University of Oklahoma College of LawUniversity of Oklahoma College of Law Digital CommonsAmerican Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-18993-9-1840Memorial of the Delegation of the CherokeeNationFollow this and additional works at: https://digitalcommons.law.ou.edu/indianserialsetThis House Document is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted forinclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administrator of Universityof Oklahoma College of Law Digital Commons. For more information, please contact darinfox@ou.edu.Recommended CitationH.R. Doc. No. 129, 26th Cong., 1st Sess. (1840)26th CONGRESS, Ist Session. Doc. No. 129. Ho. oF RxPs. MEMORIAL-INDIANS-CHEROKEE DELEGATION. MEMORIAL OF THE DELEGATION OF THE CHEROKEE NATION. MARCH 9, lSW. Pre~ented by Mr. CoawiN, and referre1 to t:1e Committee on Iad:an Affairs. JvlARCH 12, 1840. 01 de red tJ be printed. To the lumorable tlte Senate and House of Representatives of the United States of America, in Congress assembled: The petition and memorial of the undersigned, delr g 1tr s an:! repres the Adjutant General, have been submitted to me, and duly considered. The letter of the Commissioner of Indian Affairs to the agent will have in-formed you of the views of this department in relation to the political differ-ences unfortunately existing between the former and recent emigrants of the Cherokee Nation. It is highly desirable, and it is the wish of the Govern-ment, that they should assemble in council together, and be governed by the declared will of the majority of the whole nation, fairly and properly obtained. But while this principle will govern the department in the exercise of its superintendence over the tribe, it will not suffer that majority to exercise any tyranny towards tho~e persons who may be odious to them ; nor espe-cially to commit any outrage upon those Cherokees who signed or adhered to the treaty of New Echota. The news of the cruel murder of the Ridges was received with just in-dignation by the department, and the summons of George W. Adair, J. A. Bell, and others, to appear before the council on the 4th September, to an-swer for their conduct in signing that treaty, is regarded as a gross usurpa-tion of power, which will not be sanctioned or allowed. Whatever may be the opinion of the chiefs and people who emigrated last, as to the character of that transaction, they shall not be permitted to punish or persecute those 12 Doc. No. 129. who, in good faith and with upright and honest intentions, executed that instrument, and faithfully complied with its provisions. You will, without delay, communicate this determination of the department to the chiefs and headmen of the Cherokee Nation, and convey to me, with all possible ·-despatch, their reply, in order that, if they persist in these unjustifiable measures, prompt and efficient steps may be taken to protect the parties threatened with further outrage, and to bring to justice the perpetrators of .such acts of violence. Very respectfully, your most obedient servant, Brig. Gen. M. ARBUCKLE, Fort Gibson, W. T. True copy. J. R. POINSETT. S. G. SIMMONS, A. D. C. and A. A. Adjt. Gen., 2d Dept., W. Division. HEADQUARTERs, 2n DEPT., 'VY. DIVISION, Fort Gibson, December 14, 1839. GENTLEMEN: I herewith transmit, for your information, an extract of :a letter addressed to me from the War Department, under date of the 19th ultimo, containing the determination of the Government in relation to the murderers of the Ridges and Boudinot ; and, in addition, it is proper that I should inform you that Major Armstrong will be instructed to pay no more money to the Cherokees until this matter is settled, and peace is restored to the Cherokee Nation. To effect these highly important objects, a union of the old settlers and the late emigrants is indispensably necessary ; and it is, therefore, earnestly hoped that the ambitious or selfish views of no one will prevent the accomplishment of this object at an early period; and this, it is believed, can be effected without delay, provided it should be deter-mined that each party shall be represented in the new government by individuals of their own choice, and in proportion to their numbers. I have unden;tood that some of the Cherokees have expressed the belief that I have prevented the money dne to them being paid: I therefore regard it proper to assure you that I have never written a word to the Government on that subject; on the contrary, I am fully apprized of the needy condi-tion of the late emigrants, and hope you will ndopt such measures as will, at an early period, remove all difficulties in relation to that matter. The Government will no doubt expilct to be informed if the decrees, af-fecting the treaty party, will be repealed or enforced. In relation to the murderers of the Ridges and Boudinot, it is not my wish to have any apprehended, except the leaders of the parties, a12d those that were materially concerned in committing those murders. If I can be of any service to you in effecting a union of the Cherokee people, I will most cheerfully render you every aid in my power, and, should you think proper to visit this post, or the parties agree to a meeting here, they may rely on my best exertions in assisting them to restore quiet to the Cherokee Nation, or to furnish them every facility to accomplish that .object themselves. I am, gentlemen, very respectfully, your obedient servant, M. ARBUCKLE, Brevet Brig. General, U.S. A. JosEPH V ANN, Assistant Chief of the late emigrant Cherokees, and others, in council. Doc. No. 129. l3 [EXTRACT.] WAR DEPARTMENT, November 9, l839. SIR: Your several communications, with their enclosures, relating all to the extraordinary conduct and unwarrantable pretensions of the Chero-kee chie[<;, have been received and considered with all the care and atten-tion their importance demands. 'fhe President recognises the right of the majority of the Cherokees to frame a constitution, and to enact all laws necessary for the government of the nation ; but at the same time, be supposed t_hat this right would be ex-(!rcised judiciously, and in a manner not calculated to authorizo murder and excite intestine commotions. The chiefs and council of the Cherokee· r1ation cannot be ignorant, that, to condemn to outlawry and death the chiefs, who, in the exercise of the authority vested in them, signed a treaty with the United States, for the alleged crime of executing that instrument,. is to exceed the powers vested in them as legislators, and that such acts. are as illegal as they are erne! and vicious. The Government of the United States is not disposed to interfere with the enactment, or the execution of laws, ·which do not violate natural rights,, lend to domestic strife, and provoke intestine wars; but in all such cases it. becomes its paramount duty to iuterpose, and in this instance, treaty stipu-lations positively require the performance of that duty. In the remonstrance of the chiefs against the demand of the United States for the murderers of the Ridges and Boudinot to be delivered up t(} them, they say that" such persons are not amenable to the laws of the United States, and ought not to be arrested and imprisoned for murdering an Indian, because the United States courts cun entertain no jurisdiction of a crime committed by an Indian against the person and property of another Indian." The chiefs who signed that document labor under an error, and the interests of all concerned require that they should be promptly disa-bused. 'l'he Government of the United States has a right to take all proper measures to preserve the peace of the country, and to protect the innocent against the vindictive passions of their persecutors, who, in sating their veng-eance, may compromit that important interest. This sovereign right cannot be relinquished. The provisions of the treaty of 1835, render it the imperative duty of the Government to extend their protection to the west-ern Cherokees, who have been thus cruelly assailed by the late emigrants; and they can do so in no manner so effectually as by seizing and punishing the assassins who murdered the Ridg-es and 13oudinot. " " " ,._ Very respectfully, yonr most obedient servant: Brigadier General l\f. ARBUCKLE, Fort Gibson, Arkansas. True extract. J. R. POINSETT. S. G. SIMMONS, A. D. C. and A. A. Adjt. Gen., 2d Dept., W. Division. 14 Doc. No. 129. HEADQUARTERs, '2n DEPT., W. DrvrsiON, Port Gibson, Decernber 19, 1889. GENTLEMEN: I received by the mail last evening, a copy of a 'Commu-nication from the Commissioner of Indian Affairs to Captain Armstrong: a copy of which is herewith transmitted for your information. It is with your council at once to settle all difficulties in the Cherokee Nation, which, as I judge, cannot be effected except ou terms of perfect justice to both parties. I therefore entreat you to act promptly in this high-ly important matter, that the Cherokee people may be restored to quiet and good feelings towards e:tch other. Captain Armstrong has informed me that he is appointed to act on the claims of the Cherokees against the Osages, and that he will attend to that duty soon after his return from Red river, where he is at present. I am, gentlemen, very respectfully, your obedient servant, · M. ARBUCKLE, Brevet Brig. General, U. S. A. JOSEP!f V ANN, Assistant Chief of tlte late ernigrants, and others, in council, near Illinois River. WAR DEPARTMENT, OFFICE INDTAN AFFAIRs, November 9,.1839. SIR: I am directed by the Secretary of 'War to inform you that no further payment will be made to the Cherokees until the excitement DO\V" existing in the nation is composed, and their difficulties settled ; and this determination, I have to request, that you will communicate to the Indians immediately on the receipt hereof. Should any of the agents have moneys in a course of disbursement, you will please to arrest it until otherwise di-rected. This instructien is not intended to interfere with the issuing of rations to them in completion of the year's subsistence. Very respectft1lly, your most obedient servant, •r. HAR'l'LEY CRAWFORD. Captain vVrLLIAM ARMSTRONG, Choctaw Agency, west. True copy. S. G. SIMMONS, A. b. C. and A. A. Adjt. Gen., 2d Dept., W. Division. 1'o the chiefs, council, and headrnen of the Cherokee Nation: FRIENDS AND BROTHERS: I am directed to attend this meeting, to make some explanations as to the views of the Government of the United States with regard to the Cherokee people, and to obtain from you information ot what has been done, or will now be done by the Cherokee people, in order to allay and pnt down the great excitement existing among them. Doc. No. 129. 15 ·And first, whether this council or the headmen of the different parties of the Cherokee people will do any thing more than has already been done by John Rogers, John Smith, and Dutch, in their proposition for uniting the whole Cherokee people as one nation 1 acknowledged by all. · Secondly. Whether this council and the headmen will give assurances to the Government of the United States, that they will desist from further oppressing or persecuting the party called the Ridge party or Treaty party. Thirdly. Whether this council, by a decree or by agreement among your-selves, will so far unite in a government for the nation at present, as have at least one chief from each party of old settlers aud late emigrants, until an election can be held under the direction of a majority of the whole people. Fourthly. W hcther this council aud headmen will agree that the whole Cherokee people shall be invited to meet during this winter, or early in the spring, at Fort Gibso:1, and there vote upon a constitution and form of government, and terms of union for the whole Cherokee people. The reason for naming Fort Gibson is this, that the expense of providing for so many people will be more conveniently furnished at the depot of public stores than any where else. And I am authorized by General Arbuckle, the commandant of all the forces upon this western frontier, to say to this council, that he will Jo every thing in his power for the accommodation of the Cherokee people ; that he will assign them a house1 or other suitable place for their deliberations ; and that he will not interfere in their pro-ceedings in any way, nnless called uron by them. I recommend this course to be adopted by yon. Now, my friends and brothers, I expect you are ready to ask why you should do what is here recommended. I will aRswer you plainly and truly. Many among you believe that the constitution and declaration of union, as well as the appointments made at this place in July last, form the true and legitimate government and organization of the Cherokee people. It is my duty to inform you the President of the United States, and many of the principal men of the old settlers, do not recognise this as the settled government of the Cherokee Nation. Tl1e convention, held at this place in July, Ul39, made a constitution and a declaration of union in the nature of a bill of rights, setting forth the rights of the Cherokee people. But you see by the proceedings of the late council at the Donble Springs, in October, 1839, that they have proceeded to elect chiefs, and to appoint other officers of Government, in direct opposition to the decrees of the council held at this place in July, 1839. And I am assured from authority considered good, that upward of one thousand of the old settlers approve of the pro-ceedings at the Double Springs in October last. I am informed from the same source, that most or all of these old settlers are opposed to John Ross bein6 a chief, and I have been requested to propose to this council to di'i· place him. I am unwilling to do any thing relating to him in his ab~ence. My friends and brothers: I deem it to be my duty to tell you some plain truths, that require your serious consideration ;md speedy determination. I am informed and believe that the Cherokee funds or moneys, secured by treaty stipulations, will not be paid until the nation is settled down into a regular government, which shall be acknowledged as such by the President of the United States. I will state other reasons why you ought at once to settle your party disputes. Many poor Cherokees, of both parties, are at this time in need of relief for the support of themselves and their families. I will not say that the Government of the United States will refuse this necessary support. But it is my opinion that this relief will more readily I 16 Doc. No. 129. be granted, should yon settle down into a regular Cherokee government, acknowledged by a majority of the people of both parties, and recognised by the President of the United States. I will fnrther say, that many of the Cherokee people are dissatisfied at being removed from their former homes, east of the Mississippi river. 'l'besp, discontented people may deceive them-selves and others, but they cannot deeeive me. I have seen both countries, and I say that the Cherokee Nation owns a better country ior procuring the means of support and prosperity, than the country they left. As to tbe value of gold mines east of the Mississippi, within the Cherolwe lands, I lmow noth-jng of them, and will say nothing about them. I will further observe, that I believe I know the wishes of a great mnjority of the people of the United States respecting the red people, having lived in th0 United States npward of seventy years, and often engaged in public employments. I think I may venture to say that a majority of the citizens of the United States desire the welfare and happiness of the red people. I therefore solemnly warn you against any unfriendly proceedings against the whites, as such conduct will tend to the destruction of your people. The present dissension is not the only one by many that has existed among yon. In the time of the Rev-olutionary war between the United States and England, the Cherokee chief, Dragging Canoe, differed from a majority of the nation, and carried his people to Chick-a-mogga. He was a friend to the British cause. Friends-and brothers, I have occupied much of your time, but I will say one thing more as an inducement for yon to settle your domestic disputes. If yon settle down into a regular Cherokee government, the United States. in more than one treaty, has promised you a Representative in the Con-gress of the United States. They do uo more for their own people, and you can ask nothing further. I have an earnest desire to see your-nation flourish in peace, happiness, and prosperity. I have done all in my power to further this desirable object, without partiality to any party. The order of the Secretary of W nr and the letter of General Arbuckle are in my hands, but as they are also in the hands of Mr. Joseph Vann, it is not necessary to present them. I have no more to say at this time. Your friend, M. STOKES, Agent for Cherokee Nation The following understanding and ngreement is entered into between Mont-fort Stokes, United Stutes agent for the Cherokee Nation, and Joseph Vann,, David Vann: Richard Taylor, Charles Coodey, and W. S. Coodey, a com-mittee specially appointed thereto by the national council: It is mutually agreed that a general and friendly invitation shall be given to all the Cherokee people to assemble at 'Tahlequah on the 15th of Jan-uary, 1840, in order that the will of the majority of the Chcrokres may then and there be fairly and properly ascertained in relation to the governmer:J.t of the nation. The object being to establish peace and restore quiet among the people, and to satisfy the Government of the United States, which is the Government of their choice. 'I'he Cherokees promise, on their part, that no person of the treaty party, or of any other party or politics, shall be molested in attending said meet· ing, either in coming, while remaining, or returning to their homes, and· Doc. No. 129. l'T will use every exertion to prevent the introduction of spirits, and to main-tain strict order and propriety ; that the proposed meeting shall be of a friendly character, and all business trthers, an invitt1tion to attend a meeting of the Cherokee people on the 15th instant, for the purpose of being correctly informed (it I understand the object of the meeting), which of the two governments in the Cherokee nation is preferred by a majority of the people. 1 would, with great pleasure, attend the propo~ed. assemblage of yollt jleople, had not the old settlers refused to uttend ; and you failed to make t1. Doc. No. 129. 19 proposition calculated to ~ettle the protracted contest for authority in the Cherokee Nation, on terms that would reF:tore peace to the Cherokee peo-ple. I will, however (as I am required to have peace restored to the Chero-kee Nation), send Captain Page, an officer ot high character, to witness or certify to any fact you may regard material to your pretensions to the gov-ernment of the Cherokee Nation. 'l'he President of the United States has very justly recognised the right of a majority to rule, but at the same time he ~upposed that this right would be exercised jndicionsly, and in a manner not calculated to a11thorize mur-der, and excite intestine commotions. If, therefore, your government has authorized murder, and excited intestine commotions, you will perceive that these objections be removed in a peaceable manner,' before it is liable to be aclmowledged by the United States. Had your late council transact-ed the business for which it was mainly called, in the way anticipated, you would have been relieved from some of the err.barrassments you labor un-der: yet, independent of these, from which you can relieve yourselves at the proposed meeting, you will perceive that it is necess:uy that you should restore peace to the Cherokee people. · I would ask you how peace can be given to the Cherokees, and violence nnd murder prevented in yonr nation, except by your uniting with the old settlers, who have made frequent propositions to you to effect that object without success? and it appea,rs to me that you must now be fully con· vinced that there is no other plan by which the present excitement in your nation can be allayed, and peace and security given to the Cherokee people. You are, no doubt, informed that John Smitb, one of the signers of the treaty of 1835, and a chief of the old settlers, and Star, with seve1;al of the relations of the signers of that treaty, with some of the old settlers, have been compelled to leave their homes of late, in consequence of attempts made to kill some of them, and threats (as it is said), by the late emigrants; and you cannot be uniniormed that acts of violence take place very frequently of late in your nation; and that these outrages principally result from party feeling. How is this wretched state of things to be prevented, except by a friendly union of the parties on terms of justice, by which each party would be represented in a new government by individuals of their own choice, agree-ably to their number? It is not contended by any one, so far as I am informed, that the old set· tiers and those that have joined them, are a majority of the Cherokee Nation; therefore, if it should be decided that three chiefs shall be at the head of the Cherokee government, two of them, of course, would be from the late emigrants, and one from the old settlers ; and if these chiefs were s8lected with discretion, you will, no doubt, f1:lly agree with me, that peace wonld readily be restored to the Cherokee Nation: and is not the peace and security of the Cherokee people to be preferred to a further effort, on your part, to sustain a government tv which a large portion of your people are totally unwilling to submit; and in which they are not represented by a. single individual? This is the question yon have to decide, and I can as-.sure you that it is a matter of no small importance to the Cherokee people how yon decide it. You are uot to understand that I am authorized by the old settlers to suggest the terms on which they would be willing t_o enter iuto a union wi1h yon, yet I have veutured to make the for~go1ng remarks from the belief that they will not contend for more than they aro justly entitlEd to. 20 Doc. No. 129. Their chiefs, and a number of their principal men, were here of late (by an arrangement of their own), when they were prevailed on (as they would not attend yonr meeting) to make another proposition to unite with you, which is herewith enclosed; and if acc~?pted by you, will, I believe, at an early period, give quiet to the Cherokee people, whose condition will be more deplorable if rejected. If the proposition is accepted, I will fur-nish provisions for the con1mittees, and every accommodation in my pGwer to enable them to tram:act their business with comfort; and I can assure you· that no counsel will be given to any individual or party by myself, or those under my orders, unless c>tlled for by both parties. I have already fully communicated to you my opinion of the only proper means known to me to restore peace to the Cherokee people ; and I most earuestly hope that my views on this subject mny receive fro m yon the weight they are entitled to; and from the unfortunate sitnation of the Cherokee people for the last six months, and nothing having been done to alleviate their sufferings, it now becomes necessary that something should be. done, without further delay, to give them relief and quiet. I request that yon will favor me, at an early period, with the result ot your deliberations in relation to the subjects referred to in this communica-tion. I am, gentlemen, with great respect: your obedient servant, M. ARBUCKLE, Brevr_,t Brig. General, U. 8. A. JosEPH VANN, Assistant Principal Chief, und the late emigrant Ch~rokees, and others, at Tahlequah, near Illinois river. H£ADQUAl'l.TERs , 2n DEPT., W. DI VI S ION, Fort Gibson, January 14, 1840. Sm: Yon will (by my address of this date to the late emigrants and others) be informed of my opinion of the measures that are necessary to restore security and peace to the Cherokee people, and I greatly hope that your intended meeting will not adjourn without giving suitable atten-tion to this object. lf the proposition of the old settlers is accepted ·(and I am not informeel of any other plan that will give quiet to your nation, and that may fail if violent partisans are appointed on either or both sides;' yet the prospe-~t of success is certainly sufficient to render it highly import-ant that the tnal should be made), I request that you will cal! on me as soon as vonr meeting adjourns. · I am, sir, very respectfully, your obedient servant, M. ARBUCKLE, Brevet Brig. General, U. 8. A. JosEPH VAr'>N, Assistant Principal Chief rf the late emigrants, and others, near lllinois river. FnrEKns AND Br-oTHERS: I have again met you, according to our agreement made at this place on the 20th December, 1839. On the 27th of December, 1839, I attendt>d a meeting, at Fort Gibson, o{ the chie(s of the old settlers who were chosen at the Double Springs in Qctober last. This Doc. No. 129. 21 late meeting or council, at Fort· Gibson, was attended by several of ,the treaty or Ridge party, as it is called, anu by some of the cild settler~. J They have made proposition to the chiefs and headmen of this council, for the purpose of settling all differences between the parties which now divide the Cherokee people. I am authorized to propose, that the two parties appoint twelve of each, to meet at Fort Gibson, at ar.y time this council may name, for the purpose of "making Sl.Jch arrangemen~s for the future government of the Cherokee Natior1 as may be calculated to res~ore peace to the Cherokee people ;" and they "agree to abide the decision of said com-mittees." I herewith lay a copy of these proceedings before you; and as peace, and a union of all the Cherokee people, are much desired by all good men, and would be most pleasing to the President of the United States, I hope yon will give the proposition and proceedings a serious and unpreju-diced consideration. Brothers: 'fhe President of the United States has been informed, ,and I have understood, that the conncil held at this place in .July and .At1gust, 1839, passed a law or decree of outlawry against all the treaty pai'ty~ dis-qualifying them, for many years, from partaking of the benefit~ of .the Cherokee Government, as enjoyed by all the other Cherokees. Permit me to say to yon, my friends, that this is not the best way to reconcile and unite the Cherokee people. And I further inform you, that by very late instructions from the War Department, this decree is disapproved' of by the Government of the United States. For the sake of yourselves and the Cherokee people, for the sake of p~ace, for the sake of humanity, .and for the :;ake of' the wishes of the President of the United States, whose wishes you are · bound to respect, I earnestly hope that this council will abolish that harsh decree; and, in that hope, I have draw up a decree of oblivion and forgetfulness for all past political offences, and submit the same for your consideration. I have it from the mouths of several of the signers of the late treaty, that nothing short of this will satisfy them. You all profess to desire peace and union of parties : then let this be the first step towards accomplishing that great object. I have no more to say at this timr.. Your friend, l\'1. STOKES, Agent for Cherokee Nation.~ Whereas, a decree was passed by the Cherokee people, in natiorw.l 'con• vention, at the campground, near Illinois river, dated July, 1839, . in reference to certain individuals who, by their condur.t, had subjected them-selves to the .displeasure of the Cherokee people, and declaring them ineligi.: ble to office for five years: , Now, for reasons satisfactory to the Cherokee people, and to evince· to·· the Government of the United States their disinclination to involve their · ~ountry in a difficulty \•:ith the United States in a matter of s0 smtll , an Import : therefore, We, the people of the Cherokee Nation, in national convention assembled, . do revoke and abolish the aforesaid decree, and the same is hereby revoked and abolished ; and all persons who were affected by *~ provisions are de-dared to be entitled, under the constitution and laws of~ this _~.a.t~on, . to-the.. Doc. No. 129. same privileges, immunities, and protection, as provided for and enjoyed by other Citizens under the government of the nation. Dcne at Tahlequah, Cherokee Nation, this 16th day of January, 1840. JOS. VANN, . Assistant Pri11ci71al Chief. W. SHOREY COODEY, President National Committee. · For and in behalf of from sixteen to seventeen hundred adult Cherokee males, who voted in favor of the above; there being no votes in the negative. W·hereas, a meeting of the Cherokee people was agreed on and requested by the United States agent, and the assistant principal chief nnd others, on the 15th· instant' at this place, and general notification given throughout the country to all parties whatever, and requesting their prompt attendance, for the. purpose of ascert?.ining fairly and properly the sense and choice of a majority of the nation in relation to the snbject of their future government; and whereas, we, the people of the Cherokee Nation, having assembled under this caU, and haYing heard rend and interpreted the act o(union adopted by the eastern and western Cherokees, dated July, 1839, and the constitution framed by a convention composed of members from both parties, in pur-suance of the provisions of the aforesaid act, and being satisfied with the .same, we do hereby approve, ratify, and confirm the said act of union and consti1ution, and acknowledge and make known that the government based upon this act and t!Tis constitution is the legitimate government of the Cherokee Nation and of our choice, and that it has both our confidence and support. Done at Tahlequah, Cherokee Nation, this 16th day of January, 184.0. l· YANN, Assistant Principal Chief. W. SHOREY COODEY, President National Committee. For and in behalf of from eighteen to nineteen hundred adult Cherokee males, who voted in favor of the above ; there being no votes in the negative. T.AHLEQliAII, CHEROKEE NATION, January 17, 1840. SrR: rrhe national council, now in session, have again before tl-!em the communications submitted to the late meeting in December in relation to the difficulties among the Cherokees, and also the letter addressed to Gen-eral Arbuckle and yourself by John Rogers, John Smith, and Dutch, dated 27th December, 183~. 