THE EASTERN BAND

It remains to speak of the eastern band of Cherokee--the remnant which

still clings to the woods and waters of the old home country. As

has been said, a considerable number had eluded the troops in the

general round-up of 1838 and had fled to the fastnesses of the high

mountains. Here they were joined by others who had managed to break

through the guard at Calhoun and other collecting stations, until

the whole number of fugitives in hiding amounted to a thousand or

more, principally of the mountain Cherokee of North Carolina, the

purest-blooded and most conservative of the Nation. About one-half

the refugee warriors had put themselves under command of a noted

leader named U'tsala, "Lichen," who made his headquarters amid the

lofty peaks at the head of Oconaluftee, from which secure hiding

place, although reduced to extremity of suffering from starvation

and exposure, they defied every effort to effect their capture.

The work of running down these fugitives proved to be so difficult

an undertaking and so well-nigh barren of result that when Charley

and his sons made their bold stroke for freedom [408] General Scott

eagerly seized the incident as an opportunity for compromise. To this

end he engaged the services of William H. Thomas, a trader who for

more than twenty years had been closely identified with the mountain

Cherokee and possessed their full confidence, and authorized him to

submit to U'tsala a proposition that if the latter would seize Charley

and the others who had been concerned in the attack upon the soldiers

and surrender them for punishment, the pursuit would be called off and

the fugitives allowed to stay unmolested until an effort could be made

to secure permission from the general government for them to remain.

Thomas accepted the commission, and taking with him one or two

Indians made his way over secret paths to U'tsala's hiding place. He

presented Scott's proposition and represented to the chief that by

aiding in bringing Charley's party to punishment according to the

rules of war he could secure respite for his sorely pressed followers,

with the ultimate hope that they might be allowed to remain in their

own country, whereas if he rejected the offer the whole force of the

seven thousand troops which had now completed the work of gathering

up and deporting the rest of the tribe would be set loose upon his

own small band until the last refugee had been either taken or killed.

U'tsala turned the proposition in his mind long and seriously. His

heart was bitter, for his wife and little son had starved to death on

the mountain side, but he thought of the thousands who were already on

their long march into exile and then he looked round upon his little

band of followers. If only they might stay, even though a few must

be sacrificed, it was better than that all should die--for they had

sworn never to leave their country. He consented and Thomas returned

to report to General Scott.

Now occurred a remarkable incident which shows the character of Thomas

and the masterly influence which he already had over the Indians,

although as yet he was hardly more than thirty years old. It was

known that Charley and his party were in hiding in a cave of the Great

Smokies, at the head of Deep creek, but it was not thought likely that

he could be taken without bloodshed and a further delay which might

prejudice the whole undertaking. Thomas determined to go to him and

try to persuade him to come in and surrender. Declining Scott's offer

of an escort, he went alone to the cave, and, getting between the

Indians and their guns as they were sitting around the fire near the

entrance, he walked up to Charley and announced his message. The old

man listened in silence and then said simply, "I will come in. I don't

want to be hunted down by my own people." They came in voluntarily and

were shot, as has been already narrated, one only, a mere boy, being

spared on account of his youth. This boy, now an old man, is still

living, Wasitû'na, better known to the whites as Washington. [409]

A respite having thus been obtained for the fugitives, Thomas next went

to Washington to endeavor to make some arrangement for their permanent

settlement. Under the treaty of New Echota, in 1835, the Cherokee

were entitled, besides the lump sum of five million dollars for the

lands ceded, to an additional compensation for the improvements which

they were forced to abandon and for spoliations by white citizens,

together with a per capita allowance to cover the cost of removal and

subsistence for one year in the new country. The twelfth article had

also provided that such Indians as chose to remain in the East and

become citizens there might do so under certain conditions, each head

of a family thus remaining to be confirmed in a preemption right to

160 acres. In consequence of the settled purpose of President Jackson

to deport every Indian, this permission was canceled and supplementary

articles substituted by which some additional compensation was allowed

in lieu of the promised preemptions and all individual reservations

granted under previous treaties. [410] Every Cherokee was thus made

a landless alien in his original country.

The last party of emigrant Cherokee had started for the West in

December, 1838. Nine months afterwards the refugees still scattered

about in the mountains of North Carolina and Tennessee were reported

to number 1,046. [411] By persistent effort at Washington from 1836 to

1842, including one continuous stay of three years at the capital city,

Thomas finally obtained governmental permission for these to remain,

and their share of the moneys due for improvements and reservations

confiscated was placed at his disposal, as their agent and trustee,

for the purpose of buying lands upon which they could be permanently

settled. Under this authority he bought for them, at various times

up to the year 1861, a number of contiguous tracts of land upon

Oconaluftee river and Soco creek, within the present Swain and Jackson

counties of North Carolina, together with several detached tracts in

the more western counties of the same state. The main body, upon the

waters of Oconaluftee, which was chiefly within the limits of the

cession of 1819, came afterward to be known as the Qualla boundary,

or Qualla reservation, taking the name from Thomas' principal trading

store and agency headquarters. The detached western tracts were

within the final cession of 1835, but all alike were bought by Thomas

from white owners. As North Carolina refused to recognize Indians as

landowners within the state, and persisted in this refusal until 1866,

[412] Thomas, as their authorized agent under the Government, held the

deeds in his own name. Before it was legally possible under the state

laws to transfer the title to the Indians, his own affairs had become

involved and his health impaired by age and the hardships of military

service so that his mind gave way, thus leaving the whole question

of the Indian title a subject of litigation until its adjudication by

the United States in 1875, supplemented by further decisions in 1894.

To Colonel William Holland Thomas the East Cherokee of to-day

owe their existence as a people, and for half a century he was as

intimately connected with their history as was John Ross with that of

the main Cherokee Nation. Singularly enough, their connection with

Cherokee affairs extended over nearly the same period, but while

Ross participated in their national matters Thomas gave his effort

to a neglected band hardly known in the councils of the tribe. In

his many-sided capacity he strikingly resembles another white man

prominent in Cherokee history, General Sam Houston.

Thomas was born in the year 1805 on Raccoon creek, about two miles

from Waynesville in North Carolina. His father, who was related to

President Zachary Taylor, came of a Welsh family which had immigrated

to Virginia at an early period, while on his mother's side he was

descended from a Maryland family of Revolutionary stock. He was

an only and posthumous child, his father having been accidentally

drowned a short time before the boy was born. Being unusually bright

for his age, he was engaged when only twelve years old to tend an

Indian trading store on Soco creek, in the present Jackson county,

owned by Felix Walker, son of the Congressman of the same name who

made a national reputation by "talking for Buncombe." The store

was on the south side of the creek, about a mile above the now

abandoned Macedonia mission, within the present reservation, and

was a branch of a larger establishment which Walker himself kept at

Waynesville. The trade was chiefly in skins and ginseng, or "sang,"

the latter for shipment to China, where it was said to be worth its

weight in silver. This trade was very profitable, as the price to the

Indians was but ten cents per pound in merchandise for the green root,

whereas it now brings seventy-five cents in cash upon the reservation,

the supply steadily diminishing with every year. The contract was

for three years' service for a total compensation of one hundred

dollars and expenses, but Walker devoted so much of his attention to

law studies that the Waynesville store was finally closed for debt,

and at the end of his contract term young Thomas was obliged to accept

a lot of second-hand law books in lieu of other payment. How well he

made use of them is evident from his subsequent service in the state

senate and in other official capacities.

