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 Library of 
 The University of North Carolina 
 
 COLLECTION OF 
 
 NORTH CAROLINIANA 
 
 ENDOWED BY 
 
 JOHN SPRUNT HILL 
 
 of the Class of 1889 
 
 Qa'^o.o^-cs^.h 
 
 
 ^m^' 
 
26th Congress, 
 1st Sessio?i. 
 
 Doc. No. 222. 
 
 Ho. OF Rep®; 
 
 INDIANS— CHEROKEES. 
 
 May 26, 1840. 
 
 Referred to the Committee on Indian Affairs, 
 
 To the Honorable ike Committee on Indian Affairs of the House of Rep- 
 resentatives : 
 
 Gentlemen: The undersigned, a delegation representing the Cherokee 
 JVation, understand that you are engaged in considering questions of vital 
 importance to us and to our country. We learn that our memorial has 
 been referred to you ; and, since it was submitted by us to tiie House of 
 Representatives, we Iiave seen other documents on the subject, vvhicli have 
 also been placed before you, and which we fear may lead you into miscon- 
 structions unless you obtain some further information, which we take the 
 freedom to offer. 
 
 We find that you have not been furnished with our constitution and 
 laws. These were passed after the act of union which, on the 23d of Au- 
 gust, 1S39, cancelled the distinction between eastern and western Chero- 
 kees, and united the two sets of our emigrants into one nation. We en- 
 close n printed copy of all these instrnm.ents, that you may judge for your- 
 selves how far the Secretary of War is authorized by facts in insinuating 
 very strongly (See Representative document of the 26th Congress, 1st ses- 
 sion, page 13), that our "constitution" and the "laws for the government of 
 the nation," "authorize murder and excite intestine commotions." 
 
 It is our most earnest desire to establish peace among ourselves and the 
 most friendly relations with the United States. We know that nothing can 
 be easier than the attainment of these objects, if the truth will be believed 
 by those who iiave our destinies in their hands. Among ourselves there is 
 nothing in the way of tranquillity but the wrongheadedness of a very few, 
 too inconsiderate to be regarded as a party, but deriving importance in ' 
 their own eyes, and in their effect upon our nation's prospects, from the 
 support of the United States Government. There is no foundation — believe 
 us, there is none whatever — for the tales you hear of the distractions pre- 
 vailing through our country. The very manner in which we are settled 
 prevents the possibility. The eastern emigrants are so intermixed with the 
 western from one end to the otlier of the land, that there cannot exist that 
 sort of bitter party division which might arise if masses of us, each thinking 
 adversely to the other, were respectively banded together. It is over and 
 over again asserted, by the agents of the United* States at Washington, and 
 by General Arbuckle, who uniformly echoes their sentiments and sustains 
 them by his reports, that, if the eastern and western Cherokees each had " a 
 fair representation" (See the same document before quoted, page 10), in the 
 Cherokee Government, it " would soon give quiet to the people." We beg 
 to assure you that these assertions are correct enough, because we have put 
 them to the test; precisely thus is our present Government constituted, and 
 
 M i60li 
 
2 Doc. No. 222. 
 
 the arrangement Jias given quiet to the people ;" a quiet which is ahnost 
 miraculous, considering the efTorts constantly making to break it up. The 
 convention which formed the constitution consisted one-halt' of old settlers 
 in the west; and the present Government, under that constitution, preserves 
 about the same proportion. We will enumerate the various western Chero- 
 kees holding office under the new arrangement : Of principal chiefs, we 
 have but two. Joseph Vann, our second principal chief, is an old settler. 
 He was for many years second chief of the western Cherokees, and was 
 sometimes in the council. Of the six executive counsellors, three of those 
 originally elected were western Cherokees, viz : John Loone^'-, who was, 
 when the eastern Cherokees arrived, legally first chief; Aaron Price, who 
 has held various offices among the western Cherokees ; Dutch, who, after 
 his appointment, went over to the agitators. He is the same person who 
 is now represented as the second chief of the present pretended government 
 of the western Cherokees. He had visited the convention, had approved 
 of all its proceedings, and of the constitution. He assured his friends that 
 if, in the election then about to take place, he was elected to any office, he 
 would serve ; and he was elected accordingly. 
 
 Of the forty members of the national committee (which is divided into 
 two branches, viz: a national committee of sixteen, and a council of twen- 
 ty-four), twenty-two out of the forty are western Cherokees, viz: 
 
 Of the national committee, William S. Coodey, president, John Drew, 
 Thomas Thumb, John Spears, Bluford West, are old settlers ; Jos. M. 
 Lynch, Joshua Buffington, Thomas F. Taylor, and Turtle Fields, emi- 
 grated in 1837. 
 
 Of the council. Young Wolf, speaker, Jesse Russel, Young Elders, To- 
 bacco Will, Thomas Candy, Sah-lah tee-skee Watts, George Brewer, Moses 
 Paris, James M. Payne, 0-kan-stotah Logan, James Campbell, Lewis Mel- 
 ton, Nelson Riley. To these may be added the clerk of the council, David 
 Carter. 
 
 Of the supreme court judges, five in all, two are western Cherokees, viz : 
 Looney Price, an old settler ; .John Martin, emigrated in 1837. 
 
 Of the circuit court judges, two in all, both are western Cherokees. viz : 
 John Thom, an old settler ; Daniel McCoy, who emigrated in 1837. 
 
 Of the district court judges, Ibiu' in all, two are western Cherokees, viz: 
 Loony Riley, an old settler ; John Brewer, who emigrated in 1837. 
 
 Of those enumerated in the preceding list, six were members of the coun- 
 cil of what General Arbuckle calls " the old government" (that is, the gov- 
 ernment of the western Cherokees), previous to the arrival of the eastern 
 bulk of the nation. This council had but sixteen members in all. 
 
 We have thus shown that our government, as at present constituted, con- 
 tains more than the proportion of western Cherokees which General Ar- 
 buckle pronounces certain to " give quiet to the people." But if the powers 
 at Washington persist in believing things in our country to be, not as they 
 really are, but as certain individuals are bent on having it supposed they 
 are, they may create the reverse of quiet, which they now wrongfully sus- 
 pect. Whatever uneasiness prevails at present we ascribe to the confidence 
 a few agitators are permitted to place in being backed by the Government 
 here ; to the always uncandid, and often vindictive course of General Ar- 
 buckle ; and to the marked favor with which he treats the individuals who 
 have set themselves up against the nation. When the War Department at 
 Washington distinctly tells us (see the Secretary's report to the Senate^. 
 
