T' ,^ /\v;^'\ c°^la^^^-o .^*\.j^:;;^'/v / >u.v ^^/^fi^.'. >^,< .'«?^ia'- -^bv* :"^i^'- ""^-^o*" •'^iB*-. '-^bv*' ^'ssm>^\ ^fu.rs "^O^ 0' V '.v.' A 4^°^ ''^ .j^r:.'. *> -s' '^<. v^ '.rfSS^^'- O .^J- ♦ V •1*"' c>.v '- -*:,.*" .'^W^"o 'Cr^^'5' oVoo-..V /\.i^.\ C'°^4^^^'^°o / o • • , , .V . . . - ■*: aV **, C :< -^^0^ :', .."•. "^b A^ .v. V-^^ '^^^^ .v-^^^ia'- <^^w*' -^d^ll^^\ '-^u-n^ -*«^ia'-. ^ov* -''- %^f^'\^^' ^^^-'Z *^^'.^\/ •^.?„ c*^ ^-...V' 'VCT* .A •/ ^^^'^^^ ''WW.' /'S, -.^IK-* ^^^'^^^ '-W^-* /'X '^0.' ^"^"^^^ ° 0^ \/*'. * G* \'^ 'j^SWi-^*- *5 'bV 'bV V*'"^\«^^ %*^-**/ V*^'*y' '■• **..** .-isSte-. ■%..** .-ate-. **-.** .-isMi-. \./ •^™^'- *' ° • * ' A<^ 9^ *'7Vr« A -(T. 0* ."JL**- 'b. .^* .•"-•■• 't -^0^ . *»Tr,.' .o-" .G^ V ♦'TTT* A 1^ .• O. »..^' aO Ele,renth Census: 1890. Eastern Cherokees. Nta. Y^t E,i.,Tanns i I-rh,im.j Co EASTERN BAND OF NORTH CAROLINA CHEROKEES, Principal Chief, NIMROD J. SMITH, " Cha-la-di-hih," "Charles the Killer.' ■U>S. Ce,n^A^. o-r^^. WtV ctni^t, i^'l^' ELEVENTH CENSUS OF THE UNITED STATES. ROBERT P. PORTER, SUPERINTENDENT. Extra Census Bulletin INDIANS, EASTERN BAND OF CHEROKEES OF IN^ORTH CA.R0LI:N^^4^. BY THOMAS DONALDSON, EXPERT SPECIAL AGENT. ■WASHINGTON, D. C. UNITED STATES CENSUS PRINTING OFFICE. 1892. LETTER OF TRANSMITTAL. DEPARTMENT OF THE INTERIOR, Census Office, Washington, D. C, February 25, 1892. Sib: The statistics aud condition of the Indians given in the present bulletin, as provided in tlie census law of March 1, 1889, show the status of the Eastern Band of Cherokees of North Carolina, with incidental mention of the Eastern Cherokees. These Indians are taxed, have developed into good citizens of the United States, and vote in North Carolina. Thej' are almost entirely self-supporting, receiving only a small allowance from the United States for educational purposes. A few mechanics are found among them, but their chief occupations are farming, lumbering, and day labor. They are a moral, law-abiding, and industrious people, and the censuses from 1850 to 1890 show them to be increasing. The band, which has been incorporated by the general assembly of North Carolina as The Eastern Band of Cherokee Indians, occupies the tract known as the Quallu boundary. The other Eastern Cherokees mentioned reside in the states of Alabama, Georgia, and Tennessee, and are citizens of the United States and of the states named. The bulletin was prepared by Mr. Thomas Donaldson, expert special agent of the Census Office, and the report on the condition of these Indians was made under his direction by General Henby B. Cakrington, United States army (retu-ed), special agent for the collection of statistics of the Eastern Band of Cherokees. Very respectfully, ROBERT P. PORTER, SupcrintendoU of Census. The Secretary of the Interior. :^t Eleventh Census: 1890. Eastern Cherokees. Kiiiiio^llr South Western N.C -55^ .'■.-■ C^H.n... INDIAN POPULATION. 1,520 IN NORTH CAROLINA. „. LAND AREA 65.000 ACRES Uf which lan^ SO. OffOAcrv^a/fesfir/ta/t'c/ /e/U^m ////• lui^ (/rf//ifu/i Coii/i/t^x *^ ^-^^^V^ ReducedOutline ofSuhvey 3l?L C> oT/iV*^ BY ^/it ^V^ APPfOVEDATTMEUSlANOOmceiaTj?/ MARGINAL NOTE lon^A/tcmn as BirdTomt.I^aoHrHiU.holfTonTi. •Faint Tomt.an^^u^GtreTomi. T)iest(vntIbfmjn£sCMralieFfvniajjivi^Ute tlS. Affniici/ cuuf Tramtjiy School. BioCotfi^ sunpli^ cail^ri 77ie Core. n'hUtder 0/1 l/i^fftrluna/nl and Damil/fStidI Road u tiun^fire.^1 S^afwn a/it/ 7'eU^mph. Office. Bryso/t Ci/y. Cou/t/i/ Seat of\St*din County, is JO *3fUej S. Jt:fr0m C/CeroHfe. lYaetuat Hoods U MAP SHOWING THE CHIEF LOCATIONS AND LANDS OF THE IN NORTH CAROLINA AND OF THE STATES AOJOININC. ■%i^ ^J r*c« -d '^•'•^- «S£v:<5«.*Mtf. iKyo. jV,-i. York EMxrating fi^■ f'rhilin^ Co. Map showing the Chief Location and Lands of the Eastern Band of Cherokees, in Cherokee, Jackson, Graham, and Swain Counties, North Carolina STATISTICS OF INDIANS. BY THOMAS DONALDSON. EASTERN BAND OF CHEROKEES OF NORTH CAROLINA AND EASTERN CHEROKEES. (INDIANS TAXED.) The report ou the condition of the Eastern Baud of Cherokees of southwe,stern North Carolina in 1890, with incidental mention of the Eastern Cherokees, shows that this band of Indians, with very little if any care or attention on the part of the national government, has become self-sustaining and self-reliant, and that the members thereof have developed into good citizens of the United States and the state of North Carolina. While nominally a tribe or band, so incorporated for certain purposes, with a chief and a council, these Indians are in fact as truly citizens of North Carolina as are any people within the borders of the state. They have never been considered reservation Indians, and therefore the Indian policj^ of the United States has not been applied to them. There is a United States Indian agent among them, who is a member of the band, as many of his predecessors have been. His duties are nominal, and his salary is $800 per year. The different censuses show the Eastern Cherokees in North Carolina to be increasing in number. In 18.50, when they were in Haywood county, they numbered 710 ; in 1890. still residing in the same locality, they are returned as numbering 1,520. In 1860, 1870, and 1880 they were enumerated as part of the population of the state. The Eastern Band of Cherokees is now a body politic and corporate under the name, style, and title of The Eastern Baud of Cherokee Indians, with all the rights, i^rivileges, franchises, and powers incident and belonging to corporations under the laws of the state of North Carolina. The band was incorporated by the general assembly of North Carolina March 11, 1889. (Laws of North Carolina, 1889, chapter 211, page 889.) The Eastern Band of Cherokees of North Carolina, 1,520 in number, reside on lands in portions of Cherokee, Graham, Jackson, and Swain counties, in southwestern North Carolina. There is no reservation, but the tract occupied by these Indians, known as the Qualla boundary, contains about 65,000 acres, and is held in fee by the Eastern Band of Cherokees and the Eastern Cherokees once resident of this region, but who removed west, and are now one of the Five Civilized Tribes, occupying lands in Indian territory. These Indians, although many are full-blood Cherokees, are citizens of the United States and are voters and taxpayers in North Carolina. Tliey are Indians taxed, and are classed as enterjirising, moral, and law-abiding. They