Order, 1836 Nov. 3, Headquarters, Fort Cass, [Tennessee] / Brig[adier] Gen[era]l John E. Wool

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HEAD QUARTERS, ARMY E.T & C.N. FORT CASS

November 3d. 1836

GENERAL ORDER
No. 74
I am instructed by the President of the United States, through the War Department, to make known to Mr. John Ross, and all others whom it may concern, that it is his determination to have the late Treaty, entered into between the United States and the Cherokee People, and ratified by the Senate, the
25th May, 1836, "religiously fulfilled in all its parts, terms and conditions, within the period prescribed," and that "no delegation which may be sent" to Washington "with a view to obtain new terms, or a modification of those of the existing treaty, will be received or recognized, nor will any intercourse be had with them, directly or indirectly, orally or in writing;" and that the President regards the proceedings of Mr. Ross and his associates in the late Council held at Red Clay, "as in direct contravention of the plighted faith of their people, and a repetition of them will be considered as indicative of a design to prevent the execution of the Treaty, even at the hazard of actual hostilities, and they will be promptly repressed."
It is further made known by instructions from the War Department, that "if any of our citizens enter the Cherokee country and incite opposition to the execution of the treaty, "they will be proceeded against according to the laws of the State, if any exist on the subject, in which they may enter; and if there should be "no law of the State which can be brought to bear on them, and under which they may be removed," "it is the opinion of the President" as expressed through the War Department "that they may be removed" out of the country, "under the 6th article of the treaty," in which the United States guarantee that the Cherokees shall be "protected against interruption and intrusion from citizens of the United States who may attempt to settle in the country," unless it is with the express consent "of the Committee who are acting under the 12th Article of the Treaty, and by the terms of that Article they alone are authorized to give it."
All officers of the Army, whether commanding Volunteers or Regular Troops, under my command, are required and directed to make known to all persons residing, or who may come within the range of their respective commands, the contents of this order. And to make diligent search and enquiry in regard to all citizens who may enter the Cherokee country, and incite opposition or interfere with the due execution of the treaty, and report their names and places of residence without delay, to General Head Quarters, in order that they may be proceeded against, according to the laws of the country, and the instructions of the President of the United States. They are also required and directed to prevent all meetings and to break up all Councils coming to their knowledge, assembled in the Cherokee country, for the purpose of opposing the treaty, or discussing its non-execution."

[Signed] John E. Wool Brig. Genl Comdg. [Brigadier General Commanding]