ROYCE. | TREATY OF DECEMBER 2), 1835. 281 
pose of negotiating and agreeing upon the terms of a treaty. The no- 
tice was also printed in Cherokee and cireulated throughout the nation, 
informing the Indians that those who did not attend would be counted 
as assenting to any treaty that might be made.' In the mean time 
the Ross delegation, authorized by the Red Clay council to conclude a 
treaty either there or at Washington, finding that Schermerhorn had 
no authority to treat on any other basis than the one rejected by the 
nation, proceeded, according to their people's instructions, to Washing- 
ton. Previous to their departure, John Ress was arrested. This took 
place immediately upon the breaking up of the council. He was de- 
tained some time under the surveillance of a strong guard, without any 
charge against him, and ultimately released without any apology or ex- 
planation. At this arrest all his papers were seized, including as well 
all his private correspondence and the proceedings of the Cherokee 
council.’ In accordance with the call for a council at New Echota 
the Indians assembled at the appointed time and place, to the number 
of only three to five hundred, as reported? by Mr. Schermerhorn him- 
self, who could hardly be accused of any tendency to underestimate the 
gathering. That gentleman opened the council December 22, 1835, in 
the absence of Governor Carroll, whose health was still such as to pre- 
vent his attendance. The objects of the council were fully explained, 
the small attendance being attributed to the influence of John Ross. 
It was also suggested by those unfriendly to the proposed treaty as a 
good reason for the absence of so large a proportion of the nation, that 
the right to convene a national council was vested in the principal 
chief, and they were unaware that that officer’s authority had been del- 
egated to Mr. Schermerhorn.? 
Those present resolved on the 23d to enter into negotiations and ap- 
pointed a committee of twenty to arrange the details with the Commis- 
sioner and to report the result to the whole council. 
The following five days were occuqied by the commissioner and the 
committee in discussing and agreeing upon the details of the treaty, 
one point of difference being as to whether the $5,000,000 consideration 
for their lands as mentioned in the resolution of the Senate was meant 
to include the damages to individual property sustained at the hands 
of white trespassers. 
The Indians insisted that $300,000 additional should be allowed for 
that purpose, but it was finally agreed that the treaty should not be 
presented to the Senate without the consent of their delegation until 
they were satisfied the Senate had not included these claims in the sum 
named in the resolution of that body. It was also insisted by the Cher- 
okee committee that reservations should be made to such of their people 

‘See proceedings of council. 
* National Intelligencer, May 22, 1838. 
* Schermerhorn to Commissioner of Indian Affairs, December 31, 1835. 
