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Constantinople Birth Of An Empire 1957 2012 Harold
Lamb Digital Instant Download
Author(s): Harold Lamb
ISBN(s): 9781258309039, 1258309033
Edition: re-ed. 2012
File Details: PDF, 12.61 MB
Year: 1957
Language: english
Ccmstantinople: Birth of an Empire
 Books by Harold Lamb
B IOGRAPHICAL NARRATIVES

ChttTlemdgne: The Legend and the Man (1954)

Theodora and the Emperor (1952.)
Suleiman the Magnificent (1951)
Alexander of Macedon: The Journey to the World's End (1946)
Omar Khayydm: A Life (1934)
Nur Malud (1932.)
Genghis I<Mn (192.7)

NOVEL

A Garden to the Eastward (1947)

HISTORICAL NARRATIVES

Constantinople: Birth of an Em/Jire (1957)

New Found Worlil: How North America was Discovered and Explored ( 1955)
The March of Muscovy: Ivan the Terrible (1948)
The City and the Tsar: Peter the Great (1948)
MttTch of the Barbarians (1940)
The Flame of Islam (1931)
Iron Men and Saints (1930)
Tamerltme (192.8)
Tamerltme AND The MttTch of the Barbdritnu WERE LATER coMBINED
AS The Earth ShalcerB; Iron Men and Sttin.U AND The Fldme of Isldm
AS The CF'UBdda.

FOR OLDER CHILDREN

Genghu Khan and the Mongol Horde (1954)

Durandal (1933)
Kirdy (1931)
WIUte Falcon (192.5)
Justinian and his retinue presenting ojJeTings.
MOSAIC DETAIL FROM TilE APSE WALL OF ST. VITALIS AT RAVENNA,

COMPOSED ABOUT A.D. 547·

 L. C. Cdtcdog cmd number. 57-12072

© Harold Lamb, 1957

This is a Borzoi Boolt, publislud by Alfred A. Knopf, Inc.

Copyright 1957 b)1 Harold Lamb .Nl righu raerved. No part of this book in
.

excess of fiw hundred worc:U nut)' be reproduaed in arry form without permis­
sion in writing from the fmblisher, except by d reviewer who mtty quote brief
passages ttnd reproduce not more thdn three illustrdtions in d review to be
printed in d mtJgtUine or newspttper. MttnufdCtured in the United Stdta of
Americd. Published BimultcmeOU6ly in Cd11lldd by McClelUmd 6 Stewart
Limited.

First Edition
 Cuntents

FOREWORD 3
I END OF AN A C E 5
11 THE GUARDED CITY 2.8
Behind the Golden Gate 28
Aspect of the City 33
An Emperor Faces Danger 39
The Election at the Ivory Gate 51
Joyous Interlude 56
"Long life to our Most Pious Augustal" 63
Ill A NEW WAY OF LIFE 69
Stage of the Palace 69
Men of the Silence 77
Theodora the Lady 79
Rising of the Storm 84
Revolt in the Circus 89
Belisarius Obeys Orders 95
The Iron Ccrvalry Enters the Circus 101
IV VOYAGE INTO THE WEST 100
Theodora Goes to Bithynia 100
The Dome of Light 112
Message from Carthage 115
To the Gates of the Sea 125
The Festival of Victory 129
The Dividing Forces 131
Cracks in the Piers 134
,
"We have learned how enormous injustices . . . 137
Mastheads over Panonnus 142.
vi Contents
The Disastrous Victory of Mundus 146
Failure of t1 Strtltegy 149
Rood to Rome 152
"Let the tZngels come, tlmaz.ed. . •
"
. 156
The Tesftlment of Justinian, Ft1ther of His Country 100
V THE SIEGE OF A NCESTR A L ROME 165
Belist�rius t1nd the RomtZns 165
The Vanishing Rickrs 169
Song of the Stricken Streets 173
The Ride of Bloody John 177
Omen of the Comet 181
The Medean Fire 185
The Arts tZnd the Sorcerers 191
Theodortl Hides t1 Pt�tridrch 194
Sending forth of the Shatterers 198
VI COMING OF THE FOUR HORSEMEN 205
Belistlrius Disobeys tin Order 205
Ftlll of Antioch :Z.O<)
The Citizens Stczge t1 Triumph 213
The Wider Horizon 216
The Crossroods to Jerusalem 221
The Ht�nd of Theodort1 Augustcz 226
"They survived beyond till expecttZtion" 234
The Mt�rch of the Sleepless 237
VII BIRTH OF AN EMPIRE 242
Voyt�ge into Space 242
"The BCISileus understood . . ." 247
MirtZCle Cif Edesst� 252
Deepening of the Dt1rkness 255
Belistlrius tZnd TotiltJ 259
The Deserted City 265
Aftermt�th of the Destruction 269
Testament of Theodora Augusta 273
 Contents vii

VIII J us TINI AN,

FIRST EMPEROR OF THE BYZANTINES 276

Justinian Alone 276
Gathering of the Army of the Nations 279
"The silence of a primeval age" 283
The Portraits at St. Vitcdis 287
The Last Yems .291
Failure of the Council 296
Invasion of the Kutrigurs 298
The Invisible Frontier 302
"The flames of the lamps are dancing . ,
300
AFTER WORD 313
The Political Breakdown 3 14
Preservation of the Legacy 316
The City Sought by the Outer World 3 17
The Art of Sixth-century Constantinople 3.20
Prototypes of the Renaissance 323
The Mysteries 325
The Illusion of History 327
A NOTE ON THE AFTERWORD 333
INDEX follows page 335
 Maps
BY RAFAEL PALACIOS

ConstCJntinople in the reign of Justinian

Empire of Justinian CJnd the bcJTbCJrian peoples

List of Plates
Justinian CJnd his retinue FRONTISPIECE
�0 .AIUI01UO liii:IU.LAo �

FACING PACE

HCJgia Sophia 86
� AJK:Bn'JII .

