October 03, 2010 <Back to Index>
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John Ross (October 3, 1790 - August 1, 1866), also known as Guwisguwi (a mythological or rare migratory bird), was Principal Chief of the Cherokee Native American Nation from 1828-1866. Described as the Moses of his people, Ross led the Nation through tumultuous years of development, relocation to Oklahoma, and the American Civil War. Between 1790 and 1845, the Cherokee attempted to become a nation state, lost their ancestral land, endured removal to the Indian Territory,
and suffered the destructive Civil War, in which their early alliance
with the Confederacy jeopardized their nation. Throughout these
tumultuous years, the dominant political figure in the Cherokee Nation
was John Ross, whose leadership spanned the entire period. By ancestry,
Ross was seven-eighths Scottish,
and he grew up in both Cherokee and frontier American environments. He
had been educated in English by white men and was a poor speaker of the
Cherokee language, but his bi-cultural background allowed him to
represent the Cherokee to the Americans in government. He was one of
the wealthiest men of the Nation. In terms of heritage, education,
status, and economic pursuits, Ross closely resembled his political
foes President Andrew Jackson and Governor George R. Gilmer of
Georgia. He was among the elite of the Cherokee Nation. By his own
person he called into question many of the 19th century
European-American assumptions about race and Native American. Ross'
life had a pattern similar to those of prominent Anglo-Métis in
North America and Canada. Scots and English fur traders in North
America were typically men of social status and financial standing who
married high-ranking women of Native American ancestry. These alliances
helped both the traders and Native Americans. They educated their
children in bicultural and multilingual environments. The mixed-race
children often married and rose to positions of stature in society,
both in political and economic terms. In
the changing environment which Cherokees encountered in the 19th
century, they needed the skills and language which Ross had developed.
The majority of Cherokees ardently supported Ross, electing him as
their principal chief in every election from 1828 through 1860. Given
his stature and the controversy over Native American affairs in the
struggle over territory, there were also a vocal minority of Cherokees
and a generation of political leaders in Washington who considered Ross
to be dictatorial, greedy, and an "aristocratic leader [who] sought to
defraud" the Cherokee Nation. Ross also had influential supporters in Washington, including Thomas L. McKenney, the Commissioner of Indian Affairs (1824
- 1830). He described Ross as the father of the Cherokee Nation, a
Moses who "led... his people in their exodus from the land of their
nativity to a new country, and from the savage state to that of
civilization." Ross was born in Turkeytown, Alabama, along the Coosa River, near Lookout Mountain,
to Mollie McDonald, of mixed-race Cherokee and Scots ancestry, and
Daniel Ross, a Scots immigrant trader. Ross' Scots heritage in North
America began with William Shorey, a Scottish interpreter who married Ghigooie,
a "full-blood" member of the Cherokee Bird clan. In 1769, their
daughter Anna Shorey married John McDonald, a Scottish fur trader at Fort Loudoun in
Tennessee. The Scottish and English fur traders were men of social
standing who arrived with some financial backing. Their children,
whether mixed-race or not, in these years shared their status and class. Their daughter Mollie McDonald in 1786 married Daniel Ross, a Scotsman who began to live among the Cherokee as a trader during the American Revolution. Ross
spent his childhood with his parents in the area of Lookout Mountain.
He saw much of Cherokee society as he encountered the fullblood
Cherokee who frequented his father's trading company. As a child, Ross
was allowed to participate in Cherokee events such as the Green Corn Festival.
