Under an act of the Legislature, a body of militia had been organized, under the name of the "Georgia Guard." It was the duty of the Guard to protect the citizens of Georgia and the friendly Cherokees. John Howard Payne, the famous author of "Home, Sweet Home," was arrested by this Guard. The poet was traveling among the Cherokees for information, and was no doubt ignorant of the state of feeling then existing. He was finally suspected by the vigilant Georgia Guard of writing improper papers. He had been seen making notes, and when he was arrested his papers were searched. The commander of the Georgia Guard, Colonel William N. Bishop, reported to the governor that he had examined some of Mr. Payne's papers, and found some very improper and indiscreet statements about the President, the government, and the State authorities, and many bitter remarks concerning Cherokee matters. Evidently, Colonel Bishop was of the opinion, that, while a politician or a newspaper editor might be allowed to indulge in improper and indiscreet statements about Presidents and other public men, a poet had no such rights. But the colonel finally discharged Mr. Payne from custody, and the very foolish proceeding was condemned by a resolution of the General Assembly.
In 1835 two parties had developed in the Cherokee nation. One was in favor of removal to the Western lands, and the other was opposed to removal. John Ridge headed the removal party, and John Ross the opposition. In February of that year these men went to Washington at the head of deputations, and entered into negotiations with the General Government. After a great deal of talk, excitement, confusion, and trouble, the Cherokee people finally concluded to hold a meeting at Red Clay in October, 1835. There was a good deal of angry feeling between those of the Cherokees who were in favor of a treaty of removal and those who were opposed to it. Major Ridge, John Ridge, and David Vann were impeached for holding opinions contrary to those held by the Cherokee authorities. On the other hand, many of those in favor of removal met, and passed resolutions, in which they declared that their people could not prosper in the midst of a white population, and that, while they loved the lands of their fathers, and would leave the place of their birth with regret, they considered that it would be better to become exiles than to submit to the laws of the State.