Appalachian Summit

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29. Courts and Councils

 

 

 

 

The strongest white support for the Cherokees in their resistance to removal came from the missionaries living among them and their supporters in the northeast.  In 1831, realizing this, the state of Georgia moved against the missionaries.

In October of the following year, Georgia instituted a lottery of Cherokee lands in which male citizens, widows of veterans, and veterans themselves were eligible to win Cherokee homesteads in the drawings. 

In the face of this pressure the Cherokees were divided into two factions – one led by Major Ridge, his son John, and  Elias Boudinot who favored a treaty of removal and the other led by John Ross and supported by the vast majority of the Cherokees who opposed it.

 

 

 

Governor Lumpkin of Georgia to President Andrew Jackson-

January 3, 1831

It appears to me that the rulers of the Cherokees have sufficient intelligence to see the utter imbecility of placing any further reliance upon the Supreme Court to sustain their pretensions.  The Supreme Court has as much right to grant a citation to cite the King of Great Britain for any assignable cause as to cite the govt. of Georgia for the manner in which the state chooses to exercise her jurisdiction.  Georgia is not accountable to the Supreme Court or any other tribunal on earth unless that is made a crime which is done by virtue of constituted law.  [1]

 

John Ridge to John Ross -

Philadelphia

January 12, 1831

Sir . . . Ere this, you must already be advised of the journey I have undertaken to some of the large cites in company of Mr. Boundinot, with a design to draw from the people the expression of public sentiment on the crises of Cherokee affairs . . . and it affords me pleasure to state that the prospects of a great and vigorous expression of indignation from this city, against the cruelties of Georgia and the policy of the United States is now flattering.  It will be made either by a public meeting or signatures . . . at their residences, by men appointed for that purpose.  Mr. Boudinot’s objects are also more understood and measures [are] in . . . progress to afford our Nation the relief so much desired.  [2]

 

 

 

To David Crockett

January 13, 1831

How the President of the U States can reconcile it to his feelings to withdraw from us the protection pledged by treaty, and to allow the state of Georgia to usurp from us the rights and liberties of freemen and to keep up a standing military force in our country and in time of profound peace too, I cannot understand. . . . his policy towards the aborigines, in my opinion, has been unrelenting and in effect ruinous to their best interests and happiness.  And whatever may be the result of our present difficulties and troubles, we are prepared to meet it - but never to remove West of the Mississippi upon lands within the limits of the U States.

Jno Ross  [3]

 

 

Congressman Edward Everett of Massachusetts -

February 1831

Here, at the center of the nation, beneath the portals of the Capitol, let us solemnly auspicate the new era of violated promises, and tarnished faith.  Let us kindle a grand council-fire, not of treaties made and ratified, but of treaties annulled and broken.  Let us send to our archives for the worthless parchments, and burn them in the face of day.  There will be some yearnings of humanity as we perform the solemn act.  They were negotiated for valuable considerations; we keep the considerations, and break the bond.  One gave peace to our afflicted frontier; another protected our infant settlements; nearly all were at our earnest request.  Many of them were negotiated under the instructions of Washington, of Adams, and of Jefferson - the fathers of our liberty.  They are gone, and will not witness the spectacle; but our present Chief Magistrate, as he lays them, one by one, on the fire, will see his own name subscribed to a goodly number of them.  Sir, they ought to be destroyed, as a warning to the Indians to make them no more compacts with us. [4]

 

 

 

To the Cherokees

14 April 1831

The busy tattlers and intriguers who are ever ready to prey upon our vitals by false insinuations, will, no doubt, endeavor to persuade you to believe that there is no hope left for you on this side of the Mississippi: nay, the coarse voice is even now beginning to be heard rustling from the "forked tongue" o'er the plains, hills & mountains throughout the land, therefore beware & suffer not yourselves to be deluded by them.  You have for the time past met opposition & injustice with fortitude & forbearance and I trust you will preserve in this prudent course; as it will not fail in due time to lead you to a safe deliverance from all the troubles you are experiencing under the cruel & unjust measures pursued by the state of Georgia & the President towards us.

Jno Ross  [5]

 

 

 

To Samuel Worcester 

May 16, 1831

Sir, 

It is a part of my official duty to cause all white persons residing within the territory of the state, occupied by the Cherokees to be removed therefrom, who refuse to take the oath to support the constitution and laws of the state.  Information has been received of your continued residence within that territory, without complying with the requisites of the law, and of your claim to be exempted from its operation on account of your holding the office of postmaster of New Echota.  You have no doubt been informed of your dismissal from that office. 

That you may be under no mistake as to this matter, you are also informed that the government of the United States does not recognize as its agents the missionaries acting under the direction of the American Board of Foreign Missions. 

Whatever may have been your conduct in opposing the humane policy of the general government, or exciting the Indians to oppose the jurisdiction of this state, I am still desirous of giving you and all others similarly situated, an opportunity of avoiding the punishment which will certainly follow your further residence within the state contrary to its laws.  You are, therefore, advised to remove from the territory of Georgia, occupied by the Cherokees. 

Col. Stanford, the commander of the guard, will be requested to have this letter delivered to you, and to delay your arrest until you shall have had an opportunity of leaving the state.

