A history of the state of Oklahoma, Volume I, Part 12

Author: Hill, L. B. (Luther B.)
Publication date: 1908
Publisher: Chicago : Lewis Pubishing Company
Number of Pages: 645

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This convention had no results. The eastern Cherokees drew up resolutions in which they expressed complete confidence in all the political acts of their chief, John Ross, and also their protest at the inter- vention of the general government. But the power of the government was now being felt as an effective instrument for compos- ing the differences. The withdrawal of the annuities was a particular hardship. On May 25 the emigrant party assembled for another discussion, and acceded to the re- quest of General Arbuckle that a deputation of their number should meet a like delega- tion from the old settlers at Fort Gibson. As a result, following a year of contention, the representatives of the two parties came together at Fort Gibson in June, and adopted the act of union which has since been considered the official covenant be- tween the two branches of this people.

"Whereas our fathers have existed, as a separate and distinct nation, in the pos- session and exercise of the essential and appropriate attributes of sovereignty, from a period extending into antiquity beyond the records and memory of man, and

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whereas these attributes, with the rights and franchises which they involve, remain still in force and virtue, as do also the national and social relations of the Chero- kee people to each other and to the body politic, excepting in those particulars which have grown out of the treaties of 1817 and 1819, between the United States and the Cherokee Nation, under which a portion of our people removed to this country and became a separate community. But, the force of circumstances [in this way do they refer to the treaty of 1835] having recently compelled the body of the eastern Cherokees to remove to this country (thus bringing together again the two branches of the an- cient Cherokee family), it has become essen- tial to the general welfare that a union should be formed, and a system of govern- ment matured, adapted to their present con- dition, and providing equally for the pro- tection of each individual in the enjoyment of all his rights.

"Therefore, we, the representatives of the eastern and western Cherokees, do hereby solemnly and mutually agree to form the two branches into one body politic, under the style and title of the Cherokee Nation.

"In view of the union now formed, and for the purpose of making satisfactory ad- justments of all unsettled business which may have arisen before the consummation of this union, we agree that such business shall be settled according to the provisions of the respective laws under which it origi- nated; and the courts of the Cherokee Na- tion shall be governed in their decisions accordingly. Also, that the delegation authorized by the eastern Cherokees to make arrangements with Major General Scott for their removal to this country shall continue in charge of that business, with their present powers, until it shall be finally closed. And also, that all rights and title to public Cherokee lands on the east or west of the river Mississippi, with all other pub- lic interests which may have vested in either branch of the Cherokee family, whether in- herited from our fathers or derived from any other source, shall henceforward vest

entire and unimpaired in the Cherokee Na- tion as constituted by this union.

"It is further agreed, that any moneys due individuals from the United States as per capita, each and every citizen of the Cherokee Nation shall participate equally. And also, that portion of the nation that has constituted the old settlers of this coun- try shall have a just proportion of the officers and representation in the govern- ment of the nation for the first constitutional term-that is to say, the assistant principal chief, seven members in the committee, nine members of the council, two associate judges of the supreme court, one circuit judge, two district judges, two executive counselors and two sheriffs; all to be of their own selection and to be chosen by the council of old settlers now in session.

"It is also understood, that all debts and expenses incurred by either branch of the Cherokees, for holding councils, etc., shall be assumed and paid out of the national funds. And it is further agreed that, from and after the signing of this union, the laws of each portion of the Cherokee Nation shall be inoperative excepting so far as already provided for in this union. The constitution, however, adopted at Tahlequah the 6th of September, 1839, and the laws enacted under its provisions, shall be the governing laws of the nation.

"Done at Fort Gibson, the 26th June, 1840.

David Vann, R. Taylor,

John Burge, Stephen Foreman,

Turtle Fields, John Drew,

John S. Boot, Johnson Foreman,

G. W. Gunter, David Carter,

Richard Fields,

On the part of the eastern Cherokees.

Andrew M. Vann, George W. Adair,

Riley Thornton, Charles Ruce,

William Rogers,

Broken Canoe,

Thos. L. Rogers, Lame Glass,

Ezekiel Starr, Wrinkle Sides,

The Wind,

C. Thornton,

On the part of the western Cherokees."