'l'he council in December did not believe that they could then make such a reply to the seyeral subjects embraced in the papers submitted hy yourself and General Arbuckle as would be satisfactory to your Government ; and, particularly, in reference to the decree of July, 1839, of which the Presi-dent had signified his disapproval ; and chose rather to defer their reply until the assemblage of the people on the 15th instant, as was then agreed. Doc. No. 129. "This decree \vas not the act of the legislative council, 'but o'f the people, ll.nd could only be rescinded by the same authority. · The assemblage ·of the peop1e has afforded the first and only opportunity for any proper meas-ure in relation to this matter ; and the enclosed papers will show their proceedings, both in regard to this as welt as the subject of their future government. The decree of July has been abolished by the people, and the voting was witnessed by yourself and Captain Page, who attended the meeting- at the request of General Arbuckle. It was passed prior to the act of union between the eastern and western Cherokees. and of course before the adoption of the constitution which followed that ~ct. In this constitu~ tion and all the legislation by the national council, there is no allusion qr reference to the decree ; nor is there a single word which marks a differ--ence or distinction with regard to the enjoyment of equal rights, privileges, and justice among all the Cherokee people. We regret the impression which seems to be entertained by the honorable Secretary that our laws or public acts authorize murder and "intestine commotions ;" and that yon may be fully satisfied of the truth of our denial, we forward you a copy oi the constitution and laws for your examination. . 'rhe sense and choice of a large majority of the Cherokee Nation in rela-:- , tion to the subject of their own local goverr:ment, yon will find fairly 'and ., correctly made known in the other enclosed paper, t~e voting on which._ yon also witnessed with Captain Page. 'l'he constitution, yon will discover, requires of all persons holding office to be sworn, and they are bound by oath to its support. It was approved and ratified by the people before the elections for officers, and it hns been again confirmed. How, then, can these officers or this council delegate twelve persons to meet at Fort Gibson, as proposed by Rogers and others, and pro-ceed by their act or bargain to alter or change the form or provisions of this government in opposition to the expressed will and choice of the majority. of the people '! The council cannot change this constitution, much less · can they bestow upon individuals the power to do so. 'l'here may be a small portion of our citizens who, from some circumstances, are dissatisfied, but it is not believed even that fact can justify the introduction of new diffi. culties and greater excitement, as would assuredly be the case, if a change of government is attempted merely to gratify a small number who are in op-position. lt is not admitted that those who signed the letter to you of December 27, are in truth chiefs of the western Cherokees. 'l'here are no western Clu~rokees in contradistinction to eastern Cherokees. They are all the s tme, inha'Jiting the same territory, and possessed of the same rights and the same interests. They are again made one people by the acts of the United States and their own. The meeting at the Double Springs last fall, which gave to these persons the name of chiefs, represented only the fe\v who were there, and not the people of the countqr. The usages and regu-lations of the old settlers, as prevailed while they were separate, did not legalize their acts. 'They were not observed ; the people sent no regular members to that council, and the few persons who attended there possessed no lawful right to act for them. The question in relation to the future government of the nation we consider settled. All has been done which seemed to be required on onr part, and the · people have spoken for them-selves. The wishes of the President have been complied with, as far as un-derstood, .and this council is not aware that any thing more can be done. The establishment of a regular government, a gmrernment of laws and not. Doc. No . . 1~9. :t>f; undefined regulations, has been our highest ~im, under which equal jus-··. 1ice.sbaU be meted to all, and the peace and Improvement of our people 'Secured and advanced. <1 Very respectfully, your obedient servants, · W. SHOREY GOODEY, ' President National Committee. YOUNG WOLF, Speaker National Council. J. VANN. Assist~nt Pri11cipal Chief. DAVID CARTER, Clerk Council . . M. STOKEs, Esq., United States Agent. TAHLEQUAH, CHEROKEE NATION, January 17, 1840. Sm: The meeting of the Sherokee people, under an agreement for their assemblage with the United States agent, has taken place, and your com-munication of the 14th instant, with other papers, in relation to the differ-ences in the nation, read, interpreted, and duly considered. The two enclosed papers will show the acts and proceedings of this meet-ing with regard to the decree of July, 1839, and the subject of the govern-ment of the nation. The decree was the act of the people who convened in July, and could only be removed by them, the national council having no authority to set aside an act adopted by the people; and this, it is hoped, will explain to you why the council in December did not act. upon the sub-ject, and chose rather to defer a reply to the honorable Secretary's commu-nication until this time. The council could not then make snch a reply as would be satisfactory. You will perceive that the decree bas been abolished, and that equal privileges and equal justice are secured to all, without exceptions of any kind. We regret the impression which seems to have obtained, that our laws authorize 1nurder and intestine commotions ; and in order that this error may be corrected, and that the Government and its public officers may be satisfied that such is not the case, the agent has been furnished with a copy of the constitution and laws. 'l'here is no wish to oppress any portion of our citizens, or to restrict the enjoyment of natural rights; on the contrary, efforts have been, and will be, used to maintain harmony and the culture of friendly intercourse among all the people. The other enclosed paper will show the will and choice of the great body of the nation in reference to our own local government. The constitution and new government have been again approved and confirmed; and upon both questions the vote of the people was witnessed by the agent and Cap-tain Page, of the fairness of which they can themselves state. It is believed that the views and wishes of t!1e Government have been complied with as nearly as possible, and that all has been done which could ·be to restore quiet to the country. It is desirable that peace should prevail, and there is nothing to prevent it, unless the continued opposition of a smalluumber to the known will and feelings of a large majority of the people should defeat this expectation. As . Doc. No. 129. it regards the proposition of John Rogers and others for the appointment of a committee to meet at Fort Gibson, it will be proper to state that all wh~>hold office are required by the constitution to be sworn to a faithful dis--charge of the trust reposed in them; and an effort to destroy or change the · provisions of this instrument, otherwise than by the mode prescribed, would, be more than any are inclined to attempt. 'l'his council cannot change or-alter the government, and, of course, could not bestow upon a committee-~nch authority. The frightful picture of crimes and proscription wqich accompanies the proposal, is altogether ideal, and the style of chiefs used by-the signers gives neither weight nor authority. The appointment of those-persons at the Double Springs was not in conformity with any provisions,.. usage, or regulations; nor is it approved or sustained but by the very limited number who were there; and it may be properly said they represent only themselves. The complaint that the old settlers are not represented in the· new government we think ill-founded, when one of the two chiefs, and near one-half of all the officers of the government, are old settlers. The great object songht after in framing the government was a regular system of Jaws. equal rights, and equal justice-a system suited to the wants and improved -condition of the people; and their proper execution cannot but tend to the preservation of order, and the promotion of the g-eneral welfare. It is our earnest dr.sire that the Government of the United States may be fully satis-fied of the peaceable disposition of all the Cherokee people, and that there does not exist any inclination, whatever, to disturb a friendship extending back to the administration of the first Presider.t of the United States, and which we are taught by every day's experience it is onr interest to cheri:o:h: and maintnin. . The reports which have reached you that several of the treaty party and their relatives have been forced to leave their homes, in consequence of attempts to murder them, we are confident in stating-, are entirely incorrect" No such attempts have been made-neither by the late emigrants nor-others; and we are satisfied that these reports have been founded either t~pon false fears or a settled design to keep up excitement by their propaga.-tJOn, and ought, in jnstice to the nation, to be cautiously received. We have the honor to be, very respectfully, your obedient servants, :M:. ARBUCKLE, W. SHOREY COODEY, President of National Committee •. YOUNG WOLF, Speaker of National Council. J. VANN, Assistant Principal Chief ..DAVID CARTER, Clerk of Council.. Btevet Bt·igadier General, U. S. A. , Doc. No. 1 ~i9. TaHLEQUAH, CHEROKEE NATION~ October 12, 1839. Whereas, a national convention of the people of the eastern and western C herokees was assembled on the first day of July, 1839, for the purpose of forming a union of the two communities (brought together by the late removal of the eastern Cherokees), and of adopting measures for the pres-€rvntion of order and the advancement of the general welfare. And whereas, the desired union has been consummated by general consent; and, by the conditions of said union, "all rights and title to public Cherokee Janas on the east and west of the river Mississippi, with all other public interests which may have vested, heretofore, in either branch of the Cher-okee family," are declared, "henceforward, to vest, entire and unimpaired, in the Cherokee Nation, as constituted by this union." And whereas, various important questions, ar.d much business with the Government of the United States, both of a public and private character, remain in an unsettled statf', and require to be definitively adjusted as early as practicable : therefore, Be it enacted by the national council, That John Ross, principal chief, W. Shorey Coodey, Edward Gunter, Richard Taylor, Joseph M. Lynch, Looney Price, John Looney, Elijah Hicks, and Jesse Bushyhead, be ap-pointed a delegation to represent the Cherokee people before the Govern-ment of the United Stutes; and that they be, and they are hereby, vested with full powers to enter into arrangements with the Government of the United States for the final adjustment of all matters mutually interesting to the United Stutes and to the Cherokee people. Be it j11rther enacted, That the nbovenamed John Ross, W. Shorey Coodey, Edward Gunter, Richard Taylor, Joseph M. Lynch, Looney Price, John Looney, Elijah Hicks, and Jesse Bushyhead, be, and they are hereby, authorized to apply to the Government of the United States, or to the proper officers thereof; for all sums of money due or which may become due to the Cherokee Nation, on any account whatever, aud tore--ceive and receipt for the same for and on behalf 11f the said Cherokee Nation. And be it further enacted, 'I'hat in case of vacancy in the aforesaid .delegation, the principal chief of this nation, be, and he is hereby autho-ll'ized to fill such vacancy by appointment. W. SHOREY COODEY, President National Committee. Concurre YOUNG WOLF, ~peaker National Council. J. M. LYNCH, Clerk, pro tern. , DAviD CARTER, Clerk to National Council. Approved. JOHN ROSS. WASHIKGTON CITY, December 31, 1839. The compliments of the undersigned, representatives of the Cherokee 4>eople, to the Hon. Joel R.. Poinsett, Secretary of War, and beg leave to report their arrival in the city on business of the Cherokee nation with.. Doc. No; 129. 27 thP United States Government. The delegation ..,:onld be happy to pay tilei r personnl re~pec ts to the Hon. Secretary of War and the President of the United States at such time as they may be pleased to desig-nnte. We h•wc the lwnM to be, sir, ,·ery respectfully, your obedient humble ~r v· n:s, JOHIS ROSS, JOSEPH M. LYNCH, LOON'EY PRICE, ELIJAH HICKS, EDWD. GUNTER. G EO. HICKS, . ARCHD. CAMPBELL, x JOHN LOONEY, x \VAR DEPAR'l'l\'IENT, January 2, 1840. The Secretary of War is instructed by the President to say, in reply to the Cherokees claiming to be the representatives of that people, and ex-pressing their desire to pay their personal respects to the President and Secretary of War, that, until :'l full investigation lrns been had of all the circumstances attending the fonl and cruer murders lately perpetrated in the Cherokee country upon the innocent and unoffending chiefs, the Ridges and Boudinot, the Government will hold no communication with John Ross. The Secretary of War will receive the other members of the delegation to-morrow at 1 o'clock. J. R.. POINSETT. \V ASHINGTON GITY, Jauuary 3, 1840. S1R: The undersigned, a portion of the delegation from the Cherokee Nation, have the honor to acknowledge the receipt of your communication of yesterday; they regret to learn that the Government has determined' " to hold no communication with John Ross, the principal chief of the nation," until a full investigation has been had of all the circumstances attending the foul and cruel murders lately perpetrated in the Cherokee GOnntry upon the innocent and unoffending Ridges and Boudinot. If an investigation had been made, and the gnilt of Mr. Ross had been established, or even if pregnant circumstances of suspicion had been ex-hibited upon a fnll and impartial examination of the case, the undersigned would hrtve felt no surprise at the view indicated in your communication: when such investigation shall be instituted, Mr. Ross 'viii be prepared to meet it. None such, however, has yet been made, and ignorant as we are of any circumstances that can fix upon Mr. Ross any participation in the acts of which he is thus at least impliedly accused, it appears to us that, inde-pendently of other reasons for our course, it might appear that we lent our snnction to the charge if we were, under existing circumstances, to accept the invitation you have been pleased to offer, of waiting upon you to-day to the exclusion of Mr. Ross, one of the constituent members of the delegation. Doc. ~o. 129. ' Having averred our ignorance of the grounds upon which Mr. Ross has been thus gravely and publicly accused, we hope we shall not be considered as going beyond the strict line of our duty if we request that you will fur-nish to us the names of .Mr. Ross's accusers, and the evidence which has: been exhibited to the department, implicating him in the acts to which yon have alluded. We have the honor to be, sir, your obedient humble servants, JOSEPH M. LYNCH, ELIJAH HICRS, EDWARD GUNTER, ARCHIBALD CAMPBELL, Hon. JoEL R. PoiNSETT, Secretary &j War. In behalf of others. WASHINGTON Crrv, January 3, 1840. Sm: The undersigned had seen, with pain and astonishment, the refer-ence to him by name as connected with recent disturbances in the Cherokee country in your recent official report; with similar feelings he has perceived that he is, by strong implication, accused by yon in your communication to those associated with him as delegates from the Cherokee Nation to this Government, of having participated in the murders of the Ridges and Bon-dinot. The· grounds upon which so serious an accusation has been thus· preferred by so high an authority as yourself, are unknown to the under-signed; but he ca~nnot but presume them to be strong in themselves, and emanating from a credible source before they would have been deemed suf-ficient to justify so weighty a charge and such confidence in its truth as to lead to an ignominious exclusion from participating in the important public business intrusted to him, in conjunction with others. 'l'hese circumstances. impose upon me n duty, and, I conceive, confer upon me a right, to call for the names of my accusers, and the evidence upon which my name has been thus associated with acts of which I was, at the time, entirely ignorant, and of the guilt connected, with which I am absolutely innocent. I have the honor to be, sir, very respectfully, your obedient servant, JNO. ROSS. Hon. J. R. PoiNSE'l"r, Secretary of War. WAR DEPARTMENT, January 4, 1840. The undersigned has received the note of the Cherokee delegation de-clining the invitation tP.ndered to them, and asking to be furnished with the name of John Ross's accusers, and the evidence which has been exhibited to the department implicating him in the acts to which allusion was made, , meaning, as the undersigned supposes, the cruel murders committed in the Cherokee country. Doc. No. 129. 29 'l'he evidence which has led this department to regard John Ross as the instigator and tl)e abettor of those foul deeds of blood: as he is confessedly the defender of the murderers, shall be produced in the progress of -the in-vestigation which bas been instituted. In the meantime, it is the tmalter-;.tble determination of the department, to hold no communication with him. From the remaining portion of the delegation, the undersigned is ready to receive any communications relating to the business which has brought them to Washington; but will hold no further correspondence with them in reh.ttion to John Hoss. J. R. POINSETT. JUNE 9, 1838. We have heard with intense emotions, yonr address of the lOth of May. We have, with more or less distinctness, heard rumors of subsequent orders, and of their execution. Yve have considered them with all the seriousness and care of which we were capable, and which their portentous character de-mlmds. A most formidable military force is arrayed against us-for de-clining to comply with the requirements of the instrument of New Echota. If t~s be a crime, sir, it has been committed in the honesty of onr hearts1 and m pursuance of the principles of justice, in which we have been in-structed by your own most honored chiefs. But, sir, we do not appear before yon in this our humble address to discuss the merits of that com-pact, which, even under the most appalling circumstances, we dare not in conscience recognise in any other character than that of a fraud upon the United States, as well as upon the Cherokees. ·we approach you, sir, in the character of individuals of a besieged nation. We offer no resistance to your troops. We seek not to hide~ ourselves by flight; we are at aU times accessible, as you have had ample proof; we are entirely at your mercy; we are altogether in your hands. But, srr, bad as our condition is, we cannot but rejoice tJ.mt we have fallen irlto the hands of a commander who can appreciate our feelings, as lovers of OlH country, and lovers of right; w•e venerate the virtues of the patriot chieftain, whose life has been hazarded in defence of his country's rights; who has braved the terrors of the battle field, in defence of the very principles to which we humbly pre-sume to cling. We respect the humanity which breathes through your orders, the care for our comfort which they evince, and the deprecation of destruction of the Cherokees which they express. · In this dark hour it is consoling to be told, that our father the President has commanded the duties with which you are charged to be executed in mercy, and that " such is the wish of the whole American people." It is consoling, also1 to perceive that the same sentiment is expressed in the ·rresideet's communication to the Governors concerned, and in the opinion of the Secretary of War, approved by the President, and by him laid before Congress, as well as in the honorable Secretary's letter to yonrself of the 23d of May. Indulging, also, the assurance f>f your own good feeling toward our peo· ple, as well from your commnnications as from the !mown magnanimity .aud generosity of your character, we cannot but entertain the hope, that 30 Doc. No. 129. this Otll' humble address will meet with your favorable regard, especially as our requests are -in perfect conformity with the expressed sentiments of high functionaries of Government, and the whole American people. -Our request, sir, is this: that the capture and emigration of our people may not be executed with so much haste at the present season of the year, as threatening an amount of suffering, disease, vnd death: so frightful as to excite forebodings little short of the extermination of our whole race. •rhe journey to Arkansas has often been performed from this country ; our peo-ple are well acquainted with the results which have uniformly attended it. Under favorable circumstances, in healthful seasons, with willing emi· grants, and in numbers so small as to admit of their being immediately accommodated by their friends with shelter from worst e'tfccts of the insa-lubrity of the climate, an alarming amount of sickness and death has been the constant attendant. Aml what can be expected, if the remainder of sixteen or seyenteen thousand souls be captured in one day and sent off at once in this sickly season? In complying with this our most importunate request, we can conceive of no disadvantage which it would occasion to the service with which you are charged, as the business of capturing our whole people can be effected any day you may be pleased to order it. With regard to those already made prisoners, our request is, that they may be jndulged with the privilege of a parole until the sensor, will admit of their emigrating with greater security to their health. With regard to the faith· ' ful observance of the parole, we are willing to pledge ourselves to guarP ~ty their punctual appearance at the time you may prescribe; and if you should think the guarantee of the national council necessary, we hesitate not to say, that it shall be given as early as a session can be convened. We ask for no delay that can in the least interfere with the measures of Government, as expressed in the documents referred to. It is very evl· dent, sir, that the emigrants, if taken off at this time, will arrive there at the commencement of the sickly season. They will have no shelter, no furniture, 'few tools, and no health to use them, so as to prepare for their own comfort and that of their families; so that they will be exposed through the whole season to the ravages of that sickly climate; whereas, in the fall: they would arrive at the commencement of tl1e healthy season, which would aflord them opportunity to provide for the comfort of the!pselves and families. To be taken by thousands from this healthful country, and set down on the banks of Arkansas in the month of July, or to be detained on that sickly stream on account of low waters, f.d, and 2. That the families and individnals so ccllected, or who have volun-tarily con1e iu, may not be sent off to the west of the Mississippi before the next antHil\ll. Under my instructions from the President no delay or relaxation can be permitted in the collection of the whole Cherokee people east, preparatory to their carl y emigratiou west. Iu re~pect to the second proposition, I am disposed to grant indulgence, if the chiefs aud headmen present will give me a written pledge for themselves and the other chiefs and headmen C'.bsent, to the following conditions: 1. That each will discounteuance and suppress, amoug the Cherokee people, tile idea that there is the slig-htest intention on the part of the United States to suspend tiJC emigration beyond the 1st of September next, for in all that mouth, it is my solemn expectation and purpose to put in ~no~ion from the emig-rating- depots, every J of the President of the United States, in order to their transporta-tion from the land of their fathers to the "'est of the river Mississippi, in execution of the alleged stipulations of an instrument purporting to be a treaty made at New Echota in 1835, but against the validity of which .the Cherokees have always earnestly protested: And whereas, .Major General Winfield Scott, having the execution of this -order in charge, had actually commenced their transportation, but from motives of humanity was pleased kiNdly to entertain the memorials pre-sented to him by a part of our people on behalf of the whole, and in com-_pliance with their prayer magnanimously agreed to suspend their further transportation until the 1st of September: And whereas, our delegation has just returned from Washington city, and · having important suggestions to make to the commanding general, under a special understanding with the honorable Secretary of War, in reference to the removal of the nation to the west, have submitted the matter to this council for advice : Resolved, therefore, by the National Committee and Comtcil and People of the Cherokee Nation in Ge11cral Council assembled, 'rhat it is the decided sense and desire of this general council that the whole business of the emi-gration of our people shall be undertaken by the nation, and the delegation are hereby advised to negotiate the necessary arrangements with the com-manding general for that purpose. Rif'h 'l'nylor, Pres. Nat. Com. •· Hicks James D. \V afford Samilel Gunter Glass Softshell Turtle Beanstick Small Back Doc. No. 129. 35 Thomas Foreman Hare Conrad John F. Baldridge George Hicks William Proctor James Hawkins Na-hoo-lah Kalahsatchee Tsu-noo lah-hu-ski Old Fields Stephen Foreman, Cl(rk of the Committee Going Snake, Speaker of the Council John Watts White Path The Bark James Spears John Otterlifter John Keys AQ.uoHEE CAMP, July 21, 1838. Sitewakee Colonel Coon Taquo Tsu-wa-loo-kee Charles Peter Money Cryer Moses Daniel William L. Holt James McDaniel David Sanders Ooyakee Catcher Weelookur Oo-ya-la-ca tle 'l'e-sau . you -hee Robert Mnskrat Thomas Mannon George Bramer Tanaee Fouornee Ahtoheskee Resolved by the Committee and Council and peo]Jle in Geueral Coun-cil assembled, That Messrs. John Ross, Richard 'l'aylor, Samuel Gunter, Edward Gunter, James Brown, Elijah Hicks, Sitiwagy, and White Path, be and they are hereby authorized and fully mupowered, on the part of the Cherokee Nation, to make awl enter into any and all such arrangements with Major General Winfield Scott, on the part of the United States, which they may deem necessary and proper tor effecting the entire removal of the Cherokee people from the east to the west of the Mississippi river ; and also to enter into such further arrangements with the commanding general, in relation to the payment of such sums of money by the United States, as may be n·ecessary lor the removal and subsistence of all the Cherokee peo-ple. And t!Jey are hereby further authorized and empowered to make any such selections of persons, as they may deem necessary, to aid and assist in the said removal of the Cherokees to the western country. AQ.uOHEE CAMP, July 26, 1838 . .Richard Taylor, President Na-tional Committee. James Wofford John F. 'Baldridge Samuel Gunter George Hicks Thomas F'oren:an Old Fields Hair Conrad George Still James Hawkins Nahoolah Choonooloohusky Elijah Hicks William Procter I\atoosatihu Stephen Foreman, Clerk Nat'l C;wnmitlee. 