Western Scenes and Reminiscences Part 44

They must abandon the system at once. The error was gross and total.

They must abjure it. They had mistaken darkness for light; and they were now offered the light. They had wors.h.i.+pped Lucifer instead of Immanuel.

This the tribes who spread along the sh.o.r.es of the North Atlantic were told, and nothing was held back. They founded churches and established schools among them. They translated the entire Bible, and the version of David's Psalms, and the Hymns of Dr. Watts, into one of their languages.

Two types of the human race, more fully and completely antagonistical, in all respects, never came in contact on the globe. They were the alpha and omega of the ethnological chain. If, therefore, the Red Race declined, and the white increased, it was because civilisation had more of the principles of endurance and progress than barbarism; because Christianity was superior to paganism; industry to idleness; agriculture to hunting; letters to hieroglyphics; truth to error. Here lie the true secrets of the Red Men's decline.

There are but three princ.i.p.al results which, we think, the civilized world could have antic.i.p.ated for the race, at the era of the discovery.

1. They might be supposed to be subject to early extermination on the coasts, where they were found. A thousand things would lead to this, which need not be mentioned. Intemperance and idleness alone were adequate causes. 2. Philanthropists and Christians might hope to reclaim them, either in their original positions on the coasts, or in agricultural communities in adjacent parts. 3. Experience and forecast might indicate a third result, in which full success should attend neither of the foregoing plans, nor yet complete failure. There was nothing, exactly, in the known history of mankind, to guide opinion. A mixed condition of things was the most probable result. And this, it might be antic.i.p.ated, would be greatly modified by times and seasons, circ.u.mstances and localities, acting on particular tribes. Nothing less could have been expected but the decline and extinction of some tribe, whilst the removal of others, to less exposed positions, would be found to tell upon their improvement. The effects of letters and Christianity would necessarily be slow; but they were effects, which the history of discovery and civilisation, in other parts of the world, proved to be effective and practical. What was this mixed condition to eventuate in?--how long was it to continue? Were the tribes to exercise sovereign political jurisdiction over the tracts they lived on? Were they to submit to the civilized code, and if so, to the penal code only, or also to the civil? Or, if not, were they to exist by amalgamation with the European stocks, and thus contribute the elements of a new race? These, and many other questions, early arose, and were often not a little perplexing to magistrates, legislatures, and governors. It was evident the aboriginal race possessed distinctive general rights, but these existed contemporaneously, or intermixed with the rights of the discoverers. How were these separate rights to be defined? How were the weak to be protected, and the strong to be restrained, at points beyond the ordinary pale of the civil law? If a red man killed a white, without the ordinary jurisdiction of the courts, could he be seized as a criminal? And if so, were civil offences, committed without the jurisdiction of either territory, cognizable in either, or neither?

Could there be a supremacy within a supremacy? And what was the limit between State and United States laws? Such were among the topics entering into the Indian policy. It was altogether a mixed system, and like most mixed systems, it worked awkwardly, confusedly, and sometimes badly. Precedents were to be established for new cases, and these were perpetually subject to variation. Legislators, judges, and executive officers were often in doubt, and it required the wisest, shrewdest, and best men in the land to resolve these doubts, and to lay down rules, or advice, for future proceeding in relation to the Red Race. It will be sufficient to bear out the latter remark, to say, that among the sages who deemed this subject important, were a Roger Williams, a Penn, a Franklin, a Was.h.i.+ngton, a Jefferson, a Monroe, a Crawford, and a Calhoun.

It must needs have happened, that where the Saxon race went, the principles of law, justice, and freedom, must prevail. These principles, as they existed in England at the beginning of the sixteenth century, were transferred to America, with the Cavaliers, the Pilgrims, and the Quakers, precisely, as to the two first topics, as they existed at home.

Private rights were, as well secured, and public justice as well awarded here, as there. But they also brought over the aristocratic system, which was upheld by the royal governors, who were the immediate representatives of the crown. The doctrine was imprescriptible, that the fee of all public or unpatented lands was in the crown, and all inhabitants of the realm owed allegiance and fealty to the crown. This doctrine, when applied to the native tribes of America, left them neither fee-simple in the soil, nor political sovereignty over it. It cut them down to va.s.sals, but, by a legal solecism, they were regarded as a sort of free va.s.sals. So long as the royal governments remained, they had the usufruct of the public domain--the right of fis.h.i.+ng, and hunting, and planting upon it, and of doing certain other acts of occupancy; but this right ceased just as soon, and as fast, as patents were granted, or the public exigency required the domain. The native chiefs were quieted with presents from the throne, through the local officers, and their ideas of independence and control were answered by the public councils, in which friends.h.i.+ps were established, and the public tranquillity looked after. Private purchases were made from the outset, but the idea of a public treaty of purchase of the soil under the proprietary and royal governors, was not entertained before the era of William Penn.

