Stephen Johnson Field

“ The general ground upon which the petitioners proceed and seek a recovery is that the Cherokee Indians, both those residing east and those residing west of the Mississippi, formerly constituted one people, and composed the Cherokee nation; that by various treaty stipulations with the United States they became divided into two branches, know as the 'Eastern Cherokees' and the 'Western Cherokees;' and that the petitioners constitute a portion of the former, and as such are entitled to a proportionate share of the funds which the United States hold in trust for the nation. ”

“ They have as yet received nothing from either of them, and they can claim nothing by virtue of the fact that the lands of the nation, which its authorities ceded to the United States, were held for the common benefit of all the Cherokees. All public property of a nation is supposed to be held for the common benefit of its people; their individual interest is not separable from that of the nation.
The Cherokees in North Carolina dissolved their connection with their nation when they refused to accompany the body of it on its removal, and they have had no separate political organization since. ”

“ When that portion of North America which is now embraced within the limits of the United States east of the Mississippi was discovered, it was occupied by different tribes or bands of Indians. These people were destitute of the primary arts of civilization, and, with a few exceptions, had no permanent buildings, occupying only huts and tents. Their lands were cultivated in small patches, and generally by women. ”

“ The North Carolina Indians, in asking the benefit of the removal and subsistence commutation, necessarily admit the binding influence of the treaty on them and their rights. They cannot take its benefits without submitting to its burdens. ”

“ Whatever union they have had among themselves has been merely a social or business one. It was formed in 1868, at the suggestion of an officer of the Indian office, for the purpose of enabling them to transact business with the government with greater convenience. ”

“ Immediately after the ratification of the treaty of 1835 measures were taken by the government to secure its execution, and commissioners were appointed to adjust claims for improvements and to facilitate the emigration of the Indians. But emigration proceeded slowly. Great reluctance to go was manifested by large numbers, and at last it became necessary to make a display of force to compel their removal. ”

“ But, notwithstanding this declared reunion of the divided Cherokees, there was much bitter feeling between the old settlers and the new-comers, leading to violent contests, and causing, in many instances, great loss of property and life. ”