The substance of this act of union had been adopted by the convention at the Illi-

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nois camp ground July 12, 1839, and signed by representatives of both eastern and west- ern Cherokees, though the action on the part of the latter did not represent the sentiment of the majority of the party. The union thus provided for may be considered permanently effective, so far as preventing the disorder and civil dissension that had characterized the relations of the eastern and western Cherokees since the removal of

" In his report of November, 1844, the commis- sioner of Indian affairs says: "The dissensions and ill feeling that have so long and injuriously prevailed in the Cherokee Nation have not yet dis- appeared. It is, perhaps, according to the infirmity of our nature that the majority party, if they are not so tyrannical as they are charged to be, should be more imperious than is agreeable to the other side " Many of the old settlers had been forced to leave their homes and rely on their Arkansas neighbors for protection, while the dissensions between the treaty and Ross factions were increasing, to the extent that the peace of the frontier was endangered, and many of the minority had gone into exile. Matters continued in this way for a year or more, when the govern- ment officials succeeded in uniting the three fac- tions by a treaty agreement, by which their various differences were composed or compromised. The conduct of the factions under this treaty was com- mented on as follows by the commissioner in his report of November, 1846: "The treaty with the Cherokees so far appears to have been productive of the happiest results. All parties seem to have united to carry out in good faith the judicious provisions of the treaty; to forget ancient feuds and past misunderstandings. Since the provisions of the treaty were generally made known in the country not a murder or outrage . . has been reported."

The treaty of August 6, 1846, was concluded at Washington between three commissioners of the United States and the three factions of the Cher- okee Nation, including representatives of what was known as the government party, under John Ross, the treaty party, among whom were George W. Adair and Stand Watie, and the western Cher- okees or old settlers, represented by Captain Dutch, John Brown and others. The preamble of the treaty, referring to the existence of serious diff- culties between the various factions of the Chero- kees, introduces this general principle: "The lands now occupied by the Cherokee Nation shall be secured to the whole Cherokee people for their

the latter. But the party lines thus estab- lished were not obliterated for years, and the fires of factional bitterness smoldered until the Civil war of 1861-65 fanned them into flame, when the Ross party allied itself with the Union and the treaty party, under Stand Watie (a brother of Ridge, who had been murdered) and others, joined the Con- federacy.18

In November, 1842, the commissioner of

common use and benefit; and a patent shall be issued for the same." Article 2 states: "All difficulties and differences heretofore existing be- tween the several parties of the Cherokee Nation are hereby settled and adjusted, and shall, as far as possible, be forgotten and forever buried in oblivion. All party distinctions shall cease, ex- cept so far as they may be necessary to carry out this convention or treaty. A general amnesty is hereby declared. All offenses and crimes commit- ted by a citizen or citizens of the Cherokee Nation against the nation, or against an individual or in- dividuals, are hereby pardoned. All Cherokees who are now out of the nation are invited and earnestly requested to return to their homes, where they may live in peace, assured that they shall not be prosecuted for any offense heretofore commit- ted against the Cherokee Nation, or any individual thereof." Further, it was declared that hereafter no one should be punished for any crime except on a conviction by a jury, and that fugitives from justice, not included in the general amnesty, should be returned to the Cherokee Nation by the United States authorities.

The fourth article of this treaty affirms the un- divided ownership of both the eastern and western Cherokees not only in the lands set apart in the Indian country by the treaty of 1828, but also in those lands retained by the portion of the tribe that remained in the east. The provisions of this article for an equitable interest in the lands of both parties were subsequently quoted in the argu- ments for and against the inclusion of the Indian Territory in joint statehood. The article asserted that by the treaty of 1828, and in conformity with the general Indian policy, that the old settlers or western Cherokees "had no exclusive title to the territory ceded in that treaty, but the same was intended for the use of, and to be the home for, the whole nation, including as well that portion then east as that portion then west of the Mis- sissippi," and that by the operation of the same principle the western Cherokees also "acquired a common interest in the lands occupied by the

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Indian affairs reported that among the In- as settlements of whites hemmed them in, dians still living east of the Mississippi were 1,000 to 1,200 Cherokees in North Carolina, Alabama, Georgia and Tennessee; some Creeks in Alabama ; 50 to 250 Chickasaws in Mississippi and a few in Tennessee; from 3,000 to 4,000 Choctaws in Mississippi, and a remnant of Seminoles in Florida.

