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31. Removal and Return

In March of 1838, the United States Senate by a vote of 36 to 10 rejected a final plea from John Ross and his delegation to delay removal. President Martin Van Buren appointed Major General Winfield Scott to replace the reluctant General John E. Wool and placed about seven thousand federal and state troops under his command to effect the emigration across the Mississippi River. Only a small band of full-blooded traditionalist continued to resist.

Samuel Tate to Georgia Governor Gilmer –

February 11, 1838

I assure you . . . the Indians could ruin the whole country if they were to try. There should be one company stationed at Coosawatter that is the strongest Indian settlement in this country and some of them are very savage. Another betwixt Canton and Ellijay and another betwixt Ellijay and Valley River. It is the mountain Indians that will do mischief. . . . If it is in your power to send troops here I think it would be advisable. [1]

Evan Jones to John Ross -

Feby 24^th 1838

We have gloomy tidings from the poor Creeks in Arkansas 6000 dead most of starvation. From the bad management of the Commissaries &c. This is awful, and if the Cherokees get into their hands they will fare no better. [2]

MILITARY INTELLIGENCE REPORT ON

N.C. CHEROKEES IN 1838

Memoir

relative to the

Cherokee Nation

within the limits of N. Carolina and its immediate vicinity

W. G. Williams. Capt. U.S. F. Grs.

Febry 1838

Fort Butler. 8th Febry 1838

To. Col. T. T. Hubert, U.S. Top. Engn.

Top. Bureau. Washington

Sir,

Preparatory to a Report based upon the data procured by Instrumental Survey, it occurs to me that you may be pleased to be made acquainted with a few particulars in regard to the country in which we are operating; and which have came to me in the form of memoranda, through the notes of the assistants under me, and my own observation. In conformity with your instructions I shall simultaneously, transmit a copy of this memoir to Col. W. Lindsay commanding in the Cherokee Nation, under whose directions I am now acting.

In a country like this and at a season the most unpropitious for surveying operations, it is natural to suppose many difficulties would be encountered. We have nevertheless effected a great many surveys, which are now about to be plotted, when more exact information will be submitted in regard to the topographical features of the country, and its adaptation to the object proposed.

The surveys which are now in operation will present a mass of valuable information in relation to the topography of the country, and enable such dispositions to be made in reference to troops and munitions of war as will in case of emergency, we hope, contribute greatly to the prompt suppression of the evil.

A complicated mountain region, which may be regarded as the stronghold of the Cherokee Nation in the event of their being disposed to resist or evade the stipulation of the Treaty for their removal lies in the extreme western corner of North Carolina. It is bounded on the East and North by the County of Macon; on the West by Tennessee and on the South by Georgia. The eastern boundary line runs along the Nantayeelee ridge to the mouth of the Nantayeelee Creek on the Little Tennessee River. The Little Tennessee itself then becomes the boundary to where it cuts it way through the Great Iron or Smoky mountain on the one hand, and the Unaika or White mountains on the other. The latter ridge divides Tennessee from North Carolina and forms the western boundary of the district referred to. On the South our reconnoissance extends to the mountain region of the Indian Territory in Georgia. This limit intersects many streams of some note which fall into the Hiwassee river and one (the Nantayeelee) which falls into the Little Tennessee. We have already mentioned the Unaika mountains through which both the Little Tennessee and the Hiwassee rivers appear to force their way and eventually join the main Tennessee river. But there is yet another and very remarkable ridge which on account of its great length has acquired among us the denomination of the Long Ridge. It has its origin in the bed of mountains which rises on the eastern side of the Unaika ridge; thence it continues almost straight to the Nantayeelee river, which it Strikes to about twelve and one fifth miles from its mouth. It then appears to bend almost in a semicircle around the heads of Valley river and stretches away finally to join the Blue ridge in Georgia. This ridge divided the waters of the Little Tennessee from those of the Hiwassee.

There are a number of smaller ridges, but most, if not all, are spurs of the leading ones above mentioned and will be referred to as occasion may require.

The principal streams which empty themselves into the Little Tennessee, on the Cherokee side are the Nantayeelee, the Teloneke or Yellowcreek, the Stekoah, the Tuskegee, and the Cheowah.

The Hiwassee river heads in Georgia, near the Nantayeelee and then runs through North Carolina in a westerly direction through the Unaika mountains into Tennessee. Its tributaries are Brasstown creek, Shooting creek, Tuscuittah, Peachtree, Fire‘s creek, Valley River or Konchete, Hanging dog, Beaverdam, Cane creek, Nottely Persimmon creek and two or three other small creeks.

The Nantayeelee heads in Georgia and runs nearly north to where it adds its waters to those of the Little Tennessee, gathering several streams in its course, among which are Chogees creek and Madwoman creek.

The Tellico river rises in the Iron bed of mountain lying between the Little Tennessee and the Hiwassee rivers and empties into the Little Tennessee a few miles below where that river issues from the mountains.

Previous to enumerating the leading or principal Indian trails or bridle-roads, it will be necessary to indicate a few of the most remarkable points they connect. Fort Lindsay is at the eastern side of the mouth of Nantayeelee. Fort Delaney is on Konchete or Valley river about 16 miles from its mouth. Fort Butler is opposite the mouth of Konchete on the south bank of the Hiwassee and Fort Hembrie is near the south bank of the Hiwassee, 16 miles from Fort Butler.

