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541. March 26, 1853.

542. This protest bore date of November 9, 1853, and was filed by Edwin Follin, as their attorney or representative.

543. September 21, 1853.

544. November 22, 1853.

545. Letter of Agent Butler, dated November 30, 1853.

546. Annual report of Agent Butler for 1854.

547. The delegation submitted these propositions in a communication to the Commissioner of Indian Affairs, dated December 28, 1854.

548. Annual report of Agent Butler for 1855.

549. Annual report of Agent Butler for 1857.

550. Annual report of Agent Butler for 1858.

551. October 10, 1860.

552. See reports of Agent Cowart in November, 1860, in Indian Office report of 1860, pp. 224, 225.

553. January 1, 1860.

554. Letter of Agent R. J. Cowart to Commissioner Indian Affairs, September 8, 1860.

555. Letter of S. W. Butler, published in Philadelphia North American, January 24, 1863.

556. Letter of General Albert Pike to Commissioner of Indian Affairs, February 17, 1866, published in pamphlet report of Commissioner of Indian Affairs to the President, bearing date June 15, 1866.

557. Letter of S. W. Butler, in Philadelphia North American, January 24, 1863, and letter of General Albert Pike to Commissioner of Indian Affairs, February 17, 1866.

558. Letter of Albert Pike, February 17, 1866. The delegates representing the "Southern Cherokees," in their statement to the United States commissioners at the Fort Smith conference, September 16, 1865, say: "Years before the war one portion of the Cherokees was arrayed in deadly hostility against the other; a secret organized society called the 'Pins,' led by John Ross and Rev. Jones, had sworn destruction to the half-bloods and white men of the nation outside this organization," etc.

559. Early in June, 1861.

560. Letter of General Albert Pike to Commissioner of Indian Affairs, February 17, 1866.

561. Ibid.

562. June 12, 1861.

563. June 17, 1861.

564. According to the message of John Ross, as principal chief to the Cherokee national council, October 9, 1861, this convention was held on the 21st of August, 1861.

565. Pike's letter to Commissioner of Indian Affairs, February 17, 1866.

566. 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, and affiliated tribes resident in leased territory, and Comanches, August 12, 1861.

567. The treaty with the Osages was concluded October 2, that with the Senecas and Shawnees on the same day, and also that with the Quapaws. (See Report Commissioner of Indian Affairs for 1865, p. 318.)

568. The text of this treaty was reprinted for the use of the United States treaty commissioners in 1866.

569. August, 1861. See letter of Commissioner of Indian Affairs to the President, June 15, 1866.

570. General 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.

571. This address (printed as document No. 7, accompanying the letter of Commissioner of Indian Affairs to the President, June 15, 1866) bears date of December 19, 1862. This is an evident typographical error for 1861, 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 O-poth-le-yo-ho-lo, the loyal Creek leader. This battle occurred at Bushy or Bird Creek, December 9, 1861, and before the expiration of another year Ross had left the Cherokee country under the escort of Colonel Weir.

572. Greeley's American Conflict, Vol. II, p. 32; also, Report of Commissioner of Indian Affairs, June 15, 1866, and numerous other official documents.

573. Report of Commissioner of Indian Affairs to the President, June 15, 1866, p. 10.

574. Letter of General Albert Pike, February 17, 1866; also letter of T. J. Mackey, June 4, 1866.

575. Letter of General Albert Pike, February 17, 1866.

576. Commissioner of Indian Affairs to the President, June 15, 1866.

577. Ibid.

578. Letter of John Ross to O-poth-le-yo-ho-lo, September 19, 1861.

579. Report of Agent Cutler and Superintendent Coffin for 1862. See pages 135 and 138 of the Report of the Commissioner of Indian Affairs for 1862.

