Proceedings of [the Cherokee] Council [including a talk from Jos[eph] McMinn, Governor of Tennessee], 1818 May, Cherokee Agency / [signed by] Jos[eph] McMinn

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Cherokee Agency
20th May 1818
To the Cheifs [Chiefs] Head men and warriors of the [unclear text: Arcansas ] and Cherokee Nation now Assembled at the request of the President of the United States
Friends and Brothers --
It affords me great pleasure [added text: even ] to see so many of you present on this Occasion, and will not be less so to your Father the President of the United States to be informed that so many of his red Children have attended to the reading and explanation of the Treaty entered into last Summer between you and the United States. You have now heard the Treaty read and you have listened well, And I hope by a friendly conversation with each Other, you will be able to give it a proper construction, and to satisfy the minds of those who have never had an Opportunity of being informed of its true intent and meaning; and so soon as that is done it will put a total stop, to all disputes which have so unhappily


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Divided for some time past a Nation of People whose former habits and customs with each Other were well calculated to make them happy, and to restore this disirable [desirable] Blessing among you formed the greatest part of your Fathers wishes in calling you together; and I am Authorized to require you in his name, to reach out the hand of Brotherly friendship to each Other; as it is by these means a lone [alone] that your existence as a nation can be preserved and to give force to this remark I will introduce the advice of our great and beloved Father General Washington, to his white Children in his farwell [farewell] Talk before his death, he said, United you stand, divided you fall: as much as to say, my Children if you remain like Brothers in your present happy union, you will be able to stand and support your national existance [existence], not only against divisions amongst yourselves, but against all your enimies [enemies] from the Other side of the big water. --
His Children have listened to his talk and I call on my aged Brothers now present who have witnessed the rising greatness of this nation, to


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Say wheather [whether] you do not believe its present high Standing is much Owing to a friendly disposition towards each Other, which has prevailed amongst the American people both in peace and in war. --
Friends and Brothers. We who are present here have met for purposes which I earnestly hope will produce much good to both red and whites, we all possess equal rights to speak. And I hope now will return home from this place, who either wish to make remarks on the Treaty or to ask questions respecting it, which I promise to answer in the most satisfactory manner, within my power.
Friends and Brothers It is my duty on this occasion to call your attention back as far as the period when your Father Washington was president of the United States; it was him alone that laid the foundation of your past present and future prosperity: his Fatherly eye foresaw the danger to which you would be exposed from his white children living so near to his red childrens settlements: he


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Therefore resolved upon taking such measures with you; as in due time would render you fit, for a state of Civil Society; and make you members of his own great family: to effect this human and generous plan, with the least possible delay he ordered you to be furnished with all the implements of Husbandry; and your women with wheels looms [unclear text: Chards ] &c [et cetera] to enable them and you to cloathe [clothe] and feed your families; which he knew could not much longer be done by the Gun and the Bow; as your game was nearly gone. He Ordered Schools to be kept giving light to your minds, not less for the purpose of enabling you to form a correct knowledge of the great Spirit above, than for acquiring the art of reading and writing, without which you would be unable to transact your trade and intercourse with one another.
With these advantages derived from the United States you contented yourselves, until the latter part of the year
1808; when two depu


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tations went on to the City of Washington conducted by your agent Colonel Meigs; One of whom addressed Mr. Jefferson the President of the United States; by expressing a desire to be engaged in the pursuits of agriculture and civilized life; and stating at the same time the impossibility of inducing the Nation at large to embrace those measures; therefore requesting for themselves that their Country should be divided including all the [deleted text: water the ] waters of the Highwassee River to the upper Towns, that by drawing their society within small limits they proposed to begin the establishment of fixed laws, and regular Government --
I can not [cannot] but express the pleasure it affords me to find that the measures taken by your Father the President, for affecting your civilization is the same in principal which you proposed yourselves, you asked about One fourth part of your whole territory [added text: to be laid off for you ] and the President now asks each Cherokee family to hold in reservation 640 acres: I repeat it again that I am happy to find that a perfect agreement exists with the rulers of both Nations


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As to the best means to be used for your advancement into a state of civilized life; namely by lessening your territorial claims; which will necessarily attract your attention from the [unclear text: Gun ] and the [illegible text] ; and render the farmers life your indispensable pursuit.
With regard to the Deputies from the lower Towns, they asked their Fathers permission to form a settlement on the west of the Mississippi and adduced as reasons. 1st That they chose to continue -- the hunters life and secondly they complained of the great Scarcity of Game in the Country in which they then lived.
Now friends and Brothers I wish you to listen, while I call your attention to a short consideration, of those applications made by the two Deputations to Mr. Jefferson as it was from them; the late treaty Originated, and in fact from them, has sprung the present situation, and state of your national affairs.
I earnestly hope that all former displeasure respecting an exchange of Countries will


