Note 280 — II—HISTORICAL SKETCH OF THE CHEROKEE

The idea of a civilized Indian government was not a new one. The first treaty ever negotiated by the United States with an Indian tribe, in 1778, held out to the Delawares the hope that by a confederation of friendly tribes they might be able “to form a state, whereof the Delaware nation shall be the head and have a representation in Congress.”280 Priber, the Jesuit, had already familiarized the Cherokee with the forms of civilized government before the middle of the eighteenth century. As the gap between the conservative and progressive elements widened after the Revolution the idea grew, until in 1808 representatives of both parties visited Washington to propose an arrangement by which those who clung to the old life might be allowed to remove to the western hunting grounds, while the rest should remain to take up civilization and “begin the establishment of fixed laws and a regular government.” The project received the warm encouragement of President Jefferson, and it was with this understanding that the western emigration was first officially recognized a few years later. Immediately upon the return of the delegates from Washington the Cherokee drew up their first brief written code of laws, modeled agreeably to the friendly suggestions of Jefferson.281