 RT*^ti\ ^ 
 
Doc. No. 222. S 
 
 Doc. 347, of 26th Congress, 1st session, page 3) what is the only sort of 
 information it regards as " niteresting," and we tind that it consists of the 
 grossest misrepresentations (see same document, page 21, No, 9), we only 
 wonder iluit the Cherokees have fulfilled our aspirations by continuino;' to 
 be patient. May they so continue long, in despite of General Arbuckle ! 
 It is not enough for justice that the general qualifies his statements with now 
 a " perhaps,"' and then an " I believe,"' and here an " as I judge." Even 
 thus qualified, they immediately become " interesting" at the department 
 beyond the numberless entirely unqualified and multitudinously-attested 
 declarations of our friends and people ; and we deprecate this uncandid 
 course, because we would avert its tendencies. In the letter to which we 
 have just alluded, the veracity of Mr. Ross is coarsely attacked in reference 
 to Mrs. Boudinot. General Arbuckle speaks of a communication from Mr. 
 Ross, by which "it would appear that Mrs. Boudinot had advised Mr. Ross 
 to leave home for safety, saying that Stand Watie had determined to raise 
 a company of men for the purpose of taking his life." The general then 
 asserts that '= Mrs. Boudinot, when leaving this country, informed Captain 
 Armstrong, acting superintendent, that the statement of Mr. Ross in this 
 particular is totally destitute of truth." Now, the actual statement of Mr. 
 Ross simply was as follows (see Representativ^e document No. 129, 26th 
 Congress, 1st session, pages 54, 55) : '• Upon receiving intelligence of tliis 
 unhappy occurrence, I immediately requested my brother-in-law. John G. 
 Ross, who, accompanied by Mr. Lenoir and others, repaired to the place for 
 the purpose of ascertaining the facts, with the view of reporting the same 
 to you. They have returned with a message from Mrs. Boudinot confirm- 
 ing 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." General Arbuckle, in his 
 eagerness to discredit Mr. Ross, entirely overlooks the only point for him to 
 disprove — the delivery of such a messageas Mr. Rossmentions. Of the delivery 
 of such a message exactly as described by Mr. Ross, there happens to be abun- 
 dant evidence. Tfiere is evidence equally abundant of the unimpeachabfe in- 
 tegrity of John G. Ross, the person who received the message and reported 
 it. Then, what are we to say for the subsequent discrepancies? Only 
 this: on careful inquiry, it appears that friends of Stand Watie were in- 
 censed at the rumor of a warning messao;e asfainst him havino- been sent to 
 Mr. Ross; and that friends of Mrs. Boudinot account for any thing seem- 
 ingly contradictory in her course, upon the score of her having been too 
 much agitated to remember exactly what she did say, although none 
 deny that she actually did send a message. Is it unfair to infer from an 
 unintentional admission of General Arbuckle, some time afterward, what 
 the nature of that message was likely to have been ? Says the general in 
 a letter to be found at page 422 of Executive Representative document No. 
 2, 26th Congress, 1st session : " I am apprized that several of those that as- 
 sisted in making the treaty of 1835 would have killed Mr. Ross at the mo- 
 ment they heard of the Ridges and Boudinot being murdered, from the 
 belief that lie was the cause of their murder. These mdividuals took pro- 
 tection at this post for several days." Of the general's own spirit in rela- 
 tion to the matter, some notion may be gathered from an occurrence at the 
 fort soon after the act of union. He was visited there by Charles Coodey 
 and Looney Price. He seemed much excited about the C'nciliutory course 
 of so many of the western Ciierokees. He expressed great surprise at 
 
A Doc. No. 222. 
 
 Charles Coodey's having taken so active a part ; and he was answered that, 
 if every man would make the proper effort at that crisis, every thina: would., 
 be reconciledj and all be happy and at peace. On this, the general abruptly 
 and bitterly exclaimed: "You too— you shouldered a rifle, and went with 
 all the rest to guard John Ross : but for that, John Ross would have been 
 killed!" 
 
 Yes, gentlemen, it is this alacrity to believe every thing against us ; and 
 especially against those whom we trust, and who, for many years, have 
 given their country proofs how well they merit we should trust them, that 
 is now the only obstacle to "quiet among our people." We do not wish to 
 multiply remonstrances, but we might go on with an endless catalogue 
 of such grievances. Some ^e\Y^ however, have been rendered of so much 
 importance by the official reports, ihai we feel ourselves called upon not to 
 let them pass unnoticed. 
 
 Perhaps not the least imposing among these is the charge that Mr. Ross^ 
 has at various times sent "wampum and warlike talks" to various tribes 
 of Indians. " as is suppose d," says the Secretary of War (see Executive 
 Rep. D®c. No. 2, page 425), " thereby seeking to excite hostile feelings 
 against the United States." The Indian Com.missioner, in Senate document 
 347, page 3, says : "It has been heretofore stated that John Ross had dis- 
 tributed wampum, tobacco, &c., among certain Indian tribes. A letter," 
 continues he, " from Neosho sub-agent, under whose charge are the 
 Senecas, and Shawnees, and Q,uapaws, under date of 15th October, was 
 received by General Arbuckle, in which he declared that it was true John 
 Ross ' had his emissaries v/ith wampum, tobacco, &c., among my people ;' 
 and that 'they had written communications addressed not only to the 
 chiefs of the three little tribes, but to tribes north of us.' " The letter of 
 this Neosho sub-agent, whose names is Calloway, appears in page 19 of 
 the same document. It says the report about Mr. Ross "is true as the 
 writings of Moses." He adds, " I advised these people not to meet John 
 Ross in council, or to have any thing whatever to do with him ; to all of 
 which they promised compliance, except the chiefs of Senecas." We ask, 
 if there were written communications, why were they not obtained ? why 
 were they not produced, in lieu of these vague rumors? We earnestly 
 desire that they may be called for and exhibited. As this has not been 
 done, although a course so obvious, we ourselves take the liberty of pro- 
 ducing the only ones we have. They will speak for themselves. They 
 will show that the agitators in our nation had endeavored to excite the 
 neighboring tribes against us, and that we wished them " to be guarded 
 against the false representations of wicked and designing men ;" not to 
 believe injurious information, and, if convenient, to attend the convention 
 themselves in person, because "such a visit would enable them to learn our 
 true character and to detect any unfavorable or false reports which may 
 have reached them concerning the Cherokees, and to be convinced of their 
 peaceable and friendly dispositions toward every nation of the human 
 family." (See A and B.) It is this attempt to cherish a kindly feeling 
 between our people and our neighbors, which has been distorted into a 
 conspiracy to embroil the frontier. It was at the suggestion of Tobacco 
 Will and others, that the step was taken. They feared that mischief might 
 result from the intrigues of the unfriendly, to mislead our neighbors as to 
 our character and purposes. Once more, we refer you, gentlemen, to th& 
 j)apers themselves, which are appended, 
 
Doc. No. 222. S 
 
 A clamor equally loud and bitter has been raised against us, on the score- 
 of certain decrees which have been stigmatized as murderous. We have . 
 been to'd, in substance, that they evince a spirit of proscription, and for 
 that reason we deserve to be denationalized. We can assure you, gentle- 
 men, that the decrees which followed the killing of the Ridges and Boudi- 
 not offered to us the only hope of allaying the popular excitement against 
 the threateners of our public peace. So far from being decrees of proscrip- 
 tion, you can see for yourselves they were decrees providing for the safety 
 of those who had incensed the country; and providmg for that safely upon 
 the most favorable conditions which could be desired under all the circum- 
 stances. It must be borne in mind that the individuals thus pretended to 
 be wantonly proscribed, had long been regarded by multitudes of their 
 countrymen as belonging to a band whom they considered as having been 
 saved from the penalty against traitors by an overstretch of forbearance ; 
 and that if, in the sudden outbreak, provoked by mad interferences of the 
 tliree leaders of this band, v/ilh the national efforts to compose the difficul- 
 ties created principally by them, these three could no longer be screened 
 from destruction, there must have been no small discretion required to pre- 
 vent the exasperating threatenings of the coadjutors of the fallen from 
 exposing them to similar disasters. 
 
 The decrees which have been numbered among our crimes offered the 
 only resourse for mediation between the offending and the offended ; and 
 these are the decrees which have been calumniated as evidence of a thirst 
 for blood ! How entirely such an imputation was uncalled for, may be 
 distinctly seen from another decree by which the act of amnesty was im- 
 mediately succeeded. At the time of our meeting in national convention, 
 there were numerous cases of murder undisposed of. Among others, some 
 of the treaty party of 1S35, stood thus charged. One of them had slain a 
 fine young man, who was son of George Guess, inventor of the Cherokee 
 alphabet, and nephew of Archibald Campbell, one of the undersigned.. 
 If we had desired to exterminate the treaty party or any of them, these 
 charges afibrded a pretext most obvious. But pardon and peace was our 
 object, and not revenge. We formed a select committee on the subject, 
 of our gravest and mildest men. It was equally composed of eastern and 
 western Cherokees. It was presided over by George Guess, the fatlier of 
 one of those who had been recently murdered. When the decree of 
 oblivion of all murders was suggested, the other members paused for the 
 bereaved father to speak first. Guess felt the delicacy of the deference. He 
 arose ; he observed, that the proposition bemg to promote peace, and extend 
 mercy to the guilty, although he himself most bitterly mourned his loss, 
 under the peculiar situation in which his country was placed ; he saw 
 the necessity of their coming to their new arrangements with pure hearts 
 and clean hands, and he would sacrifice his personal resentments to the 
 good of his country. He was the first to pronounce in favor of the act 
 of oblivion. It passed unanimously. When reported to General Arbuckle, 
 the general gave it his unqualified praise. 
 