It remained for the patriots of 1775, who set up the frame of our present government, by an appeal to arms, to award the aboriginal tribes the full proprietary right to the soil they respectively occupied, and to guarantee to them its full and free use, until such right was relinquished by treaty stipulations. So far, they were acknowledged as sovereigns. This is the first step in their political exaltation, and dates, in our records, from the respective treaties of Fort Pitt, September 17, 1778, and of Fort Stanwix, of October 22, 1784. The latter was as early after the establishment of our independence, as these tribes--the Six nations, who, with the exception of the Oneidas, sided with the parent country--could be brought to listen to the terms of peace. They were followed by the Wyandots, Delawares, and Chippewas, and Ottowas, in January, 1785; by the Cherokees, in November of the same year; and by the Choctaws and Shawnees, in January, 1786. Other western nations followed in 1789; the Creeks did not treat till 1790. And from this era, the system has been continued up to the present moment. It may be affirmed, that there is not an acre of land of the public domain of the United States, sold at the land offices, from the days of General Was.h.i.+ngton, but what has been acquired in this manner. War, in which we and they have been frequently involved, since that period, has conveyed no _territorial right_. We have conquered them, on the field, not to usurp territory, but to place them in a condition to observe how much more their interests and permanent prosperity would be, and have ever been, promoted by the plough than the sword. And there has been a prompt recurrence, at every mutation from war to peace, punctually, to that fine sentiment embraced in the _first_ article of the _first_ treaty ever made between the American government and the Indian tribes, namely, that all offences and animosities "shall be mutually forgiven, and buried in deep oblivion, and never more be had in remembrance."[46]

The first step to advance the aboriginal man to his natural and just political rights, namely, the acknowledgment of his _right to the soil_, we have mentioned; but those that were to succeed it were more difficult and complex in their bearings. Congress, from the earliest traces of their action, as they appear in their journals and public acts, confined the operation of the civil code to the territory actually acquired by negotiation, and treaties duly ratified by the Senate, and proclaimed, agreeably to the Const.i.tution, by the President. So much of this public territory as fell within the respective _State lines_, fell, by the terms of our political compact, under _State laws_, and the jurisdiction of the State courts; and as soon as new tracts of the Indian territory, thus within State boundaries, were acquired, the State laws had an exact corresponding extension until the whole of such Indian lands had been acquired. This provided a definite and clear mode of action, and if it were sometimes the subject of doubt or confliction, such perplexity arose from the great extension of the country, its spa.r.s.ely settled condition, and the haste or ignorance of local magistrates. And these difficulties were invariably removed whenever the cases came into the Supreme Court of the United States.

Without regard to the area of the States, but including and having respect only to the territories, and to the vast and unincorporated wilderness, called the "Indian country," Congress provided a _special code_ of laws, and from the first, held over this part of the Union, and holds over it now, full and complete jurisdiction. This code was designed chiefly to regulate the trade carried on at those remote points between the white and red men, to preserve the public tranquillity, and to provide for the adjudication of offences. Citizens of the United States, carrying the pa.s.sport, license, or authority of their government, are protected by their papers thus legally obtained; and the tribes are held answerable for their good treatment, and if violence occur, for their lives. No civil process, however, has efficacy in such positions; and there is no compulsory legal collection of debts, were it indeed practicable, on the Indian territories. The customs and usages of the trade and intercourse, as established from early times, prevail there. These customs are chiefly founded on the patriarchal system, which was found in vogue on the settlement of the country, and they admit of compensations and privileges founded on natural principles of equity and right. The Indian criminal code, whatever that is, also prevails there. The only exception to it arises from cases of Americans, maliciously killed within the "Indian country," the laws of Congress providing, that the aggressors should be surrendered into the hands of justice, and tried by the nearest United States courts.

These preliminary facts will exhibit some of the leading features of the mixed system alluded to. Its workings were better calculated for the early stages of society, while population was spa.r.s.e and the two races, as bodies, kept far apart, than for its maturer periods. As the intervening lands became ceded, and sold, and settled, and the tribes themselves began to put on aspects of civilisation, the discrepancies of the system, and its want of h.o.m.ogeneousness and harmony, became more apparent. Throughout the whole period of the administrations of Was.h.i.+ngton, and John Adams, and Jefferson, a period of twenty years, the low state of our population, and the great extent and unreclaimed character of the public domain, left the Indians undisturbed, and no questions of much importance occurred to test the permanency of the system as regards the welfare of the Indians. Mr. Jefferson foresaw, however, the effect of encroachments beyond the Ohio, and with an enlightened regard for the race and their civilisation, prepared a new and consolidated code of all prior acts, with some salutary new provisions, which had the effect to systematize the trade and intercourse, and more fully to protect the rights of the Indians. This code served, with occasional amendments, through the succeeding administrations of Madison, Monroe, and John Quincy Adams, into that of General Jackson, when, in 1834, the greatly advanced line of the frontiers, the multiplied population, and necessarily increased force of the Indian department, and the large amount of Indian annuities to be paid, called for its thorough revision, and a new general enactment was made.