The process of removing the Indians con- tinued throughout the decade of the forties, some years showing very insignifiant re- sults. Beginning with January, 1845, the removal of the Choctaws who lingered in the state of Mississippi was undertaken, and 1,182 were removed during that year. In November, 1846, the Indian commissioner reported that since the preceding year the emigration of Indians from east of the Mis- sissippi had been: 1,786 Choctaws, 64 Chickasaws, from the state of Mississippi ; and 104 Creeks from Alabama. By Novem- ber, 1847, 19 Creeks, 44 Chickasaws and a few Cherokees had gone voluntarily to their new homes, while 1,623 Choctaws had been removed by the government authori- ties.

The Choctaws who were removed during 1845-47 were those who, under the provis- ions of the treaty of Dancing Rabbit Creek (1830), had elected to remain citizens of the states and had accepted individual allot- ments of lands. Though they did not there- by lose their Choctaw citizenship, they did lose their right to share in the annuities payable to the emigrating Choctaws. Those who remained east of the river eventually,

Cherokees east of the Mississippi." And owing to the failure of the treaty of 1835 to provide for a settlement of that interest, the western Cherokees were declared to have an equitable claim upon the United States for the value of that interest, the share for per capita distribution among the old settlers being fixed at one-third the whole amount of the residuum intended for that purpose. This treaty also provided an indemnity fund for the treaty party, for their losses growing out of the

experienced the usual unhappy fate of such Indians, and their removal seemed necessary to preserve them from the hostility of the white people and from the destructive ef- fects of contact with white civilization. The removal of the Indians was practically en- forced, but the government thereby assumed unnecessary obligations from which the treaty above mentioned had entirely freed it. By converting into cash a part of the Choctaw land scrip that was granted the Indians in lieu of actual allotments, a fund was created for the emigrating Choctaws from the proceeds of which they were placed on a basis of equality with those already in the west, so far as annuity pay- ments were concerned.

The Chickasaws have long been allied with the Choctaws, and there is a tradition that many centuries ago they dwelt together as one people, as they are people of the same Indian stock (Muskhogean). Many Chick- asaws have resided on the west side of the Mississippi for a century, joining the Choc- taws in their early migrations. In 1805, 1816 and 1818, the Chickasaws ceded all their lands north of Mississippi, and until their final removal to the Indian country the larger portion of the tribe dwelt in Ala- bama and Mississippi. In 1822 it was esti- mated that 3,625 Chickasaws remained in the Mississippi territory. Though many Chickasaws had found their way to the In- dian country along with their kinsmen, the Choctaws, as a tribe they were not located

conflicts between the two parties. The sum of five thousand dollars was to be paid by the United States to the heirs of Major John Ridge, a like sum to the heirs of John Ridge, and also to the heirs of Elias Boudinot, and one hundred thousand dollars was appropriated for the satisfaction of the claims of others of the treaty party who had suffered through their contention with the Boss party.

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in the Indian country until the latter thirties. interesting features of the geography of the The first treaty looking to their removal times. The east limit of the district differed somewhat from that later established, and all the country west between the Red and Canadian rivers as far as Texas was granted for the Chickasaw home.14 was in 1832. The Chickasaws of Alabama and Mississippi, "finding themselves op- pressed in their present situation, by being made subject to the laws of the states in which they reside," entered into a treaty, Disputes arose between the Choctaws and Chickasaws as to their respective boundar- ies, and the treaty of November 4, 1854, defined the Chickasaw district as it was shown on the later maps.15 October 20, 1832, by which they ceded all their lands on the east side of the Missis- sippi and agreed to select lands beyond that river for their permanent home. Pending their removal, they were to select homes in their old country which were to be guar- anteed to their possession as long as they desired to live upon them.