Very Respectfully yours

                                                              George R. Gilmer

 [Governor of Georgia]  [6]

 

 

 

Cherokee Phoenix

May 28, 1831

On last Monday, our worthy Post Master, Rev. S. A. Worcester, who has given general satisfaction for the faithful and able manner in which he has discharged the duties of his office, was turned out, to make way for Wm. J. Tarvin, a trader who came into the nation under a license from the United States Agent, according to the law of 1802, regulating trade and intercourse with the Indian tribes, but who has since taken the oath of allegiance to Georgia, and is now selling spiritious liquor to the Indians, against the express injunction of the law referred to above.

 

 

 

To Samuel Worcester

May 1831

We received yesterday, from Col. McKenney, a letter containing a charge against you, forwarded to his office from the nation. 

The charge was, interfering with the press, & writing scurrilous articles respecting the officers of government & other public men. 

The letter was answered & the charge declared by us as unfounded.  The number of the Phoenix containing your disclaimer, was forwarded to him.  Col. McKenney gave no opinion as to the credit attached to the article in the War Department.

Do what is right, & you need not fear.

Jeremiah Evarts  [7]

 

 

Haweis, June 7, 1831
To his Excellency George R. Gilmer, Governor of Georgia.
Sir, --

A few days since, I received a communication purporting to be from your excellency

Suffer me to say, I was not a little surprised at some ideas that communication contained. It is due to the cause in which I am engaged, definitely and concisely to state the object of my residence in the Cherokee nation of Indians.

My sole object in commencing my residence among this people, more than ten years since, was to assist the government of the United States in promoting the civilization and Christianization of the Cherokees.

I have, during my life, studiously avoided all connection or interference with political affairs, and more particularly since my residence among this people. Since living among them, I have invariably pursued that course of conduct, which I conceived would tend most for their spiritual good. Though I may have been accused of being " a mortal enemy to Georgia and her measures," I solemnly affirm I am not, although I could not in conscience subscribe to all her enactments. For instance, I could not take the oath required of white men who reside in her chartered limits, as this would acknowledge the jurisdiction of Georgia over the Cherokees, which would be adverse to my opinion, and essentially effect my usefulness. My principles of action are founded on the work of God; and if adhering to the "law and the testimony," and endeavoring to follow the examples of holy writ, my conduct be construed into an unjustifiable interference with political transactions, I cannot help it. I cannot change my religious views, or general religious conduct, with the various political changes of the times. It is what neither your excellency nor any other person can expect. Rather than change my religious views, to meet the exigencies of political affairs, permit me to say, I should sacrifice my life. I wish you distinctly to understand, that I came into the nation for no political or selfish purposes; and that I remain here only for the spiritual good of this people; and that no sufficient reasons have ever been presented to my mind for me to leave the infant church collected here, to be broken to pieces and scattered. If I must suffer for the above course of conduct, I hope the Lord will enable me to meet suffering, with Christian meekness and fortitude. Wishing you and your state, the greatest and best blessings heaven can bestow,

I am very respectfully Your obedient servant,
Elizur Butler  [8]

 

 

 

New Echota, Cher. Na. June 10. 1831

To His Excellency George R. Gilmer, governor of the State of Georgia.

Sir,

Your communication of the 15th ult. was put into my hand on the 31st. by an express from Col. Sanford, accompanied with a notice from him, that I should become liable to arrest, if after ten days, I should still be found residing within the unsettled limits of the state.

I am under obligation to your excellency for the information, which I believe I am justified in deriving by inference from your letter, that it is through your influence, that I am about to be removed from the office of postmaster at this place; inasmuch that it gives me the satisfaction of knowing that I am not removed on the ground of any real or supposed unfaithfulness in the performance of the duties of that office.

Your excellency is pleased to intimate that I have been guilty of a criminal opposition to the humane policy of the general government. I cannot suppose that your excellency refers to those efforts for the advancement of the Indians in knowledge, and in the arts of civilized life, which the general government has pursued ever since the days of Washington, because I am sure that no person can have so entirely misrepresented the course which I have pursued during my residence with the Cherokee people. If by the humane policy of the government, are intended those measures which have been recently pursued for the removal of this and other tribes, and if the opposition is no more than that I have had the misfortune to differ in judgement with the executive of the United States, in regard to the tendency of those measures, and that I have freely expressed my opinion, I cheerfully acknowledge the fact, and can only add that this expression of opinion has been unattended with the consciousness of guilt. If any other opposition is intended, as that I have endeavored to bias the judgement, or influence the conduct of he Indians themselves, I am constrained to deny the charge, and beg that your excellency will not give credit to it, until it shall be sustained by evidence.

Your excellency is pleased further to intimate, that I have excited the Indians to oppose the jurisdiction of the State. In relation to this subject, also, permit me to say, your excellency has been misinformed. Neither in this particular am I conscious of having influenced, or attempted to influence the Indians among whom I reside. At the same time I am far from wishing to conceal the fact, that, in my apprehension, the circumstances in which providence has placed me, have rendered it my duty to enquire whose is the rightful jurisdiction over the territory in which I reside; and that this enquiry has led me to a conclusion adverse to the claims of the state of Georgia. This opinion, also, has been expressed -- to white men with the greatest freedom; and to Indians, when circumstances elicited my sentiments. . . .

I need not, however, enlarge upon these topics. I thought it proper to notice them in a few words, because I understood your excellency to intimate that, in these respects; I had been guilty of a criminal course of conduct.

