Chapter IX: Part 9

He died, aged about eighty, in April, 1839, within a year after the Removal. Shortly before the end he had himself carried into the townhouse on Soco, of which he had supervised the building, where, extended on a couch, he made a last talk to his people, commending Thomas to them as their chief and again warning them earnestly against ever leaving their own country. Then wrapping his blanket around him, he quietly lay back and died. He was buried beside Soco, about a mile below the old Macedonia mission, with a rude mound of stones to mark the spot. He left two wives and considerable property, including an old negro slave named Cudjo, who was devotedly attached to him. One of his daughters, Katâ'lsta, still survives, and is the last conservator of the potter's art among the East Cherokee. [415]

Yonaguska had succeeded in authority to Yane'gwa, "Big-bear," who appears to have been of considerable local prominence in his time, but whose name, even with the oldest of the band, is now but a memory. He was among the signers of the treaties of 1798 and 1805, and by the treaty of 1819 was confirmed in a reservation of 640 acres as one of those living within the ceded territory who were "believed to be persons of industry and capable of managing their property with discretion," and who had made considerable improvements on the tracts reserved. This reservation, still known as the Big-bear farm, was on the western bank of Oconaluftee, a few miles above its mouth, and appears to have been the same afterward occupied by Yonaguska. [416]

Another of the old notables among the East Cherokee was Tsunu'lahûñ'ski, corrupted by the whites to Junaluska, a great warrior, from whom the ridge west of Waynesville takes its name. In early life he was known as Gûl'`kala'ski. [417] On the outbreak of the Creek war in 1813 he raised a party of warriors to go down, as he boasted, "to exterminate the Creeks." Not meeting with complete success, he announced the result, according to the Cherokee custom, at the next dance after his return in a single word, detsinu'lahûñgû', "I tried, but could not," given out as a cue to the song leader, who at once took it as the burden of his song. Thenceforth the disappointed warrior was known as Tsunu'lahûñ'ski, "One who tries, but fails." He distinguished himself at the Horseshoe bend, where the action of the Cherokee decided the battle in favor of Jackson's army, and was often heard to say after the removal: "If I had known that Jackson would drive us from our homes, I would have killed him that day at the Horseshoe." He accompanied the exiles of 1838, but afterward returned to his old home; he was allowed to remain, and in recognition of his services the state legislature, by special act, in 1847 conferred upon him the right of citizenship and granted to him a tract of land in fee simple, but without power of alienation. [418] This reservation was in the Cheowa Indian settlement, near the present Robbinsville, in Graham county, where he died about the year 1858. His grave is still to be seen just outside of Robbinsville.

As illustrative of his shrewdness it is told that he once tracked a little Indian girl to Charleston, South Carolina, where she had been carried by kidnappers and sold as a slave, and regained her freedom by proving, from expert microscopic examination, that her hair had none of the negro characteristics. [419]

Christianity was introduced among the Kituhwa Cherokee shortly before the Removal through Worcester and Boudinot's translation of Matthew, first published at New Echota in 1829. In the absence of missionaries the book was read by the Indians from house to house. After the Removal a Methodist minister, Reverend Ulrich Keener, began to make visits for preaching at irregular intervals, and was followed several years later by Baptist workers. [420]

In the fall of 1839 the Commissioner of Indian Affairs reported that the East Cherokee had recently expressed a desire to join their brethren in the West, but had been deterred from so doing by the unsettled condition of affairs in the Territory. He states that "they have a right to remain or to go," but that as the interests of others are involved in their decision they should decide without delay. [421]

In 1840 about one hundred Catawba, nearly all that were left of the tribe, being dissatisfied with their condition in South Carolina, moved up in a body and took up their residence with the Cherokee. Latent tribal jealousies broke out, however, and at their own request negotiations were begun in 1848, through Thomas and others, for their removal to Indian Territory. The effort being without result, they soon after began to drift back to their own homes, until, in 1852, there were only about a dozen remaining among the Cherokee. In 1890 only one was left, an old woman, the widow of a Cherokee husband. She and her daughter, both of whom spoke the language, were expert potters according to the Catawba method, which differs markedly from that of the Cherokee. There are now two Catawba women, both married to Cherokee husbands, living with the tribe, and practicing their native potter's art. While residing among the Cherokee, the Catawba acquired a reputation as doctors and leaders of the dance. [422]

On August 6, 1846, a treaty was concluded at Washington with the representatives of the Cherokee Nation west by which the rights of the East Cherokee to a participation in the benefits of the New Echota treaty of 1835 were distinctly recognized, and provision was made for a final adjustment of all unpaid and pending claims due under that treaty. The right claimed by the East Cherokee to participate in the benefits of the New Echota treaty, although not denied by the government, had been held to be conditional upon their removal to the West. [423]

In the spring of 1848 the author, Lanman, visited the East Cherokee and has left an interesting account of their condition at the time, together with a description of their ballplays, dances, and customs generally, having been the guest of Colonel Thomas, of whom he speaks as the guide, counselor, and friend of the Indians, as well as their business agent and chief, so that the connection was like that existing between a father and his children. He puts the number of Indians at about 800 Cherokee and 100 Catawba on the "Qualla town" reservation--the name being in use thus early--with 200 more Indians residing in the more westerly portion of the state. Of their general condition he says:

About three-fourths of the entire population can read in their own
language, and, though the majority of them understand English, a
very few can speak the language. They practice, to a considerable
extent, the science of agriculture, and have acquired such a
knowledge of the mechanic arts as answers them for all ordinary
purposes, for they manufacture their own clothing, their own
ploughs, and other farming utensils, their own axes, and even
their own guns. Their women are no longer treated as slaves, but
as equals; the men labor in the fields and their wives are devoted
entirely to household employments. They keep the same domestic
animals that are kept by their white neighbors, and cultivate all
the common grains of the country. They are probably as temperate
as any other class of people on the face of the earth, honest
in their business intercourse, moral in their thoughts, words,
and deeds, and distinguished for their faithfulness in performing
the duties of religion. They are chiefly Methodists and Baptists,
and have regularly ordained ministers, who preach to them on every
Sabbath, and they have also abandoned many of their mere senseless
superstitions. They have their own court and try their criminals
by a regular jury. Their judges and lawyers are chosen from among
themselves. They keep in order the public roads leading through
their settlement. By a law of the state they have a right to vote,
but seldom exercise that right, as they do not like the idea of
being identified with any of the political parties. Excepting
on festive days, they dress after the manner of the white man,
but far more picturesquely. They live in small log houses of
their own construction, and have everything they need or desire
in the way of food. They are, in fact, the happiest community
that I have yet met with in this southern country. [424]

Among the other notables Lanman speaks thus of Salâ'li, "Squirrel," a born mechanic of the band, who died only a few years since:

He is quite a young man and has a remarkably thoughtful face. He
is the blacksmith of his nation, and with some assistance supplies
the whole of Qualla town with all their axes and plows; but what
is more, he has manufactured a number of very superior rifles and
pistols, including stock, barrel, and lock, and he is also the
builder of grist mills, which grind all the corn which his people
eat. A specimen of his workmanship in the way of a rifle may be
seen at the Patent Office in Washington, where it was deposited
by Mr. Thomas; and I believe Salola is the first Indian who ever
manufactured an entire gun. But when it is remembered that he never
received a particle of education in any of the mechanic arts but
is entirely self-taught, his attainments must be considered truly
remarkable. [425]

On July 29, 1848, Congress approved an act for taking a census of all those Cherokee who had remained in North Carolina after the Removal, and who still resided east of the Mississippi, in order that their share of the "removal and subsistence fund" under the New Echota treaty might be set aside for them. A sum equivalent to $53.33-1/3 was at the same time appropriated for each one, or his representative, to be available for defraying the expenses of his removal to the Cherokee Nation west and subsistence there for one year whenever he should elect so to remove. Any surplus over such expense was to be paid to him in cash after his arrival in the west. The whole amount thus expended was to be reimbursed to the Government from the general fund to the credit of the Cherokee Nation under the terms of the treaty of New Echota. In the meantime it was ordered that to each individual thus entitled should be paid the accrued interest on this per capita sum from the date of the ratification of the New Echota treaty (May 23, 1836), payment of interest at the same rate to continue annually thereafter. [426] In accordance with this act a census of the Cherokee then residing in North Carolina, Tennessee, and Georgia, was completed in the fall of 1848 by J. C. Mullay, making the whole number 2,133. On the basis of this enrollment several payments were made to them by special agents within the next ten years, one being a per-capita payment by Alfred Chapman in 1851-52 of unpaid claims arising under the treaty of New Echota and amounting in the aggregate to $197,534.50, the others being payments of the annual interest upon the "removal and subsistence fund" set apart to their credit in 1848. In the accomplishment of these payments two other enrollments were made by D. W. Siler in 1851 and by Chapman in 1852, the last being simply a corrected revision of the Siler roll, and neither varying greatly from the Mullay roll. [427]

Upon the appointment of Chapman to make the per capita payment above mentioned, the Cherokee Nation west had filed a protest against the payment, upon the double ground that the East Cherokee had forfeited their right to participation, and furthermore that their census was believed to be enormously exaggerated. As a matter of fact the number first reported by Mullay was only 1,517, to which so many were subsequently added as to increase the number by more than 600. [428] A census taken by their agent, Colonel Thomas, in 1841, gave the number of East Cherokee (possibly only those in North Carolina intended) as 1,220, [429] while a year later the whole number residing in North Carolina, Tennessee, Alabama, and Georgia was officially estimated at from 1,000 to 1,200. [430] It is not the only time a per capita payment has resulted in a sudden increase of the census population.

In 1852 (Capt.) James W. Terrell was engaged by Thomas, then in the state senate, to take charge of his store at Qualla, and remained associated with him and in close contact with the Indians from then until after the close of the war, assisting, as special United States agent, in the disbursement of the interest payments, and afterward as a Confederate officer in the organization of the Indian companies, holding a commission as captain of Company A, Sixty-ninth North Carolina Confederate infantry. Being of an investigating bent, Captain Terrell was led to give attention to the customs and mythology of the Cherokee, and to accumulate a fund of information on the subject seldom possessed by a white man. He still resides at Webster, a few miles from the reservation, and is now seventy-one years of age.