The great state road from Franklin (Macon Co. N.C.) to Athens, Tennessee,winds up the steep eastern ridge of the Nantayeelee ridge to a great height. It descends then toward the Nantayeelee, crossing Madwoman’s creek, branch of Nantayeelee. Traversing the Nantayeelee, it crosses Chogess creek and gradually ascending to a pass in the Long ridge it then descends again along a very rugged and prescipitous hillside to the beautiful valley of Konchete, following for several miles and often crossing a southern most fork of that river. The wide and open valley of Konchete offers a fine level, in many places more than a mile wide, undulated by low hills towards the mouth of the river; and over this fine tract there passes for about 18 or 19 miles; it then follows the north bank of the Hiwassee for about 3 miles along a good level, but leaving it to the left, more and more, becoming hilly and at length ascends the Unaika mountains, the Tennessee line, crossing successively Hanging dog, Beaverdam, and Cutcane creeks, the total distance from the Nantayeelee ridge to the Tennessee line becomes about 58 miles. Hence it proceeds to Athens in Tennessee. . . .

The mountains are generally clothed with woods for their summits, with but a few exceptions, called bald mountains, but the vallies having been subjected to cultivation, by the Indians from time immemorial, are almost entirely devoid of timber, and where not actually tilled are partially overgrown with oak, coppice. The banks of streams, especially where they take their sources in the mountains, frequently have a skirting of laurel, which in some instances spread out into extensive thickets. The forests are generally very open, that is, the trees are wide apart, and the fires which the Indians continually make to burn the undergrowth or brush, in order to facilitate hunting, remove the obstructons which it could otherwise present to a free passage in all directions. The varieties of trees are those common to the Alleghanies, among which the many kinds of oak predominate. Hickory, walnut, chestnut and gums are common. The pine and hemlock take possession of the more barren rocky and precipitous activities. . . .

The Indians live on scattered communities along the banks of the various rivers and creeks which wind through their territory. The names of these are Briarstown, Econe on Nantayeelee; Wacheestown on Hiwassee, bordering on Tennessee, Ducktown on the Tekoah, which flows into Georgia; Tuskeege Creek; Stekoah town on Stekoah, Buffalo town on Cheowah, 3 towns on Cheowah, Teloolee on Teloolee, or Upper Cheowah; Konchete on Konchete or Valley river, Hanging dog town on Hanging dog creek; Brasstown on Brasstown creek; Tuscuittah town on Tuscuittah creek; Tuskeegee town, head of Tuscuittah, Shooting creek Town on Shooting creek, Noocoochy on Shooting creek; Hanging town on Hyattsville, Nantayeelee. Peachtree (missionary) Nottely Turtletown on Camp creek, Persimmon creek Spikebucktown, near Fort Hembie.

It is not the province of a mere report to enlarge upon the many characteristics of the Indian. Throughout the Continent of North America, these are generally found to be similar. Grave in his intercourse with the whites, and good tempered or sullen according to the treatment he received from them. Cunning and reserved on subjects connected with his own or his people’s affairs. Poor, ignorant of economy of time, or money, cultivating the soil for a base subsistence, they prefer the chase of the deer or deer idleness to more useful employment. Their own language is the only one they willingly employ and even when acquainted with english they appear to speak it with reluctance. In person the Indians differ somewhat, according to the district, in stature, hue and features. The men are generally however well formed, athletic, supple and have a firm upright carriage & elastic step. The difference in hue and features arises probably from their admixture with whites, negroes, Creek Indians & ca. The women, on whom devolved nearly all the labour, are there by inured to hardship and would yield great assistance in time of war. Little more need be said of these people. In peace they are mild, unassuming and seldom or never disposed to resent even an affront offered by a white unless when roused to fury by spirituous liquors. . . .

Under such circumstances the result of our observations is that the great mass of the Indians in this section of country are decidedly hostile to emigration, and what is to be lamented, the hope of remaining is kept alive by false representation to a degree that is truly surprising; for the Indians generally do not contemplate the idea of their departure, and in the full expectation that some adjustment will take place at Washington, many are now building new houses and establishing themselves in the full confidence of remaining. This tendancy is strengthened moreover at this time by the debates of Congress upon the subject of the treaty which is of course communicated to them through the medium of their delegation now at the seat of Government. It is, therefore, to be regretted that these delusions of false hopes will only be dashed to the ground at the very period when it will be necessary to carry out the conditions of the treaty, and it is to be much feared that, referring to general principles of human nature, an irritation of feeling may grow out of their sudden disappointment and incite them to acts of desperation. A short time, the conviction on their mind that they must go and they would gradually accomodate themselves to the idea and be prepared to meet their destiny.

Our sojourn amongst the Indians has convinced us, that at present they have no idea of resistance, and so far as we have been enabled to gather they have made no provisions for such an event. Their conduct towards the whites is marked by the most inoffensive deportment, although an obvious distrust is exhibited in every word they reply to our Interrogations. Indeed the simplest question is met by the same cunning evasion, and appears to be a systemized plan inculcated doubtless by their chiefs, whom they regard as oracles and obey with the most implicit confidence. This makes it exceedingly difficult to obtain such information as we desire, but by observation & conversation with the best informed white residents we have acquired much valuable data in the event to be apprehended.