Soon after entering upon his duties he attracted the notice of

Yonaguska, or Drowning-bear (Yâ'na-gûñ'ski, "Bear-drowning-him"),

the acknowledged chief of all the Cherokee then living on the waters

of Tuckasegee and Oconaluftee--the old Kituhwa country. On learning

that the boy had neither father nor brother, the old chief formally

adopted him as his son, and as such he was thenceforth recognized

in the tribe under the name of Wil-Usdi', or "Little Will," he

being of small stature even in mature age. From his Indian friends,

particularly a boy of the same age who was his companion in the store,

he learned the language as well as a white man has ever learned it,

so that in his declining years it dwelt in memory more strongly than

his mother tongue. After the invention of the Cherokee alphabet,

he learned also to read and write the language.

In 1819 the lands on Tuckasegee and its branches were sold by the

Indians, and Thomas's mother soon after removed from Waynesville

to a farm which she purchased on the west bank of Oconaluftee,

opposite the mouth of Soco, where her son went to live with her,

having now set up in business for himself at Qualla. Yonaguska and

his immediate connection continued to reside on a small reservation

in the same neighborhood, while the rest of the Cherokee retired

to the west of the Nantahala mountains, though still visiting

and trading on Soco. After several shiftings Thomas finally, soon

after the removal in 1838, bought a farm on the northern bank of

Tuckasegee, just above the present town of Whittier in Swain county,

and built there a homestead which he called Stekoa, after an Indian

town destroyed by Rutherford which had occupied the same site. At the

time of the removal he was the proprietor of five trading stores in or

adjoining the Cherokee country, viz, at Qualla town, near the mouth

of Soco creek; on Scott's creek, near Webster; on Cheowa, near the

present Robbinsville; at the junction of Valley river and Hiwassee,

now Murphy; and at the Cherokee agency at Calhoun (now Charleston),

Tennessee. Besides carrying on a successful trading business he was

also studying law and taking an active interest in local politics.

In his capacity as agent for the eastern Cherokee he laid off the

lands purchased for them into five districts or "towns," which he

named Bird town, Paint town, Wolf town, Yellow hill, and Big cove, the

names which they still retain, the first three being those of Cherokee

clans. [413] He also drew up for them a simple form of government,

the execution of which was in his own and Yonaguska's hands until

the death of the latter, after which the band knew no other chief

than Thomas until his retirement from active life. In 1848 he was

elected to the state senate and continued to serve in that capacity

until the outbreak of the civil war. As state senator he inaugurated

a system of road improvements for western North Carolina and was also

the father of the Western North Carolina Railroad (now a part of the

Southern system), originally projected to develop the copper mines

of Ducktown, Tennessee.

With his colleagues in the state senate he voted for secession in

1861, and at once resigned to recruit troops for the Confederacy, to

which, until the close of the war, he gave his whole time, thought,

and effort. In 1862 he organized the Thomas Legion, consisting of two

regiments of infantry, a battalion of cavalry, a company of engineers,

and a field battery, he himself commanding as colonel, although then

nearly sixty years of age. Four companies were made up principally of

his own Cherokee. The Thomas Legion operated chiefly as a frontier

guard for the Confederacy along the mountain region southward from

Cumberland gap.

After the close of the conflict he returned to his home at Stekoa

and again took charge, unofficially, of the affairs of the Cherokee,

whom he attended during the smallpox epidemic of 1866 and assisted

through the unsettled conditions of the reconstruction period. His own

resources had been swept away by the war, and all his hopes had gone

down with the lost cause. This, added to the effects of three years

of hardship and anxiety in the field when already almost past the

age limit, soon after brought about a physical and mental collapse,

from which he never afterward rallied except at intervals, when for a

short time the old spirit would flash out in all its brightness. He

died in 1893 at the advanced age of nearly ninety, retaining to the

last the courteous manner of a gentleman by nature and training,

with an exact memory and the clear-cut statement of a lawyer and man

of affairs. To his work in the state senate the people of western

North Carolina owe more than to that of any other man, while among

the older Cherokee the name of Wil-Usdi' is still revered as that of

a father and a great chief. [414]

Yonaguska, properly Yâ'nû-gûñ'ski, the adopted father of Thomas,

is the most prominent chief in the history of the East Cherokee,

although, singularly enough, his name does not occur in connection

with any of the early wars or treaties. This is due partly to the fact

that he was a peace chief and counselor rather than a war leader,

and in part to the fact that the isolated position of the mountain

Cherokee kept them aloof in a great measure from the tribal councils

of those living to the west and south. In person he was strikingly

handsome, being six feet three inches in height and strongly built,

with a faint tinge of red, due to a slight strain of white blood

on his father's side, relieving the brown of his cheek. In power of

oratory he is said to have surpassed any other chief of his day. When

the Cherokee lands on Tuckasegee were sold by the treaty of 1819,

Yonaguska continued to reside on a reservation of 640 acres in a bend

of the river a short distance above the present Bryson City, on the

site of the ancient Kituhwa. He afterward moved over to Oconaluftee,

and finally, after the Removal, gathered his people about him and

settled with them on Soco creek on lands purchased for them by Thomas.

He was a prophet and reformer as well as a chief. When about sixty

years of age he had a severe sickness, terminating in a trance, during

which his people mourned him as dead. At the end of twenty-four hours,

however, he awoke to consciousness and announced that he had been to

the spirit world, where he had talked with friends who had gone before,

and with God, who had sent him back with a message to the Indians,

promising to call him again at a later time. From that day until his

death his words were listened to as those of one inspired. He had

been somewhat addicted to liquor, but now, on the recommendation of

Thomas, not only quit drinking himself, but organized his tribe into

a temperance society. To accomplish this he called his people together

in council, and, after clearly pointing out to them the serious effect

of intemperance, in an eloquent speech that moved some of his audience

to tears, he declared that God had permitted him to return to earth

especially that he might thus warn his people and banish whisky from

among them. He then had Thomas write out a pledge, which was signed

first by the chief and then by each one of the council, and from that

time until after his death whisky was unknown among the East Cherokee.

