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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: rustbucket
having the scalawag/turncoat/traitor to his state, 'ole WP, "after you" is like being nibbled to death by nits.

N-S is far smarter than the scalawag.

free dixie,sw

301 posted on 01/10/2004 11:27:38 AM PST by stand watie (Resistance to tyrants is obedience to God. ,T. Jefferson)
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To: stand watie
Johnston is of my favorites

I'll make sure there's a biography in my next library order. Thanks!

302 posted on 01/10/2004 11:28:00 AM 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
GOOD PLAN!

free dixie,sw

303 posted on 01/10/2004 11:29:02 AM PST by stand watie (Resistance to tyrants is obedience to God. ,T. Jefferson)
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To: Non-Sequitur
perhaps because they were owned by her father??????

free dixie,sw

304 posted on 01/10/2004 11:32:44 AM PST by stand watie (Resistance to tyrants is obedience to God. ,T. Jefferson)
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To: Agnes Heep
FYI, this country is NOT a democracy. it is a REPUBLIC!

free the southland,sw

305 posted on 01/10/2004 11:45:59 AM PST by stand watie (Resistance to tyrants is obedience to God. ,T. Jefferson)
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To: ItsTheMediaStupid
ping
306 posted on 01/10/2004 12:16:51 PM PST by southland
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To: rustbucket
Gee, rustbucket, if you extended the indictment of slavery to all of 18th- and 19th-century America, you might begin to conclude that the country was founded on deeply compromised premises, don't you think? And that the country might need to be refounded on new bases that were more modern and less.....bourgeois, don't you think?

I'm sure glad we are so wealthy in vanguard thinkers who will be willing to help take us there. I bellyfeel doubleplusgood newthinkers, don't you, 'bucket?

307 posted on 01/10/2004 12:36:29 PM PST by lentulusgracchus
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To: lentulusgracchus
The new refounded country would have to be based on European sensibilities (European countries have done so well), and our tax rates would have to be increased to match theirs so as not to give us an economic advantage.

Sandra Day O'Connor has already started the process.
308 posted on 01/10/2004 12:59:38 PM PST by rustbucket
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To: rustbucket
Sandra Day O'Connor has already started the process.

What was her contribution?

BTW, any takers for the idea of moving the Supreme Court out of Washington and away from the social wiles of the successors of the late Pamela Harriman? Seems that Justice Souter found the advantages of liberalism at her parties.......

Move them all to Cheyenne Mountain, and let them rule from there!

309 posted on 01/10/2004 1:08:58 PM PST by lentulusgracchus
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To: carton253
Bump.
310 posted on 01/10/2004 1:14:18 PM PST by 4CJ (Dialing 911 doesn't stop a crime - a .45 does.)
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To: lentulusgracchus
What was her contribution?

She's headed down the slippery slope of the "Living Constitution", where the Constitution is subject to fads and changes in public opinion. (O'Connor and European Law). This type of thinking will ultimately erode our freedoms and form of government. Our Constitution doesn't need to be interpreted based on European law. Nor do we need judicial activists writing laws from the bench.

The fact that some of the authors of the Constitution and Bill of Rights owned slaves doesn't mean these documents themselves are flawed. If they need changing, there is a process to change them, and it does not involve judicial activists.

311 posted on 01/10/2004 1:46:12 PM PST by rustbucket
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To: lentulusgracchus
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.

Judah P. Benjamin once challenged Jefferson Davis to a duel (both were Senators at the time). Davis did admit that he was wrong, and the duel avoided.

312 posted on 01/10/2004 1:58:37 PM PST by 4CJ (Dialing 911 doesn't stop a crime - a .45 does.)
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To: Non-Sequitur
Lee, Jackson, Stand Watie all owned slaves.

Even if they did, EVERY single founding father in the federal and state conventions that agreed to ratification - signed off on slavery as being legal.

Every single one.

313 posted on 01/10/2004 2:06:11 PM PST by 4CJ (Dialing 911 doesn't stop a crime - a .45 does.)
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To: rustbucket
Turns out his hero John Marshall owned ten slaves: (Marshall, evil slave holder).

ROTF! Thank you much, I'm sure it will his delight!

314 posted on 01/10/2004 2:10:11 PM PST by 4CJ (Dialing 911 doesn't stop a crime - a .45 does.)
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To: 4ConservativeJustices
Every single one.

Which IMHO is the Red-Diaper Revisionists' point. They're using an interpretation of Lincoln's revolution to attack the Framers.

Which they'd have to do, to lay the groundwork for an eventual Marxist revolution in the States, the way Lenin and Iskra had to attack first the Imperial Russian government, and then Kerensky's.

315 posted on 01/10/2004 3:04:11 PM PST by lentulusgracchus
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To: stand watie
southerners wanted to be FREE from a government that they believed no longer was interested in their rights & best interests ...

Exactly right. For "rights and best interests" read negro servitude. If it had been any other issue it wouldn't have taken a century for the southern black man to acquire the same civil rights as everyone else ... and that at the hands of the hated "federal" government.

If the average southerner (for whom slavery wasn't an issue) had had any sense he would have liberated himself from the southern aristocracy before tackling the bigger projects.

316 posted on 01/10/2004 3:14:21 PM PST by Agnes Heep
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To: lentulusgracchus
Which they'd have to do, to lay the groundwork for an eventual Marxist revolution in the States, the way Lenin and Iskra had to attack first the Imperial Russian government, and then Kerensky's.

Lincoln DEFENDED a slave owner.

317 posted on 01/10/2004 3:55:39 PM PST by 4CJ (Dialing 911 doesn't stop a crime - a .45 does.)
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To: stand watie
perhaps because they were owned by her father??????

No, because that would not explain the two to five slaves owned by Jackson prior to his marriage or the one he bought after the marriage.

318 posted on 01/10/2004 6:11:41 PM PST by Non-Sequitur
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To: stand watie
Mills winning in Tokyo was a day of pride for any real American. It is one of the great American Olympic moments. It is just too bad the technology did not exist to fully record Jim Thorpe's 1912 heroics.
319 posted on 01/10/2004 7:24:23 PM PST by capitan_refugio
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To: 4ConservativeJustices; rustbucket; lentulusgracchus
Lee, Jackson, Stand Watie all owned slaves.

Just a simple statement of fact. No judgment, no condemnation, no criticism expressed or implied. Just the incontrovertible truth that each of these men was a slave owner, a fact supported by incontrovertible evidence. But there is one among you who continues to deny these facts and other facts when presented to him. That was the individual the statement was addressed to.

320 posted on 01/11/2004 4:20:46 AM PST by Non-Sequitur
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