CHAPTER VIII.

THE CHEROKEES.

The Cherokees were the Eastern Mountaineers of America. Their country

lay along the Tennessee River, and in the highlands of Georgia,

Carolina, and Alabama—the loveliest region east of the Mississippi

River. Beautiful and grand, with lofty mountains and rich valleys

fragrant with flowers, and forests of magnolia and pine filled with the

singing of birds and the melody of streams, rich in fruits and nuts and

wild grains, it was a country worth loving, worth fighting, worth dying

for, as thousands of its lovers have fought and have died, white men as

well as red, within the last hundred years.

When Oglethorpe came with his cargo of Madeira wine and respectable

paupers from England in 1733, and lived in tents in midwinter on the

shores of the Savannah River, one of the first conditions of safety for

his colossal almshouse, in shape of a new colony, was that all the

Indians in the region should become its friends and allies.

The reputation of his goodness and benevolence soon penetrated to the

fastnesses of their homes, and tribe after tribe sent chiefs and headmen

to greet him with gifts and welcome. When the Cherokee chief appeared,

Oglethorpe said to him, "Fear nothing. Speak freely." "I always speak

freely," answered the mountaineer. "Why should I fear? I am now among

friends: I never feared, even among my enemies."

The principal intention of the English trustees who incorporated the

Georgia colony was to provide a home for worthy persons in England who

were "in decayed circumstances." Among other great ends which they also

avowed was "the civilization of the savages." In one of Oglethorpe's

first reports to the trustees he says: "A little Indian nation—the only

one within fifty miles—is not only in amity, but desirous to be subjects

to his Majesty King George; to have lands given to them among us, and to

breed their children at our schools. Their chief and his beloved man,

who is the second man in the nation, desire to be instructed in the

Christian religion."

The next year he returned to England, carrying with him eight Indian

chiefs, to show them "so much of Great Britain and her institutions as

might enable them to judge of her power and dignity. *** Nothing was

neglected," we are told, "that was likely to awaken their curiosity or

impress them with a sense of the power and grandeur of the nation." They

were received by the Archbishop of Canterbury, and by the Fellows of

Eton, and for a space of four months were hospitably entertained, and

shown all the great sights of London and its vicinity.

The tribes at home were much gratified by these attentions paid to their

representatives, and sent out to the trustees a very curious missive,

expressing their thanks and their attachment to General Oglethorpe. This

letter was the production of a young Cherokee chief. It was written in

black and red hieroglyphs on a dressed buffalo-skin. Before it was sent

to England it was exhibited in Savannah, and the meaning of the

hieroglyphs translated by an interpreter in a grand gathering of fifty

Indian chiefs and all the principal people of Savannah. Afterward the

curious document was framed and hung up in the Georgia Office in

Westminster.

When the Wesleyan missionaries arrived in Georgia, two years later, some

of the chiefs who had made this visit to England went to meet them,

carrying large jars of honey and of milk as gifts, to "represent their

inclinations;" and one of the chiefs said to Mr. Wesley, "I am glad you

are come. When I was in England I desired that some one would speak the

Great Word to me. I will go up and speak to the wise men of our nation,

and I hope they will hear. But we would not be made Christians as the

Spaniards make Christians; we would be taught before we are baptized."

In those early days Wesley was an intolerant and injudicious enthusiast.

His missionary work in the Georgia Colony was anything but successful in

the outset, either among the whites or the Indians, and there was ample

justification for the reply which this same Indian chief made later when

urged to embrace the doctrines of Christianity.

"Why, these are Christians at Savannah. Those are Christians at

Frederica. Christians get drunk! Christians beat men! Christians tell

lies! Me no Christian!" On another occasion Wesley asked him what he

thought he was made for. "He that is above," answered the chief, "knows

what he made us for. We know nothing; we are in the dark; but white men

know much. And yet white men build great houses, as if they were to live

forever. But white men cannot live forever. In a little time white men

will be dust as well as I."

For twenty years Oglethorpe's colony struggled on under great

difficulties and discouragements. Wars with France and with Spain;

tiresome squabbles with and among Methodist missionaries, all combined

to make Oglethorpe's position hard. Again and again England would have

lost her colony except for the unswerving fidelity of the Indian allies;

they gathered by hundreds to fight for Oglethorpe. In one expedition

against the frontier, four hundred Creeks and six hundred Cherokees set

out in one day, under an urgent call for help sent by Indian runners to

their towns. His Indian friends were the only friends Oglethorpe had who

stood by him past everything: nothing could shake their fidelity.

"He is poor; he can give you nothing," said the St. Augustine Spaniards

to a Creek chief at this time; "it is foolish for you to go to him:" and

they showed to the Indian a fine suit of scarlet clothes, and a sword,

which they were about to give to a chief of the Tennessees who had

become their ally.

But the Creek answered, "We love him. It is true, he does not give us

silver; but he gives us everything we want that he has. He has given me

the coat off his back, and the blanket from under him."

At last the trustees of the Georgia Colony lost patience: very bitterly

they had learned that paupers, however worthy, are not good stuff to

build new enterprises of. In eighteen years the colony had not once

furnished a sufficient supply of subsistence for its own consumption:

farms which had been cultivated were going to ruin; and the country was

rapidly degenerating in every respect. Dishonest traders had tampered

with and exasperated the Indians, so that their friendliness could no

longer be implicitly trusted. For everything that went wrong the English

Company was held responsible, and probably there were no happier men in

all England on the 20th of June, 1752, than were the Georgia trustees,

who on that day formally resigned their charter, and washed their hands

of the colony forever.

The province was now formed into a royal government, and very soon

became the seat of frightful Indian wars. The new authorities neither

understood nor kept faith with the Indians: their old friend Oglethorpe

had left them forever, and the same scenes of treachery and massacre

which were being enacted at the North began to be repeated with

heart-sickening similarity at the South. Indians fighting

Indians—fighting as allies to-day with the French, to-morrow with the

English; treaties made, and broken as soon as made; there was neither

peace nor safety anywhere.

At last, in 1763, a treaty was concluded with the chiefs and headmen of

five tribes, which seemed to promise better things. The Cherokees and

Creeks granted to the King of England a large tract of land, cleared off

their debts with the sum paid for it, and observed its stipulations

faithfully for several years, until peace was again destroyed, this time

by no fault of the Indians, in consequence of the revolt of the American

Colonies against Great Britain. The English loyalists in Georgia now

availed themselves of the Indians' old habit of allegiance to the Crown.

One of their leading agents took a Cherokee woman as his mistress,

placed her at the head of his table, gave her the richest dress and

equipage that the country could afford, and distributed through her

lavish gifts to all the Indians he could reach. When war actually broke

out he retreated with her into the fastnesses of the Cherokee nation,

where he swayed them at his will. Attempts to capture him were repelled

by the Cherokees with ferocity. Prisoners taken by them at this time

were tortured with great cruelty; one instance is recorded (in a journal

kept by another prisoner, who escaped alive) of a boy about twelve years

of age who was suspended by the arms between two posts, and raised about

three feet from the ground. "The mode of inflicting the torture was by

light-wood splints of about eighteen inches long, made sharp at one end

and fractured at the other, so that the torch might not be extinguished

by throwing it. After these weapons of death were prepared, and a fire

made for the purpose of lighting them, the scene of horror commenced. It

was deemed a mark of dexterity, and accompanied by shouts of applause,

when an Indian threw one of these torches so as to make the sharp end

stick into the body of the suffering youth without extinguishing the

torch. This description of torture was continued for two hours before

the innocent victim was relieved by death."

These are sickening details, and no doubt will be instinctively set down

by most readers as proof of innate cruelty peculiar to the Indian race.

