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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: NativeSon
I did point out earlier that the Cherokee made a lot of wars and dominated surrounding tribes. This wasn't to denigrate--just to put some reality in all the romance. It wasn't the biggest tribe around by accident--it absorbed many other tribes. Andrew Jackson betrayed them cruelly--but they were not without cruelty themselves.

No human being is.

61 posted on 01/07/2004 9:30:46 AM PST by Mamzelle
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To: Agnes Heep
That may be. The fact is that most of the men who made up the Confederate Army were, in their minds at least, fighting for the independence of the South from the Union.

The major travesty of the war is that 600,00+ Americans died.

62 posted on 01/07/2004 9:31:24 AM PST by dixierat22 (keeping my powder dry!)
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To: VadeRetro
the "Place Where We Cried" was about 2 decades before TWBTS!

the damnyankees DID spend an awful amount of time trying to think of something permanent & HATEFUL to do to the CSA Indians, as well as committing mass rapes, assaults,arsons,tortures,looting & THOUSANDS of coldblooded MURDERS of my people, during & after the war. most of these WAR CRIMES were committed against innocent civilians & helpless CSA POWs!

MY family had at least 92 innocent women, elderly men (too old & infirm to bear arms) & small children raped/tortured/sodomized/robbed & MURDERED during a 4-day orgy of drunken violence in 1864.

free dixie,sw

63 posted on 01/07/2004 9:37:42 AM PST by stand watie (Resistance to tyrants is obedience to God. ,T. Jefferson)
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To: dixierat22
the actual number is about 1,000,000 dead.

there were about 400,000 civilan casualties, mnostly caused by the damnyankees!

free dixie,sw

64 posted on 01/07/2004 9:39:52 AM PST by stand watie (Resistance to tyrants is obedience to God. ,T. Jefferson)
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To: Mamzelle
TRUE!

there was only ONE perfect man. they crucified Him!

free dixie,sw

65 posted on 01/07/2004 9:41:05 AM PST by stand watie (Resistance to tyrants is obedience to God. ,T. Jefferson)
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To: Mamzelle
...No human being is

Yes. AI's made/make good soldiers for many reasons, savagery in battle is one.

That the Cherokee survive in numbers today is in good part due to strength. I have never been one to abide the 'romantic eye' on AI's.

66 posted on 01/07/2004 9:42:00 AM PST by NativeSon (born to Dine')
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To: NativeSon
i am reminded of the immortal words of Red Cloud of the Lakota Nation:

"the hairy faces came among us and made us many promises.

more promises than there are leaves on all the trees.

but of all the promises they made, they kept just one.

they said they would take our land away!"

free dixie,sw

67 posted on 01/07/2004 9:45:25 AM PST by stand watie (Resistance to tyrants is obedience to God. ,T. Jefferson)
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To: Happy2BMe
Agree. My great grandfather and family didn't register either. I am doing research now on the Cherokee and reading a book by John Ehle. There was a bounty on Cherokee scalps of $35 by the whites. Didnt' matter whether it was man, woman or child either.
68 posted on 01/07/2004 9:50:58 AM PST by gopheraj
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To: NativeSon
nor i either.

i just want the southland & our tribe to be free of damnyankee (read hateFILLED LIBERAL northeastern elites!) influence.

i want them out of our lives & our house to be left alone. take nothing from us & give us nothing either.

especially keep their "gun control" measures, high taxes,social programs,welfare,busing,murder of the unborn,etc.

free dixie,sw

69 posted on 01/07/2004 9:51:08 AM PST by stand watie (Resistance to tyrants is obedience to God. ,T. Jefferson)
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To: stand watie
It reminds me of the (apocryphal?) story of an Indian chief who was asked what one piece of advice he would give the U.S. President: "Watch your immigration policies!"

Re: Jackson owning slaves. His wife had slaves ... who owned them? Was legal ownership never transferred from her father? If it was, wouldn't the husband (Jackson) be the legal owner, even though he scrupulously spoke of "your (Anna's) garden," "your orchard," etc.? I admit I'm not up on marital-property law of the time.
70 posted on 01/07/2004 9:51:27 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: stand watie
the "Place Where We Cried" was about 2 decades before TWBTS!

