THE ARKANSAS BAND--1817-1838

Having followed the fortunes of the main body of the Nation to their

final destination in the West, we now turn to review briefly the

history of the earlier emigrants, the Arkansas or Old Settler Cherokee.

The events leading to the first westward migration and the subsequent

negotiations which resulted in the assignment of a territory in

Arkansas to the western Cherokee, by the treaty of 1817, have been

already noted. The great majority of those thus voluntarily removing

belonged to the conservative hunter element, who desired to reestablish

in the western wilderness the old Indian life from which, through

the influence of schools and intelligent leadership, the body of

the Cherokee was rapidly drifting away. As the lands upon which the

emigrants had settled belonged to the Osage, whose claim had not yet

been extinguished by the United States, the latter objected to their

presence, and the Cherokee were compelled to fight to maintain their

own position, so that for the first twenty years or more the history of

the western band is a mere petty chronicle of Osage raids and Cherokee

retaliations, emphasized from time to time by a massacre on a larger

scale. By the treaty of 1817 the western Cherokee acquired title to a

definite territory and official standing under Government protection

and supervision, the lands assigned them having been acquired by

treaty from the Osage. The great body of the Cherokee in the East

were strongly opposed to any recognition of the western band, seeing

in such action only the beginning of an effort looking toward the

ultimate removal of the whole tribe. The Government lent support to

the scheme, however, and a steady emigration set in until, in 1819,

the emigrants were said to number several thousands. Unsuccessful

endeavors were made to increase the number by inducing the Shawano and

Delawares of Missouri and the Oneida of New York to join them. [336]

In 1818 Tollunteeskee (Ata'lûñti'ski), principal chief of the

Arkansas Cherokee, while on a visit to old friends in the East,

had become acquainted with one of the officers of the American

Board of Commissioners for Foreign Missions, and had asked for the

establishment of a mission among his people in the West. In response to

the invitation the Reverend Cephas Washburn and his assistant, Reverend

Alfred Finney, with their families, set out the next year from the old

Nation, and after a long and exhausting journey reached the Arkansas

country, where, in the spring of 1820, they established Dwight mission,

adjoining the agency at the mouth of Illinois creek, on the northern

bank of the Arkansas, in what is now Pope county, Arkansas. The name

was bestowed in remembrance of Timothy Dwight, a Yale president and

pioneer organizer of the American Board. Tollunteeskee having died in

the meantime was succeeded as principal chief by his brother, John

Jolly, [337] the friend and adopted father of Samuel Houston. Jolly

had removed from his old home at the mouth of Hiwassee, in Tennessee,

in 1818. [338]

In the spring of 1819 Thomas Nuttall, the naturalist, ascended the

Arkansas, and he gives an interesting account of the western Cherokee

as he found them at the time. In going up the stream, "both banks of

the river, as we proceeded, were lined with the houses and farms of

the Cherokee, and though their dress was a mixture of indigenous and

European taste, yet in their houses, which are decently furnished,

and in their farms, which were well fenced and stocked with cattle,

we perceive a happy approach toward civilization. Their numerous

families, also, well fed and clothed, argue a propitious progress in

their population. Their superior industry either as hunters or farmers

proves the value of property among them, and they are no longer

strangers to avarice and the distinctions created by wealth. Some

of them are possessed of property to the amount of many thousands

of dollars, have houses handsomely and conveniently furnished, and

their tables spread with our dainties and luxuries." He mentions an

engagement some time before between them and the Osage, in which the

Cherokee had killed nearly one hundred of the Osage, besides taking

a number of prisoners. He estimates them at about fifteen hundred,

being about half the number estimated by the eastern Nation as having

emigrated to the West, and only one-fourth of the official estimate. A

few Delawares were living with them. [339]

The Osage troubles continued in spite of a treaty of peace between

the two tribes made at a council held under the direction of Governor

Clark at St. Louis, in October, 1818. [340] Warriors from the eastern

Cherokee were accustomed to make the long journey to the Arkansas

to assist their western brethren, and returned with scalps and

captives. [341]