are almost entirely self-supporting, receiving only a small allowance from the United States for educational purposes. Farming, lumbering, and daj' labor are tlie chief occupations of these Indians, but some few mechanics are found among them. Many of them hire out as farmers and laborers. They have a written language, and while in many respects are progressive, seeking the knowledge best suited to their present condition, still they preserve some traditions and customs of their old Indian life. The Indian farming tracts are small, as will be seen by the map. THE EASTERN CHEROKEES. The total number of Eastern Cherokees in 1890 is given as 2,885. Of this number 1,520 live in North Carolina, and are known as tlie Eastern Band of Cherokees of North Carolina; 036 are said to live in Georgia, 318 in Tennessee, and 111 in Alabama. In 1884 the number in North Carolina was given as 1,881. Since 1884 some of this band have moved into adjoining states and others have joined the Cherokees in Indian territory. The few living in Kentucky, Virginia, and other states have become incorporated into the white ijopulation. The economic and social condition of the Eastern Cherokees residing in Alabama, Georgia, and Tennessee is about the same as of those residing in North Carolina. They are entirely self-supporting and are citizens of the several states wherein they reside. The Eastern Cherokees do not now receive anj' portion of the annuities given yearly to the Cherokees of Indian territory, the Supreme Court of the United States having decided that they were not entitled to participate in them. The Eastern Band of Cherokees of North Carolina receive only a small sum annually from the United States in aid of their schools. 7 S STATISTICS OF INDIANS. In 1884 Hon. Hh-ani Price, Commissioner of Indian Affairs, in his annual report, mentioned the several censuses of the Eastern Cherokees, as follows : (a) In September, 1882, Joseph G. Hester ivas appointed agent to take a census and make a list of all the Cherokee Indians residing east of the Mississippi river, as required by an act approved August 7, 1882. To assist him in this work I furnished him with copies of 4 previous lists of this people: one taken by J. C. Mnllay as early as 1848, containing the names of all who resided in the state of North Carolina at the time of tlie treaty of 1836, and who had not removed west, and one taken by D. W. Siler in pursuance of an act approved September 30, 1850, which, it is believed, includes all of these people then residing in North Carolina, Georgia, Tennessee, and Alabama. This roll was used by Alfred Chapman, acting for this department, in the following year to make a per capita pajTuent to the Eastern Cherokees, and in doing so he found it necessary from evidence presented to make a few changes, so that a copy of the pay roll made by him was also given to the agent, together with a copy of a list of these people taken by S. H. Swetland under an act approved July 27, 1868. In consequence of the wide distribution of tliese Indians and their descendants over many states, a great majority living in localities remote from all usual routes of travel, the ta.sk proved to be of much greater magnitude, difficulty, and expense than was at Krst anticipated, and it was not until the .")th of last January that it could be completed and the list submitted. It contains the names of 1,881 members residing in North Carolina, 758 in Georgia, 213 in Tennessee, 71 in Alabama, 11 in Kentucky, 8 in New Jeisey, 5 in Virginia, 3 each iu Kansas (at present) and South Carolina, and 1 each in California, Colorado, and Illinois (at present), making a total membership of 2,956. It gives the English and Indian names (when they have both), the age and sex of each, and the residence or post-office address of every family or single person, together with the relationship of each member of a family to the head thereof. Reference is also made to the numbere opposite their names or the names of their ancestors on the previous rolls above noted that they may be identified there, and there are such marginal references and explanatory notes as specLal cases seemed to require. Thus, no person's name was enrolled on this list whose name or the name of whose ancestor does not appear on some one of the previous lists, and all except 47 on the previous lists are accounted for, either as dead, as having gone west to reside with the nation in the Indian territory, or by enrollment as now residing east of the Mississippi river. These 47 pereons, whose whereabouts could not be a,scertained, are believed by their friends and relatives to haxe either died, gone west, or to be now known by dift'erent names from those under which they were previously enrolled. A list of the 47 names is given with this census. AVhile the agent was engaged iu the work various persons presented themselves to him, claiming to be Eastern Cherokees or their descendants, whom he declined to enroll, not believing the evidence they submitted sufficient to sustain their claims. He files with the census a list of their names, accompanied by all the papei-s and information he had received or could obtain in reference to them, which may be useful iu case any of those so rejected in future claim that they have been wronged. The census list, together with all evidence and information available pertaining to it, was laid before a council of the Eastern Cherokees at their request (due notice having lieen given to the Cherokee nation in the Indian territory t' /. *, 'P»INT TOWN 4 - ■■/, RKKF.HKNtKS ^ — - - Surveys of liulinn I.oUt — — — Cuuntv Bounilarv . Tovrnfthip Boundary Iftl^.