Several years of negotiations followed before the Chickasaws succeeded in select- ing suitable lands in the Choctaw country. By the treaty at Doaksville, near Fort Tow- son, January 17, 1837, the Chickasaws were to have the privilege of forming the "Chick- asaw district" in the Choctaw country. The boundaries of the original Chickasaw Na- tion as defined in the treaty mention some

About the same time the Choctaws pro- tested against sharing the net proceeds of the lands ceded them by the treaty of 1830 with their allies, the Chickasaws, and in the treaty by which these dissensions were set- tled are contained, Ist, a final definition of boundaries of the two tribes, and, 2d, the establishment of the "leased district" west of the 98th meridian. This "leased district" becomes an important geographical division of the later Oklahoma territory. The essen- tial features of this treaty (June 22, 1855) are given below.16

" The Chickasaw district shall be bounded as follows: Beginning on the north bank of the Red river at the mouth of Island bayou, about eight or ten miles below the mouth of false. Wachitta; thence running north along the main channel of said Bayou to its source; thence along the dividing ridge between the Wachitta and Low Blue rivers to the road leading from Fort Gibson to Fort Wachitta; thence along said river to the line di- viding Musha-la-tubbee and Push-mata-haw dis- tricts; thence eastward along said district line to the source of Brushy creek; thence down said creek to where it flows into the Canadian river, ten or twelve miles above the mouth of the South Fork of the Canadian; thence west along the main Canadian river to its source if in the limits of the United States or to those limits; and thence due south to Red river and down Red river to the beginning.

""It is agreed by the Choctaw and Chickasaw tribes of Indians, in lieu of the boundaries estab- lished under the article second of the convention and agreement entered into between said tribes , Jan. 17th, 1837, the Chickasaw district of the

Choctaw nation shall be bounded as follows: Be- ginning on the north bank of the Red river at the mouth of Island bayou where it empties into the Red river about twenty-six miles on a straight line, below the mouth of false Wachitta, thence running a northwesterly course, along the main channel of said Bayou to the junction of three prongs of said Bayou nearest the dividing ridge between Wachitta and Low Blue rivers thence northerly along the eastern prong of Island Bayou to its source; thence due north to the Canadian river, thence west, along the main Canadian, to one hun- dred degrees of west longitude; thence south to 'Red river and down Red river to the beginning."

" Art. 1. The following shall constitute and re- main the boundaries of the Choctaw and Chicka- saw country: Beginning at a point on the Ar- kansas river, one hundred paces east of old Fort Smith, where the western boundary line of the state of Arkansas crosses the said river, and run- ning thence due south to Red river; thence up Red river to the point where the meridian of one hun- dred degrees west longitude crosses the same; thence north along the said meridian to the main

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The history of the removal of the Creek Indians has many points of resemblance with that of the Cherokees. As in the case of the Cherokees, there were the eastern and the western divisions, consisting of those who had gone beyond the Mississippi under the first treaties, and those who de- layed in their old homes until forced to remove by the encroachment of the white settlers, and the power of the government.

The McIntosh emigration of the Creeks, which has been described in connection with the history of the Creek treaties, fol- lowed the treaty of 1825, which had been ratified only by the faction headed by McIntosh. Though the division thus created between the eastern and western Creeks bore partisan fruits that were later matured in the Civil war between the states,

Canadian river; thence down said river to its junction with the Arkansas river; thence down said river to the place of beginning

Art. 2. A district for the Chickasaws is hereby established bounded as follows: Beginning on the north bank of the Red river at the mouth of Island Bayou [etc., as provided in the treaty of Nov. 4, 1854].

Art. 3. The remainder of the country held in common by the Choctaws and Chickasaws shall constitute the Choctaw district, and their offices and people shall at all times have the right of safe conduct and free passage through the Chickasaw district.