In 1855 Congress directed the per capita payment to the East Cherokee of the removal fund established for them in 1848, provided that North Carolina should first give assurance that they would be allowed to remain permanently in that state. This assurance, however, was not given until 1866, and the money was therefore not distributed, but remained in the treasury until 1875, when it was made applicable to the purchase of lands and the quieting of titles for the benefit of the Indians. [431]

From 1855 until after the civil war we find no official notice of the East Cherokee, and our information must be obtained from other sources. It was, however, a most momentous period in their history. At the outbreak of the war Thomas was serving his seventh consecutive term in the state senate. Being an ardent Confederate sympathizer, he was elected a delegate to the convention which passed the secession ordinance, and immediately after voting in favor of that measure resigned from the senate in order to work for the southern cause. As he was already well advanced in years it is doubtful if his effort would have gone beyond the raising of funds and other supplies but for the fact that at this juncture an effort was made by the Confederate General Kirby Smith to enlist the East Cherokee for active service.

The agent sent for this purpose was Washington Morgan, known to the Indians as Â'ganstâ'ta, son of that Colonel Gideon Morgan who had commanded the Cherokee at the Horseshoe bend. By virtue of his Indian blood and historic ancestry he was deemed the most fitting emissary for the purpose. Early in 1862 he arrived among the Cherokee, and by appealing to old-time memories so aroused the war spirit among them that a large number declared themselves ready to follow wherever he led. Conceiving the question at issue in the war to be one that did not concern the Indians, Thomas had discouraged their participation in it and advised them to remain at home in quiet neutrality. Now, however, knowing Morgan's reputation for reckless daring, he became alarmed at the possible result to them of such leadership. Forced either to see them go from his own protection or to lead them himself, he chose the latter alternative and proposed to them to enlist in the Confederate legion which he was about to organize. His object, as he himself has stated, was to keep them out of danger so far as possible by utilizing them as scouts and home guards through the mountains, away from the path of the large armies. Nothing of this was said to the Indians, who might not have been satisfied with such an arrangement. Morgan went back alone and the Cherokee enrolled under the command of their white chief. [432]

The "Thomas Legion," recruited in 1862 by William H. Thomas for the Confederate service and commanded by him as colonel, consisted originally of one infantry regiment of ten companies (Sixty-ninth North Carolina Infantry), one infantry battalion of six companies, one cavalry battalion of eight companies (First North Carolina Cavalry Battalion), one field battery (Light Battery) of 103 officers and men, and one company of engineers; in all about 2,800 men. The infantry battalion was recruited toward the close of the war to a full regiment of ten companies. Companies A and B of the Sixty-ninth regiment and two other companies of the infantry regiment recruited later were composed almost entirely of East Cherokee Indians, most of the commissioned officers being white men. The whole number of Cherokee thus enlisted was nearly four hundred, or about every able-bodied man in the tribe. [433]

In accordance with Thomas's plan the Indians were employed chiefly as scouts and home guards in the mountain region along the Tennessee-Carolina border, where, according to the testimony of Colonel Stringfield, "they did good work and service for the South." The most important engagement in which they were concerned occurred at Baptist gap, Tennessee, September 15, 1862, where Lieutenant Astu'gatâ'ga, "a splendid specimen of Indian manhood," was killed in a charge. The Indians were furious at his death, and before they could be restrained they scalped one or two of the Federal dead. For this action ample apologies were afterward given by their superior officers. The war, in fact, brought out all the latent Indian in their nature. Before starting to the front every man consulted an oracle stone to learn whether or not he might hope to return in safety. The start was celebrated with a grand old-time war dance at the townhouse on Soco, and the same dance was repeated at frequent intervals thereafter, the Indians being "painted and feathered in good old style," Thomas himself frequently assisting as master of ceremonies. The ballplay, too, was not forgotten, and on one occasion a detachment of Cherokee, left to guard a bridge, became so engrossed in the excitement of the game as to narrowly escape capture by a sudden dash of the Federals. Owing to Thomas's care for their welfare, they suffered but slightly in actual battle, although a number died of hardship and disease. When the Confederates evacuated eastern Tennessee, in the winter of 1863-64, some of the white troops of the legion, with one or two of the Cherokee companies, were shifted to western Virginia, and by assignment to other regiments a few of the Cherokee were present at the final siege and surrender of Richmond. The main body of the Indians, with the rest of the Thomas Legion, crossed over into North Carolina and did service protecting the western border until the close of the war, when they surrendered on parole at Waynesville, North Carolina, in May, 1865, all those of the command being allowed to keep their guns. It is claimed by their officers that they were the last of the Confederate forces to surrender. About fifty of the Cherokee veterans still survive, nearly half of whom, under conduct of Colonel Stringfield, attended the Confederate reunion at Louisville, Kentucky, in 1900, where they attracted much attention. [434]

In 1863, by resolution of February 12, the Confederate House of Representatives called for information as to the number and condition of the East Cherokee, and their pending relations with the Federal government at the beginning of the war, with a view to continuing these relations under Confederate auspices. In response to this inquiry a report was submitted by the Confederate commissioner of Indian affairs, S. S. Scott, based on information furnished by Colonel Thomas and Captain James W. Terrell, their former disbursing agent, showing that interest upon the "removal and subsistence fund" established in 1848 had been paid annually up to and including the year 1859, at the rate of $3.20 per capita, or an aggregate, exclusive of disbursing agent's commission, of $4,838.40 annually, based upon the original Mullay enumeration of 1,517.

