For old settlers. 1 John Brown. 4 Thomas L. Rogers.* 7 William L. Holt. 8 Samuel Williams. 15 Samuel Chambers. COMMITTEE. 17 Lightningbug Bowles. 22 Cold Weather. 23 The Crane. 24 Richard Rogers. For treaty party. 1 James Starr. Those with this mark (*) were members of the committee who signed the "act of union" in 1840. William Rogers, subsequently chosen to fill a vacancy, was also one of the signers of that act, and brother of Captain John Rogers, the ex-chief. William L. Rogers is his son, and both were considered headmen among the "old settlers." The following letter was addressed to John Ross, Esq., Principal Chief: TAHLUNTUSKEY, CHEROKEE NATION, December 7, 1844. SIR: Having duly informed you, at the proper time, that the special Commission appointed by the Secretary of War would meet at this place on the 4th instant, we now deem it proper to apprize you that we shall adjourn in the course of the day, having decided to meet again on Tuesday the 10th, at the old Cherokee agency, on the road between Fort Gibson and Park Hill, there to resume the business to be transacted. The Commissioners were not a little surprised to observe, the day after their arrival, the presence of several of your organized mounted and armed companies, usually called "police companies." The display of these companies, although harmless here, was too well calculated to inspire the fears of the parties called together by authority of the President; and, from what we see and believe, there is no doubt on our minds that, in coming from distant parts of the nation to this place on this occasion, this array of the Cherokee force has had a decided influence upon the minds of the conplaining parties, and thereby a tendency to thwart the beneficent designs of the President in instituting this Commission, by preventing many from obeying our call and attending here. We have therefore to express our decided disapprobation at the unexpected appearance of these companies at this place, their presence being entirely unnecessary and uncalled for. At our meeting at the old agency, on the 10th, we shall expect to see nothing more of the "police companies," or hear of their being in our vicinity. We are, respectfully, your obedient servants, JOHN ROSS, Esq. R. JONES, U. S. Army, R. B. MASON, Lt. Col. 1st Drag., Commissioners. Principal Chief of the Cherokee Nation. P. S. As we are not familiar with the routine of the departments of the Cherokee government, we have to request that the information contained in the foregoing letter may be communicated to the proper authorities, to prevent the appearance of the "police companies" at or in the vicinity of the agency, on the 10th instant, or during our session there, as the Commissioners can but construe such a procedure on the part of any portion of the Cherokee authorities as an indignity offered both to themselves and the Government of the United States. On the arrival of the armed companies referred to in the above communication, the morning of the 5th, the Commissioners waited some time to learn the object of their presence; but, hearing nothing from them, the Rev. Mr. Foreman, (who came with them,) and Colonel Brown, the commandant of all the "police companies," were sent for, and asked the object, and by what authority the companies came here. Brown replied, the only object was the preservation of order, and to enforce the Cherokee law; that they came not by any particular order, but to see that the laws were enforced, which he said it was, under the law, his duty to do. They stated there were but few of the men armed, having left their guns some distance back. Considering that the presence of the Cherokee force was exercising a very decided influence upon the minds of the complaining parties, and as little doubting that the moving to and fro of these "police companies," in different parts of the nation, all concentrating towards the place of meeting, would have a prejudicial influence, and deter many from attending here, it was thought proper to say to Mr. Foreman and Colonel Brown, that the Commissioners desired the "police companies" to withdraw from the ground before sunset, and not again appear upon it in their armed and organized manner; but that they should be glad to see them as individuals of the nation, and not as an organized body. The Board adjourned at half past 12 o'clock, to meet again the 10th instant, at the old Cherokee agency, on the road between Fort Gibson and Park Hill, there to continue the business of investigation. OLD AGENCY, CHEROKEE NATION, SEVEN MILES FROM FORT GIBSON, TUES DAY, DECEMBER 10, 1844. The Board met, agreeably to adjournment. The members of the respective committees appointed at Tahluntuskey by the "old settlers" and "treaty party" were not all on the ground, and no progress was made in their deliberations. The names of the Cherokees who arrived at this place were ordered to be taken, in the same manner and for the same purpose as at Tahluntuskey. The number that appeared on the ground this day was, "old settlers," 53; "treaty party," 16-total, 69. Just before leaving Fort Gibson for the agency, a letter was received from Mr. Ross, dated the 9th, (see Appendix "H,") to which the following answer was despatched about one o'clock: OLD AGENCY, CHEROKEE NATION, SIR: Your letter of yesterday's date was received at Fort Gibson this morning, a few minutes before we were ready to mount our horses. In deciding to meet at this place, the Commissioners by no means intend. ed to change their determination, heretofore communicated to you, of holding their session at Tahlequah, in accordance with your invitation, at such time as they might deem most expedient, and which it is yet their intention to do. But, for the attainment of the objects of the Commission, we still think it best that the authorities or dominant party of the Cherokee nation should be represented here, in some form or other, in order that they might hear, reply, rebut, or explain, any matters of complaint, &c., made