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LIST OF DOCUMENTS
FREE DOCUMENTS
1. The Treaty of 1817
The first treaty whereby some Cherokees agreed voluntarily to give up their land and move west. A precedent-setting document and helps explain the Arkansas Band.
2. President Monroe's View of Cherokee Removal - 1824
A quotation from Monroe to his cabinet. Describes his attitudes toward the legal rights of the Cherokees regarding forced removal and his advice to the Cherokees.
3. Georgia Reacts to the Cherokee Constitution - 1827 Much of the country, and even England, thought the new Cherokee Constitution was a great step forward for Cherokee civilization. Georgia thought otherwise.
4. Georgia Laws of 1828
The passing of these laws, a pivotal event, stripped Cherokees of virtually all rights in the state of Georgia. With these laws, Georgia declared war on the Cherokees and set into motion the beginning of the end.
5. Major Ridge Speaks Against Removal - 1829
Gives the highlights of a speech in which the Ridge explains his reasons against removal.
6. Boudinot's Defense of the Pro-Treaty Position - 1832 A well-stated explanation in favor of the Cherokee's choosing to move to the west.
7. Treaty of New Echota - 1835
This is the primary treaty in the history of the Cherokees. It made legitimate, in the view of some people, the removal of the Cherokees to the west.
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8. Biosketch of Major Ridge, John Ridge
Gives the background of two of the most influential Cherokee leaders who were quite active in the trade, government, and removal of the Cherokees. They were Cherokee leaders in favor of removal.
9. Biosketch of John Ross Gives the background of the man whom most Cherokees viewed as the, primary leader during the 1830's. He opposed removal.
10. Biosketch of Sequoya
outlines the life of the man who successfully converted the Cherokee language into writing, an accomplishment which profoundly affected the history of the Cherokee Nation.
11. Cherokee Government and Political organization
Describes the type of representative government of the Cherokees. Helps disspell the myth of Indian dictatorship and introduces the idea of Indian democracy.
12. Description of Major Ridge's Plantation
Describes the type of farming and possessions of this Cherokee leader. Illustrates the degree of cultivation and civilization of some Cherokees and helps disspell the picture of Indians as primitive savages.
13. Congressional Policy on Indian Removal
Outlines attitudes in Congress. Cites comments from John C. Calhoun and President VanBuren.
14. Poems by John Ridge - 1819
Two poems written while John Ridge was a student in Connecticut. Good evidence of the level of western education and mental sophistication of some Cherokees.
15. Major Ridge Reacts to Bribery Attempt - 1823
A speech by The Ridge at a council meeting when a Creek leader and friend of The Ridge is exposed as taking a bribe from whites. Illustrates the attitude, code of ethics,,and view of friendship by Major Ridge.
16. The Development of the Arkansas Band, 1808 -1817
.Describes an early division around the Cherokees and the western movement of some people. Gives a rationale why some people wanted to move west and why some wanted to stay and also gives the stance of the U.S. government regarding those views.
17. Old Blood Law and New Blood Law - 1796 and 1829
Describes the traditional Blood Law: Major Ridge as a young man was instrumental in its change. Also describes a new Blood Law, which was instrumental in the deathe of Major Ridge.
18. Gold and the Act of 1802 - 1830
Describes a Court decision which had state's rights as the central issue. Had profound meaning for the Cherokees.
19. A Supreme Court Decision - 1830
Describes a Court decision which had state's rights as the central issue. Had profound meaning for the.Cherokees.
20. Letter: Henry Clay to major Ridge - 1831
Clay tells of his views regarding the Cherokee controversy and the views of other leaders in Washington.
21. The Cherokee Nation Sues the State of Georgia - 1831
The Cherokees applied for an injunction against Georgia for its 1828 laws. This document presents the major points of the case and the decision of the Supreme Court.
22. Worchester V. Georgia - 1831
A missionary was arrested by Georgia on the violation of some state laws. President Jackson and the Supreme Court were involved with the case, the central issue being state's rights. A vital document.
23. Attitude of President Jackson - 1831
In a conversation and a letter Jackson's views are expressed regarding the role of the federal government in relation to the laws of Georgia, the rights of the Cherokees, and the best course of action for the Cherokees.