-'' Ki:sKH\'i:(n()(:M)Ai{^ 1 N . f . Siirvryt'd hy .M.S.rKMIM.I*:."l>. s. EASTERN BAND OF CHEROKEES OF NORTH CAROLINA. BY HENRY B. CAEEINGTON. No section of countiy in the United States combines a greater variety of inland scenery than that occupied by the Eastern Band of Cherokee Indians, embracing portions of the counties of Cherokee, Graham, Jackson, and Swain, in southwestern North Carolina. Nestled between the Blue Ridge on the east and the Smoky mountains on the west, partially sheltered by sharp ranges and lofty peaks exceeding Mount Washington in height, and more than 2,000 feet above sea level, the " Qualla boundary ", as it is styled, represents the home locality of 1,520 Cherokee Indians. Swift streams, which abound in speckled trout, wind about all points of the compass for their final outlet, leaving at almost every change of course some fringing skirt of mellow land well suited for farm or garden purposes. Choice timber, ample for all uses for many years, is found throughout the entire region. Strawberries, blackberries, grapes, and wild fruits are abundant in their season, and the peach and apple generously respond to moderate care. The corn crop rarely fails. The potato is prolific in bearing and excellent in quality. Wheat, rye, and oats are cultivated with moderate returns, but sufficient, as a rule, for the population, while melons and all garden products do well. Creeks and small streams and springs are so niimerous and ample in flow that the simplest diversion of the water is sufficient for tlie irrigation of the most reluctant soil. The liay crop is limited by the small meadow area, so that corn husks are the main reliance for stock fodder. The almost universal use of a single steer for plowing and general farming purposes is because of the character of the land, which is made up of steep hillsides and narrow valley strips. Agricultural implements are of the simplest kind. As a suggestive fact, it is to be noticed that the fences are well built and well maintained throughout the farming tracts, even where the most primitive methods of farming prevail. The principal roads, with easy grades, good drainage, and free from abrupt or dangerous inclines, skirt mountain sides or follow water courses. Single trails, that often diverge to cabins which lie among the mountains or on their slopes, are only accessible on foot or in the saddle ; but the chief thoroughfares show good judgment and skillful engineering to meet the difficulties which had to be surmounted. Some of these roads are better within the Indian district than over the approaches to or through the settlements of the white people. The houses are nearly all " block houses ", a few only being log houses, rarely having a second room, unless it be an attic room for sleeping or storage purposes, and are without windows. Corncribs, stock sheds, and tobacco barns are of material similar to the houses, except where, as with corncribs, logs are used for better ventilation. Hinges are mainly of wood, and the stairs are constructed of pin poles, ladders, or inclined, slatted planks. Fireplaces are often supplemented by stoves, but there is at all times an abundance of pine knots and similar fuel for light, heat, and cooking. The climate is invigorating and healthful, but cases of pneumonia are frequent, due to the rapid changes of temperature. Surveys were made in 1875-1876 by M. S. Temple under the auspices of the United States land office. These were embodied in a map published as " Map of the Qualla Indian reserve ". The term " reserve " is a misnomer, as the lands so described were purchased for or by the Indians, and were not in any sense " reserved " for them by the United States. The map, however, is recognized by the federal courts in the adjudication of the conflicting claims of Indian and white settlers as a general basis of demarcation, but not as an exact definition of specific titles. The lines, except those surroiinding the entire tract, are so entangled as to form a labyrinth of conflicting courses, which are inexplicable by surveyor, court, or jury. The Temple survey located " entries ". These, successively imposed, took slight notice of previous entries or, indeed, of occupation. The state of North Carolina received its fees and issued papers with little regard for records or files, a warning to those in search of permits to occupy lands within the country so inviting to incomers. A copy of the Temple map giving the numbers, as from time to time designated, is herewith furnished as a basis for the topographical map, which gives the present roads and the general occupation of the valleys. It also includes county lines. A new survey, already initiated, will be essential to the settlement of existing conflicts of title and any exact definition of title hereafter. Reference will be made elsewhere to the issues involved in the pending survey. A marginal map, on a reduced scale, indicates the relations of the 11 southwestern counties of North Carolina to each other and to the adjoining states of Georgia, South Carolina, and Tennessee, in each of which states the Cherokees once had lands and homes. 11 12 STATISTICS OF INDIANS. The practical center of interest and divergence in a visitation or description of the Cherokee country is found at the site of the United States agency and the adjoining training school at C-herokee, formerly known as Yellow hill. It is about 6 miles from Whittier, the nearest railroad and telegraph station, and 10 miles from Bryson city, formerly Charleston, the county seat of Swain county. The Ocona Lufta river, which joins the Tuckasegee, a tributarj- of the Tennessee, less than 2 miles below Whittier, flows directly south along the school grounds, receiving its two principal ti'ibutary sources 2.5 miles to the north. The Bradley fork enters through white settlements near the house once the home of Abraham Enloe, which, bj^ an absurd fiction, is associated with the old home of Abraham Lincoln. Eavens fork from the northeast is an impetuous stream, at times a torrent, flowing in its upper course through narrow valleys, coves or pockets, whose soil is rich, deep, and black, like that of the bottoms of the Miami and Scioto in Ohio. On Straight fork of this creek, at the verj' verge of the line of the Cathcart survey, in the last Indian house in that direction, lives Chitolski (Falling Blossom), a Cherokee of means and influence, whose name is expressive of the condition of the corn when the pollen, dropping into the silk, is supposed to bear some part in fertilizing the ear. His liome is a new and spacious block house, very comfortable, with the usual piazza in front. Upon accepting an invitation to dine, the water was turned upon the wheel of the mill close by, and fresh meal was soon served in the shape of a hot " corndodger". " Long sweetening " of honey or molasses gave a peculiar sanction to a cup of good cofiee, and this, with bacon and greens, suj)plemented with peaches grown on the farm, made a most excellent meal. This mill is one of many, alike simple in construction, where neighbors deposit their toll of grain, turn on the water, and grind their