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28. A Question of Sovereignty

 

 

 

 

The new Cherokee constitution and government were not universally accepted by the people.  As in the past, they found themselves embroiled in internal dissention (this time divided mainly by the extent of acculturation) while at the same time being threatened by their white neighbors.  Georgia continued to press for removal and in 1828 gold was discovered in the streams along the boundary between that state and the Cherokees, adding fuel to the fire.  In that same year, Tennesseean Andrew Jackson was elected president of the United States.  His anti-Indian positions were well known.

 

 

 

 

Hugh Montgomery to Thomas McKinney –

April 23, 1824

The prevailing idea in Georgia, especially among the lower class, is that they are the Rightful owners of the soil and that the Indians are mere Tenants at will; indeed, there is only one point on which all Parties, both high and low in Georgia agree, and that is that they all want the Indian Lands! [1]

 

Samuel Worcester to Jeremiah Evarts -

March 29, 1827

Since Mr. [Charles] Hick's death, a dissatisfied party have held a Council at which they are said to have had some delegates from every district in the nation except for one (not, however, chiefs from all) and took it upon themselves to say what should be and what should not be, in regard to the affairs of the Government, and to repeal and enact laws.  They, however, took no measures to secure the execution of their laws and though perhaps the majority of the people are dissatisfied with some features of the laws, yet for want of a system and energetic leaders, I presume the faction is not to be dreaded.  [2]

 

Johann Schmidt to A. Benade –

May 16, 1827

Since the death of our departed Brother Hicks, the whole Nation here is in the greatest turmoil.  The greater part wants to have the new laws abrogated and are for having the missions dissolved. Hardly one in fifteen votes for the laws. . . . Dances at night are arranged and during the day, they hold Council.  No one trusts anyone any more; now and again there are threats of murder.  Judge Martin, who was named by the National Committee in Bro. Hick's place as Secretary and Treasurer, is being threatened with death and with having his house burned down. . . . The negroes set fires to the houses, others are supposed to have poisoned one another.  Some of the negroes run away. 

. . . a woman who was delivered of three children who brought all their teeth with them into the world; when the first one was born, it is supposed to have spoken and called her to account for her godless way of life.

At this time the party is making a grand and united effort to destroy the government and drive true religion and all improvements from the Nation. [3]

 

Ard Hoyt to Evarts –

June 12, 1827

[God] has settled the tumult of the people in this nation.  A special council was called last month with reference to the defections.  The chiefs of the old school all succumbed. . . .  Thus this portentous cloud appears to have carried over without destructive wind or hail, and we do hope it has done something toward clearing the political atmosphere of this struggling people.  [4]

 

 

John Cocke’s Journal

July 1, 1827

. . . the mixed bloods are now, and have been for sometime, at the head of affairs and passed laws so contrary to ancient customs that the native indian is ready to revolt.  [5]

 

 

 

Report of the Georgia Legislature

December 19, 1827

 

. . . the absolute title to the lands in controversy is in Georgia and she may rightfully possess herself of them when, and by what means, she pleases. 

We are aware that the Cherokee Indians talk extravagantly of their devotion to the land of their fathers . . .  they have gone very far toward convincing the General Government that negotiations with them in view of procuring their relinquishment of title to the Georgia lands will be hopeless. . . . if the General Government will change its policy towards them and apprise them of the nature and extent of the Georgia title to those lands and what will be the probable consequence of their remaining refractory. . . . the policy which has been perused by the United States toward the Cherokee Indians has not been in good faith towards Georgia.

The lands in question belong to Georgia.  She must and will have them. Georgia has the right to extend her authority and laws over her whole territory and to coerce obedience to them from all descriptions of people be they white, red or black. [6]

 

 

 

Cherokee Phoenix

April 24, 1828

. . . as the art of Legislation is little understood by the majority of this nation, great care should be taken, how we manage our political engine . . . . The Committee should be composed of men of education, and good knowledge in the affairs of our nation; while the Council should be composed of full blooded Cherokees, know for love of their country, the land of their forefathers, and also celebrated for their good natural sense, justice and firmness. . . .

