When circumstances beyond their control compel one
people to sever the ties which have long existed between them
and another state or confederacy, and to contract new alliances
and establish new relations for the security of their rights and
liberties, it is fit that they should publicly declare the
reasons by which their action is justified.
The Cherokee people had its origin in the South; its
institutions are similar to those of the Southern States, and
their interests identical with theirs. Long since it accepted
the protection of the United States of America, contracted with
them treaties of alliance and friendship, and allowed themselves
to be to a great extent governed by their laws.
In peace and war they have been faithful to their
engagements with the United States. With much of hardship and
injustice to complain of, they resorted to no other means than
solicitation and argument to obtain redress. Loyal and obedient
to the laws and the stipulations of their treaties, they served
under the flag of the United States, shared the common dangers,
and were entitled to a share in the common glory, to gain which
their blood was freely shed on the battlefield.
When the dissensions between the Southern and Northern
States culminated in a separation of State after State from the
Union they watched the progress of events with anxiety and
consternation. While their institutions and the contiguity of
their territory to the States of Arkansas, Texas, and Missouri
made the cause of the seceding States necessarily their own
cause, their treaties had been made with the United States, and
they felt the utmost reluctance even in appearance to violate
their engagements or set at naught the obligations of good
faith.
Conscious that they were a people few in numbers compared
with either of the contending parties, and that their country
might with no considerable force be easily overrun and
devastated and desolation and ruin be the result if they took up
arms for either side, their authorities determined that no other
course was consistent with the dictates of prudence or could
secure the safety of their people and immunity from the horrors
of a war waged by an invading enemy than a strict neutrality,
and in this decision they were sustained by a majority of the
nation.
That policy was accordingly adopted and faithfully
adhered to. Early in the month of June of the present year the
authorities of the nation declined to enter into negotiations
for an alliance with the Confederate States, and protested
against the occupation of the Cherokee country by their troops,
or any other violation of their neutrality. No act was allowed
that could be construed by the United States to be a violation
of the faith of treaties.
But Providence rules the destinies of nations, and
events, by inexorable necessity, overrule human resolutions. The
number of the Confederate States has increased to eleven, and
their Government is firmly established and consolidated.
Maintaining in the field an army of 200,000 men, the war became
for them but a succession of victories. Disclaiming any
intention to invade the Northern States, they sought only to
repel invaders from their own soil and to secure the right of
governing themselves. They claimed only the privilege asserted
by the Declaration of American Independence, and on which the
right of <ar19_504> the Northern States themselves to
self-government is founded, of altering their form of government
when it became no longer tolerable and establishing new forms
for the security of their liberties.
Throughout the Confederate States we saw this great
revolution effected without violence or the suspension of the
laws or the closing of the courts. The military power was
nowhere placed above the civil authorities. None were seized and
imprisoned at the mandate of arbitrary power. All division among
the people disappeared, and the determination became unanimous
that there should never again be any union with the Northern
States. Almost as one man all who were able to bear arms rushed
to the defense of an invaded country, and nowhere has it been
found necessary to compel men to serve or to enlist mercenaries
by the offer of extraordinary bounties.
But in the Northern States the Cherokee people saw with
alarm a violated Constitution, all civil liberty put in peril,
and all the rules of civilized warfare and the dictates of
common humanity and decency unhesitatingly disregarded. In
States which still adhered to the Union a military despotism has
displaced the civil power and the laws became silent amid arms.
Free speech and almost free thought became a crime. The right to
the writ of habeas corpus, guaranteed by the
Constitution, disappeared at the nod of a Secretary of State or
a general of the lowest grade. The mandate of the Chief Justice
of the Supreme Court was set at naught by the military power,
and this outrage on common right approved by a President sworn
to support the Constitution. War on the largest scale was waged,
and the immense bodies of troops called into the field in the
absence of any law warranting it under the pretense of
suppressing unlawful combination of men. The humanities of war,
which even barbarians respect, were no longer thought worthy to
be observed. Foreign mercenaries and the scum of cities and the
inmates of prisons were enlisted and organized into regiments
and brigades and sent into Southern States to aid in subjugating
a people struggling for freedom, to burn, to plunder, and to
commit the basest of outrages on women; while the heels of armed
tyranny trod upon the necks of Maryland and Missouri, and men of
the highest character and position were incarcerated upon
suspicion and without process of law in jails, in forts, and in
prison-ships, and even women were imprisoned by the arbitrary
order of a President and Cabinet ministers; while the press
ceased to be free, the publication of newspapers was suspended
and their issues seized and destroyed; the officers and men
taken prisoners in battle were allowed to remain in captivity by
the refusal of their Government to consent to an exchange of
prisoners; as they had left their dead on more than one field of
battle that had witnessed their defeat to be buried and their
wounded to be cared for by Southern hands.
Whatever causes the Cherokee people may have had in the
past, to complain of some of the Southern States, they cannot
but feel that their interests and their destiny are inseparably
connected with those of the South. The war now raging is a war
of Northern cupidity and fanaticism against the institution of
African servitude; against the commercial freedom of the South,
and against the political freedom of the States, and its objects
are to annihilate the sovereignty of those States and utterly
change the nature of the General Government.
The Cherokee people and their neighbors were warned
before the war commenced that the first object of the party
which now holds the powers of government of the United States
would be to annul the institution of slavery in the whole Indian
country, and make it what they term free territory and after a
time a free State; and they have been also warned by the fate
which has befallen those of their race in Kansas, Nebraska, and
Oregon that at no distant day they too would be compelled to
surrender their country at the demand of Northern rapacity, and
be content with an extinct nationality, and with reserves of
limited extent for individuals, of which their people would soon
be despoiled by speculators, if not plundered unscrupulously by
the State.
Urged by these considerations, the Cherokees, long
divided in opinion, became unanimous, and like their brethren,
the Creeks, Seminoles, Choctaws, and Chickasaws, determined, by
the undivided voice of a General Convention of all the people,
held at Tahlequah, on the 21st day of August, in the present
year, to make common cause with the South and share its
fortunes.
In now carrying this resolution into effect and
consummating a treaty of alliance and friendship with the
Confederate States of America the Cherokee people declares that
it has been faithful and loyal to is engagements with the United
States until, by placing its safety and even its national
existence in imminent peril, those States have released them
from those engagements.
Menaced by a great danger, they exercise the inalienable
right of self-defense, and declare themselves a free people,
independent of the Northern States of America, and at war with
them by their own act. Obeying the dictates of prudence and
providing for the general safety and welfare, confident of the
rectitude of their intentions and true to the obligations of
duty and honor, they accept the issue thus forced upon them,
unite their fortunes now and forever with those of the
Confederate States, and take up arms for the common cause, and
with entire confidence in the justice of that cause and with a
firm reliance upon Divine Providence, will resolutely abide the
consequences.
Tahlequah, C. N., October
28, 1861.
THOMAS PEGG,
President National Committee.
JOSHUA ROSS,
Clerk National Committee.
Concurred.
LACY MOUSE,
Speaker of Council.
THOMAS B.
WOLFE,
Clerk Council.
Approved.
JNO. ROSS.