s«-K^*'-^\ -vv^o^'
Sjc ■x.i:i'€f
FIFTH ANNUAL REPORT
BUREAU OF ETHNOLOGY
SECRETARY OF THE SMITHSONIAN INSTITUTION
UL,.
» r M !'»-.,
1883-'84
J. ^V. POAVELL
DIRECTOR
WASHINGTON
GOVERNMENT PRINTING OFFICE
188 7
^ -^ ^.Uiyt^cC,
CONTENTS
REPORT OF THE DIRECTOR.
Page.
Letter ot transmittal xv
Iiitroductiou xvii
Publications _ xviii
Field work xix
Mound explorations xx
Work of Prof. Cyrus Thomas xx
Explorations iu the Southwest xxiii
Work of Mr. James Stevenson xxiii
Work of Mr. Victor Mindelelt" xxiv
Zufii researches xxv
Woric of Mr F. II. Cushiug xxv
Linguistic field work xxix
Work of Mrs. E A Smith xxix
Work of Mr II. W. Heushaw xxx
Work of Dr. Washington Matthews, U. S. A xxx
Work of Mr. Jeremiah Curtin xxxi
Work of Dr. W. J. Hott'man xxxi
Office work xxxi
Work of Col. Garrick Mallery xxxii
Work of Mrs. E. A. Smith xxxii
Work of Rev. J. O. Dorsey xxxii
Work of Mr. A. S. Gatschet xxxii
Work of Mr. F. H. dishing xxxiii
Work of Mr. J. C. Pilling xsxv
Work of Mr. C. C. Royce xxxv
Work of Mr. W. H. Holmes xxxv
Work of Messrs. Victor ami Cosmos Mindeleff xxxvi
Worlc of Prof. Cyrus Thomas xxxvii
. Worlv of Dr. H. C. Yarrow xxxvii
Work of Mr. Jeremiah Curt in '. xxxvii
Accompanying papers xxxvii
Burial monuds of the northern sections of the United States, by Prof. Cyrus
Thomas xxxvi ii
The Cherokee Nation of Indians, by Charles C. Royce xliL
The Mountain Chaut: a Navajo Ceremony, by Dr. Washington Matthews,
U. S. A xliv
The Seminole Indians of Florida, by Clay MacCauley xlviii
The Religious Life of the ZuQi Child, by Mrs. Tilly E. Stevenson 1
Expenditures liil
(iii)
IV CONTENTS
ACCOMPANYING PAPERS.
m:KIAL MOUNDS OF THE NORTHERN SECTIONS OF THE UNITED STATES, BT
PROF. CYKUS THOMAS.
rase,
Introdiictoiy 9
Buriiil mouuds of the Wisconsiu district J4
Burial mouuds of the Illinois or Upper Mississippi clistrict 24
Burial mounds of the Ohio district 45
Burial mounds of the Appalachian district (ii
The Cherokees probably monud-builders 87
Concluding remarks lOi^
Supplemental note 110
Burial ceremonies of the Hurons Ill)
The solemn feast of the dead 112
THE CIIERllKI-.E NATION OF INDIANS, HY CHARLES C. ROYCF.
Introductory \->[)
Cessions of laud— Colonial period l;{()
Cessions of laud — P>deral period i:jl
Treaty of November 28, 1T85 i:i3
Material provisions 1;j:j
Historical data 134
De Soto's expedition I34
Early traditions I31;
Early contact with Virginia colonists 13-j
Early relations with Carolina colonist's 138
Mention by various early authors 139
Territory of Cherokees at period of English settlement 140
■ Population 142
Old Chei'okee towns. 142
Expulsion of Shawnees by Cherokees and Chickasaws 141
Treaty relation with the colonies 144
Treaty relations with the United States 1,')2
Proceedings at treaty of Hopewell I.'i3
Treaty of July 2, 1791 158
Material provisions l.'iS
Historical data KiO
Causes of dissatisfaction with the boundary of 1785 IfciO
Tennessee Company's purchase 1G2
Difficulties in negotiating new treaty 162
Survey of new boundaries 163
Treaty of February 17, 171(2 169
Material provisions Ili9
Historical data 169
Discontent of the Cherokees Kill
War with Cherokees 170
Treaty of June 26, 1794 171
Material provisions 171
Historical data 171
Complaints concerning boundaries 171
Cherokee hostilities 17.'i
Intercourse act of 1796 171!
CONTENTS. V
Page.
Treaty of October 2, 1798 174
Material piovisious 174
Historical data 175
Disputes reepcctiug territory 175
Treaty of October 24, 1804 183
Material jirovisions 183
Historical data ISi
New treaty autliorized by Congress 184
Watford's settlemen t 160
Further negotiatious authorized Ia7
Treaty of October 25, 1805 18a
Material provisions 189
Treaty of October 27, 1805 190
Material jjro visions 190
Historical data respecting this treaty and tlie preceding one 190
Continued negotiations authorized ISIO
Controversy concerning Doublehead tract iy>
Treaty of January 7, 1806 193
Material provisions , 193
Treaty of September 11, 1807 194
Material provisions 194
Historical data 195
Controversy concerning boundaries 195
Explanatory treaty negotiated 197
Treaty of March 22, 1816, ceding land in South Carolina 197
Material provisions 197
Treaty of March 22, 1810, delining certain Ijoundaries, &c 198
Material provisions 198
Historical data 199
Colonel Earle's negotiations for the purchase of irou-ore tract 199'
Tennessee fails to conclude a treaty with the Cherokees 201
Removal of Cherokees to tho west of tlie Mississippi proposed 202
EB'orts of Soutli Carolina to extiiiguisli Cherokee title 204
Boundary between Cherolvces, Creeks, Clioctaws, and Chickasaws 205
Roads throngh the Clieroliee country 208
Treaty of September 14, 1810 209
Material provisions 209
Historical data 210
Further purchase of Cherokee lands 210
Treaty of July 8, 1817 212:
Material provisions 212
Historical data 21+
Policy of removing Indian tribes to the west of the Mississippi River.. 21-1
Further cession of territory by the Cherokees 216
Treaty of February 27, 1819 219
Material provisions 219
Historical data 221
Cherokees west of the Mississippi — iheir wants and condition 221
Disputes among Cherokees concerning emigration 222
Public seutimeut in Tennessee and Georgia coucerniug Cherokee re-
moval 223
Treaty concluded for further cession of laud 225
Status of certain CheroKces 228
VI CONTENTS.
Page.
Treaty of May G, 1828 .' 229
Material jirovisions 229
Historical data 231
Return J. Meigs and the Cherokees 231
Tennessee denies validity of Cherokee reservations 232
United States agrees to extinguish Indian title in Georgia 233
Cherokee progress in civilization .' 240
Failure of negotiations for further cession of lands 211
Cherokee Nation adopts a constitution 241
Cherokee affairs west of the Mississippi 242
Treaty of February 14, 1833 249
Material provisions 249
Historical data ; 2r>l
Conflicting land claims of Creeks and Cherokees west of the Missis-
sippi 251
Purchase of Osage half-breed reserves 252
President Jackson refuses to approve the treaty of 1834 252
Treaty of December 29, 1835 253
Material provisions 2.53
Treaty of March 1, 1836 (articles supplementary to treaty of December 29, 1835) . 257
Material provisions 257
Historical data 2.58
Zealous measures for removal of Eastern Cherokees 258
General Carroll's report on the condition of the Cherokees 259
Failure of Colonel Lowry's mission 262
Decision of Supreme Court in Cherokee Nation v. Georgia 262
F.ailure of Mr. Chester's mission 202
Decision of Supreme Court in Worcester v. Georgia 264
Disputed Ijoundaries between Cherokees and Creeks 266
Cherokees jilead witli Congress and the President for justice 272
Cherokees propose an adjustment 274
Cherokees memorialize Congress 275
Treaty negotiations resumed 278
Keport of Major Davis 284
Elias Boudinot's views 285
Speech of General E. G. Dunlap 285
Report of General John E. Wool 283
Report of John Mason, jr 286
Henry Clay's sympathy with the Cherokees 287
Policy of the President criticised — speeck of Col. David Crockett 233
General Scott ordered to command troojis in Cherokee country 291
John Ross proposes a new treaty 291
Cherokees permitted to remove themselves 292
Dissensions among Cherokees in their new home 292
Cherokees charge the United States with bad faith 296
Per capita payments under treaty of 1835 297
Political murders in Cherokee Nation 297
Adjudication commissioners appointed 298
Treaty of August 6, 1346 298
M.aterial provisions 298
Historical data 3U0
Cherokees desire a new treaty 300
Feuds between the Ross, Treaty, and Old Settler parties 301
Death of Sequoy sih, or George Guess 302
CONTENTS. Vir
Page.
Treaty of August 6, 1846 — Continued
Historical (lat.a — Continued.
Old Settler and Treaty parties propose to remove to Mexico 302
More political murders 303
Negoti.atiou of treaty of 1846 304
Affairs of the North Carolina Cherokecs 313
Proposed removal of the Catawba Indians to the Cherolieo country .. . 317
Financial difficulties of the Cherokees 318
Murder of the Adairs and others 319
Financial distresses — new treaty projiosed 320
Slavery in the Cherokee Nation 321
Removal of white settlers on Cherokee land 322
Fort Gibson abandoned by the United States 322
Removal of trespassers on " neutral laud " 323
.John Ross opposes survey and allotment of Cherokee dinuaiu 324
Political excitement in ISfiO 324
Cherokees and the Southern Confederacy 326
Cherokee troops for the Confederate army 328
A Cherokee Confederate regiment deserts to tbe Uuiud States 323
Ravages of- war in the Cherokee Nation 332
Treaty of July 19, 1866 334
Material provisions 334
Treaty of April 27, 1868 .'. 340
Material provisions 340
Historical data 341
United States desire to remove ludiaus from Kansas to luliuu Ter-
ritory 341
Couucil of southern tribes at Camp Napoleon 341
General council at Fort Smith 341
Conference at Washington, D. C 345
Cession and sale of Cherokee strip and neutral lauds 348
Ajipraisal of coufiscated jiroperty — census 3D1
New treaty concluded but never ratified 351
Boundaries of the Cherokee domain 3u4
Delawares, Munsees, and Shawnees join the Cherokecs 356
Friendly tribes to be located on Cherokee lauds west of 96- 358
East and north boundaries of Cherokee country 365
Railroads through Indian Territory 366
Remov.al of intruders — Cherokee citizenship 367
General remarks 371
THE MOU.VTAI.V CHANT: A NAVAJO CERB.MONY, BY Dlt. WASHINliTOX MATTHEWS,
V. S. A.
Introduction 385
Myth of the origin of dsilyidje qafill 387
Ceremonies of dsilyidje qafal 418
First four day s 418
Fifth day 419
Sixth day 424
Seventh day 428
Eighth day 429
Ninth day (until sunset) 430
Last night 431
First dance (uahikM) 432
Second dance (great plumed arrows) 433
VIII CONTENTS.
Page.
Cereniouies of dsilyi'dje qaval — Coiitiuued.
Last night — Coutinned.
Third dance 435
Fourth dance 436
Fifth dance (suu) 437
Sixth dance (staudiug arcs) 437
Seventh dance i 438
Eighth dance (rising sun) 438
Ninth dance (Hoshkilwn or Yucca baccata) 439
Tenth dance (bear) 441
Eleventh dance (fire). 441
Other dances 443
The great pictures of dsilyidje qav^ll 444
First picture (liome of the serpents) 446
Second picture (yays and cultivated plants) 447
Third ijicture (long bodies) 4."jO
Fourth picture (great plumed arrows) 4.")l
The tacrilices of dsilyidje qajal 451
Original texts and translations of songs 455
Songs of sequence 455
First Song of the Fir.st Daucers 456
First Song of the Mountain Sheep 457
Sixth Song of the Mountain Sheep 4.57
Twelfth Song of the Mouutam Sheep 458
First Song of the Thunder 458
Twelfth Song of the Thunder 459
First Song of the Holy Vouug Men 459
Sixth Song of the Holy Young Men 460
Twelfth Song of the Holy Young Men 4G0
Eighth Song of the Young Women Who Become Bears 431
One of the Awl Songs 461
First Song of the Exploding Stick 462
Last Song of the Exploding Stick 462
First Daylight Song 463
Last Daylight Song 463
Other Songs and extracts 464
Song of the Prophet to the San Juan River 464
Song of the Building of the Dark Circle 464
Prayer to Dsilyi' Neyani 465
Song of the Rising Suu Dance 465
Instructions given to the akaninili 466
Prayer of the prophet to his mask 466
Last AVords of the Prophet 467
THE SEMIXOLK I.XDIAXS OF I'LORIDA, BY CLAY MACCAULEY.
Letter of transmittal 475
Introduction 477
I.
Personal characteristics 481
Physical characteristics 481
Physique of the men 481
Physique of the w omen 482
CONTENTS. IX
Personal characteristics — Continued.
Clotbiug 48-2
Costnme of the men 433
Costu me of the Tvomeu 435
Personal adornmeut 48(5
Hair dressing 48g
Ornamentation of clothing 437
I'se of beads 437
Silver disks 488
Ear rings 488
Finger rings 489
Silver vs. gold 489
Crescents, wristlets, and belts 489
Me le 489
Psychical characteristics 490
Ko-nip-ha-tco 492
lutellectnal ability , 493
II.
Seminole society 495
The Seminole family 49.^
Courtship 496
Marriage 490
Divorce 495
Childbirth 497
Infancy 497
Childhood 498
Seminole dwellings — I-ful-Ioha-tco's house 499
Home life 503
Food 504
Camp fire. ... 505
Manner of eating 505
Amusements 506
The Seminole gens 5O7
Fello whood 508
The Seminole tribe 5O8
Tribal organization 508
Seat of government 508
Tribal otiScers 509
Name of tril)e ,509
HI.
Seminole tribal life 510
IiHlustries 510
Agriculture 510
Soil 510
Corn 510
Sugur cane 511
Hunting 512
Fishing 5I3
Stocli raising 513
Koonti 513
Industrial statistics 516
X CONTENTS.
. Page.
Seminole tribal life — Continued,
Arts 516
Industrial arts 51G
Utensils and implements 510
AVeapons 510
Weaving and basket making 5! 7
Uses of the palmetto 1 517
Mortar and i^estle 517
Canoe making 517
Fire making 518
Preparation of skius 518
Ornamental arts 518
Music 519
Religion 519
Mortuary customs 520
Green Corn Dance 522
General observations 523
Standard of value 523
Divisions of time 524
Numeration 525
Sense of color 525
Education 520
Slavery 526
Health f20
IV.
Environment of the Seminole 527
Nature 527
Man 529
THE UELIGIOU.S LIFE OP TItE ZU.NI CIIILO, BV MRS. TILLY E. STEVEXSOX.
Brief account of Zuni mythology 539
Birth customs 545
Involuntary initiation into the KOk-ko 547
Voluntary initiation into the Kok-kO 553
Index 557
ILLUSTRATIONS
Page.
Plate I. Group of eartliwoiks, Allamakee County, Iowtu 26
It. Eularged figure and section of earthwork A, PI. 1 30
III. Group of mounds and vertical section of bluff, East Dubuque,
Illiuois 3G
IV. Amouud. (FroraDeBry) 40
Y. Plat of aucieut works, Kanawha County, West Virginia 54
VI. Enlarged plan of part of the works shown in Plate V 58
VII. Earliest map showing location of the Cherokoes. 1597 128
VIIL Map ol the former territorial limits of the Cherokee Nation of In-
dians, exhibiting the boundaries of the various ccssiousof land
made by them to the colonies and to the United States. 1S84. (")
IX. Map sliowing the territory originally assigned to the Cherokee
Indians west of the Mississippi River; also the boundaries of the
territory now occupied or owned by them. 1884 (*)
X, Medicine lodge, viewed from the south 418
XI. Medicine lodge, viewed from the east 420
XII. Dance of nahikai 432
XIII. Fire dance 442
XIV. The dark circle of branches at sunrise 444
XV. First dry painting 440
XVI. Second dry painting 448
XVII. Third dry painting 450
XVIII. Fourth dry painting 452
XIX. Seminole dwelling 500
*XX. Zuni m,aslcs and KO-ye-me shi 1 546
XXI. Group of Sii-lii mobi-ya masks 548
XXII. Zuhi sand altar in Ki va of the North 550
XXIII. 6h-he-i-que, Kiva of the East 552
Fro. 1. Section of mound near Eacine, Wisconsin. (After Lapham) 14
2. Section of burial mound, Vurn;)n County, Wisconsin 15
3. Earthen pot from Wisconsin burial mound 16
i. Section of burial mound, Crawford County, Wisconsin 17
5. Section of burial mound, Crawford County, Wisconsin 18
6. Section of burial mound, Vernon County, Wisconsin 20
7. Section of burial mound, Davenport, Iowa 24
6. Section of mound showing stone vault (Iowa) 31
9. Plat of Indian burying-gronnd, Wapello County, Iowa 33
10. Section of mound 4, East Dnbuqne, Illinois 36
11. Section of mound 16 (Plate III), showing vault 37
12. Plan of vault, mound 16 (Plate III) 37
13. Pipe from Illinois mound. (After Smithsonian Report, 1884) 38
14. Pipe from Illinois mound. (After Smithsonian Report, 1884) 38
15. Pipe from Illiuois mound. (After Smithsonian Report, 1884) 38
16. Group of mounds and hut- rings, Brown County, Illinois 40
♦ In pocket at the end of volume.
XII ILLUSTRATIONS.
Page.
Fig. 17. IViruis of larger moimds of the group shown iu Fig. 19 41
18. Gio\ips of mounds, Clarke County, Missouri 4li
19. Oliio Ijurial mound. (After Squier and Davis) 4G
20. Wooden vault of Ohio niouud. (After Squier and Davis) 46
21. Copper gorget from mound, Kanawha County, West Virginia r)2
22. Pipe from mound, Kanawha County, West Virginia 53
23. Pipe from mouud, Butler County, Ohio ^ 53
24. Mound with so-called " altar," Kanawha County, West Virginia 57
25. Appearance of T. F. Nelson mouud after excavation fi2
26. Burials in the T. F. Nelson triangle, Caldwell County, North Carolina. 63
27. Engraved shell gorget from mound, Caldwell County, North Carolina. 64
28. Cylindrical e(qiper bead from mound, Caldwell County, North Carolina. 65
29. Bracelet of copper and shell beads from mound, Caldwell County, North
Carolina 65
30. Iron celt from mound, Caldwell County, North Carolina 65
31. Iron implement from mound, Caldwell County, North Carolina 60
32. W. D. Jones mound, Caldwell County, North Carolina 67
33. I'lau of the R. T. Lenoir burial pit, Caldwill County, Nort'i Carolina. 09
34. Fire-bed, Wilkes County, North Carolina 72
35. Section of mouud, Henderson Count3', North Carolina 74
36. Section of mound, Henderson County, North Carolina 75
37. Mound ouHolstou River, Sullivan County, Tennessee 76
38. Pipe from mound, Sullivan County, Tennessee 70
39. Large mouud of Etowah group, Bartow County, Georgia 96
40. Vortical section, small mouud, same group 97
41. Plan of burials in small mound 98
42. Copper plate from Etowah mouud, Georgia 100
43. Copper idate from Etowah mound, Georgia 101
44. Copper badge from Etowah mound, Georgia 102
45. Copper badge from Etowah mound, Georgia 103
46. Engraved shell from Etowah mouud, Georgia 103
47. Engraved shell from Etc>wah mound, Georgia 104
48. Copper plate from Illinois mound 105
49. Copper plate from Indian grave, Illinois 106
.'lO. Qastceiilvi, from a dry painting of the kledji-qafal 397
51. The fobolfa, or plumed wands, as seen from tho door of the medicine
lodge 422
52. Akiiniuili ready for the journey 424
53. The great wood pile 429
54. Dancer holding up the great Illumed arrow 434
55. D.incer "swallowing" the great plumed arrow 434
56. The whizzer 436
57. Yucca baccata 440
58. Sacrificial sticks (kef an) 452
59. The talking kethawu (kefan-yalf'i'} ' 4.52
60. Map of Florida 477
61. Seminole costume, men 483
62. Key West Billy 434
63. Seminole costume, women 485
64. Manner of wearing the hair 480
65. Maunerof piercing the car 488
66. Baby cradle or hammock 497
67. Temporary dwelling 502
68. Sugar cane crusher 511
ILLUSTRATIONS. XIII
Fig. G9. Koouti log r,ji
70. Koonti pestles r,j^
71. Koonti mash vessel _ r;j_j
72. Koonti strainer gj-
7:i. Morlar and pestle 5j-
"4. Hide .stretcher gjj^
75. iSeminoIehier j^.^q
76. Semiuolo grave c^.ty
77. Gieen Corn Dance r^.^S
LETTER OF TRANSMITTAL.
Smithsonian iNSTixunoN, Bureau of 'Ethnology,
Washington, D. C, October 25, 1884.
Sir: I Imve tlie honor to submit my Fiftli Annual Report
as Director of the Bureau of Ethnolo^-v
The first part consists of an explanation of the plan and
operations of the Bureau ; the second part consists of a series
of papers on anthropologic subjects, prepared by my assistants
to illustrate the methods and results of the work of the Bureau.
I desire to express my thanks for your earnest support and
your wise counsel relating- to tlie work under my charge.
I am, with respect, your obedient servant,
Prof Spencer F. Baird,
Secretary Smithsonian Institution.
xv
FIFTH ANNUAL REPORT
BUREAU OF ETHNOLOGY
By J. ^y. PowELi., Director.
INTRODUCTION.
The prosecution of ethnologic research among the North
American Indians, as directed by act of Congress, was con-
tinued during the fiscal year 1883-84.
The general plan before reported, upon which the work has
been prosecuted, remains unchanged. Specialists are employed
to pursue definite lines of investigation, the results of which
are presented from time to time in the publications of the Bu-
]-eau. A summary account of the particular work upon which
each of the special stndents was engaged during the year is
presented below. This, however, does not embrace all of the
services rendered by them, as it has often been found neces-
sary to suspend particular lines of research in order to unite
the whole force for the speedy accomplishment of an impor-
tant general undertaking. From this cause unavoidable de-
lavs have occurred in the publication of several treatises and
monographs far advanced toward completion. In reference
to monographs and other papers directly connected with lin-
eruistic and ethnic classification, a further cause of delay has
arisen from the necessity of solving new problems as they have
arisen in the continued study of the data collected. Thus
renewed expeditions to the field have several times become
5 ETH II ^^'"
XVIII ANNUAL EEPORT OF THE DIRECTOR
necessary to verity or correct some particulars in treatises
otherwise ready for the printer, and, indeed, in some cases,
partly printed.
Collaboration is constantly invited from competent explorers
and writers who are not and do not desire to be official!}' con-
nected with the Bureau. Some valuable results have been
obtained and utilized through special applications to individ-
uals and through voluntary contributions induced by interest
in the publications thus far made. The liberality of Congress,
it is hoped, will soon allow of the publication of bulletins espe-
cially designed to make known without delay the discoveries
and deductions of the scholars througliout the world who may
tlius co-operate with the Bureau. By this means an effective
impulse will be given to their researches.
In order to set forth the operations of the Bureau with suf-
ficient detail, the subject will be divided, as heretofore, into
three principal parts, the first relating to the publications
issued, the second to tlie work prosecuted in the field, and the
third to the office work, this last being to a large extent the
preparation for publication of the results of field work, with the
corrections and additions obtained from the literature of the
subject and by correspondence.
PUBLICATIOXS.
The Second and Third Annual Reports were issued and dis-
tributed during the year.
The Second Annual Report contained pp. i-xxxvii, l-i77, 77
plates, 403 figures, and 2 maps. The papers accompanying-
the official statement of the Director are as follows :
Zuui Fetiches, by Frank H. Gushing ; pp. 3-45. plates I-XI, figures 1-3.
Myths of the Iroquois, by Ermiuuie A. .Smith; pp. 47-1 Ki, plates XII-XV.
Animal Carvings from Mounds of the Mississippi V.alley, by Henry W. Heushaw;
pp. 117-166, figures 4-:l5.
Navajo Silversmiths, by Dr. Washington Matthews, U. S. A. ; pp. 167-178, plates
XVI-XX.
Art in Shelj of the Ancient .\mericans, by William H. Holmes; p;i. 179-30.5, plates
XXI-LXXVli.
Illustrated Catalogue of the Collections obtained from the Indians of X"ew Mexico
and Arizona in 1879, by James Stevenson ; pp. 307-42d, figures 347-697, and 1 map.
Illustrated Catalogue of the Collections obtained from the Indians of New Mexico,
in 1880, by Janv s Stevenson ; pp. 4'33-465, figures 698-714, and 1 maji.
OF THE BUKEAU OF ETHNOLOGY. XIX.
The Third Annual Rc-port contained pp. i-lxxiv, 1-GOG, 44
phite-s, and 200 figures. In addition to the pureh" official state-
ment of the Director, the introduction to the volume contained
papers by him on kinship and the tribe, on kinship and the
clan, on tribal marriage, and on activital similarities. The
accompanying papers were as follows :
Notes on Certain Maya and Mexican Manuscripts, by Prof. CyriisTbomas ; pp. 3-()5,
plates I-IV, figures 1-10.
On Maska, Labrets, and Certain Aboriginal Customs, with an inquiry into the bear-
ing of their geographical distribution, by William H. Dall ; pp. 67-202, plates V-
XXIX, with two unnumbered figures in test.
Omaha Sociology, by Rev. J. Owen Dorsey; pp. 205-370, plates XXX-XXXIII, fig-
ures 12-42.
Navajo Weavers, by Dr. Washington Matthews, U. S. A. ; pp. 371-391, jdatcs XXXIV-
XXXVIII, figures 42-59.
Prehistoric Textile Fabrics of the United States, derived from Impressions on Pot-
tery, by William H. Holmes; pp. 393-425, plate XXXIX, figures 60-115.
Illustrated Catalogue of a Portion of the Collections made by the Bureau of Ethnol-
ogy during the field season of 1881, by William H. Holmes; pages 427-510, figures
116-200.
Illustrated Catalogue of the Collections obtained from the Pueblos of Zufii, New
Mexico, and Wolpi, Arizona, in 1861, by James Stevenson; pp. 511-594, plates XL-
XLIV.
FIELD WORK.
In this branch of duty facts are collected in archaeology and
technology by means of explorations directed to ancient and
modern material objects pi-oduced by tlie native tribes, and in
philology, mythology, and sociology by means of examination
of the members of those tribes, both as individuals and as
aggregations.
Former reports have fully explained that without the au-
thority and assistance of the Government little useful work
can be done in the collection and preservation of material ob-
jects. The purpose of private explorers in this direction is
usually to procure relics or specimens for sale or merely to
gratify curiosity, with the result that these are often scattered,
and lost for any comprehensive study, while their receptacles,,
whether mounds, graves, or ruins, are in many cases destroved
without intelligent examination or record, by which students
are forever deprived of needful illustrative and explanatory
data. The trained explorers of the Bureau preserve all useful
XX ANNUAL REPORT OF THE DIRECTOR
facts touching- the locahties concerned, and the objects col-
lected, both ancient and modern, are deposited in the National
Museum. Elxperience has also shown that individual travelers,
unguided and without common system, have failed to obtain
the best results in the ascertainment of Indian lanouaffes,
^philosophies, and customs. The study of these subjects
cannot be pursued from the accounts (however invaluable)
of the early explorers and the precious vocabularies of pioneer
missionaries without the interpretations and corrections to be
obtained among existing tribes by the latest scientitic methods
of research. For these but little time now remains.
MOUND EXPLORATIONS.
WORK OF PROF. CYRUS THOMAS.
The division organized for the survey and exploration ot
mounds and other ancient works in the territory of the United
States east of the Rocky Mountains, which, as before rejiorted,
■was placed in the charge of Pi'of Cyrus Thomas, continued
work during tlie ^-ear with satisfactory results.
Explorations were cai-ried on not only during the summer,
autumn, and spring, but also throughout the entire winter.
The regular assistants were the same as during the previous
year, viz : Mr. P. W. Norris, Mr. James D. Middleton, and Dr.
Edward Palmer. Messrs. John P. Rogan, John W. Emmert,
and L. H. Thing were also employed for short periods as tem-
porary assistants.
The investigations of Mr. Norris were confined to the Kana-
wha Valley, West Virginia, until suspended by extreme cold
weather, when he went to Arkansas ; but he returned to West
Virginia in the latter part of May and remained there during
the first part of June, 1884. Through his explorations it was
made manifest that one of the most extensive and remarkable
groups of ancient works in the United States is contained in
the section mentioned. There is probably no group exliibit-
ing a greater variety of works. They comprise mounds of
various forms from a few inclies to 40 feet in heig-ht, circu-
lar and irregular inclosures, parallel lines of walls, elevated
OF THE BUREAU OF ETHNOLOGY. XXI
ways, basins a-nd ditclies, stone cairns, and rude stone struct-
ures of an anomalous character.
Although the exploration of this interesting group is far from
complete, it is sufficient to indicate with great probability that
the people who constructed the mounds within it built the
Grave Oreek Mound or were intimately related to the authors
of that celebrated tumulus. Some indications also appear that
the builders of these mounds were related to the authors of the
ancient works of the Scioto Valley.
Mr. Middleton was engaged during the sunmier and fall in
exploring the small circular tumuli found in Southwest Wis-
consin, usually in connection with the effigy mounds. Although
these tumuli are mostly simple burial mounds, of the ordinary
type, the result obtained was of much importance, as it served
to show not only that the burial mounds opened and described
Ijy Dr. I. A. Lapham and Dr. P. R. Hoy were typical of the
class throughout the effigy mound area, but that Dr. Lapham
was justified in his conclusions in reference to the authors of
these works. During the winter Mr. Middleton's operations
were confined to Arkansas.
Mr. Thing was engaged during a few months of autumn and
winter in exploring mounds of the southeastern counties of
ilissouri and the northeastern portion of Arkansas. The re-
sults of the investigations made in this part of the Mississippi
Valley will have an important bearing upon the questions re-
lating to the objects for which the mounds were erected and
the manner in wdiich they were used. Many additional data
were obtained in reference to the forms, materials, and modes-
of construction of the dwellings of the mound builders of this
section and to the modes of burial adopted by them. The
collection of mound pottery made in this section exceeds that
of the previous year and is important on account of the differ-
ent types procured and the number of whole and uninjured
vessels obtained, some of which are supposed to present true
facial types.
Mr. Rogan was employed for some months in exploring the
works in Florida and in Northern Georgia. In the former the
XXII ANNUAL KEPOi.T OF THE DIRECTOR
results were almost wholly negative, ^except so far as they
tended to show that iu Florida the mounds were chiefl}' domi-
ciliary and that but few were built for burial purposes. In
Northern Georgia his work was confined chiefly to an explora-
tion of the well known and often mentioned Etowah group
near Cartersville This examination brought to light the most
remarkable and important mound builder relics so fiir dis-
closed in the United States. These are very thin, evenly
wrought sheets of copper, on which are impressed, as regularly
as though done with metallic dies or by means of machinery,
figures bearing a manifest resemblance to the typical forms
noticeable in the ancient codices of Mexico and Central America
and in the ruins found in those regions. The skill and art
manifested in their manufacture are far in advance of anything
hitherto discovered appertaining to the mound builders and
raise a serious doubt as to their aboriginal origin. The condi-
tions under which these articles were found clearly indicate
that they were placed in the mounds when the latter were built
and not subsequently.
The explorations of Dr. Palmer were confined chiefly to
Southern Alabama and Southwestern Georgia, and, though
rewarded by no remarkable discoveries, still they have added
much evidence concerning the construction and uses of south-
ern works and have served to correct some errors in the
published accounts of the noted groups in Early Count}',
Georgia.
Mr. Emmert was engaged for a short time in examining an-
cient graves in East Tennessee and works in "Western North
Carolina.
The collections made exceed in number and value those of
the preceding year, and the data obtained bearing on the ques-
tions relating to the origin and uses of these works, and the
liabits and customs of the people who constructed them, are
very important and will serve to throw much additional light
on these interesting problems.
OF THE BUREAU OF ETHNOLOGY. XXIII
EXPLORATIONS IN THE SOUTHWEST.
WORK OF MR. STEVEXSON.
Mr. James Steveuson with a small party continued the ex-
plorations in Arizona and New Mexico which had been before
prosecuted as re])orted in previous years. He explored several
large and important ruins in Northeastern Arizona, Avhere he
made some valuable collections, including skeletons, skulls,
ancient pottery, and bone and stone implements. At tlie ruins
of Tally-Hogan the party discovered the ancient burial ground
of the inhabitants This was in the sand dunes, a series of
which surrounds the western side of the ruins. Heretofore it
lias been supposed that the Indians buried their dead among
the rocks on the mesa sides. Their mode of burial, as now
ascertained, was to place the dead at the foot of a sand dune
and to cover the body, together with some implements and
other articles which had belonged to the deceased, with sand.
Many vases and bowls and other small objects were found in
the graves.
Mr. Stevenson subsequently visited the seven Moki villages
in Arizona, from which he obtained important information as
well as a collection of their household and other utensils. The
work of this party for the field season was concluded by an
examination of two distinct classes of ancient ruins in Ari-
zona, one about 10 miles northeast, the other about 15 miles
southeast of Flagstaff. The former con.sisted of sixty or more
cave dwellings, situated on the summit of a round lava-capped
lilll. The dwelling's are close tog'ether and were carved
out beneath the hard shelter rock of lava, under which the
material was rather loose, readily yielding to the rude stone
implements used in making the excavations. In these dwell-
ings fragments of ornamented pottery were discovered resem-
bling somewhat the ancient pottery so abundant in many por-
tions of Arizona, and specimens of it were collected. Other
objects, such as metates, stone axes, mullers, and corn cobs,
were found in tlie excavations, and the seeds of several species
of small grain were scattered throug-h tlieni Fragments of
XXIV ANNUAL REPORT OF THE DIRECTOR
several kinds of bone were also found,' representing the elk,
deer, wolf, badger, rabbit, and some other animals.
The ruins about 15 miles southeast of Flao-staff are sim-
ilar to those in Canon de Chelly. These ruins are extensive
and are built on terraces in the side of Walnut Canon. They
differ, however, from the cliff dwellings of Canon de Chelly in
construction. The doors are large and extend from the ground
up to a sufficient height to admit a man without stooping. Tiie
rooms are large and the walls are 2 to 4 feet thick. The fire-
places are in one corner of the room on an elevated rock,
and the smoke can only escape through the door. The ma-
sonry compares favorably with any employed in the construc-
tion of the best villages in Canon de Chelly. Many objects of
interest were found in the debris around and in these houses.
Matting, sandals, spindle whorls, and stone implements of
various kinds abound. The ruins in the vicinity of Flagstaff
were ascertained to be of sufficient value to require further
investigation.
WORK OF MR. VICTOR MINDELEFF.
In the latter part of August a party in charge of Mr. Vic-
tor Mindeleft' was ordered to the field, and camp was formed
about the middle of September at the ruined pueblo of Kin-
Tiel, 2J: miles south of Pueblo Colorado, Arizona. A large
scale ground plan was made of this excellently preserved old
pueblo, together with contours of the irregular site on which it
is built, and a full series of photographs was obtained. While
here several excavations were made in and around the ruined
village, from wliicli a number of interesting specimens of bone,
stone, and pottery were secured. One undisturbed burial was
found, from which a skeleton and two bowls were taken.
A noticeable object met with in excavating a marginal room of
the pueblo was a circular doorway, made of a single slab of
sandstone pierced by a large round hole. This specimen was
taken out entire from its place in the wall and is now in the
National Museum. A small ruin, known by the Navajo name
of Kinna-Zinde, a few miles from Kin-Tiel, was examined and
OF THE BUREAU OF ETHNOLOGY. XXV
photographed. Its position on the edge of a long valley on
an elevated bit of rock suggests its use in connection with
petty agriculture. Several other ruins of small size occur in
this vicinity, but the masonry is broken down and overgrown
with grass and sage brush, so that the arrangement of rooms
is not traceable.
On finishing this work the party proceeded to Canon de
Chelly, Arizona, entering the canon at its mouth. The entire
caiion and all its branches, comprising a length of 85 miles,
were explored and platted to a scale of 8 inches to the mile,
a scale sufficiently large to exhibit clearly the relation of the
ruins to the surrounding topography. Each ruin, after its
position had been accurately indicated on this map, was drawn
in detail, the ground plan being gi^■en whenever practicable.
A few of these ruins were inaccessible and could only be drawn
as seen from below. The canon and its branches contained one
hundred and thirty-four ruins, of the greatest variety, both in
size and in the character of the sites occupied. This work was
finished early in December, the party returning to Fort Win-
gate, New Mexico, and proceeding thence to the pueblo of
Acoma for the purpose of making a collection of pottery.
Twelve hundred pieces Avere secured, principally in the latter
part of December. While the party was camped at tliis point
an architectural survey of the village was also made. The
gi-ound plans were drawn to a scale of 20 feet to the inch, as
had been done previously in the cases of the Zufii and the
Tusayan villages, with the ol)ject of preparing- a large model.
Ml*. Victor Mindeletf reported at Washington early in Janu-
ary, leaving the camp in charge of Mr. Cosmos Mindeleff until
the shipment of the pottery, which it was not possible to com-
plete until the end of January.
ZUNI RESEARCHES.
WORK OF MR. F. H. CUSHINGt.
Mr. Frank Hamilton Cushing- continued to supplement and
extend the field work in Zuni referred to in the reports of his
operations for the preceding four years. During the last six
XXVI ANNUAL EEPORT OF THE DIRECTOR
months of 1883 he successfully exerted liimself to increase his
influence among the Zufii Indians with special reference to se-
curing his com2:)lete initiation (begun by the seaside at Boston,
in 1882) into their Ka-Ka or sacred dance organization.
While awaiting the long deferred opportunity for recording
the ancient epic rituals of the tribe, which he hoped to gain bv
means of initiation into the Ka-Ka, he undertook, at intervals
dui'ing the winter of 1883-84, systematic explorations of the
sacrificial grottoes and native sln-ines of the Zuni in the main
and tributary valley's of their pueblos. In and upon the mesa
of Taai-yal-lon-ne (Thunder Mountain) alone he found eight
of these depositorie.s, three of wliich proved to be entirely pre-
historic. On the headlands, both nortli and soutli of Zufii, he
traced eleven additional shrines, aud near both Pescado and
Nutria he found otliers, all rich in ancient remains. More im-
portant than an}' of these, however, were three caverns, or rock
shelters, situated in two canons, one about nine miles east of
Zuni, the other southeast and nearerthe pueblo bv three miles.
Two of these caves were at a remote date used as receptacles,
one containing a burial cairn, tlie other an extensive accumu-
lation of well preserved idols of war and rain gods, symbohc
altar tablets, sacred cigarettes, long aud short prayer wands,
and numerous examples of textile, cordage, and plume ^^•ork.
The latter depository was the more important in that it is still
used and held sacred by the Zufii, and hence is clearly referable
to their ancestry. Its contents evidently connected it with the
crater and cave shrines discovered by Mr. Gushing on the Up-
per Colorado Chiquito, in 1881, and described in the report of
his explorations for that year. As, however, he was forced to
visit these places either in conipau}- with Indians or by stealth,
the objects could not be disturbed.
Pursuing his explorations southward, he discovered, between
twenty and thirt}^ miles from the central Zuili Valley, not onl}^
two caves containing sacrificial remains, l)ut also a number of
cemeteries of undoubted ancient Pueblo Indian oriyin. These
burial places yielded perfect crania and well preserved vessels
of pottery and in all respects, save in extent, corresponded to
OF THE BUKEAU OF ETHN-OLOGY. XXVII
those of Arizona examined and reported on by him durino- the
spring of 1883.
He thinks that the primitive house buihhng Indians, al-
though the}- at first ]5racticed burial by interment, carried the
remains of their dead (judging by the cemeteries under dis-
cussion) to great distances from their permanent liomes. Tliis
would partly account for the delay in discovering Pueblo burial
places. He is further of the opinion that afterward, when the
present methods of terraced communal architecture (induced
by defensive considerations and productive of conditions and
populations rendering interments impracticable) began to pre-
vail, water sepulture came into vogue. According to Zuni
tradition, this was perfoumed by cremating the bodies and
carrying the remains to sacred springs, or lagunes, into whicii
they were cast.
In seeking later to locate the " Seven Cities of Cibola," Mr.
Cushing made linguistic, geographic, and traditional studies
relative to the succession of architectural types in the South-
west, with the following re.sults.
The ancestral Pueblos, of whom the Zuni are markedly the
modern representatives, dwelt.
(1) In conical, circular brush shelters or lodges (Hani-pon-
ne, from ha-we, dried brush, branches, or leaves, and po-ne,
placed converging!}- or covering over circularly).
(2) In lodges of masonry of lava stones laid up dry, but
plastered (He sho-ta-pon-ne, from he-sho, wax rock ; ta-we,
wood, timber, and pu-ne), from wjilch rude circular struct-
ures the rectangular shapes Avere developed, through crowding
together on limited mesa sites many houses In rows, each
most economically separated from those contiguous h\ straight
partition walls.
(3) In solitary hamlets or scattered houses, distributed ac-
cording to the occurrence of water and accommodatin"- lim-
ited fomilles or numbers engaged In horticultural operations.
(Hence the name for a single house, K'ia-kw'in-ne, from K'ia-
we, water, and kwln-ne, place of)
(4) In cliff and canon houses, or cave buildings, resorted
XXVJII ANNUAL REPORT OF THE DIRECTOR
to from the scattered houses or agriculturcal hamlets for protec-
tion. (Hence ( )sh-ten-u-thlan, an upper story room, from
Osh-ten, a cave, rock shelter, and ii-thla-nai-e, built within
or surrounded by, literally, "cave room.")
(5) In mesa villages, composed of confedera,ted clans of the
cliff hamlets. (Hence Thlu-ellon-ne, the modern name for a
village, from tlilua, manv set up, and el-lon-a, standing to-
gether— tliat is, "many built up in one.")
(G) In great terraced (and often walled) valley villages,
owino' their strength to the number of the inhabitants. In this
last condition the Shi-wo-na or Cibola (Zufii) tril)es were
found by the Spanish conquistadores in lo39-'40
It will be observed that some of the etymologies given above
present slight variations from etymologies heretofore given by
Mr. Cushing in the Fourth Annual Report.
Based upon tliese studies Mr. Cushing made others regard-
ing the sociologic history of the Zuni Pueblos, &c., seeming
to indicate that during the periods of the horticultural hamlets
(third of the above) and cliff villages (fourth of the above)
agnatic institutions, owing their origin to the segregation of
the enatic clan ties or kins of the lava village period (second of
the above), began to be developed Although the original
enatic institutions (never thoroughly outgrown) seem to have
been reverted to on the resumption of communal village life
(fifth and si.xth of the a]:)Ove), still he finds what he regards as
survivals of the other and higher social condition. For ex-
ample, the brothers of a woman are no longer known as the
"fathers" of her children, although more anciently they had
been, as language shows, thus considered ; while the brothers
of a man are called the "lesser fathers" of his children. Again,
a child is considered as the property of both the father and the
mother gens, and man-iage in the father clan, although not
forbidden, is discouraged, and rarely if ever takes place. In
this order may also be placed the father feasts, when children
assemble to eat with their fathers and in their fathers' houses
at the besrinning- of the year. Furtlier evidence in the cus-
toms of inheritance, which in some curious ways vary from
purely enatic institutions of descent, might be adduced as sur-
Of THE liUREAl' OF ETHNOLOGY. XXIX
vivals, judging by all which Mr. Gushing considers the Zufii
to be intermediate between savage and barbaric stages of
culture, }'et retaining distinctly the cultus of savagery in their
social condition and in a large phase of their worship.
Early in March it was found expedient to recall Mr. Gush-
ing to Washington. This prevented his initiation into the Ka-
Ka Still, by virtue of his membership in the Priesthood of
the Bow, he was permitted, before leaving, to be present at the
initiation of other candidates and to hear the protracted recital
heretofore referred to by him (but unaptly, lie now thinks) as
the "Zuni Iliad " This remarkable recitation, while in classic
and metric and not unpoetic language, is, he leai-ned, a true
ritual It gives many mythic details, stating the names of
probably all the villages and resting places of the Zufii dur-
ing their pristine migrations, and also the names of the whole
council of gods of the KA-KA. It is, however, couched in
such jargonistic or archaic tei'ms, so rapidly delivered and
so extended (requiring more than six hours for its delivery)
that he found it impossible to record it or even to write ver-
batim the several shorter, though not less remarkable, rituals
which followed it. The value of these rituals and the songs
illustrating them — most of which it is incumbent on a member
to memorize — will explain Mr.Cushing's long cherished desire
to enter the KA-KA. He regards them, unvaried as they are
from generation to generation, not only as important contribu-
tions to unwritten American Indian literature, but also essen-
tial to the right understanding of early Zuni migrations and
mythology.
LINGUISTIC FIELD WORK.
WORK OF MRS. E. A. SiMlTH,
During the summer of 1883 Mrs. Erminnie A. Smitli con-
tinued her Iroquois investigations, taking up as a special study
the Oneida and their dialect. To accomplish this the locali-
ties occupied by them in New York State and their reserva-
tions at Green Bay, Ganada, were visited by her and a com-
plete chrestomathy of the dialect was prepared.
XXX ANNUAL REPORT OF THE DIRFXTOR
WORK OF MK. IT. W. HENSIIAW.
During the niontlis of October iind November, 1S83, Mr
Henry W. Henshaw was occupied in linguistic researches in
Nevada and California.
The Washo tribe was found to number about three hundred,
with its center in the neighborhood of Carson, Nev., and a
vocabulary of the language was obtained according to the
method prescribed in tlie Introduction to the Study of In-
dian Languages. Fi-om the fVagnientary vocabularies of this
tongue before accessible the Waslio had been supposed to be
the sole representative of a linguistic stock, a supijosition which
the present vocabulary sustains.
The Panamint Indians, whose language had before been un-
known, were then visited and a similar vocabulary was ob-
tained From it, this tribe is ascertained to belong to the Sho-
shonian stock of languages.
Notwithstanding the popular belief that the Panamint tribe
is on the verge of extinction, a census obtained from an intel-
ligent English-speaking woman of the tribe shows their num-
ber, by actual count of individuals known to her, to be lOG,
there being in her opinion about 50 more with whom she was
unacquainted, making a total of about loG.
These Indians live about the various mining camps and
towns in the neighborliood of Death and Panamint Valleys,
Inyo County, California. Their tribal cohesion is lost and
their lives are parasitic, mainly dependent upon the bounty of
the white citizens. Their ultimate extinction therefore seems
impending.
WORK OF DR. WASHINGTON MATTHEWS, V. H. A.
Dr. Washington Matthews, assistant surgeon U. S. A., while
on military duty at Fort Wingate, New Mexico, continued dur-
ing the entire }-ear his collection of material for a grammar and
dictionary of the Navajo language, and also obtained informa-
tion, for future publication, regarding the ceremonies, myths,
and folk lore of that tribe. An important paper was prepared
OF THE BUREAU OF ETHNOLOGY. XXXI
by him on the "Xavajo names for plants," showing- tlieir
mode of discrimination and classification of the flora of tlieir
WORK OF MR. JEREMIAH CURTIN.
On September 1, 1883, A[r. Jeremiah Curtin went to the
Cattaraugus Eeservation, New York, where he collected about
one hundred and seventy mvths and some texts. Many of
these myths are long and were written out with full details.
The collection is valuable from its accuracy and completeness.
From Cattaraugus Mr. Curtin went to the Indian Territory,
where- he collected myths till June 30, 1884. The whole
number obtained during the year was about four hundred, of
which seventy-five were Modoc and the remainder Yuchi,
Pottawatomi, Sak, Shawnee, and Seneca. Vocabularies of
the Yuchi and Pottawatomi lanofuas^es were also collected.
WORK OF DR. W. .1. HOFFMAN.
Di-. W. J. Hoffman, in the autumn of 1883, visited the Ot-
tawa, Ojibwa, and Pottawatomi Indians of Northern Michi-
gan and the Sisseton and Mdewakantanwan bands of Dakota
in Minnesota and Dakota, with special reference to the study
of pictographs and gesture signs, and collected additional ma-
terial.
OFFICE AYORK.
The collection and examination of materials fur future [)ub-
lications considered to be fundamental to the study of Indian
anthropology continued to engage the attention of the Director
and other officers of the Bureau These projected publications
are : (1) A series of charts showing the habitat of all tribes when
first met by Europeans and at subsequent eras : (2) a diction-
ary of tribal synononiy, Avhich should refer the multiplied and
confusing titles, as given in literature and in varying usage, to
a correct and systematic standard of nomenclature ; (3) a clas-
sification, on a linguistic basis, of all the known Indians of
North America, suryiving and extinct, into families or stocks.
XXXII ANNUAL REPORT OF THE DIRECTOR
The importance of this under taking-, th6 manner in which it is
being executed, and the diflficulties attending it were detailed
in the hist annual report. It was also there explained that
the determination and classification of" the linguistic families
and stocks is an indispensable preliminaiy in this work.
Col. Garrick jMallery continued to be engaged during
the year in the study of sign language among the North Amer-
ican Indians compared with that among other peoples and
among deaf mutes — or, more generally, the gesture speech of
man — with the purpose of publishing a monograph on that
suljject. lie also prepared a paper on the pictographs of the
North American Indians, designed to be an introduction to the
study of pictographs which has been published in the Fourth
Annual Report of the Bureau. In the whole of this work he
was assisted, particularly in the illustrations, b}- Dr. W. J.
Hoffman.
Mrs. Erminnie A. Smith, on returning from the field, was
engaged upon special studies in several Iroquoian dialects.
The Mohawk words previously translated from the dictionary
of Father Marcoux were all recopied and their literal meanings
were given, as Avere also over 6,000 words in the Tuscarora
dialect.
She also prepared several studies upon pronouns and other
parts of speech for use in the introduction to her Iroquoian
Dictionary, work upon which was continued.
Rev. J. Owen Dorsey was engaged dnring tlie year on an
English- Winnebago vocabulary ; a Kwapa-English vocabu-
laiy ; Osage and Kansa texts, local and personal names ; and
the social organization of the Dakota. A paper on Kansa
mourning and war customs, with charts, was prepared ; also,
one on the migrations of Siouan tribes, Avith a map and charts.
He examined and criticised a manuscript dictionary of the
Musquito language. He also made 3,552 entries for an Osage-
English Dictionary, 4,it70 entries for a Kansa-English Dic-
tionary, and over 9,000 entries (from A to Ma) for a ^egiha-
English Dictionary.
Mr. Albert S. Gatschet was engaged during the first
months of the fiscal vear in reading proof of his Klamath Die-
OF THE BUREAU OF ETHNOLOGY. XXXIII
tionary, being the second or Englisli-Klamath part. After-
wards he began to correct and hirgely rewrite tlie manuscript
of the Klamath Grammar, with great improvements derived
from tlie copious notes which he liad made during the print-
ing of the texts and the dictionary. At the close of the vear
portions of the manuscript had l)een revised and the proof was
corrected.
Mr. Fkank Hamilton Gushing, on returning to Washington
early in May, prepared a paper on Pueblo pottery as illustra-
tive of Zufii culture growth, which was published in the Fourth
Annual Report of the Bureau.
He also prepared a paper on the Ancient Province of Cibola
and the Seven Lost Cities, in which he not only identifies
conclusively the "seven cities" with seven ruins in the Zuni
Valley, but also furnishes examples of the permanence of In-
dian tradition, and of its value, when properly weighed, as a
factor in ethnographic and historic research.
Mr. Cushing reports as the most important results of his
studies during the year those relating to the mvths and folk
tales abundantly recorded by him during previous years. Bv
extended comparisons made between these folk tales and m3'ths
and by the use of etymologic checks and suggestions, he is
able to trace the growth of mere ideas, or of primitive concep-
tions of natural or biotic phenomena, of physical or animal
functions, into the personge on the one hand and the incidents
on the other which go to make up myths. Further, he traces
the influence of these realizations or formulations on the wor-
ship of the Zuili. Two examples are presented, as follows :
(1) The circle or halo around the sun is supposed to be and
is called by the Zuni the House of the Sun-God. This Mr
Cushing' explains by the analogies of the case. A man seeks
shelter on the approach of a rainstorm. As the sun circle al-
most invariably appears only with the coming of a storm, the
Sun, like his child, the man, seeks shelter in his house, which
the circle has thus come to be.
The influence of this simple inference myth on the folk lore
of the Zuni shows itself in the perpetuation, until within recent
5 ETH III
XXXIV ANNUAL REPORT OF THE DIRECTOR
generations, of the round sun towers and circular estufas so
intimately associated with sun worship, yet whicli were at first
but survivals of the round medicine lodge.
(2) The rainbow is a deified animal having the attributes of
a human being, 3'et also the body and some of the functions of
a measuring worm Obviously, the striped back and arched
attitude of the measuring worm, its sudden appearance and
disappearance among the leaves of the plants which it inhabits^
are the analogies on whicli this personification is based. As
the measuring worm consumes the herbage of tlie plants and
causes them to dry up, so the rainbow, which appears only after
rains, is supposed to cause a cessation of rains, consequently
to be the originator of droughts, under the influence of which
latter plants parch and wither away as they do under the
ravages of the measuring- worms. Here it will be seen that the
visible ■ phenomenon called the rainbow gets by analogy the
personality of the measuring worm, while from tlie measuring
Avorm in turn the rainbow gets its functions as a god. Of this
the cessation of rain on the appearance of the rainbow is ad-
duced as proof, and the incidents of the myth history of the
rainbow gods are, as might be shown by additional illustration,
but further dramatizations of these functions of the measuring
worm. So much indeed is this the case that the fading of
flowers is attributed to the rainbow, who, consuming their
imperceptible existences, thus derives his brilliant coloring just
as it is believed that the measuring worm gets his green, yel-
low, and red stripes from the leaves and flowers which he de-
vours. The influence of all this analogic philosophy is shown
in the Zuni theogony and worship by the way in which the
rainbow is relegated to a place among the malignant gods of
war — hence painted on war shields — and made a demon to be
propitiated, j^et shunned. Therefore he is unhonored in the
worship of the Zuni, turned from liy them when he appears
in the sky, and covertly imprecated in set formulae.
The general conclusions from these examples may be that
in folk myths natural phenomena become personified, mostly
by visible analogy, while functions become dramatized, but
OF THE BUREAU OF ETHNOLOGY XXXV
that the reverse may sometimes be the case, and both to a for
more elaborate and complex extent than can here be illustrated
by quotations from Mr. Cushing's abundant yet unfinished
notes.
Mr. James C. Pilling continued the preparation of the Lin-
guistic Bibliography, and proof-sheets of pages oGl-lOiO were
received from the printer. Copies of these sheets were dis-
tributed as heretofore, and much assistance was rendered by
Senor Joaquin Garcia Icazbalceta, of the City of Mexico, and
Drs. J. Hammond Trumbull, of Hartford, Conn., J. G. Shea
of Elizabeth, X. J., and D. G. Brinton, of Media, Pa.
During November and December, 1883, Mr. Pilling made a
trip to Hartford for the purpose of visiting the library of Dr.
Trumlnill, where a number of new titles and much interesting-
information were obtained. On his way to Washington a very
profitable week was spent in the library of Dr. Brinton. The
valuable linguistic material relating to that portion of North
America lying south of the United States which had been col-
lected with much labor by Di*. Berendt had fallen, by pur-
chase, into the hands of Dr. Brinton, and proved to Ije one of
the richest of the repertories utilized by the compiler of the
work.
Mr. Charles C. Royce continued his work upon the His-
torical Atlas of Indian Affairs, the character of which has been
set forth in former reports and also appears in the introduc-
tory pages of his paper on the "Cherokee Nation of Indians'*
in the present volume.
Mr. WiLLiAxM H. Holmes, in addition to his charge of the
preparation of illustrations for the publications of the Bureau,
has continued the archfeologic studies begun in previous years,
confining his investigations more especially to ceramic art and
ornament.
In the latter part of 1884 he was assigned to the duty of
preparing- an ethnologic and archpeologic exhibit for the
World's Industrial Exposition at New Orleans. This work
was supplemented by the preparation of minor displays for
the expositions at Cincinnati and Louisville.
XXXVI ANNUAL REPORT OF THE DIRECTOR
Mr. Holmes has liad charge of such collections of the Bui-eau
as were not under tlie direct supervision of Mr. James Steven-
son or Prof. Cyrus Thomas. Detailed catalogues of these col-
lections have not been prepared for publication, but a short list
of tlie acquisitions of the year is as follows:
From Mr. George Hurlbut, of Belvidere, 111., an additional
part of a very valuable collection of articles from the ancient
burial places of Peru has been received. A portion of the
same collection was presented to the Bureau in 1882, and
was described, and to some extent illustrated, in the Third
Annual Report of the Bureau. This second installment com-
prises a variety of utensils and art products of the ancient
peoples, the most important being a series of woven fabrics of
elaborate construction, rich colors, and elegant designs. Illus-
trations of these will be published. Gifts of shell beads found
in the possession of the Abnaki Indians, of Maine, were made
by Mrs. W. W. Brown, of Calais, Me. Fragments of ancient
pottery were presented by Mr. Joseph D. McGuire, of Elli-
cott City, Md., and a large amount of material has been
brought in from various sections of the country by the agents
of the Bureau. The most important of these is a large collec-
tion of vases and other articles from the Pueblo of Acoma,
New Mexico.
Messrs. Victor and Cosmos Mindeleff, after their return
from the field, were occupied in the preparation of a map of the
Canon de Chelly and its branches from the material obtained.
A number of the plans of the larger ruins, whose positions and
I'elations to the canon are shown on this map, were redrawn
from the field data. While this work was being done and the
field notes and material were being arranged and classified,
the work of modeling the Tusayan villages, which had been
suspended for the field trip, was again taken up by Mr. Cosmos
Mindeleff and continued until June, when all other work was
laid aside for the preparation of the diagrams and working
drawings necessary for the construction of a new series of
models illustrating the ancient pueblos and cliff ruins. These
models formed part of the Government exhibit at the New
Orleans Exposition.
OY THE lIUREAt' OF ETHNOLOGY. XXXVII
Prof. Cyrus Thomas, in addition to the general direction of
the movtnd explorations described under the head of field work,
was personally engaged in marking and arranging the collec-
tions obtained and in preparing catalogues of them for the
Bureau and the National Museum.
The system of cataloguing adopted has been carried out
with accuracy. Archaeologists may therefore rely with confi-
dence on the statements in these catalogues, as care has been
taken, wherever there exists au}^ doubt as to the locality where
or conditions under which a specimen was found, to expressly
state the fact. These catalogues are not intended for publica-
tion, but will be retained in the National Museum for refer-
ence.
The collections and tlie arrang-ement of data for an archae-
clogic map of the eastern half of the United States were begun
during the year and some progress Avas made. The paper on
"Burial mounds of the northern sections of the United States,''
published in the present volume, was also substantially com-
pleted.
Dr. H. C. Yarrow continued research and correspondence-
for a monograph on the mortuary customs of the North Amer-
ican Indians, and arrangements were made to enhance its value
by his personal expeditions in the field.
Mr. Jeremiah Curtin, during the months of July and
August, before his departure for the field, continued his studies
upon Seneca folk lore and the linguistic material in his charge.
ACCOMPANYING PAPERS.
The papers presented in the present volume exhibit studies
in several fields of research. A large amount of space is de-
voted to prehistoric arcluTeology, but no less attention is given
to definite history as ascertained from records, literature, and
reliable tradition, while the special treatises and incidental dis-
cussions connected witli mythology and sociology offer, prob-
ably, more popular interest. Separate mention of the several
papers follows iir their printed order.
XXXVIII ANNUAL REPORT OF THE DIRECTOR
BURIAL MOUNDS OF THE NORTHERN SECTIONS OF THE UNITED
STATES, BY PROF. CYRUS THOMAS.
Throughout a hirge part of the territory now embraced in the
United States several varieties of workings ujion and imme-
diately beneath the surface of the earth are found wliich were
made by the population existing at the time of the European
occupation or prior thereto. For the moment it is not neces-
sar}^ to inquire whether the works mentioned were all made
before the Columbian discovery or whether some of them are
not much later ; or, again, whether their authors were confined
to the tribes, variously and loosely styled "aboriginal" and
"Indian," which were found within the region by its first white
explorers, or whether they are to be attributed to a people
more ancient than the historic Indian. Considering, for the
present, the works themselves, several of their varieties, such
as the pyramidal mounds and raised inclosures, sometimes ap-
parently erected for defensive purposes, others being more
probably mere ruins of village sites, give evidence of the num-
hevs, distribution, and, to some extent, of the habits and the
■.stage in culture of their builders. But the mounds raised in
connection with the burial of the dead are far more important
than all others. They indicate, both by their modes of con-
struction and by their contents, the sociology, philosophy, and
art of their authors. The nearly universal custom of deposit-
ing with the corpses or skeletons articles of property formerly
belonging to the deceased, and other objects of ceremonial re-
lation, with such care that some of them are still preserved,
now enables us to gather from the sepulcher a life histor}^ of the
persons buried and of those who paid to them the funeral rites
The present paper, by Professor Thomas, is devoted to the
last mentioned class of mounds, in connection with which, how-
ever, it has been necessary for him to discuss other classes in
the investigation of evidentiary and illustrative details. The
j^aper shows the large amount of work done by the division of
mound exploration of the Bureau, both in the collection of facts
and in their comparison. It also exhibits the fruitful results of
the general study of all varieties of mounds, as well as the
OF THE BUREAU OF ETHNOLOGY. XXXIX
more restricted field of those connected with burial. In the
presentation of his views Professor Thomas exhibits care, can-
dor, and accuracy, and the ilh.strations presented are amply
sufficient to explain the text when needed, while the quotations
from and references to the literature of the subject la^^ress
the reader with a sense of its thorough study.
The pa,)er, from considerations relating both to space and
to the completeness of research, does not embrace all of the
territory of the United States in which burial mounds l.ave
been found, but is confined to the northern portion, ihi.s is
divided into districts, established from typical characteristics,
which are described. They are —
m The Wisconsin District, comprising the southern halt
of Wisconsin, a small portion of Northern Illinois, and the
northeastern corner of Iowa. _
(2) The Illinois or Upper Mississippi District, embmcmg
Eastern Iowa, Kortheastern Missouri, and Northern and Cen-
tral Illinois. f
(3) The Ohio District, including Ohio, the western part ot
West Virginia, and tlie eastern part of Indiana.
(4) The New York District, including, together with the
northern and western parts of New York, the lake region of
its central portion. ttt . , v^,.t1i
(5) The Appalachian District, comprising Western Noith
Carolina, Eastern Tennessee, Southwestern Virginia, and part
of Southeastern Kentucky.
The method of reasoning pursued by Protessor 1 homas,
after his presentation of facts, may be illustrated by a con-
densation of his conclusions respecting the AVisconsin District,
as follows: i „,.
The evidence in regard to these unstratified mounds ap-
pears to lead directly to the conclusion that they are all the
work of the Indians (or of their ancestors) found occupying
the country at the time it was first visited by whites. If
it is conceded that the small unstratified tumuli are in part
their work, there would seem to be no escape from the con-
clusion that all the burial mounds of this district are to be as-
cribed to them ; for, although there are two or three types ot
XL ANNUAL REPORT OF THE DIRECTOR
burial and ctf burial mounds, the gradation from one to the
other is so complete as to leave no marked line of distinction.
The stratified mounds in which the hard clay or mortar cover-
ing over the remains is found may be the work of tribes dif-
ferent from tliose which constructed the small, unstratified tu-
muli, but the distinctions between the two classes are not such
as to justify the belief that they are to be attributed to a dif-
ferent race or to a people occupying a higher or widely dif-
ferent culture status.
Having reached this conclusion, it is necessary to take one
step further in the same direction and ascribe the singular
structure known as "effigy mounds" to the same people. The
two classes of work are too intimately connected to admit of
the supposition that the effigy mounds were built by one race
or people and the conical tumuli by another.
The works of different tribes may frequently be found in-
termingled on areas over which successive waves of popula-
tion have passed, but that one part of what is clearly a system
is to be attributed to one people and the other part to another
people is an hypothesis unworthy of serious consideration.
The only possiijle explanations of tlie origin, object, or mean-
ing of these singular structures are based, whether avowedly
so or not, on the theory that tlie}' are of Indian origin.
The facts that the effigy mounds Avere not used as places of
sepulture and that no cemeteries save the burial mounds are
found in connection witli them afford almost conclusive proof
that the two, as a rule, must be attributed to the same people,
that they belong to one system.
The vexed question Who were the mound builders? is prop-
erly stated as follows :
Were all the mounds and otherpre-Columbian works explored
in that portion of the United States east of the Rocky Mount-
ains built by the Indians found in possession of this region at
the time of its discovery and their ancestors, or are they in
part to be attributed to other more advanced races or peoples,
such as the Aztec, Toltec, Pueblo, or some lost race of which no
historic mention exists?
OF THE BUREAU OF ETHNOLOGY.
XLI
After the presentation of much evidence, some of which,
the product of recent explorations, is equally surprisingand
convincing, the general conclusions of the paper are submitted
as follows: • j i vfr +
First That different sections were occupied by ditlerent
mound building tribes, which, though belonging to much the
same stage in the scale of culture, differed in most instances
in habits and customs to a sufficient extent to mark, by then-
modes of burial, construction of their mounds, and their works
of art, the boundaries of the respective areas occupied.
Second That each tribe adopted several different modes ot
burial, depending, in all probability, to some extent upon the
social condition, position, and occupation of the deceased.
Third That the custom of removing the flesh before the
final burial prevailed very extensively among the mound
builders of the northern sections, the bones of the common
people being often gathered together and cast in promiscuous
heaps over which mounds were built.
Fom-th That usually some kind of religious ceremony was
performed at the burial, in which fire played a prominent part;
but, notwithstanding the very common belief, there is no evi-
dence whatever that human sacrifice was practiced.
Fifth That there is nothing found in the mode of construct-
ino- these mounds, nor in the vestiges of art they contain, to
indicate that their builders had reached a higher culture status
than that attained by some of the Indian tribes found occupy-
ing the country at the time of the first arrival of Europeans.
"sixth That the custom of erecting mounds over the dead
continued to be practiced in several localities in post-Colum.
bian times. .
Seventh That the character and condition of the ancient
monuments and the relative uniformity in the culture status
of the diff-erent tribes, shown by the works and the remains o
art found in them, indicate that the mound building age could
not have continued in this part of the continent longer than a
thousand years, and hence that its commencement probably
does not antedate the fifth or sixth century.
XL.II ANNUAL REPORT OF THE DIRECTOR
Nothing has been found connected with the mounas to sus-
tain or justify the opinion, so frequently advanced, of their
great antiquity. The calculations based upon the supposed
age of trees growing on some of them are fast giving way
before recent investigations in regard to the growth of forests,
as it has been ascertained that the rings of trees are not a sure
indication of age.
Eio;'hth. That all the mounds which have been examined and
carefully studied are to be attributed to the tribes found inhab-
iting this reo-ion and their ancestors.
A suggestion ma\^ perhaps be offered with regard to the sev-
enth of the above propositions. Professor Thomas has fully
established the conclusion that the mound building period con-
tinued into the historic period. He has overthrown the theory
of the vast antiquity of a higher stag-e of culture antedating- the
Indian occupancy of the country, which theory has been widely
accepted by careless thinkers and writers. In doing this he
has rendered an inestimable service to the proper study of the
Indian tribes. But an attempt to fix the duration or beginning
of the mound building period is unadvisable in the absence of
evidence not yet obtained and which may never be forthcoming.
It also may be suggested that there is not yet sufficient evi-
dence to justify any decided view as to the routes by which
the several Indian tribes reached their historic seats. Much of
that which has been obtained is conflicting, and for the present
it is not possible to arrive at sound and enduring conclusions.
THE CHEROKEE NATION OF INDIANS, BY CHARLES C, ROYCE.
The introductory part of this paper explains the plan and
scope of the Historical Atlas of Indian Affairs upon which Mr.
Royce has been for several years engaged. Tlie body of the
paper exhibits the method of the work as applied to the Chero-
kee Nation, as it is now officiall}" styled by itself and recog-
nized by the United States in the language of treaties and stat-
utes, though in strictly scientific phraseology the people con-
stituted a confederacy, their several towns being the tribal
units.
OF THE BUREAU OP ETHNOLOGY. XLIII
Tlie Cherokee appear more prominently and for a lono^er
period in the treaties, state paj^ers, and judicial decisions of
the United States than any other body of Indians. For two
liumlred years, in wars, in councils, and in courts, they have
been engaged in strugg-les involving their existence, and they
are one of the few Indian peoples that have passed through
■such ordeals into present prosperity. Their history shows that
when the improperly directed power of the white race did not
absolutely prohibit their advance in civilization some such ad-
vance was always attained, and it was always resumed after
interruption when possible. During thirty years after the
treaty of 1791 they made such manifest strides towards civ-
ilization, both in herding and in husbandry, that at the end of
that time their agent reported Government assistance to be
/no longer necessary or desirable, the people being perfectly
competent to take care of themselves, and in 1827 the}^ estab-
lished a government, republican in form and satisfactory in
its operation until paralyzed in 1830 by the hostile action of
Georgia. Their forced removal in 1838 to tlie west of the
Mississippi for a time diminished their numbers, impaired their
confidence, and menaced their prosperity; 5-et five years later
their energy and determination had exhibited renewed im-
provements, which continued until the war of the rebellion
brought to tliem more desolation than to any other community.
They were raided and sacked alternately by the forces of the
United States and by those of the Confederacy and were di-
vided among themselves into fighting fiictions. Their country
became a waste, and in the few rears of the war their numbers
were reduced l)y at least one-third; yet to-dav they are more
prosperous than ever before and have probably a greater popu-
lation than at anv time since they have been known in history.
The essay commences with the first treaty, in 1785, con-
cluded between the Cherokee and the United States, and after
reciting the more important provisions it presents tlie historical
data connected Avith its negotiation and the events leading
thereto, followed by its results. This plan is pursued with
regard to all treaties and the circumstances connected there-
XLIV ANNUAL REPORT OF THE DIRECTOR
with to the present date. lu this manner attention is paid in
an orderly sequence to the history-traditions, to De Soto's ex-
pedition, to the early contact with A^iro'inia and Carolina colo-
nists, to the territory and population at the period of the En-
glish settlement, to successive boundaries and cessions, and to
the various controversies ensuing. Through the paper appear
biographical notices, details of life in the years of the colonies
and the infant republic, accounts of the trials and struggles
produced by deportation, and conflict, and statistics of fluctu-
ating gains and losses, all of deep interest and importance. It
is believed that the care and skill devoted by Mr. Royce to
make the statement both accurate and comprehensive, fortify-
ing it also by the citation of the best authorities, will render it
valuable to statesmen, historians, and lawyers.
THE MOUNTAIN CHANT: A NAVAJO CEREMONY, BY DR. WASHING-
TON MATTHEWS, U. S. A.
I'his 2:)aper is a most important contribution explanatory of the
philosophy of the North American Indians. It gives in detail,
as seen by a thoroughly equipped witness, one of the most illus-
trative of the ceremonies of the Navajo, a large body of In-
dians of the Athabascan linguistic stock now occupj'ing a res-
ervation which embraces parts of New Mexico and Arizona,
though until a period commencing less than fifty years ago
the range of these people extended much farther south. The
essay is divided into (1) a translation, with incidental exj^lana-
tions of the myth on which the ceremonies are based, (2) the
ceremonies themselves, including the mythologic sand paintings,
and (3) the originals and translations of the songs and prayers
used in the ceremonies, which all refer to the myth.
This myth exhibits the stage in mythologic philosophy in
Avhich zootheism and physitheism are both represented. In it
the phenomena of nature are the work of animal gods, but
these gods are becoming anthropomorphic. A strong general
resemblance appears between this myth and those recorded
from Algonkian and Iroquoian sources, but it is presented by
Dr. Matthews in a much more pwre and accurate manner than
those published b}' Schoolcraft and other oft-quoted authors.
OF THE BUREAU OF ETHNOLOGY. XLV
It is given in the genuine Indian style and conception, without
admixture of European interpretation and civilized gloss.
For this reason, as well as from its intrinsic value, it is certain
that henceforth the story of Dsilyi' Neyani (Reared Within
tlie Mountains) will be studied with more interest and protit
than those of louskeka and Manabozho, hitherto most current
in the literature of Indian myths. Throughout the paper Dr.
Matthews has followed the alphabet for Indian words used in
the Bureau of Ethnolog^^ and explained in the Introduction to
the Study of Indian Languages.
in its briefest expression the myth of Dsilyi' Neyani sliovvs
his captivity among the Ute, his escape by the intervention
of gods, and his travels, sufferings, and adventures in regain-
ing his home, all of which, under divine guidance, were in the
nature of an initiation into religious rites, with the injunc-
tion that these should be communicated by him to his people.
Shortly after his return, having performed his duty as teacher
or prophet, he disappeared to rejoin the gods, in accordance
with their promise made to him during his initiatory travels.
It would be impossible, without elaborating a commentary upon
the text nearly equaling it in length, to point out the numerous
essential similarities to be found in it with the myths of the
Egvptians, the Hindus, the Greeks, and other still better known
peoples, as recorded and discussed in modern literature. It is
sutiieient now to invite attention to the instructive evidence of
similarity in the stage of mythologic philosophy coming from
a before unexplored source and only modified by the readily
understood differences of environment.
That the myth is of great antiquity is shown by tlie archaic
character of the language employed and by the references to ob-
solete customs; yet there are contained in it some passages and
incidents obviously modern, for instance, the allusion to horses.
It is not a cosmogony myth, though it is partly a myth of
tribal history commencing at a time when the Navajo had be-
come a distinct people ; but it is in a large degree a myth of
religion, in the strict sense of that term as comprehending the
relations of man to occult powers and the practices connected
XLVi a:jxual report of the director
with such relations. The Navajo have an entirely distinct
creation myth, wiiich is long and elaborate and which Dr.
Matthews has obtained and will publish hereafter.
The ceremonial, lasting nine da^^s, is one of manj- among the
Navajo, seventeen, each of nine days' duration, being known
to survive. This people, like other bodies of North Ameri-
can Indians, devote their winters to religion, mysticism, and
symbolism, by which their whole lives and thoughts are im-
bued to an extent difficult to realize in modern civilization.
This ceremony dramatizes the myth, with rigorously prescribed
paraphernalia and formularies, with picturesque dances and
shows, scenic effects, and skillful thaumaturgic juggler}'. It
is noticeable also that here the true popular drama is found
in the actual process of evolution from religious mysteries or
miracle plays, as has been its history in other lands and auiong
other races. The ceremonies are presented by Dr. Matthews
with admirable precision of observation and statement, to which
he adds his sketches, furnishing the illustrations of the sand
pictures, the production, manipulation, and destruction of
which form the most peculiar portions of tlie ceremonial. It is
to be remarked that the shaman has become the professional
and paid artist and stage manager, under whom is gathered a
traveling corps of histrions and scenic experts.
The parts of the ceremonial immediately connected with the
cure of disease, particularlv the application of the pigments
constituting the bodies of the mythic personages, afford evi-
dence additional to former knowledge of the origination of
medical practices.
The medicine man is an important functionar}' among all
the tribes of North America and medicine practices constitute
an important element in the daily life of the Indian tribe. But
medicine practices cannot be differentiated from religious rites
and observances. The doctor is the priest and the priest is
the doctor; the medicine man is priest-doctor.
In studying the medicine practices of the North American
Indians from the standpoint of medicine, the subject may be
advantageously considered in three parts : First, an effort
OF THE BUREAU OF ETHNOLOGY. XLVIt
should be made to discover the Indian's idea or conception of
disease, i. e , what is Indian pathology ? Second, an attempt
should be made to discover the Indian method of curing or
avoiding diseases, i. e., what is Indian therapeutics? And,
third, an effort sliould be made to discover what knowledge the
Indian lias of the medicinal properties of niinerals, plants, and
other remedial agencies, i. e., what is the Indian materia medica ?
In systematically examining the subject among various tribes
of North America and in reading the literature of the subject,
the following general conclusions are reached:
First. The Indian's pathology is largely, if not wholly, myth-
ologic. Diseases are attributed to evil beings, the malign in-
fluence of enemies, and to various occult agencies. Second.
Indian remedies are largely, if not wholly, magical, and con-
stitute an integral part of their religion. This paper by Dr.
Matthews clearly illustrates this point and derives special
value therefrom. Third. Various tribes of Indians seem to
have a knowledge of certain medical properties in certain
plants, i. e., they know of emetics, purgatives, and intoxi-
cants; but they do not seem to use this knowledge in any
reasonable system of remedies. Purgatives, emetics, and intox-
icants are used more frequently by the priest than b}^ the
patient, and still more frequently by the clan or by bodies of
persons engaged in the performance of rites which are ratjier
of a religious nature, but which are yet designed to ward off
disease or to cure tlipse actually suffering; but no, rational
system of medicine has been discovered and authentically de-
scribed as existing in any North American tribe. On these
subjects a large body of material has been collected by the
Director and other officers in the Bureau, which, when prop-
erly systematized and published, will shed much light upon the
subject.
In the details set forth in the present paper numerous prac-
tices— for instance the incantation to images, the sacred fumi-
gation or incense, and the supposed absorption of the body of
divinity by the patient or devotee — are analogous to observ-
ances of the same description — intended for physical or spirit-
XLVin ANNUAL REPORT OF THE DIRECTOR
iial benefit, or for both — still in use by many nations and
individuals throughout the world whose philosophies cannot be
traced to a more common origin with those of the Navajo than
the general principles governing the evolution of human thought
by graded stages. All who practice these observances declare
them to have descended to them from above, that is, from
some concept of divinity, as may be explained by the principle
of ancientism ; but the evidence shows that they all liave arrived
from below, that is, from a lower plane of humanity.
THE SEMINOLE INDIANS OF FLORIDA, BY CLAY MACCAULEY.
The Indians known as Seminole are of the Muskokian lin-
guistic stock who before the present centur}- left their con-
geners and dwelt within the present limits of Georgia and
Florida. A chief cause of the separation was disagreement
among the people of the towns of the Lower Creeks and
Hichiti concerning their relations with Europeans settling in
the country. It is asserted that many turbulent and criminal
Indians joined the emigrants, and thus the word "Seminole" or
"Sinianole" — meaning separatist or renegade — became a term
of opprobrium applied by the Creeks who had remained in
their ancient seats. It is however to be noted that the present
inhabitants of the Everglades repudiate the title and cast it
back upon the much larger portion of their people non in the
Indian Territory, thus impugning their courage and steadfast-
ness, probably in allusion to the fact that tlie latter succumbed
to the power of the United States in their deportation. The
Apalachi, Timucua, and others of the earliest known inhabit-
ants of the Floridian peninsula had been driven away and
nearly exterminated in the wars of 1702 to 1708, leaving an
inmiense tract of territor}- vacant for the Seminole migration,
and some of the Muskoki were established in the southern-
most part of the peninsula at the middle of the sixteenth
centuiy. Probably the people who are the subject of this
paper are in part their descendants, while others mav be de-
scended from comers of a century later, but they are prob-
ably all the offspring of the determined band who, though
OF THE BUREAU OF ETHNOLOGY. XLIX
defeated in war, would never submit to the Governuieut of the
United States, but retreated to the inaccessible cypress swamps,
while the majority of their surviving comrades removed to the
Indian Territory, another body liaviny fled into Mexico. The
Seminole war of 1835 to 1842 was the most stubbornly con-
tested of all the Indian wars, and, considering the numerical
force of the tribe, or perhaps even without that qualification,
was the most costly and disastrous to the United States.
During the seven }'ears mentioned nearly every regiment of
the regular arriiy was engaged against them, besides marines
and sailors, and in addition, for longer or shorter periods,
50,000 militia and volunteers. The cost of the war was.
830,000,000 and over 3,000 lives. Of the Seminole probably
not more than 400 warriors were engaged, their numerical
weakness being counterbalanced by the topographic character
of the country which they defended.
The Seminole, who are described in the jiresent paper as
of a high grade in physique and intelligence, may well be de-
•scendants of these heroes. It was natural that their inherited
enmity and also their sense of danger should have induced
them during the last half century to repel all visits from whites,
and more especially from representatives of the United States.
Government. Their dwellings and villao'es hav^e been so lo-
cated as to secure this isolation, and the account now given
of them by the Rev. Clay MacCauley, D. D., is the result of
the tirst successful attempt to ascertain their true numbers and
condition. Notwithstanding his ingenuity and energy, the
adverse circumstances did not permit this investigation to be-
exhaustive; but it has been sutticient to discover some impor-
tant and instructive facts set forth in the present essay.
The status of these Indians is peculiar in that their contact
with civilization has hitherto been regulated, to an extent not
known elsewhere, by their own volition, and has not been im-
l)osed upon them. Visitors, traders, and Government agents,
have been denied admission, but the Indians have in a lim-
ited way visited the settlements beyond their own boundaries
and traded there. The result has been a remarkably prosper-
5 ETH IV
1, ANXUAL REPORT OF THE DIRECTOR
ous condition in agriculture and domestic industries. This is
not to be attributed wholly to the favorable character of their
soil and climate, as under similar environment many peoples
are lazy and improvident, whereas the Seminole of Florida are
industrious and frugal. That they have advanced in culture
during the last generation is doubtless true, but it is a common
and pernicious error to consider the Indian tribes at the time
of the Columbian discovery as wholly without knowledge of
agriculture, depending solely on the chase, fishing, and the
spontaneous products of the earth. This error is a part of the
ferae naturae tlieor}* which has been so baneful in the past
consideration of the aboriginal inhabitants. No radical change
was necessary for the greater portion of the Indian tribes to
become self supporting by the industries classed as civilized,
provided that their treatment had been rational and in accord-
ance with the slow but certain operations of nature. Tin-ough-
out the continent generally the pressure of the white settlers
did not allow of the necessary delay, but here it was obtained.
The advance of the Seminole has been practically without
European instruction, the efforts of the Spanish missionaries of
the seventeenth century having only left some traces of inter-
polation in their myths. They have adopted from European
civilization some Aveapons, implements, and fabrics and have
sliown their capacity for imitation and adaptation: but their
progress toward civilization has been their own work in the
orderly course of evolution, and is therefore instructive.
THE RELIGIOUS LIFE OF THE ZUNI CHILD, BY MRS. TILLY E.
STEVENSON.
During each of the years commencing with 1878, Mrs.
Stevenson has spent some time among the Zuiii, and four
whole field seasons were devoted by her to ob.servation and
study among that people Her researches were mainly among
the women of the tribe and directed to the understanding' of
domestic life. Women among the Zufli have charge of rites
and observances in which the men have no participation and
of which they have no direct knowledge; therefore no male in-
OF THE BUREAU OF ETHNOLOGY. LI
vestlgator, woose relations in respect to tne religious orders and
ceremonies must be exclusively with the men, can become ac-
quainted with the peculiar beliefs and rituals among- the women.
The work of Mrs. Stevenson, therefore, is complementary to
that of Mr. Cashing, wliich has before been reported. Her ob-
servation upon the puljlic ceremonies and mythology as known
to both sexes has also been independent of Mr, Cashing and
made from a different point of view ; therefore her contribution
upon them has an especial value.
Mrs. Stevenson has divided her volaminous notes respecting
Zuni child life into two parts ; one, tlie practical or domestic,
embraces the habits, customs, games, and experiences of the
children ; the other, the religious instruction and observances
connected with childhood. The last mentioned division is the
subject of her paper in tliis volume. It is introduced by a
brief notice of the mythology connected with the rites de-
scribed and by an account of the topography and natural feat-
ures to which references appear in the myths
The devotion of the Zuni to religious practices, in which their
time, labor, and property are so deeply absorbed, has before
been reported, but Mrs. Stevenson presents with conscientious
accuracy many new details. Among these details the student
of comparative mythology will notice several parallels with
the practices of otlier lands and periods of history, and some
of these will strike even those less erudite in comparative my-
thology, who still are familiar with classical literature. One
of these is the painful whipping of the young children on the
occasion of an important rite, perhaps in its origin, designed
to secure its impression on their memory, as in some ancient
European practices for the perpetuation of testimony. Another
is the wlnpping by ceremonial ministrants of persons wholly
unconnected with the innnediate rites, and at the request of
the latter, to obtain the realization of a wish, and more espe-
cially for fertility, wh.ich was an important element in the Lu-
percalia, perhaps the oldest of all the Roman rites. The vestal
virgins of Roman and of other religions are suggested by the
selection of maidens among the Zuni initiated into sacred
LII ANNUAL REPORT OF THE DIRECTOR
orders and cliarg-ed with special duties on tlie condition that
they shall remain unmarried.
In the details of the ceremonies described, as well as in their
dominant conception, there is an obvious similarity to some cur-
rent practices among Cln-istian peoples.
The Ziini believe that in order to secure success and happi-
ness each male child, before reaching the age of four years,
must receive the sacred breath of supernatural beings. This
is done by dramatic personation in an elaborate ceremony re-
curring every four years, and the most noticeable point is that
the vows of the child are taken for him by sponsors, these vows
to be renewed by the boy after attaining the age of discretion,
opportunity for which is afforded by an annual ceremony.
The frequent appearance of the number four throughout
these ceremonies is now well understood to originate among
these Indians, as among others, in their personification of the
winds blowing from the four cardinal points. The less fre-
quent but still marked recurrence of the number nine, which
is also specially noticeable in the Navajo myth in the present
volume, has not hitherto been satisfactorily explained. From
portions of Mrs. Stevenson's paper and from her yet unpub-
lished notes it Avould seem to Iiave some reference to the nor-
mal period of human gestation.
The primitive tribal state seems to have been organized for
the regulation of the conduct of its members toward one an-
other; that is, it is a civil organization proper, the purpose of
which is to secure internal peace and co-operation. But the
organization of the tribal state and the form of its government
are always modified to a greater or less degree by two other
considerations, which are potent agencies in forming the insti-
tutions of primitive societies. One concerns intertribal rela-
tions, and leads to the organization of society for the conduct
of war; the other concerns the relations which exist, or are
supposed to exist, between the people and invisible beings, and
leads to the organization of society for religious purposes. On
the civil organization there are always imposed a military and a
religious organization, and tlie magistrate, the warrior, and the
OF THE BUREAU OF ETHNOLOGY.
LIU
priest are forever contending with one another for j^ower, and
the ideas or principles which these officers represent are ever
in conflict with one another, and now one, now another, gains
the ascendency.
Among the tribes of the United States which have been
studied the civil organization is usually paramount ; but among
the Zuili religion appears to dominate in such a manner that
the priest-doctor, or "medicine man," as he has usually been
termed, is superior in rank, authority, and influence ; or, what
is essential!}' the same, the priest is ex officio ruler in peace and
leader in war. From this fact the study of the sociology of the
Zuni acquires great intei'est.
EXPEXDITUEES.
Classification of expenditures incurred during the fiscal year ending June
30, 18S4.
Claasification.
Amonnt
expcuded.
A. Services
U. Trarfling espenses
C. Tiausportation of pioperty
D. rieUl subsisteace
E. Field supplies and expenses
F. Ficdd material
G. Instruments
TI. Laboratory material
I. Pbotograpliic material
E. Cooks and maps
L. Stationery and drawing material
M. IlUistrations for reports
X. OfBee rents
O. Office furniture
P. Office supplies and repairs
Q. Storage
R. Correspondence
S. Articles for distribution to Indians
T. Specimens
Balance on band to meet outstanding liabilities.
Total
$33. 788 10
1.776 71
399 03
625 7a
512 es
506 25
56 75-
06 30'
284 25
7 95
174 00
55 00
6 70
14 53
1, 593 86
101 99
40, OUO 00-
ACCOMPANYING PAPERS.
5 ETII ■ 1-2
SMITHSONIAN INSTITUTION BUREAU OF ETHNOLOGY.
BURIAL MOUNDS
NORTHERN SECTIONS OF THE UNITED STATES.
PROF. CYRUS THOMAS.
»-4
CONTENTS.
Page.
Introd H ct i>i y 9
Burial inminds of the Wisconsin district 14
Burial mounds of the Illinois or Upper Mississippi district 24
The Ohio district 45
The Appalachian district 61
The Cherokees probably mound-builders 87
Concluding remarks 108
Supplemental note 110
5
LLUSTRATIONS.
Page.
Plate I. Group of earthworks, Allamakee County, Iowa 26
II. Enlarged figure and .section of earthwork A, PI. I ' 30
III. Group of mound.s and vertical section of blutt". East Dubuque,
Illinois 36
IV. A mound. (From DeBry) 40
V. Plat of ancient work,s, Kanawha County, West Virginia 54
VI. Enlarged plan of part of the works shown in Plate V 58
Fig. 1. Section of mound near Racine, Wisconsin. ( After Laphani) 14
2. Section of burial mound. Vernon County, Wisconsin 15
3. Earthen pot from Wisconsin burial mound Kj
4. Section of burial mound. Crawford County, Wisconsin 17
5: Section of burial mound. Crawford County, Wisconsin. 18
6. Section of burial mound. Vernon County, Wisconsin 20
7. Section of burial mound. Davenport, Iowa 24
H. Section of mound showing stone vault. Iowa 31
9. Plat of Indian burying ground. Wapello County, Iowa 33
10. Sectionof mound 4. East Dubu([ue, Illinois 30
11. Section of mound l(i (Plate III), showing vault 37
12. Plan of vault, mound 10 (Plate III) 37
13. Pipe from Illinois mound. (From Smithsonian Report, 1884) 38
14. Pipe from Illinois mound. (From Smithsonian Report, 1884) 36
15. Pipe from Illinois mound. (From Smithsonian Report, 1884) 38
Hi. Group of mounds. Brown County, Illinois 40
17. Form of the larger mounds of the preceding group 41
18. Groups of mounds. Clarke County, Mis.souri 43
19. Ohio burial mound. (After Squier and Davis) 46
20. Wooden vault of Ohio mound. (After Squier and Davis) 46
21. Copper gorget from mound. Kanawha County, West Virginia 52
22. Pipe from mound. Kanawha County, West Virginia 53
23. Pipe from Ohio mound 53
24. Mound with so-called "altar." Kanawha County, West Virginia 57
25. T. F. Nelson mound. Caldwell County. North Carolina 62
26. T. F.Nelson triangle. Caldwell County, North Carolina 63
27. Engraved shell gorget. Caldwell County, North Carolina 61
28. Cylindrical copper bead. Caldwell County, North Carolina 65
29. Bracelet of copper and shell beads. CaldwellCouuty, North Carolina. . 65
30. Iron implement. Caldwell County, North Carolina 65
31. Iron implement. Caldwell County, North Carolina 66
32. W. D. Jones mound. Caldwell County, North Carolina 67
33. Plan of the R. T. Lenoir burial pit, Caldwell County, North Carolina.. 69
34. Hre-bed. Wilkes County, North Carolina 72
7
Page.
Fig. 3.5. Sectiou of mound. Henderson County, North Carolina 74
36. Section of mound. Henderson County, North Carolina 75
37. Plan of burials in mound. Sullivan County, Tennessee 76
38. Pipe from mound. Sullivan County, Tennessee 76
39. Large mound of Etowah group. Biirtow County, Georgia 96
40. Vertical section of small mound, same group 97
41. Plan of burials in same mound 98
42. Copper plato from Etowah mound. Georgia 100
43. Copper plate from Etowah mound. Georgia 101
44. Copper badge from Etowah mound. Georgia 102
45. Copper badge from Etowah mound. Georgia 103
46. Engraved shell from Etowah mound. Georgia 103
47. Engraved shell from Etowah mound. Georgia 104
48. Copper plate from Illinois mound 105
49. Copper plate from Indian grave. Illinois 106
BURIAL MOUNDS OF THE NORTHERN SECTIONS OF
THE UNITED STATES.
By Cyrus Thomas, Ph. D.
INTRODUCTORY.
All the works of tbe mouiid-builder.s of our country are exceedingly
interesting to the antiquarian and are valuable as illustrating the hab-
its, customs, and condition of the people by whom they were formed, but
the sepulchral tumuli surpass all others in imjiortance in this respect.
Although usually simple in form and conveying thereby no indications
of the characteristics of the people bj- whom they were erected, yet
when explored they reveal to us, by their internal structure and contents,
more in regard to the habits, beliefs, and art of their authors than can
be learned from all their other works combined. From them we are en-
abled to learn some traits of ethnical character. The gifts to, or prop-
erty of, their dead deposited in these sepulchers illustrate their arts and
customs and cast some rays of light into their homes and daily life, and
the regard for their dead indicated by the remaining evidences of their
modes of burial and sei)ulcliral rites affords some glimpses of their re-
ligious beliefs and superstitions. The larger and more imposing works,
as the pyramidal mounds, the enclosures, canals, etc., furnish indications
of their character, condition, strength, and culture-status as a peojile
or tribe, but the burial mounds and their contents, besides the evidences
they furnish in regard to the religious belief and art of the builders,
tell us something of individual traits, something of their social life,
their tastes, their i)ersonal regard for each other, and even something of
the diseases to which they were subject. What is still more important,
the modes of burial and vestiges of art found with the dead furnish us
undoubted evidences of tribal distinctions among the authors of these
works, and, together with the differences in external form, enable us to
determine in a general way the respective areas occupied by the differ-
ent tribes or peoples during the mound-building age.
Judging by all the data so far obtained relating to the form, internal
structure, and contents of these works, much of which has not yet been
9
10 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
published, we are perhaps warranted in concluding that the following
districts or areas were occupied by different peoples or tribes. As a
matter of course we can only designate these areas in general terms.
(1) The Wisconsin district, or area of the emblematic or effigy mounds.
This embraces the southern half of Wisconsin, a small portion of the
northern part of Illinois, and the extreme northeast corner of Iowa.
The efBgy or animal mounds form the distinguishing feature of the
works of this district, but aside from these there are other features
sufficient to separate the works of this section from those further south.
(2) The Illinuis or Upper Mi>isissippi district, embracing eastern Iowa,
uortheastern Missouri, and northern and central Illinois, as far south
as the mouth of the Illinois Eiver.
In this region the works are mostly simple conical tumuli of small
or moderate size, found on the uplands, ridges, and blufls as well as
on the bottoms, and were evidently intended chiefly as depositories of
the dead. They are further characterized by internal rude stone and
wooden vaults or layers ; by the scarcity of pottery vessels, the frequent
occurrence of pipes, the presence of copper axes, and often a hard,
niortarliiie layer over the ])rimary or original burial. The skeletons
found are usually extended, though frequently in a sitting or squatting
posture.
Walls and enclosures are of rare occurrence in this region.
(3) The Ohio district, including the State of Ohio, the western part of
West Virginia, and the eastern portion of Indiana. Although the works
of this region present some features which are common to those of the
Gulf section, there are several peculiar characteristics which warrant
us in designating it as a distinct district. Among other of these peculiar
features we notice the great circles and squai-es of the enclosures, the
long parallel lines of earthen walls, the so-called " altar mounds," or
mounds containing structures chiefly of clay to which the name "altar"
has been applied ; the numerous carved stone pipes; the character of
the pottery and the methods of burial.
(4) The New York district, confined chiefly to the northern and west-
ern parts of the State of New York, but including also the lake region
of the central portion.
As the antiquities of this district have been shown by Squier to be
chiefly due to the Indian tribes occupying that section at the time of
its discovery by the Europeans, it is unnecessary to note the distinguish-
ing characteristics. The works are chiefly enclosing walls, remains of
palisades, and burial mounds.
(.5) The Appalachian district, including western North Carolina, east-
ern Tennessee, southwestern Virginia, and part of southeastern Ken-
tucky.
The characteristics which appear to warrant us in concluding that
the works of this region pertain to a different people from those in the
other districts, at the same time seem to show some relation to those of
THOMAS] ARCH^OLOGICAL DISTRICTS 11
tbe Oliio district. Such are the numerous stoue pipes, the altar-like
structures found in some of the mounds, and the presence of mica plates
with the skeletons. But the peculiar features are the mode of burial,
the absence of potterj , and the numerous polished celts and engraved
shells found in the mounds.
Although it is probable that there are at least three districts in the
southern portion of the United States, they appear to pass from one into
the other by such slight changes in the character of the works as to
render it exceedingly difficult to fix the boundaries between them. I
therefore mention the following, provisionally, as being those indicated
by the data so far obtained.
(G) The Middle Mississippi area or Tennessee district, including south-
east Missouri, northern Arkansas, middle and western Tennessee, south-
ern and western Kentucky, and southern Illinois. The works of the
Wabash valley possibly belong also to this district, but the data ob-
tained in regard to them are not sutHcient to decide this point satis-
factorily. This district, like the others of the south, is distinguished
from the northern section by its larger mounds, many of which are
pyramidal and truncated and often terraced, and which were, beyond
question, used as domiciliary mounds. Here we ivlso meet with re-
peated examples of enclosures though essentially difierent from those of
Ohio; also ditches and canals. From the Lower Mississippi and Gulf
districts, with which, as we have said, it is closely allied, it is distin-
guished chiefly by the presence of the box-shaped stone cists or coffins,
by the small circular house-sites or hut rings, and by the character of
the pottery. This is pre-eminently the pottery region, the typical forms
being the long-necked, gourd-shaped vase and the image- vessels. In
this district the carved stone pipes are much less common than in the
Illinois, Ohio, and Appalachian districts.
(7) The Lower Mississippi district, iucluding the southern half of Ar-
kansas, Louisiana, and Mississippi. There are no marked characteristics
by which to distinguish it from the Middle district; in fact as we move
southward along the Mississippi from the mouth of the Illinois river,
the works and their contents indicate a succession of tribes differing
but slightly in habits, customs, and modes of life, the river generally
forming oue natural boundary between them, but the other boundaries
being arbitrary. For exam])ie, the Cahokia region appears to have
been the home of a tribe from which at one time a colony pushed
northward and settled for a while in Brown and Pike Counties, Illinois.
The extreme southeastern counties of Missouri were probably the seat
of another populous tribe which extended its borders into the western
part of southern Illinois and slightly into northeast Arkansas, and
closely resembled in customs and art the ancient people who occupied
that part of the Cumberland valley in middle Tennessee. This subsec-
tion is principally distinguished by the presence of the small circular
house-sites, which are slightly basin-shaped, with a low ring of earth
12 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
around tbcm. As we move farther southward into Arkansas the house-
sites cliange into low circular mounds, usually from 1 to 3 feet in height,
and in nearly every instance containing a layer of clay (often burned)
and ashes.
These small mounds, which are clearly shown to have been house-
sites, were also burial places. It appears to have been a very common
custom in this section to bury the dead in the floor, burn the dwelling
over them, and cover the whole with dirt, the last operation often taking
place while the embers were yet smouldering. Burial in graves was
also practiced to a considerable extent. As we approach the Arkansas
River, moving southward and from thence into Louisiana, the pottery
shows a decided imjjrovement in character and ornamentation.
(8) The Gulf district, including the Gulf States east of the Mississippi.
The works of this section appear to be closely allied to those of the
Lower Mississippi district, as here we also find the large flat-topped
pyramidal mounds, enclosing walls, and surrounding ditches and canals.
The chief differences are to be found in the forms and ornamenta-
tion of the pottery and modes of burial.
As we approach the Mississippi liiver the distinguishing features
gradually disappear, although there appears to be a distinct snbdis-
trict in the northern part of Mississippi, and as we enter the Florida
peninsula a change is observed which appears to indicate a different
people, but the data so far obtained are not sufficient to enable us to
outline the suljdistricts.
This districting is to be regarded as a working hypothesis rather than
as a settled conclusion which will stand the test of future investiga-
tions. It is more than likely that other subdivisions will be found
necessary, and that the boundaries of some of the districts given will
have to be more or less modified ; still, I believe the arrangement will be
found substantially correct.
As a very general and almost universal rule, mounds of the class
under consideration are more or less conical in form, and are common
to all sections where earthworks are known to exist, in fact they form
almost the only ancient remains of some localities. Often they are iso-
lated, with no other monuments near them, but more frequently they
occur in groups or are associated with other works. Scpiier and Davis
say " they are generally of considerable size, varying from 6 to 80 feet
in height, but having an average of from 15 to 1.'5 feet."'
This is probably true in regard to the mounds explored by these archse-
ologists in Ohio, but is erroneous if applied generally ; as v^ery many,
evidently useil and intended as burying places only, are but two or three
feet high, and so far as the more recent examinations made in other
sections — especially the exiilorations carried on under the Bureau of
Ethnology — have shown, tumuli of this character are usually from 3 to
' Ancieut Mouuuients, p. 161.
THOMAS, i ARCH^OLOGICAL DISTRICTS. 13
10 feet liigb, tbougli some, it is true, are of mucli larger dimensions;
but these are tbe exceptions and not tbe rule.'
As tbe authors just alluded to are so frequently referred to by writersi
and their statements in reference to the works explored l)y them are
taken as of general application, I will venture to correct another state-
ment made by them iu regard to mounds of this character. They assert
that " these mounds invariably cover a single skeleton (in very rare in-
stances more than one, as in the case of the Grave Creek mound),
which, at the time of its interment, was enveloped in bark or coarse
matting or enclosed in a rude sarcophagus of timber, the traces, in
some instances the very casts, of which remain. Occasionally the cham-
ber of the dead is built of stone rudely laid up, without cement of anj-
kind.'"
I have investigated but few of the ancient works of Ohio personally,
or through the assistants of the Bureau, hence I can only speak in regard
to them from what has been published and from communications re-
ceived, butjadging from these, Messrs. Squierand Davis, while no doubt
correctly describing the mounds explored by them, have been too hasty
in drawing general conclusions.
That burial mounds in the northern sections very frequently cover
but a single skeleton is true, but that this, even in this section, is uni-
versally true or that it is the general rule is a mistake, as will api)ear
from what is shown hereafter. For will it apply as a rule to those of the
southern sections.
To illustrate the character and construction of these mounds, and
modes of burial in them, I will introduce here brief descriptions of the
leading types found in the different northern districts heretofore men-
tioned, confining myself chiefly to the explorations made by the Bureau
Brssistants.
' It is somewhat strange that Rev. J. P. MacLeau, who has long resided in Ohio and
has studied the monuds and other works of the southern portion of that State with
much care, should follow almost word for word this and the next statement of Squier
and Davis (Mound-Builders, p. TiO) and adopt them as bis own, without modiiicatiou oi
protest, when in the appendix containing his exceedingly valuable notes on the "Ar-
choeology of Butler County" nearly all the facts given bearing on these points show
them to be incorrect.
-Ancient Monuments, p. Ifil.
BURIAL MOUNDS OF THE WISCONSIN DISTRICT.
Following the order of the geographical districts heretofore given, we
commence with the Wisconsin section, or region of the efligy nionnds.
As a general rule the burial mounds in this area are comparativelj'
small, seldom exceeding 10 feet in height and generally ranging from 3
to C feet. In all cases these belong to that class of works usually de-
nominated "simple conical tumuli."
Of the methods of construction and modes of burial there appear to
be some two or tliree types, though not so dift'erent as necessarily to in-
dicate different tribes or peoples. One of these is well represented in
the following extract from Dr. I. A. Lapham's work describing some
mounds opened by Dr. Hoy, near liacine:
We excavated fourteen of the mounds, some with the greatest possible care. They
.are all sepulchral, of a uniform construction as represented in Fig. 1 [our Fig. 1.]
Fir,. 1.— Section of mound m-ar Racine, Wisconsin.
Most of them contained more than one skeleton ; in one instance we found no less than
seven. We could detect no appearance of stratification, each mound having been
built at one time and not by successive ailditions. During the investigations we
obtained sufficient evidence to warrant me in the following conclusions. The bodies
were regularly burled in a sitting or partly kneeling posture facing the east, with
the legs placed under them. They were covered with a bark or log rooting over which
the mound was built. '
In these a basin-shaped excavation some 2 or 3 feet deep was first
made in the soil in which the bodies were deposited, as shown in Fig. 1.
Mr. Middleton, one of the Bureau assistants, in 1883, opened quite a
number of small burial mounds in Crawford and Vernon counties, be-
14
' Antiquities of Wisconsin, p. 9.
THaMAs] BURIAL MOUNDS OF VERNON COUNTY, WISCONSIN. 15
longing to the same type as those just described ; some with the exca-
viitiou in the original soil in which the skeletons were deposited, though
in others there were no such excavations, the skeletons being deposited
on the original surface or at various depths in the mounds. I give here
descriptions of a few of them from his notes :
The one numbered 16, of the Gourtois group, is about 20 feet in diam-
eter, and at present scarcely more than 1 foot high, the ground having
been in cultivation for several years and the mound considerably low-
ered by the plow. A vertical section is given iu Fig. 2, «. a, indi-
«-,
Fig. 2. — Section of burial mound, Vernon County, Wisconsin.
eating the natural surface of the ground, b the part of the mound re-
moved, and c the original circular excavation in the natural soil to the
depth of 2 feet.
Four skeletons were found iu this excavation, two side by side near
the center, with heads south, faces up, one near the north margin with
head west, and the other on the south side with head east, all stretched
at fall length.
In another mound of the same group with a similar excavation noth-
ing save a single skull was found. In another of exactly the same kind
some of the skeletons were folded, while others were extended at full
length.
In all these cases, and in a majority of the small burial mounds opened
in this western part of the State, there was no stratification ; still there
were found some exceptions to this rule.
Vestiges of art were comparatively rare in them, yet here and there
were found an arrow-i)oint, a chipped lliut scraper or celt — in some in-
stances remarkably fine specimens — a few large copper gorgets, evi-
dently hammered from native copper, copper bead's, etc. Very few ves-
sels of pottery were obtained from them, but one was discovered, shown
iu Fig. 3, which I believe is of the finest quality of this ware so far
obtained from the mounds of the United States. There were intrusive
burials in a few of these mounds, but these have been wholly omitted
from consideration in the descriptions given.
In a few instances the mounds seem to have been built solely for the
purpose of covering a confused mass of human bones gathered together
after the flesh had disappeared or had been removed. Similar mounds
16
BURIAL MOUNDS OF THE NORTHERN SECTIONS.
are described by Mr. Thomas Annstroiij!; as found near Eipoii, Fond du
Lac County. Speaking of tliese, Mr. Armstrong says :
As to how these bones came to bo placed in these mounds, we can (if course only
conjecture ; but from their want of arrangement, from the lack of ornaments and im-
plements, and from their having' been placed on the original surface, we are inclined
to believe that the dry bones were gathered together — those in the large mounds lirst
and those in the smaller ones afterwards — and placed in loose piles ou the ground and
the earth heaped over them until the mounds were formed.'
There can be no doubt that the bones in this case were gathered up
I'rom other temporary burial places or depositories, as was the custom
of several tribes of Indians.
Fig. 3. — EartlK-n put liimi Wisconsiu iiiouud.
A number of burial mounds opened by Mr. W. G. Anderson, near
Madison, were found to be of the same general type as those mentioned
by Mr. Middleton. These he describes as being very low and poorly
made. Eight were opened, all having been built in the same way, with
only one layer of black eaith, so hard as to make the work of exca-
vation exceedingly laborious. These were circular, and about 4 feet
high. Skeletons were found as near as 12 or 13 inches to the surface,
but badly decayed. There were no sarcophagi or coflaus, and in all
cases the heads pointed towards the west."
' Smithsonian Report 1879, p. 337.
^Smithsonian Report 1879, p. 343.
THOMAS.] BURIAL MOUNDS OF CRAWFORD COUNTY, WISCONSIN. 17
lu some instances the nioiuul contained a circular stone wall, within
which a pit had been dug to the depth of 2 or 3 feet in the original
soil, as, for example, the one near Waukesha, described by Dr. Lai)ham.i
A mound in Crawford County, opened by Colonel Norris, one of the
Bureau assistants, in 1882, shows a similar vault or pit, but differs from
the preceding in being distinctly stratified and wanting the stone wall.
The construction of this tumulus and the mode of burial in it were as
follows :
Proceeding from the top downwards, there was first a layer of soil
and sand about 1 foot thick ; next, nearly 2 feet in depth of calcined
human bones, without order, mingled with which were charcoal, ashes,
and a reddish-brown mortar-like substance, burned as hard as pavement
brick. This layer is numbered i in the annexed cut (Fig. 4), which
r^-'— a.
Fir,. 4. — Section of burial mound, Crawford Count.v, Wisconsin.
represents a vertical section of the mound. Immediately below this
was a layer about 1 foot thick (No. 3) of clay or mortar mixed with sand,
burned to a brick-red color. Below this, in the si)nce marked 2 in the
cut, were found the bones of fifteen or twenty individuals, in a confused
heap, without order or arrangement. Mingled with these were fire-
brands, charcoal, and ashes. The bones were charred, some <if them to
charcoal, and some were glazed with melted sand. The nia.^s appears
to have been iirst covered with soft clay- mortar, which ran into and
filled the spaces, and the burning to have been done ^ifterwartl.s by means
of brush or wood heaped on the top, as among the bones were lumits of
hard burned clay.
The bottom of this layer corresponded with the original surface of
the ground, but tiie excavation being continued, a circular vault or pit,
0 feet in diameter, was found extending downwards, with perpendicular
sides, to the depth of nearly 3 feet. The bottom of this pit was covered
to the depth of an inch with fine chocolate-colored dust. Although the
filling of this pit was chiefl.v sand, there was a cavity at the bottom a
foot high in the center, over which the sand filling was arched as shown
in the figure.
' Antiquities of Wisconsin, p. 28.
O ETH-
18 ]!(JRIAL MOUNDS OF THE NORTHERN SECTIONS.
It is evident that the skeletons in this mound were buried after the
flesh had been removed, as we can on no other supposition explain the
fact that the clay or mortar had filled the interstices between the bones,
and that iu some cases it had even penetrated into the skulls.
Another mound, opened by Colonel Norris iu the same ueigbborhood,
presented some peculiarities worthy of notice, although not sufficient
to mark it as belonging to a distinct type.
According to his report, the southern portion had previously been ex-
]>lored by Judge Branson, who found at the base some six or eight skele-
tons lying stretched out horizontally, and covered by a dry, light-colored
mortar which must have been spread over them while iu a soft condi-
tion, as it had run between the bones and encased them, and in some
cases, as in the mound just described, filled the skulls. As only the
southern portion had been opened he removed the remainder. The dried
mortar-like substance was very hard and difficnlt to dig through, but the
pick soon struck some rough, fiat limestone rocks which proved to be
parts of a rude wall about 3 feet high and 8 feet long, built on the nat-
ural surfoce of the ground. In the opposite side of the mound, 12 feet
distant from and parallel with it, was another similar wall. Between
them and on the natural surface of the ground, side by side, were a
number of skeletons lying flat and lengthwise and parallel with the
walls. A vertical section of this mound is shown iu Fig. 5. The lit-
FlG. 5. — Section of buiial niouml, Crawford (bounty, Wisconsiu.
tie circles at the bottom between the walls indicate the heads of the
skeletons ; Xo. 4, the layer of mortar over the bones ; 3, a layer of hard
clay mixed with ashes; 2, a layer of clay; and 1, the top covering of
sand and soil about 18 inches thick. Before being disturbed this mound
was 35 feet in diameter and G feet high.
As it is evident that the burials iu this case were made at one time,
and as the mortar-like substance had run into the interstices, it is more
than probable that the skeletons were deposited after the flesh had been
removed.
The following description of a mound with a single original and sev-
eral intrusive burials is also taken from Colonel Norris' notes of work
in Crawford County :
One large mound of this group, 70 feet in diameter and 10 feet high,
still unexplored, was opened. It had been considerably defaced, espe-
cially on the west side. According to tradition it was a noted burial
place witli the Indians, which was certainly confirmed by the result.
THOMAS.] MOUNDS OF SHEBOYGAN COUNTY, WISCONSIN. 19
The surface or top layer was composed of sand and alluvial earth to the
depth of some 3 or 4 feet. Scattered through this in almost every part
of the mound were human skeletons in various stages of decay and in
different positions, but mostly stretched horizontally on the back. Scat-
tered among the remains were numerous fragments of blankets, cloth-
ing and human hair, 1 copper kettle of modern pattern, 3 copper
bracelets (hammered from native copper), 1 silver locket, 10 silver brace-
lets (one having the name "Montreal," and another the letters "A B"
stamped on it), 2 silver earrings, C silver brooches, 1 copper fluger-ring,
1 double silver cross, 1 knife-handle, and 1 battered bullet. In fact
the top layer to the depth of 3 or 4 feet seemed to be packed as full of
skeletons and relics as possible.
Carrying the trench down to the original surface of the ground, he
found at the bottom, near the center, a single skeleton of an adult in
the last stages of decay. "With it were the following articles: 2 stone
scrapers, a small stone drill, fragments of river shells, and pieces of a
mammoth tusk. The earth below the upper layer was mixed with clay
and ashes, evidently different from the surrounding soil.
Several mounds opened by him in Grant County contained charred
human boues, and one or two covered confused masses of boues, being
similar in this respect to some of those; heretofore mentioned.
A mound which he opened in Sheboygan County, containing a single
skeleton, is described as about 50 feet in diameter and 5 feet high.
After passing through 18 inches of surface soil, the central mass, com-
posed of earth mingled with charcoal, ashes, and loose stones, was
reached. Near the center of this mass, and at the bottom of the mound,
a large human skeleton was discovered, apparently holding between
the hands and knees a large clay vase. Immediately over this skele-
ton was an irregular layer of flat bowlders.
Another mound of this group, about the same size as the preceding,
was found literally filled with skeletons to the depth of 2i feet, evi-
dently intrusive burials, as they were accompanied with iron imple-
ments, silver ornaments, etc. Beneath these was a layer of rounded
drift bowlders aggregating several wagou loads. Below these and in a
shallow excavation in the natural surface of the ground were some
forty or more skeletons in a sitting or squatting jiosture, disposed in
circles around and facing the central space, which was occupied by an
unusually large shell [Bustjcon perversnm).
It is worthj'of notice in this connection that there are no etfigy mounds,
so far as known, in the immediate section where the two works just
mentioned are situated, but there is near by. one small oval enclosure
about 50 feet in diameter.
In studying the burial mounds of the district uow under considera-
tion, of which the foregoing may be considered as types, there appears
to he no marked distinction between the intrusive burials of modern
Indians and the original burials for which the mounds were constructed.
20 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
In both we observe from oue to many skeletons in a place; in both we
find them stretched out horizontally and also folded ; in botli we some-
times notice evidences of fire and partially-consumed bones; in both we
find instances where the mortar-like covering has been used, and in both
we meet occasionally with those confused masses of bones which seem
to have been gathered from graves or other temporary burial places
into these mounds as common depositories. Moreover the transition
from oue to the other is so gradual as to leave us nothing save the
position in the mound and the presence of vestiges of civilized art to
distinguish the former from the latter.
A large portion of these mounds, as has already been stated, are un-
stratified, and each was probably thrown up and completed at one time;
yet skeletons are found at various depths in some of these, as, for
example, one opened by Mr. Middleton, in Vernon County, a vertical
section of which is shown in Fig. C, a a indicating the original surface
Fig. G. — Section of burial mound, Vernon County, W^isconsin.
of the ground and the stars the positions of the skeletons, some of which
were stretched out at full length while others were folded. The heads
were towards different points of the compass and the bones of all were
so much decayed that none could be preserved. Several instances
of this kind were observed, in some cases those skeletons near the
surface or top of the mound indicating burial after contact with the
whites.
It is apparent, therefore, that although some of the burial mounds of
this district must be attributed to the so-called mound-builders, others
were certainly built by the Indians found inhabiting it at the advent of
the whites. There can scarcelj' be a doubt that some of the small un-
stratified tumuli described are the work of the Indians. If this is eon-
ceded there would seem to be no halting place short of attributing all
of this class in this district to the same race.
Dr. Hoy's statement that in some cases there was evidence that the
bodies had been "covered with a b;u-k or log roofing," is in exact accord
with a well-known burial custom of some of the tribes of the Northwest.
According to Mr. M. B. Kent, the Sacs and Foxes, who formerly re-
sided in the region now under consideration, buried the body "in a
grave made about i.'i feet deep, which was laid always with the head
towards the east, the burial taking place as soon after death as i^ossible.
The grave was prepared by putting bark in the bottom of it before the
corps3 was deposited, a plank covering made and secured some distance
above the bodv."
THOMAS,] BURIAL CUSTOMS. 21
Another method followed by the same people, accordiug to Mr. J. W.
Spencer,' was to make a shallow hole in the ground, setting the body in
it up to the waist, so that most of the body was above the ground. A
trench was then dug about the grave, in which pickets were planted.
But the usual method was to place split ijieces of wood about three feet
long over the body, meeting at the top in the form of a roof, on which
dirt was thrown to keei> them in place.
According to Potberie,^ the Iroquois were accustomed to cover the
bodies, after being deposited in the "fosse," with bark of trees, on which
they cast earth and stones.
According to Schoolcraft,^ the Mohawks of New York —
make a large rouud hole in wliicli the body can be placed upright or upon its hauuches :
which after the body is placed in it is covered with timber to support the earth which
they lay over, and thereby keej) the body from being pressed. They then raise the
earth in a round hill over it.''
The burial customs of northern tribes, known to have occuiiied por-
tions of the efligy mound district, agree so exactly with what we see in
the sepulchi-al tumuli of this district as to justify the conclusion reached
by Dr. Lapham, after a long and careful iiersonal study of them, that
they are to be attributed to Indians. Some he was rather inclined to
ascribe to tribes which had migrated, had been driven ott' by other tribes,
or been incorporated into them previous to the advent of the white race.
But he maintained that the subsequent tribes or those found occupy-
ing the country "continued the practice of mound-building so far as to
erect a circular or conical tumulus over their dead." And he adds sig-
nificantly, "This practice appears to be a remnant of ancient customs
that connects the mound-builders with the present ti'ibes." '
The evidence in regard to these nnstratified mounds appears to lead
directly to the conclusion that they are all the work of the Indians
found occupying the country at the time itAvas first visited by whites or of
their ancestors. If it is conceded that the small nnstratified tumuli are
in part the work of these aborigines, there would seem to be no escape
from the concUisiou that all the burial mounds of this district are to be
ascribed to them; for, although there are some two or three types of
burial and burial mounds, the gradation from one to the other is so
complete as to leave no marked line of distinction, and Dr. Lapham is
fully justified in asserting that the evidence connects the mound-build-
ers with the modern Indians. The stratified mounds in which the hard
clay or mortar covering over the remains is found, and which we shall
' Pioneer Life.
'^Potherie, Histoire de I'Ara^rique Septentrionale. II, p. 43.
' History of Indian Tribe.s of the United States, Part III, p. 193.
* As Dr. Yarrow has described the burial customs of the North American Indians in
the lirst Annual Report of the Bureau, I will omit further quotations and refer the
reader to his paper.
'' Antiquities of Wisconsin, p. 89.
22 r>URIAL MOUNDS OF THE NORTHERN SECTIONS.
again meet with in the adjoiiiiug district, mi\y be the work of ditfereiit
tribes from those which constructed the small unstratifled tumuli, but
the distinctions between the two classes are not such as to justify the
belief that they are to be attributed to a different race or to a people
occupying a higher or widely difl'ereut culture-status.
Having reached this conclusion it is imijossiblo for us to halt here ;
we are compelled to take one step farther in the same direction and
ascribe the singular structures known as " effigy mounds " to the same
people. The two classes of work are too inti mately connected to admit
of the supposition that the effigy mounds were built by one race or peo-
ple, and the conical tumuli by another. Wo might as well assume that
the enclosures of Ohio were the work of one people, but the mounds
accompanying them of another.
That works of different tribes or nations nuiy frequently be found in-
termingled on areas over which successive waves of ijopulation have
passed is admitted, but that one part of what is clearly a system is to
be attributed to one people and the other part to another people is a
hy])otliesis unworthy of serious consideration. The only possible expla-
nations of the origin, object, or meaning of these singular structures
are based, whether confessedly so or not, on the theory that they are
of Indian origin. Remove the Indian element from the problem and
we are left without even the shadow of an hjpothesis.
The fact that the effigy mounds were not used as places of sepulture,
and that no cemeteries save the burial mounds are found in connection
with them, is almost conclusive proof that the two, as a rule, must be at-
tributed to the same people, that they belong to one system. If this
conclusion is considered legitimate, it will lend much aid to the study
of these works. It is true it is not new, but it has been generally ig-
nored, and hence could not aid in working out results.
The following extract from I3r. Lapham's "j^ntiquities of Wisconsin"
will not be considered inai)propriate at this point:'
The aucient works iu Wiscousin are mostly at tlio very places selected by the pres-
ent Indiaus for their abodes, thus indicating that the habits, wants, modes of sub-
sistence, &c., of their builders were essentially the same.
If the present tribes have no traditions running back as far as the time of AUouez
and Marquette, or even to the more recent time of Jonathan Carver, it is not strange
that none should exist iu regard to the mounds, which must be of much earlier date.
It is by considerations of this nature that wo are led to the conclusion that the
mound-builders of Wisconsin were none others than the ancestors of the present tribes
of Indians.
There is some evidence of a greater prevalence than at present of ]irairie or culti-
vated land in this State at no very remote age. The largest trees are probably not
more than five hundred years old, and large tracts of land are now covered with for-
ests of young trees where there are no traces of an antecedent growth. Every year
the high winds prostrate great numbers of trees and frequent storms pass through the
forest, throwing down nearly everything before them. Trees are left with a portion
of the roots still in the ground, so as to keep them alive for several years after their
I Pp. 90-9a.
TH05IAS.] UR. lapham's conclusions. 23
prostratiou. These " wind-falls" are of frequent occurrenco in the cleptha of the for-
ests and occasion much difficulty in making the public surveys. The straight lines
of the sections frequently encounter them.
The amount of earth adhering to the roots of a tree -wheu prostrated by the wind
is, under favorable circumstances, very considerable, and upon their decay forms au
oblong mound of greater or less magnitude, and a slight depression is left where the
tree stood. These little hillocks are often by the inexperienced mistaken for Indian
graves. From the paucity of these little "tree-mounds" we infer that no very great
antiquity can be assigned to the dense forests of Wisconsin ; for, during a long period
of time, with no material change of climate, we would expect to find great numbers of
these little monuments of ancient storms scattered everywhere over the ground.
Whether the greater extent of treeless country in former times was owing to uat-
>iral or artificial causes it is now difficult to determine, but the great extent of an-
cient works within the depths of the present forests would seem to indicate th.at the
country was at least kept free from trees by the agency of man.
Many of these tree-mounds wero observed on and about the ancient works.
Another curious circumstance that may bo noticed by iusiiectiou of the figures of
mounds accompanying this work is the gradual transition, as it were, or change of
one form into another. Examples can be found of all forms, from a true circle through
the oval and elongated oval to the oblong mounds and long ridges. Again, there is
a succession of mounds, from the simple ridge of considerable size at one end and
gradually diminishing to a point at the other, through the intermediate forms, having
one, two, three, or four projections to the "turtle-form." In this way, also, we may
trace a gradual development (so to speak) of nearly all the more complicated forms.
It is not pretended to assert that this was the order in which the mounds were
erected ; or that the aborigines gradually acquired the art by successive essays or les-
sons. Indeed, we are led to believe that the more complicated forms are the uu)st
ancient.
The relative ages of the difl'erent works in Wisconsin, so far as they can be ascer-
tained from the facts now before us, are probably about as follows:
First and oldest. The animal forms, and the great works at Aztalan.
Second. The conical mounds built for sepulchral purposes, which come down to a
very recent period.
Third. The indications of garden-beds planted in regular geometrical figures or
straight lines.
Fourth. The plantations of the present tribes, who plant without system or regu-
larity.
Thus the taste for regular forms and ar-angements, and the habits of construction
with earthy materials seems to have been gradually lost, until all traces of them dis-
appear in our modern degenerate red men.
The animal-shaped mounds and accompanying oblongs and ridges, constituting
the first of the above series, are composed of whitish clay or of the subsoil of the
country.
The mounds of the second series, or burial mounds, ai'e usually composed of black
mould or loam, promiscuously intermixed with the lighter-colored subsoil.
BURIAL MOUNDS OF THE ILLINOIS OR UPPER MISSISSIPPI DIS-
TRICT.
This district, as heretofore stated, includes easteru Iowa, uorth-
easteru Missouri, and northern and central Illinois as far south as the
mouth of the Illinois Eiver.
Although we are justitied in concluding that this area was occupied
during the mound-building age by tribes different from those residing
in the Wisconsin district, yet the distinguishing characteristics are more
apparent in the forms of the works than in the modes of burial and in-
ternal construction of the burial mounds. We shall see by the illustra-
tions hereafter given that at least one of the types found in one district
is common in the other. iJut this is to be expected and is readily ex-
plained by the supposition that the tribes which have occupied these re-
gions moved back and forth, thus one after another coming upon the
same area. The absence of evidence of such movements would indicate
that the mound building period was of comparatively short duration, at
theory which I believe has not been adopted by any authority, but to
which I shall have occasion again to refer. One class of the burial mounds
of this district is well represented in a group, explored by the members
of the Davenport Academy of Natural Sciences, on the Cook farm, near
Davenport, Iowa. The mounds of this group are situated on the imme-
diate bank of the Mississippi at a height not exceeding S to 12 feet above
high-water mark ; they are conical in form and of comparatively small
size, varying in height from 3 to 8 feet. Nine of them were opened, of
which we notice the following :
In No. 1 the layers from above down were, hrst, a foot of earth; then
a layer of stones li feet thick; then a layer of shells 2 inches thick;
.''•.
'^p:'
At, •
#
-.9)
Fir;. 7. — Section of burial monnd, Davenport, Iowa. [From the Procecilings of tlio Davenport Acad-
emy of Sciences.]
next a foot of earth, and lastly a second layer of shells 4 inches thick.
Immediately under this, at the depth of 5 feet, were found five skeletons
stretched horizontally on the original surface of the ground, jiarallel to
each other, three with heads toward the east and two with heads west,
24
THOMAS.) BURIAL MOUNDS, DAVENPORT, IOWA. 25
■\Yith tbeui were fouiul one sea-sbell {Busycon jjerrersiim), two copper
axes, to which fragments of cloth were attached, one copper awl, au
arrowhead, aud two stoce pipes, one representing a frog.
Mound Xo. 2, though similar in form aud external appearance to the
preceding, presented a quite different arrangement internally, as is evi-
dent from the vertical section shown in Fig. 7. Here there were no
layers of shells, but two distinct layers of stones. At the depth of
5 feet eight skulls (five Only are shown in the figure), with some frag-
ments of bones were unearthed; these were lying in a semicircle of 5
feet diameter, each surrounded by a circle of small stones (shown at a
in the figure). From the position of the skulls and bones it was evident
these bodies had been buried in a sitting posture. The articles found
accompanying the skeletons were two copper axes, two small hemi-
spheres of coi^per aud one of silver, a bear's tooth, aud an arrow head.
No. .3, though the largest of the group, was apparently unstratified,
the original burial consisting of the bones of two adults and one inl'ant,
at the original surface of the ground, under a thin layer of ashes, aud
surrounded by a single circle of small red stones. With these were
found copper axes, copper beads, two carved stone pipes (one iu the
form of a ground-hog), animal teeth, etc. ISTear the surfixce of the
mound were two well-preserved skeletons, with evidences of an " oak-
wood" covering over them aud accompanied by glass beads, a fire steel,
clay pipe, and silver ear-ring — evidently an intrusive burial.
No. 4; was found similar in construction and iu all other respects to Xo.
3, except that at the feet of the skeletons was a round heap of stones,
■i feet high, neatly laid up, and that in the earth where the skeletons
lay could be distinctly seen traces of cloth or some woven material, in
which they had probably been enveloped.
No. 5 was similar to No. 2, except in the following resi)ects : The
skeletons (probably two) were iu a confused heap at the bottom under
a Ginch layer of hard clay (probably similar to what Colonel Norris
calls " mortar "). Near these, but outside of the clay layer, was a stone
heap similar to that in No. 4. " On this lay two very strong thigh bones
aud three ribs placed diagonally across each other. There were also
a few bones leaning against the heap at one side. The stones were
partly burned to lime, and all of them showed more or less marks of
fire, while the bones in the mound showed not the slightest trace of it."
Four or five feet south of the stone-heap was a large quantity of
human bones in complete confusion. The relics were broken pots,
arrow-heads, a stone pipe, etc.
Nos. 7, 8, and 9 were similar to No. 1, varying only in minor details.'
My object in noticing the construction of so many mounds in a single
group and the modes of burial in them, is to call attention to the ditt'er-
enccs iu detail where there can be no doubt that they were built by one
tribe and probably by one clan, as the size of the group indicates a
' Proceedings of the Davenport Academy of Sciences, Vol. I, pp. 118-122.
26 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
comparatively limited poi^ulatiou. In these nine monnds we notice the
following difi'ereuces : some are stratified, others not ; in some the skele-
tons are placed liorizontally on the gronnd, in others they are in a sit-
ting jjostnre, while in others they are dismembered and in confused
heaps ; in some there .are altar-like' structures of stone which are want-
ing in others; in some the skeletons are covered with a hard clay or
mortar coating which is wanting in most of them, and lastly, we see in
one or two, evidences of the use of fire in the burial ceremonies, though
not found in the others.
In some respects these mounds remind us of some of the stratified
tumuli of Wisconsin, especially those opened by Colonel Norris in She-
boygan County, to which they bear a sti'ong resemblance.
lu the latter part of 1882 Colonel Norris examined a group of works
in Allamakee County. Iowa, which presents some peculiarities worthy
of notice in this connection.
This group, which is represented iu Plate I, consisting of enclosures,
lines of small mounds, and excavations, is situated on the farm of Mr.
H. P. Lane, about 7 miles above New Albin. It is on a bluff in one of
the numerous bends of the Little Iowa Elver, the character of the
locality indicating that it was selected as one easily defended. 1 shall
at ])resent only notice those particulars which seem to have some bear-
ing on the character of the burial mounds and mode of interment.
Although there are no effigy mounds in the group, the relative posi-
tions and forms of the tumuli, as shown in the figure, and other partic-
ulars to bo noticed, leave no doubt iu my mind that the works, in
part, are to be attributed to the people who built the figure mounds
of Wisconsin. But, as will be seen from the particulars mentioned,
there is conclusive evidence that the locality has been occupied at dif-
ferent times by at least two distinct tribes or x3eoi)les, differing widely
in habits and customs.
The largest work is an enclosure marked A in Plate I, and shown
on an enlarged scale in Plate II. It is situated on the margin of
a bluff overlooking the Little Iowa and an intervening bog-bayou,
probably the former channel of the river. It is almost exactly cir-
cular, the curve beiug broken on the east side, where it touches the
brink of the bluff', being here made to conform to the line of the lat-
ter, though probably never thrown up to the same height as the other
portion. The ends at the southeast overlap each other for a short dis-
tance, leaving at this point an entrance way, the only one to the en-
closure. A ditch runs round on the inside from the entrance on the
south to where the wall strikes the bluff' on the north, but is wanting
along the bluff and overlapping portion. The north and south diam-
eter, measuring from outside to outside, is 277 feet ; from east to west,
'I wisli it distiuctly understood that I do not, by the use of this term, commit my-
self to the theory that these mounds or any others contain altars iu the true seuse
of the term, as I very mucli doubt it.
BUREAU OF ETHNOLOGY
-AL REPORT PL. I
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IjROUP OF EARTHWORKS, ALLAMAKEE COUNTY, IOWA
THOMAS.] ANCIENT WORKS, ALLAMAKEE COUNTY, IOWA. 27
235 feet; the eutiie outer circuiufereuce is 807 feet, the leugth of the
portion along the bluff 100 feet, aud of the overlapping portion at the
entrance 45 feet. The wall is quite uniform in size, about 4 feet high
anil from 25 to 27 in width, except along the bluff, where it is scarcely
ai)j)arent; the entrance is 10 feet wide, and the ditch 5 to 0 feet wide
aud 3 feet deep. On the north, adjoining the wall on the outside aud
extending along it for about 100 feet, is an excavation (c, Plate II) 35 feet
wide at the widest point aud 3 feet deep.
As this ground, including the circle, has been under cultivation for fif-
teen years, it would be supposed the height of the wall is considerably
less than it originally was, but this is probably a mistake. On the con-
trary, it was originally probably but 20 feet wide and not more than 3
feet high, composed mainly of yellowish brown clay obtained, in part at
least, from the ditch, but during occupancy the accumulation of count-
less bones of animals used as food, stone chips, river shells, broken pot-
tery, and dirt, and, since abandonment, the accumulation of sand drifted
by the winds from the crumbling sandstone butte {C, Plate I) over-
looking it, have not only filled the ditch but elevated the wall and
whole interior area 2 feet or more. This accumulation of sand is so
great aud so uniform over the plateau that fifteen years of cultivation
have not sufdced to reach the clay of the original surface nor to unearth
or even penetrate to the bones, pottery iragmeuts, and other refuse
matter covering the original surface in the circle.
Trenches cut across the wall at various points indicate, first, a layer of
sand about 1 foot thick; immediately belcw this an accumulation of
refuse matter forming a layer from 1 to 2 feet thick ; under which was
the original clay embankment 2 feet thick, resting on the natural surface
of the ground. A section of the ditch, embankment, and excavation
is shown in Plate II. The dotted line a h indicates the natural surface;
No. 1 the original clay layer of the wall ; jSTo. 2 the layer of earth and
refuse material with which the ditch is filled ; and No. 3 the top layer
of sand.
In No. 2 were found charcoal, ashes, fragments of pottery, fractured
bones, etc.
A broad belt of the inner area on the east side was explored, and the
same conditions were found to exist here as were revealed by the trenches
across the wall and ditch, except that here the shells were more abun-
dant in layer No. 2, and there were many burnt stones.
On the southeastern iiortion of the plateau {B, Plate I) are six nearly
parallel lines of mounds running northeast and southwest, mostly cir-
cular in form, varying from 15 to 40 feet in diameter, and irom 2 to
G feet in height; a few, as indicated in the figure, are oblong, varying
in length from 50 to 100 feet. The number in the group exceeds one
hundred.
While engaged in excavating these mounds Colonel Norris observed
a number of patches of the level area quite destitute of vegetation. The
28 BURIAL MOUNDS OB" THE NORTHERN SECTIONS.
owner of the land, who was present, could give no explanation of this
pliciioinenon, simply remarking that they had always been so, never hav-
ing produced a good crop of anything, although there was no apparent
difference between the soil of these spots and the surface around them.
As some of these extended across the area occupied by the mound group,
he coucluded to explore them, and was surprised to liud them to be bury-
ing places, and scattered here and there among the graves, if such
they could be called, were stone chips, shells, charcoal, and ashes. He
was surprised at this, as he supposed the inounds alone were used as
depositories of the dead, and was at first disposed to attribute tliese
burials to a people who had occupied the ground long subsequent to the
authors of the works. Possibly this may be the correct solution, but if
so, they were certainly the same as those who buried iu the mounds of
this group, as no difference in the contents and internal arrangement
could be observed. In both cases there Avas a compact layer of hard,
light-colored earth, having the appearance of lime-mortar, possi'dy clay
and ashes mixed together, which had been subject to the action of fire.
As the burials in these sterile spots were seldom more than 18 inches
deep, the only layer above tliem consistetl of sand from the butte,
while the mounds were uniformly covered with a layer of richer soil,
although below this aud covering the skeletons was a layer of hard, light-
colored earth. Skeletons and bones were found in great abundance in
the mounds and under the surface of the i)latean, though none were
discovered iu the circle or nearer than 200 yards of it. They were
sometimes mingled promiscuously with charcoal and ashes, but were
usually in whole skeletons lying horizontally, though some were in a
sitting posture ; they were within from 1 to 3 feet of the surface, with-
out any apparent system, except that they were always covered with
a layer of hard earth.
A trench cut through the long mound of this grouj), No. 1, revealed
near the center an oblong pile of sandstones, beneath which was found
a rude stone coffin, formed by first placing flat sandstone slabs on the
natural surface of the ground, then other slabs at the sides and ends,
and a covering of similar stones, thus forming a cist or coffin about G
feet long and IS inches wide. Withiu this, extended at full length, with
the head west, was the skeleton of an adult, but too much decayed for
preservation. With it were some stone chips, rude stone scrapers, a
Unio shell, and some fragments of pottery similar to those dug up in
the circular enclosure.
The mounds on the sand butte marked C, Plate I, which is something-
over 100 feet high, were opened and found to be in every respect similar
to those already mentioned, showing them to be the work of the same
people who built the others.
The three mounds in the square enclosures marked D, (Plate
I), were also opened, with the following results : The largest, oval in
form, 30 feet long, about 20 feet broad and 4 feet high, was found to
THOMAS] ANCIENT WORKS, ALLAMAKEE COUNTY, IOWA. '29
consist of a top layer of loose saud 1 foot thick, the remaiiuler of hard
yellowish clay. In the latter -were found several flat sandstone frag-
ments, and beneath tlioni, on the original surface of the ground, a much
decayed skeleton, with which were a few stone chips, Unio shells, and
fragments of pottery.
The second in size, IS feet in diameter and 3 feet high, although
covered with a layer of sand, was mainly a loose cairn of sandstones,
covering traces of human bones, charcoal, and ashes. The third was
found to be similar to the second, but in this case the i^ile of stones
was heaped over a mass of charred human bones, mingled with which
were charcoal, ashes, and fragments of pottery.
Fragments of pottery were found in abundance in the circle, in the
mounds, in the washouts, and in fact at almost every point in the area
covered by the group. Judging by the fragments, for not a single
entire vessel was obtained, the prevailing forms were the ordinary
earthen pot with ears, and a flask or gourd-shaiied vase with a rather
broad and short neck, often furnished with a lid. The paste with which
this pottery was made had evidently been mixed with pounded shells.
The only ornamentation observed consisted in the varied forms given
the handles or ears and indentations and scratched lines.
jS^early all the implements found were of stone, exceedingly rude,
being little else than stone flakes with one sharp edge ; many of them
having been resharpened and used as knives, scrapers, and skinners.
Some had been worked into moderately fair perforators or drills for
making holes in horn, bone, and shell — specimens of all these, with such
holes, having been found here.
The immense quantity of charred and fractured bones, not only offish,
birds, and the smaller quadrupeds, such as the rabbit and the fox, but
also of the bear, wolf, elk, deer, and buflalo, shows that the occupants of
this place lived chiefly by the chase, and hence must have used the bow
and arrow and spear; yet, strange to say, although careful sean-h was
made for them, less than a dozen arrow and spear heads were found,
and these so rude as scarcely to deserve the name. A single true
chipped celt, three sandstones with mortar-shaped cavities, and a few
mullers or stones used for grinding were obtained ; also, some fragments
of deer-horn, evidently cut round by some rude implement and tlien
broken off, and several horn and bone punches and awls, one barbed and
another with a hole through the larger end.
The object in view in presenting these details is to give the reader an
opportunity of judging for himself in reference to some inferences drawn
from them.
The form of the circular enclosure reminds us at the first glance of
the palisade enclosures figured by De Bry,' which, according to Lafitau,^
was the form usually adopted by the Indian tribes who were accustomed
'Brevis Narratio, Plato XXX. Adinirauda Narratio, Plate XIX
•Mo'iirs des Saiivagcs, IT, \>. 4.
30 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
to erect such structures. We liave here tlie~ almost exact circle, save
where interrupted by the luargiu of the bluff, the overlapping of the
ends, and the narrow entrance-way. We have here also the clay with
which it was the custom, at least in the southern section, to plaster the
palisades or which was cast against their bases as a means of support"
ing or bracing them at the bottom, a custom not entirely unknown
among the northern tribes in former times.
The indications are therefore very strong that this enclosing wall was
originally a palisade which had been in part plastered with clay, or
against which clay had been heaped to assist in rendering it firm and
secure, and, if so, then it is probable it was built by Indians.
Be this supposition right or wrong the evidence is conclusive that the
area on which this group is situated has been the abode of at least two
tribes or peoples : first, it was occupied by the authors of the enclosures,
whose stay was probably not verj' protracted, and after thej' had aban-
doned the locality or been driven from it by a second tribe, evidently
comparatively numerous, that made it for along time a dwelling place;
a tribe differing in customs from its predecessor, and one that did not
rely upon enclosures for protection. By no other supposition can we
account for the fact that the refuse layer which covers the interior of
the circle also spreads in equal depth over the ditch and clay remains
of the enclosing wall, as those who left this refuse layer could have
made no possible use of the wall as a defensive work, for which the
position chosen and other particulars show it was designed.
The form of this enclosure, as we have before intimated, seems to
connect it with some one of the Indian tribes ; Its age is uncertain but
the accumulation of refuse matter and sand since the abaudoument by
the first occupants indicates considerable antiquity.
Although we cannot say positively that the second occupants were
the builders of the mounds, as the investigation was not as thorough as
it should have been, still I think we may assume, with almost absolute
certainty, that such was the fact. The mounds in the square work
marked D, in Plate I, present considerable differences from those in
the group, and aie probably the work of those who built the enclos-
ures.
The stone grave in the oblong mound indicates the presence of indi-
viduals of a more southern tribe^ at this place, during its second occu-
pancy. The position of the cist in the mound would seem to forbid the
idea of an intrusive burial, otherwise I should certainly suppose such to
be the fact. I cannot, in the present paper, enter into a discussion of
the question "to what tribe or people are the box-form stone graves to
be attributed," but will state my conviction to be, after a somewhat
careful study of the question, that they are to be ascribed to the
Shawnees, Delawares, and Kickapoos.
' Sec "Early Notices of the Indians of Ohio" by M. F. Force, pp. 18-20.
I
jsmMh^ ■■
C^^*
Hi
a
I
^^^,,,,,uUiiiiiii"'"""'"-«/,„,„,^^^^^
Sl-
I
k
w
U( -> o /
THOMAS.]
MOUND CONTAINING VAULT.
31
Without further discussion of this groui). which, as before intimated,
jtresents, so far as the mounds are concerned, some features which ap-
pear to ally the latter to one class of burial mounds found in Wisconsin,
we will now refer to some other works of this district explored by the
Bureau assistants.
On the laud owned bj' Mr. Fish, in Iowa, near the Mississippi Eiver, a
short distance below where the Little Iowa joins it, is a group of mounds
placed on the crest of a ridge running pfirallel with the former stream
about one-fourth of a mile therefrom. There are in all about thirty of
these mounds, circular in form, and varying from 20 to iO feet in diameter.
These are all burial mounds, but one singular feature observed is that
those on the higher sandy ground, although about the same size and ■
having cores of clay similar to those on the firm clay portion of the
ridge, have a layer of sand, some two feet or more added to them, yet
when opened the contents and mode of construction of the two classes
were found to be the same, to wit, a layer of hard clay covering de-
caying human bones, fragments of pottery, and rude stone implements.
There were generally two or more skeletons in a mound, which were
placed horizontally side by side on the natural surface of the ground.
Upon the terrace below the group were found the remnants of a row
of comparatively large burial mounds. A railroad line having been
carried along here, the larger portion of these works were destroyed;
still, enough remained to show that the height varied fjom G to lo feet,
that thej' were composed chiefly of sandy loam similar to that around
them, and that each had a hard central core of clay mixed with ashes,
usually covering but a single skeleton. The relics found in them when
opened consisted chieflj- of stone axes, arrow and spear heads, and a
few copper celts. In one, which was 32 feet in diameter and S feet high
and less injured than the others, was a circular vault, walled as repre-
sented in Fig. 8. This was built of flat, unworked stones, laid up
Fig. S. — Section of niouud showinj^ stone vault (Iowa).
without mortar, gradually lessening as it ascended, and covered at the
top by a single flat stone. In it was a single skeleton in a squatting
posture, with which was a small earthen vase of globular form.
A singular fact was observed in a group near the town of Peru,
Dubuque County. This group is situated on a dry, sandy bench or
n
32 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
terrace some 20 feet or more above a bayou \thieli makes out from the
Mississippi. It consists cbietiy of small circular tumuli, but at tbe
nortli end are four oblong mounds varying in length from 40 to 110 feet
aud in height from Ji to 4 feet; there is also an excavation about 30
feet in diameter aud G feet deep, and scattered throughout the group
are a number of circular earthen rings varying in diameter from 12 to
30 feet and from 1 to 2 feet in heiglit.
Quite a number of the circular mounds were opened, but only de-
tached portions of a skeleton were found in any one, as a skull in one,
and a leg, arm, or other part in another, four or five adjacent ones appar-
ently together containing the equivalents of an entire skeleton. Some
of these bones were charred, and all were much decayed, indicating by
their appearance great age. The inner portion of the mounds cousisted
of hard, compact earth, chielly clay, resembling in this respect most of
the burial mouuds of this region.
Unfortunately the examination of this group was too partial and too
hastily made to euable us to form any theory as to the meaning of this
singular mode of burial, or even to be satisfied that the idea of our
assistant in this regai'd is correct.
As possibly having some bearing upon the question, the following
facts relating to another similar group at Eagle Point, three miles above
Dubuque, are gi^■en.
This group, which is situated on a bluff about 50 feet above high-
water mark, consists of about seventy mounds, all of which, except two
oblong ones, are small and conical in form. Eleven of these circular
tumuli were thoroughly explored, but nothing was found in them except
some charcoal, stone chips, and fragments of pottery. But in an ex-
cavation made in the center of a long mound just west of the group
were found two decayed skeletons. Near the breast of one of them
were a blue stone gorget and five rude stoue scrapers; with the other,
thirty-one fresh-water pearls, perforated aud used as beads. Exca-
vations were made in an oblong aud circular mound near the extreme
point of the bluffs. Each was found to have a central core of very
hard clay mixed with ashes, so hard in fact that it could only be broken
up with the pick, when it crumbled like dry lime mortar, and was found
to be traversed throughout with flattened horizontal cavities. These
cavities were lined with a peculiar felt-like substance, which Colonel
jSforris, who opened the mounds, was satisfied from all the indications
pertained to bodies which had been buried here, but from lapse of time
had entirely crumbled to earth save these little fragments. We are
therefore perhaps justified in concluding that a more thorough and
careful examination of the mounds of the other group would have
shown that the skeletons had so far decayed as to leave but a small
part in a mound. Nevertheless it is proper to state that Colonel Norris
docs not coincide with this conclusion, but thinks that the dismembered
skeletons were buried as found. Possiblv he is correct.
INDIAN lU'UIAI.S, IOWA.
33
lu tlii.s coiiucction, aud before referring' totlie mounds of this district
on the Illinois side of tlie Mississippi, I desire to call attention to sonie
niodern India-n burials in this i-egion. As the statements here made
are trom one claiming to be an eyewitness, I give them as related to
the Bureau assistant.
The locality is a level plat in a beml of the Des ^loincs Jiiver between
Eldon and lowaville, Wapello County. The plat of this area and the
sites of the burial places, as shown in Fig. 0, are based upon the state-
D
DO ,
□ Q tLOOH
Fir;. 9.— Plat uf ludiau buryiiig-y;rouiid, Wapello County. Iowa.
meuts of ]\Ir. J. H. Jordan (the person referred to), who has resided here
since the close of the Black Hawk war, and was the agent of the Saca
aud Foxes from their removal hither after the war until Black Hawk's
death, September 15, 1838.'
'According to Drake, "Indians of Noitli AnifiicT,'' \\v ditMl Oifober ;i, IS'i^.
."> ivni — .■;
34 BURIAL MOUNDS OK THE NORTHERN SECTIONS.
The extreme width of the area represeuteU is about 2 miles. Close
to the point of the bend formerly stood the agency building, near which
is the i)resent residence of Mr. Jordan. The triangle marks the position
of Black Hawk's grave; the parallel Hues, the racetracks; the rings
in the upper corner, the mounds of the lowas ; those in the lower corner,
near lowavillo, the mounds of the Pottawattamies; and the open dots,
near the same point, the place where the scaflblds for their dead stood.
Mr. Jordan says :
"This valley Lad long been a famous haunt for the warring Indians,
but was, at the time of my first personal acquaintance with it, in posses-
sion of the lowas, whose main village was around the point where my
present residence now stands. The race-course consisted of three hard
beaten parallel tracks nearly a mile in length, where the greater por-
tion of the Iowa warriors were engaged in sport when Black Ilawk sur-
prised and slaughtered a great portion of them in 1S30. After Black
Hawk and his warriors had departed with their plunder, the remaining
lowas returned and buried their dead in little mounds of sod and earth,
from 2 to 4 feet high, at the point indicated on the diagram.
"After the Black Hawk war was over, the remnant of the lowas, by
treaty, formally ceded their rights in this valley to the Sacs and Foxes.
At this place this noted chief was buried, in accordance with his dying
request, in a full military suit given him by President Jackson, together
with the various memorials received by him from the whites and the
trophies won from the Indians. He was placed on his back on a
'puncheon' [split slab of wood], slanting at a low angle to the ground,
where his feet were sustained by another, and then covered with several
inches of sod. Over this was placed a roof shaped covering of slabs or
'puncheons,' one end being higher than the other; over this was
thrown a covering of earth and sod to the depth of a foot or more, and
the whole surrounded by a line of pickets some 8 or 10 feet high."
Here we have evidence that some at least of the Indians of this re-
gion were accustomed to bury their dead in mounds down to a recent
date.
One of the most important burial mounds opened in this district by
the employes of the Bureau is situated on the bluff which overhangs
East Dubuque (formerly Duuleith), Jo Daviess County, Illinois. As I
shall have occasion to refer to others than the one mentioned, I give in
Fig. 15, Plate III, a plan of the group, and in Fig. 10, same plate, a
vertical section of the bluff along the line of mounds numbered 13, 14,
15, IG, and 17, in which is seen the general slope of the irpper area.
The mounds of this group are conical in form, varying from 12 to 70
feet in diameter and from 3 to 12 in height. All appear to have been
built for burial purposes.
lu No. 5, the largest of the group, measuring 70 feet iu diameter and
12 feet in height, a skeleton, apparently an intrusive burial, was found
THOMAS] MOUNDS AT EAST DUBUQUE, ILLINOIS. 35
at the ilcptb of 2 feet immediately below the apex. Near the orig-
inal surface of the ground, several feet north of the center, were the
much-decayed skeletons of some six or eight individuals of every size
from the infant to the adult. They were placed horizontally at full
length with the heads toward the south. A few perforated Unio shells
and some rude stone skinners and scrapers were found with them.
Near the original surface, some 10 or 12 feet from the center, on the
lower side, was discovered, lying at full length on its back, an unusu-
ally large skeleton, the length being something over 7 feet. It was
all distinctly traceable though it crumbled to pieces immediately after
removal from the hard earth iu which it was encased. With it were
three thin, crescent-shaped pieces of roughly-hammered native copper,
respectively G, S, and 10 inches in length, with some small holes along
the convex margin ; also a number of elongate copper beads, made by
rolling together thin sheets, and a chert lance-head 11 inches long;
the latter was placed near the left thigh. Around the neck were the
remains of a necklace of bears' teeth. Lying across the thighs were
dozens of small copper beads, evidently formed by rolling slender wire-
like strips into small rings. The assistant who opened this mound,
and who is personally well acquainted with Indian habits and customs,
suggests that these beads OTice formed the ornamentation of the fringe
of a hunting shirt.
As No. 4 of this group presents some peculiarities, I take the descrip-
tion from Colonel Norris's notes:
Daring a visit to this locality in 1857, he partially opened this mound,
finding masses of burned earth and charred human l)ones mingled with
charcoal and ashes. At his visit in 1882, on behalf of the Buieau, a
further examination revealed, on the lower side, the end of a double line
of flat stones set on edge, about a foot apart at the bottom and leaned
so as to meet at the top and form a roofshai)ed tine or drain. Following
this up, he found that it extended inward nearly on a level, almost to
the center of the mound, at which point it was nearly 3 feet below
the original surface of the ground. Here a skeleton was discovered
stretched horizontally in a vault or grave which Iiad been <lng in the
ground before the inound was cast up. Over that portion below the
waist (including the right arm) were placed flat stones so arranged as
to support one another and ])revent pressure on the bodj', but no traces
of lire were on them ; yet, when the upper portions of the body were
reached, they were found so burned and charre<l as to be scarcely trace-
able amid the cliarcoal and ashes that surrounded them.
It was apparent that a grave had first been dug, then the right arm
had been dislocated and placed by the side of the skeleton below the
waist, and this part covered with stones as described, and then the re-
mainder burned by a fire kindled over it.
A section of the mound showing the grave and stone drain is given
36
J5UKIA1, MOUNDS OF THE NORTHERN SECTIONS.
in Fig. 10, ill which 1 is the outline of the iiiouikI on the bill sloiie ; 2,
the pit; and 3, the stones of the drain.
No. 13 was found to contain a circle or enclosure, 10 feet in diameter,
of stone slabs set on edge at the natural surface of the ground. With-
in this circle, but some 'J feet below the surface, were five skeletons:
two adults, two children, and one infant. They were all lying hori-
zontally, side by side, with heads south, the adults at the outside and
the children between them.
We are reminded by the mode of burial in this case of that in the
mound opened by Dr. Laphain at Waukesha, ^^'isconsin, before referred
to. In that the remains of a single individual were discovei'ed, but in
this it would seem that the skeletons of an entire family, gathered
from their temporary resting places, had been carefully buried side by
side, a silent testimonial to jiarental love and affection of friends among
the moundbnilders.
FlCi. 10.— SectioTrol' inoiuul J, East nubuiiiio. Illii.ois.
Xo. 1, 0 feet higkaiul 4.5 feet in diameter, was found to be an ossuary.
Beneath the top layer was an arched stratum of chiy and ashes mixed,
.so tirm and hard as to retain its form unsupported over a space of
several feet. This covered a confused heap of human bones, many of
whicli were badly decayed.
The marked feature of the group was found in Xo. 10, a remarkably
symmetrical mound ()5 feet in diameter and 10 feet high. After pass-
ing downward C feet, mostly through a hard gray layer, a vault partly
of timber and partly of stone was reached. A vertical section of the
mound and \iiu\t is shown in Fig. 11, and the ground phin of the vault
in Fig. 12.
This vault or crypt was found to be rectangular in form, inside
measurements showing it to be 13 feet long and 7 feet wide, surrounded
by a sandstone wall 3 feet high. Three feet from each end was a cross-
wall or partition of like character, thus forming a main central chamber
7 feet square, and a narrow chamber or cell at each end something
over 2 feet wide and 7 feet long. The whole had been completely cov-
ered with a layer of logs from G to 12 inches in diameter, their ends
reaching slightlv bevond the side walls in the manner shown in Fig. 12.
^UREAO OF ETHNOLOiST
FIFTH ANNUAL REPORT FL. Ill
Vertical Section o7h dotted line uct .
GROUP OF VOUNOS AND VERTICAL SECTlG-N 0^
MOUNDS AT EAST DUBUQUE, ILLINOIS.
37
In the center cbainber were fouud eleven skeletons : six adults and live
children of differeut ages, including one infant, tbe latter e\idently
Iinried in the arms of one of the adults, possibly its mother. Ai)par-
ently they had all been buried at one time, arranged in a cucle, in a
squatting or sitting posture, against the walls. In the center of the
space around which they were grouped was a fine specimen of Ilusycon
percersiim, which had been converted into a drinking cup by removing
the columella. Here were also numerous fragments of pottery.
...rffisfSHliafe
'•»-'.
'%..
^■^f
i,emSt
ilSi
Fl(i. 11.— Sci-lioii i.r ii.iinnil J6 (I'l. HI) slinwiii',' v.iult.
'Mfl'
ri'^ 12.— Pliiu of v:iult, moiinil 16 (PI. III).
The end cells, walleil off from tiie main portion, as heretofore stated,
were found nearly tilled with a very line chocolate-colored dust, which
gave out such a sickeniug odor that tbe workmen were compelled to
stop operations for tbe day in order to allow it to escape.
The covering of the vault was of oak logs, most of which bad been
l)eeled and some of tbe larger ones somewhat s<iuared by slabbing oft'
the sides ; and the slabs and bark thus removed, together with reeds
or large grass stems, had been laid over them. Over tbe whole was
spread layer after layer of mortar containing lime, each succeeding
layer harder and thicker than that which preceded it, a foot or so of
ordinary soil completing the mound.
As there can be scarcely a doubt that tbe mounds of this group were
built by one tribe, we ba\e here additional evidence that the same
people were accustomed to bury their dead iu various ways. Some of
the skeletons are found lying horizontally side by side, others are
placed in a circle in a sitting or scjuatting posture, while in another
mound we find the dismembered bones heaped in a confused mass. In
one place is a single huge frame decked with the ornaments of savage
38
BURIAL MOUNDS OF THE NORTHERN SECTIONS.
life, while iu other jilaces ve see the members of a family lying side
by side, and in others the bones, ])0ssibly of the ordinary ])eople, heaped
together in a common ossuary.
The timber-c(jvered vanlt in mound No. Hi calls to mind very vividly
the similar vaults mentioned by Squier and Davis,' found iu the valley
of the Scioto in Oliio. In the latter the walls as well as the covering
were of logs, instead of stone, but the adaptation to circumstances
may, i)erhaps, form a sufficient explanation of this difference. While
there are several very marked distinctions between the Ohio works»
an;l tliose of the district now under consideration, there are also some
resemblances, as we sliall see as we proceed, which cannot bo over-
looked, and whicli seem to indicate relationship, contact, or intercourse
between the peojjle who were the authors of these difl'ereut structures.
In additional support of this view, I call attention to the carved
pipes found by )ncmbers of the Davenport Academy of Natural Sciences,
Fig. 13. — Pipe from Illiiiois mound.
( Aftrr Siiiitlisniiinii IlepoT t.)
Fir,. 14. — Pipe fiuiii Illinois mound, J.
(After Sniitli.soiii.Tn Report.)
Fig. 15. — Pipe from lUinoia mound, J.
(After Smithsonian Report.)
in the mounds near Daven|)ort, Iowa, already referred to, which are
represented on Tlates IV and XXXIV of Vol. I of the Proceedings
of that societv. and to others obtained bv Judsre J. G. Henderson
.\lnierit Mnlilll
1. hU.
THOMAS) MOUNDS NEAR NAPLES, ILLINOIS. 39
from some mouiul.s near ifaples, Illinois, and described iu the Smith-
souiau Eeport for 1882. Tbe latter are showu in Figs. 13, 14, and 15.
The relation of these to the pipes found iu the Ohio works bj" Squier
and Davis is too apparent to be attributed to accident, and forces us to
the conclusion that there was intercourse of some kind between the
two peoples, and hence that the works of the two localities are rela-
tively of the same age.
The mode of burial in one of the mounds near Naples is so sug-
gestive in'this connection that I quote here Judge Henderson's de-
scription :
TIio oviil iiioimd No. 1 was explored iu April, 1881, by beginuing a trench at tlio
uorth end and carrying it to the original surface and through to the south end.
Lateral trenches Tvere opened at intervals, and from these and the main one a coni-
lilete cx])loratioii was made by tunneling.
Near the center of the mound a single skeleton was found in a sitting position, aud
no objects were about it except a single sea-.shell resting on the earth J«.st over the head,
aud a number of the bono awls, already described, stifling in the sand around the sl'cletoii.
The iudivi<lual had been seated upon the sand, these awls stuck around him iu a
circle 4 or li inches iu the sand, and the work of carrying dirt begun.
When the mouud had been elevated about 6 inches above the head the shell was
laid on and the work eoutinued.
The shell alluded to is a tine specimen of Busycon perrersum, with tlie
columella removed in order to form ti drinking cup.
The particular point to which I c;dl attention is this: In Tlate XI,
Part II of De Ery,' which is reproduced in the annexed Plate IV, is
represented a very small mound, on the top of which is a large shell,
aud about the base a circle of arrows sticking in the ground. The
artist, Le Moyne de Morgues, remarks, in reference to it, "Sometimes
the deceased king of this province is buried w ith great solemnity, and
his great cup from which he was accustomed to drink is iilaced ou a
tumulus with many arrows set about it." The tumulus iu this case is
evidently very small, and, as remarked by Dr. Brinton,' "scarcely rises
to the dignity of a mound." Yet it will correspond in size with what
the Naples mouud was when the shell was placed upou it; nevertheless
the latter, when comi)leted, formed tin oval tumulus 133 feet long, 98 feet
wide, and 10 feet high.
It is therefore quite i)robable that Le ]\Ioyue figures the mound at
the time it reached the point where the shell cup was to be deposited,
when, in till likelihood, certain ceremonies were to be observed and a
])ause iu the work occurred. "Whether this suggestion be correct or not,
the cut and the statement of Judge Ilendersou furnish some evidence
in regard to the presence of these articles in the mounds, and point to
the peoijlc by whom they were placed there.
Colonel Norris oi)ened a number of the ordinary smtiU burial mounds
found on the blufl's and higher grounds of Pike and Brown Counties,
' Brevis Narratio, Tab. XI.
''American Antiquarian, October, 1881, p. 14.
40
BUKIAL MOUNDS OK THE NORTHERN SECTIONS.
Illinois, wliicli were fomid to be eon.stnicted in the usual method of tbis
distiict; tiiat is, witli a layer of hard, inortarlike substance, or clay
and ashes mixed, covering the skeletons. The i)ositions of the skele-
tons varied, as we have seen is the ease in other localities. The mim-
'■■■m
^'%%,^_ g^
Q'^0%^
) #
t
ber of intrusive burials was unusually large here. In a number of
cases where there were intrusive burials uear the surface, no bones, or
but the slightest fragments of the bones of the original burial, could be
found, although there were sure indications that the mounds were built
TuoMAh.) THE WELCH MOUNDS, BROWN COUNTY, ILLINOIS.
41
and bad appsireiitly been used for this purpose. These niouuds also
present evidence of the intrusion of au element from one peojile into
the country of another. On the farm of Mr. Edward Welcli, Brown
County, Illinois, is the group of mounds shown in Fig'. 16. This con-
sists of conical and pyramidal mounds,
and the small earthen rings designated
house sites. The form of the larger
mounds is shown in Fig. 17. Although
standing on a bluff some 200 feet above
the river bottom, it is evident at the first
glance that these works belong to the
southern type and were built by tlie people
who erected those of the Cahokia group or
farther south. No opportunity was allowed
to investigate the burial mounds or house
sites, but slight explorations made in the
larger mounds sutliced to reveal the fire-
beds so common in southern mounds, thus
confirming the impi-ession given by their
form. It is probable tluit tliese mark the
l)oint of the extreme northern extension of
the southern mound-building tribes. A
colony, probably from the numerous and
strong tribe located on ('ahokia ('reek i
around the giant Monk's mound, ])us]ied
its way thus far and Ibrmed a settlement,
but, after contending for a time with tiie
hostile tribes which pressed ujton it from "
the north, was compelled to return towards
the south.
Passing to the northeastern portion of
Missouri, which, as heretofore stated, we
include in the North Mississippi or Illinois
district, we find a material change in the
character of the burial mounds, so marked,
iu fact, that it is very doubtful whether
they should he embraced in the district
named. Although ditt'ering in minor par-
ticulars, the custom of inclosing the re-
mains of the dead in some kind of a recep-
tacle of stone, over which was heaped the
I'artli forming the mound, ajjpears to have
prevailed very generally.
The region has been but jiartially explored, yet it is probable the fol-
lowing examples will furnish illustrations of most of the types to be
found in it.
42 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
From au article by Messrs. Ilanly ami Scbeetz in the Smithsonian
Keport for 1881,' we learu the following ])articulars regarding the
burial mounds of Balls County :
Oc'casioually an isolated one is found, but almost invariably they are
in groups of three to ten or more. They are usually placed along the crest
of a ridge, but when in the bottoms or on a level bluif they are in direct
lines or gentle curves. They are very numerous, being found in almost
every bottom and on nearly every bluff. They are usually circular and
from 2 to 12 feet high, and are composed wholly of earth, wholly of
stone, or of the two combined. "Where stone was used the plan seems to
have been first to pave the natural surface with flat stones, in one or
two thicknesses, for a foundation. In one case tlie stones were thrown
together indiscriminately. Human remains are almost invariably found
in them. The bones are generally very much decayed, though each bone
is found almost entire except those of tlie head. This seems to have
always rested on a stone, and to have been covered by one or more
stones, so that it is always found in a crushed condition. In rare in-
stances stone imi)lements, i)ipes, etc., are found in the mounds. There-
mains found in tumuli wholly of stone are much more decayed than in
those of mixed material.
One opened by the writers of the article is described by them as fol-
lows:
Ou the south side of itthebed stone had been foriiicd iuto a shallow trough. Ou re-
moving the flat stoues wLich covered this, and which showed no action of fire, ■we
found a bed of charcoal several inches thick, both animal and vegetable, and the
limestone which composed it was burned completely through. Some fragments of a
human femur were found in a calcined state. There were no indications of lire else-
where in the monnd, but there were the partial remains of several skeletons, lying in
two layers, with stone and earth between them.
In another, examined by them, fragments of human bones were found
so near the surface as to be reached by the plow ; but deeper, on the
north sides, were single skeletons laid at length east and west, and be-
tween them a mass of bones confused as though thrown in indiscrimi-
nately. The diameter of this mound was about 30 feet, height 2i feet.
In section 24, township .55, range 7, is a small hill, known as " Wilson's
Knob." Its crest, which is about 120 feet long, is completely covered
with stone to the depth of several feet, the pile being about 20 feet
wide. Examination brought to light the fact that this was originally a
row of stone mounds or burial vaults, nine in number, circular in form,
each from eight to nine feet in diameter (inner measure), and contig-
uous to one another. Judging from appearances it would seem that
each had been of a conical or domelike form. They were comjiosed
wholly of stone, and the retnains found in them were almost wholly de-
composed.
On another ridge the same parties found another row with four stone
mounds similar to those described, excei)t that the cists were square
1 Pages 533-6.
MOUNDS OF CLAKKK COUNTY, MISSOURI.
43
instead of circular, the sides of tbe latter being equal to the diameter of
the former. In these only small fragments of bone could be found.
Although ]\Iessrs. Elardy and Scheetz evidently considered these stone
structures as receptacles for the dead, and as erected for this purpose,
yet it is possible they may have been intended for some other use.
The mounds of Pike
County are chiefly of mixed
material similar to those
mentioned,' though some
of them contain rectangu-
lar stone vaults. One of
these vaults, measuring -t
bj" 5 feet, was found to con-
tain the remains of eight
skeletons. Another, a reg-
ular box-shaped cist of stone
slabs, contained nothing
save a few cranial bones
very much decayed. An-
other of large size contained
human remains with which
were some arrow-heads, a
vessel of clay, and a carved
steatite pipe, having upon
its front a figurehead.
I have given these i)ar-
ticulars in order to show
how closely they agree with
the discoveries made by the
Bureau assistant in this
region, from whose notes I
take the following descrip-
tion:
Between Fox liiver and
Sugar Creek, in Clarke
County, a sharp dividing
ridge about 100 feet high
extends in a northerly di-
rection for nearly two miles
from where these streams
enter upon the open bottom
of the Mississippi. Scat-
tered irregularly along the
crest of this ridge is a line
of circular mounds shown
Fii
to 50 feet in diameter and from
. 18. These range in size from 15
to C feet high, and are circular ia
' Siiiithsouiati Report I81SI, p. 5:;7.
41 liUKIAL MOUNDS OK THE NORTHERN SECTIONS.
form. Ill No. 3,' diameter 35 feet and height 5 feet, situated in the cen-
tral i)ortion, was found a stone coffin or cist 7 feet long and 2 feet wide,
formed of slabs of sandstone in the usual manner. This was covered
first with similar slabs and then the whole incased in a layer of rougher
stones. Over this was a layer of hard earth, which was evidently in a
plastic state when placed there, as it had run into and filled up the in-
terstices. Above this was a foot or more of yellowish earth, similar to
that forming the ridge. In the coffin was the skeleton of an adult, ly-
ing horizontally on the back, but too far gone to decay to admit of re-
moval. No specimens of art of any kind were found with it.
No. 4, a trifle smaller than No. 3, was opened by running a trench
from the eastern margin. For a distance of 15 or 16 feet nothing was
encountered except the earth, with which it appeared to be covered to
the depth of 2 feet. Here was found a layer of rough stones covering a
mass of charcoal and ashes with bones intermixed. In fact the indica-
tions leave the impression that one or more persons (or their bones) had
been burned in a fire on the natural surface of the earth near the cen-
ter of the mound, the coals and brands of which were then covered
with rough stones thrown in, without any system, to the depth of 3 feet,
over a space 10 or 12 feet in diameter, and then covered with earth.
Only fragments of charred human bones, pieces of rude pottery, and
stone chips were found commingled with the charcoal and ashes.
Another group on the farm of Mr. J. N. Boulware, near the line be-
tween Clarke and Lewis counties, was examined by the same party.
This group, which is situated on a bench or terrace from 20 to 40 feet
above the Mississippi bottoms, consists of some 55 or GO ordinary circu-
lar mounds of comparatively small size.
In oue of these, 45 feet in diameter and 5 feet high, were found, near
the top, the fragments of a human skeleton much decayed, and broken
pottery, encircled by a row of flat stones set up edgewise and covered
with others of a similar character. Below these was a layer of very
hard light-colored earth, mixed throughout with fragments of charred
human bones and pottery, charcoal and stone chips.
Another, about 60 feet in diameter, was found to consist (except the
top layer of soil, about 1 foot thick) of hard, dried "mortar" (apparently
clay and ashes mixed), in which fragments of charred human bones,
small rounded pieces of pottery, and stone scrapers were mingled with
charcoal and ashes.
"As all the mounds opened here," remarks the assistant, "presented
this somewhat singular feature, I made a very careful examination of
this mortar-like substance. I found that there were dift'erences be-
tween different portions of the same mound sufficiently marked to trace
the separate masses. This would indicate that the mounds were built
by successive deposits of mortar thus mixed with charred bones, and
not in strata but in masses."
' Counting from tbc soutlici n end of llie line.
THE OHIO DISTRICT.
This, as before stated, includes OLId, a portiou of eastern Indiana,
and the western part of West Virginia.
As only verj' limited explorations have been made in the Ohio portion
of this district by the Uiireau of Ethnology, I will content myself with
a brief allusion to the observations of others.
The descriptions given by Squier and Davis of the few burial mounds
they explored are too well known to i-equire repeating here. Their
conclusion in regard to them, which has already been alluded to, is
stated in general terms as follows :
Moiiuds of tliis class arc very nnincroiis. They are generally of coiisi<leral)le size,
varying from (J to 80 feet in height, hnt having an .average altitnde of from 15 to 20
or '2,5 feet. They staml witliont the walls pf enclosnres at a distance more or leas re-
mote from them.
Many are isolated, with no other monuments near them; hut they frequently occur
in groups, sometimes in close connection with each other, and exhibiting a depend-
ence which was not without its moaning. They are destitute of altars, nor do they
possess the regularity which characterizes the "temple mounds." The usual form is
that of a simple eoue ; sometimes they are elliptical or pear-shaped. These mounds
invariably cover a skeleton (in very rare instances more than one, as in the ea.se of
tlie Grave Creek moviud), which at the time, of interment was enveloped in bark or
coarse matting, or inclosed in a rude sarcophagus of timber, the traces and in some
instances the very casts of which remain. Occasionally the chamber of the dead is
built of .stone, rudely laid up, without cement of any kind. Burial by fire seems to
have been frequently practiced by the mound-builders. Urn burial also appears to
have prevailed to a considerable extent in the Southern States. With the skeletons
in these mounds are found various remains of art, comprising ornaments, utensils,
and weapons.'
For the purpose of conveying to the mind a clear idea of the char-
acter of these mounds, I give here a copy of their figure of one of them
(Fig. 19), and also of the wooden vault found in it (Fig. 20). This
monnd, as was the case with most of the burial mounds opened by them,
although comparatively large, is without any distinct stratification.
In some cases (see Ancient Monuments, Figs. 52 and 53, p. 164) a
layer of bark was first spread ou the natural surface of tlie ground
after it bad been cleared, leveled, and packed ; on this the body was
laid at full length. It was then covered with another layer of bark and
the mound was heaped over this.
'Ancient Monuments, p. 161. It may be remarked hero that the statement that
"urn burial appears to have i)revailed to a considerable extent in the Sou'hern
States" cannot lie sustained by facts.
45
46
BURIAL MOUNDS OF THE NORTHERN SECTIONS.
Altliougli no mounds containing stone sepulchers fell under their
notice during tlieir explorations, tbey obtained satisfactory evidence
that one within the limits of Chillicothe had been removed, in which a
stone cottiu, " corresponding very nearly with the JHsti-aen of English
antiquarians '' was discovered.
Fir,. ]9. — Ohio burial mound (after Squier and Pavis),
Fig. 20. — Wooden vault (atU'i- Squier and Davis).
Some rather singular burial mounds have been described as found in
different parts of this State, but unfortunately the descriptions are
based largely on memory and secondhand statements and hence do not
have that stamj) of accuracy and authenticity that is desirable. For
example, a large stone mound, which formerly stood a short distance
from Newark, is described ' as conical iu form, IS.*^ feet in diameter, and
from 40 to 50 feet high, composed of stones in their natural shape.
This, upon removal, was found to cover some fifteen or sixteen small
earth mounds. In one of these were found human bones and river
shells. In another was encountered a layer of hard white fire clay.
Two or three feet below this was a wooden trough. This was overlaid
by small logs of wood to serve as a cover, and in it was found a skeleton,
around which appeared the impression of a coarse cloth. With it were
fifteen copper rings and a " breastplate " of the same metal. The wood
of the trough and covering was in a good state of preservation. The
clay which covered it was impervious both to air and water. The logs
' Smithsonian Report 186G, p. 3.")9.
THOMAS.) BURIAL MOUNDS 01-^ SOUTHERN OHIO. 47
which overlaid the wooden sarcophagus " were so well preserved that
the ends showed the axe marks, and the steepness of the kerf seemed
to indicate that some instrument sharper than the stone axe found
throughout the West liad been employed to cut them."
" In another of these mounds a large number of human bones, but no
other relics worthy of note, were found-"^
In a mound situated in Clear Creek Township, Ashland County, a
stone coffin or cist was discovered, constructed of flat stones set up
edgewise. It contained six or eight skeletons, "neatly cleaned and
packed, in a good state of preservation."^
A statement worthy of notice in this connection is made by Mr. H.
B. Case in the Smithsonian Eeport for 1881." The Delaware Indians
formerly had a \illage in the northern part of Green Township, Ash-
land County, which was still occupied by them when the white settlers
reached there in 1809. An examination of their graves in 1S7G brought
to light the fact that in some cases the dead were buried in stone ci.sts ;
in others small, round, drift bowlders were placed around the skeletons.
One of the most satisfactory and most important accounts of Ohio
burial mounds will be found in a "Eeport of Explorations of Mounds
in Southern Ohio," by Prof. E. 15. Andrews, ])ublished in the Tenth
Annual lieport of the Peabody Museum. Speaking of the George Con-
uet mound, in Athens County, he says :
This is a low mouiul about 6 feet liij;li with a bro.ad base perliaps 40 feet in diame-
ter. It has for years been plowed over and its original heiglit has been considerably
reduced. My attention was drawn to this mound by the burnt clay on its top. A
trench 5 feet wide was dug through the center. On the east side much burnt yellow
clay was found, while on the west end of the trench considerable black earth ap-
peared, which I took to be kitchen refuse.
About 5 feet below the top we came upon large quantities of ehiircoal, especially on
the western side. Underneath the charcoal was found a skeleton with the head to
the east. The body had evidently been enclosed in some wooden structure. First
there was a platform of wood placed upon the ground, on the original level of the
plain. On this wooden lloor timbers or logs were placed longitudinally, ;and over
these timbers there were laid other j)ieces of wood, forming an enclo,sed box or eoftin.
A part 01 this wood was only charred, the rest was burnt to ashes. The middle part
of the body was in the hottest tire and man.'t of the vcrtebne, ribs, and other bones
were burnt to a black cinder, and at this point the enclosing timbers were burnt to
ashes. The timbers enclosing the lower extremities were only charred.
I am led to think that before any tire was kindled a layer of dirt was thrown over
the wooden stracture, making a sort of burial. On this dirt a fire was built, but by
some misplacement of the dirt the fire reached the timbers below, and at such i)uints
as the air could penetrate there was an active combustion, but at others, where the
dirt still remained, there was only a smothered fire, like that in a charcoal pit. It is
difficult to explain the existence of the charred timbei's in any other way. There
must have been other tires than that immediately around and above the body, and
many of them, because on one side of the mound the clay is burned even to the top of
the mound. In one place, 3 feet above the body, the clay is vitrified.
' See, also, Smithsonian Report 1881, p. 596.
-Smithonian Report 1877, p. 2(34.
•i Page 598.
48 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
It is possible tliat fires were Ijuilt at diftV-rent levels, open tires, and that most of
the ashes were blown away by the winds whieh often sweep over the plain. I have
stated that there was first laid down a sort of fioor of wood, on which the body was
placed. On the same floor were placed abont .">0O copper beads, forming a line almost
around the body.
In addition to these copper beads a munber of shell beads, and also
a hollow copper implement in the shape of a caulker's chisel, were found.
The copper implement and beads were made of thin sheet-copper wbich,
Professor Andrews says, had been "hammered out into so smooth and
even a sheet tbat no traces of the hammer were visible. It would be
taken indeed for rolled sheet copper." Some of the bones were pretty
well preserved.