 

 

Cherokee Phoenix

May 14, 1828

The population of the Cherokee Nation we will put down at 13,000, (which is below the actual number.)  We will suppose (following Col. McKenney's suppositions) the family to average five souls, which will give 2,600 houses.  These houses, we do not suppose can be built for less than an average cost of 200 dollars, which in our opinion is quiet moderate.  Most of these houses, it is true, are poor, and may be built for a small amount, yet there are many which will require the double and triple of what we put down as the average cost. - Few of the best houses cannot be built for less sums than two, three and four thousand dollars, including barns, cribs, &c. - This part of the expense will then be $520,000.

The number of mills, grist, and saw, is fifty, which may be replaced for the sum of $25,000, supposing each mill to cost $500.

Their shops are sixty two in number, and these estimate at $50 each will cost $3,000.

Their orchards perhaps may be replaced for $8,000.

The fences of the Chickasaws are estimated by Col. McKenney at $50,000.  $250,000 will then be but a moderate estimate of this item of expense attending the removal of the Cherokees.

There are in this Nation 7,685 horses, these at $40 per head, will cost $307,320.

22,531 black cattle at $10 per head will cost $225,310.

46,700 hogs owned by the Cherokees, at $3 per head, will cost $140,100.

The probable cost of a visit to examine the country, may be the same as estimated by Col. McKenney, $10,000, and of their removal to it, $350,000.  This is by no means an extravagant estimate, for Col. McKenney puts down the cost for the removal of the Chickasaws, who are but four thousand in number, at $100,000.

The total amount of cost, then, for the foregoing items, will be $1,783,730.  And supposing we add a fourth for the expense of the Government, the Schools, the military, and other items not enumerated, the whole amount of expense for the removing of the Cherokees beyond the limits of any State or Territory will be $2,229,662.

If this project is intended, as we are told by its advocates, for the good and civilization of the Cherokees and other Indians, cannot this sum be put to better use?

 

*

 

The Cherokee Constitution has produced a very mistaking idea in the minds of many persons, especially such as endeavor to take every advantage of the Indians.- To say that the Cherokees have declared themselves independent of the United States and violated, in their constitution, their connection with the General Government, would be doing them very great injustice: for the thought of such independence has never entered into their minds, as we already have had occasion to declare; and we hope a word to the wise and candid will be sufficient.  This constitution was adopted for the good of the Cherokee People, as their condition made it evident that they could not improve otherwise in legislation.  It did not originate in any desire of such independence as our treaties with the United States would not warrant.  We do not claim rights which do not belong to us, much less are we so blinded as to suppose, that we can within ourselves change our relation with the General Government.  Rights, however, we have, secured to us by treaties, and will the people of this enlightened land, emphatically called the land of freedom, deprive us of these few rights?

 

 

 

Cherokee Phoenix

June 25, 1828

It is not right to proceed hastily and from laws which the people do not understand.  If a child beginning to walk attempts to run, he soon falls and cries.  And if a man working in the field does not perform his work thoroughly, he goes over much ground indeed but the field which he has passed over is still full of weeds.

Major Ridge

 

 

 

Cherokee Phoenix

July 2, 1828

. . . the view that . . .  the National Committee should be composed of men acquainted with letters and the Council of full Indians . . . would be a great evil, for it would appear like creating a division among the people.  It is well known that the poor and uneducated feel that those who talk English are overbearing.  Dissensions will soon follow if such a course is pursued. Our Chiefs and legislators have made for us a Constitution.  If we be of one mind and in support of this Constitution, the inhabitants of Georgia will not take away our land . . . if we be divided into parties, we shall be liable to loose our territory. Whenever a people preserve a regular system of government, that community is firmly established.  So let it be with us Cherokees. The constitution is not considered in any respect to change the relationship which the Nation sustains with the government of the United States; it was adopted with no view to set up independence unwarrented by the Treaties with the United States.