Previously, however, to this time, during the administration of Mr.

Monroe, it was perceived that the Indian tribes, as separate communities, living in, and surrounded by, people of European descent, and governed by a widely different system of laws, arts, and customs, could not be expected to arrive at a state of permanent prosperity while thus locally situated. The tendency of the Saxon inst.i.tutions, laws, and jurisprudence, was to sweep over them. The greater must needs absorb the less. And there appeared, on wise and mature reflection, no reasonable hope to the true friends of the native race, that they could sustain themselves in independency or success as foreign elements in the midst of the State communities. It was impossible that two systems of governments, so diverse as the Indian and American, should co-exist on the same territory. All history proved this. The most rational hope of success for this race, the only one which indeed appeared practical on a scale commensurate with the object, was to remove them, with their own consent, to a position entirely without the boundaries of the State jurisdictions, where they might a.s.sert their political sovereignty, and live and develope their true national character, under their own laws.

The impelling cause for the action of the government, during Mr.

Monroe's administration, was the peculiar condition of certain tribes, living on their own original territories, within the State boundaries, and who were adverse to further cessions of such territory. The question a.s.sumed its princ.i.p.al interest in the State of Georgia, within which portions of the Creek and Cherokee tribes were then living. About ten millions of acres of lands were thus in the occupancy of these two tribes. As the population of Georgia expanded and approached the Indian settlements, the evils of the mixed political system alluded to began strongly to evince themselves. In the progress of the dispersion of the human race over the globe, there never was, perhaps, a more diverse legal, political, and moral amalgamation attempted, than there was found to exist, when, in this area, the descendants from the old Saxons, north-men and Hugenots from Europe, came in contact with the descendants (we speak of a theory) of the idle, pastoral, unphilosophic, non-inductive race of central Asia, living in the genial climate and sunny valleys of Georgia and Alabama.

The American government had embarra.s.sed itself by stipulating at an early day, with the State of Georgia, to extinguish the Indian t.i.tle within her boundaries, at the earliest practicable period, when it could be done "peaceably and on reasonable conditions." The Indians, as they advanced in agriculture, became averse to sell. The Georgians, as they increased in numbers, became importunate for the territory to which they had, in this event, the reversionary right. The President was frequently importuned by the State authorities. The Indians were frequently brought to consider the subject, which was one that increased its importance with years.

We have deemed it proper to put this matter in its right att.i.tude in relation to the great question of Indian removal; and as furnis.h.i.+ng, as it did, reasons for the early consideration and action of the government. It is not our intention to pursue the Georgia question disjunctively--we have neither time nor s.p.a.ce for it here, and will only further premise, that it is susceptible of some very different views from those often premised of it.[47] That it was one of the prominent considerations which led the administration of Monroe to take up betimes the general question of the Indian tribes, is well known and remembered, and apparent from a perusal of the public doc.u.ments of the era.

Governed by such considerations, Mr. Monroe communicated a special message to Congress on the 27th of January, 1825, recommending the removal of all the tribes within the States and Territories, and providing for their future "location and government." This is the official date and foundation of the plan of removal, which has been so generally, and may we not add, so successfully and propitiously to the best interests of the tribes, carried into effect. "Being deeply impressed with the opinion," observes this venerated statesman, who has, years since, gone to join the patriot spirits who achieved our independence--"that the removal of the Indian tribes from the land which they now occupy, within the limits of the several States and Territories, to the country lying westward and northward thereof, within our acknowledged boundaries, is of very high importance to the Union, and may be accomplished on conditions, and in a manner, to promote the interests and happiness of those tribes, the attention of the government has been long drawn, with great solicitude, to the object.

"For the removal of the tribes within the limits of the State of Georgia, the motive has been peculiarly strong, arising from the compact with that State, whereby the United States are bound to extinguish the Indian t.i.tle to the lands within it, whenever it may be done peaceably, and on reasonable conditions.

