With the exception of these questions and complications arising out
of the construction of the various articles of the treaty of July 19,
1866, nothing of an important character has occurred in connection with
the official relations between the Cherokee Nation and the Federal
Government since the date of that treaty.
Their history has been an eventful one. For two hundred years a contest
involving their very existence as a people has been maintained against
the unscrupulous rapacity of Anglo-Saxon civilization. By degrees they
were driven from their ancestral domain to an unknown and inhospitable
region. The country of their fathers was peculiarly dear to them.
It embraced the head springs of many of the most important streams
of the country. From the summit of their own Blue Ridge they could
watch the tiny rivulets on either side of them dashing and bounding
over their rocky beds in their eagerness to join and swell the ever
increasing volume of waters rolling toward the Atlantic Ocean or the
Gulf of Mexico: the Tennessee and the Cumberland, the Kanawha and the
Kentucky, the Peedee and the Santee, the Savannah and the Altamaha,
the Chattahoochee and the Alabama, all found their beginnings within
the Cherokee domain. The bracing and invigorating atmosphere of their
mountains was wafted to the valleys and low lands of their more distant
borders, tempering the heat and destroying the malaria. Much of their
country was a succession of grand mountains, clothed with dense
forests; of beautiful but narrow valleys, and extensive well watered
plains. Every nook and corner of this vast territory was endeared to
them by some incident of hunter, warrior, or domestic life. Over these
hills and through the recesses of the dark forests the Cherokee hunter
had from time immemorial pursued the deer, elk, and buffalo. Through
and over them he had passed on his long and vengeful journeys against
the hated Iroquois and Shawnee.
The blood of his ancestors, as well as of his enemies, could be
trailed from the Hiwassee to the Ohio. The trophies of his skill and
valor adorned the sides of his wigwam and furnished the theme for his
boastful oratory and song around the council fire and at the dance. His
wants were few and purely of a physical nature. His life was devoted
to the work of securing a sufficiency of food and the punishment of
his enemies. His reputation among his fellow men was proportioned
to the skill with which he could draw the bow, his cleverness and
agility in their simple athletic sports, or the keen and tireless
manner that characterized his pursuit of an enemy's trail. His life
was simple, his wants were easily supplied; and, in consequence, the
largest measure of his existence was spent in indolence and frivolous
amusements. Such proportion of the family food as the chase did not
supply was found in the cultivation of Indian corn. The pride of a
warrior scorned the performance of menial labor, and to the squaw
was this drudgery, as well as that of the household, assigned. His
general character has been much misunderstood and misrepresented. He
was in fact possessed of great ingenuity, keen wit, and rare cunning.
In the consideration of matters of public importance, his conduct was
characterized by a grave dignity that was frequently almost ludicrous.
The studied stolidity of his countenance gave the spectator no clew to
the inward bent of his feelings or determination. The anxious prisoner,
from a watchful study of his face and actions, could read nothing of
his probable fate. He was physically brave, and would without hesitancy
attack the most dangerous beasts of the forests or his still more
ferocious human enemies. In the hands of those enemies he would endure,
with the most unflinching nerve, the cruelest tortures their ingenuity
could devise, and at the same time chant his death song in the recital
of his numerous personal acts of triumph over them.
His methods of warfare were, however, very different from those which
meet the approval of civilized nations. He could not understand that
there was anything of merit in meeting his antagonist in the open
field, where the chances of victory were nearly equal. It was a useless
risk of his life, even though his numbers exceeded those of his enemy,
to allow them to become advised of his approach. His movements were
stealthy, and his blows fell at an unexpected moment from the hidden
ambush or in the dead hours of the night. His nature was cruel, and in
the excitement of battle that cruelty was clothed in the most terrible
forms. He was in the highest degree vindictive, and his memory never
lost sight of a personal injury. He was inclined to be credulous until
once deceived, after which nothing could remove his jealous distrust.
His confidence once fully secured, however, the unselfishness of his
friendship as a rule would put to shame that of his more civilized
Anglo-Saxon brother. His scrupulous honor in the payment of a just
debt was of a character not always emulated among commercial nations.