In regard to the locale of the Indians in the mountain district much may be said in its adaptation to their mode of warfare and for the purposes of concealment. It would appear obvious that if they could provision themselves in these fastnesses of nature; and possessed arms and ammunition, they would be enable to oppose every formidable resistance to any attempt to dislodge them, for it must be considered that they have the range of not merely the mountain region within the territory now occupied by them but that of a very extensive bed of mountains, stretching to the French Broad river in North Carolina, so sparsely inhabited by whites as to offer them a secure and inaccessible shelter from invasion and yet a fertile field for their predatory incursions. A reservation of Cherokee Indians consisting of about one hundred warriors, on the OconeeLufti, a stream putting in on the eastside of the Tuckaseeche, in that portion of the country already vacated by the Indians under a previous treaty, and who have obtained the right of citizenship, if allowed to remain under that claim, might be to them a useful auxiliary in supplying them with provisions &ca. To prevent a disposition of this kind on the part of the Indians, the passage of the L. Tennessee should be well guarded, so as to confine the field of operations of our forces to a small space as possible and thence increase their efficiency. . . .

I am, Sir, with respect

Signed: W. G. Williams Capt. U.S. Top Ensgn [3]

To John Ross

March 16, 1838

Well now - we are thinking - we who are at home and have sent a message to where you are - this message we consider will add to the strength of your exertions. We the great mass of the people think only of the love we have to our land for . . . we do love the land where we were brought up. We will never let our hold to this land go for we say to you that our father who sits in Heaven gave it to us . . . . the land must be contended for - for if we were to let it go it will be like throwing away . . . mother that gave . . . birth for this is the place where . . . we can breathe out the life of . . . existence.

Aitooweyah the Stud

and Knock Down [4]

Commissioner of Indian Affairs C. A. Harris to John Ross –

March 27, 1838

Yesterday the Senate had under consideration the Memorial of the Ross delegation, which by a decision of the majority (36-10) was promptly laid upon the table, every member of the Committee on Indian affairs, except one, voting in the affirmative.

These proceedings leave no room to doubt that the legislative branch of the govmt. concurs with the executive and will sanction him in the purpose to carry the Treaty into full effect.

You will perceive the importance of giving general circulation of these proceedings in forcible language, the unavoidable conclusion that a ready and cheerful acquiescence on their part can alone save them from serious calamities. [5]

Lewis Ross to John Ross –

April 20, 1838

Our whole country is full of troops and fortifications and should it be determined by the govmt. to remove the Cherokees by force under the fraudulent Treaty by the kind of Soldiers which are among us I fear that serious trouble will arise. It would be too much to expect of human nature to suppose that they would submit peaceably to wrongs and abuses that we may expect would take place in the execution of such a thing. [6]

Major General Scott, of the United States Army, sends to the Cherokee people, remaining in North Carolina, Georgia, Tennessee, and Alabama, this

ADDRESS

Cherokees! The President of the United States has sent me with a powerful army, to cause you, in obedience to the Treaty of 1835, to join that part of your people who are already established in prosperity, on the other side of the Mississippi. . . .

Chiefs, head-men and Warriors! Will you then, by resistance, compel us to resort to arms? God forbid! Or will you, seek to hide yourselves in mountains and forest, and thus oblige us to hunt you down? Remember that, in pursuit, it may be impossible to avoid conflicts. The blood of the white man, or the blood of the red man, may be spilt, and if spilt, however accidentally, it may be impossible for the discreet and humane among you, or among us to prevent a general war and carnage. I am an old warrior, and have been present at many a scene of slaughter; but spare me, I beseech you, the horror of witnessing the destruction of the Cherokees.

Do not, I invite you, even wait for the close approach of the troops; but make such preparations for emigration as you can, and hasten to this place, to Ross's Landing, or to Gunter's Landing, where you will be received in kindness by officers selected for the purpose. You will find food for all, and clothing for the destitute, at either of those places, and thence at your ease, and in comfort, be transported to your new homes to the terms of the Treaty.

Winfield Scott

Cherokee Agency

May 10, 1838 [7]

General Scott's Orders to His Troops

May 17, 1838

The Cherokees, by the advances they have made in Christianity and civilization, are by far the most interesting tribe of Indians in the territorial limits of the United States. Of the 15,000 of those people who are now to be removed -(and the time within which a voluntary emigration was stipulated, will expire the 23rd instant -) it is understood that about four fifths are opposed, or have become adverse to distant emigration; and . . . the troops will probably be obliged to cover the whole country they inhabit, in order to make prisoners and to march or to transport prisoners, by families, either to this place, to Ross's Landing or Gunter's Landing, where they are to be delivered over to the Superintendent of Cherokee Emigration.