In the summer of 1820 a second effort for peace was made by Governor

Miller of Arkansas territory. In reply to his talk the Osage complained

that the Cherokee had failed to deliver their Osage captives as

stipulated in the previous agreement at St. Louis. This, it appears,

was due in part to the fact that some of these captives had been

carried to the eastern Cherokee, and a messenger was accordingly

dispatched to secure and bring them back. Another peace conference

was held soon afterward at Fort Smith, but to very little purpose,

as hostilities were soon resumed and continued until the United States

actively interposed in the fall of 1822. [342]

In this year also Sequoya visited the western Cherokee to introduce to

them the knowledge of his great invention, which was at once taken up

through the influence of Takatoka (Degatâ'ga), a prominent chief who

had hitherto opposed every effort of the missionaries to introduce

their own schools and religion. In consequence perhaps of this

encouragement Sequoya removed permanently to the West in the following

year and became henceforth a member of the western Nation. [343]

Like other Indians, the western Cherokee held a firm belief

in witchcraft, which led to frequent tragedies of punishment or

retaliation. In 1824 a step forward was marked by the enactment of a

law making it murder to kill any one for witchcraft, and an offense

punishable with whipping to accuse another of witchcraft. [344] This

law may have been the result of the silent working of missionary

influence, supported by such enlightened men as Sequoya.

The treaty which assigned the Arkansas lands to the western Cherokee

had stipulated that a census should be made of the eastern and western

divisions of the Nation, separately, and an apportionment of the

national annuity forthwith made on that basis. The western line of

the Arkansas tract had also been left open, until according to another

stipulation of the same treaty, the whole amount of land ceded through

it to the United States by the Cherokee Nation in the East could be

ascertained in order that an equal quantity might be included within

the boundaries of the western tract. [345] These promises had not

yet been fulfilled, partly because of the efforts of the Government

to bring about a larger emigration or a further cession, partly on

account of delay in the state surveys, and partly also because the

Osage objected to the running of a line which should make the Cherokee

their next door neighbors. [346] With their boundaries unadjusted

and their annuities withheld, distress and dissatisfaction overcame

the western Cherokee, many of whom, feeling themselves absolved from

territorial restrictions, spread over the country on the southern side

of Arkansas river, [347] while others, under the lead of a chief named

The Bowl (Diwa'`li), crossed Red river into Texas--then a portion of

Mexico--in a vain attempt to escape American jurisdiction. [348]

A provisional western boundary having been run, which proved

unsatisfactory both to the western Cherokee and to the people of

Arkansas, an effort was made to settle the difficulty by arranging an

exchange of the Arkansas tract for a new country west of the Arkansas

line. So strongly opposed, however, were the western Cherokee to this

project that their council, in 1825, passed a law, as the eastern

Cherokee and the Creeks had already done, fixing the death penalty

for anyone of the tribe who should undertake to cede or exchange land

belonging to the Nation. [349]

After a long series of negotiations such pressure was brought to bear

upon a delegation which visited Washington in 1828 that consent was

at last obtained to an exchange of the Arkansas tract for another

piece of seven million acres lying farther west, together with "a

perpetual outlet west" of the tract thus assigned, as far west as the

sovereignty of the United States might extend. [350] The boundaries

given for this seven-million-acre tract and the adjoining western

outlet were modified by treaty at Fort Gibson five years later so as

to be practically equivalent to the present territory of the Cherokee

Nation in Indian Territory, with the Cherokee strip recently ceded.

The preamble of the Washington treaty of May 6, 1828, recites that

"Whereas, it being the anxious desire of the Government of the

United States to secure to the Cherokee nation of Indians, as well

those now living within the limits of the territory of Arkansas as

those of their friends and brothers who reside in states east of the

Mississippi, and who may wish to join their brothers of the West,

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,

nor be pressed upon by the extension in any way of any of the limits

of any existing territory or state; and whereas the present location

of the Cherokees in Arkansas being unfavorable to their present repose,

and tending, as the past demonstrates, to their future degradation and

misery, and the Cherokees being anxious to avoid such consequences,"

etc.--therefore, they cede everything confirmed to them in 1817.

