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Why the Cherokee Nation Allied Themselves With the Confederate States of America in 1861
Lew Rockwell.com ^ | January 7, 2004 | Leonard M. Scruggs

Posted on 01/07/2004 7:12:30 AM PST by Aurelius

Many have no doubt heard of the valor of the Cherokee warriors under the command of Brigadier General Stand Watie in the West and of Thomas’ famous North Carolina Legion in the East during the War for Southern Independence from 1861 to 1865. But why did the Cherokees and their brethren, the Creeks, Seminoles, Choctaws, and Chickasaws determine to make common cause with the Confederate South against the Northern Union? To know their reasons is very instructive as to the issues underlying that tragic war. Most Americans have been propagandized rather than educated in the causes of the war, all this to justify the perpetrators and victors. Considering the Cherokee view uncovers much truth buried by decades of politically correct propaganda and allows a broader and truer perspective.

On August 21, 1861, the Cherokee Nation by a General Convention at Tahlequah (in Oklahoma) declared its common cause with the Confederate States against the Northern Union. A treaty was concluded on October 7th between the Confederate States and the Cherokee Nation, and on October 9th, John Ross, the Principal Chief of the Cherokee Nation called into session the Cherokee National Committee and National Council to approve and implement that treaty and a future course of action.

The Cherokees had at first considerable consternation over the growing conflict and desired to remain neutral. They had much common economy and contact with their Confederate neighbors, but their treaties were with the government of the United States.

The Northern conduct of the war against their neighbors, strong repression of Northern political dissent, and the roughshod trampling of the U. S Constitution under the new regime and political powers in Washington soon changed their thinking.

The Cherokee were perhaps the best educated and literate of the American Indian Tribes. They were also among the most Christian. Learning and wisdom were highly esteemed. They revered the Declaration of Independence and the U.S. Constitution as particularly important guarantors of their rights and freedoms. It is not surprising then that on October 28, 1861, the National Council issued a 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.

The introductory words of this declaration strongly resembled the 1776 Declaration of Independence:

"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."

In the next paragraphs of their declaration the Cherokee Council noted their faithful adherence to their treaties with the United States in the past and how they had faithfully attempted neutrality until the present. But the seventh paragraph begins to delineate their alarm with Northern aggression and sympathy with the South:

"But Providence rules the destinies of nations, and events, by inexorable necessity, overrule human resolutions."

Comparing the relatively limited objectives and defensive nature of the Southern cause in contrast to the aggressive actions of the North they remarked of the Confederate States:

"Disclaiming any intention to invade the Northern States, they sought only to repel the invaders from their own soil and to secure the right of governing themselves. They claimed only the privilege asserted in the Declaration of American Independence, and on which the right of Northern States themselves to self-government is formed, and altering their form of government when it became no longer tolerable and establishing new forms for the security of their liberties."

The next paragraph noted the orderly and democratic process by which each of the Confederate States seceded. This was without violence or coercion and nowhere were liberties abridged or civilian courts and authorities made subordinate to the military. Also noted was the growing unity and success of the South against Northern aggression. The following or ninth paragraph contrasts this with ruthless and totalitarian trends in the North:

"But in the Northern States the Cherokee people saw with alarm a violated constitution, all civil liberty put in peril, and all rules of civilized warfare and the dictates of common humanity and decency unhesitatingly disregarded. In the states which still adhered to the Union a military despotism had displaced civilian power and the laws became silent with arms. Free speech and almost free thought became a crime. The right 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 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 warranting it under the pretense of suppressing unlawful combination of men."

The tenth paragraph continues the indictment of the Northern political party in power and the conduct of the Union Armies:

"The humanities of war, which even barbarians respect, were no longer thought worthy to be observed. Foreign mercenaries and the scum of the cities and the inmates of prisons were enlisted and organized into 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 the 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 without process of law, in jails, forts, and prison ships, and even women were imprisoned by the arbitrary order of a President and Cabinet Ministers; while the press ceased to be free, and the publication of newspapers was suspended and their issues seized and destroyed; the officers and men taken prisoners in the battles were allowed to remain in captivity by the refusal of the 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."