 But, if even proscription on our part, so far as relates to the temporary 
 disqualification of citizens of our own from holding otiice, calls for repro- 
 bation so severe, and that^ although justified by the strongest of provoca- 
 tions, what are we to say or thinkof the unlimited proscriptiens— proscrip- 
 tions touching character, fortunes, life itself — which are visited upon 
 numerous distins:nished citizens of our own, in the most uncalled-for 
 
6 Doc. No. 222. 
 
 inanner, by the Government of the United States ? Such citizens among 
 us are named by the Indian Commissioner, in his report to the Senate, 
 already quoted (see page 4), as " men whose conduct, apart from any 
 agency they may have had in these bloody deeds, could not but be of the 
 most fatal influence." General Arbuckle, in page 27 of the same docu- 
 ment, asserts that, "it would appear almost certain, that Edward Gunter 
 was in the woods near Boudinot's when he was killed ; and, it has been 
 frequently reported to him [General Arbuckle], that Mr. Lynch, who [was 
 then] with Mr. Ross, was present when John Ridge was killed ; and that 
 the party halted at his house the same day, where they took their break- 
 fast," The general adds that, " the information he had received of his 
 [Lynch] being present when Ridge was murdered, he could not fully rely 
 on, and, therefore, took no measures to have him apprehended ; but he 
 has no doubt of the party having called at his house the morning the mur- 
 der was committed." Seventeen oiher persons are denounced by name, in 
 page 16 of the same document and, in page 22, two others ; against whom, 
 says the general, "the evidence, however satisfactory it might be, of their 
 participation in the foul deeds of that day, would not be sufficient to con- 
 vict thera before a court of justice." A moment's thought will show the 
 utter absurdity of the only points which are specified in this defamatory 
 document. Because Mr. Edward Gunter may have been seen passing 
 through woods, on the borders near which a murder v/as committed, 
 Mr. Edward Gunter is denounced ! The remark on Mr. Lynch is so 
 framed, that, though it has the strength of a charge, it may be made to 
 wear the aspect of a conjecture. We would mention that, for the three 
 days before, during and after the death of the Ridges and Boudinot, Mr. 
 Lynch was at the house of his father-in-law. Judge Martin, forty miles 
 from the nearest of the places where these events occurred. Of this there 
 is abundant evidence (see C and D) ; so there is, also, that no party, what- 
 ever, breakfasted at the house of Mr. Lynch, as mentioned. The character 
 of this case may serve as a specimen of all the others. When, in uttering 
 these misrepresentations, the phrases "judging from the best information," 
 and "such information as 1 can fully rely on," are used, it may always be 
 understood that the informants in question are persons in the interest 
 of General Arbuckle, or immediately connected with the petty faction of 
 agitators ; no other intelligence is trusted. 
 
 Before v/e dismiss tlie subject of these proscriptions of Cherokees by the 
 United States Government, it is proper we should touch on two other cases, 
 more monstrous than even any of the former. We allude to that of Wil- 
 liam Shorey Coodey (see Senate document, page 9). and that of John Ross, 
 our principal chief. Mr. Coodey told the Secretary of AYar that, in his 
 opinion, traitors ought to be punished ; that the United States and other 
 nations punished traitois as well as the Cherokees ; and that the Cherokees 
 who had destroyed the Ridges and Boudinot had considered them as traitors, 
 for having made a treaty without authority, long before they were destroyed. 
 On account of this private conversation, and on this account only, although 
 freedom of speech and sentiment is held to be, upon American principles, 
 every man's clearest and dearest privilege, the secretary openly avows that 
 William Shorey Coodey is "excluded from all participation in the govern- 
 ment" of his nation ! Last of all, we would beg to point your attention 
 to the extraordinary course still continued by the Secretary of War, with 
 regard to Mr. Ross. At first, Mr. Ross was the murderer. He is repelled 
 
Doc. No. 222, f 
 
 as such from the presence of the President and the department. The 
 agitators, who have been received with so much favor, in their farrago of 
 frantic rf^vings presented to Congress, as a memorial (see Rep. doc. 162 of 
 26tli Congress, 1st session, page 15), exclaim : " He comes as the chief of 
 the Cherokees, offering to the American nation the hand of friendship. 
 Can it be received ? Can it be touched ? Can it be looked upon but with 
 abhorrence, red with the blood of his brethren ?" Mr. Ross demands of the 
 Secretary of War to be confronted with the charge and the accusers. His 
 friends are told " the evidence shall be produced in the progress of the 
 investigation which has been instituted." But when urged to complete the 
 investigation, that Mr. Ross " might have an opportunity of defending 
 himself, and showing that the e.r;j«ri!c statements, on which the charge was 
 founded, were untrue" (see Senate doc. No. 347, present session, page 5), 
 it does not seem that any investigation had been commenced. The Secre- 
 tary replied, when pushed to the point, that "an investigation was unne- 
 cessary, so long as Mr. John Ross refused to have the murderers delivered 
 up to justice." In page 9, of the Commissioner's report (same document), 
 the chara;e then dwindles down to this : " He must be reo^arded as conniving 
 at those acts ; or, viewing his conduct in the most favorable light, as unable 
 to protect the Indians under his charge, and unwilling to punish the assas- 
 sins." '-'The conclusion is irresistible that he is pariiceps criminis''' ! "Under 
 these circumstances he is excluded from all participation in the govern- 
 ment." The flimsiness of this pretext for crushing an innocent man seems 
 to us only equalled by its rancor. It will be obvious to any dispassionate 
 observer that xMr. Ross, by looking into this affair, would have exceeded 
 his powers, and could not but have excited that " intestine commotion" in 
 his country which the United States professes it should always be a para- 
 mount duty to prevent. 
 
 Once more, gentlemen, we most respectfully ask you to compare the pro- 
 scription which the United States Government oflicers ascribe to us, with 
 that which we have here shown from your own documents to have been 
 practised against us by the officers of the Government of the United States. 
 
 It would involve us in refutations interminable were we to meet every 
 misstatement in the documents before us. The almost exclusive scope of 
 the representations on our affairs would seem to be to create false showings 
 under which the United States may justify unwarrantable demands. Meet- 
 ings are described, and resolutions are reported, which make a mighty 
 figure on paper here in AVashington ; but have never been seen excepting 
 here, and. excepting upon paper. Serious allegations are made, without 
 even a shadow of evidence being tendered in their support. For example : 
 When General Arbuckle, in document 347, page 21, says of Mr. Ross, "He 
 has now attached to him (as I believe) a number of the most cunning 
 speculators of the new emigrants, and some of the old settlers, who desire 
 to profit by his assistance in passing their accounts or claims," is not this 
 meaning too much and saying too little ? Ought not the general io have 
 shown why he believed what he can find, we assure liim, no foundalicii for 
 in fact 1 Equally indefensible is the attempt of General Arbuckle, in the 
 same letter which contains this injury, to frame another, but from materials 
 so vague, that it is only in the anomalous document purporting to be a me- 
 morial, and which we have already quoted, that we have been able to detect 
 what he really intended. He transmits to the department a copy of tlie 
 decree deposing Brown and Rodgers ; and, also, the act of union which he 
 