John Huss

 

 

 

Montgomery to John Forsyth –

July 12, 1828

On the subject of gold diggers, the last accounts give the numbers at from four to seven thousand.  Their morals are as bad as it is possible for you to conceive; you can suppose the gamblers, swindlers, debauchers and profane Blackguards all collected from six or seven states without either law or any other power to prevent them from giving full vent to their vicious propensities, or think of Sodom before the arrival of the destroying angels - and you have some faint idea of the morals of the place.  [7]

 

Montgomery to Peter B. Porter –

August 26, 1828

I must confess that the prospects [for removal] is not at this time very propitious.  All the influential part of the nation have worked to discourage the poorer class form enrolling and even threatening those who are engaged in it.  I feel but little will be done this year.  [8]

 

Proctor to Evarts –

September 3, 1828

I was present at one of the Precincts at the late Cherokee State Election and was astonished to see so much order and regularity.  There was nothing of that intrigue or unfairness which is to be seen at elections in the civilized States.  [9]

 

 

Montgomery to Porter –

October 2, 1828

I believe that many white men who married into the nation and some of the halfbreeds are expecting something like douceurs for breaking the ice.  I find (and they know it too) that on the former occasion money was dealt out liberally, indeed thousands in a week, to individuals (many of whom never went) with a view to their acts and example operating on others.  This may have been right then, but now we feel the effects of it, and this example and the hopes of Reservations, operate more injuriously against us than all the influence of the chiefs.  Many of the best informed halfbreeds say they expect better terms and will therefore wait. [10]

 

 

 

 

 

ANNUAL MESSAGE

New Echota C.N. Oct. 13, 1828

Fellow Citizens:

The circumstance of our Government assuming a new character under a constitutional form, and on the principals of republicanism, has, to some degree, excited the sensations of the public characters of Georgia, and it is sincerely to be regretted that this excitement should have been manifested by such glaring expressions of hostility to our true interests.

. . . a Compact was entered into between the United States and the state of Georgia, by which the United States promised to purchase for the use of Georgia certain lands belonging to the Cherokee Nation as soon as it could be done on reasonable and peaceable terms. . . .

This promise was made on the part of the United States without knowing whether this nation would ever consent to dispose of those lands on any terms whatever; and the Cherokees not being a part of that compact, their title cannot be affected in the slightest degree. . . .

William Hicks

John Ross  [11]

 

 

Montgomery to Thomas McKenney

October 31, 1828

We have on the [enrollment] register but eleven persons and four or five have no family.  Most of these want a part of the price of their improvement before they go to relieve them of debt.  [12]

 

 

 

Cherokee Phoenix

November 12, 1828

I understand that two of our people are in your nation hunting emigrants to this nation. . . .  we don't approve of this, and I hope they will not be countenance.  That part of the Delegation that has arrived here from Washington are all broke and silenced forever and the others will fare the same when they return.  The whole delegation have acted with fraud and deception.

Arkansas Cherokees

 

 

 

 

To Hugh Montgomery

November 20, 1828

James Rodgers of Arkansas is reported to have attempted to get the under-aged brother and sister of James Spears to emigrate.  After a brawl between Spears and Rodgers the sub-agent with the sheriff and citizens of McMinn County came into the Cherokee Nation and arrested Spears.  If the report is correct, the Cherokees wonder under what authority citizens of the United States can arrest "one Indian for whipping another Indian".

Jno Ross  [13]

 

 

Cherokee Council to Montgomery –

November 21, 1828

We do hereby protest against the Arkansas Cherokees interfering or intermeddling with the concerns of our citizens and trying to seduce any of our citizens away from this country.  [14]

 

McKenney to Porter –

December 1, 1828

[The Cherokees have displayed] a fixed purpose by threats and otherwise to keep their people from emigrating.  The remedy is the presence of an armed force near or on the borders of these people for the protection of such as may desire to remove.  [15]

 

 

 

Cherokee Phoenix

January 28, 1829

The causes which have operated to exterminate the Indian tribes that are produced as instances of the certain doom of the whole Aboriginal family appear plain to us.  These causes did not exist in the Indians themselves, nor in the will of heaven, no simply in the intercourse of Indians with civilized man, but they were precisely such causes as are now attempted by the state of Georgia - by infringing upon their rights - by disorganizing them, and circumscribing their limits. 

While he possesses a national character, there is hope for the Indian.  But take his rights away, divest him of the last spark of national pride, and introduce him to a new order of things, invest him with oppressive laws, grievous to be borne, he droops like the fading flower before the noon day sun. 