Let us, therefore, set side by side with them the record that in this

same war white men (British officers) confined white men ("rebels") in

prison-ships, starved, and otherwise maltreated them till they died,

five or six a day, then threw their dead bodies into the nearest marsh,

and had them "_trodden down in the mud_—from whence they were soon

exposed by the washing of the tides, and at low-water the prisoners

beheld the carrion-crows picking the bones of their departed

companions!" Also, that white men (British officers) were known at that

time to have made thumb-screws out of musket-locks, to torture Georgia

women, wives of "rebels," to force them to reveal the places where their

husbands were in hiding. Innate cruelty is not exclusively an Indian

trait.

The Cherokees had the worst of the fighting on the British side during

the Revolution. Again and again their towns were burnt, their winter

stores destroyed, and whole bands reduced to the verge of starvation. At

one time, when hard pressed by the American forces, they sent to the

Creeks for help; but the shrewd Creeks replied, "You have taken the

thorns out of our feet; you are welcome to them." The Creeks, having

given only limited aid to the British, had suffered much less severely.

That any of the Indians should have joined the "rebel" cause seems

wonderful, as they had evidently nothing to gain by the transfer of

their allegiance to what must have appeared to them for a long time to

be the losing side in the contest. For three years and a half Savannah

was in the possession of the British, and again and again they had

control of the entire State. And to show that they had no compunction

about inciting the Indians to massacres they left many a written

record—such, for instance, as this, which is in a letter written by

General Gage from Boston, June, 1775: "We need not be tender of calling

on the savages to attack the Americans."[29]

Footnote 29:

See Appendix, Art. X.

The first diplomatic relations of the United States Government with the

Cherokees were in the making of the treaty of Hopewell, in 1785. At the

Hopewell council the United States commissioners said: "Congress is now

the sovereign of all our country which we now point out to you on the

map. They want none of your lands, nor anything else which belongs to

you; and as an earnest of their regard for you, we propose to enter into

articles of a treaty perfectly equal and conformable to what we now tell

you. *** This humane and generous act of the United States will no doubt

be received by you with gladness, and held in grateful remembrance; and

the more so, as many of your young men, and the greater number of your

warriors, during the late war, were our enemies, and assisted the King

of Great Britain in his endeavors to conquer our country."

The chiefs complained bitterly of the encroachments of white settlers

upon lands which had been by old treaties distinctly reserved to the

Cherokees. They demanded that some of these settlers should be removed;

and when the commissioners said that the settlers were too numerous for

the Government to remove, one of the chiefs asked, satirically, "Are

Congress, who conquered the King of Great Britain, unable to remove

those people?"

Finally, the chiefs agreed to accept payment for the lands which had

been taken. New boundaries were established, and a general feeling of

good-will and confidence was created. One notable feature in this

council was the speech of an Indian woman, called the "war-woman of

Chota." (Chota was the Cherokees' city of refuge. All murderers were

safe so long as they lived in Chota. Even Englishmen had not disdained

to take advantage of its shelter; one English trader who had killed an

Indian, having fled, lived there for many months, his own house being

but a short distance away. After a time he resolved to return home, but

the headmen of the tribe assured him that, though he was entirely safe

there, he would surely be killed if he left the town.) The chief who

brought this "war-woman" to the council introduced her as "one of our

beloved women who has borne and raised up warriors." She proceeded to

say, "I am fond of hearing that there is a peace, and I hope you have

now taken us by the hand in real friendship. I have a pipe and a little

tobacco to give the commissioners to smoke in friendship. I look on you

and the red people as my children. Your having determined on peace is

most pleasing to me, for I have seen much trouble during the late war. I

am old, but I hope yet to bear children who will grow up and people our

nation, as we are now to be under the protection of Congress, and shall

have no disturbance."

A brief summary of the events which followed on the negotiation of this

treaty may be best given in the words of a report made by the Secretary

of War to the President four years later. In July, 1789, General Knox

writes as follows of the Cherokees: "This nation of Indians, consisting

of separate towns or villages, are seated principally on the head-waters

of the Tennessee, which runs into the Ohio. Their hunting-grounds extend

from the Cumberland River along the frontiers of Virginia, North and

South Carolina, and part of Georgia.

"The frequent wars they have had with the frontier people of the said

States have greatly diminished their number. The commissioners estimated

them in November, 1785, at 2000 warriors, but they were estimated in

1787 at 2650; yet it is probable they may be lessened since by the

depredations committed on them.

"The United States concluded a treaty with the Cherokees at Hopewell, on

the Keowee, the 28th of November, 1785, which is entered on the printed

journals of Congress April 17th, 1786. The negotiations of the

commissioners on the part of the United States are hereunto annexed,

marked A. It will appear by the papers marked B. that the State of North

Carolina, by their agent, protested against the said treaty as

infringing and violating the legislative rights of that State.

"By a variety of evidence which has been submitted to the last Congress,

it has been proved that the said treaty has been entirely disregarded by

the white people inhabiting the frontiers, styling themselves the State

of Franklin. The proceedings of Congress on the 1st of September, 1788,

and the proclamation they then issued on this subject, will show their

sense of the many unprovoked outrages committed against the Cherokees.

"The information contained in the papers marked C., from Colonel Joseph

Martin, the late agent to the Cherokees, and Richard Winn, Esq., will

further evince the deplorable situation of the Cherokees, and the

indispensable obligation of the United States to vindicate their faith,

justice, and national dignity.

"The letter of Mr. Winn, the late superintendent, of the 1st of March,

informs that a treaty will be held with the Cherokees on the third

Monday of May, at the Upper War-ford on French Broad River. But it is to

be observed that the time for which both he and Colonel Joseph Martin,

the agent to the Cherokees and Chickasaws, were elected has expired, and

therefore they are not authorized to act on the part of the Union. If

the commissioners appointed by North Carolina, South Carolina, and

Georgia, by virtue of the resolve of Congress of the 26th of October,

1787, should attend the said treaty, their proceedings thereon may soon

be expected. But, as part of the Cherokees have taken refuge within the

limits of the Creeks, it is highly probable they will be under the same

direction; and, therefore, as the fact of the violation of the treaty

cannot be disputed, and as the commissioners have not power to replace

the Cherokees within the limits established in 1785, it is not probable,

even if a treaty should be held, as stated by Mr. Winn, that the result

would be satisfactory."

This is the summing up of the situation. The details of it are to be

read in copious volumes of the early history of Tennessee, North and

South Carolina, and Georgia—all under the head of "Indian Atrocities."

To very few who read those records does it occur that the Indians who

committed these "atrocities" were simply ejecting by force, and, in the

contests arising from this forcible ejectment, killing men who had

usurped and stolen their lands—lands ceded to them by the United States

Government in a solemn treaty, of which the fifth Article was as

follows:

"If any citizen of the United States or other person, not being an

Indian, shall attempt to settle on any of the lands westward or

southward of the said boundaries which are hereby allotted to the

Indians for their hunting-grounds, or having already settled and will

not remove from the same within six months after the ratification of

this treaty, such person shall forfeit the protection of the United

States, and the Indians _may punish him or not as they please_."

It is evident that it is necessary to go back to the days of the first

treaties with our Indians to possess ourselves of the first requisites

for fair judgment of their conduct toward white men. What would a

community of white men, situated precisely as these Cherokees were, have

done? What did these very Southern colonists themselves do to Spaniards

who encroached on their lands? Fought them; killed them; burnt their

houses over their heads, and drove them into the sea!

In a later communication in the same year to the President, the

Secretary says: "The disgraceful violation of the treaty of Hopewell

with the Cherokees requires the serious consideration of Congress. If so

direct and manifest contempt of the authority of the United States be

suffered with impunity, it will be in vain to attempt to extend the arm

of the Government to the frontiers. The Indian tribes can have no faith

in such imbecile promises, and the lawless whites will ridicule a

government which shall on paper only make Indian treaties and regulate

Indian boundaries."