own meal. Some of these mills have only a slight roof over the hopper and are open at the sides. Chitolski's house is said to be one of the best in the country, and very few houses of the white people upon Indian lands or lands adjacent approach it iu comfort. Some large peach trees were loaded with safely de'veloped fruit, and a vigorous young orchard, carefully planted, gave promise of as prosperous a future as those of advanced growth, which l>ore the pledges of a good autumn product. A horse, several heifers, and chickens and ducks imparted life to the scene, and the host and his wife, whose grown children have sought independent homes, are preparing, with every indication of success, to spend their latter years in contentment and comfort. Chitolski is building a new path out from his snug valley "wide enough for wheels", so that visitors will not be compelled to unhitch and mount harnessed horses to share his hospitalitj^ Specunens of quartz and varieties of spar having suspicious yellow specs were produced and information sought as to their value. The washings of the streams give "gold color", and some claim that they can net §1 a daj' when the water is low. The whole ti'ip to Big Cove, as this region is named, is attractive from its rich soil, its well-worked hillsides, its fertile coves between the mountain spurs, its excellent fences, and the universal indications of well-applied industry. A sudden turn in the road brought in sight a happj' boy fishing. He had succeeded in landing two fine speckled trout. The supply of trout at the proper season is abundant for table u.se. Eastward from the agency, crossing the Ocona Lufta river, below a substantial, elevated foot bridge over the southern verge of Spray ridge and at the foot of Mount Hobbs, the panorama of the Soco valley, with its bright vista, is brought suddenh- into view. Mountain spurs, carefully-fenced gardens, well-liued furrows, and gleaming streams are disti-ibuted for 10 miles, until closed by the loftj' Mount Dorchester, which, at the end of this valley, presents to the view an area of at least 30 miles. Descending from this jjoint of outlook, the valley distance is varied by careful cultivation, with wheat and r3-e most conspicuous, while several strips of nearly a quarter of a mile in breadth are fenced with stone and irrigated bj^ ditches, showing how resolutely the open spaces are utilized for substantial crops. At a distance of 5 miles the old mission house, long since abandoned for church purposes, still afibrds a popular gathering place for political and other meetings. At one of these meetings, during the enumeration, more than 100 Cherokees assembled to consult as to a change of their principal chief at the election in 1S91, and to protest against any change in the management of their admirably conducted training school. The old building, open and dilapidated in front, is furnished with benches and desk, and the proceedings at the meeting alluded to were characterized by formality and good order. Less than 1 mile further east, across the creek, is the spacious Soco schoolhouse. Excellent desks and accommodations gi-eatlj^ superior to those of some schoolhouses outside the Indian lines distinguish this school, and the building is also used for church or Sunday-school work on the Sabbath, It is a block house, well hewn, closelj"^ jointed, and durable as well as convenient. At the foot of Mount Dorchester, named in memory of a great admirer of the locality and warm supporter of the training school, and not more than 3 miles distant, one open tract of 30 acres is iu good cultivation, while upon the hillsides, so steep that it seemed as if wings or ladders would be needed for tillage, several patches of from 5 to 10 acres were green with well-developed wheat, and on one of the slopes a "working bee" of 30 men, women, and children were uniting their forces to help a neighbor put in his corn. In places where even a single steer could not hold footing with the lightest plow a long line of willing workers hoed successive parallel seed trenches. The Soco river enters this valley from the south at Oocomers mill, and at less than half a mile distant is the quaint, uncovered Washington mill, well patronized bj^ the neighbors. Here Big Witch creek joins the Soco, and by a rocky road or trail the cabin of Big Witch is reached. Big Witch is a genial, white-haii-ed Clierokee, who, at the age of 105, was prompt to supply a chair and proud to speak of his great-great-grandchildren. o o in O < DC ui < .O ■■;» i '■ i .: ' "5 EASTERN BAND OF CHEROKEES OE NORTH CAROLINA. 19 Willigeli, who, after examining the credentials, reported favorably, and the following delegates then i)resented themselves, to vrit: From Long Ridge, Cherokee county, R. B. Smith, John Going, Will "West; Hanging Dog, John Owl and Teceteska; from Cheoh, Jacob Cheer and L. R. Welch; Buffalo, Standing Deer; John Jackson as proxy for Sand Town and Henry Smith for Notla. The delegation then came forward and signed their names as follows: Jackson county, N. C. : Black Fox, Wolf Town; Wilson Welsh, Wolf Town; George Wilnota, Paint Town; Joe Welch, Paint Town; Le-ya-nah, Lufta; Lewey Owl, Lnfta; Jim Ross, Bird Town; Benj. Brown, Bird Town; Axe, Raven Fork; Oolenasseh, Raven Fork. Cherokee county: R. B. Smith, Long Ridge; Will West, Long Ridge; John Going, Long Ridge; John Owl, Hanging Dog; Teceteska, Hanging Dog; Jacob Cheer, Clieoh; Loyd R. Welch, Cheoh; Henry Smith, Notla; Standing Deer, Buffalo; John Jackson, Sand Town. Will McElmore, Lower Hanging Dog, signed in presence of Samuel W. Davidson, clerk. Oi-dered by tlie council that an election be held on Thursday, December 1, 1870, for principal chief, to serve until our next annual election in 1871. December 1, 1870. — The council met pursuant to adjournment and proceeded to business. The election of principal and second chief was then opened and held and resulted in the election of Flying Squirrel, or Call-lee-high, as principal chief, and John Jackson, Oo-wah-luu-tee, as second chief. The form of government referred to the committee was reported favorably. It was then moved and seconded that the constitution be adopted by the council, which motion was carried unanimously, and the constitution as adopted is as follows: 1st. Whereas the legal representatives or councilmen of towns or settlements of the Eastern Band of CHierokee Indians have this day and date, at the place aforementioned, met according to general agreement and understanding. '2A. Said council be, and is hereby, duly authorized and emix)vvered by representation, as the undersigned showeth, to provide for the common interest and enact measures by which the aforesaid band of Indians may be represented in prosecuting or defending all matters pertaining to or touching the interest of said band of Indians with the United States, or state or states, or individuals of the United States, in whatever relation said interest may be, provided that nothing herein be so construed as an abrogation of any rights, claim or claims, of any individual or individuals of said band to the legislation of said council in common property. 