Upon receipt of this report it was enacted by the Confederate congress that the sum of $19,352.36 be paid the East Cherokee to cover the interest period of four years from May 23, 1860, to May 23, 1864. In this connection the Confederate commissioner suggested that the payment be made in provisions, of which the Indians were then greatly in need, and which, if the payment were made in cash, they would be unable to purchase, on account of the general scarcity. He adds that, according to his information, almost every Cherokee capable of bearing arms was then in the Confederate service. The roll furnished by Captain Terrell is the original Mullay roll corrected to May, 1860, no reference being made to the later Mullay enumeration (2,133), already alluded to. There is no record to show that the payment thus authorized was made, and as the Confederate government was then in hard straits it is probable that nothing further was done in the matter.

In submitting his statement of previous payments, Colonel Thomas, their former agent, adds:

As the North Carolina Cherokees have, like their brethren west,
taken up arms against the Lincoln government, it is not probable
that any further advances of interest will be made by that
government to any portion of the Cherokee tribe. I also enclose a
copy of the act of July 29, 1848, so far as relates to the North
Carolina Cherokees, and a printed explanation of their rights,
prepared by me in 1851, and submitted to the attorney-general,
and his opinion thereon, which may not be altogether uninteresting
to those who feel an interest in knowing something of the history
of the Cherokee tribe of Indians, whose destiny is so closely
identified with that of the Southern Confederacy. [435]

In a skirmish near Bryson City (then Charleston), Swain county, North Carolina, about a year after enlistment, a small party of Cherokee--perhaps a dozen in number--was captured by a detachment of Union troops and carried to Knoxville, where, having become dissatisfied with their experience in the Confederate service, they were easily persuaded to go over to the Union side. Through the influence of their principal man, Digane'ski, several others were induced to desert to the Union army, making about thirty in all. As a part of the Third North Carolina Mounted Volunteer Infantry, they served with the Union forces in the same region until the close of the war, when they returned to their homes to find their tribesmen so bitterly incensed against them that for some time their lives were in danger. Eight of these are still alive in 1900. [436]

One of these Union Cherokee had brought back with him the smallpox from an infected camp near Knoxville. Shortly after his return he became sick and soon died. As the characteristic pustules had not appeared, the disease seeming to work inwardly, the nature of his sickness was not at first suspected--smallpox having been an unknown disease among the Cherokee for nearly a century--and his funeral was largely attended. A week later a number of those who had been present became sick, and the disease was recognized by Colonel Thomas as smallpox in all its virulence. It spread throughout the tribe, this being in the early spring of 1866, and in spite of all the efforts of Thomas, who brought a doctor from Tennessee to wait upon them, more than one hundred of the small community died in consequence. The fatal result was largely due to the ignorance of the Indians, who, finding their own remedies of no avail, used the heroic aboriginal treatment of the plunge bath in the river and the cold-water douche, which resulted in death in almost every case. Thus did the war bring its harvest of death, misery, and civil feud to the East Cherokee. [437]

Shortly after this event Colonel Thomas was compelled by physical and mental infirmity to retire from further active participation in the affairs of the East Cherokee, after more than half a century spent in intimate connection with them, during the greater portion of which time he had been their most trusted friend and adviser. Their affairs at once became the prey of confusion and factional strife, which continued until the United States stepped in as arbiter.

In 1868 Congress ordered another census of the East Cherokee, to serve as a guide in future payments, the roll to include only those persons whose names had appeared upon the Mullay roll of 1848 and their legal heirs and representatives. The work was completed in the following year by S. H. Sweatland, and a payment of interest then due under former enactment was made by him on this basis. [438] "In accordance with their earnestly expressed desire to be brought under the immediate charge of the government as its wards," the Congress which ordered this last census directed that the Commissioner of Indian Affairs should assume the same charge over the East Cherokee as over other tribes, but as no extra funds were made available for the purpose the matter was held in abeyance. [439] An unratified treaty made this year with the Cherokee Nation west contained a stipulation that any Cherokee east of the Mississippi who should remove to the Cherokee nation within three years should be entitled to full citizenship and privileges therein, but after that date could be admitted only by act of the Cherokee national council. [440]

After the retirement of Thomas, in the absence of any active governmental supervision, need was felt of some central authority. On December 9, 1868, a general council of the East Cherokee assembled at Cheowa, in Graham county, North Carolina, took preliminary steps toward the adoption of a regular form of tribal government under a constitution. N. J. Smith, afterward principal chief, was clerk of the council. The new government was formally inaugurated on December 1, 1870. It provided for a first and a second chief to serve for a term of two years, minor officers to serve one year, and an annual council representing each Cherokee settlement within the state of North Carolina. Kâ'lahû', "All-bones," commonly known to the whites as Flying-squirrel or Sawnook (Sawanu'gi), was elected chief. A new constitution was adopted five years later, by which the chief's term of office was fixed at four years. [441]

The status of the lands held by the Indians had now become a matter of serious concern, As has been stated, the deeds had been made out by Thomas in his own name, as the state laws at that time forbade Indian ownership of real estate. In consequence of his losses during the war and his subsequent disability, the Thomas properties, of which the Cherokee lands were technically a part, had become involved, so that the entire estate had passed into the hands of creditors, the most important of whom, William Johnston, had obtained sheriff's deeds in 1869 for all of these Indian lands under three several judgments against Thomas, aggregating $33,887.11. To adjust the matter so as to secure title and possession to the Indians, Congress in 1870 authorized suit to be brought in their name for the recovery of their interest. This suit was begun in May, 1873, in the United States circuit court for western North Carolina. A year later the matters in dispute were submitted by agreement to a board of arbitrators, whose award was confirmed by the court in November, 1874.

