“I hope that when you come to select one from among you to take the responsible position of principal chief of your band you will lay aside all personal considerations and select one in every respect competent, without stain on his fair fame, a pure, noble, honest, man—one who loves God and all that is pure—with intellect sufficient to know your rights, independence and nerve to defend them. Should you be thus fortunate in making your choice, all will be well. It has been truthfully said that ‘when the righteous rule the people rejoice, but when the wicked rule the people mourn.’
“I am satisfied that you have among you many who are fully competent of the task. If I was satisfied it was your wish and for the good of my brothers I might mention some of them, but think it best to leave you in the hands of an all-wise God, who does all things right, to guide and direct you aright.
“And now, my brothers, in taking perhaps my last farewell on earth I do pray God that you may so conduct yourselves while here on earth that when the last sad rite is performed by loved friends we may compose one unbroken family above in that celestial city from whose bourne no traveler has ever returned to describe the beauty, grandeur, and happiness of the heaven prepared for the faithful by God himself beyond the sky. And again, my brothers, permit me to bid you a fond, but perhaps a last, farewell on earth, until we meet again where parting is never known and friends meet to part no more forever.
“L. R. Welch,
“Principal Chief Eastern Band Cherokee Indians.
“Witness:
“Samuel W. Davidson.
“B. B. Merony.”
(49) Status of eastern band (p. [180]): For some reason all authorities who have hitherto discussed the status of the eastern band of Cherokee seem to have been entirely unaware of the enactment of the supplementary articles to the treaty of New Echota, by which all preemption and reservation rights granted under the twelfth article were canceled. Thus, in the Cherokee case of “The United States et al against D. T. Boyd et al,” we find the United States circuit judge quoting the twelfth article in its original form as a basis for argument, while his associate judge says: “Their forefathers availed themselves of a provision in the treaty of New Echota and remained in the state of North Carolina,” etc. (Report of Indian Commissioner for 1895, pp. 633–635, 1896). The truth is that the treaty as ratified with its supplementary articles canceled the residence right of every Cherokee east of the Mississippi, and it was not until thirty years afterwards that North Carolina finally gave assurance that the eastern band would be permitted to remain within her borders.
The twelfth article of the new Echota treaty of December 29, 1835, provides for a pro rata apportionment to such Cherokee as desire to remain in the East, and continues: “Such heads of Cherokee families as are desirous to reside within the states of North Carolina, Tennessee, and Alabama, subject to the laws of the same, and who are qualified or calculated to become useful citizens, shall be entitled, on the certificate of the commissioners, to a preemption right to one hundred and sixty acres of land, or one quarter section, at the minimum Congress price, so as to include the present buildings or improvements of those who now reside there; and such as do not live there at present shall be permitted to locate within two years any lands not already occupied by persons entitled to preemption privilege under this treaty,” etc. Article 13 defines terms with reference to individual reservations granted under former treaties. The preamble to the supplementary articles agreed upon on March 1, 1836, recites that, “Whereas the President of the United States has expressed his determination not to allow any preemptions or reservations, his desire being that the whole Cherokee people should remove together and establish themselves in the country provided for them west of the Mississippi river (article 1): It is therefore agreed that all preemption rights and reservations provided for in articles 12 and 13 shall be, and are hereby, relinquished and declared void.” The treaty, in this shape, was ratified on May 23, 1836 (see Indian Treaties, pp. 633–648, 1837).