_Council at New Echota._--During the session of this council notice was given to the Cherokees to meet the United States commissioners on the third Monday in December following, at New Echota, for the purpose of negotiating and agreeing upon the terms of a treaty. The notice was also printed in Cherokee and circulated throughout the nation, informing the Indians that those who did not attend would be counted as assenting to any treaty that might be made.[412] In the mean time the Ross delegation, authorized by the Red Clay council to conclude a treaty either there or at Washington, finding that Schermerhorn had no authority to treat on any other basis than the one rejected by the nation, proceeded, according to their people's instructions, to Washington. Previous to their departure, John Ross was arrested. This took place immediately upon the breaking up of the council. He was detained some time under the surveillance of a strong guard, without any charge against him, and ultimately released without any apology or explanation. At this arrest all his papers were seized, including as well all his private correspondence and the proceedings of the Cherokee council.[413] In accordance with the call for a council at New Echota the Indians assembled at the appointed time and place, to the number of only three to five hundred, as reported[414] by Mr. Schermerhorn himself, who could hardly be accused of any tendency to underestimate the gathering. That gentleman opened the council December 22, 1835, in the absence of Governor Carroll, whose health was still such as to prevent his attendance. The objects of the council were fully explained, the small attendance being attributed to the influence of John Ross. It was also suggested by those unfriendly to the proposed treaty as a good reason for the absence of so large a proportion of the nation, that the right to convene a national council was vested in the principal chief, and they were unaware that that officer's authority had been delegated to Mr. Schermerhorn.[413] Those present resolved on the 23d to enter into negotiations and appointed a committee of twenty to arrange the details with the Commissioner and to report the result to the whole council. The following five days were occupied by the commissioner and the committee in discussing and agreeing upon the details of the treaty, one point of difference being as to whether the $5,000,000 consideration for their lands as mentioned in the resolution of the Senate was meant to include the damages to individual property sustained at the hands of white trespassers.