Art. 9. The Choctaw Indians do hereby abso- lutely and forever quit-claim and relinquish to the United States all their right, title and interest in and to any and all lands, west of the one hundredth degree of west longitude; and the Choctaws and Chickasaws do hereby lease to the United States all that portion of the common territory west of the ninety-eighth degree of west longitude, for the permanent settlement of the Wichita and such other tribes or bands of Indians as the government may desire to locate therein; excluding however

· Art. 10. In consideration of the foregoing re- linquishment and lease, and as soon as practicable after the ratification of this convention, the United States will pay to the Choctaws the sum of six

the schism appears not to have produced such active and uncompromising hostility as in the case of the Cherokees.17 . The removal of eastern Creeks, on the commission by them of certain alleged hos- tile acts, was made a military operation. December 1, 1836, the office of Indian af- fairs reported that all of them had been removed under contract with the exception of the families of a band of 700 warriors. The first party that was removed, consisting of 2,300, encamped on the Verdigris on the 7th of September, 1836. Their approach was viewed by the resident Creeks with jealousy and distrust, owing to the fear of the latter that the newcomers might assume a dominating position in the affairs of the tribe. They asserted that having, after encountering dangers and privations, estab-

hundred thousand dollars, and to the Chickasaws the sum of two hundred thousand dollars.

"" "' November the 26th, 1828, our exploring party encamped on the Arkansas, at the mouth of Ver- digris river. We remained in this neighborhood until the second of December. Here our Creek delegation had an opportunity of enjoying the company of about fifteen hundred of their coun- trymen, who had recently arrived from the east of the Mississippi. This interview appeared to be pleasant to both parties. These Creek immigrants belonged to what was termed the McIntosh party, and our delegation belonged to the other and larger party. Old General McIntosh, who had headed this smaller party on the east of the Mis- sissippi, had been killed by the others, and some fears were felt lest an existing grudge might . mar the future peace of the two parties, if located near each other. It was, therefore, the more pleas- ant to witness the friendly manner in which the delegation was received by the immigrants. They expressed a desire that their people generally should follow and settle with them; and lest any should be deterred from doing so, by supposing that the immigrants retained angry feelings on account of a former quarrel, they held a council, and prepared a written communication to the other party, affectionately inviting them into their country, under assurances that former grudges were buried." (McCoy's "Baptist Indian Mis- sions," p. 365.)

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lished themselves in comfort and framed a system of government and laws for them- selves, their situation ought not to be ren- dered worse by the coming among them of those who, by their hostile acts, had reduced themselves to beggary and want. A council was held at Fort Gibson, at which Roley McIntosh said in behalf of the west- ern Creeks that "they were willing to meet the new emigrants as friends provided they would submit to the laws now in force." The newcomers expressed themselves will- ing to accommodate themselves to the gov- ernment and customs under which the west- ern Creeks had prospered. In subsequent reports the Indian commissioner finds that, while the two divisions of the Creeks do not regard each other with complete confidence and good will, there was no likelihood of serious collision between the factions.

A document that incidentally tells the story of the removal of the Indians is the contract, dated September 7, 1835, between the commissary general of subsistence and John W. A. Sanford and Company. The latter agreed to remove "the Creek Indians, occupants of the Creek Nation, in the state of Alabama, from said nation, to a point in the new country allotted to the Creeks west of the territory of Arkansas, and within twenty miles of Fort Gibson, men, women and children, with their slaves and their goods and chattels."

The involuntary emigration of a large body of people from one territory to another is in itself a severe measure, entailing hard- ships that could not be recounted in detail. To take many thousand persons across the almost unbroken wilderness of the Missis- sippi valley three-quarters of a century ago was a task that has not a parallel in Ameri- can history. The contract system under which the removal was made at its best

could not be safeguarded from opportuni- ties to unscrupulous men for exacting the highest profit from the enterprise. At so much per head, for the removal of the In- dians, it was entirely a business proposition with the contractors, and too often the necessity of firm discipline was perverted by harshness and unfeeling cruelty. In the hands of contractors, the removal of the Indians was not a great philanthropy, but was carried out with the same business con- siderations that would characterize the transportation of commodities of commerce from one point to another.

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A history of the state of Oklahoma, Volume I, Part 12

Author: Hill, L. B. (Luther B.) Publication date: 1908 Publisher: Chicago : Lewis Pubishing Company Number of Pages: 645

Author: Hill, L. B. (Luther B.)
Publication date: 1908
Publisher: Chicago : Lewis Pubishing Company
Number of Pages: 645