His noble qualities have not been granted the general recognition they
deserve, and his ignoble traits have oftentimes been glossed over with
the varnish of an unhealthy sentimentality.[688]
For many years following his first contact with the whites the daily
life of the Cherokee underwent but little change. The remoteness of
his villages from the coast settlements and the intervening territory
of other tribes limited in large degree any frequency of association
with his white neighbors. In spite of this restricted intercourse,
however, the superior comforts and luxuries of civilization were early
apparent to him. His new-found desires met with a ready supply through
the enterprising cupidity of the fur traders. At the same time and
through the same means he was brought to a knowledge of the uses and
comforts of calico and blankets, and the devastating though seductive
influence of spirituous liquors. Yet nothing occurred to mar the peace
hitherto existing with his white neighbors until their continued
spread and seemingly insatiate demand for more territory aroused a
feeling of jealous fear in his bosom. This awakening to the perils
of his situation was, unfortunately for him, too late. The strength
of the invaders already surpassed his own, and henceforth it was but
a struggle against fate. Prior to the close of the Revolutionary
war but little, if anything, had been done toward encouraging the
Cherokee to adopt the customs and pursuits of civilized life. His
native forests and streams had afforded him a sufficiency of flesh,
fish, and skins to supply all his reasonable wants. Immediately upon
the establishment of American Independence the policy to be pursued
by the Government in its relations with the Indian tribes became the
subject of grave consideration. The necessity began to be apparent of
teaching the proximate tribes to cultivate the soil as a substitute
for the livelihood hitherto gained through the now rapidly diminishing
supplies of game. In the report of the commissioners appointed to
negotiate the treaty of 1785, being the first treaty concluded between
the Cherokees and the United States, they remark that some compensation
should be made to the Indians for certain of their lands unlawfully
taken possession of by the whites, and that the sum so raised should
be appropriated to the purpose of teaching them useful branches of
mechanics. Furthermore, that some of their women had lately learned to
spin, and many others were "very desirous that some method should be
fallen on to teach them to raise flax, cotton, and wool, as well as to
spin and weave it."
Six years later, in the conclusion of the second treaty with them, it
was agreed, in order "that the Cherokee Nation may be led to a greater
degree of civilization, and to become herdsmen and cultivators instead
of remaining in a state of hunters, the United States will from time
to time furnish gratuitously the said nation with useful implements of
husbandry." From this time forward the progress of the Cherokees in
civilization and enlightenment was rapid and continuous.[689] They had
made such advancement that, nearly thirty years later,[690] Return J.
Meigs, their long time agent and friend, represented to the Secretary
of War that such Government assistance was no longer necessary or
desirable; that the Cherokees were perfectly competent to take care of
themselves, and that further contributions to their support only had a
tendency to encourage idleness and dependence upon the Government.
Their country was especially adapted to stock raising and their
flocks and herds increased in proportion to the zeal and industry
of their owners. The proceeds of their surplus cotton placed within
reach most of the comforts and many of the luxuries of life. The
unselfish devotion of the missionary societies had furnished them with
religious and school instruction, of which they had in large numbers
eagerly availed themselves.[691] From the crude tribal government of
the eighteenth century they had gradually progressed until in the
month of July, 1827, a convention of duly elected delegates from the
eight several districts into which their country was divided[692]
assembled at New Echota, and announced that "We, the representatives
of the people of the Cherokee Nation, in convention assembled, in
order to establish justice, insure tranquillity, promote our common
welfare, and secure to ourselves and our posterity the blessings of
liberty, acknowledging with humility and gratitude the goodness of
the sovereign Ruler of the Universe in offering us an opportunity so
favorable to the design and imploring His aid and direction in its
accomplishment, do ordain and establish this constitution for the
government of the Cherokee Nation." By the constitution thus adopted
the power of the nation was divided into legislative, executive, and
judicial departments. The legislative power was vested in a committee
and a council, each to have a negative on the other, and together to
be called the "General Council of the Cherokee Nation." This committee
consisted of two and the council of three members from each district,
and were to be elected biennially by the suffrages of all free male
citizens (excepting negroes and descendants of white and Indian men by
negro women who may have been set free) who had attained the age of
eighteen years. Their sessions were annual, beginning on the second
Monday in October. Persons of negro or mulatto blood were declared
ineligible to official honors or emoluments.
The executive power of the nation was confided to a principal chief,
elected by the general council for a term of four years, and none
but native born citizens were eligible to the office. The chief was
required to visit each district of the nation at least once in two
years, to keep himself familiarized with the condition and necessities
of the country. His approval was also required to all laws, and, as
in the case of our own Government, the exercise of the veto power
could be overcome only by a two-thirds majority in both houses of the
national legislature. An executive council of three members besides the
assistant principal chief was also to be elected by the joint vote of
the two houses for the period of one year.
The judicial functions were vested in a supreme court of three judges
and such circuit and inferior courts as the general council should from
time to time prescribe, such judges to be elected by joint vote of the
general council.
Ministers of the gospel who by their profession were dedicated to the
service of God and the care of souls, and who ought not therefore to
be diverted from the great duty of their function, were, while engaged
in such work, declared ineligible to the office of principal chief or
to a seat in either house of the general council. Any person denying
the existence of a God or a future state of rewards and punishments
was declared ineligible to hold any office in the civil department
of the nation, and it was also set forth that (religion, morality,
and knowledge being necessary to good government, the preservation
of liberty, and the happiness of mankind) schools and the means of
education should forever be encouraged in the nation.
Under this constitution elections were regularly held and the
functions of government administered until the year 1830, when the
hostile legislation of Georgia practically paralyzed and suspended its
further operation. Although forbidden to hold any more elections, the
Cherokees maintained a semblance of their republican form of government
by tacitly permitting their last elected officers to hold over and
recognizing the authority and validity of their official actions. This
embarrassing condition of affairs continued until their removal west of
the Mississippi River, when, on the 6th of September, 1839, they, in
conjunction with the "Old Settlers," adopted a new constitution, which
in substance was a duplicate of its predecessor.