The President, thus entreated, addressed himself to the Senate, and

asked their advice. He recapitulated the facts as set forth by General

Knox, "that upward of five hundred families are settled on the Cherokee

lands," and asks,

"1st. Is it the judgment of the Senate that overtures shall be made to

the Cherokees to arrange a new boundary, so as to embrace the

settlements made by the white people since the treaty of Hopewell in

November, 1785?

"2d. If so, shall compensation to the amount of $—— annually, or of $——

in gross, be made to the Cherokees for the land they shall relinquish,

holding the occupiers of the land accountable to the United States for

its value?

"3d. Shall the United States stipulate solemnly to guarantee the new

boundary which may be arranged?"

The Senate thereupon resolved that the President should, at his

discretion, cause the Hopewell treaty to be carried out, or make a new

one; but, in case a new one was made, the "Senate do advise and consent

solemnly to guarantee the same."

Accordingly, in July, 1791, a new treaty—the treaty of Holston—was made

with the Cherokees, new boundaries established, and $1000 a year

promised to the tribe for the lands relinquished.

By the seventh Article of this treaty the United States "solemnly

guarantee to the Cherokee nation all their lands not hereby ceded:" the

eighth Article reiterates the old permission that if any citizen of the

United States or other person (not an Indian) shall settle on the

Cherokees' lands, the Cherokees may punish him as they please. Article

ninth says that no citizen or inhabitant of the United States shall hunt

or destroy game on the Cherokee lands, or go into the Cherokee country

without a passport from the governor or some other authorized person.

The next year the Cherokees sent an embassy to Philadelphia to ask for

an increase of $500 in their annuity. One of the chiefs said that he had

told Governor Blunt the year before that he would not consent to selling

the lands for $1000 a year. "It would not buy a breech-clout for each of

my nation;" which was literally true.

To this additional annuity the Senate consented, and with this the

chiefs said they were "perfectly satisfied." But they begged for the

ploughs, hoes, cattle, etc., which had been promised in the treaty. They

said, "Game is going fast away from among us. We must plant corn and

raise cattle, and we want you to assist us."

In 1794 it was necessary to make another treaty, chiefly to declare that

the Holston treaty was in "full force and binding." It had not been

"fully carried into execution by reason of misunderstandings," it was

said. This was very true; white settlers had gone where they pleased, as

if it did not exist; Cherokees had murdered them, as they were, by their

treaty, explicitly permitted to do. The whites had retaliated by

unprovoked attacks on friendly Indians, and the Indians had retaliated

again. The exasperated Indians implored Congress to protect them: the

still more exasperated whites demanded of Congress to protect them. The

Secretary of War writes despairingly, that "The desire of too many

frontier white people to seize by force or fraud on the neighboring

Indian lands continues to be an unceasing cause of jealousy and hatred

on the part of the Indians; and it would appear, upon a calm

investigation, that until the Indians can be quieted on this point, and

rely with confidence on the protection of their lands by the United

States, no well-grounded hope of tranquillity can be entertained."

In this miserable manner, unjust equally to the white men and to the

Indians, affairs went on for several years, until in 1801 it became

absolutely necessary that in some way a definite understanding of

boundaries, and an authoritative enforcement of rights on both sides,

should be brought about; accordingly, commissioners were sent by the

President "to obtain the consent of the Cherokees" to new grants of land

and establishment of boundaries. The instructions given to these

commissioners are remarkable for their reiterated assertion of the

Indians' unquestioned right to do as they please about ceding these

lands. Such phrases as these: "Should the Indians refuse to cede to the

United States any of the above-designated lands," and "you will endeavor

to prevail upon them to cede," and "you will endeavor to procure the

consent of the Indians," are proof of the fulness of the recognition the

United States Government at that time gave of the Indians' "right of

occupancy;" also of the realization on the part of the Government that

these Indian nations were powers whose good-will it was of importance to

conciliate. "It is of importance," the instructions say, "that the

Indian nations generally should be convinced of the certainty in which

they may at all times rely upon the friendship of the United States, and

that the President will never abandon them or their children;" and, "It

will be incumbent on you to introduce the desires of the Government in

such a manner as will permit you to drop them, as you may find them illy

received, without giving the Indians an opportunity to reply with a

decided negative, or raising in them unfriendly and inimical

dispositions. You will state none of them in the tone of demands, but in

the first instance merely mention them as propositions which you are

authorized to make, and their assent to which the Government would

consider as new testimonials of their friendship."

Nevertheless, the Cherokees did reply with "a decided negative." They

utterly refused to cede any more lands, or to give their consent to the

opening of any more roads through their territory. But it only took four

years to bring them to the point where they were ready to acquiesce in

the wishes of the Government, and to make once more the effort to secure

to themselves an unmolested region, by giving up several large tracts of

land and a right of way on several roads. In 1805 they concluded another

treaty, ceding territory for which the United States thought it worth

while to pay $15,000 immediately, and an annuity of $3000.

Ten years later (in 1816) they gave up all their lands in South

Carolina, and the United States became surety that South Carolina should

pay to them $5000 for the same. In the autumn of the same year they made

still another cession of lands to the United States Government, for

which they were to have an annuity of $6000 a year for ten years, and

$5000 as compensation for the improvements they surrendered.

In 1817 an important treaty was concluded, making still further cessions

of lands, and defining the position of a part of the Cherokee nation

which had moved away, with the President's permission, to the Arkansas

River in 1809. The eighth Article of this treaty promises that the

United States will give to every head of an Indian family residing on

the east side of the Mississippi, who may wish to become a citizen, "a

reservation of six hundred and forty acres of land, in which they will

have a life estate, with a reversion in fee-simple to their children."

What imagination could have foreseen that in less than twenty years the

chiefs of this Cherokee nation would be found piteously pleading to be

allowed to remain undisturbed on these very lands? In the whole history

of our Government's dealings with the Indian tribes, there is no record

so black as the record of its perfidy to this nation. There will come a

time in the remote future when, to the student of American history, it

will seem well-nigh incredible. From the beginning of the century they

had been steadily advancing in civilization. As far back as 1800 they

had begun the manufacture of cotton cloth, and in 1820 there was

scarcely a family in that part of the nation living east of the

Mississippi but what understood the use of the card and spinning-wheel.

Every family had its farm under cultivation. The territory was laid off

into districts, with a council-house, a judge, and a marshal in each

district. A national committee and council were the supreme authority in

the nation. Schools were flourishing in all the villages.

Printing-presses were at work.

Their territory was larger than the three States of Massachusetts, Rhode

Island, and Connecticut combined. It embraced the North-western part of

Georgia, the North-east of Alabama, a corner of Tennessee and of North

Carolina. They were enthusiastic in their efforts to establish and

perfect their own system of jurisprudence. Missions of several sects

were established in their country, and a large number of them had

professed Christianity, and were living exemplary lives.

There is no instance in all history of a race of people passing in so

short a space of time from the barbarous stage to the agricultural and

civilized. And it was such a community as this that the State of

Georgia, by one high-handed outrage, made outlaws!—passing on the 19th

of December, 1829, a law "to annul all laws and ordinances made by the

Cherokee nation of Indians;" declaring "all laws, ordinances, orders,

and regulations of any kind whatever, made, passed, or enacted by the

Cherokee Indians, either in general council or in any other way

whatever, or by any authority whatever, null and void, and of no effect,

as if the same had never existed; also, that no Indian, or descendant of

any Indian residing within the Creek or Cherokee nations of Indians,

shall be deemed a competent witness in any court of this State to which

a white man may be a party."

What had so changed the attitude of Georgia to the Indians within her

borders? Simply the fact that the Indians, finding themselves hemmed in

on all sides by fast thickening white settlements, had taken a firm

stand that they would give up no more land. So long as they would cede

and cede, and grant and grant tract after tract, and had millions of

acres still left to cede and grant, the selfishness of white men took no

alarm; but once consolidated into an empire, with fixed and inalienable

boundaries, powerful, recognized, and determined, the Cherokee nation

would be a thorn in the flesh to her white neighbors. The doom of the

Cherokees was sealed on the day when they declared, once for all,

officially as a nation, that they would not sell another foot of land.