Despite Daniel's willingness to allow his son to participate in some
Cherokee customs, the elder Ross was determined that John also receive
a rigorous classical education. After being educated at home, Ross
pursued higher studies with the Reverend Gideon Blackburn,
who established two schools in southeast Tennessee for Cherokee
children. Classes were in English and students were mostly bicultural
like John Ross. Ross finished his education at an academy in South West
Point, Tennessee. At
the age of twenty, having completed his education and with bilingual
skills, Ross was appointed as US Indian agent to the western Cherokee and sent to Arkansas. He served as an adjutant in a Cherokee regiment during the War of 1812. With them he participated in fighting at the Battle of Horseshoe Bend against the British-allied Creek tribe. Ross
then began a series of business ventures. He derived the majority of
his wealth from cultivating 170 acres (0.69 km2) in Tennessee worked by twenty slaves. In 1816 he founded Ross's Landing and
ferry. In addition, Ross established a trading firm and warehouse. In
total, he earned upwards on one-thousand dollars a year. After Ross and
the Cherokee were removed to Oklahoma, settlers changed the name of
Ross's Landing to Chattanooga. In 1827, Ross moved to Rome, Georgia, to be closer to New Echota,
the Cherokee capital, and leading politicians of the nation. In Rome,
Ross established a ferry along the headwaters of the Coosa River close
to the home of Major Ridge, another wealthy and influential Cherokee
leader. He also held 20 slaves who cultivated 170 acres
(0.69 km2). By December 1836,
Ross's property was appraised at $23,665. He was then one of the five
wealthiest men in the Cherokee Nation. The
years 1812 to 1827 were also a period of political apprenticeship for
Ross. He had to learn how to conduct negotiations with the United
States and the skills required to run a national government. After
1814, Ross's political career, as a Cherokee legislator and diplomat,
progressed with the support of individuals such as Principal Chief Pathkiller, Associate Chief Charles R. Hicks, and Major Ridge,
an elder statesman of the Cherokee Nation. In 1813, as relations with
the United States became more complex, older, uneducated Chiefs like
Pathkiller could not effectively defend Cherokee interests. The
ascendancy of Ross represented an acknowledgment by the Cherokee that
an educated, English-speaking leadership was of national importance.
Both Pathkiller and Hicks saw Ross as the future leader of the Cherokee
Nation and trained him for this work. Ross served as clerk to
Pathkiller and Hicks, where he worked on all financial and political
matters of the nation. Equally
important in the education of the future leader of the Cherokees was
instruction in the traditions of the Cherokee Nation. In a series of
letters to Ross, Hicks outlined what was known of Cherokee traditions. In
1816, the National Council named Ross to his first delegation to
Washington. The delegation of 1816 was directed to resolve the
sensitive issues of national boundaries, land ownership, and white
intrusions on Cherokee land. Of the delegates, only Ross was fluent in
English, making him the central figure in the negotiations. This was a
unique position for a young man in Cherokee society, which
traditionally favored older leaders. Ross's
first political position came in November 1817 with the formation of
the National Council. He was elected to the thirteen-member body, where
each man served two-year terms. The National Council was created to
consolidate Cherokee political authority after General Jackson made
two treaties with small cliques of Cherokees representing minority
factions. Membership in the National Council placed Ross among the
ruling elite of the Cherokee leadership. In November 1818, on the eve of the General Council meeting with Cherokee agent Joseph McMinn,
Ross was elevated to the presidency of the National Committee. He held
this position through 1827. The Council selected Ross because they
perceived him to have the diplomatic skill necessary to rebuff US
requests to cede Cherokee lands. In this task, Ross did not disappoint
the Council. McMinn offered $200,000 US for removal of the Cherokees
beyond the Mississippi, which Ross refused. In
1819, the Council sent Ross to Washington again. He was assuming a
larger role among the leadership. The purpose of the delegation was to
clarify the provisions of the Treaty of 1817. The delegation had to
negotiate the limits of the ceded land and hope to clarify the
Cherokee's right to the remaining land. John C. Calhoun, the Secretary of War,
pressed Ross to cede large tracts of land in Tennessee and Georgia.
Such pressure from the US government would continue and intensify. In
October 1822, Calhoun requested that the Cherokee relinquish their land
claimed by Georgia, in fulfillment of the United States' obligation
under the Compact of 1802. Before responding to Calhoun's proposition,
Ross first ascertained the sentiment of the Cherokee people. They were
unanimously opposed to cession of land. In
January 1824, Ross traveled to Washington to defend the Cherokees'
possession of their land. Calhoun offered two solutions to the Cherokee
delegation: either relinquish title to their lands and remove west, or
accept denationalization and become citizens of the United States.
Rather than accept Calhoun's ultimatum, Ross made a bold departure from
previous negotiations. He pressed the Nation's complaints. On April 15,
1824, Ross took the dramatic step of directly petitioning Congress.
This fundamentally altered the traditional relationship between an
Indian nation and the US government. Never
before had an Indian nation petitioned Congress with grievances. In
Ross' correspondence, what had previously had the tone of petitions of
submissive Indians were replaced by assertive defenders. He was able to
argue as well as whites, subtle points about legal responsibilities. This change was apparent to individuals in Washington, including future president John Quincy Adams.