This removal turned the Cherokees back in the calendar of progress
and civilization at least a quarter of a century. The hardships and
exposures of the journey, coupled with the fevers and malaria of a
radically different climate, cost the lives of perhaps 10 per cent
of their total population. The animosities and turbulence born of
the treaty of 1835 not only occasioned the loss of many lives, but
rendered property insecure, and in consequence diminished the zeal and
industry of the entire community in its accumulation. A brief period
of comparative quiet, however, was again characterized by an advance
toward a higher civilization. Five years after their removal we find
from the report of their agent that they are again on the increase
in population; that their houses, farms, and fixtures have greatly
improved in the comforts of life; that in general they are living
in double cabins and evincing an increasing disposition to provide
for the future; that they have in operation eleven common schools,
superintended by a native Cherokee, in which are taught reading,
writing, arithmetic, bookkeeping, grammar, geography, and history,
which are entirely supported at the expense of their own national
funds, and which are attended by upwards of five hundred scholars;
that the churches are largely attended and liberally supported, the
Methodists having 1,400 communicants, the Baptists 750, and other
denominations a smaller number; that a national temperance society
boasts of 1,752 members; that they maintain a printing press, from
which publications are issued in both the English and Cherokee tongues;
that some of them manifest a decided taste for general literature and
a few have full and well selected libraries; that thousands of them
can speak and write the English language with fluency and comparative
accuracy; that hundreds can draw up contracts, deeds, and other
instruments for the transfer of property, and that in the ordinary
transactions of life, especially in making bargains, they are shrewd
and intelligent, frequently evincing a remarkable degree of craft
and combination; that their treatment of their women had undergone a
radical change; that the countenance and encouragement given to her
cultivation disclosed a more exalted estimate of female character, and
that instead of being regarded as a slave and a beast of burden she was
now recognized as a friend and companion.
Thus, with the exception of occasional drawbacks--the result of
civil feuds--the progress of the nation in education, industry, and
civilization continued until the outbreak of the rebellion. At this
period, from the best attainable information, the Cherokees numbered
twenty-one thousand souls. The events of the war brought to them more
of desolation and ruin than perhaps to any other community.
Raided and sacked alternately, not only by the Confederate and Union
forces, but by the vindictive ferocity and hate of their own factional
divisions, their country became a blackened and desolate waste. Driven
from comfortable homes, exposed to want, misery, and the elements, they
perished like sheep in a snow storm. Their houses, fences, and other
improvements were burned, their orchards destroyed, their flocks and
herds slaughtered or driven off, their schools broken up, and their
school-houses given to the flames, their churches and public buildings
subjected to a similar fate, and that entire portion of their country
which had been occupied by their settlements was distinguishable from
the virgin prairie only by the scorched and blackened chimneys and the
plowed but now neglected fields.
The war over and the work of reconstruction commenced, found them
numbering fourteen thousand impoverished, heart broken, and revengeful
people. But they must work or starve, and in almost sullen despair
they set about rebuilding their waste places. The situation was one
calculated to discourage men enjoying a higher degree of civilization
than they had yet reached, but they bent to the task with a
determination and perseverance that could not fail to be the parent of
success.
To-day their country is more prosperous than ever. They number
twenty-two thousand, a greater population than they have had at any
previous period, except perhaps just prior to the date of the treaty of
1835, when those east added to those west of the Mississippi are stated
to have aggregated nearly twenty-five thousand people.[693] To-day they
have twenty-three hundred scholars attending seventy-five schools,
established and supported by themselves at an annual expense to the
nation of nearly $100,000. To-day thirteen thousand of their people
can read and eighteen thousand can speak the English language. To-day
five thousand brick, frame, and log houses are occupied by them; and
they have sixty-four churches with a membership of several thousand.
They cultivate a hundred thousand acres of land and have an additional
one hundred and fifty thousand fenced. They raise annually 100,000
bushels of wheat, 800,000 of corn, 100,000 of oats and barley, 27,500
of vegetables, 1,000,000 pounds of cotton, 500,000 pounds of butter,
12,000 tons of hay, and saw a million feet of lumber. They own 20,000
horses, 15,000 mules, 200,000 cattle, 100,000 swine, and 12,000 sheep.
They have a constitutional form of government predicated upon that
of the United States. As a rule, their laws are wise and beneficent
and are enforced with strictness and justice. Political and social
prejudice has deprived the former slaves in some instances of the full
measure of rights guaranteed to them by the treaty of 1866 and the
amended constitution of the nation, but time is rapidly softening these
asperities and will solve all difficulties of the situation.
The present Cherokee population is of a composite character. Remnants
of other nations or tribes have from time to time been absorbed and
admitted to full participation in the benefits of Cherokee citizenship.
The various classes may be thus enumerated: