USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. III > Part 49
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George Guess, mentioned in the above treaty, was a half-breed Cherokee, uneducated, who at the age of fourteen was a silver- smith. He noted that the white people talked to each other by means of signs on paper and conceived the idea of inventing a similar system for the Indians. The result of his long labors and studies was the Cherokee alphabet of eighty-six characters, which is in use at this day. This man became a member of the national council of the Cherokees and held other positions of trust. He died on a journey to Mexico where he had gone in an endeavor to bring back members of the tribe who had wandered into that country.
The final treaty was negotiated with the Cherokees remaining in the East was concluded at New Echota, state of Georgia, on the 29th of December, 1835, Gen. Wm. Carroll and Rev. John F. Schermerhorn acting as the commissioners for the United States and John Ross and nineteen other chiefs and headmen for the Cherokee nation. By this treaty they gave up lands larger in area than Massachusetts, Rhode Island and Connecticut and received in exchange five million dollars in cash and seven million acres of land in the Western territory.
This treaty was very unpopular with the majority of the mem- bers of the nation and was repudiated in their councils, many of them refusing all aid of any character from the government. In 1838 General Scott was sent to compel them, by force if necessary, to abide by the terms of the treaty. His proclamation had the desired effect and the long journey to the new lands in the West
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was finally accomplished, although it required one year for the caravan to make the trip, the travelers suffering severely from cold and exposure.
For centuries the Seminoles had erected their wigwams in the everglades of Florida, and although a treaty was made with them at Payne's Landing, Ocklewaha, Fla., on May 9, 1832, by which the agreed to exchange their swamps for the fertile lands of the Indian territory, receiving a bounty of fifteen thousand four hun- dred dollars and a blanket and a homespun frock for each warrior, woman and child, a few hundred warriors however refused to leave Florida and waged a relentless war against the United States. During this war, which lasted from 1835 to 1842, the government expended thirty-two million dollars and several hun- dred brave soldiers were sacrificed-so secure were the handful of Indian braves in the recesses of the swamps and everglades. Coo-coo-chee or Wild Cat, one of their Indian chiefs at this time, gives his view of the white man's policy :
"I was once a boy. Then I saw the white man afar off. I hunted in these woods, first with a bow and arrow and then with a rifle. I saw the white man, and was told he was my enemy. I could not shoot him as I would a wolf or a bear. Yet like those he came upon me. Horses, cattle and fields he took from me. He said he was my friend. He abused our women and children and told us to go from the land. Still he gave us his hand in friend- ship. We took it. Whilst taking it he had a snake in the other. Ilis tongue was forked. Hle hed, and stung us. I asked for a small piece of these lands-enough to plant and live upon-far south, a spot where I could lay the ashes of my kindred, and even this has not been granted me. I feel the irons in my heart !"'
The secretary of war, in 1829, estimated the number of Indians in the five Southern tribes as follows: Creeks 20,000, Cherokees 12,000, Choctaws 20,000, Chickasaws 3,600, and Seminoles 4,500. The number of acres claimed by these tribes and which they after- wards surrendered in the states of North Carolina, Georgia, Ten- nessee, Alabama and Mississippi was reported to be 33,573,176.
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CHAPTER II
Indian Policy and Status
T HE real history of the Indian territory begins with the settle- ment of the Indians in their new lands, patented to them. and their posterity by the United States. The patent of the Cherokee nation to the lands granted them was dated Decem- ber 31, 1838; the Choctaws received their patent March 23, 1842, and the Creeks obtained their patent August 11, 1852. These three patents embraced all the lands in the present Indian and Oklahoma territories, and part of Kansas, with the exception of the northeast corner of Indian territory, which was claimed by the Senecas. The lands allotted to the Seminoles were obtained by the government from the Creeks.
The five civilized tribes settled in the eastern part of their new domain. The western half of the territory was called the "West- crn outlet" and became the scene of stirring events in later days, prior to, and subsequent to its being thrown open to settlement. In the forties this "no man's land" was the hunting ground of the wild Western tribes,, such as the Arapahoes, Comanches, Nez Perces, and others. Clashes between Western fortune seekers and these Indians were frequent and the strong arm of the military was often called upon to disperse some roving band of redskins who had gone on the war path. For some years Fort Gibson was the Southern outpost. Later Forts Reno, Sill and Arbuckle were established further west in what is now. Oklahoma.
The Cherokees were located in the northern and castern section of the Indian territory, the Osages being assigned lands on their western border. The Creeks occupied the middle lands and the Choctaws and Chickasaws were domiciled in the southern section. The new Indian country became a haven for many other tribes,
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who were being ousted from their original homes, and eventually over twenty tribes were removed to the Indian territory from adjacent and remote parts of the country. Among these tribes may be mentioned the Arapahoes, Cheyennes, Comanches, Kaws, Kiowas, Modocs, Miamis, Osages, Ottawas, Pawnees, Peorias, Poncas, Nez Perces, Pottawatomies, Quapaws, Sacs, Foxes, Sene- cas, Shawanese, Wichitas and Wyandottes. The greater number of these tribes, the members of which were few in number, were incorporated into the governments of the five civilized tribes. The Comanches, Kiowas, Arapahoes, Cheyennes, Osages and same of the smaller tribes, however, preserved their old tribal organiza- tions, costumes, and diversions. Most of them settled in the western part of the territory.
Here in the very heart of the continent, over all of which their forefathers were masters, the few remaining thousands of Ameri- can Indians built their cabins and planted their corn and cotton, their lands free for a time at least from the covetousness of the white men. At first they loved not their country, but they soon learned to appreciate its fertility of soil and mildness of climate. The wooded hills, grassy uplands, rushing creeks and rivers, virgin forests and illimitable prairies appealed to the Indian's love of nature, and althoughi originally a race of wanderers they became content to live and die within the boundaries of the land of their forced adoption.
In studying the history of the five civilized tribes, the fact must be taken into consideration that they were three-fourths civilized when they were removed to the Western country, due to their fong residence in the last among the whites, with whom they had inter- married to a considerable extent. They had abolished the blanket, top feathers, ornaments, ear-rings, beads and paint, that character- ized the savage, for the garb of civilization, and when they accepted the clothes, they also accepted the religion and customs of their white brothers, and endeavored to emulate them in learn- ing and the science of government.
The influence of the half-breed and "squaw men" upon the development of the Indians has tended to overcome their racial prejudices and enable them to keep step with the rest of the coun- try in the march of progress. This influence, however, has not always told for good. As was true in other frontier sections a lawless element thronged to the borderland of the Indian territory, taking advantage of the credulity of the Indians to seek an alliance with them for their own aggrandizement. The Chickasaws and
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Crecks, situated as they were on the Texan and Western borders, came more often in contact with this disturbing element.
'The laws prevented the whites from owning land or settling in the Indian territory unless they were citizens of one of the Indian nations. If a white man chose an Indian bride he was given all the privileges of citizenship in the nation to which his wife belonged, such as the right to vote, hold office and own property. No titles in fee simple were given to land, which was held in com- mon possession, and occupation only being necessary to guarantee proprietorship. For a number of years the licensed traders, mis- sionaries and government agents, were the only white persons residing in the territory. Squatters invaded the country only to be ejected by the United States authorities. It was impossible to stem the tide forever, however, and the whites managed to get in finally in considerable numbers.
At one time one of the Indian nations passed a law expelling forthwith every white bachelor found in the nation. The result was an epidemic of marriages, the brides being Indian girls, Marriage licenses were raised to fifty dollars and one hundred dollars but the number of "squaw men" increased. In addition to the advantages to be derived by a marriage with an Indian maiden, many of them were not lacking in beauty and womanly graces.
The half-breeds built up the towns, while the full-bloods con- tinned to be the agriculturalists of the territory. The former were destined to lead in the political affairs of the nations, but the full-bloods were by no means content to stay in the background and kept an active hold on the administration of the government. Today but few full-bloods are to be found in the whole territory, and in a few years the Indian as a distinctive type will cease to exist even in the Indian territory.
Party feuds rent asunder the Cherokees for several years fol- lowing their arrival in the Western country. These dissensions originated partly in the jealousy existing between the "Old Set- tlers," who had occupied the country for a number of years, and the "Eastern Cherokees" or newly arrived emigrants ; and partly on account of two rival factions existing among the latter, known as the "Ridge or Treaty" party and the "Ross or Opposition" party.
In June, 1830, a conference of emigrants and old settlers was held to adjust their differences. The emigrant faction proposed that representatives of the two parties meet and draft a constitu- tion and laws for the whole Cherokee nation, to be ratified by a vote of the people. The old settlers, however, insisted that there
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was no necessity for a new constitution as their laws were then in force and the newcomers must wait for vacancies in the several departments before they could be elected to office. The emigrant Indians, who were largely in the majority, refused to acknowledge the laws of the old settlers and called a convention to be held on July 1, 1839, to adopt a constitution for the Cherokee nation.
On June 22, before this convention met, however, three promi- nent members of the Eastern Cherokees, Elias Boudinot, John Ridge and Major Ridge were foully murdered. These men had advocated and signed the treaty of December 20, 1835, by which the Cherokees ceded all their remaining lands in the East, and which was exceedingly distasteful to the majority of the tribe. John Ross, principal chief, headed the opposition faction and suc- ceeded in having the council repudiate the treaty. Ross was accused of instigating the killing of these men, which accusation he stoutly denied.
The excitement became intense; the followers of Ridge fled to Fort Gibson and sought protection from the United States anthor- ities, while the remaining Eastern Cherokees rallied at the house of John Ross. The Ridge party mited with the "Old Settlers" and civil war was threatened. Among those who sought refuge at Fort Gibson were Stand Watie, John \. Bell, Tom Star, Smith and West. Among the victims of the political murders at this time was James Star, the father of Tom Star. The latter became an outlaw and over thirty assassinations were traced to this man, who killed for revenge only. In later years when the Ridge party gained the ascendency, Star accepted ammesty and lived a quiet and respectable life until his death.
Jolm Ross and his subordinates issued a call for a convention to be held on the Illinois river, inviting the "Old Settlers" to par- ticipate. The executive council of the latter, consisting of John Brown, John Looney, John Rogers and John Smith issued an address also, setting forth their grievances. The correspondence between the two factions was very pacific, but a reign of terror existed in reality. Col. M. Arbuckle, U. S. A., commanding at Fort Gibson, endeavored to act as peacemaker and to bring about a conference between the leaders of both sides, but his efforts proved unavailing. Meanwhile desertions occurred in the ranks of the "Old Settlers," the deserters won over no doubt by the supe- rior number of the emigrants. John Ross held his convention as he had planned, the rallying point on the Illinois river being called the Hinois Camp Ground. A law was passed offering pardon to all who had signed the obnoxious treaty if they applied
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for such within a stipulated time, but the signers maintained they had committed no crime for which they should be pardoned.
For several years these feuds kept the nation in a fever of excitement and retarded its progress. Delegations from each side, headed by John Ross and Stand Watie, journeyed to Wash- ington and laid their grievances before the authorities there. The outcome was the withholding of interest payments to the Chero- kees, which in the end had the desired effect, and a truce was patched up by a treaty in 1846. The progress of the Indians from the time of their occupancy of the territory until the Civil war was remarkable. The work of the missionaries was responsi- ble in a great measure for this early development. Several denominations established missions among the different nations, who welcomed them with open arms. The Cherokees more than any other aboriginal tribe, was willing to receive instruction from the whites. These Indians had no established religion of their own and for that reason the work of the missionaries prospered. They believed in a Supreme Being and in the existence of an evil spirit, who was supposed to reside in the setting sun.
One of the principal evils with which the missionaries and the Indian councils had to contend was the love of the red man for intoxicating liquor. A temperance society was early organized among the Cherokees and boasted of an enrollment of over 3,000 names. The Indian governments, however, legislated in vain against the importation of whisky, and their light-horse, or Indian police, was kept busy tracing and destroying shipments of contraband goods of this character.
For a mumber of years the Cherokees had striven to imitate the whites in the management of their affairs. As early as 1820 the nation was reorganized and divided into eight districts, each of which had the privilege of sending four members to the legisla- ture. The pay of the members was established at one dollar per day, that of the speaker at one dollar and a half, and the chiefs were allowed one hundred and fifty dollars per year. Their laws prohibited polygamy and the bringing of spirituous liquors into the nation by white men. If a white man married a Cherokee woman he must marry her according to their laws. Embezzle- ment, and intercepting and opening scaled letters, were punished by a fine of roo lashes on the bare back.
Some of the early laws were Spartan in their severity. In 1829 the Cherokees committed to writing an old law making death the penalty for selling any lands by treaty, which explains in a measure the political murders in 1839. In the same year ( 1820)
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the Choctaws passed a law prohibiting the killing of witches and wizards without a fair trial. The Cherokees had an unwritten law making the discovery of mines punishable with death. This law had its origin in the lust of the white men for the lands of the Indians when it became reported that coal had been discovered thereon, and prevented the opening of coal mines in the western country for a number of years.
The constitution of the Cherokees, as revised shortly after their removal to the Indian territory, has been subjected to very little change. It is the pattern according to which the other nations have modeled their laws.
This constitution sets forth the boundary of the lands and pro- claims that the lands of the Cherokee nation shall remain com- mon property, but the improvements made thereon and in pos- session of the citizens of the nation are the exclusive and inde- feasible property of the citizens respectively, who may be right- fully in possession of them. No citizen shall dispose of such a farm to citizens of the United States, and after two years' aban- donment the farm becomes part of the public domain, and may be settled and taken possession of by other citizens. Property of a deceased citizen can be disposed of by will or where no will is made according to the laws of inheritance.
The government is divided into three departments, executive, legislative and judicial, and no person or persons belonging to either department shall exercise the powers of any other depart- ment, except in cases where expressly directed or permitted by the constitution.
The national council exercises the functions of a state legis- lature, and consists of a senate and council. The executive power is vested in the principal chief. He is elected by a viva voce vote of the majority and serves four years. The other offi- cials are a treasurer, assistant treasurer, national auditor, nine sheriffs, one for each political district, many deputy sheriffs, one district clerk for each of the nine political districts and also deputy clerks, solicitors or prosecuting attorneys for each district The chief is allowed four secretaries at one thousand two hundred and fifty dollars per year. He has an advisory board called the execu- tive council.
Until superseded in recent years by United States courts the Indian nations had their own judiciary, that of the Cherokee nation consisting of nine district courts, three circuit courts and one supreme court. A motion to abate or dismiss a suit or demarrer overruled in the circuit court could be appealed to the
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supreme court. The wife was allowed to hold property in her own name not subject to the will of the husband. No person who denied the being of God, or a future state of reward and punishment, can hold any office in the several departments of the nation. Freedom of worship is guaranteed forever.
The board of education consists of three persons of liberal lit- erary attainments, appointed by the chief, and confirmed by the senate. This board has the entire charge of the schools, with power to adopt its own rules and regulations. Teachers must have a proper certificate from an examining board before they can be appointed.
The cost of maintaining the several governments of the nations in 1879 is as follows: Of the interest on the money held by the United States in trust, the Cherokees spent annually eighty thou- said dollars for executive, judicial and legislative purposes. The Creeks paid members of their council eighteen thousand seven hundred and fifty dollars per annum, judiciary thirteen thousand dollars, and delegates to Washington six thousand dollars. The Chickasaws paid the executive and judiciary twenty thousand dollars and the legislative department one thousand five hundred dollars. The Choctaws paid the council seven thousand dollars and the executive and judiciary twenty-nine thousand dollars. The cost of the Seminole government was eleven thousand two hundred dollars.
These governments have no inherent and organic power to levy war or repel an invasion, or contract diplomatic relations, or dis- pose of territory. The congress of the United States has always retained sovereignty over the Indian territory and its people. But although they may be called straw governments which the Indians have organized, so far as they reach they have contrib- uted materially to tribal peace, safety and happiness.
