Daily Archives: 11 October, 2020

1843: Jacob West, Ridge-Watie faction assassin

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On this date in 1843, the Cherokee nation in Oklahoma hanged Jacob West for an election-related murder.

The affair was part of the bloody factional conflict among Cherokee following the Trail of Tears expulsion from ancestral homelands in the American southeast. We’ve touched previously on this conflict in our post on Archilla Smith, the first man executed in the new Cherokee lands. Indeed, West’s victim was the man who prosecuted Archilla Smith, a fellow by the name of Isaac Bushyhead.*

Both that previous hanged man Smith and this date’s principal, Jacob West, were affiliated to the Ridge–Watie faction — Cherokee who had signed the controversial treaty acceding to removal. It’s a fair supposition that the growing U.S. would have ethnically cleansed the Cherokee in the east no matter what, but in the event, it was this treaty that supplied the legal basis for doing so. For obvious reasons, the faction aligned with it was not universally popular.

That’s especially so given their opposition by the Cherokee principal chief, John Ross — the nation’s great statesman in the mid-19th century who refused to sign off on removal. For several years in the early 1840s, recriminations between the Ridge-Watie and Ross factions boiled frequently over into violence.

No surprise, then, that we find in R. Michael Wilson’s Legal Executions in Nebraska, Kansas and Oklahoma Including the Indian Territory: A Comprehensive History a deadly attack in the co

On August 8, 1843, following the biennial elections, Jacob West led a party of six men, including sons George and John West, in an attack on three election judges counting ballots in the Saline District. During the melee that followed George West stabbed Isaac Bushyhead, who had been the prosecutor of [Archilla] Smith, killing him, and all the men beat David Vann, treasurer, and Elijah Hicks, associate Judge of the Cherokee Supreme Court, but Vann and Hicks survived and recovered. A large crowd finally surged forward and captured Jacob and John West, but George and the other three men escaped.

West, a born U.S. citizen who had married into and long lived among the Cherokee, in his own turn appealed to the federal government for a writ of habeas corpus to escape his neighbors’ jurisdiction. It was a case potentially implicating many of the thorny questions of citizenship and sovereignty that have haunted federal-tribal relationships for generations.

Future U.S. president Zachary Taylor, then the commander of the frontier military district surrounding the Cherokee lands, forwarded West’s petitions sympathetically to the U.S. Supreme Court. The courts preferred the reply of the Cherokee official who wrote,

Jacob West has resided in the Cherokee nation, as a citizen thereof, between thirty and forty years, enjoying the benefits of the laws of the nation in every respect during the above period, and has raised a tolerable numerous family of Cherokee children since his residence among us; and although his wife is dead, he is still a citizen of our country, by virtue of our laws and customs … If Jacob West were nothing more than a transient citizen among us, the case would be different; but his expatriating himself from his own country, marrying among the Cherokees, raising a family, remaining among us, participating in our funds, enjoying the benefits of treaties, make it appear he is a citizen of the country.

Jacob West was hanged at Tahlequah on October 11. Four days later, his son John West was publicly flogged for the same crime. In between those two days, John Ross enacted packages of new legislation meant to control the destabilizing political violence abroad, authorizing new policing bodies and harsher penalties for hiding fugitives.

* There’s a recent biography about Bushyhead’s brother, minister Jesse Bushyhead.

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