Interior of HCJgia Sophia 87

l'llOM L•• c� Jlf'imifff"' ,._, �. B'l' CJLUU.U o-..

Justinian's pcdace cistern 1 18

Interior of St. Vitcdis 1 18
TheodorCJ CJnd her retinue 119
A cCJpitCJl in St. Vitcdis
X List of Plates

Nave of St. Apollintlris 150

St. Agnes and St. Apollinmis 151
Heads of holy women 182
St. Michael Archangel 183
Design of !Jedcocks and foliage 214
Baptist and Evangelists 215
Sixth-century Emperor 246

Consular diptych of Justinian 247

COUilTB8'1' MKTBOPOLITAN MUDUK OF ABT, lfKW YOIUt.

Consular diptych of Filoxenus

eoUil'I'&8T DVMBABTON OAU eo�, WAGDNOTON, D.C.

David and Goliath

COUilTJI:ft :toon"BO POLITAN MVDUM OF .6.BT, NKW YOJUt.

Gold girdle of medallions and coins

Gold marriage belt 2 79

eoUBTB8'1' DUMIIABTON OAKa eo�, WAGDNOTON, D.C.

The Riha paten 310

eoOBTJESY DUKBABTON OAKa eol.LZCTION, WAGDNOTON, D.C.

Gold cup 311

COOJlTB8'1' W.TIIOPOLITAK MUDOM OF .6.BT, N1l'W YOIUt.

Cast silver bowl 311

eoOJlTJI:ft DVMBABTON OAU eo�, WAGDNOTON, D.C.
Ccmstantinople: Birth of an Empire
'"fjfen wlw saw night clll'lling tkwn about them
could S(JJ'IUMW act as if they stood at
the edge of dawn."
LETI'ER OF A CONFEDERATE SOLDIER,
WRITrEN SHOll11..Y BEFOllE HIS DEATH
 FOREWORD

HIS IS THE STORY of a city built by survivors. As often

happens in a great disaster, these survivors were not one
people ethnically, but a fusion of many peoples. They gathered
together to defend not so much their lives and property as their
way of life. In so doing they displayed a certain perversity; they
refused to surrender their city. They kept on refusing for
nearly a thousand years. History has named them the Byzan­
tines.
They were alone in their survival. In the West a long
twilight fell on the Roman Empire during the centuries be­
tween A.D. 200 and 450. It ended in the darkness of the first
Middle Age. In the East, however, the inhabitants of this city
learned the hard lessons of disaster, and they managed to
hold back the night.
 Foreword
Their city bore many names, including Constantinople and
the Guarded City, before it became known to everyone as
Byzantium. Like its people, it had a certain peculiarity. It lay
on a small promontory between the tideless inland seas, where
the three continents of Europe, Asia, and Mrica came closest
together. Ancient caravan routes tended toward it, and great
rivers led away from it. So the waters that gave access to the
hinterlands of the continents also served to protect the point
of land on which Constantinople stood. Probably nowhere
else could the ancient civilization of the Mediterranean have
been preserved.
Its preservation was the work of many men through long
lifetime spans. Our story is concerned with one century, the
sixth century of Our Lord. The greater part of this time is
known for good reason as the Age of Justinian. It was by no
means a so-called golden age; it was shaped by intense effort
to hold to values in human life. Out of that effort came
something unforeseen, and too little understood until now.
The men of Constantinople managed to change the twi­
light on their horizon into the dawn of a new age, the dawn
before the light of modem times. We are the heirs, not of a
glory of Greece and a grandeur of Rome, but of their effort in
that city between the seas fourteen centuries ago.
Another Random Scribd Document
with Unrelated Content
preemptions or reservations, his desire being that the whole
Cherokee people should remove together." Provision was made also
for the payment of debts due by the Indians out of any moneys
coming to them under the treaty: for the reestablishment of the
missions in the West; for pensions to Cherokee wounded in the
service of the government in the war of 1812 and the Creek war; for
permission to establish in the new country such military posts and
roads for the use of the United States as should he deemed
necessary; for satisfying Osage claims in the western territory and
iRoyce, Cherokee Nation, op. cit. (R.'ss arrest), p. 281; Drake,
Indian- Ross Paj le, Phcenix), p. 159, 1880; Bee also Everett speech
.»■" May 31, 1888, op. cit. -Royce, op. cit., pp. :M i m [>n .[..,■! ii
is:>.
The text on this page is estimated to be only 26.14%
accurate