This they did in an interesting and pathetic message to the United

States Senate in 1822.

Georgia, through her governor and her delegates to Congress, had been

persistently demanding to have the Cherokees compelled to give up their

lands. She insisted that the United States Government should fulfil a

provision, made in an old compact of 1802, to extinguish the Indian

titles within her limits as soon as it could be peaceably done. This she

demanded should be done now, either peaceably or otherwise.

"We cannot but view the design of those letters," says this message, "as

an attempt bordering on a hostile disposition toward the Cherokee nation

to wrest from them by arbitrary means their just rights and liberties,

the security of which is solemnly guaranteed to them by these United

States. *** We assert under the fullest authority that all the

sentiments expressed in relation to the disposition and determination of

the nation never to cede another foot of land, are positively the

production and voice of the nation. *** There is not a spot out of the

limits of any of the States or Territories thereof, and within the

limits of the United States, that they would ever consent to inhabit;

because they have unequivocally determined never again to pursue the

chase as heretofore, or to engage in wars, unless by the common call of

the Government to defend the common rights of the United States. *** The

Cherokees have turned their attention to the pursuits of the civilized

man: agriculture, manufactures, and the mechanic arts and education are

all in successful operation in the nation at this time; and while the

Cherokees are peacefully endeavoring to enjoy the blessings of

civilization and Christianity on the soil of their rightful inheritance,

and while the exertions and labors of various religious societies of

these United States are successfully engaged in promulgating to them the

words of truth and life from the sacred volume of Holy Writ, and under

the patronage of the General Government, they are threatened with

removal or extinction. *** We appeal to the magnanimity of the American

Congress for justice, and the protection of the rights and liberties and

lives of the Cherokee people. We claim it from the United States by the

strongest obligation which imposes it on them—by treaties: and we expect

it from them under that memorable declaration, 'that all men are created

equal; that they are endowed by their Creator with certain inalienable

rights; that among these are life, liberty, and the pursuit of

happiness.'"

The dignified and pathetic remonstrances of the Cherokee chiefs, their

firm reiterations of their resolve not to part with their lands, were

called by the angry Georgian governor "tricks of vulgar cunning," and

"insults from the polluted lips of outcasts and vagabonds;" and he is

not afraid, in an official letter to the Secretary of War, to openly

threaten the President that, if he upholds the Indians in their

rejection of the overtures for removal, the "consequences are

inevitable," and that, in resisting the occupation of the Cherokee lands

by the Georgians, he will be obliged to "make war upon, and shed the

blood of brothers and friends."

To these Cherokees Mr. Jefferson had written, at one time during his

administration, "I sincerely wish you may succeed in your laudable

endeavors to save the remnant of your nation by adopting industrious

occupations, and a government of regular law. In this you may always

rely on the counsel and assistance of the United States."

In 1791 he had written to General Knox, defining the United States'

position in the matter of Indian lands: "Government should firmly

maintain this ground, that the Indians have a right to the occupation of

their lands independent of the States within whose chartered lines they

happen to be; that until they cede them by treaty, or other transaction

equivalent to treaty, no act of a State can give a right to such lands.

*** The Government is determined to exert all its energy for the

patronage and protection of the rights of the Indians."

And the year before General Washington had said to the Six Nations: "In

future you cannot be defrauded of your lands. No State or person can

purchase your lands unless at some public treaty held under the

authority of the United States. The General Government will never

consent to your being defrauded; but it will protect you in all your

just rights. *** You possess the right to sell, and the right of

refusing to sell your lands. *** The United States will be true and

faithful to their engagements."

What could Cherokee men and women have thought when, only thirty years

later, they found this United States Government upholding the State of

Georgia in her monstrous pretensions of right to the whole of their

country, and in her infamous cruelties of oppression toward them? when

they found this United States Government sending its agents to seduce

and bribe their chiefs to bargain away their country; even stooping to

leave on the public records of official instructions to a commissioner

such phrases as these: "Appeal to the chiefs and influential men—not

together, but apart, at their own houses;" "make offers to them of

extensive reservations in fee-simple, and other rewards, to obtain their

acquiescence;" "the more careful you are to secure from even the chiefs

the official character you bear, the better;" "enlarge on the advantage

of their condition in the West: there the Government would protect

them." This the Secretary of War called "moving on them in the line of

their prejudices."

In a report submitted to the War Department in 1825 by Thomas L.

McKenney is a glowing description of the Cherokee country and nation at

that time: "The country is well watered; abundant springs of pure water

are found in every part; a range of majestic and lofty mountains stretch

themselves across it. The northern part is hilly and mountainous; in the

southern and western parts there are extensive and fertile plains,

covered partly with tall trees, through which beautiful streams of water

glide. These plains furnish immense pasturage, and numberless herds of

cattle are dispersed over them; horses are plenty; numerous flocks of

sheep, goats, and swine cover the valleys and the hills. On Tennessee,

Ustanula, and Canasagi rivers Cherokee commerce floats. The climate is

delicious and healthy; the winters are mild; the spring clothes the

ground with the richest scenery; flowers of exquisite beauty and

variegated hues meet and fascinate the eye in every direction. In the

plains and valleys the soil is generally rich, producing Indian-corn,

cotton, tobacco, wheat, oats, indigo, and sweet and Irish potatoes. The

natives carry on considerable trade with the adjoining States; some of

them export cotton in boats down the Tennessee to the Mississippi, and

down that river to New Orleans. Apple and peach orchards are quite

common, and gardens are cultivated, and much attention paid to them.

Butter and cheese are seen on Cherokee tables. There are many public

roads in the nation, and houses of entertainment kept by natives.

Numerous and flourishing villages are seen in every section of the

country. Cotton and woollen cloths are manufactured: blankets of various

dimensions, manufactured by Cherokee hands, are very common. Almost

every family in the nation grows cotton for its own consumption.

Industry and commercial enterprise are extending themselves in every

part. Nearly all the merchants in the nation are native Cherokees.

Agricultural pursuits engage the chief attention of the people.

Different branches in mechanics are pursued. The population is rapidly

increasing. *** White men in the nation enjoy all the immunities and

privileges of the Cherokee people, except that they are not eligible to

public offices. *** The Christian religion is the religion of the

nation. Presbyterians, Methodists, Baptists, and Moravians are the most

numerous sects. Some of the most influential characters are members of

the Church, and live consistently with their professions. The whole

nation is penetrated with gratitude for the aid it has received from the

United States Government, and from different religious societies.

Schools are increasing every year; learning is encouraged and rewarded;

the young class acquire the English, and those of mature age the

Cherokee system of learning. *** Our relations with all nations are of

the most friendly character. We are out of debt, and our public revenue

is in a flourishing condition. Besides the amount arising from imports,

perpetual annuity is due from the United States in consideration of

lands ceded in former periods. Our system of government, founded on

republican principles by which justice is equally distributed, secures

the respect of the people. New Town, pleasantly situated in the centre

of the nation, and at the junction of the Canasagi and Gusuwati, two

beautiful streams, is the seat of government. The legislative power is

vested in what is denominated in native dialect Tsalagi Tinilawige,

consisting of a national committee and council. Members of both branches

are chosen by and from the people for a limited period. In New Town a

printing-press is soon to be established; also a national library and

museum. An immense concourse of people frequent the seat of government

when the Tsalagi Tinilawige is in session, which takes place once a

year.

"The success which has attended the philological researches of one in

the nation whose system of education has met with universal approbation

among the Cherokees certainly entitles him to great consideration, and

to rank with the benefactors of man. His name is Guess, and he is a

native and unlettered Cherokee; but, like Cadmus, he has given to his

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, and who are not

included in the existing school system, may read and correspond."[30]

Footnote 30:

See Appendix, Art. IX.