8 Doc. No. 222. 
 
 says passed on the 12th of .luly, and reports under that dale, with the sig- 
 nature of John Looney and others ; and he says that, from these papers, 
 with the rest, the department can judge of " the character of Mr. Ross for 
 veracity." In the memorial of the agitators, to which wo have referred 
 (see page 10 of Rep. doe. No. 162). a great clamor is raised against the 
 " recreant chief, John Looney," and insinuations are cast against John Ross, 
 because on the 12th of July, when the act of union is dated, bearing John 
 Looney's signature, this western chief was acting with his former coadju- 
 tors, whom he did not quit till the latter part of August. That John Loo- 
 ney did not sign the act of union till the 23d of August is perfectly true. 
 It is equally true that the date (August 23) specially affixed to his signa- 
 ture, is omitted in the copy of the act sent to the department by General 
 Arbuckle, though affixed to the original, and so published officially by the 
 Cherokees. Is it fair to make such an omission, for which General Arbuckle 
 would seem the only one really responsible, the ground of so serious an 
 imputation, and that uttered by the general himself? The act of union 
 was submitted to the national convention on the 12th of July. It was sent 
 to certain western Cherokees, then holding an assembly apart from the 
 great majority of the nation. After deliberate consideration, and after the 
 signature of the act which deposed Brown and Rodgers, and which their 
 appeal for the military invasion of the country forced upon the people, then' 
 it was that .John Looney signed the act of union, and then it was that he 
 and many of his constituents identified tliemselves with the majority ; 
 annexing to their signatures the precise date (August 23) of the day on 
 which they were added to the former ones. We deny another imputation 
 asserted in General Arbnckle's letter (see page 21 of Senate document 347). 
 The General says that most of those who signed what is called Looney's 
 decree, deposing Brown and Rodgers, thought they were, only remonstra- 
 ting against a white Governor. For this there is not a shadow of founda- 
 tion. 
 
 It would leave our communication incomplete, were we to close it with- 
 out some notice of a remark contained in the intemperate paper presented 
 to Congress as a memorial, and to which we have in some previous pas- 
 sages alluded. That paper represents of the bulk of our nation from the 
 east of the Mississippi, that on their arrival "they found the west Chero- 
 kees with a settled government, and laws and officers duly appointed to 
 administer them." We will, as rapidly as possible, state exactly how the 
 bulk of the eastern Cherokees found the government of the west circum- 
 stanced when they arrived, and what afterward became of that govern- 
 ment. 
 
 It will be necessary to explain in the outset, how the western representa- 
 tives and rulers were elected, under their own laws. 
 
 There were three chiefs, elected by the national council, or representa- 
 tives of the people. The national counsellors were elected for two years ; 
 the three chiefs for four. The allotted term of service of the counsellors 
 expired by law in August, 1839, at which time there should have been a 
 new election. The term of service of the chiefs expired in October, 1839, 
 which also was the period for a new election of chiefs ; the law requiring 
 the new election always to be simultaneous v/ith the close of the old term. 
 
 It so happened that "when the bulk of the nation arrived from the east of 
 the Mississippi, the western people and their government seemed to be 
 standing still, as if astounded by vague expectations of some strange event. 
 
Doc. No. 22?. 9 
 
 The principal chief of the western Cherokees, Jolly, had died in Decem- 
 ber, 1838. The next chiefs JJrown, some time belore this had sent in his 
 resignation. There was, in fact, but one chief leg-ally in power, and 
 whose power could not ol itself expire till October, 1839. That one chief 
 was John Looney. 
 
 Presently after the arrival of the eastern Cherokees, the ex western chief 
 (Brown) called a privateand informal meeting of the western national council. 
 About one-half tlie members attended: when complete, the council consist- 
 ed of sixteen. The eight thus informally convened, as informally nomi- 
 nated Brown to till the vacancy, till the following October, created by the 
 death of Jolly, the principal chief: thus overstepping John Looney (the legal 
 incumbent), but creating him second chief, and appointing John Rodgers 
 third chief. It was fully understood that these measures were sanctioned 
 by General Arbuckle. Subsequently the meeting at Double Springs (or 
 Ta-ka-to-kah) was called, which professed to welcom.e the eastern Cliero- 
 kees, but to claim them as subjects. This assembly took place in June. 
 On the following August, when the term for electing a new national coun- 
 cil arrived, no election was attempted. Hence, after the month of August 
 there were no representatives of the western Cherokees authorized by law. 
 It was in this very month of August, which ended the term of the repre- 
 sentatives, that the chiefs informally elected by eight western Cherokees 
 were formally deposed; not, as has been stated, by the "council ofJMr. 
 Ross,'" but by their own constituents who had assembled apait. These 
 western constituents, having signed the act deposing the two objectionable 
 chiefs, went over, headed by John Ljoony, Aaron Price, and others, to the 
 majority, who, having assumed in the interval when no government re- 
 mained the right of acting for themselves, nov.^ completed the act of union. 
 After this they adopted a constitution, organized a new legislature, passed 
 laws, and established the present regular governmenl. Ivleanv/hile John 
 Rodgers, one of the deposed western chiefs, linked him.self with the treaty 
 party, and made his headquarters mostly at Fort Gibson, with General 
 Arbuckle, John Brown, the other western chief, is mentioned by the In- 
 dian Commissioner, in his report, document 347, page 4 (on the inform- 
 ation of General Arbuckle), as having "gone to Mexico in search of a 
 new country for himself and his friends." The general's letter, declaring 
 this, is given at length in page 27 of the same document. But a letter in 
 page 40 of the same document, from one of John Brown's partisans (George 
 W. Adair), addressed to his friends, J. A. Bell and Stand Watie, represents 
 their late coadjutor (John Brown) very differently. Adair says " Brown has 
 deserted his country^ and gone to seek an asylum in Mexico." 
 
 Notwithstanding the steady and successful march of the now-united na- 
 tion toward a composure of all the troubles of the country, and the estab- 
 lishment of a liberal constitution and patriarchal laws, the wreck of the 
 small party of agitators, still sustained by General Arbuckle, continued to 
 act as if they had authority. In October, 1839, although, as we have 
 shown, there had been no elections to authorize a council competent to 
 create chiefs and transact business, these individuals called a public meet- 
 ing at Ta-ka-to-kah. About forty or fifty persons appeared, and these 
 mostly of the Schermerhorn treaty party, among whom were a few old set- 
 tlers. A number of these clubbed together, voted themselves a council, 
 and this informal club, self-dignilied with a popular title, elected Dutch, 
 Rogers, and Smith, their chiefs. The rest of the nation looked on the 
 
10 Doc. No. 222. 
 
 whole affair with utter indifference ; nor would it ever have risen into re- 
 membrance, but for the consequence given to it by the support of General 
 Arbuckle. 
 
 It is to this factitious council that the Indian Conamissioner alludes in 
 page 3 of his report to the Secretary of War, contained in Senate document 
 No. 347, 26th Congress, 1st session, and of whom the Commissioner states : 
 " On the 5th of JNovember a decree was adopted at a ' national council, in 
 general council convened,' of the old settlers, denouncing the proceedings 
 of Mr. Ross and his party, which are declared null and void ; protesting 
 against the transaction of any business by the Koss delegation now in this 
 city, with the Government, for or on behalf of the Cherokee Nation : de- 
 claring that no act of theirs shall be binding; and that no money, belonging 
 to the Cherokee Nation, in the shape of national funds, shall or can be 
 drawn from the United States Government, or its officers, without author- 
 ity given and empowered by the national council, and the same sanction- 
 ed by the chiefs." 
 
