Chiefs of Nation’s: First edition
The Cherokee Nation 1730 to 1839
 109 years of Dialogue and Treaties

By Paul T. Vickers ^©2005

In
Intellectual property of the Arkansas Band of Western Cherokee, INC. © 2006 created March 19, 2006

Refuting the book “ The Cherokee Nation – A History” by Robert J. Conley . Commissioned by the Cherokee Nation of Oklahoma. (University of New Mexico Press 2005)

Introduction:

This recent book is yet another testament of the reciprocal mistakes, errors and omissions that do nothing more than tarnish the legacy of the Cherokee Nation and most of the historical Chiefs. Like all other books referred to and analyzed herein this web site, this book, from Chapters 8 through 17 pages 57 to 150 are very contradictory, to the documents of the National Archives, Colonial records and the Treaties, arranged in our web-site and book; these chapters as told by Mr. Conley herewith, we consider a rendition that falls within the range of a fictional novel. Because this is not its intent… and has and will be considered as a true and legitimate historical learning resource, We are very concerned, viewing it as both a disgrace to the majority of Cherokee Nations Chiefs or leaders mentioned within this dissertation, an insult to many, including those Cherokees who did not move further west in 1829,and those who managed to remain in the original domain of the Ani-yun-wiya-Ani-ki-too-wagi. Typically, any story about the Arkansas Cherokee or Western Cherokee, and Chiefs Dragging Canoe, Bloody-Fellow, Dick Justice, Glass, and many others , concerns our heritage and present identity as modern Arkansas and Ozarks Cherokee People and Cherokees of Georgia, Alabama, North Carolina and Tennessee, who remained. There is no question that in all Cherokee history books, including this one mentioned here-to-fore, the object is to separate and undermine the Cherokee Nations governing body in the 1780’s and 1790’s and then again in the 1800’s…by labeling them as malcontents, political belligerents and or Chickamaugas, who caused tribal unrest , initiated conflicts and consciously entered into non-sanctioned, partisan treaties, but particularly the treaty for the exchange of lands in 1817. In its effect this cast out all Chiefs and their people prior to the 1827 Constitutional Convention, otherwise. If told in a chronologically correct and truthful manner, it would reveal what you are about to read and hopefully learn.

As displayed within our “Chiefs of Nations” web-page within the links for the “critical analysis” for books such as John P. Browns, Old Frontiers, Thurman Wilkins, Cherokee Tragedy and John Ehle’s, Trail of Tears, This Author uses the very same research methods; relying on second hand sources; all without examining and utilizing the records of the Cherokee Indian Agency (of which there is an abundance of dialogue to cover this story correctly), Colonial records, and very importantly and crucial, his failure to publish the Treaties in their entirety ;of which he often refers too but never includes any of them, in this so-called Cherokee Nation history book. I personally find this astonishing as this book is the only book ever commissioned by Chief Chad Smith and the Cherokee Nation; whom it is safe to assume would have or actually did provide any necessary financial resources and research materials to enable Conley to do a accurate, decent and respectable job. When I state this I’m referring to the chapters mentioned; 8 through 17,of which cover the revolutionary period, to the treaty of New Echota in 1835-36...the final treaty for the eastern domain of the Cherokee Nation east.

