Part 1

SMITHSONIAN INSTITUTION--BUREAU OF ETHNOLOGY.

THE CHEROKEE NATION OF INDIANS:

A NARRATIVE OF THEIR OFFICIAL RELATIONS WITH THE COLONIAL AND FEDERAL GOVERNMENTS.

BY

CHARLES C. ROYCE.

Fifth Annual Report of the Bureau of American Ethnology to the Secretary of the Smithsonian Institution, 1883-1884, Government Printing Office, Washington, 1887, pages 121-378.

CONTENTS.

Page.

Introduction 129 Cessions of land--Colonial period 130 Cessions of land--Federal period 131 Treaty of November 28, 1785 133 Material provisions 133 Historical data 134 De Soto's expedition 134 Early traditions 136 Early contact with Virginia colonists 138 Early relations with Carolina colonists 138 Mention by various early authors 139 Territory of Cherokees at period of English settlement 140 Population 142 Old Cherokee towns 142 Expulsion of Shawnees by Cherokees and Chickasaws 144 Treaty relations with the colonies 144 Treaty relations with the United States 152 Proceedings at treaty of Hopewell 153 Treaty of July 2, 1791 158 Material provisions 158 Historical data 160 Causes of dissatisfaction with boundary of 1785 160 Tennessee Company's purchase 162 Difficulties in negotiating new treaty 162 Survey of new boundaries 163 Treaty of February 17, 1792 169 Material provisions 169 Historical data 169 Discontent of Cherokees 169 War with Cherokees 170 Treaty of June 26, 1794 171 Material provisions 171 Historical data 171 Complaints concerning boundaries 171 Cherokee hostilities 173 Intercourse act of 1796 173 Treaty of October 2, 1798 174 Material provisions 174 Historical data 175 Disputes respecting territory 175 Treaty of October 24, 1804 183 Material provisions 183 Historical data 184 New treaty authorized by Congress 184 Wafford's settlement 186 Further negotiations authorized 187 Treaty of October 25, 1805 189 Material provisions 189 Treaty of October 27, 1805 190 Material provisions 190 Historical data respecting this treaty and the preceding one 190 Continued negotiations authorized 190 Controversy concerning "Doublehead" tract 192 Treaty of January 7, 1806 193 Material provisions 193 Treaty of September 11, 1807 194 Material provisions 194 Historical data 195 Controversy concerning boundaries 195 Explanatory treaty negotiated 197 Treaty of March 22, 1816, ceding land in South Carolina 197 Material provisions 197 Treaty of March 22, 1816, defining certain boundaries, etc 198 Material provisions 198 Historical data 199 Colonel Earle's negotiations for the purchase of iron ore tract 199 Tennessee fails to conclude a treaty with the Cherokees 201 Removal of Cherokees to the west of the Mississippi proposed 202 Efforts of South Carolina to extinguish Cherokee title 204 Boundary between Cherokees, Creeks, Choctaws, and Chickasaws 205 Roads through the Cherokee country 208 Treaty of September 14, 1816 209 Material provisions 209 Historical data 210 Further purchase of Cherokee lands 210 Treaty of July 8, 1817 212 Material provisions 212 Historical data 214 Policy of removing Indian tribes to the west of the Mississippi River 214 Further cession of territory by the Cherokees 216 Treaty of February 27, 1819 219 Material provisions 219 Historical data 221 Cherokees west of the Mississippi--their wants and condition 221 Disputes among Cherokees concerning emigration 222 Public sentiment in Tennessee and Georgia concerning Cherokee removal 223 Treaty concluded for further cession of land 225 Status of certain Cherokees 228 Treaty of May 6, 1828 229 Material provisions 229 Historical data 231 Return J. Meigs and the Cherokees 231 Tennessee denies validity of Cherokee reservations 232 United States agree to extinguish Indian title in