The memorialists also call this minority "a free and independent community;" speak of themselves as a "separate and distinct nation, and their rights as an independent people, in consequence of their separation from the east Cherokees, and their establishment in a distinct territory, fully recog nised." The Indian Commissioner, on the other hand, in page 10, of Senate document No. 347, says of this minority: "They are not sovereign and independent in the full meaning of the term; nor are they so in reference to, and separate from, the eastern Cherokees." "These people are, beyond any doubt, one community, however distinctly marked are the parties into which that community is divided, and however difficult it may be again to unite them into harmonious feeling and action. It is equally clear that they are not entitled to the exclusive possession or ownership of the seven millions of acres of land; it was intended for the use of the whole Cherokee people, when all should emigrate, and was so set apart by the consent of the western Cherokees themselves." The Indian Commissioner, in another document quoted by us in our memorial (See Representative document No. 2, page 414, No. 30) clearly defines what the United States Government desires the Cherokees should understand as its principle in dealing with them. "That the majority shall rule," observes he, "is an axiom in politics now substantially admitted every where, and one that must prevail universally. It is as applicable, and its adoption as necessary, to the Cherokees as to other communities." From these two paragraphs, we should never have dreamed there could have been any difficulty in deciding who it was that the United States considered as entitled to the governing voice in Cherokee affairs. The Commissioner admits that the country west of the Mississippi belongs to the entire nation, and not to a part of it. He declares that the voice of the majority alone will be recognised as the nation. On this principle, the eastern bulk of the people recently arrived in the west clearly constitute the nation. They would have formed the majority necessary to constitute the nation had the assertion of the minority, that they amount to eight thousand, not have been the palpable exaggeration it is; for, even in estimating the original number at one-sixth of the entire population, they are largely overrated, and, since then, they have dwindled almost to nothing by coalitions with the great mass. Under these circumstances, could we have expected, when we came to appeal to his own law, that the majority shall rule, to find the Secretary of War nullifying all his professions, by himself claiming to rule the majority? But, incredible as it may be, so it appears he seeks to do! Finding rulers chosen by the majority, against whom he has objections, in the hope to contrive some show of consistency in his favor, he calls a test meeting and promises to abide by its decision on all matters excepting one; which one condition for the restoration of his confidence in the Cherokees is, merely that they will abrogate the decree exacting a guarantee from those who had threatened the public peace. The abrogation is instantly conceded; but it then appears that the Secretary had only promised to abide by the decision, so far as regarded all other matters, because he had hoped it would have been given against the wishes of the Cherokees and in obedience to his own; for, finding that such did not prove to be the case, he forthwith suspends the venerable agent who dares report the unwelcome truth. Who is there that, upon observing a high-handed and unprece dented step like this, would not pause and ponder? We ourselves could not refrain from doing so. We could not refrain from asking ourselves, was there any deeplaid scheme in view on Cherokee affairs against which it might be expedient that thinking eyes should be closed? Upon examining various public documents we confess, and we confess it with deep concern, we have discovered indications that there was. The attempt now making to annihilate all that has been done in our country, and to substitute for it the will of the Secretary of War, to us seems to result from a preconcerted scheme to create the semblance of a plea for official interposition, which it might have been convenient to keep unforeseen; to denationalize us under the pretext of necessity; to legislate us into nonentity. There is to our view, in the opposition between the construction put upon the Cherokee title in the western lands by the individuals whom the department upholds against our nation, and the construction placed upon it by the department itself, a significance most startling. We cannot escape from the impression that such contradictory interpretations of the same thing, thus emanating from the same source, betray a settled design; that they have been prepared in advance, to provide a plea for acting on the opinion expressed by General Arbuckle (Senate document 347, pages 9 and 10), who says: "were he permitted to exercise his own judgment, he would at once dissolve the two governments," and erect a new one. This violent expedient is actually adopted, in the very face of the fact that the view taken by us, in our memorial, of the title in the soil, accords with that which we understand the honorable Secretary to express as the view taken by the United States Government, and which, therefore, rendered all further action superfluous. It is adopted in the face of repeated and solemn evidences of the will of the great majority, which the Secretary declared that he meant to deem conclusive. In pursuance of this most extraordinary and uncalled-for scheme of denationalization (see Senate doc. 347, p. 8), orders were issued to General Arbuckle "instructing him what results it was desired to bring about, viz: the adoption of a constitution that will secure to every individual Cherokee his personal and political rights, and the free enjoyment of life, liberty, and property, annulling now and for ever all such barbarous laws as those under which Boudinot and the Ridges were put to death, and the penalty of outlawry inflicted upon innocent men. You must be aware," continues the Secretary, "that all such laws are inconsistent with the Constitution of the United States, to which, by the treaty, they are bound to conform." As if, with the express view of pushing mockery to the extreme, here is a call on us to abrogate a law never yet revived by us, and now retained only by the very western faction, who, for effect, invoke its repeal on our side; and the military legislator is required not to permit any violation of the privileges secured by the United States Constitution, at the very moment when the Secretary who gave the order is himself excluding two of our own citizens from the vital privileges of that Constitution-depriving the one of the liberty of speech and of opinion, and condemning the other for great crimes, without evidence and unheard! But, apprehensive of the failure of these devices, it appears from the same document 347, page 6, that "it was suggested by William Rogers, John A. Bell, and Stand