Within chapters 8 through 17,of this book, like most Cherokee stories, Conley’s rendition begins with the assumption that a group of disgruntled Cherokees: who at the point of the revolution broke away or separated from the main body of the Cherokee, and with Chief Dragging Canoe, moved further south and created the towns of Chickamauga, Nick-jack, Running-water, Look-out-mountain and a few others; and later began the process of immigration to modern Missouri and Arkansas. This ideology is simply a psychological subscription, ingrained within the conscience, absorbed from all the other books that are absolutely fictional and untrue. As the federal Indian papers dictate, Dragging Canoe along with all these towns Chiefs and their people mentioned herein, were always part of the Cherokee Nation. It is true there was a band of warriors that were called the Chickamaugan’s or Chickamogges, but they were not segregated from the Cherokee Nation, nor is there any “real” evidence that would indicate any of these chiefs were associated with the Chickamaugas. Moreover, within the Indian affairs Page ( click) [45] & [ 46] [ Cherokee National Council at Ustanali November 12th 1788 ] it clearly illustrates that Dragging Canoe [ Tsiyu- gansini; translated by the Cherokees personal interpreter James Carey as otter-lifter or Cheakoneske in the 1791 treaty. ] was in attendance as a member of the National Council held at the Cherokee Nation capitol of Ustanali. Dragging Canoe is also mentioned and honored at the June 26th to July 1st 1792 , Cherokee National Council, e.g. Indian affairs page (click) [271] & [273]. In addition it is important to realize that although Conley states that Dragging Canoe set forth Plans on July 8th 1776 to commence hostilities upon the Wataugans, he then, on the first page of the next chapter, using a non official, and non- cited quote that states: Dragging Canoe, Little owl, and the Raven, attacked the Watauga settlements on June 20th 1776 ( this is entirely careless). In reality as my book fully explains, the rebels of North Carolina under William Christian of Virginia , North and South Carolina, under Generals Rutherford and William’s, commenced hostilities upon the Cherokee Nation, who were under a flag of neutrality from April, 1776,[ North Carolina Colonial records]. This planned attack commenced in June, at the lower Cherokee towns in South Carolina and later this plan was communicated from North Carolina to Virginia on July 5th 1776. click [ Rutherford to Christian July 5 1776 ] Importantly, the Continental Congress of the United States did actually declare war against the Cherokee Nation on July 30th 1776. These facts are derived from the North Carolina Colonial records also.

This “Chickamauga separation” fabrication has its geneses from the first publications such as Browns old frontiers (1938, 1970) and other books, and is widely used as a separation of Cherokee- Nation –National- Council reference point. This includes both the immigration into Arkansas and a means to outcast many of the true Chiefs e.g. Glass, Dick Justice, Bloody fellow and Double-head, and approximately 30 others, who comprised the true Cherokee Nations, National Council; thus providing the entry point to incorporate the story concerning the Cherokee Nationalist whom, self appointed, developed a constitution in 1827, and thereafter claimed jurisdiction over the Cherokee people and their lands, and very importantly, delegated themselves authority to make treaties[ Exhibit-link # 6 in the Eastern Cherokee button of this web-site]. Note: John Ross and Charles Hicks were at the head of the Constitutional Convention.

On page 65 Conley states that On May 20th 1777, that members of the “ Peace party” namely Agan’stat or Oconostota signed a treaty with South Carolina and Georgia.

Comment: This treaty, click [ Treaty of May 20th 1777] was between the” Cherokee Nation” and the aforesaid states. It does not ever imply that a segregated war band or Chickamauga or Dragging Canoe were the conspirators of the hostilities. The Cherokee Nation’s representatives including a “Chinistisha” that is in my opinion, more than likely Cheakoneske or Dragging Canoe, were compelled to treat with the hostile rebels. This treaty is quite revealing as the Georgia and South Carolina representatives [article one] admit they were “unopposed.” and penetrated through the upper, lower and middle settlements. In addition, I would like to point out that there is no evidence that Agan’stat or Oconostota participated in this treaty. This error is reflective of Conley relying on second hand sources. In this same paragraph he states that this treaty was representative of only the “Over hills Towns” This again, is very arguable in that Canatiskeetuowie is more than likely Sickatowee or “old Sharp fellow” from Cowee and Wataga of the Valley towns division.
Comment: As in the case of the treaty of Hopewell, the others, more than likely represent the various towns divisions, including Chickamauga and Look- out- Mountain town. Again Conley states that these alleged Chickamaugas did not attend this treaty. Click to view the [ Treaty of Hopewell ] In so far as Conley’s rendition of the proceedings at the treaty of Hopewell…he leaves a lot to be desired! Its important to note that at the treaty negotiations at Hopewell in 1785,Tassell nor any of the other speakers ever suggested that the Chickamaugs were responsible for any depredations. Better explained in my book.

