"The Only Independent Cherokee Newspaper"
"The Original On-line Independent Cherokee Newspaper"
Copyright © 1992-2007 All Worldwide Rights Reserved
The Cherokee Observer, Inc.
http://www.cherokeeobserver.org
Cherokee Observer Language Editor
Home Page

---

Historical Documents

---

Presidential Proclamation of Pardon and Amnesty

Marvin J. Summerfield -- Language Editor

Editor's Note: We are printing President Abraham Lincoln's Proclamation of Pardon to the Cherokee Nation after the civil war.

Courtesy of the Gilgrease Museum of Tulsa, Oklahoma.

2G uf Rye,
4g[u9L tjvfjg #[u9m

      It is true, that the government's constitution allows the President to pardon those who have wronged the U. S. Government. If they have been arrested by the use of paper, then it is against the law to pardon them.
      It is true, a war against our central government is now here. That's the reason the representatives of our states and the work of the state's government have been turned over (in turmoil) for a long time. There are more people who are against our government and those are with me are obligated to punish them.
      During this war between states laws have been passed against those who fought us. Those who own workers (slaves) are to let them go.
      The President made it evident that this was handed to him and it started at once (law) though it was some time later when it was published. What the judges have decided makes sense. The President had the power to pardon. He has published that all slaves are to be freed. All who were members in the war between states and those who were in the war against the central government need to take new stand. They are to take part in our own government. The reason is:
      I, Abraham Lincoln, the President of the United States, have told them and I speak to all of those who were in the war against states. They are the only ones who worked, they are known as followers. They must not hate the rest of them, as dividuals, they must pledge to this. Those who pledge must sign their names. From then on, love must be in their hearts. That is the way to be for those who pledge on the long paper, that is to be preserved (filed away). [and this what they say when they pledge:] repeated later.
      I, Abraham Lincoln, President of the United States, am making known by speech to all who took part in the War against the states. Those who worked can be identified as well as those who followed. Don't let what is written below be unpleasant. For each and everyone I have given pardon. What was theirs in the past, I have made it theirs the second time_________. If those individuals who will pledge or those who have pledged will write their names, from then on they must live in friendship and love. That's what the pledge says in the long paper that is preserved and this is what the pledge or oath is:
      "The beloved oath I now take, witnessed by God whose knowledge and strength is unbound. That from now on, without deceit I'm to be a part of it (the nation), aid it, and be included by the United States Government laws, and must obey those in the command of the laws. In the same way and without deceit, I'll obey all the laws of this nation that were passed since the war (that which was against slavery) until they (laws) are repealed, or changed, or made void (useless) by the council or the delegates, and what the Supreme court judges."
      Now that this has been published or made known, you are not to dislike it. Neither are the past workers that I pardoned from all of the districts, nor the delegates from the other districts where the law is known; and the freed judges of the United States Government, those who are on the outside and are against the government judges, those who caused the war against the United States Government, I speak to them. (Also I include those that were the bravest who fought in water and those who fought on land.) Also I include those who aided in the war against the government, the blacks and of the whites who had slaves.
      Now that we have published, spoken and have made it known what has been wrong in the different districts or states such as Texas, Louisiana, Arkansas, Tennessee, Oklahoma [territory?], Georgia (at Seminole, Florida probably), North Carolina, South Carolina. These states elected a president in the year 1860. In those states as many as could voted (spoke). Usually there were as many as ten in one group, and these were only those who had pledged. Those who quit later and have not pledged and did not try to be free, there in the state where they reside the law speaks (in their behalf) if there is any fighting during election. All of them have been counted now and they will be made into a state. As states are formed, the many (people) will be given the power to do the work of the state and they must not forget the oath they have taken. The state will own the districts. The government is watching the towns so they must follow the laws as they are. In the towns there are many who are responsible for the law. The states are to be helped by the government and protected if attacked, or if a meeting place for the delegates is needed, they are to be helped-but their own people must work with great effort.
      I will make known soon something about what the states should do about taxing those who live there-if they do that they will be given grace, then they can survive. These people must be workers, owners of land, and owners of homes. If they do this they need not give up to the nation but rather they become a part of the nation. Form the states according to what has happened-all the land must be surveyed according to the United States Government law. The law as it was before the nation was rebelled against. If you will model after that law then it will be right. The written law should be charged only if the nation (people) change it.
      So that it will not be misunderstood I have had to say this.
      Let's not be in disagreement in the territories but get right behind your state just as the people of the United States get behind their government, for the same reason.
      This publication had made known of the territories' forming into states. I have not forgotten the territories. Those that are states already I encourage constantly to get behind the territories. It becomes necessary that I repeat this; some territories have sent delegates. Those delegates who are in the upper and lower (houses?) have the power to speak, or maybe not. Now that this has been published and this is what it has tried to point out: there in the states, the town chief's do not know that so much is in upheaval. The chiefs of the states are responsible for what happens in aiding the reconstruction of the states. What is written must be done, it is up to the chief's to follow what's written with understanding. Let it not be misunderstood. They may be saying let's do differently-we are not going to approve. It seems we are not watchful.
      I used my own hand to write this, here in the town of Washington, now this 8th day of December in the year 1863, and since the forming of the United States Government 88 (years?)
I, Bill SuWati
Abraham Lincoln
Chief Ass't to the President