Most of the Northern tribes have fallen prey to such causes, & the Catawbas of South Carolina, are a striking instance of the truth of what we say.

The State of Georgia has taken a strong stand against us, and the United States must either defend us in our rights, or leave us to our foe.

 

 

 

To President Andrew Jackson

March 6, 1829

We respectfully beg to inform you that the present U.S. Agent for the Cherokee Nation (Colo. H Montgomery) in his official acts does not give the satisfaction to the nation as will inspire the confidence which should be placed upon an officer of the Genl. Govt. and however much this is to be regretted, we can assure you that this want of confidence is not without good causes.

We therefore earnestly solicit & hope that another will be appointed in his stead. 

Jno Ross  [16]

 

 

 

James Eaton to the Cherokee delegation –

April 18, 1829

The President can not and will not beguile you with such expectations.  The arms of this country can never be employed to stay any state of the Union from those legitimate powers which attach and belong to their sovereign character.   [17]

 

Eaton to William Carroll -

May 30, 1829

A crisis in our Indian Affairs has arrived.  Strong indications are seen of this in the circumstances of the Legislatures of Georgia and Alabama extending their laws over the Indians within their respective limits; these acts, it is reasonable to presume, will be followed by the other States interested in those portions of their soil now in the occupancy of the Indians.  In the right to exercise such jurisdiction, the Executive of the United States fully concurs and this has been officially announced to the Cherokee Indians.  [18]

 

 

 

To: Mr. Jno Ross
Principal Chief of the
Cherokee Nation

 

New town, Cherokee Nation August 29. 1829.

Dear Sir;

I have come into the Nation by appointment of the Secy of War, to see you and other principal men on a subject interesting to the Cherokees as well as the United States.

It is scarcely necessary to say that the President of the U States feels a deep interest in the removal of the Cherokees West of the Mississippi. This you have been informed of by himself. He believes that it will tend to the permanent advancement of the prosperity of the nation, and will prevent those unpleasant bickerings that are sure to arise from the extension of Jurisdiction by the adjoining States over that part of the nation within their respective chartered limits. Without entering further into a train of reasoning upon this subject, permit me to say that I am directed to make the plain, simple proposition to you. Will you agree to meet commissioners to be appointed by the President, at such time as might best suit the convenience of both parties, for the purpose of discussing the subject of the Cherokees removing West of the Mississippi. You will then have the opportunity of hearing the propositions of the government. If they are such as meet the approbation of the nation, you will, of course agree to them. If they are not you will reject them. It is to me a source of much satisfaction to find that the best feelings exist every where towards the US in the nation, and that the circulation of tales of hostile intentions on their part is wholly without foundation. This pleasing intelligence I shall not fail to communicate immediately to the President.

I trust that you will readily agree to meet commissioners for the purpose above mentioned. It is granting nothing on your part, and will evince a disposition to keep up those friendly relations which have so long happily subsisted between the Cherokees and the US and which I trust will not be lessened by any circumstances to come. Receive assurances of my best wishes for the future happiness of the nation over which you preside, and of the regard, with which I am most respectfully

Your friend
Wm Carroll

[Governor of Tennessee]  [19]

 

 

 

 

To His Ex.cy
William Carroll
Govr. of Tennessee Present.

 

New Echota Cherokee Nation August 29th 1829

Dear Sir,

Your communication of this date Containing the object of your visit to the Nation under instruction from the Secretary of War is received and maturely deliberated on in Executive Councils Convened for the express purpose. The deep interest felt on the part of the President of the U. States for the removal of the Cherokees West of the Mississippi is Known to the Nation, It is a subject that has often & long since been submitted for consideration and been deliberated by the Councils of the Nation with all that solemnity its importance deserves, and the conclusion and result of those deliberations have been expressed in soberness & sincerity to the Govt. of the U States, adverse to a removal- And We declare that those sentiments and disposition remain the same and are unchangeable; you state that you are instructed simply to propose, that " We will agree to meet Commissioners to be appointed by the President, at such time as may best suit the Convenience of both parties for the purpose of discussing the subject of the Cherokeere moving West of the Mississippi; and that we would then have an opportunity of hearing the propositions of the Government."-

It is deemed inexpedient to enter into a special agreement to meet Commissioners for the purpose of discussing the subject of the Cherokees removing West of the Mississippi. When it is well known that the disposition of the Nation is adverse to a removal and that no proposition could be made to change their disposition as to induce them ever to enter into a treaty on the Subject- Especially as the proper authorities of the Nation are ever ready at all times to receive in the most friendly manner all public functionaries of the U States that may be appointed by the President for the purpose of Submitting Subjects for our consideration.