"In the fulfilment of this compact, I have thought that the United States should act with a generous spirit, that they should omit nothing which should comport with a liberal construction of the instrument, and likewise be in accordance with the just rights of those tribes. From the view which I have taken of the subject, I am satisfied that, in the discharge of these important duties, in regard to both the parties alluded to, the United States will have to encounter no conflicting interests with either: on the contrary, that the removal of the tribes from the Territories which they inhabit, to that which was designated in the message at the commencement of the session, which would accomplish the object for Georgia, under a well digested plan for their government and civilisation, in a mode agreeable to themselves, would not only s.h.i.+eld them from impending ruin, but promote their welfare and happiness. _Experience has clearly demonstrated that, in their present state, it is impossible to incorporate them, in such ma.s.ses, in any form whatever, into our system. It has also demonstrated, with equal certainty, that without a timely antic.i.p.ation of, and provision against, the dangers to which they are exposed, under causes which it will be difficult, if not impossible, to control, their degradation and extermination will be inevitable._"

We have underscored the last two sentences, because they express in forcible and just language, the experience of the American government, in relation to the subject, after an experiment of fifty years, dating from '75, and lie, indeed, at the foundation of the present Indian policy. It is also the experience of sound and calm observers, who have watched the operation of our laws and customs upon the isolated Indian communities in the States. Every year has exemplified the futility of raising them up to the European standard in industry, in intelligence or character, while thus situated; nor indeed, has it been practicable to s.h.i.+eld them effectually against the combined effects of intemperance, personal sloth, and of popular and vulgar contumely.

Mr. Calhoun, whose report on the subject was transmitted to Congress, with the message above named, communicates the details essential to the execution of the proposed plan. He states the whole number of Indians to be removed from the States and Territories, excluding those located west and north of Lake Michigan and the Straits of St. Mary's, at 97,000 souls, who occupy about 77 millions of acres of land. The country proposed for their location is that stretching immediately west, beyond the boundaries of the States of MISSOURI and ARKANSAS, having the River Arkansas running through its centre from west to east, the Missouri and Red rivers respectively as the northern boundary, and the vast gra.s.sy plains east of the Rocky Mountains, as its western limit.

The map which we publish of this territory, is drawn on the basis of one which was published by Congress in 1834, in ill.u.s.tration of the report of the committee on Indian affairs of May 30th of that session. It embraces all the locations of tribes to that period.

The plan proposed the gratuitous grant of the country to the respective tribes, and their removal to it at government expense. It embraces the transference to it, of their schools established by religious societies, and supported, in part, by the civilisation fund, and all their means of moral and religious culture. It is based on the pursuit of agriculture, the mechanic arts, and the raising of cattle and stock. It invests the tribes with full power of making and executing all their laws and regulations, civil and criminal. It stipulates military protection, to keep the surrounding tribes at peace. It leaves them their political sovereignty; being without the boundary of the States, under their own chiefs and local governors, with such aids as are necessary to enable the various tribes to a.s.sociate and set up the frame of an a.s.sociated government to be managed by themselves, and as subsequently proposed in Congress, to be represented in that body whenever the system shall be perfected so as to justify this measure. It proposed, as the basis of removal, a solemn act of Congress, guaranteeing the country to them, and excluding its future incorporation into the States. A second location, in the northern lat.i.tudes, was proposed for the Indians west of Michigan, where a further body of 32,266 souls were estimated to reside.

Such were the general principles of Mr. Monroe's plan, submitted in 1825, and subsequently adopted by Congress, in its essential features.

It has now been in operation EIGHTEEN YEARS, and it is proposed, in bringing this paper to a close, briefly to examine the condition and prospects of the expatriated tribes, in the country to which they have been transferred.

By a report from the proper department, transmitted to Congress with the President's message in 1836, the result of the first ten years'

experiment is shown to have been the actual migration of 40,000 from their original seats, east, to the allotted Indian territory, west of the Mississippi. Of this number, 18,000 were Creeks, 15,000 Choctaws, 6,000 Cherokees, 2,000 Chippewas, Ottawas, and Pottowattomies, 1,300 Shawnees, 800 Delawares, 500 Quapaws, 400 Seminoles, 600 Kickapoos, 400 Senecas, and an average of, say 250 each, of Appalachicolas, Weas, Piankashaws, Peorias and Kaskaskias. In this statement, small fractions over or under, are omitted. A location and permanent home has been provided for seventeen tribes and parts of tribes; a number which, in the succeeding seven years, we speak from doc.u.ments before us, has been largely augmented. The whole body of the Cherokees, of the Creeks, or Muscogees, of the Chickasaws and Choctaws, &c., and also, with the exception of one princ.i.p.al band, of the Seminoles, have been removed.

Portions of other tribes, not then full, have joined their kindred; and some whole tribes, who had not before come into the arrangement, and ceded their lands east, as the Miamas of the Wabash, and the Wyandots of Sanduskey, have since accepted locations in the Indian territory. The Chickasaws are all located with their affiliated countrymen, the Choctaws; and numbers of the ancient Iroquois confederacy, the Six Nations of New York, as well as the ancient Mohegans and Munsees, have, within a few years, selected locations south of the Missouri. The entire number of red men now concentrated on those plains and valleys, where winter scarcely exerts any severity of power, may be set down at 77,000 souls, leaving, from the official report of 1841, but 21,774 of the original estimated number of 1825, to be removed; exclusive of those west of the straits of Michilimackinac and St. Mary's.