After the expression of my sentiments, which I have already made, your excellency cannot fail to perceive, that I could not conscientiously take the oath which the law requires. That oath implies an acknowledgement of myself as a citizen of the state of Georgia, which might be innocent enough for one who believes himself to be such, but must be perjury in one who is of the opposite opinion. I may add, that such a course, even if it were innocent of itself, would in the present state of feeling among the Indians, greatly impair, or entirely destroy my usefulness as a minister of the gospel among them. It were better in my judgement, entirely to abandon my work, than so to arm the predjudices of the whole people against me. . . .

Your excellency will accept the assurance of my sincere respect.

S. A. Worcester  [9]

 

 

 

 

 

A meeting between President Andrew Jackson and the Cherokee delegation

July 1831

 

President Andrew Jackson to John Ridge -

I'm particularly glad to see you at this time, I knew that your claims before the Supreme Court would not be supported.  The court has sustained my views in regard to your nation.  I blame you for suffering the lawyers to fleece you - they want your money, and will make you promises even after this.  I have been a lawyer myself long enough to know how lawyer's will talk to obtain their clients money.

Cherokee delegates -

We don't believe you would blame the Cherokees for their efforts to maintain their rights before the proper tribunals.

President Jackson -

Oh no, I don't blame you for that.  I only blame you for suffering the lawyers to fleece you. - I am a friend of the Cherokees, they fought with me in the war and freely shed their blood with the blood of my soldiers in defending the United States and how could I be otherwise than their friends?

You can live on your lands in Georgia if you choose, but I cannot interfere with the laws of that state to protect you.   [10]

 

 

 

 

To Hugh Montgomery

September 9^th 1831

On last evening I received intelligence that a detachment of Georgia guard, under the command of Serg. Brooks, a few days since in reconnoitreing the woods at the upper gold mines in this nation, came across two Cherokee Boy's on Bag's branch, and shot at them; the boys fled into the wilderness, and the Georgia Troop in their pursuit, found another Cherokee on Terril's mill creek, who they suppose had been digging for gold; & upon the approach of these troops, the Cherokee took to his heels, and the soldiers were ordered to fire on him, and on the third shot the poor Indian fell to the ground, very dangerously wounded. . . .

Altho, the cries of the Cherokees and their past wrongs have not been heard and redressed, and altho, in the feebleness of their exertions to seek a peaceable & quiet redress under the provisions of their Treaties, an attempt has been made to bind their hands, by withholding their national annuity from their Treasurer.

Jno Ross  [11]

 

 

To William Wirt

Oct 7^th 1831

You are doubtless already informed that the Revd. Mr. Worcester & Docr. Butler Missionaries of the American Board have been sentenced and committed by the Court of Georgia to the Penitentiary of that State.  The Revd. Mr. [William] Patter some days since set out with copies of the records of the court to Washington with the view to obtain Writs of error from the Chief Justice [John Marshall].

Jno Ross  [12]

 

 

 

Annual Message

October 24^th 1831

Two of these worthy and inoffensive men [Samuel Woster and Elizer Butler] who had been delivered over to the civil authority of Georgia under the charge of merely residing in this Nation, and refusing to comply with the law of that state which goes to infringe upon the rights and liberties guaranteed to every free and loyal citizen under the constitution of the United States . . . sentenced by Judge Clayton to the penitentiary of Georgia, there to endure hard labor for the term of four years.

Jno Ross  [13]

 

 

 

To William Wirt

November 11, 1831

Great exertions are using at this time by the joint Agents of the U.S. & Georgia to induce the Citizens of this Nation to enroll their names for emigration West of the Mississippi river, a few worthless whitemen who have taken the oath of allegiance to Georgia have, I am informed, subscribed their names, but their example will not be followed by the mass of our citizens, as those persons are viewed  only as traitors and subjects of Georgia; were the President to send his agents into the frontier counties of Georgia with similar instructions to enroll Georgians, instead of Cherokees, I have no doubt they would be more successful. . . .

Jno Ross  [14]

 

 

 

 

Cherokee Phoenix

December 24, 1831

. . . common people grown sick with the expectation of Indian land and gold. . . . This class is numerous, and all ignorant - they do not know anything about writs of error, the constitution of the United States, ect.  They know they are poor and wish to be rich, and believe that, if they have luck, they will draw a gold mine, and most everyone expects to have his luck in the lottery.

 

 

Cherokee Phoenix

February 18, 1832

These unoffending and guileless men were ignominiously received like felons - they were chained with horses' trace-chains around their necks and fastened, one to the neck of a horse, the other to the tail of a cart, and thus dragged with bleeding feet, through the rough and tangled forest, over brake and bush and bog and fen, at the point of a bayonet, and even in sickness, with wounded feet refused the privilege of riding their own horses.

 

 

 

Cherokee Phoenix

March 3, 1832

 

Quoted from the New York Commercial Advertiser

Feb 18, 1832

J. Ridge rather tall and slender in his person, erect, with a profusion of black hair, a shade less swarthy, and with less pronounced cheekbones than our western Indians.  His voice is full and melodious, his elocution fluent, and without the least observable tincture of foreign accent or Indian.  Even his metaphors are rarely drawn from the forest, and he had little or none of that vehement action that characterizes the orators of uncivilized tribes.

His narratives of the brutalities of the Georgia Guard towards the Missionaries . . . was sufficient to fire the blood and rouse the indignation of every American deserving the name of man.

