ROYCE, ] TREATY OF DECEMBER 29, 1335. Ao 
was approved, with the understanding that if a treaty should be con- 
cluded the expenses of the delegation would be paid by the United 
States. Ross succeeded in assembling some fifteen or twenty Cherokees 
at the Cherokee agency, all of whom were favorable to the scheme of 
emigration. Under the self-styled appellation of a committee, they pro- 
ceeded to appoint a chief and assistant chief in the persons of William 
Hicks and John McIntosh, and selected eight of their own number as 
the remainder of the delegation to visit Washington.’ 
Protest of John Ross and thirteen thousand Cherokees.—U pon their ar- 
rival Hon. J. H. Eaton was designated2 to conduct the negotiations 
with them. During the pendency of the negotiations Mr. Eaton ad- 
vised John Ross of the purpose in view and solicited his co- -operation 
in the scheme. Mr. Ross refused * this proposal with much warmth, 
and took occasion to add in behalf of the Cherokee Nation that “in the 
face of Heaven and earth, before God and man, I most solemnly pro- 
._ test against any treaty whatever being entered into with those of 
whom you say one is in progress so as to affect the rights and interests 
of the Cherokee Nation east of the Mississippi River.” 
Chief Ross also presented a protest, alleged to have been signed by 
more than thirteen thousand Cherokees, against the negotiation of such 
a treaty. 
Preliminary treaty concluded with Andrew Ross et al.—Disregarding 
the protest of Chief Ross and distrusting the verity of that purporting 
to have been so numerously signed in the nation, the negotiations 
proceeded, and a treaty or agreement was concluded on the 19th day of 
June, 1834. The treaty provided for the opening of emigrant enrolling 
books, with a memorandum heading declaring the assent of the sub- 
seriber to a treaty yet to be concluded with the United States based 
upon the terms previously offered by the President, covering a cession 
and removal, and with the proviso that if no such subsequent treaty 
should be concluded within the next few months then the subscribers: 
would cede to the United States all their right and interest in the 
Cherokee lands east of the Mississippi. In consideration of this they 
were to be removed and subsisted for one year at the expense of the 
United States, to receive the ascertained value of their improvements, 
and to be entitled to all such stipulations as should thereafter be made 
in favor of those who should not then remove. 
The treaty, however, failed of ratification, though the enrolling books 
were opened‘ and a few of the Cherokees entered their names for em- 
gration. 
CHEROKEES MEMORIALIZE CONGRESS. 
While the negotiations leading up to the conclusion of this treaty 
were in progress John Ross and his delegation, finding no disposition 

| Letter of John Ross and others to Secretary of War, inclosing protest, May 24, 1834. 
* Letter of Hon. J. H. Eaton to John Ross, May 26, 1834. 
3May 29, 1834. 
*Seeretary of War to governer of Georgia, July 8, 1834. 