He wrote, "[T]here was less Indian oratory, and more of the common
style of white discourse, than in the same chief's speech on their
first introduction." Adams
specifically noted Ross' work as "the writer of the delegation" and
remarked that "they [had] sustained a written controversy against the
Georgia delegation with greate advantage." The Georgia delegation acknowledged Ross' skill in an editorial in The Georgia Journal,
which charged that the Cherokee delegation's letters were fraudulent
because they were too refined to have been written or dictated by an
Indian. In January 1827, Pathkiller, the Cherokee's principal chief, and Charles R. Hicks,
Ross's mentor, both died. In a letter dated February 23, 1827, to
Colonel Hugh Montgomery, the Cherokee Agent, Ross wrote that with the
death of Hicks, he had assumed responsibility for all public business
of the nation. The year 1827 marked not only the elevation of Ross to
principal chief pro tem,
but also the climax of political reform of the Cherokee government. The
Cherokee Council passed a series of laws creating a bicameral national
government. In 1822 they created the Cherokee Supreme Court, capping
the creation of a three-branch government. In May 1827, Ross was
elected to the twenty-four member constitutional committee, which
drafted a constitution calling for a principal chief, a council of the
principal chief, and a National Committee, which together would form
the General Council of the Cherokee Nation. Although the constitution
was ratified in October 1827, it did not take effect until October
1828, at which point Ross was elected principal chief. He was
repeatedly reelected and held this position until his death in 1866. The
Cherokee had created a system of government with delegated authority
capable of dependably formulating a clear, long-range policy to protect
national rights. They had a strong leader in Ross who understood the
complexities of the United States government and could use that
knowledge to implement national policy. On
December 20, 1828, Georgia, fearful that the United States would be
unable to effect the removal of the Cherokee Nation, enacted a series
of oppressive laws which stripped the Cherokee of their rights and were
calculated to force the Cherokee to remove. In this climate, Ross led
another delegation to Washington in January 1829 to resolve disputes
over non-payment of annuities and the boundary between Georgia and the
Cherokee Nation. Rather than lead the delegation into futile
negotiations with President Jackson, Ross wrote an immediate memorial
to Congress, forgoing the customary correspondence and petitions to the
President. Ross found support in Congress from individuals in the National Republican Party, such as Senators Henry Clay, Theodore Frelinghuysen, and Daniel Webster and Representatives Ambrose Spencer and David (Davy) Crockett. Despite this support, in April 1829, John H. Eaton,
Secretary of War (1829 - 1831), informed Ross that President Jackson
would support the right of Georgia to extend her laws over the Cherokee
Nation. In May 1830, Congress endorsed Jackson's policy of removal by
passing the Indian Removal Act. It authorized the president to set aside lands west of the Mississippi to exchange for the lands of the Indian nations in the east. When
Ross and the Cherokee delegation failed in their efforts to protect
Cherokee lands through dealings with the executive branch and Congress,
Ross took the radical step of defending Cherokee rights through the
U.S. courts. In June 1830, at the urging of Senator Webster and Senator
Frelinghuysen, the Cherokee delegation selected William Wirt, US Attorney General in the Monroe and Adams administrations, to defend Cherokee rights before the U.S. Supreme Court. Wirt argued two cases on behalf of the Cherokee: Cherokee Nation v. Georgia and Worcester v. Georgia. In his decision, Chief Justice John Marshall never
acknowledged that the Cherokee were a sovereign nation. He did not
compel President Jackson to take action that would defend the Cherokee
from Georgia's laws. The Cherokee Nation claim was denied on the
grounds that the Cherokees were a "domestic dependent sovereignty" and
as such did not have the right as a nation state to sue Georgia. The
court later expanded on this position in Worcester v. Georgia,
ruling that Georgia could not extend its laws into Cherokee lands. It
was not because they were fully sovereign, however, but because they
were a domestic dependent sovereignty. As such the court ruled the
Cherokee were dependent not on the state of Georgia, but on the United
States. According to the series of rulings, Georgia could not extend
its laws because that was a power in essence reserved to the federal
government. The Cherokee were considered sovereign enough to legally
resist the government of Georgia, and were encouraged to do so. The
court carefully maintained that the Cherokee were ultimately dependent
on the federal government and were not a true nation state, nor fully
sovereign. Thus the dispute was made moot when federal legislation in
the form of the Indian Removal Act exercised the federal government's
legal power to handle the whole affair. The series of decisions
embarrassed Jackson politically, as Whigs attempted to use the issue in
the 1832 election. They largely supported his earlier opinion that the
"Indian Question" was one that was best handled by the federal
government, and not local authorities. In an unusual meeting in May
1832, Supreme Court Justice John McLean spoke
with the Cherokee delegation to offer his views on their situation.