 Having thus candidly explained the manner in which what is thus self- 
 styled a "national council, in general council convened," was got up 
 and continued, it is scarcely necessary to remark upon its monstrous pre- 
 tensions. It was from this same pretended council that, as the Indian 
 Commissioner reports (see document 347, already quoted, page 3), "an ap- 
 plication was, late in November, addressed by the chiefs. Rodgers, Smith, 
 and Dutch, through the agent and superiniendent, to the department, which 
 was received on the 2Sth December, requesting that a delegation of five 
 might be permitted to visit Washington to represent their grievances, and 
 meet the Ross delegation at the seat of Government." " They were inform- 
 ed," adds the Commissioner, under date of 2d January, " that this was 
 thought to be unnecessary; that the Cherokee difficulties were understood, 
 and that the Government would do what was right and proper under the 
 circumstances." Yet, notwithstanding they were so informed, they came to 
 Washington, and have sent to Congress, in the shape of a memorial, the doc- 
 ument we have already noticed more than once. It is a tissue of misrepre- 
 sentations against us and our country, and a mass of extravagant claims,' 
 calculated to destroy all hope of peace among us for ever, if supported by the 
 authorities here, as the signers have been in the west, whore Fort Gibson has 
 been their leading place of rendezvous, and its commandant apparently' 
 their principal director. It may be further remarked upon General Ar- 
 buckle's praise of this party, and of their leaders, as " all respectable men :" 
 that Smith, one of the now self-styled chiefs, is the very person against 
 whom, awhile previous, General Arbuckle called upon Mr. Ross to take 
 proceedings, under the charge that he was collectmg a body of men, by 
 subscription, to attack Fort Wayne. The reports were examined, and 
 found to be false. The accuser fled ; and it was not long before Smith ap- 
 peared (under the patronage of General Arbuckle) as one of the heads of 
 what the General is pleased to regard as the legitimate government of the 
 Cherokees. At the career of John Rogers, the other pretended chief, we 
 have glanced already. Dutch, who heads the triumvirate, identified him- 
 self with the majority of the nation in the earlier measures of the conven- 
 tion. He probably is under guidance now ; and not understanding English, 
 may not be thoroughly familiar with all he is used to sanction. 
 
 We trust we have shown, in the preceding exposition, and satisfactorily, 
 that if there is any foundation for the sooften-reiterated charge that a gov- 
 
Doc. No. 222. ft 
 
 ernment in the west has been usurped, we are not the usurpers. We have 
 thought it due to our country to put you in possession of the facts upon this 
 point, as well as upon others. We regret that the multiplicity of the slan- 
 ders artfully disseminated against us, has compelled us to detam you so long- 
 on our affairs ; but ere we dismiss this subject, we will crave your contin- 
 ued patience while we add a iew words in relation to our actual position at 
 this moment. 
 
 The persons professing to be a western delegation, in their memorial 
 which forms Representative document No. 162 of the present session, claim 
 for the minority of the nation, who were established in the west prior to the 
 arrival of the great bulk of the people recently, the right to hold the new 
 comers, no matter what their numbers, "subject to their laws and their offi- 
 cers" (see page 3), because '-their numbers could not affect their rights, nor 
 impair those of the people to whom they thus came. They came," con- 
 tinues the memorial, " under the treaty provisions to join their brethren. 
 It they came in such numbers," it proceeds, " as to constitute a nJlijority, 
 there would be less reason for their insisting on havmg a governmt^nt of 
 their own. or on putting down the existing government and establishing a 
 new one ; for, being a majority of the people they thus joined, they could 
 elect, when the period came on, whom they pleased." We would here beg- 
 yon to remark, gentlemen, that, before the period prescribed for such an 
 election, the western minority, had its schemes not have been thwarted, 
 would have possessed itself of all moneys due to the Cherokee Nation," and 
 then what would have been the situation of the majority, robbed of the 
 public purse by those who were claiming to bring them under subjection ? 
 The proof of the attempt to seize the national treasure will be found in 
 Executive Rep. document No. 2, pages 355, No. 1. If any doubt could 
 arise as to the extent of this design upon our money, it will vanish on refer- 
 ence to Senate document No. 347, pages 16 and 17, where, in Nos. 4 and 5, 
 what the real plot was is more boldly explained, and still sought to be car- 
 ried. No. 5 exhibits the device for eventually buying up the majority with 
 its own money. It may be remarked, at the same time, that the crisis might 
 have seemed a peculiarly appropriate one for the purpose. It would have 
 found us in a state of the most galling destitution. A large portion of our 
 people had, in our original country, through tlie extraordinary circum- 
 stances of our capture, lost their all ; and, on arriving at the country whither 
 we were forced, they were rendered more destitute than ever of the means 
 of creating new homes by the want of even health and strength. The ad- 
 vances made to some of them by the commissioners on account of improve- 
 ment claims, had been so meager as rather to exasperate than relieve their 
 wasted condition. Many were without axes to cut logs for cabins, having 
 been forced away too abruptly to gather their farming implements; and 
 they had now no power to su])ply their loss. When they pressed for the 
 payment of their various individual claims, every inquiry concerning the 
 moneys expected to have been forwarded to the United States agents was 
 answered evasively and mysteriously. Their suffering, tlirough scantiness 
 of food, 'might have been mitigated had they retained the means of sup- 
 plying themselves from the chase; but the arms taken from them by the 
 military east of the Mississippi, and the restoration of which in the west 
 was promised, were not, and have not yet been, delivered ; nor can we ob- 
 tain any knowledge whatever of what has become of them. Of the extreme 
 dissatisfaction created by these untoward circumstances we forbear to speak, 
 but will return to the point whence we went back. 
 
12 ... ■ Doc. No. 222. 
 
 The memorialists also call this minority "a free and independent com- 
 munity;'' 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 in- 
 depgndent 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 commnnity 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 tlie exclusive possession or ownership of the seven millions 
 of acres of land ; it was intended for the use of tlie 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 substan- 
 tially admitted everywhere, and one that must prevail universally. It is as 
 applicable, and its adoption as necessary, to the Cherokees as to other com- 
 munities." From these two paragraphs, v/e should never have dreamed 
 there could have been any difhculty in deciding who it was that the United 
 States considered as entitled to the gfoverning 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 mainority, that they amount to eight thousand, 
 not have been the palpable exnggeration it is ; for, even in estimating the 
 original number at one-sixth of the entire population, they are largely over- 
 rated, and, since then, they have dwindled almost to nothing by coalitions 
 with the great mass. Under ihese circumstances, could we have expected, 
 when we came to appeal to his ov/n 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 objec- 
 tions, 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 coniidence in the Chero- 
 kees 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 hadi 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 schema in view on Cherokee affairs against which. 
 
Doc. No. 222. |# 
 
 it might be expedient that thinking eyers should be closed? Upon exam- 
 ining.various public documents we confess, and we confess it with deep 
 concern, we have discovered indications that there was. The attcnjpt now 
 making to anniiiilate all that has been done in our country, and to substi- 
 tute 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 interposi- 
 tion, which it might have been convenient to keep unforeseen ; to dena- 
 tionalize 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 depart- 
 ment 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 ac- 
 tually 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 Gov- 
 ernment, 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 mnjority, whicli the Secretary declared that he meant to deem conclu- 
 sive. In pursuance of this most extraordinary and uncalled-for scheme of 
 denationalization (see Senate doc. 347. p. 8), orders were issued to Gene- 
 ral 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 Con- 
 stitution 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 ex- 
 treme, here is a call on us to abrogate a law never yet revived by us, and 
 nov/ 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 — de- 
 priving the one of the liberty of speech and of opinion, and condemning 
 the other for great crimes, without evidence and unheard ! But, apprehen- 
 sive 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 ad- 
 visable, and conduciv^e 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 ob- 
 ject they desire may' be accomplished, with the consent of the parties inter- 
 ested." 
 