 

 

        

 

 

 

To Stand Watie

Boston, March 7, 1832

My Dear Brother,

You will, before this reaches you, have heard of the decision of the Supreme Court of the United States, in favor of Mr. Worcester and Butler and against the State of Georgia. It is a glorious news. The laws of the State are declared by the highest judicial tribunal in the Country null and void. It is a great triumph on the part of the Cherokees so far as the question of their rights were concerned. The question is for ever settled as to who is right and who is wrong, and the controversy is exactly where it ought to be, and where we have all along been desirous it should be. It is not now before the great state of Georgia and the poor Cherokees, but between the U.S. and the State of Georgia, or between the friends of the judiciary and the enemies of the judiciary. We can only look and see whoever prevails in this momentous crisis. . . .

Elias Boudinot  [15]

 

 

 

 

To Cherokee Delegates

Head of Coosa, Cherokee Nation, 30th March 1832

Our adversaries are generally down in the mouth - there are great rejoicings throughout the nation on the decision of the supreme court upon the Cherokee case.  Traitors and internal enemies are seeking places where to hide their heads.

Jno Ross  [16]

 

 

 

 

 

Washington City

April 6th, 1832

Mr. Stand Watie

 

Dear Cousin,

Your favor of the 23 ult. has reached here and it is truly acceptable and I now hasten to answer it. That it has been a day of rejoicing with patriots of our Country on hearing of the glorious decision of the Supreme Court, I can readily perceive and congratulate them upon the momentous event. But you are aware and ought to advise our people that the contest is not over and that time is to settle the matter either for us and all the friends of the Judiciary or against us all! We have gained a high standing and consideration in the interests and best affections of the community from which we can never be removed. But Sir, the Chicken Snake General Jackson has time to crawl and hide in the luxuriant grass of his nefarious hypocracy until his responsibility is fastened upon by an execution of the Supreme Court at their next session. Then we shall see how strong the links are to the chain that connect the states to the Federal Union. Upon this subject the Union pauses and stands still to look upon the crisis our intellectual warfare has brought them and the Cherokee question as it now stands is the greatest that has ever presented itself to the consideration of the American People. Upon the shoulders of this body politic, if there was a proper head, the friends of the permanency of the general government could look upon this decision undismayed as to the results of the menacing attitude which the foolish Georgians have assumed. . . .

Yours, ect.

John Ridge  [17]

 

 

 

 

To Richard Taylor, John Baldridge, Sleeping Rabbit, Sicketowee, and Wahachee

Ap. 28, 1832

It is my duty to communicate to you, that the people of your respective villages may be apprised of the reprehensible conduct of John Walker, Jr. & James Starr who accompanied certain Cherokees of Arkansas Territory to Washington City in the course of the past winter, by misrepresenting the true feelings & dispositions of a large portion of the citizens of Chickamaugah, Amochee & Aquohee Districts to the President & Secretary of War, with the view of encouraging them with the idea that a majority of those citizens are favorable to a treaty being made.

The Supreme Court in the case of Worcester & Butler vs. the State of Georgia has determined the question of our national rights as fully as can be.  The decision is final and cannot be revoked: but the course of legal proceedings is necessarily attended with tardiness, consequently should the authorities of Georgia, refuse, as they have done, to release immediately those much injured imprisoned gentlemen, and continue still to arrest & oppress our citizens, we should not be discouraged, because the President, out of his disappointment, may still persue a political course towards us, under the hope that by withholding from us the protection of the government, a Treaty may yet be effected previous to the time when it shall become his imperious duty to act for the enforcement of this decision of the Supreme Court.  The conflict is now between the United States & Georgia.

Our country is again full of surveyors who are engaged by the authorities of Georgia, to run out a large portion of our territory into small lots. . . .

I cannot believe that the General Government would allow Georgia to go so far as to draw for and occupy our lands by force.  The President has repeatedly said to us, that the Cherokee will be protected in their territorial possessions; and he has also boasted of never having told a red brother a lie, nor ever having spoke to them with a forked tongue.  We have a right , however, to judge of this bravado for ourselves from his own acts.

Jno Ross  [18]

 

 

To William Wirt

June 8^th 1832

 I have been advised that at the particular request of Judge McLean our delegation paid him a visit on the eve of his departure from the City, it was his desire to converse with them on the subject of our prospects & to offer them his views, which he did by saying that it was his firm belief that we are not to realize what we expected from the decision of the Court.  It was, however, the duty of the Court to have done what they did, but the executive would not sustain them.  Then allowing that there should be a change in the administration of the govt. he explained the impossibility of enforcing the decision unless Georgia voluntarily submitted. . . . His advice was that the nation would be better to unburden itself of these difficulties by a removal. . . . 

Jno Ross  [19]

 

 

Head Quarters Etowah
November 9th 1832

Governor Lumpkin

Sir

Inclosed I have the honor of sending you the pay roll for the third Quarter of the present year, you will please have it connected with the report forwarded by Col Williamson.

The deliberations of the late Cherokee council has been conducted with more than their usual acuracy  & caution. it has been a difficult matter to learn any thing satisfactory of their deliberations. from the best information that I have been able to obtain, they have appointed John Ross, Richard Taylor, Joe Vann and, Baldridge, delegates to attend at Washington city during the approaching session of congress, some say that they have powers to treat at Washington, others think, that, after finding the extent the government will go, they will request commissioners to meet in the nation I am inclined to the latter opinion as it will be more satisfactory to the people to have the treaty when they can witness every thing themselves, and Ross will not hazard his popularity by making a treaty unless he is confident it is approved by the nation generally I have no doubt but a treaty will be made some where, as soon as it is ascertained that Genl. Jackson is reelected. Crops of corn are verry short in this part of the state, it is necessary for economy, that our purchases should be made as early as possible, you will please give me your opinion as to the probable time we shall be retained in the service of the State. I have declined giving my opinion about returning the Guard longer than to the close of the lottery, because it might be considered that I felt an interest in its continuance, but I know that it will be necessary to retain a part of the men in service, untill the fractions are disposed of, if the public property is to be protected, and I fear it will be found necessary untill the Indians are removed for their protection; I have been compeld already to send a detachment of some eight, or ten miles to remove a man who had taken possession of an Indians land, without the shadow of title, what will they do after they have drawn the land, & think they should have possession of it? please converse with Coln  Williamson on this subject.

