Letter Protesting the Cherokee Treaty
9/30/1836
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In this letter, John Ross and Council claim that the Cherokee Treaty of Echota was a fraud. The letter requests the return of Cherokee guns but offers respect and peace. It is signed by John Ross and many council leaders.
This document was digitized by teachers in our Primarily Teaching 2016 summer workshop in Washington, D.C.
This document was digitized by teachers in our Primarily Teaching 2016 summer workshop in Washington, D.C.
Transcript
No. 207 108 [written in pencil]Red Clay Council Grounds CN.
September 30th 1836.
To Brigadier Genl. John E. Wool
Commanding U.S. Army
in the Cherokee Nation
Sir
The undersigned chiefs and representatives of the Cherokee People beg leave to address you on the Commanding General, entrusted with the execution of the Order of the President of the United States, Concerning the instrument purporting to be a treaty between the United States and the Cherokee Nation East of the Mississippi; and have the honor to state, that your communication of the 19th [illegible] to the Cherokee people, [word crossed out] respecting your instruction on the subject, was promptly read [word crossed out] and interpreted to them in General Council assembled; [word crossed out] the result of this deliberation & the expression of the sentiments adopted by upwards of twenty one hundred male adults on this occasion, the undersigned would also most respectfully communicate this you to the Govt of the United States, as follows. Towit _ the Chiefs National Committee of Council and the People of the Cherokee Nation [written as an addition, “& general council assembled”] have resolved that the instrument purporting to be a treaty made at New Echota on the 29th day of the Dec. 1835 by the Rev. John F. Schermerhorn Commissioner of the United States and the Chiefs, headmen of people of the Cherokee Tribe of Indians; in a fraud upon the Govt. of the United States and an act of oppression on the Cherokee people – that those who are represented or acting on the part of the Cherokees, and who assume the style of the “Chief’s & head men” hold no such title or designation from the Cherokees, nor have they received authority from the Nation to form said instrument, Therefore said instrument is null & void and can never in justice be enforced upon the nation, as they do most solemnly disclaim and utterly reject said instrument in the principles and all its provisions.- That a respectful memorial to the govt. of the United States be prepared on behalf of the Cherokee people pray-ing that the said instrument may be set aside. That a delegation consisting of John Ross Principal Chief, Richard Taylor, Samuel Hunter, George Sanders, [illegible], John Binge, James Brown & Stephen Foreman be & are [added later] appointed with full powers to represent the Cherokee people before the Govt. of the United States, and to enter into an arguments for the final adjustment of all their existing difficulties that this delegation are instructed to confer with the Cherokees West of the Mississippi on the subject of their acting in concert for [word crossed out] the interests & happiness of the whole Cherokee family that any irresponsible individuals assuming to themselves the power to act in the name of the nation, without
authority first legitimately obtained, will be deemed guilty of infringing the prerogative of the Nation, and violating the rights of the Cherokee people, who will assuredly never sanction such usurpation nor acquiesce in the doings of such persons. That in [added later] the course they have in reference to the instrument in question, no departure from the most respectful friendly feelings towards the President the Government and the people of the United States in contemplated but on the contrary this determination is to maintain & cultivate those friendly relations which have long subsisted between the Govt. & the people of the United States & this Nation that in compliance with a law of Congress, which directs that Indian annuities shall be paid to the chiefs or such persons as the tribe shall appoint the above named delegation have been authorized and appointed to receive from the people officers of the govt. of the United States all sums of mercy due the Cherokee Nation East of the Mississippi and to receipt for the same for and on account of the said Cherokee Nation- That the doings of the General council now assembled under the meet-ing of the Committee & Council on the second Monday in October next inexpedient, and said meeting is therefore dispensed with.
[illegible] then frankly communicating the sentiments of the Cherokee people and the doings of the General Council. The undersigned beg leave to reassure you that they are [activated?] from the present motives and the most friendly feelings towards the public functionaries & the private citizens of the United States. That the only hope of the Cherokees for a further hearing from the Govt. on the subject of the their grievances and for a more satis-factory & final adjustment of their existing difficulties, rests on the justice of their case and the unremitting confidence entertained in the good faith, magnanimity and justice of the [crossed out] President and the Congress of the United States, and to realize which, they desire that the whole truth may be fairly stated, respecting the manner and circumstances under which the instrument complained of was negotiated, and that the same may be fully understood and impartially investigated.
The Cherokees are deeply sensible of their peculiar and dependent situation, consequently are not ignorant, that their very existence as a people, in at the mercy [of, added later] the United States, and subject to their will & pleasure. Their course is plain and has ever been directed in the path of peace and friendship. Tho’ not influenced by the dastardly feelings of fear, but by those pleasing tier of confidence and social relations which have [crossed out] so long and so happily subsisted by way of objections in detail of the instrument in question, but it is deemed unnecessary. The mutual interest and welfare of the whole Cherokee family then [in the, added later] east as well as those in the West,
Would require that any final arrangement that this approbation should be equally consulted, in order that harmony [among, added later] themselves may be ensured_ policy as well as common justice would deem to require this ~.
In conclusion will you please to permit us, to state that in confidence with the desire of the Cherokee of the Valley Towno it is respectfully asked that this [gum?] may [illegible] be restored to them, which have been surrendered up in compliance with your orders, as it is to be helped there will not be found any necessity for retaining them longer_ The Undersigned beg you to accept their cordial thanks and sincere regard for your honorable course in the discharge of your military duties here, and also for the gentlemanly deportment of the officers and the orderly conduct of the soldiers under your command during the sitting of the general council. With great respect they have the honor to be, sir; your Obt. Hmbl. servants~.
John Ross [signature], Principal Chief
George Lowrey [signature], Asst. Pr. Chief
[young?] [illegible] [signature], Speaker N.C.
Archibald Campbell
The Bark Richard Taylor [signature], President of the N. Coun.
[illegible] Thomas Freeman [signature]
Young [illegible] George Still [signature]
[illegible] Rabbit James Hawkins [signature]
John Watts [signature] [Nah hoo Pah?]
James Spears [signature] John H. Bolei [smudged ink]ge [signature]
Sittiwagee [signature] Old Fields [signature]
Charles [signature] [Hair?] Connor [signature]
[illegible] [illegible]
John Wane [signature] James D. Wofford [signature]
White Oath [signature] Stephen Foreman [signature], Chair of the N. Coun.
John [illegible]
Soft Shell Turtle [signature]
Bean Stick [signature]
Walking Stick [signature]
[illegible]
Money Crier [signature]
Jesse Bushyhead [signature] [illegible] N. Council
CC278
[Second panel at the top]
N440
John Ross + [illegible]
30th Sept 1836
Protesting against the late Cherokee Treaty.
[Written in pencil]
No. 28
This primary source comes from the Records of the Office of the Judge Advocate General (Army).
National Archives Identifier: 38995558
Full Citation: Letter from John Ross and Others Protesting against the Late Cherokee Treaty; 9/30/1836; CC278; Court Martial Case Files, 12/1800 - 10/1894; Records of the Office of the Judge Advocate General (Army), Record Group 153; National Archives Building, Washington, DC. [Online Version, https://www.docsteach.org/documents/document/letter-protesting-cherokee-treaty, April 25, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.