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Be forgotten by all parties; and on the part of the United States your Father the President, in his speech to the Arkansas Delegation Stated, that it would be better for his Red, and white Children. that the Cherokees should move west of the Mississippi by which removal he added, that we should be kept more apart; and consequently less liable to quarrels and Bloodshed; which seem to be daily increasing, and threatening the well disposed of both Nations.
Friends and Brothers, I beg leave [deleted text: again ] to call your attention to the propositions; made by both your parties, to Mr. Jefferson the then President of the United States, in order to show to you as clearly as I can that there does not exist, nor ever did exist sufficient cause to excite the smallest degree of hatred or jealousy between those who are the friends to an exchange of Countries, and those who are of a different opinion; for it must be remembered that the Deputies from the upper Towns expressed in the Strongest and most feeling terms, their anxious desire to begin


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The establishment of fixed laws, and regular Government; to which the Arkansas people could not or ever did Object. As to your Father Mr. Jefferson then President; your proposals were so perfectfully [perfectly] in accordance with his best wishes for your future happiness; that every aid and Fatherly assistance has been given to you in the most beneficial manner.
And with regard to the Arkansas people, they are prosecuting the very plan which they sought for and asked Mr. Jefferson to confer on them; they have found the land of promise, and it has been laid off for them; by Solemn Treaty; and your Father the President now holds out a general invitation to all your Nation who chose to migrate, and adds his Fatherly promise that he will act generously with you and make you prosperous and happy in your new homes in the Arkansas Country; and that he will do justice to those who chose to remain here. Thus stands the situation of both parties, as well defined, as my Judgement, and the narrow


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limits of this talk will afford; and I can not [cannot] forbear expressing a hopeing [hoping] that as the Treaty which was ratified by the President and Senate of the United States in due form has been read and in part explained; that each party as friends and brothers will permit the Other to act as free men who have a right by the laws of Nature and the original agreement made with President Jefferson to chose [choose] and decide for themselves as free and independent people, and on the score of your threatening the lives of each Other, the President has a right from the humane policy adopted and prosecuted, to expect that the education and opportunities which he has given your people, would before this period have taught them lessons of morality at least and that the customs of your ancient Fathers in the Old dark and unlightened [unenlightened] ages would at this prosperous period of universal peace between his white and red children, be treated by the rulers of this Nation with the most sovereign contempt and exemplary punishment. Tho' [Though] in case it should be Otherwise which I hope the great Spirit will forbid I am authorized in promising the arm of the general Government


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for protection to the innocent and weak and to all who are engaged in lawfull [lawful] pursuits whether in the business of migrating west of the Mississippi or in agricultural and civilized life on the East side of the Mississippi river.
I am instructed to inform you that the views of the General Government are to bring about by fair and honorable means as soon as practicable an entire extinguishment of the titles to the lands held by the four Nations east of the Mississippi in the precise manner it has been proposed to you; and happy for the Cherokee nation it will ever be that they made the first application for an exchange of Countries by which means they have secured one of the richest portions of Country that can possibly fall to the lot of any of their neighbouring [neighboring] Nations, who will yet have to search for a new Country. To prove this last statement to be true as relates to the other three Nations; I state that General Jackson and Governor Shelby of the State of Kentucky are commissioners for holding a treaty with the Chickasaw Indians and General Carrol and Col. McKee (agent) have been appointed to hold a treaty with the


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Chocktaws some time as I presume in the course of the approaching Summer
Friends and Brothers it is my duty to lay the views of my Government before you, so far as they could within my knowledge and to give them a candid interpretation: which I shall endeavour [endeavor] to do on the present occasion as it is one of great national importance. The United States, from which you and I claim protection have in consequence of their growing prosperity became subjects of malice and hatred of some of the rulers of Europe, which necessarily imposes on the rulers of the American people the necessity of placing the whole Country in the best possible State of Defence to effect this ground national Object so far as relates to the parts of New Orleans Mobile &c [et cetera] It has been impracticable whilst such immence [immense] tracts of Country remain as a wilderness and this national evil can only be remedied by contracting the limits of Territorial claims of the Nations so as to place those to remain on Reservations upon an equal footing with all Other citizens


