GENERAL REMARKS.

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:

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