Education has been the Indian's stepping stone to civilization. The missionaries were the first promoters of education among thie five civilized tribes, but it was not long before the Indians estab- lished schools of their own. Seminaries for girls and academies for boys were built, their maintenance being in a measure pro- vided for by treaties with the United States government. The Methodists, Presbyterians, American Board of Commissioners for Foreign Missions, Baptists, Moravians and the Catholic Soci- ety of St. Louis supported mission schools, many of the teachers and ministers employed in their work being half breed Indians.
The Cherokees took the lead in educational matters as in other progressive movements. While they were still residing in the East they had published a newspaper, called the Phoenix; which
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was ably edited by Elias Boudinot, a half breed who had been educated at the mission school in Cornwall, Conn., and who had won for himself a white bride, Hattie Gold, of Cornwall. This paper was published under the auspices of the national council and had a large circulation. Half of the paper was printed in English, the other half in Cherokee. By a trick the plant fell into the hands of a company of Georgia militia, and the paper was arbitrarily suspended, a gross violation of the freedom of the press.
In 1843 the Baptist mission commenced the publication of the Cherokee Messenger, and in 1844 the nation inaugurated the Cherokee . Ideocate, which suspended in 1854 but started again in 1870. This paper was the official organ of the nation and was edited by W. P. Ross, a graduate of Princeton college. It is a curious fact, vouched for by different persons, that illiterate Indians, who were unable to read a word of English, mastered the Cherokee alphabet in a few hours. That part of the Cherokee Advocate printed in Cherokee was therefore read by all the Indians with enthusiasm.
In the early forties the mission at Park Hill, under the control of the American Board of Commissioners for Foreign Missions, Rev. S. A. Worcester in charge, printed and issued the following publications in the Indian languages :
In Cherokee: Treatise on Marriage (two editions), Cherokee Primer, Epistles to Timothy, Cherokee Hymns, Cherokee Alma- nac ( (845). In Choctaw: Child's Book on Creation, Bible Stories, Character and Works of God, New Birth, Sinners in the Hands of Almighty God. In Creek : Muscogee Hymns.
During the gold rush in 1849 one of the Southern routes to the new Eldorado led from Fort Smith, Ark., through the Indian territory, but the Indians with few exceptions, refused to be enticed from their homes by the prevalent greed for gold
In the years immediately preceding the Civil war, the inhabi- tants of the Indian territory were a notably wealthy people. For example, as far back as 1826 the Cherokees were in possession of a large amount of this world's goods, represented by 22,000 cattle, 7,600 horses, 4,600 swine, 2,500 sheep, 762 looms, 2,488 spinning wheels, 172 wagons, 2,943 plows, to saw mills, 31 grist mills, 62 blacksmith shops, 8 cotton machines, etc.
This wealth was greatly multiplied in the Western country. In 1860 there were many large farms of corn, cotton, hemp and tobacco, comfortable buildings, and thousands of cattle and horses. A flourishing trade was carried on with New Orleans
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and other Southern cities. Slavery prevailed among some of the tribes, particularly the Choctaws, Chickasaws and Cherokees, and a few wealthy planters owned as many as 500 negroes. This wealthy class drove costly carriages and wore rich clothing and a profusion of jewelry.
Although the questions that agitated the country prior to the war were more or less brought to the front in the Indian territory, the disposition of the five civilized nations was to avoid entangle- ments with either party. But the whole country had been inocu- lated with the virus of internecine dissensions and no state or territory was permitted to maintain a neutral position. Kentucky tried it and failed ; the Indian territory for a time held aloof from any participation in what it termed a "foreign" war, only to be finally caught in the irresistible maelstrom. The Indian territory was situated like the border states of Maryland, Virginia, Ken- tucky and Missouri, and the pendulum that indicated public senti- ment oscillated between secession and union. The fact that the inhabitants of the territory were to a large extent slave owners, and their intercourse had been mainly with the Southern people, accounts for the strong sentiment in favor of an alliance with the Southern Confederacy .. On the other hand, the influence of many of the missionaries with strong anti-slavery views, and the respect as well as fear with which the Indians held the government at Washington, created a strong conservative party, which advocated neutrality.
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