Although frequent pressure was brought to bear to induce him and his

people to remove to the West, he firmly resisted every persuasion,

declaring that the Indians were safer from aggression among their

rocks and mountains than they could ever be in a land which the white

man could find profitable, and that the Cherokee could be happy only

in the country where nature had planted him. While counseling peace

and friendship with the white man, he held always to his Indian faith

and was extremely suspicious of missionaries. On one occasion, after

the first Bible translation into the Cherokee language and alphabet,

some one brought a copy of Matthew from New Echota, but Yonaguska

would not allow it to be read to his people until it had first been

read to himself. After listening to one or two chapters the old chief

dryly remarked: "Well, it seems to be a good book--strange that the

white people are not better, after having had it so long."

He died, aged about eighty, in April, 1839, within a year after

the Removal. Shortly before the end he had himself carried into the

townhouse on Soco, of which he had supervised the building, where,

extended on a couch, he made a last talk to his people, commending

Thomas to them as their chief and again warning them earnestly

against ever leaving their own country. Then wrapping his blanket

around him, he quietly lay back and died. He was buried beside Soco,

about a mile below the old Macedonia mission, with a rude mound of

stones to mark the spot. He left two wives and considerable property,

including an old negro slave named Cudjo, who was devotedly attached

to him. One of his daughters, Katâ'lsta, still survives, and is the

last conservator of the potter's art among the East Cherokee. [415]

Yonaguska had succeeded in authority to Yane'gwa, "Big-bear," who

appears to have been of considerable local prominence in his time,

but whose name, even with the oldest of the band, is now but a

memory. He was among the signers of the treaties of 1798 and 1805,

and by the treaty of 1819 was confirmed in a reservation of 640 acres

as one of those living within the ceded territory who were "believed

to be persons of industry and capable of managing their property with

discretion," and who had made considerable improvements on the tracts

reserved. This reservation, still known as the Big-bear farm, was

on the western bank of Oconaluftee, a few miles above its mouth, and

appears to have been the same afterward occupied by Yonaguska. [416]

Another of the old notables among the East Cherokee was

Tsunu'lahûñ'ski, corrupted by the whites to Junaluska, a great warrior,

from whom the ridge west of Waynesville takes its name. In early life

he was known as Gûl'`kala'ski. [417] On the outbreak of the Creek

war in 1813 he raised a party of warriors to go down, as he boasted,

"to exterminate the Creeks." Not meeting with complete success,

he announced the result, according to the Cherokee custom, at the

next dance after his return in a single word, detsinu'lahûñgû',

"I tried, but could not," given out as a cue to the song leader,

who at once took it as the burden of his song. Thenceforth the

disappointed warrior was known as Tsunu'lahûñ'ski, "One who tries,

but fails." He distinguished himself at the Horseshoe bend, where

the action of the Cherokee decided the battle in favor of Jackson's

army, and was often heard to say after the removal: "If I had known

that Jackson would drive us from our homes, I would have killed him

that day at the Horseshoe." He accompanied the exiles of 1838, but

afterward returned to his old home; he was allowed to remain, and in

recognition of his services the state legislature, by special act,

in 1847 conferred upon him the right of citizenship and granted to him

a tract of land in fee simple, but without power of alienation. [418]

This reservation was in the Cheowa Indian settlement, near the present

Robbinsville, in Graham county, where he died about the year 1858. His

grave is still to be seen just outside of Robbinsville.

As illustrative of his shrewdness it is told that he once tracked a

little Indian girl to Charleston, South Carolina, where she had been

carried by kidnappers and sold as a slave, and regained her freedom

by proving, from expert microscopic examination, that her hair had

none of the negro characteristics. [419]

Christianity was introduced among the Kituhwa Cherokee shortly before

the Removal through Worcester and Boudinot's translation of Matthew,

first published at New Echota in 1829. In the absence of missionaries

the book was read by the Indians from house to house. After the

Removal a Methodist minister, Reverend Ulrich Keener, began to make

visits for preaching at irregular intervals, and was followed several

years later by Baptist workers. [420]

In the fall of 1839 the Commissioner of Indian Affairs reported that

the East Cherokee had recently expressed a desire to join their

brethren in the West, but had been deterred from so doing by the

unsettled condition of affairs in the Territory. He states that "they

have a right to remain or to go," but that as the interests of others

are involved in their decision they should decide without delay. [421]

In 1840 about one hundred Catawba, nearly all that were left of the

tribe, being dissatisfied with their condition in South Carolina, moved

up in a body and took up their residence with the Cherokee. Latent

tribal jealousies broke out, however, and at their own request

negotiations were begun in 1848, through Thomas and others, for their

removal to Indian Territory. The effort being without result, they

soon after began to drift back to their own homes, until, in 1852,

there were only about a dozen remaining among the Cherokee. In 1890

only one was left, an old woman, the widow of a Cherokee husband. She

and her daughter, both of whom spoke the language, were expert potters

according to the Catawba method, which differs markedly from that

of the Cherokee. There are now two Catawba women, both married to

Cherokee husbands, living with the tribe, and practicing their native

potter's art. While residing among the Cherokee, the Catawba acquired

a reputation as doctors and leaders of the dance. [422]

On August 6, 1846, a treaty was concluded at Washington with the

representatives of the Cherokee Nation west by which the rights of the

East Cherokee to a participation in the benefits of the New Echota

treaty of 1835 were distinctly recognized, and provision was made

for a final adjustment of all unpaid and pending claims due under

that treaty. The right claimed by the East Cherokee to participate

in the benefits of the New Echota treaty, although not denied by the

government, had been held to be conditional upon their removal to

the West. [423]

In the spring of 1848 the author, Lanman, visited the East Cherokee

and has left an interesting account of their condition at the time,

together with a description of their ballplays, dances, and customs

generally, having been the guest of Colonel Thomas, of whom he

speaks as the guide, counselor, and friend of the Indians, as well

as their business agent and chief, so that the connection was like

that existing between a father and his children. He puts the number

of Indians at about 800 Cherokee and 100 Catawba on the "Qualla town"

reservation--the name being in use thus early--with 200 more Indians

residing in the more westerly portion of the state. Of their general

condition he says:

