Native Americans: 22 Books on History, Mythology, Culture & Linguistic Studies. James Mooney

view to their preparation for the condition in which the rapidly encroaching white settlements would in a few years inevitably place them.

With the disappearance of game the hunter must become a tiller of the soil or a herdsman, with the alternative of starvation. This humane policy, begun systematically in the first administration of Washington,188 took the form of a considerable annual expenditure in the purchase for the Indians of hoes, plows, rakes, and other agricultural implements, as well as looms, cards, and spinning wheels. Among the northwestern tribes these efforts at industrial civilization were productive of trifling results. The southern tribes, however, and more especially the Creeks and Cherokees, had, in considerable numbers, manifested a partial though gradually increasing tendency toward self-support. Many of them, in addition to raising the necessaries of life, were producers in a limited degree of cotton, from which their women had learned to make a coarse article of cloth; others owned considerable herds of cattle and hogs, and altogether these tribes had made a degree of progress which was alike commendable to themselves and encouraging to the Government.

      However, the persistent and unremitting demands of the border settlers for more land, backed by the thorough sympathy and influence of the State governments of Tennessee, North Carolina, and Georgia, as well as by their Senators and Representatives in Congress, acted as a powerful lever for moving the Congress and Executive of the United States to seek the complete possession of the Creek, Cherokee, Choctaw, and Chickasaw lands.

As early as 1803189 President Jefferson had suggested the desirability of the removal of these tribes beyond the Mississippi River, although the first official action taken in this direction was contained in the fifth section of an act of Congress approved March 26, 1804, erecting Louisiana into two Territories. This act appropriated $15,000 to enable the President to effect the desired object. This was supplemented in 1808,190 when the Secretary of War, in a letter to Agent Meigs giving permission for a delegation of Cherokees to visit Washington, instructed him to improve every opportunity of securing the consent of the Cherokees to an exchange of their lands for a tract west of the Mississippi.

The delegation here spoken of (composed of what were known as Upper Cherokees) visited Washington about the 1st of May, 1808, and, in the course of a discussion of the subject with the Secretary of War, took occasion to complain of an unequal distribution of annuities between the Upper and Lower Cherokees, and advanced a proposition that a dividing line be run between the territory of these two branches of the tribe, inasmuch as the former were cultivators of the soil, and desired to divide their lands in severalty and become citizens of the United States, while the latter were addicted to the hunter life and were indisposed to adopt civilized habits.191 This proposition met with the personal approval of the Secretary of War. He instructed the agent192 to ascertain the sentiments of the nation upon such a proposition, to the end that, if possible, those who adhered to aboriginal habits could be induced to accept a country in the newly acquired Territory of Louisiana, in lieu of their proportionate share of the country then occupied by the Cherokee Nation. In pursuance of this plan, the agent lost no opportunity of impressing upon the Cherokees the importance of the approaching crisis in their tribal affairs, and the necessity that some practical method should be adopted to solve the problem of subsistence involved in the rapid diminution of game. Many of the Lower or "hunter" Cherokees became persuaded of the necessity of looking out a new home, and early in January, 1809,193 President Jefferson addressed a "talk" to them, approving their project and promising facilities for the transportation of a delegation to visit the Arkansas and White River countries, where, in case they found a suitable location, the United States would assign them a sufficient area of territory for their occupation in exchange for their share of the Cherokee domain east of the Mississippi.

Based upon this proposition, a pioneer delegation of the Indians visited that country in the year 1809, and upon their report large numbers (about 2,000, as reported by Agent Meigs) of the nation signified their intention of removal as early as the autumn of that year. The United States authorities were not as yet prepared to defray the pecuniary expense of so large a migration. The agent was therefore directed to discourage for the present anything except the removal of individual families.194 The situation remained unchanged until the spring of 1811,195 when the Secretary of War informed Agent Meigs that time and circumstances had rendered it expedient to revive the subject of a general removal and exchange of lands. The latter was advised that it was very desirable to secure a cession of the Cherokee lands lying within the States of Tennessee and South Carolina, and that in case the whole nation could be brought to agree to the proposition of ceding these tracts, as the proportionate share of the "emigrant party," in exchange for lands to be assigned such party on White and Arkansas Rivers, he would be authorized and directed to negotiate a treaty with the Cherokee Nation for that purpose. From this time the subject remained in statu quo for several years, except that small parties of Cherokees, consisting of a few individuals or families, continued to emigrate to the "promised land." It is perhaps interesting to state, in connection with this emigration movement of the Cherokees, that it was primarily inaugurated shortly after the treaty of 1785, at Hopewell, when a few of those dissatisfied with the terms of that instrument embarked in pirogues, and, descending the Tennessee, Ohio, and Mississippi Rivers, reached and ascended the Saint Francis, then in the Spanish province of Louisiana, where they formed a settlement, from whence in a few years they removed to a more satisfactory location on White River. Here they were joined from time to time by their dissatisfied eastern brethren, in families and small parties, until they numbered, prior to the treaty of 1817, between two and three thousand souls.

      Efforts of South Carolina to Extinguish Cherokee Title

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On the 31st of December, 1810, the governor of South Carolina transmitted to the President a resolution of the legislature of that State urging an extinguishment of the Cherokee Indian title to lands within her State limits.196 The Secretary of War, in his letter of acknowledgment,197 assured the governor that measures would soon be taken to bring about the desired cession if possible. Nothing of importance seems, however, to have been done until the winter of 1814, when Agent Meigs was appointed198 a commissioner for the purpose of negotiating a treaty with this end in view. He was instructed that the State of South Carolina would have an agent present, authorized to defray the expenses of the treaty and to adjust the compensation that should be agreed upon in consideration of the proposed cession, agreeably to the provisions of the twelfth section of an act of Congress approved March 30, 1802, for regulating trade and intercourse with the Indian tribes.

These negotiations not having proved successful, the Secretary of War authorized Agent Meigs199 to bring a delegation of the Cherokees to Washington for this and other purposes of negotiation.

This delegation arrived early in the spring of 1816, and the Hon. George Graham, being specially authorized by the President, concluded a treaty on the 22d of March of that year.200 Therein, in consideration of the sum of $5,000, to be paid by the State of South Carolina within ninety days from the date of its ratification by the President and Senate, subject also to ratification by the Cherokee national council and by the governor of South Carolina, the Cherokees