124 MYTHS OF THE CHEROKEE Leth.ann.19 for bringing

about a friendly understanding between the two tribes; and for the
commutation of all annuities and other sums due from the ■United
States into a permanent national fund, the interest to be placed at
the disposal of the officers of the Cherokee Nation and by them
disbursed, according to the will of their own people, for the care of
schools and orphans, and for general national purposes. The
western territory assigned the Cherokee under this treaty was in two
adjoining tracts, viz, (1) a tract of seven million acres, together with
a "perpetual outlet west." already assigned to the western Cherokee
under treaty of 1833, as will hereafter be noted,1 being identical
with the present area occupied by the Cherokee Nation in Indian
Territory, together with the former "Cherokee strip," with the
exception of a two-mile strip along the northern boundary, now
included within the limits of Kansas; (2) a smaller additional tract of
eight hundred thousand acres, running fifty miles north and south
and twenty-five miles east and west, in what is now the
southeastern corner of Kansas. For this second tract the Cherokee
themselves were to pay the United States five hundred thousand
dollars. The treaty of 1833, assigning the first described tract to the
western Cherokee, states that the United States agrees to "guaranty
it to them forever, and that guarantee is hereby pledged." By the
same treaty, "in addition to the seven millions of acres of land thus
provided for and bounded, the United States further guaranty to the
Cherokee nation a perpetual outlet west and a free and unmolested
use of all the country lying west of the western boundary of said
seven millions of acres, as far west as the sovereignty of the United
States and their right of soil extend . . . and letters patent shall be
issued by the United States as soon as practicable for the land
hereby guaranteed." All this was reiterated by the present treaty,
and made to include also the smaller (second) tract, in these words:
Art. o. The United States also agree that the lands above ceded by
the treaty of February 14, 1833, including the nutlet, and those
ceded by this treaty, shall all be included in one patent, executed to
the Cherokee nation of Indians by the President of the United States,
according to the provisions of the act of May 28, 1S30. . . . Art. 5.
The United States hereby covenant and agree that the lands ceded
to the Cherokee nation in the foregoing article shall in no future
time, without their consent, be included within the territorial limits or
jurisdiction of anystate or territory. But they shall secure to the
Cherokee nation the right of their national councils to make ami
carry into effect all such laws as they may deem necessary for the
government ami pre itection of the persons and property within their
own country belonging to their people or such persons as have
connected themselves with them: Provided always, that they shall
not be inconsistent with the Constitution of the United States and
such acts of Congress as have been or may be passed regulating
trade and intercourse with the Indians; and also that they shall not
be considered as extending to such citizens and army of the United
States as may travel or reside in the Indian !See Fort Gibson treaty,
1833, p. 142.
The text on this page is estimated to be only 21.14%
accurate

mooned TREATY OF NEW ECHOTA — 1835 125 country by

permission, according to tl»- lu«> and regulations established by the
government of the same. . . . \ki. 6. Perpetual peace and friendship
shall exist between the citizens of the I'niti'.l States nail the
Cherokee Indians. The United stales agree to protect the Cherokee
nation from domestic strife and foreign enemies and against
intestine wars between the several tribes. The Cherokees shall
endeavor to preserve and maintain the peace of the country, and not
make war upon their neighbors; they shall also be protected against
interruption and intrusion from citizens of the United stairs who may
attempt to settle in the country without their consent; an. 1 all such
persons shall be removed from the same' by order of the President
of the United States. But this is not intended to prevent the
residence among them of useful farmers, mechanics, and teachers
for the instruction of the Indians according to treaty stipulations.
Ajrticle 7. The Cherokee nation having already made great progress
in civilization, and deeming it important that every proper and
laudable inducement should be offered to their people to improve
their condition, as well as to guard and secure in the most effectual
manner the rights guaranteed to them in this treaty, and with a view
to illustrate tin- liberal and enlarged policy of the government of the
United States toward the Indians in their removal beyond the
territorial limits of the states. it is stipulated that they shall be
entitled to a Delegate in the Hou i Representatives of the United
States whenever Congress shall make provision for the same. The
instrument was signed by (Governor) "William Carroll of Tennessee
and (Reverend) .1. F. Schermerhorn as commissioners— the former,
however, having been unable to attend by reason of illness and by
twenty Cherokee, among whom the most prominent were Major
Ridge and Elias Boudinot, former editor of the Phoenix. Neither John
Ross nor any one of the officers of the Cherokee Nation was present
or represented. After some changes by the Senate, it was ratified
May 23, 1S36.1 Upon the treaty of New Echota and the treaty
previously made with tlie western Cherokee at Fort Gibson in 1833,
the united Cherokee Nation based it> claim to the present territory
held by the tribe in Indian Territory and to the Cherokee outlet, and
to national self-government, with protection from outside intrusion.
An official census taken in L835 showed the whole number of
Cherokee in Georgia, North Carolina, Alabama, and Tennessee to he
16,542, exclusive of 1,592 negro slaves and 201 whites intermarried
with Cherokee. The Cherokee were distributed as follows: Georgia,
8,946; North Carolina, 3,644; Tennessee, 2,528; Alabama, 1 .4i4.2
Despite the efforts id' Ro~s and the national delegates, who
presented protests with .signatures representing nearly Id.ooot
'herokee. the treaty ■ See New Echota treaty, 1835, and Fort Gibson
treaty, 1833 Indian Treaties, pp. 633-64* and »i I 1837; also, for full
di sen-, ion of l.nlli t rallies [;. ,vee, Cherokee Nat inn. Fifth Ann. iep.
I tun an , . I i h nology, pp. 249-298. For a summary of all the
measures of pressure brought to bear upon the Cher okee up to the
final removal see also Everett, speech in the House of
Representative-, May 31, 1838; the chapters on "Expatriation of the
Cherokees," Drake, Indians, 1880; and tin' chapter on - 1 1 1.Rights
— Nullification," in Greeley, American Conflict, i, 1864. The Georgia
side of the controversy is presented in E..t.Harden'sLifeof (Governor!
George M. Troup, 1849. - Ri iyee. op. cit., p. 289. The Indian total is
also given in the Report of the Indian Commissioner, p. 369, 1836.
The text on this page is estimated to be only 26.05%
accurate