From the doc.u.ments accompanying the annual report transmitted to Congress by the President, in December, 1840, the amount of funds invested by the government in stocks, for the Indians, was $2,580,000, on which the annual interest paid to them was $131,05. Twenty-four of the tribes had permanently appropriated, by treaty, $60,730 per annum, for the purpose of education. The number of schools maintained, and the number of pupils actually taught, are not furnished. It is gratifying to know, from this source, that civilisation, agriculture, and the mechanic arts, are making a rapid progress, and that education and Christianity are walking hand-in-hand. Planting and raising cattle are adopted generally. Portions of the most advanced tribes have devoted themselves to the mechanic arts, supplying themselves, to a limited extent, with smiths, wheelwrights, carpenters, and joiners, and some other branches.

Spinning and hand-loom weaving are practised to some extent. There are native merchants, among the three princ.i.p.al southern tribes, who s.h.i.+p their own cotton and other products to market, and supply their people, in return, with such products of the East and West Indies, and other parts of the world, as they require. A large part of the contracts, particularly for Indian corn, required to subsist the United States troops in that quarter of the Union, is furnished by native contractors.

Their legislation is performed in representative councils, and is well adapted to the actual and advancing state of society. Many of their leading men are well educated; some of them cla.s.sically; and the general moral and intellectual tone and habits of the tribes, are clearly and strikingly on the advance. It requires, it is believed, but time and perseverance in civil a.s.sociations, to lead them to the same results arrived at by other barbarous nations, and to demonstrate to them the value and importance of a general political confederation, founded on the principles of equal rights and equal representation, supported by public virtue and intelligence.

Having sketched the cause of the decline of that portion of the North American Indians, who were seated along the Atlantic, and the plan proposed for checking it, we shall now, with the map and doc.u.mentary evidence before us, devote a few moments to the present condition and prospects of the more prominent tribes.

1. The Choctaws, beginning at the extreme south of the territory, are the first in position. They occupy the country above the State of Arkansas, extending from the Arkansas to the Red river, following up the Canadian branch of the former, comprising an area of about 150 miles in breadth, by 200 in length. They are bounded by Texas south-west. The country is well adapted for grain and the raising of stock, in its middle and northern parts, and for cotton on the south. Many of the natives have large fields, where, but a few years since, the forest was untouched. Saw mills, grist mills, and cotton gins, are either erecting or erected throughout the country. Salt is manufactured by an intelligent Choctaw. Iron ore has been found, and specimens of gold have been picked up in various places.

This tribe is governed by a written const.i.tution and laws. Their territory is divided into three districts, each of which elects, once in four years, a ruling chief, and ten representatives. The general council, thus const.i.tuted, and consisting of thirty councillors, meets annually, on the first Monday in October. Voters must be Choctaws, of age, and residents of the districts. The three chiefs have a joint veto power on all laws pa.s.sed; but two-thirds of the council may re-pa.s.s them after such rejection.

The council of thirty appoint their own speaker and clerk, and keep a journal. They meet in a large and commodious council-house, fitted up with seats for members and spectators, and committee rooms. Their sessions are, usually, about ten days in duration. They are paid two dollars per diem for their services, out of public funds.

In addition to this evidence of capacity for self-government, there are judicial districts established, the right of trial by jury is secured, and there is an appeal to the highest tribunal. All the males, of a special age, are subject to do military duty: for this purpose the territory is subdivided into thirty two captaincies, the whole being placed under the orders of a general. The council has pa.s.sed many good and wholesome laws; among them, one against intemperance and the sale of ardent spirits. The collection of debts is at present not compulsory, being regulated by questions of credit, punctuality, and honor, which are to be adjusted between the buyer and seller. The country is too spa.r.s.ely settled, and the popular odium against incarceration too strong, to permit a resort to it. Thus, it will be seen, this tribe exhibit in their frame of government the elements of a representative republic, not a pure democracy, with perhaps sufficient conservative power to guard against sudden popular effervescence.

The Choctaws have twelve public schools, established by treaty stipulations with the United States. There are several missionaries amongst them, of the Presbyterian and Methodist denominations, whose labors are reported by the public agents to be beneficial, and calculated to advance their condition. There are four public blacksmith shops, two of which are exclusively worked by the natives. The strikers, or a.s.sistants, at all the shops, are natives. Shops have also been erected, in various parts of the nation, which are occupied only in the spring and summer, in planting and crop time. The mechanics in these are natives, who are paid, not by the individuals requiring aid, but out of public funds. The nation has an academy located in Scott county, Kentucky, at which 125 students were taught in 1839 and 1840. This inst.i.tution is now in the process of being established in their own territory. This tribe we learn by the Secretary of War's report, appropriated $18,000 of their annuities, in 1843, to educational purposes.