Watie, on the 22d of January, that the feelings of the respective parties would probably prevent their living comfortably as one community; and that a division of their country and joint pecuniary interests would be advisable, and conducive to the well-being of all concerned. This suggestion was communicated to General Arbuckle and Captain William Armstrong, with a request that they would devise and submit a plan, by which the object they desire may be accomplished, with the consent of the parties interested." Thus have we shown that there are two schemes at this moment either before the Cherokees, or on their way to them-the one of subverting our government, and constitution, and laws; of cancelling the authority of our chiefs; and of forcing upon us a new government, a new constitution, and new laws, from the War Department: and the other of dismembering our possessions to glut the cravings of certain agitators. We have also shown that those agents, who have hitherto reported the truth, are, without any charge against them, suspended from the power of seeing the truth. And with measures thus adroitly taken to secure such a report as the Secretary may desire, nothing is likely to come to the knowledge of Congress in relation to this official conspiracy, but what they may approve. It will save an immense loss of time, and trouble, and treasure, if Congress will be convinced that the course of the Secretary of War in our case, is one which will do unequalled mischief, and eventually fail. We say this now, for there is yet time to prevent the evil. We say it, too, because we claim not to be held responsible for what we are ardently desirous of averting-what we will do any thing in our power to avert. But, we Cherokees are men--we cannot but feel like men-we would act like men. We think it our duty to say plainly, that no finessing to impose an unwelcome government on us will succeed. No intrigue to dismember our possessions for the reward of individuals will be tolerated by the Cherokees. We know our own rights, and although false appearances may be created in relation to them to deceive the United States Congress into acts of oppression under error, these deceptions grieve us, but can have no other effect. We have been dispossessed of our ancient country east of the Mississippi, without having in any way forfeited our rights there, and we request to be indemnified for its loss. We many years ago exchanged lands east of the Mississippi for lands west of Arkansas; and we ask to be secured in our titles to those lands. We also desire that such stipulations may be made, as shall prevent the unreasonable and harassing intrusions of any United States, civil, or military power within our boundary. There are unadjudicated demands arising out of losses in our forced gathering and removal; apart from the claim for our ancient country, and on other accounts. For these, our situation exacts a settlement. We beg to add, that, as there may be many minor points which have escaped us, and upon which your committee may require more light, we will be happy, either personally, or in writing, at any time, to afford all the information in our power that may facilitate your investigations. We have the honor to be, gentlemen, with profound respect, your very obedient servants, Hon. JOHN BELL, JNO. ROSS, E. HICKS, W. SHOREY COODEY, GEORGE HICKS, EDWARD GUNTER, ARCHIBALD X CAMPBELL. Chairman Committee on Indian Affairs. WASHINGTON CITY, April 20, 1840. P. S. We regret to mention that, in the printed copy of our memorial, and other papers submitted to Congress on the 28th of February, 1840, and forming document No. 129 of the House of Representatives, 26th Congress, 1st session, we were made to say things which we did not mean, and not to say things which we did mean. These were errors of the press, and doubtless unintentional. We mention them here, in the hope that, in the printing of the present communication and the accompanying papers, similar mistakes may be guarded against. A. ILLINOIS COUNCIL GROUND, BROTHERS: Considerable excitement has, for a few days past, prevailed among us, on account of some rash acts among our own people. And we have thought proper to send you this communication to prevent any unpleasant feelings which might be created by false rumors. The lives of innocent persons were threatened by some individuals, and we were compelled to take up arms to prevent the mischief from being done. But we are not disposed to make war. We wish to hurt no one; not even those who have threatened our lives. We wish you to be guarded against the false representations of designing and wicked men. The interests of the red men are the same. and for ever hold each other firmly by the hand. Let us always be friends, If false news should reach you concerning us, believe it not. If it should be repeated, send some of your faithful men to let us know, and to hear the truth. This you may be assured of: we are altogether on the side of peace, and it is our determination to do all we can to preserve it. The Cherokee people who have lately come to this country, and the old settlers, are now met in general council, and we hope soon to have all difficulties adjusted in a friendly way; which, when it is done, we shall take pleasure to communicate to you. And we shall, at all times, be happy to hear from you. Your friends and brothers, To the CHIEFS of the Creek Nation. JNO. ROSS, GEORGE LOWREY, LOONEY PRICE, TOBACCO WILL, YOUNG WOLF, B. CONVENTION-Ground, Cherokee Nation, July 29, 1839. FRIENDS AND BROTHERS: We have thought proper to address you these lines, and to let you know that your Cherokee brothers are now assembled in council. The objects are to form a reunion of the people, and to establish a government suited to their present condition and wants, under which we may all live and prosper. These desirable ends once effected, the Cherokees would be prepared to form new acquaintances with all their neighboring red brethren, and to cultivate that peace and friendship which have for so many years been established between them by our fathers. In order that you may be correctly advised of the truc situation of our affairs, and be convinced of our peaceable and friendly disposition toward every nation of the human family, we would be gratified to see some of you at our convention, if you can make it convenient to do so. Such a visit would enable you to learn our true character, and to detect any unfavorable or false reports which may have reached you concerning us. The clouds which seemed to have been gathering around the peace and tranquillity of our people, it is hoped, will soon be dispersed, and that we shall again enjoy the pleasure of a calm and clear day. Wishing you and your nation peace, prosperity, and happiness, we are your friends and brothers, George Lowrey, George Guess, his x mark. Small Back, his x mark. Thomas Foreman, Edward Gunter, Lewis Ross, Bird Doublehead, Charles Coodey, George Hicks, Looney Price, Riley Keys, Daniel McCoy, Stephen Foreman. By order of the convention: JOHN ROSS. To the chiefs of the SENECAS AND SHAWNEES, DELAWARES AND QUAPAWS. |