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previous: Chapter 24 This webpage reproduces a chapter of The Five Civilized Tribes by Grant Foreman University of Oklahoma Press Norman, Oklahoma, 1934 The text is in the public domain. This page has been carefully proofread and I believe it to be free of errors. If you find a mistake though, please let me know! next: Chapter 26

[ Cherokee ]

 p338  Chapter twenty-five
The Treaty of 1846

Comparative quiet rested on the Cherokee Nation through the spring and summer of 1845, but in the autumn there was a recrudescence of outlawry that shocked the people. November 2 a party of armed and disguised bandits came to the home of R. J. Meigs whom they tried to kill; he escaped however and after they plundered his home, a substantial brick house near Park Hill, they fired and burned it with its contents. Then in the neighborhood they killed two full-blood Indians who had recognized and might have reported the bandits.⁠1 Meigs identified the outlaws as Tom Starr, Washington Starr, Ellis Starr, Suel Rider, and Ellis West. The term of the light horse or mounted police had expired by operation of law so that there was no force but that of the sheriff to cope with lawbreakers, a state of affairs that was doubtless counted on by the miscreants. A posse of citizens then armed themselves and went to Flint District to the home of James Starr, the father of the notorious sons. The posse killed the elder Starr and wounded his fourteen-year-old son Washington, and another son William. Then they proceeded half a mile to the home of Suel Rider whom they killed.

A standing reward for the capture of each of the Starrs had failed to secure them. Through fear and friendship they were harbored in the Cherokee Nation. One man who was suspected said he was more afraid not to take them in than he was to act as their host. But their particular sanctuary was over the line in Arkansas among the white people who had been said by both General Taylor and General Arbuckle to be engaged in officious interference in the affairs of the Cherokee people.  p339 While it was not charged by the Cherokee government that the lawlessness by the bandits was incited by the faction that called itself the "Treaty Party," the Starrs were of that "party" and most of the outrages committed by them were directed against the regular government and those who were in sympathy with it. A man who was both a lawyer and news­paper man in Van Buren, and who had married a member of the "Treaty Party," was a leader in spreading the alarm that the members of that faction were in peril of their lives with the result that a large number of them fled across the line into Arkansas. It was charged by the Cherokee Advocate that this lawyer was interested in creating and keeping alive excitement and disorder so that the Government might be induced to award large compensation to members of the Treaty Party in the new treaty that all felt was soon to be negotiated. The Starrs were treated as martyrs and through the efforts of the whites and disgruntled Indians they succeeded in building up a tradition that the killing of these and other outlaws were "political" reprisals.

The Cherokee council was in session within three miles of the scene of the attack on Meigs and the burning of his home, an act designed to exhibit the contempt of government and law by the bandits. The council promptly met the challenge and enacted a measure organizing a light horse company "to pursue and arrest all fugitives from justice."⁠2 This arm of the government entered vigorously into the discharge of its duties. Persons who had been harboring the Starrs realizing that they were suspected and subject to the penalties of the law, fled to Arkansas to reside among the whites who were friends of their faction and engaged in making trouble for the established Cherokee government.

The situation was explained by the Cherokee Advocate as resulting from

White people of Arkansas aided industriously in spreading the report that the killing of James Starr and Rider was but the beginning of a contemplated series of bloody reprisals to be visited on the Treaty Party. An article in the Arkansas Intelligencer published at Van Buren said that an indiscriminate massacre of all the Treaty Party had been determined on; and that it was planned to kill all the Starrs from two years of age up. These extravagant statements had the effect as it was planned to create a panic in the minds of many who were of the Treaty Party, and they fled across the line into Arkansas.

No time was lost by the whites in sending in its most sensational form news of the situation in Flint District and the adjoining Arkansas  p341 to General Arbuckle. To investigate he sent Major Bonneville who reported that 100 men and their families had fled to Arkansas in fear of their lives. "They fear and I think very justly, to return, having no guarantee, however innocent they may be, that they may not fall victims like their friends, to the illegal and savage acts of an armed and irregular body."