Georgia 233 Treaty of May 6, 1828--Continued. Cherokee progress in civilization 240 Failure of negotiations for further cession of lands 241 Cherokee Nation adopts a constitution 241 Cherokee affairs west of the Mississippi 242 Treaty of February 14, 1833 249 Material provisions 249 Historical data 251 Conflicting land claims of Creeks and Cherokees west of the Mississippi 251 Purchase of Osage half-breed reserves 252 President Jackson refuses to approve treaty of 1834 252 Treaty of December 29, 1835 253 Material provisions 253 Treaty of March 1, 1836 (supplementary articles) 257 Material provisions 257 Historical data 258 Zealous measures for removal of Eastern Cherokees 258 General Carroll's report on the condition of the Cherokees 259 Failure of Colonel Lowry's mission 262 Decision of Supreme Court in "Cherokee Nation v. Georgia" 262 Failure of Mr. Chester's mission 262 Decision of Supreme Court in "Worcester v. Georgia" 264 Disputed boundaries between Cherokees and Creeks 266 Cherokees plead with Congress and the President for justice 272 Cherokees propose an adjustment 274 Cherokees memorialize Congress 275 Treaty negotiations resumed 278 Report of Major Davis 284 Elias Boudinot's views 285 Speech of General R. G. Dunlap 285 Report of General John E. Wool 286 Report of John Mason, Jr. 286 Henry Clay's sympathy with the Cherokees 287 Policy of the President criticised--Speech of Col. David Crockett 288 General Winfield Scott ordered to command troops in Cherokee country 291 John Ross proposes a new treaty 291 Cherokees permitted to remove themselves 292 Dissension among Cherokees in their new home 292 Cherokees charge the United States with bad faith 296 Per capita payments under treaty of 1835 297 Political murders in Cherokee Nation 297 Adjudication commissioners appointed 298 Treaty of August 6, 1846 298 Material provisions 298 Historical data 300 Cherokees desire a new treaty 300 Feuds between the "Ross," "Treaty," and "Old Settler" parties 301 Death of Sequoyah, or George Guess 302 Old Settler and Treaty parties propose to remove to Mexico 302 More political murders 303 Negotiation of treaty of 1846 304 Affairs of the North Carolina Cherokees 313 Treaty of August 6, 1846--Continued. Proposed removal of the Catawba Indians to the Cherokee country. 317 Financial difficulties of the Cherokees 318 Murder of the Adairs and others 319 Financial distresses--New treaty proposed 320 Slavery in the Cherokee Nation 321 Removal of white settlers on Cherokee land 322 Fort Gibson abandoned by the United States 322 Removal of trespassers on neutral land 323 John Ross opposes survey and allotment of Cherokee domain 324 Political excitement in 1860 324 Cherokees and the Southern Confederacy 326 Cherokee troops for the Confederate army 328 A Cherokee Confederate regiment deserts to the United States 329 Ravages of war in the Cherokee Nation 332 Treaty of July 19, 1866 334 Material provisions 334 Treaty of April 27, 1868 (supplemental) 340 Material provisions 340 Historical data 341 United States desire to remove Indians from Kansas to Indian Territory 341 Council of southern tribes at Camp Napoleon 341 General council at Fort Smith 341 Conference at Washington, D.C. 345 Cession and sale of "Cherokee strip" and "neutral lands" 348 Appraisal of confiscated property--census 351 New treaty concluded but never ratified 351 Boundaries of the Cherokee domain 354 Delawares, Munsees, and Shawnees join the Cherokees 356 Friendly tribes to be located on Cherokee lands west of 96° 358 East and north boundaries of Cherokee country 365 Railroads through Indian Territory 366 Removal of intruders--Cherokee citizenship 367 General remarks 371