2. Chickasaws. This tribe is of the same lineage as the Choctaws; and, by a compact with the latter, they occupy the same territory, and live intermixed with them. It const.i.tutes a part of this compact, that the Chickasaws are to concentrate their population, and form a fourth election district, which shall be ent.i.tled to elect ten representatives, and three senatorial chiefs, to the national Council. The aggregate amount of the vested funds of this tribe, in 1840, was $515,230 44; of which $146,000 is devoted to orphans. The annual interest paid by the government is $27,063 83. They partic.i.p.ate equally in the advantages of the Choctaw academy, and have had many of their youth educated at that inst.i.tution.

3. Next, in geographical position, to the united Choctaws and Chickasaws, are the Muskogees, who are more generally known under the name of Creeks. They occupy a territory one hundred and fifty miles in length, by ninety in breadth. They are bounded on the south by the Canadian fork of the Arkansas, and by the district of the Seminoles, which lies between the main branch of this stream and its north fork.

Their territory reaches to a point opposite the junction of the Neosho, and is protracted thence north to the Cherokee boundary. It is a rich tract, well adapted to the growth of corn, vegetables, and esculents, and the raising of stock. It is not as abundantly watered by running streams as some of the tracts, or rather, it is a characteristic of its smaller streams that they run dry, or stand in pools, during the latter part of summer. In place of these, it has some good springs. The main and the north fork of the Canadian are exemptions from the effects of summer drouth. In point of salubrity, the country is not inferior to other portions of the Indian territory.

The government of the Creeks is still essentially the same which they exercised on the banks of the Chattahoochee and the plains of Georgia.

They exist in chieftains.h.i.+ps, each head of which has his own local jurisdiction, civil and criminal. Each ruling chief has his village and his adherents; and the condition of things partakes of what we shall be understood by designating feudal traits. They have no written const.i.tution; their laws are, however, now reduced in part to writing.

General councils, or conventions, not exact in the period of their occurrence, consider and decide all general questions. At these, the chieftains.h.i.+ps are all ent.i.tled to representation. Local questions, of right and police, come before the local chiefs, and are settled according to usage. They adhere to the original mode of working common or town fields, at which it is the duty of all to a.s.sist, both in the original clearing and in the annual labor of planting and reaping. There are also individuals, possessing slaves, who manage pretty extensive plantations. More corn is raised by this tribe than by any other now located West. Over and above their own wants, they have for several years had a large amount for sale and exportation. Less attention has been paid to the raising of stock, for which, indeed, the country has been deemed less propitious; but this branch of industry has of late years attracted more attention.

The Creeks had, for many years prior to their removal, been divided into _upper and lower towns_--a distinction which has been transferred to the West. Opothleyoholo is the chief of the Upper, and Roly McIntosh of the Lower Creeks. These two chieftains.h.i.+ps embrace the lesser ones, and divide the nation into two parties. It was the Lower towns, headed by the father of the present chief (whose tragic death we have mentioned), that ceded the Georgian territory, and thus sided in the policy of that State. The condition in which this tribe existed, in portions of Georgia, Alabama, and Mississippi, was, in other respects, peculiar. In emerging, as they were well in the process of doing, from the _hunter_ to the _agricultural_ state, the inst.i.tution of slavery, by which they were surrounded, and in which they partic.i.p.ated, gave a peculiar development to their industry. Chiefs, who were averse to work themselves, employed slaves, and thus the relation of planter and slave was established long before the question of their removal occurred. The effects of this were to exalt a portion of the nation above, and to depress others below, the average standing. The disparity which took place in laborious habits and in wealth, also impressed itself on education, dress, manners, and information generally. Although the idea of slavery was well known to the red race from the earliest times, and they all have a word for it, in their native vocabularies, and practised it on their prisoners, yet the result we are considering was accelerated by an admixture of European blood in their chieftains. Hence it is that this tribe, and one or two others in the south, have for years been able to put forth intelligent chiefs to transact their public business, who have astonished the circles at Was.h.i.+ngton. Yet, if they were followed to the huts of the common people, at home, there was a degree of ignorance and barbarity, even below the standard of our leading northern tribes.

Two kinds of testimony, respecting the condition of the southern tribes, both very different, and both true, could therefore be given.