General Arbuckle, still cherishing a grudge against John Ross and the success­ful government headed by him, willing to believe the most extravagant charges against that government if not to welcome the infirmities that would presage its collapse, wrote on November 15 a truculent letter to Maj. George Lowrey, acting chief. Chief John Ross was then in Washington with the Cherokee delegation. Arbuckle without making any inquiry of Lowrey as to the facts, with supreme effrontery informed the chief that "the Light Horse must be disbanded at once, and the persons concerned in the murder of James Starr and Rider arrested."⁠4 And without consulting the Cherokee authorities he ordered a company of dragoons under Capt. Nathan Boone to the "scene of the disorders."⁠5 The Cherokee Nation was jealous of its prerogatives and bitterly denied the right of the military to invade its territory or to interfere in its domestic affairs. Chief Lowrey sent to the Cherokee agent Arbuckle's communication with a letter explaining the situation and saying that he recognized the agent as the only proper officer of the Government to whom he was accountable. The Chief then dispatched a delegation to Flint District for the purpose of securing information relative to the condition of affairs there. This delegation was composed of the most conservative and responsible men of the Nation: George Hicks, Rev. Stephen Foreman, John Thorn and William Shorey Coodey. On their return November 25 they reported to the chief. They and the Cherokee agent met a number of the fugitives at the home of the W. S. Adair near the line; all endeavored to persuade the alarmed Cherokee citizens who had fled that they might safely return to their homes, but such was the fear created in their minds by the rumors circulated by the white people that they would not be convinced and insisted on remaining in Arkansas. James McKissick, the agent, informed the delegation that the dragoons had been  p342 sent from Fort Gibson not on his request but on that of white residents of Evansville, Arkansas. The delegation returned to Tahlequah and reported November 25 to the chief that the fugitives "were determined not to be convinced of their safety at home; and they were striving to give the affair a party aspect; they were invoking the sympathy and aid of the white people by false statements, and endeavoring to seduce by false reports as many Cherokee citizens as possible to leave their homes and join them for the purpose of giving some plausibility to their denunciations of the Cherokee authorities," and denying the representative capacity of the delegation.⁠6

The excitement began to abate somewhat in December, but General Arbuckle said there was still a band of men on the mountain near Evansville committing depredations, "killing stock, hauling off corn, and plundering the houses of those who have been forced to leave their homes."⁠7 Stand Watie with sixty men had assumed a belligerent attitude: at Fort Wayne were congregated "a mongrel set of Cherokees, white men with Indian wives, citizens of the United States and one or two mulattoes under the command of Stand Watie. . . . The manner in which they have fortified themselves, the attempt at military discipline, the inducements held out to increase their number, threats that some of them have made, the burial of the dead with 'the honors of war,' and their persisting in these things are highly censurable. They smack of a rebellious spirit and show conclusively that the company have some latent object in view inimical to the peace of the country."⁠8

To prevent violence threatened by these manifestations, General Arbuckle ordered to the border two more companies of dragoons from Fort Washita, Company D under Lieutenant Johnson, and Capt. Enoch Steen's Company E. This force and the persuasion of Captain Boone and G. W. Adair prevented other recruits from joining Stand Watie at Fort Wayne and organizing for a threatened aggressive movement against the established Cherokee officers. Johnson who was stationed near Fort Wayne advised Stand Watie to disband his force. The evidence finally convinced General Arbuckle, and he was reluctantly forced to join Captain Boone in the opinion that the white people  p343  of Arkansas were encouraging Stand Watie and other Cherokee to acts of violence.⁠9

The determination of General Arbuckle to maintain a censorious and hostile attitude toward the established Cherokee government, discrediting its pretensions, and weakening its authority to prevent disorder, is in sharp contrast to the report recently made by his superior, General Jones, Colonel Mason and Governor Butler vindicating the officials of the charges so hastily accepted by Arbuckle as true. It is explicable only in the light of his advanced age, the controversy with John Ross in which he came out second best, and his rebuke by being sent to the little post of Baton Rouge; this left a deep resentment that lasted as long as he lived. After a study of all the evidence one cannot escape the conviction that Arbuckle hindered and delayed the establishment of law and order. His interference with the functioning of the established Cherokee government, his sympathy for and protection of the Starrs not only actively hindered the application of wholesome Cherokee laws, but perpetuated the fiction that these outlaws were innocent victims of an oppressive government, and aided in misleading the federal officials in Washington, thereby inducing them to lend their countenance to the plans of Stand Watie and Bell, which, if they had succeeded, would have wrecked the Cherokee Nation. One reads with amazement some of Arbuckle's misstatement of facts showing his prejudice and willingness to believe reports to the prejudice of the Cherokee government.⁠10