36 Doc. No. 129. Going Snake, Speaker National Cou11cil. James Spear John Watts Smallback Wuhachee The Bark Money Crier Oolenowea Bean-Stick John Otterlifter Welukah Kalachu 'fuff Oosnnale Chulasky Lying Fish John Keys White Path Charles Chuwalooky John Wavne Siliwakee· Peter Sweet W ater Taquah Raclmon Jesse Bushyliead. • I Clerk Nativnal Council. Ned Michael Bridgen,alwr Ooqualooky Tanae Toonowce Ooyalagatte ln behalf r!f' all the people. Approved. JOHN ROSS, Prinr,iJ'al Chief. GEORGE LOWRY, Assi:st't Priu. Cltief LEWIS ROSS. EDWARD GlfNTER. J:::rccuth;c 'cuuncil. Whereas, the General Council of the Cherokee t\ation did, on the 26th d&y of July, by a s,pecial resolution, authorize the tmdersif~ned to enter into, in be!mlf of the nation, such ttrrangemcnts with Major General Winfield Scott 11s were deemed necessary and proper, to place in tile hands of the Cherokees th e entire control and management of their emigratio11 west of . the M:ssis~ippi : and whereas, the said arrangements having l;ccn entered into aud the whole management of the emigration eomlllittccl to the under· signed, nnd it being extremely desirable that there may Lc no delay in tbe preparatory arrangements for removal, and in order to expedite the comple-tion of tile same ;·therefore, it is by this committee, in bc lwlfofthe nation, determined that Jo!Jn Ro~s be, and he is hereby, fully nnthorizcd nnd em-powered to make such requisitions for money, as from ti me to time he may deem necossarr for the Cherokee emigration, upon such officers of the United Slates Government as may have the control of funds for this service, nnd to receipt for the same for the Cherokee Nation. CHFIWKEE A c"NCY; A11gust 1, 1838. RICHARD 'J'AYLOH, SAMUEL GUNTER, EDWARD GUNTER, JAMES BROWN, ELlJAH HICKS, Sl'l'IWAKEE, WHITE PATH. Doe. No; 1.29. 37 Whereas, the title of the Gherokee people to their lands is the most a.n-cient, pme, and absolute, known to man ; its date is beyond the reach of humau record; its validity confirmed and illustrated by possession and enjoyment, antecedent to all pretence of claim by any other portion of the human race: And whereas, the free consent of the Cherokee people is indispensable ·to a valid transfer of the Cherokee title; and whereas, the said Cherokee 11eople have, neither by themselves nor their representatives, given such consent ; it follows, that the original title and ownership of said lands still rest in the Cherokee Nation, unimpaired and absolute: Resolved; therefore, by the Committee and Council and People of tlte Cherokee Nation in General Council assembled, That the whole Chero-kee territory, as deseribed in the 1st article of the treaty of 1819 between the United States nnd the Cherokee Nation, and, also, in the constitution of the Cherokee Nation, still remains the rig-htful and undoubted property of the said Cherokee Nation; and that all damages and losses, direct or indi-rect, resulting- from the enforcement of the alleged stipulatious of the pre-tended treaty of Kew Echotn, are, in justice and ec1nity, chargeable to the account of the United States. And whereas, the Cherokee people have existed as a distinct national community, in the possession and exercise of the appropriate and essential attributes of sov~rcignty, fOSt. A company of light horse was orga.nized, consisting of a captain l~eute~1ant, aml twenty men~ wh0se duty Jt was to carry these resolu-tiOns wto effect, and the signers bound themselves to render all assistance in their power. · · I have the honor to be, very respectfully, sir, your most obedient servant, GEO. A. McCALL, General M. ARBUCKLE, Captain 4th Infantry. Commanding, c}·e., Fort Gibson. True copy. S. G. SIMMONS, A. D. C. and A. A. Adj't Geu., 2d Dept., W. Division. PARK IirLL, QnERon:EE NATION, May 4, 1839. DEAR Srrt: Your deputation appointed to accompany Captain McCall to Camp Illinois on the 4th ultimo, for the ptlrpose of investigating a cer~ tain report rclativP- to the hostile movements of certain Cherokees, make the following r8port: Agreeably to your instructions, we accompanied Captain McCall to Camp Illinois. On our way, we called on .T. Nicholson, one of the indtviduuls said to be conllected with John Smith and David Webber in Jlrocuring the names of Cherokees for the purpose of aiding-them in attacking the fort. J. l':ichol~on denied, in the most positive terms, having any thing to do with snell matters, or knowing any thing- about them. He also stated that be had not even seen Smith and Webber for some time previous. From Nicholson'", according to instructions, we went to Mr. J. Bushy-head's; but not finding I1irn at home, we proceeded on to the fort. When we arrived, we found that Captain McCall had sent for Mr. Mosely, the certain Indian countryman who, it seems, was the author of this war re~ port. But for some cause, not Jmown to us, Mr. Mosely did not make his appearance until the morning following our arrival. 'Ve questioned him relative to the statements made in tlw report to General Arbuckle, and found that his verbal statements to us agreed in every respect to that made in the wri1ten report. He stated, however, that he was not personnlly nc~ quainted with S!11ith, but was told by some person present that one of the men was John Smith. Mosely's wife was at the fort the evening we arrived. She said she had not seen Smith at all. It is rather mysterious that Mose-ly does not wish to have his nanw known in this affair. How much dependance is to be placed on his statement~:, others wiU have to decide; from all accounts, he is a mnn of a bad character. In 44 Doc. No. 129. conclusion, we are happy to state that we discovered nothing but marks of peace and quietness in that ~;ection of country. W. S. ADATR, S1'EPHEi\ FOREMAN. JouN Ross, Esq. PARK HILL, J1ay 4, 1839. Sm: I had the honor to receive your favor of Aprii 29th, by Captain McCall, communicating a report of hostile movements on the part of cer. tain Cherokees, made to Captain Trenor by an Indian countryman. It would have given me great pleasure to accompany Captain McCall to the camp, ngreeably to your wish, but the pressure of indispensable busi-ness, connected with the emigration, rendered it impracticable. Two cill· zens, however, of standing and intelligence, were appointed to that service. F'rom the result of their inquiries, it appears that tbe evidence on which the reports are based, is still involved in an unpleasant obscurity. Since the report of April 25th, from the officer commanding at Camp Illinois, the ground of alarm has been changed. The attack from Sitewakee and the mountain Indians, apprehended "from information w!t ic!t cannot be que:s-tioned,'} is not noticed, or only mentioned incidentally; bnt other reports are assigned as good cause to apprehend an attack from another quarter. The state in which the matter now stands, is quite an embarrassing one-the names of individuals are privately handed C~bout as projectors of hos-tility, and their reputation injured, without the opportunity to defend them· selves, while their accusers are, hy an injunction of secrecy, to some extent imposed on the investigators, screened from responsibility; and the United Stales service under your commat1d, and the Cherokee people: are both ex· posed to serious injury from the covert practices of wicked and desig-ning men. On the whole, I cannot bnt think it due to the Cherol\ees, that a full and impartial investigation should be had. I htwe the honor, therefore, to reqnest tbat you will cause John Mosely and the other informants to be forthwith brought before yourself, as the commanding general and the superintendent of Indian affairs, for examination. Mot of the persons accused have long been residents in this country, biH steps will be taken to have them summoned to appt~ar, at such tim.:: as the inv~stigation may take place. I have the honor to be, most resprctfully, sir, your obedient '>ervant, JOHN ROS. Principal Chief. Brig. Gen. ARBUCKLE, United States Army, commandiug. P. S.-I have herewith enclosed you a copy of the report made by the Cherolwe deputation who accompauied Captnitl McCall to Camp I llinois. ILLINOis, April 28, 1839. Sm: vVh~n I had the hon0r of a personal interview with yon on the 26th in:;,tant, at headqunrters, on t!te snbject of yonr communicatton of that date, relative to Lieutenant Hammond's report of the 2.)th, to General Doc. No. I 29. 45 Arhnckle, l iuformcd you and the general, that although I was fully satis-fied in my own mind of the incorrectn~~s and absurdity of the tale, yet I had deemed it dne to propri(!ly nud jnstice to despatch Captuiu Old Fields forthwith to Camp Illinois and its viclrJity, for the purpose of ascertaining as far as practicable the facts npon whrch it was based. I have now the satisfaction of informing yon that Captam Old Fields returllfd on last evening, and has brougtrt me a letter from the Reverend Evan Jones, who, being at Mr. Jesse 13u~byhead's house, had been requested by me to ac-company C.1ptniu Old Fields to Camp Illinois, to see the officer in com-mand of that post concerning the report. Mr. Jones states, that Captain Old Fields and self reached Camp Illinois in tlw night of the 26th, aiJd on inquiry of Lienten;ll1t Hammond, commanding, was informed thnt an in-dit·idual (wlto of which, a committee was appointed to proceed with Captain McCall to Camp lllinois to investigate, 46 Doc. No. 129. the several reports. The report of that committee has just been received, and I enclose a copy by this conveyance to General Arbuckle, with a re· quest that Mosely and the other informants be forthwith brought before him and yourself for examination. I also be~ leave to call your attention to that report, and to urge the importance of a speedy compliance with that request, as the means of allaying unnecessary excitement. I have the honor to be, sir, very respectfully, your obedient servant, JNO. ROSS. HEADQUARTERs, 2o DEPT., "VV. DIVISION, Fort Gibson, May 15, 1839. DEAR S1R: From your remarks to me a few days since at this post, in relation to Mosely, who had charged John Smith, and others, with having made an attempt to raise a party of Cherokees to attack the troops at Camp Illinois, a11d perceiving by your letter to me on that subject, that you had not promised to summons the accuser of Smith, and others (a fact that escaped my attention when I last wrote you), I therefore send instructions to Lieut. Hammond, to summons the accuser, and to send Mosely to this post; and in the event of his arrival here, intended to notifv you of the cir-cumstance, that the party accused might be required to attend. Lieut. Hammond informs me that Mosely is the only accuser, and that he has fled for Georgia (as he is informed): therefore, it will not be neces-sary that you should give yourself any further trouble in relation to this matter at present. I am, sir, with much respect, your obedient ser,rant, JoHN Ross, Esq., M. ARBUCKLE, Brevet Brig. General, U. S. A. Principal Chief of the Cherokee emigrants, Illinois. P. S. I have received your letter of the 14th instant, with a copy of one to you of the 13th from Mr. John R. NicholsoH, who, I must believe, is totally deceived in relation to it being the intention of a company of volun-teers to enter the Cherokee Nation with the object of apprehending him and others ; and although I apprehend nothing of this kind, l will, by the present mail, and otherwise, take measures to prevent any such circum-stance from taking place ; but I repeat that I npprehend nothing of the kind. M.A. An Indian countryman, who wishes his name concealed, made to Captain. T rcnor, 1st dragoons, in the presence of other officers of the army, the following report : 'l'hat John Smith, David Webber, and Nicholson, called on him, and · requested·him to put his name to a paper, containing already the names of a great many, for the purpose of redressing some wrongs; among other things, stating that they were debarred from whiskey, and that the time was come for maldng a commencement of hostility somewhere ; that the little fort was the first place for it, as they cou.ld easily overpower the troops Doc. No. 129. 47' there, and obtain an abundance of ammunition. Webber and Smith were the spokesmen of the party. They mentioned the death of three Indians, killed in the old country (mountains of Carolina), and swore to have satis-faction. That the death of the Indians was caused by Lieut. H:unmond. Captain Trenor's informant thinks a Mr. Quentine (white) is attempting to rouse the Indians, and says that he can raise one hundred Indians, and take the fort (Camp Illinois); that he had been badly treated, aud would be-revenged. True copy. E. TRENOR, Captain, commanding~ S. G. SIMMONS, A. D. C. and A. A. Adjt. Gen., 2el Dept., W. Divisionr HEADQ.UARTF.Rs1 2o DEPT., W. DIVISION, Fort Gibson, May 8, 1839. DEAR S1n: I am very thankful to you for your letter of the 4th instantr and the report accompanying it; and as you remarked, "it is hm due to the Cherokees that a full and impartial investigation should be had," in which I fully concur, and I would therefore be much gratified to have the parties concerned (the accusers and the accused) assembled at this post nt any time between the 15th and 20th of this month, as best snits your convenience. I had hoped to receive before this, a communication from you in relation to the two negro men claimed by Colonel Wellbourne, of Aliibuma, and now in the possession of the late Catharine Vanght. 'rhe Government may already thiuk me inattentive to this matter, and I ar.1 therefore desirous of hearing from you in relation to it at nn early period. I am, sir, with great respect, your obedient servant, M. ARBUCKLE, Brevet Brig . General, U. S. Jl • .JonN Ross, Esq., · Principal Ckief of tlte emigrant Clterokees, Illinois. P. S. You will herewith receive a copy of Captain McCall's report. M.A. FoRT GmsoN, May 16, 1839. DEAR Sm: I wrote to you yesterday by mail, aud address~d the letter· to Park Hill post office, in which I informed you that Mosely had fled, and· therefore that Smith and others would uot be expected to attend at this post, and that there is no probability of a company of volunteers (from Ar-kansas) being sent into the Cherokee Nation in haste. I am, dear sir, with much respect, your obedient servant, M. ARBUCKLE. JonN Ross, Esq., illinois. 48 Doc. No. 1.29. FrtiEl\DS: Through the mysterious dispensations of Providence, we have been permitted to meet in generr.l council on the border of the great plains of the West. Although many of us have, for a series of years past, been separated, yet we have not and canuot lose sight of the fact, that we are all of the household of the Cherokee family, and of one bicod. We have already met, shook hands, and conversed together. In recognising and embracing each other as countrymen, friends, and relations, let us · ki1~dle onr social fire, and take measures ior cementing our reuuion as a JHttiou, by establishing the basis for a government suited to the condition and wants of tile whole people, whereby wholesome laws may be enacted and administered for the secmity and protection of property, life, and other sacred rights, of the cornmuuity. Our meeting, on this occasiotJ, is fnll of interest, and is of peculiar importance to the welfare of om people. I trust, therefore, that harmony and gooJ understanding will continue to prevail, and tl1at the questions which may come up for consideration will be ma-turely weighed previous to a final decision. Friends: On the 8th of December, 1836, I had the satisfaction, with other delegates who were associated with me, of meeting onr Western brethren in wuncil, held at To\untusky1 and submitting before them the procecdinsrs of the Cherokee N:1tion cast, in general council held at Red Clay on the 28th September, 1836, and of receiving the unanimous approval of the council of the western Cherokees to tht) same; and also of being associated with a delegation a1•pointed by them for the purpose of co operating nnd uniting with us in a joint effort to negotiate a treaty with the United States, tor the best iutcrests of tte whole Cherokee people. The joint proceeding-s of these delegations, and the result of the mission, have been fully made !mown to you. Since that period, the eastern Cherokees have done no act to compromit or detract from any of the sentiments expressed in relation to thosp matters. Bnt after the seiznre and captivity of the whole Cherokee jJeop!e east, by the militrrry power of the United States Government, a set of rcsolntions was adopted in general conncit expressive of their senti-ruents, and reaffirming nit their previous acts in relaiion to the rights and interests of the nation. From these facts, it wilt be clearly seen that the great body of tbe people who have recently been removed into this coun-try, emigrated in their national character, with all the attributes, from time immemorial, which belong-ed to them as a distinct community, and which they have uevcr surrendered; and, although being compel led by tile strong arm of power to eome here, yet, in doing so, they have not tre~passed or in· friuged upon any of the rights and pririleges of those who were here pre-vious to themselves; becrruse it is evident, from the facts of the case, that the right:> and privileges of the people are equal. Notwithstanding the late emigrants removed in their nationnl capncity, and constitute a large nm-jorit~·, yet there is no intentiou uor desire on the part of their representatives to propose or require any tiliug but wlwt may be strictly equitable and just, and satisfactory to the people. Being persuaded that these feelings will be fJI II:~' reciprocated, I trust that the snbjeet-mnttcr of this council wm be re · ferred to the respective representatives of the eastern and western people ; and that, in their joint deliberations, we may speedily come to some satis-factory conclusion for the permanent reunion and welfare of ou~ nation. Without referring in detail to our acknowledged treaties, and other docu-mentary facts to show, I will conclude by remarking that there are great interests of a public and private character yet to be adjusted with the Gov-Doc. No. 129. 49 ernment of the United States, and which can only be secured by a just and . amicable course on the part of our nation. The injuries and losses sus-tained by the nation from the whites, in violation of treaty stipulations, holds a strong claim on the justice of the people and Government of the United States, which it is to be hoped will, in the end, be remunerated. The ten-ure of the soil on which we now stand, and the relations which shall here-after exist between our nation and the United States, are questions of the first magnitude, and necessary to be understood and clearly defined by a genera! compact, for the security and protection of the permanent welfare and happiness of our nation. Let us never forget this self-evident truth-that a house divided against itself, cannot stand; or, c: united we stand-divided we fall." • JOHN ROSS. JUNE 10, 1839. T AKAT'rOKAH, June 11, 1839. The national council is unable to act understandingly upon the proposi- 1 tions of our brother emigrants from the eastern Cherokee Nation. The subject seems to have been too ambiguously presented by them to be un-derstood what their views and real wishes are. The national council re-spectfully r~.;quest that the chiefs would ask Messrs. Ross and Lowry to state, in writing, what they really wish and desire, and to give them in in as plain and simple a manner as possible, in order that no misconstruction can be had upon the snbject. After which, the council will act upon it according to your request, and, if possible, to the satisfaction of our brothers. Messrs. JoHN BRowN, JoHN LooNEY, and JoHN RoGERs, A.M. VANN, President National Council. WM. THORNTON, Clerk. Chiefs Cherokee Nation. We hand this to Messrs. Ross and Lowry, and hope the request of the council will be complied with as soon as convenient. JOHN BROWN, JOHN LOONEY, JOHN ROGERS, Chiefs Cherokee nation. CoUNCIL GROUND, June 13, 1839. GENTLEMEN: From the note which you sent us, it appears that you have· been requested to ask us, to state in writing what we 1·eally wish and desire. We take pleasure to state distinctly, that we desire to see the eastern and western Cherokees become reunited, and again live as one people. And our sincere wish is, that this desirable and important object may be harmo-niously accomplished, to the satisfaction and permanent welfare of the whole Cherokee people. The representatives of the eastern Cherokees have this day bad this im-portant subject under consideration, and have adopted a set of resolutions 4 50 Doc. No. 129. in reference to it, based upon the strictest rules of equity and justice, which we take pleasure in laying before you, with the hope that it may also be adopted by the representatives of the westE>rn Cherokees. We are, gentlemen, your obedient servants, · JOHN 1WSS, GEORGE LOWRY, Chiefs of the eastm·n Cherokees. Messrs. JoHN BRowN, JoHN LooNEY, and JoHN RoGJms, Chiefs of the western Cherokees. T AKATTOKAH1 June 131 1839. Whereas, the peopfe of the Cherokee Nation east, having been captured and ejected from the land of their fathers by the strong arm of the military power of the United States Government, and forced to remove west of the river Mississippi : · And, whereas, previous to the commencemPnt of the emigration, meas-ures were adopted in general council of the whole nation, on the 21st of July, and August 1st, l838, wherein the sentiments, rights, and interests, of the Cherokee people were fully ex pressed and asserted ; and, whereas, under those proceedings the removal took place, and the late emigrants ar-rived in this country and settled among those of their brethren (who had previously emigrated), on lands which had been exchanged for with the United States, by the Cherokee Nation, for lands east of the river l\Jlississippi 1 and, whereas, the reunion of the people, and the adoption of a code of la"'S for their futnre Government are essential to the peace and welfare of the whole nation; and, it being agreed upon, that the eastern and western Cherokees henc~forward be united as a body politic, and shall establish a government west of the river Mississippi, to be designated the Cherokee Nation ; therefore, Resolved, by the Committee and Council of the eastern and western Cherokees, iu General Council assembled, That three of the chiefs of the eastern and western Cherokees each, to wit : John Ross, George Lowry1 and Edward Gunter, on the part ot the eastern Cherokees, and John Brown, John Looney, and John Rogers, on the part of the western Cherokees, are hereby authorized and required to associate with themselves three other persons, to be selected by them from their respective council or committee, and who shall form a select joint commiLtee, for the purpose of revising and drafting a code of laws for the government of the Cherokee Nation, anJ that they be and hereby are required t0 lay the same before the general council of the nation to be held at Takattokah on the-- day of--- 1839 ; and which, when approved, shall be immediately submitted to the people for their acceptance. Be it further resolved, That the respective laws and authorities of the eastern and western Cherokees shall continue to be exercised and en-forced among themselves until repealed, and the new government which may be adopted, shall be organized and take effect, and that in all matters touching the public interest of the nation with the Government of the United States and the Indian nations, the chiefs and representatives of the nation shall act understandingly and jointly in reference to the same, as well also, Doc. No. 129. 51 in the passage of any new laws which may be adopted in council after this date affecting the rights., interests, and welfare of the people. Members of the Committee. Richard Taylor, President Nat. Com. Daniel McCoy Hair Conrad Thomas Foreman George Stiil Richard Fields G. W. Gunter James Hawkins Old Field Chu-noo-las-kee William Procter George Hicks Nah-hoo-lah J.D. Wofford Members of the Council. Going Snake, Speaker Sit-u-wa-l{ee Soft Shelled Turtle Bean Stick Tah-quoh John Watts James Spears Money Crier Walking- Stick Te-nah1ay-we-stah Charles John Keyes John Otterlifter Small Back Bark Young Squirrel Hunter Langley Walter Downing Peter T AKATTOKAH, June 14, 1839. GI!:NTLEMEN: The national council has taken up your propositions of June 13, 1839, and given them due consideration. You state that your wishes are to unite the people. As to that matter, it is believed by the na-tional council that the two people have already been united. Our chiefs have met their brother emigrants, and made them welcome in the country; they are, thereby, made partakers of all the existing Jaws in the country, enjoy all its benefits; and are, in every respect, the same as ourselves. Since our chiefs have made them welcome, ti:Jey have come to the chiefs and taken them by the hand, and expressed great satisfaction with the man-ner in which they have been received. This is sufficient to justify the be-lief that the people are, in general, very well satisfied; consequently, the national council cannot justify the course of keeping up the uniting ques-tion, merely to protract a debate, when the uniting of the people has al-ready been fully and satisfactorily accomplished. As it respects your wishes for your original laws, created beyond the Mississippi, to be brought here, brought to life, and to have full force in this nation, it is believed by the national council that such an admission is, and would be, entirely repugnant to the government and laws of the Cherokee Nation, which would thereby create great dissatisfaction among the peovle. To admit two distinct laws or governments in the same country, and for the government of the same people, is something never known to be admit-ted in any country, or even asked for by any people. A.M. VANN, President Nq,tionQl Council. WILLIAM THORNTON, Clerk. Doc. No. 129. Messrs. Ross and Lowry will please receive this as an answer to their propositions. Respectfully, yours: Messrs. JoHN Ross and GEORGE LowRY. JOHN BROWN, JOHN LOONEY, JOHN ROGERS, Chiefs of the Cherokee Nation. To the Committee and Council of the Eastern Cherokees: CouNciL GROUND, June 15, 1839. GENTLEMEN: Your proceedings of the 13th instant have been submitted before our western brethren, as will be seen from the accompanying copy of a letter which we addressed to them; and the result of their delibera-tions on the subject will be found in the copy of a letter received from them, bearing date the 14th instant, herewith annexed. . You will no doubt feel the regret and surprise that we do, in relation to the singular views entertained and expressed by the signers of this letter. We deem it our duty to lay before you, at this time, the joint resolutions which were adopted by you, and approved by the people east of the Missis-sippi on the 21st July and 1st August, 1838; and you, who are the immedi-ate representativ~s of the people, and as guardians of their rights, understand-ing their interests, and knowing their sentiments, it is your bounden duty to obey their will wben clearly and ~ublicly expressed by themselves; there-fore, should we fail in our representative capacity to come to any satisfac-tory or definite understanding with those who represent our western breth-ren, in the adoption of measures for reuniting the people under some pro-visional arrangements for the establishing a new government: it will be-come your duty to consult the feelings and sentiments of the people, and to take steps for ascertaining their will in reference to this important sub-ject. Respectfully submitted. JOHN ROSS, GEORGE LOWRY. Messrs. Rn. TAYLOR, President Committee, and GoiNG SNAKE, Speaker of Council. CouNCIL GaouNn, July 19, 1839. The natienal committee and council of the eastern Cheroke.es having had under consideration the commuication from those of the western Cher-okees, cannot but express their regret at the course pursued by their west-ern brethren, as well as the views entertained by them on a question so im-portant and so indispensable to the welfare of the great Cherokee family as the reunion of the two nations. To the assertion made in that communication, that " it is believed by the national council that the two people have already been united:'' we are compelled to refuse our assent. Doc. No. 129. 