McLean's advice was to "remove and become a Territory with a patent in
fee simple to the nation for all its lands, and a delegate in Congress,
but reserving to itself the entire right of legislation and selection
of all officers." McLean's advice precipitated a split within the Cherokee leadership as John Ridge and Elias Boudinot began
to doubt Ross' leadership. In February 1833, Ridge wrote Ross
advocating that the delegation dispatched to Washington that month
should begin removal negotiations with Jackson. However, Ridge and Ross
did not have irreconcilable worldviews; neither believed that the
Cherokee could fend off Georgian usurpation of Cherokee land. Although
Ridge and Ross agreed on this point, they clashed about how best to
serve the Cherokee Nation. In
this environment, Ross led a delegation to Washington in March 1834 to
try to negotiate alternatives to removal. Ross made several proposals;
however, the Cherokee Nation may not have approved any of Ross' plans,
nor was there reasonable expectation that Jackson would settle for any
agreement short of removal. These offers, coupled with the lengthy
cross-continental trip, indicated that Ross' strategy was to prolong
negotiations on removal indefinitely. He hoped to wear down Jackson's
opposition to a treaty that did not require Cherokee removal. Ross'
strategy was flawed because it was susceptible to the United States'
making a treaty with a minority faction. On May 29, 1834, Ross received
word from John H. Eaton, that a new delegation, including Major Ridge,
John Ridge, Elias Boudinot, and Ross' younger brother Andrew,
collectively called the Ridge Party, had arrived in Washington with the
goal of signing a treaty of removal. The two sides attempted
reconciliation, but by October 1834 still had not come to an agreement.
In January 1835 the factions were again in Washington. Pressured by the
presence of the Ridge Party, Ross agreed on February 25, 1835, to
exchange all Cherokee lands east of the Mississippi for land west of
the Mississippi and 20 million dollars. He made it contingent on the
General Council's accepting the terms. Lewis Cass,
Secretary of War, believing that this was yet another ploy to delay
action on removal for an additional year, threatened to sign the treaty
with John Ridge. On December 29, 1835, the Ridge Party signed the removal treaty with
the U.S., although this action was against the will of the majority of
Cherokees. Ross unsuccessfully lobbied against enforcement of the
treaty. Those Cherokees who did not emigrate to the Indian Territory by 1838 were forced to do so by General Winfield Scott. This forced removal came to be known as the "Trail of Tears".
Accepting defeat, Ross convinced General Scott to allow him to
supervise much of the removal process. On the Trail of Tears, Ross lost
his wife Quatie, a full-blooded Cherokee woman of whom little is known. She died shortly before reaching Little Rock on the Arkansas River. Ross later married again, to Mary Brian Stapler. In
the Indian Territory, Ross helped draft a constitution for the entire
Cherokee nation in 1839, and was chosen as chief of the nation. The American Civil War was
a test for Ross to hold the nation together, preserve national rights
acquired by treaties, and ensure national welfare. As the southern
states seceded and formed the Confederacy, slave-owning Cherokee, who formed the core of the old Treaty Party, banded together under the leadership of Stand Watie and pushed for a treaty with the new Confederate government. The
Cherokees' own severe internal dissension from the 1820 to the 1840s
over issues of acculturation and removal motivated Ross' overriding
concern for unity in 1861. Furthermore, Ross understood that "the
relations which the Cherokee people sustain toward their white brethren
have been established by subsisting treaties with the United States..." The
Cherokee right to land, self-government, and annuities from the sale of
ancestral lands were all secured in treaties with the United States;
Ross knew they would be lost if the Cherokee Nation joined the
Confederacy. Seeing the conflict between treaties with the Union and
some members' sympathies with the Confederacy, Ross opted for a policy
of neutrality to unify the nation and ensure that Cherokee rights were
not lost. In February 1861, Ross began a vigorous campaign among the leaders of the Chickasaw, Choctaw, and Creek Nations
to advance his policy, emphasizing loyalty to the United States to
protect their treaty rights. The policy of neutrality was a skillful
attempt to spare the Cherokee the depredations of war and the potential
