His confidence once fully secured, however, the unselfishness of his friendship as a rule would put to shame that of his more civilized Anglo-Saxon brother. His scrupulous honor in the payment of a just debt was of a character not always emulated among commercial nations. His noble qualities have not been granted the general recognition they deserve, and his ignoble traits have oftentimes been glossed over with the varnish of an unhealthy sentimentality.[688]
For many years following his first contact with the whites the daily life of the Cherokee underwent but little change. The remoteness of his villages from the coast settlements and the intervening territory of other tribes limited in large degree any frequency of association with his white neighbors. In spite of this restricted intercourse, however, the superior comforts and luxuries of civilization were early apparent to him. His new-found desires met with a ready supply through the enterprising cupidity of the fur traders. At the same time and through the same means he was brought to a knowledge of the uses and comforts of calico and blankets, and the devastating though seductive influence of spirituous liquors. Yet nothing occurred to mar the peace hitherto existing with his white neighbors until their continued spread and seemingly insatiate demand for more territory aroused a feeling of jealous fear in his bosom. This awakening to the perils of his situation was, unfortunately for him, too late. The strength of the invaders already surpassed his own, and henceforth it was but a struggle against fate. Prior to the close of the Revolutionary war but little, if anything, had been done toward encouraging the Cherokee to adopt the customs and pursuits of civilized life. His native forests and streams had afforded him a sufficiency of flesh, fish, and skins to supply all his reasonable wants. Immediately upon the establishment of American Independence the policy to be pursued by the Government in its relations with the Indian tribes became the subject of grave consideration. The necessity began to be apparent of teaching the proximate tribes to cultivate the soil as a substitute for the livelihood hitherto gained through the now rapidly diminishing supplies of game. In the report of the commissioners appointed to negotiate the treaty of 1785, being the first treaty concluded between the Cherokees and the United States, they remark that some compensation should be made to the Indians for certain of their lands unlawfully taken possession of by the whites, and that the sum so raised should be appropriated to the purpose of teaching them useful branches of mechanics. Furthermore, that some of their women had lately learned to spin, and many others were "very desirous that some method should be fallen on to teach them to raise flax, cotton, and wool, as well as to spin and weave it."
Six years later, in the conclusion of the second treaty with them, it was agreed, in order "that the Cherokee Nation may be led to a greater degree of civilization, and to become herdsmen and cultivators instead of remaining in a state of hunters, the United States will from time to time furnish gratuitously the said nation with useful implements of husbandry." From this time forward the progress of the Cherokees in civilization and enlightenment was rapid and continuous.[689] They had made such advancement that, nearly thirty years later,[690] Return J. Meigs, their long time agent and friend, represented to the Secretary of War that such Government assistance was no longer necessary or desirable; that the Cherokees were perfectly competent to take care of themselves, and that further contributions to their support only had a tendency to encourage idleness and dependence upon the Government.
Their country was especially adapted to stock raising and their flocks and herds increased in proportion to the zeal and industry of their owners. The proceeds of their surplus cotton placed within reach most of the comforts and many of the luxuries of life. The unselfish devotion of the missionary societies had furnished them with religious and school instruction, of which they had in large numbers eagerly availed themselves.[691] From the crude tribal government of the eighteenth century they had gradually progressed until in the month of July, 1827, a convention of duly elected delegates from the eight several districts into which their country was divided[692] assembled at New Echota, and announced that "We, the representatives of the people of the Cherokee Nation, in convention assembled, in order to establish justice, insure tranquillity, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty, acknowledging with humility and gratitude the goodness of the sovereign Ruler of the Universe in offering us an opportunity so favorable to the design and imploring His aid and direction in its accomplishment, do ordain and establish this constitution for the government of the Cherokee Nation." By the constitution thus adopted the power of the nation was divided into legislative, executive, and judicial departments. The legislative power was vested in a committee and a council, each to have a negative on the other, and together to be called the "General Council of the Cherokee Nation." This committee consisted of two and the council of three members from each district, and were to be elected biennially by the suffrages of all free male citizens (excepting negroes and descendants of white and Indian men by negro women who may have been set free) who had attained the age of eighteen years. Their sessions were annual, beginning on the second Monday in October. Persons of negro or mulatto blood were declared ineligible to official honors or emoluments.
