That portion who emigrated to the west of the Mississippi prior to the
year 1819, commonly called the "Old Settlers," and that portion who made
the treaty of 1835, known as the "treaty party," it is believed would
willingly unite, and could live together in harmony. The number of
these, as nearly as can be estimated, is about one-third of the tribe.
The whole number of all the bands or parties does not probably exceed
20,000. The country which they occupy embraces 7,000,000 acres of land,
with the privilege of an outlet to the western limits of the United
States. This country is susceptible of division, and is large enough for
all.
I submit to Congress the propriety of either dividing the country which
they at present occupy or of providing by law a new home for the one or
the other of the bands or parties now in hostile array against each
other, as the most effectual, if not the only, means of preserving the
weaker party from massacre and total extermination. Should Congress
favor the division of the country as suggested, and the separation of
the Cherokees into two distinct tribes, justice will require that the
annuities and funds belonging to the whole, now held in trust for them
by the United States, should be equitably distributed among the parties,
according to their respective claims and numbers.
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