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of the United States and the remainder to surrender their claims for which they will receive Other lands better adapted to their interest and state of society and by the regulation the United will combine the whole country on the East side of the Mississippi from the Northern lakes to the Floridas in one compact settlement of citizen - Soldiers from whose industry an Army can be fed and clothed: that would be equal to our countries defence in time of danger. To prove the great advantage that will result from such a state of things when affected I need only call your attention to the distressing scenes of hunger and hardship experienced by General Jacksons army in the late war in which you took an honorable part and felt the incident calamities in common with all others.
Friends and Brothers before I close this talk I will call your attention to a part of the presidents speech made to the great council of the nation of their last meeting wherein he recommends the measures that are about to be taken with the Chickasaws and Choctaw claims he makes use of the following remarks (as well as I recollect) The Hunters life-


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can not [cannot] continue unless in pathless Forrests [Forests] . It must give way to the more solid population, and if is Just it Should; for as the Earth was made for the common benefit of all mankind: no community has a right to possess a greater portion that is [unclear text: compleat [complete] ] to its maintainance [maintenance] whilst Others are suffering for the necessaries of life, arrising [arising] from a want of a sufficient quantity of land to cultivate [deleted text: and are therefore deprived of the comforts it affords. ]
These remarks are so well founded in reason and apply with so much force to your Situation on the present occasion: that I should be wanting in candour [candor] were I not to call your attention to a thorough investigation of their importance; and leave you to Judge for yourselves, whether they do not establish, the precise principals upon which the present Treaty was made. It therefore must be admited [admitted], that your Fathers remarks at once proves, the great necessity of turning your attention to the true & lasting interest of your Nation.
Here I ask you my Cherokee Brothers who are the rulers of this Nation; and to whom these people look up to, as giving light, to their path,


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which lead, to their Future [illegible text] happiness; and as its from you they expect, individual, and National protection: they have therefore, a natural and undeniable right, to call on you for counsel, upon this interesting, and all important subject: and unless you give it in the language of sincerity as good Fathers, hand -- down [added text: their talks ] to their children: you can not [cannot] be considered as acting honestly in the sight of the great Spirit, who knows, your most secret intentions; and whether you act from pure motives or with views, to become rich, from the oppression of the poor of your Own Nation.
For myself I have no hesitations in declaring to this council, and all Others who are now assembled; that from the information, I have Obtained relative to the Arkansas Country; there can be no doubt as to the propriety of recommending a removal from this to that Country, and particularly when addressing those who prefer the hunters life. Then they will find the Buffaloo [Buffalo], Bears, and Deer, with all most every kind of game, in the greatest abundance. The land is represented as being immensely rich. The Navigation of the Rivers can not [cannot] easily be Surpassed; and its


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contiguity to New Orleans, gives it a most decided superiority over this Country. If I did not feel conscious, that these Statements were founded in truth I Should Shrink from their recital, nor would, I use, the least exertions, to effect an exchange of Countries, with my red Brothers, the Cherokees; But nothing is more clear to me, than that the future prosperity, of the Hunter, the Farmer, Trader, and those engaged in raising Stock, will be essentially promoted, by a removal to the west of the Mississippi: and candour compells [candor compels] me to state that the full Occupation of this Country will be of great value to the United States in connexion [connection] with the grand Objects which they have in view; of forming Dense and compact Settlements from the Northern Lakes to the southern Ocean (which I have previously suggested.)
Against your removal, your head men in the Opposition State many Objections. First you will not have time (say they) to settle yourselves, in the Arkansas Country; before you will [added text: be ] driven from that to the west. In answering this Objection I must call your attention to the consideration of a part of the Presidents Speech to the Arkansas Delegation


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Which gives you a new Guarantee for your future happiness: and unless you are prepared to say that his talks pass by you as wind, without stoping [stopping] where you Stand; and that you will no longer hold him by the hand. I can not [cannot] see why any of you should contradict his talk which I have just read; and which is signed with his own hand. I will further say that so far as I know the views of any Government it is not intended to Open the way for any new settlements below the River St Francis, on the west of the Mississippi; and when we acquire the Country on the East side of said River, it will necessarily require much time to accomplish its settlement, with that [unclear text: weight of ] Population which the new interest of the United require, for with them it has always been a maxim of sound policy, never to permit Settlements to be formed with greater rapidity, than that which will draw with them the full exercise and Observance of the Treaties and Laws of the United States. [added text: Experience ] has proven to you that neither life no property can be protected to the full extent in new Settled


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Countries. A population widely dispersed can not [cannot] be controlled evan [even] by Laws of their Own formation, but with the same progress that the Laws pass on from the Old to the new Settlements: will be the [unclear text: pace ] that will govern in driving the Lawless from new Settled Countries or reforming their morals; and these remarks I hold strictly applicable to your Situation, which never will be change [changed] until the Land Occupied by each of you will bear a Strict proportion to your real wants, and not [unclear text: until ] [edge of document] will the indolent and disorderly discord [added text: their ] favorite pursu [edge of document] nor until that period arrives will you ever experienc [edge of document: e ] personal security and compleat [complete] happiness. Let me ask them, what are your present prospects for a civiliz [edge of document] life: when the Chiefs of fourteen Towns have utered [uttered] their protest against runing [running] the line between the States of Georgia and Tennessee, which is intened [intended] for the benefit and purposes of civil Government; and add to that, that under an Order of the [unclear text: said ] council of fourteen Towns, [unclear text: warriors ] have been