3d. AUmembere constituting the aforesaid council shall be, and they are hereby, governed and bound by all acts passed in council of delegates and approved by the chief. 4th. All acts done, ma*le, and confirmed in grand council, as aforesaid, shall be effectual and binding upon all members belonging to or constituting the aforesaid band, as a band, in all matters held in common or pertaining to the common interest of said band and not otherwise. 5th. Provided, further, that there be and the council is hereby authorized to appoint an annual session for holding grand councils at such place and time as they may designate and detemiine on, and no called or appointed council otherwise held shall be held valid or binding upon the aforesaid band or the subjects thereof unless the chief, in his judgment and reason, thinks the interest of said band demands or justifies such called or appointed council; also, that there be ordered a stated election to be held in each town and settlement for the purpose of electing first and second chiefs, whose power and right of governing shall extend over the whole band of Eastern Cherokees for and not exceeding the term of 2 years; also for the electing all subaltern officers to constitute the aforesaid annual council. The said subordinate term of office shall not exceed 1 year only by the annual election of the band. The right of vote by which said band shall be governed shall be exclusive and consist only of its male members of 16 years of age and upward. And the aforesaid officers so elected shall have the exclusive right to govern and rule, and all the acts done, made, or had by said officers for the term elected shall be binding, held binding, and in full force upon said band. The aforasaid chiefs so elected shall have no power nor hold any right of jurisdiction to enact or enlbrce laws within themselves over the baud of which he presides as chief, but in all cases or interests conflicting or touching the common rights of said band the legal representatives shall be duly notified by the chief and the legislative body as.sembled. Signed in Cherokee: Flying Squirrel, principal chief ; John Jackson, assistant chief; Black Fox, Wilson Welsh, George Wilnota, Joe Welch, Le-ya-nah, I^ewey Owl, Benj. Brown, Ax, Oolenasseh, Ross B. Smith, Will West, John Going, John Owl, Teceteska. AMENDMENTS TO THE CONSTITUTION OF THE EASTERN BAND OF CHEROKEE INDIANS. The Eastern Band of the Cherokees having again reunited and become one body politic under the style and title of the " Eastern Band of the Cherokee Indians"; therefore: We, the people of the Eastern Band of the Cherokee Indians in annual council assembled, in order to establish justice, promote the common welfare, and to assure to ourselves and our posterity the blessings of fieedom, acknowledging with humility and gratitude the goodness of the Sovereign Ruler of the Univei-se in permitting us so to do, and imploring His aid and guidance in its accomplishment, do ordain and establish these amendments to the constitution for the government of the Eastern Baud of Cherokee Indians. Article I. Section 1. The power of the Eastern Band of the Cherokee Indians shall be divided into two distinct departments, the executive and the legislative, the executive to consist of the principal and assistant chief, and the legislative of the council. Article II. Section 1. The legislative power shall be vested in a council, and all enactments of the council shall be signed by the chairman of the council and approved by the principal chief, and in all their deliberations the vote shall be taken by yeas and nays, unless otherwise directed by the council. Section 2. Each member of the annual council, before he takes his seat to transact any business of the council, sh.all take the following oath (or affirmation) : " I, A B., do solemnly swear (or affiiiu) that I have not obtained my election or appointment as a member of this council by bribery or any undue or unlawful means or duressor fraud, used by myself or others, by my desire or approbation for that jmrpose; that I consider myself constitutionally qualified as a member of this council, and that on all questions and measures which may come before me I will give my vote and so conduct myself as in my judgment shall appear most conducive to the interest and prosperity of the Eastern Baud of the Cherokee Indians, and that I will bear true laith and allegiance to the same, and to the utmost of my ability and power observe, conform to, support, and defend the constitution thereof ' '. 20 STATISTICS OF INDIANS. Article III. Sectiok 1. No person shall ever be eligible to any office or appointment of honor, profit, or trust who shall have aided or abettejl, counseled or encouraged any person or persons guilty of defrauding the Eastern Band of the Cherokees, or who may here.ifter aid or abet, counsel or encourage any pretended agents or attorneys in defrauding the Eastern Band of Cherokees. Article IY. Section 1. It shall he the duty of the annnal council to pass such rules and regulations as may be necessary and proper, and to decide differences by arbitrators to be appointed by the parties who may choose that summary mode of settlement. (Abstract.) Supreme executive, the principal chief, term 4 years; vice or assistant chief. By males of 18 years. Eligibility of either, age a">. and at least one-fourth Cherokee, of band. In case of death, resignation, or disability of both council appoint until removal of disability or successor be elected. Councilman must be 21. Compensation of chief and vice not changeable during term. Oath of principal chief : " I do solemnly swear (or affirm) that