The Executive Department of the Nation will never neglect to attend to such business during the recess of the Genl. Council (as is manifest on the present occasion) and the Legislative Department during its session (which is convened annually on the second Monday of October) in like manner will always receive and act upon all Subjects submitted for their consideration & decision -- . The right of Individual States exercising jurisdiction over the Territory solemnly secured & Guarantied to the Cherokee Nation by treaty, is a subject that is certainly questionable -- The principles contained in the Constitution of the U. States& the Treaties establishing relationships between the U. States& the Cherokee Nation are in variance to the exercise of such a power by the State Government. We are aware that a decision on this important Subject must seal our fate in prosperity & happiness or in missery and distruction - But Confiding in the magnanimity & justice of the United States, we place our dependence upon their plighted faith & await the result -- We are happy to hear that it affords you much sattisfaction to find that the best feelings exist every where towards the U. States in the Nation And that you will take occasion to Communicate this fact to the Prest. of the U. States in contradiction to the slanderous reports circulated by the frontier News Papers prejudicial to the best interest of the Cherokee People. Permit us Sir in addition to say that so far from the Cherokees entertaining any hostile feelings toward the Citizens of the U. States -- that in our opinion, no people could be found in the U. States, who would, in case of actual war, prove more loyal to the cause of the U. States that the Cherokees -- . Yourself as well as the President of the U States have witnessed this fact realized during the late war -- With great pleasure we reciprocate your wishes for the future happiness of this Nation. In return you will please to accept the best wishes for your health & happiness & for the peace and prosperity of the United States -- . In behalf of the Cherokee Nation

We have the honor to be Sir Very Respectfully Yr.Obt. Servts

Jno Ross
Geo. Lowrey
William Hicks
Major Ridge his X mark  [20]

 

 

Cherokee Phoenix

September 9, 1829

Why were we not told long ago that we could not be permitted to establish a government within the limits of any state?  Then we could have borne disappointment.  There is, as would naturally be supposed, a great rejoicing in Georgia.  It is a time of "important news" - "gratifying intelligence" - "The Cherokee lands are to be obtained speedily."  It is even reported that the Cherokees have come to the conclusion to sell, and move off to the west of the Mississippi - not so fast.  We are yet at our homes, at our peaceful firesides,  (except those contiguous to Sandtown, Carroll, &c.) attending to our farms and useful occupations.

 

*

 

 The intruders, who to say the least have acted more like savages toward the Cherokees, than the Cherokees toward them, are still permitted to continue in their unlawful proceedings, notwithstanding the frequent complaints made to the agent, Col. Montgomery.  We were in hopes that the executive of the United States would respect the laws entrusted to their administration, although they may be inclined to question many of our rights.  One right, however, the United States cannot possibly deny us - the right of calling upon her to execute her own laws.

 

 

Cherokee Phoenix

October 14, 1829

 

To our beloved Brother Elias Boudinot: 

We understand that rumors are in circulation, which are calculated to induce our friends to believe, that we are willing to leave our country.  In order to counteract the injurious tendency of such reports, we wish to communicate to the public our own testimony on the subject. 

The emigrating scheme has been proposed to us, and we have considered it deliberately, and the result is, that not a single citizen of this District has agreed to the plan.  The bones of our fathers lie here in security, and we cannot consent to abandon them to be crushed beneath the feet of strangers.