The award finds that Thomas had purchased with Indian funds a tract estimated to contain 50,000 acres on Oconaluftee river and Soco creek, and known as the Qualla boundary, together with a number of individual tracts outside the boundary; that the Indians were still indebted to Thomas toward the purchase of the Qualla boundary lands for the sum of $18,250, from which should be deducted $6,500 paid by them to Johnston to release titles, with interest to date of award, making an aggregate of $8,486, together with a further sum of $2,478, which had been intrusted to Terrell, the business clerk and assistant of Thomas, and by him turned over to Thomas, as creditor of the Indians, under power of attorney, this latter sum, with interest to date of award, aggregating $2,697.89; thus leaving a balance due from the Indians to Thomas or his legal creditor, Johnston, of $7,066.11. The award declares that on account of the questionable manner in which the disputed lands had been bought in by Johnston, he should be allowed to hold them only as security for the balance due him until paid, and that on the payment of the said balance of $7,066.11, with interest at 6 per cent from the date of the award, the Indians should be entitled to a clear conveyance from him of the legal title to all the lands embraced within the Qualla boundary. [442]

To enable the Indians to clear off this lien on their lands and for other purposes, Congress in 1875 directed that as much as remained of the "removal and subsistence fund" set apart for their benefit in 1848 should be used "in perfecting the titles to the lands awarded to them, and to pay the costs, expenses, and liabilities attending their recent litigations, also to purchase and extinguish the titles of any white persons to lands within the general boundaries allotted to them by the court, and for the education, improvement, and civilization of their people." In accordance with this authority the unpaid balance and interest due Johnston, amounting to $7,242.76, was paid him in the same year, and shortly afterward there was purchased on behalf of the Indians some fifteen thousand acres additional, the Commissioner of Indian Affairs being constituted trustee for the Indians. For the better protection of the Indians the lands were made inalienable except by assent of the council and upon approval of the President of the United States. The deeds for the Qualla boundary and the 15,000 acre purchase were executed respectively on October 9, 1876, and August 14, 1880. [443] As the boundaries of the different purchases were but vaguely defined, a new survey of the whole Qualla boundary and adjoining tracts was authorized. The work was intrusted to M. S. Temple, deputy United States surveyor, who completed it in 1876, his survey maps of the reservation being accepted as the official standard. [444]

The titles and boundaries having been adjusted, the Indian Office assumed regular supervision of East Cherokee affairs, and in June, 1875, the first agent since the retirement of Thomas was sent out in the person of W. C. McCarthy. He found the Indians, according to his report, destitute and discouraged, almost without stock or farming tools. There were no schools, and very few full-bloods could speak English, although to their credit nearly all could read and write their own language, the parents teaching the children. Under his authority a distribution was made of stock animals, seed wheat, and farming tools, and several schools were started. In the next year, however, the agency was discontinued and the educational interests of the band turned over to the state school superintendent. [445]

In the meantime Kâ'lahû' had been succeeded as chief by Lloyd R. Welch (Da'si`giya'gi), an educated mixed-blood of Cheowa, who served about five years, dying shortly after his reelection to a second term (48). He made a good record by his work in reconciling the various factions which had sprung up after the withdrawal of the guiding influence of Thomas, and in defeating the intrigues of fraudulent white claimants and mischief makers. Shortly before his death the Government, through Special Agent John A. Sibbald, recognized his authority as principal chief, together with the constitution which had been adopted by the band under his auspices in 1875. N. J. Smith (Tsa'ladihi'), who had previously served as clerk of the council, was elected to his unexpired term and continued to serve until the fall of 1890. [446]

We find no further official notice of the East Cherokee until 1881, when Commissioner Price reported that they were still without agent or superintendent, and that so far as the Indian Office was concerned their affairs were in an anomalous and unsatisfactory condition, while factional feuds were adding to the difficulties and retarding the progress of the band. In the spring of that year a visiting delegation from the Cherokee Nation west had extended to them an urgent invitation to remove to Indian Territory and the Indian Office had encouraged the project, with the result that 161 persons of the band removed during the year to Indian Territory, the expense being borne by the Government. Others were represented as being desirous to remove, and the Commissioner recommended an appropriation for the purpose, but as Congress failed to act the matter was dropped. [447]