I will faithfully execute the duties of principal chief of the Eastern Band of Cherokees, and will, to the best of my ability, preserve, protect, and defend the constitution of the Eastern Band of the Cherokee Indians ". Principal chief may on extraordinary occasions convene the council at such place as the council shall designate as the seat of government. Principal chief from time to time give information as to the state of affairs and recommend measures as he may think exi)edient. He shall take care that the rules and regulations be faithfully executed ; shall visit the different towns and settlements at least once in 2 years. All officers and members of council take oath, ete. Council for 2 years. Ti-easurer chosen by council for 2 years and give bond. No money drawn except by warrant from the president in consequence of appropriations by council. Treasurer receive and account for monej-s at each session of the annual council. Article V. (Abstract.) No person eligible to any office who denies the existence of a Gcod or a future state of rewards and punishments. Free exercise of religious worship and serving God forever enjoyed, but not construed as to excu.se acts of licentiousness inconsistent with the peace and safety, ete. Council may decide the expediency and priucipal chief nominate to council when necessary to send a delegate to transact business with the United States, and he shall keep up a friendly correspondence through the medium of its proper officers. All commissions to be in the name and by the authority of the Eastern Band of Cherokee Indians, sealed with the seal of the probate court of the county where the council is held, attested hy clerk of council, and approved by the inincipal chief. Religion, morality, and knowledge being necessary to good go\ ernment, the preservation of liberty, and the happiness of mankind, schools and the means of education shall forever be encouraged and cherished by the Eastern Band of Cherokee Indians. Annual council may propose amendments as two-thirds deem expedient, the same not to be passed until the meeting of the next council. Article VI. Council shall consist of 2 from each town or settlement of 100 souls, of 1 extra on an e.\cess of 200, and for less than 100 still 1. Council, at the annual session, shall appoint 2 judges of elections. In fault of election, a majority may send a delegate with certificate, with the names of those selecting the delegate. Election to be held on the first Tlmrsday in September. Executive council to consist of principal chief, assistant chief, and 3 associates, nominated by the principal chief and confirmed by the council. The anuual council shall be held on the first Monday of October at place designated by council, or, on emergency, by the principal chief. The amiual council shall be called to order by the a.ssistant chief, and a chairman and clerk be elected. In the absence or neglect of the assistant chief any member of the executive council may organize the council. The officers of the council shall be 1 first and 1 second clerk, an interpreter, marehal, messenger, and doorkeeiM?r. The oath may be administered by any officer of the state or the United States authorized to administer an oath. Conviction of telony shall exclude from office. The annual council may, by a commission, provide for the purcha.se of land for the Eastern Band of Cherokee Indians; provided, that any commission provided for under this ordinance may be nominated by the principal chief and confirmed by the annual council ; provided further, that no act of such commission shall be construed to interfere with or in any manner impair the rights of individual members of said band. The annual council shall, by appropriate legislation, provide a public school system for the Eastern Band of the Cherokee Indians. The veto power exists except against a two-thirds vote. Style of enactment: " Be it enacted by the annual council of the Eastern Band of the Cherokee Indians ", etc. (Signed) J. W. Hildek, and Attest: /' T. Z. P. ExoLA, Chairman. John G. Tathaji, Secretary of Council. Hexry Smith, Interpreter. Approved : LoYD R. Welch, Principal Chief. Cheoh Council GROUxn, October 13, 1875. OFFICERS AND COUNCIL OF EASTERN BAND OF CHEROKEES: 1890-1891. Principal Chief— Nimrod J. Smith (Cha-la-di-hih, Charles the Killer). Assistant Chief— John Going Welch (Tsani, Always Going). Chairman of Council — Jesse Reed. Council — Stilwell Saunooka (Shawnee), Andy Standing Bear (Enidth Ahrwigada wga) , Wesley Crow (Caw-daah-ry-eh-lig-is-ki, Crow Marker), Davis George (Dew-isi-ool-ay-oeh. Went Astray). Sampson Owl (Sah-mi-si-uih Oo-goo-coo, Hooting Owl), Bird Salolanita (Young Squirrels), Jessean Climbing Bear (Yo-no-ga-la-ki), Abraham Hill (OHjuan-ih), Morgan Calhoun (Au-gan-aahf-to-dah, Ground Sausage Meat), Suate Martin (Suy-e-ta Tlu-tln, Mixed Martin), Will (Ttah-lah-lah, Redheaded Wood i^ecker) , John Mullethead (Tsis-da-qua-lnn-na, Mnllethead Fish), Armstrong Cornsilk (Ka-nau-tsi-da-wi Oo-ne-noo-di) , and John Davis (Axe, no Indian name). Eleventh Census : 1890. Eastern Cherokees. mwY«fkE„i/ml„gJ:Pnnii,<,a. EASTERN BAND OF CHEROKEE COUNCILMEN OF 1891. Rear Group. Rev. John Jackson Graham, Co.. N C. Morgan Calhoun. B.g Ccve. Ffont Group. YVm. Ta-l5-lah, eitd Town, Wesley Crow, Wolf Town. EASTERN BAND OF CHEROKEES OF NORTH CAROLINA. 21 INCORPORATION OP THE EASTERN BAND OF CHEROKEE INDIANS: 1889. By an act of the general assembly of North Carolina, ratified the 11th day of March, 1889 (Laws of North Carolina, 1889, chapter 211, page 889), the North Carolina or Eastern Cherokee Indians, resident and domiciled in the counties of Cherokee, Graham, Jackson, and Swain, were created a body politic and corporate under the name, style, and title of " The Eastern Band of Cherokee Indians, with all the riglits, privileges, franchises, and powers incident and belonging to corporations under the laws of the state of North Carolina ". By section 2 said Eastern Band of Cherokee Indians was authorized to sue and implead, and might be sued and impleaded, touching and concerning all the property of whatever nature held in common by the said baud in said counties. By section .3 any grants to any person or persons for any of the land held by said Eastern Band of Cherokee Indians, and under whom said Indians claimed title, as also all deeds made by commissioners of the state to any person or persons for what are known as Cherokee lands held by said Cherokee Indians in said counties and under whom said Clierokees claim, are held as valid. By section 4 it was provided that in all cases where titles or deeds have been executed to the said Eastern Band of Cherokee Indians, or any person or persons in trust for them under that name and style, by any person or persons, either collectively or personally, officially, or in any capacity whatever, such deeds or titles should be held as valid against the state and all persons or any person claiming by, through, or under the state bj^ virtue of any grant dated or issued subsequent to the aforesaid deeds or titles to the said Eastern Band of Cherokee Indians. By section 5 it was provided that in case any person or persons claiming anj' part of the lands described in the preceding sections adverse!