      [s9H, eghGfY 20pg #4wwde 2d R4wdg Gu, #spg 2d bs;ujw0pg )wc4xx [sYL 3[0m #sp #4wMfhi YL3, z%9 'xwdsjg h5Ljejg c(k'm YL W-pj[ [y4'weje YL Gu, 2d,
      [s9H, m2 4jg #4g #4wMfhi YL #sp3, #fNije =wdL #4Mfhi YL 2d #4wMf YL3 4" Oewdpjh, 'yjeH 2n, #{Om sYL4, 4jgi 4jH 'yjeH b4wsGx 2Bf #47VL 2d #sNo YL 2srkg, 4 #yL 39ysa'm tg s[' 2x'3jx W-Ix b4Nmj]' bv%GaeL 1817 2d 1819,  2syts 2srkg-. 4jg t'whfj7]' 3hx ChMfh Gu zjhs qs6Og, 2d #4wMfx t=4fj]'g, 2U- [n6 gje sYL4 YL #fsgx 2U #4w'je zjhs #s6mje t='0;g, 2d 4jg t=ysa' ]f 394wxmz% lw0;m 394fj]'m 2srkg q4Pj7e t=fj]', 4jg 39je #b;e =fj]' #sr% ^jx 394fjw0eo 4H q4Pj7eo, 2d ^jx 39'0eo qsW"yxje, 4jg Bfhi e7fg =4x'3, 2d 2x'3jejg 3[yjen 4sD #4fjv;7e, 4jg #4Mf 39fj7eo shD b9cx3 YL3.
      4jg 39je 2G ^gr% eW;[ ^hv'm 2d )vf[ ^Mm ^trkg ^gr% CgkuOm YL3, 4jg ^Oej[ 4{[4 2d h{ggze sYL4 ^hMfhi YL3, 4H h;He9 2d ^h@85m ^t0h 2Bf ^h7Veo, m2- =jvje ^gi'eo, rkg 2Bf #7VL3.
      4jg- 4H ChPj]'m tg, #[yf ^jx [B;e ^jx 3[0eo shx 2j8xm sYL4 eh;ujw0e YL3 qw6; ^jx 3[0e 2l s7rPjej[4 tYLg ^l9 7rwB;4l 4jg 4 eh;ujw0e YL ^jx 3[0eo e[7eo eW"yxje 4" nuseV bwd'3, 2d 4jg e=cejg 2srkg 20m, w=cej[ 4jg q'7e YUje 2d 4jH eRBx #V[u9mo )07;m, q4RBx 3eV #4v'm 2srkg q4w0Meo 2jhB[jw jht, #[yf #4w'jeo zjhs #s6mjeo, 'yjvje #4Lh; 4jg 4 eh;ujw0e, 3h3 qs;ujw0e #4Lh;3, [s 2j8xm YUje. 2d 4jH shD #4Mf YL 2d #4Mf 3Y[0;m 2srkg hw 2Bf #sp3, eW;[3eV ep3, 2d )vf[ 3eV jhjg{3, zHs #(3G, #fNije shx qwd’x 2Bf zm #fjYx YL3, 4jg tbsp ]f 394wxm 2srkg lw0;m 394fj]'m, 4jg eghGfY 'w9wd'm og 2d shDH 3;mV 'w9wd'm og, cm 39wd'x 2d )yEeeL 2srkg 2Bf #47VL #4Mfhi YUje, 4jgi r47V4 cm b4Pj]'3.
      7h7D 7C(;h 2s 2tj["Yjxo vhfCx3, 12l0 3h EBHs, 1839.
      #sre wskuD #s0Om.
        (George Lowrey) rt 2gf,
                                  qw%"3 eW;[ 3eV 20m
2srkg.
(George Guess) lHi,
qw%"3 )vf[ 3eV 20m 2srkg.
qy-2jg
#r6e              24%'Djg.
egqdjg
ydsw,        rs h%x,        2ijh5egjg,
2t 2Rde,        wjggem,        6o ee7e,
0e #dTx,        eWd4jw,        #M;'m,        EujEu, (John Ross)
                =[u9L #[u9m eW;[3eV #4v'm.
     34x 243, (GoingSnake)
                W0g 2Bf wskuD3.
C;qnf,  vu,     24%'Djg.
l8qc',