The i)rofessor closes his description with the remark: "The skeleton
undoubtedly belonged to a veritable mound-builder." In this he is
certainly correct, as the mode of burial in this case agrees so exactly
with that observed by Squier and Davis in the larger mounds opened
by them as to leave no doubt that both are to be attributed to one peo-
ple, although the mound described by Professor Andrews is probably
of much more recent date than those mentioned by Squier and Davis.
What explanation shall we give of the presence in this work of thin
sheet-copper " hammered out into so smooth and even a sheet that no
traces of the hammer were visible," and that " would be taken for rolled
copper"?
The simple and most natural explanation would be that it was derived
from European traders and early adventurers ; and such, lam disposed
to believe, is the correct one. The distinction between the sheets aiul
ornaments hammered from native copper with the rude implements of
the aborigines, and many specimens made of this smooth sheet copper
found in mounds, is too apparent to be overlooked. But of this more
hereafter, as I shall have occasion again to refer to the subject.
In another mound, 8 or 9 feet high, in the same county, he found near
the top a considerable bed of kitchen refuse ; at the bottom, on the
original surface, ashes and burnt human bones. "These bones," he
remarks, " had evidently been burned before burial, and had been gath-
ered in miscellaneous confusion and placed in a narrow space 5 or G
inches wide and from 2 to 3 feet long. The ashes were doubtless
brought with them, at least there appeared to be no evidences of a
local tire in the reddening or hardening of the clay or in remnants of
charcoal."
As bearing upon a suggestion made by Colonel Norris, and previously
referred to,^ in regard to the probable use of copper beads found across
the limbs of a skeleton, I call attention to another statement of Pro-
fessor Andrews. Speaking of the School house mound he says :
At a point near the northwestern corner of the school-house and perliaps 15 feet
from the center of the nronnd, there was plowed up, in extremely hard and dry dirt,
' Page 35.
THOMAS] MOUNDS NEAR MADISONVILLE, OHIO. 49
a large pieee of what I suppose to have hecu au oiDameuted dress. It was covered
with copper lieads, which were strung on a buckskin string and placed on four Layers
of the same skin. It was found 8 feet bcluw the original surface of the mound and
in extremely hard, dry dirt which had never been disturbed.
From the figure and the de.scrii)tioii we can have but little doubt that
this was a buckskin hunting-shirt, which gives support to Colonel Nor-
ris's suggestion.
Recently some interesting burial mounds near Madisonville have been
carefully explored by Dr. (J. L. Metz in the interest of the I'eabody
Mu.seum. Only partial notices of these explorations, which are not yet
completed, have been published, but we deem these of sufficient imiior-
tauce in this connection to ijuote freely from them,' so far as they serve
to illustrate the modes of burial and construction of burial mounds of
this region.
S|)eaking of one of the mounds of a group situated in Anderson
Township, Professor Putnam remarks :
Mound 21 of Group U was about 4 feet high and 50 in diameter. It proved to
be made entirely of the sandy loam of the immediate vicinity. The remains of five
skeletons were discovered at diH'erent points in the lower portion of the mound. The
bones were nearly all reduced to dust, and only a fragment here and (here could be
saved. There was not a single relic found with the skeletons, and a few flint chips
and a broken arrow-head were the only artificial objects found in the earth compos-
ing the mouud. The condition of the bones showed considerable antiquity, but their
advanced decay and friability were ]irobably largely due to the character of the soil
in which they were enclosed. The p<isition of the skeletons rather goes to .show that
the several bodies were buried at ditVerent times, and that the mouud was gradually
constructed as the burials took place. For the present we are inclined to consider
this niounil, with some others in the valley, as a place of se|iulchcr by tribes of a
more recent time than the builders of the earthworks of the Turner group.
Mound No. 22 jiroved to be of a nu>re interesting character than the last. This
mouud was 14 feet high and about 100 in diameter. It was composed of pure clay,
except in the central portion. Five feet from the top there \\as found a hard mass
of burnt earth and ashes, 7 feet deep and a little over 9 feet in width and length.
Resting on top of this, about in the center, and covered in part by the overlying clay,
lay a large stone celt. A foot below this, in the burnt material, was a stone imple-
uunit perforated at its upper end. Below this, at points several feet apart, in the burnt
mass, were three holes or ])ockets, each of which contained the remains of portions
of human skeletons, surrounded by a thin layer of clay. Near the bones in the lowest
pocket were three spear-heads or chipped points. A few potsherds aud several Hint
chips were found throughout the burnt mass. Under it was a circular bed of black
soil and ashes, 13 inches thick in the center aud 14 feet in diameter, beneath which
Avas a layer of fine sand and gravel, 3 inches thick, which corered another circular
bed of black soil aud ashes, 14 inches thick in the center and lo feet in diameter. Di-
rectly under the center of this lower layer was a pit 4 feet deep and 10 feet 4 inches
long, 4 feet wide at the ends aud 3 feet 5 inches wide at the center. This pit probably
had contained a wooden structure, as its sides showed rough striations, as if large
logs had once rested against them. The pit had beeu dug in the drift gravel upon
which the mound was built, and was nearly filled with .soft, spongy ashes mixed with
a reddish substance. Extended at full length at the bottom of the pit was a human
skeleton, with the head to the west. Among the boues of the neck a single shell bead
' See 17th Report Peabody Museum, pp. 339-347.
5 ETH — 4
50 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
was found; at the feet were ten stones or small l)Owlders, such as arc common in the
drift gravel. It is evident that this interesting tumulus was erected over the grave
which was dug iu the underlying gravel, and that the human hones placed in the
burnt mass above the grave, with the few stone implements found in or on the mass,
had some connection with the funeral ceremonies which took place in connection with
the burial of the body in the pit below. The regularity of the deposits over the pit,
which was under the center of the mound, seems to be sufficient proof of this.
Another mound, nearer the river, situated on an elevated portion of
bottom land, wa.s found to differ in construction from any of tlie otbers
explored in tbis vicinity. Tlii.s is descrilied as follows: '
According to Mr. William Edwards, sixty years ago it was about 9 feet high, and
covered by a heavy forest growth, which also extended over the region about. Over
fifty years ago the land was cleared and the mound scraped down by Mr. Edwards, who,
after removing about 4 feet of earth from its summit, came to a large quantity of stones,
with which were many human bones. Since that time the mound has been plowed
over and stones have been taken from it until it has been so nearly leveled as hardly
to be noticed. Thus only the base of the nujund could be explored; but that has
proved of great interest in connection with the other works of the valley. On remov-
ing the earth around the base it was found tliat stones, many of considerable size,
had been so arranged as to form a mound about .^ feet high in the center and 90 feet
in diameter, over wliieli the earth liad been placed to the height of about 4 feet, as
stated by Mr. Edwards. In height about one-half of the stone portion of the mound
was undisturbed. On removing the outer covering of .stones it was found tliat many
burials, probably at least one hundred, had been made iu the mound. The remains
of seventy-one skeletons were obtained. These skeletons were all more or less crushed
by the stones which surrounded them, as, in addition to the outer stones of the mound,
each body had been surrounded with stones at the time of its burial. In many in-
stances large slabs of limestone liad been need, and in a few ea.ses they were set on
edge around the body. In other eases small stones had been ]iiled around and over
the bodies, which had been placed in various positions, some extended and otbers Hexed
in various ways. With many of the skeletons were stone implements and ornaments,
among which were several of the Hat stones with two or more perforations, generally
known as gorgets. There were also many bone implements, shell and bone orna-
ments, and Qut teeth of bears. Several small copper awls in bone handles, and the
shells of box-turtles, were also found with the skeletons. Many fragments of pottery
and brokeu bones of animals were scattered through the mass of stones and human
bones. At the feet of the skeleton, in the center of the mound, there was an upright
slab of limestone 2 feet long by 20 inches wide, and with this skeleton were tlie fol-
lowing objects: Resting on the chest was a large ornament made from the apex of a
conch shell, with a hole at one edge for suspension ; below this, on tl»e ribs, was a
spear-.shaped gorget, with one hole, and by its side were .several shell ornaments, also
perforated. Lying ne.ar the right femur and parallel with it was a carved bone,
grooved on the under side and having two holes ; between this and the leg bone were
four small pieces of carved bone about an inch in lengtli. In the Ijones of the right
hand was a small awl made of native copper and inserted in a little round handle
made of bone, similar to others found with other skeletons in the mound. At the
south side of the mound, on the original surface, was a burnt space, on which was a
large quantity, several bushels, of brokeu bones of animals, clam shells, and fragments
of pottery mixed with ashes. This mass seems to have existed before the mound was
made, or at all events completed, as five of the burials had taken place above it. On
file plain about the mound are evidences of the site of a former village, and the annual
plowing Ijrings to light many animal remains, fragments of pottery, and stone imple-
' 17th Report Peabody Museum, pp. 342-343.
THOMAb.1 MOUNDS OF THE KANAWHA VALLEY. 61
ments of the same character as those from the inouiul. From this fact, and from the
character of the burials in the mound, as well as that of tlie objects found with the
skeletiuis, and from the al)seuce of the characteristic ornaments fonnd with so many of
the human remains ni the Turner group and other ancient mounds of the Ohio Valley,
we are led to look upon this stone monnd as the burial place of a tribe of Indians living
in the region subsenueut to the builders of the Turner mounds. The remains found
in this stone mound, as a whole, indicate that the people here buried were closely con-
nected with those who made the singular ash-pits in the ancient cemetery near Madi-
son ville.'
Passing into West Virginia we notice first tbe celebrated Grave
Creek mound. This has been described and figured so often that it i.s
unnecessary for me to do more tlian call attention to certain particu-
lars iu regard to it to which I may desire liereafter to refer by way of
comparison. It is in the form of a regular cone, about 70 feet high and
nearly 300 feet in diameter at the base. A .shaft sunk from the apex to
the base disclosed two wooden vaults, the first about half way down
and the other at the bottom. Iu the first or upper one was a single
skeleton, decorated with a profusion of shell beads, copper bracelets,
and plates of mica. The lower vault, which was partly in an excava
tion made in the natural ground, was found to be rectangular, 12 by 8
feet and 7 feet high. Along each side and across the ends upright
timbers had been placed, which supported other timbers tiirown across
the vault as a covering. These were covered with a layer of rough
stones. In this vault were two human skeletons, one of which had no
ornaments, while the other was surrounded with hundreds of shell beads.
In attempting to enlarge this vault the workmen discovered around it
ten other skeletons. While carrying the horizontal tunnel, several
masses of charcoal and burnt bones were encountered after a distance
of V2 or 15 feet had been reached.
Before making any comments ou the construction of this noted work
and the mode of burial in it, I will present some facts recently brought
to light iu regard to the burial mounds of the Kanawha Valley by the
assistants of the Bureau.
A large mound situated on the farm of Col. B. H. Smith, near Charles-
ton, is conical in form, about 175 feet iu diameter at tlie base and 35
feet high. It appears to be double; that is to say, it consists of two
mounds, one built ou the other, the lower or original one 20 feet and
the upper 15 feet high.
The exploration was made by sinking a shaft. 12 feet square at the
top and narrowing gradually to G feet square at the bottom, down
through the center of the structure to the original surface of the grouud
and a shortdistauce below it. After removing a slight covering of earth,
an irregular mass of large, rough, flat sandstones, evidently brought
from the bluffs half a mile distant, was encountered. Some of these
sandstones were a good load for two ordinary men.
The removid of a wagou load or so of these stones brought to light a
' 17th Report Peabody Museum, p. 344.
52 HURIAL MOUNDS OF THK NORTHERN SECTIONS.
stone vault 7 feet loug and 4 feet deep, in the bottom of whicb was found
a large and much decayed human skeleton, but wanting the head,
which the most careful examination failed to discover. A single rough
spear head was the only accompanying article found in this vault.
At the depth of 6 feet, in earth similar to that around the base of
the mound, was found a second skeleton, also much decayed, of an
adult of ordinary size. At 9 feet a third skeleton was encountered, in
a mass of loose, dry earth, surrounded by the remains of a bark coflin.
This was in a much better state of preservation than the other two.
The skull, which was preserved, is of the compressed or "tlat-head" type.
For some 3 or 4 feet below this the earth was found to be mixed with
ashes. At this depth in his downward i)rogress Colonel Xorris began
to encounter the remains of what further excavation showed to have
been a timber vault, about 113 feet scpiare and 7 or 8 feet high. From
the condition in which the remains of the cover were found, he concludes
that this must have been roof-shaped, and, having become decayed, was
crushed in by the weight of the addition made to the mound. Some of
the walnut timbers of this vault were as much as 12 inches in diameter.
In this vault were found five skeletons, one lying prostrate on the floor
at the depth of 10 feet from the top of the mound, and four others, which,
from the positions in which they were found, were supposed to have
been placed standing in the four corners. The first of these was dis-
covered at the depth of 14 feet, amid a commingled mass of earth and
decaying bark and timbers, nearly erect, leaning against the wall, and
surrounded by the remains of a bark coffin. All the bones except those
of the left forearm were too far decayed to be saved ; these were ])re-
served by two heavy copi)er bracelets which yet surrounded them.
The skeleton found lying in the middle of the fioor of the \ault was
of unusually large size, " measuring 7 feet 0 inches in length and 19
Fig. 21.— Copper gorget from mound, Kanawlia Couut.v, West Virginia.
inches between the shoulder sockets." It had also been inclosed in a
wrapping or coflin of bark, remains of which were still distinctly visible.
It lay upon the back, head east, legs together, and arms by the sides.
There were six heavy bracelets on each wrist ; four others were found
under the head, which, together with a si)ear-point of black flint, were
incased in a mass of mortar-like substance, which had evidently been
wrapped in some textile fabric. On the breast was a copper gorget (Fig.
MOUNDS OF THE KANAWHA VALLEY.
53
21). In each band were three spear-heads of black flint, and other.s
were about the head, knees, and feet. Near the right hand were two
hematite celts, and on the shoulder were three large and thick plates of
mica. About the shoulders, waist, and thighs were nuuierous minute
perforated shells and shell beads.
While filling in the excavation, the pipe represented iu Fig. 22 was
Fir,.
■ V\]if friiMi iiioiinil, Kaniiwha County, West Virginia.
found in the dirt which had been removed from it. This pipe has been
carved out ofgraj' steatite and highly ])olislied. It is worthy of note
that it is precisely of the form described by Adair as made by the
Cherokees, and also that it approaches very near to au Ohio type
(Fig. 23).
Fio, 23.— Pipe friitii mound, liutler County, Obio.
Another mound of rather large size, iu the same locality, was opened
by the Bureau assistant.
In order that all the fiicts bearing on its uses may be understood it
is necessary to notice its immediate surroundings.
Plate V is a map showing the ancient works in the valley of
the Kanawha, from 3 to 5 miles below Charleston, and Plate VI is
an enlarged plat of the area embracing those numbered I, II and 1, 3, and
4 on the map. As will be seen by an inspection of the latter plate, the
works included are two circular enclosures, 1 and 2 ; one excavation ; one
included mound, 2; three mounds, 3, 1, and 4, outside of the enclosures;
and a graded way. As our attention at present is directed only to
the large mound, 1, it is unnecessary to notice the other works further
than to add that each enclosure is about 220 feet iu diameter, and con-
sists of a circular wall and au inside ditch. The excavation is nearly
circular and about 140 feet in diameter. The large mouud is conical in
form, 173 feet in diameter, and 33 feet high. It is slightly truncated,
the top having been leveled oil' some forty years ago for the purpose
54 BUEIAL MOUNDS OF THE NORTHERN SECtlONS.
of building a judge's stand in connection witli a race-course tliat was
laid out around the mound.
A shaft 12 feet square at the top and narrowing downward was sunk
to the base. At the depth of 4 feet, in a very hard bed of earth and
ashes mixed, were found two much decayed human skeletons, both
stretched horizontally on their backs, heads south, and near their heads
several stone implements. From this point until a depth of 24 feet was
reached the shaft passed through very hard earth of a light-gray color,
apparently clay and ashes mixed, iu which nothing of consequence was
found. When a depth of 24 feet was reached the material suddenly
changed to a mu(;h softer and darker earth, disclosing the casts and some
decayed fragments of timbers from 6 to 12 inches in diameter. Here
were found fragments of bark, ashes, and also numerous fragments
of animal bones, some of which had been split lengtliwise. At the
depth of 31 feet was a human skeleton, lying prostrate, head north,
which had evidently been enclosed in a cofifin or wrapping of elm bark.
In contact with the head was a thin sheet of hammered native copper.
By enlarging the base of tlie shaft until a space some 10 feet iu diameter
was opened, the character and the contents of the base of the mound
were more fully ascertained. Tliis brought to light the fact that the
builders, after having first smoothed, leveled, and packed the natural
surfiice, carefully spread upon the floor a layer of bark (chiefly elm), the
inner side up, and upon this a layer of fine white ashes, clear of char-
coal, to the depth, probably, of 5 or 6 inches, though pressed now to
little more than 1 inch. On this the bodies were laid and presumably
covered with 'bark.
The enlargement of the shaft also brought to view ten other skeletons,
all apparently adults, five on one side and five on tln^ other side of the
central skeleton, and, like it, extended horizontally, with their feet point-
ing toward the central one but not quite touching it. Like the first, they
ha 1 all been buried in bark coffins or wrappings. With each skeleton
on the east side was a fine, apparently unused lancehead about 3 inches
long, and by the right side of the northern one a fish-dart, three arrow-
heads, and some fragments of Unio shells and pottery. No implements
or ornaments were found with either of the five skeletons on the west side,
although careful searcK was made therefor. In addition to the copper
plate, a few shell beads and a large lance head were found with the cen-
tral skeleton. As there were a number of holes resembling post-holes,
about the base, which were tilled with rotten bark and decayed vegeta-
ble matter, I am inclined to believe there was a vault here similar to the
lower vault in the Grave Creek mound, in which the walls were of tim-
bers set up endwise in the ground. But it is proper to state that the
assistant who opened the mound is rather disposed to doubt the correct-
ness of this explanation.
Iu order to show the character of the smaller burial mounds of this
region, I give descriptious of a few opened by Colonel Norris.
FiFiH a:::;tal report pl. v
%r-
- Moun ds .
O^ ^53—
£nc7osvres - Solid Jjnes indicaie Ditches.
*;"'',','.;"""■','!!!!. . - Grade - M'c^s
'4'i>^ JlothnyJlach Neaps ,
THOMAS] MOUNDS OF THE KANAWHA VALLEY. 55
One 20 feet in diameter and 7 feet liigb, with a beecli tree 30 inches
in diameter growing on it, was opened by running a broad trench through
it. The material of which it was composed was yellow clay, evidently
from an excavation in the hillside near it. Stretched horizontally on
the natural surface of the ground, faces up and heads south, were sev^en
skeletons, six adults and one chiKl, all charred. They were covered
several inches thick with ashes, charcoal, and firebrands, evidently the
remains of a very heavy fire which must have been smothered before it
was fully burned out. Three coarse lanceheads were found among the
bones of the adults, and around the neck of the child three copper beads,
apparently of hammered native copper.
Another mound, 50 feet in diameter and 5 feet high, standing guard,
as it were, at the entrance of an inclosure, was oi)ened, revealing the
following particulars : The top was strewn with fragments of flat rocks,
most of which were marked with one or more small, artificial, cup shaped
depressions. Below these, to the depth of 2 or 3 feet, the hard yellow
clay was mixed throughout with similar stones, charcoal, ashes, stone
chips, and fragments of rude potterj-. Near the center and 3 feet from
the top of the mound were the much decayed I'emains of a human skele-
ton, lying on its back, in a very rude stone-slab coffin. Beneath this
were other flat stones, and under them charcoal, ashes, and baked earth,
covering the decayed bones of some three or four skeletons which lay
upon the original surface of the ground. So far as could be ascertained,
the skeletons in this mound lay with their heads toward the east. No
relics of any kind worthj- of notice were found with them.
Another mound of similar size, upon a dry terrace, was found to con-
sist chiefly of very hard clay, scattered through which were stone chips
and fragments of rude pottery. Near the natural surface of the ground
a layer of ashes and charcoal was encountered, in which were found
the remains of at least two skeletons.
A mound some 200 yards south of the inclosure, situated on a sIojjc
and measuring 50 feet in diameter and G feet in height, gave a some-
what diflerent result. It consisted wholly of very hard clay down to the
natural surface of the hill-slope. But further excavation revealed a
vault or pit in the original earth 8 feet long, 3 feet wide, and 3 feet deej)
at the upper end. In this was found a decayed skeleton, with the head
uj) hill or toward the north. Upon the breast was a sandstone gorget,
and upon it a leaf-shaped knife of black flint and a neatly polished hem-
atite celt. The bones of the right arm were found stretched out iit right
angles to the body, along a line of ashes. Upon the bones of the
open hand were three piles (five in each) of small leaf-shaped flint knives.
As the four small moundsjust mentioned pertain to theClifton groups,
in the Elk River Valley, we will call attention to one or two of the Charles-
ton group, for the purpose of aflbrding the reader the means of com-
parison.
Below the center of No. 7 (see Plate), sunk into the original earth,
was a vault about 8 feet long, 3 feet wide, and 3 feet deep. Lying ex-
56 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
tended on the back in the bottom of this, amid tlie rotten frag^ments of
a bark coffin, was a decayed Imiruin skeleton, fully 7 feet long, with
head west. No evidence of fire was to be seen, nor were any stone im-
plements discovered, but lying in a circle just above the hips were fifty
circular pieces of white perforated shell, each about 1 inch in diameter and
an eighth of an inch thick. The bones of the left arm layby the side of
the body, but those of the right arm, as in one of the mounds heretofore
mentioned, were stretched at right angles to the body, reaching out to
a small oven-shaped vault, the mortar or cement roof of which was still
unbroken. The capacity of this small circular vault was probably two
bushels, and the peculiar appearance of the dark-colored de])osit therein,
and other indi(\ations, led to the belief that it had been filled with corn
(maize) in tlie ear. The absence of weapons would indicate that the in-
dividual buried here was not a warrior, though a person of some impor-
tance.
Mound No. 23 of this group presents some i)eculiarities worthy of no-
tice. It is 312 feet in circumference at the base and 25 feet high, cov-
ered with a second growth of timber, some of the stumps of the former
growth yet remaining. It is unusually sharp and symmetrical. From
the top dowm the material was found to be a light-gray and apparently
mixed earth, so hard as to require the vigorous use of the pick to i)ene-
trate it. At the depth of 15 feet the explorers began to find the casts
and fragments of poles or round timbers less than a foot in diameter.
These casts and rotten remains of wood and bark increased in abun-
dance from this point until the original surface of the ground was
reached. By enlarging the lower end of the shaft to 14 feet in diameter
it was ascertained that this rotten wood and bark were the remains of
what had once been a circular or polygonal, timber-sided, and conical-
roofed vault. Many of the timbers of the sides and roof, being consid-
erably longer than necessary, had been allowed to extend beyond the
points of support often 8 or 10 feet, those on the sides beyond the cross-
ing and those of (he roof downward beyond the wall. Upon the fioor
and amid ihe remains of the timber were numerous human bones and
also two whole skeletons, the latter but slightly decayed, though badly
crushed by the weight pressing on them, but unaccompanied by an or-
nament or an implement of any kind. A further excavation of about 4
feet below the floor, or what was supposed to be the floor, of this vault,
and below the original surface of the ground, brought to light six cir-
cular, oven-shaped vaults, each about 3 feet in diameter and the same in
deiJth. As these six were so placed as to form a semicircle, it is pre-
sumed there are others under that portion of the mound not reached by
the excavation. All were filled with dry, dark dust or decayed sub-
stances, supposed to be the remains of Indian corn in the ear, as it was
similar to that heretofore mentioned. In the center of the circle indi-
cated by the jwsitions of these minor vaults, and the supposed center of
the base of the mound (the shaftnotbeingexactly central), and but 2 feet
below the floor of the main vault, and in a fine mortar or cement, were
TnoMAs.1 A SO-CALLED "ALTAR MOUND, WEST VIRGINIA.
57
foiinil two cavities resembling in form the bottle or gourd sliapeil ves-
sel so frequently met with in the mounds of southeastern iMissouri and
northeastern Arkansas. Unfortunately the further investigation of
this work was stopped at this stage of progress by cold weather.
In another mound of this group the burial was in a box-shaped stone
vault, not of sl.ibs in the usual method, but built up of rough, angular
stones.
Mound 31 of this grou]> seems to furnish a connecting link between
the West Virginia and the Ohio mounds. It is sharp in outline, has a
steep slope, and is flattened on the top ; is 318 feet iu circumference at
the base and about 25 feet liigh. It was opened by digging a shaft 10
feet in diameter from the center of the top to the base. After passing
tlirough the top layer of surface soil, some 2 feet thick, a layer of clay
and ashes 1 foot thick was encountered. Here, near the center of the
shaft, were two skeletons, lying horizontally, one immediately over the
other, the upper and larger one with the face down and the lower with
the face up. There were no indications of fire about them. Immedi-
ately over the heads were one celt and three lance-heads. At the
depth of 13 feet and a little north of the center of the mound were two
very large skeletons, iu a sitting posture, with their extended legs inter-
locked to the knees. Their arms were extended and tlieir hands slightly
elevated, as if together holding up a sandstone mortar which was be-
tween their faces. This stone is somewhat hemispherical, about 2 feet
in diameter across the top, which is hollowed in the shape of a shallow
basin or mortar. It had been subjected to the action of fire until
burned to a bright red. The cavity was tilled with white ashes, contain-
ing small fragments of bones burned to cinders. Immediately over
this, and of sufficient size to cover it, was a sl.ab of bluish-gray lime-
stone about 3 inches thick, which had small cup-shaped excavations on
the under side. This bore no marks of tire. Near the hands of the
eastern skeleton were a small hematite celt and a lance-head, and upon
the left wrist of the other two copper bracelets. At the depth of 25
feet, and on the natural surface, was found what in an Ohio mound
would have been designated au " altar." Tiiis was not thoroughly traced
throughout, but was about 12 feet long and over 8 feet wide, of the
form shown iu Fig. 24.
■^liii'"
aiiii.....^..
Fig. 24.— Mound with socalleil "altar." Kanawha County, West Virginia.
It consisted of a layer of well-prei)ared mortar, apparently clay,
slightly mixed with ashes. This was not more than 0 or 8 inches thick
in the center of the basin-shaped depression, where it was about 1 foot
58 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
lower tliau at the other margiu. It was burned to a brick red and cov-
ered with a compact layer of very Hue white ashes, scattered thickly,
through which were small water-worn bowlders, bearing evidences of
having undergone an intense beat. Mingled with this mass were a
few thoroughly charred human bones. The material of the shaft, after
the first 3 feet at the top, consisted almost wholly of finely packed ashes,
which appeared to have been deposited at intervals of considerable
length and not at one time.
It is evident from this description, which is abridged from the re-
])ort of the assistant, that we have here a true representation of the
so called "altars" of the Ohio mounds. But, contrary to the usual cu.s-
toni, as shown by an examination of the Ohio works, this mound ap
pears to have been used by the peoi)le who erected it as a burial jdace,
for the mode of construction and the material used for the body of it
forbid the supposition that the lower burial was by a different people
ironi those who formed the clay structure at the base.
It is proper tostate that around and near the inclosure (Xo. 7 of Plate
V) were a number of stone graves of the ordinary box shape, constructed
in the usual way, of stone slabs.
At this place was also discovered a pit or cache resembling tho.se
found at Madisonville, Ohio. A more thorough examination will proba-
bly bring to light others.
The descriptions of other burial mounds of this region, differing
slightly in minor details from those mentioned, might be presented, but
the foregoing will suffice to give the types and show the character of
the structures of this kind in this section. The details given will, I
think, satisfy any one that the authors of these structures were aLso
the authors of the Ohio works, or that they belonged to tribes so closely
related that we may justly consider them as one people.
I have been and am still disposed to connect the mound-builders of
the Kanawha valley with those of western North Carolina, but our ex-
plorations in the two sections have convinced me of their close rela-
tion to the people whose mysterious monuments dot the hills and valleys
of Ohio. That they were related in some way to the mound-builders of
North Carolina and East Tennessee is more than probable, but the key
to unlock this mystery, if it exists anywhere, is most likely to be found
in the history, traditions, and works of the Cherokees, and the traditions
relating to the Tallegwi.
As a result of my examination and discussion of the burial mounds
of Wisconsin, I reached the conclusion that they were built by the In-
dian tribes found inhabiting that section at the advent of the whites, or
by their ancestors. The data, of which but a comparatively small por-
tion is given, seem to justify this conclusion. But the case is somewhat
different in reference to the works of the Ohio district. Although the
data obtained here point with satisfactory certainty to the conclusion
that Indians were the authors of these works, it cannot be claimed that
BDREAO'OF ETHNOLOOY
TH AKNUAL EEPOBT PL. VI
„™„, Jiafe,
Kllll'IIIIIIIIIIUIIIIIIIIIIIUIIIlillilil
m/i/ii
ENLARGED PLAN OF PART OF THE WORKS SHGWM IN PL. V.
THOMAS] THE MYStEKY OF THE MOUNDS OF OHIO. 59
all or even the larger portiou of tbein were built by ludians inhabiting
the district when first visited by the whites, or by their ancestors.
Hence the mystery which ensliroads them is deeper and much more
ditHcult to penetrate than that which hangs about the antiquities of
some of the other districts; in fact, they present probably the most dif-
ficult problem for solution in this respect of any ancient works of our
country. That some of the burial mounds, graves, and other works are
to be attributed to Indians who entered this district after the Euro-
peans had planted colonies in Canada and along the Atlantic coast is
probably true, but that much the greater portion of the typical works
belong to a more distant period must be conceded. It is a singular fact
that in the latter half of the seventeenth century, when European ex-
l)lorers began to penetrate Into this region, what is now the State of
Ohio was uninhabited.
TIh^ Miami confederacy, inhabiting the sonthern shore of Lake Michigan, exteufled
southeasterly to the Wabasli. The Hlinois confederacy extended down the eastern
shore of the Mississippi to aliont where Memphis now stands. The Cherokees occu-
pied the slopes and valleys of the niountaius aliout the borders of what is now East
Tennessee, North Carolina, and Georgia. The great basin bounded north by Lake
Erie, the Mianiis, and the Illinois, west by the Mississippi, east by the Alleghanies,
and south by the headwaters of the streams that flow into the (fuU of Mexico, seems
to have been uninhabited except by bauds of Shawnees, and scarcely vibited except
by war parties of the Five Nations.'
With the exception of some slight notices of the Erie or Cat Nation
dwelling south of Lake Erie, the mere mention of the Tongarias {possibly
but another name for the Eries, with whom Coldeu identifies them), lo-
cated somewhere on the Ohio, and the tradition regarding the Tallegwi,
the only history which remains to us regarding this region previous to
the close of the seventeenth century, is to be gathered from the ancient
monuments which dot its surface. Even conjecture can find but few
pointers on this desert field to give direction to its fiight. But it does
not necessarily follow, because we are unable to determine the direction
in which the goal we are seeking lies, that we cannot tell some of the
directions in which it does not lie, and thus narrow the field of our in-
vestigation. I will therefore venture to oifer the following sugges-
tions:
As the evidence in regard to the antiquities of the northwestern, the
southern, and the Appalachian districts points so decidedly to the In-
dians as the authors, I think we may assume that the works of Ohio
are attributable to the same race. As they bear a strong resemblance
in several respects to the West Virginia and North Carolina works, and
as the geographical positions of the defensive works indicate pressure
from the north and north-west, we are perhaps justified in excluding
from consideration all tribes known to have had their i)rincipal seats
north of the Ohio in historic times, < xcept the Eries, which form an un-
certain and so far indeterminable factor in the problem.
' Early Notices of the Indians of Ohio, by M. F. Force, 1879, p. 3.
60 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
The data so far obtained seem to iiic to indicate the following as the
most promising lines of research : The possible identity or relation of
the Tallegwi and the Cherokees; the possibility of this region Iniving
been (lie ancient home of the Shawuees or their ancestors (though I
believe the testimony of the mounds is most decidedly against this and
the following supposition) ; and the theory that the builders of tiiese
works were driven southward and were merged into the Chahta-Mus-
cogee family.
Be our conclusion on this question what it may, one important result
of the explorations in this northern section of the United States is the
conviction that there was during the mound-building age a i>owerful
tribe or association of closely allied tribes occupying the valley of the
Ohio, whose chief seats were in the Kanawha, S(^ioto, and Little Miauii
Valleys. We might suppose that one strong tribe had occupied succes-
sively these various i)oints, yet the slight though persistent differences
in methods and customs indicated by the works seem to favor the other
view. Moreover, the data furnished by the burial mounds lead to the
conclusion that all the works of these localities are relatively contempo-
raneous. Not that those of either section are all of the same age, per-
haps by some two or three or possibly more centuries, but that those of
one section, as a whole, are relatively of the same age as those of the
other sections. Nevertheless a somewhat careful study of all the data
bearing on this subject leads me to the conclusion that the ('lierokees
are the modern representatives of the Tallegwi, and that most of the typ-
ical works of Ohio and West Virginia owe their origin to this people.
Tn each section there are some indications that the authors of these
works followed the custom of erecting burial mounds down to the time
the Europeans appeared on the continent. These evidences have not
been given here, as it is not my intention to discuss them in this ]>aper.
In Ohio there are undoubted evidences of one, if not two, waves of
population subsequent to the occupancy of that region by the buiklers of
the chief works. But these were of comparatively short duration, and
were evidently Indian hordes pressed westward and southward by the
Iroquois tribes and the advance of the whites.
THE APPALACHIAN DISTRICT.
This district, as alreuiiy ik'liiied, includes East Teunesset", western
North Carolina, southwestern Virginia, and the southeastern part of
Kentucky. It is probable that northeastern Georgia and the north-
western part of South Carolina should be included, but the investiga-
tions la most of the sections named have not been suflQciently thorough
to enable us to fix with any degree of certainty the boundaries of the
district.
Although there is uncertainty in reference to the area occupied by
the people who left behind them the antiquities found in this region,
there can be no doubt that here we tind a class of burial mounds diti'er-
iug in several important respects from any we have so far noticed.
Some of the most imi)()rtant mounds of this class found in this dis-
trict were discovered in Caldwell County, North Carolina, and opened
in 1882 by Mr. J. P. Rogan, one of the Bureau assistants, aided by J)r.
J. M. Spainhour, a resident of the county.
As Mr. Ilogaii's descriptions are somewhat full, I give them sub-
stantially as found in his report:
The T. F. Nelson mound. — This mound, so insignificant in appearance
as scarcely to attract any notice, was located on the farm of Kev. T. F.
Nelson, in Caldwell County, North Carolina, on the bottom land of the
Yadkin, about 100 yards from the river-bank. It was almost a true circle
in outline, 38 feet in diameter, but not exceeding at any point IS inciies
in height. The thorough excavation made revealed the fact that the
liuilders of the mound had first dug a circular ])it, with perpendicular
margin, to the depth of 3 feet, and 38 feet in diameter, then deposited
their dead in the manner hereafter shown, and afterwards covered them
over, raising a slight mound above the pit.
A plan of the pit, drawn at the time (after the removal of the dirt),
showing the stone graves and skeletons, is given in Fig. 2.5.
The walled graves or vaults and altar-shaped mass were built of
water worn bowlders and claj- or earth merely sufficient to hold them
in place.
No. 1, a stone grave or vault standing exactly in the center of the pit.
In this case a small circular hole, a little over 3 feet in diameter and ex-
tending down 3 feet below the bottom of the large pit, had been dug,
the body or skeleton placed peri)cndicularly upon its feet, and the wall
built up around it from the bottom of the hole, converging, after a
height of 4 feet was reached, so as to be covered at the top by a single
soapstone rock of moderate size. On the top of the head of the skeleton
and immediately under the c;ipstone of the vault were found several
61
62
BURIAL MOUNDS OF THE NORTHERN SECTIONS.
plates of silver mica, which had evidently been cut with some rude im-
plement. Although the bones were much decayed, yet they were re-
tained in i)ositioii by the dirt which Idled Ihe vault, an indication that
the flesh had been removed before burial and the vault filled with dirt
as it was built up.
F'k;. 25. — Appearance of T. F. Nelson mound after e^scavation.
Nos. 2, 3, 4, 5, G, 7, S, 9, and 10, although walled around in a similar
manner, were in a sitting posture on the bottom of the pit. In the
grave of No. 2 was found a polished celt, in that of No. 3 a single
discoidal stone, in that of No. 0 two polished celts, and immediately
over No. 9 a pitted stone.
Nos. 11, 12, and 13 are three skeletons in a squatting posture, with
no wall around them and unaccompanied by relics of any kind.
Nos. 11 and 15 are two uninclosed skeletons, lying horizontally at
full length. With the former some pieces of broken soapstone pipes
were found, and with the latter one polished celt.
No. IC, an uninclosed "squatter," of unusually large size, not less than
7 feet high when living. Near the uioutli was an uninjured soapstone
pipe. The legs were extended in a southwest direction, upon a bed of
burnt earth.
The faces of all the squatting skeletons were turned away from the
standing central one.
At A was found a considerable quantity of black i)aint in little lumps,
which appear to have been molded in the hull of some nut. At B was
iHoMAs 1 THE NELSON MOUNDS, SOUTH CAROLINA. 63
a cubical mass of water-worn bowlders, built up solidly and symmetric-
ally, 24 inches long, 18 inches wide, and 18 inches high, but with no
bones, specimens of art, coal, ashes, or indications of fire on or around
it. Many of the stones of the vaults and the earth immediately around
them, on the contrary, bore unmistakable evidences of tire; in fact,
the heat in some cases left its mark on the bones of the inclosed skele-
tons, another indication that the Hesh had been removed before burial
here, either by jirevious burial or otherwise.
Scattered through the dirt which filled the pit were small pieces of
pottery and charcoal. The bottom and sidesof the pit were so distinctly
marked that they could be traced without difiQculty.
This mound stood about 75 yards south of the triangular burial pit
described below.
The T. F. Nelson triangle. — This is the name applied by Mr. Kogau to
an ancient triangular burying ground found on the same farm as the
mound Just described and about 75 yards north of it.
It is not a mound, but simply a burial pit in the form of a triangle,
the two longest sides each -18 feet and the (southern) base 32 feet, in
Fin. l^G.- Uuiials iu the T. F. Ki-lsou trianjrle, Caldwell County, North Carolina.
which the bodies and accompanying articles were deposited and then
covered over, but not heaped up into a mound; or, if so, it had subse-
quently settled until on a level with the natural surface of the ground.
The apex, which points directly north, was found to extend within 3 feet
of the break of the bank of the Yadkin Eiver, the height above the
usual water-level being about 12 feet. The depth of the original exca-
vation, the lines of which could be distinctly traced, varied from 2J to
3 feet. A rude sketch of this triangle, showing the relative positions
of the skeletons, is given in Fig. 26.
64 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
Nos. ], 2, 3, 4, 5, G, 7, 8, and 9 indicate the positions of single skele-
tons found lying horizontally, on their backs, heads east and northeast.
With No. 2 was found a broken soapstoue pipe, and with Nos. 5 and 9
one small i)olislied celt each.
JSos. 10, 11, 12, 13, 14, and 15 indicate the positions of skeletons in-
closed in rude stone vaults built of cobblestones and similar to those
in the preceding mound. (See Fig. 25.) Nos. 10, 12. 13, and 15 were in
a sitting posture, without any accompanying articles.
Graves 11 and 14 contained each two bodies, extended horizontally,
the lower ones, which were of smaller stature than the upper ones, face
up and Avith heavy flat stones on the extended arms and legs. The
upper ones, with face down, were resting on those below. No imple-
ments or ornaments were found with tliem.
Near No. 12 about a i)eck of singular, i)inkish-colored earth was
found.
Fig. 27. — Engraved shell gorget fruia iiumiul, Caldwell Coimty, North Carolina.
In the northwest part of the triangle (at A in Fig. 20) ten or more
skeletons were found in one grave or grouj), which from the arrange-
ment the explorers concluded must have been buried at one time; the
"old chief" (?), or principal personage of the group, resting horizontally
on his face, with his head northeast and feet southwest. Under his
head was a large engraved shell gorget (Pig. 27) ; around his neck
were a number of large sized shell beads, evidently the remains of a
necklace ; at the sides of the head, near the ears, were five elongate
copper beads, or rather small cylinders, varying in length from one and
a quarter to four and a half inches, part of the leather thong on which
the smaller were strung yet remaining in them. These are made of
thin pieces of copper cut into strips and then rolled together so that the
edges meet in a straight joint on one side. (See Fig. 28.) The plate
out of which they were made was as smooth and even in thickness as
though it had been rolled.
THOMAS.] ARTICLES OF COPPER AND IKON FROM MOUNDS.
65
A piece of copper was also under his breast. His arms were par-
tially exteuded, bis hands resting about a foot from his head. Around
YlG. 28. — Cylindrical copper Lo.lil from mouud, CaklwoU County, Xorth Carolina.
each wrist were the remains of a bracelet compo.sed of copper and shell
beads, alternating, thus (Fig. 29) :
Fig. 29. — Bracelet of copper and sliell beads, Caldwell County, Xortli Carolin.n.
At his right hand were four iron specimens, much corroded but
still showing the form. Two of them were of uniform thickness, one
not sharpened at the ends or edges, the other slightly sharpened at one
end, 3 to 3J inches long, 1 to li inches broad, and about a quarter of an
inch thick. The form is shown in Fig. 30. Another is 5 inches long.
Fig. 30. — Iron celt from mound, Cald\vell Coauty, North Carolina.
slightly tapering in width from one and an eighth to seven-eighths of
an inch, both edges sharp ; it is apparently part of the blade of a
long, slender, cutting or thrusting weapon of some kind, as a sword,
dagger, or knife. (Shown in Fig. 31.) The other specimen is part of a
5 ETH .">
66 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
round, awl-shaped implemeut, a small part of the bone handle in which
it was fixed yet remaining attached to it.
Under bis left band was another engraved shell, the concave surface
upward and filled with shell beads of all sizes.
Around and over the skeleton of this chief personage, with their beads
near his, were nine other skeletons. Under the heads of two of tbese
were two engraved shells. Scattered over and between the ten skele-
tons of the group were numerous polished celts, discoidal stones, cop-
per arrow-points, plates of mica, lumps of paint, black lead, etc.
^^
i'l-i. L;1.— liL'U iLupluiiieut lium muuiid, t-aklwiU County, Xuilli Curoliua.
The W. I>. Jones mound. — Two miles cast of Patterson, same eonuty,
and near the north bank of the Yadkin Eiver, running out from a low
ridge to the river bank, is a natural terrace about 12 feet high, with a
level area on top of about au acre, the sides steep and abrupt. Accord-
ing to tradition this terrace was formerly occui)ied by an Indian vil-
lage.
About 200 yards east of this, on the second river 1 ottom or terrace,
was located a low, circular mound 33 feet in diameter and not more than
1 foot high, on the land of Mr. W. D. Jones.
This mound was found on investigation to cover a circular pit 32 feet
in diameter and 3 feet deep, the margin and bottom being so well de-
fined as to leave nodoubt astotbelimits of tbepit; in fact, the bottom,
which was of clay, had been baked hard by fire to the depth of 2 or 3
inches. The mound and the filling of the pit consisted of earth and loose
yellow clay, similar to that around it. In this mound were found twenty-
five skeletons and one stone heap, the relative positions of which are
shown in Pig. 32.
1. A " squatter," walled in with water- worn stones, the face turned
toward the west ; no relics.
2. Sitting with the face toward the center; two i)olished celts at the
feet, and immediately in front of the face a cylinder of hard gray mortar
(not burned) about 5 inches long and 2 inches in diameter, with a hole
through one end.
3. Sitting with the face toward the center; several polished celts at
the feet.
JONES MOUND, NORTH CAKOLINA
67
4. Horizontal, bead southeast; several celts at tlie feet.
5. Horizontal, head toward the center; several celts at the feet.
6. Facing- the center, sitting ; shell beads around the neck, a Unio
shell on top of the head, with the concave surface down, a conch shell
{Busycon perrersum) in front of the face, and celts at the feet.
7. Sitting, facing the center ; celts at the feet.
S. Very large, lying on the left side, legs i^artially drawn up, walled
in with bowlders; no implements.
Fig. 32. — W. D. Jones mouad, Caldwell County, Xorth Carolina.
9. Horizontal, face down, head toward the center; celts and discoidal
stones at the feet, and a pot resting, mouth down, upou the head.
10. Horizontal, face up, feet toward the center; pot resting on the
face, stone implements at the feet.
11. Horizontal, head southeast, arms extended, and a bracelet of cop-
per and shell beads iuouud each wrist ; shell beads around the neck;
face up and food-cup (without handle) at the right side of the head.
12. Horizontal, face up, head southeast; shell beads around the neck,
a hook or crescent shaped piece of copper on the breast, and a soapstoue
68 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
pipe near the face ; one hand near each side of the head, each grasping
small, conical copper oruaiueuts (ear-drops) and a bunch of hair. "Was
this individual, apparently a female, buried alive?
13. Horizontal, lying on the bach, head southeast; copper and shell
beads around the neck and wrists, a hook or crescent shaped piece of
copper on the breast, a food-cup (with handle) lying on its side with
mouth close to the face, a pipe near the mouth, and two celts over the
head.
14. Horizontal, lying on the back, head northeast, arms extended;
each hand resting on a shell which had evidently been engraved, though
the figures are almost totally obliterated.
15. Horizontal, on the back, head west, knees drawn up; stone im-
])lements at the feet.
16. Too much decayed to determine the position.
17. Four skeletons in one grave, horizontal, heads toward the east,
and large rocks lying on the legs below the knees; no implements.
18. Two skeletons in one grave, heads west, faces down, knees drawn
up; no implements.
19. On the back, horizontal, head east; no implements.
20. Sitting, with face toward the east, walled in, a large rock lying on
the feet (though this may have fallen from the wall); no implements.
21. Sitting, walled in; over the head, but under the capslone of the
vault, a handful of tlint arrow-heads.
22. Doubled up, with the head between the feet.
A. A solid oval-shaped mass of bowlders, 33 inches long, 22 inches
wide, and 24 inches high, resting on the bottom of the pit. iS"o ashes or
other indications of fire about it.
Fragments of pottery, mica, galena, charcoal, red and black paint,
and stone chips were found scattered in small quantities through the
earth which filled the pit. All the celts were more or less polished.
E. T. Lenoir burial pit.— This is a circular burial pit, similar to those
already described, but without any rounding up of the surface. It is
located on the farm of Mr. Eufus T. Lenoir, about 9 miles northeast
of Lenoir and nearly a mile west of Fort Defiance.
A diagram showing the relative positions of the graves or burials is
given in Fig. 33.
It is on the first river terrace or bottom of Buffalo Creek and some
20(» yards from the stream, which empties into the Yadkin about half a
mile .southwest of this point. This bottom is subject to overflow in
time of high water.
The pit, which is 27 feet in diameter and about 3i feet deep, is almost
a perfect circle, and well marked, the margin, which is nearly perpendic-
ular, and the bottom being easily traced. The dirt in this case, as in
the others, was all thrown out.
aSo. 1. A bed of charred or rather burnt bones, occupying a space 3
feet long, 2 feet wide, and about 1 foot deep. The bones were so thoroughly
LENOIR BURIAL PIT, NORTH CAROLINA.
69
burued that it was impossible to detoruiiiie whether they were humau
or auimal. Beneath this bed the yellow saud was baked to the depth
of 2 or 3 iuches. Under the bones was an uucharred shell gorget.
Xo. 2. A skeleton in a sitting postnre, facing northeast; a pipe near
the mouth and a polished celt over the head.
'No. 3. Sitting, facing east, with shell beads around the neck aiutalso
around the arms just below the shoulders.
iSTo. -i. Horizontal, on the back, head east and resting on the concave
surface of an engraved shell; a couch shell (Bit.sijcv)! 2)erversum) at the
side of the head, and copper and shell beads around the neck.
Fig. 33.— ri:iii of the E. T, Lemiir burial pit, Cahlwi-U Coimty, Xortli Carolina.
Xo. 5. Horizontal, head northeast; shell beads around the neck and
two discoidal stones and one celt at the feet.
No. G. A commuual grave, contaiuing at least twenty-five skeletons,
in two tiers, buried without any apparent regularity as to direction or
relative position. Thirteen of the twenty -five were "flat-heads;" that
is, "the heads running back and compressed in front."
Scattered through this grave, between and above the skeletous, were
polished celts, discoidal stones, shells, mica, galena, fragments of pot-
70 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
tery, and one whole pot. Around the neck and \yrists of some of the
skeletons were also shell beads. There may have been more than
twenty-five individuals buried here, this, however, being the number of
skulls observed.
No. 7. Horizontal, on the left side, head northwest; no implements.
No. S. An irregular layer of water- worn stones, about 4 feet s(iuare.
On top was a bed of charcoal 3 or 4 inches thick, ou and partially im-
bedded in which were three skeletons, but showing no indications of
having been in the fire. Scattered over these were discoidal stones, one
small, saucer-shaped dish, shells (of which one is engraved), pipes, shell
beads, and i)ieces of pottery.
No. 9. A grave containing three skeletons, lying horizontally on their
backs and side by side, the outer ones with their heads east and the
middle one with the head- west ; no implements.
No. 10. Horizontal, ou the right side, head north, with stone imple-
ments in front of the face.
No. 11. Doubled up, top of the head south; shell beads around the
neck and celts at the feet.
No. 12. A grave containing seventeen skeletons, seveu of which had
flat heads, two of the number children. Two of the adult heads were
resting on engraved shells.
In this grave were found four pots and two food-cups, the handle
of one representing an owl's head and that of the other an eagle's head.
One of the small pots was inside a larger one. Scattered among the
skeletons were shell beads, polished celts, discoidal stones, paint, etc.
None of the skeletons were inclosed in stone graves.'
In order to convey an idea of the number of articles deposited with
the dead in some of these burial places, I give here a list of those ob-
tained from the pit last described:
One stone ax.
Forty-three polished celts.
Nine vessels of clay.
Thirty- two arrow-heads.
Twenty soapstone pipes, mostly uninjured.
Twelve discoidal stones.
Ten rubbing stones.
Two hammer stones.
One broken soapstone vessel.
Six engraved shells.
Four shell gorgets.
One Busycon perversum entire, and two or three broken ones.
Five very large copper beads.
One lot of fragments of shells, some of them engraved.
A few rude shell pins.
' The circles and iiaralielograms in Figs. 3'2 and 33 have no other significance than
to indicate the relative positions of the graves and the positions of the skeletons.
THOMAS.] BURIAL PLACES, WILKES COUNTY, NORTH CAROLINA. 71
Sbell beads.
A few small copper beads.
Specimens of paint aud plumbago.
Three skulls.
It is evident from tbe foregoing descriptions that the mode of burial
aud the depositories of the dead of the mound-building tribes of this
])art of Xorth Carolina differed in several marked and Important re-
spects from the mode of burial aud burial mounds of the sections pre-
viously alluded to, and in fact from those of any other district.
Here the pit seems to have been the important part of the de])ository
aud the mound a mere adjuuct. In some cases the bodies appear to
have been buried soon after death, while in others — as, for example, the
groups in the triangle and Lenoir burial pit — the skeletons were prob-
ably deposited after the liesh was removed.
We are reminded by these pits of the mode of burial practiced by
some of the Indian tribes, as mentioned by Lafitau,^ Brebeuf,^ etc.; but,
before attempting to draw conclnsions, we will give other illustrations
of the burial mounds of this district, which are far from being uniform
in character.
Comparatively few mounds have as yet been opened in North Caro-
lina; hence the data relatingto this region is somewhat meager. As
bearing upon the subject, and probably relating to a i)eriod immedi-
ately following the close of the mound-building era, I give from JMr. Eo-
gan's notes the description of a burial place explored by him on the
farm of ilr. Charles Hunt, in the central part of Wilkes County :
This is not a "burial place," in the usual sense of that term, but is
l)robably the site of a camp or temporary village. It is about three
miles and a half east of Wilkesborougb,on the second bottom or terrace of
the Yadkiu River. It differs from tlie burial places just described in
having no large pit, the graves being separate and independent of each
other. A diagram showing the relative positions of tbe graves aud
small pits accompanies Mr. Eogau's report but is omitted here, although
the iiumberiug of the graves is retained in tbe description.
No. 1 is a grave or oval-shaped pit 2 feet long and IS inches wide,
the top withiu 8 inches of the surface of the ground, while the bottom is
L'i feet below it. This contained the remains of two skeletons, which
were surrounded by charcoal ; some of tbe bones were considerably
charred. In tbe pit were some fragments of pottery, a few Hint chips,
and a decayed tortoise shell.
No. 2. A grave 2 feet wide, 6 feet long, aud 5 feet deep. It contained
quite a quantity of animal bones, some of them evidently those of a
bear ; also charcoal, mussel shells, aud one bone imiilemeut.
• Moeiirs ties Sauvages Am^riquaius, II, pp. 447-44.5.
-Jesuit Relations for 1G3G, pp. 12S-139. For a translation of the lively description
of tbe burial ceremonies of tbe Hurons by Father Brebeuf, see " Supplemental Note,"
at the end of this paper.
72
BURIAL MOUNDS OF THE NORTHERN SECIIONS.
Xo. 3. A grave of the same size and depth as iN'o. 2, coutaiuing aui-
iiial boues, brokeu pottery, and some cliarcoal.
No. -4. Grave; the size, depth, and coutents same as the precediug.
Xo. o. A circular pit 2 feet in diameter aud 2 feet deep. This con-
tained a very large pot, in which were some animal bones ; it was on its
side aud crushed.
Xo. 0. A ])it 2^ feet deep aud 2 feet square, with a bed of charcoal in
the bottom G inches deep. On this bed was a layer of flint chips, aud
on the chips a quantity of broken pottery, animal bones, a discoidal
stone, and a bone implement.
Xo. 7. A grave similar to those described.
Xo. 8. x\. large grave, coutaiuing three skeletons, lying at full lengtli
upon the right side, with the heads a little east of north. Between the
front aud the middle one was a mass of mussel shells. At the head and
back of the frout one were a number of animal bones, aud between it
aud the middle one, opposite the pelvis, was a large brokeu pot. The
right arm of the third or back one was extended forward and up-
ward, the left arm resting across the head, a wliite liint chip grasped
in the hand. The head of this skeleton was resting on a piece of a
brokeu pot, aud in front of the face, at the distance of a foot, was also
part of a pot, containing a stone fragment aud some animal boues.
Under the legs of the three skeletons, the head extending in frout of
the legs of the third or back one, was the skeleton of a bear, and in front
of the latter were three broken pots, containing animal bones.
Xo. 9. A basin-shaped fire-bed, or bed of burnt clay, S inches thick.
section of this bed is shown in Fig. 34 — b, h, b, the bed of burnt
S . y .. \:::i:;aii!'ai!iiiii||piiil|ijii)iiiiMi!lfi
^m^m.
iiiiiii
fiii!iiii(iiiriiVi'ii'iiiirin^'ii'iViiikli
Fig. 34.— Firebcd, Wilkes County, Xortli Caioliua.
clay, S inches thick, the material evidently placed here and not a part
of the original soil. The basiu a was filled with ashes, to the depth of
12 inches : the diameter, from 1 to 2, 2 feet 3 inches, from 1 to 3 and
from 2 to 4, 1 foot G inches.
Xo. 10. A bed of mussel shells, 3 inches thick and 3 feet in diameter,
lying on a flat bed of burnt earth 3 inches thick.
Xo. 11. A pit 5 feet deep and 3 feet in diameter, filled with animal
bones, mussel shells, aud broken potter^-.
There was no mounding over any of these graves or pits.
THOMAS.] MOUNDS IN BURKE COUNTY, NORTH CAROLINA. 73
Tbe basin-shaped fire-bed, Xo. 9, remiuds us very strongly of the so-
called altars of the Ohio mounds, and may possibly assist us in arriving
at a coi'rect conclusion concerning these puzzling structures.
A mound opened by Dr. J, M. Spainhour in Burke County, some
years ago, presents some variations, though, so far as the posture and
relative positions of the skeletons are concerned, reminding us of those
in Caldwell County. The following extract is from the article contain-
ing the description :'
Digging down I struck a stone about 18 inches below the surface, which was
tbuud to be 18 inches long and 16 inches wide and from 2 to 3 inches in thichucss, the
coiners rounded. It rested on solid earth and had been smoothed on top.
I then made an excavation in the south of the mound, and soon struck another
stoue, which upon examination proved to be in front of the remains of a huuian
skeleton in a sitting posture; the bones of the fingers of the right hand had been rest-
ing ou the stone. Near the hand was a small stone about 5 inches long, resembling
a tomahawk or Indian hatchet. Upon a further examination many of the bones
were found, though in a very decomposed condition, and upon exposure to the air
they soon crumbled to pieces. The heads of the bones, a considerable portion of the
skull, jaw-bones, teeth, neck-bones, and the vertebriE were in their proper places.
Though the weight of the earth above them had driven them down, yet the frame
was perfect, and the bones of the head were slightly inclined toward the east. Around
the neck were found coarse beads that seemed to be of some substance resembling
chalk.
A small lump of red paint, about the size of an egg, was found near the right side
of this skeleton. From my knowledge of .anatomy, the sutures of the skull would
iudicate the subject to have been twenty-five or twenty-eight years of age. The top
of the skull was about 1"2 inches below the mark of the plow.
I made a further excavation in the west part of this mound and found another
skeleton similar to the first, in a sitting posture, facing the last. A stone was on
the right, on which the right hand had been resting, and oii this wae a tomahawk
which had been about 7 inches in length, broken into two pieces, and much better
finished than the first. Beads were also ou the neck of this one, but were much smaller
and of finer equality than those on the neck of the first ; the material, however, seemed
to be the same. A much larger amount of paint was found by the side of this than
the first. The bones indicated a person of larger frame and I think of about fifty
years of age. Everything about this one had the appearance of superiority over the
first. The top of the skull was about G inches below the mark of the plow.
I continued the examination, and after diligent search found nothing at the north
part of the mound, but ou reaching the east side found another skeleton, in the same
posture as the others, facing the west. On the right side of this was a stoue ou which
the right hand had been resting, and on the stone was also a tomahawk about 8
inches in length, broken into three pieces, nmch smoother and of finer material than
the others. Beads were also found ou the neck of this, but much smaller and finer
than on those of the others, as well as a large amount of paint. The bones would in-
dicate a person of forty years of age. The top of the skull had been moved by the
plow.
There was no appearance of hair discovered ; besides, the principal bones were
.almost entirely decomposed, and crumbled when handled.
A complete exploration of this mound, the dimensions of which are not
given, would possibly have shown that the skeletons were arranged
'Smithsonian Report, 1871, pp. 404,405.
74 BURIAL MOUNDS OF THE NORTHEEN SECTIONS.
somewliat in a circle. The doctor does not slate whether there was a
pit.
Some mounds in Henderson County, opened in 1884 by Mr. J. W.
Emmert, who was teniporarilj' employed by the Bureau, present some
peculiarities worthy of notice. One of these, situated on the farm of
, Mrs. Rebecca Conner, and perfectly circular, was found to be 44 feet in
diameter and C feet high ; a number of small trees were growing on it.
The annexed cut (Fig. 35) shows a vertical section of it. the dark cen.
FlG. 35. — SectioQ of muuuil, Hcudersou County, Xortb Carolioa.
tral triangle representing a conical mass of charcoal and ashes. The
conical mass measured 16 feet in diameter at the base and 5 feet high,
the top reaching within 1 foot of the top of the mound. The outer por-
tion consisted of charcoal, evidently the remains of pine poles, which
had been placed iu several layers, sloping toward the apex. The inner
portion consisted of ashes and coals mixed with earth, in which were
found some burnt human (?) bones, and some accompanying articles,
among which were two stones with holes drilled through them. The
fragments of bones and the specimens were at the base, iu the center.
A mound on the farm of Mr. J. B Alexander, 2 miles above the one
just described, was examined by Mr. Emmert, and found to cover a pit
similar to those explored in Caldwell County.
This mound was situated on an elevated level, about a quarter of a
mile from the creek, in an old field which had been plowed over for sixty
years. It was 2 feet high when he explored it, but the old people stated
to him that it was formerly 10 feet high, and had a "tail'' or ridge run-
ning away from it 200 feet long ; but the only indication of this that Mr.
Emmert could see was a strii) of clay running ofi" where it was stated
to have been. It runs in the direction of the creek bottom, where any
quantity of broken pottery may be picked up. The mound, which was
oO feet in diameter and composed wholly of red clay, was entirely re-
moved to the original surface of the ground, Nothing was found in it,
but after reaching the surface he discovered a circular pit 12 feet in
diameter, winch had been dug to the depth of 4 feet in the solid red clay.
This he found to be filled full of ashes and charcoal, but failed to find
any bones or specimens in it.
Although Mr. Emmert failed to find any evidence that this was a
burial mound, its similarity with those of Caldwell County will, I think,
justify us iu concluding It was constructed for this purpose.
THOMAS] MOULDS OF HENDERSON COUNTY, NORTH CAROLINA. 75
Another moiiud ou the same fiirm as the one last mentioned, a cross-
section of which is shown in Fig. 3(5, is of the common type, examples
of which are found in most of the districts: diameter 52 feet and height
9 feet ; the upper layer, Xo. 1, red clay, about 4 feet thick, No. 2, a thin
layer of charcoal, about 3 inches thick ; the lower stratum or central
core, Xo. 3, dark-colored earth. In this lower layer were found five
skeletons, ou the natural surface and at the points indicated by the
dots, which crumbled to pieces as soon as exposed to the air. Witli
one were sixteen large, rudely made, white flint arrow-heads, so nearly
Fig. 30. — Sectiou of mouud. Heuilersou Conuty, Xortb Cainlina
alike as to make it apparent they were the work of one individual, and
with another a small pipe and some arrow-heads.
Passing westward over the mountains into East Tennessee, we find
some variations in the modes of burial, but not so widely difterent from
those east of the range as to justify the belief that the authors of the
works of the two localities were different peoples or belonged to differ-
ent tribes.
A burial mound opened by Mr. Emmert in the valley of the Holston,
Sullivan County, described by him as mound Xo. 1, on the north side
of tht river, was found to be 22 feet in diameter and -t feet high. It was
composed of red clay and sand. Digging down to the level of the sur-
rounding ground, there was found a pile of rock in the center, which
proved to be a burial vault built of water-worn bowlders, over a sitting
skeleton. It was 3J feet in diameter at the base and 3 feet high. On
the head of the skeleton was a slender, square copper spindle about 11
inches long and a quarter of an inch thick in the middle. It has evi-
dently been hammered out with a stone hammer. LTnder the lower jaw
were two small copper drills or awls, with portions of the deer-horn han-
dles still attached. About the shoulders, one on each side, were two
polished stones, with holes in them. Near the head was a small pile of
flint chips, and at the knees a flint scalping kuife. The bones were so
badly decayed that but few of them could be secured.
Mound Xo. 2 was on the south side of the river, opposite Xo. 1 and
about the same distance from the river. It was 38 feet in diameter and
5 feet high, and on the top was a pine stump 14 inches in diameter.
Mr. Emmert, in opening it, commenced at the edge to cut a ditch 4
feet wide through it, but soon reached a wall 3 feet high, built of " river
rock." He then worked around this, finding it to be an almost perfect
circle, 14 feet in diameter, inside of which were found, on throwing out
76
BURIAL MOUNDS OP TilE NORTHERN SECTIONS.
the dirt, twelve stone graves or vaults, built of the same kind of stones,
each containing a sitting skeleton, as shown in Fig. 37. One of these
graves or vaults was exactly in the center, the other eleven being placed
in a circle around it, and about equally spaced, as shown in the diagram.
Fig, 37. — SXountl ou HoUtou liiver, SuUivau County, Tt-iinessoe.
In the center grave he found shell beads around the neck of the skel-
eton, and near the mouth the pipe shown in Fig. 38.
Fig. 33, — Pipe from luuuud, .Sullivan County, Tennessee.
The bottom of the area within the circular wall was covered to the
depth of about 3 inches with charcoal, and the graves were built ou this
layer. Both of these mounds were on the bench or upper bottom, and
about three-fourths of a mile from the river.
TiiojtAs.l BURIALS IN EAST TENNESSEE. 77
Mr. Eniiiiert says lie learned that there was a tradition of the neigh-
borhood that the Indians once fought a great battle at this place, and
that one jiarty buried some of their dead in mound Xo. 2, and the other
l)arty buried their dead on the opposite side of the river, where there
is a large pile or mound of " river rock.''
He opened one of the rock mounds occurring in this region half a
mile from the river and near the foot of the mountain. A large tree
had grown up through it, the stump of which M'as yet standing, or the
mound had been built around it. After removing the rock and dig-
ging up the stump, he found, at the depth of 4 feet and directly under
the stump, two stone axes, a large number of arrowheads, two pol-
ished celts, and some pieces of mica.
^Another mound on the Holstou Eiver, 2 miles al)ove the two hereto-
fore described, was examined. This was 60 feet in diameter and di feet
high. The original surface of the earth had been first covered over
about 3 inches thick with charcoal, then the bodies or skeletons laid on
it, and eacli walled up separately with river rock. These were then
covered with black earth, over which was cast a layer of sand about
the same thickness, the remainder being top soil.
Mr. Emmert, who opened this, commenced cutting a ditch 4 feet
wide, proceeding until he struck the bed of charcoal : then followed
around the outer edge of it, finally removing all the dirt inside the cir-
cle. One side of the circle had six skeletons in it, all walled up, as
before stated, separately, but so thoroughly decayed that only one skull
could be saved.
The other side of the mound had nothing in it except a fine pipe
which he found on the bed of coals, some 10 or 12 feet from the nearest
skeleton; some beautiful arrow-heads, shell beads, a polished celt, and
two small stones with holes in them were also discovered.
In addition to the foregoing descriptions from the reports of my
assistants, I present the following, I'rom accounts of earlier explora-
tions in this region :
A burial mound situated on the left baidc of the Tennessee Eiver,
about 1 mile from Chattanooga, was opened by Mr. M. O. Read in 1865.
This was oval in form and Hat on top, the diameter.s of the base 15S
and 120 feet, and those of the top 82 and 44 feet; height, 10 feet. Mr.
IJead says :'
For the purpose of exaiuinatiou, a tnnuel was excavated into tbe moiuid from
the east, a little one side of the center and on a level with the natural surface of
the ground. When the point directly under the outer edge of the top of the mound
was reached, holes were found containing fragmeuts of rotted wood showing that
stakes or palisades had been erected here when the mound was commenced. The
sound of the pick indicating a cavity or different material helow, the excavation
was carried downward about 2 feet, when two skeletons -were uncovered, fragments
of which preserved are marked No. 1. The bones were packed in a small space, as
though the bodies were crowded down, without much regard to position of hands,
' .^imithsncian Report 16!i7, p. 401.
78 BUKIAL MOirXDS OF THE NORTHERN SECTIONS.
into a pit uot excet-iling 3 feet in length. One of the skulls is of especial interest, as
Ijossibly indicating that the remains are those of victoius immolated in some sacri-
ticial or burial rites. The side was crushed in, as if with a club. I have connected
together the pieces of the upper jaw so that they retain the position in whith they
were found, a position which cannot with probability be supposed to be the result
of the settling of the earth around it, if unbroken when buried. The bones of the
bodies, although so friable that they could not be preserved, were entire, in i^ositions
indicating that the bodies bad not been dismembered and forbidding the supposition
that they were the remains of a cannilml feast.
The excavation was carried forward as indicated on the plat and on a level with
the location of the skeletons first found. It became evident at once that the material
of which the mound was constructed was taken from the immediate neighborhood,
it being composed of the same alluvial soil, full of the shells found on the surface, but in
a much better state of preservation ; but no arrow-heads, chippings of flints, or frag-
ments of pottery now covering the surface were found. These would have been abun-
dant if the mound had been erected subsequent to the manufacture of the pottery and
arrow-heads at that place. Single fragments of pottery were found, but these were
l)ainted and of much better quality than those found on the surface.
The mound was composed of alternate layers of earth and ashes, showing that a,
surface of the size of the top, when finished, was kept substantially level, and raised only
2 to 3 feet at a time, when fires were kindled, which must have been large or con-
tinued for along time, as the amount of the ashes and charcoal abundantly indicates.
Near the center of the mound rows of stake-holes were found, as far as followed,
marking two sides of a rectangular parallelogram, which continued would have
formed an enclosure around the center. In some of these were the remains of the
wood and bark, not enough to show the marks of tools, if any had been used. They
penetrated the natural surface of the ground to the depth of about 2 feet.
Here and at about the same level as at No. 1 were found the skeletons of which
the skull bones and other parts are marked No. 2. They were apjiarently the remains
of a youngish woman and two children, all so far decomposed that only the parts sent
could bo preserved. The larger skeleton was in such a position as a person would
take ou kTieeling down, then sitting upon the feet ; the hands were brought to the head
and the body doubled down upon the knees. The head was toward the south. The
remains of the children were found at the right side of this body, the bones mingled
together.
About 2 feet directly under these the skeleton of which the skull is marked No. 3
was found, in a similar position, it is said (I was not present when it was taken out),
with the one above it.
I attempt no description and indulge in no speculations in regard to these remains,
as I have decided to forward them to you for the examination of those who can com-
pare them with other skulls and are better qualified to make a proper use of them.
They are unquestionably of the age of the mound-builders.
^Ye are reminded, by the reniain.s of upright timbers found here, of the
wooden vaults of the Grave Creek and other mounds of West Virginia,
but in the form of the mound we have an indication that it belongs to
the southern class of ancient works.
Eev. E. O. Dunning mentions' a stone-grave mound which he exam-
ined in the valley of the Little Tennessee. Speaking of this mound he
remarks :
I did not expect to find rock graves in a mound of earth, but after clearing away
rubbish and penetrating 6 feet below the top, near the center the workman struck a
slab of slate, which proved to be part of the coveringof a stone tomb. It was much like
' Smithsonian Report 1870, p. 378.
THOMAS.] STONE GRAVES IN EAST TENNESSEE 79
those scattered over the " river bottom" — more nicely constructed, however, and fitted
with more care, being arched over the top, at an acute angle, with pieces of slate 3
inches thick. Owing to its situation, raised above the level of the river and covered
with sand to the de])th of G feet, its contents were better preserved than tho.se of the
graves just mentioned. At the head of it I took out a vessel of fine red clay and piil-
verized mussel shells a foot in diameter, gourd-shaped, and having a handle and spout
6 inches long, aud holding about a quart. It was preserved nearly whole. Artificial
fire had been kindled in the tomb, but it had been smothered by the throwing in of saud
before all the contents were consumed. Besides some entire bones of the human skel-
eton, flint arrow-heads and a large number of flint and stone beads were removed.
The beads could be traced aloug the lines of the legs and arms, as if they had been at-
tached to the garment in which the dead was buried. Further excavations disclosed
two more of these stone sepulcbers, the first 3 feet below the one described, the other
2 feet from it, in the same jilaue. Thej' contained only fragments of bones, charcoal,
and ashes.
The mound, which was conical in shape, must have been 1.5 feet high and 50 feet
in diameter. Successive floods had impaired its original dimensions. The last car-
ried away a section on the west side, exposing a tomb and some valuable relics, which
have not been preserved. Among them were large shells, pyrulas, probably, judging
from the description, from the Gulf of Mexico. In connection with marine shells, im-
ages in stone were found in this tomb. The mound was composed of sand-loam taken
from the bank of the river, and raised upon a foundation of water-washed rocks 4 feet
high, from the bed of the stream hard by. There bad been extensive burnings through-
out this mound, at various dejiths, indicated by layers of charcoal, ashes, and bnrued
clay, simj^ly in honor of the dead, or to consume their eti'ects or mortal parts, or for
human sacrifices to their manes.
SpeakiDg ofstone graves in the immediate vicinity as explanatory of
those in the mound, he says :
They are built of slabs of slate, nicely fitted together, about 3 inches thick, 4 feet
long, and 2 broad, enclosing receptacles not of uniform space, generally 5 feet long,
4 feet high, and 2 broad, covered with flat pieces, resting npon the upright slabs and
conforniiug to the rounded corners of the tomb.
As one of the principal obiects in view in exploring and studying the
moniuls of our country is to ascertain, if possible, by what people or
tribes they were built, a brief discussion of the question so fttr as it re-
lates to the district now under consideration will be in place. My rea-
sons for touching upon the topic iu this connection, and limiting the dis-
cussion to the antiquities of tlie one district, are as follows :
First. The characteristics of tlie works of this section are so well
marked as to leave little, if any, doubt on the mind of any one who will
stiidj" them carefully that they are work of one people, probably of a
single tribe.
Second. Because in this instance 1 think the evidence points with at
least reasonable certainty to the particular tribe by which they were
erected.
Third. Whether our second reasou prove to be correct or not, we find
data here which appear to form connecting links between the prehistoric
and the historic times, and hence call for some discussion in regard to
the authors.
80 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
Fourtb. The statemeut of tUe result of "our explonitions of these
works (especially the burial niouuds) will, as I conceive, be incomi)lete
without some intimation of the bearing they have had on my own mind
iu reference to their authorship. This it is true will apply with equal
force to the works of other districts. I have already briefly stated my
conclusions in this respect regarding the antiquities of Wisconsin; but
have refrained from entering at length upon the question as to the Ohio
and AYest Yirgiuia works, as I confess and have already intimated that
these present more diiBculties iu the way of explanation than most of
the other sections.
It may be thought premature to speculate iu this direction, and some
of our ablest scientific journals appear to depi'ecate any such attemjits
until more data have been obtained and the materials already collected
are more thoroughly digested. I admit that, as a very general and
almost universal rule, such a course is the proper one iu respect to sci-
entific investigations, but must dissent from its application in this in-
stance, for the following reasons :
The thought that a mighty nation once occupied the great \alley of
the Mississippi, with its frontier settlements resting on the lake shores
and (iulf coasts, nestling in the valleys of the Appalachian liauge and
skirting the broad plains of the West, a nation with its systems of gov-
ernment and religion, its chief ruler, its great central city, and all the
necessary accompaniments, but which has disappeared before the in-
roads of savage hordes, leaving behiud it uo evidences of its existence,
its glory, power, and extent save these silent forest- covered remains,
has something so fascinating and attractive iu it, that when once it has
taken possession of the mind, it warjjs and biases all its conclusions.'
So strong, iu fact, is the hold which this theory (in the broad sense,
including also the Toltec and Aztec theories) has taken of the minds
of both American and European archa'ologists, that it not only biases
their conclusions, but also molds and modifies their nomenclature, and
is thrust into their speculations and even into their descriptions as though
110 longer a simple theory but a conceded fact. Hence it is necessary,
before a fair and unbiased discussion of the data can be had, to call at-
tention to the fact that there is another side to the question.
Unless some protest is presented or some expression of opinion is made
on this point in my paper, the facts I give will be viewed through the
medium of this "lost race" theory. This I desire, if possible, to pre-
vent, and whether the " Indian theory" i)roves to be correct ornot, I wish
to obtain for it at least a fair consideration. I believe the latter theory
to be the correct one, as the facts so far ascertained ajjpear to point in
that direction, but I am not wedded to it; on the contrary, I am willing
to follow the facts wherever they lead.
' See, for example, Fosters " Prehistoric Races," p. 97 ; Squicr and Davis's, "Ancient
Monuments,-' p. 30 ; Baldwin's "Ancient America," p. .57 ; Bancroft's ' ' Native Races,"
IV, p. 785; Conaut's "Foot-Prints of Vanisbcd Races.'" p. 33: Marquis dc Nadaillac's
"L'Amerique Pr^liistorique," p. Ib5,ete.
'nnMAs.l -'WHO WEKK THK MOIXU-KUILDEKS ? " -81
Altbough additional data will hereafter be obtained and many new
:ind important facts be brought to liglit, yet, as I believe, sufficient evi-
dence has been collected (though much of it remains uiipublislied) to in-
dicate what will be the final result so far as this general question is con-
cerned.
We see that already the theory tliat these remains scattered over the
face of our country from Dakota to Floi'ida and from New York to
Louisiana were the work of one people, one great nation, is fast break-
ing down before the evidence that is being produced.
The following quotation from the last report of the Peabody Miiscmi),
which is repeated in substance in Science, June 27, 1884, ]). 775, will
serve uot only to indicate tlie conflict which is going on in the minds of
some of our most active and progressive arclueologists on tliis subject,
but also to show the difficulty of linding applicable and well-defined
terms, and of clearly stating the real question at issue:
The different periods to which the various niouniLsandliurial iilacoslicloiigcanonly
1)6 made out by such a serit-s ol'cxploratioiis as the mnseniu is now couductin;; in thu
Little Miami Valley, and when they are eompleted we shall be bettor able to answer tlin
qnestion, "Who were the nionnd-bnilders ? " than we are now. That more than one
of the several American stocks or nations or groups of tribes bnilt nionnds seems to
me to be established. What their coiuiections were is not yet by any means made
clear, and to say that tbey all must have been ore and the same people sccuis to be
making a statement directly contrary to the facts, which are yearly increasing as the
spade and pick in careful hands bring them to light. That many Indian tribes bnilt
mounds and earthworks is beyond doubt, but that all the mounds and earthworks of
North America were made by these same tribes or their immediate ancestois is not
thereby proved.
Mr. Carr, iii his recent paper published by the Kentucky Geological Survey, has
taken np the historical side of the question, but it mustnot be received for moie tlnin
bo intended. He only shows from bist:orical data what tiie spade and pick have dis-
closed to the archjeologist. It is simplyono sideof theshield ; the other is still wait-
ing to be turned to the light ; and as history will not help ns to read the reverse, only
patient and careful exploration will bring out its meaning.'
This, it is true, is but an incidental paragraph thrown into a report of
the work of the museum, but I have selected it as the latest exi)res-
sioii on this subject by one of our most active aud practical American
archfeologists, and because it will furnish a basis for the remarks I
desire to make ou this subject.
In order that the reader m.ay clearly understand the particular points
to which I shall call attention, I will introduce here a brief review of
the leading opinions so far presented regarding the authorship ofthe.se
ancient works.
It was uot until about the close of the eighteenth century that the
scientific men of the Eastern States became fully impressed with the
fact that remarkable antiquities were to be found in our country.
About this time President Stiles, of New Haven, Dr. Franklin, Dr.
' Sixteenth and Seventeenth Report Peabody Museum, p. 346.
5 ETH 6
82 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
Barton, and a few otlier leading minds of that day, becoming tboroughly
convinced of the existence of these antiquities, and having received de-
scriptions of a number of them, began to advance tlieories as to their
origin. William Bartram had come to the conclusion, from personal ob-
servation and from the statement of the Indians that " they knew noth-
ing of their origin," that they belonged to the most distant antiquity.
Dr. Franklin, in reply to the inquiry of President Stiles, suggested
that the works in Ohio njight have been constructed bj' De Soto in his
wanderings. This suggestion was followed ui> by Noah Webster with
an attempt to sustain it,' but he afterwards abandoned this position
and attributed these works to Indians.
Captain Heart, in reply to the inquiries addressed to him by Dr. Bar-
ton, gives his opinion that the works could not have been constructed
by De Soto and his followers, but belonged to an age preceding the dis-
covery of America by Columbus ; that they were not due to the Indians
or their predecessors, but to a i)eople not altogether in an uncultivated
state, as they must have been under the subordination of law and a well-
governed jjolice. -
This is probably the tirst clear and distinct expression of a view which
has subsequentlj- obtained the assent of so many of the leading writers
on American archipology.
About the commencement of the nineteenth century two new and im-
portant characters appear on the stage of American archjeology. These
are Bishop Madison, of Virginia, and Rev. Thaddeus M. Harris, of Mas-
sachusetts.
Dr. Haven, to whose work we are indebted for reference to se\eral of
the facts above stated, remarks :
TLese two geutlemeu are among the (irst who, unitiug n]ii>ortunitieH <>1' jiorsdiial oli-
servatinn to the .advantages of scientific cnltnre, imparted to the public their impres-
sions of western antiquities. They represent the two chisses of observers whose oj)-
positc views still divide the sentiment of the country ; one class seeing no evidence
of art beyond what might be expected of existing tribes, with the bimple dilferenee
of a more numerous population, and consequently better defined and more permanent
habitations; the other finding proofs of skill and refinement, to be explained, as they
believe, only on the suppositiou that a superior race, or more probably a people of
foreign and higher civilization, once occniiied the soil.^
Bishop Madison was the representative of the first class. Dr. Har-
ris represented that section of the second class maintaining the opinion
that the mound-builders were Toltecs, who after leaving this region
moved south into Mexico.
As we find the principal theories which are held at the present day
on this subject substantially set forth in these authorities, it is unneces-
sary to follow up the history of the controversy excci)t so far as is re-
quired to notice the various modifications of the two leading opinions.
'Referred to by Dr. Haven, Smithsonian Contriliutions, VIII, p. 25.
-Transactions of the American Philological Society, Vol, HI.
'Archajology of the United States, Smithsonian Contributions, Vol. VIII, p. 31.
THOMAS.) "who weke the mound-buildees?" 83
Those holding the opinion that the Indians were not the autliors of
these works, althongb agreeing as to this point and hence included in
one class, ditfer widely among themselves as to the people to whom they
are to be ascribed, one section, of which, as we have seen, Dr. Harris
may be considered the pioneer, holding that they were built by the
Toltecs, who, as they supposed, occupied the Mississippi Valley pie-
vious to their appearance iu the vale of Anahuac.
Among the more recent advocates of this theory are Mr. John T. Short,
author of "The North Americans of Antiquity;"' Dr. Dawson, in his
"Fossil Man," who accepts the tradition respecting the Tallegwi, but
identifies them with the Toltecs ; Eev. J. r. MacLean, author of the
"Mound Builders" and Dr. Joseph Jones, in his "Antiquities of Ten-
nessee."
Wilson, in his "Prehistoric Man,"^ modilies this view somewhat, look-
ing to the region south of Mexico for the original home of the Toltecs,
and deriving the Aztecs from the mound-builders.
Another section of this class includes those who, although rejecting
the idea of an Indian origin, are satisfied with simply designating the
authors of these works a "lost race," without following the inquiry into
the more uncertain field of racial, national, or ethnical relations. To
this type belong a large portion of the recent authors of short articles
and brief reports on American archa-ology, and quite a number of dili-
gent workers in this field whose names are not before the world as
authors.
Baldwin believes that the mound-builders were Toltecs, but thinks
they came originally from Mexico or farther south, and, occupying the
Ohio Valley and the Gulf States, probably for centuries, were at the
last driven southward by an influx of barbarous hordes from the more
northern regions, and apjieared again in Mexico.-' Bradford, thirty years
pi'evious to this, had suggested Mexico as their original home.^ Lewis
H. Morgan, on the other hand, supposes that the authors of these re-
mains came from the Pueblo tribes of New Mexico. Dr. Foster^ agrees
substantially with Baldwin. We might include in this class a number
of extravagant hypotheses, such as those held by Haywood, Rafinesque,
and others among the older, as well as by a few of the more recent
authors.
The opposite class, boldiug that the mound-builders were the ances-
tors of some one or more of the modern tribes of Indians, or of those,
found inhabiting the country at the time of its discovery, numbers,
comparatively few leading authorities among its advocates; in other
words, the followers of Bishop Madison are far less numerous than the
followers of Dr. Harris. The differences between the advocates of this
view are of minor importance, and only appear when the investigation
is carried one step further back and the attempt is made to designate,
' Page 253. * American Autiqnities, p. 71.
^Vol. I, p. 353, 3(1 eilition. ^Prehistoric Races, p. 339.
'Ancient ,\nifriea, ])p. 70-7;").
Hi BURIAL MOUNDS OF THE NORTHERN SECTIONS.
the i)aiticular tribe, nation, jieople, or etbnic family to wLich they ap-
pertained.
The traditions of the Delawares, asgivenbyHeckewelder, iuhis "His-
tory of the Indian i^ations," having bronght npoii the stage the Tallegwi,
they are made to i)lay a uio.st important part in tlie speenlatious of those
inclined to the theory of an Indian origin. As this tradition agrees very
well with a number of facts brought to light liy antiquarian and philo-
logical researches, it has had considerable influence in shaping the con-
clusions even of those who are not professed believers in it.
One of the .ablest early advocates of the Indian origin of these works
was Dr. McGulloch ; and liis conclusions, based as they were on the
comparatively slender data then obtainable, are remarkable not only
for the clearness with which they are stated and the distinctness with
which they are deflued, but as being more in accordance with all the
facts ascertained than i)erliaps those of any contemporary.
Samuel G. Drake, Schoolcraft, and Sir John Lubbock were also dis-
posed to ascribe these ancient works to the Indians. But the most re-
cent advocate of this view is Prof. Lucien Carr, of Cambridge, Massa-
chuset ts, who has presented, in a recent paper entitled " The Mounds of
the Mississippi Valley historically considered" (contained in the Memoirs
of the Kentucky Geological Survey), a very strong array of historical
evidence going to show not oidy that the Indian tribes at the time of
the discovery were capable of producing these works, but also that
several of the tribes were in tlie habit of erecting mounds.
But it is proper that we should mention an article by Dr. D. (1. Brin-
ton in the October number, 18S1, of the American Antiquarian, bearing
upon the same subject, in which considerable historical evidence tend-
ing to the same conclusion is given. These two papers may justly bo
considered the commencementof a rediscussion of this question, in which
the Indians, after a long exclusion, will be readmitted as a possible fac-
tor in the problem.
The reader will observe from the foregoing brief review that the opin-
ions regarding the authors of the mounds — or, as Dr. Briuton expresses
it, " the nationality of the mound-builders" — as heretofore given to the
world, may be divided into two classes — those holding that the builders
were " Indians," and those holding that they were not "Indians." But
the paragraph we have quoted from the Rejiort of the Peabody Museum
introduces other considerations, which render it necessary not only to
define the terms used but to restate the (luestiou at issue in a more exact
and definite form.
What mounds? What earthworks? The authority quoted remarks,
"That many Indian tribes built mounds and earthworks is beyond doubt,
but that all the mounds and earthworks of North America were made by
these same tribes or their immediate ancestors is not thereby proved."
That the term "moundbuilders"' is as applicable to the people who
constructed the mounds of Siberia, Japan, or elsewhere as those who
7lll>UAl!.l
THE TERM "INDIAN." 85
built tlio tiuiuili of the Mississippi Valky must be ;idiiiitted, but the
term, whcu used in this country with reference to the mounds of this
country, has, as is well liuown, been generally understood to include only
those found in that part of the United States east of the Eocky Mount-
ains unless otherwise stated; and Mr. Carr's paper, to which allusion
is made in the next .sentence of the quotation, is expressly limited to
the "mounds of the Mississippi Valley." North Amei'ica is therefore a
broader field thau is generally understood by those who enter upon the
discussion, and I may aild that '• these same tribes," unless with explicit
definition, is a limitatiou claimed Jby no one.
The term "Indian" is so indefinite and so variously applied that more
or less uncertainty must ensue unless the writer discussing this ques-
tion makes clear the sense in which he uses it. It was probably an
appreciation of this fact that caused the author of the report referred
to to make use of the terms "American stocks," "nations," and "groups
of tribes." We can fully appreciate the diflQculty he and all others wilt-
ing upon this subject experience from the want of an adequate and defi-
nite nomenclature that is ai)plicable. But his expansions in one dii-ec-
tion and limitations in another, in the paragraph quoted, as it seems to
me, have left the statement of the question in worse confusion than it
was beibre.
In what sense does he use the terms "Indians," "Indian tribes,"
"American stocks," and "groups of tribes"? Are the cultured Central
American and Mexican nations and the Pueblo tribes to be included or
excluded? Professor Carr evidently proceeds upon the idea that they
are to be excluded, and that the mounds and other ancient works of the
Mississippi Valley are to be attributed to one or more of the American
stocks found in possession of this region at the time of its discovery by
Europeans.
This I believe to be the correct view, except in this: Professor Can-
fails to clear his work of the idea of one people, one stock, when the
evidence is conclusive that the mound-builders were divided into tribes
and stocks, as were the Indians when first encountered by the whites.
Hence when I use the terms " Indians," " Indian tribes," and "American
stocks" in this connection, they are to be understood as thus limited.
I do not claim that this use of these terms is correct, but it is not my
intention at present to discuss the question "What is the proper use of
the indefinite term Indianf'' Jly only object in referring to it and the
other equivalent terms is to explain the sense in which I use them in
this connection, because I can find no better ones.
As thus limited the question for discussion maybe stated as follows:
Were all the mounds and other ancdent works found in that jiart of
the United States east of the Eocky Mountains (except such as are
manifestly the work of Europeans of post-Columbian times) built by
the Indians found in possession of this region at the time of its discov-
ery and their ancestors, or are they in part to be attributed to other
86 BURIAL MOUNDS OF THE NOKTIIEKN SECTIONS.
more civilized races or peoijlos, as the Aztecs, Toltecs, Pueblo tribes, or
some lo>t race of which we possess no historical luention? I say iu
part, as it lias long been conceded, that some of these works are to be
attributed to the Indians.
If it can be shown that some of the mounds and other works of all
the different types and classes found in the Missi.ssijipi Valley and Gulf
States were built by Indians, or even that they were built by peo})le in
the same stage of culture and art and haviug the same customs and
habits as the Indians of this region iu the fifteenth and sixteenth centu-
ries, we shall l)e justified iu concluding that the rest are the work of the
same race and of the same tribes, or those closely allied in habits, cus-
toms, art, and culture. That here and there a single mound-buildingtribe
may have become extinct or absorbed into other tribes in pre-Cohunbiau
limes, as has been the fate of some .since the discovery of the continent,
does not alter the case, unless it be claimed that such tribes belonged to
different "American stocks"and had reached a higher degree of culture
than those found in this iiart of the continent at the time of the arrival
of the Europeans.
No one believes that we will ever be able to ascertain the history of
the construction of each mound and earthwork ; the utmost to be hoped
is that we may be able to determine with satisfactory certainty that
such and such works were built by such and such tribes.
But one stej) in the investigation is to reach the general conclusion as
to whether all classes of these remains iu the region designated may
justly be attributed to the Indians, or whether there are some types
which must be ascribed to a different race, to a ])eople that had attained
a higher jjosition in the scale of civilization than the Indians. This it
is iiossible to accomi)lish without being able to determine conclusively
what tribe erected any particular work.
Nevertheless the conclusion will be strengthened by every proof that
the works of certain sections are to be ascribed tocertain tribes or stocks.
It is for this reason that I propose to discuss somewhat briefly the
question of the probable authorship of the works in the Aj^palachian
district.
THE CHEROKEES PROBABLY MOUND-BUILDERS.
lu 1S7C, Prof. Lucien Carr, assistant curator of the Peabody Museum,
opened a mound in Lee County, Virginia, in whiclilie made certain dis-
coveries whicb, with the form of tlie mound and tlie Listorical data, led
him to the conclusion that it was the work of the Cherokees.
TLis monument, as he informs us, was a truncated oval, the level
space on the top measuring -tO feet in length by 1.5 in width.
At the distance of 8 feet from the brow of the mound, on the slope, there were
found buried in the earth the decaying stumps of a series of cedar posts, which I
was iuforined by Mr. Ely [the owner] at one time completely encircled it. He also
told me that at every plowing he struck more or less of these posts, and, on digging
for them, some six or seven were fouud at different places, and in such order as showed
that they had been placed in the earth at regular intervals and according to a defi-
nite plan. On the top, in the line of the greati'st diameter and near the center of
the mound," another and a larger post or column, also of cedar, was found.'
Quoting Bartram's descri[)tion (given below) of the council house of
the Cherokees in the town of Cowe, he concludes, and I think correctly,
that this mound was the site of a similar building.
Bartram's description is as follows :^
The Council or Town House is a large rotundii, eapaoli^ of accommodating several
hundred people. It stands on the top of an ancient artificial mount of earth of about
20 feet perpendicular and the rotunda on the top of it, being above 30 feet more,
gives tho whole fabric an elevation of about GO feet from the common surface of the
ground. But it may be proper to observe that this mount on which the rotunda
stauds is of a much aneientcr date than the building, and perhaps was raised for an-
other pni'pose. The Cherokees themselves are as ignorant as we are by what people
or for what purpose these artificial hills were raised. » * •
The rotunda is constructeil after tho following manner : They first fix iu the ground
a circular range of posts or trunks of trees, about (3 feet high, at equal distauces,
which are notched at top to receive into them, from one to another, a range of
beams or wall plates. Within this is another circular order of very largo and strong
pillars, aliove 12 feet high, notched in like manner at toji to receive another range
of wall-plates, and within this is yet another or third range of stronger and higher
pillars, but fewer in number, and standing at a greater distance from each other;
and, lastly, iu the center stands a very strong pillar, which forms the pinnacle of the
building, and to which the rafters center at top ; these rafters are strengthened and
bound together by cross-beams and laths, which sustain the roof or covering, which
is a layer of bark neatly placed and tight enough to exclude the rain, and sometimes
they cast a thin superficies of earth over all.
There is but one large door, which serves at the same time to admit liglit finm
without and the smoke to escape when a fire is kindled ; but as there is but a small
fire kept, sulScieut to give light at night, and that fed with dry, small, tound wood,
divested of its bark, there is but little smoke ; all aronnd the inside of the building,
' Tenth Keport Peabody lliisenni, p. 75. ^Travels, p. 365.
88 BURIAL MOUNDS Of THE NORTHERN SECTIONS.
betwixt the second range of iiillais aud tlio wall, is a range of cabins or sophas con-
sistiug of two or three steps, one above or behind the other, in theatrical order, ■where
the assembly sit or lean down ; these sophas are covered with mats or carpets very
curionsly made with thin splits of ash or oak woven or platted together; near the
great pillar in the center the fire is kindled for light, near which the musicians seat
themselves, and around about this the jicrformers exhibit their dances and other shows
at pnblic festivals, which happen almost every night tlironghot the year.
From iiulicatioDS, not upcesstiry to be ineiitioued lierc, Professor Cair
jirgiies that the niouiid conkl not have been intended for burial pur-
poses, but was evidently erected for the foundation of a building of
sonwi kind.
In a subse(pient paper,' " Mounds of the Mississippi Valley," he not
(iidy iidheres to the theory advanced in the tenth report of the Pea-
body Museum, but gives additional reasons for believing it to be true.
Although guided by very dim aud feeble rays of light I am neverthe-
less inclined to believe that Professor Carr has succeeded in entering
the pathway that is to lead to a correct solution of the jnoblem in this
(!ase. As is apparent from what has been given in this paper regard-
ing the burial mounds of this district, much additional data bearing on
tlie point have been obtained siuce Professor Carr's explorations were
made, on which he bases his conclusions.
The Oherokee tribe has long been a puzzling factor to students of
ethnology and North Ameiican languages. Whether to be considered
an abnormal oSshoot from one of the well-known Indian stocks or fam-
ilies of North America, or (he remnant of some undeteruiiued or almost
extinct family which has merged into another, appear to be questions
yet unsettled : but they are questions which do not trouble us in the
present inquiry ; on the coutniry, their ethnic isolation aud tribal char-
acteristics are aids in the investigation.
That the internal arrangement of the mounds, modes of buriai,and
vestiges of art of this district present sufticieut peculiarities to distin-
guish them from the mounds, modes of burial, and vestiges of art of all
the other districts, as I have already stated, will be conceded by any one
who will carefully study them and make the comparison. If, therefore,
it be admiited, as stated, that the Oherokees are a somewhat peculiar
people, an abnornuil tribe, we have in this a coincidence worthy of note,
if strengthened by corroborating testimony.
As the mouuds aud other remains to be referred to are located in the
northwest part of North Carolina and the northern part of East Ten-
nessee, the first point to be established is that the Cljerokees did actu-
ally, at some time, occupy this region.
In the first place, it is well known that they claimed all that portion
of the country east of Clinch Eiver to and including the northwest part
of North Carolina, at least to the Yadkin, a claim which was conceded
by the whites and acted on officially by State and national authority
and denied by no Indian tribe.
'Memoirs of the Kentucky Geological Survey, Vol. II.
THOMAS.) THE CHEROKEES AS MOUND-BUILDERS. 89
. Haywood expressly states that' —
(he Clierokees were firmly established on the Tennessee River or Hogohega [th«
Hoislou] before the year 16>0, and had dominion over all the conntry on the east
side of the Alleghany Mountains, which includes the headwaters of the Yadkin, Ca-
tawba, Broad River, and the headwaters of the Savannah —
a statement borne out by the fact that, as hite as 1756, when the En-
glish built Fort Dobbs on the Yadiiin, not far from Salisbury, thej
first obtained the privilege of doing so by treaty with Attacullaculla,
the Cherokee chief.^
Haywood asserts,' upon what authority is not known, that —
before the year 1C90 tlio Cherokees, who were once settled on the Appomattox Kiver,
in the neighborhood of Mouticello, left their former abodes and came to the west.
The Powhataus are said by their descendants to have been once a part of this nation.
The probability is that migration took place about, or soon after, the year UVA-i, when
the Virginians suddenly and unexpectedly fell upon the Indians, killing all they
could lind, cutting up and destroying their crops, and causing great numbers to per-
ish by famine. They came to New River and made a temporary settlement, and also
on the head of the llolston.
That they formerly had settlements on New Kiver (Upi)er Kanawha)
and on the Holston is, as I believe, true, but that they came from the
vicinity of Mouticello and the j^ppomattox Eiver, were connected with
the Powhataus, or first appeared in Tennessee in 1032, cannot be be-
lieved. First, because Jefferson makes no mentiou of their octtu-
pancy of this part of Virginia ; on the contrary, he locates them in the
"western part of North Carolina."' Secondly, because John Ledercr,
who visited this region iu IGOO-'TO, speaking of the Intlians of the
"Apalatean Mountains," doubtless the Cherokees, as he was at that
time somewhere in western North Carolina, says: "The Indians of
these parts are none of those which the English removed from Virginia;
these were far more rude and barbarou.', I'eeding only upon raw flesh
and fish, until these taught them to sow corn and showed them the use
of it.'" Thirdly, because it is evident that they were located iu sub-
stantially the same territory when De Soto passed through the northern
part of Georgia, as it is now admitted that the " Chelaques" or "Acha-
laques" mentioned by the chroniclers of his ill-starred exi)eilition were
the Cherokees. That they extended their territory a cousiderable dis-
tance farther southward after the time of the Adelantado's visit can be
easily demonstrated, but it is unnecessary for me to present the ]>roof
of this assertion at this time, as I presume it will be admitted.
Their traditions in regard to their migrations are uncertain and some-
what conflicting, still there iiie a few items to be gleaned froia them,
which, I think, may be relied upon as pointing iu the proper direc
tiou. The first is, the positive statement that they formerly had a
'Natural and Aboriginal History of Tennessee, p. 225.
= Ramsey. Annals of Tennessee, p. 51.
^Natural and Aboriginal History of Tennessee, p. 223.
'Discoveries, etc., p. 3, London edition, 1672.
90 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
settlemeiit, or were settled on or near the iN^olieluicky ; the second isf,
that they were driven from some more northern section by tlieir ene-
mies; and third, tlieir constant and persistent claim that, of ri<;ht,
the country about the headwaters of the Holstou and eastward into
^N'orth Carolina belonged to them.
From all the light, therefore, that I can obtain on this subject, I am
satished the Chcrokees had at some time in the past moved south-
ward from a more northern location than that which they were found
occupying when llrst encountered by the whites. Tiiis corresponds with
one of their traditions given by Haywood, that they formerly dwelt
on the Ohio and built the mounds there. That they di<l at one time
actually occupy the section in which tiie mounds we allude to are situ-
ated cannot be doubted.
Turning now to the mounds of East Tennessee and North Carolina,
to which allusion has been made, let us see what testimony they furnish
on the point now under discussion.
The particular works to which we refer are those located in Caldwell
County, Xorth Carolina, and Sullivan County, East Tennessee, descrip-
tions of which have been given.
Although we cannot say positively that no other tribe occupied this
particular section between 1540 and 1C90, still the evidence and indi-
cations leading to that conclusion are so strong as to justify us in assum-
ing it. We find their frontiers on the borders of Georgia in 15-tO ; we can
trace back their settlements on the Iliawassee to a period preceding 1C52.
We have evidence tbat the settlements on the Little Tennessee were
still older, and that even these were made subsequent to those on the
Nolichucky. We have their own tradition, as given by Lederer, that
they migrated to this region about the close of the thirteenth century
from a more northern section; and, finally, tlieir uniform and persistent
statement, from the time first encountered by Europeans, that when
they came to this region they found it uninhabited, with the exception
of a Creek settlement on Ihe lower Iliawassee. This clearly indicates
a movement southward, a fact of much importance in the study of this
somewhat abnormal tribe.
If, therefore, we can show that these mounds, or any of the typical
ones, were constructed since the discovery of America, we have good
reason to believe that they are to be attributed to the Cherokees, not-
withstanding their statement to Bartram that they did not build the
one at Cowe.
At the bottom of one of the largest mounds found in this region, the
T. F. Xelsou triangle heretofore described, and by the side of the skel-
eton of the principal personage interred in it, as shown bj'the arrange-
ment of the bodies of those buried with him, and by the ornaments and
imi)lenieuts found with him, were discoveied three pieces of iron. That
one of the pieces, at least, is part of an implement of European manu-
facture, I think no one who examines it w ill doubt (see Fig. 31). It ap-
THOMA6.] THE CHEROKEES AS MOUND-BUILDERS. 91
pears to be part of a sword blade or the blade of a large knife. Another
of the pieces is apparently a large awl or punch, a i)art of the deer-horn
handle yet remaining attached to it. A chemical examination made by
Professor Clarke, chemist of the United States Geological Survey,
shows that these were not made of meteoric iron.
That these cannot be attributed to an intrusive burial is evident from
the following facts: First, they were found at the very bottom of the
pit, which had been dug before depositing the bodies ; scond, they were
found with engraved shells, celts, and other relics of this character; and
Ihird, they were deposited with the princip'al personage who had been
buried in the mound.
In the same mound and under the same circumstances some large
copper beads or cylinders were also found. A careful examination of
tliese si)ecimens shows, as I think very clearly, that the copper plate
of which they were made was not manufactured by any means at the
command of the Indians or the more civilized races of Mexico or Cen-
tral America, as it is as smooth and even as any rolled copper; more-
over, the beads appear to have been cut into the proper shape by some
metallic instrument. If this supposition be correct {and I believe an
inspection of the specimens -will satisfy any one that it is), it certainly
indicates contact with civilized people If so, then we have positive
prcmf that this mound was made subsequent to the discovery of Amer-
ica by Columbus and in all probability after the date of De Soto's expe-
dition in 15-10.
As I have shown that the Cherokees alone inhabited this particular
section from the time of De Soto's expedition until it was settled by
the whites, it follows that if the mound was built subsequent to that
date it must have been by the Cherokees. The nearest neighbors of
this tribe on the east, at the time the whites came in contact with them,
were the Tuscaroras. We learn from John Lederer, who visited them
in IGTO, on his return from the Cherokee country, that they were in the
habit of "decking themselves very line with pieces of bright co])per in
their hair and ears and about their neck, which, upon festival occasions,
they use as an extraordinary bravery.'" While it is well known that
these two tribes were brought into contact with each other through being
constantly at war, until the lat'er removed to the north and joined the
Five Nations, it is more likely that these articles of Euroi)ean workman-
ship were obtained chiefly from the Spaniards, who, as is now known,
worked the gold mines in northern Georgia at an early date. We learn
from Barcia's "Ensayo Cronologico"^ that Tristan de Luna, who, in
1559, went in search of the mines of "Coza" (the name by which the
region of northern Georgia was then known), succeeded in reaching
the region sought, and even heard, while there, of the negro Robles,
who was left behind by De Soto. When John Lederer reached the
borders of Georgia the Spaniards were then at work at these mines,
' DiscDVfiies. LoihIihi i-ditinn, )i. yO. -Pages 33-39.
92 IHIRIAL MOUNDS OF THE NORTHERN SECTIONS
whicli fact, iis lie informs us, checked Lis further advance, as he feared
he might be made a captive by them. As fiirthir and conclusive evi-
dence of this, we have only to state that the remains of their cabins in
the vicinity of the mines were found in 1834 with trees from 2 to 3 feet
in diameter growing over them. The old shafts were discovered in
which they worked, as also some of the machinery they used.' Be
this supposition correct or not, if the articles we have mentioned were
of European workmanship, or if the material was obtained of civilized
people, we must take lor granted, until evidence to the contrary is pro-
duced, that the mound in which they were found was built after the
couimencenient of tlie sixteenth century, hence bj' Indians, and in all
probability by the Cherokees.
Our nest argument is the discovery in the ancient works of this region
of evidences that the habits and customs of the builders were similar
to those of the Cherokees and some of tlu>. imnu'diately surrounding
tribes.
I have already alluded to the evidence found in the mound ojtcned by
Professor Carr, that it had once suisported a building similar to the
council house observed by Bartram on a mound at the old Cherokee
town, Cowe. Both were on mounds, both were circular, both were
built on i)osts set in the ground at equal distances from each other, and
each had a central pillar.
As confirming this statement of Bartram, we are informed in liaiu-
sey's Annals of Tennessee^ that when Colonel Christian marched
against the Cherokee towns, in 177G, he found iu the center of each " a
circular tower rudely built and covered with dirt, 30 feet iu diameter,
and about 20 feet high. This tower was used as a council house and as
a place for celebrating the green corn dance and other national cere-
monials." Lawson, who traveled through North Carolina iu 1700, says :^
"They [the Indians] oftentimes make of this shell [alluding to a cer-
tain large sea shell] a sort of gorge, which they wear about their neck
in a string, so it hangs on their col lar, whereon is sometimes engraven a
cross or some odd sort of figure which comes next in their fancy." Bev-
erly, speaking of 'the Indians of Virginia, says:* "Of this shell they
also make round tablets of about 4 inches iu diameter, which they pol-
ish as smooth as the other, and sometimes they etch or grave thereon
circles, stars, a half-moon, or any other figure, suitable to their fancy."
Now it so happens that, iu the same mound iu which the iron speci-
mens before allyded to were found, and in other mounds in the same
section, the Bureau assistants discovered shell ornaments precisely of
the character described by these old writers. Some of them were smootli
and without any devices engraved ou them, but with holes for insert-
' Jones, Soutbeiu Inilians, p. 18.
^ Page 169.
'History of C'arolin.a, Raleigh. lepriut, 18.^0, p. 31.5.
■* History of Vir};ini.a, Loudon, 17(J5, p. 58.
...OMAR.] THE CHEROKEES AS MOUND-BUILDERS. 'j'd
ing the strings by which they were to be held in position ; others were
engraved with figures which woukl readily be taken for stars and half-
inoous, and one among tlie number had a cross engraved on it. The
testimony in- this case that these relics were the work of the Indians
found in possession of the country at the time of the discovery is, there-
fore, too strong to be put aside by mere conjectures or inferences. If
the work of the Indians, then they must have been used by the Chero-
kees and buried with their dead. The engraved figures are strangely
uniform, indicating some common origin, but the attempt to trace this
Is foreign to our present purpose. In these mounds were found a large
number of nicely carved soapstoue pipes, usually with the stem made
in connection with the bowl, though some were without this addition,
cousistiug only of the bowl, with a hole for the insertion of a cane or
wooden stem.
By turning to Adair's "History of the Nortli American Indians,"'
we find the following statement:
They [the Indians] make beautiful stone pipes, aud tlie Cherokees the best of anj
of the Indians, for their uioiintaiiions country contains many different sorts and colors
of soils jiioper for such uses. They easily form them with their tomahawks, .and
afterwards finish them in any desired form with their knives, the pipes being of a
very soft quality till they are smoked with and used with the fire, when they become
<|uite hard. They are often a full span long, and the bowls are about lialf as long
again as those of our English pipes. The fore part of each commonly runs out, with
a sharp peak two or three fingers broad and a quarter of an inch thick.
Not only weri' pipes made of soapstone found in these mounds, but
two or three were obtained precisely of the form mentioned by Adair,
with the fore part running out in front of the bowl ; and another of the
same form has been found in a mound on the Kanawha, which is at
least suggestive. Jones says:-
It has been more than hinted by at least one person -nhose statement is entitled to
every belief, that among the Cherokees dwelling in the mountains there existed
certain artists whose professed occupation was the manufacture of stone pipes, which
were by tlieni transported to the coast and there bartered aw.iy for articles of nso
and ornament foreign to aud highly esteemed among the members of their own tribe.
This not only strengthens our conclusion, drawn from the presence
of such pipes in the mouiuls alluded to, but may also assist in explain-
ing the presence! of the copjier ornaments in them. The writer last
quoted says:'
Copper implements are rarely found in Georgia. The present [a eoi)per ax] is tha
finest specimen which, after no mean search, has rewarded our investigations. Na-
tive copper exists in portions of Cherokee Georgia, Tennessee, North Carolina, and
Alabama, but it is generally found in combination with sulphur and not in malleable
form. We are not aware of any locality among those enumerated whence the In-
dians could have secured that metal either in quantity or purity sufficient to hare
enabled them to itannfacture this implement.
'Page 423. -Antiquities of the Southern Indians, p. 400. 'Page 228.
94 HURIAL MOIJNDS OF THE NORTHERN SECTIONS.
Adair says : '
From the time we Nii])|ilicd them with our European ornaments they have used
brass and silver ear-rings and fiuger-rings ; the youuy warriors 710 w freiiuently fasten
hell-buttons or pieces of tinkling brass to their moccasins.
From these facts 1 am inclined to believe that most of the copper used
by them was obtained directly or indirectly from the whites, and hence
subsequent to the discovery of America. But should this suii])osition
be erroneous, the fact still remains that the Cherokees were in the habit
of using- just such ornaments as we find in these mounds.
As showing that the Europeans began to trade copper to the Indians
at a very early day, I call attention to a statement made by Beverly in
his " History of Virginia."- Speaking of a setthMneiit made at Pow-
hatan, six miles below the falls of James liiver, in 10()'.>, he says it was
"bought of J-'owhatan for a certain quantity of copper."
By reference to Smith's History and the narratives of the early ex-
plorers we find that the amount of sheet copper traded to the Indians
and taken by them from wrecks was quite large.
But we are not yet through with the items under tliis class of testi-
mony.
Haywood, in his "Natural and Aboriginal History of Tennessee,'"
says:
Mr. Brown, a Scotchman, came into the Cherokee Nation iu the year 17(il and settled
ontheHiawas-seeKiverornearit. He saw on the Hiawassee and Tennessee the remains
of old forts, about which were axes, guns, hoes, and other metallic utensils. The In-
dians at that time told him that the French had formerly been there acd built these
forts.
I am fully iiware that this author indulges in some extravagant spec-
ulations ; still, so far as I have tested his original statements I have
generally found them correct. During the year 1SS.3 one of the assist-
ants of the Bureau was sent to tiiis particular region, which is too
limited to allow the question of locality to be raised. An overflow and
a change in the channel of the river brought to light tlie remains of old
hal)itations and numerous relics of the people ^^■ho formerly dwelt there.
Moreover, this was in the precise locality where tradition located a
Cherokee tow7i. Digging was resorted to in order to complete what
the M'ater had begun.
Now let me mention some of the things obtained here :
Ten discoidal stones, precisely like those from the mounds of Cald-
well County, North Carolina.
Nine strings of glass beads.
A large number of shell beads exactly like those from the mounds.
A number of flint arrow-points.
One soapstone pipe.
Some pieces of smooth sheet-copper.
' History of North America. 'Page 19. " Page 324.
Tii..MAs,l THE CIIEROKEES AS M0UNU-BUI1.DERS. 95
Three conical copper ear-peudants.
Three buttons of modern type.
One small brass gouge.
Fragments of iron articles belonging to a bridle.
One bronze sleigh-bell.
One stone awl or drill.
Fragment of a soapstone pot.
One soapstone gorget.
Several polished stone celts of the same pattern as those found in the
North Carolina mounds.
Grooved stone axes.
A piece of sheet lead.
This admixture of articles of civilized and savage life confirms the
statement made by Haywood, at least so far as i-egards the early
presence of white people in this section. It follows from what has been
presented that the Indians must have been Cherokees, and the fact that
the implements and ornaments of aboriginal manufacture found here
are throughout i)recisely like those found in the mounds before men-
tioned affords a very strong proof that they were built by the Chero-
kees.
It is worthy of notice that close by the side of this washout stands
a mound. Permission to open it has not yet been obtained.
Returning to our mounds, we note that a large number of stones, evi-
dently used for cracking nuts, were found in and about them ; some
charred acorns, or nuts of some kind, were also found in them. We
have only to refer to Adair and other early writers to see how well the
indications agree with the customs of the Cherokees.
According to the Cherokee tradition, theyfounda settlementof Creeks
on the Lower Hiawassee, when they reached that region, and drove
them away. Ramsay expresses the opinion iu his Annals of Tennes-
see, on what authority is not known, that this was a Uchee settlement.
Hence the southern boundary of their possessions, at this early date,
which must have been before the time of De Soto's expedition, was
about the present northern boundary of Georgia. That their borders,
at the time of De Soto's march, extended into northeastern Georgia is
proved by the chroniclers of his expedition, but that they did not reach
as far south as Bartow County can be shown from one somewhat sin-
gular circumstance, which, at the same time, will furnish strong reasons
for believing that the authors of the works immediately south of this
boundary could not have built flie mounds we have been considering.
It will be admitted, I presume, by every one, that the people over
whom the famous cacique of Cutifacliiqui reigned could not have been
Cherokees; yet her territory included Xuala, probably in i!^acooehee
valley, and extend(>d westward well toward Guaxule on the headwaters
of the Coosa, hut that the latter was not within the territory of her tribe
is expressly stated by Garcilasso de la Vega. I think it may be safely
assumed that her x^eople were Creeks ; and, if so, that the people of
96 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
GiKixuk', who, as we judge from the chroniclers of De Soto's expedi-
tion, were mouud-builders, belonged to another distinct tribe.
Garcilasso, who is our authority in reference to the first point now to
be considered, says:
La casa estava eu \n\ cerro alto, coiiio dv utras semejautes liemos dicho. Tenia
toda ella al dcrredor uu paseadero (jiie podiau pasearse pqr el seis hombrcs juntos.'
The house was on a high liill (mound) similar to others we have already mentioned.
It had all round about it a roadway on which six men could walk abreast.
Tills langua.^■e is peculiar, and, so far as I am aware, can apply to no
other mound in Georgia than the large one near (Jartersville. The
words "similar to others we have mentioned," are evidently intended
tu signify that it was artificial, and this is conceded by all who have
noted the passage. The word "alto" (high), in the mouth of the ex-
plorers, indicates something more elevated than the ordinary mounds.
The roadway or passageway (paseadero) "round about it" is jieculiar,
and is the only mention of the kind by either of the three chroniclers.
How is it to be explained ?
As Garcilasso wrote from inforuuxtion and not from personal observa-
tion he often failed to catch from his informants a correct notion of the
things described to him ; this is frequently apparent iu his work where
there is no reason to attribute it to his vivid imagination. In this case
it is clear he understood there was a terrace running entirely around
the mound, or possibly a roadway around the toi) outside of a rampart
or stockade.
But as neither conclusion could have been correct, as no such terrace
has been found in any part of this region, and a walk around the sum
niit would have thwarted the very design they had in view in building
the mound, what was it Garcilasso's infoiniants saw ? 0. C. Jones says
" a terrace," but it is scarcely possible that any terrace at the end or
side of a southern mound, forming an apron-like extension (which is
the only form found there), could have been so described as to convey
the idea of a roadway, as the mode of estimating the width shows
clearly was intended.
The broad way winding around and up the side of the Etowah mound
(Fig. 39) appears to answer the description better than asy other iu
Fig. 30. — Large mound of Ktowah ;:r()n]i. lluitow Count.v, CU^orgia.
Georgia. It is a large mound, high, and one that would doubtless at-
tract the attention of the Spanish soldiers; its dimensions indicate that
' History of Florida, edition 1723, Lib. Ill, Cap. XX, p. 139, and edition of 1605.
THOMAS. I
ETOWAH MOUNDS, GEORGIA.
97
the tribe by which it was built was strong in numbers and might easily
send fortli five hundred warriors to greet the Spaniards. The locality
is also within the limits of De Soto's route as given by the best author-
ities; and lastly, there is no other mound within the possible limits of
his route which will in any respect answer the description. As Garcil-
lasso must have learned of this mound from his informants, and has de-
scribed it according to the imi)ressiou conveyed to his mind, we are
justified in accepting it as a statement of fact. I am, therefore, satis-
fied that the work alluded to is none other than the Etowah mound
near Cartersville, Georgia, and that here we can point to the spot where
the unfortunate Adelantado rested his weary limbs and where the em-
bassadors of the noted cacique of Cutifachiqui delivered their final
message.
Kecently the smallest of the three large mounds of this group was
opened and carefully explored by Mr. liogan, one of the Bureau assist-
ants. As the result will be of much intei'est to archasologists aside
from the question now under discussion, although belonging to the
southern type of burial mounds not discussed in this paper, I will
venture to give a description of its construction and contents as a means
of comparison and as also bearing somewhat on the immediate question
under discussion. This mound is the one marked c in Jones's plate ; '
also c in Colonel Whittlesey's figure 2.^ A vertical section of it is given
Fig. 40.— Vertical section, small moxiud. same gronp.
in Fig. 40. The measurements, as ascertained by Mr. Kogan, are as fol-
lows : Average diameter at the base, 120 feet ; diameter of the level top,
60 feet; height above the original surface of the ground, 16 feet. The
form is more nearly that of a truncated cone than represented in the
figures alluded to.
The construction was found, by very thorough excavation, to be as
follows: the entire surrounding slope (No. 4, Fig. 40) was of hard, tough
red clay, which could not have been obtained nearer than half a mile ;
the cylindrical core, 60 feet in diameter and extending down to the
original surface of the ground, was composed of three horizontal layers;
the bottom layer (No. 1) 10 feet thick, of rich, dark, and rather loose
loam; the next (No. 2) 4 feet thick, of hard, beaten (or tramped) clay,
'Jones's Antiquities of the Southern Indians, Chap. VI, PI. I.
-Siiiithsouian Report 1880, p. 624.
5 ETH 7
98
BURIAL MOUNDS OF TPIE NORTHERN SECTIONS.
SO tough and hard that it was difficult to penetrate it even with a pick;
and the uppermost (No. 3) of sand and surface soil between 1 and 2
feet thick. A trench was dug from opposite sides to the central core ;
and when the arrangement was ascertained, this central jwrtion was
carefully explored to the original surface of the ground.
Nothing was found in the layer of clay (Xo. 2) except a rude clay
pipe, some small shell beads, a i)iece of mica, and a chunkee stone. The
burials were all in the lower layer (Xo. 1), of dark rich loam, and chiefly
in stone cists or coffins of the usual box-shape, formed of stone slabs,
and distributed horizontally, as shown in P^ig. 41, which is a plan of
this lower bed.
According to Mr. Rogan's field-notes, the form and contents of these
graves and the mode of burial in them were as follows:
Grave <(, Fig. 11. — A stone sepulclier, 2i feet wide, 8 feet long, and
2 feet deep, formed by placing steatite slabs on edge at the sides and
Fig. 41. — rian of hurials in small inuuiid
ends, and others across the top. The bottom consisted simply of earth
hardened by lire. It contained the remains of a single skeleton, lying
on its back, with the head east. The frame was heavy and about 7 feet
long. The head was resting on a thin copper plate, ornamented with
stamped figures; but the skull was crushed and the plate injured by
fallen slabs. Under the copper were the remains of a skin of some
kind; and under this, coarse matting, jn-obably of split cane. The skin
and matting were both so rotten that they could be secured only in frag-
TH0MA6.J ETOWAH MOUNDS, GEORGIA. 99
ineuts. At the left of the feet were two clay vessels, one a water-bottle,
and the other a very small vase. On the right of the feet were some
mussel and sea-shells; and immediately under the feet two couch-shells
{Busyconperversum), jmrtially filled with small shell beads. Around each
ankle was a strand of similar beads. The bones and most of the shells
were so far decomposed that they could not be saved.
Grave h. — A stone sepulcher, i\ feet long, 2 feet wide, and li feet
deep, differing from a only in size and the fact that the bottom was
covered with stone slabs. The skeleton was extended on the back,
head east. On the forehead was a thin plate of copper, the only article
found.
Grave c. — A stone sepulcher, 3i feet long, li feet wide, and Ih deep;
the bottom being formed of burnt earth. Although extending east
and west, as shown in the figure, the bones had probably been interred
without regard to order and disconnected, the head being found in
the northeast corner with face to the wall and the remaining portion
of the skeleton in a promiscuous heap. Yet there was no indication of
disturbance after burial as the coffin was intact. Between some of the
bones was found a thin plate of copper that had been formed by uniting
and riveting together smaller sections. Some of the bones fouud in
this grave were saved.
Grave d. — A small sepulcher, lifeet square by 1 foot deep, con-
tained the remains of an infant, also a few small shell beads. The
slabs forming the sides and bottom of this grave bore very distinct
marks of Are.
Grave e. — Simply a headstone and footstone, with the skeleton of
a very small child between them ; head east. On the wrists were some
very small shell beads. The earth on the north and south sides had
been hardened in order to form the walls.
Grave /. — Stone sepulcher, 6 feet long, 3 feet wide, and ]| feet deep,
with stone in the bottom ; skeleton with the head north. There was
a lot of copper about the head, which, together with the skeleton, was
wrapped in a skin. The head rested on a large conch-shell (Busycon
jjeri'prs»H()) aiid this on the remains of a coarse mat. Shell beads were
found around the neck, each wrist, and ankle. On the right was a
small cup, and on the breast an engraved shell. The copper had pre-
served a portion of the hair, which was saved ; portions of the skin and
matting were also secured.
Immediately under b was another stone grave or coffin, 3 feet long,
U feet wide, and as deep, extending north and south. The head of
the skeleton was toward the north, but the feet were doubled back un-
der the frame in order to get it in the allotted space. The only things
found with this skeleton were some beads around the neck.
At g the remains of a child were found without any stones about
them. Some shell beads were around the neck and wrists and an en-
graved shell on the breast.
100
BUKIAL MOUNDS OF THE NORTHERN SECTIONS.
Graved. — A stone sepulcber, 1^ feet squafeaud 1 foot deep, stone
slabs on the four sides and top ; the bottom consisted simply ot
earth hardened by fire. This contained only a trace of bones and pre-
sented indications of at least partial cremation, as all around the slabs,
outside and inside, was a solid mass of charcoal and the earth was
burned to the depth of a foot.
Fig. 42. — Copper plate from Etowah mound Georgia.
Grave i. — A stone sepulcher, ij feet long, H feet wide, and as deep,
the bottom earth ; contained the remains of a skeleton restiiigon the back,
head north, aud feet doubled back so as to come within the coffin. On
the breast was a thin plate of copper, five inches square, with a hole
through the center. Around the wrists were beads, and about the
neck rather more than a quart of the same.
Atj were the remains of a small child, without stone surroundings;
COPPER PLATES I'ROM ETOWAH MOUND.
101
under tbe head was a piece of copper, and about the neck and wrists
were sliell beads.
These graves were not all on the same level ; the top of some being but
two feet bilow the clay bed ( No. 2), while others were from two to three
feet lower.
All the articles obtained iu this mound were forwarded at once to
the Bureau of Ethnology and are now iu the National JNIuseum. Ex-
amining them somewhat carefully since their reception, I find there are
Fig. 43. — Copper plate from Etowah mound. Georgia.
really more copper plates among them thau Mr. Rogan supposed, the
number and description being as follows :
1. A human figure with wings, represented in Fig. 42. This is 13
inches long and 9 inches wide. A portion of the lower part, as shown
by the figure, is wanting, probably some 3 or 4 inches. There is a break
across the middle, but not sufficient to interfere with tracing out the
design. A crown piece to the head ornament is also wanting.
2. Also a human figure, shown iu Fig. 43. Length, 16 inches; width,
7^ inches.
102
BURIAL MOUNDS OF THE NORTHERN SE. TIONS.
3. Fifjnre of a bird ; this is imperfect, as part of the bead and the outer
margin of the wiugs are wanting. Length, 13A inches ; width 7i inches.
This plate shows indubitable evidence of having been formed of smaller
pieces welded together, as the overlapping i)ortious can be easily traced.
It has also undergone repairs : a fracture commencing on the left mar-
gin and running irregularly half-way across the body has been mended
by placing a stri]) of copper along it on the under side and riveting it
to the main plate ; a small piece has also been riveted to the head and
the head to the body ; several other pieces arc attached in the same
way. The rivets are small and the work is neatly done.
4. An ornament or badge of some kind, siiown in Fig. 44. The two
crescent-shaped pieces are entirely plain, except some slightly impressed
lines on the portion connecting them with the central stem. This cen-
tral stem, throughout its entire length and to the width of six-tenths of
Fig. 44. — Copper b.idpo. from Etowah iiiound, Georgia.
an inch, is raised, and cross strips are placed at various points along
the under side for the purpose of inserting a slip of bone, a part of
which yet remains in it, and is seen in the figure at the break imme-
diately below the point where the oblique strips meet. This specimen
presents, as I believe, indubitable evidence that the workmen who
formed it made use of metallic tools, as the cutting in this case could
not jyossibly have been done with anything except a metallic implement.
A single glance at it is sufHcient to satisfy any one of the truth of this
assertion. Length of the stem, 9 inches ; width across the crescents, 7i
inches.
5. Part of an ornament similar to No. 4. These plates, especially No. 4,
appear to be enlarged patterns of that seen behind the head of Fig. 43.
THOMAS] ENGRAVED SHELLS FROM ETOWAH MOUND. 103
G, Au oruaineiit or Itadge, shown in Fig. 45, which Mr. Rogau, when
he found it under the head of the skeleton in graA'e a, was inclined to
consider a crown. It is imperfect, a narrow strip across the middle and
a portion of the tip being missing. As shown in the figure, it measures
Fio. 45. — Copper badge, from Etowah mound, Georgia.
around the outer border 19 inches and across the broad end 3J inches.
The six holes at the larger end, in which the remains of strings c;in be
detected, indicate that when in use it was attached to some ]>()rtion of
the dress or fastened on a staft'.
Fig. 46. — Engraved shell from Etowah mound, Georgia.
7. A fragment from the larger end of a piece similar to the preceding.
Attached to this is a piece of cloth.
104 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
In addition to the foregoing, there are a number of small fragments
probably broken from these phites, but, so far, 1 have been unable to fit
them to their proper places.
These plates and the ones mentioned below are very thin, and as
even and smooth (except as interrupted by the figures) as tin plate.
The figures are all stamped, the lines and indentations being very sharp
and regular.
An examination of what Mr. Rogan calls a skin shows beyond ques-
tion that it is animal matter. The matting he speaks of appears to be
made of split canes.
The shell represented in Fig. 40 is the one obtained in grave g. The
one shown in Fig. 47 is that found in grave/.
Fig. 47. — Engraved shell from Etowah mound, Georgia.
I shall at present simply call attention to one or two facts which ap-
pear to bear upon the age and distribution of these singular specimens
of art.
First. We notice the fact alluded to by Mr. Holmes,' which is
apparent to every one who inspects his accurately drawn figures, that
in all their leading features the designs themselves are suggestive of
Mexican or Central American work. Yet a close inspection brings
1 Science, April 11, 1884.
COPPER PLATES FROM ILLINOIS.
105
to light one or two features wliich are anomalies in Mexican or Central
American designs; as, for example, in Figs. 42 and 43, where the wings
are represented as risin;/ from the back of the xhoulders, a fact allnded
to by Mr. Holmes.' Although we can find numerous figures of winged
individuals in Mexican designs (they are unknown in Central Ameri-
can), they always carry with them the idea that the individual is partly
or completely clothed in the skin of the bird. This is partially carried
out in our copper plate, as we see by the bird-bill over the head, the eye
being that of the bird and not of the man. But when we come to the
wings we at once see that the artist had in mind the nngel figure, with
wings arising from the back of the shoulders, an idea wholly foreign to
Mexican art. It is further worthy of note in regard to these two plates
that there is a combination of Central American and Mexican designs :
the graceful limbs, and the ornaments of the arms, legs, waist, and top
of the head are Central American, and the rest, with the exception
possibly of what is carried in the right hand, are Mexican.
That these plates are not the work of the Indians found inhabiting
the southern sections of the United States, or of their direct ancestors,
I freely concede. That they were not made by an aboriginal artisan of
Central America or Mexico of ante-Columbian times, I think is evident,
if not from the designs themselves, certainly from the indisputable evi-
dence that the work was done with hard metallic tools.
Second. Plates like those of this collection have only been found, so
far as I can ascertain, in northern Georgia and northern and southern
Illinois. The bird figure represented in Fig. 48 was obtained by Major
Fig. 48. — Copper plate from lllinoiB moiiud.
Powell, the director of the United States Geological Survey, from a
mound near Peoria, Illinois. Another was obtained in Jackson County,
Illinois, by Mr. Thing, from an ordinary stone grave. From another sim-
' Science, April, 1884.
106
BURIAL MOUNDS OF THE NORTHERN SECTIONS.
iiar grave, at the same place, lie also obtained the plate represented in
Fig. 49. Fragments of a similar plate were obtained by Mr. Earle from
a stone grave in a mound in Alexander County, Illinois. All these spec-
Kifi. 49.— Copper plate from ludiaa grave, Hlinoia.
imens were received by the Bureau of Ethnology and deiiosited in the
National Museum.
The box-form stone cists and the figures on the copper plates and
engraved shells differ so widely from the stone vaults and vestiges of
art found in the North Carolina and East Tennessee mounds as to for-
bid the belief that the works of the two regions were constructed by
one and the same people. The stone cists and to some extent the con-
struction of the mound appear to connect the authors with the mound-
builders and authors of the stone graves of the Cumberland Valley and
Southern Illinois, and several other facts, which we cannot now stop to
present, seem to strengthen this suggestion.
The presence of these stone cists in this mound of northern Georgia,
when coupled with tlie fact that similar stone graves are found in Hab-
ersham County, indicate a Shawnee or closely allied element where we
should expect to find only Creeks or some branch of the Chahta-Mus-
cogee family. This is a puzzle by no means easy of solution, but one
winch the scope of our pajier does not require us to discuss. Still, we
may add, that if our conclusions in regard to this group be correct,
we must believe that the large mound was built before De Soto reached
that region while the one explored was built afterwards. Some facts
brought to light by the recent discovery of a cemetery within the area
inclosed by the ditch, which I have for some years believed would be
found, and for which I caused search to be made, appear to sustain
these conclusions, and to indicate that two difl'erent peoples have occu-
pied this site and have had a hand in constructing or adding to these
works.
Whatever may be our conclusion in reference to these questions, I
think it will be conceded that the builders of these Etowah mounds be-
THOMAS.] ETOWAH MOUNDS NOT OF CHEROKEE ORIGIN. 107
longed to differeut tribes from those who erected the East Teunessee aud
North Carolina works, and hence, if we are right in regard to the latter,
the Etowah mounds were not built by the Cherokees. The important
bearing which this conclusion has upon the question under discussion,
as the reader will see, is that the mounds immediately outside of the
territory occupied by the Cherokees were built by a differeut people
from those who erected the works in that territory. Thus we see that,
judging by the mounds alone, immediately upon passing outside the
Cberokee country we encounter a different type of works. This fact,
therefoi'C, when taken in connection with the other evidence adduced,
becomes strongly corroborative of the view that the Cherokees were the
authors of the works in their territory.
CONCLUDING REMARKS.
Tbe results of our examination of the burial mounds of tbe northern
districts may be briefly summed up as follows :
First. That different sections were occupied by different mound-build-
ing tribes, which, tliough belonging to much the same stage in the scale
of civilization, differed in most instances in habil sand customs to a suffi-
cient extent to mark, by their modes of burial, construction of their
n unds, and tlieir works of art, the boundaries of the respective areas
occujiied.
Second. That each trihe adopted several diflerent modes of burial
depending, in all i)robability, to some extent upon the social condition,
osition, and occupation of the deceased.
Third. That the custom of removing the flesh before the final burial
prevailed very extensively among the mound-builders of the northern
sections. The bones of the common people being often gathered to-
gether and cast in promiscuous heaps, over which mounds were built.
Fourth. That usually some kind of religious or superstitious ceremony
was performed at the burial, in which Are played a prominent piirt.
That, notwithstanding the very commou belief to the contrary, there is
no evidence whatever that human sacrifice was practiced.
Fifth. That there is nothing found in the mode of constructing these
mounds, nor in the vestiges of art they contain, to indicate that their
builders had reached a higher culture-status than that attained by some
of the Indian tribes found occupying the country at the time of the
first arrival of Europeans.
Sixth. That the custom of erecting mounds over the dead continued
to be practiced in several localities in post-Columbian times.
Seventh. Tliat the character and condition of the ancient monuments,
and the relative uniformity in the culture status of the different tribes
shown by the works and the remains of art found in them, indicate
that the mound building age could not have continued in this part of
the continent longer than a thousand years, and hence that its com-
mencement probably does not antedate the fifth or sixth century.
Nothing has been found connected with them to sustain or justify the
opinion, so frequently advanced, of their great antiquity. The calcu-
lations based upon the supposed age of trees found growing on some
of them is fast giving way before recent investigations made in regard
to the growth of forests, as it has been ascertained that the rings of
trees are not a sure indication of age.
108
THOMAS.]
CONCLUSIONS. 109
Quatrefages may not be correct in fixing the date of tlie appearance
of the "Red skins" in the " basin of the Missouri " in the eighth or ninth
century,' but nothing has been found in connection with the ancient
works of this country, supposing the Indians to have been their au-
thors, to prove that he has greatly erred in his calculation. Other
races or peoples may have preceded the mound-builders in this region,
but better proof of this is required than that based on the differences
between the supposed paheolithic and neolithic implements of New
Jersey and other sections, as every tyi)e discovered can be duplicated
a hundred times in the surface finds from different parts of the country.
Eighth. That all the mounds which have been examined and care-
fully studied are to be attributed to the indigenous tribes found in-
habiting this region and their ancestors.
'The Human Species, English translation, p. 307.
SUPPLEMENTAL NOTE.'
BURIAL CEREMONIES OF THE HURONS. ^
Onr savaj^ps are not savages as regards the duties which nature herself requires us
to render to (he dead. They do not yield in this respect to several nations nuich more
civilized. You would say that all their labor and efforts were for scarcely anything
hut to amass means of honoring the dead. They have nothing too valuable for this
purpose; they devote to this use the robes, the hatchets, and the shell beads in such
quantities, that you would think to see them, on these occasions, that they were con-
sidered of no great value, and yet they are all the riches of the country ; you may
often see them in midwinter almost entirely naked, while they have good and fine
robes in their chests, which they are keeping in reserve for the dead ; this is, indeed,
theirpoint of honor. It is on this occasion especially that they wish to appear magnifi-
cent. But I 8i>eak here only of their peculiar funerals.
These good people are not like many Christians, who cannot suffer death to be spoken
of, and who, in a mortal sickness, hesitate to break the news to the sick one for fear of
hastening his death. Here, when the recovery of anj' one is despaired of, not only
do they not hesitate to tell him that his end is near, but they even prepare in his
presence all that is necessary for the burial ; they often show him the shroud, the
hose, the shoes, and the girdle which he is to wear ; frequently they are enshrouded,
after their custom, before they have expired, and they hold a feast of farewell to their
friends, during which they sing, sometimes without showing any apprehension of
death, which they regard very indifferently, considering it only as a change to a life
very little different from this. As soon as the dying man has drawn his last breath,
they arrange the body in the .same position that is to be preserved in the tomb ; they
do not lay it out horizontally, as is our custom, but crouched, like a ball (en peloton),
"quasi en la mesme posture que les enfants sont au ventre de la mere." Until this
time they restrain their mourning. After having performed these duties, all in the
cabin begin to utter sighs, groans, and lamentations; the children cry Aistan, if it is
their father, and the mother Aien, Aien, " My son, my son." No one seeing them thus
weeping and mourning would think that they were only ceremonial lamentations;
they blend their voices all in one accord and in a lugubrious tone, until some one in
authority calls for peace; at once they cease and the captain hastens to announce
through all Ihe cabins that such a one is dead. Upon the arrival of the friends they
resume their mourning. Frequently some one of moi^ ;3:portance will begin to speak
and will console the mother and the children, now extolling the deceased, praising
his patience, his kindness, his liberality, his magnificence, and, if he was a warrior,
his great courage ; now saying, " What do you wish ? there is no longer any remedy ;
it was necessary for him to die ; we are all subject to death;" and then, "He lingered
a very long time," &c. It is true that on this occasion they do not lack for conver-
sation ; I am sometimes surprised to see them discourse a long time on this subject,
and bring up, with much discretion, all considerations that may afford any consola-
tion to the friends of the deceased.
' Referred to on p. 71.
2 Translated from Relations des J^suites, 1636, pp. 128-139, by Miss Nora Thomas.
110
THOMAS,) BURIAL CEREMONIES OF THE HURONS. Ill
Notice is also given of this death to the friends who live in other villages, and as
each familj" employs another who has the care of their dead, they come as soon as
possible to give orders about everything and to fix the day of the funeral. They
usually inter the dead ou the third day ; in the morning the captain gives an order
that kettles shall be boiled for the deceased throughout the village. No one spares
his best etibrts. They do this, in my opinion, for three reasons : First, to console
each other, for they exchange dishes among themselves, and scarcely any one cats out
of the kettle that he has prepared ; secondly, on account of the arrival of those of
other villages, who often come in large numbers, lastly and principally, to gratify
the soul of the deceased, who, they think, takes pleasure in eating his share. All the
kettles being emptied, or at least distributed, the captain informs all the village that
the body is to be carried to the cemetery. All the people assemble in the cabin; the
mourning is renewed, and those who have charge of the funeral prepare a litter upon
which the body is i>laced, laid upon a mat and wrapped in a robe of beaver skin ;
they then raise it and carry it by the four corners. All the people follow in silence
to the cemetery.
There is in the cemetery a tomb made of bark and raised on four stakes of from 8
to 10 feet in height. While the body is placed in this and the bark is trimmed, the
captain makes known the presents that have been given by the friends. In this
country, as well as in others, the most agreeable consolations for the loss of relations
are always accompanied by presents, which consist of kettles, hatchets, beaver skins,
and necklaces of shell beads. If the deceased was of some importance in the coun-
try, not only the friends and neighbors but even the captains of other villages will
come in person to bring their presents. Now, all these presents do not follow the body
into the tomb ; a necklace of beads is sometimes placed on its neck and near it a comb,
a gourd-full of oil, and two or three small loaves of bread; that is all. A large part
of them goes to the relatives to dry their tears ; the rest is given to those who have
had charge of the funeral, to pay them for their trouble. They also keep in reserve
some robes or hatchets to make presents (largesse) to the young men. The captain
places in the hand of one of them a stick about afoot long, ottering a prize to anyone
who will take it from him. They throw them-selves headlong upon him and remain
engaged in the contest sometimes for an hour. After this each one returns peaceably
to his cabin.
I forgot to say that generally throughout the ceremony the mother or wife stands
at the foot of the sepulcher, calling the deceased, singing, or rather lamenting, in
mournful tones.
These ceremonies are not always all observed ; those who die in war they place
in the ground, and the relatives make presents to their patrons, if they have .any,
which is generally the case in this country, to encourage them to raise soldiers and
avenge the death of the warrior. Those who are drowned are also buried, after the
most fleshy parts of the body have been taken away in pieces, as I have explained
more particularly in speaking of their superstitions. The presents are doubled on
this occasion, and all the people of the country are often there, contributing from their
store ; all this, they say, is to appease the Heaven or the Lake.
There .are even special ceremonies for small children deceased under one or two
months; they are not placed as others, in sepulchers of bark raised on stakes,
but buried in the road, in order, they say, " que quelque femme passant par la, ils
entrent secr^tement en son ventre, et que derechef elle leur donne la vie et les en-
fante." I doubt that the good Nicodemus would have found much difficulty there,
although he doubted only for old men, " Quomodo potest homo nasci cum sit senex."
This beautiful ceremony took place this winter in the person of one of our little
Christians, who had been named Joseph in baptism. I learned it on this occasion
from the lips of the father of the child himself.
When the funeral is over the mourning does not cease: the wife continues it all the
year for her husband, the husband for the wife; but the grand mourning itself
112 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
lasts only ten days. During this time they remain lying on their mats wrapped in
their robes, with their faces against the earth, without speaking or replying to any-
thing, save Cbaii, to those who come to visit them. They do not warm themselves in
winter or eat warm things; they do not go to the feasts nor go out, save at night, for
what they need; they cut a lock of hair from the back of the head and declare that
it is not without deep sorrow, especially when the husband performs this ceremony
on the death of his wife, or the wife on the death of her husband. Such is the great
mourning.
The lesser mourning lasts all the year. When they wish to visit any one, they do
not salute them nor say Ctiai/, neither do they grease their hair. The women do this,
however, when commanded to do so by their mothers, who have at their disposal their
hair, and even their persons. It is also their privilege to send their daughters to the
feasts, without which several will not go. What I think strange is that during the
whole year neither the wife nor the husband marries again, else they would cause
themselves to be talked about in the country.
The sepulchers are not perpetual, as their villages are only permanent for some
years, as long as the wood lasts. The bodies remain in the cemeteries only until the
feast of the dead, which usually takes place every twelve years. During this time
they do not neglect to honor the dead often. From time to time kettles are boiled for
their souls throughout the village, as on the day of the funeral, and their names are re-
vived as often a.s possible. For this i)urpo8e presents are given to the captains to be
given to him who will consent to take the name of the deceased ; and if the latter was
of consideration and had been esteemed in the country during his life, he who repre-
sents him, after giving a grand feast to all the people of the country, to introduce him-
self under this name, raises a body of free young men and goes to war to accomplish
some brave feat which will show to the nation that he has not only inherited the name
but also the bravery and courage of the deceased.
THE SOLEMN FEAST OF THE DEAD.
The feast of the dead is the most celebrated ceremony that takes place among the
Hurons. They give it the name of festival for the reason, as I should say now, that
when the bodies are taken from the cemeteries each captain makes a "feast to the
souls" in his village. The most important and magnificent is that of the master of
the feast, who is for this reason called, par excellence, the " Maistre du Festin."
This feast is full of ceremonies, but the chief one is evidently that of " boiling
the kettle." This outdoes all the others, and the festival of the dead is spoken of,
even in the most serious councils, only under the name Chaudiere (the kettle). They
appropriate to it all the terms of cookery, so that when they speak of hastening or
retarding the feast they say " rake out " or " .stir up the tire under the kettle ; " and
when anyone says "the kettle is overturned," that means there will be no feast.
There is generally only one festival in each nation. All the bodies are placed in
the same grave. I say generally, for this year when the ffete des Morts took place the
kettle-boiling was divided and five villages at this point where we are stationed
made a separate band and placed their dead in a separate grave. He who had been
captain of the preceding feast, and who is like the chief at this point, made the ex-
cuse that his kettle and his feast had been spoiled and that he was obliged to make
another. But, in fact, this was only a pretext. The real reason of this separation
is that the great heads of the village have complained for a long time that tlie others
took everything to themselves, that they did not share as they wished the knowledge
of the affairs of the country, and that they were not called to the most secret and im-
portant councils and to the division of the presents.
This separation has been followed by distrust on both sides. God grant that it
cause no hindrance to the spreading of the sacred Gospel. But I must touch briefly
upon the order and the events of the feast.
The twelve years or more having expired, the old people and great men of the na-
THOMAs.J BURIAL CEREMONIES OF THE UURONS. 113
tion assemble to decide upon the time when the feast shall be held, so as to satisfy
all the people of the country and the outside nations who are to be invited.
When the decision is made, as all the bodies are to be transported to the village
where the common grave is made, each family takes charge of its dead with a care
and affection that cannot be described. If they have relatives buried in any part of
the country whatever they spare no trouble to go and bring them. They take them
from the cemeteries, carry them on their own shoulders, and cover them with the
finest robes they have in their possession. In each village a good day is chosen, and
they repair to the cemetery, where those called Aiheonde, who have had the care of the
sepulcher, take the bodies from the tomb in the presence of the relatives, who renew
their tears and repeat the mourning of the day of the funeral.
I was present at this ceremony, and willingly invited all our servants, for I do not
think that there can be seen in this world a livelier image or more perfect representa-
tion of the condition of man.
It is true that in France our cemeteries speak forcibly, and that all these bones
heaped upon one another without distinction, the poor with the rich or the small
with the great, are so many voices continually reminding us of death, the vanity of
worldly things, and the insiguilicauce of this jiresent life. But it seems to me th;it
the custom of our savages on this occasion shows us still more sensibly our wretched-
ness, for after the graves are opened all the bodies are laid out on the ground and left
thus uncovered for some time, giving the spectators an opi)ortunity for once to see
what will he their condition some day. Some of the bodies are entirely devoid of
iiesh and have only a dry skin on the bones ; others appear as if they had been smoked
and dried and show scarcely any signs of decay. Others still are covered with worms.
The friends, being satisfied with this sight, cover them with handsome robes of
beaver-skin, entirely now. Finall}', after a while, they strip ofl" the flesh and tlie skin,
which they throw into the fire, together with the robes and mats in which the bodies
have been buried. The complete bodies of those newly buried are left in the same
condition and the friend.s content themselves with simplj' covering them with new
robes. They touched only one old man, of whom I have spoken heretofore, who died
this autumn ou the return from lishing. This large body had only begun to decay a
month ago, at the time of the first heat of spring ; the worms were swarming all over
it, and the pus which came from it caused an odor almost intolerable; nevertheless
they had the courage to take the body from the robe in which it was enveloped,
cleansed it as much as possible, took it up carefully and placed it in a new mat and
robe, and all this was accomplished without exposing any of this corruption. Is here
not a good example to animate the hearts of Christians, who should have more noble
ideas to deeds of charity and works of pity towards their brethren ? Afler this who
will look with horror upon the misery of a hospital ? And who will not feci a pecu-
liar pleasure in serving a sick man covered with wounds, in whose person ho serves
the Son of God ?
As they were stripping the bodies they found in two of them a species of charm.
The one that I saw with my own eyes was a turtle's egg with a leather strap
(courroye) : the other, which was examined by our fathers, was a small turtle the size
of a nut. This leads to the belief that there were sorcerers in our village, on account
of which some resolved to leave it as soon as possible. Indeetl, two or three days
after one of the richest men, fearing that some misfortune would befall hiin, trans-
ported his cabin two miles from us to the village of Arontaen.
Now, when these bones are well cleaned, part of them are placed in sacks, part in
blankets, and they carry them on their shoulders, covering these bundles with other
beautiful hanging robes. Entire bodies are put on a sort of litter and carried
with all the others, each one taking his bundle into his cabin, where every family
makes a feast to its dead.
Returning from this festival with a captain, who has considerable intelligence and
who will be some day of high standing in the affairs of the country, I asked him why
5 KTH — 8
114 BURIAL MOUNDS OF THE NORTHERN SECTIONS.
they called the bones of the dead Atisleii. He explained as clearly as he could, and
I learned from what he said that many believe that we have two sonls, both divisible
and material and yet both rational ; one leaves the body at death, but remains, how-
ever, in the cemetery until the feast of the dead, after which it either is changed into
a turtle-dove, or according to the more general belief, it goes immediately to the vil-
lage of sonls.
The other soul is attached to the body; it marks the corpse, as it were, and remains
in the grave after the feast, never to leave it, "si ce u'est que quelqu'vu I'eufante de
rechef." He mentioned to me, as a proof of this metempsychosis, the perfect resem-
blance which some persons bear to others who are deceased. Here is a grand phi-
losophy. This is why they call the bones of the dead Afhkeii, " the souls."
A day or two before departing for the feast tliey carried all these bodies into one of
the largest cabins of the village, where some of them were attached to the poles of
the cabin, and others laid around it, and the captain entertained and m.ade a grand
feast in the name of the deceased captain, whose name he bore. I was present at
this "feast of spirits," and observed four things in particular: First, that the offer-
ings which were given for the feast by the friends, and vfhich consisted of robes,
necklaces of shell beads, and kettles, were hung on poles extending the wiole length
of the cabin from one side to the other. Second, the captain sang the song of the dead
captain, according to the desire he had expressed before his death, that it should be
sung on this occasion. Third, all the guests had the privilege of dividing among
themselves all the good things they had brought, and even of carrying them home,
contrary to the custom at ordinary feasts. Lastly, at the close of the feast, as a com-
pliment to him who had entertained them, they imitated as they sang the cry of the
spirits, and left the cabin crying hae'iS ha^.
The master of the feast, and even Jnenlhiondic, captain-general of all the country,
sent to invite us several times with much solicitation. You would have thought
that the feast could not be a success without us. I sent two of our fathers several
days beforehand to see the preparations and to learn exactly the day of the feast.
Anenkhiondic received them very kindly, and on their departure conducted them
himself a quarter of a league from there to where the grave was dug, and showed
them with much display of emotion all the arrangenient.s, ifcc, of the feast.
This feast was to have taken place on the Saturday of Pentecost, but some aft'airs
which came up unexpectedly, and the uncertainty oPthe weather, caused it to be put
oft' until Monday.
The seven or eight days before the feast were passed in collecting the bodies (les
ftmes) asvrell as assembling the strangers who were invited ; meanwhile from morning
till night gifts were distributed by the living to the young men in honor of the dead.
On one side women were drawing the bow to see who should have the prize,
which was sometimes a girdle of porcupine quills or a necklace of beads ; on the other
hand, in several parts of the village the young men were drawing clubs upon any
who would try to capture them. The prize of this victory was a hatchet, some knives,
or even a beaver robe. Every day the remains were arriving. There is some pleasure
in seeing these funeral processions which number sometimes from two to three hun-
dred persons. Each one carries the remains of his friends, that is the boucs, packed
upon his back after the manner that I have described, under a beautiful robe. Some
arranged their packets in the shape of a man, decorated with strings of beads, with
a fine crown of red hiiir. On leaving their village the whole company cried hai4hai
and repeated this "cry of the spirits" all along the way. This cry, they say, com-
forts them greatly, otherwise their burdens, although souls, would weigh very
heavily and cause a weakness of the side (cost^) for the rest of their lives. They
travel by short stages ; the people of our village were three days in going four leagues
and in reaching Osnossane, which we call Eochelle, where all the ceremonies were to
be held. As soon as they arrive near any village they shout again the ha^^ ha^. The
whole village comes out to meet them ; many presents are again distributed on this
THOMAS.] BURIAL CEREMONIES OF THE HURONS. 115
occasion. Each one repairs to some one of the cabins; all iind a place to put their bnn-
dles ; this is done without confusion. At the same time the captains hold a council to
decide upon the time that the company shall spend in this village. All the bodies
of the dead of eight or nine villages were taken to Rochelle on Saturday of Pentecost ;
but the fear of bad weather obliged them, as I have said, to postpone the ceremony
till Monday. We were lodged a quarter of a league from there, at the old village,
in a cabin where there were at least a hundred skeletons hung up to the poles, .some
of which smelled stronger than musk.
Monday at midday, word was sent that they were ready and that the ceremony
would begin. The bundles of skeletons were at once taken down and the friends un-
folded the wrappings to say their last farewells. Their tears tlowed anew. I admired
the tenderness of one woman towards the remains of her father and chiUlren. She is
the daughter of a captain who died at a great age and who formerly occupied a high
position in the country. She combed his hair ; she touched the bones one after another
with as much affection as if .she would have given them life ; she placed near him
his Atsatoneaai, that is, his packet of rods (bftchettes) of the council, which are all
the books and papers of the country. As for her children, she put upon their arms
bracelets of shells and glass beads and bathed their bones with her tears. She could
hardly be separated from them, but they were in haste, and it was necessary to start
at once. The one who carried the body of this old captain walked at the head, the
men following and then the women. They marched in this order until they arrived
at the grave.
The following is the arrangement of this place : There was a space about as large
as the Place Royale at Paris. In the center was a largo grave about 10 feet (pieds)
deep and 5 fathoms (brasses) in diameter, round it a scaffolding and a sort of .stage
nicely made, from 9 to 10 fathoms (brasses) in diameter and 9 or 10 feet high ; above
the stage there were several poles raised and well arranged, and others laid across
them on which to hang all the bundles of skeletons. The entire bodies, as these
were to be placed at the bottom of the grave, were laid under the scaffolding tlie day
before, resting on bark, or mats raised on stones to the height of a man around the
grave. The whole company arrived with the bodies about an hour after midday, and
divided into parties according to the families and villages, and laid their bundles
upon the ground, almost as the pots of earth were made at the village fairs; thoy
also unfolded their robes and all the offerings they had brought and hung them upon
the poles which extended for from 500 to GOO fathoms (toises) ; there were nearly
twelve hundred gifts which remained thus on exhibition for two whole hours, to give
strangers an opportunity to see the riches and magnificence of the country. I did
not find the company as great as I had expected ; there were not more than two thou-
sand persons. About 3 o'clock each one fastened up his bundles and folded his
robes. Meanwhile each captain, in order, gave a signal, and all immediately took
up their bundles of bones, ran as if at the assault of a city, mounted upon this stage
by means of ladders which were placed all around, and hung them (the bundles) to
the poles; each village had its department. This done, all the ladders were taken
away. Some of the captains remained upon the platform and spent the rest of
the afternoon, until 7 o'clock, in announcing the lists of presents which were given
in the name of the deceased to some particular persons. For instance, they would
say, here is what such a oue, decea,sed, gives to a certain relative.
About 5 or t) o'clock they lined (pauereut) the bottom of the grave and bordered it
with large new robes, the skins of ten beavers, in such a way that these extend
more than a foot out of it. As they were preparing the robes which were to be used
for this purpose, some of them descended into the grave, and came from it with their
hands full of sand. I inquired what this ceremony meant, and learned that they
believed that this sand will render them hpppy at their games (au ieu).
Of the twelve hundred offerings that had been exhibited on the platform, forty-
IKJ BURIAL MOUNDS OF THE NORTEIERN SECTIONS.
eight robes were to line and trim the grave, and each complete body had, besides the
robe in Tvhich it was wrapped, another one, and some even two others, to cover it.
This is all : so that I do not think [? but] that each body had one to itself, taking one
with another, which is the least that it could have for its burial ; for these robes of
beaver skin are what the clothes and shrouds are in France. But what becomes then
of the rest ? We will see presently.
At 7 o'clock the bodies were lowered into ihe grave. We had great difficulty
in approaching it. Nothing ever pictured better to me the confusion among the
damned. You could see unloaded on all sides bodies half decayed, and everywhere
was heard a terrible uproarof confused voices of persons who were speaking without
hearing one another; ten or twelve men were in the grave and were arranging the
bodies all around it, one after the other. They placed, exactly in the center, three
large kettles, which were of no )ise save for the spirits: one was pierced with holes,
another had no handle, and the third was worth little more. I saw a few necklaces
of shell beads there; it is true, many of them were put on the body. This was all
that was done on this day.
The whole company passed the night on the spot, having lit a great many fires and
boiled kettles. We retired to the old village with the intention of returning the next
day at daylight when they were to cast the bones into the grave ; but we barely ar-
rived iu time, notwithstanding all the diligence we employed, on account of an
accident which happened. One of the skeletons, which was not well fastened, or
perhaps was too heavy for the cord which held it, fell of itself into the grave.
The noise it made awoke the whole troupe, who ran and immediately mounted, in a
crowd, to the jdatform and emptied, without order, all the bundles into the grave,
reserving, however, the robes in which they bad been wrapped. We were just leav-
ing the village at that time, but the noise was so great that it seemed almost as
though we were there. Approaching we saw suddenly an image of the infernal
regions. This great space was filled with fire and smoke and the air resounded on all
sides with the mingled voices of the savages. This noise, nevertheless, ceased for a
■while, and was changed to singing, but in a tone so doleful and weird that it repre-
sented to us the terrible sadness and the depth of despair in which condemned souls
are forever plunged.
Nearly all the bones had been cast in when we arrived, for it was done almost in a
moment, each one being in haste for fear that there was not room for all these skele-
tons; nevertheless we saw enough of it to judge of the rest. There were five or six
men in the grave, with poles, to arrange the bones. It was filled up within 2 feet of
the top with bones, after which they turned over upon them the robes that bordered
Ihe grave all around, and covered the whole with mats and bark. The pit was then
filled up with sand, rods, and stakes of wood which were thrown in promiscuously.
Some of the women brought dishes of corn, and on the same day and the following
days several cabins of the village furnished basketfuls of it, which were cast into the
pit.
We have fifteen or twenty Christians buried with these infidels. We say a De
profundia for their souls, with the firm hope that if the Divine goodness does not
cease His blessings on His people this feast will be made no more, or will be only for
Christians, and will be celebrated with rites as holy as these are foolish and useless.
They also begin to bo a burden upon the people for the excess and superfluous ex-
penses that arc caused by them.
All the morning was spent in distributing gifts (largesses), and most of the robes
that had been wrapped around the bodies were cut in pieces and thrown from the top
of the platform into the midst of the crowd for whoever could seize them first. There
was great sport when two or three contested the possession of one beaver skin. In
order to .settle it peaceably it was necessary to cut it into so many pieces, and thus
they came out nearly empty-handed, for these tatters were hardly worth the picking
up. I admired here the industry of one savage. He did not hurry himself to run
THOMAS] BURIAL CEREMONIES OF THE HURONS. 117
after these flyiug pieces ; but, as there is nothing so valuable this year in the country
as tobacco (petun), he held 'some pieces of it in his hand, which he presented at once
to those who were disputing over the skin, and thus acquired it for himself.
Before leaving the place wo learned that, on the evening when presents had been
given to the foreign nations, on the part of the master of the feast, we also had been
named ; and, in fact, as we were going, Anenkhiondic came and presented a new robe
composed of ten beaver skins, in return for the necklace which I had given them in
the midst of the council to show them the heavenly way. They were so much obliged
for this present that they wished to show some acknowledgment of it in so good an
assembly. I would not accept it, however, saying to him that, as we had made them
this present only to persuade them to embrace our faith, they could not oblige us
moro than in listening to us willingly and believiug in Him who rules over all. He
asked what I desired that bo should do with the robe. I replied that he could dispose
of it iu whatever way ho deemed best, with which he remained perfectly satisfied. Of
the rest of the twelve hundred presents forty-eight robes were used to adorn the grave.
Each body wore its robe and some of them two or three. Twenty were given to the
master of the feast, to reward the nations who had assisted at it. A number were
distributed on the j)art of the dead, through the captains, to their living friends. A
part of them were only used for show, and were returned to those who had exhibited
them. The old people (anciens), and great leaders of the country, who had the ad-
ministration and management of it, privately took a great deal, and the rest were cut
in pieces, as I have said, and scattered through the assembly. However, it was only
the rich who lost nothing, or very little, at this feast. The mendicants and poor
people brought and left there all they possessed of any value, and sutfered much by
striving to appear as well as others in this celebration. Every one stood upou this
point of honor.
Indeed, it was only by a chance that we were not also participants of the feast.
During this winter the Captain Aenons, of whom I have spoken before, came to make
us a proposal on the part of all the anciens of the country. At that time the boiling
of the kettle (ehaudiere) was not yet divided. They proposed to us then that wo
should consent to exhume the remains of the two Frenchmen who had died in this
country, to wit, Guillaume Chaudrou and Estienue Brusl^, who was killed four years
ago, and that their bones might be placed in the common grave of their dead. We
replied at iiist that this could not be done ; that it was forbidden ; that as they had
been baptized, and were, as we hoped, in heaven, we respected their bones too highly
to allow them to be mixed with the bones of those who had not been baptized.
Besides, it was not our custom to exhume the bodies of those who had beeu buried.
We decided, however, after all, that as they were interred iu the wood aud since
the people desired it so much, we would consent to take uj) their boues on the condi-
tion that they allowed us to put them in a particular grave, with the boues of all that
we had baptized iu the country.
Four reasons especially persuaded us to give them this final answer. First, as it is
the greatest expression of friendship aud good-will that can be shown in this country,
we yielded to them readily in this point that whicji they wished, and thus showed
that we desired to love them as brothers and to live and die with them. Second, we
hoped that God would be glorified iu it, especially, iu that separating by cousent of
all the nation the bodies of the Christians from those of the unbelievers, it would
not be difficult afterwards to obtain special permission that their Christians should
be interred iu a separate cemetery, which we would bless for that purpose. Third,
we claimed to bury them with all the rites of the Church. Fourth, the old men,
of their own accord, desired us to raise there a beautiful and magnificent cross, as
they showed us afterwards more particularly. Thus the cross would have been
established by the authority of the whole country and honored iu the midst of this
heathenism, and they would have been careful not to impute to it afterwards, as they
have done in the past, all the misfortunes that befell them.
118 BURIAL MOUNDS OF THE NORTHEKN SECTIONS
This captain tlioiiglit our proposition very reasonable and tlie old inen (auciens) of
the country remained very well contented with it. Some time after, the cliaudiere was
divided, and, as I have said, five villages of our part of the country resolved to hold
their feast apart.
In the spring a general assembly of all the principal men was held, to consult about
the feast and to endeavor to prevent this schism and reunite the cooking of the kettle.
These dissatisfied ones were there and I also was invited. They made me the same
proposition as before. I replied that we were very well satisfied, provided that this
was done under the conditions that we had demanded. I was reminded of the divis-
ion, and they asked me, since there were two feasts (chaudieres), that is, two graves,
on which side I desired to have our special grave. To this I answered, in order to
offend no one, that I would leave it to their judgment ; that they were just and wise
and they could decide between themselves. The master of the feast of Rochelle said,
thereupon, with condescension, that he did not claim anything and that he was will-
ing that the other, who is the chief at this place, should have on his side the remains
of our two Frenchmen. The latter replied that he laid no claim to the one that bad
been buried at Rochelle, but that as for the body of Estieune Brusle it belonged to
him, as it was he that had engaged with him and led him into this country. So here
the bodies were separated, one on one side, tlie other on the other side. At this some
one said privately that indeed he (the chief) had ihe right to demand the body of
Estienne Brusl*^, and that it was reasonable that he should render some honor to his
bones, since they had killed him. This could not be said so discreetly but that the cap-
tain had a hiu£ of it; he concealed his feelings, however, at the time. After the
council, as we had already gone, he raised this reproach and began to talk with the
captain of Rochelle, and finally gave over entirely the body of Brnsld, in order not to
embitter and make bloody this sore, of which the people of this point have not yet
cleared themselves. This caused us to resolve, that we might keep in favor with those
of Rochelle, not to meddle with either the one or the other.
Truly there is reason to admire the secret judgments of God, for this infamous man
certainly did not merit that honor; and to tell the truth we had hesitated much in
resolving to make on this occasion a particular cemetery, and to transport to holy
ground a body that had led so wicked a life in the country and given the savages such
a wrong impression of the manners of the French. At first some thought hard of it
that we should have this opinion and were ofi'ended, alleging that this being so they
could not boast as they hoped among strange nations of being related to the French,
otherwise it would be said to them that they did not have much appearance of it,
since we had not wished to put the bones of our people with theirs. Afterwards, how-
ever, having heard all our reasons, they decided that we had acted prndently and that
it was the best means of maintaining our friendship with each other.
Shall I finish for the present with this funeral ? Yes ; since it is a mark sufficiently
clear of the hope of a future life which nature seems to furnish us in the minds of
these people, as a good means of making tliem understand the promises of Jesus Christ.
Is there not reason to hope that they will do this, and that as soon as possible ? Cer-
tainly I dare to assert that with this prospect we have reason to fortify our courage
and to say of our Hurons what St. Paul wrote to the Philippians : " Confidens hoc ipsum,
quia qui cocpil in vohis opus honum, jyerficiet rsqne in diem Chrisli lesn." These poor people
open their ears to what we tell them of the kingdom of heaven ; they think it very
reasonable, and do not dare tocontradict it. They are learning the judgments of God in
the other life ; they are beginning to have recourse with ns to His goodness in their ne-
cessities, and our Lord seems to favor them sometimes with some particular assistance.
They procure baptism for those who they think are about to die ; they give us their
children to be instructed, even permitting them to come three hundred leagues for
this purpose, notwithstanding the tender aft'ectiou they have for them ; they promise
to follow them one day and show us that they would not give us such precious pledges
if they did not desire to keep faith with us. You would say that they were waiting
THOMAS] BURIAL CEREMONIES OF THE HURONS. 119
only to see some one among them to be the first to take this bold step and dare to go
contrary to the custom of the country. They are, tinally, a people who have a
permanent home (demenre arrestee), are judicious, capable of reason, and well mul-
tiplied.
I made mention, the past year, of twelve nations entirely sedentary and harmonious,
who understand the language of our Hurons; and theHuronsmakein, twenty villages,
about 30,000 souls ; if the rest is in proportion, there are more than 300,000 who speak
only the Huron language. God gives us influence among them; they esteem us, and
we are in such favor with them, that we know not whom to listen to, so much does
each one aspire to have us. In truth we would be very ungrateful for the goodness
of God if we should lose courage in the midst of all this, and did not wait for Him to
bring forth the fruit in his own time.
It is true that I have some little apprehension for the time when it will be necessary
to speak to them in a r.ew way of their manners and to teach them "a doner leur
chairs" and restrain themselves in the honesty of marriage, breaking off their ex-
cesses for fear of the judgment of God npon their vices. Then it will be a question of
telling them openly, " Qiioiiiamqiii talia afiuiit rcgnum Dei non posnidehttnt." I fear that
thej' will prove stubborn, when we speak to them of assuming Jesus Christ, wearing
his colors, and distinguishing themselves in the fjuality of Christians from what
they have been formerly, by a virtue of which they scarcely know the name ; when
we cry unto them with the Apostle: "Fortius is the will of God, your s.anctifica-
tion : that you should abstain from fornication, that every one ox you should know
how to possess his vessel in sanctification and honor: not in the passion of lust, like
the gentiles that know not God." There is, I repeat, reason to fear that they may be
frightened with the subject of purity and chastity, and that they will be disheartened
with the doctrine of the Son of God, saying with those of Capernaum, on another sub-
ject, " Durus est hie scrmo et quis potest eum atidire'" Nevertheless, since with the
grace of God we have already persuaded them, by the open profession we have made
of this virtue, neither to do or say in our presence anything which may be averse to
it — even to threaten strangers when they forget themselves before us, warning them
thgit the French and especially the "black robes," detest these intimacies — is it
not credible that if the Holy Spirit touches them once, it will eo impress upon them
henceforth, in everyplace and at all times, the reverence which they should give to
His divine presence and immensity, that they will be glad to bechaste in order to be
Christians, and will desire earnestly to be Christians iu order to bechaste ? I believe
that it is for this very purpose that our Lord has inspired us to put them under the
charge of St. Joseph. This great saint, who was formerly given for a husband to
the glorious Virgin, to conceal from the world and the devil a virginity which God
honored with His incarnation, has so much influence over the " Salute Dame," in
whose hands His Son has placed, as iu deposit, all the graces which co-operate with
this celestial virtue, that there is almost nothing to fear in the contrary vice, for those
who are devoted to Him, as we desire our Hurons to be, as well as ourselves. It is
for this purpose, and for the entire conversion of all these peoples, that we commend
ourselves heartily to the prayers of all those who love or wish to love God and es-
pecially of all our fathers and brothers.
Your very humble and obedient servant in our Lord,
JEAN DE BREBEUF.
From the residence of St. Joseph, among the Hurons, at the village called Ihona-
tiria, this 16th of July, 1036.
SMITHSONIAN INSTITUTION BUEEAU OF ETHNOLOGY.
THE CHEROKEE NATION OF INDIANS:
A NARRATIVE OF THEIR OFFICIAL RELATIONS WITH THE
COLONIAL AND FEDERAL GOVERNMENTS.
CHARLES C. ROYCE.
121
CONTENTS.
rase.
Introduction 129
Cessions of land — Colonial period 130
Cessions of land — Federal period 131
Treaty of November 28, 1785 133
Material provisions 133
Historical data 134
De Soto's expedition 134
Early traditions 13(;
Early contact witli Virginia colonists 138
Early relations with Carolina colonists 138
Mention by various early authors 139
Territory of Cherokees at period of English settlement _ 140
Population 142
Old Cherokee towns 142
Exjiulsion of Shawnees by Cherokees and Chickasaws 144
Treaty relations with the colonies 144
Treaty relatious with the United States 152
Proceedings at treaty of Hopewell 153
Treaty of July 2, 1791 158
Material provisions 158
Historical data 160
Causes of dissatisfaction with boundary of 1785 1(50
Tennessee Company's purchase - 162
Difficulties in negotiating new treaty 162
Survey of new boundaries - 163
Treaty of February 17,1792 169
Material provisions 169
Historical data 169
Discontent of Cherokees 16'J
War with Cherokees 170
Treaty of June 26, 1794 171
Material provisions 171
Historical data ; 171
Complaints concerning boundaries 171
Cherokee hostilities 173
Intercourse act of 1796 173
Treaty of October 2, 1798 174
Material provisions 174
Historical data 175
Disputes respecting territory 175
123
124 CONTENTS.
Page.
Treaty of October 24, 1804 183
Material provisious 183
Historical data 184
New treaty authorized l>y Congress 184
WafTord's settlement 186
Further negotiations authorized : 187
Treaty of October 25, 1805 : 189
Material provisious ISD
Treaty of October 27,1805 190
Material provisions 190
Historical data respecting this treaty and the preceding one 190
Continued negotiations authorized 190
Controversy concerning " Doublehead " tract 192
Treaty of January 7, 1806 193
Material provisious 193
Treaty of September 11,1807 194
Material provisions 194
Historical data 195
Controvi'rhy concerning boundaries 195
Explanatory treaty negotiated 197
Treaty of March 22, 1816, ceding land in South Carolina 197
Material provisions 197
Treaty of March 22, 1816, defining certain boundaries, etc 193
Material provisions 198
Historical data 199
Colonel Earle's negotiations for the purchase of iron ore tract 199
Tennessee l^iils to conclude a treaty with the Cherokees 201
Removal of Cherokees to the west of the Mississippi proposed 202
Eflorts of South Carolina to extinguish Cherokee title 204
Boundary between Cherokees, Creeks, Choctaws, and Chickasaws 205
Roads through the Cherokee country 208
Treaty of September 14, 1816 209
Material provisions 209
Historical data 210
Fnrtlier purchase of Cherokee lands 210
Treaty of July 8, 1817 212
Material provisions 212
Historical data 214
Policy of removing ludiau tribes to the west of the Mississippi River. 214
Further cession of territory by the Cherokees 216
Treaty of February 27, 1819 '. 219
Material provisions - 219
Historical data 221
Cherokees west of the Mississippi — their wants and condition 221
Disputes among Cherokees concerning emigration 222
I'ublic sentiment in Tennessee and Georgia concerning Cherokee re-
moval 223
Treat}' concluded for further cession of land 225
Status of certain Cherokees 228
Treaty of May 0, 1828 229
Material provisions 229
Historical data 231
Return J. Meigs and the Cherokees 231
Tennessee denies validity of Cherokee reservations 232
United States agree to extinguish Indian title in Georgia 233
CONTENTS. 125
Page.
Treaty of May 6, 1828 — Continued.
Cherokee progress in ciTilization 240
Failure of negotiations for further cession of lands 241
Cherokee Nation adopts a constitution , 241
Cherokee att'airs west of the Mississippi 242
Treaty of February 14,1833 249
Material provisions ■- 249
Historical data 251
Conflicting land claims of Creeks and Cherokees -west of the Mis-
sissippi 251
Purchase of Osage half-breed re.serves 252
President Jackson refuses to approve treaty of 1834 252
Treaty of December 29,1835 253
Material jirovisions 253
Treaty of March 1, 1836 (supplementary articles) 257
Material provisions 257
Historical data 258
Zealous measures for removal of Eastern Cherokees 258
General Carroll's report on the condition of the Cherokees 259
Failure of Colonel Lowry's mi.ssion 262
Decision of Supreme Court in "Cherokee Nation r. Georgia" 262
Failure of Mr. Chester's mission 262
Decision of Supreme Court in " Worcester r. Georgia" 264
Disputed boundaries between Cherokees and Creeks 266
Cherokees plead with Congress and the President for justice 272
Cherokees propose an adjustment 274
Cherokees meuu)rialize Congress 275
Treaty negotiations resumed 278
Eepoit of Slajor Davis 284
Elias Boudinot's views 285
Speech of General R. G. Dunlap 285
Report of General John E. Woid 286
Reijort of John Mason, jr 286
Henry Clay's sympathy with the Cherokees 287
Policy of the President criticised — Speech of Col. David Crockett .. 288
General Wiufield Scott ordered to command troops in Cherokee
country 291
John Ross proposes a new treaty 291
Cherokees permitted to remove themselves 292
Dissension among Cherokees in their new home -. 292
Cherokees charge the United States with bad faith 296
Per capita jiayuK'nts under treaty of 1835 297
Political murders in Cherokee Nation 297
Adjudication commissioners appointed 298
Treaty of August 6, 1846 298
Material provisions 298
Historical data 300
Cherokees desire a new treaty 300
Feuds between the "Ross," "Treaty," and "Old Settler" parties ... 301
Death of Sequoyah, or George Guess 302
Old Settler and Treaty parties propose to remove to Mexico 302
More political murders 303
Negotiation of treaty of 1846 304
Affairs of the North Carolina Cherokees , 313
126 CONTENTS.
^ Page.
Treaty of AiiRust 6, 1846 — Continued.
Proposed removal of tlie Catawba Indians to the Cherokee country. 317
Financial difficulties of the Cherokees 318
Murder of the Adairs and others 319
Financial distresses — New treaty proposed 320
Slavery in the Cherokee Nation 321
Removal of white settlers on Cherokee land 322
Fort Gibson abandoned by the United States 322
Removal of trespassers on neutral land 323
John Ross oppo.ses survey and allotment of Cherokee domain 324
Political excitement in 1860 324
Cherokees and the Southern Confederacy 326
Cherokee troops for the Confederate army 328
A Cherokee Confederate regiment deserts to the United States 329
Ravages of war in the Cherokee Nation 332
Treaty of July 19, 1866 334
Material provisions 334
Treaty of Aprils-, 1868 (supplemental) 340
Material provisions 340
Historical data 341
United States desire to remove Indians from Kansas to Indian Ter-
ritory 34 1
Council of southern tribes at Camp Napoleon 341
General council at Fort Smith 341
Conference at Wa.shiugton, D. C - 345
Cession and sale of "Cherokee strip" and "neutral lands " 348
Appraisal of confiscated property — census 351
New treaty concluded bnt never ratified 351
Boundaries of the Cherokee domain 354
Delawares, Munsees, and Shawueesjoiu the Cherokees 356
Friendly tribes to be located ou Cherokee lauds west of 96^ 358
East and north boundaries of Cherokee country 305
Railroads through Indian Territory 366
Removal of intruders — Cherokee citizenship 367
General remarks 371
ILLUSTRATIONS.
Page.
Plate Vir. Earliest map showing location of the Cberokees. 1597 128
A^III. llap of the former territorial limits of the Cherokee Nation of
Indians, exhibiting the bouudaries of the varions cessions of
land made by them to the colonies and to the United States.
1884
IX. Map showing the territory originally assigned to the Cherokee
Indians west of the Mississippi Kiver ; al.so, the boundaries of
the territory now occupied or owned by them. 1884
* In pocket at the end of volume.
127
THE CHEROKEE NATION OF INDIANS.
By Charles C. Eoyce.
INTRODUCTORY.
An historical atlas of Indian affairs has for some time past been in
course of preparation under the direction of the Bureau of Ethnology,
Smithsonian Institution.
The chief aim of this atlas is to show upon a series of State and Terri-
torial maps the boundaries of the various tracts of country which ha%"e
from time to time been acquired through the medium of treaty stipula-
tion or act of Congress from tlie several Indian tribes resident witliin tlie
present territory of the United States from the beginning of the Federal
period to the present day.
Accompanying this atlas will be one or more volumes of historical
text, wherein will be given with some detail a history of tlie oflicial re-
lations between the United States and these tribes. This will treat of the
various negotiations for peace and for the acquisition of territory, tlie
causes rendering such negotiations necessary, and the methods observed
by the Government through its authorized agents in this diplomacy, as
well as other matters of public concern growing out of the same.
The following mouogi-aph on the history of the Cherokecs, with its
accompanying maps, is given as an illustration of the character of the
work in its ti'eatment of each of the Indian tribes.
The maps are intended to show not only the ancestral but the jiresent
home of the Cherokees, and also to indicate the boundaries of the va-
rious tracts of territorj' purchased from them by the Colonial or Federal
authorities from time to time since their first contact with the European
settlements. A numbi'r of purchases made prior to the Federal period
by individuals were unauthorized and unrecognized bj^ the Colonial au-
thorities, and their boundaries, though given in the text, are not laid
down upon the map, because the same areas of territory were after-
wards included within the limits of Colonial ijurchascs.
In the preparation of this article, more particularly in the tracing out
of the various boundary lines, much careful attention and research
have been given to all available authorities or sources of information.
The old mauuscri[)t rctords of the Government, the shelves of the Con-
.j ETII 0 129
130 CHEROKEE NATION OF INDIANS.
gressional Library, including its very large collection of American
maps, local records, and the knowledge of " old settlers," as well as the
accretions of various State historical societies, have been made to pay
tribute to the subject.