24. John Ridge Changes His Mind - 1832
John Ridge is changing his attitude toward the best future for the Cherokees was a crucial turning point in Cherokee history. This document describes the circumstances of his decision.
25. New Views of Washington Whites Regarding Removal - 1832 Sympathetic whites in Washington have a change of heart, and their support for the Cherokees is crucial; but the times have changed.
26. John Ross offers to Sell - 1835
This document represents an insight into ironic history. It describes the treaty bargaining by the leader of the anti-treaty group when he expressed a willingness to remove.
27. Reaction to the Treaty of New Echota, by Major Davis - 1835 Major W. M. Davis of the U.S. Army was aware of the conditions under which the Treaty of New Echota was signed. He describes these conditions and his opinions in a letter to the Secretary of War.
28. major Ridge Address the Cherokee Council Dec. 24, 1835 The Ridge presents his views on retaining the homeland and on the proper course for Cherokee to follow.
29. Letter: the Ridges to President Jackson, June 30, 1836 The Ridges outline the situation of the Cherokees in general, and the activities of Georgia and whites in particular. They indicate what role they think the federal government should now play.
30. Letter: from General Wool, Sept. 1836
General wool was in charge of federal troops in Cherokee country in order to maintain peace. He describes the situation during the time following the Treaty of New Echota and before the removal. He also predicts what he thinks will happen.
31. General Winfield Scott Addresses the Cherokees and His Troops, May 1838 General Scott, in charge of the removal, gives advice to the Cherokees as to how they should conduct themselves and orders to his troops as to their conduct.
32. Removal of the Cherokee: The Round-up--1838
Accounts of how the soldiers, other whites, Cherokee families conducted themselves during the round-up and taken to stockades.
33. A Cherokee's Personal Account of the Trail of Tears--1838
An Indian who survived the move recounts his experiences, observations, and after-effects. Emotional and powerful.
34. Description of the Trail of Tears by an Uninvolved Observer--1838 A white man who had nothing to do with the removal of the Cherokees describes what he saw when he came across a group of Cherokees moving west.
35. The Deaths of Major Ridge, John Ridge, and Elias Boudinot--june, 1839 Shortly after the leaders of the pro-treaty group had moved to the west and established themselves in new homes, they died. The circumstances of their deaths had serious effect on the Cherokee Nation for many years to come.
36. Intra-Cherokee Relations Following the Deaths of the Ridges and Boudinot The circumstances of the deaths of the Ridges and Boudinot created a division within the Cherokee Nation which lasted for many years. Concerns
were: justice, vengence, amnesty, war, and peace.
After much discussion and negotiation, representatives of the United States government and people from the Cherokee Nation agreed on a treaty. In essence, the treaty was a trade of land which would result in Cherokees moving west. The Cherokees gave up two tracts of land, one in Georgia and one in Tennessee. An equal amount of land was given to them in Arkansas. The United States agreed to pay for improvements on the land given up by the Cherokees. The government also agreed to give a rifle, ammunition, a blanket, a kettle, and a beaver trap to each Indian who moved west but had no land to give up.
General Andrew Jackson, General David Meriwether, and Tennessee governor" Joseph McMinn made the treaty for the United States. The Cherokee group that signed the treaty were 31 men from the eastern land and 15 men who had already moved to Arkansas. Most Cherokees were opposed to the treaty and clearly did not want to move. They felt that the treaty was not valid because their real leaders had not signed it.
#2
PRESIDENT MONROE'S VIEW OF CHEROKEE REMOVAL 1824
in a message to his Cabinet, Monroe stated:
"I have no hesitation to declare it -as my opinion, that the Indian title was not affected in the slightest circumstances by the compact with Georgia, and that there is no obligation on the United States to remove the Indians by force. My impression is equally strong that it would promote essentially the security and happiness of the tribes within our limits, if they could be prevailed on to retire West and North of our States, and territoried, on lands to be procured for them by the United States, in exchange for those on which they reside. There are many difficulties of the Indians, hemmed and pressured as they are on every side, and are liable to lose their moral character under such conditions. But all these evils may be avoidediif these tribes will consent to remove beyond the limits of our present states and territories."