ILLUSTRATIONS.

Page.

PLATE VII. Earliest map showing location of the Cherokees. 1597 128

VIII. Map of the former territorial limits of the Cherokee Nation of Indians, exhibiting the boundaries of the various cessions of land made by them to the colonies and to the United States. 1884[1]

IX. Map showing the territory originally assigned to the 379 Cherokee Indians west of the Mississippi River; also, the boundaries of the territory now occupied or owned by them. 1884[1]

THE CHEROKEE NATION OF INDIANS.

By CHARLES C. ROYCE.

INTRODUCTORY.

An historical atlas of Indian affairs has for some time past been in course of preparation under the direction of the Bureau of Ethnology, Smithsonian Institution.

The chief aim of this atlas is to show upon a series of State and Territorial maps the boundaries of the various tracts of country which have from time to time been acquired through the medium of treaty stipulation or act of Congress from the several Indian tribes resident within the present territory of the United States from the beginning of the Federal period to the present day.

Accompanying this atlas will be one or more volumes of historical text, wherein will be given with some detail a history of the official relations between the United States and these tribes. This will treat of the various negotiations for peace and for the acquisition of territory, the causes rendering such negotiations necessary, and the methods observed by the Government through its authorized agents in this diplomacy, as well as other matters of public concern growing out of the same.

The following monograph on the history of the Cherokees, with its accompanying maps, is given as an illustration of the character of the work in its treatment of each of the Indian tribes.

The maps are intended to show not only the ancestral but the present home of the Cherokees, and also to indicate the boundaries of the various tracts of territory purchased from them by the Colonial or Federal authorities from time to time since their first contact with the European settlements. A number of purchases made prior to the Federal period by individuals were unauthorized and unrecognized by the Colonial authorities, and their boundaries, though given in the text, are not laid down upon the map, because the same areas of territory were afterwards included within the limits of Colonial purchases.

In the preparation of this article, more particularly in the tracing out of the various boundary lines, much careful attention and research have been given to all available authorities or sources of information. The old manuscript records of the Government, the shelves of the Congressional Library, including its very large collection of American maps, local records, and the knowledge of "old settlers," as well as the accretions of various State historical societies, have been made to pay tribute to the subject.

In the course of these researches the writer has been met in his inquiries with a degree of courtesy and kindly assistance that merits public recognition.

Among others who have shown an earnest desire to promote the object of these investigations are Hon. John M. Lea, vice-president State Historical Society of Tennessee; General Robert N. Hood, Spencer Munson, and R. H. Armstrong, of Knoxville, Tenn. The writer is also deeply indebted to the Hon. Hiram Price, Commissioner of Indian Affairs, and E. L. Stevens, chief clerk, for the readiness with which they afforded him access to the records and files of the Indian Bureau. This permission was earnestly supplemented by the intelligent assistance and encouragement of Mr. C. A. Maxwell, chief of the Land Division, as well as that of R. F. Thompson and Paul Brodie, of the same Bureau, both of whom have taken special and constant pains to aid these researches.

To Captain Adams, of the Bureau of Topographical Engineers, the hearty thanks of the writer are due for many courtesies extended in the examination of the voluminous and valuable collection of maps belonging to that branch of the public service, and equal credit must be given to Mr. G. P. Strum, principal draughtsman of the General Land Office, and his assistants, for their uniform courtesy in affording access to the official plats and records of that Bureau.

The officers of the Congressional Library have also shown a marked degree of courtesy and interest.

* * * * *

The various cessions of land by the Cherokees alluded to in the text are numerically designated upon the accompanying maps, and are as follows:

COLONIAL PERIOD.

No.| Date and designation | Description of cession. | Color. | of Cherokee Treaties. | | ---+-------------------------+--------------------------------+------- 1 |Treaty of 1721 with South|Tract in South Carolina between |Red. | Carolina. | Santee, Saluda, and Edisto | | | Rivers. | 2 |Treaty of Nov. 24, 1755, |Tract in South Carolina between |Blue. | with South Carolina. | Wateree and Savannah Rivers. | 3 |Treaty of Oct. 14, 1768, |Tract in Southwestern Virginia. |Mauve. | with British | | | Superintendent of | | | Indian Affairs. | | 4 |Treaty of Oct. 18, 1770, |Tract in Virginia, West |Red. | at Lochaber, S.C. | Virginia, Northeastern | | | Tennessee, and Eastern | | | Kentucky, which is overlapped | | | by No. 7. | 5 |Treaty of 1772 with |Tract in Virginia, West |Yellow. | Virginia. | Virginia, and Eastern | | | Kentucky. | 6 |Treaty of June 1, 1773, |Tract in Georgia, north of Broad|Mauve. | with British | River. | | Superintendent of | | | Indian Affairs. | | 7 |Treaty of March 17, 1775,|Tract in Kentucky, Virginia, and|Blue. | with Richard Henderson | Tennessee (overlaps No. 4). | | _et al._ | | 8 |Treaty of May 20, 1777, |Tract in Northwestern South |Red. | with South Carolina and| Carolina. | | Georgia. | | 9 |Treaty of July 20, 1777, |Tract in Western North Carolina |Green. | with Virginia and North| and Northeastern Tennessee. | | Carolina. | | 10 |Treaty of May 31, 1783, |Tract in Georgia, between Oconee|Green. | with Georgia. | and Tugaloo Rivers. | -----------------------------------------------------------------------

FEDERAL PERIOD.