About three-fourths of the entire population can read in their own

language, and, though the majority of them understand English, a

very few can speak the language. They practice, to a considerable

extent, the science of agriculture, and have acquired such a

knowledge of the mechanic arts as answers them for all ordinary

purposes, for they manufacture their own clothing, their own

ploughs, and other farming utensils, their own axes, and even

their own guns. Their women are no longer treated as slaves, but

as equals; the men labor in the fields and their wives are devoted

entirely to household employments. They keep the same domestic

animals that are kept by their white neighbors, and cultivate all

the common grains of the country. They are probably as temperate

as any other class of people on the face of the earth, honest

in their business intercourse, moral in their thoughts, words,

and deeds, and distinguished for their faithfulness in performing

the duties of religion. They are chiefly Methodists and Baptists,

and have regularly ordained ministers, who preach to them on every

Sabbath, and they have also abandoned many of their mere senseless

superstitions. They have their own court and try their criminals

by a regular jury. Their judges and lawyers are chosen from among

themselves. They keep in order the public roads leading through

their settlement. By a law of the state they have a right to vote,

but seldom exercise that right, as they do not like the idea of

being identified with any of the political parties. Excepting

on festive days, they dress after the manner of the white man,

but far more picturesquely. They live in small log houses of

their own construction, and have everything they need or desire

in the way of food. They are, in fact, the happiest community

that I have yet met with in this southern country. [424]

Among the other notables Lanman speaks thus of Salâ'li, "Squirrel,"

a born mechanic of the band, who died only a few years since:

He is quite a young man and has a remarkably thoughtful face. He

is the blacksmith of his nation, and with some assistance supplies

the whole of Qualla town with all their axes and plows; but what

is more, he has manufactured a number of very superior rifles and

pistols, including stock, barrel, and lock, and he is also the

builder of grist mills, which grind all the corn which his people

eat. A specimen of his workmanship in the way of a rifle may be

seen at the Patent Office in Washington, where it was deposited

by Mr. Thomas; and I believe Salola is the first Indian who ever

manufactured an entire gun. But when it is remembered that he never

received a particle of education in any of the mechanic arts but

is entirely self-taught, his attainments must be considered truly

remarkable. [425]

On July 29, 1848, Congress approved an act for taking a census of all

those Cherokee who had remained in North Carolina after the Removal,

and who still resided east of the Mississippi, in order that their

share of the "removal and subsistence fund" under the New Echota

treaty might be set aside for them. A sum equivalent to $53.33-1/3 was

at the same time appropriated for each one, or his representative,

to be available for defraying the expenses of his removal to the

Cherokee Nation west and subsistence there for one year whenever

he should elect so to remove. Any surplus over such expense was

to be paid to him in cash after his arrival in the west. The whole

amount thus expended was to be reimbursed to the Government from the

general fund to the credit of the Cherokee Nation under the terms

of the treaty of New Echota. In the meantime it was ordered that to

each individual thus entitled should be paid the accrued interest

on this per capita sum from the date of the ratification of the New

Echota treaty (May 23, 1836), payment of interest at the same rate

to continue annually thereafter. [426] In accordance with this act a

census of the Cherokee then residing in North Carolina, Tennessee, and

Georgia, was completed in the fall of 1848 by J. C. Mullay, making the

whole number 2,133. On the basis of this enrollment several payments

were made to them by special agents within the next ten years, one

being a per-capita payment by Alfred Chapman in 1851-52 of unpaid

claims arising under the treaty of New Echota and amounting in the

aggregate to $197,534.50, the others being payments of the annual

interest upon the "removal and subsistence fund" set apart to their

credit in 1848. In the accomplishment of these payments two other

enrollments were made by D. W. Siler in 1851 and by Chapman in 1852,

the last being simply a corrected revision of the Siler roll, and

neither varying greatly from the Mullay roll. [427]

Upon the appointment of Chapman to make the per capita payment above

mentioned, the Cherokee Nation west had filed a protest against the

payment, upon the double ground that the East Cherokee had forfeited

their right to participation, and furthermore that their census

was believed to be enormously exaggerated. As a matter of fact the

number first reported by Mullay was only 1,517, to which so many were

subsequently added as to increase the number by more than 600. [428]

A census taken by their agent, Colonel Thomas, in 1841, gave the number

of East Cherokee (possibly only those in North Carolina intended) as

1,220, [429] while a year later the whole number residing in North

Carolina, Tennessee, Alabama, and Georgia was officially estimated

at from 1,000 to 1,200. [430] It is not the only time a per capita

payment has resulted in a sudden increase of the census population.

In 1852 (Capt.) James W. Terrell was engaged by Thomas, then in the

state senate, to take charge of his store at Qualla, and remained

associated with him and in close contact with the Indians from then

until after the close of the war, assisting, as special United States

agent, in the disbursement of the interest payments, and afterward as

a Confederate officer in the organization of the Indian companies,

holding a commission as captain of Company A, Sixty-ninth North

Carolina Confederate infantry. Being of an investigating bent, Captain

Terrell was led to give attention to the customs and mythology of

the Cherokee, and to accumulate a fund of information on the subject

seldom possessed by a white man. He still resides at Webster, a few

miles from the reservation, and is now seventy-one years of age.

In 1855 Congress directed the per capita payment to the East Cherokee

of the removal fund established for them in 1848, provided that North

Carolina should first give assurance that they would be allowed to

remain permanently in that state. This assurance, however, was not

given until 1866, and the money was therefore not distributed, but

remained in the treasury until 1875, when it was made applicable to

the purchase of lands and the quieting of titles for the benefit of

the Indians. [431]

From 1855 until after the civil war we find no official notice of

the East Cherokee, and our information must be obtained from other

sources. It was, however, a most momentous period in their history. At

the outbreak of the war Thomas was serving his seventh consecutive

term in the state senate. Being an ardent Confederate sympathizer, he

was elected a delegate to the convention which passed the secession

ordinance, and immediately after voting in favor of that measure

resigned from the senate in order to work for the southern cause. As

he was already well advanced in years it is doubtful if his effort

would have gone beyond the raising of funds and other supplies but for

the fact that at this juncture an effort was made by the Confederate

General Kirby Smith to enlist the East Cherokee for active service.

The agent sent for this purpose was Washington Morgan, known to the

Indians as Â'ganstâ'ta, son of that Colonel Gideon Morgan who had

commanded the Cherokee at the Horseshoe bend. By virtue of his Indian

blood and historic ancestry he was deemed the most fitting emissary

for the purpose. Early in 1862 he arrived among the Cherokee, and by

appealing to old-time memories so aroused the war spirit among them

that a large number declared themselves ready to follow wherever he

led. Conceiving the question at issue in the war to be one that did not

concern the Indians, Thomas had discouraged their participation in it

and advised them to remain at home in quiet neutrality. Now, however,

knowing Morgan's reputation for reckless daring, he became alarmed at

the possible result to them of such leadership. Forced either to see

them go from his own protection or to lead them himself, he chose the

latter alternative and proposed to them to enlist in the Confederate

legion which he was about to organize. His object, as he himself has

stated, was to keep them out of danger so far as possible by utilizing

them as scouts and home guards through the mountains, away from the

path of the large armies. Nothing of this was said to the Indians,

who might not have been satisfied with such an arrangement. Morgan

went back alone and the Cherokee enrolled under the command of their

white chief. [432]