Considering the number and temper of the mass to be removed . . . it will readily occur, that simple indiscretions - acts of harshness and cruelty, on the part of the troops, may lead . . . in the end, to a general war and carnage - a result, in the case of those particular Indians, utterly abhorrent to the generous sympathies of the whole American people. Every possible kindness . . . must, therefore, be shown by the troops, and, if, in the ranks, a despicable individual should be found, capable of inflicting a wanton injury or insult on any Cherokee man, woman or child, it is hereby made the special duty of the nearest good officer or man, instantly to interpose, and to seize and consign the guilty wrench to the severest penalty of the laws. [8]

To a Physician

Dear Sir

Cherokee Agency August 7th 1838

The removal of the Cherokee Nation has been turned over to the Cherokee authorities by Major Genl. Scott, consequently the control and management of the same.

Arrangements have been made between Major Genl. Scott on the part of the U S and the constituted authorities of this Nation, for the removal of the Cherokees - by which the entire control and management of this business will be conducted under the superintendency of the Nation. The emigration is to commence on or before the 1st of next month, and to be completed as speedily as practicable.

Esqr. John McGhee has intimated to me the possibility of your willingness to afford your Medical Services to the Cherokees on this Emigration - and I have only to add should this be the case that it would give me pleasure to confer the appointment on one so worthy the confidence of the Cherokees as yourself. May I not therefore be permitted to request you to signify to me without delay, your inclination on this subject. There is much sickness in the camps, and a speedy change in the Medical Department is much desired and must be made. I am Dr. Sir, very respectfully yr. obt. Servt.

Jno Ross [9]

The Diary of Lt. John Phelps

Sunday 27 May 1838

Yesterday we marched thro’ Clarksville, and to day we have followed the valley of the Chattehoochie, crossing the river twenty or thirty times. At one time, in order to avoid fording the stream, the troops wound along the side of the hill that rose almost perpendicularly. The music played “such getting up stairs I never did see,” and Bonaparte crossing the Alps. We are now encamped on the descent of the ridge that divides the sources of the Chattahoochie and Tennessee Rivers, on one of the tributaries of the latter, the Highwasse.

There is a large quantity of mica in the soil over which we have passed for the three last days. To the summit of the mountains which we ascended to day, the red earth remains the same, tho’ it does not appear because the land has not been cleared. We encamped yesterday evening near the court house of Habersham County. It is a log building — chimney of the same material — the interstices filled with earth, and the interior presenting a broken floor, one very uneven table and one long bench.

Tuesday May 29th 1838

Passed several Cherokees. They were neatly dressed in our costume and looked very respectable. The white inhabitants whom I have asked concerning them, give them good characters as neighbors. It is said that they affect to believe that the troops are sent here by Ross in order to protect them against speculators. We passed Fort Hembree and encamped about five o’clock on Hiawasse River near fort Butler. The mountain on the right bank of the stream just opposite us consists chiefly of a rock, apparently schist, which dips to the east with an inclination of about sixty degrees. The mountain runs parallel to the river, east and west, and declines gradually towards the west. Valley River and the Hiewasse join not far from here, and form the Tennessee.

The nights are uncomfortably cold. In Florida Blackberries were ripe; in southern Georgia they were red; in northern Georgia green, and here the bushes are just in bloom.

Friday June 1st 1838

Genl Scott has published an Address to Cherokees, printed in a manner proper for circulation among them.

Tuesday June 5th 1838

Capt. Monroe arrived to day with two companies of the 4th so that all the companies of the regiment are now together, the first time since its organization. An order published on parade this evening suspending operations till the 12th inst, and assigning as a cause, that the Cherokees might be allowed more time in order to make up their minds to voluntary emigration, but Genl Scott, I think, would not delay his moves on so slight a pretext as this.

Wednesday June 6th 1838

It is almost cold enough for the same date in January. It is however a beautiful evening; a solitary cloud of vapor hangs over the Hiewasse; the mountains that hem us in seem holding converse with the moon, and the encampment with its baggage train give a romantic appearance to the scene.

Friday June 8th1838

I read to day an article in the National Intelligencer by some one who brings forward documentary evidence, principally letters between himself, Governmental agents and the Secretary of War (Mr. Cass), to shew the dishonesty of the Rev. Mr. Schermerhorn in concluding a treaty with a very small minority of the Cherokees, under the pretence that it was the general wish of the Nation. And this treaty which we are now here to see fulfilled, has been ever most strenuously dissented from by more than four fifths of the people whose wishes it is supposed to represent, by a people who, for fear that they might compromit themselves, have refused to receive rations from the government, while they lived for weeks upon roots and bark and sap of trees. Would one believe that the Senate, that concentration of the wisdom, justice etc of his country, could lend themselves to the villainous schemes of a misbehaved priest?

Sunday June 10th 1838

Thunder clouds appeared in the morning — looking as red and angry as they usually do on a summer’s afternoon. They soon commenced operations, which they have continued all day, sometimes attracting our attention by explosions, which would crack as tho’ the thunderbolts had been snapt in twain. They have surceased gradually with the decline of sun, by which, at his departure, they were tinged with crimson. A very quiet storm; for a mountain one, certainly conducted with great moderation.

Monday June 11th 1838

Genl Scott is now at the Fort. His address to the Cherokees has apparently produced a good effect, since a great many almost all that lived in Georgia, have delivered themselves for emigration.

There are many cases of diarrhea among our men.