In the course of these researches the writer has been met in his in-
quiries with a degree of courtesy and kindly assistance that merits pub-
lic recognition.
Among others who have shown an earnest desire to promote the ob-
ject of these investigations are Hon. John M. Lea, vice-president State
Historical Society of Tennessee ; General Eobert N. Hood, Speucer Muu-
son, and E. H. Armstrong, of Knoxville, Tenn. The writer is also
deeply indebted to the Hon. Hiram Price, Commissioner of Indian Af-
fairs, and E. L. Stevens, chief clerk, for the readiness with which they
afforded him access to the records and tiles of the Indian Bureau. This
permission was earnestly supplemented by the intelligent assistance
and encouragement of Mr. C. A. Maxwell, chief of the Land Division,
as well as that of E. F. Thompson and Paul Brodie, of the same Bu-
reau, both of whom have taken special and constant pains to aid these
researches.
To Captain Adams, of the Bureau of Topographical Engineers, the
hearty thanks of the writer are due for many courtesies extended in the
examination of the voluminous and valuable collection of maps belong-
ing to that branch of the public service, and equal credit must be given
to Mr. G. P. Strum, principal draughtsman of the General Land OlHce,
and his assistants, for their uniform courtesy in affording access to
the official plats and records of that Bureau.
The officers of the Congressional Library have also shown a marked
degree of courtesy and interest.
The various cessions of land by the Cherokees alluded to in the text
are numerically designated upon the accompanying maps, and are as
follows :
COLONIAL PERIOD.
No. Date and demgnation of Cherokee Treaties.
Description of cession.
Color.
Treaty of 1721 with Sontli Carolina Tr.ict in South Carolina hetween Santee,
Saluda, and Bdisto Rivers.
Red.
Treaty of Nov. 24, 1755, with Sonth Carolina
Treaty of Oct. 14, 1768, with British Super-
intendent of Indian Atfairs.
Treaty of Oct. IS, 1770, at Lochaher, S. C . . .
Treaty of 1772 with Virginia
Treaty of June 1, 1773, with British Super-
intendent of Indian Affairs.
Treaty of March 17, 1775, with Richard
Henderson et al.
Treaty of May 20, 1777, with Sonth Caro-
lina and Georgia.
Treaty of July 20, 1777, with Virginia and
Tract in South l.'arolina hetween Wateree ' Bine.
and Savannah Rivers.
Tract in Southwestern Virginia Mauve.
Tract in Virginia, West Virginia, North- Red.
eastern Tennessee, and Eastern Ken-
tucky, which is overlapped by No. 7.
Tract in Virginia, West Virginia, and ] Yellow.
Eastern Kentucky.
Tract in Georgia, north of Broad River Mauve.
Tract in Kentucky, Virginia, and Tennes- i Blue.
see (overlaps No. 4). '
Tract in Northwestern Sonth Carolina ] Red.
^ Tract in Western North Carolina and : Green.
North Carolina. " Nortlieastern Tennessee.
Treaty of May 31, 1783, with Georgia , Tract in Georgia, between Oconee and Green.
1 Tugaloo Rivers.
INTRODUCTION.
FEDERAL PERIOD.
131
No.
Date and designation of Cherokee Treaties.
Description of cession.
Color.
39
40
41
42
43
44
45
46
Treaty of July 2, 1791, with United States
Treaty of Oct. 2, 1798, with United States..
.do.
.do.
Treaty of Oct. 24, 1804, with United States .
Treaty of Oct. 25, 1805, with United States
Treaty of Oct. 27, 1805, with United States
do
Treaty of Jan. 7, 1806, with United States
do
Treatyof Mar. 22, 1816, with United States.
Treaty of Sept. 14, 1H16, with Uniti-d States
Treaty of July 8, 1817, with United States
do
do
do
Treaty of Feb. 27, 1819, with United States.
do
do
.... do
do
do
do
do
do
Treaty of Dec. 29, 1835, with United States.
Treaty of May 6, 1828, with United States.
Treaty of July 19, 1866, with United States
do
do
do
do
do
do
do
Present country of the Cherokees east of
90'= W. longitude.
Present countrv of the Cherokees west of
96° W. longitude.
Tract in "Western Xorth Carolina Yellow.
Tract in Southern and ^Ve-stem Kentucky Green,
and Northern Tennessee.
Tract in "Western North Carolina and Brown.
Eastern Tennessee.
Tract in Tennessee, between Hawkins' Red.
Line, Tennessee Iliver, and Chilhowee
Mountain.
Tract in North Carolina, between Pickens Red.
and Meigs line.
Tract in Tennessee, between Clinch River Red.
and Cumberland Mountain. j
Tract in Georgia, known as Waflbrd'a i Red.
Settlement. (
Tract in Kentucky and Tennessee, west j Yellow,
of Tennessee Riyer and Cumberland ■
Mountain. I
Tract in Tennessee of one section at ' Green.
Southwest Point. '
First island in Tennessee River above the Mauye.
mouth of Clinch River. !
Tract in Tennessee and Alabama, between ■ Red.
Tennessee and Duck Kivers. I
LoDiT or Great Island in Holston River \ Red.
Tract in northwest coruerof South Carolina Blue.
Tract in Alabama and Mississippi Groen.
Tract in Northeastern Georgia Yellow.
Tract in Southern Tennessee Green.
Tract in Northern Alabama, between Blue.
Cypress and Elk Rivers. I
Tract in Northern Alabama, above mouth Elue.
of Spring Creek on Tennessee River.
Tract in Northern Alabama and Southern Yellow.
Tennessee.
Tract in Southern Tennessee, on Tennes- Red.
see River.
Tract in Tennessee, North Carolina, and Mauve.
Georgia.
Jolly's Island, in Tennessee River Re^l.
Small tract in Tenne.'iseo, at and below the Green,
mouth of Clinch River. I
Tract of 12 miles square, on Tennessee | Mauve.
River, in Alabama.
Tract 1 mile square, in Tennessee, at foot Green,
of Cumberland Mountain. i
Tract of I mile square, at Cherokee Taloo- Green,
tiske's residence.
Tract of 3 square mUes, opposite mouth of Green.
Iliwassee Kiver.
Tract in Alabama, Georgia and Tennessee, Blue.
being all remaining lands east of the
Mississippi River.
This treaty was with the Cherokees resid- Green.
ing west of the Mississippi, and they
ceded the lands in Arkansas granted
them by treaties of 1817 and 1819, receiv-
ing in exchange a tract further west.
These latter boundaries were subse-
quently modified and enlargeii by the
treaties of Feb. 14, 1833, and Dec. 29, 1835.
Tract known as "Neutral Land, "in Kan- Red.
sas,ce(ledintrust to besold by the United
States for the beneiit of the Cherokees.
Tract known as "Cherokee Strip, " in Kan- Yellow,
sas, ceded in trust to be sold for the bene-
fit oft he Cherokees by the United States.
Tract sold to Osages , Green.
Tract sold to Kan.sa3 or Raws Red.
Tract sold to Pawnees Red.
Tract sold to Poucas Red.
Tract sold to Nez Perc6s Yellow.
Tract sold to Otoes and Missourias Yellow.
This is the country now actually occupied Red.
and to be permanently retained by the
Cherokees.
This is the remnant of the country dedi- Blue,
cated by the treaty of July 19, 1866, to
tlje location of other friendly tribes.
The Cherokees retain their title to and
cnntrol over it until actual purchase by
and location of other tribes thereon.
Occi.;'
132 CHEROKEE NATION OF INDIANS.
The arrangement of tlie historical text has seemed to the writer to bo
that best suited to the object in view. As will be observed, au abstract
of the salient provisions of each treaty is given, beginning with the
first treaty concluded between the Cheroliee Xation and the United
States of America. In each instance, immediately following this ab-
stract, will be found the historical data covering the i)eriod and tlie
events leading to its negotiation, as well as those of the subsequent
period intimately connected with tlie results of such treaty.
TREATIES AVITH THE CHEROKEES.
TREATY CONCLUDED NOVEMBER 2S, 17S5.'
At Hopewell, on the Keoicee River, in South Carolina, between Benjamin
Hairlins, Auilreic Pichens, Joseph 2lartin, and Lachlanc JWIntosh, Com-
misaioners Plenipotentiary of the United IStates, and the Headmen and
Warriors of all the Cherokees.
MATEKIAL PKOVISIONS.
The United States give peace to the Cherokees and receive them into
favor and protection on the following conditions:
1. The Cherokees to restore to liberty all prisoners citizens of the
United States or subjects of their allies; also, all negroes and other
property taken from citizens during the late war.
2. The United States to restore to the Cherokees all Indian prisoners
taken during the late war.
3. The Cherokees to acknowledge themselves under the exclusive pro-
tection of the United States.
4. The boundary line between the Cherokees' hunting-gi'ouud and the
United States to be as follows, viz: Begin at the mouth of Duck Eiver
on the Tennessee; thence northeast to the ridge dividing the waters
falling into the Cumberland from those falliug into the Tennessee; theuce
eastwardly along said ridge to a northeast line to be run, which shall
strike Cumberland Eiver 40 miles above Nashville; thence along said
line to the river ; thence np the river to the ford where the Kentucky
road crosses ; thence to Campbell's line near Cumberland Gap ; thence
to the mouth of Claud's Creek on Holstein; thence to Chimney-Top
Mountain ; thence to Camp Creek, near the mouth of Big Limestone on
Nolichucky ; thence southerly six (6) miles to a mountain ; thence south
to the Xorth Carolina line ; thence to the South Carolina Indian bound-
ary, and along the same southwest over the top of Oconee Mountain
till it shall strike Tugaloo Eiver; thence a direct line to the top of
Currohee Mountain ; thence to the head of the south fork of Oconee
Eiver.
' United States Statutes at Large, Vol. VII, p. 18.
133
134 CHEROKEE NATION OF INDIANS.
5. Citizens of the United States or persons other than Indians who
settle or attempt to settle on lands west or south of said boundary and
refuse to remove within six months after ratification of this treaty to
forfeit the protection of the United States, and the Indians to punish
them or not, as they please: Froi'irlcd, That this article shall not extend
to the people settled between the fork of French Broad and Holstein
Elvers, whose status shall be determined by Congress.
G. The Cherokees to deliver up for punishment all Indian criminals
for offenses against citizens of the United States.
7. Citizens of the United States committing crimes against Indians
to be punished by the United States in the ijresence of the Cherokees,
to whom due notice of the time and place of such intended iiunishmeut
shall be given.
8. Retaliation declared unjust and not to be practiced.
9. The United States to have sole right of regulating trade with the
Indians and managing their affairs.
10. Traders to have liberty to trade with the Cherokees until Congress
shall adopt regulations relative thereto.
11. Cherokees to give notice of any designs formed by other tribes
against the peace, trade, or intei'ests of the United States.
12. Cherokees to have the right to send a deputy of their choice to
Congress whenever they think fit.
13. The hatchet to be forever buried between the United States and
Cherokees.
HISTORICAL DATA.
FEKXAXDO DE SOTO'S EXPEDITION.
The Cherokee Nation has probably occupied a more prominent place
in the affairs and history of what is now the United States of America,
since the date of the early European settlements, than any other tribe,
nation, or confederacy of Indians, unless it be possible to except the
powerful and warlike league of the Iroquois or Six Nations of New
York.
It is almost certain that they were visited at a very early period fol-
lowing the discovery of the American continent by that daring and
enthusiastic Spaniard, Fernando De Soto.
In determining the exact route pursued by him from his landing in
Florida to his death beyond the Mississippi, many insuperable difficul-
ties present themselves, arising not only from an inadequate description
on the part of the historian of the courses and distances pursued, but
from many statements made by him that are irreconcilable with an
accurate knowledge of the topographic detail of the country traversed.
A narrative of the expedition, " by a gentleman of Elvas," was pub-
lished at Evora in 1557, and translated from the Portuguese by Eichard
Hakluyt, of London, in 1C09. From this narrative it appears that
eoyck:] TEEATY of NOVEMBER -28, 1785. 135
after traveling a long distance in a northeasterly direction from his
point of landing on the west coast of Florida, De Soto reached, in the
spring of 1540, an Indian town called by the narrator "Cntifachi-
qui." From the early American maps of De L'Isle and others, npon which
is delineated the supposed route of De Soto, this town appears to be
located on the Santee Kiver, and, as alleged by the "gentleman of
Elvas," on the authoritj' of the inhabitants, was two days' journey from
the sea-coast.
The expedition left Cutifachiqui on the .3d of May, 154:0,and pursued
a northward course for the period of seven days, when it came to a
province called Chelaque, " the poorest country of maize that was seen in
Florida." It is recorded that the Indians of this province "feed upon
roots and herbs, which they seek in the fields, and upon wild beasts,
which they kill with their bows and arrows, and are a very gentle people.
All of them go naked and are very lean."
That this word " Chalaque" is identical with our modern Cherokee
would apj^ear to be almost au assured fact. The distance and route
pursued by the expedition are both strongly corroborative of this as-
sumption. The orthography of the name was probably taken by the
Spaniards from the Muscogee pronunciation, heard by them among the
Creeks, Choctaws, and Chickasaws. It is asserted by William Bar-
tram, in his travels through that region in the eighteenth century, that
in the "Muscogulge" language the letter "r" is not sounded in a sin-
gle word, but that on the contrary it occurs very frequent!}' iu the
Cherokee tongue.^
Through this province of Chalaque Do Soto passed, still pursuing
his northward course for five days until he reached the province of
"Xualla," a name much resembling the Tnodern Cherokee word Qnalla.
The route from Cutifachiqui to Xualla lay, for the most part, through
a hilly country. From the latter i)rovince the expedition changed its
course to the west, trending a little to the south, and over "very rough
and high hills," reaching at the end of iive days a town or xnovince
which was called "Guaxule," and two days later a town called
"Canasag'ua," an orthography almost identical with the modern Chero-
kee name of Canasauga, as applied to both a stream and a town within
their Georgia limits.
Assuming that these people, whose territory De Soto thus traversed,
were the ancestors of the modern Clierokees, it is the first mention made
of them bj' European discoverers and more than a century anterior to
the period when they first became known to the pioneers of permanent
European t;ccupation and settlement.
Earliest maj). — The earliest map upon which I have found " Chalaqua"
located is that of " Florida et Apalche" by Cornely Wytlliet, published
' I am iuforuied by Colonel Bushyhead, principal chief of the Cherokee Nation, that
Bartram is mistaken in his latter assumption. The letter "r" was never used ex-
cept among the Overhill Cherokees, and occurred very infrequently with them.
136 CHEROKEE NATION OF INDIANS.
in 1597.' This locatiou is based ii])on the narrative of De Soto's ex])c-
ditiou, and is iixed a short distance east of the Savannah Eiver and im-
mediately south of the Appalachian Mountains. " Xualla" is placed to
the west of and near the headwaters of the " Secco" or Savannah Eiver.
EARLY TUADITIOXS.
Haywood, in his Natural and Aboriginal Ilistory of Tennessee,
records many of the traditions concerning the origin and the ]iriraal
habitat of the Cherokees. He notes the fact that they were firmly
established on the Tennessee or Hogohege Eiver before the year 1G50,
and exercised dominion over all the country on the east side of the Alle-
ghany Mountains, including the headwaters of the Yadkin, Catawba,
Broad, and Savannah Eivcrs, and that from thence westward they
claimed the country as far as the Ohio, and thence to the headwaters
of the Chattahoochee and Alabama. One tradition which he alleges
existed among them asserts their migration from the west to the upper
waters of the Ohio, where they erected the mounds on Grave Creek,
gradually working eastward across the Alleghany Mountains to the
neighborhood of Monticello, Ya., and along the Appomattox River.
From this point, it is alleged, thej' removed to the Tennessee country
about 1023, when the Yirginians suddenly and unexpectedly fell upon
and massacred the Indians throughout the colonj-. After this mas-
sacre, the story goes, they came to New Eiver and made a temporary set-
tlement there as well as one on the head of the Holston ; but, owing to the
enmity of the northern Indians, they removed in a short time to the Little
Tennessee and founded what were known as " Middle Settlements." An-
other tribe, he alleges, came from the neighborhood of Charleston, South
Carolina, and settled lower down the Tennessee. This branch called
themselves "Ketawanga," and came last into the country. The tradi-
tion as to those who came from Virginia seeks also to establish the idea
that the Powhatan Indians were Cherokees. The whole story is of the
vaguest character, and if the remainder has no stronger claims to cred-
ibility than their alleged identity with the Powhatans, it is scarcely
worthy of record except as a matter of curiosity.
In fact the explorations of De Soto leave almost convincing proof that
the Cherokees were occupying a large proportion of their more modern
territory nearly a century prior to their supposed removal from the
Appomattox.
Pickett, iu his History of Alabama, improves upon the legend of Hay-
wood by asserting as a well established fact what the latter only pre-
sumes to offer as a tradition.
However, as affording a possible confirmation of the legend related
by Haywood concerning their early location in Eastern Virginia, it may
'The full title of this work is " Descriptionis PtolemaicJE Augmeutum; sive Occi-
dentis Notitia, brevi_ commentario illustrata, studio et opera Comely \Vytfliet>
Louanieusis. Lovanii, Typis lohannis Bogardi, auuo Domini MDXCVII."
KoiTE] TREATY OP NOVEMBER 28, 1785. 137
be. -wortb while to allude to a, tradition preserved among the Mohican or
Stockbridge tribe. It appears that in ISIS the Delawares, who were
then residing on White Eiver, in Indiana, ceded their claim to lands
in that region to the United States. This land had been conditionally
given by the Miamis many years before to the Delawares, in conjunction
with the "Moheokiinnuks" (or Stockbridges) and Munsees. Many of the
latter two tribes or bands, including a remnant of the Xauticokes, had not
yet removed to their western j)ossessions, though they were preparing to
remove. When they ascertained that the Delawares had ceded the
lands to the United States without their consent, they objected and
sought to have the cession annulled.
In connection with a petition presented to Congress by them on the
subject in the year 1S19, they set forth in detail the tradition alluded
to. The story had been handed down to them from their ancestors that
" many thousand moons ago " before the white men came over the " great
water," the Delawares dwelt along the banks of the river that bears
their name. They had enjoyed a long era of peace and prosperity
when the Cherokees, Nanticokes, and some other nation whose name
had been forgotten, envying their condition, came from the south with
a great army and made war upon them. Thej vanquished the Dela-
wares and drove them to an island in the river. The latter sent for
assistance to the Mohicans, who promptly came to their relief, and the in-
vaders were in turn defeated with great slaughter and put to flight.
They sued for peace, and it was granted on condition that they should
return home and never again make war on the Delawares or their allies.
These terms were agreed to and the Cherokees and Nanticokes ever re-
mained faithful to the conditions of the treaty.
The inference to be drawn from this legend, if it can be given any
credit whatever, would lead to the belief that the Cherokees and the Nan-
ticokes were at that time neighbors an<l allies. The original home of
the Nanticokes on the Eastern Shore of Maryland is well known, and
if the Cherokees (or at least this portion of them) were then resident
beyond the Alleglianies, with sundry other powerful tribes occupying
the territory between them and the Nanticokes, it is unlikely that any
such alliance for offensive 0])craticns would have existed between them.
Either the tradition is fabulous or at least a portion of the Cherokees
were probably at one time residents of the Eastern slope of Virginia.
The Delawares also have a tradition that they came originally from
the west, and found a tribe called by them Allegewi or Allegans occu-
pying the eastern portion of the Ohio Valley. With the aid of the Iro-
quois, with whom they came in contact aboat the same time, the
Delawares succeeded in driving the Allegans out of the Ohio Valley to
the southward.
Schoolcraft suggests the identity of the Allegans with the Cherokees,,
an idea that would seem to bo confirmatory of the tradition given by
Haywood, in so far as it relates to an early Chei'okee occupancy of Ohio.
138 CHEROKEE NATION OF INDIANS.
EARLY CONTACT WITH VIIiC.IXIA COLONISTS.
Whatever the degree of probability attending these legends, it would
seem that the settlers of Virginia had an acquaiutauce with the Chero-
kees prior to that of the South Carolina immigrants, who for a number
of years after their first occupation confined their explorations to a
nan-ow strip of country in the vicinity of the sea coast, while the Vir-
ginians had been gradually extending their settlements far up toward
the headwaters of the James Eiver and had early perceived the profits
to be derived from the Indian trade.
Sir William Berkeley, governor of Virginia, equipped an expedition,
consisting of fourteen Englishmen and an equal number of Virginia
Indians, for the exploration of the country to the west of the exist-
ing settlements. The party was under the command of Capt. Henry
Batt, and in seven days' travel from their point of departure, at Appo-
mattox, they reached the foot of the mountains. The first ridge they
crossed is described as not being very high or steep, but the succeed-
ing ones " seemed to touch the clouds," and were so steep that an av-
erage day's march did not exceed three miles.
They came upon extensive and fertile valleys, covered with luxuriant
grass, and found the forests abounding in all kinds of game, including
turkeys, deer, elk, and buifalo. After passing beyond the mountains
they entered an extensive level country, through which a stream flowed
in a westward course, and after following it for a few days tbey reached
some old fields and recently deserted Indian cabins. Beyond this point
their Indian guides refused to proceed, alleging that not far away dwelt
a powerful tribe that never suftered strangers who discovered their
towns to return alive, and the expedition was therefore compelled to
return. Accoixling to the historian, Burke, this expedition took place
in 1G07, while Beverly, not quite so definite, assigns it to the decade
between lOGC and 1670.' It is believed that the powerful nation of
Indians alluded to in the narrative of this expedition was the Cherokees,
and, if so, it is apparently the first allusion made to them in the history
of the colonial settlements.
That the Virginians were the first to be brought in contact with the
Cherokees is further evidenced by the fact that in 1G90 an Indian trader
from that colony, bearing the name of Daugherty, had taken up his
residence among them, which is alleged by the historian^ to have been
several years before any knowledge of the existence of the Cherokees
reached the settlers on Ashley Eiver in South Carolina.
EARLY RELATIONS WITH CAROLINA COLONISTS.
The first formal introduction of the Cherokees to the notice of the
people of that colony occurred in the year 1093,^ when twenty Cherokee
' Campbell's Virginia, p. 268.
' ^Logau's South Carolina, Vol. I, p. 168.
■■' Martin's North Carolina, Vol. I, p. 194.
KovcE-.J TREATY OF NOVEMBER '28, 1785. 139
chiefs visited Charleston, with projjosals of friendship, and at the same
time solicited the assistance of the governor in their operations against
the Esau and Coosaw tribes, who had captured and carried off a number
of Cherokees.
The Savannah Indians, it seems, bad also been engaged in incursions
against them, in the course of which they had captured a number of
Cherokees and sold them to the colonial authorities as slaves.
The delegation urgently solicited the governor's protection from the
further aggressions of these enemies and the return of their bondaged
countrymen. The desired protection was promised them, but as their
enslaved brethren had already been shipped to the West Indies and
sold into slavery there, it was impossible to return them.
The extreme eastern settlements of the Cherokees at this time were
within the limits of the present Chester and Fairfield districts, South
Carolina, which lie between the Catawba and Bi-oad Rivers.'
MENTION' BY VAIUOUS EAELY AUTHOnS. •
We next find an allusion to the Cherokees in the annals of Louisiana
by M. Pericaut, who mentions in his chronicle of the events of the year
1702, that " ten leagues from the mouth of this river [Ohio] another
falls into it called Kasquinempas [Tennessee]. It takes its source from
the neighborhood of the Carolinas and passes through the village of the
Cherokees, a populous nation that number some fifty tliousand war-
riors," another example of tlie enormous overestimates of aboriginal pop-
ulation to which the earlier travelers and writers were so iirone.
Again, in 1708, tlie same author relates tliat "about this time two Mo-
biliaus who had married in the Alibamon nation, and who lived among
them with their families, discovered that that nation was inimical to
the Mobilians as well as the French, and had made a league with the Che-
raquis, the Abeikas, and the Conchaques to wage war against the French
and Mobilians and burn their villages around our fort."
On various early maps of North America, and particularly those of
De L'Isle, between the years 1700 and 1712, will be found indicated upon
the extreme headwaters of the Holston and Clinch Eivers, " gros villages
des Cheraqui." These villages correspond in location with the great na-
tion alluded to in the narrative of Sir William Berkeley's expedition.
Upon the same maps will be found designated the sites of sundry
other Cherokee villages, several of which are on the extreme headwaters
of the " E. des Chaouanons." This river, although indicated on the
map as emptying into the Atlantic Ocean to the west' of the Santee,
from its relation to the other streams in that vicinity. Is believed to be
intended for the Broad Eiver, which is a principal northwest bi'anch of
the Santee. Other towns will also be found on the banks of the Upper
Catawba, and they are, as w^ell, quite numerous along the headwaters
of the " E. des Caouilas " or Savannah and of the Little Tennessee.
'Logan's South Caroliua, Vol. I, p. 14i.
140 CHEROKEE NATION OF INDIANS.
Mention is ag.ain fonnd of the Cherokees in the year 1712, when 218
of them accompanied Colonel Barnwell in his expedition against the
hostile Tuscaroras and aided in the snbjugation of that savage tribe,
thongh along the route of Barnwell's march the settlers were verj- uearly
persnaded that they suffered greater damage to property from the
freebooting propensities of their Indian allies than from the open hos-
tilities of their savage enemies.
The old colonial records of South Carolina also contain mention in the
following year (1713) of the fact that Peter St. Julien was arraigned on
the charge of holding two Cherokee women in slavery. '
In 1715 the Yamassees, a powerful and hitherto friendly tribe, occu-
pying the southwesterly portion of the colony of South Carolina and
extending to and beyond the Savannah Eiver, declared open hostilities
against the settlers. In the desperate struggle that ensued, we find in
full alliance with them the Cherokees, as well as the Creeks and Ap-
palachians.
In his historical .iournal of the establishment of the French in Lou-
isiana, Bernard de la Harpe states that " in January, 1716, some of the
Cberaquis Indians, who lived northeast of Mobile, killed MM. de Eamsay
and de Longueil. Some time after, the father of the latter gentleman,
the King's lieutenant in Canada, engaged the Iroquois to surjirise this
tribe. They sacked two of their villages and obliged the rest to retreat
towards New England."
TEKHITORY OF CIIEROKEKS AT PERIOD OF ENGLISH SETTLEMENT.
At the time of the English settlement of the Carolinas the Chero-
kees occupied a diversified and well-watered region of country of large
extent uiion the waters of the Catawba, Broad, Saluda, Keowee, Tuga-
loo, Savannah, and Coosa Elvers on the east and south, and several of
the tributaries of the Tennessee on the north and west. It is impossible
at this late day to define with absolute accuracy the original limits of
the Cherokee claim. In fact, like all other tribes, they had no definite
and concurrent understanding with their surrounding savage neighbors
where the possessions of the one left off and those of the other began.
The strength of their title to any particular tract of country usually
decreased in proportion to the increase of the distance from their vil-
lages; and it commonlj' followed as a result, that a considerable strip
of territory between the settlements of two powerful tribes, though
claimed by both, was practically considered as neutral ground and the
common hunting ground of both.
As has already been stated, the extreme eastern settlements of the
Cherokees in South Carolina in 1093 were in the district of country lying
between the Catawba and Broad Elvers, and no claim has been found
showing the existence at any time of any assertion of territorial right
'Logan's SoutU Carolina, Vol. I, p. 18'i.
>'ovci;.j TREATY OF NOVEMBER iS, 1765. 141
in their behalf to the east of the former stream. But nevertheless, on
Boweu's map of 1753 (obviously coi)ied from earlier maps), there is
laid down the name of " Keowee Old Towu." The location of this town
was on Deep Eiver in the vicinity of the present town of Ashborough,
IS!". C. It was a favorite name of the Chcrokees among their towns, and
affords a strong evidence of at least a temporary residence of a portion
of the tribe in that vicinity. A map executed by John Senex in 1721
defines the Indian boundary in this region as following the Catawba,
Wateree, and Santee Eivers as far down as the most westerly bend of the
latter stream, in the vicinity of the boundary line between Orangeburg
and Charleston districts, whence it pursued a southwesterly course to
the Edisto River, which it followed to the seacoast. The southern
portion of this boundary was of course a definition of limits between
Carolina and the Creeks, or rather of certain tribes that formed compo-
nent parts of the Creek confederacy. iS'o evidence has been discovered
tending to show an extension of Cherokee limits in a southerly direc-
tion beyond the point mentioned above on the Edisto River, which, as
near as can be ascertained, was at the junction of the North and South
Edisto. Following from thence up the South Edisto to its source the
boundary pursued a southwesterly course, striking the Savannah River
in the vicinity of the mouth of Stevens Creek, and proceeding thence
northwardly along the Savannah.
On the borders of Virginia and North Carolina the ancient limits of
the Cherokees seem to be also shrouded in more or less doubt and con-
fusion. In general terms, however, it may be said that after following
the Catawba River to i^^s source in the Blue Ridge the course of those
moijntains was pursued until their intersection with the continuation
of the Great Iron Mountain range, near Floyd Court-House, Va., and
thence to the waters of the Kanawha or New River, whence their claim
continued down that stream to the Ohio. At a later date they also set
up a claim to the country extending from the mouth of the Kanawha
down tlie Ohio to the ridge dividing the waters of the Cumberland from
those of the Tennessee at the months of those streams, and thence fol-
lowing that ridge to a point northeast of the mouth of Duck River ;
thence to the month of Duck River on the Tennessee, and continuing up
with I he course of the latter river to Bear Creek ; up the latter to a point
called Flat Rock, and thence to the Ten Islands in Coosa River, &C. •
That portion of the country thus covered, comprising a large part of
the present States of West Virginia and Kentucky, was also claimed by
the Six Nations by right of former conquest, as well as by the Shawnees
and Delawares.
Adair, a trader for forty years among the Cherokees, who traveled
extensively through their country about the middle of the eighteenth
century, tlms specifically outlines the boundaries of their country at
that period : " The country lies in about 34 degrees north latitude at tlie
distance of 340 computeil miles to the northwest of Charlestown, — 140
142 CHEROKEE NATION OF INDIANS.
miles west-southwest from the Kataliba Nation, — and almost 200 miles
to the north of the Muskohge or Creek country. They are settled nearly
in an east and west course about 140 miles in length from the lower
towns, where Fort-Prince-George stands, to the late unfortunate Fort-
Loudon. The natives make two divisions of their country, which they
term •Ayrate'' and ' Otarre,' the one signifying ' low ' and the other
' mountainous.' "
POPULATION.
In point of numbers the Cherokee population now considerably exceeds
that first enumerated by the early colonial authorities. As early as 1715
the proprietors of the South Carolina I'lantation instructed Governor
Eobert Johnson to cause a census to be taken of all the Indian tribes
within that jurisdiction, and from his report it appears that the Chero-
kee Nation at that time contained thirtj' towns and an aggregate pop-
ulation of 11,210, of whom 4,000 were warriors. Adair alleges that in
1735, or thei'eabouts, according to the computation of the traders, their
warriors numbered G,000, but that in 1738 the ravages of the small-pox
reduced their population one-half within one year. Indeed, this disas-
ter, coupled with the losses sustained in their conflicts with the whites
and witU neighboring tribes, had so far wasted their ranks that a half
century after the census taken by Governor Johnson they were estimated
by the traders to have but 2,300 warriors.' By the last report of the
Commissioner of Indian Affairs the total population is estimated to num-
ber 22,000.'^ It is true that considerable of this increase is attributable
to the fact that several other small tribes or bands, within a few years
past, have merged their tribal existence in that of the Cherokees. In-
dependent of this fact, however, they have maintained a slow but steady
increase in numbers for many years, with the exception of the severe
losses sustained during the disastrous period of the late southern rebel-
lion.
OLD CHEKOKEE TOWNS.
It is perhaps impossible to give a complete list of the old Cherokee
towns and their location; but in 1755 the authorities of South Carolina,
in remodeling the old and prescribing new regulations for the govern-
ment of the Indian trade, divided the whole Cherokee country into six
hunting districts, viz:
1. Over Bill Towns. — (!reat Tellico, Chatugee, Tennessee, Chote,
Toqua, Sittiquo, and Talassee.
2. Valley Toicns. — Euforsee, Conastee, Little Telliquo, Cotocanahut,
Nayowee, Tomatly, and Chewohe.
3. Middle Towns. — Joree, Watoge, Nuckasee.
' Adair's American Indians.
^Report Coijimissioner Indian Affairs for 1883. p. "272.
ROTCE.I
TREATY OF NOVEMBER 28, 1785.
143
4. Keowee To?r«.s.— Keowee, Tricentee, EcLoee, Torsee, Cowee, Tor-
sallH, Coweeshee, and Elejoy.
5. Out To«'HA'.— TucbarecLee, Kitto^a, Conontoroyj Steecoy, Ousta-
nale, and Tuckasegee.
6. Loicer Toivns. — Touiassee, Oustestee, Cheowie, Estatoie, Tosawa,
Keowee, and Oiistanalle.
About twenty years later, Bartram,* who traversed the country, gives
the names of forty-three Cherokee towns and villages then existing and
'nhabited as follows:
-So.
Name.
Where situated.
Echoe
Niicasse
Wharoga
Cowe
Ticoloosa
Joie
Conisca
Nowe
Tomothle
Noewe
Tellico
Clennuse
Ocunnolufte
Chewe
Quaiiuse
Tellovre
Tellico
Chataga
I Hiwasse
j Chewase
; Nuauha
I Tallase
Chelowe
Sette
Chote, great
Joco
Tahasse
Tajpahle
Tuskege
Big Island .
Xilaque
!Niowe
Siuica
Kcowe
Kulsage
Tugilo
Estotowe
Qiialatobe
Chote
Estotowe, great .
Allagae
tTore
Naeoche
On tlif Tanase east ol' the Jore ilountains.
lulaud, on tlie branches of tbe Tanase.
On the Tanase over tbe -Jore Mountains,
Inland towns on the branches of the Tanase and other wa-
ters over the Jore Mountains.
Overbill towns on the Tanase or Cherokee Kiver.
Lower towns east of tbe mountains on the Savanna or
Keowe River.
Lower towns east of tbe mountains on Tugilo River.
Lower towns on Flint River.
Towns on the waters of other rivers.
Mouzon's map of 1771 gives the names of several Lower Cherokee
towns not already mentioned. Among these may be enumerated, on
the Tngalco Eiver and its branches, Turruraw, Xayowee, Tetohe,
Chagee, Tussee, Chicherohe, Echay, and Takwaslinaw; on the Keowee,
;N"ew Keowee, and Quacoretche; and on the Seneca, Acounee.
In subsequent years, through frequent and long continued conflicts
with the ever advancing white settlements and the successive treaties
whereby the Cherokees gradually yielded portions of their domain, the
'Bai'trani's Travels in Xortb America from 1773 to 1778, p. 371.
144 CHEKOKEE NATION OF INDIANS.
location and names of their towns were continually changing until the
final removal of the nation west of the Mississippi."
EXPULSION OF SIIAWNEES BY CHEEOKEES .VXD CIIICKASAWS.
In the latter portion of the seventeenth century the Sliawnees, or a
portion of them, had their villages on the Cumberland, and to some
extent, perhaps, on the Tennessee also. Tliey were still occupying that
region as late as llli, when they were visited by 31. Charleville,a French
trader, but having about this time incurred the hostility of the Chero-
kees and Chickasaws they wei'e driven from the country. Many years
later, in the adjustment of a territorial dispute between the Cherokees
and Chickasaws, each nation claimed the sole honor of driving out the
Shawnees, and hence, by right of comiuest, the title to the territory
formerly inhabited by the latter. The Chickasaws evidently had the
best of the controversy, though some concessions were made to the
Cherokees in the matter when the United States came to negotiate for
the purchase of the controverted territory.
•
TUEATY ItEI.ATIOXS WITH THE COLONIES.
Treaty and purchase o/'1721. — The treaty relations between the Cher-
okees and the whites began in 1721, when jealousy of French territo-
rial encroachments persuaded Governor Nicholson of South Carolina to
invite the Clierokees to a general congress, with a view to the conclu-
sion of a treaty of peace and commerce.
The invitation was accepted, and delegates attended from tliirtyseven
towns, with whom, after smoking the pipe of peace and distributing
presents, he agreed upon defined boundaries and appointed an agent
to sui)erintend their affairs.'^
Treaty of 1730. — Again, in 1730, the authorities of North Carolina
commissioned Sir Alexander Gumming to couclude a treaty of alliauce
with the Cherokees. In April of that year the chiefs and warriors of
the nation met him at Ilequasse, near the sources of the Hiwassee River,
acknowledged King George as their sovereign, and sent a delegation of
six warriors to carry the crown of the nation (consisting of five eagle
tails and four scalps) to England and do homage to the King, where they
concluded a treaty of peace and commerce at Dover on the 30th of June.
' From a distribution roll of Cherokee annuities paid in tbo year 1799 it appears
tliat there were then 51 Cherokee towns, designated as follows: Oostinawley, Creek
Path. Auiuoin, Nicojack, Eiiuuing AVater, Ellijay, Cahheu, High Tower, Pine Log,
High Tower Forks, Tocoah, Coosawaytee, Crowtown, Shoemeck, Aurancheo, Tulloolah,
Willstowu, Acohee, Cuelon, Duck-town, Ailigulsha, Highwassee, Tennessee, Lookout
Mountain, Noyohee, Tusquittee, Coosa, Nantiyallee, Saukee, Keyukec, Red Bank,
Nukeza, Cowjiens, Telassee, Buffalo Town, Little Tellico, Ralibit Trap, Notley, Turnip
Mou]itain, Sallicoah, Kautika, Tausitu, W.atoga, Cowee, Cliillhoway, Chestuee, Tur-
key Town, Toquah, Chota, Big Tellico, and Tusskegee.
- Ramsey's Annals of Tennessee, \). 46.
BOVfE.J
TREATY OF NOVEMBER 28, 1785. 145
In this treaty tbej- stipulated :
1. To submit to the sovereignty of the Kiug aucl his successors.
2. Not to trade with any other iiatiou but the Euglish.
3. Not to permit any but English to build forts or cabins or plant corn
among them.
4. To apprehend and deliver runaway negroes.
5. To surrender any Indian killing an Englishman.'
Treaty and purchase qflToo.— November 24, 1755, a further treaty was
concluded between the Cherokees and Governor Glenn, of South ('aro-
lina. By its terms the former ceded to Great Britain a territory which
included the limits of the modern districts of Abbeville, Edgefield,
Laurens, Union, Spartanburg, Newberry, Chester, Fairfield, Richland,
and York, and deeds of conveyance were drawn up and formally exe-
cuted therefor.2 This cession included a tract of country between the
Broad and Catawba Rivers which was also claimed and generally con-
ceded to belong to the Catawba Nation, the boundary line between the
latter and the Cherokees being usually fixed as the Broad River.^ One
of the main objects of this treaty was to prevent an alliance between
the Cherokees and the French.
Treaty of 1756.— In the year 1756 Hugh Waddell was commissioned
by the authorities of North Carolina to treat with the Cherokees and
Catawbas. In pursuance of this authority he concluded a treaty of
alliance with both nations.-' Governor Glenn, also, in the same year
erected a chain of military posts on the frontiers of Lis recent purchase.
These consisted of Fort Prince George, on the Savannah, within gun-
shot of the Indian town of Keowee; Fort Moore, 170 miles farther
down the river; and Fort Loudon, on the south bank of Tennessee
River, at the highest point of navigation, at the mouth of Tellico River.^
Captain JacF-s purchase.— A grant signed by Arthur Dobbs, governor
of North Carolina, ct ah, and by The Little Carpenter, half king of the
Over-Hill Cherokees, made to Capt. Patrick Jack, of Pennsylvania, is
recorded in the register's office of Knox County, Tennessee. It pur-
ports to have been made at a council held at Tennessee River, March
1, 17.57, consideration $400, and conveys to Captain Jack. 15 miles
square south of Tennessee River. The grant itself confirmatory of the
purchase by Captain Jack is dated at a general council held at Catawba
River, May 7, 17G2.«
Treaty of 1760.— The French finally succeeded in enlisting the active
sympathy of the Cherokees in their war with Great Britain. Governor
' Jlartiu's North Carolina, Vol. II, pp. 3, 9, and 11.
-Hewat's History of South Carolina anil Georgia, Vol. II, pp. 303, 204.
^ Broad River was formerly known as Eswaw-Huppedaw or Line River. See Mills'
Statistics of South Carolina, p. .'«.">.
'Williamson's North Carolina, Vol.11, p. 87.
'^Martin's North Carolina, Vol. II, p. 87.
" Ramsey's Annals of Tennessee, p. 63.
5 ETH— — 10
14fi CHEROKEE NATION OF INDIANS.
Littleton, of South Carolina, marched against the Indians and defeated
them, after which, in 1700, he concluded a treaty of peace with them.
By its terms they agreed to kill or imprison every Frenchman who
should come into their country during the continuance of the war be-
tween France and Great Britain.'
Treaty of 1761. — The hostile course of the Cherokees being still con-
tinued, the authorities of South Carolina in 17G1 dispatched Colonel
Grant with a force sufficient to overcome them. After destroying their
crops and fifteen towns he compelled a truce, following which Lieu-
tenant Governor Bull concluded a treaty with them at Ashley Ferry, or
Charleston.- By this instrument the boundaries between the Indians
and the settlements were declared to be the sources of the great rivers
flowing into the Atlantic Ocean. .
In 17G7 the legislature of North Carolina made an appropriation and
the governor ai^poiuted three commissioners for running a dividing-line
between the western settlements of that province and the Cherokee
hunting grounds.-'
Treaty and purchase of 1708. — Mr. Stuart, the British superintendent
of Indian affairs, on the lith of October, 1768, concluded a treaty with
the Cherokees at Hard Labor, South Carolina. Therein it was agreed
that the southwest boundary of Virginia should lie a line "extending
from the point where the northern line of North Carolina intersects the
Cherokee hunting grounds about 36 miles east of Long Island in the
nolston Eiver ; and thence extending in a direct course north by east
to Chiswell's mine on the east bank of the Keuhawa_^ Eiver, and thence
down that stream to its junction with the Ohio.'"
This treaty was made in pursuance of appeals from the ludians to
stop further encroachments of settlers upon their lands and to have
their boundaries definitely fixed, especially iu the region of the north
fork of Holston Eiver and the headwaters of the Kanawha.
Treaty and purchase of 1770. — The settlements having encroached
beyoud the line fixed by the treaty of 1708, a new treaty was concluded
on the ISth October, 1770, at Lochabar, South Carolina. A new bound-
ary line was established by this treaty commencing on the south bank
of Holston River six miles east of Long Island, and running thence to
the mouth of the Great Kanawha.*
Treaty and purchase of 1112. — The Virginia authorities iu the early
part of 1772 concluded a treaty with the Cherokees whereby a bound-
ary line was fixed between them, which was to run west from White
Top Mountain in latitude 36° 30'." This boundary left those settlers on
' Martin's North Carolina, Vol. II, p. 106.
'IU., Vol. II, p, 152.
3 lb., Vol. II, p. 220.
^ Ramsey's Auuals of Teuuessee, p. 76.
•■■lb., p. 102.
eib., p. 109.
KOTCE.) . TREATY OF NOVEMBER M, 1765 147
the Watauga Eiver witbin the Indian limits, whereupon, as a measure
of temporary relief, they leased for a period of eight years from the
Indians in consideration of goods to the value of five or six thousand
dollars all the country on the waters of the Watauga. Subsequently
in 1775 [March 19] they secured a deed iu fee simple therefor upon the
further consideration of £2,000.' This deed was executed to Charles
Eobertson as the representative or trustee of the Watauga Settlers' Asso-
ciation, and embraced the following tract of country, viz: All that tract
ou the waters of the Watauga, Holston, and Great Canaway or New
River, beginning on the south or southwest of Holston Eiver six miles
above Long Island in that river; thence a direct line in nearly a south
course to the ridge dividing the waters of Watauga from tlie waters of
Nouachuckeh and along the ridge in a southeasterly directioii to the
Blue Eidge or line dividing North Carolina from the Cherokee lands;
thence along the Blue Eidge to the Virginia line and west along such
line to the Holston Eiver; thence down the Holston Eiver to the begin-
ning, including all the waters of the Watauga, part of the waters of the
Holston, an<l the head branches of New Eiver or Great Canaway, agree-
able to the aforesaid boundaries.
Jacob Broivn^s purchase. — Jacob Brown, in 1772, for a horse load of
goods leased from the Cherokees a tract ou the Watauga and Nona-
chucky Elvers.
Three years later (March 25, 1775) for a further consideration of teu
shillings he secured from them a deed in fee for the leased tract as well
as an additional tract of considerable extent.
The boundary of the first of these bodies of land ran from the mouth
of Great Limestone Creek, thence uji the same and its main fork to the
ridge dividing the Wataugah and Nonachuchy Elvers; thence to the head
of Indian Creek, where it joins the Great Iron Mountains, and along
those mountains to the Nonachuchy Elver ; across the Nonachuchy Eiver,
including its creeks, and down the side of Nonachuchy ^Mountain against
the mouth of Great Limestone Creek and from thence to the phice of
beginning.
The second purchase comprised a tract lying on the Nonachuchy
Eiver below the mouth of Big Limestone on both sides of the river and
adjoining the tract just described. Its boundaries were defined as
beginning on the south side of the Nouachuchy Eiver below the old
fields that lie below the Limestone on the north side of Nonachuchy
Mountain at a large rock ; thence north 32° west to the mouth of Camp
Creek on the south side of the river; thence across the river; thence pur-
suing a northwesterly course to the dividing ridge between Lick Creek
and Watauga or Holston Eiver, thence along the dividing ridge to the
rest of Brown's lands ; thence down the main fork of Big Limestone to
its mouth; thence crossing the Nouachuchy River and pursuiug a.
'Ramsey's Aunals of Tennessee, p. 119.
148 CHEROKEE NATION OF INDIANS.
Straight course to tlie youacbuchy Mountains and along such mount-
ains to the beginning.'
Treaty and purclmiie of 1773. — On the 1st of June, 1773, a treaty
was concluded jointly with the Creeks and Qherokees by the British
superintendent wherebj' they ceded to Great Britain a tract beginning
where the lower Creek path intersects the Ogeechee River, thence along
the main channel of that river to the source of the southernmost branch
thereof; thence along the ridge between the waters of Broad aud Oconee
IJiversupto theBuffalo Lick; thence in a straight line tothe treemarked
by the Cherokees near the head of the branch falling iuto the Oconee
Eiver [on the line between Clarke and Oglethorpe Counties, about S
miles southeast of Athens] ; thence along the said ridge 20 miles above
the line already run by the Cherokees, and from thence across to the
Savannah Eiver by a line parallel to that formerly marked by them.
Ilinderiion\s purchase hij Ihe treaty of 1775. — On the 17th of March,
1775, Richard Henderson and eight other jirivate citizens concluded a
treaty with the Cherokees at Sycamore Shoals, on Watauga Eiver. By
its terms they became the purchasers from the latter (in consideration
of £10,000 worth of merchandise) of all the lands lying between Ken-
tucky aud Cumberland Eivers, under the name of the Colony of Trau-
sylvania in Xorth America. This purchase was contained in two deeds,
one of which was commonly known as the " Path Deed," and conveyed
the following described tract: "Begin on the Holston Eiver, where
the course of Powell's Mountain strikes the same; thence up the
river to the crossing of the Virginia line; thence westerly along the
line ruu by T3onelson * * * to a point six (0) English miles east of
Long Island in Holston River ; thence a direct course towards the mouth
of the Great Kanawha until it reaches the top of the ridge of Pow-
ell's Mountain; thence westerly along said ridge to the beginning."
This tract was located in Northeast Tennessee and the extreme south-
western corner of Virginia.^ The second deed covered a much larger
area of territory and was generally known as the "Great Grant." It
comprised the territory " beginning on the Ohio River at the mouth of
the Kentucky, Cherokee, or what, by the English, is called Louisa
River ; thence up said river aud the most northwardly fork of the same
to the bead-spring thereof; thence a southeast course to the ridge of
Powell's Mountain ; thence westwardly along the ridge of said moun-
tain to a point from which a northwest course will strike the head-
' Ramse}''s Auuals of Tennessee, pp. 110, 121.
-' There seems to be a confused idea in this descrijition .ts to the identity of Powell's
Mountain. This was doubtless occasioned by a lack of definite knowledge concern-
ing the topography of the country. This ridge, as it is commonly known, does not
touch the Holston River, but lies between Powell's and Clinch Rivers. The mountains
supposed to be alluded to in that portion of the de.scriptiou are a spur of the Clinch
Mountains, which close in on the Holston River, near the mouth of Cloud's Creek.
ROYCE] TREATY OF NOVEMBEK 2S, 1785. 149
sj)ring of the most southwardly branch of Cumberlaud Itiver ; thence
down said river, iuchidiug all its waters, to the Ohio River ; theuce
up said river as it meanders to the beginning." ' This tract com-
prises nearly the whole of Central and Western Kentucky as well as
part of Northern Central Tennessee. Although a literal readiug of these ^
boundaries would include all the territory watered by the Cumberland
Eiver and its branches, the general understauding seems to have been
(and it is so specifically stated in the report of the treaty commissioners
of 1785) that Henderson's purchase did not extend south of Cumberland
Eiver proper.^ The entire purchase included in both these deeds is
shown as one tract on the accompanying maii of cessions and num-
bered 7.
In this connection it is proper to remark that all of these grants to
private individuals were regarded as legally inoperative, though in
some instances the beneficiaries were permitted to enjoy the benefits of
their purchases in a modified degree. All such purchases had been
inhibited by royal proclamation of King George III, under date of Oc-
tober 7, 1763,^ wherein all provincial governors were forbidden to grant
lands or issue land warrants locatable upon any territory west of the
mountains or of the sources of streams flowing into the Atlantic. All
private persons were enjoined from purchasing lauds from the Indians.
All purchases made of such lands should be for the Crown by the gov-
ernor or commander-in-chief of the colony at some general council or
assembly of the Indians convened for that purpose.
In the particular purchase made by Henderson and his coadjutors,
the benefits thereof were afterwards claimed by the authorities of Vir-
ginia and Xorth Carolina for those States, as the successors of the
royal prerogative within their respective limits. In consideratiou,.
however, of Henderson's valuable services on the frontier, and in com-
pensation for his large expenditures of money in negotiating the pur-
chase, the legislature of North Carolina in 1783 granted to him and
those interested with him a tract of l.'00,000 acres,'' constituting a strip
4 miles in width from old Indian town on Powell's Eiver to the mouth,
and thence a strip down the Clinch River for quantity 12 miles in widtli.
The legislature of Virginia also granted them a tract of like extent upon
the Ohio Eiver, opposite Evansville, Indiana.^
Trenties and purchases of 1171. — In consequence of continued hostili-
ties between the Cherokees and the settlers, General Williaiuson in 177G
marched an army from South Carolina and destroyed the towns of the
former on Keowee and Tugaloo Rivers. General Rutherford marched
1 Maun Butler's Apiioal. pp. Sfi, 27.
- Americau State Papers, ludiau Affairs, Vol. I, p. 38.
3 Jlartiu's Xorth Caroliua, Vol. II, p. 339.
^ Haywood's Teuuessee. pp. IG, 17.
° Ramsey's Aiiuals of Teuuessee, p. 204.
150 CHEROKEE NATION OK INDIANS.
auotber force from North Carolina and Colonel Christian a third from Vir-.
ginia, and destroyed most of their ]iriucipal towns on the Tennessee.'
At the conclusion of hostilities with the Cherokees, following these
exiteditions, a treaty with them was concluded May 20, 1777, at De
Witt's or Duett's Corners, South Carolina, by the States of South Car-
olina and Georgia. By the terms of this treaty the Indians ceded a
considerable region of country upon the Savannah and Saluda Eivcrs,^
comprising all their lauds in South Carolina to the eastward of the
Unacaye Mountains.
Two months later (July 20) Commissioners Preston, Christian, and
Shelby, on the j)artof A'irginia, andAverj-, Sharjie, Winston, and Lanier,
for North Carolina, also concluded a treaty with the Cherokees, by
which, in the establishment of a boundary between the contracting
parties, some parts of "Brown's line," ijreviously mentioned, were
agreed upon as a portion of the boundarj-, and the Indians relinquished
their lauds as low down on Ilolston Kiver as the mouth of Cloud's
Creek. To this treaty the Chicamauga band of Cherokees refused
to give their assent.''
The boundaries defined by this treaty are alluded to and described
in an act of the North Carolina legislature passed in the following year,
wherein it is stipulated that '• no person shall enter or survey any lands
"within the Indian hunting grounds, or without the limits heretofore
ceded by them, which limits westward are declared to be as follows:
Begin at a point on the dividing line which hath been agreed upon be-
tween the Cherokees and the colony of Virginia, where the line between
that Commonwealth and this State (hereafter to be extended) shall in-
tersect the same ; running thence a right line to the mouth of Cloud's
Creek, being the second creek below the Warrior's Ford, at the mouth
of Carter's Valley; thence a right line to the highest point of Chimney
Top Mountain or High Eock ; thence a right line to the mouth of Camp
or jMcNamee's Creek, on south bank of Nolichucky, about ten miles
below the mouth of Big Limestone; from the mouth of Camp Creek a
southeast course to the top of Great Iron ^Mountain, being the same
which divides the hunting grounds of the Overhill Cherokees from the
hunting grounds of the middle settlements ; and from the top of Iron
Mountain a south course to the dividing ridge between the waters of
French Broad, and Nolichucky Elvers; thence a southwesterly course
along the ridge to the great ridge of the Appalachian Mountains, which
divide the eastern and western waters; thence with said dividing ridge
to the line that divides the State of South Carolina from this State."*
EmUjrntion of Chkamauga haniL — The Cherokees being very much
curtailed in their hunting grounds by the loss of the territory wrested
' Letter of Governor Blount to Secretary of War, January 14, 1793. See American
State Papers, Indian Affairs, Vol.1, p. 431.
-American State Papers, Indian Affairs, Vol. I, ji. 4:U. and Kamsey's Xenn., p. i7'2.
'Haywood's Tennessee, p. 4.jl.
^Scott's Laws of Tenne.ssee and North Candina, Vol. I. ii. 1235.
KovLE.] TREATY OF NOVEMBER 28, 1785. 151
from them by the terms of these two treaties, begau a movement fur-
ther down the Tennessee River, and the most warlike and intractable
portion of them, known as the Chicamaugas, settled and built towns on
Chicaaiauga Creek, about one hundred miles below the month of the
Holston River. Becoming persuaded, however, that this creek was
infested with witches they abandoned it in 1782, and built lower down
the Tennessee the towns usually called " The Five Lower Towns on the
Tennessee." These towns were named respectively Running Water,
Nickajack, Long Island Village, Crow Town, and Lookout Mountain
Town. From thence marauding parties were wont to issue in their
operations against the rajndly encroaching settlements.'
Although comparative peace and quiet for a time followed the heroic
treatment administered to the Indians by the exi»editions of Williamson,
Rutherford, Christian, and others, reciprocal outrages between the
whites and Indians were of frequent occurrence. The situation was
aggravated in 1783 by the action of the assembly of North Carolina in
passing an act (without consulting the Indians or making any effort
to secure their concurrence) extending the western boundary of that
State to the Mississippi River, reserving, however, for the use of the
Cherokees as a hunting grouud a tract comprised between the point
where the Tenn essee River first crosses the southern boundary of the
State and the head waters of Big Pigeon River.^
Treaty and purchase of 1783. — On the 31st of May of this same year,
by a treaty concluded at Augusta, Ga., the Cherokee delegates
present (together with a few Creeks, who, on the 1st of November suc-
ceeding, agreed to the cession) assumed to cede to that State the re-
spective claims of those two nations to the country lying on the west
sideof the Tugaloo River, extending to and including the Upper Oconee
River region.^ With the provisions of this treaty no large or represent"
ative portion of either nation was satisfied, and in connection with the
remarkable territorial assertions of the State of North Carolina, together
with the constant encroachments of white settlers beyond the Indian
boundary line, a spirit of restless discontent and fear was nourished
among the Indians that i-esulted in many acts of ferocious hostility.
Treaties w ith the State of FranlUn. — 1 u 1 784, in consequence of the ces-
sion by North Carolina to the United States of all her claims to lands
west of the mountains (which cession was not, however, accepted by the
United States within the two years prescribed by the act) the citizens
within the limits of the present State of Tennessee elected delegates
to a convention, which formed a State organization under the name of
the State of Franklin and which maintained a somewhat precarious po-
' Letter of Governor Blount to Secretary of War, January 14, 1793. See American
State Papers, Indian Affairs, Vol. I, p. 431, also pnge 263.
■Report of Senate Committee March 1, 1797. See American State Papers, Indian
Affairs, Vol. I, p. 6*23. Also Ramsey's Annals of Tennessee, p. 276.
^ Carpenter and Arthur's History of Georgia, p. 253.
152 CHEKOKEE NATION OP INDIANS.
litical existeuce for about four years. During this interval tbe author-
ities of tbe so called State negotiated two treaties witb tbe Cberokee ]!fa-
tion, the ftrst one l)eing eutered into near tbe moutb of Dumpliu Creek, ou
the north bauk of French Broad Eiver, May 31, 1785.' This treaty estab-
lished the ridge dividing tbe waters of Little Eiver from those of tbe Ten-
nessee as the dividing line Ijetween the possessions of tbe whites and
Indians, the latter ceding all claim to lands south of tbe French Broad
and Holston, lying east of that ridge. The second treaty or conference
was held at Cbotee Ford and Coytoy, July 31 to August 3, ITSC. The
Franklin Commissioners at this conference modestly remarked, '' We
only claim the island in Tennessee at tbe moutb of Holston and from
the head of the island to tbe dividing ridge between the Holston Eiver,
Little Iliver, and Tennessee to tbe Blue Ridge, and the lands North
Carolina sold us on tbe north side of Tennessee." They urged this
claim under threat of extirpating the Cherokees as the penalty of re-
fusal.'^
TliEATY RELATIONS WITH rilK UNITED STATES.
This general history of the Cherokee Nation and tbe treaty relations
that had existed with tbe colonial authorities from the period of their
first oflScial contact with each other is given as preliminary to the con-
sideration of the history and ]>rovisions of the first treaty negotiated
between commissioners on the part of the United States and tbe said
Cherokee Nation, viz, tbe treatj' concluded at Hopewell, on tbe Keowee
Eiver, November 28, 178.5, an abstract of tbe provisions of which is
bereinbefore given.-'
The conclusion of this treaty marked tbe beginning of a new era in
the relations between the whites and Cherokees. The boundaries then
fixed were the most favorable it was possible to obtain from tbe latter
without regard to previous purchases and pretended purchases made
by private individuals and others. Although tbe Indians yielded an
extensive territory to tbe United States,'' yet, on the other hand, the
latter conceded to tbe Cherokees a considerable extent of teriitory that
had already been purchased from them by private indiviiluals or asso-
ciations, though by methods of more than doubtful legality.
The conteations between the border settlers of Virginia, North Caro-
lina, South Carolina, and Georgia, as well as of tbe authorities of those
States, with tbe Cherokees and Creeks, concerning boundaries and the
constantly recurring mutual depredations and assaults upon each other's
lives and ijroperty, prompted Congress, though still deriving its powers
from the Articles of Confederation, to the active exercise of its treaty-
making functions. It was, therefore, determined^ to appoint commis-
■ Ramsey's Annals of Tennessee, i>. "299.
-lb.. p.34.\l.
'United St.ites Statutes at Large, Vol. VII, p. 18.
■• See Nos. 10a and 106 on accompauyiuj; map of Cherokee cessions.
*By resolutiou of Congress, March 1.5, 1785.
ROYCE.J TREATY OF NOVEMBER i^, IT<5. 153
siouers who should be empowered under their iDStructions, subject, of
course, to ratification by Oougress, to negotiate a treaty with the Cliero-
kees, at which the boundaries of the lauds claimed bj' them should bo
as accurately ascertained as might be, and the line of division carefully
marked between them and the white settlements. This was deemed
essential in order that authoritative proclamation might be njade of
the same, advising and warning settlers against further encroachments
upon Indian territory.
PROCEEDINGS AT TREATY OF HOPEWELL.
The commissioners deputed for the performance of this duty were
Benjamin Hawkins, Andrew Pickens, Joseph Martin, aud Lachlan Mc-
intosh. They convened the Indians in council at Hopewell, S. C, ou
the 18th of November, 1785.' Hopewell is on the Keowee Eiver, 15
miles above the junction of that river with the Tugaloo. The commis-
sioners announced to the Indians the change of sovereignty from Great
Britain to Congress that had taken place in the country as a conse-
quence, of the successful termination of the Eevolutiou. They further
set forth that Congi-ess wanted none of the Indian lands, nor anything
else belonging to them, but that if they had any grievances, to state
them freely, aud Congress would see justice done them. The Indian
chiefs drafted a map showing the limits of country claimed by them,
which included the greater portion of Kentucky and Tennessee, as well
as portions of North Carolina, South Carolina, and Georgia. Being re-
minded by the commissioners that this claim covered the country pur-
chased by Colonel Henderson, who was now dead, and whose purchase
must therefore uot be disputed, they consented to relinquish that por-
tion of it. They also consented that the line as finally agreed upon,
from the mouth of Duck Eiver to the dividing ridge between the Cumber-
land and Tennessee Elvers, should be continued up that ridge and from
thence to the Cumberland in such a manner as to leave all the white
settlers in the Cumberland country outside of the Indian limits.
At the time, it was supposed this could be accomplished by running a
northeast line from the ridge so as to strike the Cumberland /o)-f^ miles
above Nashville. This portion of the boundary, not having been affected
by the treaty of 1791 (as was supposed by the Cherokees), was reiterated
in that treaty in a reverse direction. But the language used — whether
intentional or accidental — rendered it susceptible of a construction
more favorable to the whites. This language read, "Thence down tlie
Cumberland Eiver to a point from which a southwest line will strike
the ridge which divides the waters of Cumberland from those of Duck
Eiver, 10 miles above Nashville." As this line was not actually sur-
veved and marked until the fall of 1797,^ and as the settlements in that
' Report of Treaty Commissioners, dated Hopewell, December 2, 1785. See Ameri-
can State Papers. Indian Ati'airs Vol. I, p. 40.
^American Sta':e Papers, Indian Aft'airs, Vol. I, p. 628, and letter of General Win-
chester to General Robertson, November 9, 1797.
154 CHEROKEE NATION OF INDIANS.
lofiility had iu tbe meautime materially advanced, it became necessary,
in order to exclude the bulk of the settlers from the Indian country, to
take advantage of this technicality. The line was consequently so run
(from a point on said dividing ridge 40 miles above Nashville) that it
struck the Cumberland River about 1 mile above the mouth of Eock
Castle Kiver, a distance of perhaps 175 to 2t)0 miles above Nashville.
This line was surveyed by General James Winchester, who, under date
of November 9, 17!>7, in a letter to General Robertson, describes a por-
tion of it as running as follows :
From Walton's road to the Fort Bloiiut road, which it crosses near the two springs
at the 32-mile tree ; crosses Obey's River about 6 or 7 miles from the mouth ; Acli-
niugh about 2 miles above the Salt Lick; the South Fork of Cumberland, or Flute
River, .5 or 6 miles from the mouth, and struck Cumberland River about a mile above
the mouth of Rock Castle.
He also adds that the total length of the line (from the dividing ridge
to Cumberland River above Eock Castle) is 138|^ miles.
The Fort Blount here mentioned was on the south side of Cumber-
land Eiver, about (! miles in a direct line, southwest of Gainesboro', and
the road led from there to Walton's road, which it. joined at or near the
present site of Cooksville.' Walton's or Caney Foik road led from
Carthage in an easterly direction, and before the organization of Put-
nam County formed the boundary line between Overton and White
counties, from whence it continned easterly through Anderson's Cross
Roads and Montgomery to Wilson's, in Knox County. The "Two
Springs," are about 2 or 3 miles northwest of Cooksville.'
There is much ditliculty in determining the absolute course of the
"Winchester line," from the meager description contained in his letter
above quoted. Arrowsmith and Lewis, iu their Atlas, published in
1805, lay down the liue as pursuing a perfectly straight course from its
point of departure on the dividing ridge to its termination on the Cum-
berland above the mouth of Rock Castle River. Their authority for
such a detiuition of the boundary is not given. If such was the true
course of the line, the description given in General Winchester's letter
would need some explanation. He must have considered Obey's River
as emptying into Wolf River in order to bring his crossing of the
former stream reasonably near the distance from its mouth specified by
him. He must also have been mistaken in his estimate of the dis-
tance at which the line crossed above the mouth of the South Fork of
the Cumberland. The line of Arrowsmith and Lewis would cross that
stream at least 12 miles in a direct liue above its mouth, instead of five
or six. It is ascertained from correspondence with the t'tticers of the
Historical Society of Tennessee, that the line, after crossing the Fort
Blount road at the "Two Springs," continued in a northeasterly direc-
tion, crossing Eoaiing Fork near the mouth of a small creek, and, pur-
suing the same course, passed to the east of the town of Livingston.
• Letter of Hon. Jno. M. Lea, of Nashville, Tenn., to the author.
ROYCE..] TREATY OV NOVEMBER is, 1785. 155
''Nettle Carrier," a Cherokee Indian of some local note, lived on tlie
headwaters of Nettle Carrier's Creek, about four or five miles east of Liv-
ingston, and the line passed about halfway between his cabin and the
present site of that village.' Thence it continued to the crossing of
Obey's River, and thence to the point of intersection with the Kentuck}-
bouudary line, which is ascertained to have been at the uortheast
corner of Overton County, Tennessee, as originally organized in 1800.
From this point the line continued to the crossing of Big South Fork,
at the place indicated by General Winchester, and thence on to the
Cumberland at the terminal point one mile above the mouth of Eock
Castle River. In the interest of clearness a literal following of the line
indicated in General Winchester's letter, and also that given by Arrow-
smith and Lewis, are shown upon the accompanying map. At the con-
ference preliminary to the signing of the treaty of 1785, the Indians
also asserted that within the fork of the French Broad and Ilolston
Rivers were 3,000 white settlers who were there in defiance of their pro-
tests. They maintained that they bad never ceded that country, and
it being a favorite spot with them the settlers must be removed. The
commissionei'S vainly endeavored to secure a cession of tlie French
Broad tract, renmrking that the settlers were too numerous to make
their removal possible, but could only succeed in securing the insertion
of an article in the treaty, jjroviding for the submission of the subject
to Congress, the settlers, in the mean time, to remain unmolested.^
Protest of North Carolina and Georgia. — During the pendency of
negotiations, William lilount, of North Carolina, and John King and
Thomas Glasscock, of Georgia, presented their commissions as the
agents representing the interests of their respective States. They
entered formal protests in the names of those States against the
validity of the treaty, as containing several stipulations' which infringed
and violated the legislative rights thereof. The principal of these was
the right, as assumed by the commissioners, of assigning to the Indians,
territory which had already been appropriated, by act of the legislature
in the case of North Carolina, lo the discharge of bounty-land claims of
the officers and soldiers of that State who had served in the Continental
line during the Revolution.-^
There were present at this treaty, according to the report of the com-
missioners, 918 Cherokees, to whom, after the signature and execution
thereof, were distributed as presents goods to the value of $1,311^5.
The meagerness of the supply was occasioned, as the commissioners
exjdained, by their expectancy of only meeting the chiefs and head-
men.^
' Letter of Geo. H. Morgan, of Gainesborough, Tennessee.
•Report of Treaty Commissioners. See American State Papers, Indian Affairs,
A^ol. I, p. 3S.
"American State Papers, Indian Affairs, Vol. I, p. 44.
■"Journal of Treaty Commissioners. See American State Papers, Indian Atlairs,
V(d. I. p. 43.
156 CHEROKEE NATION OF INDIANS.
Location of boundaries. — In the location of the boundary points be-
tween the Cherokees and whites, recited in tlie fourth article of the
treaty, it is proper to remark that —
1. The route of the line along the ridge between Cumberland and
Tennessee Elvers, and from thence to the Cumberland, at a point 40
miles above Nashville, has already been recited. '
2. "The ford where the Kentucky road crosses the river" (Cumber-
land) is at a point opi)osite the mouth of Left-Haud Fork, about 12 or
13 miles slightly west of north of Cumberland Gap. From the point
'' 40 miles above Xashville " to this ford, the commissioners adopted,
as they declare, the line of Henderson's Purchase; while from the " Ken-
tucky Ford "to the mountain, G miles south of the mouth of Camp
Creek on Xolichucky, they followed the boundary prescribed by the
treaty of July 20, 1777, with Virginia and North Carolina.'
3. "Campbell's line" was surveyed in 1777-78 by General William
Campbell, as a commissioner for marking the boundary between Vir-
ginia and the Cherokees. It extended from the mouth of Big Creek to
the high knob on Poor Valley Eidge, 332 iioles S. 70° E. of the sum-
mit of the main ridge of Cumberland Mountain, a short distance west
of Cumberland Gap.'^ The point at which the treaty line of 1785 struck
Campbell's line was at the Kentucky road crossing, about li miles south-
east of Cumberland Gap.
4. The treaty line followed Campbell's line until it reached a point
due north of the mouth of Cloud's Creek. From this point it ran south
to the mouth of that creek, which enters the Holston from the north, 3
miles west of Eogersville.
5. The line from Cloud's Creek pursued a northeasterly direction to
Chimuej' Top Mountain, which it struck at a point about 2 miles to
the southward of the Long Island of Holston Eiver.
G. " Camp Creek, near the mouth of Big Limestone, on the Noli-
chucky " (which is the next point in the boundary line), is a south branch
of Xolichucky Eiver in Greene County, Tennessee, between Horse and
Cove Creeks, and empties about G miles southeast of Greeneville. It
was sometimes called McNamee's Creek.
7. The mountain "six miles to the southward of Camp Creek" was
in the Great Smokj- or Iron Eange, not far from the head of that creek.
8. "Thence south to the North Carolina line, thence to the South
Carolina Indian boundary." This line was partially surveyed in the
winter of 1791, by Joseph Hardin, under the direction of Governor
Blount.^ It ran southeasterly from the mouth of McNamee's or Camp
' Eejiort of Treaty Coramissiouers in Americau State Papers, Indian Affairs, Vol. I,
p. .38.
-Letter of Return J. Meigs to Secretary of War, May ."), 1803; also, letter of Hon.
John M. Lea, N.asbville, Tennessee.
'Letter of Governor Blount to Secretary of War, Iicceniljer 10, 1792, in American
State Papers, Indian Affairs, Vol. I, p. 631.
BOYCE,i TREATY OF NOVEMBER 28, 1785. 157
Creek, a distance, as stated by Governor Blount, of 00 miles to Euther-
ford's War Trace, although the point at which it struck this " Trace,"
which is given in Governor Blount's correspondence as being 10 or I'J
miles west of the Swanuauoa settlement, is only a trifle over 50 miles
in a direct line from the mouth of Camp Creek.
The "liutlierford's War Trace" here spoken of was the route pur-
sued by General Griffith Eutherford, who, in the summer of 177C,
marched an army of 2,400 men against the Cherokees. He was re-en-
forced by Colonels Martin and Armstrong at Cathey's Fort; crossed
tlie Blue Eidge at Swannana? Gap ; passed down and over the Frencli
Broad at a place yet known as the "War Ford;" continued up the
valley of Hominy Creek, leaving Pisgah Mountain to the left and cross-
ing Pigeon Elver a little below the mouth of East Fork ; thence through
the mountains to Eichland Creek, above the present town of Waynes-
ville; ascended that creek and crossed Tuckaseigee Eiver at an Indian
village; coutiuued across Cowee Mountain, and thence to the Middle
Cherokee Towns on Tennessee Eiver, to meet (ieneral Williamson,
from South Carolina, with an army bent on a like mission. ^ The
boundary between western North Carolina and South Carolina was not
definitely established at the date of the survey of Uai-din's line and,
as shown by an old map on file in the Ofiflce of Indian Affairs, the point
at which a prolongation of Hardin's line would have struck the South
Carolina Indian boundary was supposed to be on or near the 35th degree
of north latitude,^ whereas it was actually more than 20 miles to the
north of that parallel and about 10 miles to the north of the present
boundary of South Carolina. The detinite establishment of this treaty
line of 1785 in this quarter, however, became unnecessary by reason of
the ratification in February, 1792, of the Cherokee treaty concluded
July 2, 1791,' wherein the Indian boundary line was withdrawn a con-
siderable distance to the west.
9. The line along the "South Carolina Indian boundary" ran in a
southwesterly direction from the point of contact with the prolongation
of Hardin's line, passing over "Ocunna" Mountain a short distance to
the northwestwardly of Oconee Station and striking the Tugaloo Ei\er
at a point about 1 mile above the mouth of Panther Creek.'-
10. The line from Tugaloo Eiver pursued a west of south course to
Currahee Mountain, which is the southern terminus of a spur of the
Alleghany Mountains, and is situated 4 miles southwest of "Toccoa
Falls'' and 10 miles northwest of Carnesville, Georgia.
11. From "Currahee Mountain to the head of the south fork of
Oconee Eiver," the line pursued a course south 38° west^ to the source
of that stream, now commonly known as 'the Appallachee Eiver, and
' Ramsey's Annals of Tennessee.
■^Old mannscvipt map on tile in Indian Office, Wasliiugtou, D. C.
'United States Statutes at Lar^e, Vol. VII, p. :».
158 CHEROKEE NATION OF INDIANS.
was the terminal point of the bonndary as defined in this treaty.
This line was snrveyed in 1798^ under the direction of Col. Benj.
Hawkins.
It is also a pertinent fact in couuectiou with the boundaries defined
by this treaty (as already stated in connection with llenderson's treaty),
that although a literal reading of the description contained in Hender-
son's "Great Grant" of 1775 would include all the country watered by
the tributaries of the Cumberland, the commissioners who negotiated
this treaty of Hopewell in 1785 did not consider Henderson's Purchase
as extending south of the Cumberland lliver iiroper, excei^t in its course
from Powell's Mountain to the head of the most southwardly branch of
that river. This branch was considered by these commissioners of 1785
as being the Yellow Kivcr, whose source was at best but imperfectly
known. They specifically state that they accept the boundaries of Hen-
derson's Purchase in this direction,' and as the boundary defined by
them between Powell's Mountain and Yellow liiver was ''Campbell's
line," they must have considered that line as being the southern limit
of Henderson's Great Grant.
TREATY CONCLUDED JULY 2, 1791 ; PROCLAIMED FEBRUARY 7, 1792.-
Held on hanlc of Moist on River, near the mouth of French Broad, between
William Blount, governor of the Territory south of Ohio River and
snpcrinfendent of Indian affaim, representing the President of the
United States, on the part and behalf of said States, and the chiefs
and warriors of the Cherolee Nation on the part and behalf of said
nation.
MATERIAL PROVISIONS.
1. Perpetual peace declared between the United States and the Chero-
kee Nation.
2. Cherokees to be under sole protection of the United States and to
hold no treaty with any State or individuals.
3. Cherokees and the United States to mutually release prisoners
captured one from the other.
i. Boundary between the United States and the Cherokees defined as
follows : Beginning at the top of Currahee Mountain, where the Creek line
passes it; thence a direct line to Tugelo River; thence northeast to
Ocunna Mountain and over same along South Carolina Indian boundary
' See resolution of Geoigi.a legislature, June 16, 1802. It is however stated by
Eeturn J. Meigs, iu a letter to the Secretary of War dated December 20, 1811, that
this line was ruu by Colonel Hawkius in 1797.
^ American State Papers, Indian Afl'airs, Vol. I, p. 38.
'United States Statutes at Large, Vol. VII, p. 39.
iiOT'n]. • TREATY OF JULY 2, 1791. 159
to the North Carolina boundary ; thence north to a point from which a line
is to be extended to the River Clinch that shall pass the Holston at the
ridge dividing waters of Little lliver from those of Tennessee Eiver;
theuce np Clinch Eiver to Campbell's line and along the same to the top
of Cumberland Mountain ; thence a direct line to Cumberland River
where the Kentucky road crosses it; thence down Cumberland River
to a [loint from which a southwest line will strike the ridge dividing
waters of Cumberland from those of Duck River 40 miles above Nash-
ville ; thence down said ridge to a point from which a southwest line will
strike the mouth of Duck River.
To prevent future disputes, said boundary to be ascertained and
marked by three persons appointed by the United States and three per-
sons appointed by the Cherokees.
To extinguish all claim of Cherokees to lands lying to the right of
said line, the United States agree to immediately deliver certain valu-
able goods to the Cherokees and to pay them $1,000 annually.
5. Citizens of United States to have free use of road from Wash-
ington District to Mero District and of navigation of Tennessee River.
G. The United States to have exclusive right of regulating trade with
the Cherokees.
7. The United States solemnly guarantee to the Cherokees all their
lands not herein ceded.
8. Citizens of the United States or others not Indians settling on
Cherokee lauds to forfeit protection of the United States and be pun-
ished as the Indians see fit.
!). Inhabitants of the United States forbidden to hunt on Cherokee
lauds, or to pass over the same without a passport from the governor of
a State or Territory or other person authorized by the President of the
United States to grant the same.
10. Cherokees committing crimes against citizens of the United States
to be delivered up and punished by United States laws.
11. Inhabitants of the United States committing crimes or trespass
against Cherokees to be tried and punished under United States laws.
12. Retaliation or reprisal forbidden until satisfaction has been re-
fused by the aggressor.
13. Cherokees to give notice of any designs against the peace and in-
terests of the United States.
14. Cherokees to be furnished with useful implements of husbandry.
United States to send four persons to reside in Cherokee country to act
as interpreters.
15. All animosities to cease and treaty to be faithfully carried out.
IG. Treaty to take effect when ratified by the President of the United
States by and with the advice and consent of the Senate.
160 CHEROKEE NATION OF INDIASs.
HISTORICAL DATA.
CAUSES OF DISSATISIACTION WITH THE BOUNDARY OF 1785.
The bouudary liue prescribed by the treaty of November 28, 1785,
had been unsatisfactory to both the Cherokees and the whites. On
the part of the former the chief cause of complaiut was the non-removal
of tlie settlei-s in the fork of the French Broad and Ilohstoii Eivers
and their evident disposition to encroach still farther into the Indian
country at every opportunity. The whites, on the other hand, were dis-
contented because further curtailment of the Cherokee territory had
not been compelled l>y the commissioners who negotiated the treaty,
and the State authorities of North Carolina and Georgia had protested
because of the alleged interference by the General Government with
the reserved rights of the States.' In retaliation for the intrusions of
the whites the Indians were continually engaged in pilfering their stock
and other property.
The state of affairs resulting from this continual friction rendered
some decisive action by Congress necessary. A large portion of the
land in Greene and Hawkins Counties, Tennessee, had been entered by
the settlers under the laws of North Carolina, whereby she had as-
sumed jurisdiction to the Mississippi River.^ These lands were south
and west of the treaty line of 1785, as were also the lands on the west
side of the Clinch upon which settlements had beeu made. Settlers to
the number of several thousand, south of the French Broad and Hol-
ston, were also within the Cherokee limits.^
It is true that the authorities of the so-called State of Franklin had
in the years 1785 and 178G negotiated two treaties with the Cherokees,
obtaining cessions from the latter covering most, if not all, of these
lands,* but neither the State of North Carolina nor the United States
recognized these treaties as of any force or validity.
These trespasses called forth under date of September 1, 1788, a
proclamation from Congress forbidding all such unwarrantable intru-
sions, and enjoining all those who had settled upon the hunting ground
of the Cherokees to depart with their families and effects without loss
of time.
General Knox, Secretary of War, under date of July 7, 1789, in a
communication to the President, remarked that " the disgraceful viola-
tion of the treaty of Hopewell with the Cherokees requires the
serious consideration of Congress. If so direct and manifest cou-
' American State Papers, ludian Aftairs, Vol. I, p. 44.
-Protest of Col. William Blount to Treaty Commissioners of 178.5. American State
Papers, ludian Affairs, Vol. I, p. 44, and Ramsey's Auuals of Tenn., p. .">49. Also
i? 'ott's Laws of Tennessee and North Carolina. Vol. I.
'American .State Papers, Indian Ati'airs, Vol. I, p. 38.
^ Ramsey's Annuls of Tennessee, p. :i4j.
u'vri;! TKKATY OF JULY i, 1701. 161
tempt of the authority ot the Uuited States be suftered with i:ii-
punity, it will be iu vain to attempt to extend the arm of govern-
ment to the frontiers. The Indian tribes can have no faith in sncii
imbecile promises, and the lawless whites will ridicule a government
which shall, on paper only, make Indian treaties and regnlate Indian
bonndaries." '
He recommended the appointment of three commissioners on the
part of the United States, who should be invested with full powers to
examine into the case of the Cberokees and to renew with them the
treat.y made at Hopewell in 1785 ; also to report to the I'rcsideiit such
measures as should be necessary to protect the Indians in the bound-
aries secured to them by that treaty, which he suggested would involve
the establishment of military posts within the Indian country and the
services of at least five hundred troops. President Washington, on
the same day, transmitted the report of the Secretary of War, with the
accompanying papers, to Congress. He approved of the recommenda-
tions of General Knox, and urged upon that body prompt action in the
matter.
Congress, however, failed to take any decisive action at that session,
and on the 11th of August, 1790, President AVashiiigton again brought
the subject to the attention of tliat body. After reciting the substance
of his previous communication, Le added that, notwithstanding the
treaty of Hopewell and the proclamation of Congress, u])wards of five
liundred families had settled upon the Cherokee lands, exclusive of
those between the fork of the French Bi-oad and Holston Eivers.- He
further added that, as the obstructions to a proper conduct of the mat-
ter had been removed siuce his previous communication, by the acces-
sion of North Carolina to the Union and the cession to the United States
by her of the lands in question,^ he should conceive himself bound to
exert the powers intrusted to him by the Constitution in order to carry
into faithful execution the treaty of Hopewell, unless it should be t iionght
proper to attempt to arrange a new boundary with the Cherokees,
embracing the settlements and compensating the Cherokees for the
cessions they should make.
fhiited States Senate authorizes a new treaty. — Upon the reception gf
this message the Senate adopted a resolution advising and consenting
that tlie President should, at his discretion, cause the treaty of Hope-
well to be carried into execution or enter into arrangements for such
' American State Papers, Indian Affairs, Vol. I, p. .53.
■' lb., p. 83.
' The assembly of Nortb Carolina proceeded in 1789 to mature a plan for the sev-
erance of Tennessee, and passed an act for the purpose of ceding to the I'nited
States of America certain western lands therein described. In conformity with one
of the iirovisions of the act, Samuel Johnson and Benjamin Hawkins, Senators in
Congress from North Carolina, executed a deed to the United States on the 25th of
February, 1790. Congress accepted the cession by act of April 2, 1790, and Tennessee
ceased to be a part of North Carolina.
5 BTH 11
162 CHEROKEE NATION OP INDIANS.
fnrtber cession of territory from the Cherokees as the tranijuillitj' and
interests of the United States should require. A proviso to this reso-
lution limited the compensation to be paid to the Cherokees for such
inrtlier cession to $1,000 per annum and stipulated that no person who
had taken possession of any lands within the limits of the projjosed ces-
sion should be confirmed therein until he had comjjlied with such terms
as Congress should thereafter prescribe.
Accordingly, instructions were issued to William Blount, go\ernor
of the Territory south of the Ohio IJiver and ex officio superintendent
of Indian afi'airs, to conclude a treaty of cession with the Cherokees.'
TENNESSEE COMPANY'S PURCHASE.
In the mean time the troubles between the Indians and the settlers
had become aggravated from divers causes, rroniiuent among these
was the fact that Georgia had by act of her legislature disposed of
;?, 500,000 acres of vacant land lying south of Tennessee River to the
Tennessee Company. This assocuatiju undertook to efl'ect a settlement
in the year 1791 at or near the Muscle Shoals.^ The matter coming to
the notice of the Secretary of War was made the subject of a strong
protest by him to the President.'
The latter issued his proclamation forbidding such settlement. The
company persisted in the attempt, and as the President had declared
such act would place them without the protection of the United States,
the Indians were left free to break up and destroy the settlement, which
they did.''
DlFFlCrLTIES IN NEGOTIATING NEW IHEATY.
In pursuance of Governor Blount's instructions, he convened the
Indians at White's Fort, on the present site of Kuoxville, Tenn. ;
and after a conference lasting seven days, succeeded, with much diffi-
culty and with great reluctance on the part of the Cherokees, in con-
cluding the treaty of July 2, 1791.-'
In his letter to the Secretary of War,'' transmitting the treaty, he
asserts the greatest difficulty to have been in agreeing on a boundary,
and that the one fixed upon might seem singular. The reason for this
peculiarity of description was owing to the fact that the Indians in-
'Tliese instructions were issued iu pursuance of the advice and consent of the Sen-
ate, under date of August 11, 1790. See American State Papers, Indian Affairs, Vol.
I, p. 135.
-This act of the Georgia legislature bore date of December 21, 178y. A prior act,
bearing date February 7, 1785, had been passed, entitled "An act for laying out a dis-
trict of land situated on the river Mississippi, within the limits of this State, into a
county, to be called Bourbon." See American State Papers, Indian Affairs, Vol. I, p.
114.
J* .January 22, 17111. .See American State Papers, Indian Affairs, Vol. I, p. 112.
' Ramsey's Annals of Tennessee, pp. .^)49-556.
'= United States Statutes at Large, Vol. VII, p. :?'.».
''July 15,1791. See American State Papers, Indian Affairs, Vol.1, p. 628.
noTCEl TREATY OF JULY 2, 1701. 163
sisted oil beginning on tbe part where tbey were most tenacions of the
land, in preference to the mouth of Dnck IJiver, where the ITopewell
treaty line began. The land to the right of the line was declared to
belong to the United States, becanse no given point of the compass
would describe it. In accordance with his instructions, Governor Blount
proposed to the Indians that tbe ridge dividing tbe waters of Little
Eiver from those of the Tennessee should form a part of the boundary.
To this the Indians would not agree, but insisted on the straight line
which should cross the Holstoii where that ridge should strike it. Gov-
ernor Blount ex|)lains that tbis line is not so limited by tbe treaty as to
the point at which it shall leave the north line or at which it shall
strike the Clinch, but that it might be so run as either to include or
leave out tbe settlers south of the ridge; the oidy stii>ulations respect-
ing it being that it should cross tbe Ilolston at tbe ridge, and should be
run by commissioners appointed by the respective parties.
He urged that the line should be run immediately after the ratifica-
tion of the treaty, as settlers were already located in tbe immediate
vicinity of it, and more were preparing to follow
Tbe President transmitted tlie treaty to the Senate with bis mes-
sage of October 26, 1791, ' and Senator Hawkins, from the committee
to whom it was referred, reported it bade to the Senate on tbe 9th of No-
vember following, recommending that the Senate advise and consent to
its ratiiicatiou.^
On tbe 19th of the same month the Secretary of War advised Gov-
ernor Blount that tbe treaty had been ratified by the President, by and
with tlie advice and consent of tbe Senate, and inclosed him 50 printed
copies for distribution, although tbe United States Statutes at Large
[Vol. Vli, p. 39] give the date of the proclamation of the treaty as Feb-
ruary 7, 1792.^
SURVKV OF NEW BOUNDARIKS.
The Secretary also intrusted the matter of the survej' of the new
boundary to the discretion of Governor Blount, and suggested the ap-
pointment of Judge Campbell, Daniel Smith, and Col. Landon Carter as
commissioners to superintend tbe same. Tbis suggestion was subse-
quently modified by the appointment of Charles McLung and John
McKee in place of Smith and Caiter. Governor Blount designated the
1st of May as the date for tbe survey to commence. Andrew Ellicott
was appointed surveyor, he having been previously appointed to survey
the line under the Creek treaty of 1790.* Before these arrangements'
could be carried out, tbe Secretary of War again wrote Governor
Blount,^ remarking that while it was important the line should be run,
'American State Papers, Indian Affairs, Vol. I, p. 123.
^ lb., p. 135.
3 lb., p. 629.
<Ib., P.62&-630.
'January 31, 1792. See American State Papers, Indian Affairs, Vol. I, p. 629..
164 CHEROKEK NATION OF INDIANS.
yet as tlie Uiiitod States, in their military operations, might want the
assistance of the Cherokees, perhaps it would be better policy to
have the lines ascertained and marked after rather than before the
campaign then about to commence against the Indians northwest of
the Ohio.' It was thus determined, in view of numerous indis'idual
acts of hostility on the part of the Cherokees and of the desire to
sootlie them info jieace and to engage them as arixiliaries against the
northern Indians, to temporarily postpone the running of the line.
After considerable correspondence between Governor Blount and the
Cherokee chiefs in council, the Sth of October, 1792, was fixed ui)on as
the date for the meeting of the representatives of both i)arties at Major
Craig's, on Nine-Mile Creek, for the purpose of beginning the survey.^
In the mean time an increased spirit of hostility had become jnanifest
among the Cherokees and Creeks, the five lower towns of the former
having declared war, and an Indian invasion of the frontier seemed im-
minent. Governor Blount, therefore, iu the latter part of September,^
deemed it wise to call fifteen companies of militia into immediate service,
under the command of General Sevier, for the protection of the settle-
mentsi Notwithstanding this critical condition of affairs, the boundary
line commissioners on the part of the United States assembled at the
appointed time and place. After waiting until the following day, the
representatives of the Cherokees putting iu no appearance, they pro-
ceeded to inspect the supposed route of the treaty line. After careful
examination they came to the conclusion that the ridge dividing the
waters of Tennessee and Little Eivers struck the Holston IJiver at the
mouth and at no other point.*
They then proceeded to run, but did not mark, a line of experiment
from the point of the ridge in a southeast direction to Chilhowee Moun-
tain, a distance of 17i miles, and also from the point of beginning in a
northwest direction to the Clinch Eiver, a distance of 9 miles. From
these observations they found that the line, continued to the southeast,
would intersect the Tennessee River shortly after it crossed the Chil-
howee Mountain, and in consequence would deprive the Indians of all
' It uiay not be uninteresting as a historical incident to note the fact that at the time
of General Wayne's treaty at (ireenevillc, in 1795, a liaiul of Cherokees hail settled
on the head-waters of the Scioto Eiver in Ohio. Not presenting themselves at the
conferences preceding that treaty, General Wayne sent them a special message through
Captain Long Hair, one of their chiefs, with the information that if they failed to
conelnde articles of peace with him they would be left unprotected. They sent a dele-
gation to assure General Wayne of their desire for peace, saying that as soon as they
gathered their crop of corn they would return to their tribe, which they did.
-American State Papers. Indian Aftairs, Vol. I, p. 630. According to the original
manuscript journal of Col. Benj. Hawkins, Major Craig's house was i mile below the
source of Nine-Mile Creek.
^September 27, 1792. See American State Papers, Indian Aftairs, Vol. I, p. 630.
* Report of Boundary Commissioners, November 30, 1792. American State Papers,
Indian Aftairs, Vol. I, p. 630.
iK'Vu;.] TREATV OF JULY 2, ITPl. 165"
tbeir towus Ijiug ou the south side of the Teiinessee. This I'eudered
iipiiareiit the necessity of cliaiiginft' the directioa of the line into a more
nearly east and west course, and led the commissioners to exi)ress the
oiiinion that the true line should run from the point of the ridge south
OOo cast to Chilhowee Mountain and north 00° west to the Clinch.
The course thus designated left a number of the settlers ou Niue-
IMIle Creek within the Indian limits.'
The records of the War Department ha\ing been almost completely
destroyed by fire in the month of ISTovember, 1800, it is with great dif-
ticultj' that detiiiite data can be obtained concerning the survey of tbis
and other Indian boundaries prior to that date. It has, however, been
ascertained that the above mentioned line was not actually surveyed
until the year 1707.
Journal of Col. Boijamiii Haicklnn. — The mauuscrii)t Journal of Col.
Benjamin Hawkins, now in the possession of the Historical Society of
Georgia, shows that instructions were issued by the Secretary of War
on the 2d of February, 1707, a[)pointiug and directing Col. Benjamin
Hawkins, General Andrew Pickens, and General James Winchester as
commissiouerson the partof the United States to establish and mark the
lines between the latter and the Indian nations south of the Ohio.
These instructions reached Colonel Hawkins at Fort Fidius, on the
Oconee, on the 28th of February. Notice was at once sent to General
Pickens at his residence at Hopewell, ou the Keowee, and also to Gen-
eral Winchester, through Silas Uiiismoor, at that time temporary agent
for the Cherokee Nation, to convene at Tellico, on Tennessee Biver, on
the 1st of April following, for the purpose of determining and marking
the Cherokee boundary line pursuant to the treaty of 1701. Colonel
Hawkins joined General Pickens at Hopewell, from which point they set
out for Tellico on the 23d of March, accompanied by Joseph ^\^hituer,
one of their surveyors, as well as by an escort of United States troops,
furnished by Lieut. Co!. Henry Gaither. Passing Ocunna station, they
were joined by their other survej'or. John Clark Kilpatrick. They
reached Tellico block-house on the 31st of ]\Iarch. and were joined ou
the following day by Mr. Dinsmoor, the Cherokee agent. Here they
were visited by Hon. David Campbell, who, in conjunction with Charles
McLung and John McKee, had been appointed in 1702, as previously
set forth, to survey and mark the line. Mr. Campbell inforuiecl them
that he and his co commissioners, in pursuance of their instructions, did
in part ascertain and establish the boundary and report the same to
(iovernor Blount, and that he would accompany the present commis-
sioners and give them all the information he possessed on the subject.
About the same time confidential information was received that General
Winchester would not attend the meeting of his co-commissioners, and
that this was understood to be in pursuance of a scheme to postpone
' Report of Boiimlary t'omm'sHioneis, Xovembei' :W. 17'J2. Aiiu-iicau ■State Papers,
Indian Aflaiis, Vol. I, p. 630.
166 CHEROKEE NATION OF INDIANS.
tLe luniiing of the line in the interest of certaiu intruders upon Indian
land. On tlie 7th of April the commissioners set out to examine the
location and direction of the ridge dividing the waters of Little Eiver
from those of Tennessee, at the same time noting that " we received in-
formation that the line run between the Indians and white inhabitants
by the commissioners, mentioned on the 3d instant bj' Mr. Campbell,
was by order, for the express purpose of ascertaining a line of accom-
modation for the white settlers, who were then over the treaty line."
By arrangement they met a number of the interested settlers at the
house of Mr. Bartlett McGee on the 9tb, and by them were advised
that the ridge between the sources of Nine-Mile, Baker's, Pistol, and
Crooked Creeks "is that which divides the waters running into Little
Eiver from those running into the Tennessee."
Proceeding with their observations, they set out for the point on this
ridge "where the experiment line for lixing the court-house of Blount
County passes the ridge between Pistol Creek and Baker's Creek, due
east from a point on the Tennessee 13J miles, and this point on the Ten-
nessee is li miles south from a point from where a line west joins the con-
fluence of the Holston and Tennessee." The point on the ridge here
.spoken of was 2i miles north of Bartlett McGee's and 1 mile north of
the source of Xine-Mile Cretk. The commissioners state that in noting
observations they count distances in minutes, at the rate of 00' to 3
miles. From the foregoing point they proceeded west S' to a ridge
dividing Pistol and Baker's Creeks ; turned south C to the top of a
knoll, having on the right the falling grounds of Gallagher's Creek.
This knoll they called " Iron Hill." Continuing south 11', they crossed
a small ridge and ascended a hill I' SSW., crossing a path from Baker's
Creek to the settlements on Holston. From here the ridge bore SSW.
1 mile, SW. by W. 1 mile, SSW. 3 miles, and thence NW., which would
make it strike the Holston River near the mouth of that stream. Tiiis
corresponded with the observations of the previous commissioners who
had run the experimental line.
This inspection convinced the commissioners that a considerable
number of the white settlers were on the Indian land. The latter were
(piite anxious that some arrangement should be made for their accommo-
dation in the coming conference with the Indians, but received no
encouragement from the commissioners further than an assurance that
they should be permitted to gather their crops of small grain and fruit
before removal.
Being asked by the commissioners why the line run by Mr. Campbell
and his confreres was known by three names, " that of experience, of
experiment, and the treaty line with the Indians," they answered that
"it was not the treaty line, but a line run to see how the citizens could
be covered, as they were then settled on the frontier ; that they under-
stood this to be the direction to the commissioners, and that they con-
formed to it and ran the line as we had noticed in viewing the lands
KovcK] TREATY OF JULY 2, 1791. 167
between the two rivers." The settler.s also said, " the law, as they were
likely to be affected, had beeu incautiously worded. They understood
from it that the line from (Jlinch to cross the Holston at the ridge would
turn thence south to the South Carolina Indian boundary on the North
Carolina line. We replie<l that this uuderstandin<r of it was erroneous.
There was no such course in the treaty, and they should never suiixjose
that the Governinent would be capable of violating a solemn guarantee ;
that, although the expression was ' thence south,' yet it must be under-
stood as meaning soutluastwardly, to the point nest called for, as the
point is in that direction and far to the east; that the lands in question
had moreover been expressly reserved by the State of Xorth Carolina
for the Indians, and the occupants had not, as some others had, even the
plea of entry in the land ofBce of that State."
The law referred to above by the settlers and the commissioners was
the act of Congress ai»proved May 19, 179G, entitled '-An act to regu-
late trade and intercourse with the Indian tribes and to preserve peace
on the frontiers." This act recited the course of the Indian boundary
as established by treaty with the various tribes extending from the
mouth of Cuyahoga River along the line described in the treaty of 1795
at Greenville, to the Ohio River and down the same to the ridge divid-
ing the Cumberland and Tennessee Rivers; thence up and along said
ridge and continuing according to the Cherokee treaty of 1791 to the
river Clinch ; " thence down said river to a point from which a line shall
l)ass the Holston, at. the r,dge which divides the waters running into
Little River from those running into the Tennessee; thence suuth to the
North Carolina boundary," etc.
Owing to fears for their personal safety caused by the hostile tone
of the settlers toward them, it was not until the 25th of April that a
representative delegation of the Cherokees was convened iu council by
the commissioners. There were present 147 chiefs and warriors.
Commissioners were appointed by them to act on behalf of their nation,
in conjnction with those on behalf the United States, to run and mark
the boundary line, and an agreement was reached that Messrs. Hawkins
and Pickens should have authority to select the necessary sites for the
proposed militarj- posts within their country.
During the council a delegation of the intruding settlers presented
themselves but were not allowed to attend the deliberations, being
advised by the commissioners "that it was not in coiitenijilation to
make a new treaty but to carrj- the treaty of Holston into effect ; that
we did not expect much light on this subject from the Indians; that
we should form our decision from the instrument itself and not from
interested reporters on either side; that all who were on the Indian
lands could not be relieved by us ; * * * that he (Captain Henly)
and most of the deputation lived on this side of the line of experiment,
and that they had informed us that that line was merely 1o ascertain
how the citizens could be accommodated and on this side of the true line
168 CHEROKEE NATION OF INDIANS.
inteiided in tbe treaty; tbat to accoinnioda-te them a new treaty must
be had and a new line agreed on, and, in our opinion, at this time it
could not be effected ; that the Indians were much alarmed for their situ-
ation, and viewed every attempt to acquire land as a violation of the
solemn guaranty of the Government ; that we need not expect ever to
obtain fairly their consent to part with their land, unless our fellow-citi-
zens would pay more respect than we saw they did to their treaties.
Following this conference with the Indians, the commissioners pro-
ceeiled (examining the country carefully en route) to South West Point,
at the mouth of Clinch Eiver, which they reached on the Gth of May, and
the journal of Colonel Hawkins concludes with this day's proceedings.
It is learned, however, from an old map of the line now on Hie in the oftice
of Indian Aifairs, that the survey was not begun until more than three
months after their arrival at South West Point. From another map in
the same oftice it appears that the line as surveyed extended from a
point about 1,000 yards above South West Point in a course S. 7CP E.
to the Great Iron Mountain, and was known as " Hawkins Line."'
From this point the line continued in the same course until it reached
the treaty line of 1785, and was called " Pickens Line." The supposi-
tion is that as the commissioners were provided with two surveyors,
they separated. Colonel Hawkins with Mr. Wliitner as surveyor running
the line from Clinch Kiver to the Great Iron Mountains, and General
Pickens with Colonel Kilpatrick as surveyor locating the remainder
of it. This supposition is verified so far as General Pickens is concerned
by his own written statement.^
From the point where it struck the Clinch liiver, the line of cession
by this treaty of 1791 followed up the course of that river until it struck
Campbell's line at a point 3 or 4 miles southwest of the present town of
Sueedville. From this point it became identical with the boundary
line prescribed by the treaty of November 28, 1785 at Hopewell.
The tract of country ceded by this treaty comprised the territory
within the present limits of Sevier, Cocke, Jeflerson, Hamblen, Grainger,
and almost the entirety of Knox, as well as portions of Koane, Loudon,
' See preamble to treaty of 1798; American State Papers, ludian Affairs, Vol. I,
j)p.639-G41 ; letters of Inilian Bureau, War Department, December 13 and 14, 1828;
also, old manuscript maps In Office of Indian Aft'airs, Nos. 716 and 749. By tbe former
of these maps it appears tbat tbe survey of " Hawkins Line " from Clincb River vi-as
beu-nn August II?, 1797, and tbat " tbe line connnences on tbe Clincb, oue-fourtb mile
above tbe ferry, in view of Soutb West Point. (Tbe ferry was GOO y.ards above tbe
point.) From tbis point tbe view tbrousb tbo vista or street passing Captain Wade's
garden to tbe rigbt S. 26 W. tbe same side of tbe river above N. 47 W. Tbe begin-
ning tree, a Spauisb o.ak, marked U. S. on tbe nortb side and C. on tbe soutb ; on tbe
oak 1797. A waboo marked U. S. and C. under tbe U. S. Aug. i:i, continues tbe line
4 cuts 7 strikes to tbe Cumberland road, bere a wbite oak marked U. S. and C. Tbe
mile trees bavo U. S. and C. marked on tbem," etc.
= Letter of Gen. Andrew Pickens to Hon. Mr. Nott, of Soutb Carolina, January 1,
1800. See American State Papers, Public Lauds, V<d. I. p. 104.
RovcF, I TREATY OF FEBRUARY 17, 1792. 169
Audersou, Union, Hancock, Hawkins, Sullivan, Washington, Greene,
and Blount Counties in Tennessee, together with a portion of North
Carolina lying principally west of the French Broad River.
TREATY CONCLUDED FEBRUARY 17, 1792 ; PROCLAIMED FEBRUARY
17, 1792.
Held at Fhiladelphia, Pennsylvania, between Henry Knox, Secretary of
War, on behalf of the United States, and certain chiefs and irarriors, in
behalf of themselves and the Chrrol:ee ^^ation.
:iATEEIAL l'ROVIS10Nt<.
This treaty was negotiated as, and declared to be, an additional arti-
cle to the treaty of July 2, 1791, and provided as follows:
]. That the annual sum to be paid to the Cherokees by the United
States, iu consideration of the relinquishment of lands, made in treaty
of 1791, be $1,500 instead of §1,000.
IIlSTORirAL DATA.
DISCONTKNT OF THE CHEKOKEES.
As Stated in considering the treaty of July 2, 1791, the Secretary of
War notified Governor Blount' that the President had ratified tlie
same, and inclosed printed copies thereof to him for distribution.
This was equivalent to its otlicial promulgation, although the treaty
as printed in the United States Statutes at Large gives February 17,
1792, as the date of proclamation.
But, whichever may be the correct date, during the interval elapsing
between them, a Cherokee delegation, without the invitation or knowl-
edge of the United States authorities, proceeded to Philadelphia (then
the seat of Government), where they arrived 011 the 28th of December,
1791, bringing with them from Governor Pinckuey and General Pick-
ens, of South Carolina, evidence of the authenticity of their mission.'^
The delegation consisted of six, besides the interpreter, and was
headed by Neu-e-too-yah, or the Bloody Fellow. They were kindly
received by the President, who directed the Secretary of War to ascer-
tain their business.
Conferences were thereupon held with them, lasting .several days, at
which the Indians detailed at great length their grievances and rar.de
known their wants.
Causes of complaint. — The substance of their communications was to
the eliect that when they were summoned by Governor Blount to the
conference which resulted in the treaty of July 2, 1791, they were uua-
' November 19, 179L See American State Papers, Indian Affairs, Vol. I. p. fiiO.
■'American State Papers, Indian Affairs, V<il. I, p 203.
170 CHEROKEE NATION OK INDIANS.
ware of any purpose on the part of the Governiiicnt to secure auy
furtlier cession of hmd from tliem ; that they had protested vigorously
and consistently for several days against yielding any more territory,
but were met with such persistent and threatening demands from Gov-
ernor Blount on the subject that they were forced to yield; that they had
no confidence that the North Carolinians would attach any sacredness
to the new boundary, in fact they were already settling beyond it; and
that the annuity stipulated in the treaty of 1791, as compensation for
the cession, was entirely inadequate. They therefore asked an increase
of the annuity from $1,000 to $1,500, and furthermore demanded that
the white jieople who had settled south of the ridge dividing the waters
of Little Hi ver from tlio.se of the Tennessee should be removed, and that
such ridge should be the barrier.
President Washington, believing their demand to be a just one, and
also desiring that the delegation should carry home a favorable report
of the attitude and disposition of the Government toward them, sub-
mitted the matter to the Senate ' and requested the advice of that body
as to the propriety of attaching an additional article to the treaty of
1791 which should increase the annuity from $1,000 to $1,500.
Annuitii increased. — To this proposition the Senate gave its advice
and consent,^ and what is mentioned in the United States Statutes at
Large as a treaty concluded and proclaimed February 17, 1792,' be-
came the law of the land.
WAH WITH fllEEllKKES.
This concession did not, however, in any largedegree heal the differ
ences and antagonisms existing between the Indians and the border
settlers, with whom they were brought in constant contact. Even while
the treaty of 1792 was being negotiated by the representatives of the
Cherokees at the capital of the nation, a portion of their young war-
riors were consummating arrangements for the precipitation of a general
war with the whites, and in September, 1792, a party of upwards of 700
Cherokee and Creek warriors attacked Buchanan's Station, Tenn., within
4 miles of Nashville. They were headed by the Cherokee chief John
Watts, who was one of the signers of the treaty of Holston, and had he
not been severely wounded early in the attack, it is likely the station
would have been destroyed.*
A year later, between twelve and fifteen hundred Indians of the same
tribes invaded the settlements on the llolston River and destroyed
Cavitt's Station, 7 miles below Knoxville.- In fact, the intermediate
periods between 1791 and 1795 were filled up by the incursions of smaller
■January 18, 1792.
» Jauuary 20, 1793.
^United States Statutes at Laifje, Vol. VII, \>. A!.
'This attack was made about midnight on tlie :i(ith of September, 1792. See Amer-
ican State P.apers, Indian Afi'airs, Vol. I, p. 294.
^American State Papers, Indian Aft'aiis, Vol. I, \>, 4ti-j.
ROYCE.) TREATY 01' JUNE -iC, 1791. 171
war parties, and it was not until the latter year that the frontiers found
any repose from Indian dciiredations.
The general tranquillity enjoyed after that date seems' to have been
occasioned by the wliolesome discipline administered to the tribes nortli-
west of the Ohio by General Wayne, in liis victory of August 20,
1794, and as a result of the expedition of Major Ore, with his command
of Teunesseeans and Kentuckians, in September of tlie same year,
against the Lower Towns of the Clierolvees, wherein two of tliose towns,
Ituuning Water and Xickajack. were destroyed.'
TREATY CONCLUDED JUNE 26, 1794; PROCLAIMED JANUARY 21, 1795. ^
Held at Philadelphia, Pa., between Henry Knox, Seerclnrti of War, on
behalf of the United States, and the chiefs and irarriors representing
the Cherol;ee Nation of Indians.
MATERIAL PROVISIONS.
The treaty of July 2. 1791, not having been fully carried into effect,
by reason of some misunderstanding, this treaty was concluded to adju-
dicate such differences, and contains tlie following i)rovisions:
1. The treaty of July 2, 1791, declared to be in full force in respect to
the boundaries, as well as in all other respects whatever.
2. The boundaries mentioned in the-ttli article of treaty of July 2, 1791,
to be ascertained and marked after ninety days' notice shall have been
given to the Cherokee Nation of the time and place of commencing the
operation by the United States commissioners.
3. The United States agree, in lieu of all former sums, to furnish
the Cherokees with $o,000 worth of goods annually, as compensation for
all territory ceded by treaties of November 28, 1785, and July 2, 1791.
4. Fifty dollars to be deducted from Cherokee annuity for eveiy horse
stolen by Cherokees from whites and not returned within three months.
5. These articles to be considered as additions to treaty of July 2,
1791, as soon as ratified by tlie President and Senate of the United
States.
HISTORICAL OATA.
Complaints concehning norNDAitiics.
The destruction of the ofBcial records renders it very ditiicuU to ascer-
tain the details of the misunderstandings alleged in the preamble of this
' Report of Ma.j. James Ore to Governor Bloiuit, September 24, 1794. He left Nasli-
ville September 7. with ^t'M moniiteil infautrv. crossed the Tennessee on the V-ith,
about 4 miles below Nickajack, ami on tbe morning of the I3th destroyed Nickajaek
and Running Water towns, killing upwards of 50 and making a number prisoners.
See American State Papers, Indian Affairs, Vol. I, p. 632.
"United States Statutes at Large, Vol. VII, p. 43.
172 CHEROKEE NATION OE INDIANS.
treaty of Juue 26, ITO-t,' to have arisen conceniiug the provisions of tlie
treaty of 1791. But it is gathered from various sources that the priii-
cii)al cause of complaint was in reference to boundaries.
At the treaty of 1791, Governor Blount, as he alleges, sought, by every
means in his power, to have the boundai-y of the cession follow, so far as
might be, the natural barrier formed by the dividing ridge between the
waters of Little liiver and those of the Tennessee,^ and such in fact was
the tenor of his instructions from the Secretary of War ; but the Indian
chiefs unanimously insisted that the boundary should be a straight line,
running from the point where the ridge in question should strike the
Ilolston, and assumed as evidence of the crookedness of Governor
Blount's heart the fact that he desired to run a crooked line.^
After that treaty was concluded, however, it became evident that
there would be ditticulty in determining satisfactorily where the ridge
came in contact with the llolstou, inasmuch as the white settlers in the
vicinity could not agree upon it. The Indians also changed their minds
in some respect as to the proper course of the line; but, in view of the
fact that settlers were encroaching with great persistency uiion their
territory, they saw the necessity of taking immediate steps to have the
boundary oflicialiy surveyed and marked. They also revived an old
claim to pay for lands yielded by them in the establishment of the
treaty line of 1785, for which they had received no compensation.
Iiicyai.sc of (ninuity. — In the conference preceding the signature of
this treaty of 1791 they insisted that for this and other reasons an in-
crease should be made in the annuity provided by the treaty of 1791,
as amended bj" that of 1792. This was agreed to by the United States,
and the annuity was increased from $1,500 to $5,000.
Boundary line to be surveyed. — It was also agreed that the treaty line
of 1791 should be promptly surveyed and marked after ninety days' no-
tice had been given to the Cherokees of the time when and the place
where the survey should begin.
This, as has already been stated in connection with the treaty of 1791,
had been so far performed in the fall of 1792 as to run but not mark a
preliminary line for a short portion of the distance, but in spite of the
additional agreement in this treaty of 1791 the actual and final survey
did not take place until 1797,^ three years after the conclusion of this
treaty and more than seven years after it was originally promised to be
done.
The treaty of 1794 was concluded by the Secretary of Wai himself
with a delegation of the Cherokees who had visited Philadelphia for
'Uuited States Statutes at Large, Vol. VII, p. 4:!.
-American State Papers, Indian Aft'airs, Vol. I, p. 6"29.
'Letter of Governor Blount to Secretary of War, March 2, 1793. See American
State Papers, Indian Ail'airs, Vol. I, p. 6'2y.
^American State Pa))ers, Indian Atlairs, Vol. I, p. Ii28.
iiuviK.) TPKATY OK JUNE IG, 1794. 173
that purpose. It wa.s coiiHiiiiiiicated by President Wasliiiigtoii to the
Senate on the 30th of December, 1794.'
(■iiKi:i)Ki:i'. iKisriLiTiKS.
While this treaty was being negotiated, and for some month.s there-
after, a portion of the Cherokees were engaged in tlie bitterest hostili-
ties against the white settlements, which were only brought to a close,
as has been iucidentally remarked in discussing the treaty of 1702, by
tlie expedition of Major Ore against tiie Lower Cherokee towns in Sep-
tember, ] 794.
Peace conference. — Followiiig tliis expedition tlie hostile Cherokees
sued for peace, and at their request a conference was held Mith them
by Governor Blount, at Tellico Block House, on tlie 7th and Stli of
November of that year.-
This council was attended by Col. John "Watts, of Willstown, princi-
pal leader of the hostiles; Scolacutta, or the Hanging Maw, head chief
of the nation, and four hundred other chiefs and warriors. A general
disposition seemed to be manifested among them to abandon their habits
of depredation and secure for themselves and their families that peace
to which they, as well as their white neighbors, had long been strangers.
Governor Blount met them in a friendly S[)irit and sought, by every
means in his power, to confirm them in their good disposition.
In rei)orting the facts of this conference to the Secretary of War he
asserted one of the most fruitful causes of friction between the whites
and Indians to be the stealing and selling of horses by the latter, for
which they could always find a ready and unquestioned market among
unscrupulous whites. As measures of frontier protection he suggested
tlie continuance of the three military garrisons of Southwest Point at
t-he month of the Clinch, of Fort Granger at the mouth of the Holston,
and of Tellico Block House, opposite the remains of old Fort Loudon,
and also the erection of a military jiost, if the Cherokees would permit
it, on the north bank of the Tennessee, nearly opposite the mouth of
Lookout iSIountain Cieek. Subsequently-' he held a further conference
with the Cherokees and endeavored to foster hostilities between them
and the Creeks by urging the organization of a company of their young
v.-arriors to patrol the frontiers of Mero District for its protection
against incursions of the Creeks. To this the leading Cherokee chiefs
refused assent, not because of any olijection to the pro]iosition, but be-
cause they desired time for preparation.
INTKKCOt'ItSK ACT (iF ITOl'i.
Early in the following year^ President Washington, in an emphatic
message, laid before Congress a communication from Governor Blount
'American State Pai>ers, Iniliaii Aft'airs, Vol. I.ji. 54:!.
'American State Papers, Indian Attairs, Vol. I, p. .536.
'■ January 3, 1795. See Anierican .State Papers, Indian Atiaiis, Vol. I, p. ^I'M'y.
' Kebrnary '2, 1790. See American State Papers, Indian .Xft'air--, Vol. I, p. fiS I.
174 CHEROKEE NATION OF INDIANS.
settiuff forth the determination of a large coinbiuatiou of persons to
take ])Ossession of certain Indian lands sontli and sonthwest of the
Cumberland, under the pretended authority of certain acts of the legis-
lature of North Carolina, passed some j^ears previous, for the relief of
her officers and sohliers of the Continental line. .
In view of the injustice of such intrusions and the mischievous con-
sequences which would of necessity result therefrom, the President
recommended that effective provision should be made to prevent them.
This eventuated in the passage of the act of Congress, approved May
19, 179G,' providing for the government of intercourse between citizens
of the United States and the various Indian tribes.
TREATY CONCLUDED OCTOBER 2, 1798.^
Held near Tellico, in the OheroTcee Council House between George Walton and
Lieut. Col. Thomas Butler, commissioners on behalf of the United States,
and the chiefs and icarriors of the Cherokee Xation.
MATERIAL PROVISIONS.
Owing to misunderstandings and consequent delay in running the
boundary line ]>rescribed by the treaties of 1791 and 1794, and the
ignorant encroachment of settlers on the Indian lands within the limits
of such boundaries before their survey, it became desirable that the In-
dians should cede more land. The following treaty was therefore con-
cluded:
1. Peace and friendship are renewed and declared perpetual.
2. Previous treaties acknowledged to be of binding force.
3. Boundaries of the Cherokees to remaiit the same where not altered
by this treaty.
4. The Cherokees cede to the United States all lands within the fol-
lowing points and lines, viz: From a point on the Tennessee Eiver,
below Tellico Block House, called the Wild Cat Eock, in a direct line to
the Militia Spring near the Mary ville road leading from Tellico. From
the said spring to the Chill-howie Mountain by a line so to be run as will
leave all the farms on Xiue Mile Creek to the northward and eastward
of it, a7id to be continued along Chill-howie Mountain until it strikes
Hawkins's line. Thence along said line to the Great Iron Mountain, and
from the top of which a line to be continued in a southeastwardly course
to where the most southwardly branch of Little Eiver crosses the divis-
ional line to Tuggaloe Eiver. From the place of beginning, the Wild
Cat Eock, down the northeast margin of the Tennessee Eiver (not in-
cluding islands) to a point one mile above the junction of that river with
1 United States Statutes at Large, Vol. I, p. 496.
= United States Statates at Large, Vol. VII, p. 62.
RorcE.] TREATY OF OCTOBER 2, 1798. 175
the Clincli, and from tbcnce by a line to be dra wii-iii a right angle until
it intersects Hawkins's line leading from Clincb. Thence down the
said line to the river Clinch ; thence up the said river to its junction
with Emmery's River; thence up Emmery's Kiver to the foot of Cum-
berland Mountain. From thence a line to be drawn northeastwardly
along the tVot of the mountain until it intersects with Campbell's line.
5. Two commissioners to be appointed (one by the United States and
one by the Cherokees) to superintend the running and marking of the
line, immediately ui)on signing of the treaty, and three maps to be
made alter survey for use of the War Dejiartment, the State of Tennes-
see, and the Cherokee Ifatioa respectively.
G. Upon signing the treaty the Cherokees to receive 8-5,000 cash and
an annuity of $1,000, and the United States to guarantee them the re-
mainder of theit country forever.
7. The United States to have free use of the Kentucky road running
between Cumberland ^Mountain and river, in consideration of which the
Cherokees are permitted to hunt on ceded lands.
8. Notice to be given the Cherokees of the time for delivering annual
stipends.
9. Horses stolen by either whites or Indians to be paid for at $G0
each (if by a white man, in cash ; if by an Indian, to be deducted from
annuity). All depredations prior to the beginning of these negotiations
to be forgotten.
10. The Cherokees agree that the United States agent shall have
sufficient ground for his temporary use while residing among them.
This treaty to be binding and carried into effect by both sides when
ratified by the Senate and President of the United States.
HISTORICAL DATA.
DISPUTES UKSPECTINU TKURlTOliY.
In the year 1797 the legislature of the State of Tennessee addressed
a memorial and remonstrance to Congress upon the subject of the In-
dian title to lands within that State. The burden of this complaint
was the assertion that the Indian title was at best nothing greater than
a tenancy at will; that the lands they occupied within the limits of the
State had been granted by the State of ]S"orth Carolina, before the ad-
mission of Tennessee to the Union, to her otticers and soldiers of the
Continental line, and for other jjurposes ; that the treaties entered into
with the Cherokees by the United States, guaranteeing them the ex-
clusive possession of these lauds, were subversive of State as well as
individual vested rights, and praying that provision be made by law
for the extinguishment of the Indian claim.'
This was communicated to Congress by the President. Mr. Pinckney,
'This address and remonstrance will be found in full in American State Papers,
Indian Affairs, Vol. I, page G25.
176 CHEROKEE NATIOX OF INDIANS.
from the committee of tbe House of Representatives to which the
matter was referred, submitted a report,' accompanied by a resolution
making an appropriation for the relief of such citizens of the State of
Tennessee as had a right to lands within that State, by virtue of tbe
cession out of the State of North Carolina, provided they had made
actual settlement thereon and had been deprived of the possession
thereof by the operation of the act of May 19, 179G, for regulating in-
tercourse witii the Indian tribes. The sum to be appropriated, it was
declared, should be subject to the order of the President of the United
States, to be expended under his direction, cither in extinguishing the
Indian claim to the lands in question, by holding a treaty for that pur-
pose, or to be disposeil of in such other manner as he should deem best
calculated to aflbrd the i)ersous described a temporary relief.
New trcoiy. — The House of Eeprescntatives, on considering the sub-
ject, passed a resolution directing tbe Secretary of War tolay beforethem
such information as he possessed relative to tlie running of a line of ex-
periment from Clinch Iliver to Chilhowie Mountain by order of Governor
Blount, to which the Secretary responded on tbe 5tb of January, 1798.^
Following this, on the 8th of the same month. President Adams com-
municated a message to the Senate, setting forth that the situation of
affairs between some of the citizens of the United States and tbe Chero-
kees had evinced the propriety of holding a treaty with that nation,
to extinguish by purchase their right to certain parcels of land and to
adjust and settle other points relative to the safetj and convenience of
the citizens of the United States. With this view he nominated Fisher
Ames, of Massachusetts, Bushrod Washington, of Virginia, and Alfred
Moore, of North Carolina, to be couimissiouers, having authority to hold
!;ouferences and conclude a treaty with the Cherokees for the purposes
indicated.^
The Senate concurred in tbe advisability of the proposed treaty, but
Fisher Ames and Bushrod Washington liaving declined, George Walton
and John Steele were associated with Mr. Moore, and detailed instruc-
tions were given for their guidance.^
By these instructions they were vested jointly and severally with full
powers to negotiate and conclude a treaty with the Cherokees, limited
only by the scope of the instructions themselves. The Cherokee agent
bad already been directed to notify tbe Indians and tbe commandant
of United States trooi)s in Tennessee to furnish an escort suflBcient for
tbe protection of the negotiations.
Further inirchase of Clierolcee lands proposed. — The commissioners were
directed as a primary consideration to secure, if possible, the consent
' Docember 20, 1797.
'American State Papers, Indiau Affairs, Vol. I, p. 629.
"■ American State Papers, Iiidlau Atiairs, Vol. I, p. 631.
•"These iiistnictious were dated Marcli 2, 179S. See American State Papers, Indiaa
Affairs, Vol I, p. e:i9
liovcii] . TKKATY OF OCTOBER '2, 179ti. 177
of the Cherokees to the sale of such part of their lands as would give a
more convenient form to the State of Tennessee and conduce to the
l)rotection of its citizens. Especially was it desirable to obtain their
consent to the immediate return of such settlers as had intruded on
their lands and in consecpience had been removed by the United States
troops, such consent to be predicated on the theory that the Cliei'okees
were williug- to treat for the sale to the United States of the lands upon
which these people had settled. They were directed to renew the un-
successful effort made by Governor Blount in 1791 to secure the consent
of the Cherokees that the boundary should begin at the mouth of Duck
Eiver and run np the middle of that stream to its source and thence
by a line drawn to the mouth of Clinch Eiver. The following alter-
native boundary propositions were directed to be submitted for the con-
sideration of the Indians, in their numerical order, viz :
J. A line (represented on an accompanying map by a red dotted line)
from a point on theridgedividing the waters of the Cumberland from the
Tennessee Eiver, in a soutli west direction, until it should strike the mouth
of Duck Eiver; thence from the mouth to the main source of the river;
thence by a line over the highest ridges of the Cumberland Mountains
to the mouth of Clinch Eiver ; thence down the middle of the Tennessee
Eiver till it struck the divisional line under the treaties of 1791 and
1791; thence along said line to its crossing of the Cunchee Creek run-
ning into Tuckasegee; thence to the Great Iron Mountains; thence
a southeasterly course to where the most southerly branch of Little
Eiver crossed the divisional line to Tugaloo Eiver.
2. A line (represented on said map by a double red line) beginning at
the point 40 miles above Nashville, as ascertained by the commissioners
(and laid down on said map); thenc-e due east till it struck the dotted
line ou Cumberland ilonntains; along said mountains to the junction
of Clinch and Tennessee Eivers ; and down the Tennessee to the extent
of the boundary described in the tirst proposition.
3. A line (dotted blue) beginning at a point 5G miles from the point
40 miles above Nashville, on tlie northeast divisional line, being li miles
south of the I'oad called Walton's or Caney Fork road ; thence on a
course at the same distance from the said road to where it ci'osses Clinch
Eiver; thence resuming the remaining boundary as described in the
first proposition.
4. A line (being a double blue line on the map) beginning at a jioint
one mile south of the junction of the Clinch and Tennessee Eivers ;
thence westerly, along the course of the road 1^ miles south thereof
until it entered into Cumberland Mountains; thence a northeasterly
course along the ridges of said mountains on the west of Powell's Val-
ley and Eiver to the source of the river next above Clear Fork, and
thence down the middle of the same to the northeast divisional line;
the Tennessee Eiver and the further line thence, as described in the
first proposition, to be the remaining boundary.
5 ETH 12
178 CHEROKEE NATION OF INDIANS.
In case the Indians should accept the first proposition and cede the
tract therein described, or a greater quantity, the commissioners were
to solemnly guarantee the Cherokees the remainder of their country
and agree to their payment by the United States of either an annuity
of $4,000, or to deliver them, on the signing of the treaty, goods to the
amount of $5,000 and the further sum of $20,000 in four equal annual
installments.
Eefusing the first and accepting the second proposition, they were to
receive the same guarantee, and an annnity of $3,000, or $5,000 at once
in goods and $15,000 in three equal annual installments.
Eefusing the first and second and accepting the third proposition,
the same guarantee was offered and an annuity of $2,000, or $5,000 in
goods on signing the treaty ;'.nd $10,000 in two equal annual install-
ments.
Accepting the fourth proposition, to the exclusion of the other three,
the same guarantee was to be given, together with an annuity of $1,000,
or $5,000 in goods on signing the treaty and the same amount during
the year 1799.
It was also represented by the Secretary of War that the arts and
practices used to obtain Indian land in defiance of treaties and the
laws, at the risk of involving the whole country in war, had become
so daring, and received such countenance from persons of prominent
influence, as to render it necessary that the means to countervail them
should be augmented. To this end, as well as to more effectually secure
to the United States the advantages of the laud which should be ob-
tained by the treaty, the commissioners were instructed to secure the
insertion into the treaty of provisions of the following import :
1. That the new line should be run and marked by two commissioners,
one of whom should be appointed by the treaty commissioners and the
other by the Indians. They should proceed immediately upon the sign-
ing of the treaty to the execution of that duty, upon the completion
of which three maps thereof should be prepared, one for the use of the
Secretary of War, one for the executive of the State of Tennessee, and
one for the Cherokees.
2. That the Cherokees should at all times permit the President of
the United States to employ military force within their boundaries for
the arrest and removal of all persons seeking to make unauthorized
negotiations with or to incite their hostility toward the United States
or any of its citizens, or toward any foreign nation or Indian nation or
tribe within the limits and under the protection of the United States;
also, of all persons who should settle on or who should attempt to re-
side in the Indian country without the written permission of the Presi-
dent.
3. That the treaty should not be construed either to affect the right
or title of any ejected settler upon the Indian lands to the tract there-
tofore occupied by him or in any manner to enlarge his right or claim
RovcE] TREATY OF OCTOBER -2, 1793. 179
thereto ; and that all Indian laud purchased by the contemplated treaty,
which had not been actually occupied as aforesaid, should remain sub-
ject to the operation of all the provisions of the proposed as well as any
former treaty and of the laws of the United States relative to Indian
country, uutil such time as said lands should be sold by and under the
authority of the United States. This provision was intended to prevent
any further intrusion on any part of the land ceded by the State of North
Carolina to the United States ; as also upou the land set apart to the
Cherokee Indians by the State of Xorth Carolina, by act of her legisla-
ture, passed May 17, 1783, described as follows, viz: "Beginning on the
Tennessee, where the southern boundary of this State intersects the
same, nearest to the Chicamauga towns; thence up the middle of the
Tennessee and Holston to the middle of French Broad ; thence up the
middle of French Broad Eiver (wliich lines are not to include any island
or islands in the said river) to the mouth of Big Pigeon River; thence
up the same to tlie head thereof; thence along the dividing ridge, be-
tween the waters of Pigeon River and Tuckasege River, to the southern
boundary of this State."
i. The United States should have the right to establish such military
posts and garrisons within the Indian limits for their protection as-
should be deemed i^roper. In case it should be found impracticable to
obtain Duck River or a line that should include within it the road lead-
ing from Southwest Point to Cumberland River for a boundary, the
commissioners were to stipulate for certain parcels of land lying on
such road at convenient distances from each other for the establishment
of houses of entertainment for travelers. Also in case the cession ob-
tained should not include both sides of the ferry on Clinch River, to
secure a limitation upon the rates of toll that should be charged by the
occupant.
The commissioners repaired to Knoxville, where they ascertained it
to be the desire of the Indians that the treaty negotiations should be
held at Oosteuaula, the Cherokee capital.
To this the commissioners objected, but agreed to meet the Indians
at Chota, which they concluded to change to Tuckasege, and, finally,
before the date fixed for the meeting, June 25, again changed it to Tel-
lico, where the conference was held.'
Tennessee commissioners attend the council. — In the mean time- Gov-
ernor Sevier of Tennessee designated General Robertson, James Stuart»
and Lachlan Mcintosh as agents to represent the interests of that
State at the treaty, and gave them minute instructions covering the
following j)oints,^ viz :
1. To obtain as wide an extinguishment of the Cherokee claim north
of the Tennessee River as possible.
' Ramsey's Annals of Tennessee, pp. 693, 695.
•2 June 20, 1798.
^Ramsey's Ann.als of Tennessee, pp. 693, 695.
180 CHEROKEE NATION OF INDIANS
2. All iiiilinpeded comaiuuicatioii of Ilolstoii aiul Cliiicb Rivers with
the Tennessee and the snnender of the west bank of the Clinch oppo-
site Soiith-West Point.
3. To secure from future molestation the settlements as far as they
had progressed on the northern and western borders of the State and
the connection of Hamilton and Mero districts, then separated by a
space of unestiuguished hunting ground SO miles wide.
4. To examine into the nature and validity of the claim recently set
up by the Cherokees to lands north of the Tennessee Iliver ; whether
it rested upon original right or was derived from treaties: or was
founded only upon temporary use or occupancy.
The council opened early in July. The "IJloody Fellow," a Cherokee
chief, at the outset delivered a paper which he stated to contain their
final resolutions, and which covered a peremptory refusal to sell any
land or to i)ermit the ejected settlers to return to their homes. After
seeking in vain to shake this determination of the Cherokees, further
negotiations wei-e postponed until the ensuing fall, and the commission-
ers departed.
On the 27tli of August, the Secretary of War addressed some addi-
tional instructions upon the subject to George Walton and Lieut. Col.
Thomas P.utler as commissioners (John Steele having resigned and
Alfred Moore having returned to his home in North Carolina), author-
izing them to renew the negotiations. The original instructions were
to form the basis of these negotiations, but if it should be found im-
practicable to induce the Indians to accede to either of the tirst three
l)ropositions, an abandonment of them was to take place, and resort
was to be had to the fourth proposition, which nnght be altered in any
manner as to boundaries calculated to secure the most advantageous
results to the United States.' The council was icsumed at Tellico on
the 2()th of September, but it was ibund, during the progress thereof,
that there was no possibility of effecting the primary objects of the State
iigents of Tennessee. General IJobertson failed to attend. General
White (who had been appointed in the place of Stuart) was there, but
Mr. Mcintosh resigned and Governor Sevier himself attended in person.
The treaty was tinally concluded on the 2d of October, by which a
session was secured covering most of the territory contemplated by the
fourth proposition, with something additional. It included most if not
all the lands from which settlers had been ejected by the United States
trooi)s, and they were permitted to return to their homes.
The road privilege sought to be obtained between East and Middle
Tennessee was also realized, except as to the establishment of houses
»of entertainment for travelers."
> American State Papers, Indian Affairs, Vol. I, p. 640.
•■^By act of September 27, 1794, tbe legislatnre of the territory southwest of the
Ohio anthorizeil the raising of a fund for cuttini; and clearing a wagon roatl from
Southwest Point to Bledsoe's Lick on tbe Cumberland. The funds for this pur-
RovcK.; . TREATY OF OCTOBER '2, 1798. 181
Presideut Adams transmitted the treaty to the Senate,' and tbat
body advised and consented to its ratification.
BoundQry lines surveyed. — In fulfilluient of the provisions of the tifth
article of the treaty concerning the survey of boundary lines, the Presi-
dent appointed Captain Butler as a commissioner to run that portion of
the line described as extending from Great Iron Mountain in a south-
easterly direction to the point where the most southerly branch of Lit-
tle Eiver crossed the divisional line to Tugaloo Kiver, which trust he
executed in the summer of 1799.^ Owing to the unfortunate destruc-
tion of official records by fire, in the year ISOO, it is impossible to ascer-
tain all the details concerning this survey, but it was executed on the
theory that the "Little Kiver" named in the treaty was one of the
northernmost branches of Keowee River.
This survey seems not to have been accepted by the War Depart-
ment, for on the 3d of June, 1802, instructions were issued by the Sec-
retary of War to Eeturu J. Meigs, as a commissioner, to superintend
the execution of the survey of this same portion of the boundary. Mr.
Thomas Freeman was appointed surveyor.^
From the letter of Commissioner Meigs, transmitting the plat and
field notes of survey,'' it appears that much dift'erence of opinion had
existed as to what stream was meant by the " Little Eiver " named in
the treaty, there being three streams of that name in that vicinity.
Two of these were branches of the French Broad and the other of
Ivcowee Eiver. If the line should be run to the lower one of these two
branches of the French Broad, it would leave more than one hundred
families of white settlers within the Indian territory. If it were runi
to the branch of Keowee Eiver, it would leave ten or twelve Indian
villages within the State of North Carolina.
It was therefore determined by Commissioner Meigs to accept the
upper branch of French Broad as the true intent and meaning of the
treaty, and the line was run aqcordingly, whereby not a single white
settlement was cut off or intersected, and but five Indian families were
left on the Carolina side of the line.^
pose were to be raised by a lottery managed by Cols. James White, James Winches-
ter, Stockley Donelson, David Camiibell, William Cocke, and Robert Hayes. The In-
dians not having granted the necessary right of way, its construction was necessarily
postponed, but subsequently, by act of the legislature of Tennessee passed November
14, 1801, the Cumberland Road Company was incorporated and required to cut and
clear a road from the Indian boundary on the east side of Cumberland Mouutain to
the fork of the roads leading to Fort Blount and Walton's Ferry.
' January 15, 1799.
-.See letter of General Pickeus to Representative Nott, of South Carolina, Janu-
ary 1, 1800. American State Pajiers, Public Lauds, Vol. I, p. 103.
■' Letter of Secretary of War to Return J. Meigs, in Indian Office records.
< Dated October aO, 1802.
^Commissioner Meigs mentions that the accompanying plat and field notes of Mr.
Freeman, the surveyor, will give more abundant details regarding this survey. After
a careful search, however, no trace has been found among the ludi in Office records
182 CHEROKEE NATION OF 1NDIA.NS.
Status of certain tcrritort/. — In tliis connccHou it is pertiuent to remarls:
that tlic State of Xortli Carolina claimed for her southern boundary
the thirty-fifth degree of north latitude.
The lino of this parallel was, however, at that time supposed to run
about 12 miles to the north of what was subsequently ascertained to
be its true location.
Between this supposed line of 35° north latitude and the nortliern-
most boundary of Georgia, as settled upon by a convention between
that State and South Carolina in 1787, there intervened a tract of
country of about V2 miles in width, from north to south, and extending
from east to west^ from the top of tlie main ridge of mountains which
divides the eastern from the western waters to the Mississippi Eiver.
This tract remained, as was supposed, within the chartered limits of
South Carolina, and in the year 1787 was ceded by that State to the
United States, subject to the Indian right of occupancy. When the
Indian title to the country therein described was ceded to the United
States by the treaty of 1798 with the Cherokees, the eastern i)ortion of
this 12-mile tract fell withiu the limits of such cession.
On its eastern extremity near the head-waters of the French liroad
lliver, immediately at the foot of the main Blue Eidgo Mountains, had
been located, for a number of years prior to the treaty, a settlement of
about fifty families of whites, who by its ratification became occupants of
the public domain of the United States, but who were outside the terri-
torial jurisdiction of any State. These settlers petitioned Congress to
retrocede the tract of country upon which they resided to South Carolina,
in order that they might be brought within the i)rote<;tion of the laws of
that State.' A resolution was reported in the House of llepresentatives,
from the committee to whom the subject had been referred, favoring
such a course,^ but Congress took no effective action on the subject,
and when the State boundaries came to be finally adjusted in that re-
and files of the plat and field notes in question. There is much difficulty iu ascer-
taining the exact point of departure of "Meigs Line" from Great Iron Mountains.
In the report of the Tennessee and North Carolina boundary commissioners in 1321
it is stated to lie 31| miles l>y the course of the mountain ridge in a general south-
westerly course from the crossing of Cataluche Turnpike ; Oi miles in a similar direc-
tion from Porter's Gap ; 21| miles in a northeasterly direction from the crossing of
Equovetley Path, and 33^ miles in a like course from the crossing of Tennessee
River. All of these courses .aud distances follow the crest of the Great Iron Mount-
ains. It is stated to the author, by General R. N. Hood, of Knoxville, Tenn., that
there is a triidition that "Meigs Post" was fouud some years since .about 1^ miles
southwest of Indian Gap. A map of the survey of Qualla Boundary, by M. S. Temple,
in 1876, shows a portion of the continuation of "Meigs Line" ,as passing .ibout 1^
miles e.ast of Qu.allatown. Surveyor Temple mentions it as running "S.SO"^ E. (for-
merly 8.521° E.")
'See memorial of Matthew Patterson and others, dated "French Broad, 8th Jan-
uary, 1800." printed in American State Papers, Public Lands, Vol. I, p. 104.
-This resolution was reported by Mr. Harper, from the committee to whom it was
referred, to the House of Representatives, April 7, 1800, and is printed in American
State Papers, Public Lands, ^'ol. I, p. 10:?.
ROYCE.] TEEATY OF OCTOBER ii, 1804. 183
gion the tract in question was found to be within the limits of North
Carolina.
TcUoir Creel; settlement. — After that portion of the boundary of the
country ceded by the treaty of 1708 which extended along the foot of
Cumberland Mountain until it intersected " Campbell's Line" had been
surveyed, complaint was made by certain settlers on Yellow Creek that
by the action of the surveyors in not prolonging the line to its true
point of termination, their homes had been left within the Indian country.
Thereupon the Secretary of War instructed Agent Meigs^ to go in
person and examine the line as surveyed with a view to ascertaining
the truth concerning the complaints.
It was ascertained that the " point " of Campbell's Line was not on
Cumberland Mountain proper, but on the ridge immediately east thereof,
known as Poor Valley Eidge. This ridge is nearly as lofty as the main
range, and Colonel Campbell, in approaching it from the east, had mis-
taken it for that range and established his terminal point accordingly.
The surveyors under the treaty of 1798, assuming the correctness of Col-
onel Campbell's survey, had made the line of their survey close thereon.
By such action the Indian boundary in that locality was extended 332
poles further to the east than would have been the case had the true
reading of the treaty been followed.
A number of families of settlers on Yellow Creek, together with a tract
of about 2,500 acres of laud, were thus unfortunately left within the
Indian country. All efforts of Agent Meigs to secure a relinquishment
of tiiis stri]) of territory from the Indians were, however, iueflectual.^
TREATY CONCLUDED OCTOBER 24, 1804; PROCLAIMED MAY 17, 1824.^
Held at " Tellico Block House,''^ Tennessee, between Daniel Smith and Re-
turn J. Meigs, commissioners on the part of the United States, and the
principal chiefs representing the Cherokee Nation.
MATERIAL PROVISIONS.
It is agreed and stipulated that —
1. The Cherokee Nation relinquish and cede to the United States a
tract of laud bounding southerly on the boundary line between the State
of Georgia and the Cherokee Nation, beginning at a point on the said
boundary line northeasterly of the most northeast plantation in the set-
tlement known by the name of Watford's Settlement, and running at
right angles with the said boundary line 4 miles into the Cherokee land,
thence at right angles southwesterly and parallel to the first mentioned
bouudarj' line so far as that a line to be run at inght angles southerly to
' February 7, 1803. See luclian Office records.
- See report of Agent Keturn J. Meigs to the Secretary of War, May 5, 1^0:1, ou file iu
the Office of ludiau Ati'airs.
" United States Statutes at Largn, Vol. VII, p. 228.
184 CHEROKEE NATION OF INDIANS.
the said first incntioued bouudary line shall include in this cession all
the plant;itioiis in Watibrd's Settlement, so called, as aforesaid.
2. Ill consideration of this cession the United States agree to pay the
Cherokecs 8">,000, in goods or cash, iii)on the sigmug of the treaty, and
au annuity of SI, 000.
HISTORICAL DATA.
XEW TKEATV AUTIIOUI/.KD BY CONGRESS.
Congress, under date of February 19, 1799,' appropriated $2.j,()00 to
defray the expense of negotiating a treaty or treaties witii the Indians,
and again, on the 13th of May, ISOO,^ appropriated $15,000 to defray
the expeuse of holding a treaty or treaties with the Indian tribes south-
west of the Ohio River, with the proviso that nothing in the act
should be construed to admit an obligation on the part of the United
States to extinguish for the benefit of any State or individual the lu-
diau claim to any lands lying within the limits of the United States.
I'nrsuant to the authority conferred by these enactments, I'resident
Jefferson ai)poiuted' General James Wilkinson, Wm. E. Davie, and Beuj.
Hawkins as commissioners, and they were instructed by the Secretary
of War to proceed to negotiate treaties with the Cherokees, Creeks,
Choctaws, and Chickasaws.
Objects of the treaty. — The objects sought to be attained with the
Cherokees were to secure their consent, 1st. To cede to the United
States all that portion of their territory lying to the northward of a
direct line to be run from a point mentioned in treaty of October 2,
179S, on Tennessee Eiver, 1 mile above its junction with the Clinch, to
the point at or near the head of the "West Fork of Stone's Eiver, ou the
ridge dividing the waters of the Cumberland and Duck Kivers wliich
is struck by a southwest line from the point where the Kentucky road
crosses Cumberland Eiver, as described in the treaty of Ilolston.
2. That the Tennessee Eiver should be the boundary from its mouth
to the mouth of Duck Eiver; that Duck Eiver should be the boundary
thence to the mouth of Eock Creek ; and that a direct line should be
run for a continuation of the boundary from the mouth of Eock Creek
to the point on the ridge that divides the watei-s of Cumberland from
Duck Eiver.
3. That a road should be opened from the boundary line to a circular
tract on Tennessee Eiver at the mouth of Bear Eiver, i-eserved to the
United States by treaty of 1786 with the Chickasaws. From this point
the road should continue until it reached the Choctaw territory, where
it was to connect with a road through the country of the latter to
' United States Statutes at Large, Vol. I, p, 618.
2 United States Statutes at Large, Vol. II, p. 82.
' The President's appointment of these commissioners bore date of June 1-, 1301.
KovcE.l TREATY OF OCTOBER 24, 1804. 185
Natchez. The eutire liue of this road must be open to the free use of
citizens of the United States.
4. lu case the Indians should refuse to cede any of the lands desig-
nated, the commissioners were instructed to obtain, if possible, a cession
of all the land lying northward of the road leading from Knoxville to
the Nashville settlements, run conformably to the treaty of 1791. If
they should be unwilling to grant this, then to ask for a strip of land
from 1 to 5 miles in width, to include the said road in its whole extent
across their lands. Whether success or failure should attend the first
or second objects of their mission, the commissioners were to seek the
consummation of the third pi'oposition for a road to the Bear Creek
reservation, which would otherwise be of no practical value to the
United States.
If consent was obtained to the first three proposals or to the alterna-
tive marked ith, an annuity of $1,000 was authorized and an immedi-
ate sum not exceeding 85,000 in cash or goods. If, as had been repre-
sented to the War Department, the Gherokees and Chickasaws both
claimed the land on either side of Tennessee Eiver for a considerable
distance, the commissioners were instructed that they must obtain the
assent of both tribes to the opening of the road.
Six days after the issuance of these instructions, a delegation of
Cherokees, headed by Chief "Glass," arrived in Washington, aud ob-
tained an interview with the Secretary of War.^ They represented that
the promise had been made them, at the treaty of 1798, that they would
never be asked to cede any more land. Now they learned that the
United States was about to hold another treaty with them to secure
further cessions. Thej- also desired to know whether the United States
or the settlers got the land theretofore ceded, and why they had not
been furnished with the map showing the boundary lines by the treaty
of 179S, as had been i)romised them. In his reply,- after seeing the
President, the Secretary of war informed them that no desire existed
to purchase any more land from them unless they were anxious to sell;
that the map should be at once furnished them; that the States of
Kentucky and Tennessee had been formed out of the lands already
purchased from them, and the main object of the proposed treaty with
their nation was to secure the right of way for roads thi'ongh their
country in order to maintain communication between detached white
settlements.
The delegation strenuously objected to the proposed "Georgia" road
and were informed that the matter would not be pressed, but that the
road to Bear Eiver and Natchez was a necessity.
As a result of the visit of this delegation, the instructions to Messrs.
Wilkinson, Davie, and Hawkins were modified,^ it being stated by the
'This interview occurred, as shown by the Indian Office records, ou the 30th of
June, 1801, and was adjourned to meet again on the 3d of July.
■^July 3, 1601. See Indian Office records.
186 CHEROKEE NATION OF INDIANS.
Secretary of W:ir that lie bad been mistakeu as to part of the line be-
tween tbe Uuited States and the Cberokees. lie tberefore directed that
the secoud object of their iustructions should be suspeuded as regarded
both tbe Cberokees aud tbe Chickasaws. Commissioner Davie having
declined bis api>oiutment, General Andrew Pickens was substituted
iu his stead.^
Faihire of negotiations. — It is only necessary to observe that the com-
missioners failed in the accomplishment of any of their designs with
the Cberokees.
WAFFOIiD'S SF.TTLr.MKXT.
Prior to the survey and marking- of tbe boundary line near uurrahee
Mountain in Georgia, provided for by the Cherokee treaty of 1785 aud
tbe Creek treaty of 1790, which survey did not occur until 1798, one
Colonel Wafford, in company with sundry other persons, bad formed a
settlement iu that vicinity, which proved to be within the limits of tbe
Indian country.
Inasmucii as it was supposed these parties had ignorantly placed
themselves within the Indian line aud had made considerable and val-
uable improvements, tbe Government was iudisposed to use liarsb or
forcible means for their ejection, but rather approved of the urgent ap-
peals from Colonel Waflord and his neighbors to make an effort to
secure the relinquishment from the Indians of a tract sutticient to em-
brace their settlement.
Tbe Government had been laboring under tbe impression that these
lauds belonged to tbe Creeks, but tbe delegatiou of tbe Cberokees,
headed by " The Glass," who visited Washington in the summer of 1801,
claimed them as Cherokee territory, and asked for tbe removal of the
settlers. Commissioners Wilkinson, Hawkins, and Pickens had been
instructed^ to uegotiate with tbe Creeks for the i)urchase of this tract,
but they having reported, ui)ou examination, that the title was un-
doubtedly in the Cberokees, were directed^ to rejxjrt upon tbe expe-
diency of applying to the Cberokees for a cession of the same.
Such an application having at this time been unfavorably received
by tbe Cberokees, nothing further was done in the matter until tbe
winter of 1803,^ when the Secretary of War directed a conference to be
held with them for tbe double purpose of securing a cession or a lease for
seven years of tbe " Wafford Settlement" tract aud tbe Indian consent to
aright of way for a road through their country from Southwest Point or
Tellico Factory to Athens, Ga., with tbe establishment of the neces-
sary houses of entertainment for travelers along such route. For this
latter concession he was authorized to offer them the sum of $500. Tbe
' July 16, 1801. See Indian Office records.
-July 17,l!l01. See Indian Office records.
^ June 10, 1802. See Indian Office records.
■"February 19, 1803. See Indian Office recurds.
KOTCE] TREATY OF OCTOBER 24, 1804. 187
Cherokees having refused botli these propositions, Agent Meigs was
directed^ to secure the granting of the road privilege, if possible, by
offering Yaiin- and other men of inliuence among them a proper in-
ducement to enlist their active co-operation in the matter. This latter
method seems to have been efi'ective, for later in the season^ the Sec-
retary of War transmitted to the governors of Georgia and Tennessee
an extract from an agreement entered into with the Cherokees pro-
viding for an ojiening of the desired road, stating that, as the United
States bad no funds applicable to the laying out and construction of
such a road, it would be i)roper for the legislatures of those States fo
make the necessary provision therefor.
The clamor for more land by the constant tide of immigration that
was flowing into Kentucky, Tennessee, and Georgia from the Xorth and
East became more and more importunate. The desire to settle on In-
dian laud was as potent and insatiable with the average border settler
then as it is now.
FUKTHER NEGOTIATIONS AVTHOHIZED.
Notwithstanding the recent and oft-repeated refusals of the Chero-
kees to part with more land, a new commission, consisting of Return J.
Meigs and Daniel Smith, was appointed and instructed^ by the Secre-
tary of War to negotiate a treaty for the cession of lands in Kentucky,
Tennessee, or Georgia, and particularly of the tract near the Currahee
Mountain, including the Waftbrd settlement.
They were authorized to pay for ,the first cession a sum not exceed-
ing $14,000, coupled with an annuity of 83,000, and for the " Wafford
tract" not exceeding $5,000, together with an annuity of $1,000, and
were directed to give " Yauu," a Cherokee chief, $200 or S300 to secure
his influence in favor of the proposed purchase.
Purchase of Wafford settlement tract. — In pursuance of these instruc-
tions a conference was held with the Cherokees at Tellico, Tenu.,^ at
whicli they concluded the arrangements for the cession of the Waftbrd
tract, but failed in their further objects. The treaty was signed on the
24th of October, and transmitted to the Secretary of War a week
later,^ two iiersons having been appointed to designate and run the
' May 30, 1803.
^ "Vanu"' was a half-breed of cousideiable ability aud sbrewduess, aud was at this
time perhaps the most iulliieutial chief among the Cherokees. His home was ou the
route of the jn-oposed Georgia road, aud wheu the road was constructed ho opened a
store and house of entertainment for travelers, from which he derived a considerable
income.
^Letter of Secretary of War to governors of Georgia and Tennessee, dated No-
bember 21, 1803.
■i April 4, 1804.
■■^Octoher 10, 1804. See letter of Daniel Smith to Secretary of War, October 31, lt04.
"October 31. 1804.
188 CHEROKEE NATION OF INDIANS.
lines of the ceded tract, wliicb was found to be 23 miles and 64 chains
in length and 4 miles in width.'
SingiiJar disappearance of treaty. — No action having been taken look-
ing toward the ratification of this treaty for several years ensuing, Ke-
turu J. Meigs, in the winter of 1811,^ addressed a letter to the Secre-
tary of War calling attention to it, setting forth the fact that its con-
sideration had theretofore been postponed on account of a misunder-
standing in relation to the limits of the ceded tract, but that the Cher-
okees had now of their own motion, and at their own expense, had a
survey made of 10 miles ami 12 chains in lengtli in addition to the orig-
inal survey, which would make the tract ceded 33 miles and 70 chains
in length, and whicli would include the plantation of every settler who
could raakii the shadow of a claim to settlement prior to the survey of
the general boundary line run in 1797' by Colonel Ilawkius. He there-
fore concluded that there could be no reason for further jiostponing the
ratification of the treaty, and urged that it be done without delay.
Notwithstanding this letter of Agent Meigs no further notice seems
to have been taken of the treaty, and it had been entirely lost sight of
until attention was again called to it by a Cherokee delegation visiting
Washington early in 1824, nearly twenty years after its conclusion.^
After diligent search among the records of the War Department,
Secretary Calhoun reported^ that no such treaty could be found and
no evidence that any such treaty had ever been concluded. Whereupon
the Cherokee delegation produced their duplicate copy of the treaty to-
gether with other papers relating to it. The Secretary of War, after
receiving a reply ° to a letter addressed by him to Colonel McKee, of the
House of Representatives (who was one of the subscribing witnesses to
the treaty), became satisfied of its authenticity, and the President
thereupon" transmitted the Cherokee duplicate to the Senate, which
body advised and consented to its ratification. It was duly proclaimed
by the President on the 17tk of May, 1824.^
1 Commissioner Smitli iu his letter of October 31, 1804, to the Secretary of War,
states that two persons on the part of the United States, to he accomi)auied by two
Cherokee chiefs, had been designated to run the boundaries of this cession. The
propriety was then urged on the Cherokees by the commissioners of making a cession
of the lands lying between East and West Tennessee. Several days were consumed
in urging this proposal, and a majority of the chiefs were jirobably in favor of it, but
Commissioner Smith remarks that a majority, unless it .amounts almost to unanimity,
is not considered with them sufficient to determine in matters of great interest, par-
ticularly iu making cessiousof lands.
- December '.iO, 1811.
'It is stated in a resolution of the Georgia legisl.ature, passed June 16, 1802, that
this line was surveyed by Colonel Hawkins iu 1798.
^The letter of the Cherokee delegation calling attention to this matter is dated
January 19, 1824.
6 February 6, 1824.
6April 15, 1824.
'April 30, 1824.
"United States .Statutes at Large, Vol. VII, p. 228.
BoicE.] TREATY OF OCTOBER -ib, 18C5. 189
TREATY CONCLUDED OCTOBER 25, 1S05; PROCLAIMED APRIL 24,1806.1
Held at TelUco, Tenn., between Return J. Meigs and Daniel Smith, com-
missioners on behalf 0/ the United States, and certain chiefs and headmen
of the Cherokees, representing that nation.
MATERIAL PROVISIONS.
1. All former treaties jirovidiug for peace aud preveutiou of crimes
are continued in force.
2. The Cherokees cede to the United States all the land which they
have heretofore claimed lying to the north of the following boundary
line : Beginning at the mouth of Duck River ; thence up the main stream
of the same to the junction of the fork at the head of which Fort Nash
stood, with the main .south fork ; thence a direct course to a point on the
Tennessee River bank opposite the mouth of Hiwassa River. If the line
from Hiwassa should leave out Field's settlement, it is to be marked
around his impro\ement and then continued the straight course ; thence
up the middle of the Tennessee River (but leaving all the islands to the
Cherokees) to the mouth of Clinch River; theuce up the Clinch River
to the former boundary line agreed upon with the said Cherokees, re-
serving at the same time to tlie use of the Cherokees a small tract lying
at and below the mouth of Clinch River; from the mouth extending
thence down the Tennessee River from the mouth of Clinch to a notable
rock on the north bank of tiie Tennessee in view from Southwest Point;
thence a course at right angles with the river to the Cumberland road ;
thence eastwardly along the same to the bank of Clinch River, so as to
secure the ferry landing to the Cherokees up to the first hill and down
the same to the mouth thereof, together with two other sections of one
square mile each, one of which is at the foot of Cumberland Mountain,
at and near the place where the turnpike gate now stands, the other on
the north bank of the Tennessee River where the Cherokee Talootiske
now lives. And whereas from the present cession made by the Chero-
kees, and other circumstances, the sites of the garrisons at Southwest
Point aud Tellico are become not the most convenient aud suitable
places for the accommodation of the said Indians, it may become ex-
l)edieut to remove the said garrisons and factorj' to some more suitable
place; three other square mile- are reserved for the particular disposal
of the United States on the north bank of the Tennessee opposite to
and below the mouth of Hiwassa.
3. In consideration of the foregoing cession the United States agree
to ]yay $3,000 at once in merchandise, $11,000 in 90 days, and an annuitj'
of $3,000.
■4. The United States to have the use of two roads through the Cher-
okee country, one from the head of Stone's River to Georgia road, and
' Ci'ited States Statutes at Larj^e, Vol. VII, p. 9X
190 CHEROKEE NATION OF INDIANS.
the other from Franklin to the Tombigbee settlements, crossing the Ten-
nessee Eiver at Muscle Shoals.
5. Treaty to take effect upon ratification by the President by and
with the advice and consent of the Senate.
TREATY CONCLUDED OCTOBER 27, 1S05; PROCLAIMED JUNE 10, 1S06.'
Held at Tellico, Tenn., beticeen Return J. Meigs and Daniel Smith, com-
missioners on behalf of the United States, and certain chiefs and head-
men of the Cherol-ees, rej^resentinrj that nation.
MATERIAL PROVISIONS.
1. The Cherokees cede the section of land at Southwest Point, ex-
tending to Kingston, reserving the ferries and the first island in Ten-
nessee Eiver above the month of Clinch Eiver.
2. The Cherokees consent to the free and unmolested use by the
United States of the mail road from Tellico to Tombigbee so far as it
passes through their country.
3. In consideration of the foregoing the United States agree to pay
the Cherokees $1,000 within 00 days.
4. Treaty to be obligatory on ratification by the President by and
with the advice and consent of the Senate.
HISTORICAL BATA RESPECTING BOTH TREATIES.
CONTINUED NEGOTIATIONS AUTHORIZED.
The commissioners (Return J. Meigs and Daniel Smith) who were
appointed and instructed under date of April 4, 1804, and who nego-
tiated the treaty of October 24, 1S04, with the Cherokees, it will be
remembered, failed in the object of their instructions, except as to the
singlematter of securing the cession of atract coveriugthe settlementof
Colonel Wafford and others near Currahee Mountain. They were, how-
ever, directed to continue their negotiations from time to time until the
full measure of their origiual instructions should be secured.
Treaties of October 25 cnid 27, 1805, considered together. — This course
was ijursued, and after several fruitless conferences the commissioners
succeeded in concluding the treaties of October 25, 1805, and October
27, 1805. Inasmuch as these two treaties were negotiated by the same
commissioners, acting under the same instructions and at the same con-
ference, they will be considered together. The treaties were upon their
conclusion transmitted to the Secretary of War,- and, upon submission
to the Senate, that body duly advised and consented to their ratifica-
tion. They were ratified and proclaimed by the President on the 24th
of April and 10th of June, 180G, respectively.^
' United States Statutes at Large, Vol. VII, p. 95.
2 November 2, 180.5. See letter of transmittal of Return J. Sleigs and Daniel Saiitb.
^United States Statutes at Large, Vol. VII, pp. y3 and 9o.
ROYCE.] TREATIES OF OCTOBER -25 AND -27, 1305. 191
Secret agreement with Doublehead. — Following the trausmissiou of the
treaties to the Secretary of War by the commissioners, the latter ad-
dressed' an explanatory communication to hiin, in which they set forth
that by the terms of the treat}- of October 25, 1805, there were reserved
three square miles of land, " for the particular disposal of the United
States, on the north bank of the Tennessee, opposite and below the
mouth of Hiwassa." This reservation, they afiirmed, was predicated
ostensibly on the supposition that the garrison at Southwest Point and
the United States factory at Tellico would be placed thereon during
the pleasure of the United States, but that they had stipulated with
" Doublehead," a Cherokee chief, that whenever the United States
should find this land unnecessary for the purposes mentioned it was to
revert to him (Doublehead), provided that he should retain one of the
square miles to his own use, but should relinquish his right and claim
to the other two sections in favor of John D. Chisholm and John Eiley
in equal shares.
Purchase of site for State capital. — The cession by the treaty of Octo-
ber 27, 1805, of the section of laud at Southwest Point was secured upon
the theory that the State of Tennessee would find Kingston a convenient
and desirable place for the establishment of the State capital. A sub-
sequent change of circumstances and public sentiment, however, caused
it to be located seven years later at Xashville.
Boundaries surreyed. — On the 11th of July, 180C, the Secretary of "War
notified Eeturn J. Meigs of his appointment as commissioner to super-
intend the runuing and marking of the line "from the junction of the
fork at the head of which Fort Nash stood with the main south fork
of Duck Eiver to a point on the Tennessee River bank opposite the
mouth of Hiwassee Eiver." He was also to superintend the survey of
the lines of the reserved tracts agreeably to the treaty of October 25,
1805.
He was directed to appoint a surveyor, but before running the line
from Duck to Tennessee Kivers above described, to have him survey
and mark the lines of the 3-mile tract reserved opposite to and below
the mouth of Hiwassee, and also, when completed, to designate the most
suitable site for the military iiost, factory, and agency, each site to be
300 feet square and 10 rods distant from the others.
Commissioner ^Meigs followed the letter of his instructions and caused
the lines to be surveyed in accordance therewith. The line from Duck
River to the mouth of Hiwassee was begun on the 9th and finished on
the 26th of October, 1806. The point of departure at the west end of
the boundary line was a red elm tree, trimmed and topped, standing on
the extreme point of land formed by the confluence of that branch of
Duck River at the head of which Fort Nash stood, with the main south
fork of the river. The eastern terminus of the line was a mulberry tree
1 January 10, 1606.
192 CHEROKEE NATION OF INDIANS.
on tbe north bank of Tennessee River opposite tbe nioiitli of Hiwassee
Eiver, 73 miles and ICC poles from tbe beginning.'
CONTROVr.liSY CON'CERXIXG " DOUliLElIF.Al)" TRACT.
Colonel Martin, who was employed by Commissioner Meigs, also sur-
veyed under the latter's direction during the same month the four small
reserved tracts described in the treaty of October 25, ISO.j.' One of
these afterwards produced much controver.sy. The language of the
treaty called for three square miles on the north bank of Tennessee River,
opposite to and heloic the mouth of Hiwassee River. Colonel Meigs, who
was one of the commissioners who negotiated the treaty and was there-
fore entirely familiar with its intent, caused this tract to be surveyed
adjoining the main line of cession, extending from Duck Eiver to the
mouth of Hiwassee and north of that line, which placed the tract
opposite to and above the mouth of Hiwassee, instead of "opposite to
and below" the mouth of that river.-
As above stated, while this reserve was ostensibly tor the location of
a military post and factory or trading establishment, it was reallj- in-
tended for the Cherokee chief Donblehead and other iuHuential persons,
as the iirice of their influence in securing from the Cherokees the exten-
sive cession of land granted by the treaty.
This was sought to be secured by means ot a secret article attached
to the treaty. This article was reported to the War Department by the
treaty commissioners^ and made a matter of record, but it was never
sent to the State Department nor to the Senate lor the advice and con-
sent of that body. After Agent Meigs had erected the Hiwassee gar-
rison buildings on the tract, suit was brought iu 1809 by Colonel Mc-
Lung against the agent lor the recovery of the land and mesne profits,
basing his claim to title upon a grant from the State of Xorth Carolina^
of date long i)rior to the treaty of 1S05. The suit was decided in the
plaiutilf's favor by the Tennessee courts. Subsequently, in 183S, John
Riley made application to the Government for compensation for the loss
of his one-third interest in this tract. The question was submitted to
the Attorney General of the United States for his opinion. He decided
(hat the secret article, not having been submitted to the Senate for ap-
proval, was not to be considered as any part of the treaty; but that, if
the commissioners had any authority for making such an agreement, the
defective execution of their powers ought not to prejudice parties act-
ing iu good faith aud relyiug on their authority; nevertheless, no relief
could be fiad except through the action of (Congress.
This secret article was also applicable to the su)all tract at and below
the month of Clinch River, to the 1 mile square at the foot of Cnmber-
' See field uotes of Colonel Martin on file in office of Indian Afi'airs. .
= Letter cfK. J. Meigs to Secretary of War, Marcli 4, 1811.
^Letter of Jleigs and Smith to Secretary of War, January _10,' 180G.
KovcE,]- TREATY OF JANUARY 7, 1^06. 193
laud Mountain, and to the 1 mile square on the north bank of the Teunes-
see River, where Cherokee Talootiske lived. The first mentioned tract
was also intended for the benefit of Doublehead, who leased it Feb-
ruary 19, 1806, to Thomas H. Clark for twenty years. Before the expi-
ration of the lease Doublehead was killed by some of his own people.
December 10, 1820, the State of Tennessee assumed to grant the tract
to Clark. '
The other two tracts alliuled to of one square mile each were in-
tended for Cherokee Talootiske. May 31, 1808, Talootiske perpetually
leased his interest in the Cumberland Mountain tract to Thomas H.
Clark. September 17, ISIG, Clark purchased the interest of L'obert
Bell in the same tract, the latter deriving his alleged title uuder a
grant from North Carolina to A. McCoy in July, 1793. This tract was
also included in a grant from North Carolina to J. W. Lackey and
Starkey Donaldsou, dated January 4, 1795. The tract on Tennessee
Eiver, Talootiske sold to Eobert King, whose assigns also claimed the
title uuder the aforesaid grant from North Carolina to Lackey and Don-
aldson.^
From the phraseology of the treaty in making these several reserva-
tions, it was concluded advisable in subsequent negotiations to secure
a relinquishment of the tribal title thereto, which was done by the treaty
of July 18, 1817.
TREATY CONCLUDED JANUARY 7, 1S06; PROCLAIMED MAY -3, 1X07.-
Held at Washiiigton City, D. C, between Henry Dearborn, Secretary 0/ ]Yar,
specially authorized thereto by the Prenident of the United States, and cer-
tain chiefs and headmen of the Cherol-ee Nation, duly authorized and
empoKered by said naliun.
MATERIAL PROVISIONS.
1. The Cherokees relinquish to the Ignited States all claim to ''all
that tract of country which lies to the northward of the river Tennessee
and westward of a line to be run from the ujiper part of Chickasaw Old
Fields, at the upper point of an island called Chickasaw Island on said
river, to the most easterly head-waters of that branch of said Tennes-
see Eiver called Duck Eiver, exceptiug the two following described
tracts, viz : one tract bounded southerly on the said Tennessee Eiver,
at a place called the Muscle Shoals ; westerly, by a creek called Te Kee,
ta, no-eh, or Cyprus Creek, and easterly, by Chu, wa, lee, or Elk Eiver
or Creek, and northerly by a line to be drawn from a point on said Elk
Eiver, ten miles on a direct line from its mouth * * * to a point on
the said Cyprus Creek, ten miles on a direct line from its junction with
' See report of Commissioner Indian Affairs to Secretary of War, December 9, 1:^34.
- United States Statutes at Large, Vol. VII, p. 101.
5 ETH 13
19 4 CHEKOKEK XATlOiV OF INDIANS.
the Tennessee Eiver. The other tract is to be two miles in width on the
north side of Tennessee River, and to extend northerly from that river
three miles, and bonuded as follows, viz: Beginning at the mouth of
Spring Creek and running np said creek three miles on a straight line;
thence westerly two miles at right angles with the general course of said
creek ; thence southerly on a line parallel with the general course of
said creek to the Tennessee Eiver ; thence up said river by its waters
to the beginning, which first reserved tract is to be considered the com-
mon property of the Cherokees who now live on the same, including
John D. Chesholni, An, tow, we, and Cheh Chuh, and the other reserved
tract, on which Moses Melton now lives, is to be considered the property
of said ]\Ielton and of Charles Hicks, in equal shares. * * * Also
relinquish * * » all right or claim * * * to the Long Island
in Holston Eiver."
2. The United States agree to pay, in consideration of the foregoing
cession, $2,000 in money upon the ratification of the treaty ; $8,000 in
four equal annual installments; to erect a grist-mill within one year in
the Cherokee country ; to furnish a machine for cleaning cotton ; and to
pay the Cherokee chief, Black Fox, $100 annually during his life.
3. The United States agree to urge upon the Chickasaws to consent
to the following boundary between that nation and the Cherokees south
of Tennessee Eiver, viz: Beginning at the month of Caney Creek near
the lower part of Muscle Shoals, and run up said creek to its head, and
in a direct line from thence to the Flat Stone, or Rock, the old corner
boundary.
4. The United States agree that the claims of the Chickasaws to tlie
two tracts reserved by article 1 of this treaty, on north side of the Ten-
nessee Eiver, shall be settled by the United States in such manner as
will secure the title to the Cherokees.
TREATY CONCLUDED SEPTEMBER ii, 1807; PROCLAIMED APRIL
22, 1S08.'
Held at upper end of Chicl((sair Inland, in Tenneaaee River, between James
Rohertson and Return J. Meigs, acting under authority of the Executive
of the United States, and a delegation of Cheroliee chiefs representing said
nation.
MATERIAL PROVISIONS.
This treaty is simply an elucidation of the first article of the treaty
of January 7, 1800, and declares that the eastern limits of the tract ceded
by the latter treaty "shall be bounded by a line so to be run from the
upper end of the Chickasaw Old Fields, a little above the u])per point
of an island, called Chickasaw Island, as will most directly intersect
the first waters of Elk Eiver ; thence carried to the great Cumberland
'United States Statutes at Large, Vol. VII, p. 103.
HovcEl- TREATY OF SEPTEMBER 11, 1807. 195
Mountain, in which the waters of Elk Kiver liave their source; then
along the margin of said mouutaiii, until it shall intersect the lands
heretofore ceded to the United States at the said Tennessee ridge."
In cousideratioii of this concession, the United States agree to pay
to the Cherokees $2,000 and to peruiit the latter to hnut upon the tract
ceded until the increase of settlements renders it improper.
HISiOEICAL DATA.
COXTliOVEUSY COXl'EHXI.VG liOlNDAIilES.
Shortly after the conclusion of the treaties of Uctober 2.5 and 27, 1805,
a delegation of Cherokee chiefs and headmen visited Washington.
Messrs. Eetnrn J. Meigs and Daniel Smith, the commissioners who had
negotiated those treaties, accompanied them.
The Secretary of War, Hon. Henry Dearborn, was specially depu-
tized by the President to conduct negotiations with them for the pur-
chase of such portions of their country as they might feel willing to sell,
but more especially to extinguish their claim to the region of territory
lying to the north and east of Tennessee liiver and west of the head
waters of Duck Elver.
The negotiations were concluded and the treaty was signed on the 7th
of January, 1800,' and the President transmitted the same to the Senate
on the 24th of the same month ; but that body did not consent to its
ratification for more than a year afterwards.^
At the time of the conclusion of this treaty, it was supposed by all
the parties thereto that the eastern limit of the cession therein defined
would include all of the waters of Elk Eivcr, the impression being that
the headwaters of Duck Eiver Lad their source farther to the east than
those of the Elk.^
The region of country in question had for many years been claimed
by both the Cherokees and the Chickasaws, and the Coveriinient of the
United States, not desiring to incur the animosity of either of these
Indian nations, had preferred rather to extinguish by purchase the claim
of each. "With this end iu view, a treaty iiad already been concluded
with the Chickasaws, under date of July 23, 1805,^ resulting m their re-
linquishment of all claim to the land north of Duck Eiver lying east of
the Tennessee and to a tract lying between Duck and Tennessee Elvers,
on the north and south, and east of the Columbian Highway, so as to
include all the waters of Elk Eiver. It had been the intention that the
eastern boundary of the cession made by both these nations should be
1 United States Statutes at Large, Vol. VII, p. 101.
2 May, 1807.
^Message of President Jefl'erson to U. S. Senate, Marcli 29, lg08, and letter of R. J.
Meigs, September 28, 1807. American State Papers, Indian Affairs, Vol. I, p. 753.
< United .States Statutes at Large, Vol. VII.
lUfa' CHEROKEE NATION OF INDIANS.
coiiifkleut from the head of Chickasaw Island northward, but when
the country came to be examined with a view to running the line, it was
found that a strict adherence to the text of the Cherokee_ cession would
leave about two hundred families of settlers on the headwaters of Elk
River still within the Indian country.' In the mean time the Chieka-
saws, having leai'ned that the United States had purchased of the
Cherokees their supposed claim to the territory as far west as the
Tennessee River, including a large region of country to the westward
of the limits of the cession of 1805 by the former, construed that fact as
a recognition of the sole and absolute title of the Cherokees thereto,
and became in consequence very much excited and angered. They
were only pacified by an official letter of assurance from the Secretary
of War, addressed to Maj. George Colbert, their principal chief,- wherein
he stated that in purchasing the Cherokee right to the tiact in ques-
tion tlie United States did not intend to destroy or impair the right of
the Chickasaw ISTatiou to the same ; but that, being persuaded no actual
boundary had ever been agreed on between the Chickasaws and Chero-
kees and that the Cherokees had some claim to a portion of the lauds,
it was fhought advisable to purchase that claim, so that whenever the
Chickasaws should be disposed to convey their title there should be no
dispute with the Cherokees about it.
The Cherokees by this treaty also relinquished all claim they might
have to the Long Lsland or Great Island, as it was sometimes called, of
Holstou River. This island was in reality outside the limits of the
country assigned the Cherokees by the first treaty between them and
the United States, at Hopewell, in 178.5, but they had always since
maintained that no cession had ever been made of it by them, and it was
deemed wise to insert a specific clause in the treaty under consideration
to that effect.^
Boundaries to he surveyed. — Early in 1807* the Secretary of War noti-
fied Agent Meigs that Mr. Thomas Freeman had been appointed to sur-
vey and mark the boundary line conformably to both the treaty of 1805
with the Chickasaws and of 180G with the Cherokees, as well as to sur-
vey the land ceded between the south line of Tennessee and the Ten-
nessee River, lying west of the line from about the Chickasaw Old
Fields to the most eastern source of Duck River. He was also advised
that General Robertson and himself had been designated to attend and
superintend the running of such boundary lines. Furthermore, that it
'President Jefferson to U. S. Senate, M.irch 29, 1808. American State Papers,
Indian Affairs, Vol. I, p. 753.
-February 21, 1306. Indian Office records.
= 0n tlie retnru home of the Cherokee delegation that visited Washington in It'Ol,
"The Glass, " a noted Cherokee chief, represented to his people that the Secretary of
War had said, "One Joseph Jlartin has a claim on the Long Island of Holston River."
This the Secretary of War denieil, in a letter dated November 20, IHOl, to Col. R. J.
Meigs.
■1 April 1. Indian Office records.
liovcE] TREATY OF MARCH -22, leUi. 197
was desii'able that the easteru liue of both cessious sliould be one aud the
same, for although by the Chickasaw treaty the whole waters of Elk Ei ver
were included, it was evident their claim to anj' lands east of the line
agreed upon by the Oherokees was more than doubtful ; that, there-
fore, the United States ought not to insist on such a line as would go
to the eastward of the one defined in the Cherokee treaty, unless the
latter could be prevailed upon to extend the same, in which event they
were authorized to offer the Chcrokees a moderate compensation there-
Ibr.
EXPI.ANATOKY TKEATY XKGOTIATED.
This led, upon the assembly of the commissioners and surveyor at
Chickasaw Old Fields, in the fall of 1807 (for the purpose of surveying
and marking the boundary lines iu question), to the negotiation of an
explanatory treaty with certain of the Cherokee chiefs, on the 11th of
September, 1807,^ whereby it was agreed that the Cherokee cession line
should be extended so far to the eastward as to include all the waters
of Elk Eiver and thereby be made coincident aud uniform with the
Chickasaw line.
Secret article. — The ostensible consideration paid for this concession,
as shown by the treaty, was $2,000; but it was secretly agreed that
$1,000 and two rifles should be given to the chiefs with whom the treaty
was negotiated.^
President J efferson transmitted this latter treaty to the Senate on the
29th of March, 1808, aud having received the consent of that body to its
ratification, it was i)roclaimed by the President on the 22d of April
following.
TREATY CONCLUDED MARCH 22, i8i6; RATIFIED APRIL 8, iSi6.-
Held at Washingto7i City, I). C, bcticeen George Graham, specially au-
thorized as commissioner therefor by the President of the United States,,
and certain chiefs and headmen duly authorized and cmpoivercd by the
Cherolcee Xation.
MATERIAL PROVISIONS.
1. The Cherokees cede to the State of South Carolina the following-
tract : Beginning on the east bank of Chattuga Eiver, where the boun-
dary line of the Cherokee Nation crosses the same, running thence
with the said boundary line to a rock on the Blue Eidge, where the
boundary liue crosses the same, and which rock has been lately estab-
' United States Statutes at Large, Vol. VII, p. 103.
- Letter of Return J. Meigs to Secretary of War, September 28, 1807, iu wiiieh he
says: '• With respect to the chiefs who have transacted the business with us, they will
have their hands full to satisfy the ignorant, the obstinate, and the cunning of some
of their own people, for which they well deserve this silent consideration."
3 United States Statutes at Large, Vol. VII, p. 138.
198 CHEROKEE NATION OF JNDIANS
lished as a corner to the States of North and South Carolina ; running
thence south sixty-eight and a quarter degrees west, twenty miles and
thirty-two chains, to a rock en the Chattnga River at the thirty-fifth
degree of north latitude, another corner of the boundaries agreed upon
by the States of North and South Carolina ; thence down and with the
Chattnga to the beginning.
2. The United States promise that the State of South Carolina shall
pay to the Cherokee Nation, in consideration of the above cession,
$5,000, within ninety days after the ratification of the treaty by the
President and Senate, provided the Cherokee Nation and the State of
South Carolina shall also ratify" the same.
TREATY CONCLUDED MARCH 22, i8i5 ;' RATIFIED APRIL 8. i8i6.-
Held at Washington City, I). C, heticeen George Graham, spcciaUij an
thorized as commissioner therefor hy the JPresident of the United 8taten,
and certain chiefs and headmen duly authorised and empoirered hy the
Cherokee Xation.
MATERIAL PROVISIONS.
1. The north boundary of the lands ceded by the Creek treaty of
1811, as between such cession and the Cherokees, is declared to extend
from a point on the west bank of Coosa Eiver opposite the lower end
of the Ten Islands and above Fort Strother, in a direct line, to the Flat
Eock or Stone on Bear Creek, a branch of the Tennessee, which line
shall constitute the south boundary of the Cherokee country lying west
of Coosa River and south of Tennessee River.