Most of our old men have lived here from infancy to old age, and our young men inherit the same disposition.  The lands we possess are the gift of our Creator.  They are moreover recognized by the United States, and guaranteed to us forever.  Our limits on all sides are permanently fixed and well known.  Within these limits we consider ourselves at home, and have no doubt to the goodness of our title.  And the pure air of our country, the wholesome springs and fertile soil are well suited to supply our wants and to promote our happiness.  In the enjoyment of these blessings, our rising families are making rapid advance in knowledge and industry are in good order.

Our Creator has not given us the land beyond the Mississippi, but has given it to other people; and why should we wish to enter upon their possessions?

We have not been in the habit of moving from place to place as the white people have, and we think those of our white brethren who are anxious to take possession of our lands might with a little trouble, keep on to the west and settle the lands which they recommend to us.  We feel injured and aggrieved in being continuously harassed with solicitations to part with our last refuge on earth.  When a person owns certain property and a brother wishes to purchase it, if the owner refuses to sell we think the other ought to cease his importunity and should never think of having recourse to unfair and forcible means to obtain it. . . .

the citizens of Aquohee District  [21]

 

 

 

Cherokee Phoenix

October 28, 1829

My Children: Permit me to call you so, as I am an old man and have lived a long time, watching the well being of this Nation.  I love your lives, and wish our people to increase on the lands of our fathers. 

The bill before you is to punish wicked men, who may arise to cede away our country contrary to the consent of the Council.  It is a good law - it will not kill the innocent but the guilty.  I feel the importance of this subject, and am glad the law has been suggested. 

My companions, men of renown, in Council, who now sleep in the dust, spoke the same language, and I now stand on the verge of the grave to bear witness to their love of country.  My sun of existence is now fast approaching to its setting, and my aged bones will soon be laid underground, and I wish them laid in the bosom of this earth we have received from our fathers who had it from the Great Being above.  When I shall sleep in forgetfulness, I hope my bones will not be deserted by you.  I do not speak this in fear of any of you, as the evidence of your attachment to the country is proven in the bill before your consideration. 

I am told, that the government of the United States will spoil their treaties with us and sink our National Council under their feet.  It may be so, but it shall not be with our consent, or by the misconduct of our people.  We hold them by the golden chain of friendship, made when our friendship was worth a price, and if they act the tyrant and kill us for our lands, we shall, in a state of unoffending innocence, sleep with thousands of our departed people.          

My feeble limbs will no allow me to stand longer.  I can say no more but before I sit, allow me to tell you that I am in favor of the bill.

Womankiller, of Hickory Log District

 

 

 

President Andrew Jackson –

December 8, 1829

I informed the Indians inhabiting parts of Georgia and Alabama, that their attempt to establish an independent government would not be countenanced by the Executive of the United States and advised them to emigrate beyond the Mississippi or submit to the laws of those States.  [22]

 

 

 

To Elias Boudinot

Head of Coosa, Cher N February 13^th 1830

The intruders living on the public road leading to Alabama and at Saunders’ old place were turned out of doors with all their effects.  The company were fully persuaded that if the houses were not destroyed, the intruders would not go away; they therefore determined on the expediency of setting fire to them.  There were eighteen families of intruders thus removed, and having executed this duty with the utmost levity towards them, and not having injured any of their property, the Cherokees felt no uneasiness, or alarm from any quarter and returned home in small detached parties.  Unfortunately, four of them became intoxicated and remained at Samuel Rowe's house where there was whiskey.  In the course of the night of the 5th inst. a party of intruders, upwards of twenty men, armed with guns, came and arrested them: that is, The Waggon, Daniel Mills, Rattling Gourd and Chuwoyee.  The first named was found in strings by the intruders, the Indians having tied him to prevent him doing injury, and the second was beaten with a gun and stamped by the intruders, and the third was not hurt, but the fourth who was unable to walk (being very drunk) was tied and put upon a horse, but not being able to sit on, and falling off once or twice, he was most barbarously beaten with guns &c. in the head, face, breast and arms, and was then thrown across the pummel of a saddle on a horse, and carried by the rider in that situation about a mile and then thrown off.  The poor unfortunate man died the next morning, and his corpse was left on the ground without any person to take care of it.  The other three were sent to Carroll County, Georgia, under guard.