loss of their precious rights, but by July 1861, Ross had been informed
that "difficulties of a serious character existed...between half and
full blood Cherokees..." Ross
attempted to salvage the situation by convening the Executive Council
on August 21, 1861, "for the purpose of devising means by which the
people may become deeply impressed with the importance of being united
in sentiment & action for the welfare of our Common Country." Ross
explained how the Cherokee' treaty relationship with the United States
dictated the policy of neutrality. Nonetheless, he concluded with, "in
my opinion, the time has now arrived when you should signify your
consent for the authorization of the nation to adopt preliminary steps
for an alliance with the Confederate States..." His
shift was understandable in terms of traditional Cherokee political
ethos. Any Cherokee leader would have been expected to calmly state and
restate the same opinion until a consensus emerged, at which point all
Cherokee would either accept the emerging sentiment or withdraw. Ross
perceived the forces pushing for ties with the Confederacy to be in the
majority; in traditional Cherokee style, he acceded to the majority
sentiment in order to preserve unity and harmony. Despite
his attempt to keep the Cherokee united, not all agreed with this
position. Before the end of 1861, the Civil War had come to the Indian
Territory; the failure of Ross to shield the five nations was complete.
The Cherokees had chosen the wrong ally to defend the nation's rights,
for the South could not protect the Cherokee Nation. The Union Army invaded it in July 1862. With
this defeat, the Cherokee nation was abandoned by the Confederacy.
Fearing the loss of the rights for which they had sacrificed their
ancestral lands, Ross led a large part of the population back to
allegiance to the Union cause. A regiment of Cherokee men enlisted in
the Union Army. Ross went to Washington, where the Cherokee leadership
hoped he could "advocate our cause, to represent us [in Washington] and
exert all your influence to preserve our nationality and our rights." In a letter to President Lincoln before
his arrival, Ross outlined a six-point defense of Cherokee rights based
on mutual observance of treaty obligations. The skillfully crafted
argument absolved Cherokee disloyalty by claiming the treaties were
abrogated by the failure of the United States to fulfill the promises
it had contracted. Lincoln, a trained lawyer, expressed doubt about the
logic of Ross' arguments. Although unwilling to accede to the idea that
the United States had special obligations to the Cherokee, Lincoln
acknowledged the Cherokees' general right to protection by the
government. Ross
stayed in Washington from October 1862 through July 1865. In 1863 Stand
Watie's troops burned his home of Park Hill in Oklahoma, demonstrating
the strong conflicts within the Cherokee nation. Ross continued to
defend Cherokee treaty rights and tried to ensure the welfare of the
nation for the duration of the war. The government-in-exile received
grievances and updates from citizens who remained in the Nation. Ross,
who gained access to members of Congress and the Executive, lobbied to
aid the Cherokee and other western Indian nations. Although Ross was
able to establish and maintain correspondences with Lincoln, Edwin M. Stanton,
Secretary of War; and William P. Dole, Commissioner of Indian Affairs,
his task remained arduous. His pleas received sympathetic hearing, but
he had not convinced the government of its obligations to the
Cherokees. Ultimately, Ross was successful in getting Cherokee
regiments armed for defense, which allowed the Cherokee to return to
the Union. He was never successful in settling the Cherokees' rights
with the United States. In
his final annual message on October 1865, Ross assessed the Cherokee
experience during the Civil War and his performance as chief. The
Cherokee could "have the proud satisfaction of knowing that we honestly
strove to preserve the peace within our borders, but when this could
not be done,...borne a gallant part in the defense...of the cause which
has been crowned with such signal success." Ross died on August 1, 1866 in Washington, DC. The City of Chattanooga named the Market Street Bridge in Ross's honor. The
city of Rossville Georgia, just south of the Tennessee state line is
named in Ross' honor. The "John Ross House" is located there, and is
one of the oldest surviving homes in the Chattanooga area. Ross lived
there as a child and received much of his formal education until moving
closer to New Echota. Ross sold the home to relatives in 1828. |