2. The Cherokees concede to the United States the right to lay off,
open, and have the free use of all roads through their country north of
said line necessary to convenient intercourse between the States of
Tennessee, Georgia, and Mississippi Territory ; also the free naviga-
tion of all rivers within the Cherokee territory. The Cherokees agree
to establish and maintain on the aforementioned roads the necessary
ferries and public houses.
3. In order to prevent future disputes concerning the boundary
above recited, the Cherokees agree to appoint two commissioners to ac-
company the United States commissioners appointed to run said line.
4. When the United States appoint a commissioner to lay off a road
as jirovided for above, the Cherokees shall also appoint one to accom-
pany him, who will be ijaid by the United States.
'>. The United States agree to reimburse individual Cherokees for
losses sustained by them in consequence of the marching of militia and
United States troops through their territory, amounting to $25,000.
' Two treaties appear of the same date and negotiated by tbe same parties. It is
to be noted that the first controls a cession to the State of South Carolina and tbe
second defines certain other concessions to the United States.
= United States Statutes at Large, Vol. VII, p. 139.
EOYCE.J TEEATY OF MARCH >J, 1616. 199
HISTORICAL DATA.
Subsequent to the ratification of the treiity of September II, 1807,
with the Cherokees, no other treaty receiving the final sanction of the
Senate and President was concluded with them until March 2'2, 181(i;'
but in the interval sundry negotiations and matters of official impor-
tance were conducted with them, which it will be proper to summarize.
COLONEL EARLE'S NEGOTIATIONS FOR THE PVKCHASE OK IRON-OItE TUACT.
In the early part of the year 1807, Col. Elias Earle, of South Carolina,
proposed to the Secretary of War the establishment of iron works, with
suitable shops, in the Cherokee Xation, on substantially the following-
conditions, viz: That a suitable place should be looked out and selected
where sufficient quantities of good iron ore could be found, in the vi-
cinity of proper water privileges, for such an establishment ; that the
Indians should be induced to make a cession of a tract of land, not less
than 6 miles square, which should embrace the ore bed and water priv-
ilege; that so much of the land so ceded as the President of the United
States should deem proper should be conveyed to him (Earle), includ-
ing the ore and water facilities, whereon he should be authorized to
erect iron works, smith shops, and so forth. Earle, on his part, engaged
to erect such iron works and shops as to enable him to furnish such
quantities of iron and implements of husbandry as should be suificient
for the use of the various Indian tribes in that part of the country, in-
cluding those on the west side of the Ohio and Mississippi Rivers ; also
to deliver annually to the order of the Government of the United States
such quantities of iron and implements as should be needed for the
Indian service, and on such reasonable terms as should be mutually
agreed upon.
The Secretary of War referred the propositions of Colonel Earle to
the President of the United States, who gave them his sanction, and
accordingly Agent Meigs, of the Cherokees, was instructed^ to endeavor
to procure from the Cherokees such a cession as was proposed, so soon
as Colonel Earle should have explored the country and selected a suit-
able place for the proposed establishment. Colonel Earle made the
necessary explorations, and found a place at the mouth of Chickamauga
Creek which seemed to meet the requirements of the case.
Thereupon Agent Meigs convened the Indians in council at High-
wassec, Tennessee, at which Colonel Earle was present, and concluded a
treaty ' with them. By its terms, in consideration of the sum of $5,000
and 1,000 bushels of corn, the Cherokees ceded a tract of country 6
' United states Statutes at Large, Vol. VII, pp. 138 and 139.
2 February 28, ISO".
^December 2, 1807. See American State Papers, Indian Aft'airs, Vol. I, p. 753.
200 CHEROKEE NATION OF INDIANS.
miles square at the luontli of Chickamauga Creek, on the south side of
Teiiuessee Eiver, to be laid off iu square form so as to iuclude the
creek to the best advantage for such site. The treaty also contained
a proviso that in case the ore supply should fail at this point, the
United States should have full liberty to procure it within the Ghero
kee territory at the most suitable and convenient place. Twenty-five
hundred dollars of the consideratiou was at once paid in cash to the
Indians and 1,000 bushels of corn agreed to be delivered to them the
following spi'ing. Colonel Earle carried the treaty to Washington at
the next session of Congress for ratification.'
President Jefferson transmitted it to the Senate with a favorable
message,^ but before any action was taken by that body it was siscer-
tained that the tract selected and ceded was within the limits of the
State of Tennessee.
The matter of ratification was therefore i^stponed, with the hope that
the State of Tennessee would consent to relinquish her claim to the
laud. In this the President was disappointed. Xo further action was
taken for several years, until, it having become evident that no conces-
sion would be made in the matter by the legislature of Tennessee, the
United States Senate' unanimously rejected the treaty. In conse-
quence of this action, Colonel Earle made claim ^ against the Govern-
ment either for the value of his time and expenses incurred in explor-
ing the Cherokee country, selecting the site, and procuring the conclu-
sion of the treaty, or, as an alternative, that the consent of the Chero-
kees should be secured to the cession of another tract of similar area
and character.
The latter proposition was accepted, and Agent Meigs was advised^
that Mr. Earle had been granted permission to select some other site
suitable for his iron -works, and instructed that in case lie did so, nego-
tiations should again be opened with the Cherokees for an exchange of
the tract covered by the cession of 1807 for the one newly selected.
Success, however, does not seem to have attended this second attempt,
and Agent Meigs was advised'' by the Secretary of War that $985 had
been paid Colonel Earle for damages sustained by him in the Cherokee
country while detained there by the Indians, which amount must be de-
ducted from the Cherokee annuity.
A third attempt of a similar character was made in 1815, when' Col-
onel Earle was appointed to negotiate, in conjunction with the Indian
agent, a treaty with the Cherokees or Chickasaws for the purchase of a
' Letter of Return J. Meigs to Secretary of War, December 3. 1807.
-Marcli 10, 1808. See Americau State Papers, ludiau Affairs, Vol. I, j). 752.
'.January lU, 181-2.
'In Marcli, 1812.
" May 14, 1«12.
s March 24, 1814.
"February 3, 1815.
KOviE.} TREATY OF MARCH ii, 1816. 201
6-mile Sijuare tnict for the erectiou of his projjosed irou works. Like
the previous efforts, it was without results.'
TENNESSKK FAILS TO CONCLUDK A TliEATY ^VI•rII THK CIIKKOKEES.
Congress on the ISth of April, 1806,^ had passed an act entitled "An
act to authorize the State of Tennessee to issue grants and perfect titles
to certain lands therein described, and to settle claims to the vacant and
unappropriated lands within the same."
This act, for the purpose of defining the limits of the vacant and un-
appropriated lands in the State of Tennessee, thereafter to be subject
to the sole control and disi)osition of the United States, established the
followiug described line, viz: Beginning at the place where the eastern
or main branch of Elk liiver intersects the southern boundary of Tenn-
essee ; running thence due north until such line shall intersect the north-
ern or main branch of Ducic lUver; thence down the waters of Duck
River to the military boundary line established by North Carolina in
1783 ; thence with the military line west to the place where it intersects
Tennessee Elver; thence dowu the waters of Tennessee Eiver to where
it intersects the northern line of Tennessee. The act further provided
that upon the execution by the State of Tennessee (through her Senators
and Representatives in Congress, duly authorized thereto) of a deed of re-
linquishment to the United States of all the claim of that State to lauds
lying south and west of the described line, the United States should
thereupon cede and convey to the State of Tennessee all claim to the
land north and east of the line, with certain conditions and limitations
therein prescribed, and with the proviso that nothing contained in the
act should be construed to affect the Indian title.
Predicated upon this act of Congress, the legislature of Tennessee
passed an act, on the 3d of December, 1807,'' ap^jropriating .$20,000 for
the purpose of holding a treaty or treaties with the Cherokees (when
authorized so to do by the Federal Government) for the purpose of ex-
tinguishing their claim to all or any part of the lands within the ter-
ritorial limits of Tennessee lying to the north and east of the line de-
scribed in the act of Congress just mentioned.
Congress having assented to the request of Tennessee, the Secretary
of War appointed^ Return J. Meigs a commissioner to suj)erintend the
negotiations with the Cherokees about to be held with them by the two
commissioners api^ointed on the jiart of that State. Mr. Meigs was ad-
vised that all the expenses incident to the holding of the treaty, as well
as any consideration that should be agreed upon in case of a cession by
'A full liistory of Colonel Earle's attempt to secure a site for the erectiou of iron
works will be found among the records and tiles of tbe Office of Indian Aftairs.
-United States Statutes at Large, Vol. II, p. 381. See also amendment to this act
by act of Febniary 18, 1841, United States Statutes at Large, Vol. Y, p. 412.
' Scott's Laws of Xorth Carolina and Tennessee.
< March -26, 1808.
202 CHEROKEE NATION OF INDIANS.
the Indians, should be borne by the State of Tennessee, and that the only
lands the commission were authorized to treat for was that portion of
the territory described in the act of April 18, 1806, as being ceded to
. Tennessee which should be found to lie east of the line established by
Eobertson and Meigs, running from the upper part of Cliickasaw Old
Fields northwardly so as to include all the waters of Elk Eiver. The
jealousy with which the Cherokees regarded a proposition for the sale
of more land, and their especial aversion toward the people and gov-
ernment of Tennessee, prevented success from attending these negotia-
tions in any degree.
REMOVAL OF CHEROKEES To THE WEST OF THE MISSISillTI PROPOSED.
It had been the iiolicy of the Federal Government, from the beginning
of its official relations with the Indian tribes, to encourage and assist
the individuals of those tribes in grasping and accepting the pursuits
and habits of civilized life, with a 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 tillier of
the soil or a herdsman, with the alternative of starvation. This hu-
mane policy, begun systematically in the lirst administration of Wash-
ington,' took the form of a considerable annual expenditure in the pur-
chase for the Indians of hoes, plows, rakes, and other agricultural im-
])lements, as well as looms, cards, and spinning wheels. Among the
northwestern tribes these eflbrts at industrial civilization were product-
ive of triflingresults. 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 iu
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 Govern-
ment.
However, the persistent and unremitting demands of the border set-
tlers for more land, backed l)y the thorough symp^ithy and influence
of the State governments of Tennessee, North Carolina, and Georgia, as
well as by their Senators and Representatives in Congres.?, acted as a
powerful lever for moving the Congress and Executive of the United
States to seek the complete i)ossession of the Creek, Cherokee, Choctaw,
and Chickasaw lands.
As earlj'as 1803^ President Jeflersou had suggested the desirability
' See report of General Knox, Secretary of War, to President Washington, July 7,
1789; Creek treaty of 1790; Clierokee treaty of 1791, etc.
* Confidential message of President .lefferson to Congress, January 18, 1803.
Hovru.l TREATY OF MARCH 22, 1816. 203
of the removal of these tribes beyond the Mississippi Eiver, altlionjih
the first ofiQcial action taken in this direction was contained in tlie tilth
section of an act of Congress approved ]\rarch 20, 1804, erecting Loui-
siana into two Territories. This act appropriated $15,000 to enable the
President to effect the desired object. This was supplemented iu
1808,' when the Secretary of War, in a letter to Agent Meigs giving
permission for a delegation of Cuerokees to visit Washington, instructed
liim to improve everj' opportunity of securing the consent of the
(Jherokees to an exchange of their lands for a tract west of the Missis-
sippi.
The delegation hei-e 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 be-
tween tke Upper and Lower Cherokees, and advanced a proposition that
a dividing line be run between the ten-itory of these two branches of
the tribe, inasmuch as the former were cultivators of the soil, and de-
sired 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.'-* This proposition met with
the personal approval of the Secretary of War. He instructed the
agent' to ascertain the sentiments of the nation upon such a proposi.
tion, to the end that, if possible, those who adhered to aboriginal habits
could be induced to accept a country in the newlj- acquired Territory of
Louisiana, in lieu of their i)roportiouate share of the country then oc-
cupied 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 sub-
sistence involved in the rapid diminution of game. Many of tlie Lower
or " hunter " Cherokees became persuaded of the necessity of looking
out a new home, and early iu January, 1809,^ President Jefferson ad-
dressed a " talk" to them, approving their project and promising facil-
ities for the transportation of a delegation to visit the Arkansas and
White Eiver countries, where, in case they found a suitable location, the
United States would assign them a sufQcient 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 num-
bers (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
' Jlarcli 2'>.
'-See letter of Secretary of War to Col. R. J. Meigs, May 5, 1808.
'May 5, 1808.
^Jauuary 9, 1809
204 CHEROKEE NATION" OF INDIANS.
Uuited States authorities were not as yet prepared to defray the pe-
cnniary expense of so large a migration. The agent was therefore di-
rected to discourage for the present anything except the removal of
individual families.' The situation remained uncliaiiged until the
spring of ISll,'- when the Secretary of War informed Agent Meigs that
time and circnrastauces had rendered it expedient to revive the subject
of a general removal and exchange of lands. The latter was advised-
that it was veiy desirable to secure a cession of the Cherokee lands ly-
ing within the States of Tennessee and South Carolina, and that in case
the whole nation could be brought to agree to the iwoposition of ceding
these tracts, as the pioportionate share of the " emigrant party," in
exchange for lands to be assigned such party on White and Arkansas
Eivers, he would be authorized and directed to negotiate a treaty with
the Cherokee ifation for that purpose. From this time the subject re-
mained in statu quo for several years, except that small parties of Cher-
okees, consisting of a few individuals or families, continued to emi-
grate to the " j)romiscd land." It is perhaps interesting to state, in con-
nection with this emigration movement of the Clierokees, 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 em-
barked in pirogues, and, descending the Tennessee, Ohio, and Mississii>i)i
liivers, reached and ascended the Saint Francis, then iu the Spanish
province of Louisiana, where they formed a settlement, from whence iu
a few years they removed to a more satisfactory location on White
Iiiver. 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.
El'FuUTS OF .Sonir CAIioLIXA T(l KX 1 IXGl'ISK CUKHl )KKK TITLE.
On the 31st of December, 1810, the governor of South Carolina trans-
mitted to the President a resolution of the legislature of that State
urging an extinguishment of the Cherokee Indian title to lauds within
her State limits.^ The Secretary of War, in his letter of acknowledg-
ment,'' 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 1811, when Agent
Meigs was appointed^ 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
esx^euses of the treaty and to adjust the compensation that should In-
agreed upon in consideration of the proposed cession, agreeably to the
'Letter of Secretary of War to Col. R. J. Meigs, November 1, 1809.
-March 27, 1811.
■■ Indian Office files.
■> March 28, 1811.
■^ December 26.
KOvcE.l TREATY OF MARCH i-i, 1316. 205
l»iovisions of the twelfth section of au 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 3Ieigs' to bring a delegation of the Cherokees
to Washington for this and other jjurposes of negotiation.
This delegation arrived early in the spring of IS 16, and the Hon.
George Graham, being specially autliorized by the Pri sident, concluded
a treaty on' the 22d of Jlarch of that year.- 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 Sen-
ate, subject also to ratification by the Cherokee national council and
by the governor of South Carolina, the Cherokees ceded to that State
all claim to territory- within her boundaries.
This treaty was transmitted^ to the Senate by President Madison, and
ratified and proclaimed, as set forth in the abstract of its provisions
hereinbefore given, on the 8th of April, 1810.
BolNUARV ISETWF.EX CHERUKKES, .CKEEKS, CUnCTAW.S, AND CHICKASAWS.
The lines of demarkation between the respective possessions of the
Cherokee, Creek, Choctaw, and Chickasaw Xatlons had long been a
subject of dispute between them. People living in a state of bar-
barism and principally dependent upon the chase for a livelihood,
necessarily roam over a ^■ast amount of territory within which no per-
manent habitations have been established by themselves. An accurate
definition of the boundaries between them and their nearest neighbors
pursuing a similar mode of life is unnecessary so long as no disturbing
factor is brought into the case. But contact with an ever-encroaching
tide of civilization renders essential au accurate definition of limits.
The United States, in several of its numerous treaties for the acquisi-
tion uf territory from these four tribes, had been met with conflicting
claims as to its ownership. In order that future disputes and em-
barrassments of this character should be avoided, the authorities of
the United States entertained the idea of causing a boundary line
to be run and marked between the adjoining territory of these tribes.
The Indian agents were advised by the Secretary of War^ that the
subject was under consideration, the plan being to constitute a com-
mission, consisting of two representatives selected by each tribe and
uf the United States agents for those tribes, who should, after full
examination of the country and the subject, agree upon and fix their
respective boundaries. Owing, however, to the complicated state of
our foreign relations and the feverish condition of mind manifested by
the border tribes, soon followed by war with England and with the
' November 22, 1815.
- United States Statutes at Large, Vol. VII, p. 138.
3 March 26, 1816.
<May 8, 1811.
206 CHEROKEE NATION OP INDIANS.
Creek Indians, it became necessary to drop further negotiations on the
subject, and the matter was not again revived in this form.
After the treaty of 1814 with the Creeks, however, whereby General
Jackson exacted from them, as indemnity for the expenses of the war,
tlic cession of an immense tract of country in Ahibama and Georgia,'
the question of the proper limits of this cession on'the north and west
became a subject of controversy between the United States and the
Cherokees, Choctaws, and Chickasaws.
The United States authorities at Washington were anxious that noth-
ing should occur in the adjustment of these boundaries which should
cause a feeling of irritation among those tribes. Commissioners had
been appointed in the summer of 1815 to survey and mark the bound-
aries of this Creek cession, and in August of that year we find the
Secretary of War giving instructions to Agent Meigs, of the Cherokees,
to meet the boundary commissioners, with a few of the principal Chero-
kee chiefs, at the point on Coosa River where the south boundary of
the Cherokee Nation crossed the same, in order that the Cherokees
should be satisfied that the commissioners began at the proper point.
Several additional reminders were given the agent, during the progress
of the survey, that the matter of boundary was a question of fact to be
ascertained and determined from the best attainable evidence, and that
care must be taken that iio injustice should be done the Cherokees.'*
In the following spring' a delegation of Cherokees was brought to Wash-
ington, by direction of the W^ar Department, and, pending the comi)le-
tion of treaty negotiations with them, the boundary commissioners were
instructed not to mark the line between the Cherokees and the Creek
cession until further orders.
These negotiations resulted in a second treaty of March 22, 1810^
(the one for the cession of the tract in South Carolina bears the same
date), wherein it was declared that the northern boundary line of the
Creek cession of 1814 should be established by the running of a line
from a point on the west bank of Coosa Kiverop])osite to the lower end
of the Ten Islands, above Fort Strother, directly to the Flat Rock or
Stone on Bear Creek, said Flat Rock being the southwest corner of the
Cherokee possessions, as defined by the treaty with them concluded
January 7, 180G.
This boundary brought forth a vigorous thougli unavailing protest
from General Jackson, who argued that the Cherokees never had any
right to territory south of the Tennessee and west of Coosa River, but
that it belonged to the Creeks and was properly within the limits of
their cession of 1814.^
' United States Statutes at Large, Vol. VII, p. 1^0.
^Letter of Secretary of War to Agent Meigs, November 22, 1815.
•' March, 181G.
* United States Statutes at Large, Vol. VII, p. 139.
'' Letter from General Jackson to Secretary of War, June 10, 1816.
KOYCK.) TREATY OF MARCH 22, 1816. 207
All eft'orts were truitless in securing any further cession of lands,
either north or south of the Tennessee.^
Previous to the visit of the Cherokee delegation to Washington and
to the instructions given, as referred to above, to the boundary com-
missioners to suspend the running of the boundary line between the
Creek cession and the Cherokees pending negotiations with the latter
General Coffee had been engaged in surveying the line from Coosa Kiver
to the Tennessee Kiver.- As a result of the negotiations with the Chero-
kees, additional instructions were given the boundary commissioners^
(accompanying which was a copy of the Cherokee treaty concluded on
the 22d of March preceding) to run and mark the boundary line therein
agreed upon from the lower end of the Ten Islands, on Coosa Iliver, to
the Flat Kock, on Bear Creek. They were advised that the surveys
already made by General Coffee might be of advantage to them, though
from an examination of his report it did not appear he had taken any
notice of the point at which this line was to terminate, notwithstanding
he seemed to have had in view the treaty made with the Cherokees in
the year 180(1, which proposed Caney Creek and a line from its source
to the Flat Rock as the boundary between the Cherokees and Chicka-
saws. Coffee's line had alreadj' excited the jealousy and opposition of
the Chickasaws, and on the same day final instructions were given the
commissioners to run the line from Coosa Eiver to Flat Eock, j\Iajor
Cocke, the Chickasaw agent, was directed to advise the Chickasaws that
iu agreeing upon this line with the Cherokees the United States liad
in no degree interfered with the contlicting claims of the Ciiickasaws
south of that line and east of Coftee's line ; that from an examination
of the treaties with the Chickasaws and Cherokees, and especially that
of 17S0 with the former tribe, it appeared that a point called the Flat
Kock was considered a corner of the lands belonging to them, and had
since been considered as the corner to the Cherokee, Creek, and Chick-
asaw hunting grounds. It is proper to state in this connection that for
many years an uncertainty had existed in the minds of both the In-
dians and the United States authorities as to the exact location of this
Flat Rock,^ and whether it was on Bear Creek or on the headwaters of
the Long Leaf I'ine, a branch of the Black Warrior Kiver. The line as
finally run by the commissioners from Flat Kock, on Bear Creek, to Ten
Islands, pursued a course bearing S. 67° 56' 27" E. 118 miles and 40
perches.^ It may be interesting also to quote from a letter" from Will-
' Letter from Secretary of War to United States Senators from Tennessee, April 4,
1816.
■^See letter of Secretary of War to Barnett, Hawkins, and Gaines, April 1(>, 1816.
^ April 16, 1816. These bonndfiry commissioners were William Barnett, Col. Benja-
min Hawkins, and Maj. ii,. P. Gaines.
••Letter of General Jackson to Secretary of War, June 10, 1816 ; also from Commis-
sioner Barnett, June 7, 1816.
'Old map on file in General Land Otfice.
«Juue 7, 1816.
208 CHEROKEE NATION OF INDIANS.
iam Barnett, one of the United States boundary comnii.ssioners, to liis
co-commissioner, General Coffee, in wbicli lie states tbat he has just re-
turned from the council at Turkeytown, at which the Cherokees, Choc-
taws, Chickasaws, and Creeks were represented, and that the principal
purpose of the council was to agree upon and adjust their several bound-
aries. He notes the fact that the Creeks and Cherokees had agreed
to make a joint stock of their lands, with a privilege to each nation to
.settle where they pleased. The Creeks and Choctaws had fixed on the
ridge dividing the waters of the Black Warrior and the Cahawba as
their former boundary. The Chickasaws and Cherokees could come to
no understanding as to their divisional line, the former alleging that
they had no knowledge of any lands held by the latter on the south
side of the Tennessee River adjoining them ; that they always cousid.
ered the lands so claimed by the Cherokees as belonging to the Creeks,
and in support of this they had exhibited to him a ninnber of affida-
vits in proof that their line ran from the mouth of a small creek empty-
ing into the Tennessee near Ditto's Landing (opposite Chickasaw Isl-
and), up the same to its source, thence to the head of the Sipsey Fork
of the Black Warrior, and down the same to the Flat Rock, where the
Black Warrior is 200 yards wide; that they bad no knowledge of any
place on Bear Creek known as Flat Rock, and that running tlie line to
the last mentioned phice would be taking from them a considerable tract
of country, to which they could by no means consent.'
HOADS TMliorGII rm-: CUKIiOKEK COr.NTUV.
In order to secure a proper .system of communication between the Ten-
nessee and the Lower Alabama and Mississippi settlements, the United
States had long desired the establishment of sufficient roads through the
Indian country between those points. The Indians, however, were
shrewd enough to perceive that the granting of such a permission
would be but an entering wedge for splitting their country in twain,
and afford excuse for the encroachments of white settlers.
' From a letter of Agout Meigs bearing (late December 2(i, 1804, it seems that he was
just in receipt of a communicatiou from the Chickasaw chiefs relative to their claim
to lands on the north sule of Tennessee River The chiefs assert that part of their peo-
ple formerly lived at a place called Chickasaw Old Fields, on the Tennessee, about 20
miles above the mouth of Elk River ; that while living there they had a war with the
Cherokees, when, finding themselves too much separated from their principal settle-
ments, they removed back thereto. Afterwards, on making peace with the Cherokees,
their boundaries were agreed on as they are defined in the instrument given them by
President Washington in 1794.
They further state that they had a war with the Shawuees and drove them from all
the waters of t,he Tennessee and Duck Rivers, as well as conflicts with the Cherokees,
Choctaws, and Creeks, in which they defeated all attempts of their enemies to dis-
jiossess them of their country.
' Agent Meigs remarks that he is convinced the claim of the Chickasaws is the best
founded; that nut 11 recently the Cherokees had always alluded to the country iu con-
troversy as the hunting ground of the four nations, and that their few settle-
ments wilhin this region were of recent date.
KorcF..] TREATY OF SEPTEMBER 14, 1816 209
The establislimeDt of new thorougbftires had therefore beeii regarded
■with extreme jealousy and had never been yielded to by them except
after a persistency of urging that bordered ou force.
In the spring of 1811' Agent Meigs was advised by the Secretary of
War of the expediency of liaving a road opened without delay from the
Tennessee to the Tombigbee, and also onefrom Tellico. Both these prop-
ositions would require the consent of the Creeks, and for the purpose of
securing the most advantageous routes it was contemplated that Cap-
tain Gaines should make a journey of exploration and survey of the
country bctweeu the Alabama and Coosa Kivers ou the sonth and Ten-
nessee and Hiwassee Elvers on the north. The fruition of these plans
was also postponed on account of the ensuing war with the Creeks, and
the subject was not again broached until after their subjugation. In
the spring of 1814 the legislature of Tennessee transmitted two me-
morials to Congress on the subject, and, by direction of the Secretary of
War, Agent ^Meigs was again instructed- to ascertain the bent of the
Indian mind in relation thereto. The result was the conclusion, with
the approval of the President, of two agreements between the Chero-
kees and the agents of certain road companies for the opening of two
roads through the country of the latter from Teunessee to Georgia.
But when the treatj' of March 22, 18IG, came to be negotiated at Wash-
ington, the United States authorities, after much persuasion, procured
the insertien therein of an article conceding to the United States a
practically free and unrestrained permission for the construction of any
and all roads through the Cherokee country necessary to convenient in-
tercourse between the northern and southern settlements.
TREATY CONCLUDED SEPTEMBER 14, 1816; PROCLAIMED DECEM-
BER 30. 1816.'
Held at Chlcl-axaw Council House, between Maj. (Jen. Andrew Jaclson,
General Darid Mcrriwcther, and Jesse Franldin, eonnnissioiicrs pleui-
j)otentiarij on the part of the United States, and the delegates representing
the Cherokee yation.
MATEUIAL PEOVISIOKS.
To perpetuate peace and friendshii) between the United States and
the Cherokees and to remove all future dissensions concerning bound-
aries it IS agreed :
1. Peace and friendship are established between the United States
and Cherokees.
2. Tlie Cherokee Nation acknowledge the following as their western
boundary : South of the Tennessee Eiver, commencing at Camp Coffee,
' May 25.
- April 7.
3 United States Statutes at Large, Vol. VII, p. 14S.
5 ETII 1-4
210 CHEROKEE NATION OF INDIANS.
on the south side of the Tennessee Eiver, which is opposite the Chicka-
saw Island; running from thence a due south course to the top of the
dividing ridge between the waters of the Tennessee and Toinbigby
Eivers; thence eastwardlj' along said ridge, leaving the headwaters of
the Black Warrior to the right hand until opposed by the west branch
of Wells' Creek ; down the east bank of said creek to the Coosa Eiver,
and down said river.
3. The Clierokees cede all claim to land south and west of the above
line In consideration for such cession the United States agree to pay
an annuity of $6,000 for ten years and the sum of $5,000 within sixty
days after ratification of the treaty.
4. The boundary Hue above described, after due notice given to the
CherOkees, shall be ascertained and marked by commissioners appointed
by the President, accompanied by two representatives of the Cherokee
Nation.
5. The Cherokee Nation agree to meet the United States treaty com-
missioners at Turkeytown, on Coosa Eiver, September 28, 1810, to
confirm or reject said treaty ; a failure to so meet the commissioners
to be equivalent to ratification.
Eatified at Turkeytown by the whole Cherokee Nation, October 4,
181G.
HISTORICAL DATA.
FURTnEU Pl-RCIIASE OF CnEROKEE LANDS.
On the 27th of May, 181G, the Secretary of War instructed Agent Meigs
to endeavor, at the next session of the national council of the Cherokees,
to obtain a cession of the Cherokee claim north of Tennessee Elver
within the State of Tennessee. For this proposed cession he was au-
thorized to ]>ay $20,000, in one or more ))a.vments, aud 85,000 in pres-
ents ; also to give Colonel Lowry, an influential chief among them, a sum
equal to the value of his improvements.'
He was furtlier instructed to make an eflbrt to secure the cession of
the lands which they bad declined to sell the previous winter and which
lay to the west of a line drawn due south from that point of the Tennes-
see Eiver intersected by the eastern boundary of Madison Conuty. Ala-
bama.
The necessity for these cessions, and especially that of the former
tract, had been urged upon the Government of the United States by
the legislature and by the citizens of Tennessee, many of whom had
been purchasers of land within its limits, from the State of North Caro-
lina, a quarter of a century in-evious, and who had been restrained
from possession and occupancy of the same by the United States au-
thorities so long as the Indian title remained unextinguished. In the
event that the national council of the Cherokees should decline to
' See ludian Office rocorils.
ROTCE] TREATY OF SEPTEMBER 14, 1816. 211
accede to the desired cessions, Agent Meigs was to urge that the Chero-
kee delegation aj^poiuted to meet the boundary commissioners at the
Chickasa^v Council House on the 1st of September following should be
invested with full authority for the conclusion of such adjustment of
boundaries as might be determined on at that place. This authority
was conditionally granted by the council,' and when the delegation
came to meet the United States commissioners at the Chickasaw Coun-
cil House, in the month of September, an agreement was made as to
boundaries as set forth in the second article of the treaty of September
14, 1816. By this agreement the Cherokees ceded all claim west of a
line from Camp Coffee to the Coosa River and south of a line from the
latter point to Flat Eock, on Bear Creek. ^ The treaty was ratified by
the nation in general council, at Turkeytown, on the 4th of October
following.^
Alabama allefjes error in survey. — When the due-south line from Camp
Cofi'ee provided for in the treaty was surveyed, the surveyor, through
an error in running it, deflected somewhat to the west. When the adja-
cent country came to be surveyed and opened up to settlement much
complaint was made, and the legislature of Alabama^ passed ajointreso-
lution reciting the fact that through this erroneous survey much valua-
ble land had been left within the Cherokee limits which had properly
been ceded to the United States and instructing Alabama's delegation
in Congress to take measures for having the line correctly run. The
matter having been by Congress referred to the Secretary of War for
investigation and report, the Commissioner of the General Land Office,
at his request, reported'' that when the pnblicsurveys were made in that
section it was found that neither the line due south from Camp Coffee nor
from the head of Caney Creek had been surveyed on a true meridian.
Inasmuch, however, as they had been run and marked by commissioners
appointed by the United States, the surveyors necessarily made the
public surveys in conformity to them. By this deviation from the true
meridian the United States and the State of Alabama had gained more
land from the manner in which the Caney Creek or Chickasaw boundary
line had been run than had been lost by the deviation in the Cherokee
or Camp Coffee line, and the quantity in either case did not perhaps
exceed six or eight thousand acres.
' Letter of Return J. Meigs to the Secretary of War, dated August 19, 1816. Ameri-
can State Papers, Indian Aflairs, Vol. II, p. 113.
^ Report of Commissioners Jaclison, Jlerriwether, and Franlilin to Secretary of War,
dated Chicljasaw Council House, September 20, 1816. American State Papers, Indian
Attairs, Vol. II, p. 104.
"> Report of Commissioners Jackson and Merri wether to Secretary of War, October 4,
1816.
^ January 7, 1828.
5 February 25, 1828.
212 CHEROKEE NATION OF INDIANS.
TREATY CONCLUDED JULY 8, 1817 ; PROCLAIMED DECEMBER 26, 1817.1
Held at Cherokee Agency, in the Cherokee Xation, betireen Maj. Gen.
Andrew Jackson, Joseph McMinn, gonrnor 0/ Tennessee, and General
Da rid Merr'urithcr, commissioners plenipoientlary of the United States,
and the chiefs, headmen, and warriors of the Cherokee Nation east of
the Mississippi Eirer, and those on the Arkansas Biver, by their deputies,
John D. Chisholm and James Rogers, ditly authorized by irritten poicer
of attorney.
MATERIAL PROVISIONS.
1. The whole Cberokce Xatioii cede to the Uuited Stiites all the lauds
lying uorth and east of the following boiiudaries, viz: Beginning
at the High Shoals of the Appalachy Eiver, and running thence along
the boundary line between the Creek and Cherokee ISTations westwardly
to the Chatahouchy Eiver ; thence up the Chatahouchy Eiver to the
mouth of Souque Creek ; thence coutiuuing with the general course of
the river until it reaches the Indian boundary line ; and should it strike
the Turrurar liiver, thence with its meanders down said river to its
uiouth, in part of the ])roportiou of land in the Cherokee Nation east of
the Mississippi to which those now on the Arkansas and those about to
remove there are jus;ly entitled.
2. The whole Cherokee Nation do also cede to the United States all
the lands lying uorth and west of the following boundary lines, viz:
Beginning at the Indian boundary line that runs from the north bank
of the Tennessee Eiver op])Osite to the mouth of Hywassee Eiver, at a
point on the top of Walden's Eidge where it divides the waters of the
Tennessee Eiver from those of the Sequatchie Eiver; thence along said
Tidge southwardly to the bank of the Tennessee Eiver at a point near
to a place called the Negro Sugar Camp, opposite to the upper end of
the first island above Eunuing Water Town; thence westwardly a
straight line to the mouth of Little Sequatchie Eiver; thence up said
iriver to its main fork ; thence up its northermost fork to its source ; and
thence due west to the Indian boundary line.
3. A census to be taken of the whole Cherokee Nation during June,
1818. The enumeration of those east of the Mississippi Eiver to be
made by a commissioner appointed by the President of the United
States and a commissioner appointed by the Cherokees residing on the
Arkansas. That of those on the Arkansas by a United States comujis-
sioner and one appointed by the Cherokees east of the Mississipiii.
4. The annuities for 1818 and thereafter to be divided upon the basis
of said census between Cherokees east of the Mississippi and those on
the Arkansas. The lands east of the Mississippi also to be divided, and
the propor.ion of those moved and agreeing to remove to the Arkansas
to be surrendered to the United States.
' United States Statutes at Large, Vol. VII, p. 156,
EOvcE.i TREATY OF JULY 8, 1817. 213
5. The United States agree to give to tbe renioviug Clierokecs a tract
of land ou the Arkansas and AYhite Eivers equal in area to the quantity
ceded the United States by first and second articles hereof. Said tract to
begin ou north side of the Arkansas Eiver, at mouth of Point Eemove, or
Bud well's Old Place; thence northwardly by a straight line to strike Ghat-
auuga Mountain, the first hill above Shield's Ferry, ou White Eiver, and
running u]) and between said rivers for quantity. Said boundary from
point of beginning to be surveyed, and all citizens of the United States
except Mrs. P. Lovely to be removed therefrom. All previous treaties
to remain in full force and to be binding on both parts of the Cherokee
Nation. Tlie United States reserves the right to establish factories, a
military jiost, and roads within the boundaries last above defined.
G. The United States agree to give all poor -warriors who remove
a rifle, ammunition, blanket, and brass kettle or beaver trap each, as full
compensation for improvements left by them ; to those whose improve-
ments add real value to the land, the full value thereof, as ascertained
by appraisal, shall be paid. The United iitates to furnish flat-bottomed
boats and provisions on the Tennessee Eiver for transportation of those
removing. ,
7. All valuable improvements made by Cherokees within the limits
ceded to the United States by first and second articles hereof shall be paid
for by the United States or others of equal value left by removing Chero-
kees given in lieu thereof. Improvements left by emigrant Cherokees
not so exchanged shall be rented to the Indians, for the benefit of the
poor and decrepit of the Eastern Cherokees.
8. Each head of a Cherokee family residing on lauds herein or here-
after ceded to the United States who elects to become a citizen of
the United States shall receive a reservation of G40 acres, to include
his or her improvements, for life, with reversion in fee simple to children,
subject to widow's dower. t)n removal of reservees their reservations
shall revert to the United States. Lands reserved under this provisioa
shall be deducted from the quantity ceded by first and second articles.
9. All parties to the treaty shall have free navigation of all waters
herein mentioned.
10. The Cherokee Nation cedes to the United States all claim to
reservations made to Doublehead and others by treaty of January 7,
1806.
11. Boundary lines of lands ceded to the United States by first and sec-
ond articles, and by the United States to the Cherokees in fifth article
hereof, to be run and marked by a United States commissioner, to be
accompanied by commissioners appointed by the Cherokees.
12. Citizens of the United States are forbidden to enter upon lands
herein ceded by the Cherokees until ratification and proclamation of
this treaty.
13. Treaty to be binding upon the assent and ratification of the Sen-
ate and President of the United States.
214 CHEROKEE NATION OF INDIANS.
HISTORICAL DATA,
POLICY OK REMOVING INDIAN TRIBES TO THE WEST OF THE MISSISSIPPI RIVER.
In tbe settlement and colonization hj civilized people of a country
theretofore a wilderness, and inhabited only by savage tribes, many im-
portant and controlling reasons exist why the occupation of sucli a
country should be accomplished by regular and gradual advances and
iu a more or less connected and compact manner. It was expedient
that a united front should be presented by the earlier settlers of this
continent, in order that the hostile raids and demonstrations of the In-
dian warriors might be successfully resisted and repulsed. Therefore,
the settlements were, as a rule, extended from the coast line toward the
interior by regular steps, without the intermission of long distances of
unoccupied territory. This seemed to be the policy anterior to the
Revolution, and was announced in the proclamation of King George iu
1763 wherein he prohibited settlements being made on Indian lauds or
the purchase of the same by unauthorized persons.
The first ordinances of Congress under the Artictles of Confederation
for disposing of the public lands were predicated upon the same theory.
But after the close of the war for independence, circumstances arising
out of the treaty of 1783 with Great Britain and the acquisition of Louis-
iana from France imposed the necessity for a departure from tlie old
system. Within the limits of the territory thus acquired sundry settle-
ments had been made by the French people at points widely separated
from one another and with many hundreds of miles of wilderness inter-
vening between them and the English settlements on the Atlantic
slope. The evils and inconveniences resulting from this irregular form
of frontier were manifest.
Settlements thus widely separated, or projecting in long, narrow col-
umn far into the Indian country, manifestly increased iu large ratio the
causes of savage jealousy and hostility. At the same time the means of
defense were rendered less certain and the expense and dififlculty of
adequately protecting such a frontier were largely enhanced.
Such, however, was the condition and shape of our frontier settle-
ments during the earlier years of the present century. Settlements on
the Tennessee and Cumberland were cut off from communication with
those of Georgia, Lower Alabama, and Mississippi by long stretches of
territory inhabited or roamed over by the Cherokees, Creeks, Choctaws,
and Chickasaws.
The French communities of Kaskaskia, Yinceune s, and Detroit were
similarly separated from the people of Virginia, Pennsylvania, and
newly settled Ohio by the territory of the hostile Shawnees, Miamis,
Wyandots, Pottawatomies, Ottawas, Kickapoos, ef «/.
A cure for all this inconvenience and expense had been sought and
given much consideration by the Government authorities.
ROTC.E.J TREATY OF JULY 8, 1817. 215
President Jefferson (as bas been previously stated) bad, as early as
1803/ suggested tbe propriety of an excbange of lands by tbose tribes
east of tbe Mississippi for an equal or greater area of territory witbin
tbe newly acquired Louisiana purcbase, and in 1809 bad autborized a
delegation of Oberokees to proceed to tbat country witb a view to select-
ing a suitable tract to wbicb tbey niigbt remove, and to wbicb many of
tbem did remove in tbe course of tbe years immediately succeeding.^
The matter of a general excbange of lands, bowever, became tbe
subject of Congressional consideration, and tbe Committee on Public
Lands of tbe United States Senate reported ^ a resolution for an appro-
priation to enable the President to negotiate treaties with tbe Indian
tribes wbicb should have for their object an exchange ot territory owned
by any tribe residing east of the Mississippi for other land west of tbat
river.
Tbe committee expressed the opinion that tbe proposition contained
in tbe foregoing resolution would be better calculated to remedy the in-
convenience and remove tbe evils arising out of tbe existing condition of
tbe frontier settlements than any other within tbe power of the Govern-
ment. It was admitted, bowever, tbat this object could not be attained
except by tbe voluntary consent of the sevei'al tribes interested, made
manifest through duly negotiated treaties with them.
The Senate was favorable to this proposition, but the House of Eep-
resentatives interposed a negative upon tbe action taken by the former
body.*
I\cmov(d of Cherol;ees encouraged. — The subject had long been under
consideration by the Cberokees, and no opportunity had been lost on
tbe part of the executive authorities of the United States to encour-
age a sentiment among them favorable to the removal scheme. Many
individuals of the tribe had already emigrated, and on the IStb of Octo
ber, 1816, General Andrew Jackson, in addressing the Secretary of War
upon tbe subject of the recent Cherokee and Chickasaw treaties,
suggested his belief that the Cberokees would shortly make a teuderof
their whole territory to the United States in exchange for lauds on tbe
Arkansas Eiver. He further remarked that a council would soon be
held by them at ^yillstown to select a proper delegation who should
visit the country west of the Mississippi and examine and report upon
its character and adaptability for their needs. In case this report
should prove favorable, a Cherokee delegation would thereupon wait
upon the President, with authority to agree upon satisfactory terms of
exchange. To this tbe Secretary of War replied tbat whenever tbe
' Confidential message of President JefTerson to Congress, January 18, 1803.
-The letter of President Jeftersou authorizing a delegation of Cherokees to visit the
Arkansas and White Eiver country was dated January 9, 1809, and will be found in
the American State Papers, Indian Affairs, Vol. II, p. 125, as well as among the records
of the Indian OtiBce.
^January 9, 1817.
^Letter of Secretary of War to General Jackson, May 14, 1817.
216 CHEROKEE NATION OF INDIANS
Cherokee Nation should be disiiosed to enter Into an arrangement for
an exchange of the hinds occupied by them for lands on the west side
of the Mississippi Eiver and should appoint delegates clothed with
full authority to negotiate a treaty for such exchange they would be
received by the President and treated with on the most liberal terms.
This state of feeling among the Cherokees had been considerably in-
creased by the fact that those of their people who had already settled
upon the Arkansas and White Eivers had become involved in territorial
disputes of a most serious character with the Osages and Quapaws,
The latter tribes claimed ownership of the lands upon which the Ibrmer
were settled Upon the Arkansas Cherokees laying their complaints
before the United States authorities, they were informed that nothing
could be done for their relief until the main body of the nation should
take some definite action, in accordance with previous understanding,
toward relinquishing a portion of their territory equal in area to the
tract upon which the emigrant party had located.^
FUKTHEU CESSIoX HF TKliUITORY BY THE CHEROKEES.
With a view to reaching a full understanding on this subject, the
Secretary of War notified* General Andrew Jackson, Governor McMinn-
of Tennessee, and General David Merriwether that they had been ap-
pointed commissioners for the purpose of holding a treaty with the
Cherokees on or about the 20th of June, 1817.' In pursuance of these
instructions a conference was called and held at the Cherokee Agency,
which resulted in the treaty of July S, 1817.'' I5y this treaty the Chero-
kees ceded two large tracts of country^ in exchange for one of equal
area on the Arkansas and White Rivers adjoining the territory of the
1 lu a letter to Return J. Meigs, under date of Septemlier 18, 1816, the Secretary of War
says that "the difficulties which have arisen between the Cherokees aud the Osages,
on the north of the Arkansas, and with the Quapaws, on the south, cannot be finally
settled until the line of the cession shall be run and the riglits of the Quapaws shall
be ascertained. Commissioners appointed by the President are now sitting at Saint
Louis for the adjustment of those diftereuces; but should the line of the Osage treaty
prove that they are settled upon the Osage lands, nothing can be done for the Chero-
kees. It is known to you and to that nation that the condition upon which the emi-
gration was permitted by the President was that a cession of Cherokee lands should
be made equal to the proportion which the emigrants should l)car to the whole nation.
Tbis condition has never been complied with on the part of the nation, and of course
all obligation on the part of the United States to secure the emigrants in their new
possessions has ceased. When the subject was mentioned to the Cherokee deputation
last winter, so far were they from acknowledging its force, that they declared the
emigrants should be compelled to return."
^May 14, 1H17.
^On the 17th of May, 1817, these commissioners were advised that the lauds pro-
posed to be given the Cherokees on the west of the Mississippi River, in exchange for
those then occupied by them, were the lauds on the Arkansas aud immediately ad-
joining the Osage boundary line.
■"United St.ates Statutes at Large, Vol. VII, p. 15G.
^ These tracts are designated on the accompanying map as Nos. 23 and 24.
ROYCE.] TEEATY OF JULY 8, 1817. 217
Osagcs. The Cherokees also ceded two small reservations made by the
treaty of January 7, 180G.'
The hirge cession by the first article of the treaty of 1817, though par-
tially in Georgia, was at tha time supposed to cover all the territory
claimed by the Cherokees within the limits of North Carolina,- and
was secured in deference to the urgent importunities of the legislature
and people of that State. It was subsequently ascertained that this
supposition was incorrect.
Majority of Cherohees averse to removal. — During the conference, but
before the negotiations had reached any definite result, a memorial was
presented to the United States commissioners, signed by sixty-seven of
the chiefs and headmen of the nation, setting forth that the delegation
of their nation who in 1809 -visited Washington and discussed with
Pi'esident Jefferson the proposition for an exchange of lands had acted
without any delegated authority on the subject. The memorialists
claimed to represent the prevailing feeling of the nation and were de-
sirous of remaining npon and retaining the country of their nativity.
They -were distressed with the alternative proposals to remove to the
Arkansas country or remain and become citizens of the United States.
While they had not attained a sufficient degree of civilization to fit them
for the duties of citizenship, they yet deprecated a return to the same
savage state and surroundings which had characterized their mode of
life when first brought in contact with the whites. They therefore re-
quested that the subject should not be further pressed, but that they
miglit be enabled to remain in peaceable possession of the land of their
fathers.^
The commissioners, however, proceeded with their negotiations, and
concluded the treaty as previously set forth, which was finally signed
by twenty-two of the chiefs and headmen whose names appeared at-
tached to the memorial, as well as six others, on behalf of the eastern
portion of the nation, and by fifteen chiefs representing those on the
Arkansas.* The treaty was submitted to the Senate, for its advice and
consent, at the ensuing session of Congress, and although it encountered
the hostility of those Senators who were opposed to the general i)olicy
of an exchange of lands with the Indians, and of some who argued, be-
cause of the few chiefs who had signed it, that it did not represent the
full and free expression of their national assent,^ that body approved
its provisions, and the President ratified and proclaimed it on the I'Gth
of December, 1817.
'These tracts are desiguated on tlie accompanying map as Kos. 25 and 2G.
-August 1, 1817, the Secretary of War advised the governor of North Carolina that
a treaty with the Cherokees had heen concluded, by which the Indian claim was re-
linquished to a tract of country including the whole of the land claimed by them in
North Carolina.
^This memorial bore date of Jnly 2, 1.S17.
< United States Statutes at Larj;e, Vol. VII, p. 156.
^Letter of Secretary of War to Treaty Commissioners August 1,1817.
218 CHEROKEE NATION OF INDIANS.
A portion of the Cherolees emigrate «-esf.— Immediately upon the sign-
iDg of the treaty, the United States authorities, presuming upon its final
ratification, took measures for carrying into effect the scheme of emigra-
tion. Within a month Agent Meigs reported that over 700 Cheroiiees
had already enrolled themselves for removal the ensuing fall.
The Secretary of War entered into a contract for 60 boats, to be de-
livered by 1st of IS^ovember at points between the mouths of the Lit-
tle Tennessee and Sequatchie Rivers, together -with rifles, ammunition,
blankets, and provisions ; ' and, under the control and directions of
Governor McMinn, of Tennessee, the stream of emigration began to flow,
increasing in volume until within the next year over 3,000 had emigrated
to their new homes, which numbers Lad during the year 1819 increased
to 0,000.-
Persecution of those favorable to emigration. — There can be no question
that a very large portion, and probably a majority, of the Cherokee
]S"ation residing east of the Mississippi had been and still continued
bitterly opposed to the terms of the treaty of 1817. They viewed with
jealous and aching hearts all attempts to drive them from the homes of
their ancestors, for they could not but consider the constant and urgent
importunities of the Federal authorities in the light of an imperative de-
mand for the cession of more teiritory. They felt that tliey were, as a
ration, being slowly but surely compressed within the contracting coils
of the giant anaconda of civilization ; yet they held to the vain hope
that a spirit of justice and mercy would be born of their helpless con-
dition which would finally prevail in their favor. Their traditions fur-
nished them no guide by which to judge of the results certain to follow
such a conflict as that in which they were engaged.
This difference of sentiment in the nation upon a subject so vital
to their welfare was productive of much bitterness and violent animosi-
ties. Those who had favored the emigration scheme and had been in-
duced, eitherthrough personal preference or by the subsidizinginfluences
of the Government agents, to favor the conclusion of the treaty, became
the object of scorn and hatred to the remainder of the nation. They
were made the subjects of a persecution so relentless, while they re-
mained in the eastern country, that it was never forgotten, and when,
1 Letters of Secret.ary of War to General Jackson and Colonel Meigs, August 9, 1817.
-Letter of Governor McMinn to Secretary of War, November 29, 1816, and subse-
quent correspondence during 1819. Governor McMinn's letter of November 29, 1818,
states that 718 families bad enrolled for emigi-atiou since December 20, 1817, and 146
families bad taken reservations, -wliicb made in all, including tbose who bad already
emigrated, about one-half of the Cherokee Nation as committed to the supjjort of the
policy iuvolved in the treaty of 1817.
February 17, 1819, a Cherokee delegation advised the Secretary of War that, while
Governor McMinn's euroUmeut showed the number of Chcrokees who had removed or
enrolled to go prior to November !.'>, 1818, to be 5,291, by Ibeir calculation the
number did not exceed 3,500, and that they estimated the number of Cherokees re-
uiaiuing east of the Mississippi at about 12,544.
RorcE] TREATY OF FEBRUARY 27, 1810. 219
iu the nitural course of events, the remainder of the nation were forced
to remove to the Arkansas country and Join the earlier emigrants, the
old hatreds and dissensions broke out afresh, and to this day they find
lodgment in some degree in the breasts of their descendants.
Dissatisfaction icith the treaty of 1817. — The dissatisfaction with the
treaty of 1817 took shajie in the assemblage of a council at Amoha, iu
the Cherokee K^ation, in September of the same year, at which six of
the principal men were selected as a deputation to visit the President
at Washington and present to him in person a detailed statement of
the grievances and indignities to which they had been subjected in
greater or less degree for many years and to ask relief and redress.
They were to present, with special particularity, to the President's
notice a statement of the improi)er methods and intluences that had
been used to secure the apparent consent of the nation to the treaty of
1817. They were authorized to enter into a new treaty with the United
States, in lieu of the recent one, in which an alteration might be made in
certain articles of it, and some additional article inserted relative to
the mode of payment of their annuity as between the Eastern and
Arkansas Cherokees.'
The delegation was received and interviews were accorded them by
the President and Secretary of War, but they secured nothing but gen-
eral exi)ressions of good will and promises of protection iu their rights
and property.
TREATY CONCLUDED FEBRUARY 27, 1819; PROCLAIMED MARCH 10,
1819.-
Hdd at Washinffton City, D. C, between John C. Calhoun, Secretary of
War, specially authorised therefor by the President of the United Sl<ites,
and the chiefs and headmen of the Cherolee Xation of Indians.
MATERIAL PROVISIONS.
1. The Cherokee Nation cedes to the United States all of their lands
lying north and east of the following line, viz: Beginning on the Ten-
nessee Eiver at the point where the Cherokee boundary with Madison
County, iu the Alabama Territory, joins the same ; thence along the
main channel of said river to the mouth of the Highwassce ; thence
along its main channel to the first hill which closes in on said river,
about two miles above Ilighwassee Old Town ; thence along the ridge
which divides the waters of the Highwassee and Little Tellico to the
Tennessee Eiver at Talassee; thence along the main channel to the
junction of the Cowee and Nanteyr»lee; thence along the ridge iu the
' The instnictious of the Amoha council to the delegation of six bear date of Fort-
Tille, Cherokee Nation, September 19, 1817.
^United States Statutes at Large, VoL VII, p. 195.
220 CHEROKEE NATION OF INDIANS.
fork of said river to the top of the Blue Ridge; thence along the Blue
Eidge to the Unicoy Turnpike Eoad; thence by straight line to the
nearest main source of the Chestatee; thence along its main channel
to the Chattahouchee ; and thence to the Creek boundary ; it being
understood that all the islands in the Chestatee, and the parts of the
Tennessee and Highwassee (with the exception of Jolly's Island, in the
Tennessee, near the mouth of the Highwassee) which constitute a por-
tion of the present boundary, belong to the Cherokee Nation ; and it is
also understood that the reservations contained in the second article of
the treaty of Tellico, signed the twenty fifth October, eighteen hundred
and five, and a tract equal to twelve miles square, to be located by com-
mencing at the point formed by the intersection of the boundary line
of Madison County already mentioned and the north bank of the Ten-
nessee liiver, thence along the said line and up the said river twelve
miles, are ceded to the United States, in trust for the Cherokee Nation,
as a school fund, to be sold by the United States, and the proceeds
vested as is hereafter provided in the fourth article of this treaty; and
also that the rights vested in the Unicoy Turnpike Company by the
Cherokee Nation * » # m-g ^ot ^ ^g affected by this treaty.
The foregoing cessions are understood and declared to be in full sat-
isfaction of all claims of the United States upon the Cherokees on ac-
count of the cession to a part of their nation who have emigrated or who
may emigrate to the Arkansas and as a final adjustment of the treaty
of July 8, 1817.
2. The United States agree to pay, according to the treaty of July 8,
1817, for all valuable improvements on land within the country ceded
by the Cherokees, and to allow a reservation of 010 acres to each head
of a family (not enrolled for removal to Arkansas) who elects to become
a citizen of the United States.
3. Each person named in a list accompanying the treaty shall have a
reserve of 610 acres in fee simple, to include his improvements, upon
giving notice within six months to the agent of his intention to reside
permanently thereon. Various other reservations in fee simple are made
to persons therein named.
4. The reservations and 12 mile tract reserved for a school fund in
the first article are to be sold by the United States and the proceeds
invested in good stocks, the interest of which shall be expended in edu-
cational benefits for the Cherokees east of the Mississippi.
5. The boundary lines of the land ceded by the first article shall be
established by commissioners appointed by the United States and the
Cherokees. Leases made under the treaty of 1817 of land within the
Cherokee country shall be void. All white people intruding upon the
lands reserved by the Cherokees shall be removed by the United States,
under the act of March 30, 1802.
6. Annuities shall be distributed in the proportion of two-thirds to
those east to one-third to those west of the Mississippi. Should the
novcK.) TREATY OF FEBRUARY 'i7, ]S19. 22 1
latter object witliiu one year to this proportion, a census shall be taken
of both portions of the nation to adjust the matter.
7. The United States shall prevent intrusion on the ceded lands iirior
to January 1, 1820.
8. The treaty shall be binding upon its ratifneation.
HISTORICAL DATA.
CHEROKEES WEST OF THE MISSISSIPPI — THEIR WANTS AND CONDITION.
Early in 1818 a representative delegation from that portion of the
Cherokees who had removed to the Arkansas visited Washington with
the view of reaching a more satisfactorj- understanding concerning the
location and extent of their newly acquired homes in that region. As
early as January 14 of that year, they had addressed a memorial to the
Secretary of War asking, among other things, that the United States
should recognize them as a separate and distinct people, clothed with
the power to frame and administer their own laws, after the manner of
their brethren east of the Mississi]>pi.
Long and patient hearings were accorded to this delegation by the
authorities of the Government, and, predicated niion their requests, in-
structions were issued' to Governor William Clark, superintendent of
Indian affairs at Saint Louis, among other things, to secure a cessation of
hostilities thenraging between the Arkansas Cherokees and the Osages;
furthermore, to induce, if i)Ossible, the Shawnees and Delawares then
residing in the neighborhood of Cape Girardeau to relinquish their laud
and join the AYestern Cherokees, or, in the event of a fiivoi'able termina-
tion of the Quapaw treaty then pending, that they might be located on
lands acquired from them.
During the year the Arkansas Cherokees had also learned that the
Oneidas of New York were desirous of obtaining a home in the West,
and had made overtures for their settlement among them.- The main
object of the Cherokees in desiring to secure these originally eastern In-
dians for close neighbors is to be found in the increased strength they
would lie able to muster in sustaining their quarrel with their native
western neighbors.
It may be interesting in this connection to note the fact that in 1825
the Cherokees sent a delegation to Wapakoneta, Ohio, accompanied by
certain Western Shawnees, whose mission was to induce the Shawnees
at that point to join them in the West. Governor Lewis Cass, under in-
structions from the \Yar Department, held a council at Wapakoneta,
lasting nine days,' having ia view the accomplishuient of this end, but
it was unsuccessful.
(iovernor Clark was also advised by his instructions of the desire of
1 May 8, 1818.
= Secretary of War to Keubeu Lewis, Uoited States Indian agent, May Ifi, 1818.
^Mav 16 to 'Ji, inclusive.
222 CHEROKEE NATION OF INDIANS.
tbe Cherokees to secure au indefinite outlet west, in order that they
should not in the future, by the encroachments of the whites and the
diminution of game, be deprived of uninterrupted access to the more
remote haunts of the buffalo and other large game animals. He was
instructed to do everything consistent with justice in the matter to fa-
vor the Cherokees by securing from the Osages the concession of such
a privilege, it being the object of the President that every favorable in-
ducement should be held out to the Cherokees east of the Mississippi
to remove and join their western brethren. This extension of their ter-
ritory to the west was promised them by the President in the near fu-
ture, and in the summer of 1819' the Secretary of War instructed
Reuben Lewis, United States Indian agent, to assure the Cherokees
that the President, through the recent accession of territory from the
Osages, was ready and willing to fulfill his promise.
Surrei/ of cast boundary of Chcrolcecs in ArJ^ansas. — Provision having
been made iu the treaty of 1817 ~ for a definition of the east line of the
tract assigned the Cherokees on the Arkansas, Mr. Eeuben Lewis, the
Indian agent in that section, was designated, in the fall of 1818,' to run
and mark the line, and upon its completion to cause to be removed, with-
out delay, all white settlers living west thereof, with the single excep-
tion mentioned in the treaty.
These instructions to Mr. Lewis miscarried in the mails and did not
reach him until the following summer. The line bad in the mean time
been run by General William Rector, under the authority of the Commis-
sioner of tbe General Land Office, which survey Mr. Lewis was author-
ized to accept as the correct boundary provided the Cherokees were sat-
isfied therewith.^ The field notes of this survey were certified by Gen
eral Rector April 14, 1819, and show the length of the line from Point
Remove to White River to have been 71 miles 55 chains and the course
N. 53° E.=
Treatij between Cherolcees and Osages. — During this interval'^ Governor
Clark had succeeded iu securing the presence at Saint Louis of repre-
sentative delegations of both the Osage and Western Cherokee tribes,
between whom, after protracted negotiations, he succeeded in establish-
ing the most peaceful and harmonious relations, which were evidenced
by all the usual formalities of a treaty.
liISPUTF.S AMOXG ClIKl;iiKEKS CnNTKIJXING KMUaiATK iX.
The unhappy differences of mind among the Cherokees east of the
Mississippi on the subject of removal, which had been fast approaching
' July 22.
'United States Statutes at Large, Vol. VIT, p. 156.
3 Letter of Secretary of War to Capt. William Bradford, Seiitemlier 'J, 1818.
■• Secretary of War to Ageut Lewis, July 22, 1819.
^Fiel<l notes and diagram on file iu Indian Office.
" October C, 1818.
KOTCE.J TREATY OF FEBRUARY -27, 1819. 223
a climax as a cousequeuce of the treaty of 1817, liad been rather stimu-
lated than otherwise by the frequent departure of parties for their new
western home, and the constant importunities of the United States
and State ofScials (frequently bearing the semblance of threats) hav-
ing in view the removal of the entire tribe. The many and open acts
of violence practiced by the "home" as against the "emigration" party
at length called forth ' a vigorous letter of denunciation from the Sec-
retary of War to Governor McMinn, the emigration superintendent.
After detailing at much length the many advantages that would accrue
to the Cherokee Xation by a removal beyond the contaminating influences
always attendant upon the contact of a rude and barbarous people
with a higher type of civilization, the unselfish and fatherly interest
the Government of the United States had always manifested and still
felt in the comfort and progress of the Cherokee people, and the great
degree of liberality that had characterized its action in securing for the
Cherokees in their new homes an indefinite outlet to the bountiful
hunting grounds of the West, the Secretary concluded by an expression
of the determination on the part of the United States to protect at all
hazards from insult and injury to person or property every Cherokee
who should express an opinion or take action favorable to the scheme
of emigration. He also instructed Governor McMinn to lose no o]iportu
nity of impressing upon the minds of the Cherokees that the practical
effect of a complete execution of the treaty of 1S17 would be, as had been
the intention of the Government when it was negotiated, to compel them
either to remove to the Arkansas or to accept individual reservations
and become citizens of the States within whose limits they resjiectively
resided.
PUBLIC SENTIMENT IN TENNESSEE AND GEORGIA CONCEHNING CHEROKEE BEMo^•AL.
Governor McMinn, being the executive of the State of Tennessee,
could hardly be supposed to present the views of the Secretary of War
to the Cherokees on the subject of their removal in milder terms or man-
ner than they had been communicated to him. The public otiicer in that
State who should have neglected such an opportunity of compelling the
Cherokees to appreciate the benefits of a wholesale emigration to the
West would have fared but ill at the polls in a contest for re election.
The people of both Tennessee and Georgia were unalterably deter-
mined that the Indians should be removed from their States, and no com-
promise or temporary expedient of delay would satisfy their demands.
Millions of acres of valuable lands, rich in all the elements that com-
bine to satisfy the necessities and the desires of the husbandman —
mountain, valley, and plain — comprising every variety of soil, fertilized
by innumerable running streams and clothed with heavv forests of the
finest timber, were yet in the possession of the native tribes of this re-
'July 29,1818.
224 CHEROKEE NATION OF INDIANS.
giou. Other lauds in great quantities, available for white settlement
aud occupation, both in Kentucky and the adjoining States, were, it is
true, l.ying idle. In point of soil, water, and timber they were doubtless
equal if not superior to the ludian possessions. But the idea was all-
prevalent then as it is now in border communities, that, however attract-
ive may be the surrounding districts of public lands open to the in-
clination of anybody who desires to settle thereon, the prohibited do-
main of a neighboring Indian reservation must of necessity surpass it,
and no application of the principles of reason, philosophy, or justice
will servo to lessen the desire for its jjossession. Governor McMinn
convened' a council of the Cherokees, at which he presented to them
in the strongest light the benefits that would accrue to their nation in
the increasing happiness, prosperity, and i)Oi)ulation such as would at-
tend their removal to the Arkansas, while, on the other hand, nothing
but evil could follow their continued residence east of the Mississippi.
Their lauds would be constantly encroached upon by white settlers ;
border desperadoes would steal their stock, corrupt their women, and
besot their warriors. However anxious the Goveriuneut might be to
protect tlieui in the uninterrupted enjoymentof their present possessions,
it would, from the circumstances of the case, be utterly unable to do so.
He therefore proposed to them that they should, as a unit, agree to re-
move west of the Mississippi, and that the United States should i)ay
them for their lands the sum of 8100,000, iu addition to all expenses of
removal; which amount, upon their inompt and indignant refusal, he at
once offered to double, but with as small measure of success.
The treaty of 1817 had made provision for the taking of a census of
the whole (Jherokee people during the month of June of the following
year. The census was to form the basis for an equitable distribution
of the annuities and other benefits of which the Clieiokee Nation was
in receipt, between the portion who continued to abide iu their eastern
homes and those who bad removed to the Arkansas country, in i>ropor-
tion to their respective numbers. Pending this enumeration no annu-
ities had been paid them, which produced much annoyance and dissat-
isfaction among both parties.
In consequence of the hostile and vindictive attitude manifested
toward the emigrant party by the remainder of the nation and the
many obstacles sought to be thrown iu the path of removal, the au-
thorities of the United States had hitherto refused to comply with the
census provision of the treaty of 1817. Governor jMcMiun, after the re-
jection of both his purchase and his removal propositions, then proposed
(iu answer to the demand of the Cherokee council that he should cause
the census to be taken in the manner provided) that if they would jjass
a foiuial vote of censure upon such of their officers as he t-hould name
as having Violated the treaty by the use of intimidating measures
against the Arkansas emigrants, he would cause the woik of taking
' November 13, 1818.
KorcE.) TREATY OF FEBRUARY '27, ]819. 225
the census to be at ouce begun. The council also declined to do this,
admitting that if such conduct bad characterized any of their officers
it was deserving of censure but denjing that any jiroof of the charges
had been submitted. They at last, however, as an evidence of their
good disposition toward the United States, consented to the removal of
one of the offensive officers named from his position as a member of the
council, and the Secretary of War authorized' the taking of the census
to be proceeded with. Governor McMinn, in summing up the results of
this council,^ assumes that about one-half of the nation had already
committed themselves to the policy outlined in the treaty of 1817, by
the fact that since December 28 of that year 718 families had enrolled
themselves for removal (aggregating, with those already removed, 5,201
individuals), besides 116 families who had elected to take reservations
in severalty. The lack of tangible results following this council was
promptlj' reported to the Secretary of War by both Governor McMinn
and Agent Meigs. The latter advised the authorities^ that a fully
authorized and representative delegation of the Cherokee l^ation would
shortly proceed to Washington, and that, in his judgment, the nation was
rapidly becoming satisfied of their inability to long postpone what to
every impartial observer must appear as inevitable — an exchange of
their country for a location west of the Mississippi River.
This delegation in due time* arrived at the capital, and a series of
councils or interviews was at once entered upon between themselves
and the Secretary of War, as representing the President. Many and
just wei'e the causes of complaint presented to the Secretarj- by the
delegation. The recital of their wrongs, the deep afiection manifested
for their native hills and streams, and the superstitious dread with
which they looked upon removal to a new country as being the deci-
sive step in their dispersion and destruction as a people were calcu-
lated to excite the sympathy of an unprejudiced mind. It had long
been evident, however, that the simple minded barbarian was unable
to cope with the intelligent and persistent demands of civilization, and
that, with or without his consent, the advancing host of white settlers
would ere many years b,e in full enjoyment of his present i^o'ssessions.
TJiEATV CONCLUDED FOR FUKTHEli CESSION OK LAXD.
After several preliminary discussions concerning the best method of
■adjusting their difaculties, the Secretary of War submitted tothem,^ in
writing, a statement of the basis upon which the United States would
enter into a treaty with them, urging promjit action thereon, in order
that the Senate might have time to exercise its constitutional func-
tions upon the same prior to its approaching adjournment.
1 December 29. 1818.
2 November 29, 1818.
3 December 19, 1818.
< February, 1819.
sFebruaryll, 1819.
5 ETH 15
226 CHEROKEE NATION OF INDIANS.
The salient points of this proposition were that the Cherokees should
make a cession of land in proportion to the estimated number of their
nation who had already I'emoved or enrolled themselves for removal to
the Arkansas; that the United States preferred the cession to be made
in Tennessee and Georgia, and that In the latter State it should be as
near and convenient to tlie existing white settlements as was pos-
sible ; that the reservation which the Cherokees had expressed a desire
to make for the benefit of a proposed school fund should be located
within the limits of Alabama Territory, inasmuch as the cession to be
made in Georgia would, under the provisions of the act of Congress of
1802, belong to that State, and the lands covering the proposed cession
in Tennessee would be subject to location by North Carolina military
land warrants. Neither was such school reservation to constitute any
portion of the land which the Cherokees were to cede in conformity to
the principle of exchange embodied in the first paragraph. The United
States would continue to extend its protection to both branches of the
Cherokee people, but those remaining east of the Mississippi, having
expressed a desire that the lands retained by them should be absolutely
guaranteed from any danger of future cession, were informed that in
order to secure such guarantee it was indispensable that the cessions
they were about to make should be am))le, and that the i)ortiou of terri-
tory reserved by them should not be larger than was essential to their
wants and convenience. The Secretary reminded them that should a
larger quantity be retained it would not be possible, by any stii)ulatiou
in the treaty, to prevent future cessions; that so long as they retained
more land than was necessary or convenient for themselves they would
feel inclined to sell and the United States to purchase. He commented
on the fact that they were rapidly becoming like the white people, and
could not longer live by hunting, but must work for their subsistence.
In their new condition of life far less land would be essential to their
happiness. Their great object should be to hold their land by severalty
titles and to gradually adopt the manners and laws of life which pre-
vailed among their white neighbors. It was only thus that they could
be prosperous and happy, and neglect to accept and profit by the situa-
tion would inevitably result in their removal or extinction.
The question as to the area of territory that should be ceded as the
equitable pro^iortiou of the Arkansas Cherokees formed the subject of
much dispute. The Eastern Cherokees denied the accuracy of the
emigration roll of Governor McMinn, and asserted that, instead of 5,291
emigrants, as stated by him, there had actually been not exceeding
3,500, while the non-emigrant portion of the nation they gave as num-
bering 12,544, or more than three-fourths of the entire community.'
It being impossible to reconcile these radical differences of esti-
mate and the Indians becoming wearied and discouraged with the per-
sistent importunities of the United States officials, they consented to the
' Cherokee delegation to Secretary of War, February 17, 1819.
ROTCE.I TREATY OF FEBRUARY 27, 1819. 227
cession of those tracts of couutry naively described in the treaty of
February 27, 1819,' as " at least as ejctensive" as that to wbicb tbe United
States was entitled under tbe principles and provisions of tbe treaty
of 1817. Tbese cessions were made, as recited in tbe preamble to tbe
treaty, as the commencement of those measures necessary to tbe civil-
ization and preservation of tbeir nation, and in order that tbe treaty
of July 8, 1817, might, without further delay or tbe trouble or expense
of taking tbe census therein provided for, be finally adjusted. It was
also agreed that tbe distribution of annuities should be made in tbe
proportion of two to one in favor of tbe Eastern Cherokees (it being-
assumed that about one-third of the nation had gone west), with tbe
proviso that if tbe Arkansas Cherokees should ofi'er formal objection
to this ratio within one year after tbe ratification of tbe treaty, then a
census, solely for tbe purpose of making a fair distribution of the an-
nuity, should be taken at such time and in such manner as the Presi-
dent of tbe United States should designate. All leases of any portion
of the territory reserved to tbe Cherokees were declared void, and tbe
removal of all intruders upon tbeir lands was promised, to which latter
end an order was issued requiring such removal to take place on or
before July 1, 1819.
Thus was concluded the treaty of February 27, 1819, which was
promptly and favorably acted upon by the Senate and ratified and pro-
claimed by tbe President on tbe 10th of March following. Tbe gist of
such provisions of importance as are not detailed in these historical notes
will be found by reference to the abstract preceding them.
Immediately upon tbe approval of tbe treaty by tbe Senate, tbe Sec-
retary of War notified Governor McMinn- of tbe fact, directing him to
give no further encouragement to emigration to tbe Arkansas, but to
proceed at once to wind up the business under tbe treaty of 1817.
Surrey of boundaries. — Preparations were at once made for surveying
and marking the lines of the cessions. Hon. Wilson Lumpkin, who was
engaged in running tbe line between East Florida and tbe State of Geor-
gia, was directed^ to suspend that work, and designated to survey the
line of cession, commencing at the point where the Unicoi Turnpike
crossed tbe Blue Eidge, and thence to tbe nearest main source of the
Chestatee, and also to lay oft' tbe individual reservations that should be
selected within tbe State of Georgia.
Tbe following day^ Robert Houston was appointed to run tbe line of
the cession within tbe State of Tennessee, commencing on tbe High-
wassee River about 2 miles above Higbwassee Old Town, as well .as to
surv^ey tbe individual reservations within that State, and also the tracts
reserved in North Carolina and Alabama Territory.
Mr, Houston performed his services as a surveyor to the satisfaction
• United States Statutes at Large, Vol. VII, p. 195.
= March 6, 1819.
^ March 11, 1819.
'March 12, 1819.
228 CHEROKEE NATION OF INDIANS.
of all parties;' but in ruuiiing the Hue fioui the Unicoi Turnpike cross-
ing of the Blue Eidge to the nearest main source of the Chestatee, a dis-
pute arose between Mr. Lumpkin and the Cherokees as to vrhich was
the nearest main source of that river, the Frogtown or the Tesseutee
Fork. The surveyor ran the line to the source of the tirst named fork,
while the Indians insisted that the latter was the proper stream, and
demanded a reexamination of the survey. Agent Meigs having, how-
ever, reported^ in favor of the correctness of the survey, it was allowed
to stand.'
STATL'S OF CEUTAIX CIIEROKKES.
Early in the year 1820^ complaints began to arise as to the status of
those Cherokees who had made their election to remove to the Arkansas
country but had subsequently concluded to remain east. These, it was
stated, numbered 817, and they found themselves placed in rather an
anomalous situation. Their proportion of the Cherokee national do-
main had been ceded to the United States by the treaties of 1817 and
1819 Their share of annuities was being paid, underthetrcaty of 1810,
to the Cherokees of the Arkansas. Their right to iudi\idual reserva-
tions under either treaty was denied, and they were not even allowed
to vote, hold ofBce, or participate in any of the affairs of the nation.
In this condition they soon became an element of much irritation in
the bodj' politic of the tribe. Tlie Cherokee authorities urged that they
should be furnished with rations and transportation to their brethren
in the West, whither they were now willing to remove, but the Secre-
tary of War instructed Agent IMeigs'' that emigration to the Arkansas
under the patronage of the Government had ceased, and that those
Cherokees who had enrolled themselves for removal but had not yet
gone, as well as all others thereafter determining to go, must do so at
their own expense.
' Mr. Houston began his survey at the point -where the first hill closes in on Hivras-
see Kiver, which he founil to be 2| miles above Hiwassee Old Town. He also states in
his report that he found no ridge dividing the waters of Hiwassee from those of Lit-
tle River. This line from the Hiwassee River to the Tennessee River at Talassee was
46 miles and 300 poles in length. It was begun May 28 and completed June 12, 1819.
The line from the junction of Cowee and Nauteyalee Rivers to the Blue Ridge was be-
gun June 12 and completed June 18, 1819, and was 36 miles long. His report, with
accompanying map, was communicated to the Secretary of War with letter dated July
:!0, 1819. A copy of the Held notes may be fonud in American Slate Papers, Indian
Affairs, Yo". II, pp. 192 and 193.
-•July 24, 1820.
^ Secretary of War to Ageut Meigs. August 14, 1820.
■• February 9. See letter of Refuru J. Meigs to Secretary of War.
;> June 1.% 1820.
HoviE.] TREATY OF MAY tl, 18-28. 229
TREATY CONCLUDED MAY 6, 1828.— PROCLAIMED MAY 28, 1S2S.1
Held tit V,'ashuiiito)i City, D. C, httireen Ja7nes Barbour, Secretary of
War, specially authorized therefor by the President of the United States,
and the chiefs and headmen of the Cherohee Kation west of the Missis-
sippi.
MATERIAL PROVISIONS.
The preamble recites the desire of the United States to secure to the
Cherokees, both east and west of the Mississippi, a permanent home,
"that sliall never in all future time be embarrassed by having extended
around it the lines or placed over it the jurisdiction of a Territory or
State, nor be pressed upon by the extension in any way of any of the
limits of anj' existing Territory or State.''
It also assumes that their actual surroundings, both east and west of
such river, were unadapted to the accomplishment of such a purpose,
and therefore the following articles of agreement wei'e made:
1. The western boundary of Arkansas shall be * * * viz: Aline
shall be run commencing on Ked Eiver at the point where the Eastern
Choctaw line strikes said river, and run due north with said line to the
river Arkansas; thence in a direct line to the southwest corner of Mis-
souri.
2. The United States agree to possess the Cherokees, and to guaran-
tee it to them forever, * * * of seven million of acres of land, to be
Ijounded as follows, viz: Commencing at that point on Arkansas Eiver
where the eastern Choctaw boundary lines strikes said river, and run-
ning thence with the western line of Arkansas, as defined in the fore-
going article, to the southwest corner of Missouri, and thence with the
western boundary line of Missouri till it crosses the waters of Xeasho,
generally called Grand Eiver; thence due west to a point from which a
due-south course will strike the present northwest corner of Arkansas
Territory; thence continuing due south on and with the present western
boundary line of the Territory to the main branch of Arkansas Eiver;
thence down said river to its junction with the Canadian Eiver, and
thence up and between the said rivers Arkansas and Canadian to a
l)oiut at which a line running north and south from river to river will
give the aforesaid seven million of acres.
In addition to the seven millions of acres thus provided for and
bounded, the United States guarantee to the Cherokee jS'ation'a per-
l)etual outlet west, and a free and unmolested use of all the country
lying west of the western boundary of the above described limits and
as far west as the sovereignty of the United States and their right of
soil extend.
3. The United States agree to survey the lines of the above cession
'United States Statutes at Large, Vol. VII, p. 311.
230 CHEROKEE NATION OF INDIANS
without delay, ami to remove all white settlers and other objectionable
people living to the west of the east boundary of the Cherokee tract.
4. The United States agree to appraise and pay the value of all Chero-
kee improvements abandoned by the latter in their removal ; also to
sell the property and improvements connected with the agency, for the
erection of a grist and saw mill in their new home. .
5. The United States agree to pay the Cherokees $50,000 as the dif-
ference iu value between their old and their new lands; also an auiui-
ity for three years of $L*,000 to repay cost and trouble of going after
and recovering straj' stock; also $8,760 iu full for spoliations com-
mitted ou them by the Osages or citizens of the United States; also
$1,200 for losses sustained by Thomas Graves, a Cherokee chief; also
$500 to George Guess, the discoverer of the Cherokee alphabet, as well
as the right to occupy a saline ; also an aniuiity of -^2,000 for ten years
to be expended in the education of Cherokee children; also $1,000 for
tlie purchase of printing press and type; also, the benevolent society
engaged in instructing Cherokee children to he allowed the amount ex-
pended by it in erection of buildings and improvements ; also, the United
States to release the indebtedness of the Cherokees to the United States
factory to an amount not exceeding $3,500.
G. The United States agree to furnish the Cherokees, when they de-
sire it, a system of plain laws and to survey their lands for individual
allotment.
7. The Cherokees agree within fourteen months to leave the lands iu
Arkansas assigned them by treaties of January 8, 1817, and February
27, 1819.
8. Each head of a Cherokee family east of the Mississippi desiring to
remove to the country described in the second article hereof to be fur-
nished by the United States with a good rifle, a blanket, a kettle, Ave
]iounds of tobacco, and compensated for all improvements he may
abandon; also a blanket to each member of his family. The United
States to pay expenses of removal and to furnish subsistence for one
year thereafter. Each head of family taking with him four persons to
receive $50.
0. The United States to have a reservation 2 by 6 miles at Fort Gib-
son, with the right to construct a road leading to and from the same.
10. Capt. James Rogers to have $500 for property lost and services
rendered to the United States.
11. Treaty to be binding when ratified.
Note. — The Senate consented to the ratification of this treaty with
the proviso that the "western outlet" should not extend north of 30°,
nor to interfere with lands assigned or to be assigned to the Creeks;
neither should anything in the treaty be construed to assign to the
Cherokees any lauds previously assigned to any other tribe.
BOTCE.] TREATY OF MAY 6, 1828. 231
HISTORICAL DATA.
RETURN J. MEIGS AND THE CHEROKEES.
Eeturn J. Meigs had for nearly twenty years 'occupied the position of
United States agent for the Cherokee Nation. As a soldier of the Eevo-
lutionarj' war he had marched with Arnold through the forests of
Maine and Canada to the attack on Quebec in 1775.-
He had also, by his faithful, intelligent, and honest administration of
the duties of his ofiQce as Indian agent, secured the jierfect confidence of
his official superiors through all the mutations of administration. He
bad acquired a knowledge of and familiarity with the habits, character,
and wants of the Cherokees such as was perhaps possessed by few, if
indeed by any other man.
Any suggestions, therefore, that he might make conceruing the solu-
tion of the Cherokee problem were deserving of grave consideration.
His views were submitted in detail upon the condition, prospects, and
requirements of the Cherokee Nation iu a communication to the Secre-
tary of War.^ To his mind the time had arrived when a radical change
in the policy of managing their affairs had become essential. Ever
since the treaty of 1791 the United States, in pursuance of a policy
therein outlined for leading the Cherokees toward the attainment of a
higher degree of civilization, in becoming herdsmen and cultivators in-
stead of hunters, had been furnishing each year a supply of implements
for husbandry and domestic use. In consequence a respectable pr.)i)or-
tiou of that nation had become familiarized with the use of the plow,
spade, and hoe. Many of their women had learned the art of spinning
' Meij;s was aiipointed, May 15, 1801, superintendent of Inilian affairs for the Cher-
okee Nation anil agent for the AVar Department in the State of Tennessee.
-Letter of Meigs to General Wilkinson, dated Marietta, Ohio, February 10, 1801.
This letter is in reply to one received from General Wilkinson, in which the latter,
among other things, inquires if he can in any way serve the former. Meigs replies:
" I will answer these kind inquiries truly. In the first place, I eujoy excellent health ;
iu the next place, I am doing what I can at farming business, endeavoring to main-
tain a credible existence by industry. I have been for more than two yea.rs one of the
Territorial legislators; this, though credible, is not protitable. My principal depend-
ence for living is on the labor of my own hands. 1 am confident, sir, you can serve me,
as you are conversant with every department of the Government and may know
what places can be had and whether I am capable of being nsefuUj- employed. I don't
care what it is, whether civil or military or where situated, provided it be an object
which you shall think projier for me. I don't know Mr. Jeti'erson ; have always
revered his character as a great and good man. I am personally acquainted with
Colonel Burr. He ascended the river Kennebcck as a volunteer in the year 177.5 and
was with me iu the Mess a great jjart of that march to Canada. I think I have his
friendship, but he is not yet, perhaps, in a situation to assist me." Colonel Meigs was
also a member of the court-martial convened for the trial of General Arthur St. Clair
for the evacuation of Ticonderoga. Ho died at his post of duty in February, 18'23, as
shown by a letter to the Secretary of W^ar from ex-Governor McMinn, dated the 22d
of that month.
^'May 30, 18-20.
232 CHEROKEE NATION OF INDIANS.
ami weaving, and in individual instances considerable progress bad been
made iu tbe accumulation of ])roperty. Agent Meigs now tbougbt tbat
tbe point bad been reacbed wbere tbe Cberokee people sbould begin to
tigbt tbeir own battles of life, and tbat any furtber contributions to tbeir
support, eitber iu tbe sbape of provisions or tools, would bave only a
tendency to render tbeni more dependent upon tbe Government and
less competent to take care of tbemselves. Tbose wbo were already
advanced in the arts of civilized life sbould be tbe tutors of tbe more
ignorant. They possessed a territory of perbaps 10,000,000 acres of
laud, principally in tbe States of Georgia, IS^ortb Carolina, and Tennes-
see, for tbe occupation of which they could enumerate little more than
] 0,000 souls or 2,000 families. If they were to become an agricultural
and pastoi-al people, an assigumeut of C40 acres of land to each family
would be all and more than they could occupy with ad\ antage to them-
selves. Such an allotment would consume but 1,280,000 acres, leaving
more than 8,000,000 acres of surplus land which might and ought to be
sold for their benefit, and the proceeds (which he estimated at $300,000,
to be paid in fifty annual installments) applied to their needs iu the
erection of bouses, fences, and the clearing and breakiug up of their
land for cultivation. Tbe authority and laws of tbe several States within
whose limits they resided sbould become operative upon them, and they
sbould be vested with tbe rights, privileges, aud immunities of citizens of
those States. These views met with tbe concurrence of tbe administra-
tion, aud would i)ossibly have been carried into effect but for tbe intense
hostility thereto of not only the unprogressive element among the Cher-
okees themselves but of tbe officials aud iieojile of tbe States most in-
terested, who could not view with complacency the permanent occupa-
tion of a single acre of land within their limits by the aboriginal owners.
TENNESSEE DENIES TUE VALIDITY (IE CHEROKEE KESEHVATIONS.
About this time trouble arose between the authorities of the State of
Tennessee aud the surveyor (Robert Houston) who bad been intrusted
with the duty of laying off such individual reservations as should be
taken under the provisions of the treaties of 1817 and 1819. Mr.
Houston reported to the Secretary of War tbat the legislature of Ten-
nessee had refused to confirm all such reservations taken in virtue of
the provisions of those treaties subsequent to tbe 1st of July, 1818, or,
in other words, after the time provided for taking the Cherokee census
had expired, aud desired the opinion aud instructions of tbe Department
thereon. Tbe question involved iu this disi^ute was deemed of suffi-
cient importance to secure au official opinion from tbe Attorney Gen-
eral Y>nor to directing any further actiou.' Au opinion was rendered*
by Attorney-General Wirt, the substance of which was tbat the right
of taking these reservations having been iu the first instance given by
' Lelter of Secretary of War to Attorney-General, July, 26, 1820.
-August 12, 1820.
KOTCE.] TREATY OF MAY 6, 1838. 233
the treaty of 1817 until the census should be taken, and the time for
taking the census having beeu, by the acquiescence of both xjarties to
the treaty, ke])t open until the conclusion of the treaty of February 27,
1819, all the reservations taken prior to this latter date were legal,
more especially as they had been ratified by the recognition of them
contained in the treat}' of 1819. Furthermore, the second article of that
treaty, taken in connectiou witli the seventh article, continued the
period for taking reservations until the 1st of January, 1820. Mr. Hous-
ton was instructed 1 to proceed to lay off' the reservations in consonauce
with this opinion, notwithstanding which the authorities of Tennessee
took issue therewith and passed a law providing for the sale of the
disputed reserves, whereupon the War Department instructed ^ Agent
Meigs to cause one or two test cases to be prepared for trial in the
courts.
While on the subject of these reservations it is pertinent to remark
that by act of March 3, 1823, Congress appropriated $50,000 to be ex-
pended in extinguishing the Indian title to such individual fee simple
reservations as were made within the limits of Georgia by the Chero-
kee treaties of 1817 and 1819 and by the Creek treaties of 1814 and
1821. James Merriwether and Duncan G. Campbell were appointed as
commissioners to carry the same into effect. Twenty-two thousand dol-
lars were also "appropriated May 9, 1828, to reimburse the State of North
Carolina for the amount expended bj^ her authorities in extinguishing
Cherokee reservation titles in that State under the treaties of 1817 and
1819.
r.NlTEli STATES AGREK To KXTIXGU ISH INDIAN' TITLE IN' GEORGIA.
By an agreement between the United States and the State of Geor-
gia bearing date April 24, 1802,^ Georgia ceded to the United States
all the lands lying south of Tennessee and west of Chattahoochee River
and a line drawn from the mouth of Uchee Ci'eek direct to Nickojack,
on the Tennessee Eiver. In consideration of this cession the United
States agreed to pay Georgia $1,250,000, and to extinguish the Indian
title whenever the same could be done on peaceable and reasonable
terms; also to assume the burden of what were known as the Yazoo
claims.
Georgia charges the United Stnte-s with hnd faith.- — Ever since the date
of this agreement the utmost impatience had been manifested by the
Goverument and the peo^jle of the State of Georgia at the deliberate and
careful course which had characterized the action of the General Gov-
ernmeut in securing relinquishment of their lands in that State from
the Creeks and Cherokees. Charges of bad faith on the part of the
United States, coupled with threats of taking the matter into their own
' August 14, 1820.
'March 7, 18-il.
'■* American State Papers, Public Lauds, Vol. 1, p. 1^5.
23 4 CHEROKEE NATION OF INDIANS.
hands, bad been published iu great profusion by the Georgians. TheiSe
served only to enhance the difficulties of the situation and to excite a
stubborn resistance in the minds of the Indians against any further
cessions of territory.
Keport of Congressional committee. — The subject was brought to the
attention of Congress through the action of the governor and legislature
of Georgia. A select committee was appointed by the House of Eep-
resentatives, at the first session of the Seventeenth Congress, to take the
matter into consideration and to report whether the said articles of
agreement between that State and the United States had so far been
executed according to the terms thereof, and what were the best means
of completing the execution of the same. This committee submitted a
report to the House,' wherein, after reciting the terms of the agreement,
allusion is made to the Creek treaty of 1814, and the opinion expressed
that the agreement might have been more satisfactorily complied with
by demanding the cession at that treaty of the Creek lands within
Georgia's limits, ir.stcad of accepting iu large measure those within the
Territory of Alabama. The Indians were by this action forced, in the
opinion of the committee, within the limits of Georgia, instead of being
withdrawn therefrom.
Eespecting the Cherokee treaty of July 8, 1817, the committee say
that sometime jirevious to its conclusion the Cherokees had represented
to the President that their upper and lower towns wished to separate;
that the Upper Cherokees desired to be couliued to a smaller section of
country and to engage in the pursuits of agriculture and civilized life;
that the Lower Cherokees preferred continuing the hunter's life, and,
owing to the scarcity of game in their own country, proposed to ex-
change it for land on the west of the Mississippi Eiver ; that to carry
into efiect these wishes of the Indians the treaty of 1817 was held, and
the United States then Lad it iu their power to have so far complied
with their contract with Georgia as to have extinguished the title of
the Cherokees to most of their lands within the limits of that State;
that this could readily have been done, for the reason that the Up-
jier Cherokees resided beyond the boundaries of Georgia, and had ex-
pressed a desire to retain lands on the Hiwassee Eiver, iu Tennessee,
whilst the Lower Cherokees, who were desirous of emigrating west,
mostly resided in the former State. But, in spite of this oi)portuuity,
the Ubited States had purchased an inconsiderable tract of country in
Georgia and a very considerable one in Tennessee, apparently iu op-
position to the wishes of the Indians, the interests of Georgia, and of
good faith iu themselves. By this treatj- the United States had also
granted a reservation of 640 acres to each head of an Indian family
who should elect to remain on the eastern side of the Mississippi. This
the committee viewed as an attempt on the part of the United States
to grant lauds iu fee simple within the limits of Georgia in direct
'January 7, 1822.
novcE] TREATY OF MAY 6, 1828. 235
violation of the rights of that State. The provision permitting Chero-
kees to become citizens of the Cnited States was also characterized as
an unwarrantable disregard of the rights of Congress. It was further
asserted that by the treaty of 1819 the United States had shown a dis-
position and determination to permanently fix the Cherokee Indians
upon the soil of Georgia, and thereby render it impossible to comply
with their contract with that State. Yet another feature of this treaty
too oltjectionable to be overlooked was the agreement of the United
States that V2 miles square of land ceded by the Indians should be dis-
posed of and the proceeds invested for the establishment of a school
liiud for those Indians. In conclusion the committee suggested that in
order to a proper execution of the agreement with Georgia it would be
necessary for the United States to relinquish the policy they had ap-
l)arently adopted with regard to civilizing the Indians and keeping
tbem 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 Eepresentatives, the executive authorities determined to make
another effort to secure a further cession of territory from the Cherokees.
Accordingly the President appointed' 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 shoidd 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 ]\Ierri-
wether were appointed^ 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
Genei-al 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 Flojd re-
signed,^ and the President determined to allow the remaining two
members to constitute the full commission. Their appointment was
submitted to and approved^ by the Senate, and in the transmission
of their new commissions by the Secretary of War i)erseverance 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 desig-
nated for the fourth time.
I June 15, isaa.
' August 24, 1822.
"November 19, 1822.
< Marcb 17, 1823.
236 CHEROKEE NATION OF INDIANS.
Death of Agent Meigs. — About this time' Agent Meigs, who since iSOl
bad represeuted the Governmeut with the Cherokees, died, aud exGov-
eriior JIcMiim, of Tennessee, was appointed^ 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, 182.'?.^ They were also accompanied by Johnson
Wellborn and James Blair, who had been appointed by the gover)ior
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 " vol-
untary, 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 Itiver, thence along the ridge to the mouth of
Long Swamp Creek, thence down the Etowah Eiver to the line to be
run between Alabama aud Georgia, thence with that line to the divid-
ing line between the Creeks aud Cherokees, and thence with the latter
line to the Chattahoochee. lu cousider.itiou 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 depre-
dation claims, as well as the further sum of $10,000 to be paid imme-
diately upon the signing of the treaty.
To this proposition, in spite of the threatening language used by the
commissioners, the Indians invariably aud repeatedly returned the an-
swer, " We beg leave to present this communication as a positive aud
unchangeable refusal to dispose of one foot more of land."^
The commissioners, seeing the futility of further negotiations, ad-
journecj sine die,^ and a report of their iiroceedings was made by Com-
missioner Campbell thirty days later, Major Merriwether having in the
mean time resigned.
Chcrol-ees asT; 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 relin-
quishment of territory. To this pointed inquiry the delegation re-
turned a respectful and earnest memorial, •=' urging that their nation
' February, 1823.
"- Uaich 17, 1823.
"Report of commissioners on file in Office Indian Aftairs.
■•See correspondence between commissioners aud Cheroliee council. American State
Papers, Indian Affairs, Vol. II, pj). 4(i5-473.
^ October 28, 1823.
'January 10, 1824. This memorial is signed by John Rosa, George Lowrey, Major
Ridge, aud Elijah Hicks, as the Cherokee delegation.
EOTcEl TREATY OF MAY fi, 18-28. "J37
labored under a peculiar iucoiiveuience from the repeated appropriations
made by Congress for the purpose of holding treaties with them hav-
ing 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
lauds, the limits preserved to them by the treaty of 1S19 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, releas-
ing 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 response ' of the Secretary of War to this memorial was a reitera-
tion 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 com-
pact. The manifest benefits and many happy results that would inure
to the Cherokee Nation from an exchange of their country for one be-
yond the limits of any State and far removed from the annoying en-
croachments 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. See-
ing the futility of further negotiations, the Secretary of War addressed^
a communication to the governor of Georgia advising him of the earnest
efforts that had been made to secure further concessions from the Cher-
okees and of the discouraging results, and inviting an expression of
opinion from him upon the subject.
(roi'ernor Troup's threatening demands. — Governor Troup lost no time
in responding to this invitation by submitting ' 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 compen-
sated for its lack of logical force. After censuring the General Govern-
ment 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
■ January TO, 1824.
i: February 17, 1824.
^ Febniar'v 28, 1824.
238 CHEROKEE NATION OF INDIANS.
■which is iiiijustly withhehl froDi them, or, iu resisting tlie, occupation,
to make war upon and slied the blood of brothers and friends. He fur-
ther 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, fur-
ther that the suggestion of the incorporation of the Indians into the
body politic of that State as citizens was neither desirable nor practica-
ble. The conclusion of this remarkable state paper is characterized by
a broadly implied threat that Georgia's fealty to the Union would be
proportioned to the vigor and alertness with which measures were
adopted and carried into effect by the United States for the extinguish-
ment of the Cherokee title.
Response of President Monroe. — These criticisms by the executive of
Georgia, which were sanctioned and in large measure reiterated by the
legislature and by the Congressional delegation of that State,^ called
forth'* from President Monroe a message to Congress upon the subject
in defense of the course that had been pursued by the executive authorities
of the United States. Accompanying this message was a report from
John C. Calhoun, Secretary of War, wherein it is alleged that at the
date of the compact of 1802 between the United States and Georgia
the two Indian nations living within the limits of that State (the Creeks
and the Cherokees) were respectively in possession of 19,578,890 and
7,152,110 acres of territory. At the date of such compact, treaties existed
between the United States and those tribes defining the limits of their
territories. In fulflllment of the stipulation with Georgia, seven treaties
had been held with them, five of which were with the Creeks and two with
the Cherokees. The lauds thus acquired from the former in Georgia
amounted to 14:,449,4:80 acres and from the latter to 995,310 acres. In
acquiring these cessions for the State of Georgia the United States had
expended S958,9-15.90, to which should be added the value of the 995,310
acres given by the Cherokees in exchange for lands west of the Mis-
sissippi, the estimated value of which, at the minimum price of public
lands, would amount to $1,244,137.50. The United States had also (iu
addition to $1,250,000 paid to Georgia as apart of the original consider-
ation) paid to the Yazoo claimants, under the same comi^act, $4,282,-
151.12, making in the aggregate $7,735,243.52, which sum did not in-
clude any portion of the expense of the Creek war, whereby upwards of
7,000,000 acres were acquired for the State of Georgia.''
' Letter of Georgia delegation to Congress, March 10, 1824. Memorial of Georgia
legislature to Cougress, December 18, 1823.
2 March 30, 1824.
'March 29, 1824.
■•This Creek war was iu large measure, if not wholly, superinduced by the unlaw-
ful and unjust aggressions by citizens of that State upon the rights and territory of
the Creeks. Foreign emissaries, however, it is true, encouraged and inflamed the just
indignatioM of the Creeks against the Georgians to the point of armed resistance.
ROYCE,] TREATY OF MAY 6, 182«. 239
The Presideut expressed it as his opiuioii tliat the Indian title was
not in the slightest degree affected by the compact with Georgia, and
that there was no obligation resting on the United States to remove the
Indians by force, in the face of the stipnlation tliat it shonld be done
pmceahhj and on reasonable conditions. The compact gave a claim to
the State which onght to be executed in all its conditions with good
faith. In doing this, however, it was the duty of the United States to
regard its strict import, and to make no sacrifice of their interest not
called for by the compact, nor to commit any breach of right or hu-
manity toward the Indians repugnant to the Judgment and revolting to
the feelings of the whole American people. The Cherokee agent, Ex-
Governor McMinUjWas shortlj' afterward ordered,' " without delay and
in the most effectual manner, forthwith to expel white intruders from
Cherokee lands."
Alarm of the Cherol^ees and indignation of Georgia. — The views ex-
inessed by the governor and legislature of Georgia upon this subject
were the cause of much alarm among the Cherokees, who, through their
delegation, appealed- to the magnanimity of the American Congress for
justice and for the protection of the rights, liberties, and lives of the
Cherokee people. On the other hand, the doctrines enunciated in I'resi
dent Monroe's special message, quoted abo^■e, again aroused the indig-
nation of the governor of Georgia, who, in a communication' to the Presi-
dent, commented with much severity upon the bad faith that for twenty
years had characterized the conduct of the executive officers of the
United States in their treatment of the matter in dispute.
Mesmge of Prcnident John Quincy Adams. — Every day but added ac-
rimonious intensity to the feelings of the officials and people of Georgia.
Their determination to at once possess both the Creek and the Chero-
kee territory within her chartered limits would admit of no delay or com-
promise. Following the Creek treaty of 1820, her surveyors were
promptly and forcibly introduced into the ceded country, in spite of an
express provision of the treaty forbidding such action prior to the 1st
of January, 1827. So critical was the state of affairs considered to be
that President John (Quincy Adams invited the attention of Congress
to tlie subject in a special message.** Therein the President declared
that it ought not to be disguised that the act of the legislature of Geor-
gia, under the construction given to it by tlie governor of that State,
and the surveys made or attempted by his authority beyond the bound
ary secured by the treaty of 1826 to the Creek Indians, were in direct
violation of the supreme law of the land, set forth in a treaty which had
received all the sanctions provided by the Constitution ; that hapjiily
distributed as the sovereign powers of the people of this Union had
been between their general and State governments, their history had
alreiuly too often presented collisions between these divided author-
1 May 3, 1824. ^ April 24, 1824.
5 April IG, 1824. ■" February ^, 1827.
240 CHEROKEE NATION OF INDIANS.
ities with regard to the extent of their respective powers. Xo other
case had, however, happened in which the application of military
force by the Government of the Union had been snggested for the en-
forcement of a law the violation of which had within any single State
been jjrescribed by a legislative act of that State. In the i)resent in-
stance it was his duty to say that if the legislative and executive au-
thorities of the State of Georgia should persevere in acts of encroach-
ment upon the territories secured l>y a solemn treaty to the Indians
and the laws of the Union remained unaltered, a superadded obligation,
even higher than that of human authority, would compel the Executive
of the United States to enforce the laws and fulfill the duties of the na-
tion by all the force cominitted for that purpose to his charge.
CIIKKOKEK rROGUESS IX (IVII.IZATIDN.
Notwithstanding the many difiicnlties that had beset their paths and
the condition of uncertainty and suspense which had surrounded their
aifairs for years, the Cherokees seem to have continued steadily in their
progress toward civilization.
The liev. David Brown, who in the fall of 1825 made an extended
tour of observation through their nation, submitted, in December' of
that year, for the information of the War Department, an extended and
detailed report of his examination, from which it appeared that number-
less herds of cattle grazed upon their extensive plains; horses were
numerous; many and extensive flocks of sheep, goats, and swine cov-
ered the hills and valleys ; the climate was delicious and healthy and
the wintei's were mild: the soil of the valleys and plains was rich, and_
was utilized in the production of corn, tobacco, cotton, wheat, oats, in-
digo, and potatoes ; considerable trade was carried on with the neighbor-
ing States, much cotton being exported in boats of their own to Kew Or-
leans ; apple and peach orchards were quite common ; much attention
was paid to the cultivation of gardens; butter and cheese of their own
manufacture were seen upon many of their tables ; public roads were
numerous in the nation and supplied at convenient distances with
houses of entertainment kept by the natives; many and flourish-
ing villages dotted the country; cotton and woolen cloths were manu-
factured by the women and home-made blankets were very common;
almost every family grew sufiicient cotton for its own consumption;
industry and commercial enterprise were extending themselves through-
out the nation ; nearly all the merchants were native Cherokees ; the
population was rapidly increasing, a census just taken showing 13,563
native citizens, 147 white men and 73 white women who had inter-
married with the Cherokees, and 1,277 slaves ; schools were increasing
every year, and indolence was strongly discountenanced ; the nation had
no debt, and the revenue was in a flourishing condition; a printing press
was soon to be established, and a national library and museum were in
contemplation.
' Letter of Rev. David Brown to Thomas L. McKecuey, Decem1)er 13, 1825.
KOTCE.) TREATY OF MAY 6, 1828. 241
FAILURE OF NEGOTIATIONS Foil FURTHER CESSION OF LANDS.
On tLe 2(1 of March, 1827,' Congress passed aa act authorizing the
President to open negotiations wit h the Cherokees for the extinguishment
of their title to such lands as \vere claimed by them within the limits of
the State of Xorth Carolina, and also for such quantity of land as should
be necessary in the building of a canal to connect the Hiwassee and
Canasauga Elvers.
Ten thousand dollars were appropriated to defray the expenses of
such negotiations, and Generals John Cocke, G. L. Davidson, and Alex-
ander Grey were^ appointed commissioners to conduct the same. Their
negotiations were barren of results, as were also those of Maj. F. "W.
Armstrong, who in the following year' was dispatched on a similar
mission.
THE CHEROKEE NATION ADOPTS A CONSTITUTION.
At a general convention of delegates, "duly authorized for that pur-
pose," held at New Echota, in the Cherokee Nation, July 26, 1827, a
constitution was adopted for the nation, predicated upon their assumed
sovereignty and indeiiendence as one of the distinct nations of the
earth. Such an instrument could not fail of exciting to the highest pitch
the feelings and animosity of the authorities and people of Georgia.
Geor<jHCs opinion of the Indian title. — Governor Forsyth inclosed* a
copy of the "presumptuous" document to the President, at the same
time desiring to know what the United States proposed to do about the
"erection of a separate government within the limits of a sovereign
State."
Ho also inclosed the report of a committee and the resolutions of the
legislature of Georgia predicated thereon as exhibiting the sentiments
of that body on the subject. This committee, in reporting to the legis-
lature the results of their investigations, assert that anterior to the Eev-
olutiouary war the Cherokee lands in Georgia belonged to Great Brit-
ain, and that the right as to both domain and empire was complete and
perfect in that nation. The possession by the Indians was permissive.
They were under the protection of Great Britain. Their title was tem-
porary, being mere tenants at will, and such tenancy might have been de-
termined at any moment either by force or by negotiation, at the pleasure
of that power. Upon the close of the Revolution, Georgia assumed all
the rights and powers in relation to the lands and Indians in question
previously belonging to Great Britain, and had not since divested her-
self of any right or power in relation to such lands, further than she had
in respect of all the balance of her territory. She was now at full lib-
erty and had the power and the right to possess herself,by any means she
might choose, of the lands in dispute, and to extend over them her au-
' Uuiteil States Statutes at Large, Vol. IV .217. 'June 4,1828.
Olarch 13, 1627. ■• January 26, 1828.
5 ETH 16
242 CHEROKEE NATION OF INDIANS.
thority aud laws. Although possessing this right, she was averse to
exercising it until all other means of redress had failed. She now made
one other and last appeal to the General Government to open negotia-
tions with the Cherokees on this subject. If no such negotiation should
be opened, or if, being opened, it should result unsuccessfully, it was rec-
ommended to the next legislature of-Georgia to take immediate posses-
sion of the disputed territory and to extend her jurisdiction aud laws
over the same. In a spirit of liberality, however, it was suggested that,
in any treaty the United States might make with the Cherokees, Geor-
gia would agree to allow reserves to be made to individual Indians not
exceeding in the aggregate one-sixth part of the entire territory in dis-
pute. . Should the Indians still refuse to negotiate, they were solemnly
warned of the unfortunate consequences likely to follow, as the lauds
belonged to Georgia, and that she must and tcould have them.
A resolution of the House of Representatives of the United States, in
the month of March following, calling upon the President for informa-
tion upon the subject, brought forth' copies of all the correspondence
relative to the matter, and the distinct avowal that the records of the
United States failed to show anj^ act of executive recognition of the
new form of Cherokee government, but that, on the contrary, their
status toward the United States was regarded as not in the slightest
degree changed.
CHEROKEE AFFAIRS WEST OF THE MISSISSIPPI.
Whilst all these events having a bearing upon the condition and
prospective welfare of that portion of the Cherokee people who had
remained in their old homes east of the Mississippi Eiver were happen-
ing, those who had taken up their abode in the Arkansas country were
likewise having their troubles.
Difficulties with the Osages. — Their disagreements with the Osages,
which had, with slight intermission, existed for years, broke out afresh
when in February, 1S20, a party of Osages robbed and killed three
Cherokees. The latter determined upon the prosecution of a general
war agaiust the aggressors, and were only persuaded to pause at the
earnest solicitation'^ of Governor Miller, of Arkansas Territory, until he
could visit the villages of the Csages and demand the surrender of the
murderers. In company with four of the Cherokee chiefs, he proceeded
to the principal Osage village, where they were kindly received by the
Osages, who repudiated the action of the murderers aud agreed con-
ditionally to surrender them. They, however, produced the treaty con-
cluded in 1818, under the superintendence of Governor Clark, between
themselves and the Cherokees, Shawnees, and Delawares, -wherein it
was agreed that a permanent peace should thenceforth exist between
them, and that the Cherokees were to meet them at Fort Smith the
1 Marcli 20, 1828. - April 20, 1820.
ROYCEL] TREATY OF MAY (1, 1828. 243
following spring and surrender all Osage prisoners, which the former
had neglected to do and still retained a number of Osage captives.
The Cherokee chiefs admitted that this was true, whereupon Governor
Miller advised them that before the Osage murderers could be surren-
dered, the Cherokees must comply with their agreement by surrendering
all prisoners in their hands. An arrangement was made to meet at Fort
Smith in October following and effect the exchange,' which was done.
Notwithstanding this adjustment, the feeling of hostility between the
two tribes remained. Active warfiire broke out again in the summer
of 1821," and was not suppressed by the most strenuous efforts of the
United States authorities until the fall of the following year.^
Boundaries and area. — Governor Miller reported, in connection with
this subject, that the Arkansas Cherokees were very restless and dis-
satisfied. They complained much in that, as they said, no ijart of the
treaty of 1819 had been complied with by the United States and in that
they had received no annuity money since their removal to the west of
the Mississippi Eiver. Furthermore, their boundaries had not been es-
tablished, and they still awaited the fulflllmeutof the promise 7uade them
for an extension of their line to the west as far as the Osage line. To
this latter scheme the Osages were much opposed, preferring rather to
have the country occupied by whites. The adjustment of this boundary
question would seem to have been very desirable, inasmuch as nearly
one-half of the Cherokees had taken up their abode south of the Arkan-
sas Kiver,^ which was clearly outside of their proper limits. It formed
the subject of much correspondence and complaint throughout several
years, and was the occasion of a number of visits of representative dele-
gations from the Arkansas Cherokees to "Washington. The eastern
boundary had, as already stated, been run by General Eector in 1818-'19,
but the difficulty in fixing the western line arose from the fact that the
quantity of land to which the Cherokees were entitled was to be meas-
ured by the area already ceded by them to the United States by the
treaties of 1817 and 1819. The ascertainment of this latter quantity
with exactness could not be made in advance of the completion of the
surveys thereof by the States of North Carolina, Tennessee, and Geor-
gia. From such reports and estimates as the United States were able
to secure from the several State authorities, it was estimated, early in
1823,^ that the quantity to which the Cherokees were entitled was about
3,285,710 acres, and they were informed that measures would at once
be taken to have the western boundarj- established. This was jierformed
' Letter of Governor Miller, of Arkansas, to Secretary of War, June 20, 1820.
''Letter of Secretary of War to Maj. AVilliam Brailforil, July 21, 1821.
^Letter of Secretary of War to Governor Miller, of Arkansas, November (i, 1822.
■• October 8, 1821, Governor Miller -svas instructed by tlio Secretary of War to remove
the Cherokees from lands south of the Arkansas, but its execution was deferred several
years pending the establishment of the Cherokee boundaries.
■^ Secretary of War to Arkan^s Cherokee delegation iu Washington, February 12,
1823.
244 CHEROKEE NATION OF INDIANS.
uuder directiou of Governor Miller, in compliance with instructions
given bim for that purpose on the 4th of March, 1823. A year later'
a delegation of the Indians visited Washington to complain that the
boundary had been run without notice to them and in such a mauner as
to be highly prejudicial to their interests. It was also urged that the
quantity of land included was largely less than the quantity ceded by
the Cherokees east of the Mississippi.
It would seem that in the survey of this western boundary Governor
Miller, through a misconception of his instructions, had caused the
line to be run duo north and south, instead of in a dii'ection parallel
with that of the east line, as was the evident intention of the treaty of
1817.^ The effect of this action was to largelj- curtail the Cherokee
frontage on Arkansas Kiver, where the lands were riclt and capable
of remunerative cultivation, and to extend their frontier on the Upper
White Iiiver, toward the rough and comparatively valueless region of
the Ozark Mountains. It was also admitted by the Secretary of War
that the quantity of land within these boundaries was probably less
than that to which the Cherokees wei-e entitled.-' Inquiries were ac-
cordingly again made of the several State authorities as to the area of
territory acquired by them through the treaties of 1817 and 1819,
the replies to which, though partially estimated, aggregated 1,282,210
acres.* Directions were therefore given to Agent Duval'' to iiropose to
the Indians the running of a provisional line, subject to such future
alterations as the official returns of the quantity ceded in the States
should render necessary and proper. It seems, however, from a report
of Agent Duval, that the Cherokees in council had expressed to him a
preference to adopt for their western boundary what was known as the
"upper" or Governor Miller line, and to run thence down and between
the Arkansas and White Elvers for quantity, ignoring the line run
under the treaty of 1817 b.y General Rector, the effect of which would
be to give them an extension of territory to the east instead of toward
the west. This proposition called forth directions from the Secretary
of War to Governor Izard, in the spring of 1825, to open negotiations
with the Cherokees upon the subject of an exchange of territory with
them for an equal quantity of land lying to the west of Arkansas and
Missouri, and for their removal thereto, but that the matter must not
be pressed to the ]>oiiit of irritation. If, through the aversion of the
Indians to entertain such a proposition, it should be dropped, then, if
the same should be satisfactory to the citizens of Arkansas, the proposal
I March 3, 1824.
• Indian Office to Clierokee delegation of Arkansas, March 13, 1824, and Secretary
ofWar to Governor Crittenden, of Arkansas, April 28, 1824.
' Secretary of War to Governor Crittenden, of Arkansas, April 28, 1824.
■■ Indian Office to Agent E. W. Duval, Little Kock, Arkansas, July 8, 1824.
^July8, 1824.
ROTCE.] TREATY OF MA.Y 6, ]8i8. 245
contained in the report of Agent Duval would meet the views of the
Government.!
The Indians were brought to no definite agreement to either of these
propositions. In the meantime their provisional western boundary was
established and run, in January and February, 1825.^ The line began
at the upper end of Table Eock Bluff, on the Arkansas River, and ran
north i mile and 70 chains, crossing Skin Bayou at a distance of G6
chains from the beginning; thence it ran north 53° east 132 miles and
31 chains, to White River, which it struck at a xioint opposite the mouth
of Little North Fork.
As a matter of fact, so strong was the prejudice of the Cherokees
against any concession of territory that their council passed^ what
they denominated a "perpetual law" denouncing the death penalty
against any of their nation who should propose the sale or exchange of
their lands.
ioreii/'s i)urcliase. — In the mean time the legislature of Arkansas,
through Acting Governor Crittenden, had forwarded to the President
in the summer of 1824, a memorial urging that the tract of country
known as "Lovely's purchase" be thrown open to white settlement by
a revocation of the prohibitory order of Becember 15, 1818. This the
President declined to do until a final adjustment should be made of the
west boundary of the Cherokees and the east boundary of the Choc-
taws. A history of " Lovely's purchase" is to be found in a letter dated
January 30, 1818, from Major Long, of the Topographical Engineers, to
General Thomas A. Smith. From this it seems that by a treaty then
recently made (but without any authority) with the Osages, "by Mr.
Lovely, late Indian agent," ^ that tribe had ceded to the United States
the country between the Arkansas and Red Rivers, and also a ti-act on
the north of the Arkansas situated between the Yei-digris River and
the boundary established hy the Osage treaty of 1808. It appears,
however, that it was not the intention of the Osages to cede to the
United States so large a tract on the north of the Arkansas, but, as
' Secretary of War to Governor Izard, of Arkansas, April 16, 1825.
-See map on file iu Indian Office.
3 May, 1825.
••In a letter from Agent Meigs to the Secret.iry of War, dated Jnne 2, 1817, M.ajor
Lovely is spoken of as having been agent residing with the Cherokees on the Arkan-
sas. He had been an officer of the Virginia line thronghout the Revolution and par-
ticipated in the capture of Bnrgoyne. Ho had lived some time in the family of
President Madison's father, and went to Tennessee at an early day, whence (after
living many years among the Cherokees) he removed with the emigrant party to the
Arkansas. In a letter to the Hon. John Cocke from the Secretary of War, December
15, 1626, it is, however, stated that Major Lovely was a factor or trader in the Arkan-
sas country, who took an active p.Trt iu the preliminary negotiations that led finally
to the conclusion of the treaty with the Osages of September 25, 1818. It also ap-
pears from the same letter that the estimated area of Lovely's purchase was 7,t592,000
acres, and that when the west boundary line of the Cherokees was run, in 1825, it was
found that 200 square miles of Lovely's purchase wei-e iucluded within its liuuts.
246 CHEROKEE NATION OF INDIANS.
afterwarcl8 alleged by tbeir chiefs, tbfy only desired to surrender the
country lying south of a line commencing at the Falls of the Verdigris
and running due east to the treaty line of 1808, and east of another
line beginning at the same place and running due south as far as their
possessions should extend, and thence east again to the 1808 boundary,
excepting and reserving therefrom the point of land between the Ver-
digris and Six Bulls or Grand Eiver. The Osages, never having been
informed that the treaty was not duly authorized and had not been con-
firmed, still considered the country described therein as belonging to
the United States, and had repeatedly solicited whites to settle on it,
alleging that the main object of the cession on their ])art was to secure
the convenient appi'oach of civilized neighbors, who should instruct the
men how to cultivate the ground and the women to spin and weave, that
they might be able to live when the forests should afford no further
supplies of game. They were therefore much irritated when they
found civilized settlements prohibited, in order to protect the introduc-
tion and establishment adjoining or upon this territory of their inveter-
ate enemies, the Clierokees.
Western outlet. — The indefinite outlet to the west which had been
promised the (Jherokees by the President in 1818 formed the subject
of much complaint by them from time to time. In the spring of 1823'
they were advised that until their western boundary was established
it would be improper to make any decision upon the "outlet" question.
Two years earlier- it had been declared to them that in removing settlers
from " Lovely's Purchase," for the purpose of giving them their western
outlet, it must always be understood that they thereby acquired no
right to the soil, and that the Government reserved to itself the right
of making such disposition as it might think proper of all salt springs
therein. But this ti'oublous question was definitively disposed of when
the treaty of 1828 came to be negotiated.
By the provisions of an act of Congress approved April 5, 1826,'' the
land districts of the Territory of Arkansas were extended so as to in-
clude all the country witliin the limits of that Territory as then existing
(the limits having been extended 40 miles to the west by act of Con-
gress of May 2G, 1821),'' with the proviso, however, that nothing in the
act should be so construed as to authorize any survey or interference
■whatever upon any lands the right whereof resided in anj' Indian
tribes. Jfotwithstaiuling this proviso, rejiorts became current that sur-
veys had been begun of " Lovely's Purchase," causing much irritation
and ill feeling among the Cherokees and eliciting an order'' from the
Secretary of War forbidding any further surveys until it should be
' Secretarj of War to Arkansas Cherokee delegation in Wasliington, February 12,
1823.
' Secretary of War to Arkansas Cherokee delegation in Washington, October 8,
1821.
3 United States Statutes at Large, Vol. IV, p. 153.
* United States Statutes at Large, Vol. IV. p. 40.
'■ April 3, 1827.
B0VCE.1 TREATY OF MAY 6, 182S. 247
finally ascertained bow much laacl the Cberokees were entitled to receive
from the United States iu jiursuauce of the treaties of 1817 and 1819.
Negotiation and conclusion of treaty of 1828. — Matters remained thus ^?^
statu quo until the spring of 1828, when a delegation of the Western
Cherokees arrived in Washington, clothed with authority to i)resent to
the attention of the President their numerous grievances and to adjust
all matters in dispute for their people. The burden of their complaints
had relation to the delays that had occui-red in fixing their boundaries;
to the failure to secure to them the promised " western outlet;" to the
adjustment of the hostilities that continued to exist between themselves
andtheOsages ; and to the irregularity in the receipt of their annuities,
as well as to the encroachments of white settlers.'
The delegation were not clothed with authority to negotiate for any
cession or exchange of territory, the "perpetual law " against entertain-
ing such a proposition being still iu force among them. Notwithstand-
ing this fact, a communication was addressed to them from the War
Department^ desiring to be advised if they had any objection to open-
ing negotiations upon a basis of an exchange of land for territorj- west
of the west boundary of Arkansas, provided that boundary should be
removed a distance of 40 miles to the east, so as to run from Fort
Smith to the southwest corner of the State of Missouri, and also that
the Creeks should be removed from their location above the Falls of
Verdigris Eiver to territory within the forks of the Canadian and Ar-
kansas Rivers. To this proposal the delegation returned a polite but
determined refusal, and demanded that the actual number of acres to
which they were entitled iu Arkansas be ascertained and laid oft' with
exact definiteness. The whole subject of an exchange of lands was
thereupon submitted by the Secretary of War to the President for his
direction, and it was announced^ to the visiting delegation that the
President had concluded to order a permanent western line to be run,
within which should be embraced the full quantity of land to which
they were eutitled, and which was found to be, as nearly as possible,
as follows:''
Acres.
In lieu of quantity ceded in Georgia (actual survey) 8'24.384
Iu lieu of quantity ceded iu Alabama (actual survey) 738,560
In lieu of quantity ceded in Tennessee (actual survey) 1,0^4,000
In lieu of quantity ceded iu North Carolina (survey 70,000, estimate 630,000) . 700, 000
3, 286, 044
Less 12 miles square, school reservation iu Alabama 0-', 160
3, 194, 784
I Letter of T. L. McKeuney to Secretary of War, March 18, 1828.
" March 27, 1828.
'April 11, 1828.
■•The areas here given by the State authorities were largely below the quantity
actually contained within the limits of the cessions within the States of Georgia, North
Carolina, and Tennessee, as will be seen by a glance at the table of such areas on
page 373.
24-8 CHEROKEE NATION OF INDIANS.
As to tbeir promised " western outlet," tlie President was unprepared
to say anything definite, inasmuch as that matter was then in the hands
of Congress.
From this showing it was made evident to the delegation, and no op-
portunity was lost to impress the fact strongly upon them, that if they
insisted upon refusing to arrange for an exchange. of lauds, instead of
being entitled to a large additional tract beyond their provisional west-
ern boundary, they would, in fact, be entitled to several hundred thou-
sand acres less than had already been placed in their possession. In
addition to this it was more than doubtful, from the temper of the Presi-
dent and Congress, whether their long anticipated " western outlet"
would ever crystallize into anything more tangible than a promise.
With these facts staring them in the face, with the alluring offers held
out to them of double the quantity of land possessed by them in Arkan-
sas in exchange, with liberal promises of assistance in their proposed
new homes, and with the persistent importunities of their agent and
other United States ofiQcials, they yielded, and the treaty of Jlay G,
1828,' an abstract of which has been already given, was the result. It
■was promptly ratified and proclaimed on the 2Sth of the same month.
So nervous were the members of the delegation, after the treaty had
been concluded and signed, as to the reception that would greet them
on their return home, that the Secretary of War felt the necessity of
giving them a letter of explanation to their people. In this letter the
Cherokees were advised of the integrity, good conduct, and earnest zeal
for the welfare of their nation that had invariably characterized the
actions of their delegation at Washington. The nation was assured
that their representatives had done the best thing possible for them to
do in the late treaty.'^
Notwithstanding this testimonial, the delegation met with an angry
reception on their i-eturn home. Their lives and property were unsafe ;
the national council pronounced them guilty of fraud and deception,
declared the treaty to be null and void, as having been made without
any authority, and expressed an earnest desire to send a delegation to
Washington clothed with power to arrange all differences.^
In the mean time Agent Duval had been advised* of the ratification
of the treaty, and Messrs. E. Ellis and A. Finney had been appointed,
in conjunction with him, as commissioners to value all improvements
and property abandoned by the Cherokees, and to sell the agency prop-
erty as a means of raising funds for the erection of mills in their new
country.
Survey of neic boundaries. — The eastern line of this new Cherokee
'United States Statutes at Large, Vol. VII, p. 311.
-Letter of Secretary of War to Western Cherokee delegation. May 17, 1828
^Letter of Sub-Agent Brearly to Secretary of War, September ii", 1828.
■•May 28, 1828.
KOTCE.j TREATY OF FEBRUARY 14, 1833. 249
oomitry, dividing it from Arkansas, was surveyed in 1829,' but it was
not until April 13, 1831, that instructions were given to Isaac McCoy to
survey the remaining boundaries.
The fourth article of the treaty of 1828 contained a provision requir-
ing the United States to sell the property and improvements connected
with the agency for the erection of a grist and saw mill for the use of
the Indians in their new home. In lieu of this grist and saw mill the
United States furnished them with patent corn-mills to the amount of
the appraised value of the improvements. A tract in townships 7 and 8
of range 21, including these agency improvements, was surveyed sepa-
rately in 1829, and was commonly known as the "Cherokee Agency Ites-
ervation." In after years the Cherokees claimed that they had never
been compensated for this so-called reserve and asserted that it still
belonged to them. After a dispute continuing through many years, it
was linally decided bj' the Secretary of the Interior, on the 28th of June,
1878, that the reserve did not belong to the Cherokees, but that, through
the operation of the treaty with thein, it became a part of the public
domain.
TREATY CONCLUDED FEBRUARY 14, 1833.— PROCLAIMED APRIL
12, 1834.:
Held at Fort Gibsou, on the Arkansas Eirer, between Montfort Stokes,
Henry L. Ellsxcorth, and John F. Schermerhorn, commissioners on the
part of the United States, and the chiefs and headmen of the Cherokee Xa-
tion of Indians tcest of the Mississippi.
3IATERIAL PROVISIONS.
It having been ascertained that the territory assigned to the Cherokees
by the treaty of May 0, 1828, conflicted with a iiortion of the territory
selected by the Creek Nation in conformity with the provisions of the
Creek treaty of January 24, 182G, and the representative men of those
two nations having met each other in council and adjusted all disputes
as to boundaries, the United States, in order to confirm this adjustment,
concluded the following articles of treaty and agreement with the
Cherokees :
1. The United States agree to possess the Cherokees, and to guar-
antee it to them forever, * * * of seven millions of acres of land,
to be bounded as follows, viz : Beginning at a point on the old western
Terriiorial line of Arkansas Territory, being twenty-five miles north
from the point where the Territorial line crosses Arkansas Eiver ; thence
running from said north point south on the said Territorial line to the
place where said Territorial line crosses the Verdigris Eiver; thence
' Letter of T. L. McKeuiiey to Secretary of War, January 21, 1830.
- United States Statutes at Large, Vol. VII, p. 414.
250 CHEROKEE NATION OF INDIANS.
down said Verdigris Eiver to the Arkansas Eiver ; tlience down said
Arkansas Eiver to a point where a stone is placed opposite to the east
or lower bank of Grand Eiver at its junction with the Arkansas; thence
running south fort3'-four degrees west one mile ; thence in a straight
line to a point four miles northerly from the mouth of the North Fork
of the Canadian ; thence along the said four miles line to the Canadian ;
thence down the Canadian to the Arkansas ; thence down the Arkansas
to that point on the Arkansas where the eastern Choctaw boundary
strikes said river, and running thence with the western line of Arkansas
Territory, as now defined, to the southwest corner of Missouri ; thence
along the western Missouri lino to the land assigned to the Senecas ;
thence on the south line of the Senecas to Grand Eiver; thence up
said Grand Eiver as far as the south line of the Osage Eeservation, ex-
tended if necessary ; thence up and between said south Osage line, ex-
tended west if necessary, and a line drawn due west from the point of
beginning, to a certain distance west at which a line running north and
south from said Osage line to said due-west line will make seven mill-
ions of acres within the whole described boundaries.
In addition to the seven millions of acres of land thus provided for
and bounded, the United States further guarantee to the Cherokee
Nation a peri)etual outlet west, and a free and unmolested use of all the
country lying west of the western boundary of said seven millions of
acres, as far as the sovereignty of the United States and their right of
soil extend : Provided, however, That if the saline or salt plain on the
great western prairie shall fall within, said limits prescribed for said
outlet, the right is reserved to the United States to permit other tribes
of red men to get salt on said plain in common with the Cherokees.
And letters patent shall be issued by the United States as soon as prac-
ticable for the land hereby guaranteed.
3. The Cherokees relinquish to the United States all claim to all land
ceded or claimed to have been ceded to them by treaty of May C, 1S2S,
not embraced within the limits fixed in this present supplementary
treaty.
3. The United States agree to cancel, at the request of the Cherokees,
the sixth article of the treaty of May G, 1828.
4. The United States agree to furnish the Cherokees, during the pleas-
ure of the President, four blacksmith's shops, one wagon-maker's shop,
one wheelwright's shop, and necessary tools, implements, and material
for the same; also four blacksmiths, one wagonuiaker, and one wheel
Wright ; also eight patent railway corn mills, in lieu of those agreed to
be furnished by article 4 of the treaty of May G, 1828.
5. These articles are supplementary to the treaty of May G, 1828.
G. One mile square to be set apart for the accommodation of the Cher-
okee Agency, to be selected jointly by the Cherokee Nation and United
States agent.
KOTCE.] TREATY OF FEBRUARY ]4, 1833. 251
7. This treaty to be obligatory after ratificatiou by tbe President aud
Senate.
HISTORICAL DATA.
CONFLICTING LAND CLAIMS OF CREKKS AND CUEI!OKEE.S WEST OF THE 5I1SSISSIPPI.
Tlie treaty of January 2i, 1S2C/ with the Creek Indians had provided
for the removal of that tribe west of the Mississippi. In accordance
with its provisions, a delegation consisting of five representative men
of the tribe proceeded to the western country and selected the terri-
tory designed for their future occupancy. The year following this se-
lection a party of Creeks removed to aud settled thereon. The country
thus selected and occupied lay along aud between the Verdigris, Ar-
kansas, and Canadian Elvers.^
Subsequently, on the Gth day of May, 1828,' a treaty was concluded
with the Cherokee Nation west of the Mississippi, by the terms of which
they ceded all their lands within the present limits of Arkansas and
accepted a tract of 7,000,000 acres within the piesent limits of Indian
Territory, in addition to a perpetual outlet extending as far west as the
western limits of the United States at that time, being the one Iiun-
dredth meridian of longitude west from Greenwich.
This new assignment of territory to the Cherokees, it was soon found,
included a considerable portion of the lauds selected by and already in
The possession of the Creeks.
The discovery of this fact produced much excitement and ill feeling
in the minds of the i)eople of both tribes, aud led to many acts of injus-
tice and violence duriug the course of several years.
Territorial dijficuliies adjusted. — In the year 1832 a commission was
constituted, consisting of Montfort Stokes, Henry L.Ellsworth, and John
F. Schermerhoru, with instructions to visit the country west of the Mis-
sissippi and to report fully all information relating to the country assigned
as a permanent home to the aborigines. Among the formidable diffi-
culties presented for and earnestly urged upon their attention and con-
sideration were these conflicting territorial claims of the Creeks and the
Cherokees. Both parties claimed several million acres of the same land
under treaty stipulations ; both were equally peisuaded of the justice of
their respective claims, and at first were unyielding in their dispositions.
After a protracted public council, however, in which a careful exami-
nation and exposition of the various treaties was made, the commission-
ers succeeded in inducing the Creeks to accept other lands to the south-
ward of their upper settlements on Verdigris Eiver,^ and concluded
treaties with both the Creeks and the Cherokees modifying their resiiect-
ive boundaries.
' United States Statutes at Large, Vol. VII, p. 286.
'See Creek treaty of 1833, United States Statutes at Large, Vol. VII, p. 417.
'United States Statutes at Large, Vol. VII, p. 311.
■•See preamble to Creek treaty of February 14, 1833, United States Statutes at
Large, Vol. VII, p. 417.
252 CHEROKEE NATION OF INDIANS.
This treaty of February 14, 1833, with the liltter tribe occasioued a,
material change in the boundaries previously assigned them.
Instead of following the western line of Arkansas and Missouri as f\ir
north as the point where the Grand or JSTeosho Eiver crosses the bound-
ary of the latter State, and running from thence due west to a point
due north of the old western boundary line of Arkansas Territory, and
thence south to the Arkansas Eiver, the new line followed the present
western boundary of Arkansas and Missouri as far north as the south
line of the territory then recently assigned to the Senecas ; thence west
along the south line of the Senecas to Grand Eiver, and following up
Grand Eiver to the south boundary of the Osage reservation, which
was parallel with the present southern boundary of Kansas, and on the
average about two miles to the north of it ; thence west for quantity.
PURCHASE OF OSAGE IIALl'-BKEED RESERVES.
Prior ' to the conclusion of this treaty of 1833, a delegation of the
Western Cherokees had visited Washington to insist upon a literal ful-
fillment of the treaty of 1828 and especially to demand that they be
possessed of all lands and improvements within the outboundaries of
their country as defined by the last named treaty. The lands and im-
jirovements alluded to were seven reservations of one section each on
the Neosho Eiver assigned to certain half-breed Osage Indians by the
terms of the treaty of 1S25' with that tribe.
Although the treaty of 1833 failed to make provision for the extin-
guishment of these Osage half-breed titles, the desired object was at-
tained bj- the terms of the fourth article of the treaty of December 29,
1835, wherein 815,000 were appropriated for the purchase.^
PRESIDENT JACKSON REFUSES TO APPROVE THE TREATY OF 1834.
On the 10th of February, 1834, George Vashon, agent for the Western
Cherokees, negotiated a treaty with them^ having in view an adjust-
ment of certain differences between themselves and their eastern bi-eth-
ren, whereby the feelings of the latter should be more favorably af-
fected toward an emigration to the western country. The treaty pro-
vided for a readjustment of the tribal annuities i)roiiortioned to the
respective numbers of the Cherokees east and west, the basis of division
to be ascertained by an accurate census. The country pi'ovided for the
Cherokees by the treaty of 1833 was to be enlarged so th|it it should
equal in quantity, acre for acre, the country ceded by the Cherokees
east in 1817 and 1819, as well as the proportional quantity of those
who should agree to emigrate to the West under the provisions of this
treaty. It was also agreed that all Cherokees should possess equal
' In March, 1832.
- United States Statutes at Large, Vol. VII, p. 240.
3 United States Statutes at Large, Vol. VII, p. 478.
••See ludian Office files.
Kovcji., TEEATY OF DECEMBER 29, l.?35. 253
rights ill the nevr country, and that an asylum should be established
for the maintenance of the orphan children of the tribe. The negotia-
tions thus entered into were, however, barren of results, inasmuch as
President Jackson refused to recommend the treaty to the Senate for
the advice and consent of that body.'
TREATY CONCLUDED DECEMBER 29, 1835; PROCLAIMED MAY 23, 1836.
Held at Xeic Echota, Georyia, heticecu General ^VilUqm Carroll and John
F. Schermerhorn, commissioners on the part of the United States, and the
chiefs, headmen, and people of the Cherolre tribe of Indians.'^
MATERIAL PROVISIONS,
The preamble recites at considerable length the reasons for the nego-
tiation of the treaty and the preliminary steps taken, following which
the provisions of the treaty as concluded are given.
1. The Cherokee Nation cedes to the United States all the land claimed
by said Nation east of the Mississippi Eiver, and hereby releases all
claims on the United States for spoliatious of every kind for and in con-
sideration of $5,000,000. In case the United States Senate should decide
that this sum does not include spoliation claims, then .$300,000 additional
should be allowed for that purpose.
2. The description of the 7,000,000 acres of laud guaranteed to the
Oherokees Mcst of the Mississippi by the treaties of 1S2S and 1S33 is
repeated, and in addition thereto the further guaranty is made to the
Cherokee Xation of a perpetual outlet west, and a free and unmolested
use of all the country west of the western boundary of said 7,000,000
acres, as far west as the sovereiguty of the United States and their right
of soil extend, provided that if the salt plain shall fall within the limits of
said outlet the right is reserved to the United States to permit other
tribes of Indians to procure salt thereon. "And letters patent shall be
issued by the United States as soon as practicable for the land hereby
guaranteed."
It being apprehended that the above would aflbrd insufflcient land for
the Cherokees, the United States, in consideration of $500,000, agree to
patent to them in fee simple tlie following additional tract, viz: Begin-
ning at the southeast corner of the Osage Reservation, and running north
along the east line of the Osage lands 50 miles to the northeast corner
thereof, thence east to the west line of the State of Missouri, thence with
said line south 50 miles, thence west to the place of begiuning, estimated
to contain 800,000 acres, it being understood that if any of the Quapaw
lands should fall within these limits they should be excepted.
3. All the foregoing described lands to be included iu one patent,
under the provisions of the act of May 28, 1830; the United States to
' See Indian OfJSce records.
= United States Statutes at Large, Vol. VII, p. 47d.
254 CHEROKEE NATION OF INDIANS.
retain possession of the Fort Gibson military resei-vation until aban-
doned, when it shall revert to the Cherokees. The United States re-
serve the right to establish post and military roads and forts in any
part of the Cherokee country.
4. The United States agree to extinguish for the Cherokees the Osage
half-breed titles to reservations under the treaty of 1825 for the sum of
■•^lo.OOO. The United States agree to pay to the American Board of Com-
missioners for Foreign Missions the appraised value of their improve-
ments at Union and Harmony missions.
5. The United States agree that the land herein guaranteed to the
Cherokees shall never, without their consent, be included within the
limits or jurisdiction of any State or Territory. The United States
also agree to secure them the right to make and carry into effect such
laws as they deem necessary, provided they shall not be inconsistent
with the Constitution of the United States and such acts of Congress
as provide for the regulation of trade and intercourse with the Indian
tribes ; and provided also they shall not affect such citizens and army
of the United States as may travel or reside in the Indian country by
permission granted under the laws or regulations thereof.
6. Perpetual peace shall exist between the United States and the
Cherokees. The United States shall pi-otect the Cherokees from domestic
strife, foreign enemies, and from war with other tribes, as well as from
the unlawful intrusion of citizens of the United States. The Cherokees
shall endeavor to maintain peace among themselves and with their
neighbors.
7. The Cherokees shall be entitled to a delegate in the United States
House of Representatives whenever Congress shall make provision for
the same.
8. The United States agree to remove the Cherokees to their new home
and to provide them with one year's subsistence thereafter. Those de-
siring to remove themselves shall be allowed a commutation of S20 iier
head therefor, and, if they prefer it, a commutation of 833^ per head in
lieu of the one year's promised subsistence. Cherokees residing outside
the limits of the nation who shall remove within two years to the new
Cherokee country shall be entitled to the same allowances as others.
9. The United States agree to make an appraisement of the value of
all Cherokee improvements and ferries. The just debts of the Indians
shall be paid out of any moneys due them for improvements and claims.
The Indians shall be furnished with sufficient funds for their removal,
and the balance of their dues shall be paid them at the Cherokee Agency
west of the Mississippi. Missionary establishments shall be appraised
and the value paid to the treasurers of the societies by whom they were
established.
10. The President of the United States shall invest in good interest-
paying stocks the following sums for the beneht of the Cherokee peo
pie, the interest thereon only to be expended: $200,000, in addition to
liOYCK.l TREATY OF DECEMBER 29, 1835. 255
their present annuities, for a general national fund ; $.30,000 for an or-
phans'fund; $150,000, in addition to existing school fund, for a perma-
nent national school fund : the disbursement of the interest on the fore-
going funds to be subject to examination and any misapplications thei-eof
to be corrected by the President of the United States.
On two years' notice the Cherokee council may withdraw their funds,
by the consent of the President and the United States Senate, and invest
them in such manner as they deem proper. The United States agree to
appropriate $GO,000 to pay the just debts and claims against the Cher-
okee Nation held by citizens of tlie same, and also claims of citizens of
the United States for services rendered the nation. Three hundred
thousand dollars is appi'opriated by the United States to liquidate Cher-
okee claims against the United States for spoliations of every kind.
11. The Cherokees agree to commute their existing permanent annu-
ity of 810,000 for the sum of $214,000, the same to be invested by the
President as a part of the general fund of the nation. Their present
school fund shall also constitute a portion of the permanent national
school fund.
12. Such Cherokees as are averse to removal west of the Mississippi
and desire to become citizens of the States where they reside, if qualified
to take care of themselves and their property, shall receive their i)ro-
portion of all the personal benefits accruing under this treaty for claims,
improvements, and per capita.
Such heads of Cherokee families as desire to reside within the States
of North Carolina, Tennessee, and Alabama, subject to the laws thereof
and (]ualified to become useful citizens, shall be entitled to a pre-emption
right of 160 acres at the minimum Congress price, to include their im-
provements. John Eoss and eleven others named are designated as a
committee on the part of the Cherokees to recommend persons entitled
to take pre-emption rights, to select the missionaries who shall be
removed with the nation, and to transact all business that may arise
■with the United States in carrying the treaty into effect. One hundred
thousand dollars shall be expended by the United States for the bene-
fit of such of the poorer classes of Cherokees as shall remove west.
13. All Cherokees and their heirs to whom reservations had been
made by any previous treaty, and who had not sold or disposed of the
same, such reservations being subsequently sold by the United States
should be entitled to receive the present value thereof from the United
States as unimproved lands. All such reservations not sold were to
be confirmed to the reservees or their heirs. All persons entitled to
reservations under treaty of 1817, whose reservations, as selected, were
included by the treaty of 1819 in the unceded lands of the Cherokee
Nation, shall be entitled to a grant for the same. All reservees who
were obliged by the laws of the States in which their reservations were
situated to abandon the same or purchase them from the States, shall
be deemed to have a just claim against the United States for the value
256 CHEROKEE NATION OF INDIANS.
tbereof or for the amount paid therefor, with interest. The amount
allowed for reservations under this article is to be paid independently,
and not out of the consideration allowed to the Cherokees for spolia-
tiou claims and their cession of lands.
14. Cherokee warriors wounded in the service of the United States
during the late war with Great Britain and the southern tribes of In-
dians shall be allowed such pensions as Congress shall provide.
15. The balance of the consideration herein stated, after deducting
the amount actually expended for improvements, ferries, claims, spolia-
tions, removal, subsistence, debts, and claims upon the Ciierokee Nation,
additional quantity of lauds, goods for the poorer class of Cherokees,
and the several sums to be invested for the general national funds, shall
be divided equally among all the people belonging to the Cherokee Na-
tion east, according to the census just completed. Certain Cherokees
who had removed west since June, 1833, were to be paid for their im-
provements.
16. The Cherokees stipulate to remove west within two years from
the ratification of this treaty, during which time the United States shall
protect them in the possession and enjoyment of their property, and in
case of failure to do so shall i)ay all losses and damages sustained by
tliem in consequence thereof.
The United States and the several States interested in the Cherokee
lands shall immediately proceed to survey the lands ceded by this treaty,
but the agency buildings and tract of land surveyed and laid otffor the
use of Col. R. J. Meigs, Indian agent, shall continue subject to the con-
trol of the United States or such agent as may be specially engaged in
superintending the removal of the tribe.
17. All claims arising under or provided for in this treaty shall be
examined and adjudicated by General William Carroll and John F.
Schermerhorn, or by such commissioners as shall be a]>poiuted by the
President of the United States for that purpose, and their decision
shall be final, and the several claimants shall be paid on their certificate
by the United States. All stipulatious of former treaties not super-
seded or annulled by this treaty shall continue in force.
18. The annuities of the uatiou which may accrue during the next
two years preceding their removal shall, on account of the failure of
crops, be expended in provision and clothing for the benefit of the poorer
classes of the nation as soon after the ratification of this treaty as an
appropriation shall be made. No interference is, however, intended
with that part of the annuities due the Cherokees west under the treaty
of 1819.
19. This treaty is to be obligatory after ratification.
20. The United States guarantee the payment of all unpaid just
claims upon the Indians, without expense to them, out of the i)roper
funds of the United States for the settlement of which a cession or ces-
sions of l«nd has or have been heretofore made by the Indians in
ixivcii.) SL'PPLEMENTAI, TREATY OF DECEMBER 2'J, 1^35. 257
Georgia, provided the United States or State of Georgia has derived
Iteueflt therefrom witLout having made payment tlierefor.
Tliis article was inserted by unanimous request of the Clierokee com-
mittee after the signing of the treaty, it being understood that its rejec-
tion by the Senate of the United States should not impair auy other
article of the treaty.
On the 31st of December, 1835, James Eogers and John Smith, as
delegates from the Western Cherokees, signed an agreement which is
attached to the treaty wherein they agreed to its ])rovisious on behalf
of the Western Cherokees, with the proviso that it should not affect
any claims of the latter against the United States.
SUPPLEMENTARY ARTICLES TO FOREGOING TREATY, CONCLUDED
MARCH I, 1836; PROCLAIMED MAY 23, 1836.'
Agreed on between John F. Scliermerhorn, commissioner on the part of the
United States, and the committee duly authorized at a general council held
at Xew Echota, Georgia, to act for and on behalf of the Cherolee people.
MATERIAL PROVISIONS.
These articles were concluded as supplementary to the treaty of De
cember iiO, 1835, and were ratified at the same time and as a part of
that treaty. They were rendered necessary by the determination of
President Jackson not to allow any pre-emptions or reservations, his de-
sire being that the whole Cherokee people should remove together to
the country west of the Mississippi.
1. All pre-emption rights and reservations provided for in articles lii
and 13 are declared void.
2. The Cherokees having supposed that the sum of $5,000,0(10, fixed
as the value of Cherokee lands, did not include the amount re<iuircd to
remove them, nor the value of certain claims held bj' them against citi-
zens of the United States, and the President being willing that the sub-
ject should be referred to the Senate of the United States for any further
provision that body should deem just,
3. It is agreed, should it receive the concurrence of that body, to allow
the Cherokees the sum of -$000,000, to include the expenses of removal
and all claims against the United States not otherwise specifically pro-
vided for, and to be in lieu of the aforesaid reservations and pre-emj)-
tions and of the $300,000 for si)oliations provided in article 1 of the
original treaty to which this is supplementary. This sum of $600,000
shall be applied and distributed agreeably to the provisions of said
treaty, the surplus, if any, to belong to the education fund.
4. The provision of article 10 concerning the agency reservations is
not intended to interfere with the occupant right of auy Cherokees
whose improvements may fall within the same.
■ United States Statutes at Large, Vol. VII, p. 488.
5 ETH 17
258 CHEROKEE NATION OF INDIANS.
Tlie $100,000 appropriated in article 12 for the jioorer class of Chero-
kees, and intended as a setoff to the ijre-emption rights, shall now be
added to the general national fund of ■*400,000.
5. The expenses of negotiating the treaty and suijpleineut and of
such persons of the Chei'okee delegation as may sign the same shall he
defrayed by the United States.
Note. — The following amendments were made by the United States
Senate : In article 17 strike out the words " by General William Carroll
and John F. Schermerhorn, or ; " also, in the same article, after the word
" States," insert " bj' and with the advice and consent of the Senate of
the United States;" and strike out the 20th article, which api^ears as
a supplemental article.
HISTORICAL DATA.
ZEALOUS MEASUKES FOR REMOVAL OF EASTERN CHEROKEES.
While the events connected with the negotiation and the execution of
the treaty of 1828 with the Western Cherokees were occurring those
Cherokees who yet remained in their old homes east of the Mississippi
River were burdened with a continually increasing catalogue of dis-
tressing troubles. So soon as the treaty of 1828 was concluded it was
made known to them that inducements were therein held out for a con-
tinuance of the emigration to the Arkansas country. Agent Mont-
gomery was instructed' to use every means in his power to facilitate
this scheme of removal, and especially among those Cherokees who re-
sided within the chartered limits of Georgia.
Secret agents were appointed and .$2,000 were authorized by the
Secretary of War to be expended in purchasing the influence of the
chiefs in favor of the project.^ A. If. S. Ilunter and J. S. Bridges were
appointed' commissioners to value the improvements of the Cherokees
who should elect to remove.
After nearly a year of zealous work in the cause, xYgent Montgomery
was only able to report the emigration of four hundred and thirty-one
Indians and seventy-nine slaves, comparatively few of whom were from
Georgia.'' Nine months later three hundred and forty-six persons had
emigrated from within the limits of that State.^ The hostility mani-
fested by the larger proportion of the Cherokees toward those who
gave favorable consideration to the plan of removal was so great as to
require the establishment of a garrison of United States troops within
the nation for their protection.^
President Jackson's advice to the Cherokees. — Early in 182!),'' a delegation
from the nation proceeded to Washington to lay their grievances before
' May 27, 1828.
- Letter of War Department to Hugh Montgomery, Cherokee agent, May 27, 1828,
and to General William Carroll, May 30, 1829.
3 December 18, 1828.
■•Letter of T. L. McKenney to Secretary of War, November, 17, 1829.
•''Letter of T. L. McKenney to Hugh Montgomery, Cherokee agent, August 6, 1830
•^Letter of Cherokse delegation (East) to Secretary of War, January 21, 1829.
ROVCF..1 . TREATY OF DECEMBER -lit, 1835. 259
Presideut Jackson, but tbey found the Executive entertaining oiiinions
about their rights very different from those which had been hehl
by bis predecessors. They were advised ' that the answer to their
claim of being an independent nation was to be found in the fact that
during the Kevolutionary war the Cberokees were the allies of Great
Britain, a power claiming entire sovereignty of the thirteen colonies,
which sovereignty, by virtue of the Declaration of Independence and
the subsequent treaty of 1783, became vested respectively in the thir-
teen original States, including l^orth Carolina and Georgia. If they
had since been permitted to abide on their lanils, it was by permission,
a circumstance giving no right to deny the sovereignty of those States.
Under the treaty of 1785 the United States " give peace to all the
Cherokees and receive them into favor and pi'otection." Subsequently
they had made war on the United States, and peace was not con-
cluded until 1791. l>ro guarantee, however, was given by the United
States adverse to the sovereignty of Georgia, and none could be given.
Their course in establishing an independent go\erument within the
limits of Georgia, adverse to her will, had been the cause of inducing
her to depart from the forbearance she had so long i)racticed, and to
provoke tbe passage of the recent^ act of her legislature, extending her
laws and jurisdiction over their country. Tbe arms of the United
States, the President remarked, would never be employed to stay any
State of tbe Union from the exercise of the legitimate powers belong-
ing to her in her sovereign capacity. No remedy for them could be
perceived except removal west of the Mississippi Eiver, where alone
peace and protection could be afforded them. To continue where they
were could promise nothing but interruption and disquietude. Beyond
the Mississippi the United States, possessing the sole sovereignty, could
say to them that the land should be theirs while trees grow and water
runs.
The delegation were much cast down by these expressions of the
Presideut, but they abated nothing of their demand for protection in
what they considered to be the just rights of their i)eople. They re-
turned to their country more embittered than before against the Geor-
gians, and lost no opportunity, by appeals to the patriotism as well as
to the baser passions of their countrymen, to excite them to a determi-
nation to protect their country at all hazards against Georgian encroach-
ment and occupation.^
GENERAL CARROLL'S REPORT ON THE CONDITION OF THE CHEROKEES.
About this time* General William Carroll was designated by the
President to make a tour through the Cherokee and Creek Nations,
' Letter of Secretary of War to Cherokee delegation, April 18, 1829.
•^ December 20, 1828.
^Agent Montgomery to the Secretary of War, July 11, 1829.
■•Secretary of War to General William Carroll, May 27, 1829.
260 CHEROKEE NATION OF INDIANS.
with both of which he was supposed to jiossess much iuflueuce. His
mission was to urge upou them, aud especially iqion the former, the
expedieucy of their removal west of the Mississippi under the induce-
ments held out by the treaty of 1828. A month later' Col. E. F. Tat-
nail and on the 8th of July General John Coffee were appointed to co-
operate with General Carroll in the accomplishment of his mission.
The results of this tour were communicated^ to the War Department
by General Carroll in a report in which he remarked that nothing could
be done with the Cherokees by secret methods; they were too intelli-
gent and too well posted on the current news of the day to belong kept
in ignorance of the methods and motives of those who came among them.
He had met their leading men at Newtown and had submitted a i)ro-
posal for their removal which was iieremptorily rejected. The advance-
ment the Cherokees had made in religion, morality, general information,
and agriculture had astonished him beyond measure. They had regu-
lar preachers in their churches, the use of spirituous liquors was in
great degree prohibited, their farms were worked much after the man-
ner of white people, and were generally in good order. Many families
jwssessed all the comforts and some of the luxuries of life. Cattle,
sheep, hogs, and fowl of every kind were found in great abundance.
The Cherokees had been induced by Eastern papers to believe thePres-
id ent was not sustained by the people in bis views of their proposed
removal. Eastern members of Congress had given their delegation to
understand while in "Washington the preceding spri7ig that the memo-
rial left by them protesting against the extension of the laws of Georgia
fiud Alabama over Cherokee territory would be sustained by Congress,
and that until that memorial had been definitely acted on by that body
all propositions to them looking toward removal would be worse than
useless.
Cherolcees refuse to cede lands in North Carolina. — In the early summer
of 1829^ a commission had also been appointed, consisting of Humphrey
Posey and a Mr. Saunders, having in view the purchase from the Cher-
okees of that portion of their country within the limits of North Caro-
lina, but it, too, failed wholly of accomplishing its purpose.
Coercive measures of the United States and Georgia. — Sundry expedi-
ents were resorted to, both by the General Government and by the au-
thorities of Georgia, to compel the acquiescence of the Indians in the
demands for their emigration.
The act of the Georgia legislature of December 20, 1828, already
alluded to, was an act "to add the territory within this State and occu-
pied by the Cherokee Indians to the counties of Dc Kalb et ah, aud to
extend the laws of this State over the same." This was followed* by
' Juue 25, 1829.
^November 19,1329.
' Jinie2:i, 18 J9.
"DecenibiT 19, l-'riSg.
iiovcE.] TREATY OF DECEMBER 2!l, 1835. 261
the passage of au act reasserting the territorial jurisdiction of Georgia
and annulling all laws made by the Cherokee Indians. It farther de-
clared that in any controversy arising between white persons and Indians
the latter should be disqualified as witnesses. Supplementary legisla-
tion of a sinular character followed in quick succession, and the procla-
mation of the governor of the State was issued on the 3d of June, 1830,
declaring the arrival of the date fixed by the aforesaid acts and the con-
sequent subjection of the Cherokee tei'ritory to the State laws and
jurisdiction.'
The President of the United States about the same time gave direc-
tions- to suspend the enrollment and removal of Cberokees to the west
in small parties, accompanied by the remark that if they (the Ohero-
kees) thought it for their interest to remain, they must take the conse-
quences, but that the Executive of the United States had no power to
interfere with the exercise of the sovereignty of any State over and
upon all within its limits. The President also directed^ that the pre-
vious practice of paying their annuities to the treasurer of the Chero-
kee Nation should be discontinued, and that they be thereafter dis-
tributed among the individual members of the tribe. Orders were
shortly after^ given to the commandant of troops in the Cherokee
country to prevent all persons, including members of the tribe, from
opening up or working any mineral deiiosits within their limits. All
these additional annoyances and restrictions placed upon the free ex-
ercise of their supposed rights, so far from securing compliance with
tiie wishes of the Government, had a tendency to harden the Cherokee
heart.
' Among other legislation on this subject enacted by Georgia may be enumerated the
following, viz :
1. A penalty of forfeiture of all right to his laud and improvements was deuouuced
against any Cherokee who should employ any while man, or the slave of auj' white
man, as a tenaut-cropper, or assistant in agriculture, or as a miller or millwright,
'i. Any Indian who should enroll for emigration and afterwards refuse to emigrate
should forfeit all right to any future occupancy within the State.
S. No Indian should l)e allowed the use of more than KiO acres of land, including
his dwelling house.
4. Grants were to be issued for all lots drawn in the late land and gold lottery, though
they might lie within the improvemeuts of au Indian who had by any previous Cher-
okee treaty received ii reservation either in Georgia or elsewhere.
.5. No contract between a white man and au Indian, either verbal or written, should
be binding unless established by the testimony of two white witnesses,
(). Any Indian forcibly obstructing the occupancy by the drawer of auy lot drawn
in the land and gold lottery should be sulyect to imprisonment in the discretion of
the court.
^Letter of War Department to Hugh Montgomery, Cherokee agent, June 9, 1830.
•^Letter of Acting Secretary of War to H. Montgomery, Cherokee Agent, June 18,
1830.
^ Letter of Acting Secretary of War to H. Montgomery, Cherokee Agent, June 26,
1830. ■
262 . CHEROKKE NATION OF INDIANS.
FAILURE OF COLONEL LO\VRil''s MISSION.
In this situation of affairs Col. Joliu Lowry was appointed' a special
commissioner to visit tlie Cherokee Nation and again lay before them
a formal iiroposition for their removal west. The substance of Mr.
Lowry's proposal as communicated by him to their national council^
was: (1) To give to the Clierokees a country west of the Mississippi,
equal in value to tlie country they would leave ; (2) each warrior and
widow living within tlie limits of Alabama or Tennessee was to "be
permitted, if so desiriug, to select a reservation of 200 acres, which, if
subsequently abandoned, was to be sold for the rcservee's benelit ; (3)
each Indian desiring to become a citizen of the United States was to
have a reservation in fee simple ; (4) all emigrants were to be removed
and fed one year at the exjieuse of the United States, and to be com-
pensated for all property, except horses, they should leave behind them,
ami, (5) the nation was to be provided with a liberal school fund.
Again the result was an emphatic refiisaP on the i)art of the Chero-
kees to enter iuto negotiations on the subject. Other special commis-
sioners and emissaries, of whom several were appointed in the next few
months, met with the same reception.
PECISION OF THE SLTRE.ME COURT IN CHEROKEE NATION VS. GEORGIA.
Determined to test the constitutionality of the hostile legislation of
Georgia, apjilication was made at the January term, 1831, of the Su-
preme Court of the United States, by John Eoss, as principal chief, in
the name of the Cherokee Nation, for an injunction against the State of
Geoi'gia. The application was based on the theory that the Cherokee
Nation was a sovereign and independent power in the sen.se of the
language of the second section of the third article of the Constitution
of the United States providing for judicial jurisdiction of cases arising
between a State, or the citizens thereof, and foreign states, citizens, or
subjects. The majority of the court declared that the Cherokee Nation
was not a foreign nation in the sen.se stated in the Conf5titution, and
di.smi.ssed the suit for want of jurisdiction. From this decision, how-
ever. Justices Thompson and Story dissented. ••
FAILURE OF MR. CHESTER'S MISSION.
No further formal attempt was made to secure a compliance with
the wi.shes of the Government until the wiuter and spring of 1831-32.
A delegation of Cherokees had visited Washington in the interests of
their people, and though nothing m as accomplished through them, the
language used by some members of the delegation had led the Govern-
■ September 1, 1830.
- October 20, 1830.
'Action of Cherokee uatioual council, October 22, 1830.
< Cherokee Niition vs. State of Georgia, Peters's United States Suiireme Court Re-
ports, Vol. V, p. 1.
uovcK.] . TREATY OF DECEMBER 29, 1S35. 263
luent authorities to hope that a change of sentiiueut oa the subject of
removal was rapidly taking place in their minds. In pursuance of this
imiii'ession tlie Secretary of War, in the spring of 1832,' intrusted Mr.
E. W. Chester with a mission to the Cherokees, and with instructions
to offer them as a basis for the negotiation of a treaty the following
terms :
1. The United States to provide them with a country west of Arkan-
sas sufficiently large for their accommodation.
2. This country to be conveyed to them by patent under the act of
Congress of May 28, 1830, and to be forever outside the limits of any
State or Territory.
3. The Clierokees to retain and possess all the powers of self-govern-
ment consistent with a supervisory authority of Congress.
4. To have an agent resident in Washington to represent their in-
terest, who should be paid by the United States.
5. With the consent of Congress they should be organized as a Terri-
tory and be represented by a delegate in that body.
0. AH white persons should be excluded from their country.
7. The United States to remove them to their Dew country and to
pay the expenses of such removal, which might be conducted in either
of three ways, viz:
[a) By a commutation in money, to be allowed either individuals or
families.
{!)) By persons to be appointed and paid by the United States.
(c) By arrangement among themselves, through which some compe-
tent person should remove them at a fixed rate.
8. The United States to provide them with subsistence for one year
after removal.
9. An annuity to be secured to them proportioned to the value of the
cession of territory the.v should make.
10. The United States to pay for all Indian improvements upon the
ceded land.
11. Provision to be made for the support of schools, teachers, black-
smiths and their supplies, mills, school-houses, churches, council-houses,
and houses for the i)rincipal chiefs.
12. A rifle to be presented to each adult male, and blankets, axes,
plows, hoes, spinning-wheels, cards, and looms to each family.
13. Indian live stock to be valued and paid for by the United States.
14. Annuities under former treaties to be paid to them upon their
arrival west of the Jlississippi.
15. Provision to be made by the United States for Cherokee ori)han
children.
IG, Protection to be guaranteed to the Cherokees against hostile
Indians.
'April 17, 1832.
264 CHEKOKEE NATION OF INDIANS.
17. A few individual reservatious to be pe'rinitted east of the Missis-
sippi, but only on condition that tlie reservees shall become citizens of
the State in which they reside, and that all reservations between them
and the United States, founded upon their previous circumstances as
Indians, must cease.
Cherolees contemplate removal to Colinnhia River. — In the discussion
of these propositions the fact was developed that a project had been
canvassed, and had received much favorable considei-ation among the
Cherokees themselves (in view of the difficulties and harrassiug- cir-
cumstances surrounding their situation), to abandon their eastern home
and to remove to the country adjacent to the mouth of the Columbia
Eiver, on the Pacific coast. This proposition having reached the ears
of the Secretary of War, he made haste, in a letter to Mr. Chester,'
to discourage all idea of such a removal, predicated upon the theory
that they would be surrounded by tribes of hostile savages, and would
be too remote from .the frontier and military posts of the United States
to enable the latter to extend to them the arm of protection and sup-
port.
Nothing was accomplished by the negotiations of Mr. Chester, and
in the autumn- of the same year Governor Lumpkin, of Georgia, was
recpiested to attend the Cherokee council in October and renew the
proposition upon the same basis. A similar fate attended this attem])t.
DKCISIOX OF SUPREMK COURT IX WORCESTER VS. GEORGIA.
Among other laws passed by the State of Georgia was one that
went into effect on the 1st of February, 1831, which prohibited the
Cheroliees from holding councils, or assembling for any purpose ; pro-
vided for a distribution of their lands among her citizens; required all
whites tesiding in the Cherokee Nation within her chartered limits to
take an oath of allegiance to the State, and made it an offense punish-
able by four years' imprisonment in the penitentiary to refuse to do so.
Under this law two missionaries, Messrs. Worcester and Butler, were
indicted in the superior court of Gwinnett County for residing without
license in that part of the Cherokee country attached to Georgia by her
laws and in violation of the act of her legislature approved December
23, 1830. In the trial of Mr. Worcester's case, which was subsequently
made the test case in the Supreme Court of the United States, he
pleaded that he was a citizen of Vermont and entered the Cherokee
country as a missionary with the permission of the President of the
United States and the approval of the Cherokee Nation : that Georgia
ought not to maintain the prosecution inasmuch as several treaties had
been entered into by the United States with the Cherokee Nation, by
which the latter were acknowledged as a sovereign nation, and by which
the territory occupied by them had been guaranteed to them by the
1 July 18, 1832.
« September 4, 1832.
ROT.E.J TREATY OF DECEMBER 2!t, 1^33. 265
United States. The superior court overruled tbis plea, and JMr. "Wor-
cester was tried, convicted, and sentenced to four years in tlie peniten-
tiary.
The case was carried up on a writ of error to the Supreme Court of
the United States, and that court asserted its jurisdiction. In render-
ing its decision the court remarks that the princijjle that discovery of
parts of the continent of America gave title to the government by
whose subjects or by whose authority it was made against all other
European governments, which title might be consummated by posses-
sion, was acknowledged by all Europeans because it was the interest of
all to acknowledge it, and because it gave to the nation making the dis-
covery, as its inevitable consequence, the sole right of acquiring the
soil and of making settlements on it. It was an exclusive principle
which shut out the right of competition among those who had agreed
to it, but not one which could annul the rights of those who had not
agreed to it. It regulated the rights of the discoverers among them-
selves, but could not affect the rights of those already in possession as
aboriginal occupants. It gave the exclusive right of purchase, but did
not found it on a denial of the right of the possessor to sell. The United
States succeeded to all the claims of Great Britain, both territorial and
political. Soon after Great Britain had determined on planting colonies
in America the King granted sundry charters to his subjects. They
purport generally to convey the soil from the Atlantic to the South Sea.
The soil was occupied by numerous warlike nations, willing and able to
defend their possessions. The absurd idea that feeble settlements made
on the sea-coast acquired legitimate power to govern the people or oc-
cupy the lands from sea to sea did not then enter the mind of any
man. These charters simply conferred the right of purchasing such
lands as the natives were willing to sell. The acknowledgment of
dependence made in the various Cherokee treaties with Great Britain
and the United States merely bound them as a dependent ally claiming
the i)rotection of a jiowerful friend and neighbor and receiving the
advantages of that protection, without involving a surrender of their
national character. jSTeither the Government nor the Cherokees ever
understood it otherwise. Protection did not imply the destruction of
the protected.
Georgia herself had furnislied conclusive evidence that her former
opinions on the subject of the Indians concurred with those entertained
by her sister States and by the Government of the United States. Vari-
ous acts of her legislature had been cited in the argument of the case,
including the contract of cession made in 1802, all tending to prove
her acquiescence in the universal conviction that the Cherokee Nation
possessed a full right to the lands they occupied, until that right should
be extinguished by the United States with their consent; that their ter-
ritory was separated from that of any State within whose chartered lim-
its they might reside, by a boundary line estalilished by treaties; that
2fi6 CHEROKEE NATIOX OF INDIANS.
within their boundary they possessed rights .with which no State could
interfere, and that the whole power of regulating- the intercourse with
them was vested in the United States. The legislation of Georgia on
this subject was therefore unconstitutional and void.'
Georgia refuses to siihmit to the decision of the Supreme Court. — Georgia
refused to submit to the decision and alleged that the court possessed no
right to pronounce it, she being by the Constitution of the United States
a sovereign and independent State, and no new State could be formed
within her limits without her consent.
President JacksoTi's dilemma. — The President was thus placed between
two fires, Georgia demanding the force of his authority to protect her
constitutional rights by refusing to enforce the decision of the court,
and the Cherokees demanding the maintenance of their rights as guar-
anteed tliem under the treaty of 1701 and sustained by the decision of
the Supreme ("ourt.
It was manifest the request of both could not be complied with. If
he assented to the desire of the Cherokees a civil war was likely to
ensue with the State of Georgia. If he did not enforce the decision
and protect the Cherokees, the faith of the nation would be violated.-
In this dilemma a treaty was looked upon as the only alternative, by
which the Cherokees should relin(iuish to the United States all their
interest in lands east of the Mississippi and remove to the west of that
river, and more earnest, urgent, and persistent pressure than before was
applied from this time forward to compel their acquiescence in such a
scheme.
DISPUTED BOUNDARIES BETWEEN CHEROKEES AND CREEKS.
Mention has already been made in discussing the terms of the treaty
of September 22, ISIG, of the complications arising out of the question
of disputed boundaries between the Cherokees, Creeks, Choctaws, and
Chickasaws. These disputes related chiefly to an adjustment of bound-
aries within the Territory of Alabama, rendered necessary for the defi-
nite ascertainment of the limits of tlie Creek cession of 1814. But as
a result of the Cherokee cession of 1817 and the Creek cessions of 1818,
1821, 1826, and 1827, the true boundary between the territories of these
two latter nations became not only a matter of dispute, but one that
for yeai's lent additional bitterness to the contest between the people
of Georgia and the Indians, especially the Cherokees. Prior to the
Eevolution, the latter had claimed to own the territory witluu the limits
of Georgia, as far -south as the waters of Broad Eiver, and extending
from the headwaters of that river westward. Some of this territory
' Worcester vs. State of Georgia, Peters's United States Supreme Court Reports, Vol.
VI, p. 515.
2 According to tlie statement of Hon. Geo. X. Briggs, a member of Congress from
Massachusetts, President Jackson remarlied, after the case of Worcester rs. State of
Georgia was decided, "Well, John Marshall has made his decision, now let him en-
force it."
80TCE.J TREATY OF Di;CE>IBER 2J, 18X5. 267
was also claimed by the Creeks, aud the British Government had
therefore in purchasing it accepted a cession from those tribes jointly.'
At the beginning of the Federal relations with the Cherokees, a deti-
uition of their boundaries bad been made by treaty of Xovember 28,
17S5, extending on the south as far west as the headwaters of the
Appalachee Eiver. Beyond that jioint to the west no declaration as to
the limits of the Cherokee territory was made, because, for the purposes
of the Fedei-al Government, none was at that time necessary. But
when in course of time other cessions came to be made, both by the
Cherokees and Creeks, it began to be essential to have an exact defi-
nition of the line of limits between them. Especially was this the case
when, as by the terms of the Creek treaty of February 12, 1825,= they
ceded all the territory to which they laid claim within the limits of
Georgia, and although this treaty was afterwards declared void by the
United States, because of alleged fraud, Georgia always maintained
the propriety and validitj' of its negotiation.
As early as June 10, 1802, a delegation of Cherokees interviewed
Colonel Hawkins aud General Pickens, and after demanding the re-
moval of certain settlers claimed to be on their lands, asserted the
boundary of their nation in the direction of the Creeks to be the path
running from Colonel Easley's, at High Shoals of the Appalachee, to
Etowah Eiver. This they had agreed upon in council with the Creeks.
A delegation of the Creeks, whom they brought with them from the
council, were then interrogated on the subject by Messrs. Hawkins aud
Pickens, and they replied that the statement of the Cherokees was cor-
rect.
In the spring of 1814 (May 15) Agent Meigs had written the Secre-
tary of War that the Cherokees were sensible that the Creeks ought to
cede to the CJnited States sutlicient land to fully compensate the latter
for the expenses incurred in prosecuting the Creek war. However, they
(the Cherokees) were incidentally interested in the arrangements, and
hoped that the United States would not permit the Creeks to point out
the specitic boundaries of their cession until the division line between
the two nations had been definitely determined. In the following year,
in a discussion of the subject with Colonel Hawkins, the Creek agent,
Colonel Meigs declares that the Cherokees repel the idea entertained by
the Creeks that the Cherokee or Teiniessee Eiver was ever their southern
boundary. On the contrary, the dividing line between the territories of
the two nations should begin at Vaun's Old Store, on the Ocmulgee
Eiver, thence pursuing such a course as would strike the Coosa Eiver
below the Ten Islands. This claim was predicated upon the assertion
that the Cherokees had in the course of three successive wars with the
Creeks driven them more than a degree of latitude below the point last
1 Treaty June 1, 1773, between the British superintendent of Indian afi'airs and the
Creeks aud Cherokees.
^United States Statutes at Large, Vol. VII, p. 237.
2G8 CHEROKEE NATION OF INDIANS.
named. Another Cherokee version was to the eftect that at a joint
council of the two nations, held prior to the Eevolutiouary War, the
boundary question was a subject of discussion, when it was agreed to
allow the oldest uuin in the Creek Nation to determine the point. This
man was James McQueen, a soldier who had deserted from Oglethorpe's
command soon after the settlement of Savannah. McQueen decided
that the boundary should be a line drawn across the headwaters of
Hatchet and Elk Creeks, the former being a branch of the Coosa and
the latter a tributary of the Tallapoosa. This decision was predicated
upon the fact that the Cherokees had driven the Creeks below this line,
and it had been mutually agreed that it should constitute the boundary.
In contradiction of this it was asserted by the Creeks that in the year
181S it had been admitted at a public meeting of the Creeks by "Sour
Mush,"' a Cherokee chief, that the Creeks owned all the land up to the
head of Coosa River, iucluding all of its waters; that the Tennessee was
the Cherokee Eiver, and the territories of the two nations joined on the
dividing ridge between those rivers. In former times, on the Chatta-
hoochee, the Cherokees had claimed the country as low down as a
branch of that river called Choky (Soquee) Eiver. Subsequently they
■were told by the Coweta king, that they might live as low down as the
Currahee Mountain, but that their young men had now extended their
claim to Hog Mountain, without however any shadow of right or
authority.!
With a view to an amicable adjustment of their respective rights a
council was held between the chiefs and headmen of the two nations at
the residence of General William Mclutosh, in the Creek country, at
which a treaty was concluded between themselves on the 11th of De-
cember, 1820. In the first article of this treaty the boundary line be-
tween the two nations was fixed as running from the Buzzard's Eoost,
on the Chattahoochee, in a direct line to the Coosa Eiver, at a point
opposite the month of Wills Town Creek, and thence down the Coosa
Eiver to a point opposite Fort Strother. This boundary was reaffirmed
by them in a subsequent treaty concluded October 30, 1822.^
The Cherokee treaty of 1817 had assumed to cede a tract of couutiy
" Beginning at the high shoals of the Appalachy Eiver and running
thence along the boundary line between the Creek and Cherokee Xa-
tious westwardly to the Chatahouchy Eiver," etc.
The Creek treaty of ISIS ' in turn ceded a tract the northern bound-
ary of which extended from Suwanee Old Town, on the Chattahoochee,
to the head of Appalachee Eiver, and which overlapped a considerable
portiou of the Cherokee cession of 1817.
The Creek treaty of 1S21-' ceded a tract running as far north as the
Shallow Ford of the Chattahoochee, which also included a portion of
'Letter of D. B. Mitchell, Creek agent, to Secretary of War.
-See Indian Office files for these two treaties.
' United States Statutes at Large, Vol. VII, p. 171.
'lb., p. 215.
i;ovcE,l TREATY OF DECEMBER 2!1, H35. 269
the territory within the limits of the Cherokee domain, as claimed by
the latter.
By tlw? treatj- of lS2.j ' with the Creeks they ceded all their remain-
ing territory in Georgia. Complaint being made that this treatj' had
been eutered into by only a small nonrepreseutative faction of that
nation, an investigation was entered upon by the United States anthori-
ties, and as the result it was determined to declare the treaty void and
to negotiate a new treaty with them, which was done on the 2ith of
January, 1826.^
By this last treaty as amended the Creeks ceded all their laud east
of the Cljattahoochee River, as well as a tract north and west of that
river. In the cession of this latter tract it was assumed that a point
on Chattahoochee Hiver known as the Buzzard's Boost was the northern
limit of the Creek sui)remacy.
The authorities of Georgia strongly insisted that not only had the
treaty of 1825 been legitimately concluded, whereby they were entitled
to come into possession of all the Creek domain within her limits, but
also that the true line of the Creek limits toward the north had been
much higher up than would seem to have been the understanding of
the parties to the treaty of 1826.
In the following year the Creeks cedcij all remaining territory they
might have within the limits of Georgia.'' This left the only question
to be decided between the State of Georgia and the Cherokees the one
of just boundaries between the latter and the country recently acquired
from the Creeks.
The War Department had been of the impression that the proper
boundary between the two nations was a line to be run directly from
the High Shoals of the Appalachee to the Ten Islands, or Turkeytown,
on the Coosa Kiver.'' On this hypothesis Agent Mitchell, of the Creeks,
had been instructed, if he could do so, ''without exciting their sensi-
bilities," to establish it as the northern line of the Creek I^ation.
Georgia, on the contrary, claimed that the proper boundary extended
from Suwanee Old Town, on the Chattahoochee, to Sixes Old Town, on
the Etowah lliver; from thence to the junction of the Etowah and Oos-
tanaula Kivers, and following the Creek path from that point to Ten-
nessee River. In pursuance of this claim Governor Forsytii instructed^
Mr. Samuel A. Wales as the surveyor for that State to proceed to es-
tablish the line of limits in accordance therewith. Mr. Wales, upon
commencing operations, was met with a protest from Colonel Montgom-
ery, the Cherokee agent,'' notwithstanding which he continued his op-
erations in couformitj' with his original instructions.
' United States Statutes at Large, Vol. VII, p. 237.
^Ib., p. 289.
Ub., p. 307 ; Creek treaty of Xovember 15, 1327.
' Letter of Secretary of War to D. B. Mitchell, Creek agent.
=^ Letter of Goveruor Forsyth, of Georgia, to Samuel A. Wales, M.ay 5, 1329.
" Letter of Montgomery to Wales, May 13, 1829.
270 CHEROKEE NATION OF INDIANS.
This action of the surveyor having produced a feeling of great excite-
ment and hostility within the Cherokee Nation, rendering the danger
of collision and bloodshed itnininent, the United States autliorities took
the matter in hand, and, by direction of the President, General John
Coffee was appointed and instructed' to proceed to the Cherokee Na-
tion, and from the most reliable information and testimony attainable
to report what, in his judgment, should in justice and fairness to all
parties concerned be declared to be the true line of limits between
Georgia', as the successor of the Creeks, and the Cherokee Nation.
General Coffee proceeded to the performance of the duty thus as-
signed him. A large mass of testimony and tradition on the subject
was evoked, in summing np which General Coffee reported^ to the Sec-
retary of War that the line of demarkation between the two nations
should begin at the lower Shallow Ford of the Chattahoochee, which
was about 15 miles below the Suwanee Old Town. From thence the
line should run westwardly in a direction to strike the ridge dividing
the waters running into Little liiver (a branch of the Hightower or
Etowah) from those running into Sweet Water Creek (a branch of the
Chattahoochee emptying about 2 miles below Buzzard's Eoost). From
this point such ridge should be followed westwardly, leaving all the
waters falling into Hightower and Coosa Elvers to the right and all
the waters that run southwardly into Chattahoochee and Tallapoosa
Rivers to the left, until such ridge should intersect the line (which had
been previously as per agreement of ISL'l between the Creeks and Cher-
okees themselves) run and marked from Buzzard Roost to Wills Creek,
and thence with this line to the Coosa River opposite the mouth of
Wills Creek.
Two weeks later-' General Coffee, in a communication to the Secre-
tary of War, alludes to the dissatisfaction of Georgia with the line as
determined by him, and her claim to an additional tract of territory by
remarking that " I have thought it right to give this statement for jour
own and the eye of the President only, that you may the better appre-
ciate the character of the active agents and partisans of the Georgia
claim, for really I cannot see any reasonable or plausible evidence on
which she rests her claim."
The President, after a careful examination of the testimony and much
solicitude upon the subject, decided to approve General Coftee's recom-
mendation. The Cherokee agent was therefore directed^ to notify all
white settlers living north of Coffee's line to remove at once. The gov-
ernor of Georgia was also notified of the President's decision, and,
though strongly and persistently protesting against it, the President
' October 10, 1829.
■ December 30, 1829.