53 That the ancient integrity of the eastern nation should be dissolved, and her existence annihilated without discussion, without conditions, and with-out action of any kind, is utterly inconceivable ; and the rejection by the representatives of our western brethren, of the reasonable prol'Josition to unite the two nations on the basis of the strictest rules of justice and equali-ty, is au act equally unlooked-for and surprising. Therefore, Resolved, That the declaratwns of the general council of the nation: at Aquohee Camp, on the first day of August, 1838, in reference to attributes of sovereignty, derived from onr fathers, be, and they are hereby, reasserted and confirmed. Resolved, That the proceedings of the committee and council be forth-with laid before the people, that their sense may be l1ad upon the subject. Concurred in. Approved. RICHARD 'l'AYLOR, President National Committee. GOING SNAKE, SpeakBr National Council. JOHN ROSS, GEORGE LOWRY. Where·1s, a general council of the eastern and western Cherokees has been convened, and is now in session, for the purpose of effecting a reunion of the two branches of the Cherokee family, and of taking preliminary measures for the establishment of a new government: And whereas, the proceedings of the representative branches of the council have been laid before us that our sense might be had on the sub-ject : therefore, Resolved by us, the people of the eastern and western Cherokees, That we regret to learn, from these proceedings, that our representatives have not succeeded in effecting the great objects for which this general council was con'lened; therefore, Resolved further, That we deem it essential to the welfare and happi-ness of the community that the desired union be speedily formed, and a system of government matured and established applicable to our present condition, and providing equally for the peace and security of the whole people ; therefore, Resolved, 'l'hat a general council of the people of the eastern and western Cherokees be called to meet in national council at Illinois Camp-aronnd, on Monday the 31st day of July, 1839: that geneml notice be given for their attendanc~, and that the chiefs ar:d ~he rne~ers of. t~eir respective councils be reqmred to attend also to aid m carrymg theu Im-portant objects into effect. Signed on behalf of the people, June 20, 1,839. GEORGE GUESS, Presidiug on belwif of the western Cherokees. CAPTAIN BUSHYHEAD, Presiding on behalf of the eastern Cherokees. STEPHEN FDREMAN, Clerk. 54 Doc. No. 1.29. TAKATTOKAH COUNCIL GROUND, June 21, 1839. SIR: We deem it our duty to address you on this occasion, for the pur-pose of communicating the result of this general council. Yon are aware that the objects for which it was convened were to effect a union of the eastern and western Cherokees, and to take measures for remodelling their government and laws so as to meet the exigencies of both branches of the Cherokee family, and to provide equally for the tranquillity and permanent welfare of the whole people. But we regret to say that the reasonable propositions submitted to the consideration of the representatives of our western brethren have not been received by them in a manner com-patible with the wishes of the whole people. They require the uncondi-tional submission of the whole body of the people, who have lately arrived, to laws and regulations, in the making of which they have had no voice. The attempt of a small minority to enforce their will over a great majority contrary to their wishes appears to us to be a course so repugnant to reason and propriety, that it cannot fail to disturb the peace of the community, and to operate injuriously to the best interests of the nation. We are not without hopes, however, that ' every thing will yet be amicably settled. The sense of the people, who form a branch of this general council, has been expressed on the subject. They deem it essential to the welfare of the nation that the desireu union should be formed, and equal and whole-some laws-established, by which the general prosperity and happiness of the country may be promoted ; and to carry their wishes into effect, they have called a national convention of the eastern and western Cherokees, to meet at Illinois Campground, on Monday, July 1, 1839. Under these circumstances, we feel it due tp the interesls of the late emigrants, as well as to all concerned, to request, through your official authority, that no disbursements of moneys due to those whom we repre-sent, nor any other business of a public chitracter affecting their rights, be made or transacted by the agent of the Government with any other Cher-okee authority than the undersigned, until a reunion of the people shall be effected. We have the honor to be, sir, very respectfully your friends and brothers, Geo. W. Gunter Thos. Foreman Hair Conrad Geo. Hicks William Procter James Hawkins Governor M. SToKEs, United States Agent. JOHN ROSS, Principal Chief. RICHARD TAYLOR, President National Committee. Jus. D. Wofford George Still Old Field Nah-hoolah Chu-noo-Ju has kee Culsattehee. PARK HrLT., June 22, 1839. DEAR SIR: It has become my painful duty to report to you that I have just heard that Elias Bondinot is killed. Upon receiving intelligence of this unhappy occurrence, I immediately requested _my brother-in-law, John Doc. No. 129. 55 G. Ross, who, accompanied. by Mr. Lenoi: and ot~ers, repaired to the place for the purpose of ascertammg the facts with the view of reporting the same to you. They have returned with a message from Mrs. Boudinot con-firming the report, with the advice from her for me to leave home for safety; saying, that Stand Watie had determined on raising a company of men for the purpose of coming forthwith to take my life. Why I am thus to be murdered without guilt of any crime 1 cannot conceive. Therefore, with all due respect, in order that justice may be done, I trust that you will deem it expedient forthwith to interpose and prevent the effusion of innocent blood, by exercising your auth!lrity, in order that an unbiased investigation might be had in the matter. Very respectfully, I have the honor to be, sir, your obedient humble servant, Gen. ARBUCKLE. JNO . .ROSS. HEADQUARTERS, 2d DEPT., w. DIVISION, Port Gibson, June 23, 1839. DEAR Sm: I received your letter of the 22d late last evening, and, inde-pendent of your express, sent your nephew to you advising you to retire to this post immediately, provided yon did not feel yourself secure at your residen~e. I greatly regret the murder of :Mr. Boudinot, and fear that the report of John Ridge hctving been killed is also true; and, if so, there is great danger of a civil war being commenced in your nation. With very little delay I have, therefore, sent an express to the chiefs, John Brown, John Looney, and John Rogers, requesting them to repair to this post with the least delay possible; and 1 judge they may be here by Tuesday next, when it is hoped some arrangements can be m::tde by them, in conjunction with yourself and other principal men of the late emigrants, to put a stop to further acts of outrage and violence. Be so good as to let me hear from you by the return of the express. And believe me, dear sir, with great respect, your obedient servant, M. ARBUCKLE, Brevet Brig. General, 0. S . .fl. JoriN Ross, Esq., Principal Chief of the emigrant Cherokees, Illinois. PARK HILL, June 23, 1889. DEAR SIR: I have the honor to acknowledge the receipt of your despatch of this date, by Lieutenant Porter. Your kind advice, through my nephe,v, to retire to that post, provided I did not feel secure at my residence, was thankfully received; but the propriety of my remaining at home having been determined previously to the arrival of my n~phew, I remain yet in that course, believing it more secure here than in attempting to go to the fort, as there is at this time a party of armed men in this immediate neigh-borhood, \\'ho, by message this day received, hold me accountable for the murder of Boudinot, and are still gathering their forces, for what purpose I know not, unless it be for an attack upon my residence. 56 Doc. No. 129. A portion of my friends have assembled at my house for the purpose of acting alone on the defensive, in case of an attack, and I would therefore again suggest the propriety of your interposition hy sending some of the troops up withont delay, to prevent any further difficulty. I will again repeat that I exceedingly regret the disaster that has hap-pened; and if the report of the death of Rid!Se be true, I assure you that no one will regret the circumstance more than myself. With regard to the meeting of the chiefs, mentioned in your letter, for the purpose of pre-venting further acts of violence, it meets my entire ::tpprobation; and, unless prevented by some providential occurrence, it will afford me pleasure to be present at the time proposed, hoping that some satisfactory arrangement may be made to secure the peace and tranquillity of the people. Very respectfully, I have the honor to be, sir, your obedient servant, JOHN ROSS-HEADQUARTERS, 2D DEPT., w. DIVISION, . Fort Gibson, June 24, 1839. DEAR SIR : A number of the friends of Messrs. Ridge and Boudinot are here. I have dvised them of your desire to have a full investigation of the late murders committed in your nation. 'I' his, they declare, is all they desire; and they have requested me to say to you that they a:ll.pect that you will take immediate measures to have the murdereFs apprehended and brought to trial, agreeably tq, the laws of the Cherckee Nation. Justice to you requires that 1 should state to you that they have informed me tllat they have heard that some of the murderers are now at your house. If this is the case, I must believe that you are not apprized of the fact; and if, on inquiry, the report made to me on this subject is corFect, the troops sent out will take charge of them if turned over, and convey them in safety to this post. I hope you will avail yourself of the opportunity of the command to visit this post, as I expect the chief.<> named to you in my letter of the 23d ultimo will be here this evening or early to-morrow• morning. I am, sir, with much respect, your obedient servant, JOHN Ross, Esq., M. ARBUCKLE, Brevet Brig. General, U. S. A. Principal Chief of the Emigrant Cherokees, Illinois. PARK HrLL, June 24, 1839. DEAR SIR : Since my communication to yon of yesterdny~s date, by Lieutenant Porter, an additional number of my friends have assembled at this place for the purpose of preventing ot repelling an attack upon me, as was reasonably anticipated from the violent threats of personal revenge. I have explained to them fully the contents of your despatch relative to the proposed meeting at Fort Gibson on to-morrow and the nature of my reply to you. They have, after a consultation am6mg themselves: concluded that it is not advisable for me to proceed to Fort Gibson without a sufficient escort of armed men to ensure safety, and have determined, as I am now Doc. No. 1 '29. 57 in formed, that in consP.quence of the present position of things that I shall he so accompanied. I have, therefore, deemed it proper to apprize you of this f~1ct, and also to assure you that no improper feelings on the part of our people towards the Governrneut or its officers prompts the course they have determined upon, and ~incereJy hope, with this explanation, that no prejudicial motive will be attributed to snch a movement. And I would respectfully suggest, inasmuch as I shall be under the necessity of attend· ing the proposed meeting at Fort Gibson, accompanied by my friends in this manner, whether it would not be more advisable that you request the chiefs and those whom you have requested to attend, to proceed hither, ac· companied by yonrself or such of your officers as you may designate, and ' let tbe proposed consultation be held here. This, it seems to me, would be calculated to give rt n:ore geneml satisfaction and perhaps lead to a more speedy adjustment of any question involving a difference of opinion or feel· ing among the Cherokee people. A convention of the people will also take place, by a general notification which has been given, on this day week, within a few miles of this place for the purpose of effecting a peaceable and brotherly reunion between the former citizens of this country and the late emigrants from the east. In the late unhappy causes which have thrown the country into excitement, there is no question involved which should pro· duce ditikulty or alienation of feeling between the late emigrants and the old citizens of this nati0n ; and, as there is a probability that no definite and conclusive arrangement will be arrived at previous to the get:eral meet-iug I have referred to, I submit these things for your consideration. If you still think it best to attend at Fort Gibson on to-morrow I will do so, trust-ing there will be no excitement or feeling produced by the course my friends have determined upon. I shall not move however until your answer is received. If yon desire any further information in relation to the subject of ibis communication, I would respectfully refer you to Messrs. Charles Coodey, Stephen Foreman, and Wm. S. Coodey. They have been deputed to visit yon for the purpose, if necessary, of con versing more fully upon this and any other matter upon which you may wish to be informed. I have the honor to be, dear sir, very respectfully, your obedient, hum-ble servant, JOHN ROSS. Brevet Brigadier General 1\1. ARBUCKLE, • Headqlla1·ters U. 8. Army, commanding Fort Gibson. PARK HILL, CHEROKEE NATION, June 24, 1839. DEAR Sm: A few honrs since, I despatched a communication to yon by l\Tessrs. Ooodey and Foreman, who, meeting with Major Lear and his escort, retnrucd with them. In reply to your communication by Major Lear, offrning the safety of a conv8yance to F0rt Gibson, it may, perhaps, be necessary for me to repeat again that circn mstunr.es will not allow me to accept of the kindness of your offer: my reasons will appear more fully from the communication I had already despatched before Major Lear's arrinl, and which will be handed you by the gentlemen abovenamed. If any oft he persons charged with the late murders are here, they are not known to me, nor have they been reported to me; and, from the threats 58 Doc. No. 129. which have been made against me personally, I do not know but that I am looked upon as one myseff. Very respectfully, your obedient, humble servant, JOHN ROSS, Brevet Brigadier General M. ARBUCKLE, Headquarte,rs, U. S. A., commanding Fort Gibson. CHEROKEE AGENCY, BA vou MENARD, June 25, 1839. FRIENDS AND BROTHERS: I have received your report from the late Cherokee council, dated 21st instant. I am exceedingly mortified and distressed at the late transactions in the nation, tending to disturb the peace and tranquillity of the Cherokee people, and most sincerely wish that these violent measures had not been resorted to, because I fear they are not to end now. With respect to the moneys due for the Cherokee annuities, there has none come on; and, if it should, I shall not feel myself authorized to mal\e a dis-tribution, in the present state of affairs, without express instructions from the War Department. I am, very respectfully, your friend and brother, M. STOKES, Agent for Cherokee Nation. JoHN Ross, and other CHIEFS and HEADMEN Of the Cherokee emigrants. FoRT GmsoN, June 29, 1839. GENTLEMEN: We have the-pleasure of enclosing, herewith, a communi-cation to you from the chiefs of the Cherokee Nation, which we hope will be acceptable to you and your people who have arrived here of late from the east; as a compliance with the proposition now made to the late emi-grants will, at an early period, enable them to enjoy a full participation in the government of the Cherokee Nation, when such alterations in that gov-ernment can b.e made as will secure justice to the whole nation. If the proposition now made to you by the old settlers is rejected, we can scarce) y doubt that serious difficulties and misfortunes will lwppen to the Cherokee people at an early period, which we hope you will cordially assist us to prevent. Vve have done all we could with the chiefs and others here to induce them to make the accompanying proposition to you, which we hope ~nd believe you ought to accept, and that yon should, without delay, take measures to prevent the further effusion of Cherokee blood. A report was received here yesterday that a party of Cherokees are now ranging through the conn try about Honey creek, with the object of killi ug three Cherokees; two of them for former political offences, and the other, as it is supposed, for an offence of a personal nature. We believe that two governments cannot exio;t in the Cherokee Nation without producing a civil war, and are of the opinion that the government that existed before the arrival of the late emigrants should continue until it is changed in a regular and peaceable manner. We hope that ybn will take the proposition of the chiefs into consideration: and make an early decision, Doc. No. 1 '29. 59 us some of the chiefs and others will remain here until they know the result. 'vYe are, gentlemen, with much respect, your obedient servants, M. ARBUCKLE, Brevet Brig. General, U.S. A. M. STOKES, Agent for Cherokees. JoHN Ross, Esq., and other CHIEFS, or PRINCII'AL MEN, of the late emigrant Cherokees. FoRT GmsoN, June 28, 1839. FRIENDS AND BRoTHERs: We, the undersigned, principal chiefs of the Cherokee Nation, having been invited to this post by General Arbuckle, the commandant of the United States twops in this quarter, to take into consid-eration matters of the greatest. importance to the peace and prosperity of our nation. We have met here in accordance with that invitation. We have received information that three of our people, or three Chero-kees who had been received as citizens of our nation, have been killed; and, it is believed, by some of the late emigrants. This has caused us much sorrow and distress. And we learn, fnrther, that other Cherokees are threatened with death wholly or principally for their political acts. This is not all we have to complain of, as it would appear from a commu. nication made by John Ross and other principal men of the late emigrants to General Stokes, Cherokee agent, under date of the 21st June instant, that the late emigrants have called what they denominate a convention of the Cherolwe Nation, on Monday, the 1st day of July next, to establish a government for the Cherokee Nation, without the least notice having been given to the undersigned. It must he apparent to Mr. John Ross, and to those who have called this meeting, that these proceedings are altogether irregular; and we feel omsel ves bound to protest against all acts that may he passed by the said nominal convention of the Cherokee Nation, that may have the effect to impair the free and undisturbed authority of said nation as it existed and wa~l in force before the arrival of the late emigrants, all of whom hnvG been received as friends and as citizens of the present Cherokee Nation, and allowed fnlly to participate and enjoy all the privileges and benefits thereby secured to the Cherokee people. It was believed that this kind and just treatment on our part would have been received in the spirit in which it was offered; and that, if our present form of government was not altogether satisfactory to our brethren late from the east, they would: at an early period, have an opportunity of having a full share in that gov-ernment, when the desired changes might be made. The undersigned wish nothing but peace and friendship from their brothers late from the east ; but, as it appears they are not satisfied, and that mischief has already taken place, the undersigned, in the hope and wish to spare the further shedding of Cherokee blood, will agree to meet their eastern brethren upon the f0llowing terms: That no individual of the Cherokee Nation shall be killed hereafter for their former political acts or opinions; that a convention of the Cherokee Nation shall be held at Fort Gibson, in which both parties shall be equally 60 Doc. No. 129. represented; and that the said convention shall have power to remodel the government for the Cherokee Nation. 'l'lle undersigned do not wish to dictate, or arbitrarily to determine, the number of which this proposed convention shall consist; but they believe that sixteen men from each party, of good understanding and approved character, would be a sufficient number to form a convention calculated to harmonize and reunite the whole Cherokee people; and that they have power to elect a president. If these propositions are acceded to, it is the sincere belief of the under-signed that it will tend to the re-establishment of peace and confidence in the Cherokee Nation, and greatly promote the happiness and prosperity of the people. If these just and reasonable propositions shall be accepted by our eastern brethren, we shall be much gratified; but if. they are disregarded, and an appeal to arms be determined on, ho\vever much we may deplore the shedding of more Cherokee blood, and the disasters of such a conflict, we and our friends must meet it, and will meet it, as men unwilling to sur-render our own rights, or to invade the rights of others. If we shall have the good fortune to hear that these propositions, however uncalled for, are accepted by onr eastern friends, we further propose, that the convention meet at Fort Gibson, on the twenty fifth day of July next, and proceed to consider and decide upon the important matters confided to them. The undersigned regard it as a respect due to themselves, and to the CherokeP. people, distinctly to state to the principal men of the lute emi-grants, that they are not insensible of the indignity offered to the Cherokee government and themselves by the late outrages and acts which have been committed in the CherokeE> Nation by the late emigrants, and could not, for any other motive than that given, have thought of making a further conces-sion to them, which they do not couceive they are in justice entitled to. Witnesses: JOHN BROWN, JOHN LOONEY, his x marie JOHN .ROO ERS, JOHN SMITH, his x mark. b':~:ecutive Coll1~cil. M. STOKES, Agent for Cherokees. S. G. SrMMOxs, 1st Lieut. 7th Infantry. JoHN Ross, Esq., And other chiefs or principal men of the emigrant Cherokees. PARK HILL, Juue :30, 1839. GENTLEMF.N: Yours, with the accompanying communication, by Cap-tain McCall, has been duly received, and is under serious consideration. We perfectly coincide with your judgment that two governments cannot, and ought not, to exist in the Cherokee Nation any longer than arrange-ments can be made for uniting the two commnnities; and, in conformity with the;;;e views, we have used om best endeavors to bring about this de-sirable event, in a manner which might be satisfactory to all parties, and by which all rights might be provided for: and the peace and well-being of the Cherokees permanently seemed. Doc. No. 129. 61 We have claimed no jurisdiction over onr western brethren, nor can we, consistently with the responsibilities with which our constituents have in-vested us, recognise their jurisdiction over ns. We claim to stand on equal ground; we ask for no concessions, nor for any ndmissions which would be humiliating in the slightest degr6e. We have no wish to trample on their Jaws, nor to disregard their rights. And, ns proof thnt we entertained no such disposition, we have not availed ourselves of the adyantage of su-perior numbers in our interconrse with them. When they refused to mingle councils with us, for free conversation on our affairs, and requested that our wishes might be reduced to writing, we offered to meet them on equal ground. But our just and reasonable over-tures were wnconditionally rejected by them, and our communication treated with contempt. We have no disposition, however, to stand upon punctilios; but what are we to understand by the propositions now made (and even these, rigorous as they are, it appears, are yielded with reluctance, through your influence and at your instance)? Is it required that the late emigrants relinquish all their rights, and appear before the western chiefs in the atti-tude of suppliants? If such be their wish, nnd we know not how other-wise to construe their words, we are compelled to say that we do not be-lieve our brethren, the western people, have the least desire to reduce us to so abject a condition. Indeed, they have expressed their sentiments; and, in the exercise of their inalienable and indefeasible rights, have appointed a national convention for Monday, July 1, 1839: and, for ourselves, we are unable to perceive any irregularity in their proceedings; they formed an integral branch of the late general council. Their acts are perfectly legiti-mate, and we cannot assnme the responsibility of protesting against them, or of declaring them invalid. It nppears to ns that the western chiefs, in their communication, blend questions which, in their nature, are altogether separate aml distinct, and, in so doing, have fallen into glaring inconsistencies. While the eastern Cherokees are denied recognition in the charaeter of a polit,ical community, and their representatives are by the western chiefs stripped of their official relations to the people, it would seem somewhat out of character to lay on the shoulders of these private individur.lls the burden of controlling the ebu-lition of public feeling, and stopping the effusion of Cherokee blood. Re-gardless, however, of this inconsistency, we feel forward to use our influ-ence and to exert our utmost efforts to stay the hand of violence, and to restore tranquillity with the lenst possible delay. We have thought it proper to say this much in advance, by Captain McCall, the subject being still under serious consideration. Entertaining the hope that all excitement may be allayed, and a satisfactory accommoda-tion speedily effected, We have the honor to be, gentlemen, your obedient servants, JOHN ROSS, GEORGE LOWRY, EDWARD GUNTER, LEWIS ROSS, Brig. Gen. M. ARBUCKLE, On behalf of the ea_stern Cherokees. United States Army, and His Excellency Gov. M. SToKES, United States .!lgent. ., 62 Doc. No. 1.29. P. S. Of the report of a party of Cherokees " ranging through the coun-try, at Honey Greek, with the object of killing three Cherokees," we have heard nothing, except what is contained in your letter. But we beg you to be assured that no pains, on our part, shall be spare:l to put a stop to all such proceedings. PARK HrLL, June 30, 1839. FRIENDS AND BROTHERs: We acknowledge the receipt of your commu· nication of the 28th instant, enclosed from General Arbuckle ; its contents are under consideration, and will shortly be acted upon. The invitation to come up, conveyed to yon by a committee, consisting of Jesse Bushyhead, Daniel McCoy, Bark, and Samuel Downing, accom-panied by Aaron Price and others of the old settlers, we had hoped would have been accepted; and our hope was, and still is, that amicable and ju-dicious councils may terminate our difficulties, and bring about arrange-ments which may be satisfactory to the whole Cherokee people. Very respectfully, your friends and brothers, To the CHIEFS of the Western Cherokees. JNO. ROSS, GEORGE LOWRY, LEWIS ROSS, and other!', HEADQUARTERs, 2n DEPT., W. DivrsroN, Fort Gibson, July 1, 1839. GENTLEMEN: I have received your communication of the 30th ult., in reply to one addressed to you by your agent and myself, under date of the 29th ult., and 1 very much regret that there :should be the least difference of opinion between us, and that the late propositions of the chiefs of the established government of the Cherokees in this country appear to be sub-stantially rejected ; as I believe their acceptance would at once have quieted the minds of the Cherokee people, and secured, at an early period, all the eastern Cherokees desire, and I do not believe any other plan can be taken to effect this object. And I can assure you, gentlemen, that I would not regard it proper to offer my opinion to you on this subject, except with the object of restoring harmony and peace between the Cherokee people ; as I am fully apprized that I would not otherwise be justified in interfering with the concerns of the Cherokee people. I have not communicated to the chiefs and others here, your communi-cation (referred to), as I judged it best that they should await the arrival of a communication Captain McCall informed them they would receive to· day. I have taken a copy of the documents sent to me by Mr. Ross, and, if it meets his approbation: (of which I wish to be informed by the return of the bearer), I will transmit them to the Government of the United States, or such of them as relate to the present difficulties in your nation. I am, gentlemen, with great respect, your obedient servant, M. ARBUCKLE, Brevet Brig. General, U.S. A. Doc. No. 129. 63 P. S.-There is reason to believe, should the eastern Cherokees · accept the main propositions of the chiefs of the old settlers, that there will be no difficulty in inducing them to meet the western Cherokees at the national council ground. l\ . P. S.