14 Doc. No. 222. 
 
 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 
 o-overnment, and constitution, and laws ; of cancelhng the authority of our 
 cliiefs ; 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 re- 
 lation to this official conspiracy, but what they may approve. 
 
 It will save an immense loss of time, and trouble, and treasure, if Con- 
 gress 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 avert- 
 ing — 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 gov- 
 ernment 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 re- 
 lation 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 Mississip- 
 pi, 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 un- 
 adjudicated demands arising out of losses in our forced gathering and re- 
 moval ; 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 es- 
 caped 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 inform- 
 ation in our power that may flicilitate your investigations. 
 
 We have the honor to be. gentlemen, with profound respect, your very 
 obedient servants, 
 
 J NO. ROSS, 
 E. HICKS, 
 . . W. SHOREY COODEY, 
 
 JOSEPH M. LYNCH, 
 . GEORGE HICKS, 
 
 - EDWARD GUNTh^R, 
 
 JOHN X LOONEY, 
 ARCHIBALD x CAiMPBELL. 
 
 Hon. John Bell, 
 
 Chairman Committee on Indian Affairs. 
 
 Washington City, Aj^ril 20, 1840. 
 
Doc. No. 222. %§■ 
 
 P. S. We regret to mention that, in the printed cop^ of our memorial, 
 and other papers submitted to Congress on the 2Sthof 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. Hiese 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, simi- 
 lar njistakes may be guarded against. 
 
 A. 
 
 Illinois Cou^x•IL-GI^ouND, 
 III General Council, July 1, 1839. 
 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 un- 
 pleasant 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. Let us always be friends, 
 and for ever hold each other firmly by the hand. 
 
 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 
 tru.th. 
 
 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 difR- 
 culties 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, 
 
 J NO. ROSS, 
 GEORGE LOWREY, 
 EDWARD GUNTER, 
 LEWIS ROSS, 
 LOONEY PRICE. 
 TOBACCO WILL, 
 YOUNG WOLF, 
 LEWIS MELTON, ' 
 
 IRA ROGERS, 
 KENAH. 
 To the Chiefs of ihe Creek Nation. 
 
16 
 
 Doc. No. 222. 
 
 B. 
 
 Cojvvention-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 estab- 
 lish a government suited to their present condition and wants, under which 
 we may all live and prosper. These desirable ends once effected, the Chero- 
 kees would be prepared to form new acquaintances with all their neighbor- 
 ing red brethren, and to cultivate that peace and friendship which have for 
 so many years been established between tliem by our fathers. 
 
 In order that you may be correctly advised of the true 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 ffilse 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. 
 ■'- ;:■•!• , " • , ■-. ■ . ,: - ■ ■■ Tobacco Will, his X mark. 
 '- Bark, his X mark. 
 
 ■' ■ :•/ .'. '. . Small Back, his X mark. 
 
 . -.; ; •. ; : , . Wahahchee, his X mark. 
 
 Lewis Melon, 
 V •:, ., ,; .-. ■■■ : , : . ■ . G. W. Gunter, 
 
 ' ;^ ,, Thomas Candy, 
 
 :' - '•.■.•■..; :. ■; ■ '■ Young Wolf, 
 
 ,.■ V "■■.-., ■ Jack Spears, 
 
 . . . , ' ; .• . . ^ .. . , ;■ K. Taylor, 
 
 James Brown, 
 ' •.:•,-:.,.;..;. ' Thomas Foreman, 
 
 Edward Gunter, 
 Lewis Ross, 
 .';..; - - Bird Doublehead, 
 
 .■/. ■ Charles Coodey, 
 
 George Hicks, 
 Looney Price, 
 Kiley Keys, 
 , ■ , , / Daniel McCoy, 
 
 ' Stephen Foreman. 
 By order of the convention : 
 
 JOHN ROSS. 
 To the chiefs of the Senegas and Shaavnees, 
 
 DeLAWARES and dUAPAWS. 
 
Doc. No. 222. 17 
 
 Washington City. April 15, 1840. 
 Dear Sir: General Arbuckle, in a letter addressed to Honorable J. R. 
 Poinsett, Secretary of War, dated llth December, 1839, uses the following- 
 language : " And it has been frequently reported to me that Mr. Lynch, who 
 is now with Mr. Ross, was pret-ent when John Ridge was killed, and that 
 the party hahed at his house the same day, where they took breakfast." My 
 object in addressing you this note is to request that yon will please to state 
 m writing, whether or not you saw me at or about the time the Ridges and 
 Boudinot were said to liave been killed; and if so, at what place, and if yon 
 can recollect, please to state tlie precise day. 
 Respectfully, your obedient servant. 
 
 josi^:ph m. lynch. 
 
 Col. Thos. C. Hindman, 
 
 Washington City. 
 
 D. 
 
 Washington City, April 15, 1840. 
 
 Sir : Your note ol this date is before me ; in which you request that I 
 state, in writing, whether or not I saw you at or about the time the Ridges 
 and Boudinot were said to have been killed: and if so, at what place, and 
 also Ifie precise day. I understand the Ridges and Boudinot were killed on 
 Saturday, the 22d June, 1S39. (John Ridge at his house about sunrise of 
 that morning.) I left Ta-ka-tokah council ground on Thursday evening, 
 20th June, 1839, for Lewis Ross's residence on CJrand river, and near Judge 
 Martin's, on that evening, 1 met you in company with another person, going^ 
 in the direction ot Judge Martin's lower farm: and on Saturday morning, 
 22d June, I was returning to Parkhill, from Lewis Ross's; I passed the 
 Grand iSaline. about 9 o'clock in the mornimr, and at that place I saw you. 
 Pily understanding was that you had been engaged for several days previous 
 in assisting Judge Martin to open a stock of goods at the Grand Saline. 
 Consequently, it is impossible that the reports received by General Ai'buckle 
 can be true in relation to you, as the distance from Grand Saline, to Joha 
 Ridge's is at least forty miles. . -.■.•', 
 
 Respectfully, your obedient servant, 
 
 THOMAS C. HINDMAX. 
 
 Sir. Joseph M. Lynch. 
 
 Washington City, April 22, 1840. 
 
 Gentlemen : There are certain points in a report elicited from the 
 Secretary of War, by a resolution requiring information on Cherokee af- 
 fairs, upon which I feel it due to myself and to my country to addres."? 
 you. I could only have been led to take this freedom by the manner ia 
 which I am myself mentioned in that report. It exhibits me to the world 
 as an individual whose feelings are inhuman, whose opinions are insur- 
 rectionary, and against whom soleiim compacts have rendered it impera- 
 
IS Doc. No. 222. 
 
 tive upon the United States Government to issue a special edict of pro- 
 scription. Humble as I am, I rely on your sense of justice for a hearing 
 in reply to these grave charges. Had I dreamed of this state of things 
 when I left home, I would have come prepared with irresistible docu- 
 .mentary evideace on various points ; but, ere I left the west, I thought all 
 •-o)ir troubles.: ended. So thought the Government agents, too ; for so 
 they informed our people. But, on my arrival, I was not less astonished 
 to hear that our country was reported to be in commotion tlian I was at 
 being called upon to vindicate myself from the imputation of being one 
 of its troublers. I proceed to the charge against me. 
 
 The honorable Secretary of War, communicating on the 7th of March, 
 1840, with General Arbuckle, arrives by inference at what he professes to 
 consider the irresistible conclusion that John Ross is particeps criniinis 
 " in the foul murders committed on the bodies of the two Ridges and 
 Boudinot," and then proceeds upon this verdict to settle the manner and 
 extent of punishment in these words : " Under these circumstances, he 
 is excluded from all participation in the (Cherokee) Government ; as is, 
 likewise, William Shorey Coodey, who, in conversation with me in my 
 office, persisted in considering the murders committed by the Cherokees 
 upon the persons of Boudinot and the Ridges as justifiable. Men who 
 entertain such opinions are unfit to be intrusted with power, and would 
 soon again involve the nation in domestic strife, from which we are now 
 called upon by our solemn compact with the Cherokees to protect them." 
 