A spirit of reprisal prevailed the land. Murders were of frequent occurrence. Among those was that of Granville Rogers, son of Capt. John Rogers, at Beattie's Prairie in January, by Braxton Nicholson and his partner Pitner, a white man married to a Cherokee.⁠11 Charles Smith was a son of Archilla Smith who was tried and convicted of murder and executed on January 1, 1841.⁠12 Charles Smith stabbed and killed a young man named John M. Brown because he was of the party which pursued and killed Smith's friend, Bean Starr at Fort Washita. When  p344 the officers undertook to arrest Smith he resisted, seized a gun and was killed by the officers.⁠13 Captain⁠a Bonneville made another investigation and reported "about 750 men, women and children have fled beyond the limits of the nation for safety. Murder and strife continue. Light-horse or police companies are assigned to each district — these companies are certainly very summary dealers in justice; tis indeed a deplorable state of things; they have good laws & if properly administered no people could be happier."⁠14 Farms on Beattie's Prairie within what is now Delaware County were abandoned; the owners took up their abode in Arkansas and made the hamlet of Evansville their headquarters. Arbuckle ordered these refugees fed at public expense and warned that the money would come out of the funds of the Cherokee Nation. It was charged that this indulgence was much abused to the prejudice of the country. The Indians were encouraged to come to Arkansas and live at the expense of the public. "Some who have a greater supply of provisions on hand than they want, sell first to the contractors, and then turn right around and receive regular issues out of the same for the subsistence of themselves and their families."⁠15 Instead of abating the belligerent force "on the line," the issuing of free rations to them encouraged the congregating of restless and lawless spirits whose activities discredited the peaceful Cherokee citizens collected there; Indians who had fled their haunts from fear excited by the deliberate misrepresentations of whites and half breeds who were engaged thus in a systematic effort to augment their following, to break down the established government, and create a division in the tribe that otherwise could not be accomplished.⁠16

The people of Arkansas at last became tired of providing sanctuary for Cherokee criminals and the refugees, from supposed dangers in their own country. And the Arkansas Intelligencer demanded that the Starrs who had committed murders in the State be apprehended and delivered up to the proper authorities or driven from the State.⁠17 A  p345 meeting of citizens of Washington County adopted resolutions that were presented to Captain Boone requesting him to remove the encampment of refugee citizens from their county.⁠18

A memorial to Governor Drew was addressed by citizens of Evansville and vicinity March 4, praying that steps be taken to remove from their neighborhood the Cherokee refugees; they charged that their visitors harbored criminals who committed murder and depredated on their property.⁠19 The Governor replied on the sixteenth that if General Arbuckle did not give them relief he would call out a force "to clear the line of these murderers and give peace and quiet to our citizens." But he thought relief would be found in bills pending in Congress providing for the division of the Cherokee Nation.⁠20

It was now pretty well established and understood that the refugees were composed first of those interested in building up a following and fostering a division of the tribe; second, of those whose fears had been played upon and had been the innocent dupes of the first class; and a third was the criminal element some of whom finding their sanctuary in Arkansas about to be closed against them decamped for Texas. The Federal forces took possession of Fort Wayne and compelled Stand Watie and his followers to leave. Stand Watie soon afterward departed for Washington to join the delegation of his partisans there.

Maj. George Lowrey acting principal chief issued a call for a special session of the National Committee and National Council for February 3, 1846; the chief delivered a message representing that measures were on foot by the representatives of the Treaty Party "to affect materially the government and condition of the Cherokees." And with the consent of the legislative body he appointed Rev. Stephen Foreman, Clement V. McNair, member of the National Committee and John Thorn, judge of the circuit court additional members to proceed to Washington and join the delegation there for the purpose of protecting the integrity of the Cherokee Nation in its negotiation with the Federal government.⁠21 They bore with them a memorial signed by 1,676 male adult citizens addressed to the President. In it they surveyed briefly the recent lawlessness in the nation which they attributed to the  p346 bandits referred to by General Jones's commission; vouched for all that the delegation headed by John Ross represented and protested against any negotiations with private citizens — referring to Stand Watie, John Bell and others representing the Treaty Party.⁠22

