"Headquarters, Eastern Division,
"Cherokee Agency, May 17, 1838.
"Considering the number and temper of the mass to be removed, together with the extent and fastnesses of the country occupied, it will readily occur that simple indiscretions, acts of harshness, and cruelty on the part of our troops may lead, step by step, to delays, to impatience, and exasperation, and in the end to a general war and carnage—a result in the case of these particular Indians, utterly abhorrent to the generous sympathies of the whole American people. Every possible kindness compatible with the necessity of removal must therefore be shown by the troops; and if in the ranks a despicable individual should be found capable of inflicting a wanton injury or insult on any Cherokee man, woman, or child, it is hereby made the special duty of the nearest good officer or man instantly to interpose, and to seize and consign the guilty wretch to the severest penalty of the laws. The major general is fully persuaded that this injunction will not be neglected by the brave men under his command, who can not be otherwise than jealous of their own honor and that of their country.
"By early and persevering acts of kindness and humanity, it is impossible to doubt that the Indians will soon be induced to confide in the army, and, instead of fleeing to the mountains and forests, flock to us for food and clothing. If, however, through false apprehensions, individuals or a party here and there should seek to hide themselves, they must be pursued and invited to surrender, but not fired upon, unless they should make a stand to resist. Even in such cases mild remedies may sometimes better succeed than violence; and it can not be doubted, if we get possession of the women and children first, or first capture the men, that in either case the outstanding members of the same families will readily come in on the assurance of forgiveness and kind treatment.
"Every captured man, as well as those who surrender themselves, must be disarmed, with the assurance that their weapons will be carefully preserved and restored at or beyond the Mississippi. In either case the men will be guarded and escorted, except it may be where their women and children are safely secured as hostages; but in general, families in our possession will not be separated, unless it be to send men as runners to invite others to come in.
"It may happen that Indians will be found too sick, in the opinion of the nearest surgeon, to be removed to one of the depots indicated above. In every such case one or more of the family or the friends of the sick person will be left in attendance, with ample subsistence and remedies, and the remainder of the family removed by the troops. Infants, superannuated persons, lunatics, and women in helpless condition, will all, in the removal, require peculiar attention, which the brave and humane will seek to adapt to the necessities of the several cases."
Following is the address to the Indians:
"Major-General Scott, of the United States Army, sends to the Cherokee people remaining in North Carolina, Georgia, Tennessee, and Alabama this
"ADDRESS.
"Cherokees: The President of the United States has sent me with a powerful army to cause you, in obedience of the treaty of 1835, to join that part of your people who are already established in prosperity on the other side of the Mississippi. Unhappily, the two years which were allowed for the purpose you have suffered to pass away without following and without making any preparation to follow, and now, or by the time that this solemn address shall reach your distant settlements, the emigration must be commenced in haste, but, I hope, without disorder. I have no power by granting a further delay to correct the error that you have committed. The full moon of May is already on the wane, and before another shall have passed away every Cherokee man, woman, and child in those States must be in motion to join their brethren in the far West.