 1 arrived in this city the morning previous to the date of this order, 
 and called at the department to deliver a communication intrusted to my 
 care by the Cherokee agent. The honorable Secretary adverted to our 
 difficulties in language and with an emphasis evincing much bitterness. 
 He repeated his determination never again to have any intercourse with 
 Mr. Ross ; was exceedingly harsh toward the Qiiurderous 'majority^ as he 
 frequently characterized us, and said we were looked down upon by the 
 whole Christian community with abhorrence. 
 
 The declaration in relation to Mr. Ross, and the impressions enter- 
 tained by the Secretary, forced upon my mind the natural conclusion 
 that erroneous reports, and the absence of proper information at the de- 
 partment, were tending to produce a course, which might create great 
 disasters in our nation, and ultimately be its ruin. I, therefore, remon- 
 litrated against the position assumed toward Mr. Ross, and uttered a 
 belief that the Government was pursuing a policy likely to destroy our 
 happiness •, that, if the officers of the Government continued a personal 
 warfare against Mr. Ross, the more his people saw him unjustly perse- 
 cuted the more would they be determined to sustain and defend him as 
 the chief of their choice ; that though we knew the power of this Govern- 
 ment could destroy us at any time, still its power could never be made to 
 influence us in the choice of our own local officers. If the right of self- 
 government were forced out of our hands, then the case would be altered ; 
 but till then never. I slated, also, that I had for ^^ears past been appre- 
 hensive that the leaders of the treaty party would meet the fate they did. 
 3 had so expressed myself to Mr. Harris, while he Avas Commissioner of 
 Indian Affairs : no interposition could have prevented it. In the estima- 
 tion of their countrymen they had been guilty of treason. The indig- 
 nation , which had been lulled, was aroused by their own indiscretion; 
 and, if another such treaty were made, I believed the Cherokees would 
 
"n- ■ ? 
 
 Doc. No. 222. 1& 
 
 do the same again. Mr. Poinsett replied that no such treaty ever would 
 be made again. I asked if the Americans had not laws among them- 
 selves to punish traitors with death ; and added that, however we might 
 be looked upon by the Christian community, we had no worse laws 
 against traitors than the Americans, and could place our hands upon our 
 hearts, and declare a conscientious feeling of innocence against the charge 
 of" bloody crimes." 
 
 I have repeated the substance of my remarks, not to aggravate the sup- 
 posed offence, but to illustrate more clearly opinions which it is made un- 
 lawful, immoral, and impolitic for particular men to entertain. In that 
 conversation I spoke as one of the Cherokee people, in explanatio7i of a 
 matter for which they now hold themselves collectively responsible ; not 
 as an isolated mdiWidiUdl justifijing murder and crime. 
 
 The Secretary repudiates a proscriptive policy by the majority in the 
 nation, and vindicates the minority. He urges the adoption of a consti- 
 tution " that will secure to every individual Cherokee his personal and 
 political rights, and the free enjoyment of life, liberty, and property." 
 May 1 not be permitted to ask by what right the Secretary can, with a 
 proper regard for solemn compacts, pass beyond the boundaries of all the 
 States and Territories of this Union, into the Cherokee country, and with 
 the auxiliary force of military power exercise the same proscriptive policy 
 upon the local otRcers of the Cherokee Government, which he does not 
 intend the Cherokees shall practise among themselves ? Does power give 
 such right; and superior intelligence claim its exclusive exercise? If he 
 can denounce, proscribe, and eject from office persons selected under 
 Cherokee laws, may he not also fill vacancies thus created by appointing 
 officers whose opinions accord with his ? And to what will this not lead? 
 The cause for my proscription, as given, is opinion ; an opinion honestly 
 entertained, and respectfully expressed in conversation ; an opinion enter- 
 tained b}'- all the Cherokees, save a few individuals, and they mostly co- 
 adjutors of the fallen. And if I am thus to be treated, how else can the 
 vast multitude be regarded who think and feel as I do? Follow up this 
 principle, and make this opinion the standard of qualification for office, 
 and it will be found that ninety-nine out of every hundred are " unfit to 
 be intrusted with power." 
 
 Tile position assigned me by the honorable Secretary invites the sup- 
 position that I am an ambitious agitator, whose reckless violence would 
 liot shrink from any means to obtain authority. How far this is correct 
 a few words will enable all to judge. It may also be fitting to explain, 
 before I proceed further, that I am not one of those who emigrated lately 
 with Mr. Pvoss. I am what is called an " old settler," and have Leen many 
 years one of the western Cherokees. More than three years ago I de- 
 termined to hold no office, and to that conclusion adhered until last Au- 
 gust. Up to this time I took no part in the discussions going forward, 
 and had refused to depart from my resolution. But a very small number 
 of persons, during the summer, organized a systematic opposition to the 
 wishes and choice of the great body of the people, and received an impulse 
 from a source which the Clieiokces deemed improper. Excitement 
 strengthened and spread ; an appeal was made by the feeble faction to the 
 United States, invoking its aid to enable them to overawe the nation. 
 Until this I remained quiet. A meeting was convened by the old settlers, 
 and I received a letter signed by thirty ^two respectable names, and among 
 
^0 Doc. No. 222. 
 
 them the second chief of our own Avestern Cherokees, asking my aid in 
 their efforts to counteract the evils then threatening the country. The 
 original letter is herewith submitted. I attended the proposed meeting, 
 and participated in the proceedings. Since then I have faithfully dis- 
 charged the duties assigned me as a member of the convention that 
 framed the constitution, and of the national council that followed. The 
 station was unsought by me and undesired; and accepted only at the call 
 of my country when she was in danger, with the avowed intention of 
 . withdrawing as soon as her difficulties become settled. 
 
 Though the Cherokees are accustomed to gratuitous annoyances in 
 every shape, I little dreamed that a citizen's obedience to his own na- 
 tion's call for aid would ever have been treated as a crime by officers of 
 the United States. Yet so it proved. During the month of December 
 last, I was singled out as one to be added to some previous subjects 
 marked out for military intimidation. I have already explained that, hav- 
 ing looked upon our affairs as entirely settled, I did not come to Wash- 
 ington prepared with documentary evidence of all the wrongs and inju- 
 ries I have a right to complain of, not only on my own account, but that 
 of others. It is only by chance that I find myself possessed of any pa- 
 pers to corroborate my assertions ; but, fortunately, I have some few upon 
 this last subject I enclose. They will give an idea of the repeated at- 
 tempts to arrest Mr. Drew (another old settler and member of the national 
 council), as well as myself The agent's letter to General Arbuckle is in 
 the West, but can be obtained if necessary. Mr. Drew and myself did 
 report ourselves to the general, as it will be seen he desired. The agent 
 accompanied us. The only pretence assigned by the general for hunting 
 us down in the gloom and stillness of the midnight hour proved at last 
 to be simply this : The general had supposed I intended a month before 
 to insult him, and had, consequenlly, decreed my imprisonment in the 
 garrison guard-house ! The moment I disclaimed ever having intended 
 any thing of the sort, I was freed from all further military pursuit, and 
 the monstrous annoyance ended in the offer of a drink, which I declined. 
 Mr. Drew's crime consisted of having been in my company when the 
 insult was supposed to have been intended. There was another oppres- 
 sion of the same sort practised against Mr. F. A. Kerr; and principally, 
 it would seem, because he was my brother-in-law. A detachment of 
 troops suiTOunded my father's residence while the family were enjoying 
 their night's rest. Armed men with fixed bayonets guarded the doors, 
 while others closely searched the house. Mr. Kerr was taken prisoner, 
 conveyed to the fort (a distance of ten miles), confined there until the 
 following day; and, on being liberated, was told that the general had 
 heard of some expression he had used for which he must consider that 
 as tlie general's answer. 
 