The eleventh paragraph of the Cherokee declaration is a fairly concise summary of their grievances against the political powers now presiding over a new U. S. Government:

"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 destiny are inseparably connected to those of the south. The war now waging 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 Cherokees felt they had been faithful and loyal to their treaties with the United States, but now perceived that the relationship was not reciprocal and that their very existence as a people was threatened. They had also witnessed the recent exploitation of the properties and rights of Indian tribes in Kansas, Nebraska, and Oregon, and feared that they, too, might soon become victims of Northern rapacity. Therefore, they were compelled to abrogate those treaties in defense of their people, lands, and rights. They felt the Union had already made war on them by their actions.

Finally, appealing to their inalienable right to self-defense and self-determination as a free people, they concluded their declaration with the following words:

"Obeying the dictates of prudence and providing for the general safety and welfare, confident of the rectitude of their intentions and true to their obligations to duty and honor, they accept the issue thus forced upon them, unite their fortunes now and forever with the Confederate States, and take up arms for the common cause, and with entire confidence of the justice of that cause and with a firm reliance upon Divine Providence, will resolutely abide the consequences.

The Cherokees were true to their words. The last shot fired in the war east of the Mississippi was May 6, 1865. This was in an engagement at White Sulphur Springs, near Waynesville, North Carolina, of part of Thomas’ Legion against Kirk’s infamous Union raiders that had wreaked a murderous terrorism and destruction on the civilian population of Western North Carolina. Col. William H. Thomas’ Legion was originally predominantly Cherokee, but had also accrued a large number of North Carolina mountain men. On June 23, 1865, in what was the last land battle of the war, Confederate Brigadier General and Cherokee Chief, Stand Watie, finally surrendered his predominantly Cherokee, Oklahoma Indian force to the Union.

The issues as the Cherokees saw them were 1) self-defense against Northern aggression, both for themselves and their fellow Confederates, 2) the right of self-determination by a free people, 3) protection of their heritage, 4) preservation of their political rights under a constitutional government of law 5) a strong desire to retain the principles of limited government and decentralized power guaranteed by the Constitution, 6) protection of their economic rights and welfare, 7) dismay at the despotism of the party and leaders now in command of the U. S. Government, 8) dismay at the ruthless disregard of commonly accepted rules of warfare by the Union, especially their treatment of civilians and non-combatants, 9) a fear of economic exploitation by corrupt politicians and their supporters based on observed past experience, and 10) alarm at the self-righteous and extreme, punitive, and vengeful pronouncements on the slavery issue voiced by the radical abolitionists and supported by many Northern politicians, journalists, social, and religious (mostly Unitarian) leaders. It should be noted here that some of the Cherokees owned slaves, but the practice was not extensive.

The Cherokee Declaration of October 1861 uncovers a far more complex set of "Civil War" issues than most Americans have been taught. Rediscovered truth is not always welcome. Indeed some of the issues here are so distressing that the general academic, media, and public reaction is to rebury them or shout them down as politically incorrect.

The notion that slavery was the only real or even principal cause of the war is very politically correct and widely held, but historically ignorant. It has served, however, as a convenient ex post facto justification for the war and its conduct. Slavery was an issue, and it was related to many other issues, but it was by no means the only issue, or even the most important underlying issue. It was not even an issue in the way most people think of it. Only about 25% of Southern households owned slaves. For most people, North and South, the slavery issue was not so much whether to keep it or not, but how to phase it out without causing economic and social disruption and disaster. Unfortunately the Southern and Cherokee fear of the radical abolitionists turned out to be well founded.

After the Reconstruction Act was passed in 1867 the radical abolitionists and radical Republicans were able to issue in a shameful era of politically punitive and economically exploitive oppression in the South, the results of which lasted many years, and even today are not yet completely erased.

The Cherokee were and are a remarkable people who have impacted the American heritage far beyond their numbers. We can be especially grateful that they made a well thought out and articulate declaration for supporting and joining the Confederate cause in 1861.

PRINCIPAL REFERENCES:

Emmett Starr, History of the Cherokee Indians, published by the Warden Company, Oklahoma City, Oklahoma, 1921. Reprinted by Kraus Reprint Company, Millwood, New York, 1977.

Hattie Caldwell Davis, Civil War Letters and Memories from the Great Smoky Mountains, Second Edition published by the author, Maggie Valley, NC, 1999.


TOPICS: News/Current Events
KEYWORDS: americanindians; dixie; dixielist
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To: Aurelius
Psst, the South lost.
261 posted on 01/09/2004 12:04:51 PM PST by Right Wing Puppy
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To: stand watie
Yes, poor General Lee married into debt, if I recall. Mary Custis' father was a famous spendthrift, mortgaged his estate, and dumped the whole thing in R.E. Lee's lap by making him executor of his will ... and that was after he'd grown up scraping for money, since "Lighthorse Harry" was also notably shiftless...