-1\'lr. William CoOlley received from me, to day, the doctlments re-ferred to, with the object of returning them to Mr. Ross. JOHN Ross, GEoRGE LowRY, Enw AKD GuNTER, and LEWIS Ross, Esqs., M.A. Acting in behalf of the ertstern Clterolcees. PARK HILL, CHEROKEE NATION, .Tu11e 30, 1839. DEAR SIR: You haYe no doubt, ere this, been informed of the excite· ment which pervades this section of country, produced from the unfortu-nate circumstauce of the two Ridges and Boudinot being killed1 and the violent threats of revenge made by some of their friends against the lives of innocent persons. To prevent the shedding of innocent blood, a number of the well disposed people have been compelled to assemble with arms in hand, for the sole purpose of acting on the defensive, and repelling any lawless attack that might be made upon the lives of peaceable and unoffend-ing individuals. Since then, several of the persons who had determined on reveuge, in the way stated, have gone to Port Gibson, as they say, for protection. General Arbnckle, previous to this, had invited the chiefs of the western Cherokees, as l was advised, with the view that they, in COI'l· junction with myself and other chiefs of tl1e late emigrants, might take stpps to prevent further acts of violence. It having been determined on the part of my friends, that it would be more proper, under existing circum-stances, for the chiefs to meet and confer on this important matter at this place, where a large number of the people were assembled, unless the Gen-eral should still de~ire myself to meet them at Fort Gibson, and to approve of all who would wish to accompany me, to go also. The General and Governor Stokes, with the chiefs, were therefore invited to meet us here ; but the invitation has not bPen noticed, but a written correspondence opened, embracing- matters properly vested in the people alone to determine, and not within the province of auy chiefs to settle and enforce by them-selves. At a late general council held at Takattokah by the joint appoint-ment of the chiefs of the eastern and western Cherokees, for the purpose of forming a reunion of the people, and taking preliminary measures for remodelling their government and laws upon principles of equity and jus-tice, to ensure the peace and happiness of the nation, the representatives of the people having failed to effect the desired object, the people therefore took the matter into their own hands, and appointed a national convention to meet at the Illinois campground, near to this place, on Monday the 1st July, l839, where they are now assembling under that good feeling which encourages the strongest hope that every cause of difficulty will be removed, and that the Cherokees once more will become united, and enjoy the bles· sings of peace and prosperity. 64 Doc. No. 129. Hopi~1g that it may be practicable for yon to visit ns at this convention on the present important crisis of Cherokee affairs, I have despatched an express with this special invitation from your Cherokee friends, for you to come and shake them by the hand, and to see that peace and tranquillity are restored on a permanent basis among them. You will be pleased to say to our Choctaw and Chickasaw friends not to apprehend that any serious con-sequences will result from the late excitement in this country, but to remain at ease and not to listen to bad reports; that all will soon be well. Very respectfully, your friend and obedient servant, JOHN ROSS, in behalf of the Cherokees. Maj. WILLIAM ARMSTRONG, Superintendent Indian Affairs. ILLINOIS CAMPGROUND, In General Council, July 2, 1839. DE.<\R Sm: Your communication of ye:;terday has been received, and laid before the general council. . With regard to transmitting to the department copies of the documents referred to, I would respectfully say, that the subjects to which they relate being still under consideration, and undeciderl upon, it is believed that no . good to the Cherokees could result from their being transmitted to the de-partment pending their discussion. They were sent to you merely for your own satisfaction, in your inter-course with the western chiefs: in accordance with your request for that purpose. I have the honor to be, sir, your obedient humble servant, JOHN ROSS. Brevet Brig. Gen. M. ARBUCKLE, U. S . Army. FoRT GmsoN, July 2, 1839. DEAR Sm: I arrived at this post this morning on board the steamer Trident. Business of a public uature made it necessary for me to go to Little Rock, otherwise I should have had the pleasure of seeing you at the late Cherokee council. While at Little Rock, reports of a very exaggerated character reached that place in relation to murders, &c., among the Chero-kees. With no other desire but that of endeavoring to reconcile the Chero-kees-and to aid in this desirable object induces me to write you these few lines-having the pleasure of an acquaintance with you is the reason whJ I do so individually. Understanding that the Cherokees, or a portion of thP.m, are now in council, permit me to request that you delay further ac .. tion, in order that, what are termed the old emigrants, have an opportunity of participating with you; it strikes me as the only way to n~concile all parties-indeed, without it, nothing like adjustment can take place. I have not conversed with Major Brown and others of his friends who are here, but believing that nothing can be done, but what is done by both parties, induces me to write you so hastily. I am aware that it is a difficult and delicate point, but the object is one every way connected with the fu-ture welfare and destiny of the Cherokees; but I hope yon will receive Doc. No. 129. 65 this communication in the spirit of kind feeling as it is conceived. I am but partially informed of the communications that have passed between the two parties : any suggestion as to time, place, or, indeed, anything to effect a reconciliation, I would be happy to undertake. I hope to hear from you by the return express. Yonrs, re: a. proper regard for those whom we represent, we have deemed it expedient and proper to call a council of our people, and f'Llch others as choose to attend, on the 22d of July, at the old council-house at the mouth of the Illi-nois, when your communication will be laid before the people, with every thing likely to produce a good understanding between the Cherokees. We wish no delay in our meeti11g beyond a proper time for preparation, and due no tice being given our people. We reciprocate the sentiment ex-pressed in your communication-that we wish nothing but justice bet\Yeen man and man; and we fondly cherish tbe hope that we may all be united .as one family. In the meantime, we affectionately call upon our eastern Cherokees to stop the fmther effusion of Cherokee blood, and to abstain from any further acts calculated to disturb the pe:.te and security of the Cherokee people, until all matters shall be adjusted by a regularly constituted body of Cher--okees, which we hope will bfl consummated without the least delay aftel· the proposed council. We are, gentlemen, with great respeet, your obedient servants, JOHN RROWN, JOHN Ross, Principal Chief JOHN LOONEY, his x mark. JOHN ROGERS. of the eastern Cherokees, and others. fiB Doc. No. 129. FoRT GIBSON, July 7, 1839. Lieutenant Robinson will inform Mr. John Ross, that Star and other3, . Cherokees that had claimed protection at this post, left it yesterday evening, with the object of returning home, where they propose collecting a few of their friends, for the purpose of securing themseives from violence, without the slightest intention of doing injury to any one. M.A. A true copy. FAY ROB£NSON, 1st Lieut., 1st Draggons. HEADQUARTERS, 2D DEPT., w. DIVISION, Fort Gibscn, July 8, 1839. GENTLEMEN: I forwarded to you yesterday, a communication from the -chiefs of the Cherokee Nation, or of t!Je old settlers, in this country, by Lieutenant Robinson, who I requ ested to inform yon that Star and other) Cherokees who had claimed protection at this post, had left it on the e\·en-ing of the 6th instant, with the object as they informed me, of returning home and collecting some of their friends for the purpose of securing them-selves from violence, without the slighte:st intention of injuring any one, . and to remain in that state, until sorne arrangement is made, which will · give to them personal security. In consequence of my efforts to restore peace to the Cherokee people, not having received from you the attention they merit, I determined to have no. further concern with the present difficnlties in the Cherokee Nation, unless . my duty should imperiously require it; and I much regret that the inform-ation I have received does not justify me in remaining longer silent. It having been reported here last evening, that onr citizens on the western border of Arkansas, have become alarmed, and are leaving their homes in consequence of the critical state of affairs in the Cherokee Nation, and an armed body of Cherokees havmg passed into that State, as it is reported, and . killed Major Ridge, one of your citizens. This has produced a state of things that you cannot fail to perceive must be of short dur;;tion, otherwise the most serious consequences may be apprehended on this frontier; and I regard it a dnty to call your serious attention to this subject, and to request that you will without delay adopt such measures as you may judae best calcu-lated to quiet the minds of the Chero!me people. If this is"' effected, the citizens of Arkansas, who have fled from their homes, will no dou!Jt feel se- -cure in returning to them. It \vas also reported here last evening, thu.t it has been determined at your present council, to kill a large nnmher of yom people for political and other-<>ffences. This report, I hope, is destitute of tlqth. Yon are no doubt ap -prized of the obligations of the Government of tb<3 United States to protect the Cherokee Nation from domestic strife and foreign enemies, and you ought not to doubt the fulfilment of these obligations; or that the United States will permit the Cherqkees to make an unnecessary war which cannot fail to cause the destruction of many American citizens and their property, without holding them accountable for all expenses and lo:sses occasioned by such war. Doc. No. I '29. 69 Gentlemen, it is believed that it is in your power to restore quiet to this: ·frontier~ or to adopt such measures as will inevitably lead to a cruel and destructive war; therefore, it is hoped you will, ir. your wisdom, adopt such measures as will restore peace to your nation, and give seeurity to the fron-. tier of Arkansas; and should yon be so unfortunate as to disappoint my just expectations in this particular, womPn and children and others, without re-·gard to what party they belong, will receive at this post all the protection the military force here can give them. I request that you will reply to this communication by the return of the express. I am, gr.ntlemen, with much respect, your obedient servant, M. ARBUCKLE, JoHN Ross, Esq., Brevet Brig. Genf.ral, U. S. A. Principal Chief, eastern Cherokees, and others, Illinois Campground. IN CoNVENTION, lllino'is Campground, .July 9, 1839. Sm: Your comr~unication of yesterday has been received, and its con-·tents carefully noticed. \Ve would also aclo;10wledge the receipt of the communication of the western chiefs by Lieut. Robinson, and the substance .of a note, saying that Star and other' Cherokees who had claimed protec-tion at the fort, had left for their respective homes, " where they propose. ·collecting some of their friends tor the purpose of securing themselves from violence until some arrangement is made to give them personal security." With regard to the commnnication from the chiefs, we are constrained to express our regret at their refusal to meet with us at this place, as the present occasion so greatly required it. We further regret that those persons who were at the fort for protection, should have left before they were ap-prized of the result of the measnres which were in progress for the relief of themselves and others. Had they awaited that result, they would, in all probability, have retired to the bosoms of their families and the society of their friends, without apprehension of danger, or the necessity of collecting "friends for the pmpose of securing themselves from violence." We are again compelled to express our regret at that portion of your communica-tion which relates to our treatment of our western brethren, and of your interposition in behalf of the Cherokee people. It never has been our wish or desire to neglect or maltreat any of them; nor are we forgetful of the kindness proffered by yourself in order to quieting the excitement existing in the country. We are fully apprized of the relatioQ in which we stand to the General Government, and of the high responsibilities under which you are acting ; and we feel assured that, with your co-operation, both tranquillity and perfect safQty can be secured to the citizens of the United . States and the Cherokee people. It has ever been our wish and . de-sire to cultivate the most friendly feelings towards our white brethren, and towards all others. And every reflecting mind must be irresistibly brought to the conclusion (even if there were not paramount considerations)1 that the weighty and unsettled business between the Government and the Cherokee people forbids the thought of any thing like hostilities on the part · of the Cherokees. We would again repeat, that the citizens of the frontier 4j'0 Doc. No. 129. I nave no cause of fear from the Cherokees. Of this fact you can give thelll' 1he most unqualified assurances. With regard to the report that it was determined by the council to kill a large number of our people for political and other offences, we can only reply that a more base and false fabrication never was invented. Our un-divided attention has been constantly directed to the maturing of measures ; to stop the shedding of blood instead of laying plans for carnage and death. With great respect, we have the honor to be, sir, your friends and obe· · dient servants, -GEORGE LOWRY, GEORGE GUESS, Presidents. EDWARD GUNTER, and others. By order of the convention. JNO. ROSS. Brig. Gen. M. ARBUCKLE, / U. 8. Army, commanding. FoRT GmsoN, July 8, 1839. GENTLEMEN: I am aware that General Arbuckle has written yon a com-munication of this date; and, as I am about setting out for my residence, I avail myself of the 01~portunity to write you. I regret to inform you that the excitement prevailing a.mong the Cherokees has induced a number of the citizens of Arkansas on the line to leave their homes. I am also fully aware of the calls that are made, and are daily making, npon General Arbuckle to take measures to give security to the people, and allay thP present excitement. Under these pressing calls, I have no doubt the General will feel himself constrained to call upon the Governor of Arkansas to protect his frontier: this, itself, with the high excitement prevailing among the Cherokees, would, at least, make it doubtful whether the peace of the frontier might not be further endangered. You, perhaps, have heard that Major Ridge was killed in Arkansas, and that a number of tkle same party have taken refuge in Arkansas; and, as Major Ridge was killed there, the citizens fear that others may share the same fate who have fled there·: this has increased their alarm. I am also informed that the authorities of Arkansas will de-manc1 those who killed Major Ridge. You will readily see the delicate situation which you are placed in. The public mind is so highly excited that I really give it as my opinion, that if further blood is shed, the sympa-thies of the people will become so strong- that serious consequcncBs may be the result. Surrounded as the commanding general is by different tribes . of red people, who, perhaps, would, to some extent at least, take sides with one or the other of your parties, and intrusted with the peace of the }ron-tier, it is my opinion, that if things do not assume very soon a more pacific appearance, he will, doubtless, as rpentioned, call upon the Governor of Ar-kansas, and, perhaps, Missouri. I give you this as my opinion, from what I see and learn here. I handed the communication the council gave me for the westetn chiefs. I assured them that you would receive them cordially, and that I had never seen better order or propriety observed with so large an assemblage as was at your convention; that I saw nothing like excitement, or a desire for · difficulties. The chiefs, after consulting among them:sel ves, determined .that they had no authority to meet you, but would call a council on the · Doc. No. 129. 71 22d to submit your letter to. I understand they have written upon the subject, which, perhaps, you have received before this. I have been invited to attend the council ; if my public engagements will permit, I expect to do so. My great desire is to see you meet at some place together. I entertain the strongest hope if you could get together your difficulties would be settled. I expect to be at home fer some time. If, in the meantime, l can be of any service to my Cherokee friends, it will give me pleasure to come at any time. With this feeling I write you, and to let yon know what will likely take place. Should I receive any information about funds, &c., or indeed any thing else which may intere:;;t you particularly, I will write you. Yours, very respectfully, WM. ARMSTRONG, Superintendeitt, W. T. JoHN Ross, Esq., Principal Chief eastern Cherokees, and others. I forgot to mention to you that I had addressed a communication to the Creek chiefs, requesting them to abstain from any interference in your business. W. A. ILLINOis, July 9, 1839. DEAR Sm: \Ve received your favor by General Arbuckle's express, and were sorry to hear that excitement had worked itself up to so high a pitch. As no fresh facts bad occurred, it is clear tbat there could be no cause for such a state of feeling. So far as the action of the Cherokees is concerned, their individual efforts have, from the first, been direct1-1d to the maturing of measures for effecting a general pacification: and we are happy, sir, that you are yourself an eye and ear witness to this fact. "'With regard to the fears entertained on the frontiers, we can assure you they are altogether unnecessary, so fH as the Cherokees are concerned, as measures have been adopted by the general convention which will effect-ually stop further effusion of blood, and remove all cause for alarm. We feel grateful for yonr kind offices, to bring the western chiefs tci co-operate with us in this work of peace, and regret exceedingly to find that they have been unsuccessful. Their people, however, have taken the mat-ter in hand, and we have little doubt but all matters in controversy wilf soon be brought to an amicable close. 'l'he course of the convention ap-pears more and more to commend itself to the good sense of the western people. We accept with gratitude the kind offer of your aid in the adjustment of our difficulties and in our efforts to promote tranquillity. W c take the liberty respectfully to request the favor of you to remove any misapprehensions which may be entertained with regard to the peaceable disposition of the Cherokees. We thank you for having addressed the 72 Doc. No. 129. Creeks on this subject; and. we shall be still further obliged by the same favor in regard to the other neighboring tribes. With great respect, we have the honor to be, your friends and obedient servants, GEO LOWRY, GEO. GUESS, and others. By order of the convention. JOHN ROSS. Major W M. ARMSTRONG, Snperintendent ludian .!J.Jfairs. HEADQUARTERS, 2n D EPT., \\r. DIVISION, Fort Gibson, July 10, 1839. GENTLEMEN: I have received your communication of yesterday's date, by which I notice that you appear determined to proceed with your present convention, without the Cherokee government (which the late emigrants found here), having appointed a single member thereto. It is the continu-ance of your convention, as it is now constitnted, that gives uneasiness to a considerable portion of the Cherokee people and others, particularly as the represeBtatives or chiefs of the old settlers have offered to meet you in convention at an early period, for the purpose of establishing a new gov-ernment for the Cherokee Nation. It is not to be understood, from the above statement of facts, that I desire to interfere with the concerns of the Cherokee people, or that I have any motive whatever except the preservation of peace and good order on this frontier. It is, therefore, of no coucern to me what measures the Cherokee people may take to f,mn a new government, provided these objects are ensured. I am, gentlemen, with much respect, your obedient servant, 1'11. ARBUCKLE, Brevet Brig. General, U. S. A. JoHN Ross, Esq., Principal chief of the eastern Cherokees. IN NATIONAL CoNVENTION, Illinois Campground, July 12, 1839. Sm: 'Ve deem it proper to report further to you, for your information, the proceedings of the national convention in reference to the late excite-ment. In order effectually to stop the further effusion of blood, the convention has, by decree, buried all past grievances in oblivion, on the sole c011dition of the parties giving assurances to maintain the peace in future. Measures have been taken to inform those persons who claimed protec-tion at the fort of these proceedings, so thaL the collecting their friends to secure themselves from violence is rendered altogether needless. These provisions, which are in exact conformity with your wishes as well as with our own, will prove to yon our determination to prevent mis-.chief and to promote peace. We have the honor to be, sir, your friends and obedient, humble servants, GEORGE LOWRY, President. GEORGE GUESS, Vice President. Doc. No. 129. 73 Young Wolf Edward Gunter R. Tavlor Luney.Riley Georg-e Hicks Jesse Bnshyhead G. W. Gunter 'l'hos. Foreman James Brown 'I'homas Candy Moses Parris George Brewer Riley Keys John F. Boot Archibald Campbell Charles Goard Stop Ashtolatah Small Back Crying Bird Tobacco Will Bark John Benge ELIJAH HICKS, Secretary. By order of the national convention. JOHN ROSS. Brevet Brig. Gen. M. ARBUCKLE, United States Army, commanding. IN NATIONAL CoNVENTio~, Illinois CamzJground, July 13, 1839. SJR: Since our communication of yesterday to yourself, we have been honored with the receipt of yours of the lOth instant, but we had not the satis-faction of seeing the officer through whom it was despatched, nor do we know by whom it was delivered. In justice to ourselves, we beg leave to remark, that it appears you have mistaken the true character oC this con-vention. In order, therefiJre, that it m::ty be fully understood, we will state, that this convention has been called by the Cherokee people, and not by the chiefs or people of the late emigrants alone. Consequently, the undersigned members have derived their appointment and authority directly from the people, in the exercise of their plenary power, and not this-the limited nu-thority vested in any of the chiefs or other delegated functionary. 'I'here certainly exists no just cause for uneasiness on the part of any portion of the Cheroktles, much less of others, from the apprehension that the sitting ·Of this convention may produce any interrnption of peace and good order in the Cherokee community, or on this frontier. And, having full corlfi-dence in the sincerity of your disposition not to interfere with the concerns of the Cherokees, and that your efforts are solely directed to the preserva-tion of peace and good order on this fn;mtier, we take pleasure in saying that we hope, by the acts of this convention, to evince tn you, and to the Government and people of the United States, that the Cherokee people fully appreciate the blessings of peace and good order, and that every thing •in our power will be done to e. tsure these desirable objects. We have the honor to be, sir, very respectfully, your obedient humble :Servants, Edward Gnnton R. Taylor Luney Riley Young Wolf Geo. Hicks GEORGE LOWRY, President. GEORGE GUESS, Vice President. Jesse Bushyhead G. W. Gunter Thos. Foreman Jas. Brown Thos. Candy .J. 74 Doc. No. 129. Moses Parris Riley Keys John Benge Geo. Brewer Jno. F. Boot Archibald Campbell Charles Goard By order of the convention. Brevet Brig. Gen. M. ARBUCKLE, United States Army, commanding. Stop Ahstolatah Small Back Crying Bird Tobacco Will Bark E. HICKS; Secretary. JOHN ROSS. HEADQUARTERs, 2n DEPT., W. DIVISION, Port Gibson, July 14, 1839. GENTLEMEN: I addressed to you a communication under date of the lOth instant, in which I acknowledged the receipt of yours of the 9th. At that time I determined not to reply to a portion of your letter, which is un-j ust to myself, and, as I believe, uncalled for. 'l'hat part of your letter tO> which I refer is in the following words: "We are again constrained to ex-press our regret to that portion of your communication which relates to our western brethren, and your interposition in behalf of the Cherokee people." It is strunge that you should, in your first letter to rne, say that yon are again constrained to express your regret; and this is rendered more unac-countable, as I have no recollection of receiving a letter from any of yonr friends containing such remark. To be assured that there is no cause for regret as relates to my communication, I judge it is only necessary for you again to refer to it; and, as relates to any other matter of regret you may have, if you will be so good as to state the facts on which it is based, I shall have no difficulty in convincing you that my conduct, in every particular, connected with this difficulty between the old aud new settlers, is entitled to yonr thanks. You advise me of the high responsibility under which I act. I am well apprized of that fact, and hope tbat all who have public business to transact, will respect the high obligations they are under. And you further remark, that, with my co-operation, both tranquillity and perfect safety can be seen-red to the citizens of the United States and Cherokee people. I can assure you that it will afford me great pleasure to unite with you in any measure calculated to effect tbis desirable object, which is not positively unjust to· others; but, so long as the Gherokee people are divided into parties, you must perceive that there is little left for me to do, except to request each party to abstain from such measures as are liable to lead to acts of violence •. The military force in this country cannot, and will not be employed in conjunction witli either party (in the event of difficulties in the Cherokee nation, which, I assure you, I fear will very soon take place), but will only be· employed to preserve peace and prevent the shedding of blood, unless self. defimce should render the reverse necessary. It has been reported to me by several individuals of respectabi lity, that your convention has decreed that the signers of the Ridge treaty shall appear before the convention in eight days; and that the time for their tlppearing will expire to morrow, when they are required to confess their sorrow for-having signed that treaty, and pledge themselve:s to live peaceably. In that Doc. No. 129. 75 event, they are permitted to live, but are not eligible to any office for five years, and not then unless the general council of the Cherokee Nation should so decide ; that, in the event they do not appear before the convention within the time prescribed, they will be regarded outlaws and punished accordingly. You must be assured, gentlemen, if I am correctly informed-and I have no reason to doubt my information on this point being substantially true-that there is much responsibility connected with such a proceeding, in many ways, and that the peace of the frontier is not secure for a single day, after an attempt is made to destroy those that do not come in; and 1 am this day informed that several of the signers of the treaty referred to will11ot accept the terms yon have proposed. Will you be so good as to give me correct information on this subject by the return of the bearer. You will herewith receive a letter from the Creek nation, which I was. requested to forward to you. I nm, gentlemen, with much respect; your obedient servant, .M. ARBUCKLE, JoHN Ross, Esq., Brevet Brig. General, U. S. A . Principal Chief of the E. Cherokees, and others. IN CoNVENTioN, Illinois Campgrowul, July 15, 1839'. SIR : vVe have just been honored with your communication of yester-day, by Lieutenant Freeman. As it has been our constant desire so to act as to promote pence and good feeling, we are not a little mortified to find that our proceedings have been misconstrued. In order, therefore, effectu-nlly to remove all misunderstanding, we will do ourselves the honor to wait on yon to -morrow, by committee, for that purpose. We have the honor to be, sir, your obedient humble servants, GEORGE LOWRY, President. GEORGE GUESS, Vice President. Brevet Brig. Gen. ARBUCKLE, United States Army, commanding. HEADQu-ARTERs, 2n DEPT., W. DrvrsiON, Fort Gibson, July 17, 1839. GENTLEMEN: I was highly gratified when Mr. Ross and a deputation from your body arrived here yesterday, as I did not doubt that something would be proposed which would emlble me to act usefully with you in allaying the excitement now existing in the Cherokee Nation, and securing the continuance of peace on this frontier. This reasonable expectation, I regret to say, has been totally disappointed, as the only thing suggested was my interposition in urging Star, Bell, and others (who took protection here for a short time), to comply with a decree of your body, which renders them ineligible to office in the Cherokee Nation for five years, or should they not come in, reqnire them at least to give the necessary security to keep the peace. 