126 MYTHS OF THE CHEROKEE [eth.ank.19 had been

ratified by a majority of one vote over the necessary number, and
preliminary steps were at once taken to carry it into execution.
Councils were held in opposition all over the Cherokee Nation, and
resolutions denouncing the methods used and declaring the treaty
absolutely null and void were drawn up and submitted to General
Wool, in command of the troops in the Cherokee country, by whom
they were forwarded to Washington. The President in reply
expressed his surprise that an officer of the army should have
received or transmitted a paper so disrespectful to the Executive, the
Senate, and the American people; declared his settled determination
that the treaty should be carried out without modification and with
all consistent dispatch, and directed that after a copy of the letter
had been delivered to Ross, no further communication, by mouth or
writing, should be held with him concerning the treaty. It was further
directed that no council should be permitted to assemble to discuss
the treaty. Ross had already been informed that the President had
ceased to recognize any existing government among the eastern
Cherokee, and that any further effort by him to prevent the
consummation of the treaty would be suppressed.1 Notwithstanding
this suppression of opinion, the feeling of the Nation was soon made
plain through other sources. Before the ratification of the treaty
Major W. M. Davis had been appointed to enroll the Cherokee for
removal and to appraise the value of their improvements. He soon
learned the true condition of affairs, and, although holding his office
by the good will of President Jackson, he addressed to the Secretary
of War a strong letter upon the subject, from which the following
extract is made: I conceive that my duty to the President, to
yourself, and to my country reluctantly compels me to make a
statement of .facts in relation to a meeting of a small number of
Cherokees at New Echota last December, who were met by Mr.
Schermerhorn and articles of a general treaty entered into between
them fur the whole Cherokee nation. . . . Sir, that paper, . . . called a
treaty, is no treaty at all, because not sanctioned by the great body
of the Cherokee and made without their participation or assent, I
solemnly declare to you that upon its reference to the Cherokee
people it would be instantly rejected by nine-tenths of them, and I
believe by nineteen-twentieths of them. There were not. present at
the conclusion of the treaty mere than one hundred Cherokee
voters, and not more than three hundred, including women and
children, although the weather was everything that could be desired.
The Indians had long been notified of the meeting, and blankets
were promised to all who would come and vote for the treaty. The
most cunning and artful means were resorted to to conceal the
paucity of numbers present at the treaty. No enumeration of them
was made by Schermerhorn. The business of making the treaty was
transacted with a committee appointed by the Indians present, so as
not to expose their numbers. The power of attorney under which the
committee acted was signed only by the president and secretary of
the meeting, so as not to disclose their weakness. . . . Mr.
Schermerhorn's apparent design was to conceal the real number
present and to impose on the public and the government upon this
point. ■Royce, Cherokee Nation, op. eit., pp. 283,284; Report of
Indian Commissioner, pp. 285, 286, 1836.
The text on this page is estimated to be only 20.43%
accurate

> seyJ GENERAL wniil.'s REPORTS — 1837 I "J 7 The

delegation taken to Washington by Mr. Schermerhorn had no more
authority to make a treaty than any other dozen Cherokee
accidentally picked up for the purpose. I no« warn you and the
President thai if this paper of Schermerhorn's called a treaty is sent
t" the Senate and ratified you «ill bring trouble upon the government
arid eventual!) destroy this [the < Iherokee] Nat inn. The Cherokee
are a peaceable, harmless people, bul you may drive them to
desperation, and this treaty can not be carried into effect except bj
the strong arm of force.1 General Wool, who had been placed in
command of the troops concentrated in the Cherokee country to
prevent opposition to the enforcement of the treaty, reported on
February L8, 1837, thai he had called them toe-ether and made
them an address, but "'it is. however, vain to talk to a people almost
universally opposed to the treaty and who maintain that they never
made such a treaty. So determined are they in their opposition that
not one of all those who were present ami voted at tin' council held
hut a day or two since, however poor or destitute, would receive
either rations or clothing from the United States lest they might
compromise themselves in regard to the treaty. These same people,
as well as those in the mountains of North Carolina. during the
summer past, preferred living upon the roots and sap of trees rather
than receive provisions from the United States, and thousands, as I
have been informed, had no other food for weeks. Many have said
they will die before they will leave the country."2 Other letters from
General Wool while engaged in the work of disarming and overawing
the Cherokee show how very disagreeable that duty was to him and
how strongly his sympathies were with the Indians, who were
practically unanimous in repudiating the treaty. In one letter he says:
The whole scene since I have hern in this country has been nothing
but a heartrending one. and such a one as I would he glad to get rid
of as soon as circumstances will permit. Because I am firm and
decided, do not believe I would be unjust. If I could, and I could not
do them a greater kindness, I would remove every Indian to-morrow
beyond the reach of the white men. who, like vultures, are watching,
ready to pounce upon their prey and strip them of everything they
have or expert from the government of the Dinted state-. Yes, sir,
nineteen-twentieths, if not ninety-nine out of every hundred, will go
penniless to the West.:l How it was to be brought about is explained
in part by a letter addressed to the President by Major Ridge himself,
the principal signer of the treaty: We now come to address you on
the subject of our griefs and afflictions from the acts of the white
people. They have got our lands and now they are preparing to
fleece US of the money accruing from the treaty. We found our
plantations taken either in whole or in part by the Georgians — suits
instituted against us for back rents for our own farms. These suits
are commenced in the inferior courts, with the i Quoted by Royce,
Cherokee Nation, op. «-i r . . pp. 284-285; quoted also, with some
verbal differ* by Everett, speech in House oi Representatives on Maj
31,1838. i .i in Royce, op 'it., p 286. » Letter of General Wool,
September 10, 1836, in Everett, speeeh in Hous ol Representatives,
May 31, 1838.
The text on this page is estimated to be only 26.85%
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128 MYTHS OF THE CHEROKEE [bth.ann.19 evident design