Never did mountaineers cling more desperately to their homes than did

the Cherokees. The State of Georgia put the whole nation in duress, but

still they chose to stay. Year by year high-handed oppressions increased

and multiplied; military law reigned everywhere; Cherokee lands were

surveyed, and put up to be drawn by lottery; missionaries were arrested

and sent to prison for preaching to Cherokees; Cherokees were sentenced

to death by Georgia juries, and hung by Georgia executioners. Appeal

after appeal to the President and to Congress for protection produced

only reiterated confessions of the Government's inability to protect

them—reiterated proposals to them to accept a price for their country

and move away. Nevertheless they clung to it. A few hundreds went, but

the body of the nation still protested and entreated. There is nothing

in history more touching than the cries of this people to the Government

of the United States to fulfil its promises to them. And their cause was

not without eloquent advocates. When the bill for their removal was

before Congress, Frelinghuysen, Sprague, Robbins, Storrs, Ellsworth,

Evans, Huntington, Johns, Bates, Crockett, Everett, Test—all spoke

warmly against it; and, to the credit of Congress be it said, the bill

passed the Senate by only one majority.

The Rev. Jeremiah Evarts published a series of papers in the _National

Intelligencer_ under the signature of William Penn, in which he gave a

masterly analysis and summing up of the case, recapitulated the sixteen

treaties which the Government had made with the Cherokees, all

guaranteeing to them their lands, and declared that the Government had

"arrived at the bank of the Rubicon," where it must decide if it would

or would not save the country from the charge of bad faith. Many of his

eloquent sentences read in the light of the present time like

prophecies. He says, "in a quarter of a century the pressure upon the

Indians will be much greater from the boundless prairies, which must

ultimately be subdued and inhabited, than it would ever have been from

the borders of the present Cherokee country;" and asks, pertinently, "to

what confidence would such an engagement be entitled, done at the very

moment that treaties with Indians are declared not to be binding, and

for the very reason that existing treaties are not strong enough to bind

the United States." Remonstrances poured in upon Congress, petitions and

memorials from religious societies, from little country villages, all

imploring the Government to keep its faith to these people.

The Cherokees' own newspaper, _The Phœnix_, was filled at this time with

the records of the nation's suffering and despair.

"The State of Georgia has taken a strong stand against us, and the

United States must either defend us and our rights or leave us to our

foe. In the latter case she will violate her promise of protection, and

we cannot in future depend upon any guarantee to us, either here or

beyond the Mississippi.

"If the United States shall withdraw their solemn pledges of protection,

utterly disregard their plighted faith, deprive us of the right of

self-government, and wrest from us our land, then, in the deep anguish

of our misfortunes, we may justly say there is no place of security for

us, no confidence left that the United States will be more just and

faithful toward us in the barren prairies of the West than when we

occupied the soil inherited from the Great Author of our existence."

As a last resort the Cherokees carried their case before the Supreme

Court, and implored that body to restrain the State of Georgia from her

unjust interference with their rights. The reports of the case of the

Cherokee Nation _vs._ the State of Georgia fill a volume by themselves,

and are of vital importance to the history of Indian affairs. The

majority of the judges decided that an Indian tribe could not be

considered as a foreign nation, and therefore could not bring the suit.

Judge Thompson and Judge Story dissented from this opinion, and held

that the Cherokee tribe did constitute a foreign nation, and that the

State of Georgia ought to be enjoined from execution of its unjust laws.

The opinion of Chancellor Kent coincided with that of Judges Thompson

and Story. Chancellor Kent gave it as his opinion that the cases in

which the Supreme Court had jurisdiction would "reach and embrace every

controversy that can arise between the Cherokees and the State of

Georgia or its officers under the execution of the act of Georgia."

But all this did not help the Cherokees; neither did the fact of the

manifest sympathy of the whole court with their wrongs. The technical

legal decision had been rendered against them, and this delivered them

over to the tender mercies of Georgia: no power in the land could help

them. Fierce factions now began to be formed in the nation, one for and

one against the surrender of their lands. Many were ready still to

remain and suffer till death rather than give them up; but wiser

counsels prevailed, and in the last days of the year 1835 a treaty was

concluded with the United States by twenty of the Cherokee chiefs and

headmen, who thereby, in behalf of their nation, relinquished all the

lands claimed or possessed by them east of the Mississippi River.

The preamble of this treaty is full of pathos: "_Whereas_, The Cherokees

are anxious to make some arrangement with the Government of the United

States whereby the difficulties they have experienced by a residence

within the settled parts of the United States under the jurisdiction and

laws of the State governments may be terminated and adjusted; and with a

view to reuniting their people in one body, and securing a permanent

home for themselves and their posterity in the country selected by their

forefathers without the territorial limits of the State sovereignties,

and where they can establish and enjoy a government of their choice, and

perpetuate such a state of society as may be most consonant with their

views, habits, and condition, and as may tend to their individual

comfort and their advancement in civilization."

By this treaty the Cherokees gave up a country "larger than the three

States of Massachusetts, Rhode Island, and Connecticut combined, and

received therefor five millions of dollars and seven millions of acres

of land west of the Mississippi." This the United States "guaranteed,

and secured to be conveyed in patent," and defined it by exact

boundaries; and, "in addition to the seven millions of acres of land

thus provided for and bounded," the United States did "further guarantee

to the Cherokee nation a perpetual outlet west, and a free and

unmolested use of all the country west of the western boundary of said

seven millions of acres, as far west as the sovereignty of the United

States and their rights of soil extend."

The fifth Article of this treaty is, "The United States hereby covenant

and agree that the lands ceded to the Cherokee nation in the foregoing

article shall in no future time, without their consent, be included

within the territorial limits or jurisdiction of any State or

Territory."

In the sixth Article is this promise: "The United States agree to

protect the Cherokee nation from domestic strife and foreign enemies,

and against intestine wars between the several tribes."

Even after this treaty was made a great part of the nation refused to

sanction it, saying that it did not represent their wish; they would

never carry it out; hundreds refused to receive any longer either money

or supplies from the United States agents, lest they should be

considered to have thereby committed themselves to the treaty.

In 1837 General Wool wrote from the Cherokee country that the people

"uniformly declare that they never made the treaty in question. *** So

determined are they in their opposition that not one of all those who

were present, and voted in the council held but a day or two since at

this place, however poor or destitute, would receive either rations or

clothing from the United States, lest they might compromise themselves

in regard to the treaty. These same people, as well as those in the

mountains of North Carolina, during the summer past preferred living on

the roots and sap of trees rather than receive provisions from the

United States. Thousands, I have been informed, had no other food for

weeks."

For two years—to the very last moment allowed them by the treaty—they

clung to their lands, and at last were removed only by military force.

In May, 1838, General Scott was ordered to go with a sufficient military

force to compel the removal. His proclamation "to the Cherokee people

remaining in North Carolina, Georgia, Tennessee, and Alabama" opens

thus:

"CHEROKEES,—The President of the United States has sent me with a

powerful army to cause you, in obedience to the treaty of 1835, to join

that part of your people who are already established on the other side

of the Mississippi. Unhappily the two years which were allowed for the

purpose you have suffered to pass away without following, and without

making any preparation to follow; and now, or by the time that this

solemn address shall reach your distant settlements, the emigration must

be commenced in haste, but I hope without disorder. I have no power, by

granting a further delay, to correct the error that you have committed.

The full-moon of May is already on the wane, and before another shall

have passed away every Cherokee man, woman, and child in those States

must be in motion to join their brethren in the West."

The tone of this proclamation, at once firm and kindly, could not fail

to profoundly impress the unfortunate people to whom it was addressed.