Of course, nobody at the time, even the wealthiest, had running water, central air conditioning, antibiotics, or the basic civilities we take for granted today. I may have my baby at the Volunteer Fire Department (given the traffic around here ...), but at least I'm having it in 2004, not 1854!
262 posted on 01/09/2004 12:14:42 PM PST by Tax-chick (I reserve the right to disclaim all January 2004 posts after the BABY is born!)
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To: carton253
Just to quibble, again ... in the absence of other information (and I accept Robertson's research on the subject, to the extent that I really care :-), your highlighted quotes do not specify slaves. All of those terms, including "master," could be used to described hired black workers, either free workers or another owner's slaves. "Master" was the common term in Victorian times for any employer of labor; domestic labor notably, but even for factory employers.
263 posted on 01/09/2004 12:19:49 PM PST by Tax-chick (I reserve the right to disclaim all January 2004 posts after the BABY is born!)
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To: capitan_refugio
I gotta ask: Are there any Cherokee Casinos?
264 posted on 01/09/2004 12:21:04 PM PST by PJ-Comix
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To: PJ-Comix
Yes, one big one in North Carolina, and at least one in Oklahoma (Owasso). The one in OK has a big expansion underway; my husband applied to do their computer network, before we moved to NC last year! I'm sure the Oklahoma nation has others, at least Bingo halls out in their population centers. There was also a bingo joint opened by a splinter group in OK (United Keetowah Band), but I'm pretty sure the state shut them down, and may also have recalled their license plates.

It was an ugly situation for a while, fistfights on the courthouse lawn in Tahlequah, some unsolved shootings. I don't know if the "Cherokee Phoenix" newspaper is online (chance 33_93 often posts Indian articles, you could ask him about his links).
265 posted on 01/09/2004 12:25:51 PM PST by Tax-chick (I reserve the right to disclaim all January 2004 posts after the BABY is born!)
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To: Tax-chick
Just to quibble

When I read your post, all I could hear was Bill Clinton during his deposition quibbling over the meaning of the word is.

For those who do not want to accept the fact that Jackson owned slaves, they could say that the quotes from Anna Jackson's books "describe hired black workers, either free workers or another owner's slaves".

But could one really believe that during the times she is writing about and in the context she uses these words... she is talking about anything other than slaves?

266 posted on 01/09/2004 12:40:49 PM PST by carton253 (It's time to draw your sword and throw away the scabbard... General TJ Jackson)
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To: Jokelahoma; I_dmc
[Jokelahoma] The argument put forth, that "the Cherokee fought with the South, so the Feds MUST have been wrong" is tenuous to begin with. "All cows have hair, Bob has hair, so Bob must be a cow", if you will.

Your first statement of his argument (to put a name to your complaint) points out that he is advancing what I think debaters would call a syllogistic error, specifically the error called an "illicit minor": the subject of his major conclusion (about the Civil War) talks about all of the Lincolnian cause, but the premise (about the Cherokee declaration) only mentions one case in point.

Your second statement, of the form of the original poster's error, I think is of the form of a category error, specifically an error of composition, in which specific characteristics (hair) of a part of something (Bob) are sufficient to assign him to a category (cow).

If anything, the obvious omission of pertinent prior events makes the argument even weaker and therefore undermines his position somewhat.

You are now accusing him of an inductive error, either hasty generalization (the experience of the Oklahoma Indians with Federal policy is too narrow to generalize about federal policy) or else unrepresentative sample, i.e. the policies being complained about in the Indian declaration are unrepresentative of the policies of the federal government as a whole.

Picking two whole sources and quoting one document that supports his position while flatly ignoring anything that doesn't support his position or may call it into question in the least smacks of Democratic candidate methodology.

You're describing another inductive fallacy now -- exclusion (picking your data).

Seems you have a few complaints with the post!!

;^)

267 posted on 01/09/2004 12:47:16 PM PST by lentulusgracchus
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To: lentulusgracchus
Your post just brought back the horrors of critical thinking class. LOL!
268 posted on 01/09/2004 12:48:32 PM PST by carton253 (It's time to draw your sword and throw away the scabbard... General TJ Jackson)
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To: stand watie
had we southrons won, the "plantation elites" might well been next on the "list of enemies" after the damnyankee elites, the railroads, the robber barons, etc.

