Notwithstanding this suppression of opinion, the feeling of the Nation
was soon made plain through other sources. Before the ratification of
the treaty Major W. M. Davis had been appointed to enroll the Cherokee
for removal and to appraise the value of their improvements. He soon
learned the true condition of affairs, and, although holding his
office by the good will of President Jackson, he addressed to the
Secretary of War a strong letter upon the subject, from which the
following extract is made:
I conceive that my duty to the President, to yourself, and to
my country reluctantly compels me to make a statement of facts
in relation to a meeting of a small number of Cherokees at
New Echota last December, who were met by Mr. Schermerhorn and
articles of a general treaty entered into between them for the
whole Cherokee nation.... Sir, that paper, ... called a treaty,
is no treaty at all, because not sanctioned by the great body of
the Cherokee and made without their participation or assent. I
solemnly declare to you that upon its reference to the Cherokee
people it would be instantly rejected by nine-tenths of them,
and I believe by nineteen-twentieths of them. There were not
present at the conclusion of the treaty more than one hundred
Cherokee voters, and not more than three hundred, including women
and children, although the weather was everything that could
be desired. The Indians had long been notified of the meeting,
and blankets were promised to all who would come and vote for
the treaty. The most cunning and artful means were resorted
to to conceal the paucity of numbers present at the treaty. No
enumeration of them was made by Schermerhorn. The business of
making the treaty was transacted with a committee appointed by the
Indians present, so as not to expose their numbers. The power of
attorney under which the committee acted was signed only by the
president and secretary of the meeting, so as not to disclose
their weakness.... Mr. Schermerhorn's apparent design was to
conceal the real number present and to impose on the public and the
government upon this point. The delegation taken to Washington by
Mr. Schermerhorn had no more authority to make a treaty than any
other dozen Cherokee accidentally picked up for the purpose. I now
warn you and the President that if this paper of Schermerhorn's
called a treaty is sent to the Senate and ratified you will bring
trouble upon the government and eventually destroy this [the
Cherokee] Nation. The Cherokee are a peaceable, harmless people,
but you may drive them to desperation, and this treaty can not
be carried into effect except by the strong arm of force. [318]
Public-domain text, read in full here on John Shaqi.
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