#3
GEORGIA REACTS TO THE CHEROKEE CONSTITUTION 1827
The Cherokees thought that their consitution would make them look more like equals to the whites and less like ignorant savages. Many people in the North and Washington thought it was an excellent document and evidence that the Cherokees were a civilized people. The whites in Georgia, however, were angered and upset over the Cherokee Constitution. Instead of their seeing the Cherokees as civilized equals, they felt the constitution Res asign that the Cherokees intended to stay and not move west. Georgia viewed the Cherokees as being there only temporarily and felt Georgia had the right to take Cherokee land, by any means necessary, at any time. The governor of Georgia declared they would force the Cherokees out at the end of 1828 if they had not already left.
#4 Georgia Laws of 1828
On December 20, 1828 Georgia passed a series of laws annexing Cherokee lands in that state. All Indian laws were deemed null and void, and no person of Indian blood could be a witness in court case involving a white man. The provisions were as follows:
1. Indian lands annexed by the State of Georgia were divided into 160 acre land lots and 40 acre gold lots, and were distributed to white citizens of the state by public lottery.
2. Each Cherokee head of household was allowed a lot of 160 acres but since there were no deeds, and given the inability of Indians to testify in court against whites, Indians could not
protect their lands from seizure.
3. A law passed at the same time made contracts between Indians and whites invalid, unless their were witnessed by the testimony of two white witnesses.
4. All men white living in the Indian lands of Cherokee country were forced to swear an oath of allegiance to Georgia, under penalty of four years imprisonment. The intent of the law was to force missionaries and teachers who would refuse to take to the oath off Indian lands.
5. Cherokees were also prohibited from holding council, assembling for any purpose, or digging for gold on their own lands.
#5
MAJOR RIDGE SPEAKS AGAINST REMOVAL 1829
In an effort to unite the people, Major Ridge went throughout the Cherokee Nation in speaking.against removal. The following speech is a sample.
"fire have noticed the ancient ground of complaint, founded on the ignorance ofour ancestors and their fondness for the chase, and for the purpose of agriculture as having in possession too much land for their numbers. What is the language of objection this time?
The case is reversed, and we are now assaulted with menaces of expulsion, because we have unexpectedly become civilized, and because we have formed and organized a constituted government. it is too much for us now to be honest, and virtuous, and industrious, because then are we capable to aspiring to the rank of Christians and Politicians, which renders our attachment to the soil more strong, and therefore more difficult to defraud us of the possession. Disappointment inflicts on the mind of the avaricious white man, the mortification of delay, or the probability of the intended victim's escape from the snares laid for its destruction. It remains for us in this situation of the question, to act as free agents in choosing for ourselves to walk in the straightforward path of the impartial recommendations of Washington, Jefferson, Madison, and Monroe, to promote our happiness. we hereby individually set our faces to the rising sun, and turn our backs to its setting. As our ancestors revered the sepulchral monuments of the noble dead, we cherish the sacred spots of their repose, under hillocks of clay that cover them from sight.
if the country, to which we are directed to go is desirable and well watered, why is it so long a wilderness and a waste, and uninhabited by respectable white people, whose enterprise ere this would have induced them to monopolize it from the poor and unfortunate of their fellow citizens as they have hitherto done? From correct information we have formed a bad opinion of the western country beyond the Mississippi. But if report was favorable to the fertility of the soil, if the running streams were as transparent as crystal, and silver fish abounded in their element in profusion, we should still adhere-to the purpose of spending the remnant of our lives on the soil that gave us birth, and is rc-.-2dered dear from the nourishment we received from its bosom."
#6
BOUDINOT'S DEFENSE OF THE PRO-TREATY POSITION autumn, 1832
Elias Boudinot was critized by the editor of the Cherokee Phoenix who said Boudinot was not patriotic because he favored removal. Boudinot claimed that he loved both his country and the people.
He continued: "These are inseparable. if the people are made the first victim, for in that case the country must go also, and there must be an end of the objects of patriotism. But if the country is lost, or is likely to be lost to all human appearance, and the people still exist, may I not, with a patriotism true and commendable, make a question for the safety of the remaining object of my affection?"