76 Doc. No. 129. The ~onduct of these men, in threatening violence to Mr. Ross, I hope i s not believed to have received from me the least countenance or appro-bation, and 1 can assure you that they have received no encouragement irom me, in any way, to act otherwise than in an orderly manner, or assu-rances that they would receive any protection from the military force, that would not be extended to any individual of your nation. But you must notice that the character of your decree is such, that if I were to send an officer to induce Bell, Star, and others, to comply with it, .no good would result from it, unless that decree was so altered as not to deprive them of the rights of Chen>kees. I have repeatedly assured you of my serious apprehension of difficulties in the Cherokee Nation and on our frontier; and now, withont wishing to be understood as expressing any opinion as to what is right or wrong in relation to the subject, I believe that a civil war in the Cherokee Nation is almost certain, unless the decree I refer to is so changed u.s not to deprive any one of your nation of the rights of Cherokees, and you agree to meet in convention the members that may be appointed by the conn<:jl of the old settlers, which, you are aware, assembles on the 22d instant. I take this occasion to again assure you that it matters not to me what course is pnrsued with regard to the government of the Cherokee Nation, so long as the tranquillity of the ·nation and of this frontier is preserved. 1 am, gentlemen, very respectfully, your obedient servant, JoHN Ross, Esq., M. ARBUCKLE, Brevet Brig. General, U. S. A. Principal Chief of the eastern Cherokees, and others. P. S.-1 again request that you will furnish me with a copy of the decree b y which a number of your people are disqualified from holding office. LVI. A. IN CoNVENTION, Illinois Campground, July 18, 1839. SIR: vVe have the honor to acknowledge the receipt of your communi--cation of yesterday, but the time fixed for the return of your express, renders it impracticable for us to give to its contents that full consideration which their importance demands. They shall, however, receive the most serious .attentioa of the convention, and thfl result communicated to you. We have the honor to be, sir, your obedient humble servants, GEORGE LOWRY, President N. Convention. GEORGE GUESS, Vice President. By order of convention. JOHN ROSS. Brev. Brig. Gen. M. ARBUCKLE, U. /S. Army, commanding. Doc. No. 129. 77_ IN NATIONAL CONVENTION, Illinois Campground, July IS, 1839. SIR: Our committee, on their way to General Arbuckle's, did themselves the honor to call on you, and to invite yolll' attendance at the nuti onal convention now in session. At the conclusion of their interview with the-General, they hoped that all misunderstandings were removed; bnt in consequence of another communication, which has just been received by express, we deem it necessa.ry to repeat the invitation given to you by the committee, and respectfnlly to call on yon, as the agent of the United States, to come up and witness our proceedings, and bear testimony to their-peacefiJI character. Very respectfully, yonr friends and hrothers, GEORG8 LOWRY, Pres·ident of the convention. GEORGE GUESS: Vice-President, his x marie Edward Gnnter, George Gunter, A. Campbell, Moses Parris, Richard Taylor, Lewis Melton, Riley Keys, Young Wolf, James Brown, John Benge, Looney Price, his x mark. By order of the convention_ Gov. ~t STmms, U~tited &ate~ Agent. Astoladi, his x mark. George Brewer, his x marie Dige clm-lerky, his x mark. Charles Coodey, Bark, his x mark. D ee-nah-lay-wee-stah, his x mark. Bird Doublehead, Jesse Bnshyhead, Looney Riley, rnwmas Foreman. JOHN ROSS. CHEROKEE AGENCY, July 19, 1839. j FRrE:-;ns AND BROTHERS: I was much pleased to receive by the hands of Mr. R Coodey, your kind invitation to visit you at the campground. I was preparing and ready to have set off, when I was suddenly and unex-pectedly attacked with the return of a complaint which has afflicted me much G.!nring the hot weather_ I send this by my Cherokee interpreter, Hercules F. ~ J11r. rtiu, by whose return I hope to hear of your successful labors for the prospe;ity and happiness of the Cherokee Nation, and, above all, for the promotion and preservation of peace, harmony, and union. Nothing could afford me greater satisbction, than to find that peace} friendship, and confidence, in each other were once more restored in the whole Cherokee country. If I should get better, I will still visit your convention. I am, with respect, your friend and brother, GEORGE LowRY, and others, M. STOKES, Ageut for Cherok1 e Nation. of the Cherokee convention at Illinois Campground. 78 Doc. No. 129. GRAND SALINE, CHEROKEE NATION, July 17, 1839. Sm: I have received information this evening, through a respectable source entitled to credit, that Mr. John Ross intends sending down to our council an armed force, in order to prevent us from holding our contem-plated consultation, in a peaceable, lawful, and customary manner, in Gene. ral Council : therefore, I, as one of the chiefs of this nation, deem it proper to call upon you as my agent, and ask of you to call upon Mr. John Ross, and demand of him the truth or falsehood of this report; and also to forbid him from making any attempt of the kind, as such an act would be consid-ered by this nanon equal to a declaration of war, because it would be nothing less than a commencement of hostilities. If nothing prevents me from it, I will be at Fort Gibson on the 20th of this month, on my way to our council (which is to be held at the mouth of the Illinois), by which time I hope- you will be kind enough, and also able, to give me on this important report satisfactory and correct information I remain, sir, yours, with respect, JOHN ROGERS. Gov. M. STOKES, U. S. Agent for the Cherokees. P. S. A copy of the substance of this is sent to General Arbuckle, com-manding at Fort Gibson. HEADQUARTERS, 2D DEPT., vV. DIVISIOr-1, Fm·t Gibson, July --, 1839. GENTLE;>.IEN: I deeply regret that reports have reached me this evening, fi·om various qnarters, that the late emigrants, or the adherents of Mr. Ross, intend preventing, by force, the assemblage of the old settlers in council, which is to convene on the Illinois on the 22d instant. I hope, lor the welfare of the Cherokee people, that this report is entirely destitute of truth ; yet it has been in a measure confirmed, by its having been reported that the force at your convention has been, and is now, daily increasing; and that you intend to have in service, at an early period, at least eight companies of mounted men. It will be highly gratifying to me to receive from you correct information on this subject by return of the bearer, together with a reply to my com-munication of the 17th instant. I am, gentlemen, yonr obedient servant1 JoHN Ross, Esq., M. ARBUCKLE, Brevet Brig. General, U. S . .fl. Principal Chief ef the ernigrant Cherokees, and others. P. S.-Should you deem public opinion worthy your consideration, I beg leave to refer yon to my communications to your body, particularly that under date of the lOth instant. M.A. Doc. No. 129. 79 IN CoNVENTION, Illinois Campground, July 19, 1839. Sm: We have in former communications assured you that our undivided efforts were directed to the preservation of peace. V!f e now beg leave to repeat the same sentiment, and again to assure you that the reports of our hostile intentions are, as you correctly anticipate, utterly destitute of truth ; but on a chanre so grave, we deem it due to ourselves respectfully to de· mand the nam-es of your informants. 'Ve have the honor to be, sir, your obedient servnnts, By order of the convention. Brevet Brig. Gen. ARBUCKLE, GEORGE LOWRY, GEORGE GUESS. J. ROSS, JOHN LOONEY. United States army. ILLINOIS CAMPGROUND, July 19, 1839. DEAR Rm: We have just received yonr very welcome communication of the present date, by your interpreter, and hasten t0 reply. We are sorry that indisposition has prevented you from visiting us to-day, but hope you will be able soon to do so. Present indications, we think, justify us in the belief that civil war, whirh appears to have been so much feared of late, will be averted, by the good sense and prudence of the people, from this land, aad peace, friendship, harmony, and union, be substituted in its stead. No one in this convention desires the horrid effects of civil war upon this com-munity; and we are really at a loss to know from what source it v:ould originate: surely not from this place. Several have come in of late and ac~epted the pardon offered, and are embraced as friends and brothers. John Looney is now here in conference with us; and, as we ask nothing but whnt is strictly just,, we are persuaded that a few days will give the most satisfactory evidences of what is certainly desirable to us, and we hope to all. We will conclude by assuring you of our hopes of final success in producing the object for which we met, viz, peace and union. ·we have the honor to style ourselves your friends and brothers, GEORGE LOWRY, GEORGE GUESS. By order of the convention. JOHN ROSS. Gov. M. STOKEs, United States Agent. ILLINOIS CAMPGROUND, July 20, 1839. Sm: We were both surprised and disappointed when your letter of the 17th instant came to hand, as we had flattered ourselves that the interview we had the pleasure of having with you, us well as the attention and kind-so Doc. No. 129. ness received while at the fort, would have given to you not only the greatest assurances of our continued desire to prevent the fnrther effusion of blood, but every disposition, so fitr as we were able, to restore peace and quiet to the Cherokee people as well as perfect security to the frontier. The sole objecL of our trip to tbe fort was to inform you that We! had done all in our power to bring about this result which appeared so desirable to you as well as ourselves, to wit: the prevention of further bloodshed and a restoration of peace and quiet. Your disappointment at not being furnished with any propositions from ns to enable yon to co·operate in our behalt with the western chiefs and old settlers in settling all our causes of differ· ence, is certainly not rightfully chargeable to us, as we neither wished uor desir(;)d to produce disnppointmellt, and feel mortified and hurt nt the re-marks made on that subject. The view taken by us was this: that having done all we could do, and that in conformity with your reqnest, to prevent bloodshed and promote peace, that yon, as our mutual friend, wou~d he prepared to s:.q to the chiefs and and othors, the emigrants have done their part in this matter, it now behooves you to do your p'1rt, and all is quiet: or-something to that efrect. Such mediation as this is never without its benign it~flnence upon the human heart, and seldom fails in producing the most happy results. Tile decree which has been passed, so far as we are concerned, throws a veil of oblivion over all passed offences on as reason-able terms as any offenders and violatcrs of our laws could expect, and a number of those who were exposed to the penalty of our la\VS have come jn, accepted of the terms, been received with open arms, and are now in peace and safety to trnverse the country and pursue their common avocn-tions free from the fear of harm. Amoug those who had violated the laws were individuals connected to many of us I'Y the closest ties of consanguin-ity : no e-xceptions were made for them-none were asked ; and shall we make distinctions? No ! The fiat has passed and cannot be changed; we will never be charged with p:utiality. If any of our people refuse to abide by Cherokee laws, the world is large, they can leave us; b11t if they remain: in om couulry, being a part of om people, they mnst corne under our laws. The reports we have, from time to rime, received from the fort had induced us to believe that those men who had gone there for protection hud re-ceived assurances of protect io11 from the military, and that feeling was s trengthened by their course since retu-rning home; but we are now bound1 from the assurances in yot:r cornmnnication of the 17th, which is now be· fore ns, to sny we were under mistake, and are happy to correct it. "\Ve do not nrprchend any da!lgcr of civil war in this community, and no set of men jn Christendom would more deeply deplore such a state of things than we would. We say we do not apprehend nny danger of civil war, and for the best of reawns: we arc looked on as one of the parties to engage in this war, and of this we have no idea. \Ye have been, and still are, tryiug, in solemn convention, to wage a war of reason upon our own intellects and those of our western brothers, in order to enaLle us to unite as one people (which we are), and make such government and laws as will be snitaule to our condition and wants. 'I'bese we consider not only to be Ia wful, but com· mendable and praiseworthy motives, and such as every -philanthropist and patriot should hail with feelings of the liveliest gratitude. But it appears that our motives and wishes are mistaken and misconstrued, both by oun western brothers and white friends, as both :seem to entertain fears of our jiendish purposes. It is not only strange, but passing strange1 that such a Doc. No. 129. SI report as the one received from you yesterday could have originated, that we designed to prevent the meeting of the old settlers at the mouth of the Illinois by an nrmed force. We are almost induced to believe that these are groundless fabrications for political effect, and hope that, in future, you' will treat them with their merited contempt-silence. We have, amono- other regulations, it is true, adopted the light-horse system for the pnrposc0 of exe-cuting the laws ofthe country, which has been the custom with the Chero-kee people for many years, but not for the purpose, as supposed, of hostili-ties. We have been m01king such regulations as W'l think suitable to the Cherokee people, with the view of sending them down to the contemplated meeting of the 22cl instant by a respectable committee from our convention, armed and accoutred with prudence and discretion, to show them what has been done, the propriety thereof, and the importance of friendship and union to our future prosperity and happiness. If there is any thing wrong in all this, we would like to hear it, as we are ready at all times, when in error, to correct it at the earliest period. From the assurances,. given you of our peaceable feelings towards the citizens of the United Stutes, we do hcpe, in jnstice to us and to the citizens on the frontier, you will, without del~ty, adopt such measures as in your good dis-cretion you may think best to give them quiet; as for danger, they have none to fear from any of us or our adherents. We had forgotten to mention that.Tohn Looney (one of the western chiefs) was with us here on yesterday, · and expresses himself not only satisfied, but pleased, at what has Leen done by this convention, and promised to give his influence to our proceedings a\ the approaching meeting which is just at hand. May we hope for better times or not? Does this look like civil war? We think not. We send you the copy desired, &c. We have the honor to subscribe ourselves, your friends and humble ser· vants, Richard 1\ly~or George Hick::; Thomas 1.-'. Taylor Jesse Bushyhend John Martiu Thomas Candy G. W. Gnnter Charles Gourd, Moses Daniel L.:wis Ross John Benge James Brown Edward Gunter GEORGE LOWRY, President of the Convention. GEORGI:: GUESS, Vice President, his x mark. John Drew Riley Keys Luney Riley Bird Doublehead Young Wolf John F. Boot Bark, his x mark. Smull Back, Crying Buffalo, Archibald Campbell, his x mark. Stop, Thornas Foreman . his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. By order of the Convention. Brevet Brig. Gen. M. ARBUCKLE, U. S. Army, ciJmmanding. JOHr; ROSS. HEADQUARTERS, 2n DEP'1'. 1 W. DrvrsroN, Port Gibson, July 20, 1839. GENTLEMEN: I have received your communication of the 19th instant, and was mnch gratified to learn that the l'eports which had been received 6 Doc. No. 1.29. here in relation to an intended attack on the council of the old settlers, which is to assemble on the 22d instant. is destitute o! truth. You are already informed how and '~hen that report was received at the Grand Saline; aud young Mr. Dillard was abont the same time at Web-ber's falls, where he heard several individuals (Cherokees, as I understood him) say that information had been received there, that it was the intention · of your convention to send an armed force to the council of the old set-. tiers, with the object of seizing the chief.'l and taking them before you. The names of the individuals who made these statemP.nts, I presume, can, be ascertained if proper inquiry is made. Gentlemen, I have no doubt of your desire to preserve peace with the United States and with your own people ; yet the course you pursue will result very different (as I believe), if not speedily changed; and as you had not permitted me to suppose that any change would take place, I yesterday authorized arms and ammuni-tion to be issued to a portinn of the militia residing near the western border o£ Arkansas, to enable them to protect the frontier, in the event the State is invaded, or the Cherokees should commit acts of hostilities against the citizens of the United States. Except in these cases, they are forbid en-tering the Cherokee Nation, unless it may be to pass to Fort Wayne to ob-tain subsistence stores; yet, as they are not required to leave their homes, it is presumed that they will not do so without orders, or some circumstance 11ear the line should render it necessary. And I have also written to the Governor of Arkansas, advising him of the propriety of making preparatory ' .arrangements to promptly send to this frontier a large force, provided it .should be necessary. I most earnestly hope that you will, at an early period, enable me, by a union of the Cherokee people, to say to the citizens of Arkansas that there is no occasion for their leaving their ~omes, or bearing arms to ensure peace on their western border. To effect this very desirable object, it is only necessary that you should allow the old government of the Cherokees in this country, a just agency in forming a new government, and to forgive all offences, provided individuals who have made threats of violence against others, shaH give a satisfactory pledge or security that they will demean themselves in a peaceable manner hereafter; if this course is adopted, and the time has arrived when somG'thing of a decisive character must be done, you may expect my hearty co-operation ; and if there are any other meas-ures that can be resorted to, to effect this object, I am not apprized of them. I was much gratified to be informed to-day, by my aid de camp, Lieuten-ant Simmons, who visited you yesterday, that you intended to send a depu-tation from your body to visit the council of the old settlers. Send such men as Mr. Lowry, or men as similar to him in temper as you can find them, with an offer to them. of a just participation in forming a new govern-xnent, and a pledge to forgtve offences on the terms stated, and all difficul-ties will soon subside in the Cherokee nation. I hope you will think well ,)f all I have said in this communication, and if so, you and the old sct-ders, anu all others will soon be united as brothers. I am, gentlemen, with great respect, your obedient servant, M. ARBUCKLE, :sident, and others. By order of the convention. J. ROSS. Brevet Brig. Gen. M. ARBUCKLE, United States Army, commanding. HEADQ.U.4.RTERS1 2n DEPT., "\V. DivrsroN, Fort Gib,,on, July 22, 1839. GENTLEMKN: I have received a copy of your decree of the 7th instant, together with your commu nications of the 19th and 20th, and a letter from Mr. Ross, of the 21st. It would appear by yonr decree that the people of the Pastern and west. em Cherokees were justly represented at your convention. If this is true, there certainly can be no jnst cause to apprehend a civil war in the Cherokee Nation; and this would have b0-en rendered less probable, had your decree contained nothing more than is shown by your communication to me of the 17th instant. You will receive herewith a copy of my letter to the chiefs of the Chero-kee Nation of this date, which 1 hope will receive from them the serious -consideration its importance demands ; and if so, and your proceedings are ~mch as they can approve, it is believed that security will at once be given ·to the Cherokee Nation aud its inhabitants 011 its borders; when it wt!l af-ford me much pleasure to inform the Governor of Arkansas, and the citi-2ens of the frontier, that there is no occasion for them to be in readiness to dt!fend their homes. I judge that my letters previom; to this date have fully informed you of all that my duty requires, aud, therefore, have nothing more to add, except my sincere desire for the peace aud happiness of the Cherokee people. I am, geutlemen, with grt:at respect, your obedient servant, M. ARBUCKLE, JoHN Ross, Esq., and others, Brevet Brig. Gmeral1 U. S . Jl. In convention at lllinois Campground. Doc. No. 129. HEAD~U.ARTERS, 2n DEP'r., W. DIVISION, Port Gibson, July 22, 1839. GENTLEMEN: I received last evening a communication from the con-vention in session at the campground, on the Illinois, by which I am m>tified that Mr. John Looney has visited that body, and is well pleased with its proceedings, which I am informed will be laid before you by a committee of the convention duly appointed for that purpose; and as these proceed-ings have already been approved by oue of yon, it is earnestly hoped tha~ the other two, and your council generally, will approve of them, and, by that measure, at once give quiet and security to the Cherokee people. It is for them that you are acting, and to them that yon are responsible; therefore~ you will act wisely, and without ·any motiYe except the general good of your people and to ensure their welfare. Gentlemen, you have already admitted that a new government for the Cherol~ee Nation is proper and necessary, and that it ought to go into ef-fect at the earliest period possible. Under such circumstances, it is earnest-ly hoped and expected that notions of form or ceremony wit! not influence your conduct on so important a subject. I have received the decree of the convention in relation to Bell, Star, and others similarly situated, by which it appears that" the time specified for their giving- assurance for the future maintenance of peace is extended un-til further provision shall be made by tho convention for that pnrpose." A copy of this connnunicntion will be transmitted to the convention now ·in session at the lllinois campground. I am, gentlemen, your obedient servant, Messrs. JoHN BRowN, JoHN LOQNEY, and JoHN RoGERS, Nl. ARBUCKLE, Brcret Brig. General, U. S . .fl. C!tiejs of the Cherokee Nation. P. S.-The decree in relation to Bell, Star, and others similarly situated, will be sent to Washington, with such other papers as are regarded neces-sary to n correct understanding of that decree. If you canuot concur in the proceeding of the convention, I hope you will not, for a moment, think of resorting to violent measures, bnt will again, and at an early pe-riod, offer to meet your eastern friends in con vent ion for the purpose of es-tablishing a new government for the Cherokee Nation. M. A. 'rrue copy. S. G. SIMMONS, A. D. C. and A .• fl. Adjt. Gen., 2d D6pt., TV. Div. IN CoNVENTION, Illinois Campground, July 24, 1839. SIR: We received your communication of tbe 22d instant hy express, and also a copy of that to Me<>srs. Brown, Looney, and Rogers. Your advice to them in regard to the proceedin!ls of this convention, if accepted and followed, will no doubt lead to a speedy removal of all misunderstand-ing. And we conceive those proceedings to be based upon principles S() Doc. No. 129. -Equitable and reasonable, as to justify the belief that they would at once b1 of approved, if not opposed by counsels of a different tendency. We deputed a committee from our body, to go to the council at the mouth of the Illinois, to report to the people assembled there the proceedings of the convention, so far as they have progressed, bnt we were greatly surpriseu this morning, to see the greater number of them return. They had beeu compelled to retire from the council, to escape the massacre of some of their number, by the company of Star, Bell, and others, who appearr.d there in arms, and who were watching an opportunity to execute their fell purposes. We deem it proper to communicate this to you, becnuse they had placed themselves under your protection, and appear still to consider themselves sustained by your power. 'rhis is the ground on which their friends defend their course, and sm. tain their hopes of success. It is boasted by them, that you had advised Brown to hold on to his laws, and by no means to give them up, and that they shall be sustained by the forces of the United States, and the people of the nation compelled to submit. These are things, sir, to which we shall be slow to yield our assent; but as the assertions are made in argument, to sustain the feasibility of the course of these men, we deem it proper that you should know it. The troubles with which we appear to be threatened, bring forcibly tc our minds the statements often made, and the arguments often pressed on the attention of the late emigrants, to induce them to remove to this country. Here they were to have peace; to have a government of their own choice; to make and enjoy the benefits of their own laws, without interruption and without control; and those of us who had previously resided in this country, were ready to receive our brethren, and to do all in our power to. realize the hopes which these declarations were justly calculated to produce. Among the promises and assurances so often repeated, it was never hinted that they were to be reduced to a state of vassalage, to an tmd~fined de~petism. It is well known to you, sir, that the late emigrants are not in this country by their own procurement, but in coRformity with the mandate of the United States Government. But they have come in pence; and peaceful· ness has characterized every part of their conduct in the movements which have brought them here. 'rhe toils, and sufferings, and privations, they have endured, cannot he readily estimated. ' The loss of property and loss of life have saddened many hearts: made many parents childless, and many children orphans ; nor can their W(mnded and yet bleeding hearts be suddenly healed. Aud yet, for the sake of peace, all has been borne in silence. Yes, sir, and all their behavior towards the United States, in peace and in war, since the formation of their first connexion, has proved more forcibly than words can do, their disposition to cultivate the most friendly feelings towards yom Government and people; their confidence in the magnanimity and justice of the United States has been unqualified, and still they are unwilling to relinquish it. And althoupendent Regulators," demanding the person of John R. Nichoh., nor can it he approved hy the principles of justice. We must, t3erefore, request that yon will tak.~ precautionary steps to prevent any un· lawful acts ot violence from being exercised against the aforesaid Nicholson, or any other Cherokee person of this nation, by the citizens of the United States, which may lead to the disturbance of the peace and tranquillity- of the country; assuring you, at the s:~me time, that the Cherokee authorities will always be found ready to comply with any legal demands which might be made iu pursuance with the stipulations of our otclmowlcdged treaties with the United States Government. We are, respectfully, your frit:'nds and brothers, George Lowry George Hicks George Guess James Brown Edward Gunter Bird Double Head Looney Price Riley Keys Young Wolf rrhe Bark Jesse Bushyhead John Benge Richard Taylor Archibald Campbell Moses Parris Tobacco Will Thomas Candy Small Back Charles Coodey John Drew Luney Riley 'l'homas Foreman George Brewer W. S. Adair Jack Spears S. Foreman. By order of the conven tiJn. JOHN ROSS. General M. S·rOiu:s, United States Agent. Doc. No. 129. 