That's an interesting argument. The tension there would have been between Southerners' cultural tendency to defer, inherited from polite colonial society, and their prickly consciousness of their own rights, their own pride, and their self-respect as the heirs of Jefferson and Jackson.

The People described by Alexis DeTocqueville didn't take much off anybody. Insult a man in the Old South, rich or poor, and you might wind up with an Arkansas toothpick or a gentlemanly pistol-ball in your ribs. Being called out under code duello or just getting your ass kicked would have been mostly an accident of the society you were keeping when you screwed up!

269 posted on 01/09/2004 12:59:06 PM PST by lentulusgracchus
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To: carton253
Sorry about that! May I suggest Alka-Seltzer? Eases the head while calming the tummy! -- LOL!
270 posted on 01/09/2004 1:00:46 PM PST by lentulusgracchus
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To: carton253
But could one really believe that during the times she is writing about and in the context she uses these words... she is talking about anything other than slaves?

Well, it sounds like his man Lewis was a hireling, either free or bond. Either way, he was paying someone what Tax-Chick pointed out was a wage. That implies he didn't own the man.

I've never seen any data on what proportion of the Southern labor resource was hired labor (I mean, from an agency or an owner, or a free contractor), versus chattel slave, versus employed labor.

Granting that there wasn't much difference, back then, between employed and contract labor, as long as you were talking about free men.

271 posted on 01/09/2004 1:05:17 PM PST by lentulusgracchus
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To: Tax-chick
Ping. Your doorbell is ringing.
272 posted on 01/09/2004 1:06:09 PM PST by lentulusgracchus
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To: lentulusgracchus
That was one bear of a class... partly because the Prof couldn't make up his mind what he wanted from us...
273 posted on 01/09/2004 1:10:22 PM PST by carton253 (It's time to draw your sword and throw away the scabbard... General TJ Jackson)
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To: lentulusgracchus
I'm giving up the fight... I'm throwing in the towel... I'm yielding the field.... yes, I'm taking my ball and going home for the evening!

You all win... I declare you the victor!

Enjoy the spoils! LOL!

274 posted on 01/09/2004 1:13:23 PM PST by carton253 (It's time to draw your sword and throw away the scabbard... General TJ Jackson)
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To: carton253
Could I have the macaroni instead?
275 posted on 01/09/2004 1:14:18 PM PST by lentulusgracchus
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To: lentulusgracchus
One helping or two! LOL!
276 posted on 01/09/2004 1:21:39 PM PST by carton253 (It's time to draw your sword and throw away the scabbard... General TJ Jackson)
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To: lentulusgracchus
But I... I mean... and that... syllogistic... fallacy... Uh... yeah! What you said!

Thank you for reminding me why I was a musician and never studied forensics (as my posts here no doubt prove). Give me notes on a paper and I can understand it. Give me that type a breakdown of what I just said, and I'm left scratching my head. For the sake of my pride, I'll assume "I done good". For the sake of my ego, please don't tell me if I didn't. :-)

You're correct, however, that I don't much care for the article. It did give both sides of the argument all the toehold they needed to launch into the debate, so I guess it served its purpose. And it's fun to watch these threads evolve (some might say devolve) as the topic slowly changes based on the content of replies. Who knew that an article about the Cherokee declaring war on the Union would end up in a debate as to whether or not Stonewall owned slaves? By the way, does Godwin's Law apply on Free Republic, or is that a Usenet only rule? :-)

277 posted on 01/09/2004 1:21:46 PM PST by Jokelahoma (Animal testing is a bad idea. They get all nervous and give wrong answers.)
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To: Jokelahoma
That's the beauty of Free Republic.... every thread is an adventure.

And you learn alot too!

278 posted on 01/09/2004 1:26:08 PM PST by carton253 (It's time to draw your sword and throw away the scabbard... General TJ Jackson)
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To: PJ-Comix
Just follow Pete Rose around. If there are any, he'll be there.
279 posted on 01/09/2004 1:45:09 PM PST by capitan_refugio
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To: stand watie
Hi there Stand, how are you doing?

Wasn't "Running Brave" also the name of a movie about Mills, or based on his life?

280 posted on 01/09/2004 1:48:05 PM PST by capitan_refugio
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