3 January 15, 1830.
* Marcli 14, 1830.
K..VIKJ TREATY OF DECEMBER t>1, li=>35. 271
firmly refused to revoke his uctiou.' The Cherokees were equally dis-
satisfied with the decision, because the liue was not fixed as far south
as Buzzard's Roost, in accordance with the agreeineut of 1821 between
themselves and the Creeks.^
' Secretary of AVar to Governor Gilmer, of Georgia, June 1, 1830.
- The following paper, which is on file in the Office of Indian Affairs, is interesting
in connection with the subject matter of this boundary :
Extract from treaties and other documents relative to the Cherokee lines in con-
tact with the Creeks and Chickasaws west of Coosa River :
"June 10, 1786. — In the treaty of this date witli the Chickasaws the lands allotted
them eastwardly ' shall be the lands allotted to the Choctaws and Cherokees to live
and hunt on.' In the conference which took place between the commissioners of the
United States and the Chickasaws and Cherokees, it was apparent that their claims
conflicted with each other on the ridge dividing the waters of Cumberland from those
of Duck River and around to the Chickasaw Oldtown Creek on Tennessee, thence
sontliwardly, leaving the mountains above the Muscle Shoals on the south side of the
river, and to a large stone or flat rock, where the Choctaw line joined witli the Chicka-
saws. The journal of occurrences at the time were lodged with the papers of the
old Congress, and probably were transferred to the office of Secretary of State. On
the 7th of January, 1806, in a convention between the United States and Cherokees,
on the part of the former by Mr. Dearborn, the United States engaged to use their
best endeavors to fix a boundary between the Cherokees and Chickasaws, ' beginning
at the mouth of Caney Creek, near the lower part of the Muscle Shoals, and to run
up the said creek to its head, and in a direct line from thence to the flat stone or
rock, the old corner boundary,' the line between the Creeks and Cherokees east of
Coosau River.
"In 1802, at the treaty of Fort Wilkinson, it was agreed between the parties that the
line was ' from the High Shoals on Apalatebe, the old path, leaving Stone Mountain
to the Creeks, to the shallow ford on the Chatahoochee.'
"This agreement was in presence of the commissioners of the United States and
witnessed by General Pickens and Colonel Hawkins. On the 10th October, 18uy, a
letter was sent from the Cherokees to the Creeks and received in February in the
public square at Tookauliatche, stating the line agreed upon at Fort Wilkinson, and
that 'all the waters of Etowah down to the ten islands below Turkeytowu these
lands were given up to the Cherokees at a talk at Chestoe in presence of the Little
Prince, and Tustunnuggee Thlueco Chulioah, of Tnrkeystowu, was the interpreter.'
"In August, 1814, at the treaty of Fort Jackson, the Creeks and Cherokees were in-
vited to settle their claims, and Colonel Meigs was engaged for three or four days in
aiding them to do so. The result was they could not agree, but would at sOme con-
venient period agree. This was signed by General Jackson, Colonel Hawkins, and
Colonel Meigs.
"At the convention with the Creeks, in September, 1815, the Cherokees manifested
a sincere desire to settle their boundaries with the Creeks, but the latter first declined
and then refused. Tustunnuggee Thlueco, being asked where their boundary was
west of Coosau, said there never was any boundary fixed and known as such between the
parties, and after making Tennessee the boundary from tradition, and that the Chero-
kees obtained leave of them to cross it, the policy of the Creeks receiving all de-
stroyed red people in their confederacy, the Cherokees were permitted to come over
and settle as low down on the west of Coosau as Haulnthee Hatchee, from theuce on
the west side of Coosau on all its waters to its source. He has never heard, and he
has examined all his people who can have any knowledge on the subject, that the
Cherokees had any pretensions lower down Coosau on that side. He does not believe,
and he has never heard, there was any boundary agreed upon between them. Being
asked by Colonel Hawkins his opinion where the boundary should be, he says it
272 CHEROKEE NATION OF INDIANS.
CHKKOKEES PLKAD WITH CONGRESS AND THE; PRESIDENT KOR JUSTICE.
A delegatiou of the Cherokees, with John Eoss at their head, was
quartered in Wasliington during the gniater part of the winter of
1832-33, bringing to bear in behalf of their nation every possible in-
fluence upon both Congress and the Executive. A vohiminous corre-
spondence was conducted between .them and the War Department ui)on
the subject of their proposed removal. In a comnmuicatiou on the 2Sth
of January, 1833, they ask leave to say that, notwithstanding the various
jierplexities which the Cherokee people had experienced under the
course of policy pursued toward them, they were yet unshaken in their
objections to a removal west of the Mississippi River. On the question
of their rights and the justice of their cause, their minds were equally
unchangeable. They were, however, fully sensible that justice and
weakness could not control the array of oppressive power, and that in
the calamitous effects of such power, already witnessed, they coukl not
fail to foresee with equal clearness that a removal to the west would
be followed in a few years by consequences no less fatal.
They therefore suggested for the consideration of the President,
whether it would not be practicable for the Government to satisfy the
claims of Georgia by granting to those of her citizens who had in the
lotteries of that State drawn lots of land within Cherokee limits other
should go up Hauhithee Hatchoe, passing a level of good land between two mount-
ains, to tbe bead of Itcbaii Hatcbee, and down tbe .same to Tennessee, about S or 9
miles above Nickajijck. In tbe year 1793 tbe Cberokees had a settlement at tbe Mus-
cle Sboal.s, Doublebead and Katagiskee were the chiefs, and the Creeks had a small
settlement above the Creek path on Tennessee. Tbe Cherokee settlement extended
southwardly from the shoal probably a mile and a half. The principal temporary
agent for Indian affairs south of the Ohio was early instructed in 1777 to ascertain
the boundarj' line of the four nations, and instructions were given accordingly by
bim to Mr. Binsraore and Mr. Mitchell to aid iu doing it. Several attempts were
made, but all proved abortive, owing to tbe policy of tbe Creeks, which was to
unite tbe four nations in one confederacy and the national affairs of all to be iu a
convention to be held annually among the Creeks, where the speaker for the Creeks
should preside.
"At every attempt made amoug tbe Creeks when these conveutions met, tbe answer
was, 'We have no dividing lines, nor never bad, between us. We have lines only
between us and tbe white people, our neighbors.' At times, when tbe subject was
discussed in the convention of the Creeks, tbey claimed Tombigby, called by them
Cboctaw River (Choctau Hatcbee), the boundary line between them and the Choc-
taws. Tustunneggee Hopoie, brother of the old Efau Hajo (mad dog), who died at
ninety-sis years of age, and retained strength of memory and intelligence to this
great age, reported publicly to tbe agent, ' When be was a boy bis father's hunting
camp was at Puttaucbau Hatcbee (Black Warrior).' His father had long been at the
head of the Creeks, and always told bim ' Choctaw River was their boundary with
the Chootaws.' He never saw a Choctaw hunting camp on this side the Black War-
rior.
"A true copy from the original.
"PHIL. HAWKINS, Jr.,
"Ast. A. I. A."
rotcj:.] TKEATY op DECEMBER 29, 1835. 273
lands of the United States lying within the Territories and States of
the Union, or in some other way.
The Premlent urges their assent to removal. — The Secretary of War, in
replying for the President (February 2, 1833), was unable to see that any
practicable plan could be adopted by which the reversionary rights
held under the State of Georgia could be purchased upon such terms
as would justify tlie Government in entering into a stipulation to that
effect. iSTor would it at all remove the difficulties and embarrassments
of their condition. They would still be subject to the laws of Georgia,
surrounded by white settlements and exposed to all those evils which
had always attended the Indian race when placed in immediate contact
with the white population. It was only by removing from these sur-
roundings that they could expect to avoid the fate which had already
swept away so many Indian tribes.
Rep'y of John Rons. — Ross retorted, in a communication couched in
diplomatic language, that it was with great diffidence and deep regret
he felt constrained to say, that in this scheme of Indian removal he
could see more of expediency and policy to get rid of the Cherokees
than to perpetuate their lace upon any permanent, fundamental prin-
ciple. If the doctrine that Indian tribes could not exist contiguous to
a white population should prevail, and they should be compelled to
remove west of the States and Territories of this republic, what was to
prevent a similar removal of them from there for the same reason ?
Without securing any promises of relief, and without reaching any
definite understanding with the executive authorities of the Govern-
ment, the delegation left for their homes in March, 1S33. The}' agreed,
however, to lay before their national council in' the ensuing JMay a prop-
osition jnade to them by the President, ofi'ering to pny them §2,500,000
in goods for their lands, with the proviso that they should remove theai-
selves at their own expense.' This proposition, it is hardly necessary
to remark, was not favorably considered by the council, tliough the
Secretary of War designated- Mr. Benjamin F. Curry to attend the
meeting and urge its acceptance.
Alleged attempted bribery of John Ross. — In this connection a story
having been given currency that the Government had offered Chief
Eoss a bribe, provided he would secure the conclusion of a treaty of
cession and i-emoval, the Commissioner of Indian Affairs denied it as
being " utterly without foundation, and one of those vile expedients
that uni)rincipled men sometimes practice to accomplish an evil pur-
pose," and as being "too incredible to do much injury."^ While this
story was perhaps without solid foundation in fact, its improbability
would possibly^ have been more evident but for the fact that only five
years earlier the Secretary of War had appointed secret agents and
' Letter of Secretary of War to Goveruor Lumpkin, of Georgia, March 12, 1833.
- .March -Jl, 1833.
'Commissioner of Indian Affairs to Agent Montgomery, April '22, 1H3:!.
5 ETH IS
271 CHEROKEE NATION OF INDIANS.
authorized them to expend $2,000 in bribing the chiefs for this very
purpose, and had made his action in this respect a matter of public
record.
CHEROKEES PHOPOSE AX ADJUSTMEXT.
In January, 1834, a few weeks after the assembling of Congress, the
Cherokee delegation again arrived in AYashington.' Sundry inter-
views and considerable correspondence with the War Department
seemed barren of results or even hope. The delegation submitted^ a
proposition for adjustment in another form. Remarking upon their
feeble numbers, and surrounded as they were by a nation so powerful
as the United States, they could not but clearly see, they said, that their
existence and permanent welfare as a people must depend upon that
relation which should eventually lead to an amalgamation with the
people of the United States. As the prospects of securing this object
collectively, in their present location in the character of a territorial or
State government, seemed to be seriously oi)posed and threatened by
the States interested in their own aggrandizement, and as the Chero-
kees had refused, and would never voluntarily consent, to remove west
of the Mississippi, the question was propounded whether the Govern-
ment would enter into an arrangement on the basis of the Cherokees
becoming prospectively citizens of the United States, provided the
former would cede to the United States a portion of their territory for
the use of Georgia; and whether the United States would agree to
have the laws and treaties executed and enforced for the effectual pro-
tection of the Cherokees on the remainder of their territory for a defi-
nite period, with the understanding that upon the expiration of that
period the Cherokees were to be subjected to the laws of the States
within whose limits they might be, and to take an individual standing
as citizens thereof, the same as other free citizens of the United States,
with liberty to dispose of their surplus lands in such manner as might
be agreed upon.
Cherol-cc proposals declined. — The reply^ to this proposition was that
the President did not see the slightest hope of a termination to the em-
barrassments under which the Cherokees labored except in their re-
moval to the country west of the Mississii)pi.
Troposal of Andrew Ross. — In the mean time'' Andrew Eoss, who was
a member of the Cherokee delegation, suggested to the Commissioner
of Indian Affairs that if he were authorized .so to do he would ])roceed
to the Cherokee country and bring a few chiefs or respectable individ-
uals of the nation to Washington, with whom a treaty could be effected
for the cession of the whole or part of the Cherokee territory. His plan
1 Secret.iry of War to Governor Lumpkin, of Georgia, January 28, 1S34.
-Marcli 28, 1834.
^Mayl, 1S34.
<JIareh3, 1834.
RovcE.l . TREATY OF DECEMBER 2.), 1^55. 2(0
was ai)i)rovecl, witli the understaudiiig that if a treaty should be cou-
cluded the expenses of the delegation would be paid by the United
States. Eoss succeeded in asscmbliug some fifteen or twenty Oherokees
at the Cherokee agency, all of whom were favorable to the scheme of
emigration. Under the self-styled appellation of a committee, they pro-
ceeded to appoint a chief and assistant chief in the persons of William
Hicks and John Mcintosh, and selected eight of their own number as
the remainder of the delegation to visit Washiugton.'
Protest of John Ross and thirteen thousand Cherol-ees. — Upon their ar-
rival Hon. J. H. Eaton was designated - to conduct the negotiations
with them. During the pendency of the negotiations Mr. Eaton ad-
vised John Eoss of the pur^jose in view and solicited his co-operation
in the scheme. Mr. Eoss refu.sed ^ this proposal with much warmth,
and took occasion to add in behalf of the Cherokee Nation that "in the
face of Heaven and earth, before God and man, I most solemnly pro-
test against any treaty whatever being entered into with those of
whom you say one is in progress so as to ati'ect the rights and interests
of the Cherokee Nation east of the Mississipjii Eiver."
Chief Eoss also i)resented a iirotest, alleged to Lave been signed by
more than thirteen thousand Cherokees, against the negotiation of such
a treaty.
Preliminary treaty concluded tcith Andreio Ross et al. — Disregarding
the protest of Chief Eoss and distrusting the verity of that pui-porting
to have been so numerously signed in the nation, the negotiations
proceeded, and a treaty or agreement was concluded on the 19th day of
June, 1834. The treaty provided for the opening of emigrant enrolling
books, with a memorandum heading declaring the assent of the sub-
scriber to a treaty yet to be concluded with the United States based
upon the terms previously offered by the President, covering a cession
and removal, and with the proviso that if no such subsequent treaty
should be concluded within the next few months then the subscribers
would cede to the United States all their right and interest in the
Cherokee lands east of the Mississippi. In consideration of this they
were to be removed and subsisted for one year at the expense of the
United States, to receive the ascertained value of their improvements,
and to bo entitled to all such stipulations as should thereafter be made
in favor of those who should not then remove.
The treaty, however, failed of ratification, though the enrolling books
were opened^ and a few of the Cherokees entered their names for em-
gration.
CHEROKEES MEMORIALIZE CONGRESS.
While the negotiations leading up to the conclusion of this treaty
were in progress John Eoss and his delegation, finding no disposition
' Letter of John Ross and others to Secretary of War, inclosing protest, May 24, 1834.
^ Letter of Hon. J. H. Eaton to John Ross, May 26, 1834.
^ May 29, 1834.
■• Secretary of War to govorncr of Georgia, July 6, 1834.
27G CHEROKEE NATION OF INDIANS.
on the part of the executive authority to enter into a discussion of
Cherokee affairs predicated upon any other basis than an abandonment
by them of their homes and country east of the Mississii)pi, presented ^
a memorial to Congress comphiining of the injuries done them and
praying for redress. Without affecting to pass judgment on the merits
of the controversy, the writer thinks this memorial well deserving of re-
production here as evidencing the devoted and pathetic attachment with
which the Cherokees clung to the land of their fathers, and, remembering
the wrongs and humiliations of the past, refused to be convinced that
justice, prosperity, and happiness awaited them beyond the Mississippi.
The memorial of the Cherokee Nation respectfully showeth, that they approach
your honorable bodies as the representatives of the people of the United States, in.
trusted by them under the Constitution witli the exercise of their sovereign power, to
ask for protection of the rights of your memorialists and redress of their grievances.
They respectfully represent that their rights, beiug stipulated by numerous solemn
treaties, which guaranteed to them protection, and guarded as they supposed bylaws
enacted by Congress, they had hoped that the approach of d.inger would be pre-
vented by the interposition of the power of the Executive charged with the execu-
tion of treaties and laws; and that when their rights should come in question they
would be iin.ally and authoritatively decided by the judiciary, whose decrees it
would be the duty of the Executive to see carried into effect. For many years these
their just hopes were not disappointed.
The public faith of the United States, solemnly pledged to them, was duly kept in
form and substance. Happy under the parental guardianship of the United States,
they .applied themselves assiduously and successfully to learu the lessons of civiliza-
tion and peace, which, in the prosecution of a humane and Christian policy, the
United States caused to be taught them. Of the advances they have made under the
influence of this benevolent system, they might a few years ago have been tempted
to spe.ak with pride and satisfaction and wilh grateful hearts to those who have
been their instructors. They could have pointed with pleasure to the houses they
bad built, the improvements they had made, the fields they were cultivating ; they
could have exhibited their domestic establishments, and shown how from wandering
in the forests many of them had become the heads of families, with fixed habitations,
each the center of a domestic circle like that which forms the happiness of civilized
man. They could have shown, too, how the arts of industry, human knowledge, and
letters had been introduced amongst them, and how the highest of all the knowledge
had come to bless them, teaching them to know and to worship the Christian's God,
bowing down to Him at the same seasons .and in the same spirit with millions of His
creatures who inhabit Christendom, and with them embracing the hopes and promises
of the Gospel.
But now each of these blessings has been made to them an instrument of the keen-
est torture. Cupidity has fastened its eye upon their lands and their homes, and is
seeking by force and by every variety of oppression and wrong to expel them from
their lands and their homes and to tear them from all that has become endeared to
them. Of what they have already suffered it is impossible for them to give the de-
tails, as they would make a history. Of what they are menaced with by unlawful
power, every citizen of the United States who reads the public journals is aware. In
this their distress they have appealed to the judiciary of the United States, where their
Tights have been solemnly established. They have appealed to the Executive of the
United States to protect these rights according to the obligations of treaties and the
injunctions of the laws. But this appeal to the Executive has been made in vain.
'May 17, 1834.
KOYCE] TREATY OF DECEMBER 20, 1835. 277
111 the liopo tb.it by yielding something of their clear rights Ihey might succeed in
obtaiiiiug security for the remainder, they have lately opened a corresiiondeuce with
the Executive, ofl'ering to make a considerable cession from what had been reserved
to them by solemn treaties, only upon condition that they might be protected in the
part not ceded. But their earnest supplication has been unheeded, and the only an-
swer they can get, informs them, in substance, that they must be left to their fate, or
renounce the whole. AVhat that fate is to be unhappily is too plain.
The State of Georgia has assumed jurisdiction over tliem, has invaded their terri-
tory, lias claimed the right to dispose of their lands, and has actually proceeded to
dispose of them, reserving only a small portion to individuals, and even these por-
tions are threatened and will no doubt, soon bo taken from them. Thus the nation
is stripped of its territory and individuals of their property without the least color of
right, and in open violation of the gu.arantee of treiities. At the same time the
Cherokees, deprived of the protection of their own government and laws, are left
without the iirotection of any other laws, outlawed as it were and exposed to indigni-
ties, imprisonment, persecution, and even to death, though they have committed no
offense whatever, save .and except that of seeking to enjoy what belongs to them,
and refusing to yield it up to those who have no pretense of title to it. Of the acts
of the legislature of Georgia your memorialists will endeavor to furnisli copies to
your honor.able bodies, and of the doings of individuals they will furnish evidence if
required. And your memorialists further respectfully represent that the Executive
of the United St.ates has not only refused to protect your memorialists against the
wrongs they have suffered and are still suffering at the hands of unjust cupidity, but
has done much more. It is but too plain that, for several years past, the power of
the Executive h.as been exerted on the side of their oppressors and is co-operating
with them in the work of destruction. Of two particulars in the conduct of the Ex-
ecutive your memori.alists would make mention, not merely as matters of evidence
but iis specific subjects of complaint iu addition to the more general ones .already
stated.
The iirst of these is the mode adopted to oppress and injure your memorialists under
color of enrollments for emigration. Untit iiersons are introduced as agents, acts are
practiced by them that are unjn.st, unworthy, and demoralizing, and have no object
but to force your memorialists to yield and abandon their rights by making their lives
intolerably wretched. They forbear to go into particulars, which nevertheless they
are prepared, at .a proper time, to exhibit.
The other is calculated also to weaken and distress your memorialists, and is e.ssen-
tially unjust. Heretofore, until within the last four years, the money appropriated
by Congress for annuities has been paid to the nation, by whom it was distributed and
used for the benefit of the nation. And this method of jiayment was not only sanc-
tioned by the usage of the Government of the United States, but was acceptable to the
Cherokees. Yet, without any cause known to your memorialists, and contrary to
their just expectations, the payment has been withheld for the period just mentioned,
on the ground, then for the first time assumed, that the annuities were to be paid, not
as hitherto, to the nation, but to the individual Cherokees, each his own small
fraction, dividing the whole according to the numbers of the nation. The fact is, that
for the last four years the annuities have not been paid at all.
The distribution in this new way was impracticable, if the Cherokees had been
willing thus to receive it, but they were not willing ; they have refused and the an-
nuities have remained unpaid. Your memori-alists forbear to advert to the motives
of such conduct, leaving them to be considered and ai^preciated by Congress. All
they will say is, that it has coincided with other measures adopted to reduce them
to poverty and despair and to extort from their wretchedness a concession of their
guaranteed rights. Having failed in their efforts to obtain relief elsewhere, your
memorialists now appeal to Congress, and respectfully pray that your honorable bodies
will look into their whole case, and that such measures may be adopted as will give
them redress and security.
278 CHEROKEE NATION OF INDIANS.
TREATY NEGOTIATIONS RESUMED.
Rival delegations headed by Boss and Eidgc. — But little else was doue
aud iiractically nothing was accomplished until the following winter.
Early in February, 1835, two rival delegations, each claiming to repre-
sent the Cherokee Nation, arrived in Washington. One was headed
by John Eoss, who had long been the principal chief and who was the
most intelligent and influential man in the nation. The rival delega-
tion was led by John Eidge, who had been a subchief and a man of
some considerable influence among his people.' The Eoss delegation
had been consistently and bitterly opposed to any negotiations having
in view the surrender of their territory and a removal west of the
Mississippi. Eidoe, and his delegation, though formerly of the same
mind with Eoss, had begun to perceive the I'utility of farther opposi-
tion to the demands of the State aud national authorities. Feeling
the certainty that the approaching crisis in Cherokee affairs could have
but one result, and perceiving an oi)portunity to enhance his own im-
portance and to secure the discomfiture of his hitherto more powerful
rival, Eidge caused it to be intimated to the United States authorities
that he aud his delegation were prepared to treat with them upon the
basis previously laid down by President Jackson of a cession of their
territory and a removal west.
Eev. J. F. Schermerhorn was therefore appointed,- and instructions
were prepared authorizing him to meet Eidge and his ])arty and to ascer-
tain on what terms an amicable and satisfactory arrangement could be
made. After the instructions had been delivered to Mr. Schermerhorn,
but before he had commenced the negotiation, Eoss and his party re-
quested to be allowed to make a proposal to be submitted to the Presi-
dent for his approval. He was assured that his ])roposal would be
considered, and in the mean time Mr. Schermerhorn was requested to
suspend his operations. So much time, however, elapsed before any-
thing more was heard from Eoss and his party that the negotiations with
the Eidge party were proceeded vrith. They terminated in a general
understanding respecting the basis of an arrangement, leaving, how-
ever, many of the details to be filled up. The total amount of the
various stipulations provided for, as a full consideration for the cession
of their lands, was 83,250,000, besides the sum of $150,000 for depreda-
tion claims. In addition, a tract of 800,000 acres of land west of the
Mississippi was to be added to the territory already promised them,
amounting iu the aggregate, including the western outlet, to about
13,800,000 acres.^
'The Ross dek-jjation was composed of John Ross, R. Taylor, Daniel JlcC'oy, Sam-
uel Guutcr, aud William Rogers. The Ridge delegation consisted of John Ridge,
William A. Davis, Elias Bondinot, A. Smitli, S. AV. Bell, and J. West.
-February 11, ls35.
^Memorandum delivered by Secretary of War to Senator King, of Georgia, Feb-
ruary '28, 1835.
RovcE] TREATY OF DECEMBER 29, ]e35. 279
Proposition of John lioss. — Uu the 25tli ofFebruaiy, IJossaud his dele-
gatioa, finding that the negotiations with Eidge were proceeding, sub-
mitted a proposition for rcmo\al based upon an allowance of $20,000,000
for the cession of the territory and the payment of a class of claims of
nncertain number and value. This was considered so unreasonable as
to render the seriousness of his jjropositiou doubtful at the time, but it
■wa,s finally modified by an assertion of his willingness to accept such
sum as the Senate of the United States should declare to be just and
proper.^ Thereupon a statement of all tiie facts was placed in the
Hands of Senator King, of Georgia, who submitted the same to the Sen-
ate Committee on Indian Affairs on the 2d of March. It was not con-
templated that any arrangement made with these Cherokee delegations
at this time should be definitive, but that the Cherokee people s-hould be
assembled for the purpose of considering the subject, and their assent
asked to such propositions as they might deem satisfactory.
Resolution of United States Senate on John Rosses 2)r<>2)osit ion. — Tiie Sen-
ate gave the matter prompt consideration, and on the Cth of ^larch the
Secretary of War advised Mr. Eoss that by a resolution they had stated
their opinion that " a sum not exceeding $5,000,000 should bo paid to the
Cherokee Indians for all their lands and possessions east of the Missis-
sippi Eiver," and he was invited to enter into negotiations upon ihat
basis, but declined to do so.
Preliminary treaty conehided nith the Ridyc party. — The treaty between
Schermei'horn and the Eidge party was thereupon completed with some
modifications and duly signed on the 14th of March, but with the ex-
press stipulation that it should receive the approval of the Cherokee
people in full council assembled before being considered of any binding
force. The consideration was changed to read $4,500,000 and 800,000
acres of additional laud, but in the main its provisions differed but little
in the important objects sought to bo secured from those contained in
the treaty as finally concluded, December 2tt, 1835.
Schermcrhorn and Carroll appointed to complete the treaty. — In the
mean time,^ two days after the conclusion of the preliminary Eidge
treaty. President Jackson issued an address to the Cherokees, inviting
them to a calm consideration of their condition and prospects, and urg-
ing upon them the benefits certain to inure to their nation by the ratifica-
tion of the treaty just concluded and their removal to the western country.
This address was intrusted to Eev. J. F. Schermerhorn and General Will-
iam Carroll, whom the President had appointed on the 2d of April as
commissioners to complete in the Cherokee country the negotiation of
the treaty.
General Carroll being unable on account of ill-health to proceed from
Nashville to the Cherokee Nation, Mr. Schermerhorn was compelled to
assume the responsibilities of the negotiation alone. The entire sum-
' Memorandum delive red by Secretary of War to Senator King, of Georgia, February
2f?, 1835.
2 March IG, 1835.
280 CHEROKEE NATION OF INDIANS.
mer and fall were spent iu endeavors to reconcile differences of opinion,
to adjust feuds among the different factions of the tribe, and to secure
some definitive and consolidated action. Meeting with no substantial
encouragement, he suggested, in a communication to the Secretary of
Wai-,^ two alternative propositions, by either of which a treaty might
be secured.
These propositions were: (1) That the appraising agents of the Gov-
ernment should ascertain from intiuentical Cherokees their own opinion
of the value of their improvements, and promise them the amount, if
this estimate should be iu any degree reasonable, and if they would
take a decided stand in favor of the treaty and conclude the same. (2)
To conclude the treaty with a portion of the nation only, should one
with the whole be found impracticable, and compel the acquiescence
of the remainder in its provisions.
He was at once^ advised of the opposition of the President to any
such action. If a treaty could not be concluded upon fair and open
terms, be must abandon the effort and leave the nation to the conse-
quences of its own stubbornness. He must make no particular promise
to any individual, high or low, to gain his co-operation. The interest of
the whole must not be sacrificed to the cupidity of a few, and if a treaty
was concluded at all it must be one that would stand the test of the
most rigid scrutiny.
The Ridge treaty rejected. — The Cherokee people in full council at
Red Clay, in the following October, rejected the Ridge treaty. Mr.
John Ridge and Elias Boudinot, who had been the main stay and sup-
jjort of Mr. Schermerhorn in the preceding negotiations, at this council,
through fear or duplicity and unexpectedly to him, abandoned their
support of his measures and coincided with the preponderance of Chero-
kee sentiment on the subject. In his report of this failure to bring the
negotiations to a successful termination Commissioner Schermerhorn
says : " I have pressed Ross so hard by the course I have adopted that
although ho got the general council to pass a resolution declaring that
they would not treat on the basis of the $5,000,000, yet he has been forced
to bring the nation to agree to a treaty, here or at Washington. They
have used every effort to get by me and get to Washington again this
winter. They dare not yet do it. You will perceive Ridge and his
friends have taken apparently a strange course. I believe he began to
be discouraged iu contending with the power of Ross; and perhaps also
considerations of personal safety have had their influence, but the Lord
is able to overrule all things for good.'"
Council at New Echota. — During the session of this council notice was
given to the Cherokees to meet the United States commissioners on
the third Monday in December following, at New Echota, for the pur-
1 September 10, 1835.
-September 26, 1835.
^Senate Document I'JO, Twenty-fifth Congress, second session, p. 124.
liOTCE-l TREATY OF DECEMBER 2:1, 1835. 281
pose of negotiating and agreeing upon the terms of a treatj\ The no-
tice M'as also printed in Cherokee and circulated throughout the nation,
informing the Indians that those who did not attend would be counted
as assenting to any treaty that might be made.' In the mean time
the Eoss delegation, authorized by the Eed Clay council to conclude a
treaty either there or at Washington, finding that Schermerhorn had
no authority to treat on any other basis than the one rejected by the
nation, proceeded, according to their people's instructions, to Washing-
ton. Previous to their departure, John Eoss was arrested. This took
place immediately upon the breaking up of the council. He was de-
tained some time under the surveillance of a strong guard, without any
charge against him, and ultimately released witliout any apology or ex-
planation. At this arrest all his papers were seized, including as well
all his ])rivate correspondence and the proceedings of the Cherokee
conucil.^ In accordance with the call for a council at New Echota
the Indians assembled at the appointed time and place, to the number
of only thiee to five hundred, as reported^ by Mr. Schermerhorn him-
self, who could hardly be accused of any tendency to underestimate the
gathering. That gentleman opened the council December 22, 1835, in
the absence of Governor Carroll, whose health was still such as to pre-
vent his attendance. The objects of the council were fully explained,
the small attendance being attributed to the influence of John Eoss.
It was also suggested by those unfriendly to the proposed treaty as a
good reason for the absence of so large a proportion of the nation, that
the right to convene a national council was vested in the principal
chief, and they were unaware that that oiflcei''s authority had been del-
egated to Mr. Schermerhorn. -
Those present resolved on the 23d to enter into negotiations and ap-
pointed a committee of twenty to arrange the details with the Commis-
sioner and to report the result to the whole council.
The following five days were occuqied by the commissioner and the
committee in discussing and agreeing ujion the details of the treaty,
one point of difference being as to whether the $5,000,000 consideration
for their lands as mentioned iu the resolution of the Senate was meant
to include the damages to individual property sustained at the hands
of white trespassers.
The Indians insisted that $300,000 additional should be allowed for
that purpose, but it was finally agreed that the treaty should not be
presented to the Senate without the consent of their delegation until
they were satisfied the Senate had not included these claims in the sum
named iu the resolution of that body. It was also insisted by the Cher-
okee committee that reservations should be made to such of their people
' See proceedings of council.
-National Intelligencer, May 22, 1838.
^ Schermerliorn to Commissioner of Indian Affairs, December 31, 1835.
282 CHEROKEE NATION OF IND-IANS.
as desired to remain in their liomes and become citizens of tbe United
States.
As a compromise of this demand, it was agreed bj- tbe United States
commissioner to allow pre-emptions of 160 acres each, not exceeding
400 in number, in the States ot North Carolina, Tennessee, and Ala-
bama, to such heads of Cherokee families only as were qualified to
become useful members of society. None were to be entitled to this
privilege unless their applications were recommended by a committee
of their own people (a majority of which committee should be composed
of those members of the tribe who were themselves enrolled for removal)
and approved by the United States commissioners. The latter also
proposed to make the reservations dependent upon the approval of the
legislatures of the States within which they might be respectively
located, but to this proposition a strenuous objection was offered by the
Indians.
The articles as agreed upon were reported by the Cherokee committee
to their people, and were approved, transcribed, and signed on the 29th.
The couucil adjourned on the 30th, after designating a committee to
proceed to Washington and urge the ratification of the treaty, clothed
witli power to assent to any alterations made necessary by the action
of the President or Senate.'
Commissioner Schermerhorn reports conclusion of a treaty. — Immedi-
ately following the adjournment of the council, Commissioner Schemer-
horn wrote the Secretary of War, saying: "I Lave the extreme pleasure
to announce to you that yesterday I concluded a treaty. * * * Ross
after this treaty is prostrate. The power of the nation is taken from
him, as well as the money, and the treaty will give general satisfac-
tion." 2
Supplemental treaty concluded. — Several provisons of the treaty met
with the disapproval of the President, in order to meet which supple-
mentary articles of agreement were concluded under date of March 1,
1830,^ wherein it was stipulated that all pre-emption rights provided
for should be declared void; also that, in lieu of the same and to cover
expenses of removal and payment of claims against citizens of the
United States, the sum of $600,000 should be allowed them in addition
to the five millions allowed for cession of territory. And, furthermore,
that the $100,000 stipulated to be expended for the poorer class of
Cherokees who should remove west should be placed to the credit of
the general national fund.^
Opposition of the Ross party. — Whilst these events were happening,
and strenuous efforts were being made to encourage among Senators a
'See report of proceedings of council.
^National Intelligencer, May 22, 183S.
^United States Statutes at Large, Vol. VII, p. 488.
■•In addition to these sums, an appropriation of |l, 047, 067 was made by tbe act of
June 13, 1838, in full of all objects specified in the third supplemental article and fur
the one year's sub-isteuce provided for in tlie treaty.
ROY.CE.] TREATY OF DECEMBER 29, 1835. 283
seutimeut favorable to the ratificatiou of the treaty, John Eoss was
manifesting his usual zeal and activity in the opposite direction. Early
in the spring of 1S3G he made his appearance in Washington, accom-
panied by a delegation, and presented two protests against the ratifica-
tiou of the treaty, one purporting to have been signed by Cherokees
residing within the limits of Nortli Carolina to the number of 3,250,
and the other representing the alleged sentiments of 12,714: persons
residing within the main body of the nation. Mr. Eoss also demanded
the payment of the long withheld annuities to himself as the duly au-
thorized representative of the nation, which was declined unless special
direction to that efiect should be given by an authentic vote of the tribe
from year to year. He was further assured that the President had
ceased to recognize any existing government among tlie Eastern
Cherokees.'
Treaty ratified by United States Senate. — In spite of the oi)i)Ositiou of
Mr. Eoss and his party, the treaty was assented to by the Senate by
one more than tlie necessary two-thirds majority,^ and was ratified and
proclaimed by the President on the 23d of May, 1830.^ By its terms
two years were allowed within which the nation must remove west of
the Mississijipi.
Measures for execution of the treaty.— Preparatory steps were prom ptly
taken for carrying the treaty into execution. On the 7th of June Gov.
Wilson Lumpkin, of Georgia, and Gov. William Carroll, of Tennessee,
were designated as commissioners under the t7th article, and vested
with general supervisory authority over the execution of the treaty.
The selection and general supervision (under the foregoing commission-
ers) of the agents to appraise the value of Cherokee improvements was
placed in charge of Uenjamin F. Cnrry, to whom detailed instructions
were given^ for his guidance. General John E. Wool was placed in
command of the United States troops within the Cherokee Kation, but
with instructions^ that military force should only be applied in the
event of hostilities being commenced by the Cherokees.
The Ross party refuse to acqidesce. — John Eoss and his delegation,
having returned home, at once proceeded to enter upon a vigorous
campaign of opposition to the execution of the treaty. Ue used every
means to incite the animosity of his people against Eidge and his
friends, who had been instrumental in bringing it about and who were
favorable to removal. Councils were held and resolutions were adopted
denouncing in the severest terms the motives and action of the United
States authorities and declaring the treaty in all its iirovisious abso-
' Commissioner of Indian Affairs to John Ross, March 9, 1836.
-Hon. P. JI. Butler, in a confidential letter to the Commissioner of Indian Affairs,
March 4, 18-4^, says : " The treaty, as the Department is aware, was sustained by the
Sepate of the United States by a majority of one vote."
'United States Statutes at Large, Vol. YII, p. 4T8 et seq.
* July 25, 1830.
^ July 30, 1836.
284 CHEROKEE NATION OF INDIANS.
lutcly mill aud void.' A copj- of these resolutions having been traus-
mitted to the Secretary of War by General Wool, the former was di-
rected" by the President to express his astonishment that an ofiflcer ot
the Army should have received or transmitted a i)aper so disrespectful
to the Executive, to the Senate, and through them to the people of the
United States. To prevent any misapprehension on the subject of the
treaty the Secretary was instructed to repeat in the most explicit terms
the settled determination of the President that it should be executed
without modification and with all the dispatch consistent with proi)riety
and justice. Furthermore, that after delivering a copy of this letter to
Mr. Ross no further communication should be held with him either
orally or iu writing in regard to the treaty.
To give a clearer idea of the actual state of feeling that pervaded the
Cherokee Nation on the subject of removal, as well as the character of
the methods that distinguished the negotiators on the part of the
United States, a few quotations from the letters and reports of those in
a position to observe the passing events may not be inappropriate.
REPORT (IK .MA.JOH DAVIS.
Maj. William M. Davis had been appointed an agent by the Secretary
of War for the enrollment of Cherokces desirous of removal to the
West and for the appraisement of the value of their improvements. He
had gone among the Cherokees for this specific jiurpose. He held his
appointment by the grace and permission of the President. It was
natural that his desire should be strongly in the line of securing the
Executive approval of his labors.
Strong, however, as was that desire he was unable to bring himself
to the support of the methods that were being iiursued in the negotia-
tion of the projjosed treaty. On the oth of March following the con-
clusion of the treaty of lS3i5, he wrote the Secretary of War thus:
I conceive that my duty to the President, to yourself, and to my country, reluct-
antly compels me to make .a statement of facts in relation to a meeting of a small
number of Cherokees at New Echota last December, who were met by Mr. Schermer-
horn and articles of a general treaty entered into between them for the whole Chero-
kee Nation.
* * * I should not interpose in the matter at all hut I discover that you do not
receive impartial iaformation on the subject; that you have to depend upon the
ex purle, partial, and interested reports of a person tvIio will not give you the truth.
I will not be silent when I see that you are about to be imposed on by a gross and
base betrayal of the high trust reposed in Rev. J. F. Scherinerhorn by you. His con-
duct and course of policy was a series of blunders from first to last. » » » It has
been wholly of a partisan character.
'The Secretary of War, October 12, 1836, directed General Wool to inform Mr. Ross
that the President regarded the proceedings of himself and associates iu council as in
direct coutravention of the plighted faith of theii jjeople, and a repetition of them
would be considered as indicative of a design to prevent the execution of the treaty
even at the hazard of actual hostilities, and they would be promptly repressed.
^October 17, la36.
KOYCE.J TREATY OF DECEMBER 29, 1635. 285
Sir, tliat paper » » • called a treaty is no treaty at all, because not sanctioned
l)y the great body of the Cherokees and made -svithout their participation or assent.
I solemnly declare to you that upon its reference to the Cherokee people it would be
instantly rejected bynine-tenthsof theniand I believe by nineteen-twentieths of them.
There were not present at the conclusion of the treaty more than one hundred Chero-
kee voters, and not more than three hundred, including women and children, although
the weather was everything that could be desired. The Indians had long been noti-
fied of the meeting, and blankets were promised to all who would come and vote for
the treaty. The most cunning ani\ artful means were resorted to to conceal the
paucity of numbers present at the treaty. No enumeration of them was made by
Schcrmcrhoru. The business of making the treaty was transacted with a committee
appointed by the Indians present, so as not to expose their niimbers. The power of
attorney under which the committee acted was signed only by the president and sec-
retary of the meeting, so as not to disclose their weakness. » » • jji-_ gchermer-
horn's apparent design was to conceal the real number present and to impose on the
public and the Government upon this point. The delegation taken to Washington
by Mr. Schermerhorn had no more authority to make a treaty than any other dozen
Cherokees accidentally picked up for that purpose. I now warn you and the President
that if this paper of Schermerhorn's called a treaty is sent to the Senate and ratified
you will bring trouble upon the Government and eventually destroy this (the Chero-
kee) nation. The Cherokees are a peaceable, harmless people, but you may drive
them to desperation, and this treaty cannot be carried into effect except by tlio strong
arm of force.'
EI.IAS nOUDIXOT'S VIEWS.
About tills time there also appeared, iu justilicatiou of tbe treaty and
of his own action iu signing it, a pamphlet atldress issued by Elias
Boudinot of the Cherokee Nation. Mr. Eoudiuot was one of the ablest
and most cultured of his people, and had long- been the editor and pub-
lisher of a newspai)er iu the nation, printed both in English and Chero-
kee. The substance of his argument in vindication of the treaty may
have been creditable from the standpoint of policy and a regard for the
future welfare of his people, but iu the abstract it is a dangerous doc-
trine. He said :
We cannot conceive of the acts of a minority to be so reprehensible atd unjust as
are represented by Mr. Ross. If one hundred persons are ignorant of their true situa-
tion and are so comjiletely blinded as not to see the destruction that awaits them, we
can see strong reascms to justify the action of a minority of fifty persons to do what
the majority would do if they understood their condition, to save a nation from i)0-
litical thralldom and moral degradation. -
SPEECH OF GENERAL R. G. DONLAP.
It having been extensively rumored, during the few months imme-
diately succeeding the conclusion of the treaty, that John Eoss and
other evil disposed persons were seeking to incite the Cherokees to out-
break and bloodshed, the militia of the surrounding States were called
into service for the protection of life and property from the supposed
existing dangers. Brig. Gen. E. G-. Duulaii commanded the East
' Senate confidential document, April 12, 1330, p. 200.
-National Intelligencer, May 22, 1838.
286 CHEROKEE NATION OF INDIANS.
Tennessee volunteers. In a speech to his brigade at their disband-
ment in September, 1836, he used the following language :
I forthwitb visited all the jiosts witbiii the first three States and gave the Chero-
kees (the -whites needed none) all the protection in my power. » » » ]viy course
has excited the hatred of a few of the lawless rablile in Georgia, who have lung played
the part of unfeeling iiotty tyrants, and that to the disgrace of the jirond character
of gallant soldiers and good citizens. I had determined that I ■would never dishonor
the Tennessee arms in a servile service hy aidiug to carry into execution at the
point of the bayonet a treaty made by a lean minority against the will and authority
of the Cherokee people. » » » j soon discovered that the Indians had not the
most distant thought of war with the United States, notwithstanding the common
rights of humanity and justice had been denied them.'
l!i;POHT OF GKXEKAL JOIIX E. WOOL.
Again, February 18, 1837, General John E. Wool, of the United States
Army, who had been ordered to the command of the troops that were
being concentrated in the Cherokee country " to look down opposition"
to the enforcement of the treaty, wrote Adjutant-General Jones, at
Washington, thus :
I called thera (the Cherokees) together and made a short speech. It is, however,
vain to talk to a people almost universally opposed to the treaty and who maintain
that they never made such a treaty. So determined are they in their opposition that
not one of all those who were present and voted at the council held but a day or two
since, however poor or destitute, would receive either rations or clothing from the
United States lest they might compromise themselves in regard to the treaty. These
same people, as well as those in the mountains of North Carolina, during the summer
past, preferred living upon the roots and sap of trees rather than receive provisions
from the United States, and thousands, as I have been informed, hadnoother food fur
weeks."
Four mouths later,^ General Wool again, in the course of a letter to
the Secretary of War concerning the death of Major Curry, who had
been a prominent factor in promoting the conclusion of the treaty of
1835, said that —
Had Carry lived he would assuredly have been killed by the Indians. It is a truth
that you have not .a single agent, high or low, fh.at has the slightest moral control
over the Indians. It would be wise if persons appointed to civil stations in the na-
tion could be taken from among those who have had nothing to do with making the
late treaty.
KErORT OF JOHN MASON, JR.
In further testimony concerning the situation of aflairs in the Cher-
okee Nation at this period, maybe cited the report of John Mason, jr.,
who was in the summer of 1837' sent as the confidential agent of the
War Department to make observations and report. In the autumn'
of that year he reporti d that —
The chiefs and better informed part of the nation are convinced that they cannot
retain the country. But the opposition to the treaty is unanimous and irreconcilable.
' National Intelligencer, May 22, 1838.
-June 3, 1S37.
^July 15, 1837.
•* September 2.5, 1837.
BOYCE.] TREATY OF DECEMBER 2!1, ls35. 287
They say it cauuot biud tliciu because they did not make it ; that it was made by a
few uuaiithorizcd individuals; that the nation is not a party to it. * * * They
retain the forms of their government in tlieir proceedings among themselves, though
they have had no election since 1830 ; the chiefs and headmen then in power having
been authorized to act until their government shall again Tie regularly constituted.
Under this arrangement John Koss retains the post of principal chief. » » » xhe
influence of this chief is unbounded and unquestioned. The whole nation of eighteen
thousand persons is with him, the few, about three hundred, who made the treaty
having left the country. It is evident, therefore, that Ross and his party are in fact
the Cherokee Nation. * » * Many who were opposed to the treaty have emigrated
to secure the rations, or because of fear of an outbreak. » * » The officers say
that, with all his power, Ross cannot, if he would, change the course he has hereto-
fore pursued and to which he is held by the fixed determination of his people. He
dislikes being seen in conversation with white men, and particularly with agents of
the Government. Were he, as matters now stand, to advise the Indians to acknowl-
edge the treaty, he would at once forfeit their confidence and probably his life. Yet
though unwavering in his opposition to the treaty, Ross's influence has constantly
been exerted to preserve the peace of the country, and Colonel Lindsay says that
he (Ross) alone stands .at this time between the whites and bloodshed. The opposi-
tion to the treaty on the jiart of the Indians is unanimous and sincere, and it is not
a mere political game played by Ross for the maintenance of his ascendancy in the
tribe.
IIKXRV clay's sympathy WITH THK CTIEROKEE.S.
It is interestiug ia this connectiou, as indicating the strong and wide-
spread public feeling manifested in the Cherokee question, to note that
it became in some sense a test question among leaders of the two great
political parties. The Democrats strenuously upheld the conduct of
President Jackson on the subject, and the Whigs assailed him with ex-
treme bitterness. The great Whig leader, Henry Clay, in replying' to
a letter received by him from John Guntcr, a Cherokee, took occasion
to express his sympathy with the Cherokee people for the wrongs and
sufferings experienced by them. He regretted them not only because
of their injustice, but because they inflicted a deep wound on the char-
acter of the American Eepublic. lie supi)osed that the principles
which had uniformly governed our relations with the Indian nations had
been too long and too firmly established to be disturbed. They Lad
been proclaimed in the ucgotiation with Great Britain by the commis-
sioners who concluded the treaty of peace, of whom he was one, and any
violation of them by the United States he felt with sensibility. By
those principles the Cherokee Nation had a right to establish its own
form of government, to alter and amend it at pleasure, to live under its
own laws, to be exempt from the United States laws or the laws of any
individual State, and to claim the protection of the United States. He
considered that the Chief Magistrate and his subordinates had acted iu
direct hostility to those principles and had thereby encouraged Georgia
to usurp powers of legislation over the Cherokee Nation which she did
not of right possess.
' September 30, 1836.
288 CHEROKEE NATION OF INDIANS.
POLICY OF THE PRESIDENT CRITICISED — SPEECH OF COL. DAVID CROCKETT.
Among many men of note who denounced in most vigorous terms the
policy of the Administration toward the Cherokees were Daniel Webster
and Edward Everett, of Massachusetts ; Theodore Frelinghuysen, of
New Jersej" ; Peleg Sprague, of Maine ; Henry B. Storrs, of New York ;
Henry A. Wise, of Virginia ; and David Crockett, of Tennessee. The
latter, in a speech in the House of Eeprcsentatives, denounced the treat-
ment to which the Indians had been subjected at the hands of tlie Gov-
ernmeut as unjust, di.'^houest, cruel, and shortsighted in the extreme.
He alluded to the fact tliat he represented a district which bordered on
the domain of the southern tribes, and that his constituents were per-
haps as immediately interested in the removal of the Indians as those
of any other member of the House. His voice would perhaps not be
seconded by that of a single fellow member living within oOO miles of
his home. He had been threatened that if he did not sup]>ort the
policy of forcible removal his imblic career would be summarily cutoff.
But while he was perhaps as desirous of pleasing his constituents and
of coinciding with the wishes of his colleagues as any man in Congress,
he could not permit himself to do so at the expense of his honor and
conscience in the support ot such a measure. He believed the Ameri-
can people could be relied on to approve their Representatives for dar-
ing, in the face of all opposition, to perform their conscientious duty,
but if not, the approval of his own conscience was dearer to him than
all else.
Governor Lumpkin, immediately upon his appointment as commis-
sioner, had repaired to the Cherokee country, but Governor Carroll,
owing to some pending negotiations with the Choctaws and subse-
quentlj' to ill health, was unable to assume the duties assigned him.
He was succeeded' by John Kenneily. To this commission a third
member was added in the summer of 1837^ in the person of Colonel
Guild, who was found to be ineligible, however, by reason of being a
member of the Tennessee legislature. His place was supjilied by the
appointment ' of James W. Gwin, of North Carolina.
On the 22d of December James Liddell was also appointed, r/ce Gov-
ernor Lumpkin resigned. *
' October 25, 183(3. •
-Secretary of War to Andrew Jacksou, August 21, 1837.
^ October IG, 1837.
<The amounts acljudicateil and paid by this commission, as shown by the records
of the Indian Office (see Commissioner of Indian Affairs' letter of March 7, 1844),
were as follows :
1. For improvements $1,083, 192 77^
2. Spoliations 416, 30(5 82|
3. National debts due to Cherokees '. 19,0.58 14
4. National debts due to citizens of the United States .'il,642 87
5. Reservations 159,-324 67
Total 2.329.524 86
(The figures as given here are correctly copied from the commissioner's letter, but
there is an obvious error either in the footing or in the items.)
TREATY OF DECEMBER 29, 1835.
289
Superintendent Currey Laving died, General Xatban Smith was ap-
jioiuted ' to succeed bini as snperiuteudeut of emigration.
Census of Cherolcee Nation. — It appears from a statement about this
time,- made by the Commissioner of Indian Affairs, that from a census
of the Cberolcees, taken in the year 183.5, the number residing in the
States of Georgia, North Carolina, Alabama, and Tennessee Avas 16,542,
exclusive of slaves and of whites intermarried with Cherokees.-'
In May, 1837,^ General Wool was relieved from command at his own
request, and his successor. Col. William Lindsay, was instructed to ar-
rest John Ross and turn him over to the civil authorities in case he did
anything further calculated to excite a spirit of hostility among the
Cherokees on the subject of removal. This threat, however, seemed to
have little effect, for we find Mr. Koss presiding over a general council,
convened at his instigation, on the 31st of July, to attend which the
Government hastily dispatched 'Mv. John INIason, jr., with instructions
to traverse and correct any misstatements of the position of the United
States authorities that might be set forth by Ross and his followers.
An extract from Mr. Mason's report has already been given.
Gherol-ee memorial in Congress. — Again, in the spring of 1838 Ross
laid before Congress a protest and memorial for the redress of griev-
ances, whicli, in the Senate, was laid upon the table'* by a vote of 36
to 10, and a memorial from citizens of New York involving an in-
quiry into the validity of the treaty of 1835 shared a similar fate in the
House of Representatives two days later by a vote of 102 to 75.
fipeeeli of Ilenry A. ^Vise. — The discussion of these memorials in
Congress took a wide range and excited the warmest interest, not only
in that body, but throughout the country. The speeches were charac-
terized by a depth and bitterness of feeling such as had never been ex-
ceeded even on the slavery question. Hon. Henry A. Wise, of Vir-
ginia, who was then a member of the House of Representatives from
that State, was especially earnest in his denunciation of the treaty of
1835 and of the administration that had concluded it. He looked
' January 3, 1837.
= December 1, 1830.
"■ This census showed a distrilmtion of the Cherokee popnlation, according to State
boundaries, as follows :
States.
Cherokees.
Slaves.
Whites in.
teiTDarried
■wifli
Cherokees.
8,946
3,644
2,528
1,424
776
37
480
299
68
In North Carolina
92
32
Total
16,542
1.592
^ Secretary of War to Col. William Lindsay, May 8, 1837.
■"•March 26, 1838.
5 ETH 10
210 CHEROKEE NATION OF INDIANS.
upon it as uiill and voiil. In order to make treaties binding- the assent
of both parties must be obtained, and he wouhl assert without fear of
contradiction that there was not one man in that House or out of it
who liad read the proceedings in the case who woukl say tliat there
had ever been any assent given to that treaty by tlie Cherokee Xation.
If this were the proper time he could go further alid show that Georgia
had done her part, too, in this oppression. He could show this by prov-
ing the ])olicy of that State in relation to the Indians and the institu-
tions of the General Government. That was the only State in the
Union that had ever actually nullifled, and she now tells you that if
the United States should undertake to naturalize any portion of the In-
dian tribes within her limits as citizens of the United States she would
do so again. He had not disparaged the surrounding people of Georgia,
far from it — "but" (said he) "there are proofs around us in this city of
the high advancement in civilization which characterizes the Clicrokees."
He would tell the gentleman from Georgia (Mr. Halsey) that a states-
man of his own State, who occupied a high and honorable post in this
Government, would not gain greatly by a comparison, either in civiliza-
tion or morals, with a Cherokee chief whom he could name. He would
fearlessly institute such a comparison between John lloss and John
Forsyth.'
Speech of Daniel Webster. — Mr. Webster, of Massachusetts, also took
occasion* to remark in the Senate that "there is a strong and growing
feeling in the country that great wrong has been done to the Cherokees
by the treaty of New Echota."
President Van Buren proffers a compromise. — Public feeling became
so deeply stirred on the subject that, in the interests of a compromise,
President Van Buren, in May, 1838, formulated a proposition to allow
the Cherokees two years further time in which to remove, subject to
the approval of Congress and the executives of the States interested.
Georgia hostile to the compromise. — To the communication addressed
to Governor Gilmer, of Georgia, on the subject, he responded :
* * * I can giveit no sauctiou whatever. The proposal could not be carried into
effect but in violation of the rights cf this State. * * * It is necessary that I
should know whether the President intends by the instructions to General Scott to
require that the Indians shall be maintained in their occupancy by an armed force in
opposition to the rights of the owners of the soil. If such be the intention, a direct
collision between the authorities of the State and the General Government must ensue.
My duty will require that I shall prevent any interference whatever by the troops
with the rights of the State and its citizens. I shall not fail to jjerform it.
This called forth a hurried explanation from the Secretaiy of War
that the instructions to General Scott were not intended to bear the
construction placed upon them by the executive of Georgia, but, on the
contrary, it was the desire and the determination of the President to
' Speech in reply to Mr. Halsey, of Georgia, January 2, 1838.
- May 22, 1838.
RovcB.J TREATY OF DECEMBER 2!1, 1835. 291
secure, the removal of the Cherokees at the earliest day practicable, and
he made no doubt it could be eft'ected the present season.'
GENERAL SCOTT ORDKRED TO COMMAND TROOPS IN TIIK CHEROKEE COUNTRY.
The executive machinery under the treaty had in the mean time been
placed in operation, and at the beginning of the year 1838, 2,103 Cher-
okees had been removed, of whom 1,282 had been permitted to remove
themsehes.^
Intelligence having reached the President, however, causing appre-
hension that the mass of the nation did not intend to remove as required
by the treaty General Winfield Scott was ordered-' to assume command
of the troops already in the nation, and to collect an increased force, com-
prising a regiment of artillery, a regiment of infantry, and six companies
of dragoons. He was further authorized, if deemed necessary, to call
upon the governors of Tennessee, North Carolina, Georgia, and Alabama
for militia and volunteers, not exceeding four thousand in number, and to
put the Indians in motion for the West at the earliest moment possible,
following the expiration of the two years specified in the treaty.
Proclamation of General Scott. — On reaching the scene of operations
General Scott issued'' a proclamation to the Cherokees in which he
announced that —
The Presideut of tUe Uuiteil States has seut me witli a i)oweifal army to cause you,
in obeilieuce to the treaty of 1835, to join that part of your people who are already
established in prosperity on the other side of the Mississippi. Unhappily the two
years » » » allowed for that purpose you have suffered to pass away * » »
without making any preparation to follow, and now * « * the emigration must
be commenced in haste. » * ♦ The full moon of May is already on the wane, and
before another shall have passed away every Cherokee, man, woman, and child *
* * must be in motion to Join their brethren in the far West. « * » This is no
sudden determination on the part of the Presideut. » * » I have come to carry out
that determination. My troops already occupy many positions, » » » and thou-
sands and thousands are approaching from every quarter to render resistance and
escape alike ho))eless. * « » Will you then by resistance compel us to resort to
arms? » * » Or will you by flight seek to hide yourselves in mountains and forests
and thus oblige us to hunt you down ? Remember that in pursuit it may be impos-
siblq to avoid conflicts. The blood of the white man or the blood of the red man
may be spilt, and if spilt, however accidentally, it may be impossible for the discreet
and humane among you, or among us, to prevent a general war and carnage.
JOHN ROSS PROPOSES A NEW TREATY.
John Eoss, iinding no sign of wavering in the determination of the Pres-
ident to promptly execute the treaty, then submitted^ a project for the
negotiation of a new treaty as a substitute for that of 1835, and differing
' National Intelligencer, June 8, 1838.
- Secretary of War to James K. Polk, Speaker of the House of Representatives.^
January 8, 1838.
^ General Macomb to General Scott, April 6, 1838.
< May 10, 1838.
^'May, 18, 1838.
292 CHEROKEE NATION OF INDIANS.
but little from it iu its proposed provisions, except in the idea of secur-
ing a somewhat hirger consideration, as well as some minor advantages.
He was assured in reply that while the United States were willing to
extend every liberality of construction to the terms of the treaty of 1835
and to secure the Cherokee title to the western country by patent, they
could not entertain the idea of a new treaty.
As soon as it became absolutely apparent, not only that the Cherokees
tuust go but that no unnecessary delay would be tolerated beyond the
limit fixed hy the treaty, a more submissive spirit began to be mani-
fested among them. During the summer of 1838 several parties of emi-
grants were dispatched under the direction of officers of the Army.
The number thus removed aggregated about 0,000.'
CHEKOKEES PERMITTED TO KEMOVE THEMSELVES.
Later iu the season John Eoss and others, by virtue of a resolution
of the national council, submitted a proposition to General Scott that
the remainder of the business of emigration should be confided to the
nation, and should take place in the following September and October,
after the close of the sickly season, the estimated cost of such removal
to be fixed at $05.88 per head. To this proposal assent was given,^
and the last party of Cherokee emigrants began their march for the
West on the ith of December, 1838.^ Scattered through the mountains
of North Carolina and Tennessee, however, were many who had fled to
avoid removal , and who, nearly a year later, were represented to num-
ber 1,0-10,'' and Mr. James Murray was, in the spring of 1840, ap-
pointed'' a commissioner to ascertain and enroll for removal those en-
titled to the benefits of the treaty of 1835.
PISSEXSIOXS AMONG ClIEUOKEES IX THEIl! NEW HOME.
The removal of the Cherokees having at last been accomplished, the
next important object of the Government was to insure their internal
tranquillity, with a view to the increase and encouragement of those
habits of industry, thrift, and respect for lawfully constituted authority
which had made so much progress among them in their eastern home.
' Annual report of Commissioner of Indian Affairs, November 25, 1S38.
- Proposal %ya8 accepted July 2.5 : emigration to begin September 1 and cud ln-fora
October 20, 1838.
"Tbe number, according to the rolls of John Ross, who removed under bis direc-
tion, was 13,149. According to therollsof Captain Stevenson, the agent who received
them on their arrival West, there were only 11,504, and, according to Captain Page,
the disbursing officer, there were 11,721. Mr. Ross received on bis settlement with
Captain Page subsequent to the removal, $486,939.50^, which made a total payment
to Ross by the Government on account of Cherokee removals of 1^1,263,338.38. (Letter
of Commissioner Indian Affairs, June 15, 1842). See, also. Commissioner of ludiaa
Affairs to Coriimissioner of Land Office, January 9, 18:iy.
■• Commissioner of Indian Affairs to Secretary of War, September 12, 1839.
•'•April 21, 1840.
novcF..) TREATY OF DECEMBER 2!), 1-^35. 293
But this was an undertaking of mucli difficulty. The instrumentalities
used by the Government in securing- the conclusion and approval of not
only the treaty of 1835 but also those of 1817 and 181!) had caused
much division and bitterness in their ranks, which had on many occa-
sions in the past cropped out in acts of injustice and even violence.
Upon the coming togetlier of the body of the nation in their new
country west of the Mississippi, thej^ found themselves torn and dis-
tracted by ])arty dissensions and bitterness almost beyond hope of
reconciliation. The parties were respectively denominated :
1. The "Old Settler" party, composed of those Cherokees who had
prior to the treaty of 1835 voluntarily i-emoved west of the Mississippi,
and who were living under a regularly established form of government
of their own.
2. The " Treaty " or "Eidge" party, being that portion of the nation
led by John Eidge, and who encouraged and approved the negotiation
of the treaty of 1835.
3. The "Government" or " Eo.ss '' party, comin-isiug numerically a large
majority of the nation, who followed in the lead of John Eoss, for many
years the principal chief of the nation, and who had 1)een consistently
and bitterly hostile to the treaty of 1835 and to any surrender of their
territorial rights east of the Mississippi.
Upon the arrival of the emigrants in their new homes, the Eoss party
insisted upon the adoption of a new system of government and a code of
laws for the whole nation. To this the Old Settler party objected, and
were supported by the Eidge party, claiming that the government mul
laws already adopted and in force among the Old Settlers should con-
tinue to be binding until the general election should take place in the
following October, when the newly elected legislature could enact such
changes as wisdom and good policy should dictate.' A general coun-
cil of the whole nation was, however, called to mett at the new council-
house at Takuttokah, having in view a unification of interests and the
pacificatiou of all animosities. The council lasted from the 10th to
the 22d of June, but resulted in no agreement. Some six thousand
Cherokees were present. A second council was called by John Eoss
for a similar purpose, to meet at the Illinois campground on the 1st of
July, 1839.2
Murder of Boudinot and the Ridges. — Immediately following the ad-
journment of the Takuttokah council three of the leaders of the Treaty-
party, John Eidge, Major Eidge his father, and Elias Boudinot were
murdered^ in the most brutal and atrocious manner. The excitement
throughout the nation became intense. Boudinot was murdered within
300 yards of his house, and only 2 miles distant from the residence of
John Eoss. The friends of the murdered men were persuaded that the
' Report of Commissioner of Indiau Affairs for 1839.
-Letter of Joliu Ross to Geueral Arbnckle, Jnue 24, 1839.
Uune 22, 1«39.
294 CHEROKEE NATION OF INDIANS.
crimes had been committed at the instigatiqn of Eoss, as it was well
known that the murderers were among his followers. Eoss's friends,
however, at once rallied to his protection and a volunteer guard of six
hundred patrolled the country in the vicinity of his residence.'
A number of the chiefs and prominent men of the Old Settler and
Eidge parties Hed to Fort Gibson for safety. From there on the 2Sth
of June, John Brown, John Looney, John Eogers, and John Smith,
signing themselves as the executive council of the Western Cbero-
kees, addressed a proiiosition to John Eoss to send a delegation of the
chiefs and principal men of his party with authority to meet an equal
number of their own at Fort Gibson, with a view to reach an amicable
agi-eemeut between the different factious. Eoss responded^ by invit-
ing them to meet at the council convened upon his call on the 1st of July,
which was declined. A memorial was thereupon^ addressed to the
authorities of the United States by Brown, Looney, and Eogers as
chiefs of the Western Oherokees, demanding protection in the territory
and government guaranteed to them by treaty. Against this api>eal
the Eoss convention or council in session at Illinois camp-ground filed
a protest.^ Between the dates of the appeal and the protest a part
of the Old Settlers, acting in concert with Eoss and his adherents,
passed resolutions^ declaratory of their disapproval of the conduct of
Brown and Eogers, and proclaimed their deiwsition from office as
chiefs. Looney escaped deposition by transferring his fealty to the
Eoss party.
Unijlcatuin of Eastern and Wextern Cherohces. — It is projter to remark
in this connection that on the 12th of July the Eoss council adopted
resolutions uniting the Eastern and the Western Cherokees "into one
body politic under the style and title of the Cherokee Iv'ation." This
paper, without mentioning or referring to the treaty of 1835, speaks of
the late emigration as constrained by the force of circumstances.
The council also passed'' a decree, wherein after reciting the murders
of the Eidges and Boudinot, and that they in conjunction with others
had by their conduct rendered themselves liable to -the penalties of
outlawry, extended to the survivors a full amnesty for past offenses
upon sundry very stringent and humiliating conditions. They also
jjassed' a decree condoning the crime of the murderers, securing them
from any prosecution or jninishmeut by reason thereof, nnd declaring
them lully restored to the confidence and favor of the community.
Treaty of 1835 cleelared mid. — At a council held at Aquohee Gamp
a decree was passed on the 1st of August, declaring the treaty of 1835
' Agent Stokes to Secretary of War, June 24, 1839.
= July 5, 1839.
:' August 9, 1839.
'August 27, 1839.
■Augusts:!, 1839.
'July 7, 1839.
■July 10, 1839.
notcK] TREATY OF DECEMBER 29, 1835. 295
void, and reasserting the Clierokee title to tbeir old country east of the
Mississippi. Later m the same mouth a decree was passed,^ citing the
appearance before them, under penalty of outlawry, of the signers of the
treaty of 1S35, to answer for their conduct. This act called fortli^ a
vigorous protest from General Arbuckle, commanding Fort Gibson, and
was supplemented by instructions' to him from the Secretary of War
to cause the arrest and trial of lloss as accessory to the murder of the
Kidges in ease he should deem it wise to do so.
Constitution adopted by the Cherokee Nation. — A convention summoned
by Eoss and composed of his followers, together with such members of
the Treaty and Old Settler parties as could be induced to participate,
convened and remained iu session at Tahlequah from the 6th to the
10th of September, 18,39. This body adopted a constitution for the
Cherokee Xation, which was subsequentlj' accepted and adopted by the
Old Settlers or Western Cherokecs in council at Fort Gibson on the 26th
of the following June, and an act of union was entered into between
the two parties on that date.
Division of Cherokee territory proposed. — A jiroposition had been pre-
viously^ submitted by the representatives of the Treaty and Old Set-
tler parties, urging as the only method of securing peace the division
of the Cherokee domain and annuities. They recommended that General
Arbuckle and Captain Armstrong be designated to assign to them and
to the Eoss party each their proportionate share according to their
numbers, but the adoi)tion of this act of union avoided any necessity
for the further consideration of the proposal. As a means also of re-
lieving the Cherokees from further internal strife. General Arbuckle
had,^ pursuant to the direction of the Secretary of War, notified them
that, in consequence of his public acts, John Eoss would not be allowed
to hold office iu the nation, and that a similar penalty was denounced
against William S. Coody for offensive opinions expressed in the pres-
ence of the Secretary of War.*' Little practical eflect was however pro-
duced upon the standing or influence of these men with their ])eople.
Skeptical of the sincerity of the promises of peace and good feeling-
held out by the act of unification, John Brown, a noted leader and chief
of the Old Settler Cherokees, iu conjunction with many of his followers,
among whom were a number of wandering Delawares, asked and ob.
taiued permission from the Mexican Government to settle within tlie
jurisdiction of that power, and they were only persuaded to remain by
' August 21, 1839.
- September 4, 1839, et seq.
3 November 9, 1839.
< Jauuary 22, 1840.
= April 21, 1840.
'' Coody, iu au interview with tlie Secretary of War, persisted in considering tlie
murders of Boudinot and the Ridges as justifiable. C4eneral Arhuckle's letter of
notification bore date April 21, 1840.
296 CHEROKEE NATION OF INDIANS.
the earnest assurances of the Secretary of War that the United States
coukl and would fully protect their interests.'
CHEROKEES CIIAlitiE THE fXITED STATES WITH BAD FAITH.
No sooner had the removal of the Cherokees been effectually accom-
plished than the latter began to manifest much dissatisfaction at what
they characterized a lack of good faith on the part of the Government
in carrying out the stipulations of the treaty of 1835. The default
charged had reference to the matter of payment of their claims for
spoliations, improvements, annuities, etc. Each winter at least one dele-
gation from the nation maintained a residence in Washington and urged
upon the Executive and Congress with untiring persistency an adjudi-
cation of all disputed matters arising under the treatj'.
At length the term of President Van Buren expired and was suc-
ceeded by a Whig administration. Then as now, the ofiflcial acts of au
outgoing political party were considered to be the legitimate subject of
criticism aud investigation by its political enemies. President Harrison
lived but a month after assuming the duties of his office, but Vice-Presi-
dent Tyler as his successor considered that the treatment to which the
Cherokees had been subjected during Jackson's and Van Buren's ad-
ministrations would afford a field for investigation fraught with a rich
harvest of results in political capital for the Whig party.
President TyJir promises a new treaty. — Accordingly, therefore, in the
fall of 1841, just pi-evious to the departure of the Cherokee delegation
from Washington to their homes, the President agreed to take proper
measures for the settlement of all their ditUculties, expressing a de-
termination to open the whole subject of their comi)laints and to bring
their affairs to a satisfactory conclusion through the medium of a new
treaty. In conformity with this determination the Commissioner of In-
dian Affairs^ instructed the agent for the Cherokees to procure all the
information possible to be obtained upon every subject connected with
Cherokee affairs having a teudencj' to throw any light upon the wrongs
and injustice they might have sustained to the end that full amends
could so far as possible be made therefor. Before much information
was collected under the terms of these instructions a change seems to
have taken place in the views of the President, and the order for in-
vestigatiun was revoked. The draft of the new treaty was, however,
in tlie mean time prepared under direction of the Secretary of War. It
contained provisions regulating the licensing of traders in the Cherokee
country, the jurisdiction over crimes committed by citizens of the United
States resident in that country, the allotment of their lands in sevendty
by the Cherokee authorities, and the establishment of post-offices and
post-routes within their limits. It further contemplated the apiJoiut-
ment of two commissioners, whenever Congress should make provision
'Commissioner of Indian Affairs to Maj. William Armstrong, August 2G, 1840.
^ September 2-J, 1841.
KovcK.] TREATY OF DECEMBER 29, l^!35 297
tbert'for, whose duty it sliould be to examine into and malie a report to
that body upon the character, validity, and equity of all claims of what-
soever kind presented by Cherokees against the United States, and also
to aftbrd the Cherokees iieciiniary aid in the purchase of a printing press
and type as well as in the erection of a national council-house. This
treaty, however, was never consummated.
President Jacl;son^s method for compelling) Chcrol-cc removal. — In con-
nection with this subject of an investigation into the affairs of the Cher-
okees, a confidential letter is to be found on file in the office of the Com-
missioner of Indian Affairs, from Hon. P. M. Butler, of South Carolina,
who had a few months previous to its date^ been appointed United
States agent for the Cherokees, interesting as thi-owing light on the
negotiation and conclusion of the treaty of 1835. Mr. Butler says it is
alleged, and claimed to be susceptible of proof, that !Mr. Merriweather,
of Georgia, in an interview with President Jackson, a considerable time
before the treaty was negotiated, said to the President, " We want the
Cherokee lauds in Georgia, but the Cherokees will not consent to cede
them," to which the President emphatically replied, " You must get
clear of them [the Cherokees] by legislation. Take judicial jurisdiction
over their country ; build fires around them, and do indirectly what yon
cannot effect directly."
VV.R CAPITA I'AVMKNTS UXDKR THK TRl-.ATV.
In the same letter Mr. Butler, in alluding to the existing difliculties
in the Cherokee Nation, observes that prior to the preceding October
the Ross party had been largely in the ascendency in the nation, but
that at their last preceding election the question hinged upon whether
the "per capita" money due them under the treaty of 1835 should be
immetliately paid over to the people. The result was in favor of the
Ridge party, who assumed the affirmative of the question, the opposi-
tion of Ross and his party being predicated on the theory that an ac-
ceptance of this money would be an acknowledgment of the validity of
the treaty of 1835. This, it was feared, would have aii unfixvorable ef-
fect on their efforts to secure the conclusion of a new treaty on more
satisfactory terms. On the settlement of this per capita tax, Mr. Butler
remarks, will depend the peace and safety of the Cherokee Nation,
adding that should the rumors afloat prove true, to the effect that the
per capita money was nearly exhausted, neither the national funds in
the hands of the treasurer nor the life of Mr. Ross would be safe for
an hour from the infuriated members of the tribe.
I'Ol.niCAL MfHIlKUS IX CIlKltOKEK XATIOX.
In the spring of 1S4-! an event occurred which again threw the whole
nation into a state of the wildest excitement. The friends of the nmr-
' March 4, 1842.
298 cherokep: nation of Indians.
dered llidges aud Boudiuot bad never forgiven tlie act, nor liad time
served to soften the nieasiue of their resentment against the perpetra-
tors aud their sujiposed abettors. Stand "Watic bad long been a leader
among tbe Ridge party and bad been marked for assassination at the
time of tbe murders just alhided to. He was a brotbcr of John Eidge,
one of the murdered men, and be now, in virtue of bis mission as an
avenger, killed James Foreman, a member of tbe Eoss party and one of
tbe culprits in the murder of tbe Eidges. Altbougb Stand Watie ex-
cused his conduct on tbe score of having come to a knowledge of cer.
taiu threats against bis life made by Foreman, no event could at that
time have been more demoralizing and destructive of the earnestly de-
sired era of peace and good feeling among tbe Cherokee people. From
tbat time forward all hope of a sincere unification of tbe several tribal
factions was at an end.
ADJUDICATION COMMISSIONKHS Ari'OIXTED.
In the autumn of 1842' tbe President appointed John 11. Eaton aud
James Iredell as commissioners to adjudicate and settle claims under
tbe treaty of 183.^. ]\Ir. Iredell detrlincd, and Edward B. ITubley was
appointed- to fill bis place. This tribunal was created to continue tbe
uncompleted work of tbe board appointed in 1830 under tbe provisions
of tbe same article, tbe labors of which had terminated in March, 1839,
baving been in session more than two years.
TREATY CONCLUDED AUGUST 6, 1846 ; PROCLAIMED AUGUST 17, 1846."
Held at Wanh'nuiton, I). C, heticeen Edmund Burle, William Armstrotig,
and Albion K. Parris, commissioners on behalf of the United States,
and delegates representing each of the three factions of the Cheroltee
Nation, Icnown, respectively, as the " Government jid^ty,^ the " Treaty
party,''' and the " Old Settler party.""
MATERIAL PKOVISIONS.
The preamble recites tbe difficulties tbat have long existed between
tbe different factions of tbe nation, and because of tbe desire to heal
those differences and to adjust certain claims against the United States
growing out of the treaty of 1835 this treaty is concluded, and pro-
vides :
1. The lands now occupied by the Cherokee Isation shall be secured
to the whole Cherokee people for their common use and benefit. Tbe
United States will issue a patent therefor to include tbe SOO.OOOacre
tract and the western outlet. If the Cherokees become extinct or
abandon tbe land it shall revert to the United States.
1 September 9, 1842.
- November 8, 1842.
3 United States Statut.- ;it Laiyv, Vol. IX, p. .«71.
iiovcK.) TREATY OB" AUGUST C, 18-lt;. 299
2. All ditticiilties and differences heretofore existing between the
several parties of the Cherokee Nation are dedared to be settled and
adjnsted. A general amnesty for all offenses is declared and fngitives
may return without fear of prosecution. Laws shall be passed for the
equal protection of all. All armed police or military organizations shall
be disbanded and the laws executed by civil process. Trial by jury is
guaranteed.
3. The United States agree to reimburse to the Cherokee Xation all
sums unjustly deducted for claims, reservations, expenses, etc., from
the coDsideratiou of $.5,000,000 agreed to be paid under the treaty of
1835 to the Cherokees for their lauds, and to distribute the same as
provided in the ninth article of that treaty.
4. The board of commissioners recently appointed by the President
have declared that under the provisions of the treaty of 1S2S the " Old
Settlers," or Westeru Cherokees, had no exclusive title to the lands
ceded by that treaty as against the Eastern Cherokees, and that by
the equitable operation of that treaty the former acquired a common
interest in the Cherokee lands east of the Mississippi. This interest of
the "Old Settlers" was unprovided for by the treaty of 183.5. It is
therefore agreed that a sum equal to one-third of the residuum of per
capita fund left after a proper adjustment of the account for distribu
tiou under the treaty of 1835 shall be paid to said " Old Settlers," and
that in so doing, in estimating the cost of removal and subsistence, it
shall be based upon the rate fixed therefor in the eighth article of the
treaty of 1S35. In consideration of the foregoing the " Old Settlers"
release to the United States all interest in the Cherokee lands east of
the Mississippi and all claim to exclusive ownership in the Cherokee
lands west of the Mississippi.
5. The per capita allowance to the " Western Cherokees," or " Old
Settlers," upon the principle above stated, shall be held in trust by the
United States and paid out to each individual or head of family or his
representative entitled thereto in person. The President of the United
States shall appoint five persons as a committee from the " Old Settlers"
to determine who are entitled to the per capita allowance.
C. The United States agree to pay the " Treaty party " the sum of
$115,000 for losses and expenses incurred in connection with the treaty
of 1835, of which >!5,000 shall be paid to the legal representatives or
heirs of Major Ridge, -$5,000 to those of John Eidge, anil $5,000 to those
of Elias Boudinot. The remainder shall l)e distributed among those
who shall be certified by a committee of the " Treaty party" as entitled,
provided that the present delegation of the party may deduct $25,000,
to be by them apj)lied to the payment of claims and expenses. And if
the said sum of $100,000 should be insufficient to pay all claims for
losses and damages, then the claimants to be paid pro rata in full satis-
faction of said claims.
7. All individuals of the "Western Chei'okees" who have beendis-
300 CHEROKEE NATION OF INDIANS.
possessed of salines, the same being their ^private property, shall be
compensated therefor by the Cherokee Nation, upon an award to be
made by the United States agent and a Cherokee commissioner, or the
salines shall be returned to the respective owners.
8. The United States agree to pay the Cherokee Nation $2,000 for a
printing press, etc., destroyed; $5,000 to be equally divided among nil
whose arms were taken from them previous to their removal West by
order of an oflBcer of the United States, and $20,000 in lieu of all claims
of the Cherokee Nation, as a nation, prior to the treaty of 1835, except
lands reserved for school funds.
9. The United States agree to make a fair and just settlement of all
moneys due to the Clierokees and subject to the per capita division
under the treaty of December 20, 1835. Tliis settlement to embrace all
sums properly expended or charged to the Chei'okecs under the provis-
ions of said treaty, and which sums shall be deducted from the sum of
$0,047,007. The balance found due to be distributed per capita among
those entitled to receive the same under the treaty of 1835 and supple-
ment of 183C, being those residing east of the Mississippi Eiver at that
date.
10. Nothing herein .shall abridge or take away any riglits or chiinis
which the Cherokees now residing in States east of tlie Mississippi
Eiver had or may have under the treaty of 1835 and supplement of 1836.
11. It is agreed that the Senate of the United States shall determine
whether the amount exjiended for one year's subsistence of the Chero-
kees, after their removal under the treaty of 1835 and .supplement of
183G, is properly chargeable to the United States or to tlie Cherokee
funds, and, if to tlie latter, whether such subsistence shall be charged
at a sum greater than $33:\ per head; also, whether the Cherokees shall
be allowed interest upon the sums found to be due tbem : and, if so,
from what date and at v.'hat rate.
12. (The twelfth article was struck out by the Senate.)
13. This treaty to be obligatory after ratification by the Senate and
President of the United States.
HISTORICAL DATA.
CUERUKKES DESIKE A XEW TREATY.
In the spring, of 1841: a delegation headed by John Eoss arrived in
Washington. In a communication ' to the Secretary of War they in-
closed a copy of a letter addressed to them by President Tyler on the
20th of September, 1841, previously alluded to, promising them a new
treaty to settle all disputes arising under the treaty of 1835. They ad-
vised the Secretary of their readiness to enter upon the negotiation of
the promised treaty, and submitted^ a statement of the salient points of
1 May (i, lf'44.
•^May 30,1844.
lioYCE.) TREATY OF AUGUST 6, 1S4P. 301
dillei'euce to be adjuclicated, involviDg (1) a fair aud just iudemnity to be
paid to the Cherokee Nation for the country east of the Mississippi from
which th(?y were forced to remove ; (U) iudemnity for all improvements,
ferries, turnpike roads, bridges, etc., belonging to the Cherokees ; (3)
indemnity for spoliations committed upon all other Cherokee property
by troops and citizens of the United States prior and subsequent to the
treaty of 1835 ; (4) that a title in absolute fee-simple to the country west
of the Mississippi be conveyed to the Cherokee Nation by the United
States ; (5) that the political relations between the Cherokee Nation and
the United States be si^ecifically defined ; (C) that stocks now invested
by the President for the Cherokee Nation be guaranteed to yield a speci-
fied annual income, and (7) that provision be made for those Cherokees
residing east of the Mississippi who should evince a desire to emigrate
to the Cherokee country west of that river.
FEL'DS liETWEEX TItE liOSS, T1;E.\TY, AND OLD SETTLE!! P.\RTIES.
At this period delegations representing the anti-Eoss parties were
also in Washington, and their animosities, coupled with the frequent
and unsavory reports of the events happening in the Cherokee country,
determined the President to conclude no new ti-eaty until the true cause
was ascertained and the responsibility fixed for all this turbulence and
crime.i The Old Settler and the Treaty parties alleged that griev-
ous oppressions were pr.acticed upon them by the Eoss party, inso-
much that they were unable to enjoy their liberty, property, or lives
in safety, or to live in peace in the same community. The Old Set-
tler delegation alleged that the act of union, by virtue of which their
government was superseded and they were subjected to the consti-
tution and laws of the Eoss party, was never authorized or sanctioned
by tlie legal representatives of their people. Per contra, the Eos.s dele-
gation alleged that the Old Settler and the Treaty parties enjoyed the
same degree of security and the same fullness of rights that any other
portion of the nation enjoyed, and that the alleged dissatisfaction was
confined to a few restless and ambitious spirits whose motto was "rule
or ruin."
Commisaioncrs appointed to inquire into Chcrolce feuds. — In conse-
quence of his determination, as above stated, the President appointed
General E. Jones, Col. E. B. Mason, aud P. M. Butler commissioners,
with instructions^ to proceed to the Cherokee co^intry and ascertain if
any considerable portion of the Cherokee people were arrayed in hos-
tile feeling toward those who ruled the nation; whether a corresponding
disposition and feeling iirevailed among the majority who administered
the government toward the minority; the lengths of oppression, resist-
ance, aud violence to which the excitement of each against the other had
'Letter of Secretary of War to Comiuissioners Jones and Butler, October 13, 1844.
-October 18, 1844.
302 CHEROKEE NATION OF INDIANS.
severally led tbeopposiiigparties, aiul whether the tllscon tent was of such
exteut and intensity among the great mass of the Old Settler and Treaty
parties as to forbid their living peaceably together under the same gov-
ernment with the Ross party. Tliis commission convened at Fort Gib-
sou on the l(jth of November,' but their labors resulted in nothing of
practical benefit to the sorely distressed Cherokees.
DEATH OF SEQUOYAH OR GEOEGH GUESS.
Sequoyah or George Guess, the inventor of the Cheiokee alphabet, re-
moved to the country west of the Mississip]3i long anterior to the treaty
of 1835/ and was for several years one of the national council of the
Western Cherokees.
In the year 184:3 he left his home for Mexico in quest of several scat-
tered bands of Cherokees who. had wandered off to that distant region,
and whom it was his intention to collect together with a view to induc-
ing them to return and become again united with their friends and
kindred.
He did not meet with the success anticipated. Being quite aged,
and becoming worn out and destitute, he was unable without assistance
to make the return trip to his home. Agent Butler, learning of his
condition, reported the fact to the Indian Department^ and asked that
sufficient funds be placed at his disposal for the purpose of sending
messengers to bring the old man back. Two hundred dollars were au-
thorized^ to be expended for the purpose, and Oono-leh, a Cherokee,
was sent on the errand of mercy, but upon reaching Red River he en-
countered a party of Cherokees from Mexico who advised him that
Guess had died in the preceding July, and that his remains were in-
terred at San Fernando.^
OLD SETTLER AND TREATY PARTIES PROPOSE TO REMOVE TO MEXICO.
In the fall of 1845 the bulk of the Old Settler and Treaty parties,
having become satisfied that it would be impossible for them to maiu-
taiu a peaceful and happy residence iu the country of their adoption
while the influence of John Ross continued potent in their national
'Letter of General Jones to Coinmissioner of Indian Affairs, November 17, 1844.
- He was one of the chiefs of the Arkansas delegation who signed the treaty of May
6, 1828. (See United States Statutes at Large, Vol. VII, p. 314.)
'Letters of September 12 and November23, 1844, from Agent Butler to Commissioner
of Indian Affairs.
' Letter of Commissioner Indian Affairs to Agent Butler, January 17, 1845.
"Letter of Oo-no-leh to Agent Butler, May 15, 1845. Guess left a widow, a son, and
two daughters. Hon. T. L. McKenny, iu a letter to the Secretary of War, December
13, 1825, says: " His name is Guess, and he is a native and unlettered Cherokee. Like
Cadmus, he has given to the people the alphabet of their language. It is composed
of eighty-six characters, by which in a few days the older Indians who had despaired
of deriving an education by means of the schools » » » m.ay read and corre.spoud."
Agent Butler, iu his annual report for 1845, says: "The Cherokees who cannot speak
English acquire their own alphabet in twenty-four hours.''
RovcK.I TREATY OF AUGUST (i, 1S16. 303
goveriiiiieiit, resolved to seek for tbeiuselves a new Ijoiiie ou the borders
of Mexico. A council was therefore held at which a delegation (con-
sisting- of forty-three members of the Treaty and eleven of the Old
Settler party) was chosen to explore the country to the south and west
for a future abode. They rendezvoused' at the forks of the Canadian
and Arkansas Elvers, and, after electing a captain, i)roceeded via Fort
Washita, crossing the Ecd Itiver at Coffee's trading house, and follow-
ing the ridge dividing the waters of Trinity and Brazos to the latter
river, which they crossed at Baskj' Creek. Here they found a small
settlement of sixty-three Chcrokees, who had moved in the preceding
June from a place called by them Mount Clover, in Mexico.
Among their number was found Tessee Guess, the son of George
Guess. Leaving Brazos- the explorers traveled westward to the Colo-
rado, reaching it at the mouth of Stone Fort Creek,^ beyond which they
proceeded in a southwesterly direction to the San Sabba Creek, at a
point about 40 or 50 miles above its mouth. They returned on a line
some (50 miles south of their outgoing trip,^ ami with their friends held
a council at Dragoon Barracks in the Cherokee Nation.^ At this meet-
ing it was decided to ask the United States to provide them a home in
the Texas country upon their relinquishment of all interest in the
Cherokee Nation, or in case of a refusal of this request that the terri-
tory of the nation be divided into two parts, and a moiety thereof be
assigned to them with the privilege of adopting their own form of gov-
ernment and living under it.
The governor of Arkansas^ and General Arbuckle" both concurred
in the conclusions reached by this council, and urged ujion the author-
ities at Washington the necessary legislation to carry the same into
effect.
MOIiK POI.ITICAI. MUUDKIiS.
Shortly after the delegation selected by the foregoing council had
pi'oceeded to Washington in the interest of the adoption of the scheme
proposed, another epidemic of murder aud outrage broke out in the na-
tion. On the 23d of March, Agent JNIcKissick reported to the Indian
Department the murder of Stand, a prominent member of the Eoss
party, by Wheeler Fauglit, at the instigation of the "Starr boys," who
were somewhat noted leaders of the Treaty party. This murder was
committed in revenge for the killing of James Starr and others during
the outbreak of the preceding jS^ovember. It was followed" by the
' September 1, 1845.
- October 22, 1845.
^November 12, 1845. They explored up llie, valley of Stoue Fort Creek a distance
of 30 miles.
■•KeiJort of the exploring party to their council.
'-• January 19, 1846.
"Letter to the President, February 10, 184(i.
' Letter to the Secretary of War, February 12, 1846.
"April 2, 184G.
304 CHEROKEE NATION OF INDIANS.
murder of Cornsilk, another of Eoss's adherents, by these same "Starr
boys,'" and six days hiter the spirit of retaliation led, to the killing of
Turner, a member of the Treaty party. On the 25th of the same
month' Ellis, Dick, and Billy Starr were wounded by a band of Eoss's
Cherokee police, who chased them across the line of Arkansas in the
attempt to arrest them for trial before the Cherokee tribunals for the
murder of Too-uoowee two days before. General Arbuckle took them
under his protection, and refused to deliver them up for trial to the
Cherokee authorities until the latter should take proper steps to punish
the murderers of James Starr. Subsequently Baldridge and Sides, of
the Eoss party, were murdered by Jim and Tom Starr, in revenge for
which the light horse police company of the Eoss government mur-
dered Billy Eyder, of the Treaty ])arty.^
In this manner the excitement was maintained and the outrages mul-
tiplied until, on the 28th of August, Agent McKissick reported that
since the 1st of November preceding there had been an aggregate of
thirty-three murders committed in the Cherokee Nation, nearly all of
which were of a political character. The feeling of alarm became so
widespread that General Arbuckle was constrained to increase the mil-
itary force on the frontier by two companies.
NEGOTIATION OV TIlKATY OF 184C.
While these unhappy events were in progress Major Armstrong, su-
]>erintt'ndent of Indian affairs, who was in Washington, submitted to
the Commissioner of Indian Affairs, at the suggestion of the several
Cherokee delegations, a proposition for the appointment of a commis-
sioner clothed with full ]>owers to adjust all difficulties between the
various factions of their i)eople.
The Commissioner replied that as the matter was before Congress and
would likely receive the speedy attention of that body, no action would
be justified by the executive authorities without first being assured
that the proposition was founded in good faith and would result in some
certain and satisfactory arrangement. He must also have assurance
that there existed a firm determination on the part of the Department
and of Congress to bring these troubles to a close before the adjourn-
ment of the latter body. The Commissioner, however, drew up a mem-
orandum agi-eemeut for the signature of the several delegations of
Cherokees representing the different factions of the tribe. It provided
for the appointment of three commissioners, whose duty it should be to
examine into all matters in controversy and adjust the same, and that
all parties should abide absolutely by their decision, agreeing to execute
and sign such treaty or other instrument of agreement as should be
considered necessary to insure the execution of the award of the com-
' Letter of Agent McKissick to Commissioner Indian Aflairs. May 12, 1846, and Gen-
eral Arbuckle to Adjutant-General, April 28, 1840.
= Report of Agent McKissick .July 4, 184(3.
KOYCE.J TREATY OF AUGUST 6, 1846. 305
missioDers.' This agreement was duly signed by the members of the
several delegations present in "Washington, and in pursuance of its pro-
visions President Polk appointed'^ Edmund Burke, William Armstrong,
aud Albion K. Parrls commissioners with the powers; and for the pur-
l)oses above indicated. These commissioners at once entered into com-
munication and negotiation with the three delegations representing the
difterent factions of the Cherokee l^ation, which were then in "Wash-
ington, aiul the result was the conclusion of the treaty- of August C,
1840, ^ in thirteen articles, making detailed provision for the adjustment
of all questions of dispute between the Oherokees themselves and also
for the settlement of all claims by the Cherokees against the United
States.* This treaty, with some slight amendments, was rati lied and
proclaimed by the President on the 17th of the same mouth ; an abstract
of its provisions has already been presented. It was not until this
treaty that the Eoss party ever consented in any manner to recognize
or be bound by the treatj' of 1835.^
Objects of the treat;/. — The main ])rii)ciple involved in the negotiation
of the treaty of 184G had been the disposition on the part of the United
States to reimburse to the Cherokee fund sundrj' sums which, although
not justly chargeable upon it, had been improperly paid out of that
fund.''' In the treaty of 1835 the United States had agreed to pay to
the Cherokees $5,000,000 for their lands and $600,000 for spoliations,
claims, expenses of removal, etc." By the act of June 12, 1838," Con-
gress appropriated the further sum of $1,0-17,067 for expenses of re-
moval. As all these sums were for objects expressed in the treaty of
1835, the commissioners who negotiated the treaty of 1846 regarded
them as one aggregate sum given by the United States for the lands of
the Cherokees, subject to the charges, expenditures, and investments
provided foi' iu the treaty. This aggregate sum was appropriated and
placed in the Treasury of the United States, to be disposed of according
to the stipulations of the treaty. The United States thereby became
the trustee of this fund for the benefit of the Cherokee people, and wei-e
bound to manage it iu accordance with the well known principles of
law and equity which regulate the relation of trustee and cestui que
trust.
Adjudication of the treaty of 1835. — In order, therefore, to carry out
the principle thus established by the treaty of 1846, Congress, by joint
' Commissioner Indian Affairs to Maj. William Armstrong, June 24, 1846.
•July 6, 1816.
' United States Statutes at Large, Vol. IX, p. 871.
* The subject of the North Carolina Cherokee interests was also referred to this com-
mission July 13, 184G.
' Report of Commissioner Indian Att'airs to Secretary Interior, January 20, 1855.
" Second Comptroller of the Treasury to Commissioner of Indian Aftairs, February
6, 1849.
'United States Statutes at Large, Vol. VII, p. 478.
» United States Statutes at Large, Vol. V, p. "241.
5 ETH 20
306 CHEROKEE NATION OF INDIANS.
resoliitioa of August 7, 1848,' required the prbper accounting' otHcers of
the Treasury to make a just and fair statement of account with the
Cherokee Nation upon that basis. The joint report of the Second Comp-
troller and Second Auditor was submitted to Congress- after a full and
thorough examination of all the accounts and vouchers of the several
officers and agents of the United States who had disbursed funds ap-
proi)riated to carry into effect the treaty of 18.35, and also of all claims
that had been admitted at the Treasury.
The result of this examination .showed that there had been paid —
For improvements $I,540,57'J 27
For ferries 159,572 12
For spoliations 264,894 09
For removal and subsistence and commutation therefor, including
$2,765.84 expended for goods for the poorer Cherokees under the fif-
teenth article of treaty of 1835, and including also necessary inci-
dental expenses of eurolling agents, conductors, commissioners, medi-
cal attendance, and supplies, etc 2,952, 19(i 26
For debts and claims upou the Cherokee Nation.. 101,348 31
For the additional quantity of land ceded to the nation 500. 000 00
For amount invested as the general fund of the nation 500,880 00
The aggregate of which sums is G, 019,463 05
which, being deducted from the sum of 6, 647, 067 00
agreeably to the directions of the ninth article of the treaty of 1846,
left a balance due the Cherokee Nation of 627 , 603 95
They also reported that there was a further sum of $96,999.31, charged
to the geueral treaty fund, which had been paid to the various agents
of the Government connected with the removal of the Indians and
which the Cherokees contended was an improper charge upon their
fund. The facts as to this item were submitted by the Auditor and
Comptroller without recommendation for the decision of the question
by Congress, and Congress, admitting the justice of the Cherokee claim,
included »this sum in the subsequent appropriation of February 27,
1851.3
It was also resolved^ by the United States Senate (as umpire under
the treaty of 184G) that the Cherokee Nation was entitled to the sum
of $189,422.76 for subsistence, being the difference between the amount
allowed by act of June 12, 1838, and the amount actually ]>aid and ex-
pended by the United States, and which excess was improperly charged
to the treaty fund in the report of the accounting otficers of the Treasury
just recited. It was further resolved that interest at 5 per cent, should
be allowed upon the sums found due the Eastern and Western Cherokees
respectively from June 12, 1838. The amount of this award was made
' United States Statutes at Large, Vol. IX, p. 339.
2 December 3, 1849.
'United States Statutes at Large, Vol. IX, p. 572.
■• September 5, 1850.
ROYiEl TREATY OP" AUGUST 6, 1846. 307
available to tbeChcrokees by Congressional appropriation of September
30, 1850.'
Sctth-mcnt of claims of " 0/(7 Sctthr''' j)arty.— By tlie fourth and liftli
articles of the treaty of 1840,^ provision is made and a basis fixed for
the settlement with that part of the Cherokee Xation known as " Old
Settlers " or " Western Cherokees," or, in other words, those who had
emigrated under the treaties of 1817,^ 1819,^ and 1828,^ and who were,
at the date of the treaty of 1835," an organized and separate nation of
Indians, whom the United States had recognized as such by the treaties
of 1828 and 1833" made with them. In making the treaty of 1835 with
the Cherokees east, which i>rovided for their final and complete transfer
to the country west, then occupied by the " Western Cherokees," and
guaranteed in perpetuity by two treaties, upon considerations alone
connectetl with them, the rights of the latter seem to have been forgot-
ten. The consequences of the influx of the Eastern Cherokees were such
that upon their arrival the " Old Settlers" were thrown into a hope-
less minority ; their government was subverted, and a new one, imported
with the emigrants coerced under the treaty of 1835, substituted in its
place.
To allay the discontent thus caused in the minds of the "Old Settlers,"
and to provide comiiensation to them for the undivided interest which
the United States regarded them as owning in the country east of the
Mississippi, under the equitable operation of the treaty of 1828, M'as
one of the avowed objects of the treaty of 184(5. To ascertain their in-
terest it was assumed that they constituted one-third of the entire
nation, and should therefore be entitled to an amount equal to one-
third of the treaty fund of 1835, after all just charges were deducted.
This residuum of the treaty fund, contemplated by the fourth article of
the treaty of 1810, amounted, as first calculated, to $1,571,340.55, which
would make the proportionate share of the " Old Settlers " amount to
the sum of $523,782.18. The act of September 30, 1850,'' made provis-
ion for the payment to the " Old Settlers," in full of all demands under
the provisions and according to the principles established in the fourth
article of the treaty of 1840, of the sum of $532,890.!JC with iiiterest at
5 per cent, per annum. This was coupled with the proviso that the
Indians who should receive the money should first respectively sign a
receipt or release acknowledging the same to be in full of all demands
under the terms of such article.
' Uuitecl states Statutes at Large, Vol. IX, p. 556.
2 Ibid., p. 871.
^ United States Statutes at Large, Vol. VII, p. 156.
* Ibid., p. 195.
'■ Ibid., p. 311.
"Ibid., p. 478.
' Ibid., p. 414.
" United States Statutes at Large, Vol. IX, p. 556.
308 CHEROKEE NATION OF INDIANS.
A year later,' when the " Old Settlers " were assembled for the ])ur-
jjose of receiving this per capita money, although their necessities were
such as to compel compliance with the conditions of payment, they en-
tered a written protest against the sum paid being considered in full of
all their demands, and apjiealed to the United States for justice, indi-
cating at the same time in detail wherein they were entitled to receive
large additional sums.
For many years this additional claim of tlie "Old Settlers" practi-
cally lay dormant. But toward the close- of the year 1875 they held
a convention or council at Tahlequah, the cai^ital of the Cherokee Na-
tion, and resolved to prosecute their claim to a "speedy, just, and final
settlement." To that end three of their people were appointed com-
missioners with full i)ower to prosecute the claim, employ counsel, and
to do all other necessary and i)i-oper things in the premises. The coun-
cil set apart and appropriated 35 per centum of whatever should be
collected to defray all the necessary expenses attendant upon such
prosecution and collection. Several subsequent councils have been
held about the subject,^ and the matter continued to be pressed ujion
the attention of Congress until, by the terms of an act approved
August 7, 1882,^ that body directed the Secretary of the Interior to
investigate this and other matters relating to the Cherokees and to
report thereon to Congress. Pursuant to the purjjose of this enactment,
Mr. C. C. Clements was apjiointed a special agent of the Interior De-
l)artmeut with instructions to make the required investigation. He
submitted three reports on the subject, the latter two being supple-
mental to and corrective of the first. From this last report^ it ai)pears
that he finds the sum of $421,053.08 to be due to the "Old Settler"
Cherokees, together with interest at 5 per cent, per annum from Sep-
tember 22, 1851. In brief his findings are —
1. That they received credit, under the settlement made under the
treaty of 184G, for one- third of the fund, and were chargeable with one-
third of the items properly taxable thereto.
2. Independent of article four of the treaty of 1840, the " Old Set-
tlers" were not chargeable with removal out of the $5,000,000 fund.
3. Independent of that article, thej- should not be charged out of the
$5,000,000 fund with the removal of the Eastern Cherokees, for three
reasons : (a) The " Old Settlers " removed themselves at their own ex-
pense ; (6) the Eastern Cherokees were not required to reimburse the
" Old Settlers" under the treaty of 1835; and (c) the Government was
required to remove the Eastern Cherokees.
4. They were uot properly chargeable with the removal of the lioss
' September 22, IfcSI.
- November 22, 1875.
'April 28, 1877, November 20, lfi80, November 17, 1881, and October 13, 1^)82.
* United States Statutes at Large, Vol. XXII, p. 328.
■'■January 31, 1883.
KOYCE] TREATY OF AUGUST 6, ]84(j 309
party of 13,148, because (a) the IJnited States were to remove tbem, and
(b) an appropriation of $1,047,007 was made for tbat purpose, for which
the " Old Settlers" received no credit in the settlement under the treaty
of 1S4G.
5. Having received credit for their proportion of tlie $000,000, under
article three of the treaty of 1S3G, they were chargeable with their pro-
portion of that fund used for removal, etc., i. c, 2,495 Indians at $53.33
per liead, amounting to $1.33,058.35.
C. The Eastern Cherokees were properly chargeable "with the re-
moval of the Eoss party, and therefore they received credit for the
$1,047,007 appropriated by the act of June 12, 1838.
7. In the settlement, the $5,600,000 fund was charged with the re-
moval and subsistence of 18,026 Indians at $53. 33^ per head, amount-
ing to $001,380.00.1
This report, with accompanying letters of the Commissioner of Indian
Affairs and the Secretary of the Interior, was transmitted to Congress
bj' the President, with a special message, on the 17th of December, 1883.
Other questions under the treaty of 1835. — Tiiere were two other ques-
tions about which the parties could not agree, and upon which, by the
eleventh article of the treaty of 1846, the Senate of the United States
was designated as the umpire. The first of these was whether the
amount expended for the one year's subsistence of the Eastern Chero-
kees, after their arrival in the West, should be borne by the United
States or by the Cherokee funds, and, if by the latter, theu whether sub-
sistence should be charged at a greater rate than $33J per head.
The Senate committee to whom the subject was referred for report to
that body found much difficulty, as shown by their report, in reaching
a just conclusion. They observed that the faulty numner in which the
treatj' of 1835 was drawn, its ambiguity of terms, and the variety of
constructions placed upon it, had led to a great embarrassment in ar-
riving at the real intention of the parties, but that upon the whole the
opinion seemed to be justified that the charge should be borne by the
United States. By a strict construction of the treaty of 1835, the ex-
pense of a year's subsistence of the Indians was no doubt a proper
charge upon the treaty fund and was so understood by the Government
at the time. In the original scheme of the treaty furnished the com-
missioners emjjowered to treat with the Indians this item was enumer-
ated among the expenditures, etc., to be provided for in its several
articles, and which made up the aggregate sum of $5,000,000 to be paid
for the Cherokee country. The Secretary of War, in a letter addressed
to John Eoss and others in 1830, had said that the United States, having
allowed the full consideration for their country, nothing further would
be conceded for expenses of removal and subsistence. The whole his-
tory of the negotiatiouof the treaty shows that the $5,000,000 was the
maximum sum which the United States were willing to pay, and that
'See Senate Executive Document No. 14, Forty-Eighth Congress, 1st session.
310 CHEROKEE NATION OF INDIANS.
this was not so mncli a consideration for the lauds aud possessions of
the Indians as an indemnity to cover tlie necessary sacrifices aud losses
in the surrender of one country and their removal to another.
Ou the other haud, among the circumstances establishing the ]>ro
priety of a contrary construction may be mentioned the language of the
eighth article of the treaty, that " the United States also agree aud
stipulate to remove the Cherokees to their new homes and to subsist'
them one year after their arrival there." This language imports pecu-
niary responsibility rather than a simple disbursement of a trust fund.
In the "talk" also which was seut^ by President Jackson to the In-
dians to explain the advantages of the projiosed treaty, he mentioned
that the stipulations offered " provide for the removal at the expense
of the United States of your whole people, aud for their subsistence a
year after their arrival in their new country."
It was also the common practice of the United States in removing
the Indian Iribes from one locality to another to defray the expense of
such removal, and this was done in the cases of their neighbors, the
Chickasaws, Choctaws, Creeks, and Seminoles. It is a matter of but
little surprise, therefore, that a conflicting interpretation of this treaty
through a series of years should have produced gra\e embarrassments.
Independent, however, of the literal provisions of the treaty of 1835,
there existed other grounds upon which to base a judgment favorable
to the claims of the Cherokees. The treaty with the supplementary
article was finally ratified on the 23d of May, 1S3(), and liy its provisions
the Cherokees were required to remove within two years. It had been
concluded (in the face of a protest from a large majority) with a small
nrinority of the nation. Within the two years those who had favored
the treaty had mostly emigrated to the West under its provisions.-
The large majority of the nation, adopting the counsels of John Eoss
had obstinately withstood all the elibrts of the Government to induce
them to adopt the treaty or emigrate. They had repudiated its obliga-
tion aud denounced it as a fraud upon the nation. In the mean time
the United States had appointed its agents under the treaty and col-
lected a large military force to compel its execution. The State of
Georgia had adopted a system of hostile legislation intended to drive
them from the country. She had surveyed their territory and disposed
of their homes and firesides by lottery. She had dispossessed them of
a portion of their lauds, subjected them to her laws, and at the same
tunc disqualified them from the enjoyment of any political or civil
rights. In this ;>osture of affairs, the Cherokees who had never aban-
doned the vain ho])e of remaining in the counti'y of their birth or of
obtaining better terms from the United States made new proposals
to the United States through John Eosa and others for the sale of
their country and emigration to the West. Still pursuing the idea that
' March 16, 1835.
i' Letter of John Mason, jr. to Secretary of War, Septemher 25, 1837.
ROTCE.I TREATY OF AUGUST 6, 1846. 311
they were aliens to the treaty of 1835 and unfettered hy its provisions,
they proposed to release all claim to their country and emigrate for a
named sum of money in connection with other conditions, among which
was the stipulation that they should be allowed to take charge of their
own emigration and that the United States should pay tlie expenses
thereof. To avoid the necessity of enforcing the treaty at the point of
the bayonet and to obtain relief from counter obligations to Georgia
by the compact of 1802 and to the Cherokees by the treaties of 1817
and 1810, the proposal was readily acceded to by the United States
authorities.
On the ISth of May, 1838, the Secretary of War addressed a reply to
the proposals of the Cherokee delegation, in which he said:
If it be desired by the Cherokee Nation that their own agents should have charge
of their emigration, their wishes will be couiplied with and instructions be given to
the commanding general in the Cherokee country to enter into arrangements with
them to that effect. With regard to the expense of this operation, which you ask
may he defrayed by the United States, in the opinion of the undersigned the request
onght to be granted, and an application for such further sum as may be required for
this purpose shall be made to Congress.
A recommendation was made to Congress in compliance with this
promise. Eased upon an estimate of the jirobablc cost thereof. Con-
gress by act of June 12, 1838,' appropriated the sum of $1,04^7,007 in
fall for all objects siieciBed in the third article of the treaty and the
farther object of aiding in the subsistence of the Indians for one year
after their renio\al, with the proviso that no part thereof should be de-
ducted from the $5,000,000 purchase money of their lands.
Here was a clear legislative affirmation of the terms offered by the
Indians and acceded to by the Secretary of War. It was a new con-
tract with the Ross party, outside of the treaty, or rather a new con-
sideration oflered to abide by its terms, by which the Secretary of War
agreed that the expenses of removal and subsistence, as provided
for by the treaty of 18.35, should be borne by the United States, and
Congress aflflrmed his act by providing that no part of the sum appro-
priated should be charged to the treaty fund. The appropriation thus
made proved wholly inadequate for the purposes of removal and subsist-
ence, the expense of which aggregated $2,952,190.20,^ of which the sum
of $972,844.78 was expended for subsistence. Of this last amount,
however, $172,310.47 was furnished to tlie Indians when in great desti-
tution upon their own urgent ajjplication, after the expiration of the
" one year," upon the understanding that it was to be deducted from
the moneys due them under the treaty. This left the net sum of
$800,528.31 paid for subsistence and charged to the aggregate fund. Of
this sum the United States provided by the act of June 12, 1838, for
$611,105.55, leaving unprovided for, the sum of $189,422.76. This,
■ United States Statutes at Large, Vol. V, p. 241.
^ See report of Second Auditor and Second Comptroller to Congress, December 3,
1849.
312 CHEROKEE NATION OF INDIANS.
added to the balance of $724,603.37 found due in pursuance of the
report of the accounting officers of the Treasury/ amounted in the ag-
gregate to $914,620.13.
The item of $189,422.76 was appropriated, as previously stated, by
the act of September 30, 1850, and that of $724,603.37 by the act of
February 27, 18oI. Interest was allowed on each sum at the rate of
5 per cent, per annum from the date of the act of June 12, 1838, with
the understanding that it should be in full satisfaction and a final set-
tlement of all claims and demands whatsoever of the Cherokee I^ation
against the United States under any treaty theretofore made with
them. Instructions were issued^ in the fall of 1851 to John Drenuan,
superintendent of Indian affairs, to proceed without delay to make
the payment. For this purpose a remittance was made to him at New
Crleaus of the suuis of $1,032,182.33 and $276,179.84. The first of
these sums, he was advised by his instructions, was intended for the
per capita jiayment, principal and interest, to the Eastern Cherokees,
or Eoss party, in pursuance of the act of February 27, 1851. The
latter was for a similar payment to the same parties in compliance with
the terms of the act of September 30, 1850, previously mentioned.
These sums were to be distributed, according to the ceusus roll, atnong
14,098 Cherokees within his superinteudency, and were exclusive of the
pro rata share to which those Cherokees east of the Mississippi living
within the States of North Carolina, Georgia, Tennessee, and Alabama
were entitled. For the payment of the latter a clerk was detailed from
duty in the Office of Indian Aff'airs to act in the capacity of a special
disbursing agent.
The payments made by SuiJerintendent Drennan, coupled with the
conditions prescribed by the act of Congress, were very unsatisfactory
to the Government or lioss party of Cherokees. Therefore their
national council addressed^ to the United States a solemn and formal
protest against the injustice they had suffered through the treaties of
1835 and 1846, and the statement of account rendered by the United
States under the provisions of those treaties.* After thus placing
' See report of Second Auditor and Second Comptroller to Congress, December 3,
1849.
-November 17, 1851.
3 November 29, 1851.
■* After reciting in detail the "forced" circumstances tluongh which those treaties
were brought about, they declared —
1. That no adequate allowance had been made for the sums taken from the treaty
fnnd of 1835 for removal; that though an appropriation had been made, the esti-
mates upon which it was based were too small, and the balance was taken out of the
Indian fund.
2. That if allowable in any sense, the Government had no right to take from the
Cherokee fund an expense for removal greater than the limit fixed by the eighth
article of the treaty of 1835.
3. That the alternative of receiving for subsistence $33.33, as provided for iu the
HOTCE.l TREATY OF AUGUST 6, 1846. 313
themselves on record, the Cherokees accepted the money and complied
with the conditions prescribed in the act of Congress.
AFFAIRS OF THE NORTH CAROLINA CHEROKEES.
As has been alreadj' remarked, at the time of the general removal of
the Cherokee Nation in 1838 many individuals fled to the monntainsof
Tennessee and Notth Carolina and refused to emigrate. They always
maintained their right to an equal participation in the personal bene-
fits provided in the treaty of 1835, which, though not denied, was held
by the executive authorities of the United States to be conditional
upon their removal west. At length by an act of Congress approved
July 29, 1848,' provision was made for causing a census to be taken of
all those Cherokees who remained in the State of x^orth Carolina after
the ratificatiou of the treaty of 1835 and who had not since removed
west. An appropriation was made equal to $53.33^ for each of such
individuals or his or her representative, with interest at G per cent per
annum from the 23d of May, 183G. Furthermore, whenever any of such
individuals should manifest a desire to remove and join the tribe west
of the Mississippi, the Secretary of War was authorized to expend their
pro rata share of the foregoing fund, or so much thereof as should be
necessary, toward defraying the expense of such removal and subsist-
ence for one year thereafter, tlie balance, if any, to be paid to the indi-
vidual entitled. The amount of this appropriation, it was stipulated,
should be refunded to the United States Treasury from the general
fund of the Cherokee Nation under the treaty of 1835. The census men-
tioned was taken by J. C. Mullaj^ iu 1849, and the number found to be
entitled to the benefits of the appropriation was 1,517,^ which by addi-
tions was increased to 2,133. Under the approiiriation acts of Septeni-
treaty of 1835, was refused to be complied v.itli aud their people forced to receive
r.itious iu kind at double the cost.
4. That the cost of the rations issued by the commandant at Fort (Ubsou to
"indigent Cherokees" was improperly charged to the treaty fimd, without legal
authority.
5. That the United States was bound to reimburse the amount paid to some two
or three hundred Cherokees who emigrated prior to 1830, but who were refused a
participation in the " Old Settler" fund.
6. That the Cherokees who remained iu the States of Georgia, North Carolina, aud
Tennessee were not entitled to any share in the per capita fund, inasmuch as they
complied with neither of two conditions of their remaining East; and also becaus*
the census of those Cherokees was believed to be enormously exaggerated.
7. That the sum of .{il03,000 had been charged npou the treaty fund for expenses of
Cherokees iu Georgia during three months they were all assembled and had reported
themselves to Genera! Scott as ready to take up their emigration march.
8. That interest should be paid on the balance found due them from April 1."), 18.">1,
until paid, Congress having no power to abrogate the stipulations of a treaty.
9. That §20,000 of the funds of the emigrant Cherokees wei-e taken to pay the
counsel and agents of the Old Settler party without authority.
I United States Statutes at Large, XoX. IX, p. 264.
-Commissioner of Indian Affairs to Secretary of Interior, February 10, 1874.
314 CHEEOKEE NATION OF INDIANS.
ber 30, IS.jO, aud February 27, 1851, these Cherokees remaining east of
the Mississippi were entitled to their pro rata share of the amounts thus
appropriated. Alfred Chapman was accordingly detailed' from the In-
terior Department to make the per capita payment, and was furnished
with the amounts of ?!il, 307.31 and $150,107.19 under those respective
acts. He was directed to base his payments upon the census roll fur-
nished him, which showed 2,133 Indians to be entitled: By section 3 of an
aetapproved March 3, 1855," provision was made for the distribution per
capita among the Xorth Carolina Oherokees on the I\Iullay roll' of the
fund established by the act of July 29, 1848, provided that each Indian
so receiving such payment in full should assent thereto. As a further
condition to the execution of this act it was stipulated that satisfactory
assurance should be given by the State of Xorth Carolina, before such
payment, that the Cherokees in question should be permitted to remain
permanently in that State. The desired legislative assurance was not
given by North Carolina until February 19, 1SG6, and the money was
not, therefore, distributed, but carried to the surplus fund in the Treas-
ury. Afterwards, by act of March 3, 1875,* it was made applicable to
the jturchase and payment of lands, expenses in quieting titles, etc.
In order to determine who were the legal heirs and representatives of
those enrolled in 1819, but since deceased, the Secretary of the Interior
was directed by an act of Congress, approved July 27, 1808,'' to cause
another census to be taken, to serve as a guide in future payments. It
was further provided by the same act that the Secretary of the Interior
should cause the Commissioner of Indian Affairs to take the same super-
visory charge of this as of any other tribe of Indians.
This second census was taken by S. n. Sweatland in 1809, and he
was instructed to make payment of interest then due to the Indians,
guided by his roll, but on the same principle on which previous pay-
ments had been effected, that is, to those individuals only whose names
appeared on the IMullay census roll, or their legal heirs or representa-
tives, as ascertained by census taken by himself. As remarked by the
Commissioner of Indian Affairs, the ditiiculty of tracing Indian geneal-
ogy through its various complications, in order to determine who are
legal representatives of deceased Indians, without any rules by which
hereditary descent among them maybe clearly established, was fully
demonstrated in the payment made by ]Mr. Sweatland, which was the
occasion of many complaints and even of litigation.
' November 20, 1851.
i" United States Statutes at Large, Vol. X, p. 700.
■'The fourth section of this same act made provision that the eighth section of
the act of July 31, 1854 (United States Statutes at Large, Vol. X, pp. 315), author-
izing the p.aymeut of per capita allowance to Cherokees east of the Mississippi, be so
ameudedas to authorize the payment of all such Cherokees as, being properly entitled,
were omitted from the roll of D. W. Siler from any cause whatever.
■• United States Statutes at Large, Vol. XVIII, p. 447.
^ United States Statutes at Large, Vol. XV, p. -228.
HOTCE.J TREATY OF AUGUST fi, 184ti. 315
The landed interests of these ]S"orth Carolina Cberokees bad also
since the treaty of 183 j become much complicated, and throngii their
confidence in otlicrs, coupled with their own ignorance of projjcr busi-
ness methods, they were likely to lose the title to their homes. At this
juncture Congress, by an act approved July 15, 1870,' authorized suit
in equity to be brouglit in the name of the Eastern Baud of Cherokee
Indians in the district or circuit courts of the United States for the
recovery of their interest in certain lands in North Carolina. This suit
■was instituted in the circuit court of the United States for the western
district of North Carolina in May, 1873, against William H. Thomas
and William Johnston. Thomas, as the agent and trustee of the In-
dians, it was alleged had received (between 183G and ISCl) from them
and for their benefit large sums of money, which had or ought to have
been iuvested by him, in pursuance of various contracts with the In-
dians, in certain boundaries of laud as well as in a number of detached
tracts. The legal title to all these lands was taken by Thomas, and was
still held in his own name, he having in the mean time become nan
compos mentis. It was alleged against the other defendant, Johnston,
that in the year ISO!) he had procured sales to be matle of all these lands
to satisfy judgments obtained by him against Thomas, and that he had
bought in the lauds at these sales and takeu sheriff's deeds therefor,
although having himself a knowledge of the existing equities of the
Indians. In fact, that after the purchase of the lands he had entered
into a contract with the Indians to release to them all the rights lie had
acquired by such purchase for the sum of $30,000, payable within eight-
een months. Under this contract, and at the time of its execution, tlie
Indians paid him $6,.")00.
A suit in law was also instituted, at the same time with the foregoing,
against James W. Terrell, their former agent (from 1853 to ISGl), and
hissureties, the above named Tliomas and Johnston, to recover a balance
of Cherokee funds which he had received for their use from the United
States and which it was alleged he had not properly accounted for.
At the May term, 1874, of the circuit court the matters in dispute were
by agreement submitted to a board of arbitrators. The arbitrators made
their report and award, which were confirmed by the court at the Novem-
ber term, 1874.
The award finds that Thomas purchased for the Indians as a tribe
and with their funds a large tract of land on Soco Creek and Oconalufty
I'iver and their tributaries, known as the Qualla boundary, and esti-
mated by the arbitrators to contain 50,000 acres. It declares that such
tract belongs to and shall be held by the Eastern Band of Cherokees as
a tribe.
The award also determines the titles of a large number of individual
Indians to tracts of laud outside of the Qualla boundary. It further
finds that the Indians owe Thomas a balance toward the purchase-
' United States Statutes at Large, Vol. XVI, p. 362.
316 CHEROKEE NATION OF INDIANS.
money of the Qualla bouudary of $18,250, from which should be de-
ducted the sum of $6,500 paid by the ludians to Johustou, with interest
thereon to the date of the award, amounting in the aggregate to $8,480.
The awaril also finds that Terrell and his bondsmen are responsible
to the Cherokees for an unaccounted-for balance of $2,097.89, which
should also be deducted from the amount due Thomas, leaving a net
balance due from the Indians on the purchase money of the Qualla
b()un<l.iry of 87,000. Upon the payment of this sum the award declares
they should be entitled to a conveyance from Johnston of the legal title
to all the lands embraced within that boundary.'
To enable the Indians to clear off this lien upon theiilands. Congress,
upon the recommendation of the Indian Department, provided by the
terms of an act approved March 3, 1875,^ that the funds set apart by
the act of July 29, 1848, should be applied under the direction of the
Secretary of the Interior for the use and benefit of the Eastein ISaud of
Cherokees. Specifically these funds were to be used in perfecting the
titles to the lands awarded to them and to pay the costs, expenses, aiid
liabilities attending their recent litigations, also to purchase and ex-
tinguish the titles of anj' white persons to lands within the general
boundaries allotted to them by the court and for the education, improve-
ment, and civilization of their people. This was done and the Indians
have DOW possession of their rightful domain.'
' This balauce, .Tiuoiiutiiig in the aggregate (with interest) to ^7.'24'2.7fi, was paid
April 3, 1875.
-United States Statutes at Large Vol. XVIII, p. 447.
^A short time prior (September 11, 1S74) to the tiling of Die aw ard of the arbitrators
in the case of the Indians V8. Thomas, an agreement w as made between the parties
in interest to refer certain matters of dispute between Thomas and Johnston to the con-
sideration and determination of the same arbitrators. As the result of this reference
an award was made which showed that there was due from Thomas to Johnston upon
three several judgments the sum of $;)3,887.11. Ujjou this sum, however, credits to
the amount of $15,553.11 (including the $G,500 with interest paid to Johustou by the
Cherokees under contr.act of September, 1869) were allowed, leaving the net auiount
due to Johnston §18,335, which sum he was entitled to collect with interest until paid,
together with the costs taxed in the three judgments aforesaid. The arbitrators
further found that Johusou held sheriS's deeds for cousiderablo tracts of land which
had been sold as the property of Thomas and which were not iucluded among the
piuds hi Id by him in trust for the Indians. These tracts Johnston had bought iu by
reason of clouds upon the title and "forbiddals" of the sales at a merely nominal figure.
It was therefore declared that these sherifls' deeds should be Leld by Johnston only
as security for the payment of the balance due him on the judgments in question and
for the costs taxed on each. It was further directed that Terrell and Johnston should
make sale of so much of the lands embraced in the sherifl's deeds alluded to (e.'iclud-
iug those awarded to the Cherokee Indians either as a tribe or as individuals) as
would produce a sum sufficient to satisfy the above balance of $18,335 with interest and
•osts.
Following this award of the arbitrators Jlr. Johnston submitted a proposition for
the transfer and assignment of these judgments to the Eastern Band of Cherokees.
Based upon this otter, the Commissioner of Indian Affairs reported to the Secretary of
the Interior June 2, 1875, that the interests of the Indians required the acceptance of
I'oviE.J TKKATY OF ArGl'ST b, l«4(j. ol7
ritOPOSED liEMoVAL OI' TIIIC CATAWBA INDIANS TO THE CHEROKKE CdLNTKV.
It is perhaps pertinent to' remark before i)roceeding further that bj
the terms of an act of Congress approved July 29, 1848 (United States
Statutes at Large, Vol. IX, p. 26-1), an ajipropriation of $5,(i(»0 was made
to defray the expenses of removing the Catawba Indians from Caro-
lina to the country west of the Mississippi River, provided their as-
sent should be obtained, and also conditioned ui)oii success in securing
a home for them among some other congenial tribe in that region with-
out cost to the Government.
These Catawbas were but a miserable remnant of what a century and
a lialf earlier had been one of the most powerful and warlike of the
Southern tribes. They once occupied and controlled a large regio'u of
country in the two Carolinas, though principally in the Southern prov-
ince. Their generally accepted western limit was the Catawba River
and its tributaries, the region between this river and Broad River
being usually denominated a neutral hunting ground for both the
Catawbas and the Cherokees. An enmity of long standing had existed
between the Catawbas and the Six Nations, and war parties of both
nations for nuiny years were wont to make long and devastating forays
into each other's territory. The casualties of war and the ravages of
infectious diseases had long prior to the beginning of the present cen-
tury rendered the Catawbas insignificant iu numbers and importance.
.lohnstou's propositiou. This recommendation -was confirmed by William Stickney,
<if the President's board of Iiidiau commissioners, in a rejiort to that body. Mr. J. W.
Terrell, on behalf of the Eastern Cherokees, as well as their agent, W. C. McCarthy,
joined in urging the acceptance o£the proposal.
Supported by these opinions and recommendations, the Secretary of the Interior,
on the 3d of June, 1875, authorized the jiurchaseof the Johnston judgments, and two
d;iys later a requisition was issued for the money, aud instructions were given to
Agciil McCarthy to make the purchase.
Under these iustructious as subsequently modified (Juno 9, IST.'i), Agent McCarthy
reported (July 27, 1875) the purchase of the judgments, amounting in the aggregate,
including interest and costs, to $l<),24o.,'j3, aud an assignment of them was taken in
the name of the Commissioner of Indian Affairs in trust for the Eastern Band of Chero-
kee Indians of North Carolina. •
From investigations and reports afterward made by Inspectors Watklus and Van-
dever, it appears that there was much uncertainty and confusion as to the actual
status of these lands. The latter gentleman reported (April 10, 1876) that the second
award made by the arbitrators was a iirivate .affair between Thomas and Johustou
and was entirely separate and distinct from the iirst award iu the case of the Indians.
He also reported that, despite the purchase of the Johnston judgments by the Indian
Department in trust for the Indians, the two commissioners named in the second
award proceeded to sell the lands upon which these judgments were a lien, aud at
the November, 1875, term of the court made a report of their proceedings, which was
affirmed by the court.
Taking into consideration all these complications, it was recommended by Inspector
Vandever that an agent or commission be appointed, if the same could be done by
consent of all parties, who should assume the duty of appraising the lands affected by
the Johnston judgments, .and that such quantity of thelands be selected for the Chero-
318 CHEROKEE NATION OF INDIANS.
Their territorial possessions had been curtailed to a tract of some fifteen
miles square on the Catawba Eiver, on the northern border of South
Carolina, and the whites of the surrounding region were generally de-
sirous of seeing them removed from the State.
In pursuance therefore of the provisions of the act of 1848 an eflort
was made bj" the authorities of the United States to find a home for
them west of the Mississippi Kiver. Correspondence was opened with
the Cherokee authorities ou the subject during the summer of that year,
but the Cherokees being unwilling to devote any portion of their do-
main to the use and occupation of any other tribe without being fully
compensated therefor, the subject was dropped.
FINANXIAL DIKFICCLTIES OF TIIF. CUKROKEES.
Unusual expenditures are always incident to the removal and estab-
lishment of a people in an entirely new country. Domestic dissensions
and \iolence of a widespread character have a tendency to destroy the
security of life and property usually felt in a-well governed community,
and insecurity in this manner becomes the parent of idleness and the
destroyer of ambition.
Thus from a combination ot adverse circumstances the Cherokees
since their removal had been subjected to many losses of both an in-
kees as would at such apprais.al equal iu value the amount of the judgments, interest,
and costs, after which the remainder of the lauds, if any, should he released to Mr.
Thomas. The representatives of Thomas and Johnston also submitted a proposition
for adjustment to the Indians, who by resolution of their council (March, 187(i) agreed
to accept it. In th« light of this action aud of the recommendation of luspector
Vaudevcr, Congress passed an act (August 14, lti76) authorizing the Commissioner of
Indian Affairs to receive in payment of the amount duo to the Indians on the John-
ston judgments owned by them a sufficient quantity of the Thomas lauds to satisfy,
at the appraised value, the amount of such judgments, and to deed the lands thus
accepted to the Eastern Band of Cherokees in fee simple.
The commissoner of appraisal appointed and acting under this act of Congress, aud
under the supervision of Inspector Watkins, selected 15,211.2 acres, the appraised
value of which was .§20,061. .35, being the exact amount, including interest and costs,
due upon the judgments up to October 7, 1876, the date of appraisal.
Thereupon a deed (known as the Watkins deed) was executed by the parties repre-
senting the Johnston and Thomas interests, conveying the lands so selected to the
Commissioner of Indian Alfairs in the manner directed by the act of Congress, which
deed it was agreed thould be supplemented by a new one so soon as a more definite
description could be given of the lands after survey. The surveys were made by M.
S. Temple, who also surveyed the Qualla boundary tract, a deed for which latter
tract (known as the Brooks deed) was executed direct to the Eastern Band of North
Carolina Cherokee Indians, and the supplemental deed spoken of above was also exe-
cuted. Sundry difficulties aud complications have continued from time to time to arise
in connection with the affairs of these Indians, and as the most effective measure of pro-
tection to their interests the Commissioner of Indian Affairs has suggested (April 26,
1882) to Congress the advisability of placing the persons and property of these people
under the jurisdiction of the United States district court for the western district of
North Carolina.
ROYcEl. Th'KATV OF Al'GCST (I, I8lt; 319
dividiuil and a national cliai'acter. Their debts Lad coine to be very
oppressive, and they were anxiously devising methods of relief.
Proposed cesxion of the '^neutral hinrj.'^ — At length in the fall of 1S52
they began to discuss the propriety of retrocediug to the United States
the tract of 800,000 acres of additional land purchased by them from the
Government under the provisions of the treaty of 1<S35. This tract was
commonly known as the "neutral land," and occupied the southeast
corner of what is now the State of Kansas.
It was segregated from the main portion of their territory, aud had
never been occupied by any cousiderable number of their people. After
a full discussion of the subject iu their national council it was decided
to ask the United States to purchase it, aud a delegation was appointed
to enter into negotiations ou the subject. They submitted their propo-
sition in two communications,' but after due consideration it was de-
cided by the Secretary of the Interior^ to be iuexpedient for the Gov-
ernment to entertain the idea of purchase at that time. Thereupon, un-
der instructions from their national council, they withdrew the propo-
sition.
As soon as the Cherokees resident in North Carolina and the neigh-
boring States learned of this proposed disposition of the " neutral
land" they tiled a protest ' against any sale of it that did not make
full provision for securing to them a proportional share of the proceeds.
MURDER OF THE AHAIHS AND OTHERS.
In September of this year occurred another of those sudden acts of
violence which had too frequently marked the history of the Cherokee
people during the preceding fifteen years. Superintendent Drew first
reported^ to the Indian Office that a mob of one hundred armed men
had murdered two unoffending citizens, Andrew aud Washington Adair;
that not loss than two hundred men were in armed resistance to the
authorities of the nation, who were unable or disinclined to suppress
the insurrection, and that from sixty to one hundred of the best-known
friends of the Adairs had been threatened with a fate similar to theirs.
The presence and protection of an additional force of United States
troops was therefore asked to preserve order in the Cherokee country
and to allay the fears of the settlers along the border of Arkansas.
An additional United States force was accordingly dispatched, but
the Cherokee authorities found little difficulty in controlling and allay-
ing the excitement and disorder without their aid. In truth, the first
report had been in large measure sensational, the facts as reported bj'
' February 17 and Marcli 17, 1853.
- March 2f>, 1853.
■•This protest bore date of November 9, 1853, and was filed by Edwin Folliu, as
their attorney or representative.
■> September 21, 1853.
320 CHEROKEE NATIOxX OK INDIANS.
Agoiit Butler some two months later' being that the murder was oc-
casioned bj- a purely personal difliculty and had no connection with any
of the bitter political animosities that had cursed the nation for so
many years. It seems that several years previous to the murder a
Cherokee by the name of Proctor and one of the Adairs had a diflicultv.
Adair's friends took Pro(!tor a prisoner through false pretenses and
murdered him while in their hands. Proctor's friends in consequence
were much enraged and made violent threats of retaliation. In fact
during the period iminediatel.\' following Proctor's death several other
])crsons had been killed in cons^etpience of the existing feud. The mur-
der of the Adairs was the culmination of their enemies' revenge. The
murderers were arrested, tried, and acquitted by the Cherokee courts.^
FINANCIAL DISTUESSES — NEW TUEATV PROPOSED.
The year 1851: was in an unusual degree a period of quiet and com-
])arative fi-eedom from internal dissensions among theCherokees. Their
government was, however, still in an embarrassed financial condition.
Their national debt was constantly increasing, and they possessed no
revenue aside from the small income derived from the interest on their
invested funds in the hands of the United States.
For a while, following the payment of their i)er ciipita money, the.y
were in the enjoyment of plenty, but with the natural improvidence of
a somewhat primitive people, their substance was wasted and no last-
ing benefits were derived therefrom. To add to their embarrassments.
a severe drought throughout the summer resulted in an almost total
failure of their crops. Distress and starvation seemed to be staring
them in the face. Their schools, in which they had taken much com-
mendable pride, were languishing for want of the funds necessary to
tbeii' support, and the general outlook was anything but cheerful.^
In this dilemma a delegation was sent to Washington with authority
and instructions to negotiate, if possible, another treaty with the United
States, based upon the following conditions :*
1. The Cherokees to retrocede to the United States the 800,000 acre
tract of " neutral laud" at the price of $1.25 per acre, as a measure of
relief from their public debt burdens and to replenish their exhausted
school fund.
2. To cede to the United States the unsold portion of the 12 mile-
square school fund tract in Alabama, set apart by the treaty of 1819,
also at $1.25 per acre, together with the other small reserves in Tennes-
see set apart for the same purpose and by the same treaty, for which
latter tracts they should receive $20,000.
1 November 22, 1853.
2 Letter of Agent Butler, d.ated November 30, 1853.
^Anuiial report of Agent ButUr for 1854.
'The delegation submitted these propositions in a commuuication to tbe Commis-
sioner of Indian Ali'airs, dated December 28, 1854.
KOYCE] TKEATY OF AUGUST 6, 1846. 321
3. The United States to compeusate the Cherokees liviug on the
800,000 acre tract for the valae of their improvements.
4. The United States to rectify the injustice done to many individual
(Jheroliees in regard to their claims under the treaty of 1835.
5. The United States to compensate the Cherokees for damages sus-
tained through the action of citizens of the former in driving and pas-
turing stock in the Cherokee country, and to provide effectual measures
for the prevention of such losses in the future.
6. The United States to cause a careful investigation to e made as to
the status of the Cherokee invested fund and to render an account of
the accrued and unpaid interest thereon.
7. The Cherokees to be reimbursed for money expended out of their
funds for subsistence after the expiration of the period of" one year"
provided by the treaty of 1835, but before their people had opportunity
to become settled in their new homes
8. A just compensation to be made to the Cherokees for the heavy
losses sustained in their sudden and forced removal i'rom their Eastern
home.
9. An absolute and speedy removal of the garrison at Fort Gibson.
10. That the treaty should contain a clear and specific definition of
the rights and status of the Cherokee Nation in its political attitude
toward and relations with the United States.
The proposed treaty formed the subject of much careful considera-
tion, and negotiations were conducted throughout a large portion of
the winter, without, however, reaching satisfactory results.
The failure of the delegation to secure definite action on these mat-
ters caused a great degree of dissatisfaction among all classes of their
people.^ They were anxious to sell their surjiliis detached land, and
by that means free themselves from financial embarrassment. They
were fully conscious that, so long as their financial affairs continued in
such a crippled condition, there was little ground for a hopeful advance-
ment in their morals or civilization. A traditional prejudice against
the policy of parting with any of their public domain was deep seated
and well nigh universal among the Cherokees, but so grinding and irk-
some had the burdens of their pecuniary responsibilities become and so
anxious were they to discharge in good faith their duty to their cred-
itors that this feeling of aversion was subordinated to what was believed
to be a national necessity.
SLAVEIIY IX THE CHEROKEE NATION.
Tlic reports of the Cherokee agent during the year 1855 devote con-
siderable space to the discussion of the slavery question in its relations
to and among that nation, from which it appears that considerable local
excitement, as well as a general feeling of irritation and insecurity
among the holders of slave property, had been superinduced by the
' Auunal report of Agent Butler for 1S55.
•"■ ETII 21
322 CHEROKEE NATION OF INDIANS.
antislavery teacbiugs of the Northern missiouaries and emissaries of the
various free soil organizations throughout the North. Three years later
the agent reported that the amicable relations which existed between
the Cherokees and the General Government certainly merited the lat-
ter's fostering care and protection, for already they were evincing much
interest in all questions that concerned its welfare; that the majority
of them were strongly national or democratic in political sympathy,
though it was with regret he was obliged to report the existence of a
few black republicans, who were the particular foundlings of the aboli-
tion missionaries. This same agent the following year (1859), after
commending their enterprise and thrift, remarks: "I am clearly of
the opinion that the rapid advancement of the Clierokees is owing in
part to the fact of their being slaveholders, which has operated as an
incentive to all industrial pursuits, and I believe if every family of the
wild roving tribes of Indians were to own a negro man and woman, who
would teach them to cultivate the soil and to properly prepare and cook
their food, and could have a schoolmaster appointed for every district,
it would tend more to civilize them than any jjlan that could be adopted."
The latter part of this proposition perhaps no one would be willing to
dispute, but in the light of twentyfive years of eventful history marie
since its promulgation, the author himself, if still living, would scarcely
be so "clearly of opinion" concerning the soundness of his first as-
sumption.
IIEMOVAL OF WHITE SETTLERS ON CHEKOKEE LAND.
The jear 1S5G was characterized by no event in the official history of
the Cherokees of special importance, except, perhaps, the expulsion of
white settlers who had intruded upon the "neutral lauds," in which the
aid of the militaiy forces of the United States was invoked.
FORT GIBSON ABANDONED BY THE UNITED STATES.
The long and urgent demands of the Cherokees for the withdrawal
of the garrison of United States troops at Fort Gibson was at length
complied with in the year 1857,' and under the terms of the third arti-
cle of the treaty of 1835 the fort and the military reserve surrounding it
reverted to and became a part of the Cherokee national domain. In
his annual message of that year to the Cherokee council John Ross,
their principal chief, recommended the passage of a law which should
authorize the site of the post to be laid off into town lots and sold to
citizens for the benefit of the nation, reserving such lots and buildings
as seemed desirable for future disposition, and jjroviding for the suit-
able preservation of the bnryinggrounds in which, among others, re-
posed the remaius of several officers of the United States Army. This
recommendation was favorably acted upon by the council, and town
' Annual report of Agent Butler for 1857.
KoycE] TREATY OF AUGUST 6, 1846. 323
lots sold exclusively to tlie citizens of tbe uatiou brought the sum of
$20,000.1
REMOVAL OF TRKSPASSERS ON "NEUTRAL LAND."
White settlers having for several years precediug, in defiance of the
notification and authority of the General G-overnment, continued their
encroachments and settlement on the "Cherokee neutral land," and the
Cherokee authorities having made repeated complaints of these unau-
thorized intrusions, measures were taken to remove the cause of com-
plaint. Notice was therefore given to these settlers in the winter of
1859, requiring them to abandon the lands by the 1st of April follow-
ing. No attention was paid to the notice, but the settlers went on and
planted their crops as usual. The newly appointeil Cherokee agent,
having failed to reach his agency until late in the spring, proceeded to
the neutral land in August, and again notified the trespassers to remove
within thirty-flve days. To this they paid no more heed than to the
first notification. Some two mouths later,^ therefore, the agent, ac-
companied by a detachment of United States dragoons, under com-
mand of Ca])tain Stanley, marched into the midst of the settlers and
again commanded their immediate removal. Upon their refusal to com-
ply he adopted the plan of firing their cabins, which soon brought them
to terms. They proposed that if he would desist in his forcible meas-
ures and withdraw the troops, they would quietly remove on or before
the 25th of November, unless in the mean time they should receive the
permission of the Government to remain during the winter. This the
agent agreed to, and subsequently tlie permission was granted them to
so remain.
In connection with this sulyect it appears from the records of the De-
partment that owing to an error in protracting the northern boundaiy
of the "neutral land," the line was made to run S or 9 miles south
of the true boundary, leaving outside of the reserve as it was marked
on the map, a strip known as the "dry woods," which should have been
included in it ; it was generally believed that the " dry woods" was a
part of the New York Indian reservation, on which settlements were
permitted, and as the settlers on that particular portion had gone there
in good faith tbe agent did not molest them.-' The Secretary of the
Interior himself expressed the opinion that the "dry woods" settlers
were law abiding citizens and had settled there under a misapprehen-
sion of the facts, and that as they had expended large sums in opening
and improving their farms it would be a great hardship if they should
be compelled to remove. He therefore suspended the execution of the
law as to them until the approaching session of Congress, in order that
' Auuual report of Agent Butler for 1S58.
- October 10, 1S60.
^ See reports of Agent Cowart iu November, 1860, in Indian Office report of 1860, pp.
2-24, 22o.
324 CHEROKEE NATION OF INDIANS.
they might have an opportunity of applying to that body for relief.
The Cherokees it was well known were anxious to dispose of the land,
and the Secretary declared his intention of reeomniending the passage
of a law with their consent, providing for the survey and sale of the
" neutral lands," after the manner of disposing of the public lands, the
proceeds to be applied to the benefit of the Cherokees. The outbreak
of the great rebellion so soon thereafter, however, j)recluded the con-
summation of this proposed legislation.
JOHN ROSS OPPOSKS SUliVEY AND ALLOTMENT OF CHEROKEE DOMAIN.
During the winter of 1859-00, the Commissioner of Indian Atfairs,
believing that a survey and subdivision of the Cherokee national do-
main, and its allotment in severalty' among the members of the tribe,
would produce an eifect favorable to their i)rogress in the cultivation
of the soil, submitted the suggestion for the consideration of their law-
fully constituted authorities. John Boss, as i)rincipal chief of the nation,
in replying to this suggestion,^ declined on behalf of the nation to give it
favorable consideration, (1) because it conflicted with the general
policy of the Government through which the Cherokees were removed
from their homes east of the Mississippi Eiver ; (2) because it \Aas in-
consistent with existing treaties between the United States and the
Cherokee Nation ; (3) because it could not be done without a change in
the constitution of the nation ; and, finally, that it would not be ben-
eficial to the Cherokee people.
POLITICAL EXCITEMENT IN 1860.
The year 1860 was characterized by great excitement and local dis-
turbances. Many aflrays occurred and numerous murders were perpe-
trated. The excitement and bitterness of feeling involved in the issues
at stake between the great political parties of the country in the pend-
ing Presidential election extended to and pervaded the entire popula-
tion of the civilized tribes of Indian Territory.
They were many of them slaveholders, especially the half-breeds and
mixed bloods. They therefore vehemently resented the introduction
and dissemination of anj- doctrines at variance with the dogma of the
divine origin of slavery or that should set up any denial of the moral
and legal right of the owner to the continued possession of his slave
property. The missionaries and many of the school teachers among
the Cherokees were persons of strong anti-slavery convictions, and the
former especially were zealous in their dissemination of doctrines fatal
alike to the peace and endurance of a slave community. In Septem-
ber John B. Jones, a Baptist missionaiy, who had devoted much of his
life to Christian work among the Indians, was notified by the agent to
leave the country within three weeks, because of the publication of an
article from his pen in a Northern paper, wherein he stated that he
' January 1, 18G0.
KOYCE.l . TREATY OF AUGUST (i, ISlfi. 325
■was engaged in promulgating anti-slavery sentiments among bis flock.'
Others were in like manner comiielled to leave, and the excitement con-
tinued to increase daily until the outbreak of hostilities precipitated by
the attack on Fort Sumter.
Before the actual outbreak of hostilities, in the winter of ISCO, ad-
herents of the Southern cause, among the most eft'ectual and influential of
whom were the official agents of the United States accredited to the In-
dian tribes, were active in propagating the doctrines of secession among
the Cherokees, as well as among other tribes of the Indian Territoiy. Se-
cret societies were organized, especially among the Cherokees, and Stand
Watie, the recognized leader of the old Ridge or Treaty party, was the
leader of an organization of Southern predilections known as the
Knights of the Golden Circle. A counter organization was formed from
among the loyally inclined portion of the nation, most, if not all, of
whom were members of the Government or Eoss party. The member-
ship of this latter society was composed principally of full blood Chero-
kees, and they termed themselves the " Ki-tu-wha," a name by which
the Cherokees were said to have been known in their ancient confed-
erations with other Indian tribes.^ The distinguishing badge of mem-
bership iu this association was a pin worn in a certain position on the
coat, vest, or hunting shirt, from whence members were given the des-
ignation in common parlance of "Pin" Indians. According to the
statement of General Albert Pike, however (and I think he gives the
correct version), this " Pin " society was organized and in full operation
long before the beginning of the secession difliculties, and was really
established for the purpose of depriving the half-breeds of all political
power.'' Be this as it may, however, the society was made to represent
in the incijiient stages of the great American conflict the element of
opposition to an association with the Southern Confederacy and on one
occasion it prevented the distinctively Southern element under the lead-
ership of Stand Watie from raising a Confederate flag at Tahlequah.^
It was also alleged to have been established by the Itev. Evan Jones, a
missionary of more than forty years' standing among the Cherokees, as
an instrument for the dissemination of anti-slavery doctrines.^
'Letter of Agent R. J. Cowart to Commissionei- Indian Aftairs, September S, 1860.
-Letter of S. W. Butler, jniblisUed iu Phlladelpliia North American, January "^4,
1863.
^ Letter of General Albert Pike to Commissioner of Indian Aftairs, February 17, ISOG,
imblishcd in pamiililet report of Commissioner of Indian Affairs to the President, bear-
ing date June 15, 1860.
^Letter of S. W. Butler, in Philadelphia North American, January 24, 1863, and let-
ter of General Albert Pike to Commissioner of Indian Affairs, February 17, 1866.
"Letter of Albert Pike, February 17, 1866. The delegates representing the "South-
ern Cherokees," in their statement to the United States commissioners at the Fort
Smith conference, September 16, 186.5, say : "Years before the war one portion of the
Cherokees was arrayed in deadly hostility against the other ; a secret organized so-
ciety called the ' Pins,' led by John Ross and Rev. Jones, had sworn destruction to
the half-bliiods and white me:i of tU'3 nation outside this organization." etc.
326 CHEROKEE NATION OF INDIANS.
CIIEROKEES AND THE SOUTHERN 'CONFEDERACY.
Ill May, 1861, General Albert rike,of Arkansa.s, was requested by Hon.
Robert Toombs, secretary of state of the Confederate States, to visit
the ludiau Territory as a commissiouer, aud to assure the Indians of
the friendship of tliose States. He proceeded to Fort Smith,' where,
in comjmuy with General Benjamin McCulloch, he was waited on by a
delegation of Cherokees representing the element of that people who
were enthusiastically loyal to the Confederacy and who were desirous
of ascertaining whether in case they would organize aud take up arms
for the South the latter would engage to protect them from the hos-
tility of John Ross and the association of "Pin" Indians who were
controlled by him." Assurances were given of the desired protection,
and messengers were sent to a number of the prominent leaders of the
anti-Eoss party to meet General Pike at the Creek Agency, two days
after he should have held an interview with lioss, then contemi)lated,
at Park Hill. General Pike, as he alleges, had no idea of concluding
any terms with Eoss, and his intention was to treat with the leaders
of the Southern party at the Creek Agency. At the meeting held
with Eoss at Park Hill, the latter refused to enter into any arrange-
ment with the Confederate Government, and obstinately insisted on
maintaining an attitude of strict neutrality. After vainly endeavoring
to shake the old man's purpose. General McCulloch at lengtli agreed
to respect his neutrality so long as the Federal forces should refrain
from entering the Cherokee country.'
General ]McCulloch having been ordered by the Confederate authori-
ties to take command of the district of country embracing the Indian
Territory, with headquarters at Fort Smith, addressed* a communica-
tion to John Eoss again assuring him of his intention to respect the
neutrality of the Cherokee people, except that all those members of the
tribe who should so desire must be permitted to enlist in the Confeder-
ate army, without interference or molestation, for i)urposes of defense
in case of an invasion from the North. To this Ross replied,^ reassert-
ing the determination of the Cherokees to maintain a strict neutrality
between the contending parties. He refused his consent to any organ-
ization or enlistment of Cherokee troops into the Confederate service,
for the reason, first, it would be a palpable violation of the Cherokee
position of neutrality, and, second, it would place in their midst organ-
ized companies not authorized by the Cherokee laws, but in violation of
treaty, and which would soon become effective instruments in stirring up
domestic strife and creating internal difficulties among the Cherokee
people. General McCulloch in his letter had assumed that his proposi-
' Early iu June, 1861.
- Letter of General Albert Pike to Commissiouer of Indian Affairs, February 17, 1866.
2 Ibid.
"Juno 1-^, 1861.
lijuno 17, 1801.
KOYCK.] TREATY OF AUGUST (i, 1846. 327
tiou for permitting eulistmeuts.of Cherokees of Confederate sympathies
was in accordance with the views expressed to him by Eoss in au inter-
view occurring some eight or ten days previous, wherein the latter had
observed that in case of an invasion from the ISTorth lie liimself would lead
the Cherokees to repel it. Koss, in his reply above alluded to, takes
occasion to assure McCulloch that the latter had misapprehended his
language. It was only in case of a foreign invasion that he had oifered
to lead his men in repelling it. He had uot signified any purpose as .to
an invasion by either the Northern or Southern forces, because he had
uot apprehended and could not give his consent to any.
Some time in August' a convention was assembled at Tahlequah upon
the call of John Koss, to take into consideration the question of the
difficulties and dangers surrounding the Cherokee Xation and to de-
termine the most advisable method of procedure. At this convention
a number of siieeches were made, all of which were bittei-ly hostile in
tone to the United States and favorable to an open alliance with the
Southern Confederacy. Ross, among others, gave free expression to
his views, and according to the published version of his remarks gave
it as his opinion that an understanding with the Confederacy was the
best thing for the Cherokees and all other Indians to secure and that
without delay; that, as for himself, he was and always had been a
Southern man, a State rights man ; born in the South, and a slave-
holder; that the South was fighting for its rights against the ojjpres-
sions of the North, and that the true position of the Indians was with
the Southern people. After this speech the convention, which was at-
tended by four thousand male Cherokees, adopted without a dissenting
voice a resolution to abandon their relations with the United States and
to form an alliance with the Confederacy.
Treaties beticeen Confederate S'ate^ and various Souther n tribes. — General
Pike did not see Eoss again until September.^ In the meantime, the lat-
ter had secured the attendance of a large number of representatives of
both Northern and Southern tribes, at a convocation held at Antelope
Hills, where a unanimous agreement was reached to maintain a strict neu-
trality in the existing hostilities between their white neighbors. The
alleged iDurpose of this assembly, as stated by General Pike, was to take
advantage of the war between the States, and form a great independent
Indian confederation, but he defeated its purpose by concluding a treaty
with the Creeks on behalf of the Confederate States, while their dele-
gates were actually engaged in council at the Antelope Hills. Follow-
ing bis negotiations with the Creeks, he conchided treaties in quick
succession with the Choctaws and Chickasaws, the Seminoles, the Wich-
itas, and affiliated tribes, including the absentee Shawnees and Dela-
' According to the message of Johu Eoss, .is principal chief to the Cherokee national
council, October 9, 1861, this convention was held on the 21st of August, 1861.
■^ Pike's letter to Commissioner of Indian Afi'airs, February IT, 1866.
328 CHEROKEE NATION OF INDIANS.
wares, aud tlie Coinanclies.' Ou returning from his treaty witli the
Comaucbes, he was met before reaching Fort Avbuckle by a messenger
bearing a letter from Boss and his couucil, accompanied by a copy of
the resokitions of the council and a pressing personal invitation to re-
pair to the Cherokee country and enter into a treaty with that tribe.
He consented aud named a day when he would meet Boss, at the same
time writing the latter to notify the Osages, Quapaws, Senecas, and the
confederated Senecas and Shawnees, to meet him at the same time. At
the time fixed he proceeded to Park Hill (Boss's residence), wlieie he
concluded treaties with these various tribes^ during the first week in
October, reserving the uegotiations with the Cherokees to the last, the
treaty with whom was concluded on the 7th of the month at Tahlequah.
Tliis instrument was very lengthy, being comprised in fifty-five articles.^
The preamble set forth that —
The Congress of the Confederate States of America having, by an "Act for the jiro-
fection of certain Indian tribes," approved the 21st day of May, in the year of our
Lord one thousand eight hundred aud sixty-one, offered to assume and accept the
protectorate of the several nations aud tribes of Indians occupying the country west
of Arliansas and Missouri, and to recognize them as their wards, subject to all the
rights, in'ivilcges, immunities, titles and guarantees with each of said nations aud
tribes under treaties made with them by the United States of America ; and the
Cherokee Nation of Indians having assented thereto upon certain terms and con-
ditions : Now, therefore, the said Confederate States of America, by Albert Pike, their
commissioner, constituted by the President, under authority of the act of Congress
in that behalf, with plenary powers for these purposes, and the Cherokee Nation by
the principal chief, executive council, and commissioners aforesaid, has agreed to the
following articles, etc.
With some slight amendments to the iustrumeut as originally con-
cluded it was dtdy ratified by the Confederate States.
CHEROKEE TROOPS FOR THE CONFEDERATE ARMY.
Long before^ the conclusion of this treaty, authority was given by
General McCulloch to raise a battalion of Cherokees for the service of
the Confederate States. Under this authority a regiment was raised
in December, ISGl, and commanded by Stand Watic, the leader of the
anti-Boss party. A regiment had also been previously raised, ostensi-
bly as home guards, the officers of which had been appointed by Chief
' Pike's letter to Commissioner of Indian Affairs, February 17, 1866. These treaties
were concluded on the following dates respectively: Creek, July 10; Choctaw and
Chickasaw, July 12; Seminole, August 1 ; Shawnees, Delawares, Wichitas, aud afBli-
ated tribes resideut in leased territory, and Comaucbes, August 12, 1861.
-The treaty with tlie Osages was concluded October 2, that with the Senecas aud
Shawnees on the same day, and also that with the Quapaws. (See Report Commis-
sioner of Indian Affairs for 1865, p. 318. )
'■'The text of this treaty was reprinted for the use of the United States treaty
commissioners iu 1866.
■•August, 1S61. See letter of Commissioner of Indian Affairs to the President, June
1.5, 1866.
ROTCE.] TREATY OF AUGUST r,, 1846. 329
Koss aud the command assigned to Colonel Drew.' After the couclu-
siou of the treaty this regiment was also placed at the service of the
Confederate States, and in December^ following, in an address to them,
Eoss remarked that he had raised the regiment " to act in concert with
the troops of the Southern Confederacy."
These two regiments actively participated and co-operated in the mili-
tary operations of the Confederates until after the battle of Pea Kidge,
in which they were engaged.^ In the summer of 1SG2,^ following this
battle, Colonel Weir, of the United States Army, commanding a force
l)artly composed of loyal Indians on the northern border of the Chero-
kee country, sent a proposition to John Eoss urging that theCherokees
should repudiate their treaty with the Confederacy and return to their
former relations with the United States, offering at the same time a safe
conduct to Eoss and such of his leading counselors as he should des-
ignate through the Union lines to Washington, where they could nego-
tiate a new treaty with the authorities of the United States. This prop-
osition was declined pei'emptorily by Eoss, who declared that the
Cherokees disdained an alliance with a people who had authorized and
practiced the most monstrous barbarities in violation of the laws of
war ; that the Cherokees were bound to the Confederate States by the
faith of treaty obligations and by a community of sentiment and inter-
est ; that they were born upon the soil of the South and would stand or
fall with the States of the Sonth.^
A CHEROKEE CONFEDERATE REGIMENT DESERTS TO THE UNITED STATES.
Colonel Drew's regiment of Cherokees had now been in the Confeder-
ate service about teu months. During that period thej' had remained
unpaid, were scantily clothed, and were generally uncared for, un-
thanked, and their services unrecognized.'' When, therefore. Colonel
Weir invaded the Cherokee country in July, 1SG2, and the power aud
' Geueral Albert Pike in his letter of February 17, 1866, speaks of being escorted
from Fort Gibson to Park Hill on his way to conclude the treaty of October 7, 1861,
by eight or nine companies of Colonel Drew's regiment, which had been previously
raised as a home guard by order of the national council.
- This address (printed as document No. 7, accompanying the letter of Commissioner
of Indian Ati'airs to the President, June 15, 18liC) bears date of December 10, 18G'2.
This is an evident typographical error for 18(il, because the address was in the nature of
a censure upon the regiment for its defection on the eve of a battle with the forces of
0-poth-le-yo-ho-lo, the loyal Creek leader. This battle occurred at Bushy or Bird
Creek, December S), 18G1, and before the esiiiration of another year Eoss had left the
Cherokee country under the escort of Colonel Weir.
'Greeley's American Conflict, Vol. II, p. 3d; also, Kei^ort of Commissioner of Indian
Aftairs, June 15, 1866, and numerous other ofHcial documents.
^Report of Commissioner of Indian ABairs to the President, June 15, 1860, p. 10.
^Letter of Geueral Albert Pike, February 17, 1866; also letter of T. J. Mackey,
June 4, 1866.
"Letter of General Albert Pike, February 17, 1866.
330 CUKROKEt: NATION' OF INDIAN'S.
prestige of the Goufederacy seemed, for the time being, to have become
less potent in that region, their troops having been withdrawn to other
localities, these discontented and unfed Cherokee soldiers found them-
selves in a condition ripe for revolt. Almost en. masse, they abandoned
the Confederate service and enlisted in that of the United States.
Conduct of John Ross. — Ross, finding that he had been abandoned by
Drew's regiment, concluded to make a virtue of necessity and become a
loyal man too, with the shrewd assertion that such had always been
the true impulse of his heart; he had been overborne, however, by the
anthoritj" and power of tlie Confederate (lovernmeut and felt constrained
to save his people and their material interests from total destruction by
dis.sembling before the officials of that Government, seeking only the first
opportuuitj', which he had now embraced, to return with his people to the
fealty they so delighted to bear to the Federal Government.' He was es-
corted out of the Cherokee country by Colonel Weir's regiment and did
not soon return. The burden of proof seems to be almost, if not quite,
conclusive against his pretensious to loyalty up to this period, and now
that the opportunity he had so long desired of placing himself and his
people within the protection of the United States had arrived, instead
of manifesting any of that activity whicli had characterized his conduct
in behalf of the Confederate States, he retired to Philadelphia, and did
not return to his people for three years.'-
0-2>othle}/oho-lii and Jiis loyal foUoirers. — General Pike, in his letter
to the Commissioner of Indian Affairs pending the negotiation of the
treaty of 18GG, seeks to convey the impression that there were no ac-
tively loyal Indians among the Southern tribes during the incipient
stages of the rebellion, and perhaps this is in large measure correct as
to most of those tribes.
Their situation was such as would have worked confusion in the ideas
of a less primitive and simple minded people. For years before the
outbreak of the rebellion their superintendents, agents, and agency
employes had been, almost without exception. Southern men or men of
Southern sympathies. They were a slaveholding people, and the idea
was constantly pressed upon them that the pending difficulties between
the North and the South were solely the result of a determination on the
part of the latter to protect her slave property from the aggressions
and rapacity of the former. "When at last hostilities commenced, they
saw the magnitude of the preparation and the strength of the Confed-
erate forces in their vicinity. The weakness of the Federal forces was
equally striking. Within the scope of their limited liorizon there was
naught that seemed to shed a ray of hope upon the rapidly darkening
sky of Federal supremacy. Those who were naturally inclined to sym-
pathize with, and who retained a feeling of friendship and reverence for,
' C'oinmissioncT of Indian Affairs to the Presldoiit, June 1."), 1»66.
-Ibid.
ROYCE.l TREATY OF AUGUST G, 1846. 331
the old Goverument were awed into sileuce. A sense of fear and help-
lessness for tlie time being compelled them to accept and apparently
acqniesce in a state of affairs for which many of them had no heart.
After the Cherokee convention at Tahleqnab, in Angnst, ISGl, at
which it was decided with such uuanimitj^ to renounce their treaty rela-
tions with the United States and to enter into diplomatic alliance with
the Confederacy, Oi)oth-lcyo-ho-lo, an old and prominent Creek chief,
whom Eoss had notified by letter of the action taken, and upon whom
he urged the wisdom of securing similar action by the Creeks,' refused
to lend himself to any such measure. He called a council of the Creeks,
however, representing to them the action of the Cherokees, alleging
that their chiefs had been bought, and reminded the Creeks of the
duties and obligations by which they were bound to the Govei'ument
of the United States.
The majority of the Creeks, notwithstanding, were for active coopera-
tion with the Confederacy, and an internecine war was at once inangnr-
ated. The loyal portion of the Seminules, Wicliitas,Kickapoos,an(l Dehi-
wares joined O-poth le yoho-lo and his loyal Creeks, who after two or
three engagements with the disloyal Indians, backed by a force of Texas
troops, was compelled to retreat to the north, which he did in Decem-
ber, ISO 1.^ The weather was extremely inclement ; the loyal Indians
were burdened with all tlieir household gooils, their women and chil-
dren, and at the same time exposeil to the assaults of their enemies.
Their baggage was captured, leaving many of them without shoes
or comfortable clotliing. Hundreds i)erished on the route, and at last,
after a journey of 300 miles, they readied Humboldt, Kansas, racked
with disease, almost frozen, and with starvation staring them in llie
face. Immediately ni)on learning of tlie condition of these sufterers,
Indian Superintendent Cotfiu i)romptly inaugurated measures for their
relief. Having inconsiderable funds at his command for the purpose,
application was made to General Hunter, commanding the Depart-
ment of Kansas, who promptly resi)onded with all the supjilies at
his disposal. The Indians in their retreat had become scattered over
an area of territory 200 miles in extent, between the Verdigris and Fall
Eiver, Walnut ('reek and the Arkansas. As they became aware of tlie
efforts of the Government for their relief, they began to pour into the
camp of reudezvous on the Verdigris, but were later removed to Le
Eoy, Kansas. Autboiity was given to enlist the able bodied males in
the service of the United States, and two regiments were at once organ-
ized and placed under command of Colonel "Weir for an expedition
against the Indian Territory, mention of which has been previously
made. A census taken of these refugees by Superintendent Cotfiu,
' Letter of Joliu Ross to O-potb-le-yo-lio-lo, September 19, 1861.
- Report of Agent Cutler auil Superinteudeut Coffin for 1862. See pages 133 and
138 of the Report of the Commissioner of Indian Aft'airs for 1862.
Oc
332 CHEROKEE NATION OF INDIANS.
in August, 18(52, showed tbat there were ia camp, exchisive of the 2,000
who had enlisted in the service of the United States, 3,G19 Creeks, 919
Seminoles, 1G5 Chickasaws, 223 Cherokees, 400 Kickapoos, 89 DehxwareS)
19 louies, and 53 Keechies, in all 5,487, consisting of 8G4 men, 2,040
women, and 2,583 children. In addition to these at least 15 per cent,
bad died since their arrival from hardships encountered in the course
of their retreat. They were subseciueutly removed to the Sac and Fox
reservation in Kansas.
Until after Colonel Weir's expedition to the Indian Territory not ex-
ceeding three hundred Cherokees had taken refuge within the Union
lines ; but in the autumn of 1SC2, after Weir's retreat, a body of refugees,
mostly women and children, claiming the protection of the United States,
made their way to a point on the Cherokee neutral lands some 12 miles
south of Fort Scott, Kansas.
Like all the other refugees, they were in a most destitute and suffer-
ing condition. In need of food, clothing, and supplies of all kinds, these
sufl'erers, to the number of two thousand, appealed for relief, and were
for a time supplied by the Superintendent of Indian Aft'airs, but after-
wards, on being taken under charge of the military authorities, were
transferred to Neosho, Missouri.
Relations with the Southern Vovfiderncy renounced. — During the month
of February, 1803 (as reported ' by John Koss from Philadelphia), a
special meeting of the Cherokee national council was convened at Cow-
skin Prairie, and the following legislation was enacted :
1. Abrogating the treaty with the Confederate States, and calling
a general convention of the people to apjirove the act.
2. The appointment of a delegation with suitable powers and instruc-
tions to represent the Cherokee Nation before the United States Gov-
ernment, consisting of John Ross, principal chief, Lieutenant-Colonel
Dowuiug, Capt. James McDaniel, acd Rev. Evan Jones.
3. Authorizing a general Indian council to be held at such time and
place as the principal chief may designate.
4. Deposing all officers of the nation disloyal to the Government.
5. Approving the purchase of supplies made by the treasurer and
directing their distribution.
G. Providing for the abolition of slavery in the Cherokee Nation.
KAVAGES OK WAIi IX THE CHEr.OKEE NATION.
In the latter part of the winter of 1SG2 anil early spring of 18G3 the ni ili-
tary authorities conceived the ])ropriety of returning the refugee Chero-
kees to their homes in time to enable them to plant their spring crops.
Two military expeditions were organized, one to move from Springfield,
Mo., under the command of General Blunt, and the other from Scott's
' April 2, 1863.
KOYCE] TREATY OF AUGUST 6, 1840. 333
Mills, iu charge of Colonel Phillips.' The ludiaus were furnished with
the necessary agricultural implements, seeds, etc., and were promised
complete protection from the incursions of their enemies. The refugees,
in charge of Indian Ageut Harlan, set out for their homes a week after
the army had marched, reaching Tahlequah in safety, and immediately
scattering themselves throughout tlie country engaged busily in plant-
ing their crops. Their labors had only fairly commenced when they
were alarmed by the reported approach of Stand Watie and his regi-
ment of Confederate Cberokees. The ludiaus immediately suspended
their labors, and, together with the troops under Colonel Phillips, were
compelled to take refuge in Fort Gibson. Their numbers were, as re-
ported by the superintendent, now increased to upwards of six thousand,
by the addition of many who, up to this time, had remained at their
homes. The troops of S'iand ^yatie, alleged to number some seven hun-
dred, scoured the country at their pleasure, and not only everything of
value that had previously escaped confiscation in the nation, but every-
thing that had been brought back with them by the refugees to aid in
their proposed labors, was either carried off or destroyed. The failure
of these expeditions in accomplishing the objects for which they were
organized rendered it necessary that the refugees should be fed and main-
tained at Fort Gibson, some 200 miles distant from the base of snpplies.
This situation of affairs remained practically unchanged until the close
of the war, except that the number of destitute ludiaus requiring subsis-
tence from the Government inci-eased to sixteen or seventeen thousand.
The United States forces continued to occupy Forts Smith and Gibson,
and the Indians were thus enabled to cultivate, to a limited extent, the
lands within the immediate protection of those posts, but their country
was infested and overrun by guerrillas, who preyed upon and destroyeil
everything of a destructible character. There was no portion of coun-
try within the limits of the United States, perhaps, that was better
suited to the demands of stock-raising, and the Cherokees had, prior to
the war, entered largely into this pursuit. Many of them were wealthy
and numbered their herds by hundreds and even thousands of head.
Almost the entire nation was surrounded by all the comforts and many
of the luxuries of a civilized people. "When they were overwhelmed
by the disasters of war, and saw the labors and accumulations of more
than twentj^ years' residence in that pleasant and fruitful country swept
away in a few weeks, the sullen bitterness of despair settled down upon
them. Their losses in stock alone aggregated, according to the best
estimates, more than 300,000 head. Is it any wonder that the springs
of hope shonld dry up within their breasts ?
' Report of Commissiouer of Indiau Affairs for 1863, iJ. 24.
334 CHEROKEE NATION OF INDIANS.
TREATY CONCLUDED JULY 19, 1866; PROCLAIMED AUGUST 11, i855.
Sekl at Washiitf/toii, I>. C, between Dennis X. Gooleij, Comminsioncr of
Indian Affairs, and Elijah Sells, superintendent of Indian Affairs for
the southern superintendency, on behalf of the United States, and the Chero-
l-ee Xation of Indians, represented by its delegates, James MeDaniel,
Smith Christie, White Cateher, S. H. Benrjc, J.B. Jones, and Daniel
H. Ross, John Eoss, principal chief, being too tinicell to join in these ne-
gotiations.^
MATERIAL PROVISIONS.
Whereas existing treaties between the United States and the Chero-
kee Xation are deemed to be insufficient, the contracting parties agree
as follows, viz :
1. The pretended treaty of October 7, ISGl, with the so-called Con-
federate States, repudiated iiy the Cherokee National Council February
18, 1803, is declared to be void.
2. Amnesty is declared for all offenses committed by one Cherokee
against the iierson or property of another or against a citizen of the
United States prior to July 4, ISGG. Xo right of action arising out
of acts committed for or against the rebellion shall be maintained in
either the United States or the Cherokee courts, and the Cherokee Na-
tion agree to deliver to the United States all public property in their
control which belonged to the United States or the so-called Confeder-
ate States.
3. The confiscation laws of the Cherokee Nation shall be repealed,
and all sales of farms and improvements are declared void. The former
owners shall have the right to repossess themselves of the property so
sold. The purchaser under the confiscation laws shall receive from the
treasurer of the nation the money paid and the value of the permanent
improvements made by him. The value of these improvements shall
be fixed by a commission, composed of one person ai>pointe(l liy the
United States and one appointed by the Cherokee Nation, who in case
of disagreement may appoint a third. The value of these improvements
so fixed shall be returned to the Cherokee treasurer by returning Cher-
okees within three years.
J:. All Cherokees and freed persons who were formerly slaves to any
Cherokee, and all free negroes, not having been such slaves, who resided
in the Cherokee Nation prior to June 1, 1801, who may within two years
elect not to reside northeast of the Arkansas IMver and southeast of
Grand River, shall have the right to settle in and occupy the Canadian
district southwest of the Arkansas Efver; and also the country north-
west of Grand Hiver, and bounded southeast by Grand Kiver and west
by the Creek country, to the northeast corner thereof; from thence west
on north line of Creek country to 90° west longitude ; thence north with
1 Uuited States Statutes at Large, Vol. XIV, p. 799.
EOYCE.J . TREATY OF JULY in, 181^6. 335
said 90° so far that a line due east to Grand Eiver will include a quan-
tity of laud equal to IGO acres for each persou who may so elect to re-
side therein, provided that the part of said district north of Arkansas
Eiver shall uot be set apart until the Canadian district shall be found
insufficient to allow IGO acres to each person desiring to settle um'er
the terms of this article.
5. The inhabitants electing to reside in the district described in the
jireceding article shall have the right to elect all their local officers and
judges, also their proportionate share of delegates in any general coun-
cil that may be established under the twelfth article of this treaty ; to
control all their local affairs in a manner not inconsistent with the con-
stitution of the Cherokee Xation or the laws of the United States, pro-
vided the Cherokees residing in said district shall enjoy all the rights
and privileges of other Cherokees who may elect to settle in said dis-
trict as herein before provided, and shall hold the same rights and priv-
ileges and be subject to the same liabilities as those who elect to settle
in said district under the provisions of this treaty; provided, also, that
if any rules be adopted which, in the opinion of the President, bear op-
pressively on any citizen of the nation he may suspend the same. And
all rules or regulations discriminating against the citizens of other dis-
tricts are prohibited and shall be void.
G. The inhabitants of the aforesaid district shall be entitled to repre-
sentation in the national council in i^roportion to their numbers. All
laws shall be uniform throughout the nation. The President of the
United States is empowered to correct any evil arising from the unjust
or unequal operation of any Cherokee law and to secure an equitable
expenditure of the national funds.
7. A United States court shall be created in the Indian Territory; un-
til created, the United States district court nearest the Cherokee Nation
shall have exclusive original jurisdiction of all causes, civil and crim-
inal, between the inhabitants of the aforesaid district and other citizens
of the Cherokee Nation. All process issued in said district against a
Cherokee outside of said district shall be void unless indorsed by the
judge of the district in which the process is to be served. A like rule
shall govern the service of jiroccss issued by Cherokee officers against
persons residing in the aforesaid district. Persons so arrested shall be
held in custody until delivered to the United States marshal or until
they shall consent to be tried by the Cherokee court. All jjrovisions of
this treaty creating distinctions between citizens of anj- district and the
remainder of the Cherokee Nation shall be abrogated by the President
whenever a majority of the voters of such district shall so declare at
an election duly ordered by him. Xo future law or regulation enacted
in the Cherokee Nation shall take effect until ninety days after pro-
mulgation in the newspapers or by written jiosted notices in both the
English and Cherokee languages.
8. No license to trade in the Cherokee Nation shall be granted by the
336 CHEROKEE NATION OF INDIANS.
Uuited States unless approved by the Cherokee national council, except
in the districts mentioned in article 4.
9. The Cherokee Nation covenant and agree that slavery shall never
hereafter exist in the nation. All lieednien, as well as all free colored
persons resident in the nation at the outbreak of the rebellion and now
resident therein or who shall return within six months and their de-
scendants, shall have all the rights of native Cherokees. Owners of
emancii^ated slaves shall never receive any coini)ensation therefor.
10. All Cherokees shall have the right to sell their farm produce, live
stock, merchandise, or manufactures, and to ship and drive the same to
market without restraint, subject to any tax now or hereafter levied by
the United States on the quantity sold outside of the Indian Territory.
11. The Cherokee Nation grant a right of way 200 feet in width
through their country to any company authorized by Congress to con-
struct a railroad from north to south and from east to west through the
Cherokee Nation. The officers, employes, and laborers of such com-
pany shall be protected in the discharge of their duties while building
or operating said road through the nation and at all times shall be
subject to the Indian intercourse laws.
]-. The Cherokees agree to the organization of a geteral council, to
be composed of delegates elected to represent all the tribes in the
Indian Territory, and to be organized as follows:
I. A census shall be taken of each tribe in the Indian Territory.
II. The first general council shall consist of one member for each
tribe, and an additional member for each one thousand pojiulation or
fraction thereof over live hundred. Any tribe failing to elect such
members of council shall be represented by its chief or chiefs and head-
men in the above proportion. The council shall meet at such time and
i)lace as the Superintendent of Indian Aflairs shall approve. No session
shall exceed thirty days in any one year. The sessions shall be annual ;
special sessions may be called by the Secretary of the Interior in his
discretion.
III. The council shall have power to legislate upon matters pertain-
ing to intercourse and relations of the tribes and freedmen resident in
Indian Territory; the arrest and extradition of criminals and offenders
escaping from one tribe or community to another; the administration
of justice between members of ditiei-ent tribes and persons other than
Indians and members of said tribes or nations; and the common defense
and safety. All laws enacted by the council shall take effect as therein
provided, unless suspended by the President of the United States.
No law shall be enacted inconsistent with the Constitution or laws of
the United States or with existing treatj' stipulations. The council
shall not legislate upon matters other than above indicated, unless
jurisdiction shall be enlarged by consent of the national council of each
nation or tribe, with the assent of the President of the United States.
RovcE.l TREATY OF JULY 19, 1866. 337
IV. Said council shall be presided over by such person as may be
designated by the Secretary of the Interior.
Y. The council shall elect a secretary, -n-ho shall receive from the
United States an annual salary of $500. He shall transmit a certified
copy of the council proceedings to the Secretary of the Interior and to
each tribe or nation in the council.
VI. Members of the council shall be paid by the United States 84 a
day during actual attendance on its meetings and s-t for every 20 miles
of necessary travel in going to and returning therefrom.
13. The United States may establish a court or courts in the Indian
Territory, with such organization and jurisdiction as may be estab-
lished by law, provided that the judicial tribunals of the Cherokee
Nation shall retiiin exclusive jurisdiction in all civil and criminal cases
arising wittiin their countrj- in which members of the nation shall be
the only parties, or where the cause of action shall arise in tbe Cherokee
Nation, except as otherwise provided in this treaty.
14. Every society or denomination erecting or desiring to erect build-
ings for missionary or educational purposes sliall be entitled to select
and occupy for those purposes ICO acres of vacant land in one body.
15. The United States may settle any civilized Indians, friendly with
the Cherokecs, within the lattei's count) you unoccupied lands east of
96°, on terms agreed upon between such Indians and the Cherokees,
subject to the approval of the President of the United States. If any
tribe so settling shall abandon its tribal organization and pay into the
Cherokee national fund a sum bearing the same proportion to such fund
as said tribe shall in numbers bear to the population of the Cherokee
Nation such tribe shall be incorporated into and ever after remain a
part of that nation on equal terms with native citizens thereof.
If any tribe so settling shall decide to preserve its tribal organization,
laws, customs, and usages not inconsistent with the constitution and
laws of the Cherokee Nation, it shall have set apart in compact form
for use and occupancy a tract equal to IGO acres for each member of
the tribe. Such tribe shall pay for this laud a imce agreed ujjon with
the Cherokees, subject to the approval of the President of the United
States, and in case of disagreement the jirice to be fixed by the Pi'esi-
dent.
Such tribe shall also pay into the national fund a sum to be agreed
upon by the respective parties, not greater in proportion to the whole
existing national fund and the probable proceeds of the lands herein
ceded or authorized to be ceded or sold than their numbers bear to the
whole number of Cherokees, and thereafter they shall enjoj' all the
rights of native Cherokees.
No Indians without tribal organization, or who having one shall have
determined to abandon the same, shall be permitted to settle in the
Cherokee country east of 96° without the permission of the proper
Cherokee authorities. And no Indians determining to preserve their
5 ETH 22
338 CHEROKEE NATION OF INDIANS.
tribal organization shall so settle without such consent, unless the
President, after a full hearing of the Cherokee objections thereto, shall
deem them insufficient and autliorize such settlement.
16. The United States may settle friendly Indians on any Cherokee
lands west of 96°; such lands to be selected in compact form and to
equal in quantity ICO acres for each member of the tribe so settled.
Such tribe shall pay therefor a price to be agreed upon with the Chero-
kees, or, in the event of failure to agree, the price to be fixed by the
President. The tract purchased shall be conveyed in fee simple to the
tribe so purchasing, to be held in common or allotted in severalty as the
United States may decide.