I have the honor to be most respectfully your Excellencys obdt. Servt

Jno Coffee  [20]
 

 

 

 

President Andrew Jackson -

December 1832

John Marshall has made his decision; now let him enforce it.  [21]

 

 

 

 

 

Cherokee Phoenix

January 19, 1833

 

The beautiful and beloved country of the Cherokees is now passing into the occupancy of the Georgians. . . .

Our land is wedged with settlers, and droves of land hunters, to which the Indians daily cry, and it is literally," Robbery! Robbery!"

This crusade on our rights forms a new era in the history of the United States by which the Cherokees are denationalized, treaties destroyed, the legislation of Congress to carry them into effect annulled, and the faith of the republic fled to the western wilds. . . .

 

 

 

To Lewis Cass

February 14^th 1833

Under the assumption of the right to exercise jurisdiction, it is known that Georgia has passed legislative acts to survey and draw a lottery for the occupation of our land; and which in part, have been carried into effect.  And without the timely interposition of this government will doubtless rob us of our lands.

On the subject of our annuities you reply "that none are withheld from us" - "that the Govt. has engaged to pay certain annuities to the Cherokees whether these are to be paid to persons representing the tribe or the individuals composing it, as the treaties do not provide, the govt. is at liberty to determine."

. . . the usual practice of the Govt. in paying those annuities has always been through the U States agent, to the authorities of the Cherokee Nation, & by them disposed of as the legislative council thereof think fit to direct for the public welfare.

Since the unconstitutional proceedings of Georgia toward our nation, our public expenses have greatly increased and consequently debts have been incurred, for the payment of which the faith of our nation stands pledged.  And we trust the President will see in this good reasons for directing the annuities to be paid over to us, as heretofore. . . .

Jno Ross  [22]

 

 

To Governor Wilson Lumpkin of Georgia

Cassville Ga  22d. Sept. 1833. –

Dear Sir,

I have been in tending to write to you on the Indian Affairs for some time, but the press of business in conducting the business of our nation at this interesting period, has prevented. I feel pleasure now to say that our cause prospers, & I believe will result in the general Cession of the Nation. The views taken in a communication by a Gentleman of the bar in the Georgia Pioneer on the Cherokee treaty, Should be republished with the correction of misprints in the paper alluded to. John Ross& his party will try to outlive the Administration of Genl. Jackson if they are not forced into the treaty, & it now depends upon the treaty party to take a bold and decided stand. We have gained so much now in Georgia& Alabama, that we shall soon organise head chiefs & a regular Council for those two states and close the treaty -- However this is conditioned upon the refusal of the Ross party to Join in a general treaty -- He has requested a Conference, and we have accepted it, & it is possible that we may agree to make a General Cession. This Conference will be held it is proposed on the 2d. Monday in Oct. next in the chartered limits of Tennessee -- If that Council passes by with out our bringing the parties to an understanding, you may depend upon a vigorous course of measures on our part -- How shall we proceed? . . .

The Ross party tried hard to counteract the growth of our party by murders it is dreadful to reflect on the amount of blood which has been shed -- by the savages on those who have only exercised the right of opinion -- The Guard has been watchful & they have arrested these men who encourage the murders, & some of the murderers themselves. They see now that this course will not do. The amount of other crimes committed in this country is amazing, & I do sincerely believe that this Guard is necessary to be continued in this country until the treaty is consummated. If this guard was not in existence our labors would be inefficient compared to what they are -- The lives of the emigrating party would be sacrificed, & also the lives of the citizens of Georgia would be in danger --

I can say that the prospects of a general treaty is flattering, but we must prepare for the work as good generals in time of war. Keep what we have & gain the balance. The officers of the U. S. in this country & myself wrote you a joint letter on the subject of granting indulgence to the treaty party in their possessions while they remained according to the promises of the U.S. which I hope you have received before this.

Of course this letter is not for publication -- I shall write to you again 

your friend
John Ridge  [23]

 

 

 

Annual Message

October 15, 1833

The question being now determined, by the highest judicial tribunal of the United States, in favor of our nation, and the very lucid opinion of that venerable court having been published before the world, it is not necessary that I should at this late day, attempt by argument, to show the correctness of that righteous decision.  But, in as much as the President of the United States has thought proper as to not enforce the treaties in conformity with that decision, nor to remove the oppressive proceedings of his own agents toward us; it has become my bound duty to recommend you to take such steps as shall appear most proper to bring the whole subject before the approaching session of Congress, for a final action.

Jno Ross  [24]

 

 

 

To President Andrew Jackson

12^th March 1834

No redress of wrongs can the Cherokee receive from the Georgia courts, unless the foul deed be perpertrated in the sight of a white person, who may possess sufficient independence and honesty to testify to the facts, in behalf of the injured person.