On page 74 of this ill researched, conjectural-amorphorical- conundrum of a book, Conley states, no Chickamaugas were there, yet as you can see, the towns of Chickamauga and Look-out-mountain were present. The point here is that he states the Chickamauga towns were the five lower towns yet in all treaties including Hopewell the highest Chiefs of the Cherokee National Council: Little Turkey, of Turkey’s town (the nations most southern town), Glass and Dick Justice of Look-out Mountain town, and Running Water town, Dragging Canoe, Double-head, Bloody-fellow or (General Iskya or clear sky) and Black fox; all Conley suggest as being Chickamaugas, except Black fox and Dick Justice (whom the official records are saturated with his words and references to, from government leaders). In truth, Chief Dick Justice was the second highest Chief in the Nation from the 1790’s to his death at Arkansas in 1824.The only time Conley refers to him , he erroneously accuses him of taking a bribe with the other Chiefs in Sept. 1816.This of course is not true.
Comment: The truth of the matter is the Chickamaugas resided in most the Cherokee towns. These young warriors would join the Creeks and commence hostilities upon the Nolichucky, Watauga and Cumberland settlements. This is not to avoid the reality that there were times when the Chiefs mentioned were for destroying settlements…the Councils of their towns decreed all this. The point here is that Conley like all other authors labels these High Chieftain priest as less that legitimate or even enigmas of Cherokee society and eventually as time progresses into the 1800’s eventually, he like all the others-puts the finishing touches on them and they are eventually written out of the story or history. This feat is only possible if the treaties are not included or at least all chiefs listed. In this case Conley like all the others, his main characters during this period are the Chiefs he wishes to label as Chickamaugas. It is not rational to believe that in doing this book, for the Cherokee Nation he nor Chief Chad Smith have never seen these treaties or were not conscious of the importance of explaining them in detail, and at least list all the signatories. The prime reference point to achieve the final phase of this methodical, literal cleansing of the genuine Cherokee Nations National Council evidences itself at the point of the exchange of land treaty in 1817.Getting ride of the old and bringing in the new government, that was in fact an ad-hoc fraternity of political insurgents, who basically granted themselves authority of the Cherokee Nation, only to cede the remaining lands in 1819 and 1835.

Comment: To try and continue this Chickamauga story further into the 1790’s this becomes rather ridicules. Conley as in the case of prior Cherokee history authors has to employ some interesting and intriguing technique to some how explain how these alleged Chicamaugas were engaging in treaties with the rest of the Cherokee Nations legitimate leaders. As the Cherokee towns were attacked several times, during this period. This is achieved by actually pitting bad against evil as John Sevier and the leaders of Watauga, Nolichucky ( Modern NE Tennessee) were artful enough to create a fictitious charter they deemed the state of Franklin. Here in his book, Conley takes this fabrication hook line and sinker; a study of any of the genuine records or even a good history book would show that this area was annexed to North Carolina in 1777, and considered Washington district. But here again, Conley lets loose the enemy, to use its shield, and subscribes to the notion that the Frankilnites took the oath of North Carolina in 1789 and were thereafter pardoned. In fact, Sevier and the other leaders were commissioned military personnel of North Carolina, from 1776 as were the Watauga and Noichuckey settlements considered Washington district, North Carolina, in 1777.Then on this same page, 74 Conley, because the Franlinites took oath he considers them “ Out of the picture” thus allowing only one bad party to exist-the Chickamaugas! not!!! On page 75 Conely states that the Chickamaugs continued to fight though they attended treaty negotiations at Philadelphia in 1793.Here again he makes sure to point out that Badger, John Watts, Bloody-fellow, Doublehead, Middlestriker and Dragging Canoe were Chickamaugas, of which there is nothing in the federal papers that would indicate these Chiefs as Chickamaugas. Its important to realize that without these chiefs being labeled as Chickamaugs then they are the Cherokee Nations chiefs…making it increasingly difficult to get ride of them in the history, as time moves forward and in fact no one to blame, as in the case of Double-head in 1806 .

This is Cherokee Nation reality: The treaty of 1791’s Cherokee Nation’s leaders. The reason Watts, Double-head and Bloody-fellow are at the top of the list is because they are at the upper echelon of the Cherokee Nation government. Dragging Canoe is listed at Cheakoneske or Otter-lifter.


 

On page 82 and 83 of Conley’s book, while skipping over the treaties of Oct. 25th and 27th 1805 and the story surrounding them, he states that bribes were involved in the 1806 treaty at Washington, D.C.