The right of possession and jurisdiction over the Cherokee country
west of 90° to abide with the Cherokees until thus sold and occupied.
17. The Cherokee Nation cedes to the United States, in trust to be
surveyed, appiaised, and sold for the benefit of that nation, the tract of
800,000 acres sold to them by the United States by article -, ti-eaty of
1835, and the strip of land ceded to the nation by article 4, treaty of
1835, lying within the State of Kansas, and consents that said lands
may be included in the limits and jurisdiction of said State. The aj)-
praisement shall not average less than $1.25 per acre, exclusive of im-
l)rovements.
The Secretary of the Interior shall, after due advertisement for sealed
bids, sell such lands to the highest bidders for cash in tracts of not
exceeding IGO acres each at not less than the appraised value. Settlers
having improvements to the value of $50 or more on any of the lands
not mineral and occupied for agricultural purposes at the date of the
signing of this treaty, shall, after due proof under rules to be prescribed
by the Secretary of the Interior, be allowed to purchase at the appraised
value the smallest quantity of land to incUule their improvements, not
exceeding 100 acres each.
The expenses of survey and appraisement shall be paid out of the
proceeds of the sale of the lands, and nothing herein shall prevent the
Secretary of the Interior from selling to any responsible party for cash
all of the unoccupied portion of these lands in a body, for not less than
$800,000.
IS. Any lands owned by the Cherokees in Arkansas or in States east
of the Mississippi Eiver may be sold by their national council, upon
the approval of the Secretarj* of the Interior.
19. All Cherokees residing on the ceded lands desiring to remove to
the Cherokee country proper shall be paid by the purchasers the ap-
praised value of their improvements. Such Cherokees desiring to re-
main on the lands so occuiiied by them shall be entitled to a i^atcnt in
fee simple for 320 acres each, to include their improvements, and shall
thereupon cease to be members of the nation.
20. Whenever the Cherokee national council shall so request, the
Secretary of the Interior shall cause the country reserved for the
Rovric] TRKATY OF JULY 19, 18G6 339
Cherokees to be surveyed and allotted among them at the expense of
the United States.
21. The United States shall at its own expense cause to be run and
marked the boundary line between the Cherokee Nation and the States
of Arkansas, Missouri, and Kansas as far west as the Arkansas Eiver,
by two commissiouors, one of whom shall be designated by the Chero-
kee national council.
22. The Cherokee national council shall have the privilege of appoint-
ing an agent to examine the accounts of the nation with the United
States, who shall have free access to all the accounts and books in the
Executive Departments relating to the business of the Cherokees.
23. All funds due the nation or accruing from the sale of their lands
shall be invested in United States registered stocks and the interest
paid semi-annually on the order of the Cherokee Nation, and applied
to the following purposes : 35 per cent, for the support of the common
schools of the nation and educational purposes; 15 per cent, for the
orphan fund, and 50 per cent, for geuei'al purjioses, including salaries of
district officers. The Secretary of the Interior, with the approval of the
President, may pay out of the funds due the nation, on the order of the
national council, an amount necessary to meet outstanding obligations
of the Cherokee Nation, not exceeding $150,000.
24. Three thousand dollars shall be paid out of the Cherokee funds
to the Eev. Evan Jones, now in poverty and crippled, as a reward for
forty years' faithful missionary labors in the nation.
25. All bounty and pay of deceased Cherokee soldiers remaining un-
claimed at the expiration of two years shall be paid as the national
council may direct, to be applied to the foundation and support of an
orphan asylum.
20. The United States guarantee to the Cherokees the quiet and
peaceable possession of their country and protection against domestic
feuds and insurrection as well as hostilities of other tribes. They shall
also be protected from intrusion by all unauthorized citizens of the
United States attempting to settle on their lands or reside in their ter-
ritory. Damages resulting from hostilities among the Indian tribes
shall be charged to the tribe beginning the same.
27. The United States shall have the right to establish one or more
military posts in the Cherokee Nation. No sutler or other person, except
the medical department proper, shall have the right to introduce spirit-
uous, vinous, or malt liquors into the country, and then only for strictly
medical purposes. All unauthorized persons are prohibited from coming
into or remaining in the Cherokee Nation, and it is the duty of the
United States agent to have .nich persons removed as required by the
Indian intercourse laws of the United States.
2S. The United States agree to pay for provisions and clothing fur-
nished the army of Appotholehala in the winter of 1861 and 1802 a sum
not exceeding $10,000.
340 CHEROKEE NATION OF INDIANS.
29. The United States agree to pay out, of the proceeds of sale of
Cherokee lands $10,000, or so much thereof as may beuecessary, todefray
the expenses of the Cherokee delegates and representatives invited to
Washington by the United States to conclude this treaty, and also to
pay the reasonable costs and expenses of the delegates of the Southern
Cherokees.
30. The United States agree to pay not exceeding $20,000 to cover
losses sustained by missionaries or missionary societies, in being driven
from the Cherokee country by United States agents and on account
of property taken and destroyed by United States troops.
31. All provisions of former treaties not inconsistent ■with this treaty
shall continue in force; and nothing hei-ein shall be construed as an
acknowledgment by the United States or as a relinquishment by the
Cherokee Xation of any claims or demands under the guarantees of
former treaties, except as herein expressly provided.
TREATY CONCLUDED APRIL 27, 1868; PROCLAIMED JUNE 10, 186?.'
Held at W((>ihi)i{/to)i, D. C, between Xathanicl G. Taylor, eommisskmer
on thei)art of the United tStates, and the duly authorized delegates of the
Cherokee Nation.
5IATEEIAL PROVISIONS.
This treaty is concluded as a supplemental article to the treaty of
July 19, 18GG.
After reciting that a contract was entered into August 30, 1866,
for the sale of the Cherokee neutral land, between James Uarlan, Sec-
retaiy of the Interior, and the American Emigrant Company; that
such contract had been annulled as illegal by O. H. Browning, as Sec-
retary of the Interior, who in turn entered into a contract of sale
October 9, 1867, with James F. Joy, for the same lands, it is agreed by
this treaty, in order to prevent litigation and to harmonize conflicting
interests, as follows, viz: An assignment of the contract of August
30, 1866, with the American Emigrant Company shall be made to James
F. Joy. Said contract as hereinafter modified is reaffirmed and de-
clared valid. The contract with James F. Joy of October 9, 1867, shall
I)e reliuqiwshed and canceled by said Joy or his attorney. The said
first contract, as hereinafter modified, and the assignment thereof, to-
gether with the relinquishment of the second contract, are hei-eby rati-
fied and confirmed whenever such assignment and relinquishment shall
be entered of record in the Department of the Interior, and when said
Joy shall have accepted such assignment and entered into contract to
perform all the obligations of the American Emigrant Company under
.said first contract as hereinafter modified.
The modifications of said contract are declared to be :
1. Within ten days from the ratification of this treaty. $75,000 shall
' United States Statutes at Large, Vol. XVI, p. 727.
KovrE.i TREATY OF APRIL 27, 1868. 341
be paid to the Secretary of the Interior, as trustee for tlie Cherokee
Natiou.
2. The other deferred payments shall be paid when they fall due,
with interest only from the ratiticatiou hereof.
It is distinctly understood that said Joy shall take only the residue
of said lands after securing to " actual settlers " the lands to which
they are entitled under the amended seventeenth article of the treaty of
July 19, 1S6G. The proceeds of the sales of such lands so occupied by
settlers shall inure to the benefit of the Cherokee Xation.
HISTORICAL DATA.
UNITED STATKS DESIRE TO REMOVE INDIANS FROM KANSAS TO INDIAN TERRITORY.
It had for several years been the hope of the Government that so soon
as the war was ended arrangements could be perfected whereby coi^ces-
sions of territory could be obtained from the principal Southern tribes.
To territory thus acquired it was proposed, after obtaining their consent,
to remove the several tribes possessing reservations in Kansas, or at
least such of them as were not prepared or willing to dissolve their
tribal relations and become citizens of the United States. The fertile
and agreeable prairies of that State were being rapidly absorbed by an
ever increasing stream of immigration, which gave promise as soon as
the war should close and the armies be disbanded of an indefinite in-
ci'ease. The numerous Indian reservations dotting the face of the
State in all directions afforded most desirable farming and grazing lands
that would soon be needed for this rai)idly multiplying white population.
COUNCIL OK SOUTHERN TRIBES AT CAMP NAPOLEON.
It was, therefore, with much gratification that the Secretary of the
Interior learned during the month of June, 1865,' of the holding of a
council at Camp Napoleon, Chattatomha, on the 2Ith of May preceding,
which was attended bj' representatives of all the southern and south-
western tribes, as well as by the Osages. At this council delegates
representing each tribe had been appointed to visit Washington, author-
ized to enter into treaty negotiations. Before these delegations were
ready to start, however, it had been determined by the President to
appoint special commissioners, who should proceed to the Indian coun-
trj' and meet them at Fort Smith.
GENERAL COUNCIL AT FORT SMITH.
This commission as constituted consisted of D. N. Cooley, Com-
missioner of Indian Aflairs ; Elijah Sells, superintendent of Indian
affairs; Thomas AYistar, a leading Quaker; General W. S. Harney, of
the United States Army; and Col. E. S. I'ai'ker, of General Grant's
'Letter of General J. J. Reynolds to Secretary of the luterior, June 28, 1865;
jiriutcd in report of Commissioner of Indian Aifairs for 1865, p. 29."i.
342 CHEROKEE NATION OF INDIANS.
staif.' Proceeding to Fort Sinitb, the couucil was conveued on the
8tli day of September, aud was attended by delegates represeuticg the
Creeks, Choctaws, Cbickasaws, Cberokees, Seminoles, Osages, Seneeas,
Sliawuees, Qnapaws, Wyandots, Wicbitas, and Couiancbes. In opening
the couucil tbe Indians were informed tbat tbe commissioners bad been
sent to ascertain tbeir disposition and feeling toward the United States;
tbat most of them bad violated tbeir treaty obligations to tbe Govem-
lueut and, by entering into diplomatic relations with tbe so-called Con-
federate States, bad forfeited all right to tbe protection of tbe United
States and subjected tbeir ^jroperty to tbe iienalty of confiscation.
Tbey were assured, however, tbat tbe Government bad no disposition
to deal harshly with tbem. On the contrary, it was desirous of under-
taking such measures as would conduce to tbeir happiness, aud was
especially determined to grant handsome recognition to those of tbem
wbt)se loyalty bad been so firmly and consistently manifested in the face
of the most cruelly adverse conditions. The council continued in ses-
sion for thirteen days. On the second da,y the Indians were informed
tbat tbe commissioners were empowered to enter into treaties with tbe
several tribes upon tbe basis of the following propositions :
1. That ojjposing factions of each tribe must enter into a treaty for
permanent peace and amity among themselves : also between each other
as tribes, and with tbe United States.
2. Tbe tribes settled in tbe "Indian country" should bind themselves
at tbe call of tbe United States authorities to assist in compelling tbe
wild tribes of tbe plains to keep the peace.
3. Slavery should be abolished and measures should be taken to incor-
porate tbe slaves into tbe several tribes, with their rights guaranteed.
4. A general stipulation as to tbe final abolition of slavery.
5. A part of tbe Indian country should be set apart to be purchased
for the use of such Indians from Kansas or elsewhere as the Govern-
ment should desire to colonize therein.
C. That the policy of the Government to unite all the Indian tribes
of this region into one consolidated government should be accepted.
7. That no white persons, except Government employes or officers or
employes of internal improvement companies authorized by Govern-
ment, should be permitted to reside in tbe country unless incorporated
with the several nations.
Seasons fur Cherolee disloyalty . — Tbe subsequent sessions of the couu-
cil were largely taken up in tbe discussion of these propositions by the
representatives of tbe various tribes. It is only with the conduct of
the Cberokees, however, tbat the present history is concerned. Tbe
address of the representatives of tbe "loyal" portion of this tribe is
especially noteworthy in Ibis, that they charged tbe cause of tbeir alli-
ance with tbe rebel authorities upon tbe United States, by reason of the
' Report of D. N. Cooley, president of tbe commission, dated October 30, 1S65.
RovcE.] TREATY OF APRIL 27, 1868. 343
latter baviug violated its treaty obligatious iu failiug to give them pro-
tection, whereby they were compelled to euteriuto treaty relations with
the Confederacy. This statement the president of the commission took
occasion to traverse, and to assure them of the existence of abundant
evidence that their alliance with the Confederacy was voluntary aud
unnecessary.
Before the close of the council it was ascertained that no final and
definite treaties could be made with the tribes represented, for the rea-
son that until the differences between the loyal and disloyal portions
could be healed no truly representative delegations of both factions
could be assembled in council. Prelimiuary articles of peace and amity
■with the different factions of each tribe were prepared and signed as a
basis for future negotiations.
Factional hostility among the Vherolees. — The only tribe with whom
the commissioners were unsuccessful iu reestablishing friendly relations
between these factions was the Cherokees.^
The ancient feuds between the Eoss and Eidge parties were still
remembered. Many of the latter who had remained under Stand
Watie iu the service of the Confederacy until the close of the war were
yet debarred from returning to their old homes, aud were living in great
destitution on the banks of the Eed Eiver.^ When the Eoss party
had returned to their allegiance, in 1SC3, their national council had
passed an act of confiscatiou- against the Watie faction, which had been
enforced with the utmost rigor, so that some five or six thousand mem-
bers of the tribe had been rendered houseless, homeless, and vagabonds
upon the face of the earth. All prospect of securing a reconciliation
between these parties was for the time being abandoned by the com-
missionei's, and the proposition was seriously considered of securing a
home for Watie and his followers among the Choctaws or Chickasaws.^
John Ross not recognized rts jiHwcyio? chief. — On the day^ on which the
draft of the proposed preliminary treaty was presented to the council
by the commissioners John Eoss arrived in the camp of the Cherokees.
It had already been determiued by the commissioners among themselves
that his record had been such as to preclude his recognition by them as
principal chief of that nation, aud it was believed that his influence was
being used to prevent the loyal Cherokees from coming to any amicable
arrangement with their Southern brethren.
The chairman therefore read to the council^ a paper signed by the
several commissioners, reciting the machinations and deceptions of
John Eoss. It was alleged that he did not represent the will and wishes
of the loyal Cherokees, and was not the choice of any considerable por-
' Report of D. N. Cooley, president of the commission, dated October 30, 1865.
= Report of Commissioner of Indian Affairs for 1865, p. 36.
'Report of Elijali Sells, superintendent of Indian Affairs, October 16, 1865.
■•September 13, 1865.
'" September 15, 1865. ^
344 CHEROKEE NATION OF INDIANS.
tioii of the nation for the office claimed by him, au office which by the
Cherokee law the commissioners believed he did not in fact hold. They
therefore refused, as commissioners representing the interests of the
United States, to recognize Eoss in any manner as the chief of the
Cherokee Nation.
Loyal CheroJiccs will sign treaty conditionally. — At the same sitting of
the council, Colonel Eeese, of the loyal Cherokee delegation, declared
that tlH\y were willing to sign the proposed treaty, but in so doing
would not acknowledge that they had forfeited their rights and privi-
leges to annuities and lands as set forth in the preamble, but that their
signatures must be made under the following statement, viz : " We, the
loyal delegation, acknowledge the execution of the treatj- of October 7,
1861, but we solemnly declare that the execution was procured by the
coercion of the rebel army."
Southern Cherol-ees icill sign treaty conditionally. — On the following
day • the credentials of the Southern Clierokees were presented by E.
C. Boudinot, accompanied by the statement that they cordially acceded
to the 1st, 2d, -Ith, 5th, and 7th propositions of the commissioners with-
out qualification ; that they accepted the abolition of slavery as an ac-
complished fact, and were willing to give such fact legal significance
by appropriate acts of council. They insisted, however, that it would
neither be for the benefit of the emancipated negro nor for that of the
Indian to incorporate the former into the tribe on an equal footing with
its original members. They were also opposed to the policy of consoli-
dating all the tribes in the Indian Territory under one government,
because of the many incongruous and irreconcilable elements which no
power could bring into a semblance of assimilation.^
Southern Ghcrolees want a division of territory. — They had already
proffered and were willing again to proffer the olive-branch of peace and
reconciliation to their brethren of the so called loyal portion of the nation,
but respectfully urged that after all the blood that had been shed and
the intense bitterness that seemed to fill the bosoms of their brethren
they ought not to be expected to live in an undivided country. They
wished peace, and they believed they could have it in no other way than
by an equitable division of the Cherokee country in such manner as
should seem most appropriate to the United States.
Statement by John Ross. — The delegation of loyal Cherokees at the
next session of the couuciP presented their exceptions to the action of
the commissioners in declining to recognize John Eoss and that gentle-
man was permitted to make a statement in his own behalf. The con-
stantlj' accumulating evidence against him was such, however, as to
more fully confirm the commissioners in the propriety of their previous -
action.
' September 16, 18G5.
-Thia objection to consolidatiou was afterwards withdrawn, and, based upon fuller
information of the proposed plan, was most fully concurred in.
^ September 18, 1S65.
Kovci;.). TREATY OF APRIL 27, 1S68. 345
On tlie 21st of September the couucil adjourned, to meet again at the
call of the Secretary of the Interior.
CONFERENCE AT WASHINGTON, D. C.
Ei>rly ill 1866, in accordance with the understanding had at the ad-
journment of the Fort Smitli council, delegations representing both
factions of the Oherokees jiroceeded to Washington for the purpose of
concluding some definite articles of agreement with the United States.
They were represented by eminent counsel in the persons of General
Thomas Ewing for the loj'al and Hon. D. W. Voorhees for the Southern
element. Many joint interviews and discussions were held iu the pres-
ence of Commissioners Cooley, Parker, and Sells, but without any hope-
ful results. The bitterness exhibited in these discussions upon both
sides gave but little promise that enmities of more than twenty years'
standing could be subordinated to the demands of a peaceful and har-
monious government. The Southern element, which numbered about
sixtj'flve hundred, constituted but a minority of the whole nation.
These, with the exception of perhaps two hundred, were still living in
banishment among the Choctaws and Chickasaws, and felt it would be
unsafe to return to their old homes with the Ross party in full pos-
session of the machinery of government and ready to ajiply with sever-
est rigor the enginery of their confiscation law. Tiieir representatives
were therefore instructed to demand, as the only liojic for their future
peace and happiness, a division of the Cherokee lands and funds iu pro-
portion to their numbers between the two contending parties.^ On the
other hand, the representatives of the Ross or loyal party insisted that
there was no good reason existing why the Southern element should be
unable to dwell harmoniously with them in the same country and under
the same laws, which they asserted always had been and always would
be impartially and justly administered, so far as they were concerned.
A just feeling of national pride would always forbid their consent
to any scheme against the integrity and unity of the whole Cherokee
Nation. But, while they were thus on principle compelled to antago-
nixe the demand of the Southern faction, yet if that element felt the
impossibility of living comfortably in the midst of their loyal breth-
ren the latter were willing that the portion of their national domain
known as the Canadian district should be devoted to their sole occupa-
tion and settlement for a period of two years or until the President of
the United States should deem it inadvisable to longer continue such
exclusiveness.^ To this again the. Southern Cherokees refused assent,
- ' statement of Soiithcru delegation at an interview held with Commissioners Cooley
and Sells, March 30, 18C(). They also proposed that a census be taken and each man
be allowed to decide whether or not he would live under the jurisdiction of the Ross
party.
-Statement of loyal delefration at interview held with Commissioners Cooley and
Sells, Marcli 30, 18G6.
346 CHEROKEE NATION OF INDIANS.
because of the iusiifflcieut area of the Cauadiau district, aud because
they were unwilling to trust themselves under the jurisdiction of their
enemies' laws aud courts.
Factious conduct of both paytics. — Each faction was desirous of mak-
ing a treaty with the Government, and each was fearful lest the United
States should recognize the other as the proper party with which to
conclude that treaty. The United States ofiicials were convinced that
the Eoss party represented the rightfully constituted authorities of
the nation, and their delegates were thus the only really authorized
l^ersons with whom a treaty could with strict propriety be made. But
they were also convinced that it would be highly imi)roiier to conclude
any treaty which should leave the Southern Chei'okees in any degi-ee
subject to the malice and revengeful disposition of their enemies. It
was the desire of the United States to secure from the Cherokees a
cession of sufficient land upon which to colonize the Indian tribes then
resident in Kansas. The Southern party therefore agreed to cede for
that purpose all of the Cherokee domain west of 90° west longitude,
and to sell the "neutral land" for the sum of $500,000, provided the
Government would treat with them. The loyal party, however, re-
fused to cede any territory for purposes of colonization east of 97° west
longitude, aud demanded $1,000,000 for the "neutral land," at the same
time assuming that the United States had no right or authority to en-
tertain any proi)Osition from any other source whatever involving the
disposition of the domain or funds of the Cherokee Nation.'
Interviews, consultations, and discussions followed each other in rapid
succession, covering a period of several months, with no apparent ap-
proach toward a final agreement.
Treaty concluded irith Southern Cherolices. — At length the United
States commissioners despairing of success with the loyal element,
concluded a treaty with the Southern party .^
Among other things, this treaty i)rovided that a <juantity of land
equal to 100 acres for every man, woman, and child, including the freed-
men belonging to the Southern party, and also for each North Caro-
lina Cherokee who should, within one year, remove aad join them,
should be set apart in that portion of their territory known as the Ca-
nadian district, for their sole use and occupancy. In case this district
should afford an insufficient area of land, there should be added a fur-
ther tract extending northward and lying between Grand liiver and
the Creek boundary, and still further northward and westward between
that river and the line of 95° 30' west longitude, or a line as far west
if necessary as 90° west longitude, until the necessary complement of
land, based upon a census of their people, should be secured. It was
further agreed that the Southern Cherokees should have exclusive
' Sundry interviews Tietween Commissioners Cooley and Sells and the loyal and
Soiitlieru delegatious, from March to June, 18GG.
-June 13, 1865.
ROYCE.l TREATY OF APKlL 27, 1868. 347
jurisdiction and control in the Canadian district, soutLwest of the Ar-
kansas Eiver, and of all that tract of country lying northeast of the
Arkansas Eiver and bounded on the east by Grand Eiver, north by
the line of 30° 30' north latitude, and west by 90° of west longi-
tude and the Creek reservation. In consideration of these things, the
Southern Cherokees ceded absolutely to the United States all other
Cherokee lands owned by them, at such price as should be agreed upon
by the respective parties, whenever the Northern or loyal Cherokees
should agree with the United States to sell the same. The sale of the
"neutral land" was provided for at a sum per acre to be fixed by flie
President, which should amount in the aggregate to not less than
$500,000. In all future negotiations with the United States, as in the
past, but one Cherokee Nation should be recognized, but each of the
two parties or divisions should be represented by delegates iu propor-
tion to their respective numbers. All moneys due the nation should
be divided between the parties iu the same proportion, and whenever
the state of feeling throughout the nation should become sucli as by
their own desire to render a complete and harmonious rennion of the
two factions practicable, the United States would consent to the ac-
complishment of such a measure.
This treaty was duly signed, witnessed, and trausmitted through the
Secretary of the Interior to the President for submission to the Senate
of the United States. The President retained it for more than a month,
when, upon the conclusion of a treaty under date of July 19, ISGC,' with
the loyal Cherokees, he returned the former to the commissioners at
the time he transmitted the latter instrument to the Senate for the
advice and consent of that body to its ratification.
Treaty concluded ivith loyal Cherokees. — The treaty of July 19, though
not filling the full measure of desire on the part of the United States,
and though not thoroughly satisfactory in its terms to either of the
discordant Cherokee elements, was the best compromise that could
be effected under the circumstances, and was ratified and proclaimed
August 11, 18CC. It is unnecessary to recite its provisions here, as a full
abstract of them has been given in the preceding pages. Nine days
prior to its conclusion the Secretary of the Interior addressed a com-
muuication to Commissioner Cooley, who was president of the board of
treaty commissioners, reminding him of their action the preceding fall
at Fort Smith in suspending John Eoss from his functions as principal
chief, suggesting that the reasons rendering that action necessary at
the time no longer existed, and giving his consent, in case the commis-
sioners should feel so inclined, to the immediate recognition of Eoss in
that capacity.
Death of John Ross. — The old man was at this time unable, by reason
of illness, to participate in the deliberations concerning the new treaty,^
' United States Statutes at Large, Vol. XIV, p. 799.
'See preamble to treaty of July 19, 18 )3.
348 CHEROKEE NATION OF INDIANS.
and witliin a few days thereafter lie died. He was in many respects a
reniai'kable man. Though of Scotch-Indian parentage he was the cham-
pion of the full-blood as against the mixed-blood members of the nation,
and for nearly half a century had been a prominent figure in all the im-
portant aflairs of the Cherokee Nation. Notwithstanding his many op-
portunities for immense gains he seems to have died a poor man and
his family were left without the necessaries of life. His sixty slaves,
and everything he possessed in the way of houses, stock, and other like
property, were swept away during the war.'
CKSSION AND SALE OF CUEIiOKEK STIUI' AND NKUTnAI. LANDS.
The seventeenth article of the treaty of July 19, 18CC, ceded to the
T'nited States, in trust to be disposed of for the benefit of the Chero-
kees, both the tract known as the " neutral land," i)revious]y alluded
to, and that known as the " Cherokee strip." The latter was a narrow
strip, extending fion^ the Neosho River west to the western limit of the
Ciierokee lands. The Cherokee domain, as described in the treaty of
1835, extended northward to the south line of the Osage lands. When
the State of Kansas was admitted to tiie Union its south boundary was
made coincident with the thirty-seventh degree of north latitude, which
was found to run a short distance to the southward of the southern
Osage boundary, thus leaving the narrow "strip" of Cherokee lands
within the boundaries of that State.
The proviso of the seventeenth article Just mentioned retpiired that
the lands therein ceded should be surveyed, after the manner of survey-
ing the public laiuls of the United States, and should be appraised by
two comnussioners, one of whom should be ai)poiiited by the United
States and the other by the Cherokee Nation, such appraisement not to
average less than $1.25 per acre. After such appraisement, the lands
were to be sold niider the direction of the Secretary of the Interior on
sealed bids, in tracts of not exceeding IGO acres each, for cash, with the
proviso that nothing should forbid the sale, if deemed for the best inter-
ests of the Indians, of the entire tract of " neutral land" (except the por-
' Jolin Ross, or Kooeskoowe, was of mixed Scotch and Indian blood on both father's
and mother's side. His maternal grandfather was John Stnart, who for many years
piior to the Eevolutiouary war was British superintendent of Indian aft'airs for the
southern tribes and who married a Cherokee woman. He was horn about 1790 in
that portion of the Cherokee Nation within the present limits of Georgia, and died in
Washington, D. C, August 1, ISrO. As early as ISV.S Ross made a tripto the Cherokee
country west of the Mississippi, ascending the Arkansas River to the present limits
of Indian Territory, and wrote a detailed account of the situation and prospects of
his bretlnvn, the cUaractcr of the country, etc. In 1H20 (and perhap.s earlier) ho had
become president of the Cherokee national committee, and continued so until the
adoption of a constitution by the Cherokee Nation, July 20, 18:J". Of this coustitu-
tional convention Mr. Ro.ss was the president, and under its operation he was elected
principal chief, a position which he continned to hold until his death.
noYcE] TEEATY OF APRIL 27, 1868. 349
tiou occupied by actual settlers) in one body to any responsible party for
cash for a sum not less than 8800,000. An exception was made as to
the lauds which were occupied bj' bona tide white settlers at the date
of the signing of the treaty, who were allowed the privilege of purchas-
ing at the appraised value, exclusive of their improvements, in quanti-
ties of not exceeding 100 acres each, to include such improvements.
The language of this seventeenth article being somewhat obscure and
subject to different interpretations as to the actual intent concerning
the method of disposing of the " Cherokee strip,'' no action was taken
toward its survey and sale until the year 1872, when by an act of Con-
gress' provision was made for the appraisal of that portion of it Ij'ing
east of Arkansas River at not less than $2 per acre, and the portion
west of that river at not less than $1.50 per acre. Further provision
was also made, by the same act, for its disposal on certain conditions
to actual settlers, and any i)ortion not being rendered amenable to these
conditions was to be sold on sealed bids at not less than the minimum
l^rice fixed by the act. A considerable quantity of the most fertile por-
tion of the tract was thus disposed of to actual settlers, though, as an
encouragement to the sale, Congress was iiuluced to pass an act^ ex-
tending the limit of payment required of settlers to January 1, 1875.
The price fixed by the act of 1872 being so high as to render the re-
mainder of the land unattractive to settlers, a subsequent act of Con-
gress^ directed tliat all unsold portions of the said tract should be
offered through the General Land Office to settlers at $1.25 per acre, for
the period of one year, and that all land remaining unsold at the ex-
piration of that period should be sold for cash at not less than $1 per
acre. This act was conditional upon the approval of the Cherokee
national council, which assent was promptly given, and the lands were
disposed of under its provisions.
Shortly after the ratification of the treaty of 1800 steps were taken
toward a disposition of the "neutral lands." Under date of August
30 of that year Hon. James Harlan, Secretary of the Interior, entered
into a contract with a corporation known as the American Emigrant
Company, whereby that company became the jiurchaserj subject to
the limitations and restrictions set forth in the seventeenth article of the
treaty, of the whole tract of neutral land at the price of $1 per acre,
payable in installments, running through a period of several years.
This contract was subsequently declared invalid'' by Hon. O. H. Brown-
ing, the successor of Secretarj* Harlan, on the score that the proviso "for
cash,'' contained in the treaty of 18GG, in the common business accepta-
tion of the term, meant a payment of the purchase price in full by the
' May 11, 1872. United States Statutes at Large, Vol. XVII, p. 98.
= April 2S), 1874. United States Statutes at Large, Vol. XVIII, p. 41.
3 February 28, 1877. United States Statutes at Large, Vol. XIX, p. 2G5.
" Sec treaty of April 27, 1868. United States Statutes at Large, Vol. X^"I, p. 727.
350 CHEROKEE NATION OF INDIANS.
purchaser at the time of the sale, aud was intended to forbid any sale
on deferred payments.
In the following spring' an agreement was entered into between the
Cherokee authorities and the Atlantic aud Pacific Eailway Company,
which involved a modification of the seventeenth article of the treaty of
18GG, aud engaged to sell tlie "neutral lauds" to that company on ci-edit.
This agreement was submitted by the Commissioner of Indian Affairs
to the Secretary of the Interior for trausmissiou through the President
to the Senate for ratification as an amended article to the treaty of
July 19, 18GG, but did not meet with favorable action. Subsequently'
the Secretary of the Interior entered into an agreement with James F.
Joy, of Detroit, Midi., whereby the latter became the purchaser of all
that portion of the "neutral laud" not subject to the rights of actual
settlers, at the price of $1 per acre in cash. Uifficulties having iiriseu
by reason of the conflicting claims of the different would-be ]>urchasers,
it was finally deemed judicious to obviate them by concluding a sup-
plemental article to the treaty of ISGG. This was accordingly done, at
Washington, on the 27th of April, 18GS, and the same was ratified and
proclaimed on the lOtli of June following.-' This supplemental treaty
provided for the assignment by the American Emigrant Company to
James F. Joy of its contract of August 30, 18GG. It was further stip-
ulated that that contract, in a modified form, should be reaftirmed and
declared valid, aud that the contract entered into with James F. Joy
on the 9th of October, 1SG7, should be relinquished and canceled.
Furthermore, it was agreed that the first contract, as modified, and the
assignment to Joj', together with the relinquishment of the second con-
tract, should be considered ratified and confirmed whenever such as-
signment and relinquishment should be entered of record in the De-
partment of the Interior and when James F. Joy should have accejited
such assignment and entered into a contract with the Secretary of the
Interior to assixme and perform all the obligations of the American
Emigrant Company under the first mentioned contract as modified.
The assignment of their contract with Secretary Ilarlan by the Amer-
ican Emigrant Company to James F. Joj' was made on theGth of June,
18G8. The contract of October 9, 18G7, between Secretary Browning
aud James F. Joy was relinquished by the latter June 8, 18G8, and on
the same day a new contract was entered into with Joy accepting the
assignment of the American Emigrant Company aad undertaking to
assume aud perform all the obligations of the original contractor there-
under, subject to the modifications prescribed in the supplemental
treaty of April 27, ISGS.^
' See report of Commissioner of Indian Affairs to Secretary of Interior, Marcli 1,
1867, transmitting the agreement.
-October 9, 1867.
» United States Statutes at Large, Vol. XVI, p. 727.
■•See ludiau Office records.
BOTCE] TREATY OP APRIL 27, 1868. 351
The requirement of the treaty of 1866 as to the appraisal of the neu-
tral lauds was carried into effect by the appointment of John T. Cox, ou
behalf of the United States, and of William A. Phillips, on behalf of
the Cherokees, as commissioner's of appraisal. From their report as
corrected it is ascertained that the quantity awarded to settlers was
154,395.12 ' acres ; quantity purchased by Joy under his contract,
010,199.09 acres. A portion of the lands awarded to settlers, but upon
which default was made in payment, and amounting to 3,2.31.21 '^ acres,
was advertised and sold ou sealed bids to the highest bidders.' A
small portion* of the tract was also absorbed by the claims of Chero-
kees who were settled thereon. The entire area of the neutral lauds,
as shown by the plats of survey, was 799,011.72 acres.
APPRAISAL or CONFISCATED PROPERTY — CENSUS.
In i)ursuance of the third article of the treaty of 1860, and in accord-
ance with the terms of an act of Congress approved July 27, 1808,-' H.
E. Kretschmar, on behalf of the United States, and Stephens, ou
behalf of the Cherokee Nation, were appointed, in the summer of 1808,'^
commissioners to appraise the cost of property and improvements on
farms confiscated and sold by the Cherokee Nation from acts growing
out of the Southern rebellion. J. J. Uumphreys had been appointed
May 21 of the preceding year to perform tlie same duties, but had not
fulfilled the object of his instructions. The commission reported" the
value of the improvements of the character referred to as $4,057.
Mr. H. Tompkins was designated in the summer of 1867" to take
the census of Cherokees in the Indian Territory contemplated by the
twelfth article of the treaty of 1860. From his returns it appears that
the nation then numbered 13,566 souls.
' NEW TREATY CONCLUDED BUT NEVER RATIFIED.
During the two yeai's following the conclusion of the treat}' of 1866
peace and quietude prevailed among the Cherokees. They were blessed
with abundant crops and the bitter animosities of the past years became
greatly softened, insomuch that the Secretary of the Interior, in the
spring of 1808,^ under the authority of the President, directed that ne-
gotiations be opened with tliein for a new treaty in con]]iliance with
their request.'" Articles of agreement were accordingly entered into
'See report of Commissioner ludian Affairs for 1S7U, p. 376.
^See report of Commissiouer Indian Affairs for If:'!, p. 671
^August 11, 1871.
4 5,01<).91 acres.
sUnited States Statutes at Large, Vol. XV, p. 222.
"Augnst 27, 1868.
" December 23, 1868.
'July 6,1867.
9 March 3, 1868.
"February 26, 1868.
352 CHEEOKEE NATION OF INDIANS.
on the 9th of July, 1868,^ between N. G. Taylor, commissioner on be-
half of the United States, and the principal chiefs and delegates repre-
senting the Cherokee Nation. The reasons rendering this treaty both
desirable and necessary are thus set forth iu the preamble, viz :
Whereas the feuds and dissensions which for many years divided the Cherokees
and retarded their progress and civilization have ceased to exist, and there remains
no longer any cause for maintaining the political divisions and distinctions contem-
plated hy the treat}' of I'Jth July, 16G6 ; and whereas the whole Cherokee people
are now united iu peace and friendship, and are earnestly desirous of preserving and
jierpetuating the harmony and unity prevailing among them ; and whereas many of
the provisions of said treaty of July 19, 18156, are so obscure aud ambiguous as to render
their true intent and meaning on imj>ortaut points difficnlt to define and impossi-
ble to execute aud may become a fruitful source of conflict not only amongst the Chero-
kees themselves but between the authorities of the United States and the Cherokee
Nation and citizens; and whereas important interests remain unsettled between the
Governmeut of the United States and the Cherokee Nation and its citizens, which in
justice to all concerned ought to be speedily adjusted : Therefore, with a view to the
preservation of that harmony which now so happily subsists among the Cherokees,
and to the adjustment of all unsettled business growing out of treaty stipulations
between the Cherokee Nation and the Government of the United States, it is mutu-
ally agreed by the parties to this treaty as follows, etc.
Among the more important objects sought to be accomplished, and for
which provision was made in the treaty, were :
1. The abolition of all party distinctions among the Cherokees aud
the abrogation of all laws or treaty provisions tending to preserve such
distinctions.
2. The boundaries of the Cherokee country are defiued in detail and
as extending as far west as the northeast corner of New Mexico.
3. The United States reafBrm all obligations to the Cherokees arising
out of treaty stipulations or legislative acts of the Government.
4. The United States having by article 2 of the treaty with tlie Co-
manches and Kiowas of October IS, ISGo, set apart for their use and
occupation and that of other friendly tribes that portion of the Cherokee
domain lying west of 98° W. longitude and soitth of 37° N. latitude ; and
having further, by article 3G of Cherokee treaty of July 19, ISCG, set
apart in effect for the like purpose of settling friendly Indians thereon
all the remaining Cherokee domain west of 90° "W. longitude, agree to
pay to the Cherokees therefor, including the tract known as the " Chero-
kee strip," in the State of Kansas, aud estimated to contain in the
aggregate the quantity of 13,708,000 acres, the sum of $3,500,000. This
agreement was accompanied with the proviso that the Cherokees should
further relinquish to the United States all right and interest in aud to
that portion of the Cherokee " outlet " embraced within the Pan Handle
of Texas, containing about 3,000,000 acres, as well as that portion within
Ifew Mexico and Colorado, excepting and reserving, however, all salines
west of 99° to the Cherokees.
5. The United States agree to refund to the Cherokees the sum of
'See document " Fortieth Congress, second session — confideutial — Executive 3 P."
KOvcE.l TREATY OF APRIL 2?, 1868. 353
$500,000 paid by the latter for the tract of "neutral laud," uuder tlie
treaty of 1S35, together with 5 per cent, interest from the date of that
treaty, and to apply for the use and benefit of the former all moneys
accruing from the sale of that tract.
C. The United States agree to ascertain the number of acres of land
reserved and owned by the Cherokee Nation in the State of Arkansas,
and in States east of the Mississijipi River, and to pay to the Cherokees
the appraised value thereof.
7. The United States agree to pay all arrears of Cherokee annuities
accruing during the war and remaining unpaid.
8. Citizens of the Uuited States having become citizens of the Cher-
okee Xation, shall not be held to answer before any court of the United
States any further than if they were native-born Cherokees. All Cher-
okees shall be held to answer for any offense committed among them-
selves within the Cherokee Xation only to the courts of that nation,
and for any offense committed without the limits of the nation shall be
answerable only in the courts of the United States.
9. The post and reservation of Fort Gibson having been reoccupied
by the United States, it is agreed that all Cherokees who purchased
lots at the former sale of the military reserve by the Cherokee authori-
ties, after its abandonment by the United States, shall be reimbursed
for all losses occasioned by such military reoccupation.
10. The United States shall continue to appoint a superintendent of
Indian affairs for the Indian Territory and an agent for the Cherokees.
11. A commission of three i)ersons (two citizens of the United States
and one Cherokee) shall be appointed to pass upon and adjudicate all
claims of the Cherokee Nation, or its citizens, against the Uuited States,
or any of the several States.
12. The i^owers of the agent provided for by the twenty-second arti-
cle of the treaty of 1866 to examine the accounts of the Cherokee Na-
tion with the United States are enlarged to include the accounts of
individual Cherokees with the United States.
13. All claims against the United States for Cherokee losses through
the action of the military authorities of the United States, or from the
neglect of the latter to afford the protection to the Cherokees guaran-
teed by treaty stipulation, are to be examined and reported on by the
commission appointed under the eleventh article of this treaty.
14. Full faith and credit shall be given hy the United States to the
public acts, records, and Judicial jiroceedings of the Cherokee Nation
when properly authenticated.
15. Cherokees east of the Mississippi River, who remove within three
years to the Cherokee Nation, shall be entitled to all the privileges of
citizens thereof. After that date they can only be admitted to citizen-
ship by act of the Cherokee national council.
10. Every Cherokee shall have the free right to sell, ship, or drive to
market any of his produce, wares, or live stock without taxation by the
5 ETH 23
354 CHEROKEE NATION OF INDIANS.
United States, or any State, and no license to trade in the Cherokee
Nation .shall be granted unless approved by the Cherokee council.
17. Fifty thousand dollars shall be allowed for the expenses of the
Cherokee delegation iu negotiating this treaty, one half to be paid out
of their national fund.
18. Executors and administrators of the owners of confiscated prop-
erty shall have the right, under the third article of the treaty of ISGO, to
take possession of snch property.
19. Twenty-four thousand dollars shall be paid by the Cherokee Na-
tion to the heir of Bluford "West, as the value of a saline and improve-
ments of which he was dispossessed.
20. Abrogation is declared of so much of article 7, treaty of 18G0, as
vests iu United States courts jurisdiction of causes arising between
citizens of the Cherokee Nation, and transfers such juiisdiction to the
Cherokee courts.
21. Provision of the treaty of 1866 relative to freeduien is reaffirmed ;
the United Stales guarantee the Cherokees in the possession of their
lauds and protection from domestic strife, hostile invasions, and aggres-
sions by other Indian tribes or lawless whites.
BOUNDARIES OF THE CHEROKEE DOMAIN.
During the proceedings incident to the negotiation of this treaty the
question arose as to what constituted the proper western limit of the
Cherokee country.
The Cherokees themselves claimed that their territory extended at
least as far west as 103° west longitude, being the northeast corner of
New Mexico. Their claim was based iu part upon the second article of
the treaty of 1828,^ the first article of the treaty of 1833,^ the second
article of the treaty of 1835,^ and the first article of the treaty of 1816.*'
The treaty of 1828 guaranteed to the Cherokees seven millions of
acres of land, and then declared in the following words: "In addition
to the seven millions of acres thus provided for, and bounded, the
United States further guarantee to the Cherokee Nation a perpetual
outlet west, and a free and unmolested use of all the country lying west
of the western boundary of the above described limits, and as far west
as the sovereignty of the United States and their right of soil extend."
This guarantee was reaflirmed in similar language by the treaties of
1833 and 1835, and the guaranty contained in the treaty of 1835 was
reaffirmed by the treaty of 1846. The question, therefore, to be deter-
mined was what constituted the extreme western limit of the sover-
eignty of the United States in that vicinity.
The colony or province of Louisiana had originally belonged to France.
'United States Statutes at Large, Vol. VII, p. 311.
»Ibid.,p. 414.
3 Ibid., p. 478.
•"United States Statutes at Large, Vol. IX, p. 871.
BOYCE] TREATY OF APRIL 27, IWiii. 355
lu 1762 it was transferred to Spain, but was by Si)aiu retroceded to
France by the treaty of 1800. In 1803 the Emperor Napoleon, fearing
a war with England and the consequent occupation of the territory by
that power, ceded it to the United States, but the boundaries of the
ceseion were very indefinite and, according to Chief Justice Marshall,
were couched in terms of " studied ambiguity."
It seems to have been consistently claimed by the United States up
to the treaty of 1819 with Spain that the western boundary of the
Louisiana purchase extended to the Eio Grande Eiver. The better
opinion seemed also to be that it followed up the Eio Grande from the
mouth to the mouth of the Pecos, and thence north. By that treaty,
however, all dispute concerning boundaries was adjusted and the unde-
fined boundary between Louisiana and Mexico was settled as following up
the course of the Sabine Eiver to the Eed Eiver; thence by the course of
that river to the one hundredth meridian, thence north to the Arkansas
Eiver and following the course of that river to the forty-second parallel,
and thence west to the Pacific Ocean. By many the position was taken
that this treaty was a nudum pactum, and Henry Clay, when it was
under consideration in the Senate, introduced a resolution into the
House of Eepresentatives declaring that Texas, being a part of the
territory of the United States, could not be ceded by the treaty making
power to a foreign country, and that the act was not only unauthorized
by the Constitution but was void for another reason, viz, that this
cession to Spain was in direct conflict with clear and positive stipula-
tions made by us in the treaty with France as to the disposition of the
whole territory. Under this theory of the invalidity of the treaty of
1819 the Cherokees claimed the extension of their boundary west of the
one hundredth meridian. But, assuming the insufficiency of this claim,
they still fortified their title upon another proposition. Mexico suc-
ceeded, by the consummation of her independence, to all the territorial
rights of Spain in this region. Texas in turn achieved her independence
of Mexico in 1836. In March, ISIS, Texas became one of the United
States, and thus, according to the Cherokee assumption, " the United
States again came into possession of that portion of the outlet west of
100°, if indeed it had ever been a part of the territory claimed by Mexico
and which by Texan independence she was forced to relinquish. The
United States, more than a year after she had come into possession of
the country now claimed by the Cherokees, reaffirmed the grant to them^
that is to say, by the treaty of August 17, 1846."
The " portion of the outlet west of 100°" here alluded to is the strip
of country lying between Kansas and Texas from north to south and
between the 100° and New Mexico from east to west. By act of
Congress of September 9, 1850,' the east boundary of New Mexico was
fixed at 103° west longitude and the north boundary of Texas at 36°
' Uuited States Statutes at Large, Vol. IX, p. 446.
356 CHEROKEE NATION OF INDIANS.
30' uortli latitude, and by act of May 30, 1854,' the south boundary of
Kansas was establislied at 37° north latitude, thus leaving this strip of
country outside the limits of any organized State or Territory, and so
it still remains. This claim of the Cherokees was admitted by the Com-
missioner of Indian Affairs at the time of the conclusion of the tieaty of
July 9, 1SG8, to be a valid one, and was inserted in the boundaries de-
lined by that treaty. The treaty, however, failed of ratification, and it
was afterwards determined by the executive authorities of the United
States that at the date of the treaty of 1835 with the Cherokees the sov-
ereignty of the United States .extended only to the one hundredth
meridian, and that the reaEBrmation of the treaty guarantee of 1835 by
subsequent treaties was not intended to enlarge the area of their ter-
ritory, but simply as an assurance that the United States were fully
conscious of their obligation to maintain tlie integrity of such guarantee.
Consequently the Cherokee outlet was limited in its western jirotrac-
tion to that meridian.
DKL/VWAKHS, MONSEKS, ANM) SHAWXEES JOIN THE CIIEROKKES.
By the fifteenth article of the treaty of ISfiG provision was made that,
upon certain conditions, the United States should have the right to
settle civilized Inilians upon any unoccu])ied Cherokee territory east of
DG° west longitude. The material conditions limiting this right were
that terms of .settlement should be agreed upon between the Cherokees
and the Indians so desiring to settle, subject to the approval of the
President of the United States; also that, in case the immigrants
desired to abandon their tribal relations and become citizens of the
Cherokee Nation, they shoidd first pay into the Cherokee national fund
a sum of money which should sustain the same proportion to that fund
that the number of immigrant Indians should sustain to the whole
Cherokee population. If, on the other hand, the immigrants should
decide to preserve their tribal relations, laws, customs, and usages not
inconsistent with the constitution and laws of the Cherokee Nation,
a tract of land was to be set apart for them by raeles and bounds
which should contain, if they so desired, a quantity equal to IGO acres
for each soul. For this land they were to pay into the Cherokee
national fund a sum to be agreed upon between themselves and the
Cherokees, subject to the approval of the President, and also a sum
bearing a ratio to the Cherokee national fund not greater than their
numbers bore to the Ciierokecs. It was also stipulated that, if the
Cherokees should refuse their assent to the location of any civilized
tribe (in a tribal capacity) east of 90°, the President of the United
States might, after a full hearing of the case, overrule their objections
atid permit the settlement to be made.
The Delawares were the first tribe to avail themselves of the benefits
of the foregoing treaty provisions. Terms of agreement were entered
1 United States Statutes .it Large, Vol. X, p. 283.
KoycE.J TREATY OF APRIL 27, 1868. 357
iuto between them aud the Cherokees, which were ratified by the
President on the 11th of April, 1867. Under the conditions of this
instrument tbe Delawares selected a tract of laud equal to 100 acres
for each member of their tribe who should remove to the Cherokee
country. For this tract they agreed to and did pay one dollar per
acre. They also paid their required proportional sum into the Chero-
kee national fund. The number of Delawares who elected to remove
under this agreement was 985. The sums they were required to pay
were: for land, $157,000; and as their proportion of the national fund,
$121,834.65, the latter amount having been calculated on the basis of
au existing Cherokee national fund of .$1,678,000 and a population of
13,506.1
For a time after their removal the Delawares were much dissatisfied
with what they characterized as the unequal operation of the Cherokee
laws, and because much of the tract of land to which they were as-
signed was of an inferior character. At one time some two hundred
of them left the Cherokee country, but after an absence of two years
returned, since which a feeling of better contentment has prevailed.
Following the Delawares, the INIunsee or Christian Indians, a small
Iragmentary band who under the treaty of July 16, 1859, had become
confederated with the Chippewas of Saginaw, Swan Creek, and Black
River, residing in Kansas, perfected arrangements for their removal and
assimilation with the Cherokees.
An agreement was entered into^ at Tahlequah, Cherokee Nation, hav-
ing this end in view, and which was duly filed with the Commissioner of
Indian Affairs.^ The condition of this agreement was that, after the
complete dissolution of their relations with the Chippewas, the Munsees
should pay into the Chei'okee national fund all moneys that should be
found due them in pursuance of such separation. In the spring of 1868
an effort was made by the Commissioner of Indian Affairs, under the
authority of this same article of the treaty of 1860, to secure a tract.
of 900,000 acres for the location of the Navajoes. This tract, it was
desired, should be so far east of 96° that sufficient room should be
left between the Navajoes and that meridian to admit of the accom-
modation of a settlement of Cherokees thereon. This proposition,
however, the Cherokees refused to entertain, asserting that the Nav-
ajoes were not civilized Indians within the meaning of the treaty of
1866.^
The next Indians to avail themselves of the privileges of Cherokee
citizenship were the Shawnees. By the treaty of 1825'* a reserve had
beeu granted them covering an area in the richest portion of what is now
• ludiau Office records.
■' December 6, 1867.
'July 31, 1868.
^ Letter of Cherokee delej^atioii to Commissioner of Indi.iu Affairs, April 23, 1868.
' Treaty of November 7, 1825, iu United .States Statutes at Large, Vid. VII, p. 284.
358 CHEROKEE NATION OF INDIANS.
the State of Kansas 50 by 120 miles in extent.' By a subsequent treaty
in 1854,1 they ceded, in deference to the demands of encroaching civili-
zation, all of this immense tract except 200,000 acres. Among those
who so elected, the greater portion of this diminished reserve was
divided into individual allotments of 200 acres each. Patents were
issued to the head of each family for the quantity thus allotted to the
members of his or her family, with the power of alienation, subject to
such restrictions as the Secretary of the Interior might prescribe. In
course of time alienation was made by these allottees of the greater
portion of their land ; the money thus received was squandered with
the thriftless prodigalitj' that characterizes barbarous or semi-civilized
tribes the world over, and their impoverished condition was rendered
still more uncomfortable by the seeming determination of the rapidly
increasing white settlers to take possession of their few remaining
lands. In this unfortunate condition of affairs they turned their eyes
for relief toward the country of the Cherokees. Negotiations were en-
tered into which resulted in tlie conclusion of an agreement, under date
of June 7, 18G9, and which received the approval of President Grant
two days later. By the terms of this compact, the Shawnees then resid-
ing in Kansas, as well as their absentee brethren in the Indian Terri-
tory and elsewhere, who should enroll themselves and permanently
remove within two years to the Cherokee country, upon unoccupied
lands east of 90°, should be incorjiorated into, and ever after remain a
jjart of the Cherokee Nation, with the same standing in every respect
as native Cherokees. In consideration of these benetits the Shawnees
agreed to transfer to the Cherokee national fund a permanent annuity
of $5,000 held by them under previous treaties, in addition to the sum
of $50,000 to be derived from the sale of the absentee Shawnee lands
provided for by the resolution of Congress approved Ai)ril 7, 18G9.^
Under the provisions of this agreement, seven hundred and seventy
Shawnees removed to and settled in the Cherokee country, as shown by
the census roll filed ^ with the Commissioner of Indian Affairs.
FUIENDLV TRIBES TO BE LOCATED ON CHEROKEE LANDS WEST OF 96^.
In addition to the provision contained in the treaty of ISCG concern-
ing the location of civilized Indians east of 96°, the sixteenth article
of that treaty made further provison enabling the United States to
\ociitii friendly tribes on Cherokee lands west of that meridian. The
conditions of this concession were that any tracts selected for such
location should be in compact form and in quantity not exceeding IGO
acres for each member of the tribe so located, and that the boundaries
of the tracts should be surveyed and marked and should be conveyed
in fee simple to the tribes respectively located thereon. It was further
' Treaty of May 10, 1854, in Uuited States Statutes at Large, Vol. X, p. 1053.
« Uuited States Statutes at Large, Vol. XVI, p. 5:i.
'August 14, 1871.
ROYCE.) TREATY OF APRIL il, \SS-i. 359
stipulated that the price to be paid for the lands so set apart should be
such as inight be agreed upon between the Cherokees and the immi-
grant tribes, subject to the approval of the President of the United
States, who, in case of a disagreement between the parties in interest,
was authorized to fix the value.
Osctf/es.— The treaty of September 29, 1805,' with the Osages, hav-
ing in view the possibility of some early arrangement whereby the
Kansas tribes might be removed to Indian Territory, made provision
that in case such a removal of the Osages should take place their re-
maining lands in Kansas should be disposed of and 50 per cent, of the
proceeds might be applied to the purchase of their new home. Nothing
was done in the line of carrying out this idea until the spring of 18G8,
when, in rei)ly ^ to a communication from the Commissioner of Indian
Affairs on the subject, the Cherokee delegation asserted the willingness
of their nation to dispose of a tract for the future home of the Osages
not exceeding 600,0(i0 acres in extent and lying west of 90°, provided
a reasonable price could be agreed upon for the same. A few weeks
later ^ a treaty was concluded between the United States and the
Osages, which made provision for setting apart a tract for their occu-
pation in the district of country in question, but the treaty failed of
ratification. The necessity for their removal from Kansas, however,
increased in correspondence with the demands of advancing settlements,
and Congress, by an act approved July 15, 1870,* provided that, when-
ever the Osages should give their assent, a tract should be set apart
for their permanent occupancy in the Indian Territory equal in extent
to 160 acres for each member of the tribe who should remove there.
For this tract they wero to pay a price not exceeding that paid by the
United States, the cost to be defrayed out of the proceeds arising from
the sale of their Kansas lands. The assent of the Osages to the provis-
ions of this act was promptly secured through the medium of a commis-
sion consisting of J. Y. Farwell, J. B. Lang, and Vincent Colyer, of the
President's Board of Indian Commissioners. A tract was selected in the
Cherokee country immediately west of 90°, as was supposed, and the
Osages were removed to it. Their condition was for a time, however,
most unsatisfactory. Many trespassers were found to be upon the lauds
selected for them. To crown this trouble, a new survey located the line of
the 96th meridian a considerable distance to the west of what had pre-
viouslj- been presumed its proper location. This survej' deprived the
Osages of the greater part of the tillable land upon which they had set-
tled and included the most valuable of their improvements. To a prop-
osition allowing the Osages to retain the lands thus found to be east of
96°, the Cherokees returned an emphatic refusal, on the ground that the
' Uuited States Statutes at Large, Vol. XIV, p. 687.
= April 10, 1368.
3 May 27, 1868.
"United States Statutes at Large, Vol. XVI, p 362.
360 CHEROKEE NATION OF INDIANS.
former were not " civilized ludians."' Auother subject of annoyance
was the inability of tbe Osages and Cherokees to agree upon a price for
the lauds selected by the former. Tbe matter was therefore laid before
the Tresident, who, by executive order,^ tixed the price to be paid at 50
cents per acre. To this action the Cherokees strenuously objected, urging
that not only was the price too low, but that a uniform valuation ought
to be fixed for all the Cherokee lands west of 960.^ To remedy the
evils arising from these comi)lications, legislation was asked of Congress
approving a new selection for the Osages, and, by act approved June 5,
1ST2,* such selection was affiimed (the previous consent of the Chero-
kees having been obtained),'^ to include the tract of country " bounded
on the east by the 96th meridian, on the south and west by the north
Hue of the Creek country and the niain channel of the Arkansas Eiver,
and on the north by the south line of the State of Kansas."
Kansas or Kates. — This act contained a pi-oviso that the Osages should
permit the settlement within the limits of this tract of the Kansas or
Kaw tribe of Indians, and a reservation was accordingly set ofl' for them
in the northwest corner, bounded ou the west by the Arkansas Kiver.
The area of the country thus assigned to the Kaws was 100,137 acres,
and of that portion intended for the occupation of the Osnges 1,470,059
acres.*^
The question of the future location of these Indians having been defi-
nitely settled, it only remained for an agreement to be reached concern-
ing the price to be paid to the Cherokees for the tract so purchased.
The value fixed by the President on the tract originally selected was
considered as having no application to the lands set apart by the act
of 1872. As in the first instance no agreement was reached between
the Osages and Cherokees, and the President was again called ou to
establish the price. This he did, after much discussion of the subject,
ou the 14th of February, 1873. The ])rice fixed was 70 cents per acre,
and applied to the " Kaw reserve " as well as to that of the Osages.
Pawnees. — In further pursuance of the privilege accorded by the
treaty of 18GC, the Pawnee tribe has also been located on Cherokee
lands west of 96°. The Pawnees are natives of Xebraska, and pos-
sessed as the remnant of their original domain a reservation on the
Platte River, in that State. Their principal reliance as a food supply
had been the buffalo, though to a very limited extent they cultivated
corn and vegetables.
For two years prior to 1874, however, their ettbrts in the chase were
almost wholly uuiewarded, and during the summer of that year their
' Letter of Cherokee delegation to Commissiouer of Indian Affairs, February 15, 1871.
-May 27, 1871.
^Letter of Cbeiokee delegation to Commissioner of Indian Affairs, June 10,1871.
' Uuited States Statutes at Large, Vol. XVII, p. 228.
•April 8, 1872.
'See surveyors' plats on file in Indian Office.
ROUE] TREATY OF APRIL '27, 18(18. 361
small crops were entirely destroyed by the ravages of the grasshoppers.
The winter and spring of lS74-'75 found them, to the number of about
three thousand, in a starving condition, lu this dilemma they held a
council and voted to remove to Indian Territory, asking permission at
the same time to send the male portion of the tribe in advance to select
a honje and to break the necessary ground for planting crops. They
also voted a request that the United States should proceed to sell their
reserve in Nebraska, and thus secure funds for their proper establish-
ment in the Indian Territory. Permission was granted them in accord-
ance with their request, and legislation was asked of Congress to enable
the desired arrangement to be carried into effect. Congress failed to
take any action in relation to the subject during the session ending
March 3, ]S75. It therefore became necessary to feed the Pawnees dur-
ing the ensuing season.'
The following year, by an act approved April 10,^ Congress provided
for the sale of the Pawnee lands in Nebraska, as a means of securing
funds for their relief and establishment in their new home, the bourida-
ries of which are therein described. It consists of a tract of country in
the forks of the Arkansas and Cimarron Rivers comprising an area of
283,020 acres. Of this tract, 230,011; acres were originally a portion of
the Cherokee domain west of 96° and were paid for at the rate of 70
cents per acre. The remainder was ceded to the United States by the
Creek treaty of 1866.
Appraisal of the lands tcest of 06°. — By the 5th section of the Indian
appropriation act of May 29, 1872,^ the President of the United States
was authorized to cause au appraisement to be made of that portion of
the Cherokee lauds lying west of 96° west longitude and west of the
Osage lauds, or, in other words, all of the Cherokee lands lying west of
the Arkansas lliver and south of Kansas mentioned in the 16th article
of the Cherokee treaty of July 19, 1866. No appropriation, however,
was made to defray the expense of such au appraisal, and in conse-
quence no steps were taken towaixl a compliance with the terms of the
act. This legislation was had in deference to the long continued com-
plaints of the Cherokees that the United States had, without their
consent, appropriated to the use of other tribes a large portion of these
lauds, for which they (the Cherokees) had received uo compensation.
The history of these alleged unlawful appropriations of (he Cherokee
domain may be thus briefly summarized :
1. By treaty of October 18, 1865,^ with the Kiowas and Comanches,
the Uuited States set apart for their use and occupancy an immense
tract of country, which in part included all of the Cherokee country
' See report of Commissioner of Indian Affairs to Secretary "of the Interior, March
6, 1875.
^United States Statutes at Large, Vol. XIX, p. 28.
"United States Statutes at Large, Vol. XVII, p. 190.
'United States Statutes at Large, Vol. XIV, p. 717.
362 CHEROKEE NATION OF INDIANS.
west of the Cimarron Kiver. No practical effect, however, was given
to the treaty, because the United States bad not at tLis time acquired
any legal right to settle other tribes on the lands of the Cherokees and
because of the fact that two years later > a new reservation was by
treaty provided for the Kiowas and Comanches, no portion of which
was within the Cherokee limits.
2. By the treaty of October 28, 1807,- with the Southern Cheyennes
and Arapahoes the United States undertook to set apart as a reserva-
tion for their benefit all the country between the State of Kansas and
the Arkansas and CimaiTon Elvers. The bulk of this tract was
within Cherokee limits west of 90°. As a matter of fact, however, the
Cheyennes and Arapahoes could not be prevailed upon to take pos-
session of this tract, and were finally, by Executive order,' located on
territory to the southwest and entirely outside the Cherokee limits.
Pursuant to the act of May 29, 1872," the Commissioner of Indian
Affairs negotiated an agreement with the Southern Cheyennes and
Arapahoes in the following autumn •"' bj' which they ceded to the United
States all interest in the country set apart by the treaty of 18G7, and
accepted in lieu thereof a reserve which included within its limits a por-
tion of the Cherokee domain lying between the Cimarron Eiver and the
North Fork of the Canadian.
This agreement with the Southeru Cheyennes and Arapahoes not hav-
ing been ratified by Congress, an agreement was concluded late in the
following year^ by the Commissioner of Indian Affairs with both the
Cheyennes and the Arapahoes, whereby they jointly ceded the tract
assigned them by the treaty of 18G7, as well .as all other lands to which
they had any claim in Indian Territory, in consideration of which the
United States agreed to set apart other lands in that Territory for their
future home.
Like its predecessor, this agreement also failed of ratification by Con-
gress, and the Indians affected by it still occupy the tract set apart by
Executive order of 1869.
In the light of these facts it appears that although the United States
made several attempts, without the knowledge or concurrence of the
Cherokees, to appropriate portions of the hitter's domain to the use
of other tribes, yet as a matter of fact these tribes never availed or
attempted to avail themselves of the benefits thus sought to be secured
to them, and the Cherokees were not deprived at any time of an opportu-
nity to sell any portion of their surjilus domain for the location of other
friendly tribes.
'Treaty of October 21, 1867, United States Statutes at Large, Vol. XV, i). 581.
s: United States Statutes at Large, Vol. XV, p. 593.
3 August 10, 1869.
< United States Statutes at Large, Vol. XVII, p. 190.
5 October 24, 1872.
• November 18, 1873.
ROYCE] TREATY OF APRIL 27, 1868. 363
By a clause contained in the sundry civil appropriation act of July 31,
187C,' provision was made for defraying the expenses of the commission
of appraisal contemplated by the act of 1872, and the Secretary of the
Interior appointed^ such a commission, consisting of Thomas V. Ken-
nard, Enoch H. Topping, and Tliomas E. Smith. Before the completion
of the duties assigned them, Mr. Kenuard resigned and William N. Wil-
kerson was appointed ' to succeed him. The commission convened at
Lawrence, Kansas, and proceeded thence to the Cherokee country,
where they began the work of examination and appraisal. Their final
report was submitted to the Commissioner of Indian Affairs under date
of December 12, 1877. From this report it appears that the commis-
sioners in fixing their valuations adopted as the standard of their ap-
praisal one-half the actual value of the lands, on the theory that being
for Indian occupancy and settlement only they were worth only about
half as much as they would have been if open to entry and settlement
by the white people.
The entire tract, including the Pawnee reserve, contains 6,574,570.0.5
acres, and was appi-aised at an average valuation of llj cents per acre.
The average valuation placed upon the Pawnee reserve separately was
59 cents per acre, leaving the average of the remaining 0,344,502.01
acres 40.47 cents per acre.
To this standard of appraisal the Cherokees strenuously objected as
being most nnfair and unjust to them, claiming that the same measure
of value used by the United States in rating its lands of a similar char-
acter in the adjoining State of Kansas, and from which they were sep-
arated only by an imaginary line, should prevail in determining the
price to be paid for the Cherokee lauds.
The Secretary of the Interior, after a careful examination of the
whole subject, was of the opinion^ that the restriction placed upon the
use of these lands (being limited to Indian occupancy only) did not
warrant a redaction of 50 per cent, in an appraisal of their value.
The price paid by the Osages for their reserve was 70 cents per acre.
The Pawnee tract was of about the same general character as that
of the Osages, and there seemed to be no good reason why the same
price should not be allowed to the Cherokees therefor. This Pav.nee
tract was appraised by the commissioners at 59 cents per acre. As
the ai)praisal of the whole unoccupied country west of 90° was made
by the same appraisers and upon the same basis, if an increase was
determined ui)oii in the case of the Pawnee tract from 59 to 70 cents
per acre, it was only just that a proportionate increase above the ap-
praised value of the remainder of the lands should also be allowed.
' United States Statutes at Large, Vol. XIX, p. 120.
^ January 30, lo/T.
^ September 8, 1H77.
'Letter of the Secretary of the Interior to the President, June 21, 1879.
364 CHEROKEE NATION OF INDIANS.
This would give au increase for the latter from 40.47 cents to 47.49 per
acre. The adoption of this standard was therefore recommended to
the President and was by him ai)i)roved and ratified.'
In addition to the Usages, Kansas, and Pawnees there have been re-
moved to the Cherolvee lands west of 90° -the Poucas, a portion of the
Nez Perces, and the Otoes and Jlissourias.
Foncas. — An appropriation of $25,000 was made by act of (Congress
approved Angnst 1."), 1S7G,- for tlie removal of the Poiicas, whenever
their assent should be obtained. After much trouble and a threatened
"resort to military force, their assent to remove to the Indian Territory
was secured in the beginning of 1877.' They came overland from Ne-
braska in two different parties and encountered great hardships, but
finally reached the Territory, where they were temporarily located on
the northeast i)ortion of the Quai)aw reserve, a few miles from P.axter
Si)rings, Kansas.''
They were not satisfied with the location, which was in many respects
unsuitable, especially in view of its proximity to the white settlements.
They were, therefore, permitted to make another selection, which they
did iu the Cherokee country, on the west bank of the Arkansas, includ-
ing both banks of the Salt Fork at its junction with the parent stream.
To this new home they removed iu 1S7S,' but it was not until LSSl"
that Congress made an appropriation out of which to pay the Cherokees
for the laud so occupied. This tract embraces 101,894.31 acres, for
which the price of 47.49 cents per acre, fixed by the President, was paid.
Nez Perces. — The Nez Perces, previously alluded to, are the remnant
of Chief Joseph's band, who surrendered to General Miles in 1877.
They were at first removed from the place of their sui-render to Fort
Leavenworth, Kansas, where they arrived in "Ndveniber of that year as
IJrisonei's of war, to the number of 4.31. Congress having made pro-
vision'' for their settlement in the Indian Territory, a reservation was
selected for them on both sides of the Salt Fork of the Arkansas. To
this tract, which adjoined the Poncas on the west, they removed iu
the summer of 1879,'' having in the mean time lost a large number by
death, the mortality being occasioned in great measure by their unsan-
itary location while at Fort Leavenworth. The reserve selected for
them contains 90,735 acres and was paid for at the same i)rice as that
of the Poncas.
Otoes (Old iliasourias. — By act of March 3, 1881,*^ provision was also
■ — c — ~
' June 23, 1879.
-■ Uniied States .'Statutes at Large, Vol. XIX, p. 187.
' January 27, 1877.
"" Report of Commissioner of Indian Affairs for 1877, }>p. 21-23.
^Report of Commissioner of Indian Affairs for 18*8, p. xsxvi.
« United States Statutes at Large, Vol. XXI, p. 380.
' Act of May 27, 1878, United States Statutes at Large, Vol. XX, ji. 63.
'Report of Commissioner of Indian Affairs for 187'.l, p. xl.
KovcB.I TEEATY OT APRIL il, 18fi6. 365
made for the removal of the Otoes and Missourias to the Indian Terri-
tory and for the sale of their lauds in Nebraska.
A reservation was accordingly selected for them west of the Arkan-
sas River and south of the Ponca Reserve, to which they were removed
in the autumn of the same year.^ It contains 129,113.20 acres and was
paid for at the same rate as that of the Poncas and Xez Perces.-
KAST AM) MiIMlI l!f)rxr>Al!IES OF CHKROKEE ((irXTRY.
For many years llicie had been much doubt and dispute concerning
the correctness of the boundary line between the Cherokee Nation and
the adjacent States. Especially had this been the cause of much con-
troversy with the citizens of Arkansas. In the interest of a final adjust-
ment of the matter, it was stipulated in the twenty-first article of the
Cherokee treaty of July 19, 18GC, that the United States should, at its
own exjieuse, cause such boundary to be resurveyed between the Cher-
okee Nation and the States of Arkansas, Missouri, and of Kansas as far
west as the Arkansas River, and the same should be marked by perma-
nent and conspicuous monuments by two commissioners, one of whom
should be designated bj' the Cherokee national council.
Nothing definite was done in pursuance of this provision until the year
1871, when W. D. Gallagher was' appointed a commissioner on behalf
of the United States to co operate with the commissioner on the ]r,nt of
the Chei'okees. Mr. Gallagher declined and R. G. Corwin was substi-
tuted in his stead,* but he having also refused to serve, the place was
finally filled by the appoiutnient^ of James M. Ashley. The Cherokee
national council on their part selected John Lynch Adair. The com-
mission advertised for proposals for the surveying, and, as a result, en-
tered into contract with D. P. Mitchell, who completed the survey to
the satisfaction of the commissioners." The new line from Fort Smith,
Ark., to the southwest corner of Missouri ran north 7° 50' west, 77
miles .10.08 chains ; thence to the southeast corner of the Seneca lands
it ran north 0° 02' west S miles 53.GS chains. The north boundary
between the nation and the State of Kansas, extending from the Neosho
to the Arkansas River, was protracted due west on the 37° of north lati-
tude and was found to be IOj miles GO chains and 75 links in length.
The report of the commissioners was approved by the Secretary of the
'Report of Commissioner of Indian Affairs for li^Sl, p. Ixiii. The removal was
accomjilished between October 5 and October 23.
-Deeds were executed June 14, 1883, by the Cherokee Nation to the United States
in trust for each of the tribes located upou Cherokee country west of 9G°, such
deeds being in each case for the quantity of land comprised within the tracts re-
spectively selected by or for them for their future use and occupation. See Report
of Commissioner of Indian Affairs, for 188:!, p. lii.
■'February 27, 1H71.
^ April 14, 1871.
'May 4, 1871.
'The survey was approved by the commissioners December 11, 1871.
366 CHEROKEE NATION OF INDIANS.
Interior, and although some distress for the time being was occasioned
to individual settlers, whose improvements were by the resurvej' of the
line thrown within the limits of the Indian Territory, the boundary has
been so plainly marked that "he who runs may read."
R.\ILROADS TIIKOUOII INDIAN TEURITORy.
The series of treaties concluded in 1806 with the five principal tribes
in Indian Territory all contained limited concessions of right of way
for railroads through their country to the State of Texas. The eleventh
article of the Cherokee treaty contained a grant of right of way 200
feet in width to a contemplated railroad through their domain from
north to south and also from east to west. In pursuance of these treaty
concessions, as essentially a ])art of the same scheme, Congress, by ap-
propriate legislation,^ granted public lands and privileges to the Kansas
and Neosho, the southern branch of the Union Pacific, and the Atlantic
and PacificEailroad Com panics, respectively, for the construction of their
roads. The Leavenworth, Lawrence and Fort Gibson Railroad was also
conceded like privileges. The stipulated point of entering the Indian
Territory was in each case the west bank of Xeosho Eiver, where it
crosses the Kansas line. As there seemed to be some question whether
more than one line of road would be permitted to traverse the Terri-
tory in each direction a race was inaugurated between all the north and
south lines, each in the effort to outstrip the other in reaching the pre-
scribed point for entering the Indian country. The Union Pacific
Southern Branch (subsequently known as the Missouri, Kansas, and
Texas) Eailway Company, in the fervency of their desire to reach tlie
line first, omitted the construction of a portion of their route, and began
operations within the limits of the Cherokee country without having
received the previous permission of either the United States or the
Cherokee authorities so to do. To this conduct the Cherokees made
vigorous objection, and appealed to the Secretary of the Interior. That
oflicer notified- the railroad officials that the Cherokees did not recog-
nize their right to so intrude upon the Territory, and that no work of the
kind referred to could be permitted therein until the Executive should
be satisfied, by evidence submitted in proper manner, that such entry
and occupation were in accordance with law. Thereupon the officers
and attorneys of the several companies interested appeared and sub
mitted arguments before the Secretary of the Interior on behalf of their
respective interests. The point submitted for the consideration of the
Secretary and for the determination of the President was, what rights
had been given to railroad companies to construct railroads through the
Indian Territory and what railroads, if any, were entitled to such priv-
ileges and right of way.
On the part of the Indians it was claimed that the whole scheme of
1 Acts of July 25, 26, and 27, 1866.
2 May 13, 1870.
KovcEj TREATY OF APRIL 21, 1868. 367
treaties and of legislation looked to the coustruction of but a siugle
trunk road through the Territory from north to south, and, as far as the
Cherokee Nation was concerned, for the like construction of but a single
road through its territory from east to west. This interpretation of the
treaties and the laws was admitted to be the correct one by all the
companies but the Missouri, Kansas, and Texas. This company in-
sisted that the meaning of the legislation and of the treaties was to
give the right of way to as many roads as might in any nianner be
authorized by Congress to enter the Territory.
The Secretary of the Interior in his opinion' expressed an emphatic
concurrence in the interpretation insisted upon by the Cherokee dele-
gation. He was further of the opinion that neither of the roads had so
far earned a right to enter the Indian country by the coustruction of a con-
tinuous line of road to the legal point of entrance, but that as it might
soon be necessary to decide which company should first completely
fulfill the conditions of the law, an executive order ought to be issued
declaring that no railroad company should be permitted to enter the
Territory for the purpose of grading or constructing a railroad nntil a
report should be received from a commission composed of the superin-
tendents of Indian aft'airs for the central and southern superintenden-
cies designating which company had first reached the line. These views
and findings of the Secretary of the Interior were approved by the
President and directed to be carried into effect.-
This commission reported^ that the Union Pacific Eailway, southern
branch — otherwise the Mis.souri, Kansas, and Texas Eailway — reached
the northern boundary of the Indian Territory, in the valley of the Ne-
osho Eiver on the west side, and about one mile therefrom, at noon on
the 6th day of June, 1870, and that at that time there was no other
railroad nearer than 16 miles of tliat point.
Predicated upon this report, supplemented by the certificate of the
governor of Kansas that it was a first class completed railway up to
that point, permission was given the Missouri, Kansas, and Texas Eail-
way Company by the President, under certain stipulations and restric-
tions as to the methods and character of construction, to proceed with
the work of building a trunk road through the Indian Territory to a
point at or near Preston, in the State of Texas, and the road was rap-
idly constructed under this authority.
The Atlantic and Pacific road, having no competitor, experienced no
diflBcuUy in .securing the right of construction of its east and west line
through the Cherokee country.
REMOVAL OI' IXTRfDKRS — CUKROKEE CITIZEXSIIIP.
On various pretexts, both white and colored men had from time
to time established themselves among the Cherokees and taken up their
' M.iy 21, 1870.
- May 23, 1870.
^June 1:5, 1870.
368 CHEROKEE NATION OF INDIANS.
residence as permanent citizens of the nation. The increase of their
numbers at length became so formidable and their influence upon the
national polity and legislation of the Cherokees so great as to excite
the apprehension and jealousy of the latter.
The policy of their removal therefore became a subject of serious
consideration with the national council. This involved a question as
to what were the essential prerequisites of Cherokee citizenship, and
who of the objectionable class were entitled, on any score, to the
l)rivileges of such citizenship, as well as who were mere naked in-
truders. Upon these points the national council assumed to exercise
absolute control, and proceeded to enact laws for the removal of all
persons, both white and colored, whom the council should declare not
entitled to remain in the Cherokee country. ' The action of the couu-
cil in this resjiect was communicated to the Indian Department in thtt
fall of 1874, through the United States agent for that tribe, coupled with
a demand for the removal by the military force of the United States of
all who had thus been declared to be intruders. The Department not
being fully satisfied of the justice of this demand, detailed an inspector
to i)roceed to the Indian country and make a thorough investigation of
the subject. His report- revealed the fact that there were large numbers
of people in that country who liad been declared intruders by the national
authorities, but who had presented tohim stronge.rjjjar/eevidenceof their
right to Cherokee citizenship, either by blood, by adoption, or under the
termsof the !tlh articleof the treaty of lSC(i defining the statusof colored
people. Affidavits in large numbers corroborative of the insi)ector's re-
port continued to be filed in the Indian Department during the succeed-
ing summer, from which it appeared that many persons belonging to
each of the elas>es alluded to had applied to the courts or to the council
of the nation for an affirmative ruling upon their claim to citizenship,
but that in many instances such applications had been entirely ignored.
In other cases, where the courts had actually affirmed the right
of applicants, the council had arbitrarily and without notice placed
their names upon the list of intruders and called upon the United
States for their removal. In this situation of affairs the Indian De-
partment advised^ the ]irincipal chief of the Cherokees that the De-
partment would neither remove these alleged intruders nor permit
their removal until the Cherokee council had devised a system of
rules by which authority should be vested in the Cherokee courts to
hear and determine all cases involving the citizenship of any person.
These rules should be subject to the approval of the Secretary of the
' The persons affected by this action were comprised -n-itliin four classes, viz :
1. White persons who had married into the tribe.
ti. Persons witli an admixture of Indian blood, through either fatliei' or mother.
3. Adopted persons.
4. Persons of African descent who claimed rights under the treaty of l-<6<3.
•Tebrnary 1."), 187(i.
"October — , lt<7(i.
KovcE] TREATY OF APRIL :?, 1868. 369
luterior, to whom au appeal should also lie from any adverse decision
of those courts. As there were a number of these intruders, however,
who made no claim to the right of Cherokee citizenship, it was directed
by the Interior Department, in the spring of 1877, that all who should
not ijreseut inima facie evidence of such right should be summarily
removed from the Territory. The main cause of difidculty, however,
continuing unadjusted, the principal chief of the Cherokees asked the
submission of the subject, from the Cherokee stnndpoint, to the
Attorney-General of the United States for his opinion. This was done
in the spring of 1879,^ by the Commissioner of Indian Affairs through
the Secretary of the Interior, wherein the former, alleging that the
question submitted by the Cherokee authorities did not fully meet tlie
subject in dispute, and being desirous that a complete statement of the
case should be presented to the Attorney-General, suggested three addi-
tional in(|uiries for the consideration of that officer. These imiuiries
were, first, Have the Cherokee national authorities such original right
of sovereignty over their country and their people as to vest in them the
exclusive jurisdiction of all (luestions of citizensliip in that nation with-
out reference to the iiaramount authority of the United States ? Second,
If not, do they derive any such power or right by the provisions of any
I f the treaties beween the United States and the Cherokees? Third,
Can they exclude from citizenship any of the Cherokees who did not
remove under the provisions of the treaty of 1835 upon their removal
to the Cherokee country as now defined by law ? The reply- of the
Attorney-General was to the effect that it seemed (piite plain in exe-
cuting such treaties as those with the Cherokees, the United States
were not bound to regard simply the Cherokee law and its construction
by the council of that nation, but that any Department required to
remove alleged intruders must determine for itself, under the general
law of the land, the existence and extent of the exigency upon which
such requisition was founded.
One class of these so-called intruders, as previously suggested, was
composed of colored people who resided in the Cherokee country prior
to the war, either as slaves or freemen, and their descendants.
The fourth article of the treaty of July 19, 1866, contained a provision
setting apart a tract within the Cherokee country known as the
Canadian district, for the settlement and occupancy of "all the Cherokees
and freed persons who were formerly slaves of any Cherokee, and all
free negroes uot having been such slaves who resided in the Cherokee
Nation prior to June 1, 1861, who may within two years elect not to
reside northeast of the Arkansas River and southeast of Grand Eiver."
The fifth article of the same ti'eaty guaranteed to such persons as
should determine to reside in the district thus set apait the right to
select their own local officers, judges, etc., and to manage and control
' April 4, 1379.
- December 12, 1879.
5 ETH 21
370 CHEROKEE NATION OF INDIANS.
their local aflairs in such manner as seemed most satisfactory to them
not inconsistent with the constitntion and laws of the Cherokee Nation
or of the United States. Again it was provided by the ninth article of
the treaty that all frecdmen who had been liberated by voluntary act
of their former owners or by law, as well as all free colored persons who
were in the country at the commencement of the rebellion and were
still residents therein or who should return within sis months and
their descendants,. should have all the rights of native Cherokees.
Congressional legislation was sought in 1879, having in view the en-
forcement of this ninth article, but it failed of consummation.^ The
Cherokee council, in the mean time had passed ^ an act urging upon the
United States the adoption of some measures calculated to reach a sat-
isfactory adjustment of the status of the colored i)eople within their
jurisdiction, and requested the attendance of some i>roperly authorized
representative of the Government at their ensuing council for consul-
tation as to the most satisfactory method of settling the vexed question.
United States Indian Agent Tufts was accordingly instructed^ to
attend the council, which he did. It resulted in the passage" of an act
by that body authorizing the principal chief to appoint a commission of
three Cherokees to confer with the United States agent and draft arti-
cles of agreement, which should, after receiving the approval of the
council and of Congress, be considered as permanently fixing the status
of the colored peo])le. The agent, however, soon discovered that no
action looking to the lull recognition of the rights to which they were
entitled was likely to receive favorable consideration. It seems from
his report'' that it was still very unpopular in the Cherokee Nation to
advocate any measure conceding to the colored people the same rights
enjoyed by the Cherokees themselves, and that until a radical revolution
of public sentiment should take place among them it was useless to expect
any favorable action from the national council. Agent Tufts concluded
his report with a recommendation that a commission be appointed by
the Interior Department and instructed to hold sessions in the Chero-
kee country, hear evidence, and determine the status of each disputed
claimant to citizenship, subject to the final revision and approval of the
Department. Inspector Ward and Special Agent Beede were, therefore,
instructed ^ to consult with Agent Tufts, and, after familiarizing them-
selves with the question in all its details, to visit the executive officers
of the Cherokee Nation and see if some satisfactory solution of the
troublesome problem could be brought about. This conference, like all
'A bill to this efifect was introduced into the Senate by Senator Ingalls, of Kansas,
June 3, 1879, and reported from the Committee ou Indian Affairs, with amendments,
June 4, 1«.S0, by Senator Williams, of Kentucky.
- Deccmijtr 6, 1879.
■' October 16, 1880.
^November A 18r0.
5 January 26, 1882.
<• May 9, 1883.
RovcE] GENERAL REMARKS. 371
previous eli'orts, failed of accomplishing tbe desired end. Tlius the
question still stands, and all those persons who have been able to make
out a 2>i'ini(i facie showing of Cherokee citizenship, under the ruling of
the Department, are allowed to remain in the Territory unmolested.
GENERAL REMARKS.
With the exception of these questions and complications arising out
of the construction of the various articles of the treaty of July 19, 18G6,
nothing of an important character has occurred in connection with the
ofScial relations between the Cherokee Nation and the Federal Gov-
ernment since the date of that treaty.
Their history has been an eventful one. For two hundred years a
contest involving their very existence as a people has been maintained
against the unscrupulous rapacity of Anglo-Saxon civilization. By de-
grees they were driven from their ancestral domain to an unknown and
inhospitable region. The country of their fathers was peculiarly dear
to them. It embraced the head springs of many of the most important
streams of the country. From the summit of their own Blue Eidge
they could watch the tiny rivulets on either side of them dashing and
bounding over their rocky beds in their eagerness to join and swell the
ever increasing volume of waters rolling toward the Atlantic Ocean or
the Gulf of Mexico : the Tennessee and the Cumberland, the Kanawha
and the Kentucky, the Peedee and the Santee, the Savannah and the
Altamaha, the Chattahoochee and the Alabama, all found their begin-
nings within the Cherokee domain. The bracing and invigorating atmos- *
phere of their mountains was wafted to the valleys and low lands of
their more distant borders, tempering the heat aiul destroying the ma-
laria. Much of their country was a succession of grand mountains,
clothed with dense forests ; of beautiful but narrow valleys, and exten-
sive well watered plains. Every nook and corner of this vast territory
was endeared to them by some incident of hunter, warrior, or domestic
life. Over these hills and through the recesses of the dark forests the
Cherokee hunter had from time immemorial pursued the deer, elk, and
buffalo. Through and over them he had passed on his long and venge-
ful journeys against the hated Iroquois and Shawnee.
The blood of his ancestors, as well as of his enemies, could be trailed
from the Hiwassee to the Ohio. The trophies of his skill and valor
adorned the sides of his wigwam and furnished the theme for his
boastful oratory and song around the council fire and at the dance.
His wants were few and purely of a jihysical nature. His life was
devoted to the work of securing a sufficiency of food and the punish-
ment of his enemies. His reputation among his fellow men was pro-
portioned to the skill with which he could draw the bow, his cleverness
and agility iu their simple athletic sports, or the keen and tireless
manner that characterized his pui'suit of an enemy's trail. His life
372 CHEROKEE NATION OF INDIANS.
was simple, bi.s wauts were easily supplied ; ami, iu cousequeiiee, the
largest measure of liis existence was spent in indolence and frivolous
amusements. Such proportion of tbe family food as tbe cbase did not
supply was found in tbecultivationof Indiancorn. The pride of a warrior
scorned tbe performance of menial labor, and to the squaw was this
drudgery, as well as that of tbe household, assigned. His general
character has been much misunderstood and misrepresented. He
was in fact possessed of great ingenuity, keen wit, and rare cun-
ning. In the consideration of matters of public importance, bis conduct
was characterized by a grave dignity that was frequently almost ludi-
crous. Tbe studied stolidity of bis countenance gave the spectator no
clew to the inward bent of bis feelings or determination. The anxious
prisoner, from a watchful study of bis lace and actions, could read
nothing of bis probable fate. He was physically brave, and would
without hesitancy attack tbe most dangerous beasts of tbe forests or
bis still more ferocious human enemies. In the bands of those enemies
he would endure, with the most unflinching nerve, the crudest tortures
their ingenuity could devise, and at tlie same time chant his death
song in tbe recital ot bis numerous personal acts of triumph over them.
His methods of warfare were, however, very different from those
which meet the apjiroval of civilized nations. He could not understand
that there was anything of merit in meeting bis antagonist in tbe open
field, where the chances of victory were nearly equal. It was a useless
risk of bis life, even though his numbers exceeded those of bis enemy, to
allow them to become advised of his approach. His movements were
'stealthy, and bis blows fell at an unexpected moment from the hidden
ambush or in the dead hours of the night. His nature was cruel, and
in the excitement of battle that cruelty was clothed in the most ter-
rible forms.' He was in the highest degree vindictive, and his memory
never lost sight of a personal injury. He was inclined to be credulous
until once deceived, after which nothing could remove his jealous dis-
trust.
His confidence once fully secured, however, tlie unselfishness of his
friendship as a rule would put to shame that of bis more civilized
Anglo-Saxon brother. His scrupulous honor in the payment of a just
debt was of a character not always emulated among commercial nations.
His noble qualities have not been granted the general recognition they
deserve, and bis ignoble traits have oftentimes been glossed over with
the varnisb of an unhealthy sentimentality.^
For many years following his first contact with the whites the daily
' ^VilUam Bartram, who traveled througli their country in 1770, says (Travels in
North America, p. 48.3) : "The C'herokees in their disiiositions and manners are grave
and steady, dignified and circumspect in their deportment; rather slow and reserved
iu conversation, yet frank, cheerful, and humane; tenacious of the liherties aud nat-
ural rights of man; secret, deliberate, and detei-mined in their councils; honest, just,
and liberal, and always ready to sacrifice every pleasure and gratification, even their
blood and life itself, to defend their territorv and maintain their rights."
ROYCE.]
GENERAL REMARKS. 373
life of the Cherokee underwent but little change. The remoteness of
his villages from the coast settlements and the intervening territory of
other tribes limited in large degree any frequency of association with
his white neighbors. In spite of this restricted intercourse, however,
the superior comforts and luxuries of civilization were early apparent
to him. His new-found desires met with a ready supply through the
enterprising cupidity of the far traders. At the same time and through
the same means he was brought to a knowledge of the uses and com-
forts of calico and blankets, and the devastating though seductive in-
fluence of spirituous liquors. Yet nothing occurred to mar the peace
hitherto existing with his white neighbors until their continued spread
and seemingly insatiate demand for more territory aroused a feeling of
jealous fear in his bosom. This awakening to the perils of his situation
was, unfortunately for him, too late. The strength of the invaders al-
ready surpassed his own, and henceforth it was but a struggle against
fate. Prior to the close of the Eevolutionary war but little, if any-
thing, had been done toward encouraging the Cherokee to adopt the
customs and pursuits of civilized life. His native forests and streams
had aflbrded him a sufticiency of flesh, fish, and skins to supply all his
reasonable wants. Immediately upon the establishment of American
Independence the policy to be pursued by the Government in its rela-
tions with the Indian tribes became the subject of grave consideration.
The necessity began to be apparent of teaching the proximate tribes
to cultivate the soil as a substitute for the livelihood hitherto gained
through the now rapidly diminishing supplies of game. In the report
of the commissioners appointed to negotiate the treaty of 1785, being
the first treaty concluded between the Cherokees and the United States,
they remai'k that some compensation should be made to the Indians for
certain of their lauds unlawfully taken possession of by the whites, and
that the sum so raised should be appropriated to the purpose of teach-
ing them useful branches of mechanics. Furthermore, that some of
their women had latelj' learned to spin, and many others were " very
desirous that some method should be fallen on to teach them to raise
flax, cotton, and wool, as well as to spin and weave it."
Six years later, in the conclusion of the second treaty with them, it was
agreed, in order "that the Cherokee Nation may 'be led to a greater
degree of civilization, and to become herdsmen and cultivators instead
of remaining in a state of hunters, the United States will from time to
time furnish gratuitously the said nation with useful implements of
husbandry." From this time forward the progi'ess of the Cherokees in
civilization and enlightenment was rapid and continuous.' They had
' Hon. J. C. Calhoun, Secretary of War, under date of March 29, 1824, in a com-
munication addressed to the President to be laid before the United States Senate,
alludes to the provision contained in the treaty of 1791 and says: " In conformity to
the provisions of this article the various utensils of hnshandry have been abundantly
and constantly distributed to the Cherokee Nation, which has resulted iu creating a
taste for farmiugaud the comforts of civilized life."
374 CHEROKEE NATION OP INDIANS.
made such advancement that, nearly thirty .years later,' Eeturn J.
Meigs, their long time agent and friend, represented to the Secretary of
War that such Government assistance was no longer necessary or de-
sirable ; that the Cherokees were perfectly competent to take care of
themselves, and that further contributions to tlieir support only had
a tendency to encourage idleness and dependence upon the Government.
Their country was especially adapted to stock raising and their flocks
and herds increased in proportion to the zeal and industry of their
owners. The proceeds of their surplus cotton placed within reach most
of the comforts and many of the luxuries of life. The unselfish devotion
of the missionary societies had furnished them with religious and school
instruction, of which they had in large numbers eagerly availed them-
selves.- From the crude tribal government of the eighteenth century
they had gradually progressed until in the month of July, 1827, a conven-
tion of duly elected delegates from the eight several districts into which
their country was divided^ assembled at New Echota, and announced
that " We, the representatives of the people of the Cherokee Nation, in
convention assembled, in order to establish justice, insure tranquillity,
l)romote our common welfare, and secure to ourselves and our i)osterity
the blessings of liberty, acknowledging with humility and gratitude the
goodness of the sovereign Ruler of the Universe in offering us an op-
l)ortunity so favorable to the design and imploring His aid and direc-
tion in its accomplishment, do ordain and establish this constitution for
the government of the Cherokee Nation." By the constitution thus
adopted the power of the nation was divided into legislative, execu-
tive, and judicial departments. The legislative power was vested in
a committee and a council, each to have a negative on the other, and to-
gether to be called the "General Council of the Cherokee Xation." This
committee consisted of two and the council of three members from each
district, and were to be elected biennially by the suffrages of all free
male citizens (exceiiting negroes and descendants of white and Indian
men by negro women who maj" have been set free) who had attained
the age of eighteen years. Their sessions were annual, beginning on
the second Monday in October. Persons of negro or mulatto blood
were declared ineligible to ofJBcial honors or emoluments.
The executive power of the nation was confided to a principal chief,
' May 30, 1820.
- Letter of Hon. J. C. Calhoun Secretary of War, March 29, 1824. In this letter
Mr. Calhoun says: "Certain benevolent societies in the year 181t) applied for pe'r-
mission to make establishments among the Cherokees and other southern tribes, for
the purpose of educating and instructing them in the arts of civilized life. Their ap-
plication was favorably received. The experiment proved so favorable, that Congress,
by act of March 3, 1819, appropriated $10,000 annually as a civilization fund, which
has been apjjlied in such a manner as very considerably to increase the extent and
usefulness of the eliorts of benevolent individuals and to advance the work of Indian
civilization.'"
^ The eight districts into which the nation was at this time divided were, Chicka-
mauga, Chatooga, Coosawatee, Amohee, Hickory Log, Etowah, Taqnoe, and Aijuohce.
uoYCE.] GENERAL REMARKS. 375
elected by the general council for a terra of four years, and none but
native born citizens were eligible to tbe office. The chief was required
to visit each district of the nation at least once in two years, to keep
himself tamiliarized with the condition and necessities of the country.
His approval was also required to all laws, and, as in the case of our
own Government, the exercise of the veto power could be overcome
only by a two thirds majority in both houses of the national legislature.
An executive council of three members besides the assistant principal
chief was also to be elected by the joint vote of the two houses for the
lieriod of one year.
The judicial functions were vested in a supreme court of three judges
aud such circuit and inferior courts as the general council should from
time to time prescribe, such judges to be elected by joint vote of the
general council.
Ministers of the gospel who by their profession were dedicated to
the service of God and the care of souls, and who ought not therefore
to be diverted from the great duty of their function, were, while en-
gaged in such work, declared ineligible to the office of principal chief
or to a seat in either house of the general council. Any person deny-
ing the existence of a God or a future state of rewards and punishments
was declared ineligible to hold any ofiBce in the civil department of the
nation, and it was also set forth that (religion, morality, aud knowledge
being necessary to good government, the preservation of liberty, aud
the happiness of mankind) schools and the means of education should
forever be encouraged in the nation.
Under this constitution elections were regularly held and the func-
tions of government administered until the year 1830, when the hostile
legislation of Georgia practically paralyzed and suspended its fur-
ther operation. Although forbidden to hold any more elections, the
Cherokees maintained a semblance of their republican form of govern-
ment by tacitly permitting their last elected ofdcers to hold over and
recognizing the authority and validity of their ofiBcial actions. This
embarrassing condition of affairs continued until their removal west of
the Mississippi Eiver, when, on tlie Gtli of September, 1839, they, in con-
junction with the " Old Settlers," adopted anew constitution, which in
substance was a duplicate of its predecessor.
This removal turnc<l the Cherokees back in the calendar of progress
and civilization at least a quarter of a century. The hardships and
exposures of the journey, coupled with the fevers aud malaria of a rad-
ically diflerent climate, cost the lives of perhaps 10 percent, of their
total population. The animosities and turbulence born of the treaty of
1835 not only occasioned the loss of many lives, but rendered property
insecure, and in consequence diminished the zeal and industry of the
entire community in its accumulation. A brief period of comparative
quiet, however, was again characterized by an advance toward a
higher civilization. Five years after their removal we find from the
report of their agent that they are again on the increase in popula-
376 CUEROKEE NATION OF INDIANS
tion ; that their houses, farms, and fixtures, have greatly improved
iu the comlbrts of life; that in general they are living in double cabins
and evincing an increasing disposition to provide for the future; that
they have in operation eleven common schools, superintended by a na-
tive Cherokee, in ^hich are taught reading, writing, arithmetic, book-
keeping, grammar, geography, and history, which are entirely supported
at the expense of their own national funds, and which are attended by
upwards of five hundred scholars; that the churches are largely at-
tended and liberally supported, the Methodists having 1,400 communi-
cants, the Baptists 750, and other denominations a smaller number;
that a national temperance society boasts of 1,752 members; that they
maintain a printing press, from which publications are issued in both
the English and Cherokee tongues ; that some of them manifest a de-
cided taste for general literature and a few have full and well selected
libraries; that thousands of them can speak and write the English
language with fluency and comparative accuracy; that hundreds can
draw up contracts, deeds, and other instruments for the transfer of
property, and that iu the ordinary transactions of life, especially in
making bargains, they are shrewd and intelligent, frequently evincing
a remarkable degree of craft and combination ; that their treatment
of their women had undergone a radical change ; that the countenance
and encouragement given to her cultivation disclosed a more exalted
estimate of female character, aud that instead of being regarded as a
slave and a beast of burden she was now recognized as a friend and
companion.
Thus, with the exception of occasional drawbacks — the result of civil
feuds — the progress of the nation in education, industry, and civiliza-
tion continued until the outbreak of the rebellion. At this period, from
the best attainable information, the Cherokees numbered twenty-one
thousand souls. The events of the war brought to them more of desola-
tion and ruin than perhaps to any other community.
Eaided and sacked alternately, not only by the Confederate and Union
forces, but by the vindictive ferocity and hate of their own factional di-
visions, their country became a blackened and desolate waste. Driven
from comfortable homes, exposed to want, misery, and the elements,
they perished like sheep in a snow storm. Their houses, fences, and
other improvements were burned, their orchards destroyed, their flocks
and herds slaughtered or driven off, their schools broken up, and their
school-houses given to the flames, their churches and public buildings
subjected to a similar fate, and that entire portion of their country
which had been occupied by their settlements was distinguishable from
the virgin prairie only by the scorched and blackened chimneys and
the plowed but now neglected fields.
The war over and the work of reconstruction commenced, found them
numbering fourteen thousand impoverished, heart broken, and revenge-
ful people. But they must work or starve, and in almost sullen despair
they set about rebuilding their waste places. The situation was one
GENERAL REMARKS.
377
calculated to discourage men enjoying a higher degree of civilization
than they had yet reached, but they bent to the task with a determina-
tion and perseverance that could not fail to be the parent of success.
To-day their country is more prosperous than ever. They number
twenty-two thousand, a greater population than they have had at any
previousperiod,exceptperhapsjustpriortothedateof the treat J' of 183.5,
when those east added to those west of the Mississippi are stated to have
aggregated nearly twenty five thousand people.' To-day they have
twenty-three hundred scholars attending seveuty-five schools, estab-
lished and supported by themselves at an annual' exiiense to the nation
of nearly $100,000. To-day thirteen thousand of their people can read
and eighteen thousand can speak the English language. Today live
thousand brick, frame, and log houses are occupied by them, and
they have sixty-four churches with a membership of several thousand.
They cultivate a hundred thousand acres of land and have an additional
one hundred and fifty thousand fenced. They raise annually 100,000
bushels of wheat, 800,000 of corn, 100,000 of oats and barley, 27,.j00 of
vegetables, 1,000,000 pounds of cotton, 500,000 pounds of butter, 12,000
tons of hay, and saw a million feet of lumber. They own 20,000 horses,
1.5,000 mules, 200,000 cattle, 100,000 swine, and 12,000 sheep.
They have a constitutional form of government predicated upon that
of the United States. As a rule, their laws are wise and beneficent
and are enforced with strictness and justice. Political and social preju-
dice has deprived the former slaves in some instances of the full meas-
ure of rights guaranteed to them by the treaty of ISOC and the amended
constitution of the nation, but time is rapidly softeniug tliese asperities
and will solve all difliculties of the situation.
The present Cherokee population is of a composite character. Rem-
nants of other nations or tribes have from time to time been absorbed
and admitted to full participation in the benefits of Cherokee citizen-
ship. The various classes may be thus enumerated :
1. The full blood Cherokees.
2. The mixed blood Cherokees.
3. The Delawares.
i. The Shawnees.
.5. White men and women intermarried with the foregoing.
0. A few Creeks who broke away from their own tribe and have been
citizens of the Cherokee Nation for many years.
'The ceusus of the nation east of the Mississipi)i, taken in Iti'M, exhibited the fol-
lowing facts :
Cherokees. Slaves.
In Georgia
In North Carolina .
In Tennessee
In Alabama
Aggregate .
8,946
3,644
2,528
1,424
16, 542
776
37
480
299
Whites
intermar-
ried with
Cherokees.
68
Total.
9,790
3,703
3,087
1, 755
18, 335
378
CHEROKEE NATION Ot^ INDIANS.
7. A few Creeks who are not citizens, but ]aave taken up their abode
in the Cherokee countrj-, without any rights.
8. A remnant of the ZSTatchez tribe, who are citizens,
fl. The freedmen adopted under the treaty of 1866.
10. Freedmen not adopted, but not removed as intruders, owing to an
order from the Indian Department forbidding such removal pending a
decision upon their claims to citizenship.
If the Government of the United States shall in this last resort of the
Cherokees prove faithful to its obligations and maintain their country
inviolate from the intrusions of white trespassers, the future of the na-
tion will surely prove the capability of the American Indian under
favorable conditions to realize in a high degree the possibilities of
Anglo-Saxon civilization.
Table shotoiiig approximately the area in square miles and acres c^ded to the United States
by the various treaties with the Cherokee Xaiion.
Date of treaty.
1721
Xovember 24, 1755 .
October 14, 17C8 ...
State where ceded lands are located.
October 18, 1770 .
Junel, 1773 ....
March 17, 1775.
South Carolina.
do
Virginia
do
West Virginia .
Tennessee
Kentucky
do
West Virginia.
Virginia
Georgia
Kentiickv
May 20, 1777
July 20, 1777 5
May 31, 1783
November 28, 1785 .
July 2, 1791
October 2, 1798
October 24, 1804 ....
October 25, 1805 ....
October 27, 1805 ....
January 7, 1800
March 22, 1816
September 14, 1816 .
July 8, 1S17
February 27, 1819. .
May 6. 1828
December 29, 1833 .
July 19, 1866 a
Virginia .
Tennessee
South Carolina..
Xorth Carolina .
Tennessee
Georgia
North Carolina .
Tennessee
Kentucky
Tennessee
North Carolina .
Tennessee
North Carolina .
Georgia
Kentucky
Tennessee
do
do
Alabama
South Carolina .
Alabama
Mississippi
Georgia
Tennessee
Georgia
Alabama
Tennessee
North Carolina .
Arkansas
Tennessee
Georgia
Alabama
North Carolina .
Kansas
! Area
in square
miles.
2,623
8, 635,
850
4,500
4,300
150
250
10, 135
437
343
1,050
22, 600
1,800
2,650
2,051
4,414
1,700
1, 650
550
4,914
917
3,433
722
952
587
133
1,086
7, 032
H
5,269
1,602
148
3,129
4
383
435
837
1, 154
2,408
1. 542
4,720
1,484
7,202
2,518
1,112
61, 928
Total I 126,906i
Area ii
acres.
1,678,720
5, 526, 400
544. OOO
2, 880, UOO
2, 752, 000
90, COO
160, 000
6, 486, 400
279, 680
220, 800
672, 000
14, 464, 000
1, 152, 000
1, 696, 000
1, 312, 640
2. 824, 960
1, 126, 400
1, 0.56, 000
352, 000
3, 144, 960
586, 880
2, 198, 400
462, 080
609, 280
375, 680
80, 400
695, 040
4, 600, 480
800
3, 372. 160
1,025,280
94, 720
2, 194, 560
2,560
373, 120
278, 400
535. 680
738, 5C0
1,541,120
986, 880
3, 020, 800
949, 760
4, 609, 280
1,611,520
711,680
1, 233, 920
81, 220, 374
ain addition there was ceded by this treaty for tlie location of other Indian tribes all the Cherokee
domain in Indian Territory lying'west of 96°, containing by actuai surrey 8,144,772.35 acres or 12,726
square miles.
& And a fractional siiuare mile comprising 374 acres.
smithsonia:?^ ixstitutiox — bureau of ethnology.
THE MOUNTAIN CHANT:
A NAVAJO CEREMONY.
BY
Dr. WASHINGTON MATTHEWS, U. S. A.
379
CONTENTS.
Page.
tutroductiou 385
Myth of the origin of dsilyldje qafil 387
Ceremonies of dsilyWje qajil 418
First four days 418
Fifth day 419
Sixth day 424
Seventh day 428
Eighth day 429
Ninth day (until sunset) 430
Last night 431
First dance (nahiU3,i) 432
Second dance (great plumed arrow) 433
Third dance 435
Fourth dance 436
Fifth dance (sun) 437
Sixth dance (standing arcs) 437
Seventh dance 438
Eighth dance (rising sun) 438
Ninth dance (Hoshliiwn, or Tticca) 43tl
Tenth dance (bear) 441
Eleventh dance (fire) 441
Other dances 443
The great pictures of dsilyidje qafM 4 4
First liicture (home of tho serpents) 44(5
Second picture (yays and cultivated plants) 447
. Tiiird picture (long bodies) 450
Fourth picture (great plumed arrows) 451
Sacrifices of dsilyidje qa^Jll 451
Original texts and translations of songs, &c 455
Songs of sequence 455
First Song of the First Dancers . 456
First Song of the Mountain Sheep ,.' 457
Sixth Song of the Mountain Sheep 457
Twelfth Song of the Mountain Sheep 458
First Song of the Thunder 458
Twelfth Song of the Thunder 459
First Song of the Holy Young Men, or Young Men Gods 459
Sixth Song of the Holy Young Men 4G0
Twelfth Song of the Holy Young Men 460
Eighth Song of the Young Women who Become Bears 461
One of the Awl Songs 461
First Song of the Exploding Stick 462
Last Song of the Explod ing Stick 462
First Daylight Song 463
Last Daylight Song 463
381
382 CONTENTS.
Original tests and translations of songs — Continued, Page.
Other songs and extracts 464
Song of the Prophet to the San Juan River 464
Song of the Building of the Dark Circle 464
Prayer to Dsilyi' Neyiini 465
Song of the Rising Sun Dance 465
Instructions given to the aliduinili 466
Prayer of the Prophet to his Mask 466
Last Words of the Prophet 467
NOTE ON THE ORTHOGRAPHY OF NAVAJO WORDS.
The spelling of Navajo words iu this paper is in accordance with tlio alphabet of
the Bureau of Ethnology :
c = cft in chin; ^ = th in this; ^ = th in thinly; j=^ in a:urc; q = Germau ch iu
machen; ' shows that a vowel is aspirated ; the vowels have the continental sounds ;
ai is the only diphthong, and is like i in line; I is usually aspirated ; the other letters
have the ordinary English pronunciation.
ILLUSTRATIONS
Page.
Plate X. Medicine lodge, viewed from the eoutli 41S
XI. Mediciue lodge, viewed from the east 4'30
XII. Dance of nahik.ai 432
XIII. Fire dance 442
XIV. The dark circle of hrauchea at sunrise 444
XV. First dry painting 446
XVI. Second dry iiaiiiting 448
XVII. Third dry painting 4150
XVIII. Fonrth dry painting 452
Figure 50. Qastc&elii, from a dry painting of the kU-dji-qa^.a! 397
51. The foholfil, or plumed wands, as seen from the door of the medi-
cine lodge 422
52. Akfiuinili ready for the journey 424
53. The great wood pile •- 429
54. Dancer holding up the great plumed arrow 434
55. Dancer " swallowing" the great plumed arrow 434
56. The whizzer, or groaning stick 436
57. Yucca baccata 440
58. Sacrificial sticks (kefan) 452
59. The talking kethh,wn (kefin-yalfi') 452
383
THE MOUNTAIN CHANT : A NAVAJO CEREMONY.
By Dr. Washixgtox Matthews, U. S. A.
INTRODUCTION.
1. The cereinouy of dsilyid je qiifaljOr niouutain cbaut — literally, chant
towards (a place) vrithin the mountains — is one of a large number i)rac-
ticed by the shamans, or medicine men, of the Favajo tribe. I have
selected it as the first of those to be described, because I have wit-
nessed it the most frequently, because it is the most interesting to the
Caucasian spectator, and because it is the best known to the whites who
visit and reside in and around the Navajo country. Its chief interest to
the stranger lies in the various public performances of the last night.
Like other great rites of the shamans, it has its secret ceremonies of
many days' duration in the medicine lodge ; but, unlike the others, it
ends with a varied show in the open air, which all are invited to witness.
Another ceremony which I have attended, and which the whites usually
call the " Yaj'bichy Dance" (Yiibitcai), has a final public exhibition
which occupies the whole night, but it is unvaried. Few Europeans
can be found who have remained awake later than midnight to watch
it.. Such is not the case with the rite now to be described. Here the
white man is rarely the first to leave at dawn.
2. The appropriateness of the name dsilyidje or tsilgitce — towards (a
place) within the mountains — will be better understood from the myth
than from any brief description. " Dsilyi' " may well allude to mountains
in general or to the Carrizo Mountains in particular, to the place in the
mountains (paragraphs 9 and 38) where the origfnator of these cere-
monies (whom I often find it convenient to call "prophet") dwelt, or to
the uameofthe prophet (par. 41), or to all these combined. Qagal signifies
a sacred song or a collection of sacred songs. From the many English
synonyms for song I have selected the word chant to translate qagal.
In its usual signification hymnodj' may be its more exact equivalent,
but it is a less convenient term than chant. The shaman, or medicine
man, who is master of ceremonies, is known as qagali or chanter — el
cantador, the Mexicans call him. In order to keep in mind his relation-
ship to similar functionaries in other tribes I shall, from time to time,
allude to him as the iiriest, the shaman, or the medicine man, following
5 ETH 25 ^85
386 THE MOUNTAIN CHANT.
the example of otbcr authors. To all ceremouies of a cbaracter siuiilar
to this the term (ja^al is applicable. It would seem from this that the
Navajo regard the song as the chief part of the ceremony, bnt siuee
the Americans, as a rule, regard all Indian ceremonies as merely dances
and call them dances, I will, out of deference to a national prejudice,
Ircqueutly refer to the ceremony as a dance.
3. Sometimes the collective rites and amusements of the last night
are spoken of as ihiasjingo qa§al, or chant in the dark circle of
branches, from //, branches of a tree; nas, surrounding, eucircliug;
Jin, dark ; and go, in. The name alludes to the great fence of piiiou
branches, erected after sunset on the last night, to receive the guests
and performers. I shall often refer to this iuclosure as the corral. Some
white men call the rites 1 describe the "corral dance," but more usually
they call them the " hoshkilwn dance," from one of the minor perform-
ances of the last night, the hackan-inga', or act of the Yucca haccata,
a rite or drama which seems to particularly excite the Caucasian interest.
To such minor acts the terms inca' and alili are applied; these may be
translated dance, show, act, or exhibition.
4. TLie i>urposes of the ceremony are various. Its ostensible reason
for existence is to cure disease; but it is made the occasion for invok-
ing the unseen powers in behalf of the people at large for various pur-
poses, particularly for good crops and abundant raius. It would ap-
pear that it is also designed to perpetuate their religious symbolism.
Some of the shows of the last night an- undoubtedly intended to be
dramatic and entertaining as well as religious, while the merely social
element of the whole aflair is obvious. It is an occasion when the peo-
I)le gather to have a jolly time. The patient pays the expenses and,
probably in addition to the favor and help of the gods and the praise
of the priesthood, hopes to obtain social distinction for his liberality.
5. This, like other great rites of the Navajo, is of nine days' duration.
Some of these rites may take place in the summer ; but the great ma-
jority of them, including this dsilyidjo qa^'al, may be celebrated only
in the winter, in the season when the thunder is silent and the rattle-
snakes are hibernating. Were they to tell of their chief gods or relate
their myths of the ancient days at any other time, death from lightning
or snake-bite would, they believe, be their early fate.
G. While in New Mexico I sometimes employed a very liberal minded
Navajo, named Juan, as a guide and informant. He had^spent many
years among Americans, Mormons, and Mexicans, and was, I imagined,
almost perfectly emancipated from his ''early bias." He spoke both
English and Spanish fairly. On one occasion, during the month of Au-
gust, in the height of the rainy season, I had him in my study convers-
ing with him. In au unguarded moment, on his~part, I led him into a
discussion about the gods of Lis people, and neither of us had noticed
a heavy storm coming over the crest of the Zufii Mountains, close by.
We were just talking of Estsanatlehi, the goddess of the west, when
MATTHEWS.]
MYTH OF DSILYIDJE QACAL. 387
the bouse was shaken by a terrific peal of thunder. He rose at ouce,
pale a^ul evidently agitated, and, whispering hoarsely, "Wait till Christ-
mas; they are angry,"' he hurried away. I have seen many such evi-
dences of the deep influence of this superstition on them.
7. When the man (or the woman) who gives the entertainment con-
cludes he is sick and that he can afl'ord to call a shaman, it is not the
latter who decides what particular rites are best suited to cure the
malady. It is the patient and his friends who determine this. Then
they send for a man who is known to be skilled in performing the
desired rites, and it is his province merely to do the work required of
him.
8. Before beginning to describe the ceremonies it will be well to relate
the myth accounting for their origin.
MYTH OF THE ORIGIN OF DSILYIDJE QACAL.
9. Many years ago, in the neighborhood of Dsilyi'-qojoui, in the Car-
rizo Mountains, dwelt a family of six : the father, the mother, two sous,
and two daughters. They did not live all the time in one locality, but
moved from place to place in the neighborhood. The young men hunted
rabbits and wood rats, for it was on such small animals that they all sub-
sisted. The girls spent their time gathering various wild edible seeds.
10. After a time they went to a place called Tse'bicai (the Wings of
the Eock or Winged Eock), which lies to the east of the Carrizo Mount-
ains, on a plain. When they first encamped there was no water in the
vicinity and the elder brother went out to see if he could find some.
He observed from the camp a little sandy hillock, covered with some
vegetation, and he determined to see what sort of plants grew there.
Arrived there, he noticed a spot where the ground was moist. He got
his digging stick and in'oceeded to make a hole in the ground. He had
not dug long when the water suddenly burst forth in great abundance
and soon filled the excavation he had made. He hastened back to the
camp and announced his success. When they left the Carrizo ]\Iount-
aius it was their intention to go to (^'epeutsa, the La Plata Mountains, to
hunt for food, and their halt at Tse'-bi^ai was designed to be tempo-
rary only; but, now that they had found abundance of water, the elder
brother counseled them not to hasten on, but to remain where they were
for a while. The spring be developed still exists and is known to the
^STavajo as Qobinakis, or the One-Eyed Water.
11. The spring was some distance from the camp, and they had but
one wicker water bottle ; so the woman, to lighten her labor, proi)osed
that they should move their goods to the vicinity of the spring, as it
was her task to draw the water. But the old man counseled that they
should remain where they were, as materials for building were close at
band and it was his duty to erect the hut. They argued long about it;:
but at length the woman prevailed, and they carried all their property
388 THE MOUNTAIN CHANT.
down close to the spriug. TLe elder son stiggested that it would be
well to dig into the soft sandy soil, iu order to have a good shelter ; so
the old man selected a sandy hillock, overgrown with grease-wood, and
excavated it near one edge, digging straight down, so as to have a wall
on one side.
12. They had a stone ax head, with a groove in it. Around this they
bent a flexible twig of oak and tied it with the fibers of the yucca, and
thus they made a handle. The first day after the spring was found the
young men went out and chopped all day, and in the evening brought
home four poles, and while they were gone the old man dug in the hill-
ock. The next day the young men chopped all day, and at night re-
turned with four more poles, while their father continued his digging.
They worked thus for four days, and the lodge was finished. They made
mats ot hay to lie on and a mat of the same material to hang in the
doorway. They made ii.ats of tine cedar bark with which to cover them-
selves in bed, for in those days the Navajo did not weave blankets such
as tliey make now. The soles of their moccasins were made of hay and
the npiiers of yucca fibers. The young men were obliged to go hundng
every day ; it was only with great labor they could keep the house
supplied with meat; tor, as has been said, they lived mostly on small
animals, such as could be caught in fall traps. These traps they set at
night near the burrows, and they slept close to the traps when the lat-
ter were set far from home. They bunted thus for four days after the
house was finished, while their sisters scoured all the country round in
search of seeds.
13. AVith all their work they found it hard to make a living in this
place. The laud was barren ; even rats and prairie dogs were scarce,
and the seed bearing plants were few. At the end of the fourth day
they held a consultation, and the old man said they would do better to
move on to the San Juan Eiver, where food was more abundant, and
they could trap and gather seeds as they traveled. They determined
to leave, and next morning broke camp. They journeyed on till they
reached the banks of the San Juan. Here they found abundance of
tciltcin (fruit of Rhus aromatica) and of grass seeds, and they encamped
beside the river at night.
14. Next day they traveled up the stream to a place called Tse'yqaka,
and here again they halted for the night. This place is noted for its
deposits of native salt. The travelers cut some out from under a great
rock and filled with it their bags, made out of the skins of the squirrels
and other small animals which they had captured. Thence they fol-
lowed up the river to Tse'^'cza' (Rock Sticking Up), and thence to
(jUsya-qojoui (Beautiful Under the Cottonwoods), where they remained a
day and killed two rabbits. These they skinned, disemboweled, crushed
between two stones, bones and all, so that nothing might be lost, put
them into an earthen pot to boil, and when they were sufidcieutly cooked
they added some powdered seeds to make a thick soup ; of all this they
MATTHEWS.! MYTH ! THE JOUKNEY TO (,'EPENTSA. 389
made a liearty meal. The Navajo tlieu bad neither horses uor asses;
they could not carry stoue metates when they traveled, as they do now;
they ground their seeds with such stones as they could find anywhere.
The old man advised that they should cross the river at this point and
he directed his sons to go to the river and look for a ford. After a time
they returned and related that they had found a place where the stream
■was mostly knee deep, and where, in the deepest part, it did not come
above their hips, and they thought all would be able to cross there. The
father named the hour of bihilgohigi (when it gets warm, i. e., about 10
a. m.), on the morrow, as the time they should ford the San Juan ; so
next morning at the appointed time they crossed. They traveled up
the north bank until they came to a small affluent whose source was in
(pep6utsa. Here they left the main river and followed the branch until
night approached, when they made camp.
15. They moved on next day and came close to (fepentsa, to a soil
covered with tracks of deer and of other great animals of the chase.
Here they encamped, and on the following morning the young men set
out by different ways in the direction of the mountain to hunt ; but at
night they returned empty handed. Thus they hunted four days unsuc-
cessfully. Every day while his sons were gone the old man busied him-
self cutting down saplings with his stone as and building a house, and
the daughters gathered seeds, which constituted the only food of the
family. As the saplings were abundant and close to the camp, the old
man built his house fast, and had it finished at nightfall on the fourth
day, when his sons returned from their fruitless labors. They entered
the lodge and sat down. They were weary and hungry and their bodies
were badly torn by the thorns and thick copse of the mountains. Their
father spoke not a word to them as they entered; he did not even look
at them ; he seemed to be lost in deep contemplation ; so the young
men said nothing, and all were silent. At length the old man looked
up and broke the silence, saying, "Aqalani cactcini!" (Welcome, my
children.) "Agaiu you have returned to the lodge without food. What
does it avail that you go out every day to hunt when you bring home,
nothing? You kill nothing because you know nothing. If you had
knowledge you would be successful. I pity you." The young men made
no reply, but lay down and went to sleep.
16. At dawn the old man woke them and said : " Go out, my children,
and build a sweat-bouse, and make a fire to heat stones for the bath,
and build the sweat-house only as I will tell you. Make the frame of
four different kinds of wood. Put kag (juniper) in the east, tse'isy^zi
(mountain mahogany) iu the south, ^estsi° (piiion) in the west, and
awetsal (cliff rose) in the north ; join them together at the top and cover
them with any shrubs you choose. Get two small forked sticks, the
length of the forearm, to pass the hot stones into the sweat-house, and
one long stick to poke the stones out of the fire, and let all these sticks
be such as have their bark abraded by the aullers of the deer. Take
3L'0 THE MOUNTAIN CHANT.
of all the plants on which the deer most like to browse and spread them
on the floor of the sweat house, that we may sit on them." So they
built the lodge as he directed, and lit the fire and heated the stones.
While they were transferring the hot stones from the fire to the lodge
the old man brought out the mats which they used for bedding, and
when all the stones had been put in he hung the mats, one on toj) of
another, over the doorwaJ^ Tliis done the three' men went into the
sudatory and sat down to sweat, uttering not a word. Wlien they had
perspired sufficiently they came out and sat down in silence until they
were again ready to submit themselves to the beat. In this way they
sweated themselves four times, keeping all the time a perfect silence,
until tliey emerged for the last time, when the old man directed his
daugliters to dig some soap root and make a lather. In this he bade
his sons wash their hair and the entire surface of their bodies well.
When they were thoroughly cleansed, he sent them out to set twelve
stone fall trai)s, a task which occupied all the rest of the day. For
each trap they buried a flat stone with its ui)per side on a level with
the surface of the ground; on this they sprinkled a little earth, so
that the rat would suspect nothing; over thii5 they placed another
flat stone, leaning at an angle and supported by a slender stick, to
which were attached berries of the aromatic sumac as a bait. Tliat
night the young men sat up very late talking with their father, and
did not lie down to sleep until after midnight, when, as their father
directed, they lay side by side with their heads to the east.
17. The elder brother arose early, stirred the embers and made a fire,
and soon the younger awoke. As they sat by the fire warming them-
selves, the elder one said: "Younger brother, I had a dream in the
night; I dreamt I killed a buck deer." And the younger replied:
" Elder brother, I, too, had such a dream, but that which I kilUd was a
doe." The old man heard their words and rose, saying, ''It is well, my
(;hildren ; go out and try again." They went out to visit their traps.
The first one they came to had fallen ; they lifted the stone and found
under it the body of a rat. So each one in turn, as they visited it was
found to have fallen, ktUiug in its fall some small animal; and they re-
turned to the lodge with twelve little creatures for their food. Then
the old man told them to take their bows and arrows and hunt for deer.
" Hunt," said he, " to the east, the west, and the north, if you will, but
do not pass to the south of the lodge." With these instructions they
set out, each one in a difierent direction. The elder brother had not
traveled far when he saw a herd of deer and shot one of the number.
He skinned it, cut it up, took the backbone, hide, and tallow, and hung
the rest iu a tree. As he drew near the house, ho saw his younger
brother approaching from a difierent direction with the hide and meat
of a doe. When they entered the hut, the old man asked which of
the two deer was shot first. The elder brother answered: "I think
mine was, for I killed it early this morning, soon after I left the house."
MATTHEWS.] MYTH : THE MYSTERIES OF THE DEER HUNT. 391
"Well," said tbe father, "tbis skiu of the first slain is iniue; go and
stretch it and dry it for uie with care." After this they went ont hunt-
ing every day for twelve days, but fortune seemed to have deserted
them ; they killed no more game ; and at the end of that time their sup-
ply of meat was exhausted. Then the old man said : " It always takes
four trials before you succeed. Go out once more, and if you kill a
deer do not dress it, but leave it as it is."
18. On the following day they left the lodge together and did not
take separate trails. Soon they killed a deer, and the younger brother
said: " What shall we now do with it, since our father has told us not
to skin it and not to cut it up?" The elder brother said : " I know not.
Return to the lodge and ask our father what we must do." Then the
younger brother returned to his father and the latter instructed him
thus : " Cut the skin aroiuul the neck ; then carefully take the skin from
the head, so as to remove the horns, cars, and all other parts, without
tearing the skin anywliere. Leave such an amount of flesh with the
nose and lips that they will not shrivel and lose their shape when they
dry. Then take the skin from the body, which skin will again be mine.
One of you must take out the pluck and carry that in the hide to me;
the other will bring the skiu of the head and tlie meat. Let him who
bears the pluck come in advance, and stop not till he coTncs directly to
me, and he must hand it to me and to no one else." The younger brother
went back and told all this to the elder. They dressed the deer as they
were bidden ; the younger put the pluck in the skin and went in ad-
vance, and tbe elder followed with tbe venison and tbe skin of the bead.
When they reached the hogi'in, the father said : " Where is tbe atcai?"
(pluck) and the younger said: "It is in the skiu." "Take it out.''
said the old man, '-and hang it on yonder mountain mahogany." The
young man did as be was bidden. Tbe father advanced with his bow
and arrow and banded them to the elder brother, who iilaced the arrow
on the string and held the bow. Tbe old man put his hands on toj) of
those of his son and together they drew the bow. The former took
careful aim at the pluck and let tbe arrow fly. It struck the object
and penetrated both heart and lungs so far that the point protruded on
the opposite side. Then the old man told bis sou to seize tbe arrow by
the point and draw it completely through, which was done. "N'ext be
made his son stand close to the ))luck, looking towards it, and while bis
sou was in this position he blew on him in the direction of the i)luck.
"Now," said the father, "whenever you want to kill a buck, even if
there is neither track nor sign of deer in sight, you have only to shoot
into the tse'iscazi (mountain mahogany, CercocarimsparvifoJlnH) and you
will find a dead deer where your arrow strikes ; while if you wish to kill
a female deer yon will shoot your arrow into the awetsal (clifl' rose,
Coicania mexicana) and you will Ijnd a doe there." When all this was
done they prepared the skiu of the head, uuder the old man's directions.
To keep the skin of the neck open they put into it a wooden hoop.
392 THE MOUNTAIN CHANT.
They sewed up the mouth, left the eyeholes opeu, stuti'ed the skin with
hay, aud huugit in a tree to dry, where it would not get smoky or dusty.
Thry cut places in the neck tlirough which the hunter might see. The
skin of the doe which the younger brother had killed some time before,
and which had been tanned in the mean time, they painted red and gray,
to make it look like the skin of an antelope. They prepared two short
sticks, about the length of the forearm ; these were to enable the hunter
to move with ease and hold his head at the proper height when he crept
in disguise on the deer. During the next four days no work was done,
except that tlie elder brother practiced in imitating the walk of the
deer.
19. From the camp where these things happened they moved to a
place called Tse'-lakai-ia' (White Standing Eock). Before they went to
hunt or gather seeds, the old man desired that they should all help to
build the hog.la (hut) ; so all went to work together, men and women,
and the hogdn was completed, inside and outside, in four days.
20. The morning following the completion of the hogan, the father
sent the young men out again, directing them, as before, not to go to
the south. They went off together, and soon espied a herd of deer.
The elder brother put on the deer mask aud began to imitate the mo-
tions of the animal, asking his younger brother what he thought of the
mimicry. When the latter gave his approval, the elder brother said,
"' Steal round to the other side of the herd and when they see you they
will come in my direction." He waited, and when he saw that his
brother had got to the other side of the herd, he selected a big fat buck
as his special object, aud began to move towards him, walking and
pawing the ground like a deer, and rubbing his antlers against the
trees. Soon the buck began to approach the hunter, but the latter kept
his head constantly turned toward the deer the better to maintain his
disguise. Presently the buck came quite close to the Indian, when the
latter sped his arrow and brought the quarry down. They carried the
meat home and the old man demanded that the meat and skin should
all be his in payment for his advice. Tliis was the third time he had
advised them aud the third time he had received a gift for his service.
He directed that the meat should be cut into pieces and hung In the
trees to dry, and that the skin should be stretched and dried for his bed.
21. Next day the elder brother desired the younger to stay at home,
saying that he would like to hunt alone. As usual, the old man warned
him against the south and directed him to hunt in the country north of
the hogdn. He set out, accordingly, to the north; but he returned at
night without any game. Again on the following morning he set out
alone, and this time went to the west, as his father had directed. He
hunted all day without success, until near sunset, when it was time for
him to return. Then he remembered wliat his father had told him of
the shrubs that would always have deer for his arrow. Looking around
he saw a cliff rose, into which he shot his dart, and at the same instant
MATTHEWS.] MYTH I THE DISOBEDIENCE OF THE PROPHET. 393
Ije observed a deer falliug iu the shrub. He rau to the spot aud fouud
a dead doe. "U'hen he had skiuaed and dressed it, he could discover
110 high tree at liaiid that he might hang it on to keep it safe from the
wolves, so he laid the meat on the top of the cliff rose, spread the skin
over it, stuck an arrow upright on the top of it, and went home. On
his way he often said to himself, "^Yhy does my father bid mo never to
go to the south?" He pondered much on the subject, and before he
reached the hut he had determined to satisfy his curiosity aud to go to
the south on the first good opportunity. When he got home he told
where he had laid the meat, and, fearing that the crows or coyotes
might get at it, he begged his brother to hasten and bring it iu. When
the meat came he asked that a piece might be broiled for his lunch on
the hunt next day. All that night the thought of his father's prohibi-
tion continued to haunt his mind aud would not be dismissed.
2'2. On the morrow, when he went forth on his hunt, his father gave
him the usual injunctions, saying: "Hunt iu any direction from the
lodge that you will; but go not to the south." He departed as if he
were going to the east; but when he got out of sight from the hogdn
he turned round to the south aud pursued his way in that direction.
He went on until he came to the San Juan Kiver, and he forded it at
a place a little above Beautiful Under the Cottonwoods, where they
had crossed it before. He went on to a place called Tyel-sakaf, (Erect
Cat-Tail Eushes) and thence to a place called Dsiski((; (Clay Hill). Here
he laid his deer skin mask and his weapons on the ground and climbed
the hill to observe the surrounding country for game. But instead of
looking south in the direction iu which he was going he looked to the '
north, the couiitiy iu which dwelt his people. Before him were the
beautiful peaks of (pepentsa, with their Ibrested slopes. The clouds
hung over the mountain, the showers of rain fell down its sides, aud all
the country looked beautiful. And he said to the land, "Aqalani!"
(greeting), and a feeling of loneliness i-.nd homesickness came over him,
aud he wept and saug this song:
That flowing water! That flowing water!
My mind wanders across it.
That broad water! Tliat flowing water!
My miud wanders across it.
That old age water! That flowing water!
My mind wanders across it.
23. The gods heard his song and they were about to gratify his wishes.
He was destined to return to (pepeutsa, but uot in the manner he most
desired. Had he gazed to the south when he ascended the hill, instead
of to the north, it might have been otherwise.
24. He wiped away his tears and went down to the place where he
had laid his mask and arms at the foot of the hill. He put on his buck-
skin coat and was just putting on his mask, but had not quite drawn
it down over his head, when he heard a noise to the south and, looking
394 THE MOUNTAIN CHANT.
around, he saw a great crowd on horseback riding towards him. To
see better he drew off his mask, and then observed that they were
dividing into two lines as they advanced; a moment later he was sur-
rounded. The horsemen were of the tribe of Ute, a people whose
language he did not understand. One young man rode up close to the
Kavajo, aimed an arrow at the breast of the latter and drew it to the
head; but just as he was about to release it an old man began to ad-
dress the party in a loud voice and the young warrior lowered his ar-
row and relaxed his bow. Then the speaker dismounted, api)roached
the captive, and seized him bj' the arui. For a long time there was
much loud talking and discussion among the Ute. Now one would
harangue the party and then another would make a speech, but after a
whik^ the dispute ceased and the old man motioned to the Navajo to
move DU. They made him trot wliile they followed him on horseback
in a semicircle, so that they could guard him and watch his movements.
Soon they came to Tyel sakaf ; shortly afterward they crossed the San
Juan. That night tliey camped near (pepentsa, where they watched
him closely all night and gave him nothing to eat. They bound his
feet firmly together, tied his hands behind his back, and threw an un-
tanned buckskin over him before they lay down to sleep.
25. They set out 07i their journey again early iu the morning. At
^oin^eski' (Scattered Springs) they stopped for a little while to eat, but
the only food they gave the Navajo was the full of his palm of service
berries. When they an ived on tiie south side of Qotsosi (Narrow Water)
they halted for the night and a number went out to hunt. Among them
they secured two deer, one large and one small ; the feet of these they
gave to their captive for his supper. Nest morning they gave him a
piece of liver, half of which he ate and the rest he kept. They moved
on rapidly and rested for the night at Dsil nahoyttl, where there was a
spring. They had given him nothing to eat all that day, and at night
they gave him nothing; so it was well for him that he had secreted part
of the liver. This he ate after dark. On the third morning he had to
set out fasting and had to go on foot as usual. About noon, however,
one of the Ute took pity on him and lent him a horse to ride, while
the owner of the horse walked all the afternoon. That night they ar-
rived at the bank of a large river, and here they gave him to under-
stand, by signs, tliat this was the last river they would cross until they
got home. Beyoiid the river there was nothing iu sight but a great
l)lain.
i'O. By the ligiit of the morning, however, on the next day, he dis-
cerned some mountains showing their points faintly above the northern
horizon. To these the Ute pointed and motioned to him to go ahead.
They did not follow him immediately ; but saddled up at their leisure
while the Navajo went on. Though he was now for some time alone
on the trail and out of sight of his captors, he knew that he could
not escape ; all around and before Lim was a desert plain where he could
MATTHEWS] MYTH l THE CAPTIVITY OF THE PROPHET. 395
not discover a. siugle liiding' place ; so he trudged ou, tired and hungry
and sorrowing, and lie wept all along the way. At noon they gave him
another handful of berries.
27. At night Ihey came to a plain situated between four mountains,
one on the east, one on the south, one ou the west, and one ou the north,
and here there was a great encampment of Ute, whose tents were scat-
tered around in different places on the plain. There was one tent
whose top was painted bhick and whose base was painted white and
which had a forked pole set in the ground in front of it. To this liis
master, the old man who had saved his life and taken him by the arm
on the occasion of his capture, led hiui, while the rest of the war party
departed to their respective tents. The old man hung his own arms
and accouterments on the pole, and the slave, following his example,
hung his deer skin mask and robe ou the forks and laid his crutches
against the pole, and he prayed to the head of the deer, saying:
Whenever I Lave appe.iled to you, you have helped lue, my pet.
Ouce you were alive, my pet.
Take care that I do not <lie, my pi't.
Watch over me.
When he had finished his prayer an old man came and dauced around
him, and when the latter had done an old woman apjiroached with a
whistle in her hand and she whistled all around him. This was for joy
because they had captured one of an alien tribe. Then his master mo-
tioned to him to go into the tent. Here he was given a large l>o\vl of
berries of which he ate his till, and he was allowed to lie down and
sleep undisturbed until morning.
28. Next morning the Ute began to enter the tent. They came one
by one and in small groups until after a while there was a considerable
crowd present. Then they gave the Navajo to understand by signs
that they wished to know for what purpose he wore the mask and the
buckskin. He answered that he used them for no particular jmrpose,
but only for a whim. They repeated the question three times very
pointedly and searchingly, but he continued to nmke evasive replies.
The fourth time they addressed him they charged him to tell the truth
and speak quickly, reminding him that he was a prisoner whose life
was in the hands of his captors and telling him that if he did not dis-
close the use of his mask and robe he would be killed before sunset,
while if he revealed the secret his life would be spared. He pondered
but a short time over their words and determined to tell them the truth.
So he explained to them the use of the mask and the robe in deceiving
the deer and told the wonderful power he had of getting game by shoot-
ing into certain bushes. At dark they sent in two young men to be
initiated into his mysteries. He began by giving them a full account
of all his father had done and all he had shown him; he then taught
them how to build the sweat-house, how to make the mask, how to
shoot the pluck, and how to walk like a deer, and he made them prac-
396 THE MOUNTAIN CHANT.
tice the walk and the motions of the animal. All this occupied eleven
days.
29. Oil the twelfth day the Ute went out to hunt, leaving few men
in camp. There was a small inclosure of brushwood close to the tent;
in it were two high poles on which skins were dressed. His master
left him, that day, two skins to prepare, and he set to work at them
and labored bard scraping and rubbing them until about noon, when
lie felt hungry and went into the tent to see if he could find auytiiing
to eat. He opened a bag and found it to contain dried meat; he put
some of this on the coals and sat down to wait till it was done. As he
watched the meat cooking he heard a noise at the deer skin door of the
tent and, looking up, he beheld an old woman crawling in on her hands
and knees. She passed once around the fire and went out at the door
again, but before she disapjieared she turned her head and addressed
him, saying: '-My grandchild, do something for yourself." He paused
a moment iu wonder at the strange vision he had seen and the strange
words he had heard, and then he rushed out of the tent to follow bis
visitor and see -who she might be. He went around the tent four times;
he gazed in every direction ; but no one was to be seen. During the
rest of the day he worked but little. Occasionally he took up a stone
" and rubbed the hides; but most of the time he walked and loitered
around, busy with his thoughts.
30. After sunrise the hunters returned with an abundance of meat.
They came to the great lodge where the master of the Navajo dwelt;
they extended its circumference by removing the pegs at the bottom;
they stored the goods of the owner away at the outer edge, so as to
leave a clear space in the center, and made everything ready for the
reception of a large numbi?r of guests. After dark a great number
gathered in the tent and the captive was ordered by his master to bring-
some water. He took two wicker bottles to a neighboring spring, filled
them,aud laid them on the ground beside the spring, while he went to
gather some plants to stick into the mouths of the bottles as stopples.
As he went he heard a voice saying "Hist!" and looking in the direction
whence it came he saw a form sitting in the water; it wore a mask like
the head of a great owl and it was smoking a pipe. When he turned
towards it, it said, "You walk around like one without sense or knowl-
edge. Whj- don't you do something for yourself? When next you hear
my voice it will be well for you if you walk towards it."
31. The voice ceased and the form of the owlman vanished. Then the
Xavajo put the stopples into the vessels and carried them back. When
he returned he observed that two large dogs were tied to the door, one
on each side, and that three doors had been added to the lodge during
his absence, so that now there were four doors covering the doorway.
When he entered he found the lodge filled with Ute and he saw four
bags of tobacco and four pipes lying near the fire, one at each car-
dinal point of the compass. He observed a very old man and a very
MATTHEW? J
MYTH: THE COUNCIL AND THE SENTENCE.
397
old woman seated at, tbe door, one on each side. A cord tied to tie old
woiuau passed round the edge of the lodge ou one side, behind the
spectators, to the west, and another cord, tied to the man, passed round
on the opposite side of the lodge. His master bade him sit down in
the west, and when he was seated one of tbe cords was tied to his wrists
and one to his ankles, and thus he was secured to tbe old pair.
32. Kow he feared more than ever for bis safety ; he felt sure that bis
captors contemplated his death by torture. The pipes were lit and the
council began. The talking in tbe strange
tongue that he could not understand had
lasted long into the night, when he fan-
cied that he heard the voice of tbe Yebit-
cai (Anglicized, YaybicbyorGay-bi chy)
above the din of human voices, saying
'•hu'hu'hu'hu" in tiie far distance. He
strained his attention and listened well,
and after a while he felt certain that he
heard the voice agtiin nearer and louder.
It was iiot long until the cry was repeated
for the third time, and soon after tbe cap-
tive beard it once more, loudly and dis-
tinctly, immediately to the west of the
lodge. Then there was a sound as of
footsteps at tbe door, and the white light-
ning entered through the smoke bole aud
circled around the lodge, hanging over
tbe beads of tbe council. But tbe Ute
heard not tbe voice which the Xavajo
beard and saw not tbe vision he beheld.
Soon the Tiiybichy (Qastceielgi) entered
tbe lodge and standing on the white
lightning, said: "Wbat is the matter
with you, my grandchild! Yon take no
thought about anything. Somethingyou
must do for yourself, or else, in the morn-
ing yon will be whipped to death — that
is what tbe council has decided. Pull
out four pegs from the bottom of the tent, push it opeu there, and
then you can shove things tiirougb." The Navajo answered, '-How
shall I do it! See the way I am tied! I am poor! See how I am wound
up !" But Qastcei'I^i again said : " AVheu yon leave, take with you those
bags filled with embroideries and take with yon tobacco from the pouches
near tbe fire." Scarcely had Qastceel^i disappeared when tbe Navajo
beard a voice overhead, and a bird named qoccofi flew down through the
smoke hole, hovered four times around the lodge over the beads of the
Ute, aud departed by the way it h;id entered. In a moment after it had
Qiistceel9i, froni a dry yiaiuting
of the kl^ilji-qavtil-
398 THE MOUNTAIN CHANT.
disappeared a few of the Ute begau to uod aud close their eyes; soou the
others showed sigus of drowsiness ; some stretched themselves out on
the ground overpowered with sleep; others rose and departed from
time to time, singly and in little groups, to seek their lodges and repose
there. The last to drop asleep were the old man and the old woman
who sat at the door; but at length their chins fell upon their bosoms.
Then tlie Xavajo, fearing no watchers, went to work and loosened the
cords that bound him ; he lifted, from the inside, some of the pegs which
held the edge of the tent, and shoved out the two bags of embroideries
which Qastceel§i had told him to take. Passing out through the door
of the lodge, where he found both the watchdogs sound asleep, and
taking with bim the cords with which he had been tied and some of
the tobacco, he went round to the back of the lodge, where he had put
the bags; these he tied with the cords in such a manner that they would
make an easily balanced double bundle, lie shouldered his buudle aud
was all ready to start.
33. At this moment he heard, at a little distance to the south of
where he stood, the hoot of an owl. Instantly recollecting the words
of the owllike form which he had encountered at the spring at night-
fall, he set off in the direction from which the call proceeded. He had
not walked far until became to a precipitous bluff formed by two branch-
ing caiions, and it seemed at first impossible for him to proceed farther.
Soon, however, he noticed a tall spruce tree, which grew beside the
l^recipice from the foot to the summit, for the day had now begun to
dawn and he could see objects more clearly. At this juncture QastceiJlgi
again appeared to him and said: "How is it, my grandchild, that yon
are still here? Get on the top of that spruce tree and go down into
the canon ou it." The Xavajo stretched out his hand to seize the top
of the tree, but it swayed away from his grasp. " See, my grandfather,"
he said to Qastceelyi, "it moves away from me; I cannot reach it."
Then Qastceiilyi flung the white lightning around the top of the tree,
as an Indian lliugs his lasso around the neck of a horse, and drew it
in to the edge of the cliff. " Descend," he commanded the Indian, "and
when you reach the bottom take four sprays from the tree, each from
a different part. You may need them in the future." So the Xavajo
went down, took the four sprays as he was bidden and put them under
his robe.
31. At the base of the bluff he again met Qastceekji, and at this
moment he heard a noise, as of a great and distant tumult, which seemed
to come from above and from beyond the edge of the cliff" whence they
had descended. From moment to moment it grew louder and came
nearer, and soon the sounds of angry voices could be distinguished.
The Ute had discovered the flight of their captive and were in hot pur-
suit. "Your enemies are coming for you," said the divine one ; "but
youdei- small holes ou the opposite side of the canon are the doors of
my dwelling, where you may hide. The bottom of the canon is strewu
MATTHEWS] MYTH: THE FLIGHT OF THE PROPHET. 3\)d
■with lai'ge rocks and fallen trees ; it would take you luucb time and
hard labor to get over these if I did not help you; but 1 will do some-
thing; to make your way easy." As he said this he blew a strong breath,
and instantly a great white rainbow spanned the canon. The Xavajo
tried to step on this in order to cross, but ifc was so soft that his feet
went through ; he could not step on it. Qastcei^lgi stood beside him and
laughed at his fruitless attempts to get on the rainbow. After he had
enjoyed this sport sufiQciently the ye (Anglicized, gay or yay) blew
another strong breath, when at once the rainbow became as hai'd as
ice and they both crossed it with ease. When they reached the opposite
wall of the canon Qastceelcji pointed to a very small hole in the cliff and
said, "This is the door of my lodge; enter!" By this time tlie shouts of
the Ute sounded very loud in the ears of the terrified fugitive and it
seemed to him that his pursuers must have reached the edge of the
opposite cliff, where they would not be long before they would see him ;
still, hard- as he tried to enter the cave, he could not succeed ; the hole
was not big enough for him to put his head in. The Yaybichy ro;ired
with laughter and slap[)ed his hands together as he witnessed the ab-
ject fear and the fruitless efforts of the Navajo. When he had laughed
enough he blew on the little hole and it spread instantly into a large
orifice, through which they both entered with ease. They passed through
three rooms and stopped iu the fourth. Here Qastceelyi took the bags
from the back of the Navajo, opened them, and drew from them some
beautifully garnished clothing — a pair of moccasins, a pair of long-
fringed leggings, and n shirt. He arrayed himself iu these and went out.
leaving the jSTavajo in the cave. As soon as his rescuer was gone the
fugitive heard loud noises without and the sound of many angry voices,
which continued for a long, long time. At last they died away and were
heard no more. The Ute had tracked him to the edge of the cliff where
he got on the tree ; but there they lost his trail and searched all tbe
neighborhood to see if they could regain it; hence the noises. When
all was silent Qastetselgi returned and said, " Your enemies have departed ;
you can leave in safety." So, taking a tanned elk skin to cover his back
and a pair of new moccasins to protect his feet, the Navajo set out
from the cave.
35. It was nightfall when he emerged. He turned his face in the di-
rection of his home and walked rapidly all the night. As day dawned he
began to feel hopeful ; but, ere the sun rose, distant sounds, which grew
londer and louder, reached his ear. He knew tbem to be tbe voices of
his iJursuers and again he became sorely afraid. He hurried on and
came near the foot of a high isolated i>innacle of rock, whose top ap-
peared to be inaccessible. Glancing to the summit, however, he beheld
standiugthereablackmountainsheep. Thinkingtbattbis singular vision
was sent to him as a sign from the yays (gods) and boded well for biui,
he came to the base of the rock, when the sheep addressed him, saying:
"My grandson, come around to tbe other side of the rock and you will
400 THE MOUNTAIN CHANT.
flud a place where you may ascend.'' He went arouud as be was bid-
den and saw the cleft in the rock, but it was too narrow for him to
climb in it. Then the sheep blew into the cleft and it spread out so wide
that he entered it easily and clambered to the summit. Here he found
the sheep standing in four tracks, marked or sunken in the rock, one
hoof in each track, and under the center of his body was a smallhole in
the rock. Into this hole the sheep bade him enter; but he replied that
the hole was too small. Then the sheep blew on the hole audit spread
so wide open that both the man and the sheep entered easily and de-
scended into the heart of the rock. Here there were again four apart-
ments ; two of them were blue and two were black ; rainbows extended
in all directions through them. In the fourth room, which was black,
the sheep left the Navajo to rest, and departed. Soon the fugitive
heard, as on the previous day, when he lay hidden in the cave of Qas-
tceiilfi, the voices of the angry Ute calling aud haranguing all around
the rock, and he continued to hear them for a very long time. Soon
after the clamor ceased the shisep returned to him to notify him thathis
enemies had withdrawn and that he could set out on his journey again
without fear.
30. He journeyed homeward all the night, and when daylight began
to appear he found himself on the banks of the stream where the Ute
slept the night before they reached their tents, when they bore him
home a captive. Here again he heard in the distance the voices of his
pursuers and he hastened his steps. Presently he met a little old man
sitting on the ground aud cleaning cactus fruit. The old man had a
sharp nose, little bright eyes, and a small moustache growing on each
side of his upper lip. At once the Navajo recognized him as the Bush-
rat [Xcotoma mexicana). The latter asked the traveler where he came
from. "Oh, I am just roaming around here," was the answer. But the
rat, not satisfied, repeated his question three times, in a manner which
gave the Navajo to understand that his answer was not credited. So
at last he answered truthfully that he was a Navajo who had been ca^jt-
ured by the Ute, and that he was fleeing homeward from his captors,
who were at that moment close behind him in pursuit. "It is well,"
said the rat, " that you have told me this, for I think I can save you.
On yonder hillside there is a flat rock, and round about it are piled
many little sticks and stones. It is my home, and I will guide you
thither." He led the Indian to the rock and, showing him a small hole
under it, bade him stoop low and place his head near the hole. As the
Navajo obeyed the rat blew a strong breath on the hole, which at once
opened wide enough to let the visitor in. The rat followed immediately
behind him as he entered. Inside of the den there were an old woman,
two young men, and two young women. These constituted the family
of the Bush-rat, who left the deu as soon as the stranger was safely
housed. Soon the voices of the pursuing Ute were again heard around
the rock and at the mouth of the den, and the Navajo sat a long time
.MATTHEWS] MYTH: MARVELOUS INCIDENTS OF THE FLIGHT. 401
in silence listening to them. After a wbile tbe rat 'n-oiunn said to Liiu,
" Yon seem to be tired and bungry. "Will you bave sometbiug to eat?"
and be answered, " Yes; I am very bungry and would lilie some food."
On bearing this she went into one corner of ber dwelling, where were
many chips and bones and shells of seeds and skins of fruits, and she
brought him some of these and offered them to him ; but at this moment
tbe wind god whispered into his ear and warned him not to partake of
the refuse; so he said to the woman, "My mother, I can not eat these
things." Then she went to another corner of the den, where tbeie was
another pile of debris ; but again the wind god prompted him and again
he refused. After this she visited in turn two other piles of trash in
tbe corners of her lodge and tried to make him accept it as food, but he
still rejected it. Now, while he had been sitting in the lodge be had
not failed to look around him, and he bad observed a long row of wicker
jars standing at one side. At one end of the row was a black vessel
and at the other end a white vessel. When she at length asked him,
"What food is it that you would have, my son!" the wind god whis-
l)ered to him, "Ask her for that which is in tbe jars at tbe end of the
row," and be replied, " I will take some food from tbe black jar and
some from the white jar." She removed the stopples Ironi the jars.
From the black vessel she took nuts of tbe ])iiion and fruit of the yucca
and tiom tbe white vessel she took cherries and cactus fruit, all of which
he received in the folded corner of bis elk robe. He was just about to
partake of some of tbe nice fruit when again be heard the low voice of
the wind god. This time it said, "Eat not the food of the rats in the
home of tbe rats, if you would not become a rat; wait till you go out
to night." Much as he longed for the food, after hearing this, be tasted
it not, but held it in the fold of the elk skin. Late in the day they were
all astonished by hearing a loud rattling noise at the mouth of tbe cave,
and, looking in that direction, saw the end of a big stick, which was
thrust viciously from time to time into the opening and poked around
in different directions ; but it was not long enough to reach to tbe place
where they sat. "What is thatf " said tbe woman. "Oh," answered tbe
Navajo, " that is the Ute, who bave trailed me to this hole and hope
to kill me by poking that stick in here." The old rat watched from a
secret place outside all tbe actions of the Ute, and when be came home
at night he asked his family if the stick had hurt any of them. " We
saw only the end of it," they replied. He then turned to tbe Navajo
and said, " Your pursuers bave disappeared ; you may go out without
fear."
37. He trudged wearily on all night, and at dawn he was beside the
high volcanic rocks at ^otsosi, another place where his captors had
halted with him. There is one place where the rocky wall is quite
smooth. As be was passing this place he heard a voice saying, "Sh!"
He looked all around him, but saw nothing that could have made tbe
sound. He was about to pass on when he again heard the voice, and,
5 ETH 20
402 THE MOUNTAIN CHANT.
lookiug around, be again saw uo ouc. The fourth time that tliis hap-
pened, however, be observed iu the smooth part of the rock a door
stauding open and a little animal called Kleyatciul looking out at him.
As be stood gazing at the sharp nose and the bright eyes the distant
voices of his pursuers sounded again in bis ears and ibe little animal
bade bini cuter and bide himself. As the Navajo entered the Kleyatcini
passed out and closed the door behind bim. The fugitive was not long
in his place of concealment when tiie clamor made by the foiled pur-
suers was again beard, but it ceased sooner than usual. It was not yet
snuset when the little animal returned to announce that the Ute had
gone from the neighborhood. When the Nav;ijo stepped out of the hole
iu the rock, Kleyatcini i)ointed out to bim the mountains in which his
home lay and counseled him to travel directly towards them.
.38. rie pursued his way in the direction indicated to him all night,
and at break of day be found himself walking between a pair of low
bills of clay which stood close together, and once more he beard behind
bim the voices of bis enemies and the trampling of their horses. But
now bis good friend Qastceel§i appeared to bim and said to him: "My
grandciiild, arc you still here? Have you come only thus far?" '•! am
here," cried the Navajo, "and oh, my grandfather, I could do no better,
Look at my limbs! See bow sore and swollen they are ! I am exhausted
and feel that I cannot flee much farther before my enemies." "Go,
then," said Qastcfeel^i, " to that bill which is the farther from us and
climb to the top of it ; but, when you are taking the very last step which
will i)lace you on the summit, shut your eyes as you make that step."
The Navajo hastened to the hill, and, weary as he was, he soou
ascended it. As he lifted his foot to take the last step he closed his
eyes, as the yay bad bidden him. When he felt his foot again on the
earth be opened bis eyes, and lo ! instead of having a little hill uuder
his feet, he stood on the summit of a great mountain peak, seamed with
deep canons, bordered with rugged rocks, and clothed with great for-
ests of pine and spruce; while far away on the plain at the foot of the
mountaiu — so far that be could scarcely discern them — were bis baffled
pursuers, and beside bim stood Qastcfeelji. The latter pointed out to
bim numy familiar places in the distance — the valley of the Sau Juan
and Dsilyi'-qojoni (Beautiful in the Mountains), where he and his peo-
ple first lived. He rested securely on the mountain top all day.
39. At sunset be went on his way again. When daylight began to
appear he crossed the San Juan. Soon after, while journeying on over
an open plain, he once more beard the Ute on bis trail. He now felt
very sad and hopeless, for his limbs were so stift' and swollen that
every motion gave bim pain and he could hardly drag himself along.
But at this moment be became conscious that he was not alone, and
glancing to one side he saw Niltci, the wind god, walking with him.
And Niltci brought a great dark whirlwind, which roared a moment be-
side them and then buried its j)oint iu the ground and dug a deeji bole
MATTHEWS.) MYTH I THE DISCOMFITURE OF HIS PURSUERS. 403
there; it dug a cavern with four chaI^bert^. Thcu ilark clouds gathered
and rain began to fall. "Dave you aujihing with jou that may help
you?" asked the god. "1 have nothing," said the Navajo, "but four
sprays of spruce, which the Yaybichy bade me pluck fiom the tree on
which T descended into the canon the night I loft the Ute camp."
"They will do," said the wind god. "Make quickly four balls of mud
and thrust through each ball a twig of the S[)ruce, and lay them on the
ground so that the tops of the twigs will point towards your enemies.''
The Navajo did as he was commanded. Then Niltci blew the twigs and
mud balls in the direction of the pursuers and told the Navajo to de-
scend into the retreat which the whirlwind had formed. He went down
and rested secure, while he heard overhead great peals of thunder, the
loud rushing of the tempest, and the heavy pattering of enormous hail-
stones, to bring which the mud balls had been made. The noises of the
storm died away, and about midday Niltci came into the cave and said
to the man : "Come forth; your enemies have been dispersed. Many
have been killed by the hail, and the rest have gone towards their
homes." Thcu the Navajo came up out of the ground and set out in the
direction of his old home at Dsilyi'-r|ojbni.
40. It was about sunset when he reached the top of the mountain.
The snow began to fall heavily and a strong wind began to blow. He
walked on to the western brow of the mountain, where there was a great
precipice. Here the storm blew with such violence that he could scarcely
stand, and yet the precipice was so steep that he did not see how he
could get down. But soon, as on a former occasion of this kind, he
discovered a spruce tree which grew against the side of the preci[)ice,
and at the same time Qastc^elgi appeared to him again and directed
him to go down on the spruce tree. He did so, and when he reached
the bottom he found the yay there awaiting him. He addressed
Qastceel^i : " Oh, my grandfather, I am tired and sore and sleepy. I
would like to lie down under this tree and sleep." But the god answered,.
" Go, my grandchild, to yonder tire and rest," and he pointed to a distant
gleam on the side of a mountain which lay beyond a very deep valley.
" No, my grandfather," cried the Navajo, " I am weary and my limbs are
sore and weak ; I can not travel so far." " I will help you," said the
yay, and as he spoke he spanned the valley with a flash of lightning,
over which he led the man to the distant mountain. They reached it
at a ijoint close to the fire ; but the moment they stood again on the firm
earth Qastceelgi and the fire vanished. The man was bewildered and
at a loss what to do. He walked around the mountain a short distance
and then changed bis mind and walked back to the place from which,
he started. Here he found Qaslceelcji awaiting him. The yay si)oke
not a word, but pointed down into the valley and led the way thither.
At the bottom of the valley they came to a great hole in the grouud ;
the yay pointed in and agaii. led the way. As they advanced into the
cave the air grew warmer. In a little while they discovered a bright
404 THE MOUXTAIN CHANT.
fire ou which there was uo wood. Four pebbles hxj' ou the grouiul to-
gether: a black pebble iu the east, a blue oue iu the south, a yellow
one ill the west, and a white one in the north; from these the tiames
issued forth. Around the fire lay four bears, colored and placed to cor-
respond with the jiebbles. When the str.mgers approached the fire
the boars asked them for tobacco, and when the former replied that
they had none the bears became angry and thrice more demanded it.
When the Navajo fled from the Ute camp he had helped himself from
oue of the four bags which the council was using and had taken a
pipe, and these he had tied up in his skin robe; so when the fourth
demand was made he filled the pipe and lighted it at the fire. He
handed the pipe to the black bear, who, taking but one whitf, i)assed it
to the blue bear and immediately fell senseless. The blue bear took
two whiffs and passed the pipe, when he too fell over in a state of un-
consciousness. The yellow bear succumbed after the third whiff', and
the white bear, in the north, after the fourth whiff'. Kow the Navajo
knocked the ashes and tobacco out of his pipe and rubbed the latter on
the feet, legs, abdomen, chest, shoulders, forehead, and mouth of each
of the bears iu turn, and they were at once resuscitated. He replaced
the pipe in the corner of his robe. When the bears recovered tliey
assigned to the Navajo a place ou the east side of the fire where he
might lie all night, and they brought out their stores of corn meal and
tciltcin and other berries and ofl'ered them to him to eat; but Qastceel^i
warned him not to touch the food and again disappeared. So, hungry
as he was, the Indian lay down snpperless to sleep. When he woke
in the morning the bears again off'ered food, which he again declined,
saying he was not hungry. Then they showed him how to make the
bear kethawns, or sticks to be sacrificed to the bear gods, and they
drew from oue corner of the cave a great sheet of cloud, which thej'
unrolled, and ou it were painted the forms of the yays of the cultivated
plants. As he departed the bears said, "There are others iu these
parts who have secrets to tell you. Tonder is Tsen:'istci, where man\
dwell." So he set forth for Tsenastci (Circle of Ked Stones.)
41. As he passed down the valley he heard a loud rushing noise be
hind him, and looking around he beheld a tornado, The air was filled
with logs and uprooted trees, borne along by the great storm. It came
nearer and seemed to be advancing to destroy him.. He was terrified
and cried out to the storm: "Ciy^i'cce, Dsilyi' Neyani. Qa'ila^i?" ("'Tis
I, Keared Within the Mountains. Who art thou?") The tempest recog-
nized him and subsided, and in its place appeared four men in the shape
of the gUVi or weasel. The four weasel men showed him how to make
the gloi-bikecan, or sacrificial sticks of the gloi. What name the Nav-
ajo bore before this time the ancient tale does not tell us; but from
the moment he said these words he was called among the gods Dsilyi'
Neyani, and was afterwards known by this name among his people.
MATTHEWS] MYTH : THE NAME OF THE PKOPHET. 405
4,2. After this adventure be contiuued ou bis way to Tsenastei. He
bad uot journeyed far wlien be met tbe wind god, wbo said to biiu:
" Tbosc wbom you will meet at TsejiAstci are evil ones ; therefore I will
be with you and will walk before you." When they came to Tseuastci
tbey found a hole in the rocks guarded by two great rattlesnakes, one
on each side, aud covered by two piQon trees, for a door. When the
travelers drew near, the serpents showed signs of great anger, aud when
the former approached the door the reptiles shook their rattles vio-
lently, thrust out their tongues, and struck at the intruders as though
tbey would bite them ; but tbey did uot bite. Niltci thrust aside
the piuou trees; be and bis coiupanious entered, and, when tbej" bad
passed within, the pinon trees, moving of their own accord, closed the
entrance behind them. Within tbey eucountered a bald beaded old man
who had only a little tnft of bair over each ear. This was Klictso, the
Great Serpent. He asked Kiltci wbo bis human companion was, aud
the wind god answered that be was a Navajo who bad been ca])tured
by the Ute, but had escaped from them and had suffered many bard-
ships. On bearing this Klictso showed the Indian how to make the
kethawns, now known to the Navajo shamans as klictso-bike^an, or sac-
rificial sticks of the Gi'eat Serpent, and be told him bow to plant these
sacrifices.
43. From the home of Klictso they went to a place called Tse'binayol
(Wind Circles Aiouud a Kock). When they drew near the place tbey
. heard loud peals of thunder and the lightning struck close to them iu
four different places. They were now approaching the home of the
lightning gods; this is why destruction by the thunderbolt seemed to
tlireaten them. Then the Navajo spoke to the lightning, as be bad for-
merly spoken to the whirlwind, sayinjr, " 'Tis I,Eeared Within the Mount-
ains. Wbo art thou?" whereat the thunder and the lightning ceased,
and the travelers walked ou until they entered a house of black clouds,
inside of a mountain, which was the house of I'lfni', the Lightning. He
was bald, like the Great Serpent, having ouly a little tuft of hair over
each ear. At each of the four sides of the room where I'f'u'i' sat was a
lightning bird; that in the east was black, that in the south was blue,
that in the west, yellow, aud that iu the north, white. From time to
time the birds flashed lightning from their claws to the center of the
room where the god sat, aud the lightning was of the same color as the
bird that emitted it. When the travelers entered I'(j'ui' said to Niltci,
"Who is this that you have brought with you ?" The latter answered,
"It is a Navajo who has been a captive with the Ute and has escaped.
He has suffered much. See how his knees and ankles are swollen."
Then the Lightning showed him two kethawns, such as theshamansnow
sacrifice under the name of i'fni'-bikefan, or sacrificial sticks of the
lightning, aud, having instructed him how to make aud to plant these,
he bade his visitors depart.
406 THE MOUNTAIN CHANT.
44. Tbc next place they readied ou tbeir journey was Sai b.'^itsbzi
(Narrow Saud Hills). Tliey entered the bill and came to tbe bouse of
Kafliigi, tbe Butterfly, a dwelling filled witb butterflies and rain-
bows. Tbey found KaAliigi and bis wife sitting tbere, and also Atsos-
bebagani (Ilouse of Featbers), wbo wore black leggins. Ilere Niltci
disappeared and tbe woman bad to put ber questions to the Navajo.
Sbe inquired, as the otbers bad done, who bo was, and be briefly told
ber bis story. Sbe arose, went out, and presently returned witb a large
basin made of a beautiful wbito sbell ; this was filled witb water and
soap root. Sbe laid it before tbe ISTavajo, saying, " You are about to
visit some fair and beautiful people, and it is proper tbat you sbould
bathe your body and wasb your hair well." When be bad finisbed bis
batb be of tbe bouse of featbers took fine corn meal and ajiplied it to
tbe feet, tbe knees, the abdomen, and tbe other parts of tbe body which
are usually touched in healing ceremonies. Then, under tbe directions
of Atsosbebagini, the Navajo rubbed bis whole body witb meal to dry
himself and painted his face white with glee (white earth). House of
Featbers next brought in small bundles of tbe following plants: toil-
^•elgisi [Gutlerrezia eutliamia), yoikal {Arfcnicsia trifida), tseji, and
tlo'nas(;iisi (Bouteloua hirsuta), burned them to charcoal, and directed
tbe Indian to blacken bis legs and forearms with this substaiice. When
this was done be put spots of white on tbe black, and, in short, painted
him as tbe akauiuili, or courier (Fig. 52) sent out to summon guests to
tbe dance, is painted to this day in the ceremonies of the dsilyidje
qa(;al. When tbe painting was done Kaflugi Es^aya (Butterfly Woman)
took bold of bis hair and pulled it downward and stretched it until it
grew in profusion down to bis ankles. Then she pressed and worked
his body and face all over until she molded him into a youth of the most
beautiful form and feature. Tbey gave him fine white moccasins and
a collar of beaver skin witb a whistle attached to it; they put the ka-
basQan, or plumed sticks to represent wings, on his arms, and altogether
dressed and adorned him as the akininili is dressed and adorned. The
woman gave him white corn meal mixed witb water to eat, and he slept
all night in the Louse of the butterflies. In the morning tbe woman (or
goddess, as we might better call her) laid two streaks of white lightning
on the ground and bade him stand on them witb one foot on each
streak. " jSTow," sbe said, " tbe white lightning is yours ; use i t bow and
when you will." Then she told him to go to the top of the bill in which
tbeir bouse lay. When be ascended he found another house on the top,
and in it he again met Kaflugi and bis wife, wbo awaited him tbere.
He observed a streak of white lightning that spanned a broad valley,
stretching Trom the hill on which be stood to a distant wooded mount-
ain. '• There," said Ka('lugi Est^aya, pointing to the lightning, " is the
trail you must follow. It leads to yonder mountain, which is named
Bistcagi."
MATTHEWS.] MYTH : HIS ADVE.NTURi:S AMONG THE GODS. 407
45. He followed tlie lightning trail aud soon arrived at the house of
Ests^u^igini (Holy Woman). The house was inside of a black mount-
ain; but the lightning ended not until it went quite into the dwelling;
so he had only to follow it to find his way in. The door was of trees.
Within, ou the east wall hung the suu and on the west wall hung the
moon. Here he was shown the kethawn whieh is called Estsan figini-
bikecan, or the sacrificial stick of the holy woman, and was told how to
make it and bow to bury it. As he was about to depart from this
place two of the wind gods and the butterdy god appeared to him,
and the whole party of four set out for Tcuckai (Ohusca ivnoll of our
geographers).
46. At this place they entered a house which was inside of the mount-
ain. It was two stories high; it had four rooms ou the first story and
four on the secoud. It had four doorways, which were covered with
trees for doors; in the east was a black spruce tree, iu the south a blue
spruce tree, in the west a yellow spruce tree, and in the north a white
shining spruce tree. Here dwelt four of the Tcike cac-natlehi (^raiden
that Becomes a Bear). Their faces were white ; their legs and forearms
were covered with shaggy hair; their hands were like those of human
beings ; but their teeth were lo!ig and pointed. The first. Tcike-cac-uat-
lehi, it is said, had twelve brothers. She learned the art of converting
herself into a bear from the coyote. She was a great warrior and in-
vulnerable. When she went to war she took out and hid her vital
organs, so that no one could kill her; when the battle was over she put
them back iu their places again. The maidens showed him how to make
four kethawns and told iiim how to bury them in order to properly
sacrifice them.
47. Prom Tcuckai they went to ^ina-qo(f'ezgbc (Valley Surrounded ou
All Sides by Hills), near (^lepen-tsa, where they found the house of the
Tsilke-^Jgini (Holy Young Men), of whom, there were four. There were,
iu the dwelling, four rooms, which had not smooth walls, but looked like
rooms in a cavern ; yet the house was made of water. A number of
plumed arrows (katso-yis^an) were hanging on the walls, and each
young man (standing one in the east, one iu the south, ouein the west,
and one in the north) held such an arrow in his extended right hand.
No kethawn was given him; but he was bidden to observe well how
the holy young warriors stood, that he might imitate them in the rites
he should establish amongst men.
48. The next place they visited was Tse'ga-iskagi (Rock that Bends
Back), where they entered a house, striped within horizontally of many
colors, aud found eight more of the Tsillie f ig'iui (Holy Young Men).
Two stood at each cardinal point aud each one grasped a sapling
which he held over his upturned mouth, as if about to swallow it. One
of the young men addi-essed him, saying " Uo thus. There are eight
of us here; but when you do this in the dance that you will teach your
people you need not have eight young men — six will be enough."
408 THE MOUNTAIN CHANT.
49. From heie they weut to Tcetcel-hyitso (Big Oaks), to visit the
Home of (/!igiii-yosiui (yosiui is a species of squirrel). It was built of
black water-slime ((jrac^lic) and the door was of red sunbeams. Ou the
east wall huug a big black log; on the south wall, a blue log; on the
west wall, a yellow log; and on the north wall, a white log; in which
logs the squirrels dwelt. Although they were squirrels, they were
young men and young women, and looked very much like one another.
All had red and black stripes ou their backs. Tiiese taught him how
to make and bury the kethawns sacred to themselves.
50. Dsilninela' (Last Mountain) is a conical, sharp pointed eminence,
shaped like a Navajo bog4n or lodge. It is black and has white streaks
running down its sides. This was the next place they visited. Within
the mountain was a house, whose door was of darkness and was guarded
by Tciipaui (the Bat) and an animal called Qantso (of crepuscular or
nocturnal habits). Here dwelt many young men and young women who
were skunks (goliji), and they taught the Kavajo wanderer how to make
and liow to bury the kethawns which are sacred to the skunk.
51. The next place to which they went was Dsil nikicfi agi (Moantaia
Comes Down Steep), and here they found the ])lace wliere Glo'dsilkai
(Abert's squirrel, Sciuni.s aherti) and Glo'dsiljini dwelt. When the four
entered, the squirrels said to them: '-What do you want here? Yon
are always visiting where you are not welcome." The gods reiilied:
"Be not angry with us. This is a Xavajo who was a captive among
the Ute, but he has escaped and has suffered much. I'lJ-ni' (the Light-
ning) has bidden us to take him to the homes of all the (f'lgini (holy
ones, supernatural beings); therefore we have brought him here." "It
is well," said the squirrels; "but he is hungry and must have some
food." They brought him pinon nuts, pine nuts, spruce nuts, and serv-
ice berries ; but the gods told him not to partake of the nuts or he
would be changed into a squirrel, to eat only of the service berries.
When he had finished his meal, the squirrels showed him how to make
two kethawns and how to bury them.
52. Now Niltci whispered : "Let us go to Dsilya 1910" (Four Door-
ways Under a Mountain), where dwells ^"asani (the Porcupine). Ilis
house was in a black mountain. At the eastern doorway there was a
black spruce tree for a door. On the other sides there were no doors ;
the entrances were open. They found here four porcupine gods, two
male and two female. They were colored according to the four car-
dinal hues. The black one stood in the east, the blue one in the south,
the yellow one in the west, and the white one in the north. They in-
structed him concerning the kethawns of the porcupines, and they
offered him food, which consisted of the inner bark of different kinds of
trees. But again, prompted by Niltci, he refused the food, saying that
he was not able to eat food of that kind. " It is well," said the ]>orcU'
pines, " and now you may leax e us."
MATTHEWS.] MYTH l THE MYSTERIES THE GODS TEACH HIM. ^ 409
53. "Off iu this diiectiou," whispered Xiltci, poiutiug to the north-
east, •' is a place called Qofestso (Where Yellow Streak Enus Down). Let
us go thither." Here they entered a house of one room, made of black
water. The door was of wind. It was the home of Tcal-ninez (Long
Frog), of Qoklic (Water Snake), of Klicka (Arrow Snake), and of other
serpents and animals of the water. It was called Ahyerjoi/'egi' (They
Cauie Together), because here the prophet of the dsil^s iilje qayal visited
the home of the snakes and learned something of their mysteries. The
ceremonies sacred to these animals belong to another dance, that of
the qojoni qac;al (chant of terrestrial beauty); but in the mysteries
learned ia Ahyeqo^e§i' the two ceremonies are one. Here he was in-
structed how to make and to sacrifice four kethawns. To symbolize this
visit of Dsilyi' Neyiini and this union of the two ceremonies, the tirst
sand picture is made. (See Plate XV.)
54. The next place they visited was Agankike, where there was a house
built of the white rock crystal, with a door made of all sorts of plants.
It was called Tsegafiuirini-beliogan (House of Kock Crystal) and was
the homeofTcikfe-(figini (Supernatural Young Woman, or Young Woman
Goddess), who was the richest of all the (figini. In the middle of the
floor stood a large crystal in the shape of a kethawn. Just as they were
entering, Qastceel^i, who had disappeared from the Navajo's sight at
the house of the bears, here rejoined liiin, and the party now numbered
tive. The apartment, when they came into it, was very small, but Qas-
tceel§i blew on the walls, which extended thereat until the room was one
of great size. The goddess showed the Xavajo how to make two ke-
thawns and directed him how to dispose of them.
55. Thence they journeyed to Tsitse-iutyeli (Broad Cherry Trees),
where, iu a house of cherries with a door of lightning, there lived four
gods named Dsilyi' Xeyaui (Reared Within the JMountains). The Navajo
was surprised to find that not only had they the same name as he had, but
that they looked just like him and had clothes exactly the same as his.
His companions said to him : " These are the gods in whose beautiful
form the Butterfly goddess has molded you. These are the gods whose
name you bear." The hosts bade their visitors be seated, and they
ranged themselves around the lire, one at each of the cardinal iioiuts.
Each held an arrow made of the cliff rose (Coioania mexicana) in his
extended right hand. The head of the arrow was of stone, the fletchiug
of eagle feathers, and the '' breath feather" of the downy plume of tlie
Tsenahale (the Harpy of Navajo mythology). As they held the arrows
they ejaculated, " ai', ai', ai', ai'," as they who dance the katso-yisjan
do iu the ceremonies to this day, and after the fourth ai' each one swal-
lowed his arrow, head foremost, until the fletching touched his lips.
Then he withdrew the arrow and they said : "Thus do we wish the
Xavajo to do iu the dance which you will teach them; but they must
take good care not to break off the arrowheads when they swallow and
withdraw them." Such is the origin of the dance of the katsoyis9an,or
410 THE MOUNTAIN CHANT.
great idumed arrow. As they bade bitu good bye, one of tbeui said to
the Navajo : " We look for you," i. e., "We expect you to return to us,"
an intimation to Iiini that when he left the earth be should return to
the gods, to dwell among them forever.
56. From this place they journeyed on until they reached Afadsil
(Leaf Mountiiin), and found the house that was made of dew-drojjs
((^laeobehogan) and that had a door made of plants of many difiereiit
kinds. This was the home of the Bitses-nin^z (Long Bodies), who
were goddesses. When they rose, as the strangers entered, the plumes
on their heads seemed to touch the heavens, they were so very tall.
The goddesses said to Dsilyi'Ney.Ini, "We give you no ketbawu,but look
at us well and remember how we appear, for in your ceremonies you
must diaw our picture; yet draw us not, as we now stand, in the east,
the south, the west, and the north ; but draw us as if we all stood in the
east." This is the origin of the second picture that is painted on the sand.
(Plate XVL)
57. Leaving the House of Dew they proceeded to Qonakai (^Yllite
Water Running Across). This was a stream which ran down the side
of a bill and had its source in a great spring. Immediately above this
spring was the home of Qastceel^i. The latter, as they approached bis
home, stopped at the foot of the hill and four times ordered his com-
I)anions to go in advance ; but four times they refused. After the last
refusal Qastceelci clapped his hands, uttered his cry of " bu' hu'bu' hu' !"
and led the way. The bouse was of corn pollen; the door was of day-
light; the ceiling was supported by four white spruce trees ; rainbows ran
in every direction and made the house shine within with their bright
and beautiful colors. Neither kethawu nor ceremony was shown the
Navajo here; but he was allowed to tarry four nights and was fed with
an abundance of white corn meal and corn pollen.
58. Now Qastcei^lyi took him to a place called Lejpabi§o (Brown Earth
Water) and led him to the top of a high hill, from which they could see
in the far distance Gangico, where the prophet's family dwelt ; for they
had moved away from the valley in (^epentsa, where he left them. Then
the yay showed him the shortest road to take and bade him return
to his people.
59. When he got within sight of bis bouse bis people made him stop
and told him not to approach nearer until they bad summoned a Navajf^
shaman. When the latter, whose name was Eed Queue, came, cere-
monies were performed over the returned wanderer, and he was washed
from head to foot and dried with corn meal ; for thus do the Navajo
treat all who return to their homes from captivity with another tribe,
in order that all alien substances and influences may be removed from
them. When he bad been thus purified he entered the house and his
people embraced biui and wept over him. But to him the odors of the
lodge were now intolerable and he soon left the house and sat outside.
Seeing this, the shaman gave it as his opinion that the purification al-
MATTHEWS.)
MYTH: HIS RETURN TO HIS PEOPLE. 411
ready made was uot sufficient, aud tbat it would be well to bave a great
dance over biiii. lu tbose days tbe Navajo bad a bealiug dance iu
tbe dark corral; but it was imperfect, with few songs aud uo ketliawus
or sacrificial sticks. It was not until Dsilyi' Neyiini recounted liis reve-
lations tbat it became tbe great dance it now is among tbe Navajo.