. . . Georgia has not only surveyed and lotteried off all the Cherokee lands among her citizens, within the chartered limits of that state, but she has gone on in her legislation to act on the principle that the Cherokees are intruders upon her soil, and liable to expelled there from at her discretion.

. . .  Our territory within the limits of the other adjoining states are also likely to be overrun by intruders from the several states, as there are already numerous trespassers on Cherokee lands in those sections of the country. . . .

Should the Cherokee nation agree to cede to the United States for the use of Georgia a portion of its territory, will the President agree to have the laws and treaties executed and enforced for the effectual protection of the Cherokee nation on the remainder of their territory.

Jno Ross  [25]

 

 

 

 

To the Seneca Delegation

Washington City April 14^th 1834

Brothers -  . . . amidst of all this innocence, simplicity and bliss - the whiteman came; and lo! the animated chase, the feast, the dance, the songs of fearless, thoughtless joy were over.  And ever since, we have been made to drink the bitter cup of humiliation; treated like dogs; our lives, our liberties, the sport of the whiteman; our country and the graves of our Fathers torn from us, in cruel succession: until driven from river to river, from forest to forest, and thro' a period of upwards of two hundred years, rolled back, nation upon nation, we find ourselves fugitives, vagrant and strangers in our own country, and look forward to the period when our descendants will perhaps be totally extinguished by wars, driven at the point of the bayonet into the Western Ocean, or reduced to a State still more deplorable and horrid the condition of slaves. . . .

Brothers - You are aware that our Brethren, the Choctaws, Chickasaws and Creeks of the South have severally disposed of their country to the United States and that a portion of our own Tribe have also emigrated West of the Mississippi - but that the largest portion of our nation still remain firmly upon our ancient domain.  And our position there may be compared to a solitary tree in an open space, where all the forest trees around have been prostrated by a furious tornado - save one. . . .

Brothers - . . . when the white people first landed at these shores and placed their feet upon this Continent - they were but few in number and were consequently weak in physical strength but in knowledge they were strong for their minds were cultivated - and the red people were then numerous and strong, but in knowledge they were comparatively weak for their minds were uncultivated. 

The whites readily perceived this, and by artifice soon courted the friendship of the Indians and secured their hospitality & were kindly treated.  For their own preservation the whites contrived & succeeded in creating quarrels and wars between neighboring tribes, while they themselves sought refuge under the protection of their neutrality, until their numbers in process of time by emigrations from europe became numerous & strong.  They then were bold enough in conjunction with some of the tribes to wage exterminating wars against other tribes.  And in all their transaction with the Indians either in making public treaties or individual contracts - the whites from their superior policies - have been too successful in over reaching them.  And up to the present time we have almost daily proofs of these truths, for among our own people, we will find that discontent divisions & separations are taking place among them, and solely from feuds instigated by the intrigues of designing whitemen for the sake of promoting their own interest. 

Brothers - These things ought not to be so.  The red people should be united and true to themselves and firm in the support of their own rights.  The Great Creator has been equally boundiful to the red man as well as the white man in conferring strength to his intellectual capacities.

Jno Ross  [26]

 

 

 

Memorial to the Senate and House of Representatives

May 17th 1834

In this their [the Cherokees] distress, they have appealed to the judiciary of the United States, where their rights have been solemnly established.  They have appealed to the Executive of the United States to protect these rights according to the obligations of treaties and the injunctions of the laws.  But this appeal to the Executive has been made in vain. . . 

It is but too plain that for several years past, the power of the Executive has been asserted on the side of the oppressors, and is cooperating with them in the work of destruction. . . .

Having failed in their efforts to gain relief elsewhere, your memoralist now appeal to Congress, and respectfully pray that your Honorable Bodies will look into their whole case, and that such measures may be adopted as will give them redress and security.

Jno Ross  [27]

 

 

Major Ridge -

August 1834

[I] have not the vanity to hope for honors in my declining years.  My sun of existence is going down.  It is low.  [I] have only a short time to live.  It may be that [Tom] Foreman has better expectations & that he should in slandering men establish his fame among you.  But I have no expectation that he will enjoy it long, for we have no government.  It is entirely suppressed.  Where are your laws!  The seats of your judges are overturned.  When I look upon you all, I hear you laugh at me.  [28]

 

President Jackson to Ben Currey –

September 3, 1834

I have just been advised that Walker has been shot and Ridge and other Chiefs in favor of emigration and you as agent of the United States government threatened with death. The Government of the United States has promised them protection.  It will perform its obligations to the letter.  On the receipt of this, notify John Ross and his council that we will hold them answerable for every murder committed on the emigrating party.  [29]

 

 

 

To John Ridge

Sept 12^th 1834

I have this day received your letter of the 10th inst. by your father, who came over to converse with me on the subject of some reports which have been circulated, concerning a pre concerted plan, said to have originated from himself and friends to have me assassinated, especially the one you mentioned as having been spoken of, that is the hiring of Seewakee to commit the act.  As to the rumors of threats you say have been made against your life thro' the influence of [Thomas] Woodward, I have never before heard of them; you say further that reports have also been taken to you of evil designs against yourself & friends by me.  With the utmost sincerity and truth, I do assure you, that whatever may be the character of those reports, they are false.

Jno Ross  [30]

 

 

 

Cherokee Agent Ben Currey to Georgia Gov. Lumpkin -

November 27, 1834

Sir - I am now at John Ridge's where a council is to be held on the 27 inst in order to organize a party favorably disposed to Cherokee removal.  An election of chiefs in favor of transplanting the tribe will be held . . . and a delegation is to be appointed to go to the city - Washington - to memorialize Congress. . . .