Comment: This is untrue as explained in the other dissertation concerning the Arkansas department of heritage, all matters were out in the open. These lands were claimed by the Chickasaws and the Cherokee Nation had no choice. Double-head was killed due to the interpreter Charles Hicks and agent Meigs plot. In this case Hicks lied to his constituents at the Fortville council. The full story is in my book. Conley like Russell in the other refuting dissertation, takes a cheap shot at Tohluntuskee, labeling him as a possible target for signing the treaty of 1806,and at the same time he down-play’s and undermines the immigrants who were departing west of the Mississippi. This, as Conley remarks was probably the reason for Tohluntuskee and his Cherokee people along with ten Chiefs, departing for lands west of the Mississippi, in the area of the Boot- hill and St. Francis river, at the location of the Missouri Territory.

Comment: Tohlontuskee, Hummingbird, Taka-toka and 1,200 of there people were compelled to immigrate because their area in an around their residence had become too populated with white settlers; these settlers were territorial citizens who for years had caused problems, even committed unprovoked killings. This is better explained in my book, in Chapter 4, “WE the People,” and Chapter 5, “Essence of Betrayal.”
This has been a favorite reference point for most if not all authors to begin the process of assassinating the character of the members of the legitimate Cherokee National Council. To attempt to imply that certain chiefs namely Double-head and Tohlunteseke were given both monetary bribes and land tracts is absolutely wrong. Here many authors imply that the upper towns were incensed when they discovered that Double-head was granted a reservation, and that it was against tribal edict. In truth Tohluntuskee was not granted a reservation, he was just allowed to remain at his location and residence. Secondly, Double-head was not the person implied in this treaty, but John Chisholm, Au, tow, we and Cheh, Chuh. The other tract was granted explicitly to Charles Hicks and Moses Melton. This was agreed too in the presence of Double-head, of the Muscle shoals band, James Vann of the central division, John Jolly of the upper band, Bloody fellow of Creek-path or the lower towns, John Walker, John Lowery of the central division, the broom of Creek path as formally agreed to at the previous treaty at the Tellico Block House on Oct. 25 and 27th . The real story is, Charles Hicks went back to his division (central division at Fortville, Hicks town) held a town council, pointed the finger at Double-head, and lied to the people of this division about this treaty. Charles Hicks was the federally appointed interpreter at this treaty. This caused the assassination of Double-head and caused the rest of the Chiefs to become alarmed. This is fully explained in my book Chiefs of Nations. Note: from 1795, this Muscle shoals land was secretly claimed by proprietors of the Tennessee land company. This included John T. Smith, who befriended Double-head at this time, in 1807. John Smith would in 1831,after they acted on the non-sanctioned 1828 treaty (separated themselves, protected by Fort Smith and Fort Gibson ), petition congress for this very tract of land. Later, he along with James Rogers, represented themselves as Western Cherokee representative or “Chiefs” of the New Western (Oklahoma) Cherokee, at the Treaty of New Echota in 1835-36.Note: James Rogers and John Smith were never Arkansas Cherokee Chiefsthey were interpreters and basically just liaisons/ commissioners and or runners.

On page 96,Conley begins his post revolution or hostility period with attack upon the Cherokee Chiefs in September of 1816. While mentioning the March 1816 treaty, he praises it by stating that the John Ross, Ridge, Lowery, Richard Taylor John Walker and Cheucunsenee, engaged in a treaty for the purpose of settling the boundary dispute between the Cherokee and Creek nations. This he states was at the price of a land session in South Carolina.

Comment: By his own admission [ Ross papers p.26] [ Book Chiefs of Nations cite 45 ,page 242] this delegation were just commissioners delegated from the Cherokee National Council. By their own admission, they had no authority to engage in the South Carolina Treaty “ we are not authorized to dispose of it’. In this treaty, of which they engaged in two, they gave the United States permission to open roads within the Cherokee Nation and ceded land in present GA. and SC. They had no permission from the Cherokee Nation enter into a treaty for this land or allow permission to build forts and open roads. This is probably the reason for the incredible amount of pressure to engage in the exchange of land treaty.