that, when we are ready to remove, to arrest our people, and on
these vile claims to induce us to com promise for our own release, to
travel with our families. Thus our funds will lie filched from mir
people, and we shall he compelled to leave our country as beggars
and in want. Even the Georgia laws, which deny us our oaths, are
thrown aside, and notwithstanding the cries of our people, and
protestation of our innocence and peace, the lowest classes of the
white people are flogging the Cherokees with cowhides, hickories,
and clubs. We are not safe in our houses — our people are assailed
by day and night by the rabble. Even justices of the peace and
constables are concerned in this business. This barbarous treatment
is not confined to men, but the women are stripped also and
whipped without law or mercy. . . . Send regular troops to protect us
from these lawless assaults, and to protect our people as they
depart for the West. If it is not done, we shall carry off nothing but
the scars of the lash on our backs, and our oppressors will get all the
money. We talk plainly, as chiefs having property and life in danger,
and we appeal to you for protection. . . .' ( reneral Dunlap, in
command of the Tennessee troops called out to prevent the alleged
contemplated Cherokee uprising, having learned for himself the true
situation, delivered an indignant address to his men in which he
declared that he would never dishonor the Tennessee arms by aiding
to carry into execution at the. point of the bayonet a treaty made by
a lean minority against the will and authority of the Cherokee
people. He stated further that he had given the Cherokee all the
protection in his power, the whites needing none.2 A confidential
agent sent to report upon the situation wrote in September, 1837,
that opposition to the treaty was unanimous and irreconcilable, the
Cherokee declaring that it could not bind them because they did not
make it. that it was the work of a few unauthorized indi viduals and
that the Nation was not a party to it. They had retained the forms of
their government, although no election had been held since 1830,
having continued the officers then in charge until their government
could again be reestablished regularly. Under this arrangement John
Ross was principal chief, with influence unbounded and
unquestioned. "The whole Nation of eighteen thousand persons is
with him. the few — about three hundred — who made the treaty
having left the country, with the exception of a small number of
prominent individuals — as Ridge, Boudinot, and others — who
remained to assist in carrying it into execution. It is evident,
therefore, that Ross and his party are in fact the Cherokee Nation. ...
1 believe that the mass of the Nation, particularly the mountain
Indians, will stand or fall with Ross. . . .'"'' So intense was public
feeling on the subject of this treat}* that it became to some extent a
part}- question, the Democrats supporting President Jackson while
the Whigs bitterly opposed him. Among 1 Letter of .nine 30, 1836,
to President Jackson, in Everett, speech in the House of
Representatives, May 31, 1S38. - Quoted by Everett, ibid,; also by
Royce, Cherokee Nation, op. cit.,p.286. 3 Letter of J.M.Mason, jr., to
Secretary of War, September 25, 1837, in Everett, speech in House
of Representatives, May 31, 1838; also quoted in extract by Royce,
op. cit., pp. 286-287.
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MuusF.Y] ARRIVAL OF TROOPS 129 notable leaders of the

opposition were Henry Clay, Daniel Webster, Edward K\ erett, Wise
of Virginia, and 1 >avid ( Ii'ockett. The speeches in Congress upon
the subject ••were characterized by a depth and bitterness of feeling
such as had never been exceeded even on the slavery question."1 It
was considered not simply an Indian question, but an issue between
state rights on the one hand and federal jurisdiction and the (
institution on the other. In spite of threats of arrest and punishment,
Ross still continued active effort in behalf of his people. Again, in the
spring of I 838, t wo months before the time fixed for the removal,
he presented to Congress another protest and memorial, which, like
the others, was tabled by the Senate. Van Buren had now succeeded
Jackson and was disposed to allow the Cherokee a longer time to
prepare for emigration, but was met by the declaration from
Governor < rilmer of Georgia that any delay would be a violation of
the rights of that state and in opposition to the rights of tht owners
of tin sot?, and that if trouble came from any protection afforded by
the government troops to the Cherokee a direct collision must ensue
between the authorities of the state and general go^ ernment.8 Up
to the last moment the Cherokee still believed that the treaty would
not he consummated, and with all the pressure brought to bear
upon them only about 2,000 of the 17,000 in the eastern Nation had
removed at the expiration of the time fixed for their departure, May
26, 1838. As it was evident that the removal could only he
accomplished by force. Genera] Winfield Scott was now appointed to
that duty with instructions to start the Indians for the West at the
earliest possible moment. For that purpose he was ordered to take
command of the troops already in the Cherokee country, together
with additional reenforcements of infantry, cavalry, and artillery, with
authority to call upon the governors of the adjoining states for as
many as 4,000 militia and volunteers. The whole force employed
numbered about 7,000 men -regulars, militia, and volunteers.3 The
Indian- had already been disarmed by General Wool. On arriving in
the Cherokee country Scott established headquarters at the capital,
New Echota, whence, on May 10, he issued a proclamation to tin* (
Iherokee, warning them that the emigration must he commenced in
haste and that before another moon had passed every Cherokee
man. woman, and child must he in motion to join his brethren in the
far West, according to the determination id' the President, which he.
the general, had come to enforce. The proclamation conclude-: ••
My troops already occupy many positions . . . and ' Royce, Cherokee
Nation, up. eit. pp. 287, 289. - [bid., pp. 289,290. > Ibid., p. 291.
The statement "( the total number of trooj in tin- House "i
Representatives, May 31, 1838, covering the whole stion of the
treaty. lit ETH— 01 9
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130 MYTHS OF THE CHEROKEE [eth.ann.19 thousands and

