, conveying the
lands so selected to the Commissioner of Indian Affairs in the manner
directed by the act of Congress, which deed it was agreed should be
supplemented by a new one so soon as a more definite description could
be given of the lands after survey. The surveys were made by M. S.
Temple, who also surveyed the Qualla boundary tract, a deed for which
latter tract (known as the Brooks deed) was executed direct to the
Eastern Band of North Carolina Cherokee Indians, and the supplemental
deed spoken of above was also executed. Sundry difficulties and
complications have continued from time to time to arise in connection
with the affairs of these Indians, and as the most effective measure
of protection to their interests the Commissioner of Indian Affairs
has suggested (April 26, 1882) to Congress the advisability of placing
the persons and property of these people under the jurisdiction of
the United States district court for the western district of North
Carolina.]
[Footnote 540: February 17 and March 17, 1853.]
[Footnote 541: March 26, 1853.]
[Footnote 542: This protest bore date of November 9, 1853, and was
filed by Edwin Follin, as their attorney or representative.]
[Footnote 543: September 21, 1853.]
[Footnote 544: November 22, 1853.]
[Footnote 545: Letter of Agent Butler, dated November 30, 1853.]
[Footnote 546: Annual report of Agent Butler for 1854.]
[Footnote 547: The delegation submitted these propositions in a
communication to the Commissioner of Indian Affairs, dated December 28,
1854.]
[Footnote 548: Annual report of Agent Butler for 1855.]
[Footnote 549: Annual report of Agent Butler for 1857.]
[Footnote 550: Annual report of Agent Butler for 1858.]
[Footnote 551: October 10, 1860.]
[Footnote 552: See reports of Agent Cowart in November, 1860, in Indian
Office report of 1860, pp. 224, 225.]
[Footnote 553: January 1, 1860.]
[Footnote 554: Letter of Agent R. J. Cowart to Commissioner Indian
Affairs, September 8, 1860.]
[Footnote 555: Letter of S. W. Butler, published in Philadelphia North
American, January 24, 1863.]
[Footnote 556: Letter of General Albert Pike to Commissioner of
Indian Affairs, February 17, 1866, published in pamphlet report of
Commissioner of Indian Affairs to the President, bearing date June 15,
1866.]
[Footnote 557: Letter of S. W. Butler, in Philadelphia North American,
January 24, 1863, and letter of General Albert Pike to Commissioner of
Indian Affairs, February 17, 1866.]
[Footnote 558: Letter of Albert Pike, February 17, 1866. The delegates
representing the "Southern Cherokees," in their statement to the United
States commissioners at the Fort Smith conference, September 16, 1865,
say: "Years before the war one portion of the Cherokees was arrayed in
deadly hostility against the other; a secret organized society called
the 'Pins,' led by John Ross and Rev. Jones, had sworn destruction to
the half-bloods and white men of the nation outside this organization,"
etc.]
[Footnote 559: Early in June, 1861.]
[Footnote 560: Letter of General Albert Pike to Commissioner of Indian
Affairs, February 17, 1866.]
[Footnote 561: Ibid.]
[Footnote 562: June 12, 1861.]
[Footnote 563: June 17, 1861.]
[Footnote 564: According to the message of John Ross, as principal
chief to the Cherokee national council, October 9, 1861, this
convention was held on the 21st of August, 1861.]
[Footnote 565: Pike's letter to Commissioner of Indian Affairs,
February 17, 1866.]
[Footnote 566: Pike's letter to Commissioner of Indian Affairs,
February 17, 1866. These treaties were concluded on the following dates
respectively: Creek, July 10; Choctaw and Chickasaw, July 12; Seminole,
August 1; Shawnees, Delawares, Wichitas, and affiliated tribes resident
in leased territory, and Comanches, August 12, 1861.]
[Footnote 567: The treaty with the Osages was concluded October 2, that
with the Senecas and Shawnees on the same day, and also that with the
Quapaws. (See Report Commissioner of Indian Affairs for 1865, p. 318.)]
[Footnote 568: The text of this treaty was reprinted for the use of the
United States treaty commissioners in 1866.]
[Footnote 569: August, 1861. See letter of Commissioner of Indian
Affairs to the President, June 15, 1866.]
[Footnote 570: General Albert Pike in his letter of February 17, 1866,
speaks of being escorted from Fort Gibson to Park Hill on his way to
conclude the treaty of October 7, 1861, by eight or nine companies of
Colonel Drew's regiment, which had been previously raised as a home
guard by order of the national council.]
[Footnote 571: This address (printed as document No. 7, accompanying
the letter of Commissioner of Indian Affairs to the President, June 15,
1866) bears date of December 19, 1862. This is an evident typographical
error for 1861, because the address was in the nature of a censure upon
the regiment for its defection on the eve of a battle with the forces
of O-poth-le-yo-ho-lo, the loyal Creek leader. This battle occurred at
Bushy or Bird Creek, December 9, 1861, and before the expiration of
another year Ross had left the Cherokee country under the escort of
Colonel Weir.]
[Footnote 572: Greeley's American Conflict, Vol. II, p. 32; also,
Report of Commissioner of Indian Affairs, June 15, 1866, and numerous
other official documents.]
[Footnote 573: Report of Commissioner of Indian Affairs to the
President, June 15, 1866, p. 10.]
[Footnote 574: Letter of General Albert Pike, February 17, 1866; also
letter of T. J. Mackey, June 4, 1866.]
[Footnote 575: Letter of General Albert Pike, February 17, 1866.]
[Footnote 576: Commissioner of Indian Affairs to the President, June
15, 1866.]
[Footnote 577: Ibid.]
[Footnote 578: Letter of John Ross to O-poth-le-yo-ho-lo, September 19,
1861.]
[Footnote 579: Report of Agent Cutler and Superintendent Coffin for
1862. See pages 135 and 138 of the Report of the Commissioner of Indian
Affairs for 1862.]
[Footnote 580: April 2, 1863.]
[Footnote 581: Report of Commissioner of Indian Affairs for 1863, p.
24.]