The executive power of the nation was confided to a principal chief, elected by the general council for a term of four years, and none but native born citizens were eligible to the office. The chief was required to visit each district of the nation at least once in two years, to keep himself familiarized with the condition and necessities of the country. His approval was also required to all laws, and, as in the case of our own Government, the exercise of the veto power could be overcome only by a two-thirds majority in both houses of the national legislature. An executive council of three members besides the assistant principal chief was also to be elected by the joint vote of the two houses for the period of one year.
The judicial functions were vested in a supreme court of three judges and such circuit and inferior courts as the general council should from time to time prescribe, such judges to be elected by joint vote of the general council.
Ministers of the gospel who by their profession were dedicated to the service of God and the care of souls, and who ought not therefore to be diverted from the great duty of their function, were, while engaged in such work, declared ineligible to the office of principal chief or to a seat in either house of the general council. Any person denying the existence of a God or a future state of rewards and punishments was declared ineligible to hold any office in the civil department of the nation, and it was also set forth that (religion, morality, and knowledge being necessary to good government, the preservation of liberty, and the happiness of mankind) schools and the means of education should forever be encouraged in the nation.
Under this constitution elections were regularly held and the functions of government administered until the year 1830, when the hostile legislation of Georgia practically paralyzed and suspended its further operation. Although forbidden to hold any more elections, the Cherokees maintained a semblance of their republican form of government by tacitly permitting their last elected officers to hold over and recognizing the authority and validity of their official actions. This embarrassing condition of affairs continued until their removal west of the Mississippi River, when, on the 6th of September, 1839, they, in conjunction with the "Old Settlers," adopted a new constitution, which in substance was a duplicate of its predecessor.
This removal turned the Cherokees back in the calendar of progress and civilization at least a quarter of a century. The hardships and exposures of the journey, coupled with the fevers and malaria of a radically different climate, cost the lives of perhaps 10 per cent of their total population. The animosities and turbulence born of the treaty of 1835 not only occasioned the loss of many lives, but rendered property insecure, and in consequence diminished the zeal and industry of the entire community in its accumulation. A brief period of comparative quiet, however, was again characterized by an advance toward a higher civilization. Five years after their removal we find from the report of their agent that they are again on the increase in population; that their houses, farms, and fixtures have greatly improved in the comforts of life; that in general they are living in double cabins and evincing an increasing disposition to provide for the future; that they have in operation eleven common schools, superintended by a native Cherokee, in which are taught reading, writing, arithmetic, bookkeeping, grammar, geography, and history, which are entirely supported at the expense of their own national funds, and which are attended by upwards of five hundred scholars; that the churches are largely attended and liberally supported, the Methodists having 1,400 communicants, the Baptists 750, and other denominations a smaller number; that a national temperance society boasts of 1,752 members; that they maintain a printing press, from which publications are issued in both the English and Cherokee tongues; that some of them manifest a decided taste for general literature and a few have full and well selected libraries; that thousands of them can speak and write the English language with fluency and comparative accuracy; that hundreds can draw up contracts, deeds, and other instruments for the transfer of property, and that in the ordinary transactions of life, especially in making bargains, they are shrewd and intelligent, frequently evincing a remarkable degree of craft and combination; that their treatment of their women had undergone a radical change; that the countenance and encouragement given to her cultivation disclosed a more exalted estimate of female character, and that instead of being regarded as a slave and a beast of burden she was now recognized as a friend and companion.
Thus, with the exception of occasional drawbacks—the result of civil feuds—the progress of the nation in education, industry, and civilization continued until the outbreak of the rebellion. At this period, from the best attainable information, the Cherokees numbered twenty-one thousand souls. The events of the war brought to them more of desolation and ruin than perhaps to any other community.