thousands are approaching from every quarter to render resistance
and escape alike hopeless. . . . Will you. then, by resistance compel
us to resort to arms . . . or will you by night seek to hide yourselves
in mountains and forests and thus oblige us to hunt you down?" —
reminding them that pursuit might result in conflict and bloodshed,
ending in a general war.1 Even after this Ross endeavored, on behalf
of his people, to secure some slight modification of the terms of the
treaty, but without avail.2 THE REMOVAL — 1838-39 The history of
this Cherokee removal of 1838, as gleaned by the author from the
lips of actors in the tragedy, may well exceed in weight
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hoonby] OONCENTEATION INTO STOCKADES — 1838 18]

exile. A woman, on finding the house surrounded, went to the door
and 'i I up the chickens to be fed for the last time, after which,
taking her infant on her back and her two other children by the
hand, she followed her husband with tin' soldiers. All were not thus
submissive. One old man named Tsall, "( lharley," was seized with
his wife, his brother, his three sons ami their families. Exasperated at
the brutality accorded his wife, who, being unable to travel fast, was
prodded with bayonets to hasten her steps, he urged the other men
to join with him in a dash for liberty. As he spoke in Cherokee the
soldiers, although they heard, understood nothing until each warrior
suddenly sprang upon the one nearest ami endeavored to wfeheE
hi- gun from him. The attack was so suddenand unexpected that
one soldier was killed and the rest fled, while the Indians escaped to
the mountains. Hundreds ofothers^some ofthem from the various
stockadesj managed also to escape to the mountains from time to
time, where those who did not die of starvation subsisted on foots
and wild berries until the hunt was over. Finding it impracticable to
secure these fugitives, General Scott finally tendered them a
proposition, through ('( olonel) W. II. Thomas, their most trusted
friend, that if they would surrender Charley and his party for
punishment, the rest would he allowed to remain until their ease
could lie adjusted by the government. On hearing of the proposition,
Charley voluntarily came in with his sons, offering himself as a
sacrifice for his people. By command of General Scott, Charley, his
brother, and the two elder -oils were -hot near the mouth of
Tuckasegee,a detachment of Cherokee prisoners being compelled to
do the shooting in order to impress upon the Indians the fact of their
utter helplessness. From those fugitives thus permitted to remain
originated the present eastern band oft Iherokee.' When nearly
seventeen thousand Cherokee had thus been gathered into the
various stockades the work of removal began. Early in June several
parties, aggregating about five thousand persons, were brought
down by the troops to the old agency, on Hiwassee, at the present
Calhoun. Tennessee, and to Ros-"s landing (now Chattanooga), and
Gunter's Landing (now Guntersville, Alabama), lower down on the
Tennessee, where they were put upon steamers and transported
down the Tennessee and Ohio to the farther side of the Mississippi,
when the journey was continued by land to Indian Territory. This
removal. 1 The notes on the Cherokee round-up and Removal are
almost entirely from author's information asfumishedby actors in the
events, both Cherokee and white, among whom may benamed the
ne] W. It. Thomas; the late Colonel /.. A. Zile, of Atlanta, of the
Georgia volunteers; the Bryson, of Dlllsboro, North Carolina, a ho a
volunteer; James l». Wafford, of ■ Cherokee Nation, who
commanded oi i the emigrant detachments; and old [ndians, both
east and west, who remembered tin- Removal and had heard the
story from their parents. Charley's story is a matter of common note
among the ha-: Cherokee, and was heard in full detail from Colonel
Thomas and from Wasituna ("Washington" , Charley's youngest -on,
who alone was spared bj 157,
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182 MYTHS OF THE CHEROKEE [eth.ann.19 in the hottest

part of the year, was attended with so great sickness and mortality
that, by resolution of the Cherokee national council, Ross and the
other chiefs submitted to General Scott a proposition that the
Cherokee be allowed to remove themselves in the fall, after the
sickly season had ended. This was granted on condition that all
should have started by the 20th of October, excepting the sick and
aged who might not be able to move so rapidly. Accordingly, officers
were appointed by the Cherokee council to take charge of the
emigration; the Indians being organized into detachments averaging
one thousand each, with two leaders in ehai"ge of each detachment,
and a sufficient number of wagons and horses for the purpose. In
this way the remainder, enrolled at about 13,000 (including negro
slaves), started on the long march overland late in the fall (11).
Those who thus emigrated under the management of their own
officers assembled at Rattlesnake springs, about two miles south of
Hiwassee river, near the present Charleston, Tennessee, where a
final council was held, in which it was decided to continue their old
constitution and laws in their new home. Then, in October, 1S3S, the
long procession of exiles was set in motion. A very few went by the
river route; the rest, nearly all of the 13,000, went overland.
Crossing to the north side of the Hiwassee at a ferry above
Gunstocker creek, the}' proceeded down along the river, the sick,
the old people, and the smaller children, with the blankets, cooking
pots, and other belongings in wagons, the rest on foot or on horses.
The number of wagons was fI45. It was like the march of an army,
regiment after regiment, the wagons in the center, the officers along
the line and the horsemen on the flanks and at the rear. Tennessee
river was crossed at Tuckers (?) ferry, a short distance above Jollys
island, at the mouth of Hiwassee. Thence the route lay south of
Pikeville, through McMinnville and on to Nashville, where the
Cumberland was crossed. Then they went on to Hopkinsville,
Kentucky, where the noted chief White-path, in charge of a
detachment, sickened and died. His people buried him by the
roadside, with a box over the grave and poles with streamers around
it, that the others coming on behind might note the spot and
remember him. Somewhere also along that march of death — for
the exiles died by tens and twenties every day of the journey — the
devoted wife of John Ross sank down, leaving him to go on with the
bitter pain of bereavement added to heartbreak at the ruin of his
nation. The Ohio was crossed at a ferry near the mouth of the
Cumberland, and the army passed on through southern Illinois until
the great Mississippi was reached opposite Cape Girardeau, Missouri.
It was now the middle of winter, with the river running full of ice. so
that several detachments were obliged to wait some time on the
eastern bank for the channel to become clear. In talking with old
men
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HOOKEY] VIJKIYAl. IN INDIAN TKKKIToRY 1839 133 and