(JO. It was agreed tbat before the dance began Dsilyi' Neydui should
be allowed lour days and four nights iu which to tell bis story and
tbat the medicine man should send out a number of young men to col-
lect the plants that were necessary for the coming ceremony. For
four nights and for four days he was busy in relating bis adventures
aud instructing his hearers in all the mysteries be bad learned iu the
homes of the (f'igini. Then they buiit the medicine lodge aud got all
things ready for the new rites aud for tbe purification of the one who bad
returned. Tbe shaman selected from among the plants brought bim by
the young men such as be thought would best cleanse his patient of
all the strange food be had taken among the alien Indians and in the
bouses of the supernatural ones wboui be had visited. On tbe first day
be gave him pine and spruce; on the second day, big and little willows;
on the third day, a plant called litci and the aromatic sumac; on the
fourth day, cedar and pifion. Of these the prophet drank cold and hot
infusions in the morning by the fire.
61. During these four days tbe ceremonies which Dsilyi' NeyAui had
introduced were in progress. On tbe fifth day it was proposed they
should send out the akaninili (meal sprinkler) or courier to invite their
neighbors to tbe great dance. There were two couriers to be sent: one
was to go to the north, to a place called gogojila' (Much Grease Wood),
to invite some friendly bands of Ute, some distant bauds of Navajo, and
some Jicarilla who dwelt there; tbe other was to go to the south, to
Tse'lakai-sila (Where Two WhiteEocks Lie), to ask the Southeru Apache,
the White Mountain Apache, the Cohonino, and a tribe called (|)ildjehe,
to attend. To the camp in tbe north it was a journey of two days aud
two nights, and it would take the fleetest runner the same time to return.
To the home of their neighbors iu the south it was as far. As these long
journeys must be made on foot and running, they could uot find a
siuo-le young man in tbe camp who would voluuteer for the task. The
men counseled about tbe difficulty all day aud tried much persuasion
on the youths, but none were found willing to make either journey.
62. As night approached au old womau entered tbe medicine lodge
and said : " I will send my grandsou as an aktiuiuili." This old woman's
lodge was uot far from where the medicine lodge was built aud all
present kuew her grandsou well. Whenever they visited her lodge be
was always lying ou tbe ground asleep; they never saw bim go abroad
to hunt and they all supposed him to be lazy and worthless; so when
she made her ofter they only looked at one another and laughed. She
waited awhile, and getting no response she again offered tbe services
of her grandson, only to provoke again laughter and significant looks.
412 THE MOUNTAIN CHANT.
A third and a fourth time she made her proposal, and then she said:
" Why do you not at least answer me ? I have said that I will let my
grandson take your messages to one of these camps and yon langli at
me and thank me not. Why is this ?" Hearing her words, the chief
medicine man, who came from a distant cam]) and did not know her,
asked the men who were present who the woman was and what sort of
a young man her grandson was ; but again the men laughed and did
not answer him either. He turned to the old woman and said : " Bring
hither your grandson, that I may see him." The woman answered: " It
is already late ; the night is falling and the way is long. It is of no use
for you to see him to-night; let us wait until the morning." " Very well,"
said the shaman; "bring him at dawn to-moirow." She left the lodge
promising to do as she was bidden ; and the moment she was gone the
long suppressed merriment of the men broke forth. They all huighed
inordinately, made many jokes about the lazy grandson, and told the
medicine man that there was no use in sending such a person with the
message when the best runners among them did not dare to undertake
the journey. " He is too weak and lazy to hunt," said they; " he lives
on seeds and never tastes flesh."
63. As soon as there was light enough in the morning to discern ob-
jects, a man who was looking ont of the door of the medicine lodge cried
out, ''He comes," and those inside laughed and waited. Presently Tla-
(|'eseini (such was the name of the old woman's grandson) eutered and
sat down near the fire. All looked at him in astonishment. When last
they saw him his hair was short and matted, as if it bad not been
combed or washed for three years, and his form was lean and bent. Xow
he appeared with thick glossy locks that fell below his knee; his limbs
were large and firm looking; he held his head erect and walked like a
youth of courage; and many said to one another, "This cannot be the
same man." In a little while another young man named Indsiskai
(Eadiating White Streaks), as fair and robust as the first, entered and sat
down by the fire on the side opposite to where TIafesi/mi sat. The white
earth and the charcoal for painting the akaninili were already pre-
pared ; so some of the young men in the lodge, when they beheld this
pair of fine couriers/ arose without a word of debate and began to paint
the latter and to adoru their persons for the journey. When the toilet
was done, the medicine man sent the couriers forth with many messages
and injunctions and told them to blow on their whistles four times be-
fore they got out of hearing of the lodge. Tla(fresgini went to the north
and IndsiskiVi to the south, and they walked so slowly that all the spec-
tators again laughed and made merry, and many said: "They will
never reach the camps whither we have sent them." They passed out
of sight just before the sun rose. Those who remained incampprepared
to amuse themselves. They cleared the ground for the game of na'joj,
and brought out their sticks and hoops. Some said: "We will have
plenty of time for play before the couriers return." Others said : "At
MATTHEWS]
MYTH: THE WONDERFUL COURIERS. 413
yonder tree we saw Tlufestiiii last. I suppose if we went there now
we would find bini asleep under it."
01. About the middle of the afternoon, while tbey were playing their
games, one looked to the north, and, at a distance, he saw one of the
messengers approaching them, and he cried out, " Here comes Tlafesf mi ;
he has wakened from his sleep and is coming back for something to
eat." A moment later IndsiskiVi was announced as approaching from
the south. They both reached the door of the medicine lodge at the
same time; but Tlafesgini entered first, banded bis bag to the medicine
man, and sat down in the same place where be sat when be entered
in the morning. Indsiskai followed and, handing his bag to the sha-
man, sat down opposite his companion. Now, many who were without
thronged into the lodge to enjoy the sport, and they laughed and whis-
pered among themselves; but the couriers were grave aud silent, and,
while the medicine man oi)ened the bags, they took oli' their ornaments
and washed the paint from their bodies. In the bag of Tla^esfini were
found four ears of lejyipej (corn baked in the husk underground). They
were still hot from the tire, and the slianian broke them into fragments
aud passed the pieces around. From the bag of Indsiskai two pieces of
uoya' (the bard sugar of the maguey), sucb as the Apache make, were
taken. When the young men had linished cleaning themselves, they
passed out in silence, without a glance for any one.
do. At nightfall they returned to the lodge, and entering, sat down
ill the west, one on each side of the medicine man, and Tla4'es(;ini ad
dressed biui, saying: "When we came to the lodge this afternoon, we
did not give you an account of our journeys because the people who are
with you are fools, who laughed when we came home from the long
journey which they feared to undertake ; but now we have come to tell
you our adventures. I," continued Tlacjiesfini, " went to the north. On
ni> way I met another messenger who was traveling from a distant
camp to this one to call you all to a dance in a circle of branches of a
different kind from ours. When he learned my errand be tried to prevail
on me to return hither and put oft" our dance till another day, so that we
might attend their ceremony and that they in turn might attend ours;
but I refused, saying our people were in haste to complete their dance.
Then we exchanged bows and quivers as a sign to our people that we
bad met and that what we would tell on our return was the truth.
You observe that the bow aud quiver I have now are not those with
which I left this morning. We parted, and I kept on my way towards
the north. It was yet early in the day when I reached (,U)gqjil;'i', where
the Jicarilla aud friendly Ute were encamped. There 1 sprinkled
meal on the medicine man and gave him my message. When I arrived
they were just opening a pit in which they bad roasted corn, and they
gave me the ears which I have brought borne. They promised to be
here in our camp at the end of the third day, which will be the night
of our dance."
414 THE MOUNTAIN CHANT.
GO. TVIiLMi Tla((es(;iiii hail doue .s]ieakiii<i-, Iiidsi.skai gave tlie following
account of liiiiisclf: "It was but a little wliile after sunrise wlien I
reached Tse'iakiVisilA and entered tliecanijis of the four tribes. In one
tbey were jnst taking some no^a' ont of a i)it, and they gave nie those
pieces which I bronght home. I entered the lodge of a medicine man ia
each tribe, scattered on him the sacred meal, and announced to hiin
when our dance would take place. They all promised to be here with
their people on the end of the third day, which will be on the night we
hold our ceremony."
G7. When the akaniuilis came to tell their adventures to the medi-
cine man, they were beautifully attired. They wore earrings and neck-
laces of turquoise, coral, and rare shells. They had on en)bioidered
blankets of a kind we see no longer, but the gods wore them in the an-
cient days. TLey rustled like dry leaves. The blanket of one was
black and that of the other was white. When they came out of the
medicine lodge they went around among the huts and inclusures of those
who were assembled, visiting the wives and the sweethearts of the silly
men who had laughed at them in the morning; and everywhere the
women smiled on the beautiful and well dressed youths. Tlie next
morning the men laughed and sneered at them no more, nor whispered
in their presence, but glanced at them with sulky or shamefaced looks.
During the day the akaniuilis took part in the game of na"joj with
those who once jeered at them, and won many articles of great value.
GS. On the afternoon of the third day following the one on which the
akaniuilis made their journeys, a great cloud of dust was observed on
the northern horizon and a similar cloud was seen in the sou(h. They
grew greater and came nearer, and then the invited Indians began to
arrive from both directions. They continued to come in groups until
nightfall, when a great multitude had assembled to witness the dance.
Alter the guests began to arrive the young men set to work to cut trees
for the corral, aiul when the sun had set the building of the dark circle
of branches began. While the young iiu'u were making the circle the
old men were making speeches to the multitude, for tlie old men always
love to talk when the young men are hard at work. It was the greatest
corral that has e\er been built in the Navajo country. It was as broad
as from Canon Bonito to "the Haystacks" (a distance of about six
miles), yet the visiting tribes were so numerous that they filled the circle
full. In the mean time the sounds of singing and of the drum were
heard all around, for many different parties of dancers, who were to take
part in the night's entertainment, were rehearsing.
C9. There was some delay after the inclosure was finished before the
first dancers made their appearance. A man entered the corral and
made a speech begging the atsalei, or first dancers, to hasten, as there
were so many parties from a distance who wished to perform during the
night. Soon after he had spoken, the two atsdlei who led in the dance
of the great plumed arrow entered, and after them came six more, and
MAiTHEHs.] MYTH : THE FIRST MOUNTAIN CHANT. -415
performed this healing dance over Dsilyi' NeyAui as it is performed to
this day. (See parasrajih 131.) When this was conchided varions groups
from among tlie strangers entered, one after anotlier, and conducted their
different alilis, or shows, which the Navajo then learned and have since
practiced when they sing their songs in the dark circle of branches.
70. When the dance began in the evening there was one of the invited
tribes which, it was noticed, had not arrived. This was the Beqai, or
Jiearilla. The Navajo asked the Ute where the missing ones were, and
the Ute answered tliat they had passed the Jiearilla on the way; that
the latter were coming, but had stopped to play a game of roulette, or
na^joj, and were thus delayed. Shortly before dawn the Jiearilla came
and entered the corral to exhibit their alili or show. It was a dance of
the ua"Joj, for the wands and implements of the dance were the sticks
and wheels used in playing that game.
71. Duriug the uight a chief of the Navajo, while walking through
the crowd, observed the grandmother of Tlaf es^iui .sitting on the ground.
He approached her and said : " Your grandson and his friend have done
a great deed for us ; they have made a long journey. Many doubted
whether they had really made it until we saw the multitude gathering
hi our camp from the north and from the south in obedience to their
summons. Now we know that they have spoken the truth. Tell me, I
beg you, how they did this wonderful thing." She answered: "They
are (j-igini. iMy grandson for many years has risen early every morn-
ing and run all around Tsotsil (Mount Taylor, or San Mateo) over and
over again before sunrise. This is why the people have never seen him
abroad during the day, but have seen him asleep in his liogan. Around
the base of Tsotsil are many tse'na'djihi (heaps of sacrificial stones).
These were all made by my grandson ; he drops a stone on one of these
piles every time he goes round the mountain."
72. When day began to dawn there were yet several parties who
came prepared to give exhibitions, but had not had a chance; still, at the
ai)proach of day the ceremonies had to cease. At this time, before the
visitors began to leave the corral, the Navajo chief who had spoken
with the grandmother arose and addressed the assembly. He told
them all he knew about the swift couriers and all the grandmother had
told him. He remarked that there were yet many who could not be-
lieve that the yourtg men had made the journey ; so, to satisfy all, he
proposed that within twelve days they should have a race between the
two fleet akauinili around the base of Tsotsil, if all would agree to re-
assemble to witness it, and he begged them to invite their neighbors of
the Pueblo and other tribes to come with them. Then other chiefs
arose to speak. In the end the proposition of the Navajo chief was
agreed to. All promised to return within eleven days and decided that
the race should take place on the morning following. Then they dis-
persed to their homes.
416 THE MOUNTAIN CHANT
73. Ou the afternoou of tbe eleveuth day, wlien they had reassembled
according to their luomises, the Navajo chief arose and addressed them,
He iuvited the chiefs of the other tribes to come forward and complete
the arraugements for the race. So the headmen all came together at
the place where the Navajo was speaking, and, alter some consultation,
they agreed that tbe race shonld be aronnd the peak of Tsotsil, but not
around the entire range of mountains. The Navajo separated them-
selves into one party and tbe alien tribes into another, the two parties
standing at a little distance from one another. The aliens were given
the tlrst choice, and they chose Indsiskai; therefore Tlafesgini fell to the
Navajo. Then the betting began. The stakes consisted of strings of
coral, turquoise, and shell beads, of vessels of shells as large as the
earthen basins of the Zuni, of beautifully tanned buckskins, of dresses
embroidered with colored porcupine quills, and of suits of armor made
of several layers of buckskin. The warriors in those days wore such
armor, but they wear it no longer. The beads and shells were laid in
one pile; the buckskins, the embroidered dresses, and the armor in
another ; and the piles were of vast size.
74. The homes of these young men were at Kag-sak^^ ts^'gqa (Lone
Juniper Standing Between Clift's), now Cobero Canon. There is seen
to day a rock shaped like a Navajo hogiin. It stands near the wagon
road and not for from the town of the Mexicans (Cobero). This rock
was once the hut where Tliufesc^-ini dwelt. Not far from it is another
rock of similar appearance, which once was the home of Indsiskai. For
this reason the runners were started at the Lone Juniper. They ran
towards the west and tive of the fleetest runners among the assembled
Indians set out at the same time to see how long they could keep up
with them. By the time these five men had reached the spur of the
mountain opposite Cosa^o (Hot Spring, Ojo de los Gallinos, San Ra-
fael), the two champions were out of sight. Then the tive turned back;
but before they could return to the Lone Juniper the runners had got
in and the race was decided. Tlafesfini bad won by about twice the
length of his own body, and all the wagered wealth of the other nations
passed into the hands of the Navajo.
75. When all was done the strangers were dissatisfied; they mourned
over their losses and talked about tbe whole affair among themselves
for a long time. Finally they decided to give the Navajo another
challenge if the latter would agree to a longer racecourse, which should
'uclude all the foothills of the San Mateo range. The Navajo accepted
the challenge and agreed to have the race at the end of another twelve
days. Early ou the eleventh day the strangers began to assemble
from all quarters; they continued to arrive all day, and when night
fell they were all in. Then the headmen addressed them, explaining
all the conditions of the challenge and describing carefully the race-
course decided on. The betting did not run as high this time as before,
MATfHEw, 1 MVTII : THE TRANSLATION OF THE PROPHET. 417
Tbe Xavajo bet ouly about ouebalf of what they wou on the foriuer
race. Agaiu they started the two runners, and in such time as you
couhl just mark that the sun had moved, they were back at the goal;
but this time Indsiskai, the champion of the alien races, wou by about
the same distance as he bad lost on the previous occasion.
76. Then the strangers were satisfied and said, "We will try no more.
Jlany of our goods are still with the Navajo; but we have done well
to rescue what we Lave." One of the wise men amongthem said, "Yes,
you have done well, for bad you lost the second race you would have lost
with it the rain and the sunshine and all that makes life glad." It is
because the Navajo won so much wealth on this occasion that they
have been richer than the neighboring races ever since.
77. The ceremony cured Dsilyi' Neyani of all his strange feelings
and notions. The lodge of his peo])le no longer smelled unpleasant to
him. But often be would say, " I know I cannot be with you always,
for the yays visit nie nightly in my sleep. In my dreams I am once more
among them, and they beg me to return to them."
78. From Lejpabiijo the family moved to DsiIdjoItcin<f'i (Mountain of
Hatred). Thence they went to Tsinbilabi (Woods on One Side), and from
there to Tse'yuoahia' (Standing Rock Above). In this place they en-
camped but one night, and next day they njoved to (^Jepii-aga^- (Sheep
Promontory), and went on to (|;epe f asif i (One Sheep Lying Down). Here
again they camped for the night. Next day they traveled by Tse'atcal-
(;ali (Rock Cracked in Two) to Tcoyajnaskic; (Hill Surrounded With
Young Spruce Trees), to Nigfkqokai (White Ground), and to Tse'yistcif
(Dipping Rocks, i. e., dip])ing strata), where they sto])ped to rest for the
night. Oil the following day they journeyed to (^osakazi (Cold Water),
in which place they encamped again.
79. When the morning came, Dsilyi' Neyani said to bis younger
brother, " Let us go out and try to shoot some deer, so that we may
make be(;a' (deer masks), such as we wore in (|)epentsa, where we killed
so many deer." The brothers departed on the hunt and came to a place
called Dsil-lijin (Black Mountains), and they sat down on the side of
the mountains looking towards Tsotsil. As they sat there Dsilyi' Ne-
yani said, " Younger brother, behold the figini!" (holy ones); but the
younger brother could see no one. Then bespoke again, "Farewell,
younger brother! From the holy i)laces the gods come for me. You
will never see me again ; but when the showers pass and the thunder
peals, ' There,' you will say, ' is the voice of my elder brother,' and
when the harvest comes, of the beautiful birds and grasshoppers you
will say 'There is the ordering of my elder brother.'"
80. As he said these words he vanished. The younger brother looked
all around, and seeing no one he started for bis home. When he re-
turned to bis people he told them of the departure of Dsilyi' Neyani,
and they mourned as for one dead.
5 ETH -27
418 THE MOUNTAIN CHANT.
THE CEREMONIES OF DSILYIDJE QACAL.
81. It Las been my lot to see i)ortioos of tbese eeremouies at various
times. The most complete view I had of them was diiriug a visit made
to a place called Niqotlizi (Hard Earth), some twenty miles northwest
from Fort Wiiigate, New Mexico, and just within the southern bouud-
ary of the Navajo Reservation. This was the only occasion when I
obtained full access to the medicine lodge on the later days of the cer-
emonies and had an opportunity of observing the wonderful jjictures
on sand which are illustrated in color in the accompanying phxtes.
82. Ou October 21, 1884, when I arrived at this place, the patient
for whose benefit the rites were celebrated and a few of her immediate
relations were the only people encamped here. They occupied a single
temporarj' shelter of brushwood, within a few paces of which I had a
rude shelter erected for my own accommodation. The patient was a
middleaged woman, who apparently sufleied fiom no ailment whatever;
she was stout, ruddy, cheerful, and did her full share of the household
work every day ; yet she was about to give away for these ceremonies
sheep, horses, and other goods to the value of perhaps two hundred
dollars. No ceremonies whatever were in progress when I came. Ev-
erything, so the Indians said, was waiting for the qa§ali. (Paragraph 2.)
Some men were engaged in building a corral for the sheep that were
to be slaughtered for the guests, and some old women were grinding
corn to feast the men who were to work in the medicine lodge, which
had been completed six days before.
83. This lodge was a simple conical structure of large, partly hewed
pinou logs, set on end and inclined at an angle of about forty-tive de-
grees, so as to join one another on top, where they formed the apex of
the lodge. The circle of logs was incomplete in the east, where the
openings for the door and the smoke hole were. A passage, or entry,
about five feet high and three feet wide, led from the body of the lodge
to the outer doorway, where some blankets hung as portieres. The
frame of logs was covered with sods and loose earth to keep out wind
and rain. Internally, the lodge was eight feet in height under the apex
of the cone and ou an average twenty-five feet in diameter at the base.
The diameter was increased at the east (to allow for the entry) and at
the north. The irregularity in the circumference in the north was at
3rst conjectured to be a mere accident ; but in the ceremonies of the
first night its use became apparent as afibrdiug a hiding place for the
man dressed in evergreens. (Paragraph 90.)
8i. The first four days' ceremonies in this case had been per-
formed during the previous year. Such a division of the work is some-
times made, if more convenient for the patient and his friends, but usu-
ally all is done in nine consecutive days. These first days have less of
interest than the others. Early each morning, before eating, all who
desire, men and women, enter the medicine lodge, where, in a stifling
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MATTHEWS.] CEREMONIES OF DSILYIDJE yACAL. 419
atniosplieie, seated around a fire of dry wood of four different kinds —
cedar, big' willow, little willow, and siiruce — they take the hot emetic
infusion of fifteen different kinds of plants mixed together. A little
sand is placed in front of each to receive the ejected material. After
the emetic has acted the tire is removed, deposited some paces to the
north of the lodge, and allowed to die out. Each devotee's pile of sand
is then removed (beginning with that of the man who sat in the east
and going round the circle) and deposited, one after another, in a line
north of the sacred fire. Each succeeding day's deposits are placed
farther and farther north in a continuons line. Next all return to the
lodge, which has been allowed to cool ; the shaman spits on each some
medicine which has been mixed with hoarfrost and is supposed to cool.
When all have left the lodge, a new tire of ordinary wood is kindled, and
the kethawns, or sacrificial sticks, aitpropriate to the day are made.
85. Fifth day. The chanter did not arrive until the afternoon of
October 23. His ceremonies in the medicine lodge began ou the morn-
ing of the 24th. The forenoon was devoted to the preparation and sac-
rifice of certain kethawns (keyan) — the sacrificial sticks, to the origin of
which so much of the foregoing myth is devoted — and of sacrificial ciga-
rettes. About eight o'clock the sick woman entered the medicine lodge,
followed by the chanter. While she sat ou the ground, with her limbs
extended, he applied some powdered substance from his medicine bag to
the soles of her feet, to her knees, breasts, shoulders, cheeks, and liead,
in the order named, and then threw some of it towards the heavens
through the smoke hole. Before applying it to the head he placed some
of it in her mouth to be swallowed. Then, kneeling on a sheep skin,
with her face to the east, and holding the bag of medicine in her hand,
she recited a prayer, bit by bit, after the chanter. The prayer being
finished, she arose, put some of the medicine into her mouth, some on
her head, and took her seat in the south, whde the shaman went ou
with the preparation of the sacrifices.
86. An assistant daubed a nice straight branch of cherry with some
moistened herbaceous powder, after which he divided the branch into
four pieces with a flint knife. Two of the pieces were each about two
inches long and two each about four inches long. In each of the shorter
ones be made one slight gash and in each of the longer ones two gashes.
The sticks were then painted, a shred of yucca leaf being used for the
brush, with rings of bhick, red, and white, disposed in a different order
ou each stick. The two cigarettes were made by filling sections of some
hollow stem with a mixture of some pulverized plants. Such cigarettes,
are intended, as the prayers indicate, to be smoked by the gods. (Para-
graph 88.)
87. While the assistants were painting the sticks and making the
cigarettes the old chanter placed on a sheep skin, spread on the floor
woolly side down, other things pertaining to the sacrifice: five bundles.
of assorted feathers, five small pieces of cotton sheeting to wrap the sacri-
420 THE MOUNTAIN CHANT.
fleets in, aud two rouud flat stones, each about four inches iu diameter.
The upper surfaces of these he painted, one blue and one black, aud lie
bordered each with a stripe of red. Wheu the kethawus aud cigarettes
were ready, the qa^ali distributed them along with the bunches of
plumes, ou tlie five pieces of cotton cloth, which were theu rolled up
around their couteuts, making five bundles of sacrifices. Ou the com-
pletion of this work there was prayer, song, and rattling; the medicinal
powder was applied to the body of the patient as before (paragraph
85); two of the little sacrificial bundles were placed in her right hand,
aud while she held them she again repeated a prayer, following again
phrase by phrase, or sentence by seuteuee, the words of the priest.
The latter, when the prayer was ended, took the sacrifices from her
hand and pressed them to different parts of her body iu the order pre-
viously observed, beginning with the soles of the feet aud going up-
wards to the head, but ou this occasion touching also the back, and
touching it last. Each time after pressing the sacrifices to her body he
held them up to the smoke hole and blew ou them in that direction a
quick puff, as if blowing away some evil intluencc which the sacrifices
were supposed to draw from her body. Then the three remaining bun-
dles were put in her hands and the rites observed with the former bun-
dles were repeated in every respect, including the prayer, which was
followed by singing and rattling. When the song had ceased some of
the assistants took the bundles of sacrifices out of the lodge, no doubt
to bury them according to the method proper for those particular
:kethawns. The round painted stones were also carried out.
88. The prayers which the woman repeated varied but little. They
all sounded nearly alike. The night the shaman arrived he rehearsed
some of these prayers with the woman, at her own hogan, to make her
familiar with them before she repeated them in the medicine lodge. The
prayer addressed to Dsilyi' Xeyani, wheu she held in her hand the
ofi'ering sacred to him, was as follows :
Reared Witliin the Mouutaius!
Lord of the Mountains!
Young Man !
Cbieftain!
I have made your sacrifice.
I have prepared a smoke for you.
My feet restore thou for uie.
My legs restore thou for me.
My body restore thou for me.
My mind restore thou for me.
My voice restore thou for me.
Restore all for me iu beaut.v.
Make beautiful all that is before me.
Make beautiful all that is behind me.
Make beautiful my words.
It is doue in beauty.
It is doue in beauty.
It is doue in beauty.
It is doue in beauty. (I'aragraphs 2f>l-4.)
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MATTHEWS.] CEREMONIES : PRAYER AND SACRIFICE. 421
89. The uext part of tbe ceremouies (or, sball I say, the treatmeut?)
was a fuiuigatiou. The inediciue mau took from the fire a large glow-
ing coal, placed it beside tbe woman, and scattered on it some powdered
substance which instantly gave forth a dense smoke and a strong fra-
grance that tilled the lodge. The woman held ber face over the coal
and inhaled the fumes with deep inspirations. When the smoke no
longer rose the coal was quenched with water and carried out of the
lodge by the chief, Manuelito, probably to be disposed of in some estab-
lished manner. Then tbe woman left the lodge and singing and rattling
were resumed.
90. While the rites just described were in progress some assistants
were busy with other matters. One made, from the spotted skin of a
fawn, two bags in which the akaninilis or couriers were to carry their
meal on the morrow's journey. Another brought in and hung over
the doorway a bundle of dry, withered jilauts which he had just gath-
ered. Glancing up at them I recognized the (iutierrezia and the Bou-
teloiia. The bundle may have contained the other plants mentioned in
tbe myth (paragraph 44). They were hung u]) there till the next day,
to be then used in a manner which will be described (paragrai^h 101).
91. The sheepskin on which the sacrifices had been placed was taken
away and a blanket was spread on tbe ground to receive some more
sacred articles from the bag of the chanter. These were live long
notched wands, some tail feathers of the wild turkey, some small downy
feathers of the eagle, and some native mineral pigments — yellow ocher,'
a ferruginous black, and a native blue. With the pigments the assist-
ants painted tbe notched wands; with the plumes the chanter trimmed
them. (See Fig. 51 and riate XI.) Then they were called fobolca, a
word of obscure etymology, or inifia', which signifies sticking up or
standing erect. They are called m this paper "plumed wands."'
92. While some were making tbe (;obol(j>iY others busied themselves
grinding, between stones, large quantities of pigments, coarser than
those referred to above, to be used in making tbe sand pictures or dry
paintings of the ceremony. Tbey made five colors: black, of charcoal;
white, of white sandstone; red, of red sandstone; yellow, of yellow
sandstone; and " blue," of the black and white, mixed in proper propor-
tions; of course this was a gray, but it was their only cheap substitute
for the cerulean tint, and, combined with tbe other colois on tbe sanded
floor, in the dim light of the lodge, it could not easily be distinguished
from a true bine. It may be remarked in passing that tbe Xavajo
apply to many things which are gray the term they use for blue (^olij);
thus the gray fox is called mai-^olij (blue coyote) and a gray sheep is
called a blue sheep. Yet that they make a distinction between these
colors is, I think, fairly evident from the fact that in painting small
articles, such as kethawns and masks, they use the more costly articles of
turquoise, malachite, and indigo. These coarse pigments for the dry
paintings were put for convenience on curved pieces of piiiou bark.
422
THE MOUNTAIN CHANT.
From time to time, during this autl the followlug daj's, as the heaps of
colored powder diminished under the hands of the artists, more stones
and charcoal were pulverized to i-eplenish them.
93. About noon they cleared off that portion of the floor of the lodge
which lay west of the fire, and brought, in blankets, a quantity of dry
sand, which they spread out orer the cleared portion of the floor in a
layer of the uearly constant depth of
three inches. They smoothed the sur-
face with the broad oaken battens used
iu weaving. Now for a time all opera-
tions were suspended in the lodge while
the chanter weut out to plant the §0-
bolya, or plumed wands, in front of the
medicine lodge, and to lay beside them
the collars of beaver skins and the sym-
bols for wings which the couriers were
to wear next day. (Fig. 51.) These ar-
ticles, it was said, were placed outside
as a sign to the gods that the holy pict-
ures were being drawn ; but it is not im-
probable that they were intended also as
a sign to uninitiated mortals. However
that may be, they were taken iu as soon
as the picture was finished. The great
painting was begun about 1 o'clock p.m.,
was finished about 3, and was allowed to remain until the ceremo-
nies at night were concluded. It will be described later. (Paragraphs
160 et seq.)
94. When the picture was completed food was brought in, and there
was a good deal of eating and sleeping and smoking done. Being in-
formed that nothing more would be done until after nightfall, I went
to my own shelter, to elaborate some of my more hasty sketches while
matters were still fresh in my mind. At 7 o'clock a messenger came to
tell me that ceremonies were about to be resumed. During my absence
the principal character in the night's performance — a man arrayed in
evergreens — had been dressed.
95. I found, on returning to the lodge, a number of spectators seated
around close to the edge of the apartment. The fire burned in the
center. The sick woman, with some companions, sat in the south.
Tlie ([acali, with a few assistants who joined him in singing and shaking
rattles, was seated at the north, at the place where the circumference
of the lodge was enlarged. (Paragraph 83.) There was a space about
two feet wide and six feet long between them and the wall, or roof if you
choose so to call it, of the lodge. I was assigned a place iu the west.
The sick woman was directed to move from the position she occupied
Fig. 51. The (jobol^a, or plumed wautls,
Its aeen from the door of the medicine
lodge.
MATTHEWS J CEREMONIES : PAINTING PICTURE. 423
in tbe south, and sit, with her face to the east, at the juuctiou of the
two white serpeuts that cross one another on the picture. (Plate XV.)
96. When she was seated the qagali began a song, accompanied by
the usual rattling and drumming. At a certain part of the song the
chanter was seen to make a slight signal with his drumstick, a rapid
stroke to the rear, when instantly a mass of animate evergreens — a
moving tree, it seemed — sprang out from tbe space behind the singers
and rushed towards the patient. A terrifying yell from the spectators
greeted the apparition, when the uiau in green, acting as if irightened
by the noise, retreated as quickly as he came, and iu a moment nothing
could be seen in the space behind the singers but the shifting shadows
cast by the fire. He was so thoroughly covei'ed with spruce twigs that
uothingof his form save his toes could be distinguished when he rushed
out iu the full glare of the fire. This scene was repeated three times, at
due intervals.
97. Some time after the third repetition, the chanter arose, without
interrupting his song, and proceeded to erase tbe picture with bis rat-
tle. He began with the mountain in the west (paragraph 102), which
be completely leveled; next iu order he erased the track of the bear;
next, the hole in the center; and then, one by one, the various other
figures, ending with the serpents on the outside. In erasing the ser-
peuts, be began with the tigures in the east and followed the apparent
course of tbe sun, ending with the figures in the north. When tbe pict-
ure was completely obliterated, the sand on which it had been drawn
was collected, put in a blanket, and carried out of doors, to be thrown
away.
98. Then the sick woman was lifted by two other women and laid on
her side where the picture had been, with her face to the east. While
she lay there, the medicine man, amid much singing, walked around
her, inscribed on the earth at her feet a straight line with his finger
and erased it with his foot, inscribed at ber head a cross and rubbed it
out in tbe same manner, ti'aced radiating lines in all directions from her
body and obliterated them, gave her a light massage, whistled over her
from head to foot and all around ber, and whistled towards tbe smoke
hole, as if whistling something away. These acts were performed in
the order in which they are recorded. His last operation on her was a
severe massage, in which he kneaded every part of her body forcibly
and pulled her joints bard, whereat she groaned and made demonstra-
tions of suffering. This concluded, she rose. A blanket was spread on
the ground on tbe north of tbe fire, near where the man iu evergreens
was concealed. At the last appearance of the man in evergreens tbe
woman fell back apparently paralyzed and suflering from ditlicultj- of
breathing, all of which was probably feigned, but was supposed to be
a sign that the right remedy or cereuiony for her ailment had been found
and that none other need be tried. The medicine man now proceeded
to restore ber to consciousness hy drawing zigzag lines from ber body
424
THE MOUNTAIN CHANT.
east aud west aud straight lines uortli and south, like their symbols
for the chain and sheet lightnings, bj' stepping over her in different
directions, and by rattling. When she had apparently recovered, he
pressed the plumed wands aud the symbols for wings to different parts
of her body, in the order aud with the ceremouies described when
referring to previous application made to her body.
9*J. There were no more ceremonies that night. I reraaiued iu the
medicine lodge until it was quite late. The men occupied their time in
singing, rattling, gambling, aud smoking. After a while some grew
weary and lay down to sleep. Being i'ei)eatedly assured that nothing-
more would happen uutil the whistle sounded in the morning, I left the
lodge to roll myself in my blankets. Yet frequently during the night,
fearing I might have been de-
ceived, I stealthily arose aud
visited the medicine lodge, only
to hud all slumbering soundly.
100. Sixth day. At five in
the morning (Saturday, Octo-
ber 25) the whistle sounded and
I hastened to the medicine
lodge. There was much to be
done ; the couriers were to be
dressed and sent on their way,
and a large picture was to be
painted ; so the work had to be-
gin early.
101. The first thing done was
to burn to charcoal the bundle
of plants which had been gath-
ered on the previous morning
and hung over the door of the
lodge inside. (Paragraph 90.)
The charcoal was used in paint-
ing the limbs of the akdninilis
or couriers. A basin of water
containing soap root or amolii
(the root of Yticca baccata and
other species of yucca) was
brought iu, aud after the medi-
cine man had dabbed them with
a little of the suds the akAninilis-
elect washed themselves with
it from head to foot, cleaning
their hair well. When the bath
Fig. 52. AkJuiuili ready for the journey.
was done,tLey were dabbed by the qagali with .some other mixture con-
tained in a waterproof wicker basin and were made to inhale the fra-
siATTHEws.l CEREMONIES : PREPARING COURIERS. 425
graut fumes of some vegetable powder scattered ou a live coal, ^^ bicL,
as nsual, was " put out," iu a double sense, when the fumigation was
over. Tbeu tlie young men were dressed and adorned to look like
Dsilyi' Neyani after his toilet iu the house of the butterflies. (Paragraph
a.) Their legs and forearms were paiuted black, to represent the storm
cloud. The outer aspects of these members were decorated with white
zigzag streaks, to indicate the white lightning. Tiieir faces were painted
partly white and small white spots were scattered over their bodies.
Downy eagle feathers were fastened to their hair ; necklaces of shell and
coral were hung around their necks, and over these were laid collars of
beaver skin, with whistles attached, which had lain m front of the lodge
the day before, near the ])lumed wands. (Paragraph 93, Fig. 51.) Small
objects to represent wings were tied to their arms. Each was given
one of the fawn skin bags (paragraph 90) with corn meal in it. In the
hand of the akaninili who was to go to the south was placed one of the
5obol(^a, or plumed wands, whose stem was painted black, the color of
the north, as a sign to all he might meet that he was a duly authorized
messenger from a medicine lodge in the north. In the hand of the
other akAninili was iilaced a blue shafted wand, to show that he came
from the south. Thus equipped they were all ready for the journey.
(Fig. 52.)
102. The chanter gave them his messages, telling them where to go,
what places they were to visit, what other chanters they were to see,
what dancers they were to invite, and what gifts they were authorized
to offer to the visiting performers for their trouble. Having given
these special instructions, he closed with the geueral instructions, which
are always given to the akaninili, as follows:
These [pointing to the eagle feathers ou tlio heiul] n ill make for yon a means of ris-
ing as you progress.
These [pointing to the wing symbols on the arm] will bear you onward.
This [pointing to the collar of beaver skin] will be a means of recognition for yon.
For this reason it hangs around your neck.
Sprinkle meal across a little valley, across a big arroyo.
Across the roots of a tree sprinkle meal and then yon may step over.
Sprinkle meal across a flat rock.
Then the plumed wand. For this purpose you carry it, lliat they will recognize
you as coming from a holy place.
103. The akAuinili on his journey scatters meal before him as directed
iu these charges. He also scatters it on the medicine men wliom he
visits, and for this reason he is called akaninili, which signifies meal
sprinkler.
101. When the last word of the instructions was uttered, the couriers
departed, one to the north and one to the south. It was not later than
7 o'clock when they left. As soon as they were gone, the work of paint-
ing the picture appropriate to the day was begun. It was much more
elaborate than the painting of the previous day. Although a dozen
men worked on it, it was not finished until two o'clock. About the time
426 THE MOUNTAIN CHANT.
it was (lone, the akiiuiuili from tbe south returned. He was carefully
divested of all his ornaments. The white paint was scraped carefully
from his body and preserved iu the medicine bags of those who scraped
it off. Then he was led out of the lodge.
105. When the picture was finished, the shaman, having applied pol-
len in three places to each god, stuck around it in the ground, at regular
intervals, the three plumed wands which had stood before the door of
the lodge all day and the wand which the akaninili from the south had
just brought back with him. This wand he placed at the south of the
picture, and laid beside it the collar, wiugs, and plumes which tbe akii-
ninili liad worn. The fifth, or north, wand was still absent with the
courier who went to the north.
106. AU was ready now for the treatment of the sick woman. She
was sent for, and a crier went to the door of the lodge to announce
that song and ceremony were to begin. Accompanied by another
woman, she entered, carrying a basket with corn meal in it. This she
sprinkled lightly over the picture and then handed it to some of the
assistants, who finished the work she had begun by strewing tbe meal
plentifully on tbe figures. She sat on the form of the god in the east,
facing the door, with her feet extended, and her companion sat on the
figure of the cornstalk in tbe southeast. (Plate XVI.) In the mean
time tlie medicine man had made a cold infusion in an earthen bowl and
placed it on the hands of tbe rainbow figure (paragrajyh 1G9), laying over
it a brush or sprinkler made of feathers, with a handle of colored yarn.
When the women were seated, the chanter dipped his brush in tbe solu-
tion; sprinkled the picture plentifully; touched each divine figure with
the moistened brush in three places — brow, mouth, and chest; admin-
istered tbe infusion to the women, in two alternate drauglits to each;
drained the bowl himself; and handed it to the bystanders, that tbey
might finish tbe dregs and let none of the precious stuff go to waste.
Next came the fumigation. The woman whom we have desiguated as the
companion rose from her seat on the picture and sat on the ground be-
side tbe door. The principal patient retained her seat on the eastern
god. Near each a live coal was laid on the ground. On the coal a
strong .scented but rather fragrant mixture was thrown, and as the
fumes arose the women waved them towards their faces and breathed
them in as before. The coal was extingui.sbed and carefully removed,
as on previous occasions. The application of the sacred dust to tbe
body of tlie patient followed. The shaman moistened his hands with
saliva and pressed them to the feet of all the gods. Some of the pow-
der, of course, stuck to his palms. This he applied to the feet of tbe
patient. Thus he took dust from the knees, abdomens, chests, shoul-
ders, and heads of the figures and applied it to corresponding parts of
tbe patient's form, making a strong massage with each application.
107. When tbe i)atient had departed many of the spectators advanced
to the picture and gathered thecorn noUeu (paragraphs 105 and 112), now
MATTHEWS] CEREMONIE.S : TREATMENT OF THE PATIENT. 427
reuilered doubly sacred, and put it in their medicine bags. Some took
portions of the remaining dust from the figures, after the manner of
the shaman, and applied it to ailing portions of their persons. If the
devotee had disease in his legs, he took dust from the legs of the fig-
ures; if in his head, the dust was taken from the heads of the figures,
and so on.
lOS. By the time they were all done the picture was badly marred;
yet its general form and some of the details were quite distinguishable.
Then it became the province of the chanter to completely obliterate it.
He began with the white god in the east and took in turn the figures
in the southeast (corn), south, southwest, west, center, northwest, north,
and northeast. Next, the figure of the rainbow was erased from foot
to liead, and, on his way, the chanter knocked down, with rather vicious
blows, the plumed wands which stood up around the picture. When
he came to the round figure in the center he dug up a cup which had
been buried there. He erased tlie picture with a long slender wand
and sang in the mean time, to the accompaniment of the rattling of his
assistants, a plaintive chant in a minor key, which was perhaps the
most melodious Indian song I ever heard. All was over at half past
2 in the afternoon.
109. Later in the day it was announced that the other akaninili was
approaching from the north. He could then be observed about a mile
away in an open plain. As he advanced the sound of his whistle was
heard. At exactly half past 4 he entered the medicine lodge, where
the chanter motioned him to a seat in the south. Singing and rattliug
were at once begun and the akaninili was divested of his trappings in the
following order: head plumes, beaver collar, necklace, right wing, left
wing, belt, sash, moccasins. The white paint was removed and pre-
served as on the former occasion. He was led out of the lodge, where
he was well washed from head to foot in a hot decoction of the deter-
gent amole and dried with corn meal. Two large blood blisters were
to be seen on the inner aspects of his thighs, brought on by the friction
of his breechcloth in running. He said that he had run constantly
when not in sight from our camp, had traveled a long way since morn-
ing, and was very tired. It seems to be the custom with the akaninilis
to walk slowly when near camp and to run when out of sight, probably
to follow the mythic examples of Tlai^es^iui and Indsiskai. (Paragraph
63.)
110. With the toilet of the akaninili the ceremonies of the day ended.
He returned to the lodge to relate his adventures and get some food.
During the day visitors arrived occasionally from distant camps. In
the afternoon there were several young men present, who busied them-
selves in grubbing and clearing the ground where the corral was to be
built and the great dance of the last night was to be held. I re-
mained in the lodge until it was quite late, and I frequently rose during
the night to see if anything was going on; but the night passed with-
out event, like the previous one.
428 THE MOUNTAIN CHANT.
111. Seventh day. Tlie paiutiug of the picture ami the treatment
of the sick woman were the only works performed ou this day (Sun-
day, October L'G). The whistle sounded from the lodge at G a. m.,
but already the plumed wands and the beaver collars had been i)laced
before the door of the medicine lodge and the sand for the groundwork
of the picture had been brought in. As the picture (Plate XVII) was to
be larger than those which preceded it, the tire was moved quite near
to the door; the heated earth which lay under the fire in its former
position was dug up and replaced with cold earth, probably for the
comfort of the artists.
112. The work of the painters was begun soon after 0 a. m. and was
not completed until about 2 p. m. About a dozen men were engaged
on it, aud it occupied them, as we have seen, about eight hours. As
usual, the qayaii did very little of the manual labor; bnt he constantly
watched the work and frequently criticised and corrected it. When the
painting was done, it became his duty to apply the sacred corn pollen
to the brow, mouth, and chest of each of the gods and to set up the
bounding ^obol^'a or plumed wands. After this he placed a bowl of
water on the left hand of the white god — the form second from the
north — threw into it some powdered substance to make a cold decoc-
tion, and laid the sprinkler on top of it. (Paragraph 100.)
113. The whistle was blown. The herald announced that all was
ready. The sick woman and her companion entered, and one after
the other cast meal upon the floor. The former took oft' her moccasins
aud sat ou the ground near the door while a song was sung. Then she
.sat ou the form of the white god, her companion sat on the form of the
blue god, and the singing and rattling were resumed. Without inter-
rupting bis song the chanter sprinkled the picture with the infusion,
applied the moistened sprinkler to the breast, head, and brow of each
of the gods in the following order : white, blue, yellow, black, and sat
down to finish his chant. He administered the decoctions to his patient
in two draughts, to her companion in two draughts, to himself (honest
physician!) in the same manner, and gave as before (paragraph 106)
the dregs to the bystanders. He applied the dust from different parts
of the divine figures to the sick woman, in much the same manner as
on the previous day, and while doing this he obliterated the pictures of
the little animals over the head of the white god. The fumigation of
both women was repeated with exactly the same rites as on the second
day, and the fumes had precisely the same odor on this occasion as on
that. When the coals were extinguished and taken out, the chanter
said to the women, "kay" (now), whereat they arose and left the lodge.
111. As soon as they were gone the work of obliteration began. The
figures of the gods were rubbed out in the usual order (white, blue,
yellow, black, rainbow), the erasure in each case proceeding from foot
to head. The plumed wands fell as before, simultaneously with the
destruction of the rainbow. The sand was carried out at half past 2
o'clock aud no further rites were performed during the day.
CEREMONIES : GREAT WOOD PILE.
429
115. Eighth day. The picture i)aiuted on IMonday (October 27)
was of a simple character, aud hence did not occupy much time. The
work was begun at 7 a. ui. aud was finished at 10 a. m. Of the four
shorter or interior arrows (Plate XVIII), that which stands second
from the north was regarded as the arrow of the east and was begun
first. On this arrow the sick woman was placed, sitting with her face
to the east, when she came to be treated and fumigated. The bowl of
infusion was laid on the point of the arrow immediately to her left,
regarded as the arrow of the north. The medicine man put the i)oneu
on the base, on the red cross lines near the center, aud on the white tips.
All the ceremonies which took place between the completion and the
obliteration of the picture (the planting of the five plumed wands, the
sprinkling of the picture with meal, the sprinkling and administration
of the infusion, the application of the colored dust to the person of
the patient, the fumigation of the two women, the whistling, the sing-
ing, and rattling) were essentially the same as those observed on the
previous day. In taking the dust from the picture, however, the sha-
man applied his hands only to the bases of the arrows. The ceremony
of obliteration was also a repetition of the rites of the previous day.
116. The building of the great stack of wood (Fig. 53) which was to
furnish the fire in the center of the corral on the last night went on
- ,:" NliAv, , -^
Fic. 53. The great wood pile.
simultaneously with the painting of the picture. Both tasks were
begun and ended about the same time. The wood in the big pile was
dead, long seasoned juniper and cedar, fuel of the most inflammable
character. The pile was about twelve feet high and sixty paces in cir-
430 THE MOUNTAIN CHANT.
cumference. Large quantities of this dry wood were also brought aud
placed outside the space allotted to the corral, to replenish the fires
when needed.
117. In the afternoon there were uo ceremonies in the mediciue lodge.
The qa(;ali and his assistants took a half holiday, and not without de-
serving it, for they bad wrought well for three days and they had a long
day's work and a long night's work still before them. A large number of
people had by this time assembled, and from time to time more arrived.
Throughout the sparse grove which surrounded us, little temporary
corrals and huts of boughs were going up in every direction. In more
secret spots in the rugged walls of a canou, about half a mile from the
medicine lodge, other shelters were erected, where visiting performers
were to prepare themselves on the last night. Many young men were
busy in the afternoon cutting dowu the trees aud lopping off the
branches which were to form the great corral (the ilniisjin, the dark
circle of branches) on the nest day. Some of the visiting women were
busy grinding meal and attending to different household duties; others
played cards or engaged in the more aboriginal pastime of azfilc^'il, a
game played with three sticks and forty stones, the latter for counters.
118. The friends of the sick woman prepared the alkan, a great corn
cake baked in the earth, the manufacture of which gave evidence of
the antiquity of the process. The batter was mixed in one large hole
in the ground lined with fresh sheepskin. It was baked in another
hole in which a fire had been burning for many hours, until the sur-
rounding earth was well heated. The fire was removed ; the hole lined
with corn husks; the batter ladled in and covered with more coru-
husks ; hot earth and hot coals were spread overall. The cake was
not dug up until the following day, aud was designed chiefly for the
special entertainment of those who were at work in the medicine lodge.
119. Ninth day (until sunset). On Tuesday (October 28) the
work in the lodge consisted in preparing certain properties to be used
in the ceremonies of the night. These were the wands to be used in the
first dance, the kiitso-yisfan or great illumed arrows, aud the trees
which the dancers pretended to swallow.
120. The wand of the uahikai was made by paring down a straight
sleuder stick of aromatic sumac, about three feet long, to the general
thickness of less than half an inch, but leaving a head or button at one
end. A ring was fashioned from a transverse slice of some hollow or
pithy plant, so that it would slide freely up and down the slender wand,
but would not pass over the head. Eagle down was secured to the
wooden head aud also to the ring. In the dance (paragraph 120) the
eagle down on t!ie stick is burned ofl' in the fire while the ring is held
in the palm of the hand. When the time comes for the wand to grow
white again, as the name nahikai expresses it, the ring is allowed to
leave the palm and slide to the other end of the stick.
121. The great plumed arrows were deceptions somewhat similar in
character to the wands. One-half of the arrow was made of a slender
MATTHEW? J CEREMONIES : PREPARING IMPLEMENTS. 431
hard twig of cliff rose; the otlier half was formed of some pithy suf-
fruticose herb which I could uot determine satisfactorily, as I saw only
the cut sections and was uot permitted to handle these. The pith was
removed so as to allow the wooden part to move into the herby part
with a telescopic mechanism. The herbaceous portion was so covered
with feathers that nothing could be seen of its surface. A large stone
arrowhead was attached to the wooden shaft. When the actor pre-
tended to swallow this he merely held the stone point flrudy between
his teeth and forced the upper or plumed shaft down on the lower or
wooden shaft. It was an excellent deception, and presented to the or-
dinary observer all the appearance of genuine arrow swallowing.
122. The piiiou saplings, which the dancers also pretended to swallow,
had no deceptive arrangement. They were slender little trees trimmed
at the butt into a broad, thin, wedge shaped point, which was carefully
smoothed by rubbing it with sandstone, so that no offensive splinters
should present themselves to the lips of the dancers. The smooth end
was painted red, probably to make the spectators, at night, by the un-
certain firelight, suppose that the dissemblers had torn their throats in
their great efforts. Sometimes the saplings have all their branches
removed, and are then trimmed with cross pieces and circles of ever-
green sprays. In most cases, however, I have seen the sapling used in
its natural condition.
123. As each set of implements was completed there was a ceremony
with singing and rattling, the men who were to use them at night
partook of powdered medicines on their extended tongues, from the
hands of the chanter, and then practiced themselves in the use of the
implements. Although they well knew the deceptive nature, of these
articles and fully understood the frauds they were preparing to per-
petrate on the public, these young men seemed to view the whole work
with high reverence and treat it with the greatest seriousness. For
instance, when, in the secrecy of the lodge, they went through the
motions of swallowing the trees they showed indubitable signs of fear:
all looked anxious, some trembled quite perceptiblj^, and one looked as
pale as a live Indian can look. They probably dreaded the displeasure
of the gods if all were not done well.
124. Last night. Just after sunset the old chanter posted himself
some paces to the east of the great woodpile, on the spot where the gate
of the corral was to be, and began a song. Simultaneous with the begin-
ning of the song was the commencement of the building of the dark
circle. All the young and middleaged men in camp assisted. They
dragged the branches from where they had been cut down in the neigh-
boring woods and put them in position in the circle with great celerity.
The work was all done in less than an hour, during which time the
chanter ceased uot for an instant his song and rattle. When the fence
was finished to his satisfaction he stopped bis song and the labors of
the workmen ceased with the sound. When finished the corral averaged
432 THE MOUNTAIN CHANT.
about forty paces in diameter, and the fence was about eigijt feet Ligb,
with an opening left in the east about ten feet wide.
125. The moment the dark circle of branches was finished it inclosed
sacred ground. Any dog who dared to enter was chased out with
shouts and missiles. The man or woman who came must, on the first
occasion, pass around to the left, i. e., to the south of the great wood-
pile. No one was allowed to peep through the fence or look over the
edge of it to witness the ceremonies. That part of the auditorium was
reserved for the spirits of the bears and other ancestral animal gods.
No horse might be led into the luclosure until after sunrise next
morning, when the fence was razed and all became common soil once
more.
126. When the night began to fall many of the visitors moved all
their goods into the corral and lighted there a number of small fires close
to the fence, temporarily abandoning their huts and shelters outside.
Those who did not move in left watchers to protect their i)roperty ; for
there are thieves among the Navajo. The woods around the corral
were lighted up in various directions by the fires of those who had not
taken their property into the great inclosure and of parties who were
practicing dances and shows of an exoteric character.
127. The nocturnal performances of this evening (Tuesday, October
28, 1884) were as meager as any I have seen within the dark circle of
branches. The best show I ever witnessed in the circle was one which
took place at Ream's Canon, Arizona, on the oth of November, 1882.
For this reason I will make the notes taken on the latter occasion the
basis of my descriptiou of the " corral dance," adding as I proceed
such comments as may be justified by subsequent observation and in-
formation.
128. At 8 o'clock a band of musicians which I will call the orchestra
entered, sat down beside one of the small fires in the west, and began
to make various vocal and instrumental noises of a musical character,
which continued with scarcely any interruption until the close of the
dance in the morning. At the moment the music began the great cen-
tral tire was lighted, and the conflagration spread so rapidly through
the entire pile that in a few moments it was enveloped in great flames.
A storm of sparks flew upward to the height of a hundred feet or more,
and the descending ashes fell in the corral like a light shower of snow.
The heat was soon so intense that in the remotest parts of the inclos-
ure it was necessary for one to screen his face when he looked towards
the fire. And now all was ready to test the endurance of the dancers
who must expose, or seem to expose (paragra])h 149), their naked breasts
to the torrid glow.
129. First dance (Plate XII). When the fire gave out its most in-
tense heat, a warning whistle was heard in the outer darkness, and a
dozen forms, lithe and lean, dressed only in the narrow white breech-
cloth and moccasins, and daubed with white earth until they seemed a
grouj) of living marbles, came bounding through the entrance, yelping
o
MATTHEWS] CEEEMOXIKS: DANCE OF NAHIKAI. 43 5
like wolves and slowly moving around tlie fire. As tliey advuiu'ed in
single file tliey threw tbeir bodies into divers attitudes — some grace-
ful, some strained and ditidcult, some meuaciug. Now tbey faced tlie
east, now the south, the west, the north, bearing aloft their slender
wands tipped with eagle down, holding and waving them with surpris-
ing effects. Their course around tlie fire was to tlie left, i. e., from the
east to the west, by way of the south, and bacli again to the east by
way of the north, a course taken by all the dancers of the night, the
order never being reversed. WJien they had encircled the fire twice
they began to thrust their wands toward it, and it soon became evident
that their object was to burn off the tips of eagle down ; but owing to
the intensity of tlie heat it was dilBcult to accomplisJi this, or at least
they acted well the part of striving against such dilHculty. Unc would
dash wildly towards the fire and retreat; another w(jald lie as close to
the ground as a frightened lizard and endeavor to wriggle himself up
to the fire; others souglit to catch on their wands the sparks flying iu
the air. One approached th" flaming mass, suddenly threw himself on
his back with bis head to the fire, and swiftly thrust his wand into the
flames. Many were the unsuccessful attempts; but, at length, one by
one, they all succeeded in burning the downy balls from the ends of
their wands. As each accoinplished this feat it became his next duty
to restore the ball of down. The mechanisai of this trick has been
described (paragraph 120), but the dancer feigned to produce the won-
derful result by mendy waving his wand up and down as he continued
to run around the fire. When he succeeded he held his wand up in tri-
umph, yelped, and rushed out of the corral. The last man pretended
to have great difficulty in restoring the down. Wlien at last he gave
bis triumphant yell and departed it wae ten minutes to 0. The dance
had lasted twenty minutes.
130. In other repetitions of this ceremony the writer has witnessed
more of burlesque than on this occasion. Sometimes the performers have
worn immense false mustaches, exaggerated imitations of spectacles
and of other belongings of their white neighbors. Sometimes the
dance has- assumed a character which will not be described in this place
(paragraph 14G). It is called nahikiii-alil. The former word signifies "it
becomes white again" and refers to the reappearance of the eagle down.
The show is said to have been introduced among the Navajo at the
great corral dance mentioned in the myth (paragraphs G9-72) by a tribe
from the south named (/'ildjehe. It is no essential part of the rites of the
dark circle, yet I have never known it to be omitted, jirobably because
it is a most suitable dance for the time when the fire is the hottest.
131. Seco7id dance. After an interval of three-quarters of an hour,
the dance of the kiltsoyiscau, the great plumed arrow, the potent
healing ceremony of the night, began. There were but two performers.
They were dressed and arrayed much like the akiluinili, but they bore
DO meal bags, wore no beaver collars, and the jiarts of their bodies tliat
5 ETH '28
434
THE MOUNTAIN CHANT.
were not painted black — legs and forearms — were daubed with white
earth. lustead of the wand of the akiiniuili, each bore in his hand one
of the great plumed arrows. While they were makipg the usual circuits
around the fire, the patient (a man on this occasion) was placed sitting
on a butfalo robe in front of the orchestra. They halted before the pa-
FlG. 54. Dancer boUlin;: up the great plumed
arrow.
Fig. 55. Dancer 'swallowing" the great plumed
arrow.
tieut; each dancer seized his arrow between his thumb and forefinger
about eight inches from the tip, held the arrow up to view, giving acoyote-
likc yelp, as if to say, "So far will I swallow it" (Fig. 54), and then ap-
peared to thrust the arrow, slowly and painfully, down his throat (Fig.
55) as far as indicated. ^Yhile the arrows seemed still to be stuck in
their throats, they danced a chass6, right and left, with short, shuftiiug
MATT11EW6.] CEREMONIES : DANCE OF GREAT PLUMED ARROW. 435
Steps. Tlieu tliey withdrew tlie arrows, ami held tliem nji to view as
before, with triuinphaut yelps, as if to say, " So far have I swallowed
it." SyDii)athizers in the audieuce yelped in response. The next thing
to be done was to api)ly the arrows. One of the dancers advanced
to the patient, and to the soles of the feet of the latter lie pressed the
magic weapon with its point to the right, and again with its point to the
left. In a similar manner he treated the knees, liauds, abdomen, back,
shoulders, crown, and mouth in the order named, giving three coyote-
like yelps after each application. When the first dancer had comi)leted
the work, the other took his place and went through exactly the same
performance. This finished, the sick man and the buffalo robe were
removed. Tlie bearers of the arrows danced once more around the fire
and departed.
132. The plumed arrow is fzoqiiently referred to in the songs of this
rite. It seems to be the most revered implement and the act in which
it appears the most revered alili of the night. All the other shows may
be omitted at will, but the dance of the katso-yis^an, it is said, must
never be neglected. I have witnessed other performances where the
arrow swal lowers reappeareil with their numbers increased to six or
eight. The additional dancers all pretended to swallow arrows, but
they did not apply them to the patient. The origin of this alili is well
accounted for in the myth (jiaragraiihs 47, ii~>, and C'J), and the iieculiar
significance of the injunction not to break the aiTOW is easily under-
stood when we know how the arrow is made.
1.3.3. Third (lance. At 10 o'clock the sound of the whistle again called
the spectators to attention and a line of twenty-three dancers came in
sight. The one who led the procssion bore in his hand a whizzer (Fig.
50) such as schoolboys use, a stick tied to the end of a string ; this he
constantly whirled, producing a sound like that of a rain storm. After
him came one who represented a character, the Yebaka (anglicized,
Yaybaka), from the great nine days' ceremony of the kledji-qa<;'al, or
night chant, and he wore a blue buckskin mask that belongs to the
character referred to. From time to time he gave the i)eculiar hoot or
call of the Yaybichy, "hu'hu'hu'hu'' (paragraph 32). After him fol-
lawed eight wand bearers. They were dressed like the bearers of the
great plumed arrows ; but instead of an arrow each bore a wand made
of grass, cactus, and eagle plumes. The rest of the band were choris-
ters in ordinary dress. As they w'ere all proceeding round the fire for
the fourth time they halted in the west, the choristers sat and the stand-
ing wand bearers formed a double row of four. Then the Taybaka
began to hoot, the orchestra to play, the choristers to sing, the whizzer
to make his miu)ic storm, and the wand bearers to dance. The latter,
•keeping perfect time with the orchestra, went through a series of fig-
ures not unlike those of a modern quadrille. In our teri)sichorean no-
menclature the "calls" nught have thus been given: "Forward and.
back. Chassez twice. Face partners. Forward and back. Forward
and bow. Forward and embrace. Forward and wave wands at part-
436
THE MOUNTAIN CHANT.
Section.
uers, " &f. When several of these evolutiou.s had beeu performed in
a graceful aud orderly maimer, the choristers rose, aud all went sing-
ing out at the east.
134. Three times more the same band returned. In the third and
fonith acts the wands were exchanged for great piiiou poles (eight to
ten feet long), portions of which they pretended to swallow, as their
predecessors had done with the arrows. (Paragraph 48.) That the
simi)le aud devoted Pueblo Indian docs actually, in dances of this
character, thrust a stick far down his gullet, to the great danger of
health and even of life, there is little reason to doubt ; but the wily Xavajo
attempts no such prodigies of deglutition. A careful observation of
their movements on the tirst occasion convinced me that the stick never
l^assed below the fauces, and subsequent experience in the medicine
lodge only strengthened the conviction (paragraph 121).
135. The instrument designated above as the whizzer is a thin, flat,
pointed piece of wood, painted black and sparkling with the specular
iron ore which is siiriukled on the surface ; three small
pieces of turquoise are inlaid in the wood to represent
eyes and mouth. One whizzer which I examined was
nine inches long, one and three-fourths iuclies broad,
and about a quarter of an inch thick in the thickest
part. (Fig. 50.) To it was attached a string about two
feet long, by means of which the centrifugal motion was
imparted to it. It is called by the Navajo tsin^e'ni',
or groaning stick. It is used among many tribes of the
southwest in their ceremonies. The Navajo chanters
say that the sacred groaning stick may only be made of
the wood of a pine tree which has been struck by light-
ning.
136. In the Fourth dance there were about thirty chor-
isters, in ordinary dress, beaiing pinon wands; there
was a man who shook a rattle, another who whirled the
groaning stick, and there were three principal dancers,
wearing fancy masks and representing characters from
the rites of the kledji tjacal or dance of the " Yaybich}*"
These three danced a lively and graceful jig, in i)er-
fect time to the music, with many bows, waving of
wands, simultaneous evolutions, and other pretty mo-
tions which might have graced the spectacular drama
of a metropolitan theater. Three times they left the
corral for a moment, and returning varied the dance,
aud always varied to improve. The wands they bore
were large light frames of reeds adorned with large
eagle plumes.
137. After this there was an interval of nearly an
Lour, which passed slowly with those in the corral. Some smoked and
gossiped; some listened to the never ceasing din of the orchestra or
Fig. 50. The wbiz-
fcer.
jLiTTHEws.] CEREMONIES: STICK SWALLOWING ; SUN SHOW. 437
joined iu the chant ; some brought in wood and replenished the waning
fires; some, wrapped in their serapes, stretched themselves on the
ground to catch short naps.
138. Fifth dunce. It was after midnight when the blowing of a hoarse
buftalo horn announced the approach of those who were to perform the
fifth dance, the tcbhanoai alili or sun show. There were twenty-four
choristers and a rattler. There were two character dancers, who were
arrayed, like so many others, in little clothing and much paint. Their
heads and arms were adorned with plumes of the war eagle, their necks
with rich necklaces of genuine coral, their waists with valuable silver
studded belts, and their loins with bright sashes of crimson silk. One
bore on his back a round disk, nine inches iu diameter, decoiated with
radiating eagle plumes to represent the sun. The other carried a disk,
six and a half inches in diameter, similarly ornamented, to symbolize
the moon. Each bore a skeleton war.d of reeds that reminded one of
the frame of a great kite; it was ornamented with pendant eagle plumes
that swayed with every motion of the dancer. While the whole party
was passing round the fire in the usual manner wands were waved and
heads bowed towards the tlanies. When it stopped in the west the
choristers sat and sang and the rattler stood and ratjtled, while the
bearers of the sun and the n^.oon danced at a lively rate for Just three
minutes. Then the choristers rose and all sang and danced themselves
out of sight. A second performance of this dance came between the
first and second repetitions of the next show.
139. I have recorded one story (but have heard of another) accounting
for the origin of this dance; it is as follows : When Dsilyi' ZS"eyiUU vis-
ited the mountain of Bistcagi, the home of Estsan (figini, these divine
beings had for ornaments on their walls the sun aud the moon. When
the great mythic dance was given they were among the guests. They
brought their wall decorations, and when the time for tlieir alili came
they wore the sun and the moon on their backs when they danced.
110. The Sixth dance, that of the standing arcs, was both i)ictures(|ue
aud ingenious. The principal performers « ere eight iu number, as usual
with scanty clothing. Their hair fell loose and long over back aud
shoulders aud each bore iu front of him, held by both hands, a wooden
arc, ornamented with eagle i)lumes. The ends of the arc (which was a
full semicircle) showed tufts of piuou twigs, and they were evidently
joined together by a slender string, which was invisible to the audience.
Besides the eight principal actors, there was a rattler, a bearer of the
groaning stick, and a chorus. While all were making the fourth circuit of
the fire,frequent shouts of "96he! (^'ohe!" (Englished, Thohay — "Stand!
stand!" or "Stay! stay!") were heard, the significance of whic^h soon
became apparent. When they stopped in the west, the eight character
dancers first went through various quadrille like figures, such as were
witnessed in the third dance, and then knelt in two rows that faced one
another. At a word from the rattler the man who was nearest to him
438 THE MOUNTAIN CHANT.
(wboiu I will call No. 1) arose, ath'aiiced to tbe inaa who knelt opposite to
biui (No. 2) with rapid, shuffling steps, aud amid a chorus of "Thuhay!
Thohay !" placed his arc with cautiou upon the head of the latter. Althongh
it was held in position by the friction of the piilon tufts at each ear and
by the pressure of the ends of the arc, now drawn closer by the sub-
tending string, it had the appearance of standing on the head without
material support, and it is probable that many of the uninitiated believed
that only the magic influence of the oft-repeated word "Thohay" kept it
in position. When the arc was secuied in its place, No. 1 retreated with
shuffling steps to bis former position and fell on his knees again. Im-
mediately No. 2 advanced and placed tbe arc which he held in his band
on the bead of No. ] . Thus each in turn placed bis arc on tbe head of
the one who knelt opposite to bim until all wore their beautiful halo-like
headdresses. Then, holding their heads rigidly erect, lest their arcs
should fall, the eight kneeling figures began a splendid, well timed
chant, which was accentuated by the clapping of bands and joined in by
the chorus. When the chant was done the rattler addressed the arc
bearers, warning them to be careful ; so they cautiously arose from their
knees and shuffled with stififened spines out of the corral, preceded by
the choristers. This dance was rei)eated after the second performance
of the fifth dance.
141. Seventh dance. The arc bearers had scarcely disappeared wiien
another troupe entered tbe circle, the buffalo horn announcing their
coming. A man with a whizzer led tbe procession. The choristers, in
ordinary dress, were thirteen in number. The principal dancers were
but two; they wore the usual sash and belt; the uncovered skin was
painted white; they had on long blue woolen stockings of Navajo make
and moccasins. Each bore a slender wand of two triangles of reeds
adorned at the corners with pendant plumes. They saluted the fire as
they danced around it. They baited in the west, where the choristers
sat down, and the two wand bearers danced for three minutes in a lively
and graceful manner, to the music of the whizzer, the rattle, the chor-
isters, and the drum of the orchestra. These returned twice more, mak-
ing some variation in their performance each time. In the second act
tbe rattler brought in under bis arm a basket containing yucca leaves,
aud a prayer was said to the sun. It is possible that this dance was
but a preliminary i>art of the eighth dance, but it must be described as
a separate alili.
142. Ehihth dance. In this there were sixteen performers, in ordinary
Navajo dress. One of these bore the whizzer and led the procession;
another, who came in the center of the line, carried a hewn plank, or
l)uncheon, about 12 feet long aud 4 iiiches broad, painted with spots and
decorated with tnfts of pinou branchlets and with eagle plumes; imme-
diately behind the bearer of tbe i)lank walked a man who had in a bas-
ket an effigy of the sun, formed of a small round mirror and a number
of radiating scarlet plumes. Having walked around the fire as usual,
MArrHEws.l CEREMONIES: DANCE OF THE STANDING ARCS 439
the whole partj' gathered in the west in a close circle, which completely
excluded from the sight of the audience the operations of the actors.
Singing, rattling, and cries of '• Tliohay ! "' were heard. In a few minutes
the circle opened and the hewn plank, standing upright on a small ISTav-
ajo blanket, without any apparent prop or support, was disclosed to view.
At the base of the plank was the basket holding the figure of the sun.
Singing was continued and so were the uproarious ci'ies of "Thohay " —
cries anxious, cries appealing, cries commanding — while the bearer of
the rattle stood facing the pole and rattling vigorously at it. At length,
seemingly in obedience to all this clamor, the solar image left the
basket and slowly, falteringly, totteringly, ascended the plank to
within a few inches of the top. Here it stopjied a moment and then
descended in the same manner in which it rose. Once more was it
made to rise and set, when the circle of dancers again closed, the plaidc,
sun, and basket were taken in custody, and the dancers departed. Tak-
ing into consideration the limited knowledge and rude implements of
the originators (for this alili is not of modern origin), this was a well
performed trick. The means useil for supporting the pole and pulling
up the sun could not be detected. The dancers formed a semicircle
nearly ten feet distant from the pole and tbelight of the central fire shone
brightly upon all.
143. Ninth dance. It was after I o'clock in the morning when the dance
of the boshkawii (Yucc(( hnccata) began. (Fig. 57. See paragraj)!! 3.)
The ceremony was conducted in the first part by twenty-two persons in
ordinary dress. One bore, exposed to view, a natural root of yucca,
crowned with its cluster of root leaves, which remain green all winter.
The rest bore in their hands wands of pinon. What other properties
they may have had concealed under their blankets the reader will soon
be able to conjecture. On their third journey around the tire they halted
in the west and formed a close circle for the purpose of concealing their
operations, such as was made in the eighth dance. After a minute spent
in singing and many repetitious of " Thohay," the circle opened, disclosing
to our view the yucca root planted in the sand. Again the circle closed ;
again the song, the rattle, and the chorus of "Thohay"' were heard,
and when the circle was opened the second time an excellent counter-
feit of the small budding flower stalk was seen amid the fascicle of
leaves. A third time the dancers formed their ring of occultation;
after the soug and din had continued for a few seconds the circle parted
for the third time, when, all out of season, the great i)auicle of creamy
yucca flowers gleamed in the firelight. The previous transformations
of the yucca had been greeted with approving shouts and laughter;
the blossoms were hailed with storms of applause. For the fourth and
last time the circle closed, and when again it opened the blossoms had
disappeared and the great, dark green fruit hung in abundance from
the pedicels. When the last transformation was completed the dancers
440
THE MOUNTAIN CHANT.
went ouce more ai'ouiul the tire and departed, leaving the friiiti'ul yucca
behind them.
144. In a moment after they had di.sappeared the form of one per-
sonating an aged, stupid, t^hort sighted, decrepit man was seen to
emerge slowly from among the crowd of speL'tators iu the east. He
was dressed iu an old and woefully ragged suit and wore a high, pointed
Fig. n. Yucca baccata.
hat. His face was whitened and he bore a short, crooked, wooden bow
and a few crooked, ill made arrows. His mere appearance provoked the
"stoic"' audience to screams of laughter, aud his subsequent "low com-
edy business," which excelled much that I have seen on the civilized
stage, failed not to meet with ni»roarious demonstrations of approval.
Slowly advauciug as he enacted his part, he iu time reached the place
/
MATTHEWS] CEREMONIES : HOSHKAWN DANCE. 441
where the yucca stood, and, in his imbecile totterings, he at leugth stum-
bled oil the plant and pretended to have his flesh lacerated by the sharp
leaves. He gave a tremulous cry of pain, rubbed saliva on the part
supposed to be wouuded, and muttered his complaints iu a weak and
shaking voice. He pretended then to seek for the plant, and was three
times wounded iu his efforts to flud it. At length, tneeling on the
ground, with his face buried in the leaves, he feigned to discover it, and
rejoiced with querulous extravagance over his success. Wheu he had
marked the spot and the way back to it with an exaggerated burlesque
of the Indian methods of doing these things, he went off to find his
'' old woman" and bring her to pick the fruit. Soon he returned with
a tall, stalwart man, dressed to represent a hideous, absurd looking old
granny. The latter acted his part throughout the rest of the drauia
with a skill fully equal to that of his comrade.
145. There were scenes in this drama which may not be told in this
connection. It will snflice to say here that when the yucca fruit was
picked and put in the basket the old man heli)ed the "woman" to
shoulder her load and the pair left the corral. The hackaninya" does
not invariably appear in the corral dance. I have attended one cere-
mony where it was omitted. I have heard two descriptions of the dance
which differed very much from the one given above.
14C. Many facts concerning not only the liMckaii inya', but other jiarts
of the mountaiu chant, have not been alloweil to apjiear iu this essay.
Recognized scientists may learn of them by addressing the author
through the Director of the Bureau of Ethnology.
1-47. Tenth dance. At twenty minutes i^ist three an uninteresting per-
formance called the "bear dance" began. A man entered on all fours;
his face was painted white; he wore around his loins and over his
shoulders pieces of some dark pelt which may have been bearskin, but
looked more like the skin of a black sheep. Tiie fire had now burned
low and the light was dim. He was accompanied by two attendants,
one of whom carried a rattle. He went twice around the ring, imitating
the lumbering gait of the bear. He occasionally raaile a clumsy lunge
sidewise at some of the spectators, as though he would attack them;
but on these occasions the man with the rattle headed him off' and rat.
tling in bis face directed him back to the usual course around the tire.
This show lasted five minutes.
14S. The EJevinih f7fl»(v was the fire dance, or tire play, which was the
most picturesque and stiirtling of all. Some time before the actors
entered, we heard, mingled witli the blowing of the buffalo horn, strange
sounds, much like the call of the sand hill crane; they will, for con-
venience, be called trumpeting. These sounds continued to grow louder
and coQie nearer until they were heard at the opening in the east, and
iu a second after, ten men, having no more clothing on than the per-
formers in the first dance, entered. Every man except the leader bore
along thick bundle of shredded cedar bark in each hand and one hud
442 THE MOUNTAIN CHANT.
two extra buudles ou bis shoulders for tbe later use of tbe leader. Tbe
latter carried four small fagots of tbe same material iu bis bands. Four
times tbey all danced around tbe fire, waving' their bundles of bark
towards it. They baited in the east; tbe leader advanced towards tlie
central fire, lighted one of bis fagots, and trumpeting loudly threw it to
the east over the fence of tbe corral. He performed a similar act at tbe
south, at the west, and at the north ; but before the northern brand was
thrown he lighted with it the bark bundles of bis comrades. As each
brand disappeared over the fence some of the spectators blew into their
hands and made a motion as if tossing some substance after the depart-
ing Hame. When the fascicles were all lighted tbe whole band began a
wild race around the fire. At first they kept close together and spat
upon 9ne another some substance of supposed medicinal virtue. Soon
tbey scattered and ran apparently without concert, tbe rapid racing
causing the brands to throw out long brilliant streamers of flame over
the bands and arms of the dancers. Then they proceeded to apply the
brands to their own nude bodies and to the bodies of their conjrades in
front of them, no man ever once turning round ; at times tbe dancer
struck his victim vigorous blows with his flaming wand; again he
seized the flame as if it were a sponge and, keeping close to the one pur-
sued, rubbed the back of the latter for several moments, as if be were
bathing him. In the mean time the sufl'erer would perhaps catch up
with some one in front of him and in turn bathe him in flame. At times
when a dancer found no one in front of him he proceeded to sponge his
own back, and might keep this up while making two or three circuits
around the fire or until he caught up with some one else. At each ap-
plication of tbe blaze the loud trumpeting was heard, and it often
seemed as if a great flock of cranes was winging its way overhead south-
ward through tbe darkness. If a brand became extinguished it was
lighted again iu the central fire; but when it was so far consumed as
to be no longer held conveniently in tbe hand, tbe dancer dropped it and
rushed, trumpeting, out of the corral. Thus, one by one, they all de-
parted. When tbey were gone many of tbe spectators came forward,
picked up some of the fallen fragments of cedar bark, lighted them,
and bathed their bauds in the flames as a charm against the evil eflects
of fire.
149. Did these dancers, next day, bide sore and blistered backs under
their scrapes ? I think not, for 1 have sren and conversed with some of
the performers immediately after tbe fire show, and they seemed happy
and had nothing to complain of. Did the medicine they spat on one
another save them? Certainly not, all bough the Indians claim it is a
true prophylactic against burns and call it aze sakazi or cold medicine.
But it is probable that tbe cedar bark ignites at a low tem])erature,
and more than probable that the coating of white earth with which
their bodies were covered is an exi^ellent nonconductor. However,
the thought that their bodies might iiave been thus ingeniously pro-
tected lessened little, if any, the effect produced on the spectator. I
MAiTiiEws ] CEREMONIES : FIRE DANCE AND OTHER DANCES. 443
bare seeu many Are scenes ou the stage, mauy acts of fire eatiug and
fire handling by civilized jugglers, and many fire dances by other In-
dian tribes, but nothing quite comparable to this in all its scenic
effects.
150. The closing ceremonies I did not witness on this occasion, but
I saw them at subsequent dances. Shortly before sunrise an assistant
l»assed around the fire four times and sprinkled a little water ou the
mass of sniolderiug embers, while the medicine man chanted the ap-
l)ropriate song. Later, three gaps were torn in the circle of branches —
one in the south, one iu the west, and one in the north— making, with
the original gate in the east, four entrances to the corral. (See Plate
XIV.) Just after sunrise the entire circle of branches was razed, but
the branches were not carried away. The traveler through the Navajo
country often encounters withered remains of these circles. In the
ceremony of October, 1884, the chanter, having another engagement
which was pressing, packed up his sacred utensils and left soon after
sunrise. The patient, it was said, was not permitted to sleep until after
sunset.
151. Oilier dances. In subsequent dances I saw exhibitions which did
not occur iu the ceremony of November 5, 1882, just described, and I
have learned of other shows produced ou the last night, which I have
never had an opportunity to witness. All the alilis may be modified.
I have rarely seeu two performances of the same dance which were just
alike.
152. Ou two occasions I have witnessed a very pretty dance, iu which
an eagle plume was stuck upright in a basket ai\d by meaus of some
•well hidden mechanism caused to dance in good time to the song, the
beat of the drum, and the motions of the single Indian who danced at
the same time; not only this, but the feather followed the motions of
the Indian: if he danced toward the north, the feather leaned to the
north while making its rhythmical motions; if he moved to the south, it
bent its white head in the same direction, and so on. Ou one occasion
it was a little boy, five years old, sou of the chief Manuelito, who
danced with the eagle plume. He was dressed aud painted much like
the akiiniuili, or the arrow swallowers (Figs. 54, 55), on a diminutive
scale. The sash of scarlet velvet around his hips was beautifully
trimmed with feathers. They said he had been several weeks in train-
ing for the dance, aud he certainly went through bis varied motions
with great skill. I have rarely seen a terpsichoreau spectacle that
struck my fancy more than that of the little Indian child and his
partner, the eagle plume.
153. It might be thought that the word " thohay," so often used to make
inanimate objects pay attciitioi'., wasone of very sacred import. So it is,
no doubt; yet I haveseen it broadly burlesqued. It was on the occasion
of the last " chant " which I attended. A number of boys, from twelve
to fifteen years of age they seemed, led by a pleasant looking old man
444 THE MOUNTAIN CHANT.
With a skepticiil twiukle iu Uis eye, came into the dark circle. One of
the party carried a deep Indian basket, from the top of which a nnmber
of spruce twigs protruded. They formed what has been designnted as
the ring of occultation, and while doing so they shouted and si;reained
and pufled the talismanic " thohay " iu a way that left no doubt of their
intention to ridicule. Their extravagant motions added to the sigiiiQ-
cauce of their intonation. When the ring opened the boys sat on the
ground and began to sing and beat a drum. The old man sat at a dis-
tance of about three paces west of the basket. Presently the nose of a
little weasel (the image being probably a stuffed skin) a[)peared among
the spruce boughs. All the timid, inquiring motions of the little animal
were well mimicked: the nose was thrust forward and pulled back,
the whole head would emerge and retreat, and at rare times the shoul-
ders would be seen for a moment, to be quickly drawn iu among the
screening spruce twigs. All these motions were made in perfect time
to the singing and drumming. The old man who pulled the actuating
strings made no secret of his manipulations. The play was intended
for a farce, and as such the spectators enj(jyed it.
THE GREAT PICTURES OF DSILYIDJE QACAL.
154. A description of the four great pictures drawn in these ceremo-
nies has been deferred until all might be described together. Their
relations to one another rendei-ed this the most desirable course to pur-
sue. The preparation of the ground and of the colors, the application
of the sacred pollen, and some other matters have been already consid-
ered.
155. The men who do the greater part of the actual work of painting,
under the guidance of the chanter, have been initiated, but need not be
skilled medicine men or even aspirants to the craft of the shaman. A
certain ceremony of initiation has been performed on them four times,
each time during the course of a different dance, before they are ad-
mitted into the lodge during the progress of the work or allowed to
assist in it. The medicine man receives a gooil present in horses for his
work; the assistants get notliing but their food. This, however, is
abundant. Three times a day the person for whose benefit the dance
is performed sends in enough mush, corn cake, soup, and roasted mut-
ton to satisfy to the utmost the ap[)etites of all m the lodge. There are
some young men who live well all winter by going around the country
from dance to dance and assisting in the work of the lodge.
156. The pictures are drawn according to an exact system. The
shaman is frequently seen correcting the workmen and making them
erase and revise their work. In certain well defined instances the artist
is allowed to indulge his individual fancy. This is the case with the
gaudy embroidered iiouches which the gods carry at the waist. Within
reasonable bounds the artist may give his god just as handsome a pouch
MATTHEWS.] GREAT PICTURES OF DSILYIDJE QA^AL. 445
as be wishes. Some parts of the flgares, ou the other hand, are lueas-
ureil by pahns and spans, and not a line of the sacred desigu cau be
varied. Straight and parallel lines are drawn by aid of a tightened cord.
The mode of applying the colored ])owder is peculiar. The artist has
bis bark trays laid ou the saud where they are convenient of access. He
takes a small quantity of the powder in his closed palm and allows it to
pass out between his thumb and forefinger, while the former is moved
across the latter. When he makes a mistake he does not brush away
the pigment. He obliterates it by pouring sand on it, and then draws
the corrected desigu ou the new surface. The forms of the gods do not
a])pear as I have represented them in the first coat of color. The naked
figures of these mythical beings are first completely and accurately
drawn and then the clothing is put on. Eveu in the pictures of the
"Long-bodies" (Plate XVII), which are drawn 9 feet in length, the
naked body is first made in its appropriate color — white for the east,
blue for the south, yellow for the west, and black for the north — and
then the four red shirts are painted on from thigh to axilla, as shown iu
the jiicture.
157. The dra\\ ings are, as a rule, beguu as much towards the center
as the nature of the figure will jiermit, due regard beiug paid to the
order of precedence of the points of the compass, the figure in the
east being beguu first, that in-lbe south next, that iu the west third iu
order, aud that in the north fourth. The periphery is finished last of
all. The reason for thus working from within outwards is that the men
employed on the picture disturb the smooth surface of the saud with
their feet. If they proceed iu the order described they can smooth the
saud as they advance and ueed not cross the finished portions of the
picture.
158. I have learned of seventeen great healing dances of the Navajo
in which pictures of this character are drawn. There are said to be,
with few excejttious — only one exception that 1 am positively aware of—
four pictures appropriate to each dauce. Some of the dances are prac-
ticed somewhat differently by difterent schools or orders among the
medicine men, and in tiicse divers torms the pictures, although agreeing
iu general design, vary somewhat in detail. Thus there are, on an aver-
age, probably more than four designs, belonging to each of the seveuteen
ceremonies, whose names I have obtained. If there were but four to
each, this would give us sixty-eight such paintings known to the medi-
cine men of the tribe, and thus we may form some conception of the
great number of these sacred pictures which they possess. But I have
reason to believe, from many things I have heard, that besides these
seventeen great nine days' ceremonies to which I refer, tliere are many
minor ceremonies, with their appropriate pictures; so that the number
is probably greater than that which I give.
1.50. These pictures, the medicine men aver, are transmitted from
teacher to i>uiiil in each order and for each ceremony unaltered from
446 THE MOUNTAIN CHANT.
year to year amJ from generation to generation. That sncb is strictly
the case I cannot believe. There are no standard pictures on hand
anywhere. jSTo periuanent design for reference is ever in existence,
and there is, so far as I can learn, no final authority in the tribe to settle
any disputes that may arise. Few of these great ceremonies can be
performed in the summer months. Most of the figures are therefore
carried over from winter to winter in the memories of fallible men. But
this much I do credit, that any innovations which may creep into their
work are unintentional and that if changes occur they are wrought
very slowly. The shamans and their faithful followers believe, or pro-
fess to believe, that the direst vengeance of the gods would visit them
if these rites were varied in the least in picture, prayer, song, or cere-
monial. 'Ihe mere fact that there are difl'erent schools among the
medicine men may be regarded as an evidence that changes have oc-
curred.
160. First Picture. The picture of the first day (Plate XY) is
said to represent the visit of Dsilyi' ZSTeydni to the home of the snakes
at Qofestso. (Paragraph 53.)
1(>L In the center of the picture was a circular concavity, about six
inches in diameter, intended to re])resent water, presumably the house
of water mentioned in the myth. In all the other pictures where water
was represented a small bowl was iictually sunk in the ground and
filled with water, which water was afterwards sprinkled with powdered
charcoal to give the impression of a flat, dry surface. Why the bowl
of water was omitted in this picture I do not know, but a medicine
man of a different fraternity from that of the one who drew the pict-
ure informed me that with men of his school the bowl filled with water
was used in the snake picture as well as in the others. Closely sur-
rounding this central de[)ression are four parallelograms about four
inches by ten iuches in the original pictures. The half nearer the center
is red; the outer half is blue; they are bordered with narrow lines of
white. The same figures are repeated in other paintings. They appear
in this (hawing, and frequently in others, as something on which the
gods seem to stand. They are the ca'bitlol, or rafts of sunbeam, the
favorite vessels on which the divine ones navigate the upper deei). In
the Navajo myths, when a god has a paiticularly long and speedy
journey to make, he takes two sunbeams and, placing them side by side,
is borne otf in a twinkling whither he wills. Ked is the color proper
to sunlight in their symbolism, but the red and blue together represent
sunbeams in the morning and evening skies when they show an alter-
nation of blue and red. It will be seen later that the sunbeam shafts,
the halo, and the rainbow are represented by the same colors. In form,
however, the halo is circular, and the rainbow is distinguished by its
curvature, and it is usually anthropomorphic, while the sunbeam and
the halo are not. External to these sunbeam rafts, and represented as
standing on them, are the figures of eight serpents, two white ones in
BUREAU OF ETHNOLOGY
HFTH ANNUAL REPORT PL XV
Juii>iillini"^l-iili
FIRST DRY-PAINTING
MATTHEWS.) FIRST GREAT PICTURE OR DRY PAINTING. 447
the east, two blue ones in the south, two yellow ones in the west, and
two black ones in the north. These snakes cross one another (in pairs)
so as to form four tisures like the letter X- In drawing- these X's the
snake which appears to bo beneath is made first complete iu every re-
spect, and then the other snake is drawn over it in conformity with
their realistic laws of art before referred to. The neck, in all cases, is
blue, crossed with four bands of red. The necks of the gods iu all the
pictures, it will be observed, are made thus, but the bars in the man-
like figures run transversely, while those in the snake like run diago-
nally. Three rows of V shaj)ed figures, four in each row, are seen on
the backs of the snakes; these are simply to represent raottliugs. Out-
side of these eight snakes are four more of much greater length; they
form a frame or boundary to the picture, except in the west, where
the mountain of Dsilya-icin lies beyond them. There is a white snake in
the east, lying from north to south and bounding the picture in the east;
a blue snake, of similar size and shape^in the south ; a yellow one iu the
west, and a black one in the north. They seem as if following one
another around the picture in the direction of the suu'siipiiarent course,
the bead of the east snake approximating the tail of the soutli snake,
and so on.
102. In the northeast is seen the yay, Niltci, who accomiianied the Nav-
ajo prophet to the home of the snakes. In the extreme west is a black
circular figure re[)resenting the mountain of Dsilya-iyin. In the origi-
nal picture the mountain was iu relief — which I have not attempted to
represent — a little mound of about ten or twelve inches high. The de-
scrii)tion of the mountain given iu the myth is duly symbolized in the
picture, the halo added. The green spot in the center is designed to
represent a twig of spruce which was stuck in the mound of sand to
indicate the spruce tree door. From the summit of the mountain to the
middle of the central waters is drawn a wide line in corn meal, with
four footprints, depicted at intervals, in the same material. This rep-
resents the track of a bear. Immediately south of this track is the
figure of an animal drawn in gray pigment. This is the grizzly him-
self, which here, I have reason to believe, is used as a rf^ymbol of the
Kavajo prophet. The bear, iu the sacred language of the shamans, is
appropriately called Dsilyi' Neydni, since he is truly reared within the
mountains. His track, being represented by a streak of meal, has refer-
euce to the same thing as the name akiininili and the practice of the
couriers (paragraph 102), -who are dressed to represent the i)roi)het,
throwing coru meal in frout of them when they travel.
163. The Second Picture is said to be a representation of the paint-
ing which the prophet saw in the home of the bears in the Carrizo Mount-
ains (paragra|ih 40). In the center of this figure is the bowl of water
covered with black powder, to which I referred before. The edge of
the bowl is adorned with sunbeams, and external to it are the four
ca'bitlol, or sunbeam rafts, on which seem to stand four gods, or yays.
448 THE MOUNTAIN CHANT.
IC-t. The divine forms are shaped alike but colored differently. They
lie with heads extended outwaid, one to each of the four cardinal points
of the compass, the faces looking forward, the arms half extended on
either side, with the hands raisetl to a level with the shoulders. They
wear around their loins skirts of red sunlight, adorned with sunbeams.
They have ear pendants, bracelets, aud armlets, blue and red (of tur-
quoise and coral), the prehistoric and emblematic jewels of the Navajo.
Their forearms and legs are black, showing in each a zigzag mark to
represent lightning on the surface of the black rain clouds. In the
north god the.se colors are, for artistic reasons, reversed. Each bears,
attached to his right hand with a string, a rattle, a charm, and a basket.
The rattle is of the shaj)e of those used by the medicine men in tliis i)ar-
ticular dance, made of raw liide and painted to symbolize tln^ rain cloud
and lightning. Tiie left hand is empty ; l>ut beside each one is a highly
conventionalized pictuie of a plant. The left hand remains empty, as it
were, to grasp this plant, to indicate that the plant at the left hand be-
longs to the god whose corresponding hand is unoccupied and extended
towards it. The proprietorshij) of each god in his own particnlai- plant
is further indicated by making the plant the same color as the god. The
body of the eastern god is white; so is the stalk of corn at his left, in
the southeast. The body of the southern god is blue; so is the bean-
stalk beside him, in the southwest. The body of the western god is
yellow ; so is his pumpkin vine, in the northwest. The body of the
north god is black ; so is the tobacco plant, which is under his special
protection, in the northeast.
1C5. Each of the four sacred jjlants is represented as growing from
tive white roots in the central waters and spreading outwards to the
periphery of the picture. The gods form one cross whose limbs are di-
rected to the four cardinal points ; the plants form another cross having
a common center wl h the first named cross, but whose limbs extend to
the intermediate points of the compass.
KjO. On the head of each yay is an eagle plume lying horizontally and
pointing to the right. A similar arrangement of four plumes, all point-
ing in one direction (contrary to the sun's apparent course), may be ob-
served on tlie baskets carried by the gods.
107. The gods are represented with beautiful embroidered i)ouches,
each of a different pattern. In old days the most beautiful things in
art the Navajo knew of were the porcupine quill embroideries of the
northern races. The art of garnishing with quills, and later with beads,
seems never to have been practiced to any extent l)y the Xavajo women.
They obtained en)broideries of the Ute and other northern tribes, and
their ancient legends abound in allusions to the great esteem in which
they held them. (See, for instance, paragraphs 32, Si.) Hence, to rep-
resent the grandeur and jjotency of their gods, they adorn them with
these beautiful and much coveted articles.
BUREAU OF ETHNOLOGY
FIFTH ANNUAL REPORT PL T/[.
SECOND DRY-PAINTING
KATTHEws.) SECOND GREAT PICTURE. 449
IGS. Surrouudiiig tbe picture on about three-fourths of its circuiu.
fereuce is the anthropomorphic rainbow or rainbow deity. It consists
of two long stripes, each about two inches wide in the original jiicture,
one of blue, one of red, bordered and separated by narrow lines of
white. At the southeastern end of the bow is a representation of tbe
body below the waist, such as tlie other gods have, consisting of pouch,
skirt, legs, and feet. At the northeastern end we have head, neck, and
arms. The head of the rainbow is rectangular, while the heads of the
other forms in this jiicture are round. In the pictures of the Yaybichy
dance we frequently observe the same difference in the heads. Some
are rectangular, some are round; the former are females, the latter
males; and whenever any of these gods are rei)resented, by characters,
in a dance, those who enact the females wear square stiff masks, like
our dominoes, ■while those who enact the males wear roundish, baglike
masks, of soft skin, that completely envelop the head. The rainbow
god in all these pictures wears the rectangular mask. Iris, therefore, is
with the Navajo as well as with the Greeks a goddess.
1C9. All the other gods bear something in their hands, while the
hands of the rainbow are empty. This is not without intention. When
the person for whose benefit the rites are performed is brought in to
lie prayed and sung over, the sacred jiotion is brewed in a bowl, which
is placed on tlie outstretched hands of the rainbow while the ceremony
is in progress and oidy taken from these hands when the draught is to
be administered. Therefore the hands are disengaged, that they may
hold the gourd and its contents when the time comes (paragraph lOG).
170. In the east, where the i)icture is not inclosed by the rainbow,
we see the forms of two birds standing with wings outstretched, facing-
one another, their beaks close together. These represent certain birds
of blue plumage called by the Navajo fbli [iSinlia arctica). This blue-
l)ird is of the color of the south and of the upper regions. He is the
herald of the morning. His call of •' ^bli, §61i " is the first that is heard
when the gray dawn approaches. Therefore is he sacred, and his
feathers form a component part of nearly all the plume sticks used in
the worship of this peojde. Two bluebirds, it is said, stand guard at
the door of the house wherein these gods dwell; hence they are repre-
sented in the east of the picture.
171. Here is an appropriate occasion to speak of a part of Navajo
symbolism in color to which reference has already several times been
made. In the majority of cases the east is represented by white, the
south by blue, the west by yellow, the north by black ; the upjier world
l)j- blue and tl . lower by a mixture of -white and black in spots. The
colors of the south and west seem to be permanent: the south is always
blue and the west is always yellow, as far as I can learn; but the colors
of the east and north are interchangeable. The cases are rare where
white is assigned to the north and black to the east; but such cases
5 ETH 29
450 THE MOUNTAIN CHANT.
occur, and perhaps in each instance merit special study. Again, black
represents the male and blue the female.
172. The Third Picture commemorates the visit of Dsiiyi' Neyaui
to (/'a^o'behogan, or "Lodge of Dew" (paragraph 56). To indicate
the great height of the Bits^s-niu^z the figures are twice the length of
any in the other pictures, except the rainbows, and each is clothed in
four garments, one above the other, for no one garment, they say, can
be made long enough to cover such giant forms. Their heads all point
to the east, instead of pointing in different directions, as in the other
pictures. The Kavajo relate, as already told (paragraph 60), that this
is in obedience to a divine mandate; but probably there is a more
practical reason, which is this : if they had the cruciform arrangement
there would not be room on the floor of the lodge for the figures and
at the same time for the shaman, assistants, and spectators. Economy
of space is essential; but, although drawn nearly i^arallel to one
another, the proper order of the cardinal points is not lost sight of. The
form immediately north of the center of the picture is done first, in
white, and represents the east. That immediately next to it on the
south comes second in order, is painted in bhie, and represents the
south. The one next below tliat is in yellow, and depicts the goddess
who stood in the west of the House of Dew-Drops. The figure in the
extreme north is drawn last of all, in black, and belongs to the north.
As I have stated before, these bodies are first made naked and after-
wards clothed. The exposed chests, arms, and tliighs display the colors
of which the entire bodies were originally composed. The gloi (weasel,
Pittorius) is sacred to these goddesses. Two of these creatures are
shown in the east, guarding the entrance to the loilge. The append-
ages at the sides of the heads of the goddesses represent the gloi-bitci\,
or headdresses of gloi skins of different colors which these mythic per-
sonages are said to wear. Each one bears attached to her right hand
a rattle and a charm, or plume stick, such as the gods in the second
picture carry ; but, instead of the basket shown before, we see a con-
ventionalized representation of a branch of choke cherry in blossom ;
this consists of five diverging stems in blue, five roots, and five cruci-
form blossoms in white. The choke cherry is a sacred tree, a mountain
plant ; its wood is used in making certain sacrificial plume sticks and
certain implements of the dance ; it is often mentioned in the songs of
this particular rite. Some other adjuncts of this picture — the red robes
embroidered with sunbeams, the arras and legs clothed with clouds and
lightning, the pendants from the arms, the blue and red armlets,
bracelets, and garters — have ali'eadj" been described when sijeaking of
the second picture. The object in the left hand is a wand of spruce.
173. The rainbow which incloses the picture on three sides is not the
anthropomorphic rainbow. It has no head, neck, arms, or lower ex-
tremities. Five white eagle illumes adorn its southeastern extremity.
Five tail plumes of some blue biid decorate the bend in the southwest.
KAU OF ETHNOLOr.Y
FIFTH ANNJAI. REPORT PL r/II
JutiiuBx-KlloLiU..
THIHD UHV- FAINTING
MAITHEVV6.] THIRD AND FOURTH GREAT PICTURES. 451
The plumes of the red sbafted flicker {Colajjtes anratus var. mexicanus)
are near the beud in the northwest and the tail of the magpie termi-
nates the northeastern extremity. Throughout the myth, it will be
remembered, not only is the House of Dew-Drops spoken of as adorned
with hangings and festoons of rainbows, but many of the holy dwell-
ings are thus embellished.
17J:. The Fourth Picture represents the kdtso-yisgan, or great
plumed arrows. These arrows are the especial great mystery, the
potent healing charm of this dance. The picture is supposed to bo a
fac simile of a representation of these weapons, shown to the prophet
when he visited the abode of theTsilke-^igini, or young men gods, where
he first saw the arrows (paragraph 47). There are eight arrows. Four
are in the center, lying parallel to one another — two pointing east and
two others, alternate, pointing weat. The picture is bordered by the
other four, which have the same relative positions and directions as the
bounding serpents in the first picture. The shafts are all of the same
white tiut, no attention being paid to the colors of the cardinal points;
yet in drawing and erasing the picture the cardinal points are duly hon-
ored. Among the central arrows, tjie second from the top, or north
margin of the design, is that of the east; it is drawn and erased first.
The next below it is the arrow of the south ; the third is that of the
west. The one on top belongs to the north ; it is drawn and erased last.
The heads are painted red to represent the red stone points used ; the
fringed margins show the irregularities of their edges. The plumes at
the butt are indicated, as are also the strings by which the plumes are
tied on and the notches to receive the bowstring.
175. The ground of this picture is crossed with nebulous black streaks.
These were originally present in all the pictures. I have omitted theui
in all but this, lest they might obscure the details of the reduced copies-
It has been explained to me (although in the myth it is expressly stated
only in one case, paragraph 40) that all these pictures were drawn by
the gods upon the clouds and thus were shown to the Navajo prophet.
Men cannot paint on the clouds, but according to the divine mandate
they do the best thej' can on sand, and then sprinkle the sand with
charcoal, in the manner indicated, to represent the cloudy scrolls where-
on the primal designs of the celestial artists were painted.
SACRIFICES OF DSILYIDJE QACAL.
17G. The sacrifices made to the gods during these ceremonies consist
of nothing more than a few sticks and feathers, with the occasional
addition of strings and beads — a form of sacrificial offering common
among various tribes of the Southwest, including the sedentary Indians
of the pueblos. During the six days' work in the medicine lodge and
the corral, I saw but one lot of these sticks prepared (paragraphs 80,87);
but I think this lot represented two sets, i. e., sacrifices to two different.
452
THE MOUNTAIN CHANT.
^
f^'
mythical beings. It is, bowevcr, iudieated in tlie myth that acousider-
al)le nnmhcr of these sacritices, called bj' the Xavajo kccaii (Englished,
kethawu), belong to the mountain chant and may properly be offered
during its celebration. I have seen among the Kavajo a few varieties
of these devotional offerings and I have obtained descriptions of many.
Although I cannot rely ou the minute accuracy of these desgriptious, I
will present Ihem for such value as they may possess in illustrating
the general character of this system of worship, a system which might
profitably occupy for years the best labors of an earnest student to
elucidate.
177. Fig. 58 represents a kethawu belonging, not to the mountain
chant, but to the kledji-qayal, or chant of the night. It is sacred to the
Youth and the Maiden of the Eock Crystal,
divine beings who dwell in Tsisnatcini, a
great mountain north of the Pueblo of Jemez.
The original is in the Xational Museum at
"Washington. It consists of two sticks coated
■with vrhite earth and joined by a cotton
string a yard long, which is tied to each stick
by a clove hitch. A
black bead is on the cen-
ter of the string; a tur-
V.^^I^SK?' key feather and an eagle
l^MM^^^A feather are secured with
"^^ " ' tlie clove hitch to one of
the sticks.
178. Fig. 5!) depicts a
kethawn jjertaining also
to the kledji-qa5al. It
is called ke9an-yal^-i', or
talking kethawn. The
sticks are willow. The
one to tlie left is p.iinted
black, to represent a male
character (Qastcebaka)
in the myth and ceremo-
ny of kl^dji-qajal. The
other stick is painted
blue, to denote a female
character (Qastcfebaad)
in the same rites. The
blue stick has a diagonal
facet atthe top toindicate
the square topped female mask (paragraph 168). The naturally round
end of the black stick sufficiently indicates the round male mask. The
cord wrapped around the two sticks is similar to that described in the
Siicrificial sticks
(kccj.'iD).
Tlie talting
(ke5an-yalci').
ketbiwn
BUREAU OF ETHNOLOGY
aaebBukkibaB^
\„„U„tUf/W'1f^*'H>f>»»»"*^">'
FIFTH ANNUAL REPORT PL. XVffl.
I
\ --■
III
I II
I I I
t t
411
|MMI
III
'I
.luliukftinixro 1.1(1.
FOUf^TH DRY-PAINTING
MATTHEWS] SACRIFICES OF DSILYIDJE QA^AL. 453
imragrapb iuimediatelj' preceding. About the middle of the cord is a
long white shell bead, shown in the cut. The breast feathers of the
turkey and the downy feathers of the eagle are attached to the sticks.
This ketliawn I saw once in the possession of a Navajo qa§ali. I was
permitted to sketch it, but could iiot purchase it. The interpretation
given of its symbolism is that of the qagiili who owned it. In the myth
of kledji qaQal it is said that the beneficent god Qastceel^i used this
kethawn when be removed from the prophet Co the evil spell which
had been cast on the latter by the wind god.
179. In Schoolcraft's Archives of Aboriginal Knowledge, Philadel-
phia, ISGO, Yol. Ill, page 300, is a cut illustrating an article undoubt-
edly of a similar nature to that shown in Fig. 59. It is a sacrificial
plume stick of the Moki. The Moki interpreter explained to Mr. School-
craft that it contained a message from the Indians to the President
and the particulars of this message are fully set forth in his text. At
first I doubted if the object could have any other purpose than a sac-
liticial one and was inclined to discredit the statement of the Moki inter-
preter. But on learning that the Navajo had a similar arrangement of
sticks and feathers, which was called by the significant name of ke^au-
yalgi', or talking kethflwu, I was more inclined to believe that some of
these kethawns may answer a double purpose and be used to convey
messages, or at least serve as mnemonic aids to envoys.
ISO. The cac-bikeg^n (bear kethawn) spoken of in the myth consisted
of two sticks, each a span long, one painted black (male), the other
painted blue (feniale). Each had red and blue bands at the ends and.
in the middle. There were no feathers or beads. (Paragrax)h 40.)
181. The gloi-bike§an, or sacrifices to the weasels, were four in numbir,
two yellow and two white. lu preparing the sticks one end was always
to be held to the north, the other towards the south. At each end a
narrow circle of red and a narrow circle of blue were painted; the red
being to the north, i. e., outside of the blue at one end and inside of it.
at the other. The weasel men directed that the sticks should be buried
jn the ground in the same direction in which they were held when being
made, lying from north to south with the outer red ring at the north.
(Paragraph 41.)
182. Four sticks pertained to the klictso-bikegan: one was black, with
four white deer tracks painted on it; another was blue, with four yellow
deer tracks; a third was white, with four black deer tracks; the fourth
was yellow, with four blue deer tracks. The Great Serpent said to the
Navajo prophet : "There are certain moles who, -when they dig in the
ground, scatter the earth in a long winding heap like the form of a crawl-
ing snake. In such a heap of earth will you bury these kethawus."
(Paragraph 12.)
183. There are two sticks belonging to the kethawn of the lightning
god (i^ni'bikejan). One is black, with a white zigzag stripe from end
454 THE MOUNTAIN CHANT.
to end; the other blue, with a yellow zigzag stripe from end to eud.
(Paragraph 43.)
18i. The Ests^u-figiui, or Holy Women, showed the prophet but one
kethawn stick. It was painted white and decorated with three pairs
of circular bands, red and l)lue, the blue in each case being next to the
body of the i)ainter while he holds the stick iu decorating it. This
kethfiwn must be buried at the base of a young spruce tree, with the
first blue circle next to the tree. (Paragraph 45.)
185. Four sticks were shown by the Tcikecac natlehi. They, were
black, sprinkled with specular iron ore to make them shine ; decorated
with three pairs of bands, red and blue, ai)plied as in the kethawns
of the EstSc\n (figini ; and buried under a young pifion, with the first
blue band or circle next to the tree. (Paragraph 46.)
186. The two ketli^wns seen by Dsilyi' Neyani at Big Oaks, the
home of tiie (J'iginyosini, were both banded at the ends with blue and
red and had marks to symbolize the givers. One was white, with two
pairs of stripes, red and blue, running lengthwise. The other was yel-
low, with many stripes of black and yellow running lengtliwise. (Para-
graph 49.)
187. At Last Mountain, the home of the skunks, two kethawns, evi-
dently intended to symbolize these animals, were shown to the jii-ophet
and his divine companions. Both the sticks were black: one had three
white longitudinal stripes on one side; the other had three longitud-
inal rows of white spots, three spots in each row, on one side. (Para-
graph LO.)
188. The two sticks shown by the squirrels, Glo'dsilkai and Glo'dsil-
jini, were painted blue, sprinkled \vith specular iron ore, and surrounded
at the ends with red and blue bauds. One was to be planted at the base
of a pine tree and one at the base of a spruce tree.
189. At Dsilyft-igiu the porcupines exhibited two kethawns. They
were very short, being equal in length to the middle joint of the little
finger. One was black and one was blue. Each had led and blue ter-
minal bands and each had a number of white dots on one side to rep-
resent porcupine quills. "Bury them," said (JJasani, "under a pinon
tree." (Paragrapii 52.)
190. At Qo^estso four kethawns, rather elaborately decorated, were
shown. Two were half white and half black, the black part having
white spots and the white part having black spots on it. The other
two were half blue and half yellow, the yellow being spotted with
blue and the blue with yellow. There were red and blue rings at the
ends. (Paragraph 53.;
191. Tlie Tfike-figini showed their visitors two kethawns, one black
and one blue. Each was a span long and was surrounded with three
pairs of bands, blue and red, put on in the manner observed in making
the kethawns of the Estsan-(figini. (Paragraph 184.) To the center of
the black kethawn five blue feathers were tied. To the center of the
MATTHEWB.]
SONGS OF DSILYIUJE QA^AL.
455
blue ketb^wn five yellow feathers were fastened. Five black beads were
interred with tbc black stick — one tied to tbe center, one stuck in the
end, and tbree laid loose in the ground. Five blue turquoise beads
were similarly buried with tbe blue stick. Such ketbawns must be
buried at tbe foot of a spruce tree, with the beads towards tbe mount-
ains of (|'epentsa. By "bead" is meant tbe end held tbe farther from
the body of tbe painter when the paint is applied, tbe end having the
red band at its extremity. (Paragraph 54:.)
ORIGINAL TEXTS AND TRANSLATIONS OF SONGS, &C.
192. The songs of tbe dsilyidje qacal are very numerous and their
recitation is governed by many rules, a few of which only have been
discovered by tbe writei'.
193. A list has beeu recorded of thirteen sets of songs which may
properly be sung at night in the medicine lodge, when the ceremonies
of tbe day are done, and in the corral on the last night, when there is
110 special song in progress pertaining to a particular alili or dance.
The list which follows exhibits the order in which these songs may be
sung on any ))articular night. For example, if tbe singers begin with
a song from set III, they cannot follow immediately with a song from
sets I or 11, but must select from some of tbe following sets, as set IV
or Y. Again, in each set the songs have a certain order of sequence
which must not be reversed. For convenience these will be called
SONGS OF SEQUENCE.
Iiidi-.in uame of set.
Eii";lisli uame of set.
3 2
I.
II.
III.
IV.
V.
VT.
VII.
VIII.
IX.
X.
XI.
xn.
XIII.
Atsdle'i Bigin
Tsiutso Bigin
^iepe Bigin
I'(I:ni' Bigin
Tsilkfe(|iglui Bigin
Tcikfe-cac-niitlelii Bigin
Dsil.y i' Neyaui Bigin . . . .
Tsilhagin
Nabikai-gin
(/Jasani Bigin
Nanisfe Bigin
Tain^i'ilfiYi Bigin ,
Yikai-giu
Total.
Songs of the First Dancers
Songs of tbe Great Stick, 'or Pliimetl Wand.
.Songs of tbe Mountain Sbeep
Songs of tbe Ligbtning
Songs of tbe Holy Young Men
Songs of Young Women Wbo Become Bears
Songs of Reared Witbin the Mountains
Awl songs
Whitening songs
Songs of tbe Porcupines
Songs of the Plants
Songs of the Exploding Stick
Daylight songs
IG
12
1-2
1-2
12
1(>
8
8
26
If)
161
456
THE MOUNTAIN CHANT.
19i. Besides those referred to in the above list, there are more which
are appropriate to diifereut acts in the ceremony, such as tlie sougs snug
at the obliteration of the pictures, at the building of the corral, at the
departure of the akauiiiili, &c.
I'Jj. In some cases a uumber of sougs in the same set are nearly alike ;
the addition or substitution of one verse, or even of one word, may be
the only difterence. Such songs usually follow one another iu imme-
diate succession ; often, ou the other hand, we find a great variety in
subject and iu style.
190. Some songs are self-explanatory or readilj- understood, but the
greater uumber cannot be comprehended without a full knowledge of the
mythology and of the symbolism to which they refer; they merely hint
at mythic conceptions. Many contain aichaic e:;pressions, for which the
shaman can assign a meaning, but whose etymology cannot now be
learned; and some embody obsolete words whose meaning is lost even
to the priesthood. There are many vocables known to be meaningless
and recited merely to fill out the rhythm or to give a dignified length to
the song. For the same reasons a meaningless syllable is often added
or a significant syllable duplicated.
197. Other poetical licenses are taken, such as the omission of a syl-
lable, the chauge of accent, the substitution of one vowel for another.
The most familiar words are often distorted beyond recognition. For
these various reasons the task of noting and translating these songs is
one of considerable difliculty.
198. FIRST SONG OF TUE FIRST DANCERS.
Qani& qa6 yafe, qauife qao jah
Qauife ie oayfe oajfe.
1. Qailjiuiiia qao ya^,
2. KaQ dsil ^ilhjili qa6 ya&,
3. 'Qaltsoii tseii qao ya&,
4. Cija cig^lgo qao yafe.
Nahi iui elii oay&, niibi mi fehi oiihfe.
9. Qacljiniiia qao ya&,
10. Kaf ilsil litso'i qa6 yafe,
11. Bitselitsiii qao yae,
12. Cija cigi^lgo qaci yafe.
NiShi iui, etc.
5. Niqoyastcailje qai) yafe,
6. Kag dsil foliji qai) yafe,
7. Kini bitseii qao j'afe,
8. Cija cigfelgo qao yafe.
Nahi iui, etc.
13. Niqoyastc^dje qao ya&,
14. Kag dsil lakaie qao yafe,
1.5. A'a'i tsfee qao ya6,
16. Cija cigfelgo qao yafe.
Niilii iui, etc.
199. Translaiion. — 1,9. QadjiuM, "Place-wliere-tliey-came-up," a locality in the
San Juan Mountains wiiere, according to their mythology, the Navajo emerged
from the lower world to this. 5, 13. Niqoyastcadje, another name for Qadjinai. 2, 6,
10, 14. Kaf, now; dsil, mountain; ^ilhyili, black; foliji, blue; litsoi, yellow; lakiie,
white. These verses refer to four mountains surrounding Qadjinai, which are desig-
nated by colors only to indicate their topograpliical positions. 3, 7, 11, 15. 'f altsoi=
afa litsiM, "yellow wing,'' a large bird of prey; kini, hen hawk; bitselitsoi, "yellow
tail,'' a bird of undetermined species; a'a'i, magpie; tse, a tail ; bitse, its tail. 4, 8,
12, IG. Cija, my treasure; cigel, my desideratum, my ultimatum, the only thing I
MATTHEWS.]
SONGS OF SECjUE>;CE.
457
will accept. Wheu supposed to Lo said by a god, a.s iu this song, It meaus the par-
ticular sacrifice which is appropriate to him. In this case probably the feathers
spokeu of are "cigel" and the luouutains '-cija." The refrain "qao yae" is a poetic
modification of qaa', it looms up, or sticks up, said of some lofty object visible in
the distance, whose base cannot be seen.
200. Free translation.
Place-\vhence-they-came-up looms up.
Now the black mountain looms up.
The tail of the " yellow wing" looms up.
My treasure, my sacrifice, loom up.
Laud-where-they-moved-out looms up.
Now the blue mountain looms up,
The tail of the hen-hawk looms up,
My treasure, my sacrifice, loom up.
Place-wheuce-they-came-up looms up.
Now the yellow mountain looms up,
The tail that is yellow looms up.
My treasure, my sacrifice, loom up.
Land-where-they-moved-out looms up,
Now the white mountain looms up.
The tail of the magpie looms up.
My treasure, my sacrifice, loom up.
201. FIRST SONG OF THE MOfXTAiy SHEEP.
1. Yiki (;asizini,
2. Kag Tsilke-^Hgini,
3. Kaf katso-yis?aui,
4. Tsi^a baallli,
.5. Bija-ye<figingo.
(5. Kav Tciki' v''oi"'i
7. Katsoyc yisfani,
8. Yiki (('asizini,
9. Tsiifa baiilili,
10. Bija-ye^:igingo.
2U2. Truitslation.—l, 8. Yllii, upon it; ((asizin, he stands on high. 2, G. Kaf, uow;
tsilke, young man ; tcike, young woman ; "figiui, holy. 3. Katso-yis<;;1u, the great
plumed arrow; katsoye yis^an, with the great plumed arrow. 4,9. Tsii,'>a, truly,
verily; baiilili, an alili, a show, a rite, or implement used in a dance for him. 5,
1(1. Bija, his treasure, his special property, his peculiar belonging; ye, with, a prefix
forming nouns which denote the means; i>igingo, iiositively holy or supernatural.
Bija-ye^iigingo might be translated " charm " or " talisman."
203. Free trannlation.
Ho stands high upon it ; ' Verily his own sacred implement.
Now the Holy Y'ouug Man [ Y'oung Woman, i His treasure, by virtue of which he is truly
in second stanza], | holy.
With the great plumed arrow, 1
l.'(i4. A reference to tlie itiyth and the description of the ceremonies
will probably be siififlcieut to give the reader an understanding of this
song. This set of songs, it is said, was first sung by the black sheep
which stood on the rock as a sign to the Xavajo fugitive ; hence the
name. (See paragraphs 35, 47, 48, 54.)
20.5. SIXTH SOXG OF THE MOUNTAIN SIIEKP.
Biuavoi'Jliie [four times] oiiyehe oohe.
1. Ka? Tsilke-(,'igini,
2. Ca'bitloli yce,
3. Tsi<';i bialili,
4. Bija ye(fioingo,
5. Binaijoiiliie oiiyehe oiihi^.
6. Kaf Tcike-i|;iglni,
7. Natsilifi yee,
8. Tsiif'a bialili,
9. Bija yei;''igingo,
10. Binatoiihie oiiyfehe oohfe.
458
THE MOUNTAIN CHANT.
20G. Translation. — 1, (i. Kai;, now ; tsilke, young man ; tcikfe, young woman ; ^iglni,
holy one, god or goddess. 2. Ca'bitlol, sunbeam, sunbeams; ye, with. 3, 8. Tsif^a,
verily; bialUi (paragraph 3), his dance or sacred implement. 4, 9. Uija, his special
property, his treasure ; yefigingo, that by means of which he is ^igin, i. e., holy or
supernatural. 5, 10. Binafola, it is encircled. 7. Natsilif, the rainbow.
"207. Frea translation.
Now the Holy Young Man,
With the sunbeam,
Verily his own sacred implement,
His treasure which makes him holy,
Is encircled.
Now the Holy Young Woman,
With the rainbow,
Verily her own sacred implement,
Her treasure which makes her holy,
Is encircled.
208. Which i.s to say that the great plumed arrows which they bear
are adorned with suubeaius and rainbows. They " shiue in glory." (See
references in paragraph 20-t.)
200. TWELFTH .SOXG OF THE MOON'T.\iy SHEEP.
1. Nayuniini tcfenia,
2. Kaf biffei'ltsos tctmia,
3. Biqol^'i'go, tcfenia.
4. Nayunaui tceuia,
"). Kay bifenackoji tcfenia,
ti. Biqolpfego, tceuia.
210. Translation. — 1, 4. Nayuuani, again on the other side, i. e., across two valleys.
2. Biffe, his horns; iltsos, slender; biyfe'iltsos, slender horns, i.e., the deer, by ineton-
omy. 3, 6. Biqolg&go, it is becoming to liim. 5. Biffe, his horns; nackoj, turgid,
fiUedouf, stufted ; biffenackoji, turgid horns — metonyuiically, the mountain sheep. Oris
monlana. The refrain, tcfenia, he appears, he comes in sight.
211. Free translation.
Far beyond he appears ;
Now "Slender Horn" appears.
His antlers are becoming. He appears.
Far beyond he appears ;
Now "Turgid Horn" appears.
His horns are becoming. He appears.
212. This song, it is said, refers to the time when the prophet saw
the vision of the black sheep on the rock. ( Paragraph 3o.) The reason
for introducing the deer into the song is not obvious.
213. FIRST SOXG OF THE THUXDEI!.
1. 5o"ii! Cona! A'aiyi^he oiih^ [repeat],
2. Yiiyakoi') ani' ;
3. I'(|!ni'djiiJ ani' ;
4. Kos (( Ihyil biyi'dje,
5. Nabiza? qolego,
6. ^Jona! ^'ona! A'aiyfebe oiihe.
7. Cona! Cona! A'aiyehe oiihh [repeat],
8. Yiiyakoo aui' ;
9. Auilfani ani' ;
10. N'nniso bivqilko,
11. N.abizay qolego,
12. ^'ona ! Cona! A'aiyfehe oiihe.
214. Translation. — 1, 6, 7, 12. ^bua, an imitation of the thunder, not a word.
2, 8. Y'iifako, above ; yiiyako, below ; aui', any bound, the sound of the voice. 3. I'^.-
ni'dji, pertaining to the thunder. 4. Kos, cloud ; (filhyil, black, dark ; biyi'dje, withiu,
or toward within it. 5, 11. N:\bizaQ qolfego, again and again sounds his moving voice.
9. Auilfani, .a general name for large meadow grasshoppers. — 10. Nanise, plants in
general ; biyqilko, in among them.
MATTHEWS. I
SONGS OF SEQUENCE.
459
215. Free translation.
Thonah! Tbonali ;
There is a voice above,
The voice of tlie thunder.
Within the dark cloud,
Again and again it sounds,
Thonah! Thonah !
Thonah! Thonah!
There is a voice below,
The voice of the grasshopper.
Among the plants,
Again and again it sounds,
Thonah ! Thonah !
216. TWELFTH SONG OF TIIK THUNDER.
1. Yh^akoo ani'i ;
2. I'^ni'djie ani'i ;
3. Kos ^lilhyil bivi'dje,
4. Nubizaf qol&go,
5. Beqojbnigo ani'i, oiihe
Aiena.
Beqojonigo aui'i [four times] oiihe.
6. Yfijakoii aui'i ;
7. Anil^iini ani'i ;
8. N^nise bifqako,
9. N^biza? qolego,
10. Beqojonigo ani'i, oohe.
217. Translation. — Aiena, a meaningless beginniug to many songs, which may be
omitted. 1. Yfivako, above. 2. I'liui'dji, pertaining to the thunder. 3. Kos, cloud;
^■ilhyil, dark; biyi'dje, within it. 4, 9. Nilbizaf, his voice again, his voice repeated;
qolego, sounds along, .sounds uioving. 5, 10. (Be, a jiretix forming nouns of the cause
or instrument ; qojinii, local or terrestrial beauty ; go, a sutfis to qualifying words) ;
beqojonigo, productive of terrestrial beauty ; ani', a voice, a sound. 6. Yiiyako, below.
7. Aniltslni, grasshopper. 8. NSuise, plants; bi^q^ko, in among them.
218. Free tranalution.
The voice that beautities the land!
The voice above;
The voice of the thunder
Within the dark cloud
Again and again it souud.s.
The voice that beautifies the laud.
The voice that beautifies the lamll
The voice below ;
The voice of the grasshopper
Among the plants
Again and .again it sounds.
The voice that beautifies the laud.
219. FIRST SONG OF THE HOLY YOUNG MEN, OR YOUNG .ME.N GODS.
1. Ooc "tqa uagaie,
2. Kaf Tsilk&-^*igini,
3. Dsil </-ilhyil biyagi,
4. Biyiji nail6.
5. Aie 'fqa nagaie,
0. Kaf Tciko-ifigiui,
7. Dsil foHj biy.agi,
8. Biyaji naile.
220. Translation. — 1,5. '9qa^bi(,'qa, amid or among them; nagai, that, there.
2. Kaf, now; Tsilk^-(figini, Holy Young Man; Tcike-^igini, Holy Young Woman.
3, 7. Dsil, mountain; (tilhyil, black; tolij, blue; biyagi, at the foot of, at the base
of. 4. 8. Biyaji, his child; nailfr, he lays down, he leaves.
221. Free translation.
There amid [the mountains],
Now the Holy Young Man,
At the foot of the black mountain,
Lays down his child.
There amid [the mountains],
Now the Holy Young Woman,
At the foot of the blue mountain,
Lavs down her child.
222. The cliaracters of T.silke-^igiui and Tcike figiui are in the myth.
The black mountaiu pertains to the male, the blue to the female. Al-
though not told with the rest of the myth, it was subsequently related
to the writer that Tsilke-ifiglni said to the prophet, " Whoever learns
460
THE MOUNTAIN CHANT.
our sougs will thencefortli be our child." Tbe above soug, it is said,
Las some ret'ereuce to this promise; but a fuller explanation, no doubt,
remains to be discovered.
323. SIXTH SONG UK THE HdLY YOUXd MEN.
Alena.
Altsilcie Oigini oijhi.
1. Altsacie (tigini, altsilcR: ^iglui, altsaciij
^igiui oiihfc.
•2. Kag Tsilkt'-^^igmi, bakilgiii yigini,
:!. D,sil ('ilhyili er, bak;\gie ^:igini,
4. Tsiutso'i (|'ilbyili e bak;\gie f igini,
5. Tsif!a bialili, bija ye^jigingo, bak^giti
Cigiui, oohfe.
AltSilcie vigiui ouLc'.
(i. Altsacie ^iigiui, altsacie "igiui, altsacie
"I'igiui oohh.
7. Ivaf Teike-^igini, bakagie <:iglni,
8. Dsil i'oliji ee, bakagiii (':ig"mi,
'J. Tsiutsoi foHji, bakagie ^iiglni,
10. Tsi(Sa bialili, biia yecfigingo, bakigiij
cigiiii, oohfe.
•224. Translation. — 1, C. Altsacie, ou each side ; vig'iui, a holy one, a god. 2, 7. Kac,
now ; tsilke, youug man ; tcike, young woman ; bakilgi, ou the summit, ou top
of it. 3, 8. Dsil, mountain; ifilhyil, dark, black; folij, bine. 4, 9. Tsiutso'i,. great
stick, a notched stick used as a musical instrument in the dance. 5, 10. Tsi^'a bialili,
truly his dance implement ; bija yecfigiogo, his holy treasure, his talismau, his charm,
his magic waud.
225. Free trauslatioii.
There's a god ou each side.
Now the Holy Youug Man
Is the god on top of the black mountain.
With his black notched stick.
The implement of his dance, his magic
waud.
i There's a god ou each side.
I Now the Holy Youug Woman
Is the god on top of the blue mountain,
With her blue notched stick,
i The implement of her dance, her magic
waud.
220. This song- is said to refer to that i)art of the myth where it is
related that the prophet, dying from the Ute, climbed a hill which was
transformed into a mountain. (Paragraph 38.) Each mountain was
suppo.sed to have a holy one on it, who could, by means of his notched
stick, produce the metamorphosis. The mountains were not necessarily
colored black and bine, but are thus described to indicate that they lay
north and south of the prophet's path. (Paragraph 171.)
2i7. TWELFTH SONG OF THK HOLY YOL'XG MEN.
Eaiea qala ^la yaiuahe, ocihe.
Efiita qala 61a yainooo yaaa yooo [three times],
Eaifea qiila 61a yainil, qila i51a <iain^he oiihh.
1. Dsil iibyili iuloooo yaaJl yoo6,
2. Tsintsoi ifilhyili inl6oo5 yaaa yet 6.
3. Ci cigelgo yaina,
Qala e'la qainahe oohe.
4. Dsil coliji iul6oo6 yaa^ yoo6,
5. Tsintsoi joliji iuloooo yaaa yeee,
6. Ci cigelgo yaina,
QMa ela qaiuabe oohfe.
228. Translation.— I, 4. Dsil, mouutain ; ^*ilhyil, black; 5olij,blue. 2,5. Tsint86, a
notched stick used in ceremonies to nuike music ; iulo (inla'), they lie there (two long
hard things lie). 3, 6. Cigel, my nltiuiatuni, my desideratum (said of the peculiar
sacrifice which belongs to each god), souiethiug I (the god) will have and accept
nothing in place of it, my special sacrifice.
MATTHEWS.)
SONGS OF SEQUENCE.
461
229. Free translation.
There lie the black mouutaius :
There lie the black sticks ;
There lie my sacrifices.
There lie the blue mountains;
There lie the blue sticks ;
There lie my sacrifices.
230. This is .supposed to be a part of the instructions which the Holy
Young Men and Holy Young Women gave to the prophet. The tsintso
is made of cherry, which grows only on high mountains ia the Navajo
country. The sticks are painted black and blue. (See paragraph
171.) The song alludes to all these facts.
231. EIGHTH SONG OF THE YOUNG WOMEN WHO liECOME BEARS.
5oij.'igiai(j:a oy^be oohe,
t!o^ugiQi<fa oyi oyii ooyjya
Haiyaya hiiiy^ya haiyahe, otiht-.
1. Kaf Tsilkfe-^iginio 50(^igiuifa haiyahe,
oohe,
2. BitsiDtS()ie iii 5O<|':|gin0a haiyahe oiihe,
3. Tsii'a bialilie bija-ye^igiuie, oyfi oyi,
oy&ya,
Haiyaya hfiiyd.ya haiyahe, ooht>.
QoAiginiil'a oyaUe, oohe,
^'o^ilginiifja oya oya ooyilya,
Haiyaya haiyaya haiyahe, oohfe.
4. Kaf Tcikfe-i|!iginii? to0igiQ(<|'a halyilhe,
oiihe,
5. Bitsintsbie ii- fo<figiu^^a haiyahe ooh&,
6. Tsl^;a biiililiii bija-yc^igiuie, oyil oy^,
oy^ya,
Haiyaya haiyaya haiyahe, oob&.
232. Translation. — Qo^iigiui^a, 50(,Mgiu^a, he is not a god; it is not holy; it is not
divine. 1, 4. Kaf, now; tsilke, young man; tcike, young woman; $iglni, holy, su-
pernatural. 2, 4. Bitsintsoi, his great notched stick. 3, 6. Tsi$a, verily; bialili, his
implement of the dance or rite; bija-ye^iglni, his treasure which makes holy; his
magic wand.
233. Free translation.
The Holy Youug Man is not divine ;
His great notched stick is not holy ;
His magic wand is not holy.
The Holy Youug Woniau is not divine ;
Her great notched stick is not holy ;
Her magic wand is not holy.
231. This is supposed to refer to an altercation between these two
gods, in which they tried to belittle each other.
235. I have another song of this seiies, in which the idea is conveyed
that their powers depend on their magic wands or notched sticks.
230. ONE OF THE AWL SONGS.
Owe ()we owe yaui yai owa" ua <a [repeat three times],
Owe owe \ni ilhe oiihfe.
1. 'Ke'Cac-natlfshi natcagahi,
2. Kaf dsiil filhyili bakagi natcagahi,
3. Kaf ni" inziif iufl foholuiV:a ona,
4. Kaf ni' iuzaf iufi fouibvia ona.
5. Tcik6-(j:igini natcagahi,
6. Dsil foliji bakagi natcagahi,
7. Kaf ni' iuzaf iufi, foholni(fa oua,
8. Kaf ni' iuziif iufi, fonii>i;^i ona.
237. Translation. — 1. Ke, an abbreviation of tcik^ ; Tcike-cac-natlehi, maiden who
becomes a bear; natcaga', slie travels far, she walks or wanders far around. 2. Kap,
now; dsil cfilhyil, bl.ack mountain; bakagi, on top of. 3, 4, 7, 8. Ni', earth, laud;
inziif, distant; iufi, it lies, it stretches; foholuii|;a, seems not to be; fonift^a, not ob-
scure or dim like n faint distance. 6. Dsil foliji bakilgi, on top of the blue mount-
462 THE MOUNTAIN CHANT. ,
238. Free Iranslalion.
The Maid Who Becomes a Bear walks far The Holy Young Woman walks far around
arouiul Ou tlie bhie mountains, she -walks far
On the black mountains, she walks far around.
around. Fur .spreads the land. It seems not far
Far spreads the land. It seems not far ! [to her].
[to her]. Far spreads the land. It seems not dim
Far spreads the land. It seems not dim [to her].
[to her]. ;
239. FIIIST SONG OF THE EXPLODING STICK.
Aiena.
Aieya aia aieya ife efe ieee [three times] ie la".
1. 'Ke-cac-uiItlJihi dsilyi' eiifilko" ie na", [ 3. Qabascini 90'yi' ^l(filko" ie na",
2. Dsilyi' ?!olkdlko"; dsil beko"nigeiena", 4. Co'yi itolkblko"; 5o'beko"nite ie na",
Ie na" yah&, haia ie na" ai. I Ie na" yahii haia ie na" a'i.
240. Tianslalion.— l, 3. 'Ke-cac-natlehi^Teikfe-cac-niltlehi, Young Woman Who Be-
comes a Bear; ^abasfiu, the Otter; ^iifilko", he or she set on fire in many places. 2,
4. Dsil, mountains; dsilyi', in the mountains; qo', water, waters; 50'yi', in the
waters ; tolkolko", he set on fire as he went along ; beko"ni?e, its fires in a line, i ts stri ng
of fires.
241. Free translation.
Young Woman Who Becomes a Bear set j The Otter set fire in the waters
fire in the mountains In many places; as he journeyed on
In mauy places ; as she journeyed on There was a line of buruing waters.
There was a line of burning mountains. |
242. It is related that iu the ancieut days, during a year of great
droiiglit, these holy ones, on their way to a council of the gods, set fire
to the mountains and the waters. The smoke arose in great clouds,
from which rain descended on the parched land. The song alludes to
this legend.
243. LAST SONG %F THE EXPLODING STICK.
Hife ieefe uaaifl ai^ i a ai a" a" [twice] ie.
1. Tcikfe-cac-nfltlehie liigini qayik^lgo; ; 5. Ka? Tcikt- <;igiui «if;ini qayikalgo; bd,-
b^uiya al^. 1 niya ai6.
2. Dsil aga ^azagii- 0it;iuiqa}ikalgo; ba- ! 6. Kos aga ifaz^gii' ^igini qayikalgo ; b^-
niya aife. ! niya fiife.
3. Tsi<:a ci cigfeliye 6igini qayikalgo; b^- 7. Tsit'^a ci cigfeliye ifigini qayikalgo; bi-
nlya aie. uiya aife.
4. Y^nc «oold,negoo (j^isitsaaye. | 8. Y.1,ue (ioolilnegoo (fisitsaaye.
Hie ieefe naaia, etc. | Hie ieee uaiiiil, etc.
244. Translation.— l,b. Tcikfe-cac-n^tlehi.YoungWomanWhoBeeomcsaBear; Tcikfe-
^igiui, Holy Young Woman, or young Avoman goddess; ifigini qayikrll, she journeyed
seeking the gods; biiniya, she found them, she met them. 2, 6. Dsil, mountaius;
kos, clouds ; aga, peak, summit ; ^aza', mauy pointing upwards ; (dsil aga ifazagi, on
many mountain peaks). 3, 7. Tsiifa, truly or true ; cigel, my desideratum, my special
sacrifice. 4,8. (/;ool;\ne^<:oolaifa, someone does not believe it ; ^isits^, I have heard ;
y^ne and other vocables are meaningless.
MATTllEWB.I
SONGS OF SEQUENCE.
463
245. Free translation.
Maid Who Becomes a Bear sought the gods
.and found them ;
On the high mountain peaks she sought
the gods and found them ;
Truly with my sacrifice she sought the
gods and found them.
Somehody doubts it, so I have heard.
Holy Young Woman sought the gods and
found them;
On the summits of the clouds she sought
the gods and found them ;
Truly with my sacrifice she sought the
gods and found them.
Somebody doubts it, so I have heard.
246. These sougs are accompauied, iu beating the drum, with a
peculiar sharp strilie like a sucUleu oiitbnr.<t or explosion. Hence, they
say, the name, Tsinfili^oi Bigiu.
■^47. FIRST DAYLIGHT SOXG.
^'ahiz^ile, tahiz^ile, ya ahaia la" [four times].
1. Kag Yikiii-acike fahiz^ile, yaahai&,la",
2. Qaiyolki'il^ie y:ihiz(file. ya ahaii\ la",
3. Bitsidje yolk.algo tahiz(!ile, ya ahaiS,
la",
4. Bik6c^eyolki\lgOfahiz<file, yaahai^la".
5. Bitsiilje qojog" tahiz0ile, ya ahaii la",
6. Bikeci|'e qojogo fahiz^ile, ya abaia la".
7. Bizaf ^e qojogo pahiz^ile, ya ahaijl la"".
Qahizifile, fahizv;ile, etc.
8. Kaf yikai-aftf, <jahiz^Ue, ya ahaitl la",
9. Naqotsoii^e jahizffile, ya ahaia la".
[Verses 3 to 7 are hero rei)eated.']
Cahiz^ile, fahiz^ile, etc.
248. Translation. — 5ahiz^ile = fahiz^el, it hangs as a curtain or festoon; it hangs
supported at both ends, i. e., the white curtain of dawn so hangs. I. Yikai-acik&,
the Daylight Boy, the Navajo dawn god. 2. Qayolk,M(fe, from the place of dawn.
3. Bitsidje, before him ; yolkalgo, as it dawns, as the night passes away. 4. Bikfecfe,
from behind him. Qojogo, in a beautiful (earthly) manner. 7. Bizilf^e, from his
voice. 8. Yikai-afef, the Daylight Girl — the dawn goddess. 9. Naqotsoi^e, from the
land of yellow light (horizontal terrestrial yellow).
249. Free Iranstalion.
The curtain of daybreak is hanging,
The Daylight Boy (it is hanging),
From the laud of day it is hanging;
Before him, as it dawns, it is hanging;
Behind him, as it dawns, it is hanging.
Before him, in beauty, il is hanging;
Behind hiui, in beauty, it is hanging ;
From his voice, in beauty, it is hanging.
The Daylight Girl (it is hanging),
From the land of yellow light, it is hang-
ing, &c. (substituting her for him and
his).
250. LAST DAYLIGHT SONG.
Loleyfee, Loleyfee.
Loleyfee, Loleyfee.
1. Qayolkilgo, Loleyfee. I
2. Kag Yikfii-acikee. Loleyee. i
Loleyee, Loleyee. Yahaiee, qanaai. |
Loleyfee, Loleyfee.
Yahiiiee qanaai.
3. Kaf a(fa yiskilgo.
4. Kaf Yikai-afefe.
Loleyee, Loleyee.
Loleyfee.
Loleyee.
Y'ahaiee, qanaai.
251. Translation. — 1. Qayolkilgo, in the place of dawn. 2, 4. Yikai-acike and Yikai-
a?ef, Daylight Boy and Daylight Girl (see paragraph 248). 3. A^a yiskago, it is day
all around. Refrain, loleye, lullaby, a meaningless expression to indicate sleepiness.
252. Free translation.
Lullaby, lullaby.
It is daybreak. Lullaby.
Now comes the Daylight Boy.
Lullaby.
Now it is day. Lullaby.
Now comes the Daylight Girl. Lullaby.
464 THE MOUNTAIN CHANT.
253. As the dajiigbt songs are sung just at dawn, in the corral, be-
fore the dance ceases, their significance is apparent.
OTHER SONGS AND EXTRACTS.
2.54. SONG OF THE PKOPHKT Tl> THE SAX JUAN K1VEH.
4. Bigbyisgo cini' ^:eya'
Hainiyea, etc.
5. Nagai sa" bifoiU, uagai vn'iilinie,
6. Biflijisgo ciui' <|'cya'
Hainiyea, etc.
Aiena.
1. Nagfii goniliuie, uagai foniliuie,
2. Bifliyisgo cini' /(-eyX'
Hainiyfea, ha'iniyfea, iiifee ni5 liaine-
yhhe, oiilife.
3. Nagai fointyfelie, nagai gouiliuie,
255. Translation. — 1. Nagai, tbat; fuuiliui, liowiug water, a river. 2,4,6. Bifhyis
go, across it; cini', my mind; ieyk', it goe.s, or, it comes, it wanders to or from.
3. f ointyfeli, broad water. 5. Sa" bi^o, water of old age.
256. For origin and free translation of this song, see paragraph 22.
257. SONG OF THE BUILDING OF THE DAHK CIKCLK.
Oea oea, ek eh, he he ;
Oek oea, e^ ee^, he he, ee ua" a.
1. Dsilyi' Neyiini, cayolfeli cayoleli ; [ 5. Tcike-^igiui, cayoleli cayol&li;
2. Tcoyaj i|'ilbyili, cayoleli cayoleli ;
3. Tsica allli, cayoleli cayoleli ;
4. Bija ^igingo, cayolfeli cayoleli.
2.'j8. Translation. — 1. Dsilyi' Ney^ni, Reared Within the Mountains, the prophet who
instituted these ceremonies; cayoleli, he carries [something long and flexible, as a
branch or sapling] for me. 2, 6. Tcoyaj, a spruce sapling, diminutive of tco, spruce;
ifilhyil, black ; folij, blue. 3, 7. Tsi^a alili (usually tsi^'a 1ji>alili), truly a dance im-
plement. 4, 8. Bija i|;igingo (usually bija-yecfigingo), a holy treasure, a magic wand.
259. Free translation.
6. Tcoyaj yoliji, cayoli-li cayoleli ;
7. Tsi^;a alili, cayoleli cayolfeli ;
8. Bija cigingo, cayoleli cayoleli.
Reared Within the Mountains carries for
me ;
A black spruce sapling, he carries for me ;
An iniplemeutofthe rites, he carries for me;
The Holy Young Woman carries for me ;
A blue spruce sapling, she carries for me;
An implement of the rites, she carries for
me;
k holy treasure, he carries for me. i A holy treasure, she carries for me.
260. The evergreen poles used in the dance and in making the "dark
circles," to both of which this songprobablyrefers, were,in allcaseswhere
1 have observed them, made of piuon and not of spruce ; but all dances
I have witnessed were at altitudes of about six thousand feet, where
I)ifioii was abundant and .'*pruee rare. In those portions of the Navajo
country with which I am familiar the sjiruce [Psendotsuga douglassii)
grows plentifully at the height of eight thousand feet, sparsely below
that. There is good reason for believing that the spruce is the true
sacred tree of these rites and that the ])irion is only a convenient sub-
stitute. The song is called Ilnasjin Beniyu, "tbat with which the dark
circle is built." It is sung by the shaman at the eastern gate, wiiile the
young men are building the corral. (Paragrai)h li'4.) I liave other
MATTHF.WS.]
OTHER SONGS OF DSILYIDJE QACAL.
4o5
sligiitly dirtcreut vei'sions of it, probably suitable for ditlereut occasious.
The form giveu above is recited, under ordinary circumstances, wben
tlie patient is a woman.
•261. PKAYEK TO DSILYl' NEYANI.
1. Dsilji' Neyiini !
2. Dsil banaf il I
3. Tsilkfe !
4. Naf jlui !
5. NigM icla'.
6. Na^b hila'.
7. Cikf) caii^alil.
8. Citcag caii0ilil.
9. Citsfes caiii(:ilil.
IP. Cini' caiiiiilii.
11. Cine caii^jilil.
12. Qojfigo qaf alfe acijtilil.
13. Citeitlje qdjulel.
14. Cikfejio qojolel.
15. Cizaf qaqojolel.
!(!. Qojoiii qaslfe,
17. Qojoni qaslfe,
IS. Qojoni qaslfe,
lt>. Qojoni qaslfe.
262. Translation. — 1. The name of the prophet. 2. Dsil, mountains, .baua?^, chief
(or master) for them. 3. Tsilkt, young man. 4. Nafani, chieftain. 5. Nigfel, your
peculiar sacrifice, i. o., the kejan ; icla', I have made. 6. Naij^c, a smoke, i. e., the
cigarettes (paragraph 87), for you; hila', is made. 7,8,9,10,11. Cikb, myfeet; citcay,
my lower extremities; citsfes, my body ; cim', my mind ; cine, my voice ; caiiifilil, for
nie restore (as it was before) thou wilt. 12. Qojogo, in a beautiful manner; qa^'illQc,
repaired, mended; acicfilil, restore me thou wilt. 13, 14. Citsidje, in the direction
before me; cike(!e, from behind me; (lojolel, wilt thou terrestrially beautify. 15. Cizip,
my words; qaqojolel, wilt thou personally beautify. 16, 17, 18, 19. Qojoni, in earthly
beauty ; qasle, it is made, it is done.
263. In other prayers, closely resembling this in form, the shaman
adds: "Beautify all that is above me. Beautify all that is below me.
Beautify all things arouud me."
264. The division into verses is that of the chanter. He pronounces
the name in the first line ; the patient repeats it after him. Theu he
gives out the words in the second line, and so on. For free translation,
see pnrngraph 88.
265. .SOXG OF Tim RISING Srx DANCE.
Oouiyaye, oouiyaye oiiuiyahe
y:Uie yahe heyiyofe [twice].
1. Qanaifac(^^e
2. Tsilkfe-cigiui
3. Kittso-yisfiini
4. Ylyolnakoe
5. Qauo qakosko.
6. Tcihanoaie
7. Akos nisinle.
YShe, ydhe e'ia fii.
Oouiyilye, etc.
8. Ina'ivao^e
9. Tcike-iiigini
10. Awetsal-yisfilni
11. yiyolnakije
12. Qana qokosko.
13. Klehanofiie
14. Akos nisinle.
Y^he, yShe e'ia ai.
2G6. Translation. — 1. Qanaifdc^'e, from where it (the suu) rises. 2. Tsilkfe-^iigini,
Holy Y'ouug Man. 3. Katso-yisQiini, the great plumed arrow. 4, 11. Y'iyolna', he
swiiUowed slowly or continuously. 5, 12. Qano qiikosko, it comes out by degrees.
6. Tcihanofii, the sun. 7j 14. Akos nisinf he is satisfied. 8. Inai\-ac(f,e, from where
it sets. 9. Tcik6-i^igini, Holy Young Woman. 10. Aw^tsal-yisyani, prepared or
plumed cliff ro.se, i. e., cliff rose arrow. 13. Klehanoai, the moon.
5 ETH-
30
466 THE MOUNTAIN CHANT.
267. Free translation.
Where the sun rises,
The Holy Young Man
The great plumed arrow
Has swallowed
Aud withdrawn it.
The sun
Is satisfied.
Where the suu sets,
The Holy Young Woman
The cliff rose arrow
Has swallowed
And withdrawn it.
The moon
Is satisfied.
2GS. This song is suug dnriug the dauco or alii desciilted in para
graph 142. The couceptiou of the poet seems to be that, the dauce of
the great plumed arrow having been properly performed, the sun-
should be .satisfied and willing to do the bidding of the dancers, i. e.,
rise when desired, on the pole.
269. INSTRUCTIONS GIVEN TO THK AKXnINILI.
1. 9i' betcdna niliolel.
2. gi' c^a'naniltyel^o.
3. Qi' l)eniqo(fiIsialel. Atbiuigi niz&(fela'.
5. Tsi" etiol ak;\u biVfhyis hyis^inile ; ako
b^fliyis hyisc/dlffCle.
6. Tso' elk^gi ak&,u hyisvinile.
4. (/.'a'yiltsisgo, ^a'bokbgo tse'na akan j 7. Akoi kiitso-yisf^n ; aibiuigi djofile,
hyi8^;inile. I qo(J!igIn(;e behofe(iO(|iilsiu.
270. Tra'nalaiion. — 1. Qi', this ; betc^ua, a thing to rise with (as you progress) ; nili"-
lel, will make for you. 2. Qi', this; ifa'naniltyfeli'O, will carry you along anywhere.
3. Beuiqoifilsinlel, by means of it people will know you ; .libinigi, for this reason, or
purpose ; nize, your neck ; <tela', it hangs (once) around. 4. (Jia'yiltsisgo, at any little
valley (yiltsis, a little valley); <j;a'bokbgo, at any gully or arroyo (boko', arroyo) ;
tse'na, across ; ak^n, meal ; liyis((-inile, he sprinkles always across. 5. Tsi" etlol, tho
root of a tree; akiin, meal; bafhyis, across it ; hyiscinile, he sprinkles across; ako,
then ; hyisii'Ilfale, he steps across. 6. Tse' elkagi, on flat rocks ; ak.an, meal ; hyis-
itinile, he sprinkles across. 7. Akoi', then, nest ; kfttso-yisf ^n, the great prepared
arrow — so says the chanter, but he really refers to the inc^ia', or fobolya, the plumed
wand which akjininili carries ; aibinigi, for this purpose ; djof ile, he carries it (in the
hand); qo<f,igin6e, from a holy place (cigin, holy); behofeqocjiilsin, by means of it
people know him.
271. For free translation, see paragraph 102.
'27'i. PRAYER OF THE PROPHET TO IIIS MASK.
1. C/)a'andje qahaodslgo angfelini, cili". 1 3. Aya^Aa" 50cisyi'goifolelij;a, cili".
2. Hyiniualeui, cili". | 4. Caiiiinilil.
273. Translation. — 1. (JJa'andje, at any time to you ; qahasdsigo, when I spoke ; an-
{feliui, always you made or did it, i. e., granted my request or assisted me ; cili", my
domestic animal, my pet. '2. Hyinin^leni, you were alive (once); cili", my pet.
3. Ayil,"il-a", be sure, take care; fo^^a, negative; cisyi'go, that I die; ifolfel, I desire,
I beg (the divided negative makes one word of the sentence). 4. Caiifinilil, watch
thou for nie, or over me.
274. For free translation, see paragrai)h 27.
MATTHEWS. J
OTHER TEXTS AND TRANSLATIONS.
467
275. LAST WORDS OF THE TROPHET.
1. Aqal^ni, citsili.
■2. Cakailf 0 yo qoi^igin<)e.
3. (/,'a'fonasi(;ilsfel(|:a.
4. (/!a'hoel(,'igo V'a'^^eltci'lgo,
auila dsiuisfnle,
uagaiea ciuiVi
5. Ca'uo'^ilgo ayac in(jd(falilgo, anil^^ui
in^:i(,*aligo nagaiga cina'i binibikfego-
la' ilsinisinle.
27G. Translation. — 1. Aqalaoi, greeting (i'arewell, in this case); citsili, my younger
brother. 2. Cakailfe, for me they have come; ye, the yays, the gods; qo(;igin^:e,
from a holy or supernatural place. 3. ((fa', any, on any occasion, etc. ; 50(fa, nega-
tive; na, again; si(J'ilsel, you will see me) ; <fa'yon.asi(|tilsel^a, you will never see me
again. 4. (^.'a'hoelsigo, on any occasion as the rain passes, i. e., whenever it rains:
^,a'^eltcilgo, whenever it thunderj; nagaiga, in that ; cinai, my elder brother; auila,
is his voice; dsinisinle, you will think so. 5. (^'a'uo'^flgo, whenever they (crops) are
ripening, i. e., in harvest time; ayac, small birds; in(;i<j-alago, of all kinds; auilfilni,
grasshoppers; nagaiga, in that, in those; cinai, my elder brother; biuibikfegola', is
his ordering, his design (the trail of his mind) ; dsinisinle, so you will think.
277. For free tran.slation, see paragrai)Ii 79.
SMITHSONIAN INSTITUTION BUREAU OF ETHNOLOGY.
THE SEMINOLE INDIANS OF FLORIDA.
CLAY MacCAULEY.
469
CONTENTS.
Page.
Letter of transmittal 475
Introduction 477
CH.iPTKI! I.
Personal characteristics 481
Physical characteristics 481
Physiqno of the men 481
Physirjne of the women 482
Clothing 482
Costume of the men 483
Costume of the women 485
Personal adornmeat 486
Hairdressing 486
Ornameiitatiori of clothing 487
Use of beads 487
Silver disks 488
Ear rings 488
Finger rings 489
Silver rs. gold 489
Crescents 489
Me-le 489
Psychical characteristics 490
Ko-nip-ha-tco 492
Intellectual ability 493
CHAPTKlt II.
Seminole society 495
The Seminole family 495
Courtship 496
Marriage 496
Divorce 496
Childbirth 497
Infancy 497
Childhood 498
Seminole dwellings — I-ful-lo-ha-tco's house 499
Home life 503
Food 504
Camp fire 505
Manner of eating 505
Amusements 506
The Seminole gens 507
Fellowhood 508
471
472 CONTENTS.
Seminole society — Continued. Page.
The Senjiuole tribe 508
Tribal organization 508
Seat of government 508
Tribal piifieers 509
Name of tribe ; 509
CHAPTER m.
Seminole tribal life 510
Industries 510
Agricultare 510
Soil 510
Corn 510
Sugar cane 511
Hunting _ 512
Fishing oil!
Stock raising 5111
Koonti 513
Industrial statistics 51G
Arts 51(>
Industrial arts 515
Utensils and implements 516
Weapons 51(i
Weaving and basket making 517
Uses of tbe jialmetto 517
Mortar and pestle 517
Canoe making 517
Fire making 518
Preparation of skins 518
Ornamental arts 518
Music 519
Religion 519
Mortuary customs 520
Green Corn Dance 522
General observations 523
Standard of value 523
Divisions of time 524
Numeration 525
Sense of color 525
Education 526
Slavery 526
Health 526
CHAPTER IV.
Environment of the Seminole 527
Nature '. 527
Man 529
ILLUSTRATIONS.
Page.
Plate XIX. Semiuole dwelling 500
Fig. 60. Map of Florida 477
61. Seminole costume i^^
62. Key West Billy 484
03. Seminole costume 485
64. Manner of wearing the hair 4a6
65. Manner of piercing the ear 488
66. liaby cradle or hammock 497
67. Temporary dwelling •">02
68. Sugar cane crusher 511
69. Koontllog •'•14
70. Koonti pestles ■"'14
71. Koonti mash vessel 514
72. Koonti strainer - ^15
73. Mortar and pestle 517
74. Hide stretcher 518
75. Seminole bier 520
76. Semiuole grave 521
77. Green Corn Dauce 523
473
LEHER OF TRANSMITTAL.
Minneapolis, Minn., June 'li, 1,884.
Sir: During tlie winter of 1S80-'S1 1 risited Florida, commissioned by
jou to inquire into the condition and to ascertain the number of the In-
dians commoulj' known as the Seminole tlien in that State. I sj)ent
j)art of the months of January, February, and March in an endeavor to
accomplish this purjjose. I have the honor to embody the result of my
work in the following report.
On account of causes beyond my control the i)a[)er does not treat of
these Indians as fully as I had intended it should. Owing to the igno-
rance prevailing even in Florida of the locations of the homes of the Sem-
inole and also to the absence of routes of travel in Southern Florida,
much of my time at first was consumed in reaching the Indian country.
On arriving there, I found myself obliged to go among the Indians
ignorant of their language and without an interpreter able to secure
me intelligible interviews with them except in respect to the commonest
things. I was compelled, therefore, to rely upon observation and upon
very simple, perhaps sometimes misunderstood, sj^eech for what I have
here placed on record. But while the report is only a sketch of a sub-
ject that would well reward thorough study, it maj- be found to possess
value as a I'ecord of facts concerning this little-known remnant of a once
powerful people.
I have secured, I think, a correct census of the Florida Seminole
by name, sex, age, gens, and place of living. I have endeavored to
present a faithful portraiture of their appearance and personal charac-
teristics, and have enlarged upon their manners and customs, as indi-
viduals and as a society, as much as the material at my command will
allow ; but under the disadvantageous circumstances to which allusion
has already been made, I have been able to gain little more than a
superficial and partial knowledge of their social organization, of the
elaboration among them of the system of gentes, of their forms and
methods of government, of their tribal traditions and modes of think-
ing, of their religious beliefs and practices, and of many other things
manifesting what is distinctive in the life of a people. For these reasons
I submit this report more as a guide for futui-e investigation than as a
completed result.
475
476' LETTER OF TRANSMITTAL.
At the begiuuiug of my visit I found but one Semiuole with whom I
could hold even the semblance of an Euglish conversation. To him I
am indebted for a large part of the material here collected. To him,
in particular, I owe the extensive Seminole vocabulary now in pos-
session of the Bureau of Ethnology. The knowledge of the Seminole
language which I gradually acquired enabled me, in my intercourse
with other Indians, to verify and increase the information I had re-
ceived from him.
In conclusion, I hope that, notwithstanding the unfortunate delays
which have occurred in the publication of this report, it will still be
found to add something to our knowledge of this Indian tribe not with-
out value to those who make man their peculiar study.
Very respectfully,
CLAY MacCAULEY.
]\raj. J. W. PowEi^L,
Director Bureau of Ethnology.
SEMINOLE INDIANS OF FLORIDA.
By Clay MacCaulev.
INTRODUCTION.
There were ia Florida, October 1, 3SS0, of the ludiaus commonly
known as Seminole, two hundred and eight. They constituted thirty-
seven families, living in twenty-two cami)s, which were gathered into
MAP
OF
FLORIDA,
siiowmo
SETTLEMENTS
OF THE
SEMINOLE INDIANS,
1880.
I . Bi'^ Cypress Stoatnp SettUntent.
II. Miami River Settlement.
III. Fish Eating Creek Settlement.
IV. Cow Creek Settlement.
V. Cat Fish Lake Settlement.
Fig. 60. Map of Florida.
five widely separated groups or settlements. These settlements, from
the most prominent natural features connected with them, I have named,
477
478
SEMINOLE INDIANS OF FLORIDA.
(I) The Big Cypress Swamp settleuieut; (2) Miami River settlement;
(3) Fish Eating Greek settlement; (i). Cow Creek settlement; and (n)
Cat Fish Lake settlement. Their locations are, severally : The first, in
Monroe County, in what is called the " Devil's Garden," on the north-
western edge of the Big Cyi)ress Swamp, from fifteen to twenty miles
southwest of Lake Okeechobee ; the second, in Dade County, on the
Little Miami Kiver, not far from Biscayne Bay, and about ten miles
nortb of the site of what was, during the great Seminole war, Fort Dal-
las; the third, iu Manatee County, on a creek which empties from the
west into Lake Okeechobee, x)robably live miles from its mouth ; the
■fourth, iu Brevard County, on a stream running southward, at a point
about fifteen miles northeast of the entrance of the KissimmeeRiver into
Lake Okeechobee ; and the fifth, on a small lake in Polk County, lying
nearly midway between lakes Pierce and Rosalie, towards the head-
waters of the Kissimmee River. The settlements are from forty to sev-
enty miles apart, iu an otherwise almost uniuhabited region, which is
iu area about sixty by one hundred and eighty miles. The camps of
which each settlement is composed lie at distances from one another
varying from a half mile to two or more miles. In tabular form the
liopulation of the settlements appears as follows:
o
Population.
Divided according to age and sex.
by sex.
SettleineDts
Below 5
years.
5 to 10
years.
10 to 15
years.
15 to 20
years.
20 to 60
years.
Over 60
years.
09
No.
M.
F.
M. F.
M.
F.
M.
F.
M.
F.
M.
F.
M.
F.
1. Bij; Cypress
2. Miauu River . .
3. Fisli Eating
Creek.
4. Cow Creek
5. Cat Fish Lake . . .
10
5
4
1
2
4
5
al
2
5
4
1
1
a2
4
2
4
2
2
10
a2
1
4
3
9
7
3
2
5
1
1
1
■ 15
10
as
4
M5
13
a610
3
2
1
4
3
2
3
42
33
15
7
10
31
31
17
5
13
73
63
33
1?.
2 3
4
l! 4
ai abb
1 1 1
28
Totals <
23
12
21
13
9
19
10
22
3C
8
23
3
10
3
38 1 40
84
8 1 9
17
112
2C
96
8
208
a Ouo mixed blood
&0ne black.
Or, for the whole tribe —
Males under 10 years of age "-il
Males between 10 and 20 years of .age 45
Males between 20 and GO years of age 38
Males orer 60 years of age 8
Females under 10 years of age 23
Females between 10 and 20 years of age 18
Females between 20 and 60 years ot age 40
Females over 60 years of age 9
112
9&
208
MACCAULEY.] POPULATION. 479
In this table it will be noticed that the total population consists of 112
males and 90 females, an excess of males over females of 16. This excess
appears in each of the settlements, excepting that of Fish Eating Creek, a
fact the more noteworthy, from its relation to the future of the tribe, since
polygamous, or certainly duogaraous, marriage generally prevails as a
tribal custom, at least at the Miami Eiver and the Cat Fish Lake settle-
ments. It will also be observed that between twenty and sixty years of
age, or the ordinary range of married life, there are 38 men and 16 women ;
or, if the women above fifteen years of age are included as wives for the
men over twenty years of age, there are 38 men and 56 women. 'Sow,
almost all these 56 women are the wives of the 38 men. Xotice, how-
ever, the manner in which the children of these people are separated in
sex. At present there are, under twenty years of age, 06 boys, and,
under fifteen years of age, but 31 girls; or, setting aside the 12 boys who
are under five years of age, there are, as future possible husbands and
wives, 51 boj's between five and twenty years of age and 31 girls under
fifteen years of age — an excess of 23 boys. For a polygamous society?
this excess in the number of the male sex certainly presents a puzzling
problem. The statement I had from some cattlemen in mid-Florida I
have thus found true, namely, that the Seminole are producing more
men than women. What bearing this peculiarity will have upon the
future of these Indians can only be guessed at. It is beyond question,
however, that the tribe is increasing in numbers, and increasiug in the
manner above described.
There is no reason why the tribe should not increase, and increase
rapidly, if the growth in numbers be not checked by the non-birth
of females. The Seminole have not been at war for more than twenty
years. Their numbers are not affected by the attacks of wild ani-
mals or noxious reptiles. They are not subject to devastating diseases.
But once during the last twenty years, as far as I could learn, has
anything like an epidemic afflicted them. Besides, at all the settle-
ments except the northernmost, the one at Cat Fish Lake, there is an
abundance of food, both animal and vegetable, easily obtained and easily
prepared for eating. The climate in which these Indians live is warm
and equable throughout the year. They consequently do not need
much clothing or shelter. They are not what would be called in-
temperate, nor are they licentious. The " sprees" in which they indulge
when they make their visits to the white man's settlements are too in-
frequent to warrant us in classing them as intemperate. Their sexual
morality is a matter of common notoriety. The white half-breed does
not exist among the Florida Seminole, and nowhere could I learn that
the Seminole woman is other than virtuous and modest. The birth of
a white half-breed would be followed by the death of the Indian mother
at the Lands of her own people. The only persons of mixed breed
among them are cliildren of Indian fathers by negresses who have
been adopted into the tribe. Thus health, climate, food, and jiersonal
480 SEMINOLE INDIANS OF FLORIDA.
habits appareutly conduce to au increase iu uumbers. The only ex-
planation I can suggest of the fact that there are at present but 208
Seminole in Florida is that at the close of the last ^ar which the United
States Government waged on these Indians there were by no means so
many of them left in the State as is popularly supposed. As it is,
there are now but 17 persons of the tribe over sixty years of age, and
no unusual mortality has occurred, certainly among the adulte, duilng
the last twenty years. Of the 84 persons between twenty and sixty
years of age, the larger number are less than forty years old ; and nn-
der twenty years of age there are 107 persons, or more than half the
whole population. The population tables of the Florida Indians pre
sent, therefore, some facts upon which it may be interesting to specu-
late.
CHAPTEE I.
PERSONAL CHARACTERISTICS.
It will be convenieut for me to describe tbe Florida Semiuole as tUey
present themselves, first as individuals, and next as members of a soci-
ety. I know it is impossible to separate, really, the individual as such
from the individual as a member of society; nevertheless, there is the
luau as we see him, having certain characteristics which we call per-
sonal, or his own, whencesoever derived, having a certain iihysique ami
certain distinguishing psychical qualities. As such I will first attempt
to describe the Seminole. Then we shall be able the better to look at
him as he is in his relations with his fellows : iu the family, in the com-
munity, or in any of the forms of the social life of his tribe.
PHYSICAL CHARACTERISTICS.
niYSIQUK OF TIIK MEX.
Physically both men and womea are remarkable. The men, as a rule,
attract attention by their Jieight, fullness and symmetry of development,
and the regularity and agreeableness of their features. In muscular
power and constitutional ability to endure they excel. While these qual-
ifies distinguish, with a few exceptions, the men of the whole tribe, they
are particularly characteristic of the two most widely spread of the fam-
ilies ot which the tribe is composed. These are the Tiger and Otter clans,
which, proud of their lines of descent, have been preserved through a
long and tragic past with exccptioual freedom from admixture with
degrading blood. To-day their men might be taken as types of phys-
ical excellence. The jihysiqae of every Tiger warrior especially I met
would furnish proof of this statement. The Tigers are dark, copper-
colored fellows, over six feet iu height, with limbs in good proiiortion;
their hands and feet well shaped and not very large; their stature erect;
their bearing a sign of selt-coufideut power; their movements deliber-
ate, persistent, strong. Their heads are large, and their foreheads full
and marked. An almost universal characteristic of the Tiger's face is its
squareness, a widened and jirotruding under jawbone giving this effect
to it. Of other features, I noticed that under a large forehead are deep
set, bright, black eyes, small, but expressive of Inquiry and vigilance;
the nose is slightly aquiline and sensitively formed about the nostrils;
the lips are mobile, sensuous, and not very full, disclosing, when they
5 ETH 31 'i'il
482 SEMINOLE INDIANS OF FLORIDA.
smile, beautiful regular teeth ; aud the whole face is expressive of the
mau's sense of having extraordinary ability to endure aud to achieve.
Two of the warriors permitted me to manipulate the muscles of their
bodies. Under my touch these were more like rubber than flesh. Notice-
able amoug all are the large calves of their legs, the size of the tendons
of their lower limbs, and the strength of their toes. I attribute this ex-
ceptional development to the fact that they are not what we would call
"horse Indians" and that they hunt barefoot over their wide domaiu.
The same causes, perhaps, account for the ouly real deformity I noticed
in the Seminole physique, namely, the diminutive toe nails, and for the
heavy, cracked, and seamed skin which covers the soles of their feet.
The feet being otherwise well formed, the toes have only narrow shells
for nails, these lying sunken across the middles of the tough cushions of
flesh, which, iirotuberant about them, form the toe-tips. But, regarded
as a whole, in their jjhysique the Seminole warriors, especially the men of
the Tiger and Otter gentes, are ad mirable. Even among the children this
physical superiority is seen. To illustrate, one morning Ko i-ha-tco's son,
Tin-fai-yai-ki, a tall, slender boj', not quite twelve years old, shouldered a
heaxy "Kentucky" rifle, left our camp, and followed in his father's long
footsteps for a day's hunt. After tramping all day, at sunset he reap-
peared in the camp, carrying slung across his shoulders, in addition to
rifle and accouterments, a deer weighing perhaps fifty pounds, a weight
he had borne for miles. The same boy, in one day, went with some older
friends to his permanent home, 20 miles away, and returned. There
are, as I have said, exceptions to this rule of unusual physical size aud
strength, but these are few; so few that, disregarding them, we may
pronounce the Seminole men handsome and exceptionally jjowerful.
PHYSIQUE OF THE WOMEN.
The women to a large extent share the qualities of the men. Some
are proportionally tall aud handsome, though, curiously enough, many,
perhaps a majority, are rather under than over the average height of
women. As a rule, they exhibit great bodily vigor. Large or small, they
possess regular and agreeable features, shapely and well developed
bodies, and they show themselves capable of long continued and severe
physical exertion. Indeed, the ouly Indian women I have seen with at-
tractive features and forms are among the Seminole. I would even
veuture to select from among these Indians three persons whom I could,
without much fear of contradiction, present as types respectively of a
handsome, a pretty, and a comely woman. Among American Indians,
I am confident that the Seminole women are of the first rank.
CLOTHING.
But how is this people clothed? While the clothing of the Seminole
is simple and scanty, it is ample for his needs and suitable to the life
he leads. The materials of which the clothing is made pre now chiefly
MACCAL-LEr.l
imen's costume.
483
fabrics manufactured by the white man : calico, cottou cloth, ginghams,
and sometimes flannels. They also use some materials prepared by
tliemselves, as deer and other skins. Of ready made articles for wear
found in the white trader's store, they
buy small woolen shawls, brilliantly col-
ored cotton handkerchiefs, now and then
light woolen blankets, and sometimes,
lately, though very seldom, shoes.
COSTIMK OF THE HEX.
The costume of the Seminole warrior
at home consists of a shirt, a necker-
chief, a turban, a breech cloth, and, very
rarely, moccasins. On but one Indian
in camp did I see more than this; on
many, less. The shirt is made of some
figured or striped cottou cloth, generally
of quiet colors. It hangs from the neck
to the knees, tlie narrow, rolling collar
being closely buttoned about the neck,
the narrow wristbands of the roomy
sleeves buttoned about the wrists. The
garment opens in front for a few inches,
downward from the collar, and is pock-
etless. A belt of leather or buckskin
usually engirdles the man's waist, and
from it are suspended one or more
pouches,in which powder, bullets, pocket
knife, a piece of flint, a small quantity
of paper, and like things for use in hunt-
ing are carried. From the belt hang-
also one or more hunting knives, each
nearly 10 inches in length. I questioned one of the Indians about
having no pockets in his shirt, pointing out to him the wealth in this
respect of the white man's garments, and tried to show him how, on his
shirt, as on mine, these convenient receptacles could be placed, and to
what straits he was put to carry his pipe, money, and trinkets. He
showed little interest in my proposed improvement on his dress.
Having no pockets, the Seminole is obliged to submit to several in-
conveniences ; for instance, he wears his handkerchief about his neck.
I have seen as many as six, even eight, handkerchiefs tied around his.
throat, their knotted ends pendant over his breast; as a rule, they are
bright red and yellow things, of whose possession and number he is
quite proud. Having no pockets, the Seminole, only here and there
one excepted, carries whatever money he obtains from time to time ia
a knotted corner of one or more of his handkerchiefs.
Fig. 61. Si-niiTiole custuine
484
SEMINOLE INDIANS OF FLORIDA.
The next article of tbe man's ordinary costume is tbe turban. This
is a remarkable structure anil gives to its wearer much of bis unique
appearance. At present it is made of one or more small shawls. These
shawls are generally woolen and copied in figure and color from the
Inlaid of some Scotch clan. They are so folded that they are about 3
inches wide and as long as the diagonal of the fabric. They are then,
one or more of them successively, wrapped tiglitly around tbe bead, the
top of the head remaining bare ; the last end of tbe last shawl is tucked
skillfully and firmly away, without the use of plus, somewhere in tbe
many folds of the turban. The structure when finished looks like a
section of a decorated cylinder crowded down upon the man's bead. I
examined one of these turbans and
foixnd it a rather firm piece of work,
made of several shawls wound into
seven concentric rings. It was over
20 inches in diameter, the sliell of
the cylinder being perhaps 7 inches
thick and 3 in width. This bead-
dress, at tbe southern settlements,
is regularly worn in the camps and
sometimeson Ibehunt. While hunt-
ing, however, it seems to be the gen-
eral custom for the warriors to go
bareheaded. At theuorthern camps,
a kerchief bound about tbe head
frequently takes the place of the
turban in everyday life, but on dress
or festival occasions, at both the
northern and the southern settle-
ments, this curious turban is the
customary covering for the head of
tbe Seminole brave. Having no
pockets in his dress, be has discov-
ered that the folds of his turban may
be put to a pocket's uses. Those
who use tobacco (I say " those" be-
cause the tobacco habit is by no
means universal among tbe red men
of Florida) frequently carry their
pipes and other articles in their tur-
bans.
When the Seminole warrior makes bis rare visits to the white man's
settlements, he frequently adds to bis scanty camp dress leggius and
moccasins.
In the camps I saw but one Indian wearing leggins (Fig. 62); he,
however, is in every way a peculiar character among his people, and
is objectionably favorable to the white m;in and the white man's ways.
J'.ili.V.
MACCAVLEV.]
WOMEN S COSTUxME.
He is called by the white men " Key West Billy," having received this
name because he ouco made a voyage iu a cauoe out of the Everglades
and along the line of keys south of the Florida mainland to Key West,
where he remained for some time.. The act itself
was so extraordinary, and it was so unusual for
a Seminole to enter a white man's town and re-
main there for any length of time, that a com-
memorative name was bestowed upou him. The
materials of which the leggins of the Seminole
are usually made is buckskin. I saw, however,
one pair of leggins made of a bright red flannel,
and ornamented along the outer seams with a
blue and white cross striped braid. The moc-
casins, also, are made of buckskin, of either a
yellow or dark red color. They are made to lace
high about the lower part of the leg, the lacing
running from below the instep ui>ward. As show-
ing what changes are going on among the Semi-
nole, I may mention that a few of them possess
shoes, and one is even the owner of a pair of fron-
tier store boots. The blanket is not often worn
by the Florida Indians. Occasionally, iu their
cool weather, a small shawl, of the kind made to
do service iu the turban, is thrown about the
shoulders. Oftener a piece of calico or white
cotton cloth, gathered about the neck, becomes
the extra protection against mild coolness in
their winters.
COSTUME OF THK WO.MEX.
The costume of the women is hardlv more ^ „, o . ,
*^ I'IG. GJ. Semiuole costnmr.
complex than that of the men. It consists, ap-
parently, of but two garments, one of which, for lack of a better Eng-
lish word, I name a short shirt, the otiier a long skirt. The shirt
is cut quite low at the neck and is just long enough to cover' the
breasts. Its sleeves are buttoned close about the wrists. The gar-
ment is otherwise buttonless, being wide enough at the ueck for it to be
easily put on or taken off over the head. The conservatism of the
Seminole Indian is shown iu nothing more clearly than in the use, by the
women, of this much abbreviated covering for the upper part of their
bodies. The women are noticeably modest, yet it does not seem to
have occurred to them that by making a slight changeiu their upper gar-
ment they might free themselves from frequent embarrassment. In
going about their work they were constantly engaged iu what our
street boys would call " pulling down their vests." This may have
been done because a stranger's eyes were upon them ; but I noticed that
in rising or in sitting down, or at work, it was a perpetually renewed
486
SEMINOLE INDIANS OF FLORIDA.
effort on their part to lengtbeii by a pull the scanty covering banging
over tbeir breasts. Gatbereil about tbe waist is the otber garment, tlie
skirt, extending to tbe feet and often toncbing tbe ground. Tbis is
usually m.ade of some dark colored calico or gingbani. Tbe cord by
wbicb tbe petticoat is fastened is often drawn so tigbtly about tbe
waist tbat it gives to tbat part of tbe body a rather uncomfortable ap-
pearance. Tbis is especially noticeable because tbe shirt is so short tbat
ix space of two or more inches on the body is left uncovered between it
and the skirt. I saw no woman wearing moccasins, and I was told
that the women never wear them. For bead wear tbe women have noth-
ing, unless the cotton cloth, or small shawl, used about tbe shoulders
in cool weather, and which at times is thrown or drawn over the head,
may be called that. (Fig. 03.)
Girls from seven to ten years old are clothed with only a petticoat, and
boys about the same age wear only a shirt. Younger children are, as
a rule, entirely naked. If clothed at any time, it is only during ex-
ceptionally cool weather or when taken by their parents on a journey
to tbe homes of tbe palefaces.
PEBSONAL ADORNMENT.
The love of personal adornment shows itself among the Seminole as
iimoug other human beings.
HAIR DRES.SIXr..
Tbe coarse, brilliant, black hair of which they are possessors is taken
care of in an odd manner. Tbe men cut all tbeir hair close to the bead,
except a strip about an inch wide, run-
ning over the front of the scalp from
temple to temple, and another strip,
of about the same width, perpendic-
ular to the former, crossing tbe crown
of tbe head to the nape of the neck.
At each temple a heavy tuft is allowed
to hang to the bottom of the lobe of
the ear. The long hair of the strip
crossing to tbe neck is generally gath-
ered and braided into two ornamental
queues. I did not learn that these
Indians are in the liabit of plucking
the hair from tbeir faces. I noticed,
however, that the moustache is com-
moidy worn among them and that a
few of them are endowed with a rather
bold looking combination of mous-
tache and imperial. As an exception
to the uniform style of cutting the hair of the men, I recall the comical
appearance of a small negro half breed at tbe Big Cypress Swamp.
. 64. Maimer of wearii)
MACCAI'LEY] ORNAMENTS. -187
His brilliant wool was twisted iuto many little sharp cones, which stnck
out over bis bcail like so many spikes on an ancient battle eltib. For
some reason there seems to be a much greater neglect of the care of
the hair, and, indeed, of the whole person, in the uortheru thau in the
southern camps.
The women dress their hair more simply than the men. From a line
crossing the head from ear to ear the hair is gathered up and bound,
just above the neck, into a knot somewhat like that often made by the
civilized woman, the Indian woman's hair being wrought more into the
shape of a cone, sometimes quite elongated and sharp at the apex. A
piece of bright ribbon is commonly used at the end as a finish to the
structure. The front hair hangs down over the«forehead and along the
cheeks in front of the cars, being what we call "banged." The only
exception to this style of hair dressing I saw was the manner in which
Ciha-ne, a uegress, had disposed of her long crisp tresses. Hers was
a veritable Medusa head. A score or more of dangling, snaky plaits,
hanging down over her black face and shoulders gave her a most repul-
sive appearance. Among the little Indian girls the hair is simply
braided into a queue and tied with a ribbon, as we often see the hair
upon the heads of our school children.
ORNAMr.NTATION OT CLOTHING.
The clothing of both men and women is ordinarily more or less orna-
mented. Braids and strips of cloth of various colors are used and
wrought upon the garments into odd and sometimes quite tasteful
shapes. The upper parts of the shirts of the women are usually em-
broidered with yellow, red, and brown braids. Sometimes as many as
five of these braids lie side by side, parallel with the upper edge of tbo
garment or dropping into a sharp angle between the shoulders. Occa-
sionally a very narrow cape, attached, I think, to the shirt, and much
ornamented with braids or stripes, hangs just over the shoulders and
back. The same kinds of material used for ornamenting the shirt are
also used in decorating the skirt above the lower edge of the petti-
coat. The women embroider along this edge, with their braids and the
narrow colored stripes, a border of diamond and square shaped (i;j:ures,
which is often an elaborate decoration to the dress. In like manner
many of the shirts of the men are made pleasing to the eye. I saw
uo ornamentation in curves : it was always in straight lines and angles.