by the parties complaining. It is not probable that the Commissioners will be able to enter into the investigation until day after to-morrow. We are, respectfully, your obedient servants, R. JONES, U. S. Army, R. B. MASON, Lt. Col. 1st Drag., WEDNESDAY, DECEMBER 11, 1844. } Commissioners. The committees were not yet organized. Taking of names continued. "Old settlers," 65; "treaty party," 60-total, 125. THURSDAY, DECEMBER 12, 1844. The committee still engaged in their deliberations. "Old settlers," 63; "treaty party," 28-total, 91, recorded. This day the committee (of 12) appointed by the national council, in behalf of the Cherokee nation, to attend the investigation in progress, arrived on the ground, and were received by the Commissioners. FRIDAY, DECEMBER 13, 1844. Nothing yet received from the committees of the complaining parties. "Old settlers," 47; "treaty party," 32-total, 79.] C This day a communication (see Appendix "I") was received: from the national committee, which was answered as follows: OLD AGENCY, CHEROKEE NATION, GENTLEMEN: Your letter of this date, requesting "to be made acquainted with the character and objects of the Commission, and what proceedings have been had by you [us] relating to them," has been received; and, in reply to the first part of your inquiry, we would refer you to our address made to the Cherokees at Tahluntuskey the 5th instant, a copy of which was furnished to John Ross, Esq., Principal Chief. Should you desire a copy, for the information of your committee, one can be furnished. The "old settlers" have not yet been heard, nor has any further business been transacted with regard to the objects of the Commission, except the registry of the names of the persons belonging to the "old settlers" and "treaty parties," whom we have seen, with a view to ascertain numbers and the proper issue of rations. For the information of your committee, the Commissioners deem it advisable to communicate the following extract of their letter, dated December 2, to John Ross, Esq., Principal Chief of the Cherokee nation : . "To so much of your inquiry as expresses the wish to know the 'exact course of proceeding which the Commissioners intend to adopt,' it is proper only to say, that the proceedings of the Board at Tahluntuskey (or elsewhere] will be conducted openly, in the presence of all; the complaining parties being first heard, and afterwards the dominant party; when the opportunity will be afforded to reply, and make such statement as the matters of charge alleged against the Cherokee authorities may require. And it is in this way that the Commissioners expect mainly to learn, on the spot, in the Cherokee nation, the real state of the facts." " To facilitate and expedite the business of the Commission, as well as for the better accommodation of the parties, after to-morrow, we shall adjourn to Fort Gibson (where of course we expect to see your committee) until the parties complaining shall have been heard, and afterwards, if it be desirable, we will adjourn to Tahlequah. We are, respectfully, your obedient servants, R. JONES, U. S. Army, R. B. MASON, Lt. Col. 1st Drag., Commissioners. TO JOHN LOONEY, J. VANN, AARON PRICE, DAVID CARTER, Commillee of the Cherokee Nation. SATURDAY, DECEMBER 14, 1844. 140 The committees of the complaining parties still deliberating. "Old settlers," 23; "treaty party," 27-total, 50. The whole number recorded at this place is, "old settlers," 251; "treaty party," 163-total, 414. The assembling of the Cherokees, under the calls directed by the Commissioners to be made, is considered as having terminated this day; and the whole number that have met the Commissioners, inclusive of this date, is, of the "old settlers," 537; of the "treaty party," 342-aggregate, 879. To facilitate and expedite the business of the Commission, as well as for the better accommodation of the several deputations, the Board adjourned, to meet again at Fort Gibson, Monday, the 16th. FORT GIBSON, CHEROKEE NATION, MONDAY, DECEMBER, 16, 1844. The Board met, pursuant to adjournment. The committees were still engaged in their deliberation, but informed the Commissioners that they would be ready to lay their statements before them at 10 o'clock A. M., to-morrow. The following letter was addressed to Mr. John Brown, president of committee of "old settlers" and "treaty party," in answer to his communication dated "Old Agency, December 13, 1844." (See Appendix" K:”) FORT GIBSON, December 16, 1844. SIR The subject matter of your note of the 13th instant has engaged our attention, and will be duly attended to. The old settlers" and "treaty party," for obeying the call of the Commissioners, and attending upon them at Tahluntuskey or elsewhere, are, after returning to their homes, considered as free from molestation by the authorities, and as much under the protection of the United States, for having peaceably assembled and met the Commissioners, as they are or have been whilst at any of the places of meeting; but we cannot believe that the Cherokee authorities are so unmindful of the true interests of the whole nation as to molest any individual, merely for obeying a call of the Government of the United States, duly made through its regularly constituted agents. We are, respectfully, your obedient servants, JOHN BROWN, R. JONES, U. S. Army, R. B. MASON, Lt. Col. 1st Drag., Commissioners. President Committee of Old Settlers and Treaty Party. In consideration of the arrival of several Cherokees, who had been on the way to the old agency, it was agreed that the general meeting might be considered as continuing until the close of this day. Accordingly, the names of 17 "old settlers" and 29 of the "treaty party" were added to the number already taken, which increased the aggregate to 925. The registry lists having been examined and scrutinized by the Commissioners, jointly with the respective committees of each party, eight names were stricken out of the list of "old settlers" and nine from that of |