WASHINGTON, _April 13, 1846_.
_To the Senate and House of Representatives_:
In my annual message of the 2d of December last it was stated that
serious difficulties of long standing continued to distract the several
parties into which the Cherokee tribe of Indians is unhappily divided;
that all the efforts of the Government to adjust these difficulties had
proved to be unsuccessful, and would probably remain so without the aid
of further legislation by Congress. Subsequent events have confirmed
this opinion.
I communicate herewith, for the information of Congress, a report of the
Secretary of War, transmitting a report of the Commissioner of Indian
Affairs, with accompanying documents, together with memorials which have
been received from the several bands or parties of the Cherokees
themselves. It will be perceived that internal feuds still exist which
call for the prompt intervention of the Government of the United States.
Since the meeting of Congress several unprovoked murders have been
committed by the stronger upon the weaker party of the tribe, which will
probably remain unpunished by the Indian authorities; and there is
reason to apprehend that similar outrages will continue to be
perpetrated unless restrained by the authorities of the United States.
Many of the weaker party have been compelled to seek refuge beyond the
limits of the Indian country and within the State of Arkansas, and are
destitute of the means for their daily subsistence. The military forces
of the United States stationed on the western frontier have been active
in their exertions to suppress these outrages and to execute the treaty
of 1835, by which it is stipulated that "the United States agree to
protect the Cherokee Nation from domestic strife and foreign enemies,
and against intestine wars between the several tribes."
These exertions of the Army have proved to a great extent unavailing,
for the reasons stated in the accompanying documents, including
communications from the officer commanding at Fort Gibson.
I submit, for the consideration of Congress, the propriety of making
such amendments of the laws regulating intercourse with the Indian
tribes as will subject to trial and punishment in the courts of the
United States all Indians guilty of murder and such other felonies as
may be designated, when committed on other Indians within the
jurisdiction of the United States.
Such a modification of the existing laws is suggested because if
offenders against the laws of humanity in the Indian country are left
to be punished by Indian laws they will generally, if not always, be
permitted to escape with impunity. This has been the case in repeated
instances among the Cherokees. For years unprovoked murders have been
committed, and yet no effort has been made to bring the offenders to
punishment. Should this state of things continue, it is not difficult to
foresee that the weaker party will be finally destroyed. As the guardian
of the Indian tribes, the Government of the United States is bound by
every consideration of duty and humanity to interpose to prevent such
a disaster.
From the examination which I have made into the actual state of things
in the Cherokee Nation I am satisfied that there is no probability that
the different bands or parties into which it is divided can ever again
live together in peace and harmony, and that the well-being of the whole
requires that they should be separated and live under separate
governments as distinct tribes.
That portion who emigrated to the west of the Mississippi prior to the
year 1819, commonly called the "Old Settlers," and that portion who made
the treaty of 1835, known as the "treaty party," it is believed would
willingly unite, and could live together in harmony. The number of
these, as nearly as can be estimated, is about one-third of the tribe.
The whole number of all the bands or parties does not probably exceed
20,000. The country which they occupy embraces 7,000,000 acres of land,
with the privilege of an outlet to the western limits of the United
States. This country is susceptible of division, and is large enough for
all.
I submit to Congress the propriety of either dividing the country which
they at present occupy or of providing by law a new home for the one or
the other of the bands or parties now in hostile array against each
other, as the most effectual, if not the only, means of preserving the
weaker party from massacre and total extermination. Should Congress
favor the division of the country as suggested, and the separation of
the Cherokees into two distinct tribes, justice will require that the
annuities and funds belonging to the whole, now held in trust for them
by the United States, should be equitably distributed among the parties,
according to their respective claims and numbers.
There is still a small number of the Cherokee tribe remaining within the
State of North Carolina, who, according to the stipulations of the
treaty of 1835, should have emigrated with their brethren to the west of
the Mississippi. It is desirable that they should be removed, and in the
event of a division of the country in the West, or of a new home being
provided for a portion of the tribe, that they be permitted to join
either party, as they may prefer, and be incorporated with them.
I submit the whole subject to Congress, that such legislative measures
may be adopted as will be just to all the parties or bands of the tribe.
Such measures, I am satisfied, are the only means of arresting the
horrid and inhuman massacres which have marked the history of the
Cherokees for the last few years, and especially for the last few
months.
The Cherokees have been regarded as among the most enlightened of the
Indian tribes, but experience has proved that they have not yet advanced
to such a state of civilization as to dispense with the guardian care
and control of the Government of the United States.