Thursday 21st June 1838

On the 12th inst the Regiment with the exception of one company left camp under the command of Col. Fanning, and marched out among the mountains five or six miles to the east. Some of the Indians were already coming in, and being informed that many of them were collecting at a place of worship of theirs, seven companies of us marched thither and bivouacked. By night fall about a hundred had assembled, and when the camp was hushed they held a prayer meeting. They are of the Baptist persuasion. One of them opened his prayer by saying that it was probably the last time that they should ever meet at their wonted place of worship; but he exhorted them and prayed that they might not be led astray in the western wilderness. The twilight was gleaming faintly upon the old hills about them, where they had strayed when young, and formed their earliest and dearest associations; they had left their homes, their neat gardens and fields, their stock and poultry, as tho’ they were going to church, and even thus were they to set out upon their journey for the land from which they expected nothing but sickness and death. Some of their people as well as whites had returned from that country, and told them that it was very unhealthy. But they must leave their solubrious hills and go to it, tho’ they had never given their consent; they had been belied by one who professed to teach the religious whose rites they were celebrating. The Occasion was deeply affecting, and Indians tho’ they were, the congregation were all in tears. They sung some appropriate hymns and then retired. As the ceremonies were conducted in Cherokee I was obliged to rely upon an interpreter for what little information I could get concerning their import. It was with much difficulty that he could express the substance of the prayers, tho’ he said that they made one feel quite smart, by which I was pleased to understand that they were thrilling even to him. The next day several whites came about in order to get claims on their property. The manner in which they had been cheated was various and the cases were numerous. For instance, a white would purchase their improvements, get a deed signed by creditable witnesses, pay a dollar or two down, and promise to pay the remainder when they started for the west. This would be the last of it. But in general their property was wrested from them with less ceremony than this. It was in vain that we told them not to trust to the whites, that the government would fairly compensate them for every thing that they abandoned; they preferred to make sure of one tenth even of the value of their property than to rely upon the promises of the government which had cheated them more cruelly than the individuals who were prowling among them.

Saturday June 23rd 1838

Three companies of the regiment are and now absent, on their way to Calhoun with Indians. Lieut. Pickell went out to Valley River and he thinks that he discovered the shafts sunk by De Soto in search of Gold. They were excavations about twenty feet deep, and had the appearance of having been made a long time ago

Friday July 6th 1838

Being officer of the Day I was ordered to release some Cherokees, citizens of North Carolina who had been brought in thro’ mistake. A connexion of theirs, a white man came after them. Their names were Noskiski, Oilioi, Arlé and Susannah. There were two children among them. Some of them were relatives of Junuluski on whose behalf he as well as the white men urged me to make some recommendations to the Genl. Junuluski said that he had acted a conspicuous part in the old Creek war especially in the battle of the Horseshoe, and he did not know what he had done that the whites should wish to get rid of him. He said that Jackson told him if he would fight good he would give him a mile square of land; but he would forego the land if they would allow him to remain. The female part of his family were in tears at separating with their kinsfolk. [10]

Niles' National Register

August 18, 1838

The scenes of distress exhibited at Ross's Landing defy all description. On the arrival there of the Indians, the horses brought by some of them were demanded by the commissioners of Indian property . . . for the purpose of being sold. The owners refused to give them up, -men, women, children and horses were driven permiscuously into one large pen, and the horses taken out by force, and cried off to the highest bidder, and sold for almost nothing. [11]

2d Lt. A. J. SMITH TO 1st LT. C. H. LARNED

NOVEMBER 5, 1838

FORT CASS, (TENN) NOV. 5, 1838.

Lieut. Larned-SIR: Agreeable to your instructions, dated Fort Butler, September17, I repaired immediately to Oconeelufty, North Carolina, for the purpose of collecting all the Indians in the neighborhood belonging to the nation. After two weeks unsuccessful search at Olufty, I started to South Carolina in pursuit of a large number of Indians that had been reported to me to be in the vicinity of Pickens. I found a camp of sixteen, and brought them to Oconeelufty. On my return to the place, I found orders for us to return home as soon as practicable. On our way down the Little Tennessee river, I heard of a party of Indians within a few miles of us, and thinking it my duty to collect them if possible, I proceeded, in company with Mr. Thomas and three men, to their camps, sending the other party on down the river in charge of a sergeant and eight men. I found but eight at their camp, but, understanding that there were twenty belonging to the company, I concluded to stay with them until next morning, hoping they would all come in. I was, however, obliged to start with only twelve of the company. This day I expected to overtake the other command, but was forced to stop at James Welch’s. There I found an express with a repetition of your previous orders. From thence I made my way, with all possible speed, down the river, ordering, by express, a portion of the men of the first command to join me immediately. On the evening of the 1st, I discovered an unwillingness among the Indians to travel, and, in order to make greater speed, I put some of the children on horses; but it was with great difficulty I could then get them along. I suspected all was not right, and frequently cautioned the men to be on guard. Shortly after sunset I discovered a long dirk knife in the possession of one of our Indians, and ordered it to be immediately taken from him. He turned it over without any hesitation; and we had proceeded but a short distance before I spied an axe, which I also ordered to be taken from them, But, I am sorry to say, too late, for I had scarcely finished the order, before I saw the axe buried in the forehead of one of our men. This being the signal for attack, the others fell immediately to work, and in less than one minute they killed two, wounded a third, and commenced searching them, and carrying off every article they could lay their hands on. I fortunately excaped unhurt, and owe my life in a measure to the spirit and activity of my horse.