The "Thomas Legion," recruited in 1862 by William H. Thomas for

the Confederate service and commanded by him as colonel, consisted

originally of one infantry regiment of ten companies (Sixty-ninth

North Carolina Infantry), one infantry battalion of six companies,

one cavalry battalion of eight companies (First North Carolina Cavalry

Battalion), one field battery (Light Battery) of 103 officers and men,

and one company of engineers; in all about 2,800 men. The infantry

battalion was recruited toward the close of the war to a full regiment

of ten companies. Companies A and B of the Sixty-ninth regiment

and two other companies of the infantry regiment recruited later

were composed almost entirely of East Cherokee Indians, most of the

commissioned officers being white men. The whole number of Cherokee

thus enlisted was nearly four hundred, or about every able-bodied

man in the tribe. [433]

In accordance with Thomas's plan the Indians were employed

chiefly as scouts and home guards in the mountain region along the

Tennessee-Carolina border, where, according to the testimony of Colonel

Stringfield, "they did good work and service for the South." The most

important engagement in which they were concerned occurred at Baptist

gap, Tennessee, September 15, 1862, where Lieutenant Astu'gatâ'ga,

"a splendid specimen of Indian manhood," was killed in a charge. The

Indians were furious at his death, and before they could be restrained

they scalped one or two of the Federal dead. For this action ample

apologies were afterward given by their superior officers. The war,

in fact, brought out all the latent Indian in their nature. Before

starting to the front every man consulted an oracle stone to learn

whether or not he might hope to return in safety. The start was

celebrated with a grand old-time war dance at the townhouse on Soco,

and the same dance was repeated at frequent intervals thereafter,

the Indians being "painted and feathered in good old style," Thomas

himself frequently assisting as master of ceremonies. The ballplay,

too, was not forgotten, and on one occasion a detachment of Cherokee,

left to guard a bridge, became so engrossed in the excitement of

the game as to narrowly escape capture by a sudden dash of the

Federals. Owing to Thomas's care for their welfare, they suffered

but slightly in actual battle, although a number died of hardship

and disease. When the Confederates evacuated eastern Tennessee,

in the winter of 1863-64, some of the white troops of the legion,

with one or two of the Cherokee companies, were shifted to western

Virginia, and by assignment to other regiments a few of the Cherokee

were present at the final siege and surrender of Richmond. The main

body of the Indians, with the rest of the Thomas Legion, crossed over

into North Carolina and did service protecting the western border until

the close of the war, when they surrendered on parole at Waynesville,

North Carolina, in May, 1865, all those of the command being allowed

to keep their guns. It is claimed by their officers that they were

the last of the Confederate forces to surrender. About fifty of the

Cherokee veterans still survive, nearly half of whom, under conduct of

Colonel Stringfield, attended the Confederate reunion at Louisville,

Kentucky, in 1900, where they attracted much attention. [434]

In 1863, by resolution of February 12, the Confederate House of

Representatives called for information as to the number and condition

of the East Cherokee, and their pending relations with the Federal

government at the beginning of the war, with a view to continuing

these relations under Confederate auspices. In response to this

inquiry a report was submitted by the Confederate commissioner

of Indian affairs, S. S. Scott, based on information furnished by

Colonel Thomas and Captain James W. Terrell, their former disbursing

agent, showing that interest upon the "removal and subsistence fund"

established in 1848 had been paid annually up to and including

the year 1859, at the rate of $3.20 per capita, or an aggregate,

exclusive of disbursing agent's commission, of $4,838.40 annually,

based upon the original Mullay enumeration of 1,517.

Upon receipt of this report it was enacted by the Confederate congress

that the sum of $19,352.36 be paid the East Cherokee to cover the

interest period of four years from May 23, 1860, to May 23, 1864. In

this connection the Confederate commissioner suggested that the payment

be made in provisions, of which the Indians were then greatly in need,

and which, if the payment were made in cash, they would be unable to

purchase, on account of the general scarcity. He adds that, according

to his information, almost every Cherokee capable of bearing arms was

then in the Confederate service. The roll furnished by Captain Terrell

is the original Mullay roll corrected to May, 1860, no reference

being made to the later Mullay enumeration (2,133), already alluded

to. There is no record to show that the payment thus authorized was

made, and as the Confederate government was then in hard straits it

is probable that nothing further was done in the matter.

In submitting his statement of previous payments, Colonel Thomas,

their former agent, adds:

As the North Carolina Cherokees have, like their brethren west,

taken up arms against the Lincoln government, it is not probable

that any further advances of interest will be made by that

government to any portion of the Cherokee tribe. I also enclose a

copy of the act of July 29, 1848, so far as relates to the North

Carolina Cherokees, and a printed explanation of their rights,

prepared by me in 1851, and submitted to the attorney-general,

and his opinion thereon, which may not be altogether uninteresting

to those who feel an interest in knowing something of the history

of the Cherokee tribe of Indians, whose destiny is so closely

identified with that of the Southern Confederacy. [435]

In a skirmish near Bryson City (then Charleston), Swain county,

North Carolina, about a year after enlistment, a small party of

Cherokee--perhaps a dozen in number--was captured by a detachment

of Union troops and carried to Knoxville, where, having become

dissatisfied with their experience in the Confederate service, they

were easily persuaded to go over to the Union side. Through the

influence of their principal man, Digane'ski, several others were

induced to desert to the Union army, making about thirty in all. As

a part of the Third North Carolina Mounted Volunteer Infantry, they

served with the Union forces in the same region until the close of

the war, when they returned to their homes to find their tribesmen

so bitterly incensed against them that for some time their lives were

in danger. Eight of these are still alive in 1900. [436]

One of these Union Cherokee had brought back with him the smallpox from

an infected camp near Knoxville. Shortly after his return he became

sick and soon died. As the characteristic pustules had not appeared,

the disease seeming to work inwardly, the nature of his sickness

was not at first suspected--smallpox having been an unknown disease

among the Cherokee for nearly a century--and his funeral was largely

attended. A week later a number of those who had been present became

sick, and the disease was recognized by Colonel Thomas as smallpox

in all its virulence. It spread throughout the tribe, this being in

the early spring of 1866, and in spite of all the efforts of Thomas,

who brought a doctor from Tennessee to wait upon them, more than one

hundred of the small community died in consequence. The fatal result

was largely due to the ignorance of the Indians, who, finding their

own remedies of no avail, used the heroic aboriginal treatment of the

plunge bath in the river and the cold-water douche, which resulted

in death in almost every case. Thus did the war bring its harvest of

death, misery, and civil feud to the East Cherokee. [437]

Shortly after this event Colonel Thomas was compelled by physical

and mental infirmity to retire from further active participation

in the affairs of the East Cherokee, after more than half a century

spent in intimate connection with them, during the greater portion of

which time he had been their most trusted friend and adviser. Their

affairs at once became the prey of confusion and factional strife,

which continued until the United States stepped in as arbiter.