"My troops," said the humane and sympathizing general, "already occupy

many positions in the country that you are to abandon, and thousands and

thousands are approaching from every quarter, to render resistance and

escape alike hopeless. All those troops, regular and militia, are your

friends. Receive them and confide in them as such; obey them when they

tell you that you can remain no longer in this country. Soldiers are as

kind-hearted as brave, and the desire of every one of us is to execute

our painful duty in mercy. ***

"Chiefs, headmen, and warriors, will you then, by resistance, compel us

to resort to arms? God forbid. Or will you by flight seek to hide

yourselves in mountains and forests, and thus oblige us to hunt you

down? Remember that in pursuit it may be impossible to avoid conflicts.

The blood of the white man or the blood of the red man may be spilt; and

if spilt, however accidentally, it may be impossible for the discreet

and humane among you or among us to prevent a general war and carnage.

Think of this, my Cherokee brethren! I am an old warrior, and have been

present at many a scene of slaughter; but spare me, I beseech you, the

horror of witnessing the destruction of the Cherokees. Do not even wait

for the close approach of the troops, but make such preparations for

emigration as you can, and hasten to this place, to Ross's Landing, or

to Guinter's Landing, where you will be received in kindness by officers

selected for the purpose. *** This is the address of a warrior to

warriors. May its entreaties be kindly received, and may the God of both

prosper the Americans and Cherokees, and preserve them long in peace and

friendship with each other."

The reply of the council of the Cherokee nation to this proclamation is

worthy to be put on record. They make no further protest against going;

they simply ask the privilege of undertaking the whole charge of the

removal themselves. They say: "The present condition of the Cherokee

people is such that all dispute as to the time of emigration is set at

rest. Being already severed from their homes and their property, their

persons being under the absolute control of the commanding general, and

being altogether dependent on the benevolence and humanity of that high

officer for the suspension of their transportation to the West at a

season and under circumstances in which sickness and death were to be

apprehended to an alarming extent, all inducements to prolong their stay

in this country are taken away. And however strong their attachment to

the homes of their fathers may be, their interests and their wishes are

now to depart as early as may be consistent with their safety."

The council therefore submitted to General Scott several propositions:

1st. "That the Cherokee nation will undertake the whole business of

removing their people to the west of the river Mississippi." Their

estimates of cost, and arrangement as to time, intervals, etc., were

wise and reasonable. To their estimate of $65,880 as the cost for every

thousand persons transported General Scott objected, thinking it high.

He said that he was "confident" that it would be found that out of every

thousand there would be "at least five hundred strong men, women, boys,

and girls not only capable of marching twelve or fifteen miles a day,

but to whom the exercise would be beneficial; and another hundred able

to go on foot half that distance daily." He also objected to the

estimate of the ration at sixteen cents as too high.

The council replied that they believed the estimate reasonable, "having

the comfortable removal of our people solely in view, and endeavoring to

be governed, as far as that object will allow, by the rates of

expenditure fixed by the officers of the Government. After the necessary

bedding, cooking-utensils, and other indispensable articles of twenty

persons—say, four or five families—are placed in a wagon, with

subsistence for at least two days, the weight already will be enough to

exclude, in our opinion, more than a very few persons being hauled. The

great distance to be travelled, liability to sickness on the way of

grown persons, and the desire of performing the trip in as short a time

as possible, induce us still to think our estimate of that item not

extravagant. *** Whatever may be necessary in the emigration of our

people to their comfort on the way, and as conducive to their health, we

desire to be afforded them; at the same time it is our anxious wish, in

the management of this business, to be free at all times from the

imputation of extravagance." They added that the item of soap had been

forgotten in their first estimate, and must now be included, at the rate

of three pounds to every hundred pounds of rations.

General Scott replied, "as the Cherokee people are exclusively

interested in the cost as well as the comfort of the removal," he did

not feel himself at liberty to withhold his sanction from these

estimates. In the report of the Indian Commissioner, also, it is stated

that "the cost of removal, according to the Indian estimate, is high;"

but the commissioner adds, "as their own fund pays it, and it was

insisted on by their own confidential agents, it was thought it could

not be rejected."

Noble liberality! This nation of eighteen thousand industrious,

self-supporting people, compelled at the point of the bayonet to leave

their country and seek new homes in a wilderness, are to be permitted,

as a favor, to spend on their journey to this wilderness as much of

their own money as they think necessary, and have all the soap they

want.

The record which the United States Government has left in official

papers of its self-congratulations in the matter of this Cherokee

removal has an element in it of the ludicrous, spite of the tragedy and

shame.

Says the Secretary of War: "The generous and enlightened policy evinced

in the measures adopted by Congress toward that people during the last

session was ably and judiciously carried into effect by the general

appointed to conduct their removal. The reluctance of the Indians to

relinquish the land of their birth in the East, and remove to their new

homes in the West, was entirely overcome by the judicious conduct of

that officer, and they departed with alacrity under the guidance of

their own chiefs. The arrangements for this purpose made by General

Scott, in compliance with his previous instructions, although somewhat

costly to the Indians themselves, met the entire approbation of the

Department, as it was deemed of the last importance that the Cherokees

should remove to the West voluntarily, and that upon their arrival at

the place of their ultimate destination they should recur to the manner

in which they had been treated with kind and grateful feelings. Humanity

no less than good policy dictated this course toward these children of

the forest; and in carrying out in this instance with an unwavering hand

the measures resolved upon by the Government, in the hope of preserving

the Indians and of maintaining the peace and tranquillity of the whites,

it will always be gratifying to reflect that this has been effected not

only without violence, but with every proper regard for the feelings and

interests of that people."

The Commissioner of Indian Affairs says, in his report: "The case of the

Cherokees is a striking example of the liberality of the Government in

all its branches. *** A retrospect of the last eight months in reference

to this numerous and more than ordinarily enlightened tribe cannot fail

to be refreshing to well-constituted minds."

A further appropriation had been asked by the Cherokee chiefs to meet

the expense of their removal (they not thinking $5,000,000 a very

munificent payment for a country as large as all Massachusetts, Rhode

Island, and Connecticut together), and Congress had passed a law giving

them $1147.67 more, and the commissioner says of this: "When it is

considered that by the treaty of December, 1835, the sum of $5,000,000

was stipulated to be paid them as the full value of their lands, after

that amount was declared by the Senate of the United States to be an

ample consideration for them, the spirit of this whole proceeding cannot

be too much admired. By some the measure may be regarded as just; by

others generous: it perhaps partook of both attributes. If it went

farther than naked justice could have demanded, it did not stop short of

what liberality approved. *** If our acts have been generous, they have

not been less wise and politic. A large mass of men have been

conciliated; the hazard of an effusion of human blood has been put by;

good feeling has been preserved, and we have quietly and gently

transported eighteen thousand friends to the west bank of the

Mississippi."

To dwell on the picture of this removal is needless. The fact by itself

is more eloquent than pages of detail and description could make it. No

imagination so dull, no heart so hard as not to see and to feel, at the

bare mention of such an emigration, what horrors and what anguish it

must have involved. "Eighteen thousand friends!" Only a great

magnanimity of nature, strengthened by true Christian principle, could

have prevented them from being changed into eighteen thousand bitter

enemies.

For some years after this removal fierce dissensions rent the Cherokee

nation. The party who held that the treaty of 1835 had been unfair, and

that the nation still had an unextinguished right to its old country at

the East, felt, as was natural, a bitter hatred toward the party which,

they claimed, had wrongfully signed away the nation's lands. Several of

the signers of the treaty, influential men of the nation, were murdered.

Party-spirit ran to such a height that the United States Government was

compelled to interfere; and in 1846, after long negotiations and

dissensions, a new treaty was made, by the terms and concessions of

which the anti-treaty party were appeased, a general amnesty provided

for, and comparative harmony restored to the nation.

The progress of this people in the ten years following this removal is

almost past belief. In 1851 they had twenty-two primary schools, and had

just built two large houses for a male and female seminary, in which the

higher branches of education were to be taught. They had a temperance

society with three thousand members, and an auxiliary society in each of

the eight districts into which the country was divided. They had a Bible

Society and twelve churches; a weekly newspaper, partly in English,

partly in Cherokee; eight district courts, two circuit courts, and a

supreme court. Legislative business was transacted as before by the

national council and committee, elected for four years. Nearly one

thousand boys and girls were in the public schools.