A. J. SMITH,

Second Lieutenant First Dragoons [12]

GENERAL W. SCOTT TO WAR DEPARTMENT

November 6, 1838

The 3d artillery is now half way to Augusta, in march for Florida, and the only remaining troops with me, the 4th infantry, would have followed (yesterday) the route of the emigrants, (in order to relieve the 7th, on the Arkansas, that it, also, might proceed to Florida,) but for the most unexpected necessity that has occurred of hunting down and punishing the murderers of our men. The disposable force of the 4^th infantry is accordingly already in march for the mountains of North Carolina, and I am endeavoring to raise in this neighborhood a company of forty mounted volunteers for the same service. Col. Foster will command the expedition.

It may be seen by my reports of the last three or four months that the troops were ordered from North Carolina to the Canada frontier, July 21st, on the assurance of Brigadier General Eustis, their immediate commander, that all the Indians in that quarter had been collected and sent in to the agency for emigration that it was, in a few weeks, discovered that perhaps 300 had escaped the known vigilance of himself and officers, by retiring to distant hiding places in the same range of mountains, beyond the limits of the late Cherokee country; which number was, in the months of July and August, augmented by forty or fifty, who stole away singly from the principal emigrating depot; that early in August I sent Lieutenant Scott, with a detachment of mounted men and Indian runners, furnished by the Cherokee authorities, into those mountains, who succeeded, by the aid of those runners, in bringing to the agency about 80 of the fugitives; that on the 12th of September I dispatched Lieutenants Larned, Johnson, and Smith, with a larger detachment of mounted men, and a double set of Indian runners, furnished as before, and that Lieutenant Larned, leaving Lieutenant Smith to follow him closely, sent in, by Lieutenant Johnson, and brought himself, together about 60 prisoners, all of whom were captured, not one having yielded to invitation or persuasion on the part of the runners. Lieutenant Larned estimates the remaining Indians in that region (subject to emigration - that it, excluding those who have acquired the right to remain on the Oconeelufty, Haywood county, under the laws of North Carolina.) at about 200 souls, including 40 warriors. Five of the latter were the prisoners of Lieutenant Smith, and who murdered two of his men and wounded a third. Indeed, he had no others with him at the moment, the rest of his party being on the return from a search for Indians, and only half a mile off when the prisoners made the attack.

That this act of hostility was wholly unprovoked by an unkindness, is evident from the fact that the two men killed had dismounted and lent their horses to the murderers to ride, who pretended to be lame or fatigued.

The country to be searched by Colonel Foster is very extensive, and, in the greater part, extremely difficult to traverse, both for horse and foot. It abounds in deer, wild beef cattle, and hogs. I suppose that the expedition may be out about four weeks, which, I regret, will delay so much the longer the movement of the 7th infantry towards Florida.

The instructions which I shall give the expedition, (which has commenced its march,) will have nothing in them of a vindictive character, except as regards the murderers, and I shall change my former orders so far as to permit the troops to fire on any warrior who flies.

The Indians to be pursued are mere outlaws. They have obstinately separated themselves from their tribe and refused all Obedience to the orders and entreaties of its chiefs. Nevertheless, they shall again be summoned to deliver themselves up, with a promise of kind treatment to all except the murderers. Every Cherokee in this neighborhood who has heard of the recent outrage has expressed the utmost indignation and regret, and it would be very easy to obtain from the emigrants on the road any number of warriors to march with the troops against the outlaws. I shall, however, only accept of the services of a few runners, to bear invitations of kindness, deeming it against the honor of the United States to employ, in hostilities, one part of the tribe against another.

Colonel Foster will also have the aid, as runners, guides, and interpreters, of some of Mr. Thomas’s Oconeelufty Indians, as well as the personal services of Mr. Thomas himself, who takes a lively interest in the success of his expedition.

Besides punishing the murders and capturing the other fugitives, the expedition has another important object, vis. to prevent those Indians who, unprovoked, have commenced hostilities, from murdering the white families thinly scattered over that mountain region. [13]

GEN. W. SCOTT TO COLONEL W. S. FOSTER, NOV. 7, 1838

Head Quarters Eastern Division

Athens, TN Nov. 1838

Sir:

You are aware that, within a week on the Little Tennessee in the mountains of North Carolina, a party of the Cherokee prisoners rose upon the guard commanded by Lieutenant Smith and killed two of his men, and wounding a third.

The individuals guilty of this unprovoked outrage must be shot down and there is another object demanding equal and immediate attention.

Vis The protection of the white families, residing in that region. Who are doubtless much alarmed (and may be in great danger) at the most unexpected spirit of hostility evidenced by the fugitive Indians about them by the Murders in question.

A third object to be effected which, although important is less so than the two foregoning is to collect all or as many as practible of the fugitives (other than the murderers) for emigration.