The resolute and dauntless principal chief of the tribe, John Ross, was in Washington where his talents were in greater need than at home. In his place at home was the venerable Maj. George Lowrey who was perhaps overwhelmed by the disorders surrounding him. Yielding to his emotions the chief issued a proclamation announcing that "in times of national calamity and difficulty and fear, it is peculiarly becoming that both rulers and people, should humble themselves before Almighty God, the sovereign disposer of all human events, and look to him for direction in their difficulties, deliverance from their calamities and fears, and the bestowment of needed blessings — such a time is the present with the Cherokee Nation."

He designated Friday, the 6th day of March next, as a day of fasting, humiliation and prayer, throughout the nation and asked the people to meet in their respective places of worship and offer up prayers for forgiveness of the transgressions of the Cherokee people, for the restoration of health throughout the nation; that scenes of violence and blood and other civil disorders be abated.⁠23

Shortly after the delegation selected by the Treaty Party council had proceeded to Washington in the interest of the scheme to divide the tribe, another epidemic of murder and outrage broke out in the nation. On March 23, Agent McKissick reported to the Indian department the murder of Stand, a prominent member of the Ross party, by Wheeler Faught, at the instigation of the "Starr boys." This murder was committed in revenge for the killing of James Starr and others during the outbreak of the preceding November. It was followed by the murder of Cornsilk, another of Ross's adherents, by these same "Starr boys," and six days later the spirit of retaliation led to the killing of Turner, a member of the Treaty Party. On the twenty-fifth of the same month, Ellis, Dick, and Billy Starr were wounded by a band of Ross's Cherokee police, who chased them across the line of Arkansas in an attempt to arrest them for trial before the Cherokee tribunals for the murder of Too-noo-wee two days before. General Arbuckle took them under  p347 his protection, and refused to deliver them for trial to the Cherokee authorities until the latter should take proper steps to punish the police who killed James Starr. Subsequently, Baldridge and Sides, of the Ross party, were killed by Jim and Tom Starr, in revenge for which the light horse police company of the Ross government killed Billy Ryder of the Treaty Party. Early in April Ta‑ka‑to‑ka, the head of the police was killed; for his participation in this murder Faught was executed by the Ross government.

In this manner the excitement was maintained and the outrages multiplied until, August 28, Agent McKissick reported that since the first of November preceding there had been an aggregate of thirty-three murders committed in the Cherokee Nation, nearly all of which were political in character.⁠24

General Arbuckle and the governor of Arkansas both concurred in the conclusion reached at the council of the Old Settlers and Treaty Party and urged the authorities at Washington to carry into effect their scheme to divide the Cherokee Nation. Delegations were appointed to go to Washington and present their views; the Treaty Party delegation reached Washington early in April, 1846; it was composed of George W. Adair, John A. Bell, Joseph Lynch, Bryce Martin, and Ezekiel Starr.⁠25 Stand Watie joined the delegation later having remained at Fort Wayne in command of his followers fortified there until ordered by the army officers to disperse. Soon the Old Settlers and Ross faction or established government were also represented in Washington.⁠26

 p348  The delegations presented their conflicting claims and views to the commissioner of Indian affairs and the President. The commissioner on March 13 submitted to the secretary of war an extended and carefully prepared report that represented the views of the administration. It justified the acts and grievances of the Treaty and Old Settler parties and recommended a division of the Cherokee tribe as prayed by these two factions. It placed all the blame for the situation on John Ross and "his extraordinary influence over his infatuated party." It pursued and relied on the fallacy that the act of union of 1839 was "not entitled to consideration, for that act cannot justly be regarded as valid or binding, because as has been stated, its stipulations and the inducements held out to the western Cherokees to enter into it have not been and never can be fulfilled. . . . Thus commenced the discussions between the parties, and several efforts to form a union between them entirely failed." History has exposed the error of these statements for the act of union thus attempted to be cast aside became the keystone in the arch upon which the Cherokee tribe flourished through the remainder of its tribal history. Notwithstanding the dictum of this mouthpiece of the administration, the tribe was in fact united under the act of union devised by John Ross and his followers and this document stands a monument to this most determined, patient, and patriotic Indian leader.