On pages 96 and 97, Conley like Russell attempts to undermine the significance and legitimacy of the 1817 treaty. Conley states that upon Jackson’s orders to meet at the Highwassee agency, western [ Arkansas Cherokees] Cherokees who had since “ begun dealing with the U.S.’ whom just happened to be on their way to Washington, 15 were going to treat, and that Jackson was demanding land for lands already given to these 3,700 Cherokees. Note: these 15 chiefs on the treaty were eastern Cherokee chiefs at this point. Conley then tries to imply that the Council of the Cherokee Nation protested the policy of immigration. He on this page [97] offers only the preamble. This preamble; using the age-old upper-lower town indifference’s regarding ideologies and culture, is contradictory to the actual articles in this treaty. Also, Conley states that members of the eastern Cherokee contested this treaty (he fails to state whom). In reality the 1817 immigration and land exchange treaty was attended by all Chiefs from all parts of the Cherokee Nation, and it was an agreement that was agreed by a quorum of chiefs that included those who were going to immigrate following this treaty, this included , the acting principal chief Toochalar of Wills-town, the number two chief in the Cherokee Nation, The Glass of Running-water-town, the number three chief, Dick Justice of look-out-mountain town, Spring Frog, Wassossee, John Jolly, Tuskekeetchee or Long fellow and several others. This treaty also included Sleeping Rabbit, Cabbin Smith, Walter Adair as interpreter, George Saunders, Charles Hicks and Richard Taylor as interpreters, Kelechulee Big Half breed, Going Snake, George Lowery and many others of the future nationalist committee and members of the constitutional party of 1827[see the 1817 treaty in the Treaty 1817-1819 button link- ex. 6, in this web-site]. These leaders were all from the central division. Note: John Ross nor Ridge attended and it is important to note that the only treaty either one of them were on prior to this treaty was the illegal or non – sanctioned treaty they both signed at Washington in March of 1816.This is because they were just commissioners that did not have authority to engage in treaties without orders. It is true that Path- killer was opposed to immigration. Conley speaks of the protest which as you can see is false. Following this treaty they did however pretend to disagree to it. They pontificated this at their own councils in December. From Fortville, central division, Richard Taylor, Going Snake and others repudiated this treaty and explained to their audience that they were going to Washington, D. C., to denounce it. (But instead they went to Washington D. C. to see its ratification, crossed paths with all the Chiefs at Knoxville in Feb. 1818 and told them that all was taken care of ) This delegation including Tohluntuskee then went to hear these very words from President James Monroe. Following this, they then began the process of immigration. What transpired after this is the most revolting act ever, prior to the treaty of New Echota. [see immigration link in this web-site]

Very importantly, This treaty never implies that the Cherokee Nations National Council were to have separate powers to be enabled to act separately and independently from each other, especially regarding land cessions. Furthermore, it actually grants, implicitly in the immigrating articles, the idea of futuristic powers. This evidences itself in the overall concept written into this treaty, in that the over-all implication in the treaty explicitly implies that [art. 5 lines 16 – 20. see immigration button in this web-site] “ And it is further stipulated that the treaties heretofore between the Cherokee Nation and the United States are to continue in full force with both parts of the Nation, and both parts thereof entitled to all immunities and privilege which the old nation enjoyed under the aforesaid treaties. An open door policy was to remain for those who wished to immigrate and those whom wished to take a reservation and become a U.S. citizen or remain as an eastern Cherokee. [Art. 4] the annuity, ” to be continued to be divided thereafter in proportion to their numbers”. So in plain terms, despite the fact that there was a greater geographical separation, the Council of the Cherokee Nation was to continue as usual, with the obvious intent that a very large number of Cherokee would immigrate to modern Arkansas. Note: This treaty was the very last agreed to by the true and legitimate Cherokee National Council.
This is reality: The leaders of the Cherokee Nation who agreed to begin the process of exchanging lands in the east for lands in present Arkansas. The very last legitimate treaty: The “ Arkansas Chiefs” listed are actually eastern Chiefs that were going to immigrate following this treaty.

 

On page 100, Conley mentions the treaty of 1819 but very very suspiciously fails to mention, who signed the Treaty.

