206 BUREAU OF AMERICAN ETHNOLOGY [Bull. 196 



In 1828 Georgia extended her laws over the Cherokees.p^] Their 

 Government was hindered in its operations, their laws counteracted, 

 and some of their citizens imprisoned, the missionaries were forbidden 

 to preach to them, and on their non-compliance, were shamefuUy 

 treated, and imprisoned in the penitentiary. The Cherokees appealed 

 for protection, to the President of the United States, who informed 

 them that he had no constitutional power to protect them.[^'] 



They then petitioned Congress, P^] and while their Petition was 

 pending, a BiU was introduced into Congress for the purpose of 

 enabling them to remove west of the Mississippi; the BiU for the re- 

 moval was passed, and preparations were immediately begun to have 

 it enforced. 



To give some show of law to this deed of violence, a Sham Treaty 

 was made with a few irresponsible Cherokees, who, for love of money, 

 accepted a bribe, and immediately left for the Western Country. P''] 



Meanwhile, many acts of lawlessness were perpetrated on the 

 Cherokees, horses and cattle were driven away, hogs were taken with- 

 out the consent of the owners, murders were committed, and the 

 friends of the slain were powerless to bring the offenders to justice, 



Even the graves of the dead were not safe, but were opened in order 

 to obtain the treasures supposed to be bm-ied with them. 



The Headmen and Chiefs called the people together for the purpose 

 of deciding what course to pursue as the best means of protection. 



Many eloquent speeches were made, but nothing was decided; A 

 few spoke of resistance, that was evidently so unavailing, — it would 

 only be self-destruction; and to the helpless wives and innocent 

 children, more suffering and distress. 



This was a critical time for the Cherokee Nation, its very existence 

 was threatened, and all was to be determined by the Chiefs now in 

 Council. How this great responsibility pressed upon them! perish 

 or remove! it might be, — ^removeanc? perish! along journey through 

 the Wilderness, — could the little ones endure? and how about the 

 sick? the old people and infirm, could they possibly endure the long 

 tedious journey; Should they leave? 



This had been the home of their Ancestors from time out of mind. 



Every thing they held dear on the earth was here, must they leave? 



s« Wahnenauhi Is probably In reference here to the act, passed by the Georgia legislature on December 19, 

 1829, extending State law over a large portion of the Cherokee Nation (Foreman, Q., 1932, p. 229). 



" This is seemmgly in reference to the visit of the delegation, headed by Principal Chief John Ross, to 

 Washington, January-May, 1833 (ibid., p. 247). 



89 "Memorial and Protest of the Cherokee Nation to Congress, June 21, 1836." 



«» The Treaty of New Echota, December 29, 1835. The United States commissioner, Rev. J. F. Schmer- 

 hom (who still lives in Cherokee folklore as "Devll'shom"), himself reported that only 300-500 Cherokees 

 out of a total population of over 17,000 attended the conference for the making of this treaty (Foreman, Q., 

 1932, p. 269) 