In 1868 Congress ordered another census of the East Cherokee, to serve

as a guide in future payments, the roll to include only those persons

whose names had appeared upon the Mullay roll of 1848 and their legal

heirs and representatives. The work was completed in the following year

by S. H. Sweatland, and a payment of interest then due under former

enactment was made by him on this basis. [438] "In accordance with

their earnestly expressed desire to be brought under the immediate

charge of the government as its wards," the Congress which ordered

this last census directed that the Commissioner of Indian Affairs

should assume the same charge over the East Cherokee as over other

tribes, but as no extra funds were made available for the purpose

the matter was held in abeyance. [439] An unratified treaty made this

year with the Cherokee Nation west contained a stipulation that any

Cherokee east of the Mississippi who should remove to the Cherokee

nation within three years should be entitled to full citizenship and

privileges therein, but after that date could be admitted only by

act of the Cherokee national council. [440]

After the retirement of Thomas, in the absence of any active

governmental supervision, need was felt of some central authority. On

December 9, 1868, a general council of the East Cherokee assembled

at Cheowa, in Graham county, North Carolina, took preliminary steps

toward the adoption of a regular form of tribal government under a

constitution. N. J. Smith, afterward principal chief, was clerk of

the council. The new government was formally inaugurated on December

1, 1870. It provided for a first and a second chief to serve for a

term of two years, minor officers to serve one year, and an annual

council representing each Cherokee settlement within the state of

North Carolina. Kâ'lahû', "All-bones," commonly known to the whites

as Flying-squirrel or Sawnook (Sawanu'gi), was elected chief. A new

constitution was adopted five years later, by which the chief's term

of office was fixed at four years. [441]

The status of the lands held by the Indians had now become a matter

of serious concern, As has been stated, the deeds had been made out by

Thomas in his own name, as the state laws at that time forbade Indian

ownership of real estate. In consequence of his losses during the war

and his subsequent disability, the Thomas properties, of which the

Cherokee lands were technically a part, had become involved, so that

the entire estate had passed into the hands of creditors, the most

important of whom, William Johnston, had obtained sheriff's deeds

in 1869 for all of these Indian lands under three several judgments

against Thomas, aggregating $33,887.11. To adjust the matter so

as to secure title and possession to the Indians, Congress in 1870

authorized suit to be brought in their name for the recovery of their

interest. This suit was begun in May, 1873, in the United States

circuit court for western North Carolina. A year later the matters

in dispute were submitted by agreement to a board of arbitrators,

whose award was confirmed by the court in November, 1874.

The award finds that Thomas had purchased with Indian funds a tract

estimated to contain 50,000 acres on Oconaluftee river and Soco

creek, and known as the Qualla boundary, together with a number of

individual tracts outside the boundary; that the Indians were still

indebted to Thomas toward the purchase of the Qualla boundary lands

for the sum of $18,250, from which should be deducted $6,500 paid by

them to Johnston to release titles, with interest to date of award,

making an aggregate of $8,486, together with a further sum of $2,478,

which had been intrusted to Terrell, the business clerk and assistant

of Thomas, and by him turned over to Thomas, as creditor of the

Indians, under power of attorney, this latter sum, with interest

to date of award, aggregating $2,697.89; thus leaving a balance

due from the Indians to Thomas or his legal creditor, Johnston, of

$7,066.11. The award declares that on account of the questionable

manner in which the disputed lands had been bought in by Johnston,

he should be allowed to hold them only as security for the balance

due him until paid, and that on the payment of the said balance of

$7,066.11, with interest at 6 per cent from the date of the award,

the Indians should be entitled to a clear conveyance from him of the

legal title to all the lands embraced within the Qualla boundary. [442]

To enable the Indians to clear off this lien on their lands and for

other purposes, Congress in 1875 directed that as much as remained

of the "removal and subsistence fund" set apart for their benefit in

1848 should be used "in perfecting the titles to the lands awarded to

them, and to pay the costs, expenses, and liabilities attending their

recent litigations, also to purchase and extinguish the titles of any

white persons to lands within the general boundaries allotted to them

by the court, and for the education, improvement, and civilization

of their people." In accordance with this authority the unpaid

balance and interest due Johnston, amounting to $7,242.76, was paid

him in the same year, and shortly afterward there was purchased

on behalf of the Indians some fifteen thousand acres additional,

the Commissioner of Indian Affairs being constituted trustee for the

Indians. For the better protection of the Indians the lands were made

inalienable except by assent of the council and upon approval of the

President of the United States. The deeds for the Qualla boundary

and the 15,000 acre purchase were executed respectively on October 9,

1876, and August 14, 1880. [443] As the boundaries of the different

purchases were but vaguely defined, a new survey of the whole Qualla

boundary and adjoining tracts was authorized. The work was intrusted

to M. S. Temple, deputy United States surveyor, who completed it

in 1876, his survey maps of the reservation being accepted as the

official standard. [444]

The titles and boundaries having been adjusted, the Indian Office

assumed regular supervision of East Cherokee affairs, and in June,

1875, the first agent since the retirement of Thomas was sent out in

the person of W. C. McCarthy. He found the Indians, according to his

report, destitute and discouraged, almost without stock or farming

tools. There were no schools, and very few full-bloods could speak

English, although to their credit nearly all could read and write

their own language, the parents teaching the children. Under his

authority a distribution was made of stock animals, seed wheat, and

farming tools, and several schools were started. In the next year,

however, the agency was discontinued and the educational interests

of the band turned over to the state school superintendent. [445]

In the meantime Kâ'lahû' had been succeeded as chief by Lloyd R. Welch

(Da'si`giya'gi), an educated mixed-blood of Cheowa, who served about

five years, dying shortly after his reelection to a second term

(48). He made a good record by his work in reconciling the various

factions which had sprung up after the withdrawal of the guiding

influence of Thomas, and in defeating the intrigues of fraudulent

white claimants and mischief makers. Shortly before his death the

Government, through Special Agent John A. Sibbald, recognized his

authority as principal chief, together with the constitution which

had been adopted by the band under his auspices in 1875. N. J. Smith

(Tsa'ladihi'), who had previously served as clerk of the council,

was elected to his unexpired term and continued to serve until the

fall of 1890. [446]

We find no further official notice of the East Cherokee until 1881,

when Commissioner Price reported that they were still without agent

or superintendent, and that so far as the Indian Office was concerned

their affairs were in an anomalous and unsatisfactory condition,

while factional feuds were adding to the difficulties and retarding the

progress of the band. In the spring of that year a visiting delegation

from the Cherokee Nation west had extended to them an urgent invitation

to remove to Indian Territory and the Indian Office had encouraged

the project, with the result that 161 persons of the band removed

during the year to Indian Territory, the expense being borne by the

Government. Others were represented as being desirous to remove,

and the Commissioner recommended an appropriation for the purpose,

but as Congress failed to act the matter was dropped. [447]