97 CHEROKEE AGENcY, August 9, 1839. I received your communication relative to the demand of John R. Nich-olson, by Colonel Mark Bean and committee of VVashington county, Arkan-sas. I am very unwell at present, but I will give you my opinion about deliverinu up Nicholson. The authority that demands him is not legal authority~ and l do not think it right for you to give him up to any other than a legal demand from the Governor of Arkansas, or to the marshal of the United States ; still, if he has been guilty of the atrocious crimes laid to his charge, it is the duty of the nation to prevent his escape so as to evade a legal trial. I am your obedient servant, M. STOKES, Agent for. Cherokee Nation. GEORGE LowRY, RICHARD TAYLOR, and others. CHEROKEE AGENCY, Bayou Menard, August 9, 1839. Personally appeared before me, Montfort Stokes, United States agent for the Cherokee Nation, Daniel McCoy (a Cherokee), who states that, on the evening of the 13th of June, 1839, John R. Nicholson, his wife: and two children, came to his house, near the forks of the Illinois river, and remain-ed with him all the night; and that on the 14th of the same month, Nich-olson, in company with him, visited the council ground at the Double Springs ; and that he also returned on the same evening, with said McCoy, to his house, and there remained until the 15th, about 10 o'clock, and then left his house for Mr. Bevert's, on the bayou Menard; he also returned to my house, in company with me, from the council ground, on Tuesday fol-lowing, and rem11.ined there until Wednesday morning, when he left for his home. Question by Agent. How far do you suppose the distance to have been from your house to where this murder of Wright and his family was com· mit ted. Answer. About forty or more miles. DANIEL McCOY. William Williams, a white man, residing in the Cherokee Nation with a Cherokee family, living near Judge Daniel McCoy's, states, upon oath, that, on 'l'hursday the 13th day of June, 1839, he saw John R. Nicholson and his family at the house of Judge Daniel McCoy ; and that he remained there, and in the neighborhood, until Saturday the 15th after breakfast; and that he then departed, as he understood, to visit some relations on bayou Menard; and that he saw him on 'fuesday evening following with his family at Judge Daniel McCoy's, and left there the Wednesday following for his home. WILLIAM WILLIAMS. Looney Price, a Cherokee, living in the Cherokee Nation, about four miles west of Judge Daniel McCoy's, states that, OQ Saturday the 15th day of June, 1839, he left home, in company with his wife, to visit Mr. Coodey's; and that at Mr. Hilderbrand's, he saw John R. Nicholson, t<;>gether with his wife 7 98 Doc. No. 129. and children; and that he accompanied them as far as Mr. Joseph Coodey's, on their way to bayou Menard; and that it was past the middle of the day. LOONEY PRICE. Joseph Coody, a white man with a Cherokee family, residing on the wa-ters of bayou Menard, Cherokee Nation, swears, on oath, that, orr Saturday the 15th of June, 1839, John R. Nicholson, in company with his wife and children, rode up to his gate; he would suppose it to have been between 12 and 2 o'clock, in the afternoon, on the way to Mr. Bevert's, at the bayou Menard. JOSEPH COODY. Eleanor Bevert, a Cherokee living on bayou Menard, states that, on Sat-urday the 15th day of June, 1839, John R. Nicholson, with his wife and children, came to her house in the afternoon, and that they remained at her house the night of Saturday and of Sunday, and left the Monday following, after dinner, for Mr. Scrimscher's, on their return home. ELEANOR BEVERT. Larkin Bevert, a white man, with a Cher<~kee family, living- in the Cher-okee Nation, on bayou Menard, states, on oath, that he saw John R. Nich-olson on Friday the 14th of June, 1839, at the council ground at the Double Springs ; and that the said Nicholson informed him he would be at his house the following evening, with his family; and that he (Bevert) did not return to his home until Sunday morning, about 10 or 11 o'clock in the morning; and that he found John R. Nicholson and his family there; and that they remained there that night, until the day following, when he, together with his family, left, after dinner, fqr Martin Scrims-cher's, an their return home. LARKIN BEVERT. True copy. F. A. KERR. HEADQUARTERs, 2n DEPT., W. DIVISION, Fort Gibson, August 8, 1839. GENTLEMEN: It was reported to me yesterday by a man of the name of Williams (a citizen of the United States), who resides near this post, that he has received satisfactory information that William Coodey, and his brother Daniel, have each declared, within a few days past, that he (Williams) and three or four other white men, who reside in the Cherokee Nation, will have to be killed, before quiet can be restored to the Cherokee people, and that this measure cannot, or ought not, to be longer delayed. I must believe that threats of this character are not countenanced by your body, and that you will not permit them to pass unnoticed. On these points, I request that you will favor me with an early reply by the bearer. The individual named Williams, has resided near this post for several years, and has generally kept liquor to sell to soldiers and others, and is, thtrefore a man of indifferent character. Yet the apprehension of violence, he appears to labor under, has satisfied me that he believes the threats al-·luded to1 have been made in relation to himself and others. Doc. No. 129. 99 You are apprized that it is only necessary for you to apply to your agent to have ill-disposed white men removed from your nation; and if they dis-regard his order to do so, that they will be removed by the troops, and that to murder them, would involve your nation in serious difficulties with the United States, unless the murderers were immediately given up for trial. I had hoped, before this, to have received a reply to my communication of the 4th inst. I am, gentlemen, with much respect, your obedient servant, • M.ARBUCKL~ Brevet Brig. General, U. S. ,A. JoHN Ross and others, in convention near the Illinois river. P. S. Since writing the above, I have received your letter of the 7th inst., together with a copy of your communication to the chiefs of the Cher-okee Nation, which 1 most earm~st! y hope they will accept. Yet, I fear they will not do so in consequence of your wishing their committee to meet you at your present convention ground. M.A. CoNVENTION GRoUND, August 9, 1839. SIR: We have the honor to acknowledge the receipt of your communi-cation of yesterday's date, by express. From the character you have given of the complainant, and from that, of the individuals implicated, we think there is good reason to believe that the statements are destitute of truth. In justice, however, to Messrs. Wm. S. and Daniel R. Coodey, we deem it proper that they should be apprized of the in-formation we have received, which we will communicate to them. Your supposition, that threats of this character are not countenanced by us, is correct; and we beg leave to say that the matter shall receive (due notice ; and such action shall be taken in regard to it, as full information may render proper; and such us may check the fabrication and circulation of reports injurious to the reputation of our respectable citizens. We hope your fears, that the committee from the council at the mouth of the Illinois will not meet us on the ground you apprehend, will not be realized. We have the honor to be, sir, your obedieut servants, GEORGE LOWRY, President. ARCHIBALD CAMPBELL, GEO. BREWER, ELIJAH HICKS, YOUNG WOLF, EDWARD GUNTER, LONEY RILEY, RILEY KEYS, SINGING BIRD, BARK MOSES PARRIS. • Dy order of the convention. JOHN ROSS. Brigadier General M.. ARBUCKLE, . U. S. A., command,ng. , 100 Doc. No. 129. FoRT GmsoN, August 12, 1839. GENTLEMEN: I am apprized that General Arbuckle will fnrnish you with a copy of a communication from the western Cherokee chiefs, ad-dressed to me, by which you will see that they have appealed to the Gov-ernment of the United States to protect them in their rights and privileges. It is useless for me to call your attention to the many ineffectual attempts made by others, as well as yourselves, to adjust the very serious and un-pleasant state of things existing between the Cherokees. As an appeal is made by the western chiefs to the lftlited States, I will withhold their com-munication that you may have an opportunity of laying your views ~nd determination before the honorable Secretary of War. In the meantime, I most earnestly press upon you to use every exertion to preserve the peace and. harmony of the Cherokee Nation; and that nothing be done in any way to effect the old settlers, or those represented by them, in the exercise of their laws and privileges. The letter from the old chiefs to me has, I am iQformed, been sent to my residence, where I was presumed to be. I wiU remain here until Wednesday morning, the 14th, and I hope you will avail yourselves of the opportunity of the return express to lay your wishes and views before the proper departmf'nt of the Government, with the appeal of the old chiefs. I am, gentlemen, very respectfully, your obedient servant, WM. ARMSTRONG, JoHN Ross, and others, Acting Superintendent, W. T. In convention near the Illinois river. HEADQUARTERs, 2n DEPT., W. DIVISION, Fort Gibson, August 12, 1839. GENTLEMEN~ You will herewith receive a copy of a communication' addressed to Capti~-in Armstrong, acting superintendent of Western Terri-tory, by the chiefs d: the Cherokee Nation; a copy of which, you will per. "'ceive, they have furr,ished me with, and by which you will notice that they have appealed to tne Government of the United States, to be sustained in th~ enjoyment of their 'rights and in the execution of their la\~s, and that the hves and hberttes of tlleir citizens may be protected from vwlence and disturbance. It is hoped, gentlemen, that you will not adopt any measure calculated to obstruct the government of the Cherokee Nation (as it existed before the .arrival of the late emigrants) in the due exercise of its authority, or in any manner disturb the old settlers, or those that have joined their government, until the decision of the Government of the United States is had in relation to thi's subject. I am: gentlemen, respectfully, your obedient servant, M. ARBUCKLE, JoHN Ross, and others, Brevet Brig. General, U. S. A. In convention near the Illinois river. 'l'oLLUNTUsKv, August 91 1839. SIR : It is known to you that the western Cherokee Nation has existed for many years as an organized government; that we have been recognised as Doc. No. 129. 101 a bodv politic by the Government of the United States; and that the said Government of the United States has, by treaty, engaged to protect and sus-tain us in the enjoyments of our rights, and in the execution of our laws. lt is a\so known to you that we have, in our national capacity, expressed our wtllingness to receive into our country, under the protection of our laws, and to a full participation in all our rights and privileges, any of our brethren who might be disposed to emigrate from the land of our fathers, and seek a permanent home with us. And that, since the treaty of the year 1828, many hundreds of our brethren have availed themselves of the liberal overtures we have held out to thfrm, and have settled in our countrv. All these have been received by us as brothers, and have fully participated with us in the enjoyment of all our rights and privileges. The individuals who were known as the treaty or Ridge party, following the example of previous emigrants, have submitted to the government and laws as already existing in our nation. Accordingly, they have been re. ceived by us, and enjoy, with ourselves, the protection of our laws, and all the rights and privileges of our nation. It is also known to you that the numerous party who lately emigrated to our land, under the conduct ot Mr. John Ross, late principal chief of the eastern Cherokee Nation, have re-fused to submit to onr government and laws. It is further known to you that individuals of that party lately commit-ted a most savage murder upon the persons of three of our most useful citi-zens. It is also kn~wn to yun that we have made kuown that we have made the most liberal overtures to these our brethren, and that we have neglected no means or efforts to effect an amicable union with them. We regret extremely that we are compelled to say that all our efforts for peace and union with this party have been unavailing. We now, therefore, make our appeal to you, and through you to the Government of the United States, to ask that we may be sustained in the enjoyment of our rights and in the execution of our laws; and tRat the lives and liberties of all our citizens may be protected from violence and disturbance, as promised us by treaty. JOHN BROWN, JOHN ROGERS, JOHN LOONEY, Chiefs Cherokee Nation. WM. 'l'HORNTON, Clerk. A true copy. S. G. SIMMONS, A. D. C. and A. A. Jldjt. Gen., 2fi Dept., W. Division. Captain WM. ARMSTRONG, /Superintendent Indian Jljfairs. SIR: We transmit a copy of a letter to you, which is the result of the delib-erations of this council, which is for your information, and the respect we have for your friendly attention to the peace of our people, and the justice of our proceedings in regard to our national affairs. Yours, respectfully, . General M. ARBUCKLE, JOHN BROWN, JOHN ROGERS, Chiefs Cherokee Nation. W~I. THORNTON, Clerk . Commandant Fort Gibson. 10~ Doc. No. 1.29. CoNVENTION GROUND, August 13, 183'9. SIR: We have the honor to acknowledge the receipt of your letter of yesterday by express. 1 Your stay at Fort Gibson being- so short, it will be impracticable for us to have a communication prepared in time to be forwarded to you at that place. We therefore respectfully request that. you will withhold the com-munication: of Messrs. John Brown and John Rogers, until you hear from us, which will be as soon as practicable. · You will please to inform us, by the return express, whether you have received funds for the Cherokee Nation; and, if not, the cause of this extra-ordinary delay. Also, how soon you will probably be in possession of means to make disbursements to the Cherokees for their claims on the United States Government. We haV'e the honor to be, sir, very respectfully, your obedient servants, JOHN ROSS, GEO. LOWRY, Chiefs of the Cherokee Nation east, and in behalf of others. Captain W. ARMSTRo:rw, Superintendent Indian Affairs. FoRT GmsoN, A1tgust 14, 1839. GtNTLEMEN: I have received your communication of yesterday's date. The letter addressed to me by the western Cherokee chiefs, of which I furnished you a copy, will be withheld at your solicitatiOn, until you can have a fair opportunity to submit your views, &c., to theW ar Department, before whom the subject will be laid. It is desirable to have your answer as early as practicable. I am equally at a loss, with yourself, to account for the detay in notre-ceiving funds for the payment of the Cherokees. Expecting daily to receive information upon this subject, induces me to return home so speedily; the very earliest information about funds will be given you. Permit me, gen-tlemen, to assure you of my earnest wish and desire to see your difficulties amicably adjusted. Hoping that your labors may result in this very de-sirable object, I have the honor to remain, yours, WM. ARMSTRONG, JoHN Ross, Esq., Acting Superintendent, W. T. Principal (,'Jtiej, eastern Cherokees; and GEo. LowRY. CoNVENTION GROUND, CHEROKEE NATION, August 27, 1839. SIR: A copy of a communication to you from Messrs. John Brown and John Rogers is before us, and has received our deliberate attention. In that communication they have assumed a position unwarranted by the laws and usages of the Cherokee people; unbecoming the relations sub-sisting between the two branches of the Cherokee family; and disapproved by the "old settlers," whom they profess to represent. Doc. No. 129. 103 The arrival of the eastern Cherokee Nation in this country formed so important a crisis in the affairs of the Cherokees, as by universal consent to require a union of the two communities, and such a remodelling of their government and laws as would meet the exigencies of their present condi-tion ; and the feelings and expectations of the people, on both sides, were .such as to forbid the anticipation of any difficulty in accomplishing a measure so evidently beneficial. . 1'he course of these persons has been the very reverse of their professions. So far from having "neglected no means or efforts to effect an amicable union," they have used their utmost exertions to prevent its accomplishment. At Takattokah, every effort towards effecting that object, was repulsed by them. When the people expressed their disappointment and dissatisfaction at the result of that council, and called a convention of the people of both parties, the attendance and co· operation of ihe chiefs and the members of the respective councils were required, but Brown and Rogers declined to attend, and used all their influence to dissuade others from attending also ; and, at a council called by themselves, at Tolluntusky, for the declared purpose of · eonsulting the people of the "old settlers" on the subject of attending the national convention, they continued to repel every effort of the late emi-grants, and of the "old settlers," to induce their friendly co·operation with the }!>eople ; but in total disregard to the opinions or the voice of the people, they have, without their consent, made thi» inapposite appeal to the Gov-ernment of the United States. But what is the intention of their appeo.l1 Do they mean to ask that the Cherokee people be subjected to their dom-ination by the sword of the United States? The question being one of a purely internal character, the only tribunal competent to adjudicate their case, would be the people of their own community. But the principles of justice, as well as the relations subsisting between the United States and the Cherokees, would forbid the Government from adopting a measure of the kind invoked. We, therefore, respectfully enter our solemn protest against it. "\Vc consider this appeal as utterly inappropriate and uncalled for; and, as equ<1lly, a violation of the rights and liberties of the Cherokees, aud an imposition on the Government of the United States. As a further illustration of the value which ought to be attached to this appeal, and in proof of the non.existence of circumstances requiring the protection invoked, we respectfully refer to the proceedings of the council, of the peo-ple, of the "old settlers," in reference to the conduct of the appellants. Your request that we should use '~every exertion to preserve peace and harmony in the Cherokee Nation," is in perfect consonance with our own feelings. Measures have already been adopted to secure that desirable re·-sult; and, we trust, the amicable union which has been formed between the two branches of the Cherokee people will give permanency to the tran-· quillity and prosperity of the country. We have the honor to be, sir, your obedient servants, GEORGE LOWRY, President. Edward Gunter R. Taylor W. S. Adair Geo. Hicks Jesse Bushyhead John Drew GEORGE GUESS, Vice President. Turtle Fields Bark Flute Crying Buffalo George Beaver Major Pullum Sulleteskee Watts 104 Moses Parris Thomas Foreman Looney Price Elijah Hicks Young Wolf Luney Riley John Spears Thomas Candy Aaron Price Tobacco Will James Spears Doe. No. 129. Talahsenee Logan Thomas F. 'faytor Archibald Campbell W ahachee Glass John Benge Hair Conrad Young Elders Oolenawa Kenah W. S. Coodey. By order of the convention. JOHN ROSS, Principal Chief. JOHN LOONEY, Capt. W. ARMSTRONG, Aeting Principal Chief. Superintendent of Indian Affairs. CHOCTAW AGENCY, WEsT, September 1, 1839. GENTLEMEN: Yours of the 27th August, is just received. I will by the next mail forward the same to Washington, to be laid before the proper department of the Government of the United States, to whom the appeal of John Brown and John Rogers, chiefs of the western Cherokees, w1ll also, be submitted, with all the papers which are in my possession relative to the Cherokee difficulty. Respectfully, your friend, &c. WM. ARMSTRONG, JoHN Ross, Acting Superintendent, W. T. Principal Chief eastern C4erokees7 and others. HEADQUARTERs, 2n DEPT., W. DrvisroN, F'ort Gibson, September 4, 1839. GENTLEMEN: I received on the 2d instant, from Geo. W. Adair, John A. Bell, and others7 a copy of your decree of the 21st ult., by which it ap-pears that they are required to appear Lefore your convention on or before this date, otherwise to be regarded outlaws. It is true that the decrees, in relation to the individuals referred to, do not particularly state the principal offence with which they are charged~ yet it is distinctly understood that the material offence for which they are outlawed (if they do not comply with the conditions of your decrees), is their having signed a treaty made with the United States, at New Echota, on the 29th day of December, 1835. They have demanded protection from the Government of the United States, and, inasmuch as said Government regarded the signers of the treaty referred to competent, and duly authorized to conclude that treatyr-it could not therefore have been anticipated by the United States that any Doc. No. 1.29 105 other portion of the Cherokee Nation could or would attempt to hold said individuals criminally responsible for that act. If they have made threats against any one or more individuals of the Cherokee Nation, they ought certainly to give a suitable pledge or security to demean themselves in a peaceable manner, and to abstain from violence against any one. I request that yon will favor me with a reply to this communication by the return of the bearer. I am, gentlemen, very respectfully, your obedient servant, M. ARBUCKLE, ' Brevet Rrig. General, U. S . .fl. JoHN Ro!:is, Esq., and others, Jn convention, near Illinois river. TAHLEQUAH, CHEROKEE NATION, September 5, .L839. Sm : Your note of the 4th instant has just been submitted before us. You were some time past furnished with a copy of the decree of the Cherokee people, and the subsequent order, extending to those affected a longer time to comply with its provisions. The convention engaged in maturing a government suited to the Cherokees, under the act of union, being on the eve of closing their duties, passed a second order (a copy of which it seems you have received), requesting the appearance of those af-fected by the 4th instant, to give such pledges for their personal behavior as might ensure security to the lives of our citizens. The convention, in its course, has given evidence of the anxiety which exists to restore peace and quietude throughout the country; and it is much regretted that efforts so laudable, directed to an object so much de-sired by the whole Cherokee people, have not been crowned with merited success. It surely cannot be deemed compatible with the interest of our country, that a few misguided individuals should be permitted to threaten and jeopard the lives of our most worthy citizens with impunity; and that such is the fact, we apprehend you have already abundant proof. Very respectfully, your obedient servants, Edward Gunter. Tobacco Will, ' Major Pullum, Elijah Hicks, Moses Parris, George W. Gunter, Hair Conrad, John Benge, Charles Cnn4y, The Fawn, Y onng Wolf, J. M. Lynch, Geo. Brewer, Joshua Buffington, Jesse Bushyhead, Jesse Russel, John F. Boot, GEORGE LOWRY, Pres. Con. Daruiel Colston, Lewis Mess, Geo. Hicks, Turtle Fields, Talahsenee, James Brown, Arch'd Campbell, John Drew, George Guess, W. S. Adair, Young .Eldar, W. S. Coodey, Thos. Foreman, 'l'hos. F. Taylor, Lewis Melton, Richard Taylor, Logan, 106 Doc. No. 129. Crying Buffalo, Jas. Spears, Mark Flute, Stephen Foreman, Oolayoee, Young Glass. Softshell Turtle, Looney Price. By order of the convention. JOHN ROSS, JOHN LOONEY. M. ARBUCKLE, Brevet Brig. General, U.S. Army. , HEADQUARTERs, 2n DEPT., W. DivisioN, Fort Gibson, September 21, 1839. GENTLEMEN: lt has been reported to me, this evening, by a Mr. Den-ningbun:~;, agent for the contractors, who is immediately from Mr. Adair's, in Flin• district, which place he had vi:;ited for the purpos·e of issuing sub· sistence stores to the late emigrant Cherokees, that he was there threatened by Mr. Lewis Webber in such a manner that he believed his lite in danger, in consequence of which he left that place, with a promise that he would return on Monday next to complete the issues which he had .commenced. I therefore request, as the late emigrants are interested in the issue being regularly made, that you will take such measures as will hereafter protect the agents of the contractor from insnlt or violence, otherwise the issues of provisions to the Cherokees will be suspended ; and it is requested that some one or more individuals of influence will, without delay, proceed to Mr. Adair's, with the object of inquiring into the complaint made by Mr. Denningburg, and to take such measures as may be necessary to ensure good order at that place hereafter. I request that you will reply to this note by the return of the express. I am, gentlemen, very respectfully, your obedient servant, JoHN Ross, and others, M. ARBUCKLE, Brevet Brig. General, U. 8. A. In convention, near Illinois river. PARK HILL, CHEROKEE NATION, September 22, 1839. Sm: I have the honor to acknowledge the 1eceipt of your communica-tion of yesterday's date, in relation to the threats and conduct of Lewis Webber towards Mr. Denningburg, the agent of the contractors. I assure you it is very much regretted that any individual should, by im-proper behavior, interfere with and obstruct the issue of rations to the Cher-okees. Measures shall be adopted, which it is trusted will, for the future, insure order at the depots, and prevent a similar occurrence. The subject with your communication will be submitted before the na-tional council, now in session, on to-morrow, having adjourned over from yesterday until Monday. · Very respectfully, your obedient servant, M. ARBUCKLE. JOHN ROSS, Principal Chief. Brevet Brig. General, U. S. A. Doc. No. IQ9. 107 FoRT GmsoN, September 28, 1839. Sm: We are required by instructions from theW ar Department to arrest and bring to trial the murderers of the Rid~es and Boudinot. Although we have the names of several of the individuals charged, yet, as you are the chief of the ellligrant Cherokees, by some of whom we have no doubt these murders were perpetrated, we therefore deem it proper to apprize you of this order. We believe that yon can have the persons charged delivered at this j)(>St, without resorting to other means, which it is our wish to avoid. Should we be disappointed in our expectations in this particular, the mili-tary force of the United States will be employed in carrying out the instruc-tions of the W nr Department. In the meantime, we expect and require of you that no violence or disability whatever be imposed on the treaty party in consequence of the treaty of 1835, which has received the sanction of the Government of the United States. We extremely regret the unfortunate events to which we have referred; and also that no union has taken place between the eastern Cherokees, of whom you are the acknowledged head, and John Brown, principal chief of the western Cherokees. An early reply to this communication is requested . .Respectfully, your very obedient servants, M. ARBUCKLE, Brevet Brig. General, U. S. A . . JoHN .Ross, WM. ARMSTRONG, Acting Superintendent, W. T. Principal Chief of the emigrant Cherokees. GENTLEMEN: by express. ·rAHLEQUAH: CHEROKEE NATION, 8eptem.bt;r 30, 1839. Your communicati0n of the 28th inst. came duly to hand Yon apprize me of having received " instructions from the War Depart-ment to arrest and bring to trial the murderers of the Ridges and Boudinot," and express expectations " that I will arrest the persons charged, and de-liver them over to the military post at Gibson without resorting to other means." I hold myself at all times in readiness, so far W'i I may be con-cerned, to comply with the established regulations between the United States and the Cherokee Nation ; and for all offences which may be com-mitted by individual Cherokees, and over which the United Stutes may have proper jurisdiction, and their courts cognizance assuredly, I could not, in dnty to the nation and to myself, but exercise all necessary and proper efforts to sustain and preserve unimpaired the confidence and friend-ship ofboth parties. You cannot be otherwise than fully impressed with the fact that there exists in this country a feeling decidedly friendly to the Government and people of the United States, and no wish or attempt to cause innovation in the plain and well-understood method of communica-tion and interconrse. In relation to the particular subject of "arrest and trial" ot which you speak, I ani wholly at a loss to conjecture by what right or sound policy the Cherokee people are to be deprived of the exer· cise of their own legitimate authority over acts of 011e Indian against another-an authority founded upon natural as well as conventional rights. 