In line with the recommendation of the commissioner, President Polk on April 13, 1846, submitted a special message to Congress recommending legislation either dividing the Cherokee country between the opposing factions or providing a new home for one or the other of them,⁠27 so that they should be separated and live under governments as distinct tribes. "These measures," he said, "are the only means of arresting the horrid and inhuman massacres which have marked the history of the Cherokees for the last few years, and especially for the last few months. . . . I am satisfied that there is no probability that the different bands or parties into which it is divided can ever again live  p349 together in peace and harmony; and that the well-being of the whole requires that they should be separated and live under separate governments as distinct people."

After much discussion the House committee on Indian affairs on June 2 introduced a bill authorizing a division of the Cherokee Nation, one part to be occupied by the Old Settlers and Treaty Party, and the other by the "Ross Party." This was indeed a critical period in the history of the Cherokee Nation. Only a little more than a year before, the report had been made to the secretary of war by the president's commission. The veteran adjutant general of the army, the head of the commission was in no way connected with the factions in the tribe; the other two members Mason and Butler had served for years in the Cherokee country and had a first‑hand knowledge of what had transpired there. This, the only commission sent to the Cherokee country, made an exhaustive report based on a large mass of evidence heard by them.

Under the succeeding Polk administration the new secretary of war, William L. Marcy, ignored the report of the commission, espoused the claims and pretensions of the dissident factions; on their statements and without hearing evidence or pursuing any investigation the secretary assumed as true the charge by General Arbuckle, and maintained a truculent attitude towards John Ross and all he stood for. Ross and his delegation bitterly opposed the legislation presented by the administration and it is indeed a tribute to the indomitable and dogged persistence of this Cherokee statesman, as well as to his skill and powers of persuasion, that they were able to defeat the measure. In its place commissioners were appointed to hear and investigate the contentions of the conflicting factions and their findings were incorporated in a new treaty enacted August 6, 1846,⁠28 an achievement for which Ross had been contending ever since 1839. This treaty adjusted the whole field of unsettled claims and dissension. It undertook to settle all matters in controversy between the Cherokee tribe and the Government and between the factions of the tribe; and was probably all that saved the Indians from a much worse condition.

In the first place the treaty determined that the lands occupied by the tribe belonged to all the members, and that a patent for the same  p350 should be issued to the tribe, and thus disposed of the contention of the Old Settlers that it belonged to them alone. Party distinctions were obliterated, a general amnesty was declared, and all offences and crimes against the Cherokee Nation and individuals thereof by citizens of the tribe were pardoned, this amnesty to extend to all who would return to the Cherokee Nation on or before December 1, 1846. All members of the tribe residing without the Nation were invited to return to their homes and live in peace. It was agreed that all factions would join in upholding and enforcing the laws of the Nation against all future offenders. Laws would be passed for the protection of all and authority given for any faction peaceably to assemble for the purpose of petitioning for the redress of grievances. All armed police, light horse, and other "military organizations" were to be abolished and the laws enforced by the civil authority alone, whatever that may have meant.

It was admitted that the Government had made large payments to individual claimants for spoliation, had paid other large sums for various purposes and had improperly charged them against the $5,000,000 consideration agreed upon for their lands in the East. And for this it was agreed that the Government would make restitution. This was a vindication of the claims long urged by the Indians that had kept delegations at great expense in Washington seeking adjustment from administrations that had stubbornly resisted them. Per capita payments, long solicited by the Indians, were thus provided for and another contention was put at rest. An allowance was made to the Treaty Party for losses suffered by them including $5,000 to the heirs of Major Ridge, and equal amounts to the heirs of John Ridge and Elias Boudinot.

In all, a multitude of claims and points of controversy growing out of the Treaty of 1835 and arising since then, that had kept the Indians in a ferment of rancor and unrest with the Government and with each other, were adjusted, thus opening the way to a return to order and peace in the tribe.