The Creeks came west, soured and disappointed, and but little disposed for the effort before them. They had suffered in various ways, and they had left the southern slopes and sunny valleys of the southern Alleganies with "a longing, lingering look." They had never manifested a general interest in schools, and none whatever in religion. The latter is still the prevalent feeling. It is believed there is not a missionary now tolerated among them. There is a more friendly feeling towards education. Neither had they made much advance in mechanic arts. The chiefs were too proud, the common people too indolent, to learn the use of the saw or the hammer. Some change, in this respect, is thought to have ensued. Mechanics are employed for their benefit and at their charges, by the government, which must introduce the elements of mechanical industry. They dress in a rather gaudy, but picturesque manner. They live in comfortable houses of squared or scored logs, fitted up with useful articles of furniture, and they employ beasts of burthen and of pleasure. It is the evidence of the government agents, that the signs of advancing thrift and industry are among them. Time alone, it is believed, is necessary, with a perseverance in present efforts, to carry them onwards to civilisation and prosperity.[48]

4. Seminoles. This tribe is of the language and lineage of the Creeks.

They are appropriately placed on a tract within the general area of the latter, bounded on the south by the Canadian fork of the Arkansas, and by the lands of the Choctaws and Chickasaws. The tract has an extent of seventy miles from east to west, and is fully adequate to their wants. A blacksmith's shop is maintained for them; they are furnished with agricultural implements, and have been gratuitously subsisted, as other tribes, one year, at the public expense. It is thought to be unfavorable to their progress, that they have been allowed to migrate with their slaves, who are averse to labor and exert a paralysing influence on their industry. This tribe is far behind the other southern tribes in civilisation and manners. They occupied, while in Florida, a region truly tropical in its climate, and which yielded spontaneously no unimportant part of their subsistence, in the arrowroot and in sea fish.

Their chief product thus far, in the west, has been corn. They live under the authority of local chiefs, who, as in all their past history, exercise influence in proportion to their talents and courage. Their withdrawal from scenes and situations which served as nurseries of idle, savage habits, and their a.s.sociation with the other leading tribes, who are now bent on supporting themselves exclusively by agriculture, have been favorable. They have been at peace since their arrival on the waters of the Arkansas; and it is antic.i.p.ated that they will, by example and emulation, a.s.similate themselves in industry with the pre-existing tribes. It has already been demonstrated that they will sustain themselves in their new field of labor. But few of their numbers--from the last accounts not exceeding 100[49]--now remain in Florida.

5. Cherokees. This tribe is prominent among the native stocks in the United States, and is foremost in the efforts it has made to take rank among civilized nations. In this effort it has pa.s.sed through some severe and tragic ordeals from internal dissensions, from which it would seem, that in proportion as the prize is brought within their grasp, are the trials multiplied which delay its seizure. And, notwithstanding its strong claims to consideration on this head, they have, it must be admitted, much to attain. The original position of the Cherokees, in the valleys and the western spurs of the Alleganies, and remote from the disturbing causes which agitated the other tribes, was highly favorable to their increase and advance. No tribe in North America had remained so completely undisturbed, by red or white men, up to the year 1836. They were early, and to a considerable extent, cultivators; and whatever they were in ancient times, they have been a nation at peace, for a long period. Soon after the close of the late war of 1812, a portion of this tribe went over the Mississippi, and, by a compact with government, placed themselves between the waters of the White river and the Arkansas. This advance formed the nucleus of that political party, who have mingled in their recent a.s.semblies under the name of Western Cherokees, and who deemed themselves to be ent.i.tled to some rights and considerations above the Eastern Cherokees. The princ.i.p.al dissensions, however, grew out of the question of the cession of the territory east of the Mississippi. This was a broad question of _sale_ or _no sale_, _emigration_ or _non-emigration_. At the head of the affirmative party was Ridge; at the head of the negative, Ross. The latter, in addition to his being the leading chief and most prominent man, was in a large majority, and, for a time, successfully resisted the measure. The former drew a number of the best educated chiefs and men to his side. Availing himself of the temporary absence of his antagonist, Ross, from the country, he ceded the country, and sealed the fate of his tribe east of the Mississippi. It was a minority treaty, but the consideration was ample; it secured large prospective advantages, besides a large and rich domain in the West. It was, therefore, sustained by the government; the U. S. Senate ratified it, adding some further immunities and further compensation, at the instance of Ross. The tribe was removed, but it went west with a deadly feud. In the end, Ridge, like McIntosh, paid for his temerity with his life. A representative government was set up, consisting of a house of delegates or representatives, annually chosen by districts; a senatorial council, with powers of revision or co-action, and an executive elective head. A code of laws has been adopted, and a judiciary created to carry them into effect. This system, which has been in operation some six or seven years, has been found adequate to sustain itself through scenes of severe trial; and it must be regarded as one which, modified as it may be, is destined to endure.

The territory of the Cherokees is between that of the Creeks and Osages.