}' to the said Indians under colorable title or titles shall be sued by reason of such adverse claim, or any possession under such colorable title or titles, said act shall not be used in evidence on either side nor in any way prejudice the rights of either party, but such suit or suits shall be determined as if said act had not been passed. By section 6 said act took effect from and after its ratification. SOLDIERS. The following arc the surviving union soldiers of the Eastern Band of Cherokee Indians of North Carolina. The names are correct, but the spelling may difler from that on the muster roll. John Going Welch, Thomas Otter, James Otter, John Brown, Owkwataga, Mason Ratley, Steve Johnson, John Taylor, John Canott, John Igotpa, David Patridge, James Walkingstick, and Thomas Canott, all of Company D, Third regiment North Carolina mounted infantry; R. B. Smith, coiupau\- and regiment nnknown. The following are the surviving widows of union soldiers : Nancy Brown, widow of -Benj. Brown; no children. Ah-nu-yo-hi Walker, widow of .John Walker; 1 child under 16 years of age; married since death of soldier, but her husband is dead. Wah-li-sah, widow of Thomas Oo-lay-i-way; no children. Stacy Taylor, widow of George Kanot; had 3 children by Kauot, all under IG years of age; remarried since death of soldier. Nancj' Mumblehead, widow; no children; is drawing a pension. The following are the surviving confederate soldiers, those marked with a * indicating those who afterward entered the federal service : Company A, Sixty-ninth North Carolina Regiment — Pet«r Greybeard, Ij'o-ha-ne (Swimmer Fox), Swa-tah (Suate Owl), Toy-a-ne-teh, Cliu-wa-lookeh, Coh-goh (Wesley Crow), Cah-hah (Wild Cat), Clilantees-t^i (Pheasant), Ezekiel Greybeard, * How-ee-neo-ta (James Walkingstick), Je.ssan, John Lossih, *Keen-tis-kee (John Igotpa), * Oo-ste-na-coo (John Taylor), Oo-lassta-eh (.Toe Lowin), Oo-teet-geeskih Wallaski, *Oolstooih (John Brown), *Olter Novv-eyoutieh (Tom Otter), *Mason Reckey (Mason Ratley), Jesse Reed, *Soo-quechee (in Cherokee nation west), Squenseh, San-t»-neh (James Keg), Mickee Skittes (whereabouts unknown), *John Sandera, Suqae-yeh, Samuel Needa, and Te-ses-kih. Company B, Sixty-ninth North Cai-olina Regiment — N. J. Smith, alias Jarrett Smith, John Ross, John Wah-ye-neete, Danelah, Dick-a- geeskee, John Davis, *Echu-le-hah (Steve Johnson), Kooe-Skooe (Ross Cochran), Larchee, Lazy Bigmeat, David Murphy, Oo-chum-teh (Come- back Wolf), Okanieh, *Jim Otter, "''David Patridge, Watteh Sell-alle-seh, Seqno-yo Sell-alle-seh, Segilleh Bigmeat, Tah-lee Casabsta (perhaps Ca-(ol-ster), Tohesky, Wah-has-eh (Tom Skitty), Moses Wolf. INDEX. EASTERN BAND OF CHEROKEES OF NORTH CAROLINA AND EASTERN CHEROKEES. Abraham Enloe and his locality, 12. Agricultural implements very rude, 11. Agricultural products, and value of, 1890, 8. Agriculture the chief employment, 14. Allowance from United States to Kastern Band applied to school purposes,?. 9. Allowance from United States to Eastern Band from a school fund. 9, 15. Amendments to constitution in 1875, 19, 20. Ancient relics manufactured for sale to white people, 14. Annuities distributed until 1835, 17. Annuities from land sales, 1809-1817, 17. Area of cultivated land in 1890, 8. Area of land held in 1835, 17. Area of Qiialla boundary, 7. A Sunday-school boy's question, 13. B Baptist convention of North Carolina sustains a minister, 14. Basket making practiced by a few, 14. Berries and wild fruits abundant, 11. Big Witch, an aged Cherokee, at home, 12. Bird, Rev. John, a venerable missionary; his opinion regarding a central place of worship, 13, 15. Blythe, James, United States Indian agent, furnishes data collected during personal visitations, 8. Boarding and training school. 9. 16. Boundaries specifically detined, 12, 13. Brass band formed by pupils of training school, 16. Bridges constructed in a crude manner by Eastern Cherokees, 14. Catholics not found among the Cherokees, 14. Censuses of Eastern Cherokees mentioned by Commissioner of Indian Affairs Price in 1884, 8. Censuses of Indians of North Carolina, 7, 8. Center of interest and divergence at the agency, 12. Character of lands occupied, 11. Character of the people, industrious, moral, and law-abiding, 7, 18. Cherokee industries, 14. Cherokee political meeting, 12. Cherokees divided into two bands, 1809-1817, 17. Cherokees, Eastern, number of. in 1890, 7. Cherokees have a written language, 7, 15. Cherokees retain the physical features of the race, 9. Chief Nimrod J. Smith opposes the training school, 16. Chief, principal, promises a personal reform, 15. Chitolski at his model home, 12. Christianity generally accepted by the band, 14. Christian teachers only are employed, 14. Church buildings very dilapidated, 14. Church communicants and backsliders, 15. Church organizations languishing, 14. Citizen clothing in general use, 8. Citizens of the United States, Eastern Cherokees, 7. Clay for brick accessible. 14. Climate invigorating and healthful, 11. Clothing the same as that of white citizens, 8. Commissioners of federal court award certain lands, 18. Confusion as to titles caused by defective surveys, 11. Congress confirms certain titles in 1876, 18. Congress initiates settlement of titles in 1874, 18. Constitution as amended in 1875, 19, 20. Constitution of 1870, 19. Contributions for church purposes, 15. Corn crop rarely fails, 11. Counties of Cherokee, Graham, Jackson, and Swain partly occupied by the Eastern Band of Cherokees, 7, 11, 21. Court adjudications considered, 18. Crimes of any grade very rare, 15. Crops embrace fruit and usual farm products, 11. Crops, statistics of, for 1890, 8. Crow, Wesley, home of, 13. D Details of Qimlln boundary, 12. 