The party about to be organized will require money.  Their expenses will not fall short of three thousand dollars in the contemplated visit . . . They desire me to say that one season more will give them the ascendancy over all opposition, provided they receive a hearty support from the states and Gener'l Government and request that you address the President and Sec. of War urging the importance of having a fund to be frachised through the draft of the Superintendent to carry on the cause successfully which appears to be gaining formidable support.  [31]

 

Gov. Lumpkin to Currey –

December 13, 1834

. . . assure Boundinot, Ridge and their friends of state protection under any circumstances.  I shall feel it my imperative duty to pay due regard to the situation and afford them every security which our laws will justify or authorize. [32]

 

 

 

 

 

Messrs. Major Ridge, Wrinklesides,     

Charles Moore & David Watie 

& others of Cherokee Nation

Washington City

10th March 1833

My Dear & Respected Chiefs,

I have delayed this long in writing to you in the consequence of the hard struggles I had to make against John Ross & his party. At the outset they told Congress that our people had decided that they would choose to be citizens of the U. States [rather] than to remove. We contradicted this & he has failed to get an answer from Congress. From various indications we ascertained that he was going to act falsely to his people & sell the Nation either by getting Reservations of land or taking the whole in money on pretense of going out of the limits of the U. States. We protested against this & we have succeeded to get a treaty made to be sent home for the ratification of the people. It is very liberal in its terms — an equal measure is given to all. The poor Indian enjoys the same rights as the rich – there is no distinction.  We are allowed our own laws in the west. . . .

I am yr. Friend

John Ridge  [33]

 

 

        

 

 

 

Diary of Lieutenant Charles Fenton Mercer Noland

 

17th Nov. [1834]

Set out for Calhoun where I arrived in three hours. This is a small town of no business on the Hiwassee River, and distant from Nashville by the foregoing route 165 miles, roads bad and accommodations poor, from one to three days delay at every change of stages.

11th Jany: [1835]

Weather fair and fine for several days. No Emigration of Cherokees.

Georgia continues to legislate them out of their lands and in fact out of their (esteem?), a righteous Heaven will award a just reward. I can’t but feel for the Indians. The white population is flowing in on them in torrents. Georgia and North Carolina pressing them on one side. Tennessee and Alabama on the other. They must emigrate or perish. Fate has decreed it. I lose no opportunity of impressing upon them, the Majesty of this measure. They, however, appear chained to the land of their forefathers. I cannot blame them for it. Tis natural

27th Jany:

Left Cherokee Agency at 11 oclk for Knoxville, arrived at Athens a 2 Oclk, passed over poor land although thickly settled. Farmers plowing. Frogs singing. Weather quite warm. Left Athens at 1/2 past 4 P.M. enter Sweet Water Valley, a rich district of land, fine farms, well cultivated, reach Mr. Finns at7 P.M., an agreeable country family (28 miles today)

28th Jany:

Eat breakfast & got under way at 1/2 past 8 A.M. Passed through Philadelphia (7 miles) a flourishing little village, crossed the Tennessee River at Blairs Ferry 6 miles, dine at Mr. Lenoirs 6 miles a very fine house. The land in Sweet Water Valley continues good, to the Tenn river, from Tennessee to Mr. Lenoirs the land is very broken. Farmers ploughing weather fine. Lodge at Mr. Coker 14 miles. The country continues broken until when the road intersects the great road leading from Knoxville to Nashville, near Campbells station, here the country becomes fine and continues so to Mr. Cokers.

29th Jany:

Leave Mr. Cokers at 8, roads, country hilly, many of the farms worn out. Arrive at Knoxville at 10 (nine miles). Knoxville contains perhaps 2000 inhabitants, appears to be in a decaying state. No specimens of architecture. Streets in bad condition. Rains at 11 oclk A.M. on the 29th and continues until 2 P.M. on the 30th. From Calhoun to Knoxville 70 miles.  [34]

 

 

 

 

 

TO THE CHEROKEE TRIBE OF INDIANS EAST OF THE MISSISSIPPI RIVER.

Washington, March 16th, 1835.

MY FRIENDS:

. . . I have no motive, my friends, to deceive you. I am sincerely desirous to promote your welfare. Listen to me, therefore, while I tell you that you cannot remain where you now are. Circumstances that cannot be controlled, and which are beyond the reach of human laws, render it impossible that you can flourish in the midst of a civilized community. You have but one remedy within your reach. And that is, to remove to the West and join your countrymen, who are already established there. And the sooner you do this, the sooner you will commence your career of improvement and prosperity.

A number of your brethren, who have been delegated by that portion of your people favorable to emigration, have repaired to this place, in the hope of being able to make some arrangement, which would be acceptable to the government of the United States, and which would meet your approbation. They do not claim the right of making any arrangement which would be binding upon you; but have expressly stated, that whatever they did would be utterly void unless submitted to and approved by you. . . .

The choice now is before you. May the Great Spirit teach you how to choose. The fate of your women and children, the fate of your people, to the remotest generation, depend upon the issue. Deceive yourselves no longer. Do not cherish the belief that you can ever resume your formed political situation, while you contiuue in your present residence. As certain as the sun shines to guide you in your path, so certain is it that you cannot drive back the laws of Georgia from among you. Every year will increase your difficulties. Look at the condition of the Creeks. See the collisions which are taking place with them. See how their young men are committing depredations upon the property of our citizens, and are shedding their blood. This cannot and will not be allowed. Punishment will follow, and all who are engaged in these offences must suffer. Your young men will commit the same acts, and the same consequences must ensue.