108 Doc. No. 129. I cannot conceive how, if the persons · charged be Cherokees, they have violated either treaty stipulation or act of Congress, that they should be held answerable to the courts of the United States, and the military force employed for their arrest. Any effort direeted to that purpose is deprecated as calculated to disquiet the country, to weaken the confidence of tbe people in their exertions to allay excitement, and the enjoyment of some respite from the difficulties and embarrassments which have so long dis-tressed them. None of the persons charged with the act you are instructed upon are lmo\,-n to me ; :;;orne of them may be of the late emigrants, or all for aught I know; nor do I feel that it is again necessary for me to revive the sub-ject among the people, when you are doubtless apprized that they them-selves, in convention, considered and di:sposed of the matter in a manner satisfactory to the whole Cherokee people. You express regret " that no union has taken place between the eastern Cherokees and John Brown, principal chief of the western Cherokees." This may be true to some ex-tent, yet it is equally true tl>!.at a union has been formed between the eastern and western Cherokee people. To that union, if it has pleased some to withhold their approbation, and among them John Brown, still the people acted for themselves. They are the acknowledged source of power in this country, and their original acts require not the sanction of any chief to accreliit it with authority. Many of the old settlers, who could not attend in person, forwarded their names to be enrolled upon that act. Although the fact may not have been formally announced to you, yet it was believed that you were in formed of the adoption of a constitution for the government of the Cherokee Nation, in accordance with the act ot unio-n. Elections have also taken place under its provisions for officers, &c.; and the national council , composed both of old settlers and emigrants, without, however, any distinction, are now about to terminate its session, having been engaged in pas~ing such laws as were required for the security and protection of the persons and pro~erty of the people. From the~e facts, I tmst that you will be fully convinced of the earnest desire of the Cherokees to preserve and maintain the peace and friendship which have so long subsisted between them and the citizens of the United States. I have the honor to be, gentlemen, very respectfully, your obedient servant, JOHN ROSS, Principal Chitj. Brevet Brigadier General M. ARBUCKLE, U. S. A. j and Captain W M. ARJ.VISTRONG, Acting Superintendent, W. T., Fort Gibson. TAHLEQUAH, CHEROKEE NATION, October 7, 1839. SIR: In respect to you as the agent of the United States Government for this nation, and the friendship we bear to your Government and people, we are induced to addre~s you, briefly, in relation to our own local affairs. We desire you may be fully and correctly informed of the measures which have been adopted by the Cherokees, in conseqtience of the two branches of this people having been again brought together. During the excited Doc. No. 1:29. 109 state of feeling which prevailed throughout the country, we are aware that much has been said to the prejudice of the great body of our people, and many false and exaggerated statements against individuals propagated for effect. It cannot but be admitted, that the recent disturbances and disquiet originated from unhappy causes, rtnd which all reflecting minds must regret: but, still, they were confined strictly to matters of a local character, and over which the people themselves were competent to exercise control, and to adjust in a manner deemed most conducive to the peace and general welfare of the natiOn. You will bear in mind the failure at 'T'akattokah to effect a reunion of this people : that council assembled at the joint call of the respective authorities of each party, the object of which, however, although so laudable aml desirable, was defeated by a few individuals. The proposition of terms from the eastem Cherokees (the nature of which you are apprized) was rejected, and no offer made in return by the chiefs of the western Cherokees. The greater portion of the people, however, of both parties were properly impressed with the necessity of a union upon terms of friendship and good understanding: their relative position requirerl it; and there existed no right or even plausibility, why the authority of the or:e or the other party should predominate, to the destruction of the other. The peace and interests of both suggested the importance of an entire gov-ernment for the whole to be founded upon an act of brotherly union. This being indispensable, the people, mutually, eastern and western, determin-ed upon another effort for its accomplishment, and accordingly invited the whole people and their chiefs to meet in convention for that purpose. The people responded to this call, by assembling at the campground near the Illi-nois: here both parties met in a spirit of fair and mutual compromise, per-fected an arrangement of terms by which they are henceforth to be known only as one : a copy of which is herewith transmitted. It is true, Brown and Rogers refused to attend and unite with their people in a measure so nearly connected with the quiet and prosperity of the Cherokees. The other chief, however, gave to it his aid and support. In this, the people acted for themselves, the admitted source of power, and to whom all the officers are responsible. Their action was perfect and complete, and over which no chief could exercise a negative. Members were also selected by them, in pursuance of their agreement, to meet in convention and form a coRstitution upon which their future Gov-ernment shoulEI be based. These members were of both parties though acting for the whole people. They executed their bu:;;iness to the satisfac-tion of their constituents, who were again assembled at this place to approve or reject. The people also at the same time in the exercise of the elective franchise, secured to them by the constitution, proceeded to elect two chiefs and members to form a national council. The council as early as conveni-ence permitted, convened, and have, in the discharge of the duties imposed, enacted such laws as were deemed suited to the condition and wants of the conntry. Thus yeu will perceive so far as the adjustment of any local question was concerned, which gave rise to the late agitation of feeling, it has been finally closed. There is now no cause for quarrel or disagreement between the ~astern and western Cherokees, and if, pE'rchance, any individ-ual should array himself in opposition to the Government and laws which have resulted from this union, and seek to revive a subject no longer de-bateable, such person cannot be viewed in any other respect than as being hostile to good order, and the general welfare of the nation. llO Doc. No. 1.29. We beg leave again to reassure you of the utmost good feeling, and great anxiety to maintain unimpaired our friendly relation to your Government.· To entertain for a moment an opposite sentiment would be unworthy of our station, and in violence of the good s,~nl'e and intelligence of our citizens. And in connexion with tae cultivation of peaceable relations both toward the United States Government and its officers who are intrusted with impor· tant business among us, we cannot but express our sincere regret that the War Department has recently instmcted the military authority to "arrest and bring to trial" some of our citizens for an alleged offi:mce, not against the United States or any of its citizens: and who are not amenable to any other than their own laws for the charges alleged. You are also perhaps apprized that the people of the country have acted upon this subject in a manner satisfactory to themselves; and this being the fact, with what pro· priety or good intent can the mil itnry arrest persons and imprison them in a garrison? Before what tribunal are they to be arraigned? If any in this nation why the military substituted in lieu of our own officers? If out of the nation, before what court, when no oae can pretend that a court of the United States can entertain jurisdiction of a "crime committed by one Indian against the person or property of another Indian?" Assuredly, it is not intended to punish by confinement in a fort without evidence of guilt and a legal trial, until the department may order their discharge and liberation? The persons who may be implicated under these instructions, if Cherokees, cannot be searched after by the military and arrested without producing excitement, particularly when it is considered that that subject has been finally disposed of by the Cherokees themselves. If charges can rest any where it must be against the people of the country, and we are not y11t pre-pared to believe that it was the intention of the Government to make war upon our nation without just cause. We earnestly hope that General Arbuckle will not press a matter so cal· cnlated to unsettle all our efforts to re::.tore order and good feeling among our people. And that all the facts properly bearing upon this subject may be reported to the department for the information of the Government, as we firmly believe tllat when fully informed of the actual condition of those matters, these instructions will be countermanded. With sentiments of the highest regard, we have the honor to be your obedient servants, MoNTFORT STOKEs, Esq., WM. SHOREY COODEY, President National Committee. YOUNG WOLF, Speaker of Council. JNO. ROSS, Principal Chief. JOS. M. V ANN, Assistant Chief. U uited States Agent. T .A.ltLEQ.UAH: CHEROKEE NA'riO~, October 9, 1839. SIR: By the request of the National Council, I forward you their reso· lution of the 2d instant, in relation to the order of the War Department, Doc. No. 129. 111 prohibiting the Rev. Evan Jones from settling in this country, which you will be pleased to report to the Hon. Secretary ot War. I have the honor to be, very respectfully, your obedient servant, JOHN ROSS, Principal Chief. General M. STOKEs, U. S. Agent for the Cherokee Nation. Whereas, the principal chief having this day apprized the National Council that an order has been issned from the \'V ar Department, directed to l\1. Stokes, United States a~ent, to prohibit the residence among the Cherokees of the Rev. Evan Jones, a missionary under the Baptist Board, on account of charges preferred before the Secretary of War, the nature and character of which, however, are not specified or mentioned in said order ; therefore, Resolved by the National Council, That no complaints or charges, of whatever kind or character, have ever been made to the Hon. Secretary of War, or any other person, either by the authorities of this nation, or any authorized person, in behalf of the Cherokee people; and that they are not aware or apprized 0f any act or conduct upon which complaint or charge may be founded, to the prejudice of the aforesaid Rev. Evan Jones, he having for many years resided among them east of the Mississippi, de-voted to their instruction and improvement, to their entire satisfaction and approbation ; and it is the desire of the people and authorities of this na· tion, that he shall be again permitted to resume his labors in this country. The principal chief is requested to forward a copy of this resolution to the United States agent, to be reported by him to the War Department. W. SHOREY COODEY. President of National Committee. YOUNG WOLF, Approved. Speaker of Council. JOHN ROSS. DAVID CARTER, Clerk National Council. 'I'AHLEQUAH, CHEROKEE NATION, October 2, 1839. wAR DEPARTMENT, O!Jice of Indian AJJ'airs, May 16, 1839. SrR: Representations have been made to this department by Cherokees of intelligence and high standing in their nation, that Evan Jones, a mis. sionary, sent by the Baptist Board to their people, has been guilty of acts ~hich forbid. his residence am?ng th~m any longer in .that capacity. He Is .charged ':"1th the most atrociOus cnme~; but, upon ~nal, was discharged w1th a repnmand from the court, the evidence not bemg sufficient for his conviction. It is stated that he is now about to or~anize a mission in the Cherokee country west, and the department is askect to expel him, and for ever debar him from it. The circumstances of the case are such, that if he is inno-112 Doc. No. 129. cent, no probability any benefit will result to the Indians from his rc. maining longer among them. I have therefore to request that immediate measures may be taken for his removal; which, it is presumed, can .be effected by the 1st of October next. Very respectfully, your most obedient servant, T. HARTLEY CRAWFORD, Rev. Lucius BoLLEs, Commissioner of Indian .~fJairs. Correszwnding Secretm·y Baptist Board of Missions, Massachusetts. WAR DEPARTMENT, Office of Indian Affairs, May 16, 1839. SIR: Enclosed I transmit a copy of my letter of this date to the Rev. Lucius Bolles, corresponding secretary of the Baptist Board of Foreign Missions, requesting the removal, from the Cherokee country west, of Evan Jones, a missionary, sent by them to the Cherokees. If, upon the 1st of October next, he still remains within your superintendency, you will immediately take the necessary measures for his expulsion. Very respectfully, your most obedient servant, T. HARrl'LEY CRAWFORD, Commissioner of Indian Affairs. Capt. WILLIA:M ARMSTRONG, Choctaw Agency west. CHEROKEE AGENCY, BAYOU MENARD, October 8, 1839. SIR: I have received your letter of this date, enclosing three communi-cations from the Cherokee council, to wit : 1. The late act of union. 2. The proceedings of the Cherokee council relative to the causes of dis-union among the Cherokees; and also to the demand of the United States Government, for the surrender of certain persons supposed to be concerned in killing the two Ridges and Boudinot. 3. The resolution relative to the expulsion of Evan Jones, from the Cher. okee country. For these communications accept my sincere thanks. Copies of the first two I have forwarded to the War Department. But, with respect to the one re~ating to Mr. E. Jones, I have detained it until next mail, because I do not well recollect whether I sent you the order of the War Department alone, or whether I sent also the letter from the Secretary of War to Mr. Lucius Bolles, corresponding secretary of the Baptist board of Foreign Mis-sions. As I did not consider that letter as any part of the order of the War Department, it is probable that L did not send it, !lspecially as I had no dis· position to act on any extraneous matter to the injury of Mr. Jones. I now send a copy of the letter to Mr. Bolles: and if it produces any change in Doc. No. 1.29. . ll3 the terms of the resolutions of the council in this case, yon will be good ·enough to inform me. I am, very respectfully, your obedient servant, . M. STOKES, JoHN Ross, Agent for Cherokee Nation. Principal Cltief of the Cherokee Nation. 'l'AHLEQUAH, CHEROKEE NATION, October 13, 1839. Sra: The national council which has been for some time in session at this place, adjourned yesterd~y. The two commuuities of the Cherokee people having, by their act of union, become one, and such measures for the preserv-ation of order and the advancement of the general welfare as seem to have been required adopted, various important questions, and much business with the Government of the United States, both of a public and private character, yet remain in an unsettled state, and which require to be adjusted as early as practicable, the council therefore determined upon the expediency of ap-pointing a delegation to Washington, with proper authority for this purpose. The following persons were appointed a delegation : John Ross, principal chief, William S. Coodey, Edward Gunter, Richard Taylor, Joseph M. Lynch, Luney Price, John Looney, Elijah Hicks, and Jesse Bushyhead; which we report to yon in order that it may be communicated to the Gov .. ernment. The Cherokees have no desire other than the promotion of their welfare, .and the cultivation of the utmost good feeling and friendship of the United States. 'Ve flatter ourselves that, henceforward, there will exist no local cause to disquiet public feeling, and that harmony will prevail uninterrupted through-out the country. That there may possibly be a few disaffected persons is not unlikely (they are to be found in all communities); bnt LO danger is apprehended to the peace of the country ; the wholesome operation of the Jaws will prevail as a remedy for such evils; and we trnst the agents and officers of the Government will not permit the wanton fabrications from such a source to cause doubts of the correct and just course of the nation in all of its public transactions. It may also be pwper to apprize you, that Mr. Lewis Ross has been ap-pointed national treasurer, and who is authorized to receive any public funds which may be transmitted for payment of the Cherokees. Your obedient servants, M. S'l'OKES, Esq., WM. SHOREY COODRY, President National Committee. YOUNG WOLF, Speaker of Council. JOHN ROSS, Principal Chief. JOSEPH VANN, . Assistant Principal Chief. U. S. Ager~t for Cherokees. 8 , 114 Doc. No. 129. HEADQUARTERs, 2n DEP'L'., W. DIVISION, Fort Gibson, October 14, 1839. Sm: I was furnished last night, by your agent, with a Jetter you ad-dressed to him on the 7th instant; also, a copy of your proceedings of the 12th of July last. 'fhe paper signed by John Looney and others, I had previously received. The tenor and character of these papers, which I have not leisure at present to notice generally, are regarded highly excep-tionable, particularly your letter to your agent, and certainly do not estab-lish the fact of a union having taken place between the late emigrant Cherokees and the old settlers. 'l'he act of union (as it is called) which bears date on the 12th of July, is signed by a few unauthorized individuals of the government of the old settlers, and, it is presumed, were all of the old settlers then at your assemblage who were willing to sign that paper; and, finally, when John Looney and some old settlers, who, it is understood, you had collected at your convention by sending out agents in all direc-tions for them (much to the disquiet of the old settlers), notifying them, it is generally revorted and believed, that, if they did not come in and sup-port you, they, as well as the Cherokee people generally, would fail to ob-tain pay for the lands they left on the east of the Mississippi, with other re-marks calculated to disturb the quiet of the old settlers, and impair their confidence in their chiefs. It is understood that it was with such a party, generally, that John Looney acted in signing a paper or decree, on the 23d of August last, deposing his brother chiefs, Brown and Rogers, which is drawn up in the langu~ge of all the decrees which were passed by your convention ; and, therefore, I am authorized in believing that it was pre-pared under your directions, if not written by yourself. The fourth paragraph of that decree complains that they (meaning Brown and Rogers) have continued to oppose the friendly reunion of the two parties, &c., when it could not have been forgotten by 1\'Ir. Loo-ney, or yourself, that he acted with Brown and Rogers, on the 28th of June last, in making, as it is now believed, the only 'fair proposition that was made with the object of uniting the old settlers and the late emigrants. This being the fact, as it certainly Is, how will Mr. Looney and all others acquainted with the proposition having been made, acquit themselves of a most wilful and corrupt disregard of truth? These factsrrjudge, are Pn· tirely sufficient to prove that no union between the late emigrants and old settlers has taken place, or that the small minority of the old settlers that deposed their chiefs could give validity to such an act; a:01d the proceed-ings of your convention conclusively prove that you would not have met the chiels of the old settlers here, or at any place, that you could not have. enjoyed a positive control over them, and every measure you desired to mature. I notice that you abound in your late communications in the expression of good feelings towards the citizens of the United States, and your desire to maintain peace, to allay strife with your O\'in people, and discharge your duty to the Government of the United States. It would afford me rr.uch pleasure if your professions and acts corresponded in these particulars. You remark in your letter to your agent, that he is, perhaps, apprized that the people of the country have acted on the subject (meaning the murder-ers of the Ridges and Boudinot, and the treaty party), in a manner satisfac-tory to themselves. It is net doubted that you have done so, so far as re-lates to a party, and perhaps to the greater portion of the late Cherokee emi· Doc. No. 129. 115 grants; but how does this settle the claims of ju;;tice, and the obligations of the United States, who are bound to protect the Cherokees from domes-tic strife? Yon allege that there is no law to punish the murderers, if they are surrendered; if so, they will be soon released. Be this as it may, you cannot doubt, by your treaties with the United States and the intercourse law, that it was your duty to have surrendered them in compliance with the demand made on you. As you have not complied with your duty in this respect, I shall send out parties, as soon as convenience permits, to ap-prehend them, and require the parties so employed to be accompanied by suitable guides, and others, that are acquainted with the individuals to be -apprehended. No unofl:!mding citizen of the Cherokee Nation will be dis-turbed, or in any way ill-treated; therefore, if the discharge of this duty -should lead to serious difficulties, the blame will be with you and your people. . I am, sir, very respectfully, your obedient servant, JOHN Ross, M. ARBUCKLE, Brevet Brig. General, U. S. A. Principal Cltief of the late Emigrant Cherokees, near Illinois river. HEADQUARTERS, 2d DEPT., w. DIVISION, Fort Gibson, November 2, 1839. Sm: It having been reported to me that threats have been made by the 'Cherokees against any Cherokee who should aid the troops in searching for the individuals implicated in the late murders, I thought it advisable to inform you that Hercules S. Martin, your agent's interpreter, will accompany the troops as an interpreter, and in no other capacity. And should it be necessary to employ a Cherokee or Cherokees to point out those individu-als (they not being personally known to the officer), although it is not my intention to do so if other persons cau be obtained, you must be aware that such persons, if employed in the service of the United States Government, will be under its protection ; therefore, any violence offered to them, in con-sequence of this employment, would be an aggression against the United Etates. I am, sir, respectfully, your obedient servant, M. ARBUCKLE, . JOHN Ross, Brevet Brig. General, U. S. A . Principal Chief of the late emitfrant Cherokees. PARK HILL, CHEROK EE NATION, November 4, 1839. SIR: Your letter of the 2d instant was handed me yesterday, by which, I am informed that it has been 1·eported "to yon that threats lulve been made by the Cherokees against any Cherokees who should aid the troops in searching for the individuals implicated tn the late murders," and that any violence offered to them in consequence of this employment would be an aggression against the United States. 116 Doc. No. 129. Some days since I had the honor also to receive another communicati()n from you, dated on the 14th of October, and to w~ich other .bus.iness of importance has prevented an earlier not1ce. Th1s commumcatJOn als() clol!'es with a de.claration "that if the discharge of this duty (searching the country by military parties) should lead to serious difficulties the blame will be with you and your people." To me it is of small moment what '' re-ports" are borne to you or any other person. l am not answerable for the slanderous fabrications of designing Cherokees or vicious white men. The truth I fear not, and court its strietest scrutiny at all times, and under all circumstances. But I do regret tile importance which has been re-peatedly attached to mere rumor, and the most improbable statements, and that reports, without proof, have been deemed sufficient to warrant serious charges against respectable individuals, to tax the community with corrupt falsehood, aud the application of htn3h and viol!mt terms to the nation, as well as its citizens. This, however, is a subject, perhaps, properly your own; but it becomes a grievance to us when yon violently assign to the-authorities and people of this country a position unfair, unnatural, and un-just in point of fact and the universal prevailing sentiment. In duty to the Cherokee people, I am again impelled to protest against any further interference on your part in their local political affairs, and to request that they may be permitted to remain in peace and quiet undis-turbed and unannoyed by thE> military in searching the country for persons whom they have no legal right to arrest, and for purposes at variance wlth the good understanding so long snbsisting and cherished between your Government and the Cherokee Nation. They are guilty of no offence against the Government or people of the United States; and if arrested it is yet purely a matter of conjecture hy what moda or before what tribunal they arc to be "punished!" Why has not the department also given in-structions on this point where it is not less important than the arrest itself1' Was it because the sanction of law was wanting 1 or was it committed to· military discretion, and martial law 1 The absence of all information on this subject, under the existing state of things, renders it exceedingly im· probable that any individual could willingly commit his safety to confine-ment in a garrison, or to be marched off to some neighboring jail. You speak of the obligations ol the Government to protect the Cherokees from domestic strife, but omit all notice of the preceding declaration in the same (6th art. of the Schermerhorn treaty of 1835), that "perpetual peace and friendship shall exist between the citizens of the United States and the Cherokee Indians." If, then, that instrument was actually made with .the Cherokee Nation, could it have been intended that this ''peace and friendship" should be confined on the one part to a small number not comprising the one-hundredth portion of the Cherokee Indians,' or the half of that; and that this small portion should be so elevated and cherished through the military, as to hold and enjoy all the friendship, protection, favor, rights, and interests, natural and conventional, belonging or apper-taining to their race? These people have no desire, direct or remote, to be at enmity with your Government. Our people are ready, on proper occa-sions, to testify their sense of honor and their love of peace; but they do · not consider it their duty, at this threatened exercise of military authority, to prostrate the nation, and surrender their rights, their interests, and the Jives of their citizens, nor do thev believe that the Government at W ush-jngton, if properly informed, would demand SITCh n sacrifice. You, as an Doc. No. 1.29. 111 officer of the United States, are responsible for your offieial conduct and measures, and, however much you seem inelined to force me, or.1 this occa-sion, to participate in sharing the responsibility of the execution of" orders'1 which 1 have never seen, if not wholly to assume it, I must be excused for waiving entirely all right or pretension to such honors. I know my duty to my own people, and our obligations to the United States ; and while I shall not shrink from the performance of the one, I shall ever regard the· other with scrupulous attention. You charge me with a failure to comply with my duty in this respect; but that is merely your opinion; and I claim the equal privilege of exercising my own judgment in reference to subjects calling for my action. And if, perchance, it should please you to overstep the proper bounds of official propriety, to indulge in invective, or decide questions not at all within the scope of your duties, it will not change my course, or cause me to forget the respect due to an officer of the United States, whose business to some extel'1t connects him with this nation. Whatever result may emanate from your action in relation to their ar-rests, I again assure you that I cannot yield to share any portion of the " blame," or responsibility, and desire that yuu will cease to confer such unmerited marks of distinction upon an individual who has no ambition to be thus signalized. 'l'o the other portions of your letter of the 14th October, 1 have no wish to reply at length; assuredly I have none to engage in a spirit of contro-versy so apparently manifest and inviting in your language. The eastern and western Cherokees have formed a union with which the majority of both are satisfied, and it being a matter exclusively their own it is not con-sidered that your approval was required to legalize the transaction, or that your opposition will destroy it among the Cherokees. 'l'he aid or friendly council of the Government officers in public matters may not at all times be objectionable, and the Cherokees have ever been g;ateful for acts of kindness rendered, but it cannot extend to an approval of political acts calculated to disturb the quiet of the mass of the people. Your other remarks are predicated upon entirely erroneous information, and wrong views, but of which I shall not now attempt any correction. Time will develop the truth of many things now clouded by false color-ings and shadows. I have the honor to be, sir, very respectfully, your obedient humble ser-vant, }1. ARBUCKLE, Brevet Brig. General, U. S. A. MEMORANDUM. JOHN ROSS, Principal Chief. Various other papers, illustrative of this memorial, will be found in the · Representative Executive Document, No. 2, of 26th Congress, 1st session, from page 354 to page 427. Among them may be seen the Decrees of Amnesty, in pages 390 to 393. 'I' he act of the western Cherokees deposing Brown and Rogers, page 386, and the act of union between the eastern and western Cherokees, page 389.

Southern Cherokee Delegation to Washington, 1866

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Southern Cherokee Delegation to Washington, 1866

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