Early in 1866, in accordance with the understanding had at the
adjournment of the Fort Smith council, delegations representing both
factions of the Cherokees proceeded to Washington for the purpose
of concluding some definite articles of agreement with the United
States. They were represented by eminent counsel in the persons of
General Thomas Ewing for the loyal and Hon. D. W. Voorhees for the
Southern element. Many joint interviews and discussions were held in
the presence of Commissioners Cooley, Parker, and Sells, but without
any hopeful results. The bitterness exhibited in these discussions
upon both sides gave but little promise that enmities of more than
twenty years' standing could be subordinated to the demands of a
peaceful and harmonious government. The Southern element, which
numbered about sixty-five hundred, constituted but a minority of the
whole nation. These, with the exception of perhaps two hundred, were
still living in banishment among the Choctaws and Chickasaws, and felt
it would be unsafe to return to their old homes with the Ross party
in full possession of the machinery of government and ready to apply
with severest rigor the enginery of their confiscation law. Their
representatives were therefore instructed to demand, as the only hope
for their future peace and happiness, a division of the Cherokee lands
and funds in proportion to their numbers between the two contending
parties.[594] On the other hand, the representatives of the Ross or
loyal party insisted that there was no good reason existing why the
Southern element should be unable to dwell harmoniously with them in
the same country and under the same laws, which they asserted always
had been and always would be impartially and justly administered, so
far as they were concerned.
A just feeling of national pride would always forbid their consent
to any scheme against the integrity and unity of the whole Cherokee
Nation. But, while they were thus on principle compelled to antagonize
the demand of the Southern faction, yet if that element felt the
impossibility of living comfortably in the midst of their loyal
brethren the latter were willing that the portion of their national
domain known as the Canadian district should be devoted to their sole
occupation and settlement for a period of two years or until the
President of the United States should deem it inadvisable to longer
continue such exclusiveness.[595] To this again the Southern Cherokees
refused assent, because of the insufficient area of the Canadian
district, and because they were unwilling to trust themselves under the
jurisdiction of their enemies' laws and courts.
_Factious conduct of both parties._--Each faction was desirous of
making a treaty with the Government, and each was fearful lest the
United States should recognize the other as the proper party with which
to conclude that treaty. The United States officials were convinced
that the Ross party represented the rightfully constituted authorities
of the nation, and their delegates were thus the only really authorized
persons with whom a treaty could with strict propriety be made. But
they were also convinced that it would be highly improper to conclude
any treaty which should leave the Southern Cherokees in any degree
subject to the malice and revengeful disposition of their enemies. It
was the desire of the United States to secure from the Cherokees a
cession of sufficient land upon which to colonize the Indian tribes
then resident in Kansas. The Southern party therefore agreed to cede
for that purpose all of the Cherokee domain west of 96° west longitude,
and to sell the "neutral land" for the sum of $500,000, provided the
Government would treat with them. The loyal party, however, refused
to cede any territory for purposes of colonization east of 97° west
longitude, and demanded $1,000,000 for the "neutral land," at the same
time assuming that the United States had no right or authority to
entertain any proposition from any other source whatever involving the
disposition of the domain or funds of the Cherokee Nation.[596]
Interviews, consultations, and discussions followed each other in rapid
succession, covering a period of several months, with no apparent
approach toward a final agreement.
_Treaty concluded with Southern Cherokees._--At length the United
States commissioners despairing of success with the loyal element,
concluded a treaty with the Southern party.[597]
Among other things, this treaty provided that a quantity of land equal
to 160 acres for every man, woman, and child, including the freedmen
belonging to the Southern party, and also for each North Carolina
Cherokee who should, within one year, remove and join them, should be
set apart in that portion of their territory known as the Canadian
district, for their sole use and occupancy. In case this district
should afford an insufficient area of land, there should be added a
further tract extending northward and lying between Grand River and
the Creek boundary, and still further northward and westward between
that river and the line of 95° 30' west longitude, or a line as far
west if necessary as 96° west longitude, until the necessary complement
of land, based upon a census of their people, should be secured. It
was further agreed that the Southern Cherokees should have exclusive
jurisdiction and control in the Canadian district, southwest of the
Arkansas River, and of all that tract of country lying northeast of the
Arkansas River and bounded on the east by Grand River, north by the
line of 36° 30' north latitude, and west by 96° of west longitude and
the Creek reservation. In consideration of these things, the Southern
Cherokees ceded absolutely to the United States all other Cherokee
lands owned by them, at such price as should be agreed upon by the
respective parties, whenever the Northern or loyal Cherokees should
agree with the United States to sell the same. The sale of the "neutral
land" was provided for at a sum per acre to be fixed by the President,
which should amount in the aggregate to not less than $500,000. In
all future negotiations with the United States, as in the past, but
one Cherokee Nation should be recognized, but each of the two parties
or divisions should be represented by delegates in proportion to
their respective numbers. All moneys due the nation should be divided
between the parties in the same proportion, and whenever the state
of feeling throughout the nation should become such as by their own
desire to render a complete and harmonious reunion of the two factions
practicable, the United States would consent to the accomplishment of
such a measure.
This treaty was duly signed, witnessed, and transmitted through the
Secretary of the Interior to the President for submission to the Senate
of the United States. The President retained it for more than a month,
when, upon the conclusion of a treaty under date of July 19, 1866,[598]
with the loyal Cherokees, he returned the former to the commissioners
at the time he transmitted the latter instrument to the Senate for the
advice and consent of that body to its ratification.
_Treaty concluded with loyal Cherokees._--The treaty of July 19, though
not filling the full measure of desire on the part of the United
States, and though not thoroughly satisfactory in its terms to either
of the discordant Cherokee elements, was the best compromise that could
be effected under the circumstances, and was ratified and proclaimed
August 11, 1866. It is unnecessary to recite its provisions here, as
a full abstract of them has been given in the preceding pages. Nine
days prior to its conclusion the Secretary of the Interior addressed a
communication to Commissioner Cooley, who was president of the board of
treaty commissioners, reminding him of their action the preceding fall
at Fort Smith in suspending John Ross from his functions as principal
chief, suggesting that the reasons rendering that action necessary
at the time no longer existed, and giving his consent, in case the
commissioners should feel so inclined, to the immediate recognition of
Ross in that capacity.
_Death of John Ross._--The old man was at this time unable, by reason
of illness, to participate in the deliberations concerning the new
treaty,[599] and within a few days thereafter he died. He was in many
respects a remarkable man. Though of Scotch-Indian parentage he was the
champion of the full-blood as against the mixed-blood members of the
nation, and for nearly half a century had been a prominent figure in
all the important affairs of the Cherokee Nation. Notwithstanding his
many opportunities for immense gains he seems to have died a poor man
and his family were left without the necessaries of life. His sixty
slaves, and everything he possessed in the way of houses, stock, and
other like property, were swept away during the war.[600]