In 1860 the agitation on the subject of slavery began to be felt, a

strong antislavery party being organized in the nation. There were

stormy scenes also in that part of the country nearest the Kansas line.

For several years white settlers had persisted in taking up farms there,

and the Cherokees had in vain implored the Government to drive them

away. The officer at last sent to enforce the Cherokees' rights and

dislodge the squatters was obliged to burn their cabins over their heads

before they would stir, so persuaded were they of the superior right of

the white man over the Indian. "The only reason the settlers gave for

not heeding the notices was that they had been often notified before to

quit the reservation; and, no steps having been taken to enforce

obedience, they supposed they would be allowed to remain with like

security in this instance."

"It is surprising," says the Commissioner of Indian Affairs, "to see the

growing disposition on the part of our citizens to wholly disregard our

treaty obligations with Indian tribes within our borders; and it is to

be hoped that in future their rights will be held more sacred, or that

the Government will in every instance promptly see that they are

observed and respected."

In the first year of the Civil War a large number of the Cherokees took

up arms on the rebel side. That this was not from any love or liking for

the Southern cause, it would seem, must be evident to any one who

believed that they were possessed of memories. The opportunity of

fighting against Georgians could not but have been welcome to the soul

of a Cherokee, even if he bought it at the price of fighting on the side

of the government which had been so perfidious to his nation. Their

defection was no doubt largely due to terror. The forts in their

vicinity were surrendered to the rebels; all United States troops were

withdrawn from that part of the country. They had no prospect of

protection from the Government, and, as if to leave them without one

incentive to loyalty, the Government suspended the payment of their

annuities.

The Confederate Government stepped in, artfully promising to pay what

the Northern Government refused. It would have taken a rare loyalty,

indeed, to have stood unmoved in such circumstances as these; yet

thousands of the Indians in Indian Territory did remain loyal, and fled

for their lives to avoid being pressed into the rebel service; almost

half of the Creek nation, many Seminoles, Chickasaws, Quapaws,

Cherokees, and half a dozen others—over six thousand in all—fled to

Kansas, where their sufferings in the winter of 1862 were heart-rending.

That the Cherokees did not lightly abandon their allegiance is on record

in the official history of the Department of the Interior. The Report of

the Indian Bureau for 1863 says: "The Cherokees, prior to the Rebellion,

were the most numerous, intelligent, wealthy, and influential tribe of

this superintendency (the southern). For many months they steadily

resisted the efforts made by the rebels to induce them to abandon their

allegiance to the Federal Government; but being wholly unprotected, and

without the means of resistance, they were finally compelled to enter

into treaty stipulations with the rebel authorities. This connection

was, however, of short duration, for upon the first appearance of United

States forces in their country an entire regiment of Indian troops,

raised ostensibly for service in the rebel army, deserted and came over

to us, and have ever since been under our command, and upon all

occasions have proved themselves faithful and efficient soldiers." In

the course of the next year, however, many more joined the rebels: it

was estimated that between six and seven thousand of the wealthier

portion of the nation co-operated in one way or another with the rebels.

The result was that at the end of the war the Cherokee country was

ruined.

"In the Cherokee country," says the Report of the Indian Bureau for

1865, "where the contending armies have moved to and fro; where their

foraging parties have gone at will, sparing neither friend nor foe;

where the disloyal Cherokees in the service of the rebel government were

determined that no trace of the homesteads of their loyal brethren

should remain for their return; and where the swindling cattle-thieves

have made their ill-gotten gains for two years past, the scene is one of

utter desolation."

The party feeling between the loyal and disloyal Cherokees ran as high

as it did between the loyal and disloyal whites, and it looked for a

time as if it would be as impossible to make the two opposing parties in

the Cherokee nation agree to live peaceably side by side with each

other, as it would to make discharged soldiers from Georgia and from

Maine settle down in one village together. But after long and

troublesome negotiations a treaty was concluded in 1866, by which all

the necessary points seemed to be established of a general amnesty and

peace.

That the Indians were at a great disadvantage in the making of these new

treaties it is unnecessary to state. The peculiarity of the Government's

view of their situation and rights is most näively stated in one of the

reports for 1862. Alluding to the necessity of making at no very distant

time new treaties with all these Southern tribes, one of the Indian

superintendents says: "While the rebelling of a large portion of most of

these tribes abrogates treaty obligations, and places them at our mercy,

the very important fact should not be forgotten that the Government

first wholly failed to keep its treaty stipulations with those people,

and in protecting them, by withdrawing all the troops from the forts in

Indian Territory, and leaving them at the mercy of the rebels. It is a

well-known fact that self-preservation in many instances compelled them

to make the best terms they could with the rebels."

Nevertheless they are "at our mercy," because their making the "best

terms they could with the rebels abrogates treaty obligations." The

trite old proverb about the poorness of rules that do not work both ways

seems to be applicable here.

With a recuperative power far in advance of that shown by any of the

small white communities at the South, the Cherokees at once addressed

themselves to rebuilding their homes and reconstructing their national

life. In one year they established fifteen new schools, set all their

old industries going, and in 1869 held a large agricultural fair, which

gave a creditable exhibition of stock and farm produce. Thus a second

time they recovered themselves, after what would seem to be well-nigh

their destruction as a people. But the Indian's fate of perpetual

insecurity, alarm, and unrest does not abandon them. In 1870 they are

said to be "extremely uneasy about the security of their possession of

the lands they occupy." When asked why their high-schools are not

re-established, reforms introduced into the administration of justice,

desirable improvements undertaken, the reply inevitably comes, "We

expect to have our lands taken away: what is the use of all that when

our doom as a nation is sealed?"

"Distrust is firmly seated in their minds. National apathy depresses

them, and until they realize a feeling of assurance that their title to

their lands will be respected, and that treaties are an inviolable law

for all parties, the Cherokees will not make the efforts for national

progress of which they are capable."

When their delegates went to Washington, in 1866, to make the new

treaty, they were alarmed by the position taken by the Government that

the nation, as a nation, had forfeited its rights. They were given to

understand that "public opinion held them responsible for complicity in

the Rebellion; and, although they could point to the fact that the only

countenance the rebels received came from less than one-third of the

population, and cite the services of two Cherokee regiments in the Union

cause, it was urged home to them that, before being rehabilitated in

their former rights by a new treaty, they were not in a position to

refuse any conditions imposed. Such language from persons they believed

to possess the power of injuring their people intimidated the Cherokee

delegates. They sold a large tract in South-eastern Kansas at a dollar

an acre to an association of speculators, and it went into the

possession of a railroad company. They also acceded, against the wishes

of the Cherokee people, to a provision in the treaty granting right of

way through the country for two railroads. This excited great uneasiness

among the Indians."

And well it might. The events of the next few years amply justified this

uneasiness. The rapacity of railroad corporations is as insatiable as

their methods are unscrupulous. The phrase "extinguishing Indian titles"

has become, as it were, a mere technical term in the transfer of lands.

The expression is so common that it has probably been one of the

agencies in fixing in the minds of the people the prevalent impression

that extinction is the ultimate and inevitable fate of the Indian; and

this being the case, methods and times are not, after all, of so much

consequence; they are merely foreordained conditions of the great

foreordained progression of events. This is the only explanation of the

unconscious inhumanity of many good men's modes of thinking and speaking

in regard to the Indians being driven from home after home, and robbed

of tract after tract of their lands.