It is ample beyond their wants, fertile, and generally well watered. The Arkansas crosses it centrally; it has the Neosho and the State of Arkansas as its eastern boundary. It is well adapted to the cereal grains. Corn, wheat and oats succeed well, together with melons and culinary vegetables of all descriptions. The Cherokees have been long accustomed to husbandry. They own large stocks of horses, cattle, hogs and sheep. They occupy substantial and comfortable houses. Many of their females spin and weave, and numbers of their people are clothed in their own manufactures. Well improved farms extend through their settlements.

A number of their merchants are natives, who buy and sell produce, and import foreign merchandise. Reading and writing are common attainments.

They have schools and churches. They have mills for grinding grain. They manufacture salt to a limited extent. The country yields stone coal and gypsum. The prairies, which are interspersed through the tract, yield a fine summer range for cattle, and produce a species of gra.s.s, which, when properly cured, is little inferior to timothy. With a country which has thus the elements of prosperity in itself, and an intelligent and industrious population, this tribe must, ere long, present the gratifying spectacle of a civilized race.

6. The Osages. This tribe is indigenous, and formerly owned a large part of the territory which is now a.s.signed to others. Their habits and condition have been, however, but little benefited by the use which they have made of their annuities. Great exertions have been made by the local agents to induce them to give up their erratic mode of life, and become agriculturists. To this end stock and agricultural implements have been furnished them, and other facilities given, but without any general effects. Among these may be named the building of mills, and the erection of well built cabins for their chiefs. There is no tribe to which the term predatory may be so appropriately applied as to the Osages. They have, from an early day, been plunderers on that frontier, among red and white men. Possessing a large territory, formerly well supplied with the deer, elk and buffalo, powerful in numbers, courageous in spirit, and enjoying one of the finest climates, these early predatory habits have been transmitted to the present day. They are loth to relinquish this wild license of the prairies--the so-called freedom of the roving Indian. But it is a species of freedom which the settlement of Missouri and Arkansas, and the in-gathering of the semi-civilized tribes from the south and the north, has greatly restricted. Game has become comparatively scarce. The day of the hunter is well nigh past in those longitudes. When to this is added the example of the expatriated Indians, in tillage and grazing, their field labors in fencing and erecting houses, their improved modes of dress, their schools, and their advanced state of government and laws, the hope may be indulged that the Osages will also be stimulated to enter for the prize of civilisation.

Such are the six princ.i.p.al tribes who form the nucleus, or, to use a military phrase, the right wing of the expatriated aboriginal population, as the bands are arranged in their order from south to north, in the trans-Ozark or Indian territory. It would afford us pleasure to devote some separate considerations to each of the remaining nineteen tribes and half tribes, or remnants and pioneers of tribes, who make up this imposing and interesting colony, where, for the first time since the settlement of the Continent, the Indian race is presented in an independent, compact, and prosperous condition. But it would manifestly extend this article beyond its just limits, and we must therefore generalize our remaining notices.

We still, however, adhere to a geographical method. The Senecas from Sandusky, and the mixed Senecas and Shawnees, are situated north-east of the Cherokees, and between the latter and the western boundary of Missouri. They possess a hundred thousand acres of choice lands. The Sanduskies number 251 souls; the mixed band, 222. They are represented as farmers and stock-raisers, frugal, industrious, and less addicted to intemperance than their neighbors. They cultivated, in 1839, from two hundred and fifty to three hundred acres of corn. They have a blacksmith's shop, under treaty stipulations, and possess good stocks of horses, cattle, and hogs. The Quapaws adjoin the Senecas and Shawnees on the north, and, as the latter, have their lands fronting on the Neosho.

This band formerly owned and ceded the south banks of the Arkansas from its mouth as high as the Canadian fork. They are indolent, much addicted to the use of ardent spirits, and depressed in numbers. They have a tract of 96,000 acres. They cultivate, generally, about one hundred acres of corn, in a slovenly manner. Part of their numbers are seated on the waters of Red River, and the Indian predilection for rowing is nourished by the frequent habit of pa.s.sing to and fro. This erratic habit is an unerring test of the hunter state.

The Piankashaws and Weas are of the Miami stock, and came from the waters of the Wabash. They are located on 255 sections, immediately west of the western boundary of Missouri, and about 40 miles south of the Konza. Their population is 384, of which 222 are Weas. Immediately west of them are the Peorias and Kaskaskias of the Illinois family. They number 132, and possess 150 sections, which gives an average of more than a square mile to each soul. Still west of these, are the Ottowas of Ohio, about 200 in number, and above them, a small band of 61 of the Chippewas of Swan Creek and Black River in Michigan. These locations are all on the sources of the Osage River. The lands are fine, partly woods and partly prairie, and are easily cultivated. These six fragmentary bands are not dissimilar in their habits of living and the state of their advance in agriculture. They subsist themselves by raising corn and cattle and hogs. They evince an advancing condition, and are surrounded by circ.u.mstances eminently favorable to it.