Comment: Following the departure of the highest chiefs of the Cherokee Nations National Council, John Ross, Charles Hicks, Lewis Ross, George Lowery, John Walker and several others, upon themselves, in total contempt and disregard of the Cherokee National Council, the people and their chiefs, went to Washington, D. C., and signed away over three million acres of the Cherokee Nations most valued lands, exonerated the 1817 treaty stipulations in articles 2 and 4, regarding a full and complete census of those who wanted a reservation [ with the exception of themselves as they were all given 640 acre tracts.], those who wanted to immigrate and those who were already in the Arkansas Cherokee territory.[ better explained in the 1817-1819 web page of this web-site and thoroughly in the book Chiefs of Nations in Chapter five “ Essence of Betrayal” ]. Although they signed away these lands, very importantly, they failed to have stipulated the northern and western boundaries for the Arkansas Cherokee lands; this became the single biggest problem for the Arkansas Cherokee and is what lead to the treaty of 1828.This Non-sanctioned treaty of 1828 served as a filter for the true and legitimate Arkansas Cherokee Chiefs, as only Jolly and his party acted on the terms. Also, Conley on page 104, states that Jolly was voted in as Chief following the death of Tohluntuskee. This is again untrue as Taka-toka ( Degadoga) was the Principal or head beloved chief of the Arkansas Cherokee. [ Taka-toka letter] It is also important to realize that the treaty of 1817 gave equal rights to the Chiefs and their citizens in the Cherokee Nations governmental and societal mechanism and they left on these grounds. The treaty of neither 1819 nor 1828 , can be valid based on these agreements in 1817.Unlike the treaty of New Echota, (in hypothetical terms) these treaties were agreed to without tribal authority of both eastern and western councils, collectively in a general National Council .
Comment: Conley like most or all other authors when considering treaty of 1828, feels as though “everyone involved made the move and the Western Cherokees were all established in what is now eastern Oklahoma.” Under very peculiar circumstances, John Jolly, Walter Webber, John Rogers, James Rogers and others acted against tribal law established in 1825, [see link, Treaty 1817-1819 ex. 14 in this web site) by agreeing to on a non-sanctioned treaty that traded all lands of the 1817 Arkansas Cherokee Nations land domain, for lands “ further west” in what became the “Western Cherokees” and later Oklahoma Cherokee Nation. This reasoning is absolutely inaccurate. This treaty had its desired affect as it fragmented the Arkansas Cherokee and in the case of the eastern Cherokee in 1819 and 1835,it gave the right for the white population to compromise the 4 to 5 thousand Cherokee and submerge itself with its laws and culture. This like any other unprotected American Indian area, served as a vehicle to slowly disintegrate and greatly reduce the most intrinsic social and biological components of the Arkansas Cherokee. As you will note below, as compared to the treaties of 1791 and 1817, including the Chiefs list, the break down of the tribal council is clear and irrefutable evidence.




The treaties and signatories of the Cherokee Nation following the Treaty of 1828.

The government of the Western Cherokee as recorded in their treaty in 1833:

John Jolly, Black Coat, Walter Webber, John Rogers, Wm. Glass (not the same Glass as above as he died in 1824)

The self proclaimed eastern Cherokee government as of 1827:


     Elected to represent various districts were:
     Chicamauga district were: John Ross, John Baldridge
     Chattanooga district: George Lowery and John Brown.
     Amohee district: Edward Gunter, Lewis Ross, Thomas Forman, Hair Conrad
     Coosawatee district: John Martin, Joseph Vann and Kelechulee.
     Hickorylog district: James Daniel, John Duncan.
     Tahquohee/ Toolostieyeh (Valley towns) district Oocleenota, Situakee, and William Boiling.
     Etowah /Hightower district (lower central): Joseph Vann, Thomas Pettit, and John Beamer.
     Tahquohee district (lower Valley): John Timson, Situakee or Sic-a-tow-ee.149

Finally, on page 141 of Author Robert J. Conley’s Cherokee history book he states that the Cherokee treaty party met at New Echota, and that John Ross was at Washington, D.C. He mentions the preamble of this treaty and even quotes from it. This is very interesting because this very preamble indicates that John Ross, Richard Taylor( a government agent),Daniel McCoy, Samuel Gunter and William Rogers, did in fact endeavor to travel to Washington , D.C. to enter into treaty negotiations for the sale of the remainder of the Cherokee Nations lands. Please remember this treaty was published in the American Statutes at large Vol. 7 in 1863, long before anybody would have pretensions about what actually happened. Note : John Ross and his party did pass a law in their constitution that delegated them power to make treaties and he nor did any of them veto this treaty [see the link Eastern Cherokee ex. 6] . Also by removing to the new Indian Territory, He along with all his party, agreed to this treaty by acting on it, and receiving the land and provisions.