USE OF BEADS.
My attention was called to the remarkable use of beads among these
Indian women, young and old. It seems to be the ambition of the
Seminole squaws to gather about their necks as many strings of beads
as can be hung there and as they can carry. They are particular as to
the quality of the beads they wear. They are satisfied with nothing
meaner than a cut glass bead, about a quarter of an inch or more in
488
SEMINOLE INDIANS OF FLORIDA.
leug'tb, generally of some shade of blue, and costing (so I was told by a
trader at Miami) $1.75 a pound. Sometimes, but not often, one sees
beads of an inferior quality worn.
These beads must be burdensome to their wearers. In the Big Cy-
press Swamp settlement one day, to gratify my curiosity as to how
many strings of beads these women can wear, I tried to count those
worn by " Young Tiger Tail's " wife, number one, Mo ki, who had come
through the Everglades to visit her relatives. She was the proud
wearer of certainly not fewer than two hundred strings of good sized
beads. She had six quarts (probably a peck of the beads) gathered about
her neck, hanging down her back, down upon her breasts, filling the
space under her chin, and covering her jieck up to her ears. It was an
effort for her to move her head. She, however, was only a little, if any,
better off in her possessions than most of the others. Others were
about equally burdened. Even girl babies are favored by their pi'oud
mammas with a varying quantity of the coveted neck wear. The cum-
bersome beads are said to be worn by night as well as by day.
SILVnU DISKS.
Conspicuous among the other ornaments worn by women are silver
disks, suspended in a curve across the shirt fronts, under and below the
beads. As many as ten or more are worn by one
woman. These disks are made by men, who may
be called "jewelers to the tribe," from silver quar-
ters and half dollars. The pieces of money are
pounded quite thin, made concave, pierced with
holes, and ornamented by a groove lying just in-
side the circumference. Large disks made from
half dollars may be called " breast shields." They
are suspended, one over each breast. Among the
disks other ornaments are often suspended. One
young woman I noticed gratifying her vanity with
not only eight disks made of silver quarters, but
also with three polished copper rifle shells, one
bright brass thimble, and a buckle hanging among
them. Of course the possession of these and like
treasures depends npon the ability and desire of
Fig. 63. Manuer of picrciDs n ^i >. ii
the ear. o^e and another to secure them.
EAR rUNGS.
Ear rings are not generally worn by the Seminole. Those worn are
usually made of silver and are of home manufacture. The ears of most
of the Indians, however, appear to be pierced, and, as a rule, the ears
of the women are pierced many times ; for what purpose I did not dis-
cover. Along and in the upper edges of the ears of the women from
one to ten or more small holes have been made. In most of these holes
MACCALLEI] ORNAMENTS. 48'J
I noticed bits of palmetto wood, about a iiftli of au iucb iu leugth and
iu diameter the size of a large pin. Seemingly they were not placed
there to remain only while the puuctnre was healing. (Fig. G5.)
Piercing the ears excepted, the Florida Indians do not now mutilate
their bodies for beauty's sake. They no longer pierce the lips or the
nose ; nor do they use paint upon their persons, I am told, except at
their great annual festival, the Green Corn Dance, and upou the faces of
their dead.
FINGEJS RINGS.
Nor is the wearing of fiuger rings more common than that of rings
for the ears. The finger rings I saw were all made of silver and showed
good workmanship. Most of them were made with large elliptical tab-
lets on them, extending from knuckle to knuckle. These also were
home-made.
SILVER vs. GOLD.
I saw no gold oruatuents. Gold, even gold raouey, does not seem to be
considered of much value by the Seminole. Ho is a monometalist, and
his precious metal is silver. I was told by a cattle dealer of an Indiau
who once gave him a twenty dollar gold piece for $17 iu silver, although
assured that the gold piece was worth more than the silver, aud in my
own intercourse with the Seminole I found them to manifest, with few
exceptions, a decided preference for silver. I was told that the Semi-
nole are i)eculiar iu wishing to possess nothing that is not genuine of
its apparent kind. Traders told me that, so far as the Indians know,
they will buy of them only what is the best either of food or of material
for wear or ornament.
CHESCEN'TS, WRISTLETS, AND BELTS.
The ornaments worn by the men which are most worthy of attention
are crescents, varying in size aud value. These are generally about
five inches long, an iuch in width at the widest part, and of the thick-
ness of ordinary tin. These articles are also made from silver coins
and are of home manufacture. They are worn suspended from the neck
by cords, in the cusps of the crescents, one below another, at distances
apart of perhaps two and a half inches. Silver wristlets are used by
the men for their adornment. Tbey are fastened about the wrists by
cords or thongs passing through holes in the ends of the metal. Belts,
and turbans too, arc often ornamented with fanciful devices wrought
out of silver. It is not customary for the Indian men to wear these
ornaments in everyday camp life. They appear with them on a fes-
tival occasion or when they visit some trading post.
ME-LE.
A sketch made by Lieutenant Brown, of Saint Francis Barracks,
Saint Augustine, Florida, who accompanied me on my trip to the Cat
490 SEMINOLE INDIANS OP FLORIDA.
Fish Lake (settlement, enables me to show, iii gala dress, Me le, a half
breed Seiniuole, the son of an Indian, Ho-laq-to-mik-ko, by a uegress
adopted into the tribe when a child.
Me-le sat for his picture in my room at a hotel in Orlando. He had
just come seventy miles from his home, at Cat Fish Lake, to see the
white man and a white man's town. He was clothed " in his best,"
and, moreover, had just purchased and was wearing a pair of store
boots in addition to his home-made finery. He was the owner of the
one pair of red flannel leggins of wliich I have spoken. Tliese
were not long enough to cover the brown skin of his sturdy thighs.
His ornaments were silver crescents, wristlets, a silver studded belt,
and a peculiar battlement-like band of silver on the edge of his tur-
ban. Notice his uncropped head of luxuriant, curly hair, the only
exception I observed to the singular cut of hair peculiar to the
Seminole men. Me-le, however, is in many other more important re-
spects an exceptional character. He is not at all in favor with the
Seminole of pure blood. "Me-le holo-wa kis" (Mele is of no account)
was the judgment passed upon him to me by some of the Indians.
Why! Because he likes the white man and would live the white man's
life if he knew how to break away safely from his tribe. He has been
progressive enough to build for himself a frame house, inclosed on all
sides and entered by a door. More than that, he is not satisfied with the
bunting habits and the simple agriculture of his people, nor with their
ways of doing other things. He has started an orange grove, and in a
short time will have a hundred trees, so he says, bearing fruit. He has
bought and uses a sewing machine, and he was intelligent enough, so
the report goes, when the machine had been taken to pieces in his
presence, to put it together again without mistake. He once called
off for me from a newspaper the names of the letters of our alphabet,
and legibly wrote his English name, "John Willis Mik-ko." Mik-ko
has a restless, inquisitive mind, and deserves the notice and care of
those who are interested in the progress of this people. Seeking him
one day at Orlando, I found him busily studying the locomotive engine
of the little road which had been pushed out into that part of the fron-
,tier of Florida's civilized population. Xext morning he was at the sta-
tion to see the train depart, and told me he would like to go with me
to Jacksonville. He is the only Florida Seminole, I believe, who had
at that time seen a railway.
PSYCHICAL CHARACTEKISTICS.
I shall now glance at what may more properly be called the psychical
characteristics of the Florida Indians. I have been led to the conclu-
sion that for Indians they have attained a relatively high degree of
psychical development. They are an uncivilized, I hardly like to call
them a savage, people. They are antagonistic to white men, as a race,
and to the white man's culture, but they have characteristics of their
HACCAULEVl SEMINOLE CHARACTER. 491
owu, juauy of which are commendable. They are decided iu their enmity
to any representative of the white man's government and to every thing
which bears npon it tlie government's mark. To one, however, who is
acqnainted with recent history this enmity is but natural, and a con-
fessed representative of the government need not be surprised at
finding in the Seminole only forbidding and unlovely qualities. But
when suspicion is disarmed, one whom they have welcomed to their
confidence will find them evincing characteristics which will excite
his admiration and esteem. I was fortunate enough to be introduced
to the Seminole, not as a representative of our National Government,
but under conditions which induced them to welcome me as a friend.
In my intercourse with them, I fonnd them to be not oidj- the brave,
self reliant, proud peojtlc who have from time to time withstood our
nation's armies in defense of their rights, but also a people amiable,
affectionate, truthful, and communicative. Nor are they devoid of a
sense of humor. With only few exceptions, I found them genial. In-
deed, the old chief, Tus-te-nug-ge, a man whose warwhoop and deadly
hand, during the last half century, have often been heard and felt
among the Florida swamps and prairies, was the only one disposed to
sulii in my presence and to repel friendly advances. He called me to
him when I entered the camp where he was, and, with great dignity of
manner, asked after my business among his people. After listen-
ing, through my interi)reter, to my answers to his questions, he turned
from me and honored me no further. I call the Seminole communi-
cative, because most with whom I spoke were eager to talk, and, as
far as they could with the imperfect means at their disposal, to give
me the information I sought. "Doctor Nakita" (Doctor What-is-it)
I was playfully named at the Cat Fish Lake settlement; yet the peo-
ple there were seemingly as ready to try to answer as 1 was to ask,
" What is it ? " I said they are truthful. That is their reputation with
many of the white men I met, and I have reason to belie\e that the rep-
utation is under ordinary circumstances well founded. They answered
promptly and without equivocation " No " or " Yes " or " I don't know."
And they are alfectionate to one anotbei', and, so far as I saw, amiable
in their domestic and social intercourse. Parental affection is charac-
teristic of their home life, as several illustrative instances I might men-
tion would show. I will mention one. Tal la-hiiske is the father of six
fine looking boys, ranging in age from four to eighteen years. Seven
months before I met him his wife died, and when 1 was at his camp this
strong Indian appeared to have become both mother and father to his
children. His solicitous affection seemed continually to follow these
boys, watching their movements and caring for their comfort. Es-
pecially did he throw a tender care about the little one of his house-
hold. I have seen this little fellow clambering, just like many a little
paleface, over his father's knees and back, persistently demanding
attention but in no way disturbing the father's amiability or serenity.
492 SEMINOLE INDIANS OF FLORIDA.
even while tbe latter was trying to oblige me by answering pnzzling
qnestions upon matters connected with bis tribe. One night, as Lien-
tenant Brown and I sat by tlie camiifire at Tal la-has-ke's lodge — the
larger boys, two Seminole negresses, three pigs, and several dogs, to-
gether with Tal-la hiis-ke, forming a picturesqne circle in the ashes
aronud the bright light — I heard mnffled moans from the little palmetto
shelter on my right, under which the three smaller boys were bundled
up in cotton cloth on deer skins for tbe night's sleep. Upon the moans
followed immediately the frightened cry of the baby boy, waking out of
bad dreams and crying for the mother who could not answer; "Its-
ki, Its-ki" (mother, mother) begged the little fellow, struggling from
under his covering. At once tbe big Indian grasped bis child, hugged
him to his breast, pressed the little head to his cheek, consoling him all
the while with caressing words, whose meaning I felt, though I could
not have translated them into English, until the boy, wide awake,
laughed with his father and us all and was ready to be again rolled up
beside bis sleeping brothers. I have said also that the Seminole are
frank. Formal or hypocritical courtesy does not characterize them.
One of my party wished to accompany Katca-lani ("Yellow Tiger")
on a bunt. Ho wished to see bow the Indian would tind, approach,
and capture bis game. "Me go hunt with you, Tom, to-day?" asked
our man. " No," answered Tom, and in his own language continued,
"not to-day; to-morrow." Tomorrow came, and, with it, Tom to our
camp. " You can go to Horse Creek with me ; then I hunt alone and
you come back," was the Indian's remark as both set out. I after-
wards learned that Ka-tca-la-ni was all kindness on the trail to Horse
Creek, three miles away, aiding the amateur hunter in his search for
game and giving him the first shot at what was started. At Horse
Creek, however, Tom stopped, and, turning to his companion, said, " Xow
you bi-e-pus (go) !" That was frankness indeed, and quite refreshing to
us who had not been honored by it. But equally outspoken, without
intending ofifense, I found them always. You could not mistake their
meaning, did you understand their words. Diplomacy seems, as yet, to
be an unlearned art among them.
KOXIP-IIA-TCO.
Here is another illustration of their frankness. One Indian, Ko iiip-
hatco ("Billy"), a brother of "Key West Billy," has become so desirous
of identifying himself with the white ijcople that in 1S79 he came toCapt.
F. A. Hendry, at Myers, and asked permission to live with him. Permis-
sion was willingly given, and when I went to Florida this "Billy" bad
been studying our language and ways for more than a year. At that time
he was the only Seminole who had separated himself from his people and
bad cast in his lot with the whites. He had clothed himself in our dress
and taken to the bed and table, instead of the ground and kettle, for sleep
and food. " Me all same white man," be boastfully told me one day. But
M.UCAILE7.J SEMIXOLE CHARACTER. 493
I will Dot bere relate the interesting story of ''Billy's" previous life or
of bis adventures in reaching his present proud i>ositiou. It is sufficient
to say that, for the time at least, be bad become in the eyes of his people
a member of a foreign community. As may be easily guessed, Ko-nip-
batco's act was not at all looked upon with favor by the Indians; it
was, on the contrary, seriously oi)posed. Several tribal councils made
him the subject of discussion, and once, during the year before I met
him. tive of his relatives came to Myers and compelled him to return
with them for a time to bis home at tlie Big Cypress Swamp. But to my
illustration of Seminole frankness: In the autumn of 1880, Matte-lo, a
prominent Seminole, was at Myers and happened to meet Captain Hen-
dry. While they stood together " Billy" passed. Hardly had the young
fellow disappeared when ]Mat-te-lo said to Captain Hendry, "Bum-by,
Indian kill Billy." But an answer came. In this case the answer of
the white ma;i was equally frank: "Mat-te-lo, when Indian kill Billy,
white man kill Indian, rememl)er." And so the talk ended, the Semi-
nole looking hard at the captain to try to discover whether be had
meant what be said.
IXTEI.I.ECTUAL ABILITY.
In range of intellectual power and mental processes the Florida In-
dians, when compared with the intellectual abilities and operations of
the cultivated American, are quite limited. But if the Seminole are to be
judged by comparison with other American aborigines, I believe they
easily enter the first class. They seem to be mentally active. When the
full expression of any of my questions failed, a substantive or two, an
adverb, and a little pantomime generally sufliced to convey the meaning
to my bearers. In their intercourse with one another, they are, as a rule,
voluble, vivacious, showing the possession of relatively active brains and
mental fertility. Certainly, most of the Seminole I met cannot justly
be called either stupid or intellectually sluggish, and I observed that,
when invited to think of matters with which they are not familiar or
which are beyond the verge of the domain which their intellectual facul-
ties have mastered, they nevertheless bravely endeavored to satisfy me
before they were willing to acknowledge themselves powerless. They
would not at once answer a misunderstood or unintelligible question,
but would return inquiry upon inquiry, before the decided " I don't
know" was uttered. Those with whom I particularly dealt were ex-
ceptionally patient under the strains to which I put their minds. Ko-
nip ha tco, by no means a brilliant member of his tribe, is much to be
commended for bis patient, persistent, intellectual industry. I kept
the young fellow busy for about a fortnight, from half past eight in the
morning until five in the afternoon, with but au hour and a half's in-
termission at noon. Occupying our time with inquiries not very inter-
esting to him, about the language and life of bis people, I could see
how much I wearied him. Ofteu I found by his answers that his brain
was, to a degree,paralyzed by theloug continued tension to which it was
494 SEMINOLE INDIANS OP FlyORIDA.
subjected. But he Lekl on bravely tbrough the severe heat of an attic
room at JNIyers. Despite the iusects, myriads of which took a great in-
terest iu us and our surroundings, despite the persistent invitation of
the near woods to him to leave "Doctor Naki-ta" and to traini> off in
them on a deer hunt (for " Billy" is a lover of the woods and a bold and
successful hunter), he held ou courageously. The only sign of weak-
ening he made was on one day, about noon, when, after many, to me,
vexatious failures to draw from him certain translations into his own
language of phrases containing verbs illustrating variations of mood,
time, number, &c., he said to me: "Doctor, how long you want me to
tell you Indian language!" '• Why ?" I replied, " are you tired, Billy f'
" No," he answered, " a littly. Me think me tell you all. Me don't know
English language. Bum-by you come, next winter, me tell you all.
Me go school. Me learn. Me gohunt deer tomoUow." I was afraid of
losing my hold upon him, for time was precious. " Billy," I said, "you
go now. You hunt to-day. I need you just three days more and then
you can hunt all the time. To-morrow come, and I will ask you easier
questions." After only a moment's hesitation, "Me no go, Doctor ; me
stay," was his courageous decision.
CHAPTER II.
SEMINOLE SOCIETY.
As I now direct atteutioii to the Florida Seminole in their relations
with one another, I shall tirst treat of that relationship which lies at
the foundation of society, marriage or its equivalent, the I'esult of
which is a body of people more or less remotely connected with one
another and designated by the term " kindred." This is shown either
in the narrow limits of what may be named the family or in the larger
bounds of what is called the clan or gens. I attempted to get full in-
sight into the system of relationships in which Seminole kinship is em-
bodied, and, while my efibrts were not followed by an altogether satis-
factory result, I saw enough to enable me to say that the Seminole re-
lationships are essentially those of what we may call their "mother
tribe," the Creek. The Florida Seminole are a people containing, to
some extent, the posterity of tribes diverse from the Creek in language
and iu social and political organization ; but so strong has the Creek in-
fluence been iu their development that the Creek language. Creek
customs, and Creelc regulations have been the guiding forces in their
history, forces by which, iu fact, the characteristics of the other peoples
have yielded, have been jiractically obliterated.
I have made a careful comparison of the terms of Seminole relation-
ship I obtained with those of the Creek Indians, embodied iu Dr. L. H.
Morgan's Consanguinity and AfQnity of the American Indians, and I
find that, as far as I was able to go, they are the same, allowing for the
natural difleiences of pronunciation of the two peoples. The only
seeming difference of relationships lies in the names applied to some
of the lineal descendants, descriptive instead of classificatory names
being used.
I have said, "as far as I was able to go." I found, for example, that
beyond the second collateral line among consanguineous kindred my
interpreter «ould answer my question only by some such answer as "I
don't know "or "Xo kin," and that, beyond the first collateral line of
kindred by marriage, except for a very few relationships, I could obtain
no answer.
THE SEMINOLE FAMILY.
The family consists of the husband, one or more wives, and their
children. I do not know what limit tribal law places to the number of
wives the Florida Indian may have, but certainly he may possess two.
There are several Seminole families iu which duogamy exists.
495
496 SEMINOLE INDIANS OF FLORIDA.
COURTSHIP.
I learued the following facts concerning the formation of a family :
A young warrior, at the age of twenty or les.s, sees an Indian maiden
of about sixteen years, and by a natural impulse desires to make her
his wife. What follows? He calls his immediate relatives to a coun-
cil and tells them of his wish. If the damsel is not a member of the
lover's own geus and if no other impediment stands in the way of the
proposed alliance, they select, from their own number, some wlio, at an
appropriate time, go to the maiden's kindred and tell them that they
desire the maid to receive their kinsman as her husband. The girl's rel-
atives then consider the question. If they decide in favor of the union,
they interrogate the prospective bride as to her disposition towards the
young man. If she also is willing, news of the double consent is con-
veyed through the relatives, on both sides, to the prospective husband.
From that moment there is a gentle excitement in both households.
The female relatives of the young man take to the house of the be-
trothed's mother a blanket or a large piece of cotton cloth and a bed
canopy — in other -words, the furnishingof a new bed. Thereupon there
is returned thence to the young man a wedding costume, consisting of
a newly made shirt.
MAEi:i.\GE.
Arrangements for the marriage being thus completed, the marriage
takes place by the very informal ceremony of the going of the bride-
groom, at sunset of an appointed day, to the home of his mother-in-law,
where he is received by his bride. From that time he is her husband.
The next day, husband and wife appear together in the camp, and are
thenceforth recognized as a wedded pair. After the marriage, through
what is the equivalent of the white man's honeymoon, and often for a
mucli longer period, the new couple remain at the home of the mother-
in-law. It is the man and not the woman among these Indians who
leaves father and mother and cleaves unto the mate. After a time,
especially as the family increases, the wedded pair build one or more
houses for independent housekeeping, either at the camp of the wife's
mother or elsewhere, excepting among the husband's relatives.
The home may continue until death breaks it up. Sometimes, how-
ever, it occurs that most hopeful matrimonial beginnings, among the
Florida Seminole, as elsewhere, end in disappointment and ruin. How
divorce is accomplished I could not learn. I pressed the question upon
Ko nipha-tco, but his answer was, "Me don't knowj Indian no tell me
much." All the light I obtained upon the subject comes from Billy's
first reply, " He left her." In fact, desertion seems to be the only cer-
emony accompanying a divorce. The husband, no longer satisfied with
his wife, leaves her; she returns to herfiimily,and the matter is ended.
MACCAVHEY.) FAMILY LIFE. 497
There is uo embarrassmeut growiDg out of i)roblems respecting tlie
woman's future support, the division of property, or the adjustment of
claims for the possession of tlie chiklreii. The independent self-support
of every adult, healtby Indian, female as well as male, and the gentile re-
lationship, which is more wide reaching and authoritative than that of
marriage, have alreadj- disposed of these questions, which are usually
so perplexing for the white man. So far as personal maintenance is
concerned, a woman is, as a rule, just as well off without a husband as
with one. What is hers, in the shape of property, remains her own
whether she is married or not. In fact, marriage among these Indians
seems to be but the natural mating of the sexes, to cease at the option
of either of the interested parties. Although I do not know that the
wife may lawfully desert her husband, as well as the husband his wife,
from some facts learned I think it ])robable that she may.
CniLI>llII!TH.
According to information received a prospective mother, as the hour
of her confinement ai)i)roaches, selects a place for the birth of her child
not far from the main house of the family, and there, with some, friends,
builds a small lodge, covering the top and sides of the structure gener-
ally with the large leaves of the cabbage palmetto. To this secluded
place the woman, with some elderly female relatives, goes at the tiuie
the child is to be born, and there, in a sitting posture, her hands grasp-
ing a strong stick driven into the gi-ound before her, she is delivered of
her babe, which is received and cared for by her comjiauions. liarely is
the Indian mother's labor difdcult or followed by a prolonged sickness.
Usually she retui-ns to her home with her little one within four days
after its birth.
IXKANCV.
The baby, well into the world, learns very quickly that he is to make
his own way through it as best he may. His mother is prompt to
nourish him and solicitous in her care for him if he falls ill, but, as far
as possible, she goes her own way and leaves the little fellow to go his.
Fin. 66. Bnby cradle or hammock.
From the first she gives her child the perfectly free use of his body
and, within a limited area, of the camp ground. She does not bundle him
into a motionless thing or bind him helplessly on a board; on the coii^
trary, she does not trouble her child even with clothing. The Florida
Indian baby, when very young, spends his time, naked, in*a hammock,
or on a deer skin, or on the warm earth. (Fig. 66.)
o ETH 32
49 S SEMINOLE INDIANS OF E-LORIDA.
The Seiuiuole mother, I was iuformed, is not ia the habit of soothing
her baby with soug. Nevertheless, sometimes oue may hear her or an
old grandam crooning a monotonous refrain as she crouches on the
ground beside the swinging hammoclc of a baby. I heard one of these
refrains, and, as nearly as I could catch it, it ran thus:
DCad lib.
Mo-wut-tca, No-wut-ica.
The hammock was swung in time with the song. The singing was
slow in movement and nasal in quality. The last note was unmusical
and uttered quite staccato.
There are times, to be sure, when the Seminole mother carries her
baby. He is not always left to his pleasure on the ground or in a ham-
mock. When there is no little sister or old grandmother to look after
(he helpless creature and the mother is forced to go to any distance
from her house or lodge, she takes him with her. This she does, usually?
by setting him astride one of her hips and holding him there. If she
wishes to have both her arms free, however, slie puts the baby into the
center of a piece of cotton cloth, ties opposite coruers of the cloth to-
gether, and slings ber burden over her shoulders and upon her back,
where, with his brown legs astride bis mother's hips, the infant rides,
generally with much satisfaction. I remember seeing, one day, one jolly
little fellow, lolling and rollicking on his mother's ba(!k, kicking her and
tugging away at the strings of beads which hung temptingly between
her shoulders, while the mother, hand-free, bore on one shoulder a log,
which, a moment afterwards, still keeping her baby on her back as she
did so, she chopped into small wood for the camp fire.
CniLDIIOOD.
But just as soou as the Seminole baby has gained sufiticieut strength
to toddle he learns that the more he can do for hiuiself and the more he
can contribute to the general domestic welfare the better he will get
along in life. No small amount of the labor in a Seminole household
is done by children, even as young as four years of age. They can stir
the soup while it is boiling; they can aid in kneadiug the dough for
bread; they can wash the "Koonti" root, and even pound it; they can
watch and replenish the fire; they contribute in this and many other
small ways to the necessary work of the home. I am not to be under-
stood, of course, as saying that the little Seminole's life is oue of severe
labor. He has plenty of time for games and play of all kinds, and of
these I shall hereafter speak. Yet, as soan as he is able to play, he
finds that wjth his play he must mix work in considerable measure.
UAccAULET.l ARCHITECTURE. 499
SEMINOLE DWELLINGS — I-PUL-LO-HA-TCO's "ilOUSE.
Now that we have seea the Seminole family formed, let us look at its
Lome. The Florida Indians are not nomads. They have fixed liabita-
tions: settlements in well defined districts, permanent camps, bouses
or wigwams which remain from year to year the abiding i)laces of their
families, and gardens and fields which for indefinite periods are nsed by
the same owners. Tliere are times during the year when parties gather
into temporary camps for a few weeks. Now i^erhaps they gather upon
some rich Koonti ground, that they may dig an extra quantity of this
root and make flour from it; now, Ihat they may have a sirup nuiking
festival, they go to some fertile sugar cane hammock : or again, that they
may have a hunt, thej^ camp where a certain kind of game has been
discovered in abundance. And thej' all, as a rule, go to a central point
once a year and share there their great feast, the Green Corn Dance.
Besides, as I was told, these Indians are frequent visitors to one another,
acting in turn as guests and hosts for a few days at a time. But it is
the fact, nevertheless, that for much the greater part of the year the
Seminole families are at their homes, occupying houses, surrounded by
many comforts and living a life of routine industry.
As one Seminole home is, with but few uuimpoitant differences, like
nearly all the others, we can get a good idea of what it is by describ-
ing here the first one I visited, that of Ifnl-loha-tco, or " Charlie Osce-
ola," in the "Bad Country," on the edge of the Big Cypress Swamp.
When my guide pointed out to me the locality where " Charlie " lives,
I could see nothing but a wide saw-grass marsh surrounding a small
island. The island seemed covered with a dense growth of i>almetto and
other trees and tangled shrubbery, with a few banana plants rising
among them. No sign of human habitation was visible. This invis-
ibility of a Seminole's house from the vicinity may be taken as a
marked characteristic of his home. If possible, he hides his house,
placing it on an island and in a jungle. As we ncared the hammock
we found that approach to it was ditticult. On horseback there was no
trouble in getting through the water and the annoying saw-grass, but I
found it difficult to reach the island with my vehicle, which was loaded
with our provisions and myself. On the shore of " Charlie's" island is a
piece of rich land of probably two acres in extent. At length I landed,
and soon, to my surprise, entered a small, neat clearing, around which
were built three houses, excellent of their kind, and one insignificant
structure. Beyond these, well fenced with palmetto logs, lay a small
garden. Ko one of the entire household — father, mother, and child —
was at home. Where they had gone we did not learn until later. We
found them next day at a sirup making at "Old Tommy's" field, six miles
away. Having, in the absence of the owner, a free range of the camp,
I busied myself in noting what had been left in it and what were its
peculiarities. Among the first things I picked up was a "cow's horn."'
This, my guide informed me, was used in calling from camp t6 camp^
500 SEMINOLE INDIANS OF FLORIDA.
Mouutiu a pile of logs, "Billy" tried with it to summon "Charlie,"
thinking he might be somewhere near. Meanwhile I continued my
seaieh. I noticed some terrapin shells lying on a platform in one of the
houses, the breast shell pierced with two holes. " Wear them at Green
Corn Dance," said " Billy." I caught sight of some dressed buck.skius
lying on a rafter of a house, and an old fashioned rifle, with powder horn
and shot flask. I also saw a hoe ; a deep iron pot ; a mortar, made from
a live oak (?) log, probably fifteen inches in diameter and twenty-four iu
height, and beside it a pestle, made from mastic wood, perhaps four feet
and a half in length.
A bag of corn hung from a rafter, and near it a sack of clothing,
which I did not examine. A skirt, gaylj- ornamented, hung there also.
There were several basketware sieves, evidently home made, and vari-
ous bottles lying around the place. I did not search among the things
laid away on the rafters under the roof. A sow, with several pigs, lay
contentedly under the platform of one of the houses. And near by,
in the saw-grass, was moored a cypress "dug-out," about fifteen feet
long, iiointed at bow and stern.
Dwellings throughout the Seminole district are practically uniform
in construction. With but slight variations, the accompanying sketch
of Iful-lo-ha-tco's main dwelling shows what style of architecture pre
vails iu the Florida Everglades. (PI. XIX.)
This house is approximately IG by 9 feet in ground measurement,
made almost altogether, if not wholly, of materials taken from the
palmetto tree. It is actually but a platform elevated about three feet
from the ground and covered with a palmetto thatched roof, the roof
being not more than 12 feet above the ground at the ridge pole, or 7 at
the eaves. Eight upright palmetto logs, unsplit and undressed, support
the roof. Many rafters sustain the palmetto thatching. The platform is
composed of split palmetto logs lying transversely, flat sides up, upon
beams which extend the length of the building and are lashed to the up-
rights by palmetto ropes, thongs, or trader's ropes. This platform is pe-
culiar, in that it fills the interior of the building like a floor and .serves
to furnish the family with a dry sitting or lying down place when, as
often happens, the whole region is under water. The thatching of the
roof is quite a work of art : inside, the regularity and compactness of
the laying of the leaves displny much skill and taste on the part of the
builder; outside — with the outer layers there seems to have been less
care taken than with those within — themassof leaves of which thereof
is composed is held in place and made firm by heavy logs, which, bound
together in pairs, are laid upon it astride the ridge. The covering i.s, I
was informed, water tight and durable and will resist even a violent
wind. Only hurricanes can tear it off, and these are so infrequent iu
Southern Florida that uo attempt is made to provide against them.
The Seminole's house is open on all sides and without rooms. It is,
in fact^ only a covered platform. The single equivalent for a room in it
MAccAVLEYj ARCHITECTURE. 501
is the space above the joists which are extended across the bLiihliug' at
the lower edges of the roof. In this are placed surplus food and gen-
eral household effects out of use from time to time. Household uten-
sils are usually suspended from the uprights of the building and from
pronged sticks driven into the ground near by at convenient places.
From this descriiition the Seminole's house may seem a poor kind of
structure to use as a dwelling; j^et if we take into account the climate
of Southern Florida nothing more would seem to be necessary. A
shelter from the hot sun and the frequent rains and a dry floor above
the damp or water covered ground are sufficient for the Florida In-
dian's needs.
I-ful-lo hatco's three houses are placed at three corners of an oblong
clearing, which is perhaps 40 by 30 feet. At the fourth corner is the
entrance into the garden, which is in shape an ellipse, the longer diam-
eter being about 2.5 feet. The three houses are alike, with the excep-
tion that in one of them the elevated platform is only half the size of
those of the others. This difference seems to have been made on account
of the camp fire. The fire usually burns in the space around which the
buildings stand. During the wet season, however, it is moved into the
sheltered floor in the building having the half platform. At Tus-ko-na's
cam}), where several families are gathered, I noticed one building with-
out the interior platform. This was probably the wet weather kitchen.
To all appearance there is no privacy in these open houses. The only
means by which it seems to be secured is by suspending, over where one
sleeps, a canopy of thin cotton cloth or calico, made square or oblong
in shape, and nearly three feet in height. This serves a double use, as a
private room and as a protection against gnats and mosquitoes.
But while I-fal-lo ha-tco's house is a fair example of the kind of
dwelling in use throughout the tribe, I may not pass unnoticed some
innovations which have lately been made upon the general style. There
are, I understand, five inclosed houses, which were built and are owned
by Florida Indians. Four of these are covered with split cypress jilanks
or slabs; one is constructed of logs.
Progressive " Key West Billy" has gone further than any other one,
excepting perhaps Me-le, iu the white man's ways of house building.
He has erected for his family, which consists of one wife and three chil-
dren, a cypress board house, and furnished it with doors and windows,
partitions, floors, and ceiling. In the house are one upper and one or
two lower rooms. Outside, he has a stairway to the upper floor, and
from the upper floor a balcony. He possesses also an elevated bed, a
trunk for his clothing, and a straw hat.
Besides the iiermanent home for the Seminole family, there is also the
lodge which it occupies when for any cause it temporarily leaves the
house. The lodges, or the temporary structures which the Seminole
make when "camping out," are, of course, much simpler and less
comfortable thau their houses. I had the privilege of visiting two
502
SEMINOLE INDIANS OF FLORIDA.
"camping" parties — oue of forty-eight Indians, at Tak-o- si-mac la's
cano tield, on the edge of the Big Cypress Swamp ; the other of twenty-
two persons, at a Koonti ground, on Horse Creek, not far from the site
<if what was, long ago, Fort Davenport.
1 found great diflSculty in reaching the "camp" at the sugar cane field.
I was obliged to leave my conveyance some distance from the island on
which the cane field was located. When we arrived at the shore of the
saw-grass marsh no outward sigu indicated the presence of fifty Indians
so close at hand ; but suddenly three turbaned Seminole emerged from
the marsh, as we stood there. Learning from our guide our business,
they cordially oflered to conduct us through the water and saw-grass
to the camp. The wading was annoying and, to nie, difficult; but at
length wo secured dry footing in the jungle on the island, and after a
tortuous way through the tangled vegetation, which walled in the camp
from the prairie, we entered the large clearing and the collection of
lodges where the Indians were. These lodges, jdaced very close to-
gether find seemingly without order, were almost all made of white
cotton cloths, which were each stretched over ridge poles and tied to
four corner jrosts. The lodges were in shape like the fly of a wall tent,
jsimpl^ a sheet stretched for a cover.
At a Koonti ground on Horse Creek I met the Cat Fish Lake In-
dians. They had been forced to leave their homes to secure an extra
.supply of Koonti flour, because, as I understood the woman who told
me, some animals had eaten all their sweet i)otatoes. The lodges of
this party diftered from those of the southern Indians in being covered
above and around with palmetto leaves and in being shaped some
like wall tents and others like single-roofed sheds. The accompanying
sketch shows what kind of a shelter Tal-la-has-ke had made for himself
at Horse Creek. (Fig. 67.)
v: '-^
■ ,■;, )Ba.r.i'i6ii;
Fig. 67. Temporary dwelling.
MACCAULEV] HOME LIFE. 603
Adjoiniug each of these lodges was a platform, breast high. These
were made of small poles or sticks covered with the leaves of the pal-
metto. Upon and uuder these, food, clothing, and household utensils,
generally, were kept; and between the rafters of the lodges and the
roofs, also, many articles, especially those for personal use and adorn-
ment, were stored.
HOME LIFE.
Having now seen the formation of the Seminole family and taken a
glance at the dwellings, permanent and temporary, which it occupies,
we are prepared to look at its household life. I was surprised by the
industry and comparative prosperity and, further, by the cheerfulness
and mutual confidence, intimacy, and affection of these Indians in their
family intercourse.
The Seminole family is industrious. All its members work who are
able to do so, men as well as women. The former are not only hunters",
fishermen, and herders, but agriculturists also. The women not only
care for their children and look after the preparation of food and the
general welfare of the home, but are, besides, laborers iu the fields. In
the Seminole family, liotli husband and wife are land proprietors and
cultivators. Moreover, as we have seen, all children able to labor con-
tribute their little to the household prosperity. From these various
domestic characteristics, an industrious family life almost necessarily
follows. The dieesteem in which Tus-ko-na, a notorious loafer at the
Big Cypress Swamp, is held by the other Indians shows that laziness
is not countenanced among the Seminole.
But let me not be misunderstood here. By a Seminole's industry I do
not meau the persistent and rapid labor of the white man of a northern
comuuiuity. Tbe Indian is not capable of this, nor is he compelled to
imitate it. I meau only that, in describing him, it is but just for me to
say that he is a worker and not a loafer.
As a result of the domestic industry it would be expected that we
should find comparative prosperity prevailing among all Seminole fami-
lies ; and this is the fact. Much of the Indian's labor is wasted through
his ignorance of the ways by which it might be economized. He has
no labor saving or labor multiplying machines. There is but little dif-
ferentiation of function in either family or tribe. Each worker does all
kinds of work. Men give themselves to the hunt, women to the house,
and both to the field. But men may be found sometimes at the cook-
ing pot or toasting stick and women may be seen taking care of cattle
and horses. Men bring home deer and turkeys, &c. ; women spend
days in fishing. Both men and women are tailors, shoemakers, floiu-
makers, cane crushers and sirup boilers, wood hewers and bearers, and
water carriers. There are but few domestic functions which maybe
said to belong exclusively, on the one hand, to men, or, on the other, to
women.
504 SEMINOLE INDIANS OF FLORIDA.
Out of the iliversified domestic industry, as I liave said, comes com-
I)arative prosperity. The home is all that the Semiuole family needs or
desires for its comfort. There is enough clothing, or the means to get
it, for every one. Ordinarily more than a sufficient quantity of clothes
is possessed by each member of a family. Xo one lacks money or the
material with which to obtain that which money purchases. Xor ueed
any ever hunger, since the fields and nature otter them food in abun-
dance. The families of the northern camps are uot as well provided for
by bountiful nature as those south of the Caloosahatchie River. Yet,
though at my visit to the Cat Fish Lake Indians in midwinter the
sweet potatoes were all gone, a good hunting ground and fertile fields
of Koonti were near at Land for Tcupko's people to visit and use to
their profit.
Head the bill of fare from which the Florida Indians may select, and
compare with that the scanty supplies within reach of the Xorth Caro-
lina Cherokee or the Lake Superior Chippewa. Here is a list of their
meats: Of tiesh, at anj^ time venison, often opossum, sometimes rabbit
and squirrel, occasionally bear, and a land terrapin, called the " gopher,"
and pork whenever they wisli it. Of wild fowl, duck, quail, and turkey
in abundance. Of home reared fowl, chickens, more than they are will-
ing to use. Of fish, they can catch myriads of the many kinds which
teem in the inland waters of Florida, especially of the large bass, called
" trout" by the whites of the State, while on the seashore they can get
many forms of edible marine life, especially turtles and oysters.
Equally well oft' are these Indians in respect to grains, vegetables, roots,
and fruits. They grow maize in considerable quantity, and from it
make hominy and tlour, and all the rice they need they gather from
the swamps. Their vegetables are chiefly sweet potatoes, large and
much praised melons and pumpkins, and, if I may classify it with veg-
etables, the tender new growth of the tree called the cabbage palmetto.
Among roots, there is the great dependence of these Indians, the
abounding Koonti; also the wild potato, a small tuber found in black
swamp land, and peanuts in great quantities. Of fruits, the Seminole
family may supply itself with bananas, oranges (sour and sweet), limes,
lemons, guavas, pineapples, grapes (black and red), cocoa nuts, cocoa
plums, sea grapes, and wild plums. And with even this enumeration
the bill of fare is not exhausted. The Semiuole, living in a perennial
summer, is never at a loss when he seeks something, and something
good, to eat. I have omitted from the above list honey and the sugar
cane juice and sirup, nor have I referred to the purchases the Indians
now and then make from the white man, of salt pork, wheat flour,
coftee, and salt, and of the various canned delicacies, whose attractive
labels catch their eyes.
These Indians are not, of course, particularly provident. I was toid,
MACCALLEY] HOME LIFE. 505
Lowever, that they are beginning to be ambitious to increase their little
herds of horses and cattle and their numbers of chickens and swine.
CAMP FIKE.
Entering the more interior, the intimate home life of the Seminole,
one observes that tlie center about which it gathers is the camp lire.
This is never large except on a cool night, but it is of unceasing inter-
est to the household. It is the place where the food is prei)ared, and
where, by day, it is always i)reparing. It is tiie place where the social
intercourse of the family, and of the farady with their friends, is en-
joyed. There the story is told ; by its side toilets are made and house-
hold duties are performed, not necessarily on account of the warmth
the fire gives, for it is often so small that its heat is almost imper-
ceptible, but because of its central position in the household economy.
Tiiis tire is somewhat singularly constructed; the logs used for it are of
considerable length, and are laid, with some regularity, around a center,
like the radii of a circle. These logs are pushed directly inward as the
inner ends are consumed. The outer ends of the logs make excellent
seats ; sometimes they serve as pillows, especially for old men and
women wishing to take afternoon naps.
Beds and bedding aie of far less account to the Seminole family than
the camp fire. The bed is often only the place where one chooses to
lie. It is generally, however, chosen under the sheltering roof on the
elcTated ulatform, oi', when made in the lodge, on palmetto leases. It
is pillowless, and has covering or not, as the sleeper may wish. If a
cover is used, it is, as a rule, only a thin blanket or a sheet of cotton
cloth, besides, during most of the year, the canopy or mosquito bar.
MAXXER OF KATIXO
Next in importance to the camp tire in the life of the Seunnole house-
hold naturally comes the eating of what is prepared there. There is
nothing very formal in that. The Indians do not set a table or lay
dishes and arrange chairs. A good sized kettle, containing stewed
meat and vegetables, is the center arouiul which the fiimily gathers
for its meal. This, placed in some convenient spot on the ground
near the fire, is surrounded by more or fewer of the members of the
household iu a sitting posture. If all that they have to eat at that
time is contained in the kettle, each exti'acts, with his fingers or his
knife, a piece of meat or a bone with meat on it, and, holding it in one
hand, eats, while with tlie other hand each, in turn, supplies himself,
by means of a great wooden spoon, from the porridge in the pot.
The Seminole, however, though observing meal times with some reg-
ularity, eats just as his aiipetite invites. If it happens that he has a
side of venison roasting before the tire, he will cut from it at any time
during the day ami, with the piece of meat in one hand and a bit of
Koonfi or of ditfercnt broad in the other, satisfy his appetite. Not
506 SEMINOLE INDIANS OF FLORIDA.
seUlcm, too, he rises diiriug the uigbt and breaks his sleep by eating a
piece of the roasting meat. The kettle and big spoon stand always
ready for those who at any moment may hunger. There is little to be
said abont eating in a Seminole household, therefore, except that when
its members eat together Ihey make a kettle the center of their group
and that much of their eating is done -without reference to one another.
AMUSKiMENTS.
But one sees the family at home, not only working and sleei)iiig and
eating, but also engaged in amusing itself. Especially among the chil-
dren, various sports are indulged in. I took some trouble to learn what
amusements the little Seminole had inventeil or received. I obtained
a list of them which might as well be that of the white man's as of the
Indian's child. The Seminole has a doll, i. e., a bundle of rags, a stick
with a bit of cloth wrapped about it, or something that serves just as
well as this. The cliildren build little houses for their dolls and name
them ''camps." Boys take their bows and arrows and go into the
bushes and kill small birds, and on returning say they have been
" turkey-hunting." Children sit around a small jnece of land and, stick-
ing blades of grass into the ground, name it a "corn field." They have
the game of " hide and seek." They use the dancing rope, manufacture
a " seesaw," play " leap frog," ami build a " merrygo-round." Carrying
a small stick, they say they carry a rifle. I noticed some children at
play one day sitting near a dried deer skin, which lay before them stiff
and resonant. They had taken from the earth small tubers about an
inch in diameter found on the roots of a kind of grass and called "deer-
food." Through them they had thrust sliaip sticks of the thickness
of a match and twice as long, making what we would call "teetotums."
These, by a quick twirl between the palms of the hands, were set to
spinning on the dew skin. The four children were kee[)ing a dozen or
more of these things going. The sport thej* called " a dance."
I need only add that the relations among tbe various njembers of the
Indian lamily in Florida are, as a rule, so well adjusted and observed
that home life goes on without discord. The father is beyond question
master in his home. To the mother behuigs a peculiar domestic im-
})ortauce from her connection with her gens, but botli she and her
children seek first to know and to do the will of the actual lord of the
household. The father is the master without being a tyrant ; the
mother is a subject without being a slave; the children have not yet
learned self-assertion in opposition to their parents: consequently,
there is no constraint in family intercourse. The Seminole household
is cheerful, its members are mutually confiding, and, in the Indian's
way, intimate and affectionate.
MACCALUcv.l CLANS OF THE SEMINOLE. 507
THE SEMINOLE CtENS.
Of this larger body of kiudied, existing, as I could see, iu very di^s■
tiuct form among tlie Seminole, I gained but little definite knowledge.
What few facts I secured are Lere placed on record.
After I was enabled to make my inquiry understood, I souglit to
learn from my respondent tlie name of tbe gens to wliicb each Indian
whose name I had received belonged. As the result, I found that the
two hundred and eight Seminole now iu Florida are divided into the
following gentes and in the following numbers:
1. Wiud gens 21 | 7. Bear geus 4
y. Tiger geus 38 8. Wolf geus 1
3. Oiter gens 39 1 9. Alligator geus 1
4. Bird geus 41! Utikuown geutes 10
5. Deer geas 18 !
6. Snake gens 15 Total 208
I endeavored, also, to learn the name the Indians use for gens or clan,
aud was told that it is " Poha-po-hCim-kosin;" the best translation I
cau give of tbe name is " Those of one camp or house."
Examining my table to iind whether or not the word as translated
describes the fact, I notice that, with but oue exception, wliich may not,
after all, prove to be an excejitiou, each of the twenty-two camps into
which tiie thirty-seven Seminole families are divided is a camp in which
all the pei'sons but the husbands are members of one gens. The camp
at Miau)i is an apparent exception. There Little Tiger, a rather imi)or-
taut personage, lives with a number of unmarried relatives. A Wolf
has married one of Little Tiger's sisters and lives in the camp, as prop-
erly he shoidd. Lately Tiger himself has married au Otter, but, instead
of leaving bis relatives and going to the camp of Lis wife's kindred,
his wife has taken up her home with his people.
At the Big Cypress Swamp I tried to discover the comparative rank or
dignity of the various clans. Iu re])ly, I was told by one of the Wind
clan that they are graded in the following order. At the northernmost
camp, however, another order ajipears to have been established.
Biij Ciipress viiiiij). Xortluiumost cnmp.
1. The Tiger.
2. The Wiud.
3. The Otter.
4. The Bird.
5. The Bear.
6. The Deer.
7. The Buffalo.
8. The Snake.
9. The Alligator.
10. The Horued Owl.
This second order was given to me by one of the Bird gens and by
one who calls himself distinctively a " Tallahassee " Indian. The Buffalo
1.
The V^'iud.
2.
The Tiger.
3.
The Otter.
4.
The Bird.
5.
The Deer.
G.
The Suake
7.
The Bear.
8.
The Wolf.
508 SEMINOLE INDIANS OF FLORIDA.
and the Horned Owl clans seem now to be extinct in Florida, and I am
not altogether sure that the Alligator clan also has not disappeared.
The gens is "a group of relatives tracing a common lineage to some
remote ancestor. This lineage is traced by some tribes throngh the
mother and by others through the father." " The gens is the grand
unit of social organization, and for many purposes is the basis of gov-
ernmental organization." To the gens belong also certain rights and
duties.
Of the characteristics of the gentes of the Florida Seminole, I know
only that a man may not marry a woman of his own clan, that the
children belong exclusively to the mother, and that by birth they are
mendiers of her own gens. So far as duogainy prevails now among the
Plorida Indians, I observed that both the wives, in every case, were
members of one gens. I understand also that there are certain games
iu which men selected from gentes as such are the contesting partici-
pants.
FELLOWIIOiiD.
In this connection I may say that if I was understood in my inquiries
the Seminole have also the institution of "Fellowhood" among them.
Major Powell thus describes this institution : "Two young men agree
to be life friends, 'more than brothers,' confiding without reserve each
in the other and protecting each the other from all harm."
THE SEMINOLE TRIHE.
TKIBAL OKGAXIZ.VTIil.V.
The Florida Seminole, considered as a tribe, have a very imperfect
organization. The complete tribal society of the past was much broken
up through wars with the United States. These wars having ended in
the transfer of nearly the whole of the population to the Indian Ter-
ritory, the few Indians remaining in Florida were consequently left iu
a comparatively disorganized condition. There is, however, among
these Indians a simple form of government, to which the inhabitants of
at least the three southern settlements submit. The people of Oat Fish
Lake and Cow Creek settlements live in a large measure independent
of or without civil connection with the others. Tcup-ko calls liis peo-
ple '-Tallahassee Indians." He says that they are not " the same" as
the Fish Eating Creek, Big Cypress, and Miami people. I learned,
moreover, that the ceremony of the Green Corn Dance may take jilace
at tlie three last named settlements and not at those of the north. The
"Tallahassee Indians" go to Fish Fating Creek if they desire to take
l)art in the festival.
SEAT OF GOVERXMKXT.
So far as there is a common seat of government, it is located at Fish
Eating Creek, where reside the head chief and big medicine man of
M.ucAiLEv] TRIBAL RELATIONS. 509
tbe Seiniuole, Tus-ta-nug-ge, and liis brother, Hus pa-ta-ki, also a medi-
ciue luau. These two are called tbe Tus laniigul-ki, or " great heroes "
of the tribe. At this settlement, annually, a council, composed of minor
chiefs from the various settlements, meets and passes upon the affairs of
the tribe.
TRIBAL OFIICERS.
What the official organization of the tribe is 1 do not know. My re-
spondent could not tell me. I learned, in addition to what I have just
written, only that there are several Indians with official titles, living at
each of the settlements, except at the one on Cat Fish Lake. These
were classified as follows :
Settlements. | medkioe^man. War cbiefs. Liltk- chiefs. MeJicine meo.
Big Cypress Swamp i 2 2I 1
Miami River \ I ] I 1
Fish Eating Creek j 1 1 1
Cow Creek [ , 1 2
Total .
NAMK l)F TRIBK.
I made several efforts to discover the tribal name by which these In-
dians now designate themselves. The name Seminole they reject. In
tlieir own language it means " a wanderer," and, when used as a term
of reproach, "a coward." Konip-ha-tco said, "Me no Semai-nole ;
Seminole cow, Seminole deer, Seminole rabbit; me no Seminole. In-
dians gone Arkansas Seminole." He meant that timidity and flight
from danger are "Seminole" qualities, and that tlie Indians who had
gone west at the bidding of the Government were the true renegades.
This same Indian informed me that the people south of the Caloosa-
hatchie Eiver, at Miami and the Big Cypress Swamp call themselves
"Kiin yuk-sa Is ti-tcati," i. e., "Kiin-yuk-sa red men." Kan-ynk-sa is
their word for what we know as Florida. It is composed of I-kan-a,
"ground," and I-yuk sa, "point "or "tip," i.e., point of ground, or pen-
insula. At the northern camps the name appropriate to the people
there, they say, is " Tallahassee Indians."
CHAPTER III.
SEMINOLE TRIBAL LIFE.
We may now look at tbe life of the Seuiiuole in its broader relations
to the tribal organization. Some light has already been thrown on this
subject by the preceding descriptions of the personal characteristics and
social relations of these Indians. But there are other matters to be
considered, as, for example, industries, arts, religion, and the lilce.
INDUSTRIES.
AGHICUl.TUKK.
Prominent among the industries is agriculture. The Florida Indians
have brought one hundred or more acres of excellent land under a rude
sort of cultivation. To each family belong, by right of use and agree-
ment with other Indians, fields of from one to four acres in extent. The
only agricultural implement they have is the single bladed hoe com-
mon ou the southern i)lantation. However, nothing more than this is
required.
Soil. — The ground they select is generally in the interiors of the rich
hammocks which abound in the swamps and prairies of Southern Flor-
ida. There, with a soil unsurpassed in fertility and needing only to
bo cleared of trees, vines, underbrush, &c., one has but to plant corn,
sweet potatoes, melons, or any thing else suited to the climate, and keep
weeds from the growing vegetation, that he may gather a manifold re-
turn. The soil is wholly without gravel, stones, or rocks. It is soft,
black, and very fertile. To what extent the Indians carry agriculture I
do not know. I am under the impression, however, that they do not
attenii>t to giow enough to i)rovide much against the future. But, as
tlicy have no season in the year wholly unproductive and for which
they must make special provision, their im[)rovidence is not followed
by serious consequences.
Corn. — The chief product of their agriculture is corn. This becomes
edible in the months of Jlay and June and at this time it is eaten in
great quantities. Then it is that the annual festival called the " Green
Corn Dance" is celebrated. When the corn ripens, a quantity of it is
laid aside and gradually used in the form of hominy and of what I
beard described as an "exceedingly beautiful meal, white as the finest
wheat flour." This meal is produced by a slow and tedious process.
The corn is bulled and the germ cut out, so that there is only a pure
white residue. This is then reduced by mortar and pestle to an almost
impalpable dust. From this flour a cake is made, which is said to be
very pleasant to the taste.
510
MACCAUI-Ey.)
INDUSTRIES.
511
Sugar cane. — Auotber product of their agiiciilture is the sugar cane.
In growing this they are the producers of perhaps the finest sugar cane
grown in America; but they are not wise enough to make it a source of
profit to themselves. It seems to be cultivated more as a passing
luxury. It was at " Old Tommy's" sugar field I met the forty-eight of the
people of the Big Cypress Swamp settlement already mentioned. Thej'
had left their homes that they might have a pleasuring for a few weeks
together, "camping out" and making and eating sirup. The cane which
had lieen grown there was the largest I or my companion, Oapt. F. A.
Hendry, of Myers, had ever seen. It was two inches or more in diam-
eter, and, as we guessed, seventeen feet or more in length. To obtain
the sirup the Indians had constructed two rude mills, the cylinders of
wliich, however, were so loosely adjusted that full half the juice was
lost in the process of crushing the cane. The juice was caught in vari-
ous kinds of iron and tin vessels, kettles, pails, and cans, and after hav-
ing been strained was boiled until the proper consistency was reached.
Fl-;. (i8. Sug;ir I'rtiie crusher.
At the time we were at the camp quite a quantity of the sirup had
been made. It stood around the boiling place in kettles, large and
small, and in cans bearing the labels of well known Boston and jS'ew
York packers, which had been purchased at Myers. Of special interest
to me was a platform near the boiling place, on which lay several deer
skins, that had been taken as nearly whole as possible from the bodies
of the animals, and utilized as holders of the sirup. They were filled
with the sweet stuff, and the ground beneath was well covered by a
slow leakage from them. "Key West Billv" offered me some of the
512 SEMINOLE INDIANS OF FLORIDA.
cane juice to driuk. It was clean looking ami served in a silver gold
lined cup of spotless brilliancy. It made a welcome and delicious drink.
I tasted some of the sirup also, eating it Indian fasbion, i. e., I i)ared
.some of their small boiled wild potatoes and, dipping them into the
sweet liquid, ate them. The potato itself tastes somewhat like a boiled
chestnut.
Tlie sugar cane mill was a poor imitation of a machine the Indians
had seen among the whites. Its cylinders were made of live oak; the
driving cogs wei'e cut from a much harder wood, the mastic, I was told;
and these were so loosely set into the cylinders that I could take them
out with thumb and forefinger. (Fig. G8.)
It is not necessary to speak in particular of the culture of sweet
potatoes, beans, melons, &c. At best it is very primitive. It is, how-
ever, deserving of mention that the Seminole have around their houses
at least a thousand banana plants. When it is remembered that a
hundred bananas arc not an overlarge yield for one plant, it is seen
liow well ofl', so far as this fruit is concerned, these Indians are.
Next in importance as an industry of the tribe (if it may be so called)
is hunting. Southern Florida abounds in game and the Indians have
only to seek in order to find it. For this purpose they use the rifle.
The bow and arrow are no longer used for hunting puri)oses except by
the smaller children. Tlie rifles are almost all the long, heavy, small
bore "Kentucky" rifle. This is economical of powder and lead, and for
this reason is preferred by many to even the modern improved weapons
which carry fixed ammunition. The Seminole sees the wliite man so
seldom and lives so far from trading posts that he is not willing to be
confined to the use of the jirepared cartridge.
A few breech loading rifles are owned in the tribe. The shot gun is
much disliked by the Seminole. There is only one among them, and
that is a combination of shot gun with rifle. I made a careful count
of their fire arras, and found that they own, of "Kentucky" rifles, 03;
breech loading rifles, S; shot gun and I'ifle, 1; revolvers, 2 — total, 74.
MetJiocls of hunting.— The Seminole always hunt their game on foot_
They can approach a deer to within sixty yards by their method of rap.
idly ucaiing him while he is feeding, and standing perfectly still when he
raises his head. They say that they are able to discover by certain
movements on the part of the deer when the head is about to be lifted.
They stand side to the aniuuil. They believe that they can thus deceive
the deer, appearing to them as stumps or trees. They lure turkeys
within shooting distance by an imitation of the calls of the bird. They
leave small game, such as birds, to the children. One day, while some
of our party were walking near Horse Creek with Ka-tca-la-ni, a covey
of quail whirred out of the grass. By a quick jerk the Indian threw
MACCAULEv.l INDUSTRIES. 513
bis ramrod among the birds aud killed one. He appeared to regard
this feat as neither accidental nor remarkable.
I sought to discover how many deer tlie Seminole annually kill, but
coukVget no number which I can call trustworthy. I \euture twenty-
five hundred as somewhere near a correct estimate.
Otter hunting is another of the Seminole industries. This animal has
been pursued with the rifle aud with the bow and arrow. Lately the
Indians have heard of the trap. When we left Horse Creek, a request
was made by one of them to our guide to purchase for him six otter
tra])s for use in the Cat Fish Lake cam^).
Fishing is also a profitable industry. For this the hook aud line are
often used; some also use the spoon hook. But it is a common practice
among them to kill the fish with bow aud arrow, and in this they are
quite skillful. One morning some boys brought me a bass, weighing
perhaps six pounds, which one of them had shot with an arrow.
STOCK HAISIXC.
Stock raising, in a small way, may be called a Seminole industry.
I found that at least fifty cattle, and probably more, are owned by
members of the tribe and that the Seminole jirobably possess a thousand
swine and five hundred chickens. The latter are of an excellent breed.
At Cat Fish Lake an unusual interest in horses seems now to be devel-
oping. I found there twenty horses. I was told that tliere are twelve
hoi'ses at Fish Eating Creek, aud I judge that between thirty-five and
forty of these animals are now in possession of the tribe.
The unique industry, in the more limited sense of the word, of the
Semiuole is the making of the Koonti flour. Koonti is a root contain-
ing a large percentage of starch. It is said to yield a starch equal to
that of the best Bermuda arrowroot. White men call it the " Indian
bread root," and lately its worth as an article of commerce has been
recognized by the whites. There are now at least two factories in oper-
ation in Southern Florida in which the Koonti is made into a flour for
the white man's market. I was at one such factory at Miami aud saw
another near Orlando. I ate of a Koonti pudding at Miami, and can
say that, as it was there prepared and served with milk aud guava
jelly, it was delicious. As might be supposed, the Koonti iudustiy, as
carried on by the whites, produces a far finer flour than that which
the Indians manufacture. The Indian process, as I watched it at Horse
Creek, was this: The roots were gathered, the earth was washed from
them, and they were laid in heaps near the "Koonti log."
The Koonti log, so called, was the trunk of a large pine tree, in which
a number of holes, about nine inches square at the top, their sides
5 ETH 33
514
SEMINOLE INDIANS OP FLORIDA.
sloping downward to a point, bad been cut side by side. Eacli of tbese
holes was the property of some one of the squaws or of the children of
Fig. 69. Koonti log.
the camp. For each of the boles, which were to serve as mortars, a
pestle made of some bard wood had been furnished. (Fig. G9.)
Ibe first step in the process was to reduce the washed Koonti to a
kind of pulp. This was done by chopping it into small pieces and
Fig. 70. Koonti pestles.
filling with it one of the mortars and pounding it with a i)estle. The
contents of the mortar were then laid upon a small platform. Each
■worker had a platform. When a sufiQcient quantity of the root had
been pounded the whole mass was taken to the creek near by and Ihor-
oughly saturated with water in a vessel made of baik.
Fig. 71. Koonti mash vessel.
MACCAULEY.
KOONTI INDUSTRY.
515
The ])ulp was then washed iii a straiuiug cloth, the starch of the
Koouti (Iraiuiug iuto a deer hide suspended below.
Fig. 72. Koonti strainer.
Wheu the starcli had been thoroughly washed from the mass the lat-
ter was throwu away, and the starchy sediment in the water in the deer
skin left to ferment. After some days the sediment was taken from the
water and spread upon palmetto leaves to dry. Wheu dried, it was a
yellowisli white iJour, ready for use. In the factory at Miami substan-
tially tliis process is followed, the chief variation from it being that the
516 SKMINOLE IXDIAXS Of KLOKIDA.
Kooiiti is passed tlirougli several successive _feriiieutatious, thereby
maliiug it purer aud whiter than the Indiau product. Improved ajipli-
ances for the inauufacture are used liy the white inau.
The Kooiiti bread, as I saw it ainoug the Indians, was of a bright
orauge color, aud lather insipid, though not unpleasant to the taste. It
was saltless. Its yellow color was owing to the fact that the flour had
Lad but one fermentation.
INDUSTRIAL STATISTICS.
The following is a summary of the results of the industries now en-
gaged iu by the Florida Indians. It shows what is approximately true
of these at the present time:
Acres uuder cultivation 100
Com r.iised bushels.. 500
Sugarcane gallons.. 1,500
Cattle '. number owned.. ."jO
Swine do 1,000
Chickens do 500
Horses do 35
Koonti bushels.. 5, 000
Sweet potatoes do
Melons -.number.. 3,000
ARTS.
IXDUSTIilAI. AUT.S.
In reference to the way in which the Seminole Indians have met ne-
cessities for invention aud have expressed the artistic impulse, I found
little to add to what I have already placed on record.
Uteniils and implements. — The proximity of this people to the Euro-
peans for the last three centuries, while it has not led them to adopt the
white man's civilization in matters of government, religion, language,
manners, and customs, has, nevertheless, induced them to appropriate
for their own use some of the utensils, implements, weapons, &c., of
the strangers. For example, it was easy for the ancestors of these
Indians to see that the iron kettle of the white man was better iu every
way than their own earthenware pots. Gradually, therefore, the art of
making pottery died out among them, and now, as I believe, there is no
pottery whatever in u.^e among the Florida Indians. They neither inake
nor purchase it. They no longer buy even small articles of earthen-
ware, jireferring tin instead, Iron implements l.kewise have supplanted
those made of stone. Even their word for stone, "Teat-to," has been
applied to iron. They purchase hoes, hunting knives, hatchets, axes,
and, for special use in their homes, knives nearly two feet in length.
With these long knives they dress timber, chop meat, etc.
We(q)ons. — They continue the use of the bow and arrow, but no longer
for the purposes of war, or, by the adults, for the purpo.- es of hunting.
MACCAfLEY.]
INDUSTRIAL ARTS.
617
The rifle serves them much better. It seems to be customary for every
male iu the tribe over twelve years of age to provide himself with a
rifle. The bow, as now made, is a single piece of mulberry or other
elastic wood and is from four to six feet in length ; the bowstring is
made of twisted deer rawhide; the arrows are of cane and of hard
■wood and vary in length from two to four feet; they are, as a rule,
tipped with a sharp conical roll of sheet iron. The skill of the young
men iu the use of the bow and arrow is remarkable.
Wcavi)iff and basl~et making. — The Seminole are not now weavers.
Their few wants for clothiag and bedding are supplied by fabrics man-
ufactured by white men. They are in a small way, however, basket
makers. From the swamp cane, and sometimes from the covering of
the stalk of the fan palmetto, they manufacture flat baskets and sieves
for domestic service.
Uses of fhe palmetto. — In this connection I call attention to tlie ines-
timable value of the palmetto tree to the Florida Indians. From the
trunk of the tree the frames and platforms of their houses are made; of
its leaves durable water tight roofs are made for the houses; with the
leaves their lodges are covered and beds protecting the body from the
dampness of the ground are made; the tough fiber which lies between
the stems of the leaves and the bark furnishes them with material from
which they make twine and rope of great strength and from which they
could, were it necessary, weave cloth for clothing; the tender new
growth at the top of the tree is a very
nutritious and palatable article of food, L ^
to be eaten either raw or baked; its taste
is somewhat like that of the chestnut ; its
texture is crisp like that of our celery
stalk.
Mortar and pestle. — The home made
mortar and pestle has not yet been sup-
planted by any utensil furnished by the
trader. This is still the best mill tliey
have iu which to grind their corn. The
mortar is made from a log of live oak (?)
wood, ordinarily about two feet iu length
and from fifteen to twenty inches in diam-
eter. One end of the log is hollowed out
to quite a depth, and in this, hy the ham-
mering of a iiestle made of mastic wood,
the corn is reduced to hominy or to the
impalpable flour of which I have spoken.
(Fig. 73.)
Canoe malinf/. — Canoe making is still
one of their industrial arts, the canoe being their chief means of trans-
portation. The Indian settlements arc a'l so situated that the Inhabit-
FlG. 73. Mortar and pestle.
518
SEMINOLE INDIANS OF FLORIDA.
ants of one can reach those of the others by water. The canoe is what
is known as a '-dugont," made from the cypress log.
Fire making. — The art of fire making by simple friction is now, I be-
lieve, neglected among the Seminole, unless at the starting of the
sacred fire for the Green Corn Dance. A fire is now kindled either by
the common Ma-tci (matches) of the civilized man or by steel and flint,
powder and paper. " Tom Tiger " showed me how he builds a fire when
away from home. He held, crumpled between the thumb and fore-
finger of the left hand, a bit of paper. In the folds of the paper he
poured from his powder horn a small quantity ot gunjjowder. Close
beside the paper he held also a piece of flint. Striking this flint with
a bit of steel and at the same time giving to the left hand a quick up-
ward movement, he ignited the powder and paper. From this he soon
made a fire among the pitch pine chippings he had jireviously i)rei)ared.
Preparation ofsldns. — I did not learn just how the Indians dress deer
skins, but I observed that thej' had in use and for sale the dried skin,
with the hair of the animal left on it; the bright yellow buckskiu, very
soft and strong ; and also the dark red buckskin, which evidently had
passed, in part of its preparation, throngh smoke. I was told tbat the
brains of the animal serve an important use in the skin dressing proc
ess. The accompanying sketch shows a simple frame in use for stretch-
ing and drying the skin. (Fig. 74.)
II 4 llilo strtt h r
ORNAMENTAL ARTS.
To my search for evidence of the working of the art instinct proper,
i. e., in ornamental or fine art, I found but little to add to what has been
MACCAULF.Vl
RELIGION.
519
alreatly said. I saw but few attempts at ornaiuentatiou beyond those
made on the persou and on clothing. Houses, canoes, utensils, imple-
ments, weapons, were almost all without carving or painting. In fact,
the only carving I noticed iu the Indian country was oa a pine tree
near Myers. It was a rude outline of the head of a bull. The local
report is that when the white men began to send their cattle south of
the Caloosahatchie River the Indians marked this tree with this sign.
The only painting I saw was the rude representation of a man, upon
the shaft of one of the pestles used at the Koonti log at Horse Creek.
It was made by one of the girls for her own amusement.
I have already sjioken of the art of making silver ornaments.
Music. — Music, as far as I could discover, is but little iu use among
tlie Seminole. Their festivals are few; so few that the songs of the
fathers have mostly been forgotten. They have songs for the Green
Corn Dance; they ha^e luUabys; aud there is a doleful song they sing
in praise of drink, which is occasionally heard when the white man
has sold Indians whisky on coming to town. Knowing the motive of
the song, I thought the tune stujiid and maudlin. Without pretendi'ig
to reproduce it exactly, I remember it as something liJce tliis:
J|J.IJ.1J|JJ
£E^S
"^
Mypreciousdrinli, I fondly lovethee . Standmgltal<ethee.Anclwall<untilmorn- Yo wan-ha-de.
I give a free translation of tlie Indian words and an apjiroximation
to the tune. The last note in tliis, as in the lullaby I noted above, is
unmusical and staccato.
RELIGION.
I could learn but little of the religious faiths and practices existing
among the Florida Indians. I was struck, however, in making my in-
vestigations, by the evident iutluence Christian teaching has had upon
the native faith. How far it has penetrated the inherited thought of
the Indian I do not know. But, in talking with Kouip-ha-tco, he told
me that his people believe that the Koonti root was a gift from God ;
that long ago the "Great Spirit" sent Jesus Christ to the earth with the
precious plant, aud that Jesus had descended upon the world at Cape
Florida and there given the Koonti to "the red men." In reference
to this tradition, it is to be remembered that during the seventeenth
century the Spaniards had vigorous missions among the Florida In-
dians. Doubtless it was from these that certain Christian names and
beliefs now traceable among the Seminole found way into the savage
creed and ritual.
I attempted several times to obtain from my interpreter a statement
of the religious beliefs he had received from his people. I cannot afiSrm
with confidence that success followed my efforts.
520
SEMINOLE INDIANS OF FLORIDA.
He toUl lue that his people believe iu a "Great Spirit," whose uame
is His-a-kit-a mis i. This word, I have good reason to believe, meaus
" the master of breath." The Semiuole for breath is His-a-kit-a.
I cannot be sure that Ko nip-hatco knew anything of what I meant
bj the word "si)irit." I tried to convey my meaning to him, bat I think
I failed. He told me that the place to which Indians go after death is
called "Po-ya-fl tsa" and that the Indians who have died are the
Pi-ya-fits-ul-ki, or "the people of Poya-fltsa." That was our nearest
understanding of the word "spirit" or "soul."
MORTUARV CUSTOMS.
As the Semiuole mortuary customs are closely connected with their
religious beliefs, it will be in place to record here what I learned of
them. The description i-efers particularly to the death and burial of a
child.
The preparation for burial began as soon as death had taken i)lace.
The body was clad iu a new shirt, a new handkerchief being tied about
the neck and another around the head. A spot of red paint was placed
on the right cheek and one of black upon the left. The body was laid
face upwards. In the left band, together with a bit of burnt wood, a
small bow about twelve inches in length was placed, the hand lying
naturally over the middle of the body. Acro.ss the bow, held by the right
liaud, was laid an arrow, slightly drawn. During these preparations,
the women loudly lamented, with hair disheveled. At the same time
some men had selected a place for the burial and made the grave in
Fig. 75. Seminole bier.
this manner : Two palmetto logs of proper size were split. The four
pieces were then firmly placed on edge, in the shape of an oblong bos,
lengthwise east and west. In this box a floor was laid, and over this a
blanket was spread. Two men, at next sunrise, carried the body from
UACCALLEV..
MORTUARY CUSTOM.S.
521
the camp to tUe place of burial, the body beiiiy suspended at feet
thighs, back, an d neck from a long pole (Fig. 75). The relatives foL
lowed. In the grave, which is called '-Tohop-ki'' — a word used bj-
the Seminole for "stockade," or "fort," als^o, the body was then laid
the feet to the east. A blanket was then carefully wrapped around the
body. Over this palmetto leaves were placed and the grave was tightly
closed bj' a covering of logs. Above the box a roof was then built
Sticks, in the form of au X, were driven into the earth across the over-
lying logs; these were connected by a pole, and this structure was cov-
ered thickly with palmetto leaves. (Fig. 76.)
4.^A^
L
i^l^0:;?..,;;M
Fig. 76. Seminole grave.
The bearers of the body then made a large fire at each end of the "To-
hop ki." With this the ceremony at the grave ended and all returned
to the camp. During that day and for three days thereafter the rela-
tives remained at home and refrained from work. The fires at the grave
were renewed at sunset by those who had made them, and after night-
fall torches were there waved in the air, that "the bad birds of the
night" might not get at the Indian lying in his grave. The renewal of
the fires and waving of the torches were repeated three days. The fourth
day the fires were allowed to die out. Throughout the camp "medicine"
had been sprinkled at sunset for three days. On the fourth day it was
said that the Indian "had gone." From that time the mourning ceased
and the members of the family returned to their usual occupations.
The interpretation of the ceremonies just mentioned, as given me, is
this: The Indian was laid in his grave to remain there, it was believed,
only until the fourth day. The fires at head and feet, as well as the
waving of the torches, were to guard him from the approach of "evil
birds" who would harm him. Ilis feet were placed toward the east,
that when he arose to go to the skies he might go straight to the sky
522 SEMINOLE INDIANS OF FLORIDA.
]iatb, wliieh commeuced at the place of the sun's rising; that were lie
laid with the feet in any other direction he would not know when he rose
what ])ath to take and be would be lost in the darkness. He bad with
hiiu his bow and arrow, that he might procure food ou bis way. The
jiiece of burnt wood in his hand was to protect him from the "bail
birds" while he was on his skyward journey. These ''evil birds" are
called Ta-lak-i-^rlak-o. The last rite paid to the Seminole dead is at
the end of four moons. At that time the relatives go to the To hop ki
and cut from around it the overgrowing grass. A widow lives with
disheveled hair for the first twelve moons of her widowhood,
GRKKX CORN DANCE.
The one institution at present in which the religious beliefs of the
Seminole find special expression is what is called the "Green Corn
Dance." It is the occasion for an annual i)urificatiou and rejoicing. I
could get no satisfactory description of thy festival. No white man, so
I was told, has seen it, and the only Indian I met who could in any man-
ner speak English made but an imperfect attempt to describe it. In
fact, ho seemed unwilling to talk about it. He told me, however, that
as the season for holding the festival api)roaches the medicine men
assemble and, through their ceremonies, decide when it shall take
place, and, if I caught his meaning, determine also how long the dance
shall continue. Others, on the contrarj', told me that the dance is
always continued for four days.
Fifteen days previous to the festival heralds are sent from the lodge
of the medicine men to give notice to all the camps of tlie day when the
dance will commence. Small sticks are thereupon hung up in each
camp, representing the number of days between that date and the da^^
of the beginning of the dance. With the passing of each day one of
the.se sticks is thrown away. The day the last one is cast aside the fam-
ilies go to the appointed place. At the dancing ground they find the
selected space arranged as in the accompanying diagram (Fig. 77).
The evening of the first day the ceremony of taking the "Black
Drink," Pa-sa-iskit-a, is endured. Tiiis drink was described to me as
having both a uau.seating smell and taste. It is probably a mixture
similar to that used by the Creek iu the last century at a like cere-
mony. It acts as both an emetic and a cathartic, aud it is believed
among the Indians that unless one drinks of it he will be sick at some
time in the year, and besides that he cannot safely eat of the green corn
of the feast. During the drinking the dance begins and proceeds ; iu
it the medicine men join.
At that time the Medicine Song is sung. My Indian would not re-
peat this song for me. He declared that any one who sings the Medi-
cine Song, except at the Green Corn Dance or as a medicine man,
will certainly meet with some harm. That night, after the "Black
Drink" has had its effect, the Indians sleep. The next morning they
MACCAL-LEY.
GKEEX CORN DANCE.
523
eat of the greeu coin. The day following is one of fasting, but the next
day is one of great feasting, " Ilom-pi-ta-ylak-o," in which "Indian eat
all time," " Hoiu-pis-yaki ta."
4-t + + + + + + 1-
+t+++4+++
S<ju
■ 0-PUN-KA-TO-LO-KA-TI
or the Vance Circle.
"TEOK-KO-CLACO
House where the
warriors sit.
UIS-WA-MA-TOE-UL-KI'
Men n-ho waich the
niedicine fire.
t'^
Medicine ;-
fire. +J
Squa^vs.
+++++++++
1- + + +++ + n-
Fig. 77. Green Corn Dance.
USE OF MEDICINES.
Concerning the use by the Indians of medicine against sickness, I
learned only that they are in the habit of taking various herbs for their
ailments. What part incantation or sorcery plays in the healing of
disease I do uot know. Xor did I learn what the Indiaus think of the
origin and effects of dreams. Me-le told me that he knows of a plant
the leaves of whicli, eaten, will cure the bite of a rattlesnake, and that
he knows also of a plant which is an antidote to the noxious effects
of the poison ivy or so-called poison oak.
GENERAL OBSEEVATIONS.
I close this chapter by putting upon record a few general observa-
tions, as an aid to future investigation into Seminole life.
STANDARD OF ^■ALUE.
The standard of value among the Florida Indians is now taken from
the currencv of the United States. The unit they seem to have adopted,
524
SEMINOLE INDIANS OF FLORIDA.
at least at the Big Cypress Swamp settlement, is twenty-five cents,
which they call "Kau-catkahumkiu" (literally, "one mark on the
ground"). At Miami a trader keeps his accounts with the Indians iu
single marks or pencil strokes. For example, an Indian brings to him
buck skins, for which the trader allows twelve "chalks." The Indian,
not wishing then to purchase anything, receives a piece of paper marked
in this way:
"IIII-IIII-IIII.
J. W. E. owes Little Tiger $3."
At his nest visit the Indian may buy five "marks" worth of goods
The trader then takes the paper and returns it to Little Tiger changed
as follows :
"IIII-IIL
J. W. E. owes Little Tiger
$L75."
Thus the account is kept until all the "marks" are crossed off, when
the trader takes tlie paper into his own possession. The value of the
purchases made at Miami by the Indians, I was informed, is annually
about $2,0U0. This is, however, an amount larger than would bo the
average for the rest of the tribe, for the Miami Indians do a considera-
ble business in the barter and sale of ornamental plumage.
What the primitive standard of value among the Seminole was is
suggested to me by their word for money, "Tcat-to Ko-nawa." "Ko-
ua-wa" means beads, and "Tcat-to," while it is the name for iron and
metal, is also the name for stone. "Tcat-to" probably originally meant
stone. Tcat-to Ko-nawa (i. e., stone beads) was, then, the primitive
money. With "Hat-ki," or white, added, the word means silver; with
"La ni," or yellow, added, it means gold. For greenbacks they use the
words "Nak-ho-tsi Tcat-to Ko-nawa," which is, literally, "paper stone
beads."
Their methods of measuring are now, probably, those of the white
man. I questioned my respondent closely, but could gain no light upon
the terras he used as equivalents for our measareinents.
DIVISIONS OF TIME.
I also gained but little knowledge of their divisions of time. They
have the year, the name for which is the same as that uslhI for sum-
mer, and in their year are twelve months, designated, rc-spectively :
1. Qla-futs-u-tsi, Little AVinter.
2. Ho-ta-li-hasi, Wiud Moou.
3. Ho-ta-Ii-La-si-Qlak-o, Big Wiud Moou.
4. Ki-ba-su-tsi, Little Mulberry Moou.
5. Ki-ba-si-flak-o, Big Mull)eiTy Moon.
6. Ka-tco-ba-si.
7. Hai-yu-tsi.
8. Haiyu-tsi-flak-o.
9. O-ta-wiis-ku-tsi.
10. O-ta-wus-ka-flak-o.
11. I-bo-li.
12. gia-fo-flak-o, Big Winter.
MAccAULET.] IDEAS OF TIME, NUMBER, AND COLOR. 525
I suppose that the spelling of these words could be improved, but I
reproduce them phouetically as nearly as I can, not making what to me
would bt» desirable corrections. The months appear to be divided
.simply into days, and these are, in part at least, numbered by reference
to successive positions of the moon at sunset. When I asked Tal-la-
hiis-ke how long he would stay at his present camp, he made reply by
pointing, to the new moon in the west and sweeping his hand from west
to east to where the moon would be when he should go home. lie
meant to answer, about ten days thence. The day is divided by terms
descriptive of the positions of the sun in the sky from dawn to snn.set.
NUMERATION.
The Florida Indians can count, by their system, indefinitely. Their
system of numeration is quinary, as will appear from the following list:
1. Hdm-kin.
'2. Ho-ko-liii.
3. Totd-nin.
4. Os-tin.
5. Tsaq-ke-pin.
6. I-pa-kiu.
7. Ko-lo-ytSL-Kiu.
8. Tti-Ha pa-kin.
9. Os-fa-pa-kin.
10. Pa-liu.
11. Pa-liu-liflni-kin, i. e., ten cue, &c.
20. Pa-li-ho-ko-liu, i. e., two tens.
As a guide towards a Icnowledge of the primitive manner of counting
the method used by an old man in his intercourse with me will serve.
He wished to count eight. He first placed the thumb of the right baud
upon the little finger of the left, then the right forefinger upon the
next left hand finger, then the thumb on the next finger, and the fore-
finger on the next, and then the thumb ui)on the thumb; leaving now
the thumb of the right hand resting upon the thumb of the left, he
counted the remaining numbers on the right hand, using for this pur-
pose the fore and middle fingers of the left; finally he shut the fourth
and little fingers of the right hand down upon its palm, and raising his
hands, thumbs touching, the counted fingers outspread, he showed me
eight as the number of horses of which T had made iuqiiiry-
SENSE OF COLOR,
Concerning the sense of color among these Indians, I found that my
informant at least possessed it to only a very limited degree. Black
and white were clear to his sight, and for these he had appropriate
names Also for brown, which was to him a "yellow black," and for
gray, which was a " white black." For some other colors his perception
was distinct and the names he used i)roper. But a name for blue he
a[>plied to many other colors, shading from violet to green. A name
for red followed a succession of colors all the way from scarlet to pink.
A name for yellow he applied to dark orange and thence to a list of
colors through to yellow's lightest and most delicate tint. I thought
that at one time I had found him making a clear distinction between
green and blue, but as I examined farther I was never certain that he
would not exchange the names when asked about one or the other color.
526 SEMINOLE INDIANS OF FLORIDA.
EDICATION.
The feeliug of the tribe is autagonistic to even such primary education
as reading, writing, and calculation. About tea j-ear.s ago an attempt,
the only attempt la modern times, to establish schools among them was
made by Kev. Mr. Frost, now at Myers, Fla. He did not succeed.
By reference to the population table, it will be noticed that there are
three negroes and seven persons of mixed breed among the Seminole.
It has been said that these negroes were slaves and are still held as slaves
by the Indians. I saw nothing and could not hear of anything to jus-
tify this statement. One Indian is, I know, married to a uegress, and
the two negresses in the tribe live apparently on terms of perfect
equality with the other women. Me-le goes and comes as he sees fit.
No one attempts to control his movements. It may be that long ago
the Florida Indians held negroes as slaves, but my impression is to the
contrary. The Florida Indians, I think, rather offered a place of refuge
for fugitive bondmen and gradually made tbem members of their tribe.
In the introduction to this report I said that the health of the Semi-
nole is good. As confirming this statement, I found that the deaths
during the past year had been very few. I had trustworthy informa-
tion concerning the deaths of only four persons. One of these deaths
was of an old woman, O-pa-ka, at the Fisli Eating Creek settlement;
another was of Tiil-la-has ke's wife, at Cat Fish Lake settlement ;
another was of a sister of Tal-la-hjis-ke; and the last was of a child, at
Cow Creek settlement. At the Big Cypress Swamp settlement I was
assured that no deaths had occurred either there or at Miami during
the year. On tlie contrary, however, I was told by some white people
at Miami that several children had died at the Indian camp near there
in the year past. Tal-la hits-ke said to iw, "Twenty moons ago, heap
pickaninnies die!" And I was informed by others that about two
years before there had been considerable fatality among children, as
the consequence of a sort of epidemic at one of the northern camps.
Admitting the correctness of these reports, I have no reason to mod-
ify my general statement that the health of the Seminole is good and
tliat they are certainly increasing their number. Their appearance
indicates excellent health and their environment is in their favor.
CHAPTER IV.
ENVIRONMENT OF THE SEMINOLE.
NATURE.
Southern Florida, tlie regioa to which most of the Seminole have
been driven by the advances of civilization, is, taken all in all, unlike
any other part of our country, (u climate it is subtropical ; iu char-
acter of soil it shows a contrast of comparative barrenness and abound-
ing fertility; and in topography it is a plain, with hardly any percept-
ible natural elevations or depressions. The following description, based
upon the notes of my journey to the Big Cypress Swamp, indicates
the character of the country generally. I left Myers, on the Caloosa-
hatchie liiver, a small settlement composed principally of cattlemen,
one morning in the month of February. Even in Februarj- the sun
was so hot that clothing was a burden. As we started upon our
journey, which was to be for a distance of sixty miles or more, my at-
tention was called to the fact that the harness of the horse attached to
my buggy was without the breeching. I was told that this part of the
harness would not be needed, so level should we tind the country.
Our way, soon after leaving the main street of Myers, entered pine
woods. The soil across which we traveled at first was a dr3-, dazzling
white sand, over which was scattered a growth of dwarf palmetto. The
pine trees were not near enough together to shade us from the fierce
sun. This sparseness of growth, and comparative absence of shade, is
one marked characteristic of Florida's pine woods. Through this thin
forest we drove all the day. The monotonous scenery was unchanged
except that at a short distance from Myers it was broken by swamps
and ponds. So far as the appearance of the country around us indi-
cated, we could not tell whether we were two miles or twenty from our
starting point. Nearly half our way during the first day lay through
water, and yet we were in the midst of what is called the winter " dry
season." The water took the shape here of a swamp and there of a pond,
but where the swamp or the pond began or ended it was scarcely possible
to tell, one passed by almost imperceptible degrees from drj- laud to
moist and from moist laud into pool or marsh. Generally, however, the
swamps were filled with a growth of cypress trees. These cypress
groups were well defined in the pine woods by the closeness of their
growth and the sharpness of the boundary of the clusters. Usually, too,
the cypress swamps were surrounded by rims of water grasses, Six
miles from Myers we crossed a cypress swamp, in which the water at its
greatest depth was from one foot to two feet deep. A wagon road had
527
528 SEMINOLE INDIANS OF FLORIDA.
been cut through the dense growth of trees, and the trees were covered
with hanging mosses and air plants
The ponds differed from the swamps only in beiug treeless. They are
open sheets of water surrounded by bands of greater or less width of
tall grasses. The third day, between 30 and 40 miles from Myers, we
left the pine tree lands and started across what are called in Southern
Florida the "prairies." These are wide stretches covered with grass and
with scrub palmetto and dotted at near Intervals with what are called
pine "islands" or "hammocks" and cypress swamps. The pine island
or hammock is a slight elevation of the soil, rising a few inches above
the dead level. The cypress swamp, ou the contrary, seems to have its
origin only in a slight depression m the plain. "Where there is a ring
of slight depression, inclosing a slight elevation, there is generally a
combination of cypress and pine and oak growth. For perhaps 15 miles
we traveled that third day over this expanse of grass; most of the way
we were in water, among pine islands, skirting cypress swamps and saw-
grass marshes, and being jolted through thick clumps of scrub palmetto.
Before nightfall we reached the district occupied by the Indians, pass-
ing there into what is called the "Bad Country," an immense expanse
of submerged land, with here and there islands rising from it, as from
the drier prairies. We had a weird ride that afternoon and night:
Now we passed thj-ough saw-grass 5 or 6 feet high and were in water 6 to
20 inches in depth ; then we encircled .some impenetrable jungle of vines
and trees, and again we took our way out upon a vast expanse of water
and grass. At but one place in a distance of several miles was it dry
enongh for one to step upon the ground without wetting the feet. We
reached that place at nightfall, but found no wood there for making a fire.
We were 4 miles then from any good camping ground. Captain Hen-
dry asked our Indian companion whether he could take us through the
darkness to a place called the " Buck Pens." Ko-nip-ha-tco said he
could. Under his guidance we started in the twilight, the sky covered
with clouds. The night which followed was starless, and soon we were
splashing through a country wliich, to my eyes, was trackless. There
were visible to me no landmarks. But our Indian, following a trail
made by his own people, about nine o'clock brought us to the object
of our searcli. A black mass suddenly appeared in the darkness. It
was the pine island we were seeking, the " Buck Pens."
On our journey that day we had crossed a stream, so called, the Ak-
ho-lo-wa-koo-tci. So level is the country, however, and so sluggish the
flow of water there that this river, where we crossed it, was more like
a swamp than a stream Indeed, in Southern Florida the streams, for
a long distance from what would be called their sources, are more a
succession of swamps than well defined currents confined to channels
by banks. Tliey have no real shores until they are well on their way
towards the ocean.
Beyond the point I leached.. on the edge of the Big Cypress Swamp,
MACCAiLEv.] PHYSICAL SL'RROUiNDINGS. 529
lie the Everglades proper, a wide district with only deeper water and
better defined islands than those which mark the " B.id Country" and
the "Devil's Garden" I had entered.
The description I have given refers to that part of the State of Florida
lying south of the Caloosahatchee River. It is in this watery prairie
and Everglade region that we find the immediate environment of most
of the Seminole Indians. Of the surroundings of the Seminole north
of the Caloosahatchee there is but little to say in modification of what
has already been said. Near the Fish Eating Creek settlement there
is a somewhat drier prairie land than that which I have Just described.
The range of barren sand hills which extends from the north along the
middle of Florida to the headwaters of the Kissiminee River ends at
Cat Fish Lake. Excepting these modifications, the topography of the
whole Indian country of Florida is substantially the same as that which
we traversed ou the way from Myers into the Big Cypress Swamp and
the Everglades.
Over this wide and seeming level of land and water, as I have said,
there is a subtropical climate. I visited the Seminole in midwinter;
yet, for all that my northern senses could discover, we were in the
midst of summer. The few deciduous trees there were having a midyear
pause, but trees with dense foliage, flowers, fruit, and growing grass
were to be seen everywhere. The temperature was that of a northern
June. By night we made our beds ou the ground without discomfort
from cold, and by day we were under the heat of a summer sun. There
was certainly nothing in the climate to make one feel the need of more
clothing or shelter than would protect from excessive heat or rain.
Then the abundance of food, both animal and vegetable, obtainable
in that region seemed to me to do away with the necessity, on the part
of the people living there, for a struggle for existence. As I have
already stated, the soil is quite barren over a large part of the district;
but, on the other hand, there is also in many places a fertility of soil
that cannot be surpassed. Plantings are followed by superabundant
harvests, and the hunter is richly rewarded. But I need not repeat
what has alreadj' been said; it suffices to note that the natural envi-
ronment of the Seminole is such that ordinary efibrt serves to supply
them, physically, with more than they need.
MAN.
When we consider, in connection with these facts, what I have also
before said, that these Indians are in no exceptional danger from wild
animals or poisonous reptiles, that they need not specially guard against
epidemic disease, and when we remember that they are native to what-
ever influences might affect injuriously j^ersous from other parts of the
country, we can easily see how much more favorably situated for [ihys-
ical prosperity they are than others of their kind. In fact, nature has
made physical life so easy to them that their great danger lies in the
5 ETH — 34
530 SEMINOLE INDIANS OF FLORIDA.
possible waut or decadence of the moral streugtli needed to maintain
tlieiu in a vigorous use of tbeir powers. Tbis moral strength to some
degree they have, but in large measure it had its origin in and has
been preserved bj- their struggles with man rather than Mith nature.
The wars of their ancestors, extending over nearly two centuries, did
the most to make them the brave and proud people tbey are. It is
through the effects of these chiefly that they have been kept from be-
coming indolent and effemiaate. They are now strong, fearless, haugh-
ty, and independent. But the near future is to initiate a new epoch in
their history, an era in which their career may be the reverse of what it
has been. Man is becoming a factor of new importance iu their environ-
ment. The moving lines of the white population are closing in upon the
land of the Seminole. There is no farther retreat to which they can go.
It is tbeir inii)ulse to resist the intruders, but some of them are at last
becoming wise euougb to know that they cainiot contend successfully
with the white man. It is possible that even their few warriors may
make an efl'ort to stay the oncoming hosts, but ultimately they will
either perish in tlie futile attem[)t or tbey will have to submit to a
civilization which, until now, they have been able to repel aud whose
injurious accompaniments may degrade and destroy them. Hitherto
the white man's influence has been comparatively of no effect except
in arousing in the Indian his more violent passions and in exciting him
to open hostility. For more than three centuries the European has
been face to face with the Florida Indian and the two have never really
been friends. Through the seventeenth and eighteenth centuries the
peninsula was the scene of frequentlj^ renewed warfare. Spaniard,
Frenchman, Englishman, aud Spaniard, iu turn, kept the country in an
unsettled state, and when the American Union received the province
from Spain, sixty years ago, it received with it, iu the tribe of the
Seminole, an embittered and determined race of hostile subjects. This
people our Government has never been able to conciliate or to cou(]uer.
A dift'erent Indian policy, or a diflereut administration of it, might
have prevented the disastrous wars of the last half century; but, as all
know, the Seminole have always lived within our borders as aliens. It
is only of late years, and through natural necessities, that any fi iendly
intercourse of white man and Indian has been secured. The Indian
has become too weak to contend successfully against his neighbor and
the white man has learned enough to refrain from arousing the vindic-
tiveness of the savage. The few white men now on the border line in
Florida are, with only some exceptions, cattle dealers or traders seek-
ing barter with the red men. The cattlemen sometimes meet the In-
dians on the prairies and are friendly with them for the sake of tbeir
stock, which often strays into the Seminole country. The other places
of contact of the whites and Seminole are the settlements of Myers.
Miami, Bartow, Fort Meade, and Tampa, all, however, centers of com-
paratively small population. To these places, at infrequent intervals,
the Indians go for jjurposes of trade.
MACCAULET.] SOCIAL RELATIONS WITH THE WHITES. 531
The IiuliaDS have appropriated for their service some of the products
of Enropeau civilization, such as weapons, implements, domestic uten-
sils, fabrics for clotliiug, &c. Mentally, excepting a few religious ideas
which they received long ago from the teaching of Spanish missionaries
and, in the southern settlements, excepting some few Spanish words,
the Seminole have accepted and appropriated practically nothing from
the white man. The two peoi)les remain, as they always have been,
seiiarate and independent. Up to the present, therefore, the human
environment has had no effect upon the Indians aside from that which
has just been noticed, except to arouse them to war and to produce
among them war's consequences.
But soon a great and rapid change must take place. The large immi-
gration of a white population into Florida, aud especially the attempts
at present being made to drain Lake Okeechobee and the Everglades,
make it certain, as I have said, that the Seminole is about to enter a
future unlike auj past he has known. But now that new factors are
beginning to direct his career, now that he can no longer retreat, now
that he can no longer successfully contend, now that ho is to be forced
into close, unavoidable contact with men he has known only as enemies,
what will he become? If we anger him, he still can do much harm be-
fore we can conquer him ; but if we seek, by a proper policy, to do him
justice, he yet may be nuidc our IViend and ally. Already, to the dis-
like of the old men of the tribe, some young braves show a willingness
to break down the ancient barriers between them and our people, and
I believe it possible that with encouragement, at a time not fiir distant,
all these Indians may become our friends, forgetting their tragic past
in a peaceful and prosperous future.
SMITUSONIAN INSTITUTION BUEEAU OF ETHNOLOGY
THE RELIGIOUS LIFE OF THE ZUNI CHILD.
MRS. Tir.LY E. STEVENSON.
533
CONTENTS.
Page.
Brief accouiit of Ziiiii luytboldgy 539
Birth customs .54.">
Involuntary initiation into tho Kok-lio r)47
Voluntary initiation into the Kok-ko 5.53
5:»
ILLUSTRATIONS.
Page.
Plati; XX. Zuni masks aud KO-ye-mf-sUi iJ4'J
XXI. Groui) of Sa-lii-mo-bi-ya masks 546
XXII. Zuiii sand altar in Kiva of the North 550
.\XIII. Ob-ho-i-que, Kiva of the East 5.52
537
THE RELIGIOUS LIFE OF THE ZUNi CHILD.
By Mrs. Tilly E. Stkvenson.
BRIEF ACCOUNT OF ZUSi MYTHOLOGY.
The Pueblo of Zuui is situated in Western New Mexico on the Eio
Zufii, a tributary of the Little Colorado Elver. The ZuQi have re-
sided in this region for several centuries. The i)ecnliar geologic and
geogiai)hic character of the country surrouudiug them, as well as its
aridity, furnishes ample sources from which a barbarous iieojjle would
derive legeiulary and mythologic history. A brief reference to these
features is necessary to understand more fully the religious phases of
Zuui child life.
Three miles east of the Pueblo of Zufii is a conspicuously beautiful
mesa, of red and white sandstone, to-wa-yal lanne (corn mountain).
Ui)on this mesa are the remains of the old village of Zuiii. The
Zuui lived during a long period on this mesa, and it was here that
Corouado found them in the sixteenth century. Tradition tells that
they were driven by a great tiood from the site they now occupy, which
is in the valley below the mesa, and that they resorted to the mesa for
protection from the rising waters. The waters rose to the very sum-
mit of the mesa, and to appease the aggressive element a humau sacri-
fice was necessary. A youth and a maiden, son and daughter of two
priests, were thrown into this ocean. Two great pinnacles, which have
been carved from the main mesa by weathering influences, aie looked
upon by the Zuiii as the actual youth and maiden converted iuto stone,
and are appealed to as "father" and "mother." Many of the Zuui
legends and superstitions are associated with this mesa, while over its
summit are spread the extensive ruins of the long ago deserted village.
There are in many localities, around its precipitous sides and walls,
shrines and groups of sacred objects which are constantly resorted to
by different orders of the tribe. Some of the most interesting of these
are the most inaccessible. When easy of approach they are iu such
secluded spots that a strauger might pass without dreaming of tlie
treasures within his reach. Ou the western side of this mesa are sev-
eral especially interesting shrines. About half way up the acclivity ou
the west side an overhanging rock forms the base of one of the pin-
nacles referred to. This rock is literally honeycombed with holes, from
539
5i0 RELIGIOUS LIFE OF THE ZUNI CHILD.
one-half to three-fourths of au inch in diameter. I visi ted the spot in
the fall of 18S1, with Professors E. B. Tylor and H. :N^. M oseley, of Ox-
ford, England, and Mr. G. K. Gilbert, of the United States Geological
Survey. These gentlemen could not determine whether the tiny ex-
cavations were originally made by human hands or by some other
agency. The Indian's onlj- answer when questioned was, "They be
long to the old; they were made by the gods." Hundreds of these
holes contain bits of cotton and wool from garments. In the side of
this rock there are larger spaces, in which m iniature vases, filled with
sand, are placed. The sand is ground by rubbing stones from the same
rock. The vases of sand, and also the fragments of wool and cotton,
are offerings at the feet of the " mother " rock. Here, too, can be seen a
quantity of firewood heaped as shown in the right-hand coiner of the
illustration. Each man and woman deposited a piece, tliat he or she
might always have plenty of wood for beat and light. Some three
hundred feet above is another shrine, directly attached to the "father"
rock, and to the white man diffi cult of access. Here I found many
offerings of plume sticks (Te iTktkl na we).
Before entering upon the pui-ely mythologic phases of Zuni child liie
I will present a brief sketch of some of the Zuiii beliefs. There are
thirteen secret orders in Zuni, in many of which women and children
are conspicuous, besides the purely mythologic order of the Kok-ko.
All boys are initiated into this order, while but few girls enter it. It
is optional with a girl; she must never marry if she joins the Kolc-ko,
and she is not requested to enter this order until she has arrived at such
age as to fully understand its grave responsibilities and requirements.
Let us follow the Zuiii tradition of the ancient time, when these peo-
ple first came to this world. In journeying hither they passed through
four worlds, all in the interior of this, the passageway from darkness
into light being through a large reed. From the inner world they were
led by the two little war gods Ah-aiu-ta and Ma-a-se-we, twin brothers,
sous of the Sun, who were sent by the Sun to bring these people to his
presence. They reached this world in early morning, and seeing the
morning star they rejoiced and said to the war gods : " We see your
father, of whom you have told us." " No," said the gods, '' this is the
warrior who comes before our father;'' and when the sun arose the peo-
ple fell upon the earth and bowed their heads la fear. All their tradi-
tions point to the distant land of their appearance in this world as being
in the far northwest; from there they were acccompanied by Ah-ai-u-ta
and Ma-a-se-we. These little gods occupy important positions in Zuni
myth and legend. After long journeying, it was decided that the Priest
Doctor (Ka wi-mo sa) should send his son and his daughter in advance
to discover some favorable spot upon which to build a village. The
youth and the maiden finally ascended a peak from which to have an
extended view of the country. " Rest here, my sister, for you are tired,"
said the youth, "and I will go alone." Prom fatigue, th(^ girl soon sank
sTEVExsoxl TRADITIONAL ORIGIN OF THE ZUXI. 541
into a slumber, and when the youth returned lie was impressed with the
surpassing loveliness of his sister. They remained for a time on this
mountain, and at their union they were transformed — the youth into a
hideous looking creature, the Ko-ye meshi (Plate XX); thenia den into
a being with snow white hair, the KO-mo-hetsi. The •Kothla-nia (her-
maphrodite) i.s the offspring of this unnatural union. The youth said to
his sister, " We are no longer like our people; we will therefore make
this mountain our home. But it is not well for us to be alone; wait here
and I will go and prepare a place for our others." Descending the
mountain, he swept his foot through the sands in the plains below, and
immediately a river flowed and a lake appeared, and in the depths of
this lake a group of houses, and in the center of this group a religious
assembly house, or kiva, provided with many windows, through which
those not privileged to enter the kiva might view the dance within.
After he iierformed this magic deed, he again joined his sister on the
mountain, from which they could see their people approaching. The
mountain has since that time borne the name of KokOk-shi — kok shi
meaning good.
The first of the Ah shi-wi, or ZuQi, to cross this river were the Au-shi
i-que, or Bear gens; Towa que. Corn gens; and 'Ko oh-lok-taque, Sand
Hill Crane gens. When in the middle of the river the children of these
gentes were transformed into tortoises, frogs, snakes, ducks, and dragon-
flies. The children thus transformed, while tightly clinging to their
mother's necks, began to bite and pinch. The mothers, trembling with
fear, let them fall into the river, Ahai u ta and Ma-a sewe, missing the
children, inquired, " Where are the little ones'?" The mothers replied,
" We wore afraid and dropped them into the water." The war gods then
cried out to the remainder of the people, "Wait, wait until we speak
with J on," and they told the women to be brave and cling tightly to
the children until they crossed the river. Obeying the gods' commands,
they carried the little ones over, though they were trausformed just as
the others. Upon reaching the opposite shore, they were again restored
to their natural forms, excepting their hands, which were duck- webbed.
These webs were cut with Ah-ai-fi-ta's stone knife and thus restored to
perfect hands.
The mothers whose children fell into the waters were grieved and
refused to be comforted. The Priest Doctor was also grieved, and
said, "Alas, where have the little ones gone"?" Ah-ai-fi-ta and ]\Ia-a-
se-we replied, "We will go and learn something of them," and upon
descending into the lake they found the beautiful kiva, in which the
children were assembled; but again they had been changed ; they were
no longer reptiles, but were of a similar type to the Ko-ye-me-shi and
Ko-mo-ket-si, and since that time they Lave been worshiped as ances-
tral gods, bearing the name of Kok-ko; but the little war gods knew
them, and addressed them as "ily children," and they replied, "Sit
down and tell us of our mothers." When they told them that their
542 RELIGIOUS LIFE OF THE ZUNI CHILD.
motbers refused to be comforted at their loss, they said, "Tell our moth-
ers we are not dead, but live aud siug in this beautiful [dai^e, which is
the liome for thein when they sleep. They will wake here and be al-
ways happy. Aud we are here to intercede with the Sun, our father,
that he may give to our people rain, aud the fruits of the earth, and all
that is good for them." The Ah-shi-wi then journeyed on, led by Ah-
ai-u-ta and Mfi-a-se-we, to the present site of Zniii. Many, however,
lingered at a spring some fifteen miles west of Zuni, ami there estab-
lished the village Tkai)-(jne-na (Hot Spring).
The Ko-ye-me-shi aud Ko-mo-ket-si passed dowu through the interior
of the mountain into the dejiths of the lake, the waters of everlasting hair-
piness. In the passageway are four chambers, where the couple tar-
ried on their way and where at the present time the two priests of the
Kok-ko rest iu their journey to the sacred waters. So credulous are
the people tliat the priests delude them into thebelief that they actually
pass through the mountain to the lake.
Having heard of the wonderful cave in this mountain, our little party
visited the place, prepared to explore it. Mr. Stevenson and Mr. H. L.
Turner entered the fissure in the rock aud squeezed through the crevice
for sixteen or eighteen feet to where the rock was so solid that they both
determined no human creature could penetrate farther. They examined
the place most carefully by means of an artificial light. Through a
small aperture stones could be thrown to a depth from which no sound
returned, but excepting this solitary opening all was solid, immovable
rock. In this cave many plume sticks were gathered. Near the opeu-
iug of the cave, or fissure, is a shrine to the Kok-ko, which must be very
old, and over and around it are hundreds of the plume sticks and tur-
quoise aud shell beads.
I would mention here a little incident illustrative of the superstitious
dread these Indians entertain of violating tlie priestly commands. We
fouud it very difficult to persuade an old Zuni guide, who had visited
the sacred salt lake, the mountain of the war gods, aud other places of
interest with us (to these he had gone by special permission of the High
Priest), to accompany us to the spirit lake and the mouutain of the
Kok-ko. Our i)ersuasive powers were almost exhausted ere we could in-
duce him to guide us to them, but having consented he was willing to go
even if he should be punished by death. Ho was a man renowned (or
bravery, but he was so overcome by his superstitious fears that his
voice sank to a whisper and finally became scarcely audible. The morn-
ing of theday on which wereachedthis place, the old man, who had been
riding by my side, ahead of the rest of the party, suddenly halted and
said in a half angry voice, "Why do I go ahead ? I am not the chief
of this party. Those who belong at the head must go to the head."
And he would not move until Mr. Stevenson aud I went iu advance.
By this change he sought to transfer the responsibility to us. Finally
he rode up to us and said in a whisper, " We will camp here." The
sTEVExsoN.l EXPLORATION OF THE SPIRIT LAKE. 543
whole expressioQ of the old inau's face was that of ghastly terror. I
was much aiiuoyed, for I thought that, at the eleventh hour, his fear had
overcome his desire to gratify us. Just theu a Mexicau lad ou horse-
back approached; we were all mouuted. I asked the lad, "Is there a
lake uear by f He replied, " Yes, a half a mile off." The old Indian
saiil, speakiug in a whisper, " And you have seen it ?" " Yes." "And
you were not afraid ?" " I^o; why afraid ?" " And you looked into the
waters and you did not die?" With a look of bewilderment the youth
rode off. I signaled to the old man to accompany us to the lake. " Xo,
no; I would only die, and you must not go or you will die." " No," said
I, "we will not die if our hearts are good, and if you will i;ot go it is
because your heart is not good and you are afraid."
We found the lake so surrounded by marshes that we could not get
within an eighth of a mile of the waters. One of our party attempted
to reach it ou foot, but could get very little nearer. We made a cir-
cuit of the lake along the slightly elevated ground and could distinctly
see it.
On completing the circle a striking picture met our eyes. Boldly
outlined by the setting sun stood the old man, his hair blown by the
evening breeze, for he had bared his head of the usual kerchief worn
around it, and, with his hand holding the sacred meal extended to^^ard
the glorious sunset, he stood repeating a prayer. We halted, and
he continueil his prayer, wholly unconscious of our presence; as he.
turned we surprised him. I extended my hand and said, "Now I am
happy, for you are again brave and strong." " Yes," said he, " my heart
is glad. I have looked into the waters of my departed people. I am
alive, but I may die; if I die it is well; my heart is glad." Fi-om ihat
moment the gloom was gone and be was bright and hajpy. We could
not induce the old man to ascend the mountain of the Kok-ko with us,
as none go there except certain priests: but the lake is visited by those
who are designated by these priests.
Several days were consumed bj' us in exploring this immediate vicin-
ity. On breaking camp, our old Indian guide seemed determined to
tarry behind. I remained with him. As the party rode off he took a
large quantity of food which he had carefully stored away behind a
tree — he having observed an almost absolute fast in order to make a
large offering to the spirits of the departed — and heaped this food upon
the embers of the camp fire, by the side of which he stood for a long
time, supplicating in a most solemn manner the spirits of the departed
to receive his olfering.
Certain men are selected, who, with bodies nude save the loin skirt
and with bare feet, walk from Zuui to the lake, a distance of 45 miles,
esi^osed to the scorching rays of the summer sun, to deposit plume
sticks and pray for rain. If the hearts of those sent be pure and good,
the clouds will gather and rain will fall, but if evil be in their hearts
no rain will fall during the journey and they return with parcbed lips
544 RELIGIOUS LIFK CiF THE ZUM CHILD.
and blistered skin. The Kok kO repeat the prayers for rain with their
intercessions to the Tiitotka, the Sun, and Ijy them the pluuie sticks are
sent to the same great god. So constantl.yare the lesser gods employed
in offering plumes to the great god that at night the sacred road (the
Galaxy) can be seen filled with feathers, though by day they are in-
visible. They believe that the soul or essence of the plumes travels
over this road, jnst as the soul from the body travels from Zuiii to the
spirit lake, and in their offerings of food the food itself is not received
by the gods, but the spiritual essence of the food.
One of the most important characters in Zufii mythology, the Kiiklo,
finding himself alone in the far Northwest, saw many roads, but could
not tell which one led to his people, and be wept bitterly. The tear
marks are still to be seen on the Kiik-lo's face. A duck, hearing some
cue's cries, appeared and inquired the cause of the trouble. " I wish
to go to my people, but the roads are many, and I do not know the
right one." The sagacious duck replied, " I know all roads, and I will
lead you to your jieople." Having led the Kaklo to the spirit lake, he
said, "Here is the home of the Kokko; I will guide you to the kiva
and open for you the door." After entering the kiva the Kiiklo viewed
all those assembled and said, "Let me see; are all my people here '? No;
the Kolo-oo- wit-si (plumed serpent) is not here; he must come," and two
of the Kokko (the Soot-Ike) were dispatched for him. This curious
creature is the mythical plumed serpent whose home is in a hot spring
not distant from the village of Tkaji-que-na, and at all times his voice
is to be heard in the depths of this boiling water.
In the days of tlie old, a young maiden, strolling along, saw a beau-
tiful little baby boy bathing in the waters of this spring; she was so
pleased with his beauty that she took hiiu home and told her mother
that she had found a lovely little boy. The mother's heart told her it
was not a child really, and so shesaid to the daughter; but the daughter
insisted that she would keep the baby for her own. She wrapped it
carefully iu cotton cloth and went to sleep with it in her arms, In the
niorniug, the mother, wondering at herdaughter'sabsence, sent a second
daughter to call her. Upon entering the room where the girl had goue
to sleep she was fouud with a great serpent coiled round and round her
body. The parents were summoned, and they said, "This is some god,
my daughter; you must take him back to his waters,'' and the maiden
followed the serpent to the hot spring, sprinkling him all the while with
sacred meal. Upon reaching the si)ring the serpent entered it, the
maiden following, and she became the wife of the Ko 10 oo-wit-si.
The Ko lo-oo witsi soon appeared with the two Soot-ike who had been
dispatched for him. They did not travel upon the earth, but by the
undergi'ound waters that pass from the spring to the spirit lake. Upon
the arrival of the Ko lo-oo-wit si, the Kiik-lo issued to this assemblage
his commands, for he is the great father of the Kok-kO. Those who
were to go to the North, West, South, East, to the Heavens, and to the
sTKVENsox] BIRTH CUSTOMS. 545
Earth to procure cereals for tlie Ah-shi wi he desigaated as the Sii-
lii mo bi-ya. Previous to this time the Ah-shi-wi hail subsisted on seeds
of a glass. " When the seeds are gathered," he said, addressing tlie
serpent, "you will carry them with water to the Ah shi-wi and tell
them what to do with the seeds. I will go in advance and prepare
them for your coming." " But," said his people, "you are our father;
you must not walk," and the tenKo yeme shi accompanied him, carry-
ing him on their backs, relieving each other when fatigued. The Kiik-
lo visited the Ah shiwi nine days in advance of the Sii la-mo bi-ya and
Ko lo oowit-si, instructing the people regarding the Kokko, how they
must represent them in the future and hold their ceremonials, and tell-
ing them that the boys must be maile members of the Kok-kO, and that
this particular ceremony must occur but once in four years. He also
gave to the jieople the history of himself, how the duck had befriended
him and led him to the home of his people.
BIRTH CUSTOMS.
Having now briefly sketched the mythology relating to the ceremonials
to be described, I invite your attention to the main subject of the pres-
ent paper: the Religious Life of the Zuiii Child.
First we will notice the birth customs.
Zuni child life may be divided into two parts. One I will call the
practical or domestic ; the other, the my thologic or religious. The former
is fairly esemplitied in the habits, customs, games, and experiences of
our own domestic child life. The other is essentially different; in it are
involved the ceremonials, legends, and myths which surround the ZaQi
child from its birth.
Previous to the birth of a child, if a daughter be desired, the husl)aud
and wife proceed together to the " mother" rock, and at her feet make
offerings and prayers, imploring her to intercede with the great father,
the Sun, to give to them a daughter, and that this daughter may grow
to be all that is good in woman ; that she may be endowed with the powei
of weaving beautifully and may be skilled in the potter's axt. Should
a son be desired, the couple repair to the shrine above, and here, at the
breast and heart of the "father" rock, prayers and plume sticks are
offered that a son may be given them, and that he may have power to
conquer his enemies, and that he may become distinguished in the Kok-
ko and other orders, and have power over the field to produce abundant
crops. In both cases the sacred meal is sprinkled, and, should the
prayer not be answered, there is no doubt that the heart of one or the
other was not earnest when the prayer was offered.
The Zuni child is born amid ceremony. At its birth only the materaal
grandmother and two female doctors are present. After the bir h of
the child, the paternal grandmother enters, bearing as offerings to the
new born babe a large pottery bowl and inside of it a tiny blanket. She
then prepares warm suds of yucca root in the bowl, in which she bathes
5 ETH 35
546 BELIGIOUS LIFE OF THE ZUNI CHILD.
the iufaut, at the same time repeating a prayer of thanks for tlie life
thai has been given them and praying for the future of the chikl. 81ie
then rubs the entire body of the child, except the bead, with warm
ashes held in the palm of the hand and moistened with water. This
process is I'epeated every morning during infancy and the same paste
is pnt upon the face of the child until it is several years old. I would
remark that this paste is seldom noticed upon the older children be-
cause it is put on in the morning and drying soon is brushed o& by
the child. It is asserted by the Zufu that in four days after the birth
of a child the first skin is removed by exfoliation and is supplanted by
a new one. After applying the ashes, the paternal grandmother places
the infant in the arms of the maternal grandparent, who performs other
ofiflces for the little one and wraps it in a piece of cotton cloth. The
paternal grandmother prepares a bed of warm sand by the right side
of the mother (leaving a cool spot for the child's head) ; she then receives
the infant and lays it upon its bed, and over it she arranges the little
blanket which she brought; she then places upon the sand and at the
right side of the child an ear of white corn; if the child be a girl, the
mothei', or a three-plumule, corn is selected ; if a boy, the father, or single
ear, corn. The fourth day after the birth the child is again bathed in
the yucca root suds by the same grandmother, who again i-epeats a long
prayer. During the tirst ten days of the child's life the paternal grand
mother remains iu the daughter inlaw's house, looking after the mother
and helping in the preparation of the feast that is to occur. On the
morning of the tenth day the child is taken from its bed of sand, to
which it is never to return, and upon the left arm of the paternal
grandmother it is carried for the first time into the presence of the
rising sun. To the breast of the child the grandmother carrying it
presses the ear of corn which lay by its side during the ten days; to
her left the mother of the infant walks, carrying in her left hand the
ear of coru which lay by her side. Both women sprinkle a line of
sacred meal, emblematic of the straight road which the child must
follow to win the favor of its gods. Thus the first object which the
child is made to behold at the very dawn of its existence is the sun,
the great object of their worship; and long ere the little lips can lisp
a prayer it is repeated for it by the grandmother.
The Zuiii are polytheists; yet, while they have a plurality of gods,
many of whom are the spirits of their ancestors, these gods are but
mediums through which to reach their one great father ot ail — the Sun.
Eeturning to the house, the paternal grandmother again bathes the
child iu yucca suds ; then, for the first time, the little one is put into
the cradle. The baby's arms are placed straight by its sides, and in
this position it is so strapped in its cradle that it cannot even move a
hand. These cradles have hood-shaped tops, and over the whole thick
covering's are placed, so that the wonder is the child does not smother.
The cradle is usually' deposited in some safe corner, and the baby is left
BTEVENfON-.J INVOLUNTARY INITIATION INTO THE KOK-KO. 547
to sleep or amuse itself witU its iiifautiQe tUouglits. The cradle is some-
times attached to two ropes to form a swing, aud when the mother be-
comes couscious of the child's awakening she uncovers its head at
times aud the tiny thing casts its eyes around. On the tentli morning
both parents of the child are bathed in suds of yucca, the whole body
of the mother but only the head of the father. This office is also per-
formed by the paternal grandmother. The immediate blood relations
(female only) tlieii assemble at the infant's home; that is, all the house-
hold of the father's house and those of the mother's house. Each woman
from the father's house brings to the baby a gift of a little blanket.
This select gathering partakes of a feast, which is presided over by the
maternal grandmother. At the close of the feast the infant is carried
by the oldest sister of the father to the paternal grandmother's house,
where it is presented to the paternal graudfatber, who prays to the Sun
(Ta-to tka) to send down blessings upon the child.
INVOLUNTARY INITIATION INTO THE KOK-KO.
The present ceremonials are in direct obedience to the orders aud in-
structions given at the time of the appearance of the Kok-ko upon the
earth, aud their masks are counterparts of the original or spiritual
Kok-ko (Plate XX). The Kiik-lo rides, as of old, upon the backs of the
Ko-yeme-shi, audheis theheralderfor the coming of the Ko-lo-oowlt-si.
Arriving at the village in the morning, he divides his time between the
kivas, there being six of these religious houses in Zufii, one for each of
the cardinal points, one for the zenith, and one for the nadir. In each
of these kivas he issues to the people assembled the commands of the
KOk ko and gives the history of the Kiik-lo and the gathering of the
cereals of the earth by the Sii-la-mo-bi-ya. At sunrise he is gone. The
morning after the arrival of the Kak-lo, those who are to represent the
Kok-ko prepare plume sticks, and in the middle of the same day these
are planted in the earth. The same night they repair to their respective
kivas, where they spend the following eight nights, uot looking upon
the face of a woman during that period. Each night is spent in smok-
ing and talking and rehearsing for the coming ceremony. The second
day all go for wood, bringing it home on their backs, for so the ancients
did when beasts of burden were unknown to them. The third day is
also spent in gathering wood, and the fourth day likewise. On the
same day the ten men who are to personate the Ko-ye-nie-shi, in com-
pany with the 'Si-'sl-'ki (greatgrandfather of the Ko-ye me-shi), pass;
through the village, inquiring for the boys who are to be initiated ; be-
fore such houses as have boys ready for this ceremonial these men
assemble; one of them enters the house aud, greeting the mother of
the boy with " Good morning," inquires the name of her son. She re-
plies : " He has no name," and requests the Ko-yeme-shi to give him
one. The man then joins the group, repeating the words of the woman.
In passing from the kiva througli the village the Indian screens bia
548 RELIGIOUS LIFE OF THE ZUXI CHILD.
face with a blauket, so as not to see tlie women as lie passes. Ou the
fiftli (lay they go on a rabbit hunt, the capture of but one rabbit being
necessaiy. The rabbit is carried to the He-ii-que (or Kiva of the North )
by the *Sl*sI 'ki, who, after skinning the rabbit, fills the skin with cedar
bark ; a pinch of meal is placed for the heart and the eye sockets are
filled with mica ; a hollow reed is passed througb the inside filling to
the month. The sixth day the inmates of the kivas again go for wood;
the seventh day large Te-llk-tki-nawe are made of eagle pluiuos; the
eighth day is consujned in decorating the masks to be worn. As these
lieople have not the art of mixing their pigments so as to be permanent,
masks and altars have to be freshly decorated before using; and, when
the masks are completely decorated, they, with the other paraphernalia,
are carried on the same daj' by the men and youths who have to wear
them to some secluded nooks among the rocks, a distance from the
town, wbere they put them on, returning to the village by early moon-
light.
The impressive ceremonial of initiating the youth into the order of
the Kokko occurs but once in four years. No male child above the age
of four years may, after death, enter the Kiva of tlie Kok ko unless
Le has received the sacred breath of the Kokko. Those who personate
the Kokko are endowed for the time being with their actual breath.
Besides the Sii lii-mO bi-ya of the North, West, South, East, Heavens,
and Earth, and a number of younger brothers who appear ou this occa-
sion, there are Pa-oo-ti-wa (Plate XX), father of the Sun, ten Ko-ye-me
jshi, and tlie Ko-looo-wit-si.
The Sa-la-mo-bl-ya of the' North wear yellow (hlup si-ua) masks; those
fiom the West, blue (hli-an-na); those from the South, red (shi-Io a) ;
those from the East, white (kohan) ; those from the Heavens, all colors
(i(o po niiuui); those "from the Earth, black (quiu-na). (Plate XXI.)
These colors represent the cardinal points, the zenith, and the nadir:
North. Yellow. Hlfip-si-na.
West. Blue. Hli-au-na.
South. Red. Shi-lo-a.
East. White. Ko-hau.
Heavens. All colors. I-to-po-naii-ni.
Earth. Black. Quin-iiii.
They come after sundown to the village. The serpent, made of hide,
is about twelve feet long and eighteen inches through the thickest part
of the body. The abdomen is painted white, the back black, covered
with white stars, which are re[)resented by a kind of semicircle,- an en-
tirely conventional design. The neck rests through a finely decorated
kind of altar carried by the two Sootike. The tail end of the fetich is
held by the priest of the Ko-lo-oo wlt-si, who constantly blows through a
large shell which he carries in the right hand, holding the serpent with
the left. The Kok-ko pass through the town and visit each kiva; they
put the head of the serpent through the hatchway, that those who are
STEVRssox.) INVOLUXTARY IXITIATION INTO THE KOK-KO. 549
privileged to assemble iu the kivas may see the fetich. The Ko 16-
00 witsi is then taken to the Kiva of the Earth, He-tka-pa-que. The
walls of this kiva are decorated with two Kolo-oo- wit-si, which extend
almost around the entire walls of the room, the heads nearly meeting
at the north end of the room. The fetich is placed between the heads.
The others of the Kokko repair to their respective kivas, the He-i-i-que
or Kiva of the North, the jMoohe-i.que or Kiva of the West, the Choo-
liaiique or Kiva of the South, the Oh-he-i-que or Kiva of the East, and
the Oop-tsaua a-que or Kiva of the Ileavens. Prom each of these
kivas men and youths from the secret orders to which I have referred
are assembled to receive the Kok-kd. When all the Kok-ko have gone
to their kivas, the ten Ko-ye-me-shi, who reach the village after the
others, go to their house, which is not one of the sacred assembly houses,
but chosen from among the Sus kiique, or people of the Wo'f gens.
The Kokko sing and dance in their own kivas, then change about,
those of the North passing to the West and those of the West going to
the South, and so on. This is continuous until the first white streak
warns them that day is approaching. At this time the head of the
Ko-lo-oo-wit-si is put through the opening in the side wall of the kiva,
when all who choose may look upon it. Behind this creature the old
priest stands and blows through the body, making the same i)eculiar
noise, representing the roaring of a sea monster, that he has kept up
throughout the night. The imago is only seen by the uncertain light
of the faintest impression of day. Pa-oo-ti-wa remains with the Ko-lo-
oo-witsi in the Kiva of the Earth. At sunrise the Saliimobi-ya go
to this kiva, each bearing the plume stick made on the sixth day and
an ear of corn. The Sa-lJimobi-ya of the North first advances to the
priest of the KO-lo-oo-wit-si and, presenting him with the plumes and
ear of yellow corn, pi'ays that the Ko-lo-oo-wit-si will give to his people
the seeds of the earth ; the Sa-Iii-mo-bT-ya of the West next approaches,,
presenting his wand and an ear of blue corn, praying that the Ko-lo-
oo-wit-si will bring to his people the seeds of the earth; and so the red'
corn of the South, the white of the East, the all-color of the Heaven s
and the black of the Earth are presented with the same prayer. The
Sa-la-mo-bi-ya remove their masks after entering the kiva, when they
immediately lose their identity as the Kokko. They are merely men
now, praying to the Kdk-ko. This ceremony over, they return to their
respective kivas, having put on their masks before leaving the Kiva ( f
the Earth.
At this time the *Si-'sI-'ki partially ascends the ladder of the Kiva
of the North, remaiuing just inside of the hatchway, and, holding the
rabbit to his mouth, calls through the reed : " Your little grandfather
is hungry; he wishes something to eat; bring him some stewed meat.''
The Ko-ye-me-shi, iu obedience to the request of the little grandfather,
go to the homes of the children to be initiated, calling for food. At the
same time the Ko-ye-me-shi give to each novitiate his name. Previous
650 KELIGIOUS LIFE OF THE ZL'Sl CHILD.
to tbis the boy ie designated as baby boy, youuger boy, older boy, &c.
The food is received bj- the Ko-ye-nie-slii aud taken to tlie Kiva of tbe
Xortli, where it is divided and carried to tlie different kivas. For tbis
occasion tbe native beans are prepared. There is as great a variety of
color in these as in tbe corn. The yellow beaiis are carried to the Kiva
of the Xortb, the blue beans to the Kiva of tbe West, tbe red to tbe
Kiva of tbe South, tbe white to tbe Kiva of tbe East, tbe all color to
the Kiva of the Heavens, tbe black to the Kiva of the Eartb. A sumpt-
uous meal is now served in each of the kivas.
After this meal the Kokko begin their bodily decorations, with thi-ir
bodies almost nude. Those of the Xorth are painted yellow; those of
tbe West, bine; those of tbe South, red; those of the East, white;
those of tbe Heavens, all colors on tbe body and yellow on tbe neck
and upper arms; those of the Eartb, black, with some bits of color.
Tbis done, tbe Sii-la-mo-bl-ya of the North passes through tbe village
and, going for a short distance to tbe north, deposits a plume stick, the
stick to which the plumes are attached being painted yellow. The
Sa-]a-mo-bi-ya of the West, South, aud East plant their plumes at their
respective cardinal points. Those for the zenith and nadir are planted
to the west, on the road to the spirit lake, the stick of each one having
the cardinal color decorations. Tliis done, all retire to their kivas.
Tlie Sii-lii mobi-ya of tbe North, returning to his kiva, drinks tbe
uiedicir.e water prepared by the priest of tbe great tire order ( Ma 'kehlan-
a il-que), who, with some of his people, is now busy in the i)reparation
of a sand altar. The Sala-mobl-ya again emerge from tbe kivas,
with long bunches of Spanish bayonet in their bands, in the ends of
which grains of corn of the respective colors are placed and wra[)i)ed
with shreds of the bayonet. Any man or youth desiring to raise yel-
low corn appeals to the Sa-liimo-bi-ya of tbe North, who strikes bim a
severe blow with bis bunch of bayonets. Similar appeals are made to
those representing other colors. Tlie sand altar is made in the Kiva of
tbe North. It is first laid in the ordinary yellowish sand, in the center
of which the bowl of medicine water is phiced. Over tbe yellow sand
a ground of white sand is sprinkled. All tbe Sa-la-mo-bi-ya and their
brothers are represented on the altar (Plate XXH). The altar is circular
in form and some twelve feet in diameter. The KO-lo-oo- wit-si encircles
tbe whole.
Throughout the day tbe Kokko are running around the village whip-
ping such of tbe people as ap|)eal to them for a rich harvest, wliile the
curious performances of the Koyeiue-sbi carry one back to tbe primitive
«lrama.
Toward evening tbe ceremony for initiating the childreu begins. Tbe
priest of tbe Sun, entering the sacred plaza (or square), sprinkles a broad
line of sacred meal from the southeast entrance across the south side,
thence alongthe western side to the Kivaof tbe North, and up tbe ladder-
way to tlie entrance (which is always in tbe roof), aud then passing over
the housetops he goes to the Kiva of the Earth and sprinkles tbe meal
N
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BTEVENSON] INVOLUNTARY IXITIATIO.V INTO THE KOK-KO. 551
upon the KOlO-oo-wit-si. He then precedes the Kdk-ko to the plaza
and deposits a small quautity of yellow meal on the white Hue of ineal
near the eastern eutrauee. By this spot the Salii-mo bT-ya of the North
stands, south of the line of meal. The priest, continuing in advance,
deposits a quautity of blue meal on the line a short distance from the
yellow, which indicates the position for the Siila-ino-blya of the West.
In like manner he indicates the position of the respective Sii lii mo biya
with red meal for the South, white for the East, meal of all colors for the
Heavens, and black meal for the Earth. The remainder of the Kdk-ko
take their positions successively along the line of meal. The Ko yeme-shi
group in the plaza. The godfathers then pass along the line of meal, each
one holding his godchild on his back by a blanket, which he draws
tightly around him. In olden times tanned robes of the buffalo were
used for this purpose. As he passes the line of Kok-ko each one strikes
the child with his large bunch of Spanish bayonets. While the Indiau
from almost infancy looks upon any exhibition of feeling when under-
going physical suffering as most cowardly and unmanly, the severity of
the pain inflicted by the yucca switches in this ceremony is at times
such as to force tears from the eyes of the little ones, but a boy over the
age of five or six rarely flinches under this ordeal. After passing the
line the godparent enters the Kiva of the North, where he is met by a
priest of the great Are order, who asks, " Who is your Kok-ko ?" When
^he godfather replies, he is directed to select his boy's plume. The
plumes which ornament the heads of the figures have been previously
wrapped in corn husks and carried to the priest by the respective god-
fathers. The godfather attaches the feather, which is a soft, downy
feather of the eagle, to the scalp-lock of the child. The godparent is
then given a drink of the holy water, which is dipped from the bowl by
the medicine man with a shell attached to a long reed. The child also
drinks and repeats aprayer after his s[)onsor. They then leave the kiva,
and, taking a position ou the north side of the plaza, the child kneels
and clasps the bent knee of his godfather, who draws him still closer
with the blanket around him. Four new characters of the Kok-ko now
appear, the Sai-ahli-a (see Plate XX). Each one of these strikes the
child four times across the back with his yucca blades, having first
tested with his foot the thickness of the child's clothing. The child
must not have anything over his back but the one blanket, which is a
gift from the godfather. This ceremonial over, each child accompanies
his godparent to his home, where a choice meal is served.
The night ceremonial is conducted in two kivas, that of the South
and that of the East. The Kok-ko for this ceremony divide and enter
the two kivas.
The godparents sit upon the stone ledge which passes around the
room, whose walls are rectangnlai-, and, spreading his knees, the boy sits
on the ledge between them. To the right of the guardian his wife sits,
and to his left his sister. In case the wife is not present, the ohler sister
552 RELIGIOUS LIFE OF THE ZUSi CHILD.
sits ou the right and a youuger sister on the left. The father of the Sun
(Pa-oo-ti-wa) enters and sits upon the throne which has been arranged
for him at the west end of the room ; this has a sacred bhmket attached
to the wall and one to sit upon, the whole profusely ornamented with
white scarfs, woven belts, and many necklaces of turquoise and other
precious beads. To his right and left sit the two young priests who
prepared the throne ; to the left of the priest, on the left of Pa oo-tl-wa,
sit the high priest and priestess of the Earth. The remainder of the
ledge is tilled with the boys and their friends. Nai iiclii, the living rep-
resentative of Ah-ai-fi-ta, the war god, sits to the left of the fire altar
as you enter and feeds the sacred dames. Tlie Sii lil-mo biya enter
immediately after Pa ooti wa. All these, including Pa-ooti-wa, enter
head foremost ; the head touches the stone slab over the fire, and, com-
pleting a somersault, they vault into the room on all fours and in like
manner jiass to the right of the kiva and around to tlieir places. Pa-
00 tlwa is followed by the Sii-la-mO-biya of the North and others iu
proper order and rnpid succession, the hind one always hopping into the
foot and hand prints of the former. In the two kivas mounds of sand
have been laid for the Kok ko and each one sits upon his mound. These
mounds are some eighteen inches in diameter and a foot in height (Plate
XXIIl). When all have taken tlieir i)lacestheSa-l;imo-biyaoftheNorth
arises and taking the wand from his mound wali<s to the group immedi-
ately to the right of the ladder as one enters. Holding the wand between
his hands, he goes to each child and blows four times ujion the wand,
at the same time extending it toward the mouth of the child, who draws
from it each time the sacred breath which passes from the mouth of
the Kok-ko over the plumes. The *Si 'si-%i carries the rabbit in addi-
tion to the wand, and over them he passes the sacred breath of the
little grandfather. The godparent covers the eyes of the child with
his hand, for the children must not look upon the Kokko near by. The
Sii la-mobl-ya of t lie North is followed by the Sii-la-mo-blya of the West
and otiiers, all in turn going to each child; as each one completes the
round he places his wand in his belt, stands in the center of the kiva,
and turns a somersault over the fire, striking his head on the fire slab
as before, and so leaves the kiva feet foremost.
The Ko-lo-oo-wit-si now appears at the hatcliways. He is brought
by the priest of the Ko-lo-oo-wit-si aud the Sout-ike. The high priest,
the priest of the bow, and priestess of the earth advance to the hatch-
way, each holding a large earthen bowl, and catch the water poured
from the mouth of the Ko-lo-oo-wit si. Each guardian then fills the
small bowl which he carries with the holy water and, drinking a portion
of it, gives the remainder to the boy to drink. The bowl which con-
tains it is a gift from the godfather. The boy sprinkles the corn stacked
in his house with this water. After the water is exhausted from the
large bowls a blanket is held by four men to catch the seeds of all the
cereals which are sent up from the abdomen of the KolQ oowit si.
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sTEVE.NBos] VOLUNTARY INITIATION INTO THE KOK-KO. 553
These are taken from the blankets by three priests and placed in their
own blankets, which rest over the left arm, and they, passing around,
distribute the seeds to all present. The sand of tlie fiillen mounds is
gathered in a blanket and dejrosited in the river, to be carried to the
home of the Kok-ko. The boys now return to their homes, accompanied
bj' the guardian and one other of their attendants. In the early morn-
ing the sister of the godfather goes for the boy and brings him to her
house, where he enjo}"S a sumptuous breakfast. The godfather then
leads the boj' to the east for some distance from the village, sprinkling
a line of sacred meal, and here he says a prayer, which the boy repeats
after him, and the godfather, making a hole in the ground, plants a
plume stick which he has made for the child.
From this time the child eats no animal food for four days. The
plume which has been placed on the child's head in the kiva during the
initiation is not removed till the fourth morning after the planting of
the feathers, when he again goes over the road with his guardian, who
deposits the plume from the child's head with a prayer, which is re-
peated by the child.
Thus ends this remarkable initiation of the Zuui male child into the
order of the Kokko. This is really mainly done by sponsors, and he
must personally take the vows as soon as he is old enough.
VOLUNTARY INITIATION INTO THE KUKKO.
After the tirst initiation of a boy into this order, he is left to decide
for himself when he will assume the vows made for him by his sponsors,
though the father and the godfather do not fail to impress upon the
boy the importance of the second initiation, which occurs at an annual
ceremonial ; and when the boy Las declared his determination to enter
the order, if the Kokko upon seeing him deem him too young, he is
ordered to return to his home and wait awhile till his heart has become
more wise. For this ceremonial the godparents and the boys assemble
in the Kiva of the North. Each boy in turn tnkes his position to receive
his whipping, which is necessary for initiation. The godfather, standing,
bends his right knee, which the boy clasps, bowing his head low. The
godfather holds the two ends of the blanket and buckskin tightly
around the boy, while each of the four Sai a-hli a in turn give him four
strokes across the back with a bunch of the yucca blades. Two of the
Koye-me shi stand by and count the strokes ; the others are in the plaza
outside, indulging in their primitive games, which excite much merri-
ment among the large assemblage of people. After each boy has re-
ceived the chastisement and all are again seated, the four Sai-a hli-a
pass in turn to each boy. Each one taking off his mask, places it over
the head of theboy, handing him his Spanish bayonets. The boy strikes
the Kok-ko once across eacli arm and once across each ankle. The
Kokko does not speak, but the boy is instructed by his guardian, who
talks to him in a whisper, telling him not to be afraid, but to strike
554 RELIGIOUS LIFE OF THE ZUXI CHILD.
hard. Tlie eyes of the boys open wide as the Kok ko raise tbeir masks
and for the first time familiar faces are recognized. The Kokko leave
the kiva after revealiug their identity to the chihlren, and running
around the village use their switches indiscriminately, with a few ex-
cei>ti()nal cases. I saw a woman whii)ped, .she taking the babe from
her back and holding it in her arms. Tliis woman requested tbe wliip
ping that she might be rid of the bad dreams that nightly troubled her.
After tlie Sai a hlia leave the kiva the cliildren are called bj^ the priest
of the Kok-ku and told to sit in front of liim and the other priests,
including the High Priest of Zuni. This august body sits in the kiva
thronghont the ceremony. The Priest of the Kokko then delivers a
lecture to the bojs, instructing them in some of the secrets of the order,
when they are told if they betray the secrets confided to them they
will be punished by death; their heads will be cut oft' with a stone
knife; for so the Kokko has ordered. They are told how the Kok ko
api)eared upon the earth and instructed the people to represent them.
The priest closes by telling the children that in the old some boys be
trayed the secret and told that these were not the real gods, but men
personating the Kokko, and when this reached the gods the Sai-a hlia
appeared upon the earth and inquired for the boys. The people then
lived upon the mesa to-wa yiLl-liiu-ne. The mothers declared they knew
not where they had tied. The Kok kO stamped his feet upon the rockj^
ground and the rocks parted, and away down in the depths of the
mountain he found the naughty boys. He ordered them to come to him
and he cut off their heads with his stone knife. This story is sufiScient
to impress the children that there is no escape for them if they betray
the confidence reposed in them, for the Kok ko can compel the rocks
to part and reveal the secrets.
A repast is now served to the priests and the boys and others in the
kiva. The food is brought by the wives and sisters of the four Sai-a
hlia to the hatchway and carried in by the Kokko, who have returned
to the kiva. The feast opens with a grace said by the priest of the
Kokko, who immediately after collects upon a piece of Ilewi (a certain
kind of bread) bits of all the food served. This he rolls up and places
by his side, and at the conclusion of the feast he carries it to a distance
from the village over the road to tlie si)irit lake and making a hole in
the ground he deposits it as an offering to the gods. Each child goes
to the godfather's house, where his head and hands are bathed in
yucca suds by the mother and sisters of the godfather, they repeating
prayers that the youth may be true to his vows, &c. The boy then
returning to his own home is tested by his father, who says, '-You are
no longer ignorant; you are no longer a little child, but a young man.
Were you pleased with the words of the Kokko I What did the priest
tell you?" The boy does not forget himself and reveal anything that
was said, for the terror overhanging him is too great.
When a youth is selected to personate the Kokko he is instructed
sTEVExsox.I VOLUNTARY INITIATION INTO THE KOK-KO. 555
ill regard to the decorating of the uuisk he is to wear. Wheu this is
doae he goes at uight to the proper kiva and seated between two in-
structors he learns the song and prayers. In couimitting songs and
prayers to memory the novice holds a tiny crystal between his thumb
and forefinger for a while, then he puts it into his mouth, and at the
conclusion of the instrnctiou he swallows it. This insures the remem-
brance of the prayers and songs, and he awakes the following morning
with them indelibly impressed upon his mind. The pupil is theu struck
across each arm and across each ankle with the yucca blades.
There are very few women belongiug to the order of the Kok-ko. I thiuk
there are now only five iu Zufli. Wheu a woman of the order becomes
advanced in age she endeavors to find some maiden who will take upon
herself the vows at her death. Selecting some young woman, she appeals
to her to be received into the order of the KOkkO. The maiden replies,
♦' I know nothing concerning the mysteries of the order. You must
talk to my father." After the father is spoken to, he iu turn spends the
uight in explaining the duties of the position to his daughter and that
the gods would be disi)leased if she should marry after joining the
Kok-ko. Assuming the Kok-ko vows is entirely optional with the girl.
It is never her duty, but a special privilege which is rarely accepted.
If she accepts she passes through both ceremouials described. Siie
chooses her godfather, who gives her for the first ceremony a woman's
blanket and for the second a woman's dress, a white blanket, a quantity
of blue yarn, a woman's belt, a buckskin, a sacred blanket, and the mask
she is to wear. But eveu here in Zuui, where the people are so con-
trolled by the priests aud have such a superstitious dread of disobey-
ing the commands of the Kok-ko, women have been guilty of desecrat-
ing their sacred office and marrying. At present there is a woman of
the order of the Kok-ko married to a Navajo. She is of course forever
afterwards debarred from joining iu the ceremonials, but she is permit-
ted to live among her people with no other punishment than their indig-
nation.
INDEX
A. Page.
Abuaki Indian shell beads xxxvi
Aconia Pueblo, Xew Mexico, pottery t'luni. xsr.
xsxvi
Aduir, Audrew, murder of 31^
Adair, Jame?. on Cherokee boumlaries 141
Adair, John Lynch, commissioner for Cher-
okee boundary 365
Adair, ^Vashington, murder of 319
Adams, Captain, aid acknowledged 130
Adams, John Quincy, on relations of
Georo:ia and Cherokee 239
AkAuiliui, the supernatural couriers. -411-414, 415,
417,424,426,466
Alabama, esplorations in xxii
alleges error in surrey of Cherokee
boundary 211
Alexander, J. B., mounds on farm of 74
Allamakee County, Iowa, mounds 20
AUfgan or Allegwi identical with Chero-
kee 137
Altar mounds 57, 58
Ameiicau Emijjrant Company negotiates
for neutral lands 349
Anderson, W". G., opened Wisconsin
mounds 16
Anderson Township. Ohio, mounds 49
Andrews, E. B., on Ohio mounds 47, 48
App.il.ichian mound district and mounds.. 10, 61-86
Arizona, explorations in xsiii, xxiv
Arkansas, esplorations in xx, xxi
Arkansas mounds 11
Armstrong, F. W., comruissioner to extin-
guish Cherokee title 24l
Armstrong, K. H., aid acknowledged 13^
Armstrong, Thomas, on Wisconsin mounds 16
Armstrong, William, commissioner to treat
with Cherokee 298, 305
plan of, for adjusting Cherokee differ-
ences 304
Ashland County, Ohio, mounds 47
Ashley, James M., commissioner for Cher-
okee boundary 365
Athens County. Ohio, mounds 47
B.
Baldwin, J. D.. on mound buih^ers 83
Barbour, James, authorized to treat with
Cherokee 229
Barnett, William. Cherokee boundary
commissioner 2J7, 208
Page.
Bartow County, Georgia, mounds 96-104
Bartram, William, description of Cherokee
council house ii7
remarks on the Cherokee 135, 372
list of Cherokee towns 143
Batt, Capt. Henry, exploring party under. . 13S
Berkeley, William, exploring expedition
by 138
Beveily on shell ornaments 92
Big Cypress Swamp Seminole settlement. 477, 478.
499, 507, 529
Billy, brother of Key West Billy.. 492-494, 499, 528
Black Hawk's grave 33, S-i
Blair, James, Georgia commissioner in
treating with Cherokee 236
Blount, William, proiest against Hopewell ■
treaty 155
treats with Cherokee 158
instructed to treat with Cherokee — - 1G2
Boudinot, E. C, address on condition of
Cherokee 285
murder of 293
compensation to heirs of 299
on Cherokee treaty of April 27, 1868.. . 344
Boulware, J. N , mounds on farm of 44
Branson. Judge, opening of Wisconsin
mounds by 18
Brebeuf, Jean, on buiial ceremonies of the
Hnrous 71.110-119
Bridges, J. S., commissioner to appraise
Cherokee property 2iiy
Briuton, D. G.,aid of ' xxxv
on a burial mound 39
on Indians as mound builders 84
Brodie, Paul, aid acknowledged 130
Blown, David, report on Cherokee, with
census by 210
Brown, Jacob, purchase f t ora Cherokee 147
Brown, Lieutenant, aid of, among Seminole. 489
Brown, Mrs. W. W., gift of shell beads by. xxxvi
Brown County, Illinois, mounds 39-41
Browning, O. H.. annuls sale of Cherokee
neutral land by Secretary Harlan . 349
Buffalo Creek, North Carolina, mourds
near 68
Burial mounds of the northern sections
of the United States, by Cyrus
Thomas xxxviii-xlii, 3-119
Burke, Edmund, commissioner to treat
with Cherokee 298.305
Burke County. North Carolina, mounds- .. 73
557
INDEX.
Page.
297
Cherokee
301
174
Id
01-71
219
105
233
15C
Butler, P. M., Clienikco agent . .
commissioner to examine
feuds
Butler, Thomas, commissioner for Chero-
kee treaty.
Bntler County, Ohio, archivologv of
C.
CaliUvtll Comity, Xorth Ciiroliua, moumls.
CalhuuD, Johu C, treats with IJherokee...
ouClierokce civilization -.- .373, 374
Campbell, I'aviil, surveyor of Cherokee
bounilary Hue
Campbell, Duucaii G., commissioner to ex-
tinguish Indian title iu Georgia
Campbell, ■\ViIliam, surveyed line between
Virgiuia and Cherokee lands
Cafion de Chelly. Arizona, explored xxv
Carr. Lueien, cited 84, 87, 88, 92
Carroll, William, commissioner for making
and executing Cherokee treaty 253, 2f 3
report on the Cherokee -59
Cartel sville, Georgia, mounds near 90-101
Case, H. B-, on Indian buiiaUu.-'toms 47
Cass, Lewis, holds Cherokee conucil at
■Wapakoncta, Ohio 221
Catawba Indians, treaty of 17J6 with 145
proposed removal of, to Cherokee coun-
try 317
Cattish Lake Seminole settlement 477, 478, 509
Cattaraugus reservation, ;Xevr York, lin-
guistic investigations at xsxi
Census, Cherokee, in 1825 240
ml835 289,377
in 1807 351
in North Carolina in 1849 313
in North Carolina iu 1869 314
Census, refugee Indians, in 1862 331, 332
Chanter, Nava.io 385-387
Charleston, West Virginia, mounds uear-51, 53, 55
Chattanooga, Tennessee, mounds near 77
Chelaque identical with Cherokee 89, 135
Cherokee and Creek boundary disputes . . . 200
Cherokee boundary of 1765, dissatisfaction
with ." 160
Cherokee census, in 1825 240
iu 1835 289,377
in 1867 351
Cherokee cessions to the United Stites,
area of
■ Cherokee citizenship
Cherokee Confederate regiment, desertion
of
Cherokee constitution 374, 375
Cherokee country, boundaries of 205,354,365
Cherokee hostilities. 170,173
Cherokee lands, purchase of 210
removal of white settlers from 322,323
cession and sale of 348
appraisal of. west of 96° 361
Cherokee migration •• 136
Cherokee Nation, political murders in 297, 303
Cherokee Nation of Indians, by C. C.
Eoyce xlii-xUv, 121-378
Cherukc e population 142, 377, 378
378
367
329
Page-
Cherokee western outlet 246, 248
Cherokee, the, probably mound builders .60, 87-107
Cherokee, the cessions of land by 130, 131
treaties with 133-378
known by Nortb'Carolina and Virginia
settlers 138,139
treaty relations of. with the United
States 152
war with 170
lir()posed removal of 202
removals of 214-218, 222, 228, 254, 258,
200,292,341
.Hiiuation of, west of the Mississippi. .221, 292,
293
progress iu civilization of 240
adoption of cons tit utiim by 241, 295
material pi'o.'iperity'auioug 260
protest against claims of Georgia 272
proposition of, to become citizens 274
memorials of, in Congress 275,277,289
uniticaliouof Eastern and "Western 294
charge United States with bad faith ... 296
financial difflculties of 318, 320
new treaty proposed in 1854 by 320
political exciteraeut in 1860 among 324
the Southern Confederacy and. 320, 332, 333, 342
treatyof 1868 concluded with Southern- 346
treaty of 1866 with loyal 347
jurisdiction of '. 309
Cherokee and Osage, difficulties be-
tween 242
Cherokee and Tallegwi, relation of 60
Chester, E. W., instructed as to treaty with
C herokee 203
Chicamaugaband, emigr.ation of 150, 151
Chickasaw, Choctaw, Creek, and Cherokee,
botindary between.- 205
Chillicothe, Ohio, mounds 40
Chisholm, John D., deputized by Cherokee
totreat 212
Choctaw, Chickasaw, Cherokee, and Creek,
boundary between 205
Clark. William, instructed to end Cherokee
hostilities 221,222
Clarke, F. W., analyzed iron from mounds . . 91
Clarke County, Missouri, mounds 43
Clay, Henry, sympathy with Cherokee 287
resolution by, regarding title to Texas. 355
Clements, C.C, special ageut on Cherokee
claims - 308
Clifton, West Virginia, mounds 55, 5g
Cocke, John, commissioner to extinguish
Cherokee title 241
Coffee, John, objection to survey by 207, 2i 8
appointed to assist iu Cherokee re-
moval 2ti0
appointed to report on line between
Cherokee and Georgia 270
Columbia Eiver, Cherokee contemplate re-
moval to 264
Confederacy, relation of Cherokee to
* Southern 3"^
Conner, Rebecca, mounds on farm of 74
Cooley, Dennis N., commissioner to treat
with Cherokee .• 334,341
INDEX.
559
Pace.
Copper in xise among Indians 93.94, 100-10(i
Corwin, R. G., coaimisaioner fur Cherokee
Ijoundary 3C5
Courtois group of mounda 15
Cow Creek Seminole settlement 477,476
Cowe, description of Cherokee council house
at 87
Cos, John T., coniraissioner to appraise neu-
tral lands 351
Crawford County, "Wisconsin, mounds. 14, 17, 18, 20
Creek and Cherokee boundary disputes .. 266
Crockett, David, denounces policy toward
Cherokee 288
Cumming, Alexander, treaty with Chero-
kee 144,145
Curry, Benjamin F., to appraise Cherokee
improvements 283
Curt in, Jeremiah, work of xxsi, xsxvii
Gushing, Frank H., work of xxv-ssis, xxxiij-
XXXV
Cntifachiqui, visit of De Soto to 135
Cypress swamps, Florida 527-529
D.
Davenport, Iowa, mounds near 24
Davenpoit Academy of Natural Sciences,
explorations by members of 24
pipes found by members of 38
Davidson, G. L., commissioner to extinguish
Cherokee title 2il
Darie, "William R., commissioner fur Chero-
kee treaty 184
Davis, E. H., and Squier on mounds 12, 13, 38,
45,48
Davis, "William il., report on state of fueling
among Cherokee in Georgia 284
Dearborn, Henry, treats orith Cherokee. ..193, 195
De Bry on Indian burial customs 29, 39
Delaware Indian graves in Ashland County,
Ohio 47
Delaware Indians, cession of land in In-
diana by 137
jiiin Cherokee 356-358
Des Moines River mounds 33, 34
De Soto, visit of, to Cherokee 134
visit of, to Cntifachiqui 135
Deril's Garden, Florida 478
Dobbs, Arthur, grant by 145
Dorsoy, J. 0., linguistic work of xxxii
Doubleheail, Chert)kee chief, secret agree-
ment with 191, 192, 193
grant for 192, 193
Doublehead tract, controversy respecting. 192
Drake, Samuel G., advocates Indian origin
of mounds 84
Drennan, John, authorized to pay Chero-
kee claims 312
Drew, Colonel of Cherokee Confederate
regiment 329
Dsilyidje qa^al, origin of myth of 387-417
ceremonies of 418-444
the great pictures of 444-451
sacrifices of 4bl-4Lb
Page.
Dsilyi'Neydni, tradition of great interest
in study of Indian myths slv
story of 387-417
origin of the name 404
introduction of ceremonials by 409-411
return of, to the gods 417
prayer to 420, 421, 465
visit of, to home of the snakes 446,447
home of the bears seen by 447-449
visit to Lodge of Dew by 450,451
Dubuque Countj', Iowa, mounds 31. 32
Dunlap, R. G., speech on Cherokee aflairs. 285
Dunning, E. 0..on stone grave mound in
vallevof the Little Tennessee 76,79
Eagle Point, Iowa, mounds 32
Earle. Elias. negotiates for iron ore tract
of Cherokee Nation ... 199,200
East Dubuque, Illinois, mounds 34-38
East Tennessee, explorations in xxii
Eaton. John H., appointed to negotiate
treaty with Cherokee 275
commissioner to settle Cherokee
claims 298
Ettigy mounds, discussion of xl
Eldou, Iowa, mounds 33. 34
Elk River Valley, West Virginia, mounds. 00
Ellicott, Andrew, survey of Cherokee
boundary by 163-165
Ellsworth, Henry L., commissioner to treat
with Cherokee 249
commissioner to report on country
assignedtotholndiansof the West.. 251
Emmeit, John "W., explorations of. sx, xxii, 74-77
Etowah, Georgia, mounds xxii, 96-104, U»0, 107
Ex'erett, Edward, denounces policy to-
ward Cherokee 288
Ewing. Thomas, counsel for Cherokee 315
Expenditures uf the Bureau of Ethnology. liii
F.
Florida, the Seminole Indians of, by Clay
MacCauIey xJviii-1, 469-5:11
Florida mounds 12
Force, M. F., on distribution of Indians... 59
Fort Defiance, North Carolina, mounds
wear 68
Franklin, treaties ^ith the State of. 151, 152
G.
Gallagher, W. D., commissioner for Chero-
kee boundary 205
Garcilasso de la Vega on Indian mounds.. 95, 96
Gatschet, A. S., Klamath studies of xsxii
George Connet mound, Athens County,
Ohio, description of 47, 48
Georgia, mound exploration in xsi, xxii
protests of, against Hopewell treaty. . . 155
United States agree to extinguish In-
dian title in 233
action by, regarding Cheiokee 234,236
560
INDEX.
Georgia, view of. as to ludiau title 241
Supreme Court decision iu Cherokee
Nutioii vs. Georgia j 262
Supreme Court decisicn in "Worcester j
V8. Georgia 2G4 ;
rt'fusiil of, to submit to decision of Su- I
preme Court respecting Cherokee.. 2G6 j
hoatilitj' of, to Van Buren's compro- |
uiise in Cherokee affairs 290 j
Georgia and United States, measures of, \
to remove ludians 260 ,
Gilbert. G.K., vibit of, to Zufii 5i0
Glasscock. Thomas, and John King pro-
test against treaty of 1785 155
*• Government" or "Koss" party of
Cherokee 293,298,299
Graham. George, commissioner to treat
with Cherokee 197,198,205
Grant County, Wisconsin, mounds 19
Grave Creek, West Viiginia, mounds 51,136
Grey. Alexander, commissioner to extin-
guish Cbeiokee title 241
Guess. George, inventor of Cherokee al-
phabet 230
death of 302
Gulf mounds 12
Gwin. James W., commissioner to treat
with Cherokee 288
H.
Hardin, Joseph, 8ui;vey of Cherokee boun-
dary by 156
Hardy and Scheetz on Missouri mounds . . 42
Harlan. James, contracts for srJe of Cher-
okee neutral land 340, 349
Harnoy, W. S., commissioner to treat with
Indians 341
Harris, Thaddtus M., on mound builders. . 82
Haven, S.F., quoted 82
Hawkins, Benjamin, commissioner to treat
with Cherokee 133,184
jounial of 165-169
Hay wood, John, on location of Cherokee. . . 89. 90
on European implements among Cher-
okee ■ 94
on origin and habitat of Cherokee 136
Heart. Captain, on mound builders 62
Hendt-r-sou. J. G., opening of Illinois
mounds by . , 39
Hendf r.son, Richard, purchase of land from
Cherokee by 148
Henderson County, Noith Carolina,
mounds 74
Hendry, F. A., aid in Florida 492, 511 , 528
Henshaw, H. W., linguistic researches of.. xxx
Hofftiian. W. J., work of xxxi, xxxii
Holmes, W. H., archa^ologic studies of xxxv
Holston Valley, Tennessee, mounds 75-77
Hood, Robert N., aid acknowledged 130
Hopewtdl, proceedingsat treatyof.152, 153, 155, 158
Hoshkawn, dance of the. (See Yucca bac-
caia.)
Houston, Robert, surveyor of Cherokee
line in Tennessee 227,232
Hoy, Philip, opening of mounds by 14, 20
Page.
Hubley, Edward B., commis oner to settle
Cherokee claims - 298
Hunt, Charles, mounds on farm of 71
Hunter, A. R. S., commissioner to appraise
Cherokee proj)erty 258
Hurlbut, George, Peruvian relics from ... xxxvi
Hurons, buiial ceremonies of 110-119
I.
Icazbalceta, J. G., aid of xxxv
Illinois mounds 10,11
Illinois or Upper Mississippi burial
mound district 24-44
Indiana mounds 10
Indian anthropology, publications project-
ed in. xxxi
Indians, removal of, west of the Mississippi
River 214
Indian Territory, linguistic studies in xxxi
Intercourse act of 1796 173
Iowa mounds 10, 24
lowavillc, Iowa, mounds 33,34
Iroquois burial customs 21
Iroquois investigations by Mrs. E. A.
Smith .xxix, xxxii
J.
Jack. Patrick, grant to 145
Jackson, Andrew, jirotests against Cherokee
boundary of 1816 206
commi.ssinner for Cherokee treaty 209.212,
215,216
refuses to approve Cherokee treaty of
1834 252
advice to Cherokee, *. 258
on decision in Worcester vs. Georgni.. 266
urges Cherokee to remove 273
method of, for compelling Cherokee
removal 297
Jefferson, Thomas, on removal of Chero-
kee 202,203
Jones, C. C, on Indian pipes 93
Jones, Evan, alleged founder of Pin Society. 325
appropriation for 339
Jones, JohuB., warned to leave Cherokee.. 324
Jones, Joseph, on mound builders 83
Jones, R., commissioner to examine Chero-
kee feuds 301
Jones, W. D., mound on land of 60-68
Johnson, Robert, Indian census iu South
Carolina in 1715 by 142
Johnston, William, financial relations to
Cherokee Indians 315
Joy, James F.. contract for Cherokee neu-
tral lands by 310, 350
K.
Kak-16 of Zuui mythology 544,547
Kanawha Valley, explorations in., XX, xxi, 51, 53, 57
Kansa or Kaw, removal to Indian Ter-
ritory 360
Keam's Caiion, Xavajo dance at 432.442
Keunard. Thomas v.. commissioner to ap-
prai^iB ludiaii lands 3G3
IXDEX.
561
rage.
Kenuedy, John, commissioner to treat
with Cherokee 2?8
Kent, M. C. on Indiau liuri:il customs 20
Keutucky mouuds 10. 11
Keowee Old Town on map by Bowen 141. 142
Key "\Vest Billy 484,485
Kickapoo stone graves 30
Kilpatrick, John Clark, surveyor of Cher-
okee boundary line 165, 168
King, John, and Thomas Glasscock pro-
test against treaty of 1785 155
KinnaZinde luin examined .xxiv, xxv
Kiva, the Zuni religious bouse 544,547,549,552
Klamath studies of A. S. Gatschet xxxii
Knox, Henry, on violatioa of treaty of
Hopewell 160,101
treaty with Cherokee executed by 171
Kok-ko, the Zuiii order of the 540-548
admission of women into the 540-555
involuntary initiation into the 547-553
voluntary initiation into the 553-555
Koonti. preparation of 513-516
Seminole tradition of origin of 519
Kretscbmar, H. R., commissioner to ap-
praise confiscated property of Chero-
kee 351
L.
Latitau on Indian burial customs 29
Lane, H. P., mounds on farm of 26
Lapbam, I. A., on "Wisconsin mounds ..xxi,14, 17,
21,22
Lawson on shell ornaments 92
Lea, John il., aid acknowledged 130
Lederer. John, on copperamongCherokee. 91
Lee County, Virginia, mounds 87
Le iloyne de Morgues on burial mounds . . 39
Lenoir, R. T., burial pit on farm of G8-71
Liddell. James, commissioner to treat with
Cherokee 288
Linguistic Bibliography, preparation of .. xxxv
Little Tennessee Valley mounds 78, 79
Louisiana mounds 11
Lovely's purchase 245
Lower Mississippi mounds n ,
Lowry. John, coniraissionertourge Cbero- ,
kee to remove 262
Lubbock. John, advocates Indian origiu of ,
mounds 84
Lumpkin, Wilson, surveyor of Cherokee ,
line 227
commissioner to execute Cherokee
treaty 283
M.
MacCauley. Clay, on Seminole Indians of
Florida , xl viii-1, 4G9-53 1
MeCulloch, Benjamin, Confederate com-
mander in Cherokee country 326
McCuUoch, J. H., advocates Indian origin
of mounds g4
McGnire, J. B., donation of pottery by... xssvi
M'Intosh. Lachlane. agent of Tennessee
with Cherokee 179
commissioner to tieat with Cherokee. . 133
rage.
MacLeau, J. P., on Ohio mounds 13
on mound builders 83
McMinn, Jftseph. commissioner for Chero-
kee treaty 212,216
on Cherokee migration 218,223-225
appointed Cherokee agent 236
Madison, Bi.-ihop. on mound builders 82.83
Madison, Wisconsin, mouuds near 16
Madisonville, Ohio, mounds near 49
Mallery, Garrick, study of sign language
% xxxii
Martin, Joseph, commissioner to treat with
Cherokee 133
Mason, John, jr., report on Cherokee afl'airs 286
I Mason, R. E., commissioner to examine
j Cherokee feuda 301
, Matthews, "Washington, work of xsx
the mountain chant, by . . .xliv- xlviii, 379-467
Maxwell, C- A., aid acknowledged 130
Medicine practices of Xorth American In-
dians discussed xlvi, xlvii
Meigs, Return J., commissioner of survey
of Cherokee boundary 181-183, 187.
18?, 189. 190, 191. 192, 194, 196; 200,
201. 204. 210, 211,218-231,232,374
relations of, to the Cherokee 231,232
death of 230
Me-lethe Seminole .489,400
Metz, C. L., on burial mounds 49
Merriwether. David, commissioner for
Cherokee treaty 209,212,216,235
Merriwether, James, commissioner to ex-
tinguish Indian title in Georgia 233,235
Miami River Seminole settlement 477, 478
Middle Mississippi mounds H
Middle'on, James D.. explor,:tious by..xx, xxi. 14
Middleton, Jeff, mound opened by 20
Mindeleff, Cosmos, woik of xxv, xxxvi
Miudeletr, Victor, work of xxiv, xxv, xxxvi
Mississippi mounds, Upper 10. 24-44
Middle and Lower n
Mississippi Valley, explorations in xxi
Missouri, mound explorations in xxi
mounds in 10, 11, 41-44
Missouria removed to Indian Territory. . . 3G4
Mitchell, D. P., surveys Cherokee bound-
ary 365
Moliawk burial customs 21
Moki villages, visit to xxiii, xxiv
Monroe, James, on relations of Cherokee
and Georgia 238. 239
Moore, Alfred, commissioner to treat with
Cherokee 176
Moseley, fi. N.. Tisitof, to Zuni 540
Mound builders, conclusions as to who were
the xli, xlii, 9, 58, 79, 80, SG, 97
conclusions as to period of xlii
probably Cherokee 87-107
Mound exploiations xx-xxii
Mounds, burial 3-119
Mountain chant, a Xavajo ceremony, bv
Washington Matthews-.xliv-xlviii, 379-407
Mnuzon s map, 1771, Cherokee towns on... 143
MuUay, J. C. .census of Cherokee in Kortb
Carolina in 1849 by 313
562
INDEX.
Pajre.
Muusee join Cherokee 356-35S
MunsoD. Spencer, aid acknowledged 130
Mythulopy, brief account of Zimi 539-545
N.
Nupli*8, Illiuois, mounds 39
Navajo ceremony, the mountain chant, by
"Washington Matthews xliv-xlviii,
3T9-1G7
Navajo linguistica and customs, work of
AVasbington Mattbews upon xxx
Navajo rites, seasons for 386
Ncl.son, T. F., mounds on farm of 61-66,90
New Albiii, Iowa, mounds near 2G
Newark, Ohio, mounds -16
New Echota, Cherokee council at 280
adoption of Cherokee constitution at.. 374
Neutral land, proposed cession of, by Cheio-
kca 319,320
Now Mexico, explorations in xxiii, xxiv
New York mounds 10
Nez Perce removed to Indian Territory . . . 3C4
Norris, P. W., investigations of. . xs, xxi, 1 7, 18, 26,
27, 32, 35, 39, 40, 52, 55
Nortb Carolina, mound oxpliuations in xxii
mounds in 10, 61-75
protests against Hopewell treaty 155
Cherokee refuse to cede lands in 260
0.
Ohio mound district 45-60
Ohio mounds 10,12,13,45-60
Old Settler Cherokee parly 293, 375
payments to 299
propose to remove to Mexico 303
claims of, settled 307
0-potb-le-y o-ho-lo loyal to the United States 330, 331
Osage half breed reserves, purchase of 252
Osage and Cherokee, treaty between 222
difficulties bet ween 242
Osage removed to Indian Tenitory 359
Otoe removed to Indian Territory 364
P.
Palmer, Edward, explorations of xx. xxii
Panamint Indians, vocabulary of, obtained xxx
Parker, E, S., commissioner to treat with
Indians 341
Parris, Albion K., commissioner to treat
with Cherokee 298, 305
Pawnee removed to Indian Territory 360
Peru, Iowa, mounds near 31
Peruvian relics presented by George Hurl-
but xxxvi
Phillips, Wm. A., Cherokee commissioner
to appraise neutral lands 351
Pickens, Andrew, commissioner to treat
with Cherokee as to boandary--133, 165, 186
Pike, Albert, as to Pin Society 325
Cherokee commissioner for Confeder-
ate States 326,327,328,329
Pike County. Illinois, mounds 39
Piki' County, Missouri, mounds 43
Pilling, J. C, preparation of Linguistic
Bibliography by xxxv
Page.
Pin Society of Cherokee 325
Pipes, soapstone 93,94
Ponca removed to Indian Territory 364
Potherie on Iroquots burial customs 21
Pottawattamie mounds 34
Powell, J. \V., report of xv-liii
copper plate from Illiriois mound ob-
tained by 105
Powhatan, Viiginia, site bought with cop-
per 04
Price, Hiram, aid acknowledged 130
Publications xviii, xix
Pueblo models, work on xxxvi
Pueblo of Ziaii, location of 519
Putnam, F. "W.. on Ohio mounds 49-51
Q-
Qa^iili, or Navajo chanter 385,387
Qastci-eliji. See Yaybicby, dance of the.
Quatrefages on appearance of Indians in
the valley of the Missouri 109
R.
Racine, AVisconsin, mounds near 14
Ralls County, Missouri, mom wis 42
Read, M. O., on mounds near Chattanooga. 77, 7H
Rector, AVilliam, surveyed Cherokee line
in Arkansas 222
Religious life of the Zuui child, by Mrs.
Tilly E. Stevenson 1-liii, 533-555
Ridge, John, with Cherokee delegation at
"Washington 278. 279
murder of 203
compensation to heirs of 299
" Kidge" party of Cherokee 293
Ridge treaty rejected by Cherokee 280
Ripon, Wisconsin, mounds near 16
Robertson, James, commissioner of Cher-
okee treaty 194
Rogan, J. P., explorations of..xx-xxi, xxii, 61, 71,
72, 97, 98, 104
Rogers, James, deputized by Cherokee to
treat 212
Roas, Andrew, proposition for Cherokee
treaty 274, 275
and others, preliminary treaty con-
cluded with 275
Ross, John, applies for injunction agaiust
Georgia 262.272
alleged attempt to bribe 273
protests against the removal of Chero-
kee 273,275-
opposition to Andrew Ross's proposi-
tion 275
heads Cherokee delegation to Wash-
ington in 1835 278, 27»
arrest of 281
opposition to treaty 282
refusal of, to acquiesce in treaty 263
proposes new C herokee treaty 291
heads delegation to Washington in
1844 300
advises sale of Fort G ibson in town lots . 322
opposes survey and allotment of Chero-
kee domain 324
INDEX.
5(^3
rage.
Ross, Jobu, reii\tiousof, to Southern ConiVd-
eracy 326-3112
not recognized as principal chief of
Cherokee 343, 344
death of 347
" Koss " or " Government" party of Cher-
okee 293
Robertson, Charles, deed to, on the "Wa-
tauga 147
Robertson, General, agent of Tennessee
vrith Cherokee 179
Royce, C. C. work of xsxv
on the Cherokee Xation of Indians, .xlii-xliv,
121-378
Rutherford, Griffith, march against Cher-
okee 157
S.
Sac and Fox, burial customs of 20, 21
Saline or salt plains, treaty provisions re-
garding 250,300
Sand pictures, ceremonial 422,423,427,428,429
Scheetz and Hardy on Missouri mounds. . . 42
Schermerborn, John F., commissioner to
treat with Cherokee 249, 253, 257, 282
commissioner to report on country as-
signed to Indians of the West 251
appointed to treat with Ridge Cherokee
delegation 278, 279
Schoolcraft, 11. R., on Indian burial customs 21
advocates Indian orij:in of ninnuds H4
on identity of the Allegan with the
Cherokee 137
on sacrificial sticks 453
School-house mound 48, 49
Scott, \\'inHeld, ordered to command troops
in Cherokee country 291
Sells, Elijah, commissioner to tieat with
Chcrokco 331, 34 1
Stminole Indians of Florida, by Clay Mac-
Cauley xlviii-l, 4G9-531
Sequoyali, or George Guess, death of 302
Seven Cities of Cibola, attempt to locate., xxvii
Shaman, Navajo 385,387
Shawnee, stone graves of 30
expelled by Cherokee and Chickasaw.. 144
join Cherokee.. 356-358
Shea, J. G . aid of xxxv
Sheboywau County, Wisconsin, mounds... 19
Short, John T., on mound builders 83
Smith, H. H., mounds on farm of 51
Smith. Daniel, commissioner for treaty with
Cherokee 183, 187, 190
Smith, Mrs. E. A., work on Iroquois dia-
lect sxix, sxxii
Smith, Thomas E., commissioner to ap-
praise Indian lands 353
South Carolina, endeavors of, to extin-
guish Cherokee title 204, 205
Southern Confederacy and the Cherokee.. 326-
333. 342
Spainhour, J. M., opening of North Caro-
lina mounds by 61, 73
Spencer, J. W., on Indian burial customs. 21
Page.
Spi'ague, Pc-leg, denounces policy toward
Cherokee 288
Squier ard Davis on mounds 12, 38,45,46
Sqiiier, E. G., on Indian antiquities 19
Steele, John, commissioner to treat with
Cherokee 176
Stevens, E. L., aid acknowledged 130
Stevenson, James, exploratious of. xxiii, xxiv, 542
Stevenson, Mrs. Tilly E , on the religious
life of the Zuiii child 1-liii, 533-555
Stokes, Monlfoit, commissioner to treat
with Cherokee 249
commissioner to report on country as-
signed to Indians of the "West 251
Storrs, Henry R., denounces policy toward
Ch erokee 288
Stnini, G. P., aid acknowledged 130
Stuart, James, agent of Tennessee to treat
with Cherokee 179
Sullivan County, Tcuneasee, mounds 75-77
Sun danee, song of the rising 465
Supreme Court decision, iu Cherokee Na-
tion vs. Georgia 262
in Worcester vs. Georgia 264
Sweatland, S. H., census of Cherokee in
North Carolina in 1869 by 314
T.
Tallegwi and Cherokee, relation of 60
Tallegwi as mound builders 84
Tally-Hogan burial ground xxiii
Talootiske, Cherokee, grant of 193
Tatnall, E. F., appointed to assist in Chero-
kee removal 269
Taylor, NathaoielG., commissioner to treat
with Cherokee 340.352
Tennessee, comm'ssioners from, to treaty
council of Cherokee I7f>
endeavor of, to treat with Cherokee ... 201
on validity of Cherokee reservations . . 232
Tennessee Company, purcha.se of Cherokee
land by 162^
Tennessee mounds 10, 11
Tennessee River, mouuds near 77
Thing, L. H., explorations of xs, xxi
Thomas, Cyrus, work of xx-xxii, xsxvii
paper by, on burial mounds of the
northern section of the United States,
xxxviii->lii, 3-119
Thomas, Nora, translation of description of
burial ceremonies of the Hurons by. .110-119
Thomas, William H., agent for Cherokee.. 315
Thompson, R. F., aid acknowledged i;iO
Tompkins, H., census of Cherokee in 1867
by 351
Topping, Enoch H., commissioner to ap-
praise Indian lands 363
Treaties and purchases of 1777 149
Treaties between the State of Franklin and
the Cherokee 151, 152
Treaties of March 22, 1816 197, 198
Tre .ty and purchase of 1721 144
Treaty anil [uirehase of 1755 145
Treaty aud purchase of 1768 146
564
INDEX.
Page.
Treaty anil purchase of 1770 146
Ti-eaiy anil purchase of 1772 146
Treaty au(l purchase of 1773 14S
Treaiy and purchase of 1783 151
Treaty between Confederate States and
Cheiokee 228
Tieaty Cherokee propose to remove to
Mexico 302
Treaty of Hopewell, proceedings at 152
Treatyofl756 145
Treatyofl760 145
Treatyofl761 146
Treaty of 1775 148
Treaty of Noveniher 28, 1785 133,158
Treaty of July 2, 1791 158 j
Treaty of February 17, I7'J2 169
Treaty of June 26, 1794 171 [
Treaty of October 2, 1798 174 j
Treaty of Oct )ber 24 1804 183
Treaty of October 25, 1805 189
Treaty of October 27, 1805 190
Treaty of January 7, 1806 193
Treaty of September II, 1807 194
Treaty of Stptem her 14, 1816 209
Treaty of July 8, 1817 212
Treaty of February 27, 1819 219
Treatyof May6, 1828 229
Treaty of February 14, 1833 249
Treaty of Decern Vr 29, 1835 253
Treaty of 1835, adjudication of 305
Treatyof 1835 declared void by Cherokee.. 294
Treaty of March 1. 1836, supplementary .. 257
Treaty of Augu.st 6, 1846 298
Treaty of July 19, 1866 334
Treaty of April 27, 1868 340
"Treaty" or "Ridge" party of Cherokee.. 293
payments to 299
feuds of 301,302
Troup. Governor, on relations of Cherokee
toGeorgia 237
Trumbull, J. H., aid of xxxv
Turner. H. L., visit of, to Zuni 542
Tnscai ora, neighbors of the Cherokee 91
Tyler. John M., promises settlement of dif-
ticulties with Cherokee 296
Tylor, E. B., visit ol, to Zufli 540
r.
Upper Mississippi mounds 10, 24-44
V.
Van Buren. Martin, oflVrs a compromise in
Cherokee affairs 290
Tashon, George, n gotiates a treaty with
Cherokee 252
Vernon County, Wisconsin, mounds 14,20
Virginia mounds 10,87
Voorhees, D. AV., counsel for Cherokee — 345
W.
Waddell, Hugh, negotiates treaty of 1756
with Cherokee and Catawba 145
Page.
Wafford's setUement 186, 187
Wales, Samuel A., instructed by Governor
Forsyth to establish Cherokee bound-
ary line 269
Walnut Canon, ruins in xxiv
"Walton, Gi-orge, commissioner to treat
with Cherokee 174, 176.
Wapello County, Iowa, mounds 33
Washington, George, in relation to Cher-
okee 161,173
Washo Indians, linguistic res,, arches re-
specting XXX
Watie, Stand, a Confederate leader in th ■
civil war 298,325,328,333
confiscation act against adherents of-. 343
Waukesha, Wisconsin, mounds near 17
Webster, Daniel, denounces policy toward
Cherokee 286,290
Welch, Edward, mounds on farm of 41
Wellborn, Johnson, Georgia commissioner
in treating with Cherokee 236
West Virginia, mound explorations in xx, xxi
mounds in 10,51-60
Whitner, Joseph, surveyor of Cherokee
boundary line 165, 168
Wilkerson, AVilliam N., commissioner to
appraise Indian lands ... 363
Wilkes County, Xorth Carolina, mounds. 71, 72
Wilkinson, James, commissioner for Cher-
okee treaiy 184
Winchester, James, survey of Cherokee
boundary line by 1 54
commissioner for Cherokee boundary.. 165
Wisconsin, mounds in .10, 14-23
Wise, Henry A., denounce . policy toward
Cherokee 288,289
Wistar, Thomas, commissioner to treat
with Indians 341
Wool, John E.. in command of troops in
Cherokee Nation ■ 283
report on Cherokee affairs 286
relieved 289
Worcester DS. Georgia, Supreme Court de-
cision in 264
T.
Yarrow, H. C, researches of, lespecting
mortuary customs of Korth Amer.
ioan Indians xxxvii
Taybichy, dance of the 435,436
Tellow Creek .-ettlement 183
Tueca baccata dance 380,439,441
Yucca blades in Zuui ceremonial.. 550, 551, 553, 555
Zuni, researches among the xxv-xxix
folk lore of the xxxiii, xxxiv
religious life of children among the. by
Mrs. Tilly E. Stevenson I-liii, 533-555
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