Declaration by the People of the Cherokee Nation of the
Causes
Which Have Impelled Them to Unite Their Fortunes With Those of the
Confederate States of America.
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.