Article 2 defines the boundaries of the new tract and the western

outlet to be given in exchange, lying immediately west of the present

Arkansas line, while the next article provides for the removal of

all whites and others residing within the said boundaries, "so that

no obstacles arising out of the presence of a white population, or

any population of any other sort, shall exist to annoy the Cherokees,

and also to keep all such from the west of said line in future."

Other articles provide for payment for improvements left behind;

for a cash sum of $50,000 to pay for trouble and expense of removal

and to compensate for the inferior quality of the lands in the new

tract; for $6,000 to pay for recovering stock which may stray away

"in quest of the pastures from which they may be driven;" $8,760

for spoliations committed by Osage and whites; $500 to George Guess

(Sequoya)--who was himself one of the signers--in consideration of the

beneficial results to his tribe from the alphabet invented by him;

$20,000 in ten annual payments for education; $1,000 for a printing

press and type to aid in the enlightenment of the people "in their

own and our language"; a personal indemnity for false imprisonment;

and for the removal and reestablishment of the Dwight mission.

In article 6 "it is moreover agreed by the United States, whenever

the Cherokee may desire it, to give them a set of plain laws, suited

to their condition; also, when they wish to lay off their lands and

own them individually, a surveyor shall be sent to make the surveys

at the cost of the United States." This article was annulled in 1833

by request of the Cherokee.

Article 9 provides for the Fort Gibson military reservation within

the new tract, while article 7 binds the Cherokee to surrender and

remove from all their lands in Arkansas within fourteen months.

Article 8 shows that all this was intended to be only preliminary

to the removal of the whole Cherokee Nation from the east of the

Mississippi, a consummation toward which the Jackson administration

and the state of Georgia immediately began to bend every effort. It

is as follows:

Article 8. The Cherokee nation, west of the Mississippi, having

by this agreement freed themselves from the harassing and ruinous

effects consequent upon a location amidst a white population,

and secured to themselves and their posterity, under the solemn

sanction of the guarantee of the United States as contained in

this agreement, a large extent of unembarrassed country; and that

their brothers yet remaining in the states may be induced to join

them and enjoy the repose and blessings of such a state in the

future, it is further agreed on the part of the United States

that to each head of a Cherokee family now residing within the

chartered limits of Georgia, or of either of the states east of

the Mississippi, who may desire to remove west, shall be given,

on enrolling himself for emigration, a good rifle, a blanket,

a kettle, and five pounds of tobacco; (and to each member of his

family one blanket), also a just compensation for the property

he may abandon, to be assessed by persons to be appointed by the

President of the United States. The cost of the emigration of

all such shall also be borne by the United States, and good and

suitable ways opened and procured for their comfort, accommodation,

and support by the way, and provisions for twelve months after

their arrival at the agency; and to each person, or head of a

family, if he take along with him four persons, shall be paid

immediately on his arriving at the agency and reporting himself

and his family or followers as emigrants or permanent settlers, in

addition to the above, provided he and they shall have emigrated

from within the chartered limits of the State of Georgia, the

sum of fifty dollars, and this sum in proportion to any greater

or less number that may accompany him from within the aforesaid

chartered limits of the State of Georgia.

A Senate amendment, defining the limits of the western outlet,

was afterward found to be impracticable in its restrictions and was

canceled by the treaty made at Fort Gibson in 1833. [351]

The Washington treaty was signed by several delegates, including

Sequoya, four of them signing in Cherokee characters. As the laws

of the western Cherokee made it a capital offense to negotiate any

sale or exchange of land excepting by authority of council, and the

delegates had acted without such authority, they were so doubtful

as to what might happen on their return that the Secretary of War

sent with them a letter of explanation assuring the Cherokee that

their representatives had acted with integrity and earnest zeal for

their people and had done the best that could be done with regard

to the treaty. Notwithstanding this, they found the whole tribe so

strongly opposed to the treaty that their own lives and property

were unsafe. The national council pronounced them guilty of fraud

and deception and declared the treaty null and void, as having been

made without authority, and asked permission to send on a delegation

authorized to arrange all differences. [352] In the meantime, however,

the treaty had been ratified within three weeks of its conclusion,

and thus, hardly ten years after they had cleared their fields on the

Arkansas, the western Cherokee were forced to abandon their cabins

and plantations and move once more into the wilderness.