The neglected condition of the East Cherokee having been brought to

the attention of those old-time friends of the Indian, the Quakers,

through an appeal made in their behalf by members of that society

residing in North Carolina, the Western Yearly Meeting, of Indiana,

volunteered to undertake the work of civilization and education. On

May 31, 1881, representatives of the Friends entered into a contract

with the Indians, subject to approval by the Government, to establish

and continue among them for ten years an industrial school and other

common schools, to be supported in part from the annual interest of the

trust fund held by the Government to the credit of the East Cherokee

and in part by funds furnished by the Friends themselves. Through the

efforts of Barnabas C. Hobbs, of the Western Yearly Meeting, a yearly

contract to the same effect was entered into with the Commissioner of

Indian Affairs later in the same year, and was renewed by successive

commissioners to cover the period of ten years ending June 30, 1892,

when the contract system was terminated and the Government assumed

direct control. Under the joint arrangement, with some aid at the

outset from the North Carolina Meeting, work was begun in 1881 by

Thomas Brown with several teachers sent out by the Indiana Friends,

who established a small training school at the agency headquarters at

Cherokee, and several day schools in the outlying settlements. He

was succeeded three years later by H. W. Spray, an experienced

educator, who, with a corps of efficient assistants and greatly

enlarged facilities, continued to do good work for the elevation

of the Indians until the close of the contract system eight years

later. [448] After an interregnum, during which the schools suffered

from frequent changes, he was reappointed as government agent and

superintendent in 1898, a position which he still holds in 1901. To

the work conducted under his auspices the East Cherokee owe much of

what they have to-day of civilization and enlightenment.

From some travelers who visited the reservation about this time we

have a pleasant account of a trip along Soco and a day with Chief

Smith at Yellow Hill. They describe the Indians as being so nearly

like the whites in their manner of living that a stranger could

rarely distinguish an Indian's cabin or little cove farm from that

of a white man. Their principal crop was corn, which they ground

for themselves, and they had also an abundance of apples, peaches,

and plums, and a few small herds of ponies and cattle. Their wants

were so few that they had but little use for money. Their primitive

costume had long been obsolete, and their dress was like that of

the whites, excepting that moccasins took the place of shoes, and

they manufactured their own clothing by the aid of spinning-wheels

and looms. Finely cut pipes and well-made baskets were also produced,

and the good influence of the schools recently established was already

manifest in the children. [449]

In 1882 the agency was reestablished and provision was made for

taking a new census of all Cherokee east of the Mississippi, Joseph

G. Hester being appointed to the work. [450] The census was submitted

as complete in June, 1884, and contained the names of 1,881 persons in

North Carolina, 758 in Georgia, 213 in Tennessee, 71 in Alabama, and 33

scattering, a total of 2,956. [451] Although this census received the

approval and certificate of the East Cherokee council, a large portion

of the band still refuse to recognize it as authoritative, claiming

that a large number of persons therein enrolled have no Cherokee blood.

The East Cherokee had never ceased to contend for a participation in

the rights and privileges accruing to the western Nation under treaties

with the Government. In 1882 a special agent had been appointed to

investigate their claims, and in the following year, under authority

of Congress, the eastern band of Cherokee brought suit in the Court

of Claims against the United States and the Cherokee Nation west to

determine its rights in the permanent annuity fund and other trust

funds held by the United States for the Cherokee Indians. [452] The

case was decided adversely to the eastern band, first by the Court of

Claims in 1885, [453] and finally, on appeal, by the Supreme Court on

March 1, 1886, that court holding in its decision that the Cherokee

in North Carolina had dissolved their connection with the Cherokee

Nation and ceased to be a part of it when they refused to accompany

the main body at the Removal, and that if Indians in North Carolina

or in any state east of the Mississippi wished to enjoy the benefits

of the common property of the Cherokee Nation in any form whatever

they must be readmitted to citizenship in the Cherokee Nation and

comply with its constitution and laws. In accordance with this

decision the agent in the Indian territory was instructed to issue

no more residence permits to claimants for Cherokee citizenship, and

it was officially announced that all persons thereafter entering that

country without consent of the Cherokee authorities would be treated

as intruders. [454] This decision, cutting off the East Cherokee from

all hope of sharing in any of the treaty benefits enjoyed by their

western kinsmen, was a sore disappointment to them all, especially

to Chief Smith, who had worked unceasingly in their behalf from the

institution of the proceedings. In view of the result, Commissioner

Atkins strongly recommended, as the best method of settling them

in permanent homes, secure from white intrusion and from anxiety on

account of their uncertain tenure and legal status in North Carolina,

that negotiations be opened through government channels for their

readmission to citizenship in the Cherokee Nation, to be followed,

if successful, by the sale of their lands in North Carolina and their

removal to Indian Territory. [455]

In order to acquire a more definite legal status, the Cherokee residing

in North Carolina--being practically all those of the eastern band

having genuine Indian interests--became a corporate body under the laws

of the state in 1889. The act, ratified on March 11, declares in its

first section "That the North Carolina or Eastern Cherokee Indians,

resident or domiciled in the counties of Jackson, Swain, Graham, and

Cherokee, be and at the same time are hereby created and constituted

a body politic and corporate under the name, style, and title of the

Eastern Band of Cherokee Indians, with all the rights, franchises,

privileges and powers incident and belonging to corporations under

the laws of the state of North Carolina. [456]

On August 2, 1893, ex-Chief Smith died at Cherokee, in the

fifty-seventh year of his life, more than twenty of which had been

given to the service of his people. Nimrod Jarrett Smith, known to

the Cherokee as Tsa'ladihi', was the son of a half breed father by an

Indian mother, and was born near the present Murphy, Cherokee county,

North Carolina, on January 3, 1837. His earliest recollections were

thus of the miseries that attended the flight of the refugees to the

mountains during the Removal period. His mother spoke very little

English, but his father was a man of considerable intelligence, having

acted as interpreter and translator for Reverend Evan Jones at the

old Valleytown mission. As the boy grew to manhood he acquired a fair

education, which, aided by a commanding presence, made him a person of

influence among his fellows. At twenty-five years of age he enlisted

in the Thomas Legion as first sergeant of Company B, Sixty-ninth North

Carolina (Confederate) Infantry, and served in that capacity till the

close of the war. He was clerk of the council that drafted the first

East Cherokee constitution in 1868, and on the death of Principal Chief

Lloyd Welch in 1880 was elected to fill the unexpired term, continuing

in office by successive reelections until the close of 1891, a period

of about twelve years, the longest term yet filled by an incumbent. As

principal chief he signed the contract under which the school work

was inaugurated in 1881. For several years thereafter his duties,

particularly in connection with the suit against the western Cherokee,

required his presence much of the time at Washington, while at home his

time was almost as constantly occupied in attending to the wants of a

dependent people. Although he was entitled under the constitution of

the band to a salary of five hundred dollars per year, no part of this

salary was ever paid, because of the limited resources of his people,

and only partial reimbursement was made to him, shortly before his

death, for expenses incurred in official visits to Washington. With

frequent opportunities to enrich himself at the expense of his people,

he maintained his honor and died a poor man.

