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

the United States to relinquish the policy they had apparently adopted with regard to civilizing the Indians and keeping them permanently on their lands, at least in respect to the Creeks and Cherokees, and that appropriations should be made from time to time sufficiently large to enable the Government to hold treaties with those Indians for the extinguishment of their title.

      Commissioners appointed to negotiate a new treaty.—Stimulated by the sentiments so strongly expressed in this report of a committee of the House of Representatives, the executive authorities determined to make another effort to secure a further cession of territory from the Cherokees.

Accordingly the President appointed279 General John Floyd, Maj. Freeman Walker, and Hon. J. A. Cuthbert, all of Georgia, commissioners to negotiate a treaty with that nation, and advised them of his earnest desire that a cession should be secured from the Indians such as would prove satisfactory to that State. Messrs. Walker and Cuthbert declined their appointments, and Duncan G. Campbell and General David Merriwether were appointed280 in their places. General Merriwether dying shortly after, was succeeded by Maj. James Merriwether, whom it had been the original intention to appoint, but for whose name that of General Merriwether had been inserted in the primary appointment through mistake. Before any active steps had been taken toward the performance of the duties assigned the commission, General Floyd resigned,281 and the President determined to allow the remaining two members to constitute the full commission. Their appointment was submitted to and approved282 by the Senate, and in the transmission of their new commissions by the Secretary of War perseverance and judicious management were enjoined upon them as essential to success in their negotiations. It would seem that all their perseverance was needed, for the commissioners were unable to secure even an interview with the Cherokee authorities until a date and place had been designated for the fourth time.

Death of Agent Meigs.—About this time283 Agent Meigs, who since 1801 had represented the Government with the Cherokees, died, and ex-Governor McMinn, of Tennessee, was appointed284 to succeed him.

Failure to conclude proposed treaty.—The treaty commissioners finally met the council of the Cherokee Nation at Newtown, their capital, on the 4th of October, 1823.285 They were also accompanied by Johnson Wellborn and James Blair, who had been appointed by the governor of Georgia as commissioners to advance the interests and protect the rights of that State. The negotiations were all conducted in writing, and form an interesting chapter in the history of the methods used throughout a long series of years to secure from the Cherokees, by "voluntary, peaceful, and reasonable means," the relinquishment of their ancestral territory. The commissioners set forth their desire to procure the cession of a tract of country comprising all to which the Cherokees laid claim lying north and east of a line to begin at a marked corner at the head of Chestatee River, thence along the ridge to the mouth of Long Swamp Creek, thence down the Etowah River to the line to be run between Alabama and Georgia, thence with that line to the dividing line between the Creeks and Cherokees, and thence with the latter line to the Chattahoochee. In consideration of this proposed cession, the commissioners agreed that the United States should pay the sum of $200,000 and also indemnify the nation against the Georgia depredation claims, as well as the further sum of $10,000 to be paid immediately upon the signing of the treaty.

To this proposition, in spite of the threatening language used by the commissioners, the Indians invariably and repeatedly returned the answer, "We beg leave to present this communication as a positive and unchangeable refusal to dispose of one foot more of land."286

The commissioners, seeing the futility of further negotiations, adjourned sine die,287 and a report of their proceedings was made by Commissioner Campbell thirty days later, Major Merriwether having in the mean time resigned.

Cherokees ask protection against Georgia's demands.—Shortly following these attempted negotiations, which had produced in the minds of the Indians a feeling of grave uneasiness and uncertainty, a delegation of Cherokees repaired to Washington for a conference with the President touching the situation. Upon receiving their credentials, the Secretary of War sounded the key-note of the Government's purpose by asking if they had come authorized by their nation to treat for a further relinquishment of territory. To this pointed inquiry the delegation returned a respectful and earnest memorial,288 urging that their nation labored under a peculiar inconvenience from the repeated appropriations made by Congress for the purpose of holding treaties with them having in view the further purchase of lands. Such action had resulted in much injury to the improvement of the nation in the arts of civilized life by unsettling the minds and prospects of its citizens. Their nation had reached the decisive and unalterable conclusion to cede no more lands, the limits preserved to them by the treaty of 1819 being not more than adequate to their comfort and convenience. It was represented as a gratifying truth that the Cherokees were rapidly increasing in number, rendering it a duty incumbent upon the nation to preserve, unimpaired to posterity, the lands of their ancestors. They therefore implored the interposition of the President with Congress in behalf of their nation, so that provision might be made by law to authorize an adjustment between the United States and the State of Georgia, releasing the former from its compact with the latter so far as it respected the extinguishment of the Cherokee title to land within the chartered limits of that State.

The response289 of the Secretary of War to this memorial was a reiteration of the terms of the compact with Georgia and of the zealous desire of the President to carry out in full measure the obligations of that compact. The manifest benefits and many happy results that would inure to the Cherokee Nation from an exchange of their country for one beyond the limits of any State and far removed from the annoying encroachments of civilization were pictured in the most attractive colors, but all to no purpose, the Cherokees only maintaining with more marked emphasis their original determination to part with no more land. Seeing the futility of further negotiations, the Secretary of War addressed290 a communication to the governor of Georgia advising him of the earnest efforts that had been made to secure further concessions from the Cherokees and of the discouraging results, and inviting an expression of opinion from him upon the subject.

Governor Troup's threatening demands.—Governor Troup lost no time in responding to this invitation by submitting291 a declaration of views on behalf of the government and people of the State of Georgia, the vigorously aggressive tone of which in some measure perhaps compensated for its lack of logical force. After censuring the General Government for the tardiness and weakness that had characterized its action on this subject throughout a series of years and denying that the Indians were anything but mere tenants at will, he laid down the proposition that Georgia was determined at all hazards to become possessed of the Cherokee domain; that if the Indians persisted in their refusal to yield, the consequences would be that the United States must either assist the Georgians in occupying the country which is their own and which is unjustly withheld from them, or, in resisting the occupation, to make war upon and shed the blood of brothers and friends. He further declared that the proposition to permit the Cherokees to reserve a portion of their land within that State for their future home could not be legitimately entertained by the General Government except with the consent of Georgia; that such consent would never be given; and, further that the suggestion of the incorporation of the Indians into the body politic of that State as citizens was neither desirable nor practicable.