To accomplish the three objects inumerated. You will continue your march with the disposable parts of the Regiments under your command to the district of County designated. The haunts of the outlying Cherokees who having disregarded the lament and often repeated orders and entreaties both of the U. States authorities and those of their own tribes can now only be considered as so many outlaws. Nevertheless, the Indian runners with you and others whom you are at liberty to employ. You will summon, (if you think it useful or necessary) the fugitives to come in and after or before summons fire upon any warrior who may disobey you or run from the troops under your command.

As you will probably be obliged to make many detachments at the same time to scour a wide district of the country. I shall augment your force for that purpose send over to you, a company of mounted Tennessee volunteers consisting of one captain (Robinson) one first and one second Lieutenants, three sergeants, three corporals and probably forty privates, which will be mustered into the services of the U. States for one month unless sooner discarged and which I shall cause to be armed with U. States Rifles at Fort Cass. At the end of the expedition or its time of service (or sooner if you think proper). You will cause this company to be duly mustered out. Making the proper disposition of its arms and the Muster Rolls.

Should you on arriving in the Mountains deem a company of Foot Rangers necessary or highly useful, you may take one in the Service of U. States of a like composition and for a similar term as in the case of the Mounted Company.

The Oconeelufty Indians in Haywood County in North Carolina are not to be considered fugitives or to be interupted if they continue as heretofore peacible and orderly.

I have conversed so fully with you on the subject of the expedition. Your operations are already so well made and above all, I have such entire confidence in your abilities, zeal and discretion, that further instructions are deemed unnecessary. I will therefore only add that when you shall have done enough to satisfy National honor in respect to the murders and murderers mentioned - or all, in the matter within your means and shall have assured yourself of the safety of our citizens in the region to be secured bringing away for emigration to the west as many of the fugitive Indians (other than the murderers) as practible. You will return to the agency and take hence the route to Arkansas from which the present expedition has for a time, diverted the regiments under your command.

It is probable that I may in four or five days follow the route of the emigrants on the road as far as Golconda on the Ohio. Stopping a week at Nashville, to this place you will report every thing interesting to me, until further instruction sending the reports by express to the Knoxville post office. Of each report, you will send a duplicate open under a sealed cover addressed to the Adjutants General for the more early information of the War department.

On your return to the agency if not before, you will receive further instruction from me.

Wishing you prompt success in your expedition.

I remain with great respect

your ob.t. servt.

Winfield Scott

Col. W. S. Foster

Comg. U.S. 4th Infr. [14]

Head Quarters

Camp Scott Near

Joe Welch 15th Nov. 1838

On Little Tennessee

To:

Maj. Gen. Winfield Scott

Comg. Eastern Division

Athens, Tenn.

Sir:

Learning by Captain Anderson’s letter of the 10th instant that you were still at Athens. I wrote hoping my letter may reach you there, if not, it will be mailed for Nashville. I shall nevertheless address you verry early through the post office at Knoxville.

On the evening of the 12th instant the regiments halted at this place. One hundred miles from the agency. Lieutenant Larned with his mounted company left here that morning for the “Oconeelufty” River in pursuit of Old Charley and his sons. Mr. Thomas was with him. Captain McCall with Company C and two Indians for guides left yesterday for the mouth of the deep creek due east 18 miles from my camp. He was ordered to examine it to its source in The Caurel Mountains. This creek rises directly north from its mouth - for its source. 12 miles from its mouth, the captain turns east and his movements will combine with Lieut. Larned’s as the latter will turn west when he has thoroughly examined the Oconeelufty River and all its branches. Captain Morris with Company “H” is also on detached service and will examine the country bordering on the Tennessee River and its branch the Nautaglee River and the creeks entering into both streams and which are not laid down up on the maps.

Lts. Prince and Graham with companies D and K have just returned from detached service, without having completed their routes being unable to proceed in consequence of the darkness created by the rain and fog which in these mountains turns day into night. These companies will again march in the morning.

Without troubling you with petty details, I will remark that these five detachments combined with a sixth and seventh under Sergeants all directed by competent guides will make a perfect examination of a circle of thirty five miles around “Joe Welch’s”. The place of my present encampment embracing the Little Tennessee, “Tuckasege” and “Nontutagalee” Rivers, and the numerous creeks which enter into them from all directions.

I shall be able to accomplish two of the three objects with which I am charged in your instructions. I do not doubt to your full satisfaction. One is already effective over a space of fifty miles of this Mountain Country. Thinly settled by a poor and ignorant population. I mean the pacification and protection of these people who will long regard the presence of the Troops at this crisis as a great blessing. The third object with which I am charged, the collection of the outlying Indians in these mountains (other than the murderers) will be easily effected in as much as they, are few in number and are starving. I have five, four men and one woman. The men are out with my attachments.

A fourth object of my duty to satisfy the National Honor as relates to this whole affair shall be fully attended to so far forth as is in my power particularly as regards the murders and the murderers.

The first object of my instruction, the capture and punishment of the murderers of the two soldiers. The 4th infantry is from the smallness. Their numbers and the nature of the country yet doubtful, although to use the language of another, there are “men upon their trail”. Citizens, soldiers and Indians are in pursuit, and these mountains can never again be a place of refuge to them. Old Charley and his sons John and Nantaghalee Jake are supposed to have separated from the two others Nantaylee George and Lowen.