In the Report of the Indian Bureau for 1875 is an account of a remnant

of the Cherokee tribe in North Carolina: "They number not far from

seventeen hundred, and there are probably in other parts of North

Carolina, and scattered through Georgia and Tennessee, between three and

four hundred more. These Cherokees have had an eventful history. When

the main portion of the tribe was compelled to remove west of the

Mississippi they fled to the mountains, and have steadily refused to

leave their homes. The proceeds of their lands, which were sold in

accordance with a treaty with the main body of the Cherokees, have been

mainly expended in the purchase of lands, and providing funds for the

Western Cherokees. At various times previous to the year 1861 the agent

for the Eastern Cherokees, at their request, purchased lands with their

funds, upon which they might make their homes. These purchases, though

probably made with good intent, carelessly left the title in their agent

personally, and not in trust. By this neglect, when subsequently the

agent became insolvent, all their lands were seized and sold for his

debts. By special legislation of Congress their case has been brought

before the courts of North Carolina, and their rights to a certain

extent asserted, and they are enabled to maintain possession of their

lands; and, by the use of their own funds in extinguishing liens, are

now in possession of above seventy thousand acres of fair arable,

timber, and grazing lands. They have shown themselves capable of

self-support, and, I believe, have demonstrated the unwisdom of removing

Indians from a country which offers to them a home, and where a white

man could make a living. This is shown by the fact that they are now,

though receiving scarcely any Government aid, in a more hopeful

condition, both as to morals, and industry, and personal property, than

the Cherokees who removed West."

The Report of the Indian Bureau for 1876 fully bears out this statement.

The North Carolina Cherokees have, indeed, reason to be in a more

hopeful condition, for they have their lands secured to them by patent,

confirmed by a decision of State courts; but this is what the Department

of the Interior has brought itself to say as to the Western Cherokees'

lands, and those of all other civilized tribes in the Indian Territory:

"By treaty the Government has ceded to the so-called civilized

tribes—the Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles—a

section of country altogether disproportionate in amount to their needs.

*** The amount susceptible of cultivation must be many-fold greater than

can ever be cultivated by the labor of the Indians. But the Indians

claim, it is understood, that they hold their lands by sanctions so

solemn that it would be a gross breach of faith on the part of the

Government to take away any portion thereof without their consent; and

that consent they apparently propose to withhold."

Let us set side by side with this last paragraph a quotation from the

treaty by virtue of which "the Indians claim, it is understood, that

they hold" these lands, which they now "apparently propose to withhold."

We will not copy it from the original treaty; we will copy it, and a few

other sentences with it, from an earlier report of this same Department

of the Interior. Only so far back as 1870 we find the Department in a

juster frame of mind toward the Cherokees. "A large part of the Indian

tribes hold lands to which they are only fixed by laws that define the

reservations to which they shall be confined. It cannot be denied that

these are in a great measure dependent on the humanity of the American

people. *** But the Cherokees, and the other civilized Indian nations no

less, hold lands in perpetuity by titles defined by the supreme law of

the land. The United States agreed 'to possess the Cherokees, and to

guarantee it to them forever,' and that guarantee 'was solemnly pledged

of seven million acres of land.' The consideration for this territory

was the same number of acres elsewhere located. The inducement to the

bargain set forth in the treaty was 'the anxious desire of the

Government of the United States to secure to the Cherokee nation of

Indians a permanent home, and which shall, under the most solemn

guarantee of the United States, be and remain theirs forever—a home that

shall never in all future time be embarrassed by having extended around

it the lines or placed over it the jurisdiction of a Territory or State,

or be pressed upon by the extension in any way of the limits of any

existing State.' To assure them of their title, a patent for the

Territory was issued."

This was the view of the Department of the Interior in 1870. In 1876 the

Department says that affairs in the Indian Territory are "complicated

and embarrassing, and the question is directly raised whether an

extensive section of country is to be allowed to remain for an

indefinite period practically an uncultivated waste, or whether the

Government shall determine to reduce the size of the reservation."

The phrase "whether the Government shall determine to reduce the size of

the reservation" sounds much better than "whether the Government shall

rob the Indians of a few millions of acres of land;" but the latter

phrase is truth, and the other is the spirit of lying.

The commissioner says that the question is a difficult one, and should

be "considered with calmness, and a full purpose to do no injustice to

the Indians." He gives his own personal opinion on it "with hesitancy,"

but gives it nevertheless, that "public policy will soon require the

disposal of a large portion of these lands to the Government for the

occupancy either of other tribes of Indians or of white people. There is

a very general and growing opinion that observance of the strict letter

of treaties with Indians is in many cases at variance with their own

best interests and with sound public policy." He adds, however, that it

must not be understood from this recommendation that it is "the policy

or purpose of this office to in any way encourage the spirit of rapacity

which demands the throwing open of the Indian Territory to white

settlement." He says, "the true way to secure its perpetual occupancy by

Indians is to fill it up with other Indians, to give them lands in

severalty, and to provide a government strong and intelligent enough to

protect them effectually from any and all encroachments on the part of

the whites."

Comment on these preposterously contradictory sentences would be idle.

The best comment on them, and the most fitting close to this sketch of

the Cherokee nation, is in a few more quotations from the official

reports of the Indian Bureau.

Of this people, from whom the Department of the Interior proposes, for

"public policy," to take away "a large portion" of their country, it has

published within the last three years these records:

"It has been but a few years since the Cherokees assembled in council

under trees or in a rude log-house, with hewed logs for seats. Now the

legislature assembles in a spacious brick council-house, provided with

suitable committee-rooms, senate chamber, representative hall, library,

and executive offices, which cost $22,000.

"Their citizens occupy neat hewed double log-cabins, frame, brick, or

stone houses, according to the means or taste of the individual, with

ground adorned by ornamental trees, shrubbery, flowers, and nearly every

improvement, including orchards of the choicest fruits. Some of these

orchards have existed for nearly twenty years, and are now in a good,

fruitful condition. Their women are usually good house-keepers, and give

great attention to spinning and weaving yarns, jeans, and linsey, and

make most of the pants and hunter-jackets of the men and boys. The

farmers raise most of their own wool and cotton, and it is not an

uncommon sight, in a well-to-do Cherokee farmer's house, to see a

sewing-machine and a piano.

"They have ample provision for the education of all their children to a

degree of advancement equal to that furnished by an ordinary college in

the States. They have seventy-five common day-schools, kept open ten

months in the year, in the different settlements. For the higher

education of their young men and women they have two commodious and

well-furnished seminaries, one for each sex; and, in addition to those

already mentioned, they have a manual labor school and an orphan asylum.

The cost of maintaining these schools the past year (1877) was, as

reported by the superintendent of public instruction, $73,441.65, of

which $41,475 was paid as salary to teachers.

"They have twenty-four stores, twenty-two mills, and sixty-five

smith-shops, owned and conducted by their own citizens.

"Their constitution and laws are published in book form; and from their

printing-house goes forth among the people in their own language, and

also in English, the _Cherokee Advocate_, a weekly paper, which is

edited with taste and ability.

"They have (and this is true also of the Choctaws, Creeks, Chickasaws,

and Seminoles) a constitutional government, with legislative, judicial,

and executive departments, and conducted upon the same plan as our State

governments, the entire expenses of which are paid out of their own

funds, which are derived from interest on various stocks and bonds—the

invested proceeds of the sale of their lands, and held in trust by the

Government of the United States—which interest is paid the treasurers of

the different nations semi-annually, and by them disbursed on national

warrants issued by the principal chief and secretary, and registered by

the auditors.

"They are an intelligent, temperate, and industrious people, who live by

the honest fruits of their labor, and seem ambitious to advance both as

to the development of their lands and the conveniences of their homes.

In their council may be found men of learning and ability; and it is

doubtful if their rapid progress from a state of wild barbarism to that

of civilization and enlightenment has any parallel in the history of the

world. What required five hundred years for the Britons to accomplish in

this direction they have accomplished in one hundred years."

Will the United States Government determine to "reduce the size of the

reservation?"

A Century of Dishonor A Sketch of the United States Government's Dealings with Some of the Indian Tribes · 第 8 / 13 章