Cherokee Mythology (Illustrated Edition). James Mooney
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opposed, however, were the western Cherokee to this project that their council, in 1825, passed a law, as the eastern Cherokee and the Creeks had already done, fixing the death penalty for anyone of the tribe who should undertake to cede or exchange land belonging to the Nation.349
After a long series of negotiations such pressure was brought to bear upon a delegation which visited Washington in 1828 that consent was at last obtained to an exchange of the Arkansas tract for another piece of seven million acres lying farther west, together with “a perpetual outlet west” of the tract thus assigned, as far west as the sovereignty of the United States might extend.350 The boundaries given for this seven-million-acre tract and the adjoining western outlet were modified by treaty at Fort Gibson five years later so as to be practically equivalent to the present territory of the Cherokee Nation in Indian Territory, with the Cherokee strip recently ceded.
The preamble of the Washington treaty of May 6, 1828, recites that “Whereas, it being the anxious desire of the Government of the United States to secure to the Cherokee nation of Indians, as well those now living within the limits of the territory of Arkansas as those of their friends and brothers who reside in states east of the Mississippi, and who may wish to join their brothers of the West, a permanent home, and which shall, under the most solemn guarantee of the United States, be and remain theirs forever—a home that shall never, in all future time, be embarrassed by having extended around it the lines or placed over it the jurisdiction of a territory or state, nor be pressed upon by the extension in any way of any of the limits of any existing territory or state; and whereas the present location of the Cherokees in Arkansas being unfavorable to their present repose, and tending, as the past demonstrates, to their future degradation and misery, and the Cherokees being anxious to avoid such consequences,” etc.—therefore, they cede everything confirmed to them in 1817.
Article 2 defines the boundaries of the new tract and the western outlet to be given in exchange, lying immediately west of the present Arkansas line, while the next article provides for the removal of all whites and others residing within the said boundaries, “so that no obstacles arising out of the presence of a white population, or any population of any other sort, shall exist to annoy the Cherokees, and also to keep all such from the west of said line in future.”
Other articles provide for payment for improvements left behind; for a cash sum of $50,000 to pay for trouble and expense of removal and to compensate for the inferior quality of the lands in the new tract; for $6,000 to pay for recovering stock which may stray away “in quest of the pastures from which they may be driven;” $8,760 for spoliations committed by Osage and whites; $500 to George Guess (Sequoya)—who was himself one of the signers—in consideration of the beneficial results to his tribe from the alphabet invented by him; $20,000 in ten annual payments for education; $1,000 for a printing press and type to aid in the enlightenment of the people “in their own and our language”; a personal indemnity for false imprisonment; and for the removal and reestablishment of the Dwight mission.
In article 6 “it is moreover agreed by the United States, whenever the Cherokee may desire it, to give them a set of plain laws, suited to their condition; also, when they wish to lay off their lands and own them individually, a surveyor shall be sent to make the surveys at the cost of the United States.” This article was annulled in 1833 by request of the Cherokee.
Article 9 provides for the Fort Gibson military reservation within the new tract, while article 7 binds the Cherokee to surrender and remove from all their lands in Arkansas within fourteen months.
Article 8 shows that all this was intended to be only preliminary to the removal of the whole Cherokee Nation from the east of the Mississippi, a consummation toward which the Jackson administration and the state of Georgia immediately began to bend every effort. It is as follows:
Article 8. The Cherokee nation, west of the Mississippi, having by this agreement freed themselves from the harassing and ruinous effects consequent upon a location amidst a white population, and secured to themselves and their posterity, under the solemn sanction of the guarantee of the United States as contained in this agreement, a large extent of unembarrassed country; and that their brothers yet remaining in the states may be induced to join them and enjoy the repose and blessings of such a state in the future, it is further agreed on the part of the United States that to each head of a Cherokee family now residing within the chartered limits of Georgia, or of either of the states east of the Mississippi, who may desire to remove west, shall be given, on enrolling himself for emigration, a good rifle, a blanket, a kettle, and five pounds of tobacco; (and to each member of his family one blanket), also a just compensation for the property he may abandon, to be assessed by persons to be appointed by the President of the United States. The cost of the emigration of all such shall also be borne by the United States, and good and suitable ways opened and procured for their comfort, accommodation, and support by the way, and provisions for twelve months after their arrival at the agency; and to each person, or head of a family, if he take along with him four persons, shall be paid immediately on his arriving at the agency and reporting himself and his family or followers as emigrants or permanent settlers, in addition to the above, provided he and they shall have emigrated from within the chartered limits of the State of Georgia, the sum of fifty dollars, and this sum in proportion to any greater or less number that may accompany him from within the aforesaid chartered limits of the State of Georgia.
A Senate amendment, defining the limits of the western outlet, was afterward found to be impracticable in its restrictions and was canceled by the treaty made at Fort Gibson in 1833.351
PL. VI
TAHCHEE (TĂTSĬ′) OR DUTCH
(From Catlin’s painting of 1834)
The Washington treaty was signed by several delegates, including Sequoya, four of them signing in Cherokee characters. As the laws of the western Cherokee made it a capital offense to negotiate any sale or exchange of land excepting by authority of council, and the delegates had acted without such authority, they were so doubtful as to what might happen on their return that the Secretary of War sent with them a letter of explanation assuring the Cherokee that their representatives had acted with integrity and earnest zeal for their people and had done the best that could be done with regard to the treaty. Notwithstanding this, they found the whole tribe so strongly opposed to the treaty that their own lives and property were unsafe. The national council pronounced them guilty of fraud and deception and declared the treaty null and void, as having been made without authority, and asked permission to send on a delegation authorized to arrange all differences.352 In the meantime, however, the treaty had been ratified within three weeks of its conclusion, and thus, hardly ten years after they had cleared their fields on the Arkansas, the western Cherokee were forced to abandon their cabins and plantations and move once more into the wilderness.
A considerable number, refusing to submit to the treaty or to trust longer to guarantees and promises, crossed Red river into Texas and joined the Cherokee colony already located there by The Bowl, under Mexican jurisdiction. Among those thus removing was the noted chief Tahchee (Tătsĭ) or “Dutch,” who had been one of the earliest emigrants to the Arkansas country. After several years in Texas, during which he led war parties against the wilder tribes, he recrossed Red river and soon made himself so conspicuous in raids upon the Osage that a reward of five hundred dollars was offered by General Arbuckle for his capture. To show his defiance of the proclamation, he deliberately journeyed to Fort Gibson, attacked a party of Osage at a trading post near by, and scalped one of them within hearing of the drums of the fort. With rifle in one hand and the bleeding scalp in the other, he leaped a precipice and made his escape, although a bullet grazed his cheek. On promise of amnesty and the withdrawal of the reward, he afterward returned and settled, with his followers, on the Canadian, southwest of Fort Gibson, establishing a reputation among army officers as a valuable scout and guide.353
By treaties made in 1826 and 1827 the Creeks had ceded all their remaining lands in Georgia and agreed to remove to Indian Territory. Some of these emigrants had settled along the northern bank of the Arkansas and on Verdigris river, on lands later found to be within the limits of the territory assigned to