women ;it Tahlequafa tln> author found that the lapse of over half a
century had not sufficed to wipe <>ut the memory of the miseries
of thai hall beside the frozen river, with hundreds of sick and dying
penned up in wagons or stretched upon the ground, with only a
blanket overhead to keep out the January blast. The crossing was
made at last in two divisions, at Cape Girardeau and at Green's ferry,
a short distance below, whence the march was on through Missouri
to Indian Territory, the later detachments making a northerly circuit
l>y Springfield, because those who had gone before had killed oil all
the game along the direct route. At last their destination was
reached. They had started in October, 1838, and it was now March.
1839, the journey having occupied nearly six mouths of the hardest
part of the year.' It i- difficult to arrive at any accurate statement of
the number of Cherokee who died as the resull of the Removal.
According to the official figures those who removed under the
direction of Ross lost over L,600 on the journey.- The proportionate
mortality among those previously removed under military supervision
was probably greater, as it was their suffering that led to the
proposition of the Cherokee national officers to take charge of the
emigration. Hundreds died in the stockades and the waiting camps,
chiefly by reason of the rations furnished, which were of flour and
other provisions to which they were unaccustomed and which they
did not know how to prepare properly. Hundreds of others died soon
after their arrival in Indian territory, from sickness and exposure on
the journey. Altogether it is asserted, probably with reason, that over
4. nun Cherokee died as the direct result of the removal. On their
arrival in Indian Territory the emigrants at once set about building
houses and planting crop-, the government having agreed under the
treaty to furnish them with rations for one year after arrival. They
were welcomed by their kindred, the •'Arkansas Cherokee" hereafter
to be known for distinction as the "Old Settlers" — who held the
country under previous treaties in 1828 and Is:'.::. These, however,
being already regularly organized under a government and chiefs of
their own. were by no means disposed to be swallowed by the
governmental authority of the newcomers. Jealousies developed in
which the minority or treaty party of the emigrants, headed by
Ridge, took sides with the Old Settlers against the Ross or national
party, which outnumbered both the other- nearly three to one. While
these differences were at their height the Nation was thrown into a
feverof excitement by the news that Major Ridge, his son John
Ridge, and Elias Boudinot all leaders of the treaty party had been
killed by adherent- of the national party, immediately after the close
onal information, aa before cited. = Asquo1 rokee Nation. Fifth Ann
Rep.Bureauoi makesthen ber unaccounted for 1,428; the receiving
agent, who t'".], chargi on their arrival, makes it 1.645.
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134 MYTHS OF THE CHEROKEE [eth.ann.19 of a general

council, which had adjourned after nearly two weeks of debate
without having been able to bring about harmonious action. Major
Ridge was waylaid and shot close to the Arkansas line, his son was
taken from bed and cut to pieces with hatchets, while Boudinot was
treacherously killed at his home at Park Hill. Indian territory, all three
being killed upon the same day. June 22, 1839. The agent's report to
the Secretary of War, two days later, says of the affair: The murder
of Boudinot was treacherous and cruel. He was assisting some
workmen in building a new house. Three men called upon him and
asked for medicine. He went off with them in the direction of
Wooster's, the missionary, who keeps medicine, about three hundred
yards from Boudinot's. When they got about half way two of the
men seized Boudinot and the other stabbed him, after which the
three cui him to pieces with their knives and tomahawks. This
murder taking place within two miles of the residence of John Ross,
his friends were apprehensive it might be charged to his connivance:
and at this moment I am writing there are six hundred armed (
Iherokee around the dwelling of Ross, assembled for his protection.
The murderers of the two Ridges and Boudinot are certainly of the
late Cherokee emigrants, and. of course, adherents of I loss, but I
can not yet believe that Ross has encouraged the outrage. He is a
man of too much good sense to embroil his nation at this critical
time: and besides, his character, since I have known him, which is
now twenty-five years, has been pacific. . . . Boudinot's wife is a
white woman, a native of New Jersey, as I understand. He has six
children. The wife of John Ridge, jr.. is a white woman, but from
whence, or what family left, I am not informed. Boudinot was in
moderate circumstances. The Ridges, both father and son, were
rich. . . .' While till the evidence shows that Ross was in no way a
party to the affair, there can be no question that the men were killed
in accordance with the law of the Nation — three times formulated,
and still in existence— which made it treason, punishable with
death, to cede away lands except by act of the general council of the
Nation. It was for violating a similar law among the Creeks that the
chief. Mcintosh, lost his life in 1825. and a party led by Major Ridge
himself had killed Doublehead years before on suspicion of accepting
a bribe for his part in a treaty. On hearing of the death of the Ridges
and Boudinot several other signers of the repudiated treaty, among
whom were John Bell, Archilla Smith, and James Starr, tied for safety
to the protection of the garrison at Fort Gibson. Boudinot's brother,
Stand Wade, vowed vengeance against Ross, who was urged to flee,
but refused. declaring his entire innocence. His friends rallied to his
support, stationing a guard around his house until the first
excitement had subsided. About three weeks afterward the national
council passed decrees declaring that the men killed and their
principal confederates i Agent Stokes to Secretary of War, June 24,
1839, in Report Indian Commissioner, p. 365, 1839; Royce, Cherokee
Nation, Fifth Ann. Rep. Bureau of Ethnology, p. 293, 1888; Drake,
Indians, pp. 159-460, 1880; author's personal information. The
agent's report incorrectly makes the killings occur on three different
days.
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mooney] REUNION OF NATION— 1839 135 had rendered