Think then of all these things. Shut your ears to bad counsels. Look at your condition as it now is, and then consider what it will be if you follow the advice I give you.

Your friend,
 ANDREW JACKSON.  [35]

 

 

 

To John Ross

Georgia Floyd County 17th March 1835

As Agent for the state of Georgia I have this day put the Legal claimant [Stephen Carter] of Lot of Land No. 244 in the 23 district of the 3rd Section in full and entire possession of the Same of which John Ross was the Indian occupant contrary to the will of the Representative of the said John Ross who had forfeited his right to occupancy under the Existing Laws of this state.

Given under my hand this 17th March 1835

William N. Bishop  [36]

 

 

 

John Ridge to Gov. Wilson Lumpkin –

May 18, 1835

. . . The President has assured me that he will stand by this treaty as the Ultimatum of the Government and no other shall be offered to the Cherokee people.  But, Sir, the Ross party disbelieve it, & this party composed as it is of Halfbreed Nullifiers wish to change it to suit themselves.  They are, by means of falsehoods, in the field, valley, & mountain opposing the ratification of it, as I believe because . . . it is a just and honest one. . . . The object is procrastination to outlive Jackson's administration. . . .

There is a remedy in your power, and it is to organize a guard of thirty men placed under the command of Co. Bishop to scour and range in their fortresses & search in their caves, and to suppress their secret meetings close to all night dances where the leaders of the Ross Party usually meet with them for consultation. . . . As to the accomplishment of the removal of our people there is no doubt.  We are gaining upon the enemy. [37]

 

Boudinot to Gov. Lumpkin -

August 19, 1835

I had occasion sometime since to address you a letter in relation to my house and improvements . . . . On my return from the North I found that Mr. McCoy, who was residing upon the same lot had been removed and . . . Mr. Buchanan . . . had already dispossessed me of my improvements and claims the right of ousting me altogether.  It certainly could not have been the intention of the legislature to prejudice the rights and interests of Cherokees under circumstances similar to mine . . . .  [38]

 

John Ridge to Gov. Lumpkin -

October 1835

A conference is now in session composed of five men of each party . . . to try to compromise and close the treaty but if it can't come to an agreement, the plan is to make a treaty in December. . . . Whatever of protection the U. S. shall promise the friends of the treaty & the Indians who will be moving from the state under it, should not be falsified by the acts of the Georgia citizens . . . . The aggressions of the citizens of Georgia on the enrolled emigrants are increasing which retards our operations very much.  [39]

 

General John E. Wool -

October 11, 1835

I leave this morning for New Echota, where I have a camp of two companies of volunteers, to watch the movements of a council of Cherokees now sitting at that place, and to prevent disturbances that might arise between the parties of Ross and Ridge.  [40]

 

John Ridge –

Fall 1835

The question was, Are you willing to take five millions of dollars for your country?  No, no, was the cry of the people.  Some few of the better informed were placed in a different position to lead the way, and the Indians without knowing the difference between 5,000 and five millions, said No!  They did not understand.  Then the question was put, Are you willing to give full power to these twenty men to do your business?  The answer was, Yes.  They were then dismissed and they scattered that very night. There was no deliberation. . . . A vast majority . . . were of the opinion that they had rejected the propositions of the Government altogether, and had instructed their delegation to make no treaty , and consequently, had saved the land.  This was the result of a manifest equivocation and double dealing with an ignorant people.  None but the committee of negotiators remained and John Ross's council to reject [Schermerhorn's] propositions.  [41]

 

 

 

To George R. Gilmer

Camp Benton November 13, 1835

It is with deep regret, I have to complain to your Excellency that on the night of the 7th inst. at my present residence within the chartered limits of Tennessee, I and a gentleman from New York named Jno Howard Payne were arrested and made prisoners and our papers seized & brought here by the Georgia Guard where we are now prisoners of the State.  For what offense or crime committed we are altogether ignorant.  What motive could have dictated this policy I am equally unaware - as nothing having been alleged against us.  I now apply to your Excy. as the Commander in Chief of the State for a speedy trial should there be any charges against us & if not that we may be liberated and our papers restored.

Jno Ross  [42]

 

 

 

 

To John Ridge

Cherokee Agency Nov. 30th 1835

Dear Sir

Mr Elias Boudinot has resigned his appointment as member of the Cherokee Delegation, and I have consulted with the asst. principal chief on the subject of filling the vacancy.  We have agreed to appoint your father Major Ridge to accompany the delegation to Washington city, as a member; but in the case he should decline to accept, the appointment will be offered agreeable to the understanding between you and myself at Spring Place, to Mr. George Chambers who it is hoped will not decline to accept.

Jno Ross  [43]

 

 

 

Major Ridge –

December 22, 1835

We cannot remain here in safety and comfort.  I know we love the graves of our fathers. . . . We can never forget these homes, I know, but an unbending, iron necessity tells us we must leave them.  I would willingly die to preserve them, but any forcible effort to keep them will cost us our lands, our lives and the lives of our children.  There is but one path of safety, one road to future existence as a Nation.  That path is open before you.  Make a treaty of cession.  Give up these lands and go over beyond the great Father of Waters.  [44]