Right. The Jackson administration, versus the Lincoln administration. Nevertheless, what I cite happened as well. The Indian Territory was cut in two, with the western half seized and basically neglected by the feds until Oklahoma statehood in 1905.

I was unaware of the particular atrocities you mention during the war itself. I guess the winners write the history.

71 posted on 01/07/2004 9:55:21 AM PST by VadeRetro
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To: stand watie
i want them out of our lives & our house to be left alone. take nothing from us & give us nothing either.

This is all we as AI's have ever wanted. Heck, most true Americans feel the same.

I have stated here on FR before the true destruction of American Indians began with the addiction of dependancy. If Americans want to know what is the outcome of elitism/leftism it is total dependancy on the governemnt for all things.

72 posted on 01/07/2004 9:59:15 AM PST by NativeSon (born to Dine')
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To: Tax-chick
i have NOT checked Stonewall's father-in-laws tax records.

VA's "femme sole laws" as well as "dower & curtsy acts" (passed in the early 1700s) do NOT grant a wife's separate property to her husband upon marriage. all her SEPARATE property remains SEPARATE & passes upon her death to her children, if any. (incidently, i found out about this the hard way when my late wife passed away in 1984. her FATHER received V.K.'s separate property, as she passed away w/o children! i got ZILCH from her estate.)

HIS separate property is SHARED with his wife upon marriage 50/50! (my wife's family got 1/2 of my property upon her death, because she had no living children to inherit her 1/2 of our marital property.)

free dixie,sw

73 posted on 01/07/2004 10:00:03 AM PST by stand watie (Resistance to tyrants is obedience to God. ,T. Jefferson)
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To: Tax-chick
Thomas J. Jackson was noted for his respect of all black folk, freedmen and slaves. He started a Sunday school to teach the youngsters about the Lord and give them a basic education.
74 posted on 01/07/2004 10:01:36 AM PST by stainlessbanner
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To: VadeRetro
to quote Professor Arnold Toynbee, the Oxford historiographer:

"history is fiction, popularly agreed on by tyrants & conquerers!"

free dixie,sw

75 posted on 01/07/2004 10:02:15 AM PST by stand watie (Resistance to tyrants is obedience to God. ,T. Jefferson)
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To: NativeSon
EXACTLY!
76 posted on 01/07/2004 10:02:43 AM PST by stand watie (Resistance to tyrants is obedience to God. ,T. Jefferson)
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To: Jokelahoma
Hey! I take your comment about bass players personally!

I play bass in a hard rock band but even though I'm from NYS I enjoy country and bluegrass music and would love to join a nice old-style country combo.

(I just had to add to the level of hate on a FR Civil War thread!)

hahaha regards,

brainless bass playin' bc2
77 posted on 01/07/2004 10:05:12 AM PST by bc2 (http://thinkforyourself.us)
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To: dixierat22
The major travesty of the war is that 600,00+ Americans died.

We may not be perfect, but we always try to right our wrongs, even at such horrific cost.

78 posted on 01/07/2004 10:12:14 AM PST by Agnes Heep
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To: stainlessbanner
I know that. I'm simply curious about whether he personally owned slaves, since it seems to be a topic of dispute here; trying to expand my knowledge. The answer will not change my opinion of Gen. Jackson, for whom I have named a son :-).
79 posted on 01/07/2004 10:16:39 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: bc2
Heh! I haven't played bass since high school. It's a fun instrument to play. But seriously, with a lot of country music (or some other genres, for that matter) you have to admit, it can be rather, well, unchallenging. I, IV, V, with the occasional II if the songwriter was feeling frisky, and that's it. Criminy, you can play the bass part to "Achy Breaky Heart" and never move your hand. I played keyboards in a Dixie combo in college, just because I only needed one hand to do it most of the time, and could hold my drink in the other hand. In the "boom chick" parts, I could play the "chick" and drink on the "boom". Of course, my bar tabs always seemed to equal my paycheck for the night. Ah, youth.

The "brain damage/country bass player" comment is a running joke I've had for years. I've only added the Lew Rockwell.com part in the last couple years, because it seemed appropriate. Oh well, back to my Curious George books. It's getting good! Boy, can that little monkey get in lots of trouble! My article is soooo going to rock...

80 posted on 01/07/2004 10:20:59 AM PST by Jokelahoma (Animal testing is a bad idea. They get all nervous and give wrong answers.)
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