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Rival delegations headed by Ross and Ridge.—But little else was done and practically nothing was accomplished until the following winter. Early in February, 1835, two rival delegations, each claiming to represent the Cherokee Nation, arrived in Washington. One was headed by John Ross, who had long been the principal chief and who was the most intelligent and influential man in the nation. The rival delegation was led by John Ridge, who had been a subchief and a man of some considerable influence among his people.404 The Ross 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. Ridge and his delegation, though formerly of the same mind with Ross, had begun to perceive the futility of further opposition to the demands of the State and national authorities. Feeling the certainty that the approaching crisis in Cherokee affairs could have but one result, and perceiving an opportunity to enhance his own importance and to secure the discomfiture of his hitherto more powerful rival, Ridge caused it to be intimated to the United States authorities that he and 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.

Rev. J. F. Schermerhorn was therefore appointed,405 and instructions were prepared authorizing him to meet Ridge and his party and to ascertain 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, Ross and his party requested to be allowed to make a proposal to be submitted to the President for his approval. He was assured that his proposal would be considered, and in the mean time Mr. Schermerhorn was requested to suspend his operations. So much time, however, elapsed before anything more was heard from Ross and his party that the negotiations with the Ridge party were proceeded with. They terminated in a general understanding respecting the basis of an arrangement, leaving, however, 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 $3,250,000, besides the sum of $150,000 for depredation 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 in the aggregate, including the western outlet, to about 13,800,000 acres.406

Proposition of John Ross.—On the 25th of February, Ross and his delegation, finding that the negotiations with Ridge were proceeding, submitted a proposition for removal based upon an allowance of $20,000,000 for the cession of the territory and the payment of a class of claims of uncertain number and value. This was considered so unreasonable as to render the seriousness of his proposition doubtful at the time, but it was 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.407 Thereupon a statement of all the facts was placed in the hands of Senator King, of Georgia, who submitted the same to the Senate Committee on Indian Affairs on the 2d of March. It was not contemplated that any arrangement made with these Cherokee delegations at this time should be definitive, but that the Cherokee people should 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 Ross's proposition.—The Senate gave the matter prompt consideration, and on the 6th of March the Secretary of War advised Mr. Ross that by a resolution they had stated their opinion that "a sum not exceeding $5,000,000 should be paid to the Cherokee Indians for all their lands and possessions east of the Mississippi River," and he was invited to enter into negotiations upon that basis, but declined to do so.

Preliminary treaty concluded with the Ridge party.—The treaty between Schermerhorn and the Ridge party was thereupon completed with some modifications and duly signed on the 14th of March, but with the express 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 land, but in the main its provisions differed but little in the important objects sought to be secured from those contained in the treaty as finally concluded, December 29, 1835.

Schermerhorn and Carroll appointed to complete the treaty.—In the mean time,408 two days after the conclusion of the preliminary Ridge treaty, President Jackson issued an address to the Cherokees, inviting them to a calm consideration of their condition and prospects, and urging upon them the benefits certain to inure to their nation by the ratification of the treaty just concluded and their removal to the western country. This address was intrusted to Rev. J. F. Schermerhorn and General William 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 summer and fall were spent in 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 War,409 two alternative propositions, by either of which a treaty might be secured.

These propositions were: (1) That the appraising agents of the Government should ascertain from influential Cherokees their own opinion of the value of their improvements, and promise them the amount, if this estimate should be in 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 once410 advised of the opposition of the President to any such action. If a treaty could not be concluded upon fair and open terms, he must abandon the effort and leave the nation to the consequences 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 support 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 Cherokee 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 he 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 in 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."411

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 purpose of negotiating and agreeing upon the terms of a treaty. The notice was 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.412 In the mean time the Ross delegation, authorized by the Red 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 Washington. Previous to their departure, John Ross was arrested. This took place immediately upon the breaking up of the council. He was detained some time under the surveillance of a strong guard, without any charge against him, and ultimately released without any apology or explanation. At this arrest all his papers were seized, including as well all his private correspondence and the proceedings of the Cherokee council.413 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 three to five hundred, as reported414 by Mr. Schermerhorn himself, 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 prevent his attendance. The objects of the council were fully explained, the small attendance being attributed to the influence of John Ross. 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 officer's authority had been delegated to Mr. Schermerhorn.413

Those present resolved on the 23d to enter into negotiations and appointed a committee of twenty to arrange the details with the Commissioner and to report the result to the whole council.

The following five days were occupied by the commissioner and the committee in discussing and agreeing upon the details of the treaty, one point of difference being as to whether the $5,000,000 consideration for their lands as mentioned in 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 in the resolution of that body. It was also insisted by the Cherokee committee that reservations should be made to such of their people as desired to remain in their homes and become citizens of the United States.

As a compromise of this demand, it was agreed by the United States commissioner to allow pre-emptions of 160 acres each, not exceeding 400 in number, in the States of North Carolina, Tennessee, and Alabama, 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 council adjourned on the 30th, after designating a committee to proceed to Washington and urge the ratification of the treaty, clothed with power to assent to any alterations made necessary by the action of the President or Senate.415

Commissioner Schermerhorn reports conclusion of a treaty.—Immediately following the adjournment of the council, Commissioner Schermerhorn wrote the Secretary of War, saying: "I have 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 satisfaction."416

Supplemental treaty concluded.—Several provisions of the treaty met with the disapproval of the President, in order to meet which supplementary articles of agreement were concluded under date of March 1, 1836,417 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.418

Opposition of the Ross party.—Whilst these events were happening, and strenuous efforts were being made to encourage among Senators a sentiment favorable to the ratification of the treaty, John Ross was manifesting his usual zeal and activity in the opposite direction. Early in the spring of 1836 he made his appearance in Washington, accompanied by a delegation, and presented two protests against the ratification of the treaty, one purporting to have been signed by Cherokees residing within the limits of North 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. Ross also demanded the payment of the long withheld annuities to himself as the duly authorized representative of the nation, which was declined unless special direction to that effect 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 the Eastern Cherokees.419

Treaty ratified by United States Senate.—In spite of the opposition of Mr. Ross and his party, the treaty was assented to by the Senate by one more than the necessary two-thirds majority,420 and was ratified and proclaimed by the President on the 23d of May, 1836.421 By its terms two years were allowed within which the nation must remove west of the Mississippi.

Measures for execution of the treaty.—Preparatory steps were promptly 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 17th article, and vested with general supervisory authority over the execution of the treaty. The selection and general supervision (under the foregoing commissioners) of the agents to appraise the value of Cherokee improvements was placed in charge of Benjamin F. Curry, to whom detailed instructions were given422 for his guidance. General John E. Wool was placed in command of the United States troops within the Cherokee Nation, but with instructions423 that military force should only be applied in the event of hostilities being commenced by the Cherokees.

The Ross party refuse to acquiesce.—John Ross and his delegation, having returned home, at once proceeded to enter upon a vigorous campaign of opposition to the execution of the treaty. He used every means to incite the animosity of his people against Ridge 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 provisions absolutely null and void.424 A copy of these resolutions having been transmitted to the Secretary of War by General Wool, the former was directed425 by the President to express his astonishment that an officer of the Army should have received or transmitted a paper 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 propriety 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 in 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.