The neglected condition of the East Cherokee having been brought to the attention of those old-time friends of the Indian, the Quakers, through an appeal made in their behalf by members of that society residing in North Carolina, the Western Yearly Meeting, of Indiana, volunteered to undertake the work of civilization and education. On May 31, 1881, representatives of the Friends entered into a contract with the Indians, subject to approval by the Government, to establish and continue among them for ten years an industrial school and other common schools, to be supported in part from the annual interest of the trust fund held by the Government to the credit of the East Cherokee and in part by funds furnished by the Friends themselves. Through the efforts of Barnabas C. Hobbs, of the Western Yearly Meeting, a yearly contract to the same effect was entered into with the Commissioner of Indian Affairs later in the same year, and was renewed by successive commissioners to cover the period of ten years ending June 30, 1892, when the contract system was terminated and the Government assumed direct control. Under the joint arrangement, with some aid at the outset from the North Carolina Meeting, work was begun in 1881 by Thomas Brown with several teachers sent out by the Indiana Friends, who established a small training school at the agency headquarters at Cherokee, and several day schools in the outlying settlements. He was succeeded three years later by H. W. Spray, an experienced educator, who, with a corps of efficient assistants and greatly enlarged facilities, continued to do good work for the elevation of the Indians until the close of the contract system eight years later. [448] After an interregnum, during which the schools suffered from frequent changes, he was reappointed as government agent and superintendent in 1898, a position which he still holds in 1901. To the work conducted under his auspices the East Cherokee owe much of what they have to-day of civilization and enlightenment.

From some travelers who visited the reservation about this time we have a pleasant account of a trip along Soco and a day with Chief Smith at Yellow Hill. They describe the Indians as being so nearly like the whites in their manner of living that a stranger could rarely distinguish an Indian's cabin or little cove farm from that of a white man. Their principal crop was corn, which they ground for themselves, and they had also an abundance of apples, peaches, and plums, and a few small herds of ponies and cattle. Their wants were so few that they had but little use for money. Their primitive costume had long been obsolete, and their dress was like that of the whites, excepting that moccasins took the place of shoes, and they manufactured their own clothing by the aid of spinning-wheels and looms. Finely cut pipes and well-made baskets were also produced, and the good influence of the schools recently established was already manifest in the children. [449]

In 1882 the agency was reestablished and provision was made for taking a new census of all Cherokee east of the Mississippi, Joseph G. Hester being appointed to the work. [450] The census was submitted as complete in June, 1884, and contained the names of 1,881 persons in North Carolina, 758 in Georgia, 213 in Tennessee, 71 in Alabama, and 33 scattering, a total of 2,956. [451] Although this census received the approval and certificate of the East Cherokee council, a large portion of the band still refuse to recognize it as authoritative, claiming that a large number of persons therein enrolled have no Cherokee blood.

The East Cherokee had never ceased to contend for a participation in the rights and privileges accruing to the western Nation under treaties with the Government. In 1882 a special agent had been appointed to investigate their claims, and in the following year, under authority of Congress, the eastern band of Cherokee brought suit in the Court of Claims against the United States and the Cherokee Nation west to determine its rights in the permanent annuity fund and other trust funds held by the United States for the Cherokee Indians. [452] The case was decided adversely to the eastern band, first by the Court of Claims in 1885, [453] and finally, on appeal, by the Supreme Court on March 1, 1886, that court holding in its decision that the Cherokee in North Carolina had dissolved their connection with the Cherokee Nation and ceased to be a part of it when they refused to accompany the main body at the Removal, and that if Indians in North Carolina or in any state east of the Mississippi wished to enjoy the benefits of the common property of the Cherokee Nation in any form whatever they must be readmitted to citizenship in the Cherokee Nation and comply with its constitution and laws. In accordance with this decision the agent in the Indian territory was instructed to issue no more residence permits to claimants for Cherokee citizenship, and it was officially announced that all persons thereafter entering that country without consent of the Cherokee authorities would be treated as intruders. [454] This decision, cutting off the East Cherokee from all hope of sharing in any of the treaty benefits enjoyed by their western kinsmen, was a sore disappointment to them all, especially to Chief Smith, who had worked unceasingly in their behalf from the institution of the proceedings. In view of the result, Commissioner Atkins strongly recommended, as the best method of settling them in permanent homes, secure from white intrusion and from anxiety on account of their uncertain tenure and legal status in North Carolina, that negotiations be opened through government channels for their readmission to citizenship in the Cherokee Nation, to be followed, if successful, by the sale of their lands in North Carolina and their removal to Indian Territory. [455]

In order to acquire a more definite legal status, the Cherokee residing in North Carolina--being practically all those of the eastern band having genuine Indian interests--became a corporate body under the laws of the state in 1889. The act, ratified on March 11, declares in its first section "That the North Carolina or Eastern Cherokee Indians, resident or domiciled in the counties of Jackson, Swain, Graham, and Cherokee, be and at the same time are hereby created and constituted a body politic and corporate under the name, style, and title of the Eastern Band of Cherokee Indians, with all the rights, franchises, privileges and powers incident and belonging to corporations under the laws of the state of North Carolina. [456]