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Sent thro' [through] great part of the Nation to counteract the Orders of your Father the President, which has prevented many of your people from hearing the treaty read and explained and from hearing his Speech which was delivered to the Arkansas delegation
last march. How far he will be pleased with this treatment I can not [cannot] say: but this I will State in his behalf and on the part of the United States, that they have not treated your Nation with equal contempt and Equal injury for more than twenty years. And I now call on all my Brothers who hear the sound of my voice evan [even] the most aged to point at the period at the period and circumstance when this Nation had determined to arrange their affairs in a particular manner. and to say [added text: that ] the United States without consulting your wishes had thrown your talks and your plans on the ground as if they were unworthy to be held in their hands as I feel confident you have no such charge to make against the Government of the United States. I must be permited [permitted] to say that if the peace and


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Happiness of those who remain here instead of going to the Arkansas, Should hereafter be disturbed by any measures originating from the United States the cause will be your Own and not ours; and when I see the Exertions that are used as well to resist making reservations as for migrating to the Arkansas. I can not [cannot] close this talk without expressing my astonishment that many of the most enlightened displaying every energy of their minds so to construe the Treaty as best to effect the permanent evils which the Government of the United States have long endeavoured [endeavored] to remedy at an immense expense -- I mean your liberation from darkness and of being brought into a state of light.
These exertions my Brothers to keep the largest possible portion of your people on the east side [deleted text: side ] of the Mississippi in worse than their original state of society is not only acting against the wishes of your father. But in direct opposition to the best interest and future happi


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ness of [illegible text] our people, which can not [cannot] be promoted without carrying on the humane and grand Scheme of Civilization; which many of [edge of document] [illegible text] our people endeavouring [endeavoring] to depart and to prove to you that the United States possess the right of managing all your concerns in relation to your becoming a part of the great American family I will read the 9th Article of the Treaty of Hopewell, entered into between the United States, and yourselves, as far back as the days of our beloved Chief General Washington: and then concluded this talk which has occupied a much larger space than I had contemplated, Tho' [Though] I am concious [conscious] it does not contain sufficient bounds for me [deleted text: me ] fully to explain the Sublime topics it [deleted text: [illegible text] ] imbraces [embraces]
read in Open council
Your Friend & Brother of the Cherokee Agency
[Signed] Jos. [Joseph] McMinn

2 [unclear text: 5 ] th of May 1818



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His Excellency then Stated to the Council that two Clergymen would attend at the Council House to make arrangements with him for sending a school to the Arkansas, (he added) My Brothers this is the 1st School sent to the Arkansas Country but it will not be last. That your Father the President of United States will be your friend beyond the Mississippi and send you Schools and every other means of civilization within his power to make you a happy enlightened and prosperous people in your new homes on the Arkansas. [unclear text: He ] here called their attention to the Treaty of Hopewell for the purpose of showing to them that the United States have the inalienable right to regulate their internal police &c [et cetera] and made many appropriate remarks upon the treaty as applicable to their situation.
The council Adjourned until tomorrow at the usual [unclear text: signal ]

Thursday
May the 28th 1818

His Excellency met the Chiefs and warriors in the council house according to [illegible text]


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His Excellency having heard that some of those who had drawn arms under the late treaty had sold them: drew from him a strict reprimand against such a course [added text: predicated on the intercourse Law passed in the year 179 [illegible text] ] I hope (he added) that I shall never hear of a like occurrance [occurrence] among you again and that if it is persisted in the offenders will meet the demerit of such gross improprieties, And that the value of the Guns [added text: [unclear text: thus ] sold or taken ] will be deducted from their Annuities and after making some general remarks, and thanking his brothers the Chiefs and warriors for their assiduous attention and patient hearing they had bestowed on all that had been said to them and for their sober and orderly conduct during the meeting His Excellency disolved [dissolved] the meeting after which a very appropriate Exortation [Exhortation] was Delivered to them by the Rev.d [Reverend] Mr. Cornelious The council then adjourned Sine die
By the Governor
[Signed] Jos. [Joseph] McMinn

[Signed] [unclear text: JC ] Mitchell Secretary





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Proceedings of Council at Cherokee Agency
May 1818