580. April 2, 1863.

581. Report of Commissioner of Indian Affairs for 1863, p. 24.

582. United States Statutes at Large, Vol. XIV, p. 799.

583. United States Statutes at Large, Vol. XVI, p. 727.

584. Letter of General J. J. Reynolds to Secretary of the Interior, June 28, 1865; printed in report of Commissioner of Indian Affairs for 1865, p. 295.

585. Report of D. N. Cooley, president of the commission, dated October 30, 1865.

586. Report of D. N. Cooley, president of the commission, dated October 30, 1865.

587. Report of Commissioner of Indian Affairs for 1865, p. 36.

588. Report of Elijah Sells, superintendent of Indian Affairs, October 16, 1865.

589. September 13, 1865.

590. September 15, 1865.

591. September 16, 1865.

592. This objection to consolidation was afterwards withdrawn, and, based upon fuller information of the proposed plan, was most fully concurred in.

593. September 18, 1865.

594. Statement of Southern delegation at an interview held with Commissioners Cooley and Sells, March 30, 1866. 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.

595. Statement of loyal delegation at interview held with Commissioners Cooley and Sells, March 30, 1866.

596. Sundry interviews between Commissioners Cooley and Sells and the loyal and Southern delegations, from March to June, 1866.

597. June 13, 1865.

598. United States Statutes at Large, Vol. XIV, p. 799.

599. See preamble to treaty of July 19, 1833.

600. John Ross, or Kooeskoowe, was of mixed Scotch and Indian blood on both father's and mother's side. His maternal grandfather was John Stuart, who for many years prior to the Revolutionary war was British superintendent of Indian affairs for the southern tribes and who married a Cherokee woman. He was born about 1790 in that portion of the Cherokee Nation within the present limits of Georgia, and died in Washington, D. C., August 1, 1866. As early as 1813 Ross made a trip to 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 brethren, the character of the country, etc. In 1820 (and perhaps earlier) he had become president of the Cherokee national committee, and continued so until the adoption of a constitution by the Cherokee Nation, July 26, 1827. Of this constitutional convention Mr. Ross was the president, and under its operation he was elected principal chief, a position which he continued to hold until his death.

601. May 11, 1872. United States Statutes at Large, Vol. XVII, p. 98.

602. April 29, 1874. United States Statutes at Large, Vol. XVIII, p. 41.

603. February 28, 1877. United States Statutes at Large, Vol. XIX, p. 265.

604. See treaty of April 27, 1868. United States Statutes at Large, Vol. XVI, p. 727.

605. See report of Commissioner of Indian Affairs to Secretary of Interior, March 1, 1867, transmitting the agreement.

606. October 9, 1867.

607. United States Statutes at Large, Vol. XVI, p. 727.

608. See Indian Office records.

609. See report of Commissioner Indian Affairs for 1870, p. 376.

610. See report of Commissioner Indian Affairs for 1871, p. 671.

611. August 11, 1871.

612. 5,019.91 acres.