On August 2, 1893, ex-Chief Smith died at Cherokee, in the fifty-seventh year of his life, more than twenty of which had been given to the service of his people. Nimrod Jarrett Smith, known to the Cherokee as Tsa'ladihi', was the son of a half breed father by an Indian mother, and was born near the present Murphy, Cherokee county, North Carolina, on January 3, 1837. His earliest recollections were thus of the miseries that attended the flight of the refugees to the mountains during the Removal period. His mother spoke very little English, but his father was a man of considerable intelligence, having acted as interpreter and translator for Reverend Evan Jones at the old Valleytown mission. As the boy grew to manhood he acquired a fair education, which, aided by a commanding presence, made him a person of influence among his fellows. At twenty-five years of age he enlisted in the Thomas Legion as first sergeant of Company B, Sixty-ninth North Carolina (Confederate) Infantry, and served in that capacity till the close of the war. He was clerk of the council that drafted the first East Cherokee constitution in 1868, and on the death of Principal Chief Lloyd Welch in 1880 was elected to fill the unexpired term, continuing in office by successive reelections until the close of 1891, a period of about twelve years, the longest term yet filled by an incumbent. As principal chief he signed the contract under which the school work was inaugurated in 1881. For several years thereafter his duties, particularly in connection with the suit against the western Cherokee, required his presence much of the time at Washington, while at home his time was almost as constantly occupied in attending to the wants of a dependent people. Although he was entitled under the constitution of the band to a salary of five hundred dollars per year, no part of this salary was ever paid, because of the limited resources of his people, and only partial reimbursement was made to him, shortly before his death, for expenses incurred in official visits to Washington. With frequent opportunities to enrich himself at the expense of his people, he maintained his honor and died a poor man.

In person Chief Smith was a splendid specimen of physical manhood, being six feet four inches in height and built in proportion, erect in figure, with flowing black hair curling down over his shoulders, a deep musical voice, and a kindly spirit and natural dignity that never failed to impress the stranger. His widow--a white woman--and several children survive him. [457]

In 1894 the long-standing litigation between the East Cherokee and a number of creditors and claimants to Indian lands within and adjoining the Qualla boundary was finally settled by a compromise by which the several white tenants and claimants within the boundary agreed to execute a quitclaim and vacate on payment to them by the Indians of sums aggregating $24,552, while for another disputed adjoining tract of 33,000 acres the United States agreed to pay, for the Indians, at the rate of $1.25 per acre. The necessary Government approval having been obtained, Congress appropriated a sufficient amount for carrying into effect the agreement, thus at last completing a perfect and unincumbered title to all the lands claimed by the Indians, with the exception of a few outlying tracts of comparative unimportance. [458]

In 1895 the Cherokee residing in North Carolina upon the reservation and in the outlying settlements were officially reported to number 1,479. [459] A year later an epidemic of grippe spread through the band, with the result that the census of 1897 shows but 1,312, [460] among those who died at this time being Big-witch (Tskil-e'gwa), the oldest man of the band, who distinctly remembered the Creek war, and Wadi'yahi, the last old woman who preserved the art of making double-walled baskets. In the next year the population had recovered to 1,351. The description of the mode of living then common to most of the Indians will apply nearly as well to-day:

While they are industrious, these people are not progressive
farmers and have learned nothing of modern methods. The same crops
are raised continuously until the soil will yield no more or is
washed away, when new ground is cleared or broken. The value of
rotation and fertilizing has not yet been discovered or taught....

That these people can live at all upon the products of their small
farms is due to the extreme simplicity of their food, dress, and
manner of living. The typical house is of logs, is about fourteen
by sixteen feet, of one room, just high enough for the occupants
to stand erect, with perhaps a small loft for the storage of
extras. The roof is of split shingles or shakes. There is no
window, the open door furnishing what light is required. At one
end of the house is the fireplace, with outside chimney of stones
or sticks chinked with clay. The furniture is simple and cheap. An
iron pot, a bake kettle, a coffeepot and mill, small table, and a
few cups, knives, and spoons are all that is needed. These, with
one or two bedsteads, homemade, a few pillows and quilts, with
feather mattresses for winter covering, as well as for the usual
purpose, constitute the principal house possessions. For outdoor
work there is an ax, hoe, and shovel plow. A wagon or cart may be
owned, but is not essential. The outfit is inexpensive and answers
every purpose. The usual food is bean bread, with coffee. In the
fall chestnut bread is also used. Beef is seldom eaten, but pork
is highly esteemed, and a considerable number of hogs are kept,
running wild and untended in summer. [461]

By the most recent official count, in 1900, the East Cherokee residing in North Carolina under direct charge of the agent and included within the act of incorporation number 1,376, of whom about 1,100 are on the reservation, the rest living farther to the west, on Nantahala, Cheowa, and Hiwassee rivers. This does not include mixed-bloods in adjoining states and some hundreds of unrecognized claimants. Those enumerated own approximately 100,000 acres of land, of which 83,000 are included within the Qualla reservation and a contiguous tract in Jackson and Swain counties. They receive no rations or annuities and are entirely self-supporting, the annual interest on their trust fund established in 1848, which has dwindled to about $23,000, being applied to the payment of taxes upon their unoccupied common lands. From time to time they have made leases of timber, gold-washing, and grazing privileges, but without any great profit to themselves. By special appropriation the government supports an industrial training school at Cherokee, the agency headquarters, in which 170 pupils are now being boarded, clothed, and educated in the practical duties of life. This school, which in its workings is a model of its kind, owes much of its usefulness and high standing to the efficient management of Prof. H. W. Spray (Wilsini'), already mentioned, who combines the duties of superintendent and agent for the band. His chief clerk, Mr James Blythe (Diskwa'`ni, "Chestnut-bread"), a Cherokee by blood, at one time filled the position of agent, being perhaps the only Indian who has ever served in such capacity.