The period of active political disturbances and civil disorder seemed now drawing to a close, and the tribe entered upon a new era of prosperity and tribal achievement. Little of substance remained of the old quarrels. But the smoldering heart burnings, bitter memories and jealousies cherished by the politically disappointed minority could not be so soon forgotten, and lived to burst into flame with the outbreak  p351 of the Civil War, when the tribe was rent again along the line of cleavage produced by the ignoble artifice employed by the Government agents who negotiated the fraudulent "treaty" of New Echota in 1835; when the leaders of the Treaty Party among whom white blood predominated, were found on the side of the Confederacy.

A period in their unhappy political distractions having been achieved by the Treaty of 1846, we may now consider other phases of Cherokee history.

---

The Author's Notes:

1 Cherokee Advocate, November 6, 1845, p3, col. 1. Meigs was married to Jane the daughter of Chief John Ross.

2 Ibid., November 13, 1845, p3, col. 1.

3 Ibid., November 27, 1845, p3, col. 1.

4 United States Senate Document No. 298, Twenty-ninth Congress, first session, p166.

5 Boone to Arbuckle, Report, November 27, 1845, AGO, OFD, 193 A 45.

6 Cherokee Advocate, November 27, 1845, p3, col. 5.

7 Arbuckle to adjutant general, December 12, 1845, AGO, OFD, 203 A 45.

8 Cherokee Advocate, January 29, 1846, p3, col. 2.

9 Arbuckle to adjutant general, January 14, 1846, AGO, OFD, 19 A 45.

10 United States Senate Document No. 301, Twenty-ninth Congress, first session, p7.

11 Arkansas Intelligencer, January 17, 1846, p2, col. 1.

12 The trial of Archilla Smith as reported by John Howard Payne was recently published; see Grant Foreman, Indian Justice (Oklahoma City, 1934).

13 Cherokee Advocate, January 8, 1846, p3, col. 3.

14 Bonneville to quartermaster general, February 5, 1846, QMG, Book 26, No. 129.

15 Cherokee Advocate, December 25, 1845, p3, col. 1.

16 United States Senate Document No. 331, Twenty-ninth Congress, first session.

17 Arkansas Advocate, February 5, 1846, p3, col. 3.

18 Ibid., col. 2.

19 Cherokee Advocate, March 26, 1846, p3, col. 2.

20 Ibid., April 2, 1846, p3, col. 2.

21 Ibid., February 5, 1846, p3, col. 2.

22 United States Senate Document No. 331, Twenty-ninth Congress, first session.

23 Cherokee Advocate, February 5, 1846, p3, col. 1.

24 Charles C. Royce, "The Cherokee Nation of Indians": Report of the Bureau of American Ethnology for 1887, p303.

25 Stand Watie remained at Fort Wayne where his service as commander probably impressed those who were acquainted with it and developed qualities of leader­ship that singled him out for high command in the Confederate army when the Civil War involved his tribe. George Starr a brother of James Starr was married to Nancy, daughter of John Bell and a sister of John A. Bell, March 5, 1840 (Arkansas Gazette, March 18, 1840, p3, col. 5).

26 While in Washington on this delegation, Capt. John Rogers died and his funeral was held from Mrs. Eugene A. Townley's boarding house June 13, 1846 (John Brown to Medill, June 13, 1846, OIA; Arkansas Intelligencer, July 4, 1846, p3, col. 1). Ezekiel Starr a member of the Treaty Party delegation also died in Washington (ibid., May 2, 1846, p2, col. 1). Capt. John Looney died in Washington May 15, 1846, at the age of seventy years, and was buried in the Congressional Cemetery the next day. Though he was one of the Old Settlers, he was a member of the Ross delegation. He was a nephew of the celebrated chief Enolee or Black Fox. He fought under Jackson against the Creeks and at the battle of Talledega received a severe gunshot wound, for which he was allowed a pension for life (ibid., June 26, 1846, p1, col. 4). Joel M. Bryan was a member of the Old Settler delegation and with the other delegates boarded at Mrs. Townley's boarding house for $8.00 a week. Bluford West who was a fugitive or refugee from the Cherokee Nation died in Washington of pneumonia on April 2, 1845.

27 James D. Richardson, Messages of the Presidents, IV, 429.

28 Kappler, op. cit., II, 415.

---

Thayer's Note:

a Foreman had it right the first time; Bonneville had been a major since July 15, 1845.

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