the treaty, if concluded at all, must be procured upon fair and open terms, with no particular promise to any individual, high or low, to gain his aid or influence, and without sacrificing the interest of the whole to the cupidity of a few. He was also informed that, as it would probably be contrary to his wish, his letter would not be put on file. [309] In October, 1835, the Ridge treaty was rejected by the Cherokee Nation in full council at Red Clay, even its main supporters, Ridge himself and Elias Boudinot, going over to the majority, most unexpectedly to Schermerhorn, who reports the result, piously adding, "but the Lord is able to overrule all things for good." During the session of this council notice was served on the Cherokee to meet commissioners at New Echota in December following for the purpose of negotiating a treaty. The notice was also printed in the Cherokee language and circulated throughout the Nation, with a statement that those who failed to attend would be counted as assenting to any treaty that might be made. [310] The council had authorized the regular delegation, headed by John Ross, to conclude a treaty either there or at Washington, but, finding that Schermerhorn had no authority to treat on any other basis than the one rejected by the Nation, the delegates proceeded to Washington. [311] Before their departure John Ross, who had removed to Tennessee to escape persecution in his own state, was arrested at his home by the Georgia guard, all his private papers and the proceedings of the council being taken at the same time, and conveyed across the line into Georgia, where he was held for some time without charge against him, and at last released without apology or explanation. The poet, John Howard Payne, who was then stopping with Ross, engaged in the work of collecting historical and ethnologic material relating to the Cherokee, was seized at the same time, with all his letters and scientific manuscripts. The national paper, the Cherokee Phoenix, had been suppressed and its office plant seized by the same guard a few days before. [312] Thus in their greatest need the Cherokee were deprived of the help and counsel of their teachers, their national press, and their chief. Although for two months threats and inducements had been held out to secure a full attendance at the December conference at New Echota, there were present when the proceedings opened, according to the report of Schermerhorn himself, only from three hundred to five hundred men, women, and children, out of a population of over 17,000. Notwithstanding the paucity of attendance and the absence of the principal officers of the Nation, a committee was appointed to arrange the details of a treaty, which was finally drawn up and signed on December 29, 1835. [313]