The exact legal status of the East Cherokee is still a matter of dispute, they being at once wards of the government, citizens of the United States, and (in North Carolina) a corporate body under state laws. They pay real estate taxes and road service, exercise the voting privilege, [462] and are amenable to the local courts, but do not pay poll tax or receive any pauper assistance from the counties; neither can they make free contracts or alienate their lands (49). Under their tribal constitution they are governed by a principal and an assistant chief, elected for a term of four years, with an executive council appointed by the chief, and sixteen councilors elected by the various settlements for a term of two years. The annual council is held in October at Cherokee, on the reservation, the proceedings being in the Cherokee language and recorded by their clerk in the Cherokee alphabet, as well as in English. The present chief is Jesse Reid (Tse'si-Ska'tsi, "Scotch Jesse"), an intelligent mixed-blood, who fills the office with dignity and ability. As a people they are peaceable and law-abiding, kind and hospitable, providing for their simple wants by their own industry without asking or expecting outside assistance. Their fields, orchards, and fish traps, with some few domestic animals and occasional hunting, supply them with food, while by the sale of ginseng and other medicinal plants gathered in the mountains, with fruit and honey of their own raising, they procure what additional supplies they need from the traders. The majority are fairly comfortable, far above the condition of most Indian tribes, and but little, if any, behind their white neighbors. In literary ability they may even be said to surpass them, as in addition to the result of nearly twenty years of school work among the younger people, nearly all the men and some of the women can read and write their own language. All wear civilized costumes, though an occasional pair of moccasins is seen, while the women find means to gratify the racial love of color in the wearing of red bandanna kerchiefs in place of bonnets. The older people still cling to their ancient rites and sacred traditions, but the dance and the ballplay wither and the Indian day is nearly spent.

III--NOTES TO THE HISTORICAL SKETCH

(1) Tribal synonymy (page 15): Very few Indian tribes are known to us under the names by which they call themselves. One reason for this is the fact that the whites have usually heard of a tribe from its neighbors, speaking other languages, before coming upon the tribe itself. Many of the popular tribal names were originally nicknames bestowed by neighboring tribes, frequently referring to some peculiar custom, and in a large number of cases would be strongly repudiated by the people designated by them. As a rule each tribe had a different name in every surrounding Indian language, besides those given by Spanish, French, Dutch, or English settlers.

Yûñ'wiya'--This word is compounded from yûñwi (person) and ya (real or principal). The assumption of superiority is much in evidence in Indian tribal names; thus, the Iroquois, Delawares, and Pawnee call themselves, respectively, Oñwe-hoñwe, Leni-lenape', and Tsariksi-tsa'riks, all of which may be rendered "men of men," "men surpassing other men," or "real men."

Kitu'hwagi--This word, which can not be analyzed, is derived from Kitu'hwa, the name of an ancient Cherokee settlement formerly on Tuckasegee river, just above the present Bryson City, in Swain county, North Carolina. It is noted in 1730 as one of the "seven mother towns" of the tribe. Its inhabitants were called Ani'-Kitu'hwagi (people of Kituhwa), and seem to have exercised a controlling influence over those of all the towns on the waters of Tuckasegee and the upper part of Little Tennessee, the whole body being frequently classed together as Ani'-Kitu'hwagi. The dialect of these towns held a middle place linguistically between those spoken to the east, on the heads of Savannah, and to the west, on Hiwassee, Cheowah, and the lower course of Little Tennessee. In various forms the word was adopted by the Delawares, Shawano, and other northern Algonquian tribes as a synonym for Cherokee, probably from the fact that the Kituhwa people guarded the Cherokee northern frontier. In the form Cuttawa it appears on the French map of Vaugondy in 1755. From a similarity of spelling, Schoolcraft incorrectly makes it a synonym for Catawba, while Brinton incorrectly asserts that it is an Algonquian term, fancifully rendered, "inhabitants of the great wilderness." Among the western Cherokee it is now the name of a powerful secret society, which had its origin shortly before the War of the Rebellion.

Cherokee--This name occurs in fully fifty different spellings. In the standard recognized form, which dates back at least to 1708, it has given name to counties in North Carolina, South Carolina, Georgia, and Alabama, within the ancient territory of the tribe, and to as many as twenty other geographic locations within the United States. In the Eastern or Lower dialect, with which the English settlers first became familiar, the form is Tsa'ragi', whence we get Cherokee. In the other dialects the form is Tsa'lagi'. It is evidently foreign to the tribe, as is frequently the case in tribal names, and in all probability is of Choctaw origin, having come up from the south through the medium of the Mobilian trade jargon. It will be noted that De Soto, whose chroniclers first use the word, in the form Chalaque, obtained his interpreters from the Gulf coast of Florida. Fontanedo, writing about the year 1575, mentions other inland tribes known to the natives of Florida under names which seem to be of Choctaw origin; for instance, the Canogacole, interpreted "wicked people," the final part being apparently the Choctaw word okla or ogula, "people", which appears also in Pascagoula, Bayou Goula, and Pensacola. Shetimasha, Atakapa, and probably Biloxi, are also Choctaw names, although the tribes themselves are of other origins. As the Choctaw held much of the Gulf coast and were the principal traders of that region, it was natural that explorers landing among them should adopt their names for the more remote tribes.