rkgem,               r]hefm,             qfjKe.
Ws:t,                 6s ha8;,            #je0E,
[4hGf,                 yisx,              rf hfHg, 2j7ke, Mg h-I4,    6s #";m, #sre wskuD 2Bf #s0Om330 3h h5s 1839.
(John Looney) #gRe.
=[u9L #[u9m )vf[3eV r0n 2srkg.

      WHEREAS, our fathers have existed as a separate and distinct Nation, in the possession and exercise of the essential  and appropriate attributes of sovereignty, from a period extending into antiquity, beyond the records and memory of man; and
      WHEREAS, these attributes, with the rights and franchises which they involve, remain still in full force and virtue; as do also the national and social relations of the Cherokee people to each other, and to the body politic, excepting in those particulars which have grown out of the provisions of the treaties of 1817 and 1819, between the United States and the Cherokee Nation, under which a portion of our people removed to this country, and became a separate community; but the force of circumstances have recently compelled the body of the Eastern Cherokees to remove to this country, thus bringing together again the two branches of the ancient Cherokee family; it has become essential to the general welfare that a Union should be formed and a system of government matured adapted to their present condition and providing equally for the protection of each individual in the enjoyment of all his rights.
      THEREFORE, we, the people composing the Eastern and Western Cherokee Nation, in national convention assembled, by virtue of our original and unalienable rights, do hereby solemnly and mutually agree to form ourselves into one body politic, under the style and title of the Cherokee Nation.
      In view of the Union now formed, and for the purpose of making satisfactory adjustments of all unsettled business which may have arisen before the consummation of this Union, we agree that such business shall be settled according to the provisions of the respective laws under which it originated, and the courts of the Cherokee Nation shall be governed in their decisions accordingly. Also, that the delegation authorized by the Eastern Cherokees to make arrangements with Major General Scott, for their removal to this country, shall continue in charge of that business, with their present powers, until it shall be finally closed. And, also, that all rights and titles to public Cherokee lands on the East or West of the river Mississippi, with all other public interests which may have vested in either branch of the Cherokee family, whether inherited from our fathers or derived from any other source, shall hence forward vest entire and unimpaired in the Cherokee Nation, as constituted by this Union.
   Given under our hands, at Illinois Campground, this 12th day of  July, 1838
   By order of the National Convention.
George Lowrey
President of the Eastern Cherokees
George Guess, his [X],
President of the Western Cherokees;

Eastern Cherokees and R.Taylor,V.P. James Brown, V.P. Te-ke-chu-las-kee, V.P. GeorgeHicks. John Benge. Thomas Foreman. Archibald Campbell. Jesse Bushyhead Lewis Ross. Edward Gunter. Te-Nah-La-We-Stah. Stephen Foreman. Daniel McCoy

Western Cherokees Tobacco Will, V.P. David Melton, V.P. John Drew,V.P. George Brewer. Thomas Candy. Mosses Parris. James Campbell, Looney Riley, Charles Gourd, Lewis Melton, Young Wolfe, Charles Coody, Looney Price.

By order of the National Convention.      By order of the National Convention                 JohnRoss,                                                           August 23, 1839
Principle Chief, Eastern Cherokees.                                                 [X]
Going Snake, Speaker of Council                                                  John Looney Acting Principle Chief, Western Cherokees.