13. Distinction between eastern and western bands, 17. E Earnings of individual Cherokees, amount of, 9. Economic and social condition, 7. Education and schools, 9. 15, 16. Emigration westward, 1809-1817, voluntary, 17. Encroachments upon Indian lands by white people, 8, 18. Engineering upon roads very creditable, 11. English language used in ordinary intercourse by many Indians, 8. Exchange of eastern for western lands, 17. Exemplary school pupils, 15. Expenses of training school, 9, 16. Farming machines, use of, impracticable, H, 12, 14. Farming the chief employment, 14. Federal authorities, co-operation of, in the investigation of violations of Indian land laws and encroachments of white people on Indian lands, 8, 18. Fishing, trout, good, 12. Friends founders of the training school, 16. Funds for schools derived from interest on educational fund, 9, 15. G Government aid needed to repair buildings, 17. Government republican in form, 18. Graham county, Cherokees occupy lands in, 7, 11, 21. Grant, General, established the denominational system, 16. Grants of western lands, 17. Gristmills simple in construction and numerous, 12. H Health statistics of the Qualla boundary. 8. Hills are too steep toadmit of use of improved farming implements, 11, 12, 14. Hinges of houses made mainly of wood, 11. Hobbs, Barnabas, founder of the training school, 15, 16. Home of the Ea.stern Band of Cherokees described, U. House accommodations very simple, 11. Houses without windows, 11. Illegitimate births less than among white people, 15. Immorality and crime very rare, 15. Imjjrovements needed at the training school, 17. Incorporation of Eastern Band of Cherokees by general assembly of North Carolina in 1889, 7, 21. Increase in numbers noted. 7. Industrial development quite promising, 14. Industries, 14. Industries taught at the training school, 16. Industry common to this people, 14, 15. Intemperance not prevalent, 15. Intemperate or profane employes lose their positions, 15. Irrigation natural and adequate, 11. Jackson county, Cherokees occupy lands in, 7, 11, 21. Jackson, John, and others, native ministers and helpers connected with the Baptist church, 15. K Kaolin accessible, 14. Keeler, Widow, postmistress of Birdtown post office, 13. Land areas defined, 17. Lands abound in choice timber, 11. Live stock statistics for 1890, 8. Location of Eastern Band of Cherokees defined, 11, 23 24 STATISTICS OF INDIANS. '^ / M Management of training school under review, 17. Manufacture of wooden spoons quite common, H. Marriage observed and honored, 15. Mechanical employments quite limited, 14. Melons and garden products, a sufticiency of, 11. Methodist church sustains a minister, 15. Mission enterprise formerly a success, 14. Morality fostered by the training school, 14, 15, 16. Morality urged as a prerequisite for oflice, 15. Muttonhead, Willie, questions his Sunday-school teacher regarding the school- house, 13. N Native ministers and helpers, 14. North Carolina at fault as to titles, 11. O Occupations chiefly farming, lumbering, and day labor, < Officers, elective, and qvialitications stated, 20. Owen, Rev. S. G., preaches three times a week. M. Pagan rites no longer observed, 14. Physical features of the race retained, 9. Plowingdone with a single steer, II. 12. Pneumonia incident to sudden changes. 11. Population at various dates, 7, 8. Potatoes prolific in bearing, 11. Pottery exhibits ingenuity and skill, 14. Price, Hon. Hiram, Commissioner of Indian Aflairs, 1884, mentions censuses of Eastern Cherokees, 8. Principal chief promises to reform, 15. Pupils of training school and their studies, 16. Q Qualifications for oflice stated, 20. Qualla boundary defined, and area of, 7, 11-13. R Religious exercises at the training school, 16, ReligioTia services held at schoolhouses, 14. Removal of Indians by force attempted by General Scott, 18. Removal westward a voluntary movement, 17. Reservation system not applied to the Cherokees, 7- Revival of church work desired, 15. Rivers and streams numerous and described, 11, 12. Roads indicate engineering skill, 11. Routine of duty and studies of training school, 16. S Sawmill needed near the government agency, 14. Scenery varied and beautiful, 11. School, district, buildings owned by the Cherokees, 9. School facilities among the Cherokees, 9, 15. School fund and its source, 9, 15. Schoolhouses used for religious worship, 14. Schoolhouses well furnished, 12. School in Graham county discontinued, 15. School locations and names, 9, 15. School programme at training school, 16. Schools and education, 9, 15, 16. School statistics, 9, 15. School system very efficient, 14, 16. Scott, General, attempts to enforce migration westward, 18. Sectarian jealousies weaken the churches, 14. Sectarian teachers excluded from training school, 14. Seed generally sown by hand, 14. Self-sustaining and self-reliant as a people, 7. Senate, United States, valuation of Cherokee lands by, 17. Soldiers and soldiers' widows, 21. Spray, WiHiam H., sui>erintendent of training school, 14. State of North Carolina incorporates the Eastern Band of Cherokees. 1889, 7, 21. Statistics of Cherokee schools, 9, 15. Stock, live, statistics of, for 1890. 8. Struggle to retain the ancestral home, 18. Sunday schools maintained, 14. Superintendent Spray, his management of the training school and his religious influence, 14, 16, 17. Survey of 1876 of the (Jualla boundary, 11. Survey, new, necessary to settle titles, 11. Surveys conflicting, 11. Swain county, Cherokees occupy lands in, 7, U, -'I. T Temperance obligatory upon school employes, 15. Temperance proposed as a requisite for office, 15. Temperance societies not formally organized, 15. Temple survey, 11. Thomas, W. H., acts as trustee for the Eastern Cherokees. 18. Timber, many kinds of, and supply abundant, 14. Timber, supply of, abundant for many years, 11. Titles before Congress in 1874, 18. Titles confirmed by Congress in 1876, 18. Titles impaired by North Carolina's disregard of records and files. 11. Tra^:a>\^:^. .^ yJ^sik./'^^ J" /.•^;:X >°y>^'>... .//^icX co\c:^^^°o •*u.^^ '^^ »o-V. -> *:'^«^r' -e.^ «"- ^^-^^^ v^'i %<& v/> '^^-^^'^ • *V.-'*. ", L-lo* . i*^ . » • ;» ^^•n*'. 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