613. United States Statutes at Large, Vol. XV, p. 222.

614. August 27, 1868.

615. December 23, 1868.

616. July 6, 1867.

617. March 3, 1868.

618. February 26, 1868.

619. See document "Fortieth Congress, second session—confidential—Executive 3P."

620. United States Statutes at Large, Vol. VII, p. 311.

621. Ibid., p. 414.

622. Ibid., p. 478.

623. United States Statutes at Large, Vol. IX, p. 871.

624. United States Statutes at Large, Vol. IX, p. 446.

625. United States Statutes at Large, Vol. X, p. 283.

626. Indian Office records.

627. December 6, 1867.

628. July 31, 1868.

629. Letter of Cherokee delegation to Commissioner of Indian Affairs, April 23, 1868.

630. Treaty of November 7, 1825, in United States Statutes at Large, Vol. VII, p. 284.

631. Treaty of May 10, 1854, in United States Statutes at Large, Vol. X, p. 1053.

632. United States Statutes at Large, Vol. XVI, p. 53.

633. August 14, 1871.

634. United States Statutes at Large, Vol. XIV, p. 687.

635. April 10, 1868.

636. May 27, 1868.

637. United States Statutes at Large, Vol. XVI, p. 362.

638. Letter of Cherokee delegation to Commissioner of Indian Affairs, February 15, 1871.

639. May 27, 1871.

640. Letter of Cherokee delegation to Commissioner of Indian Affairs, June 10, 1871.

641. United States Statutes at Large, Vol. XVII, p. 228.

642. April 8, 1872.

643. See surveyors' plats on file in Indian Office.

644. See report of Commissioner of Indian Affairs to Secretary of the Interior, March 6, 1875.

645. United States Statutes at Large, Vol. XIX, p. 28.

646. United States Statutes at Large, Vol. XVII, p. 190.

647. United States Statutes at Large, Vol. XIV, p. 717.

648. Treaty of October 21, 1867, United States Statutes at Large, Vol. XV, p. 581.

649. United States Statutes at Large, Vol. XV, p. 593.

650. August 10, 1869.

651. United States Statutes at Large, Vol. XVII, p. 190.

652. October 24, 1872.

653. November 18, 1873.

654. United States Statutes at Large, Vol. XIX, p. 120.

655. January 30, 1877.

656. September 8, 1877.

657. Letter of the Secretary of the Interior to the President, June 21, 1879.

658. June 23, 1879.

659. United States Statutes at Large, Vol. XIX, p. 187.

660. January 27, 1877.

661. Report of Commissioner of Indian Affairs for 1877, pp. 21—23.

662. Report of Commissioner of Indian Affairs for 1878, p. xxxvi.

663. United States Statutes at Large, Vol. XXI, p. 380.

664. Act of May 27, 1878, United States Statutes at Large, Vol. XX, p. 63.

665. Report of Commissioner of Indian Affairs for 1879, p. xl.

666. Report of Commissioner of Indian Affairs for 1881, p. lxiii. The removal was accomplished between October 5 and October 23.

667. Deeds were executed June 14, 1883, by the Cherokee Nation to the United States in trust for each of the tribes located upon Cherokee country west of 96°, such deeds being in each case for the quantity of land comprised within the tracts respectively selected by or for them for their future use and occupation. See Report of Commissioner of Indian Affairs, for 1883, p. lii.

668. February 27, 1871.

669. April 14, 1871.

670. May 4, 1871.

671. The survey was approved by the commissioners December 11, 1871.

672. Acts of July 25, 26, and 27, 1866.

673. May 13, 1870.

674. May 21, 1870.

675. May 23, 1870.

676. June 13, 1870.

677. The persons affected by this action were comprised within four classes, viz:

1. White persons who had married into the tribe.

2. Persons with an admixture of Indian blood, through either father or mother.

3. Adopted persons.

4. Persons of African descent who claimed rights under the treaty of 1866.

678. February 15, 1876.

679. October ——, 1876.

680. April 4, 1879.

681. December 12, 1879.

682. A bill to this effect was introduced into the Senate by Senator Ingalls, of Kansas, June 3, 1879, and reported from the Committee on Indian Affairs, with amendments, June 4, 1880, by Senator Williams, of Kentucky.

683. December 6, 1879.

684. October 16, 1880.

685. November 23, 1880.

686. January 26, 1882.

687. May 9, 1883.

688. William Bartram, who traveled through their country in 1776, says (Travels in North America, p. 483): "The Cherokees in their dispositions and manners are grave and steady, dignified and circumspect in their deportment; rather slow and reserved in conversation, yet frank, cheerful, and humane; tenacious of the liberties and natural rights of man; secret, deliberate, and determined 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 territory and maintain their rights."

689. Hon. J. C. Calhoun, Secretary of War, under date of March 29, 1824, in a communication 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 husbandry have been abundantly and constantly distributed to the Cherokee Nation, which has resulted in creating a taste for farming and the comforts of civilized life."

690. May 30, 1820.