In person Chief Smith was a splendid specimen of physical manhood,

being six feet four inches in height and built in proportion, erect

in figure, with flowing black hair curling down over his shoulders,

a deep musical voice, and a kindly spirit and natural dignity that

never failed to impress the stranger. His widow--a white woman--and

several children survive him. [457]

In 1894 the long-standing litigation between the East Cherokee and a

number of creditors and claimants to Indian lands within and adjoining

the Qualla boundary was finally settled by a compromise by which the

several white tenants and claimants within the boundary agreed to

execute a quitclaim and vacate on payment to them by the Indians of

sums aggregating $24,552, while for another disputed adjoining tract

of 33,000 acres the United States agreed to pay, for the Indians, at

the rate of $1.25 per acre. The necessary Government approval having

been obtained, Congress appropriated a sufficient amount for carrying

into effect the agreement, thus at last completing a perfect and

unincumbered title to all the lands claimed by the Indians, with the

exception of a few outlying tracts of comparative unimportance. [458]

In 1895 the Cherokee residing in North Carolina upon the reservation

and in the outlying settlements were officially reported to number

1,479. [459] A year later an epidemic of grippe spread through the

band, with the result that the census of 1897 shows but 1,312, [460]

among those who died at this time being Big-witch (Tskil-e'gwa),

the oldest man of the band, who distinctly remembered the Creek war,

and Wadi'yahi, the last old woman who preserved the art of making

double-walled baskets. In the next year the population had recovered

to 1,351. The description of the mode of living then common to most

of the Indians will apply nearly as well to-day:

While they are industrious, these people are not progressive

farmers and have learned nothing of modern methods. The same crops

are raised continuously until the soil will yield no more or is

washed away, when new ground is cleared or broken. The value of

rotation and fertilizing has not yet been discovered or taught....

That these people can live at all upon the products of their small

farms is due to the extreme simplicity of their food, dress, and

manner of living. The typical house is of logs, is about fourteen

by sixteen feet, of one room, just high enough for the occupants

to stand erect, with perhaps a small loft for the storage of

extras. The roof is of split shingles or shakes. There is no

window, the open door furnishing what light is required. At one

end of the house is the fireplace, with outside chimney of stones

or sticks chinked with clay. The furniture is simple and cheap. An

iron pot, a bake kettle, a coffeepot and mill, small table, and a

few cups, knives, and spoons are all that is needed. These, with

one or two bedsteads, homemade, a few pillows and quilts, with

feather mattresses for winter covering, as well as for the usual

purpose, constitute the principal house possessions. For outdoor

work there is an ax, hoe, and shovel plow. A wagon or cart may be

owned, but is not essential. The outfit is inexpensive and answers

every purpose. The usual food is bean bread, with coffee. In the

fall chestnut bread is also used. Beef is seldom eaten, but pork

is highly esteemed, and a considerable number of hogs are kept,

running wild and untended in summer. [461]

By the most recent official count, in 1900, the East Cherokee residing

in North Carolina under direct charge of the agent and included within

the act of incorporation number 1,376, of whom about 1,100 are on

the reservation, the rest living farther to the west, on Nantahala,

Cheowa, and Hiwassee rivers. This does not include mixed-bloods in

adjoining states and some hundreds of unrecognized claimants. Those

enumerated own approximately 100,000 acres of land, of which 83,000

are included within the Qualla reservation and a contiguous tract in

Jackson and Swain counties. They receive no rations or annuities and

are entirely self-supporting, the annual interest on their trust

fund established in 1848, which has dwindled to about $23,000,

being applied to the payment of taxes upon their unoccupied common

lands. From time to time they have made leases of timber, gold-washing,

and grazing privileges, but without any great profit to themselves. By

special appropriation the government supports an industrial training

school at Cherokee, the agency headquarters, in which 170 pupils are

now being boarded, clothed, and educated in the practical duties of

life. This school, which in its workings is a model of its kind, owes

much of its usefulness and high standing to the efficient management

of Prof. H. W. Spray (Wilsini'), already mentioned, who combines the

duties of superintendent and agent for the band. His chief clerk,

Mr James Blythe (Diskwa'`ni, "Chestnut-bread"), a Cherokee by blood,

at one time filled the position of agent, being perhaps the only

Indian who has ever served in such capacity.

The exact legal status of the East Cherokee is still a matter of

dispute, they being at once wards of the government, citizens of the

United States, and (in North Carolina) a corporate body under state

laws. They pay real estate taxes and road service, exercise the voting

privilege, [462] and are amenable to the local courts, but do not pay

poll tax or receive any pauper assistance from the counties; neither

can they make free contracts or alienate their lands (49). Under their

tribal constitution they are governed by a principal and an assistant

chief, elected for a term of four years, with an executive council

appointed by the chief, and sixteen councilors elected by the various

settlements for a term of two years. The annual council is held in

October at Cherokee, on the reservation, the proceedings being in the

Cherokee language and recorded by their clerk in the Cherokee alphabet,

as well as in English. The present chief is Jesse Reid (Tse'si-Ska'tsi,

"Scotch Jesse"), an intelligent mixed-blood, who fills the office with

dignity and ability. As a people they are peaceable and law-abiding,

kind and hospitable, providing for their simple wants by their own

industry without asking or expecting outside assistance. Their fields,

orchards, and fish traps, with some few domestic animals and occasional

hunting, supply them with food, while by the sale of ginseng and

other medicinal plants gathered in the mountains, with fruit and

honey of their own raising, they procure what additional supplies

they need from the traders. The majority are fairly comfortable, far

above the condition of most Indian tribes, and but little, if any,

behind their white neighbors. In literary ability they may even be

said to surpass them, as in addition to the result of nearly twenty

years of school work among the younger people, nearly all the men

and some of the women can read and write their own language. All wear

civilized costumes, though an occasional pair of moccasins is seen,

while the women find means to gratify the racial love of color in

the wearing of red bandanna kerchiefs in place of bonnets. The older

people still cling to their ancient rites and sacred traditions, but

the dance and the ballplay wither and the Indian day is nearly spent.

Myths of the Cherokee Extract from the Nineteenth Annual Report of the Bureau of American Ethnology · 第 37 / 197 题