 I would here respectfully remark to you, gentlemen, that it is to the in- 
 terference of the military commandant in the local politics of our nation 
 that most of the excitement and confusion which recently distracted us 
 are to be ascribed. From the impulse derived from that source a small 
 minority have attempted, and are still attempting, to obtain supremacy; 
 and they look for support in it to the Government and the soldiery of the 
 United States. The despotism of the bayonet is trammelling our right of 
 thought and liberty of speech, except among the favored few. These 
 are privileges to which we have always been told that every American 
 
Doc. No. 22a. SI 
 
 considers every fellow creature entitled. The denial of them to its tenclsy 
 not only to bring the officers of your Government into disrepute, but to 
 destroy our people's confidence in the Government itself 
 
 i make no further comment. I hope I shall not be considered as hav- 
 ing done more than duty required, in endeavoring to repel an insinuation 
 which touches my character, and is avowedly intended to exile me from 
 my countiy. That I look with confidence to you for redress will only 
 prove to you, gentlemen, with how mucli respect, I have the honor to be 
 your most obedient humble servant, 
 
 W. SHOREY COODEY. 
 
 The Hon. Chairman and Committee 
 
 On Indian Affairs, House of Representatives. 
 
 No. 1. 
 
 Convention-Ground, August 16, 1839. 
 
 Gentlemen : We, the people termed old settlers, have arisen for the 
 purpose of consultino^ with one another on the subject of the conduct of 
 Mr. John Brown and Mr. John Rogers, the chiefs. Whereas, they called 
 a council to convene at the old council-ground, mouth of Illinois, on the 
 22d of July last : and, whereas, the said John Brown and John Rogers, in- 
 stead of settling the djliiculties now existing with the lato emigrants and 
 the individuals called the treaty party ; and, also, having already refused 
 to iorm a union between the old settlers and the late emigrants, but turning 
 the settlement over to the hand of the United States: Therefore, we, the 
 undersigned cUizens, as above stated, have already consulted with each 
 other, and Mr. J. Looney, the second chief And, whereas, we have found 
 Mr. J. Looney approving the course we have taken, we wish to have you 
 both come, and your friends, without delay ; and when you come, you can 
 consult with Mr. Looney and our friends, and take a course or measure to 
 make out the protest against John Brown and John Rogers, the chiefs, and 
 tJie proceedings of the late council. 
 
 We are looking for Mr. George Guess, Tobacco Will, and their company, 
 this evening:. 
 
 We are your friends, &c. 
 
 Ijooney Price, J. Bushyhead, 
 
 David Melton, Louis Melton, 
 
 Young Wolf, Luney Riley, 
 
 Jack Spears, Riley Keys, 
 
 Daniel McCoy, Geo. Brewer, 
 
 Chas. Gourd, Moses Parris, 
 
 Phesent, Swimmer, his x mark. 
 
 J Jesse Russel, Bird Cryer, his x mark. 
 
 Lenard Fox, John Fox, his x mark. 
 
 Mistaken Gritts, Wm. Gourd, his x mark. 
 
 Sar-kee-yau, Bend About, his x mark. 
 
 George Bushyhead, Ralph Graves, his x mark. 
 James Huges, Head Eater, his x mark. 
 
 Watter, Tassel, his x mark. 
 
 George Campbell, Che-ke-le be, his x mark. 
 -. • Bear Pouch. and others. 
 
^2 Doc. No. 222. 
 
 I have been consulted with as above stated. I am willing to assist and 
 aid my people in the course and efforts they have taken to bring about 
 peace and justice with our people in our country, as far as my power will 
 admit of. 
 
 I am yours, cfcc. 
 
 JOHN LOONEY, his x mark. 
 John Drew, and 
 
 W. S. COODEY. 
 
 No. 2. 
 
 Bayou Menard. 
 Cherokee Natioii, December 10, 1839. 
 
 Sir : Night before last, a detachment of United States troops surrounded 
 the house of Mr. Joseph Coodey ; and, after arresting Mr. Kerr, continued 
 their search for other persons whom they supposed to be there, but found 
 none other to capture. Last night, about 2 o'clock, a detachment came 
 out and surrounded the residence of Mr. John Drew, and searched the 
 buildings, but arrested no one : we were not at the house at the time. From 
 several circumstances, and the friendly intimation of some respectable gen- 
 tlemen, no doubt exists that we were the persons sought for. Both of us 
 were at Gibson on Saturday, and Mr. Drew yesterday ; and, unless it is 
 merely to aggravate the fact of an arrest, why come at the hour of midnight, 
 as though we were wolves, and only left our hiding-places at that hour ? 
 If it had been made known to us that the commanding officer at Fort Gib- 
 son had business with either of us, we should have gone at any day or hour 
 that might hnve been named, as we are not conscious of having perpetrated 
 any crime that should cause us to fear or blush at the sight of any man. 
 We do not understand the object of these proceedings ; and we desire to 
 know of you, as the United States agent for this nation, whether the Gov- 
 ernment at Washington has authorized the military to act in this manner, 
 and why it is so ? 
 
 We desire no difficulty, as individuals, with any one, and deprecate the 
 feeUng and excitement which will result from such movements throughout 
 the country. We are aware, too, that General Arbuckle has personally in- 
 terfered in our local politics to an extent that threatens bloodshed among 
 some of our people, and we hope and trust that you will use some exertion 
 to counteract the influence which such measures will lead to. If we are 
 charged with any offence against your Government, or any of its citizens, 
 it is only necessary lo give us the information, and we are ready at any 
 time to meet them anywhere. The officers at Gibson know us, and they 
 know that we are not likely to decline a fair investigation of any charge; 
 but we protest against any such method of bringing us to answer allegations 
 which may have been made. It looks too much like a declaration of hos- 
 tility on the part of the military, and is assuredly too well calculated to pro- 
 duce evil. 
 
 Very respectfully, your obedient servants, 
 
 W. SHOREY COODEY, 
 JOHN DREW. 
 
 M. Stokes, Esq., U. S. agent. 
 
Doc. No. 222. 23 
 
 Mote. — After this letter was written, another detachment was ordered 
 out, commanded by a major, for our arrest ; but returned unsuccessful, as 
 the others had before, 
 
 W. SHORE Y COODEY. 
 
 Headquarters, 2d Dept., W. Division, 
 
 Fort Gibson, December 11, 1839. 
 
 Sir: Yours of the 10th instant has been received; and 1 am directed 
 by the commanding general to say, that if Messrs. Drew and Coodey will 
 immediately come into the garrison and report themselves, that they will 
 be permitted to do so, and to return, without any molestation from the 
 military. 
 
 I am, sir, respectfully, your obedient servant, 
 
 S. G. SIMMONS, A. D. C. 
 and A. A. AdjC. Gen., 2d Dept., W. Division. 
 Governor Stokes, 
 
 Agent for the Cherokees. 
 
 A true copy 
 
 M, STOKES, 
 Agent for Cherokee Nation. 
 
 Cherokee Agency, 
 Bayou Menard, December 12, 1839. 
 
 Gentlemen : I herewith send you a copy of a letter I received yester- 
 day from General Arbuckle. 
 
 As I stated in my letter to the General that you would comply with what 
 you both stated to me; that you did not like to be arrested in the dead hour 
 of the night, but would obey any civil request, provided you were left free 
 from' confinement; the general has, in this letter, pledged himself that you 
 may go and return unmolested. My advice is, that you both go in to the 
 general's house and report yourselves, as he has suggested. 
 
 1 am, respectfully, your obedient servant, 
 
 M. STOKES, 
 Agent for Cherokee Nation. 
 
 Messrs. Wm, S. Coodey and John Drew. 
 
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