Jno Ross  [23]

 

 

To Jeremiah Evarts                    

Head of Coosa Cherokee Nation April 6th 1830

My Dear Sir                                   

Your very kind letter of the 3rd of February last was duly read.  I cannot adequately express my grateful feelings to you for the very able manner in which you have so clearly and correctly elucidated the right of the Cherokee Nation, in the series of essays under the signature of "William Penn"; but the gratitude of the Cherokee People, and the thanks of good men, and the reward of a gracious Being will be with you, for your benevolent exertions. . . .

Jno Ross  [24]

 

 

 

Cherokee Phoenix

April 21, 1830

 

“From Committee of Indian Affairs in the House of Representatives “

 

“The intelligent observer of their character will confirm all that is predicted of their future condition, when he learns that the maxim, so well established in other places, "that an Indian cannot work", has lost none of its universality in the practice of the Indians of the South; that there, too, the same improvidence and thirst for spirituous liquors attend them, that have been the foes of their happiness elsewhere; that the condition of the common Indian is perceptibly declining, both in the means of subsistence and the habits necessary to procure them; and that upon the whole, the mass of the population of the Southern Indian tribes are a less respectable order of human beings now, than they were ten years ago.”

 

*

 

Go to their elections and courts and number those who are under the influence of inebriating drink, and then come into the nation, and visit the Indian elections, courts and the General Council and make a disinterested comparison, and we pledge ourselves that there is less intemperance here on these occasions than among the whites.

 

 

 

 

Proclamation by Governor Gilmer of Georgia

June 26, 1830

Whereas it has been discovered that the lands in the territory now occupied by the Cherokee Indians within the limits of this state, abound with valuable minerals, and especially gold - And Whereas the State of Georgia has a fee title to said lands, and the entire and exclusive property in the gold and silver therein; And Whereas numerous persons, citizens of this and other states, together with the Indian occupants of the said territory. . . . engaged in digging for gold in the said land, and taking there from great amounts in value, thereby appropriating riches to themselves which of right equally belong to every other citizen of the state. . . . I have thought best to issue this my proclamation notifying all persons whom it may concern that the jurisdiction of this state is now extended over all the territory in the occupancy of the Cherokees, included within the limits of this State, and which was by an act passed by the last legislature of this State made a part of the counties of Carroll, DeKalb, Gwinnett, Hall or Habersham. . . . and to warn all persons whether citizens of this or other states or Indian occupants, from all further trespass upon the property of this State, and especially from taking any gold or silver from the lands included within the territory occupied by the Cherokee Indians. . . .  [25]

 

 

Notice July 1830

 

An officer commanding a detachment of United States Troops who have been ordered into the nation, as it is said for the purpose of removing intruders, has communicated to the Cherokees at the Gold mines, the following notice --

That an arrangement has been entered into, by which there will be mutual assistance between the U. S. Troops and the civil authority of Georgia in all civil processes, the jurisdiction of Georgia having extended over the chartered limits, and all the natives are hereby advised to return to their homes and submit to the proclamation of the State authority.

E. TRAINER, Lieut. Com'g. [26]

 

 

 

Message to the General Council by John Ross

New Echota, C.N. July 10-16, 1830

The constituted authorities of Georgia having assumed the power to exercise sovereign jurisdiction over a large part of our Territory, and our Political Father, the Chief Magistrate Andrew Jackson of the United States, having declared that he possesses no power to oppose, or interfere with Georgia in this matter, our relations with the United States are placed in a strange dilemma.  The grave aspect of this picture calls for your calm and serious reflections.  I have therefore deemed it my incumbent duty, on this extraordinary occasion, to convene the General Council of the Cherokee Nation.   [27]

 

 

 

To Hugh Montgomery

Cherokee Agency, November 25^th 1830

In the removal of the white intruders from the gold mines the Cherokees who were engaged in the mining business were also ordered to desist, and were in part threatened as intruders, and upon being told that the prohibition was only intended a temporary suspension, for the effectual removal of the whites, the Cherokees all quietly and peaceably agreed to comply with the orders of the President.

It is now stated that the troops are about to be recalled from the nation, that the protection of the Cherokees is to be transferred to the Government of Georgia.  This extraordinary movement, if true, is astonishingly strange. . . .

Jno Ross  [28]