I am confident General, that the report of Gen. Eustis was substantially true as regards the Indians in the Mountains of North Carolina. While our subsequent information is as certainly erroneous. I do not believe there are a hundred souls in this country. I shall be more particular on this point hereafter.

I have not as yet been able to hear of a single stragler from any of the parties in movement for the west.

I send the communication to you at Athens in the morning. To guard against you having left that place however. I shall send a duplicate with my next to Nashville via Knoxville.

I am sir

With High Respect

Your OBT Servt

Win. S. Foster, Col.

U.S. Army [15]

Head Quarter 4th Infantry

on little Tennessee Camp Scott

Near Joe Welsh’s house

November 19th 1838

To:

Major Genl. Winfield Scott

Comdg. E. Division U.S.A.

Nashville, Tenn.

Sir

I have the honor to report that I have captured (through the exertions of Mr. Thomas, the Oconeelufty Indians and Euchellas’ band headed by himself) two of the murderers of the Soldiers of the Fourth Infantry.

The prisoners (Murderers) are Nantayalee Jake the oldest son of Charly and the Indian called Nantayalee, or Big George. These two men were the principle actors in the murders. I have also as prisoners, Old Charleys’ wife, The wife of George and a little Girl the daughter of George.

Euchellas’ band, the Oconulufty Indians, about Forty in all, together with the Mounted Company of the Fourth Regiments of Infantry are in close pursuit of the remaining murderers.

These are still out, but one of whom (Lowen) only was active in the murders. I have reason to believe, I can close my trip into the mountains effectually within a few days. The weather is extremely bad. I am Sir, with high Respect

Your obt. Servt.

Win. S. Foster Col.

U. S. Army [16]

Head Quarters 4th Infantry

Camp Scott on Little Tenn River

North Carolina Nov. 24th 1838

General

I consider my mission into the mountains of North Carolina, as ended of the twelve individuals (prisoners) in the power of Lieutenant Smith a third, and violently assaulted him, with intent to kill, —

I have captured eleven of the five males three were punished yesterday evening by the Cherokee themselves, in the presence of the 4th Regiment of Infantry, one from his extreme youth, I have with me, as well as all the females of the party.

All the objects of your instructions have been fully complied with. The emigration of the outlying Indians along excepted, and this General are verry few in number, and they principally consist of Echella’s band. This, band and their chief from the first have behaved nobly, himself, his brothers, & Wahchee sha and brother are the only men of this band, in all about forty strong. I have given them in writing my permission (in consequence of their friendship in defaticable, & untiring industry, in the late pursuit apprehension and punishment of the murderers), to remain in this country so long as they conduct themselves as peacible citizens of North Carolina subject to the final decision of the government.

I, march tomorrow for Fort Cass, upon my arrival at which place I shall give you a detailed report of all my proceedings in the country. To remain here longer, I consider as wholly unnecessary. I hear nothing of the fugitives of outlying Indians (except Euchellas band) I do not believe there are sixty souls in the whole country perhaps fifteen or twenty grown men, poor, sickly, naked, and destitute. Entirely harmless, and wholly inoffensive and even useful to this sparsely settled country, these sixty souls might no doubt be collected in the next two months.

I have in my possession the petition of almost all the inhabitants of this vicinity that these poor wretches might for the present be permitted to remain in the country, they themselves undertaking to keep them in good order. This document I will transmit you with my final report.

I am Sir with high Respect

Your obt. Sevt.

Win. S. Foster, Col. U.S.A. [17]

WILLIAM H. THOMAS TO MATTHEW RUSSELL

NOV. 25, 1838

Governors Island

25th Nov. 1838

Dear Sir.

I received your letter per Mr. Roberson - I regret I have been delayed so long. The cause of which I suppose you have been informed of. Gen. Scott employed me to assist in taking the Indians who committed the late murding. Four of the murderers were taken and delivered over. Three of whom have since been shot by the Nantihala Indians, the remaining one Charley was brought in yesterday by some of the Indians lying out on Nantihala by them tried and shot near - The Big Bears reserve on Tuckasega. I shall start tomorrow to Calhoun to close my business with the Q Master before he leaves for the west - will return past Fort Delaney - at which time we can arrange all our business, and I hope to your satisfaction as well as mine.

Matthew Russel Esqr.

Very respectfully

Yours Obt. svt.

Wm. H. Thomas [18]

CAPT. JOHN PAGE TO H. CRAWFORD, DEC. 4, 1838

Calhoun

Tenn. 4th December 1838

Sir

I have the honor to report the arrival of the Troops from the mountains; they having captured the five murderers, four of which, were Executed, and the fifth was pardoned. The Lufty Indians, that reside in North Carolina rendered great assistance in finding them. After the murderers were caught, they were tied to trees, the Troops drawn up, and the Lufty Indians shot them. The families of the murderers (nine in number), were brought to this place and will go to the west accompanied by the Troops as prisoners.- I shall endeavor to start the water party this day, John Ross [Chief of the Cherokee Nation] has reported his boat ready. - The Troops will all leave this nation in a few days, I shall close up my account for the 4th quarter soon as possible.

With Respect I have the

honor to be Your most obt Servt

To Hartley Crawford Esqr John Page

Comr of Indian Affairs. Capt & Pn’l Disbu’g Agent

Washington City Cherokee Removal

D.C. [19]