A considerable number, refusing to submit to the treaty or to trust

longer to guarantees and promises, crossed Red river into Texas and

joined the Cherokee colony already located there by The Bowl, under

Mexican jurisdiction. Among those thus removing was the noted chief

Tahchee (Tatsi) or "Dutch," who had been one of the earliest emigrants

to the Arkansas country. After several years in Texas, during which

he led war parties against the wilder tribes, he recrossed Red river

and soon made himself so conspicuous in raids upon the Osage that a

reward of five hundred dollars was offered by General Arbuckle for

his capture. To show his defiance of the proclamation, he deliberately

journeyed to Fort Gibson, attacked a party of Osage at a trading post

near by, and scalped one of them within hearing of the drums of the

fort. With rifle in one hand and the bleeding scalp in the other,

he leaped a precipice and made his escape, although a bullet grazed

his cheek. On promise of amnesty and the withdrawal of the reward, he

afterward returned and settled, with his followers, on the Canadian,

southwest of Fort Gibson, establishing a reputation among army officers

as a valuable scout and guide. [353]

By treaties made in 1826 and 1827 the Creeks had ceded all

their remaining lands in Georgia and agreed to remove to Indian

Territory. Some of these emigrants had settled along the northern bank

of the Arkansas and on Verdigris river, on lands later found to be

within the limits of the territory assigned to the western Cherokee by

the treaty of 1828. This led to jealousies and collisions between the

two tribes, and in order to settle the difficulty the United States

convened a joint council of Creeks and Cherokee at Fort Gibson, with

the result that separate treaties were concluded with each on February

14, 1833, defining their respective bounds to the satisfaction of all

concerned. By this arrangement the upper Verdigris was confirmed to

the Cherokee, and the Creeks who had settled along that portion of

the stream agreed to remove to Creek territory immediately adjoining

on the south. [354]

By the treaty made on this occasion with the Cherokee the boundaries

of the tract of seven million acres granted by the treaty of 1828

are defined so as to correspond with the present boundaries of the

Cherokee country in Indian territory, together with a strip two miles

wide along the northern border, which was afterward annexed to the

state of Kansas by the treaty of 1866. A tract in the northeastern

corner, between Neosho or Grand river and the Missouri line, was

set apart for the use of the Seneca and several other remnants of

tribes removed from their original territories. The western outlet

established by the treaty of 1828 was reestablished as a western

extension from the seven-million-acre tract thus bounded, being what

was afterward known as the Cherokee strip or outlet plus the two-mile

strip extending westward along the south line of Kansas.

After describing the boundaries of the main residence tract, the

first article continues:

In addition to the seven millions of acres of land thus provided

for and bounded the United States further guarantee to the Cherokee

nation a perpetual outlet west and a free and unmolested use of

all the country lying west of the western boundary of said seven

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

States and their right of soil extend--provided, however, that

if the saline or salt plain on the great western prairie shall

fall within said limits prescribed for said outlet the right

is reserved to the United States to permit other tribes of red

men to get salt on said plain in common with the Cherokees--and

letters patent shall be issued by the United States as soon as

practicable for the lands hereby guaranteed.

The third article cancels, at the particular request of the Cherokee,

that article of the treaty of 1828 by which the government was to

give to the Cherokee a set of laws and a surveyor to survey lands

for individuals, when so desired by the Cherokee. [355]

Their differences with the Creeks having been thus adjusted, the

Arkansas Cherokee proceeded to occupy the territory guaranteed to

them, where they were joined a few years later by their expatriated

kinsmen from the east. By tacit agreement some of the Creeks who had

settled within the Cherokee bounds were permitted to remain. Among

these were several families of Uchee--an incorporated tribe of the

Creek confederacy--who had fixed their residence at the spot where

the town of Tahlequah was afterward established. They remained here

until swept off by smallpox some sixty years ago. [356]

Myths of the Cherokee Extract from the Nineteenth Annual Report of the Bureau of American Ethnology · 第 34 / 197 题