themselves outlaws by their own conduct, extending amnesty on
certain stringent conditions to their confederates, and declaring the
slayers guiltless of murder and fully restored to the confidence and
favor of the community. This was followed in August by another
council decree declaring the New Echota treaty void and reasserting
the title of the Cherokee to their old country, and three weeks later
another decree summoned the signers of the treaty to appear and
answer for their conduct under penalty of outlawry. At this point the
United States interfered by threatening to arrest Ross as accessory
to the killing of the Ridges.1 In the meant i me the national part}
and the Old Settlers hail been eon line together, and a few of the
latter who had sided with the Ridge faction and endeavored to
perpetuate a division in the Nation were denounced in a council of
the Old Settler-., which declared that "in identifying themselves with
those individuals known as the Ridge party, who by their conduct
had rendered themselves odious to the ( 'herokee [ pie. they have
acted in opposition to the known sentiments and feelings of that
portion of this Nation known as Old Settlers, frequently and variously
and publicly expressed." The offending chief- were at the same time
deposed from all authority. Among tlie names of over two hundred
signers attached thai of •• ( i-eorge Guess" (Sequoya) come- second
as vice-president.8 On July 1-. L839, a general convention of the
eastern and western Cherokee, held at the Illinois camp ground,
Indian territory, passed an act of union, by which the two were
declared '"one body politic. under the style and title of the Cherokee
Nation." On behalf id' the eastern Cherokee the instrument bears the
signature of John Ross, principal chief. George Lowrey, president of
the council, and Going snake (I'nadu-na'I), speaker of the council,
with thirteen others. For the western ('herokee it was signed by John
Looney, acting principal chief , George Guess (Sequoya), president of
the council, and fifteen others. On September r>. L839, a
convention composed chiefry of eastern ('herokee assembled at
Tahlequah, Indian territory -then first officially adopted as the
national capital —adopted a new constitution, which was accepted
by a convention of the Old Settlers at Fort Gibson, Indian Territory,
on June 26, 1840, an act which completed the reunion of the Nation.
: Till: ARKANSAS BAND— 1817- L838 Having followed the fortunes
of the main body of the Nation to their final destination in the West,
we now turn to review briefly i: rokee Nation, op. eit, pp. 294 h ii-
Lugusl 23, L839, in Report In. linn Commissioner, p. 387, 1839;
Royce, op. 'it.. p j'.' i Ictof Union " and •' Constitution " in
Constitution and Laws of the Cherokee Nation, 1875; [etti i to the
Secretai ol Wai June 28, L840, In Eti | India p, 16, 1-1"
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186 MYTHS OF THE CHEROKEE [eth.ann.19 the history of

the earlier emigrants, the Arkansas or Old Settler Cherokee. The
events leading to the first westward migration and the subsequent
negotiations which resulted in the assignment of a territory in
Arkansas to the western Cherokee, by the treaty of L817, have been
already noted. The great majority of those thus voluntarily removing
belonged to the conservative hunter element, who desired to
reestablish in the western wilderness the old Indian life from which,
through the influence of schools and intelligent leadership, the body
of the Cherokee was rapidly drifting away. As the lands upon which
the emigrants had settled belonged to the Osage, whose claim had
not yet been extinguished by the United States, the latter objected
to their presence, and the Cherokee were compelled to fight to
maintain their own position, so that for the first twenty years or
more the history of the western band is a mere petty chronicle of
Osage raids and Cherokee retaliations, emphasized from time to
time by a massacre on a larger scale. By the treaty of 1*17 the
western Cherokee acquired title to a definite territory and official
standing under Government protection and supervision, the lands
assigned them Inning been acquired by treaty from the Osage. The
great body of the Cherokee in the East were strongly opposed to any
recognition of the western hand, seeing in such action only the
beginning of an effort looking toward the ultimate removal of the
whole tribe. The Government lent support to the scheme, however,
and a steady emigration set in until, in lM'.t. the emigrant^ were
said to number several thousands. Unsuccessful endeavors were
made to increase the number by inducing the Shawano and
Delaware* of Missouri and the Oneida of New York to join them.' In
L818 Tollunteeskee (Ata'lunti'ski), principal chief of the Arkansas
Cherokee, while on a visit to old friends in the East, had become
acquainted with one of the officers of the American Board of
Commissioners for Foreign Missions, and had asked for the
establishment of a mission among his people in the West. In
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