"In applying the above definition of patriotism to my conduct, I can but say that I have come to the unpleasant and most disagreeable conclusion that our lands, or a large part of them, are about to be seized and taken from us. Now, as a friend of my people, I cannot say peace, peace.- when there is no peace. I cannot ease their minds with any expectation of a calm, when the vessel is already tossed to and fro, and threatened to be shattered to pieces by an approaching tempest. if I really believe there is danger, I must act consistently, and give alarm; tell our countrymen our true, or what I believe to be our true, situation. In the case under consideration, I am induced to believe there is danger, immediate and appalling, and it becomes the people of this country to weigh the matter rightly, act wisely, not rashly, and choose a course that will come nearest benefiting the nation."
#7
After much effort, an agent finally negotiated a treaty Wlth-Majbr-Ridge and some like-minded Cherokees. In the treaty, the Cherokees agreed to give up their homeland in Goorgia and Tennessee and move to th& west (what is now Oklahoma and Arkansas). Notice that the Cherokees who agreed to the treaty were not the official governing body of the Cherokee Nation nor did they represent the wishes of all the Cherokee people.
The United Stated made several promises in the treaty.
1. The Cherokee land in the west will never be taken as part of any state without the concent of the Cherokees.
2. The Cherokees could make any laws to govern their own people provided they were not inconsistent with the U.S. Constitution.
3. Perpetual peace and friendship shall exist between the citizens of the U.S. and the Cherokee Nation.
4. The U.S. will protect the Cherokee Nation from foreign enemies and other Indian tribes.
5. The Cherokee Nation shall be protected against interruption and intrusion by citizens of the U.S. who may attempt to settle on Cherokee land;
unless the Cherokees agree to the settlement.
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#8
BIOSKETCH MAJOR RIDGE AND JOHN RIDGE
Major Ridge was born in 1771 in a village in eastern Tennessee. He was raised in a traditional Cherokee manner, and as a youth became a skilled hunter. As a young adult he became known as a brave warrior, a good leader, and a gifted public speaker. His name came from the location of his home on a ridge top and was known as The Ridge, although his original Cherokee name meant PAthkiller. He led a group of Cherokees under the overall leadership of Andrew Jackson in the Creek War. In that campaign, in which the Cherokees were primarily responsible for Jackson's victory, he attained the rank of major, which he then took as his first name. He became one of the most respected leaders of the Cherokees, not only by his own people but by the whites in Cherokee country and in Washington. Although he had virtually no formal education himself, he had a. strong belief in its value sending his son John to shcool in Connecticut and promoting education at every opportunity. He also believed that the Cherokees' best interest lay in their becoming more modern (to adapt many of the practices of the whites) and became an extremely successful farmer. His commercial interests were varied and successful, and he was the benevolent owner of a large number of slaves. He was a chosen representative to Washington on numerous occasions for suits and the negotiations of treaties. Until the last few years of his life he was a staunch defender of the Cherokees rights to remain on their native land. After he decided that the best future for his people lay in their moving west, the leader of the opposing point of view was John Ross, ironically a man the Ridge had sponsored and promoted when Ross was a
young adult.
John Ridge was born into the affluent and influential family of Major Ridge. Although he was a sickly child who had physical weaknesses to overcome, he was a highly intelligent person and an excellent scholar. While attending school in New England he met and later married a white lady "of a highly respectable family." His marriage caused great scandal in the New England community, and the couple left town during something of a riot and under real threat to their personal safety. Since John spoke and wrote English fluently (an accomplishment his father never mastered), he became a primary spokesman for the Cherokees and laison with Washington. After he decided that the Cherokees should move to the west, he became the leading spokesman of that view.
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#9
John Ross (1790-1866), although he was actually only one-eighth Cherokee, John Ross would become an important leader of the Cherokee Nation. Educated in Kingston, Tennessee, he first began servang the Cherokee people when he was sent on a mission by the U.S. Govt. to Arkansas. He served under General Jackson, leading allied-Cherokee troops in the Creek War. in 1817 he was chosen to be a member of the National Committee where he served as a negotiator with the U.S. Government. From 1819-26 Ross served as President of the National Council, where he promoted the education and mechanical training of his people.
in the creation of the Cherokee Constitution in 1827, Ross led in the development of civilized, self-contained government. From 1828 to the Cherokee Removal in 1839, Ross served as principal chief of the CherokeeNation. Throughout the period of his leadership, Ross was committed to the idea of keeping the Cherokees together as one people, and allowing Cherokees to remain on their land. Throughout his life, Ross was continually at political odds with Major Ridge and his followers (see biosketch on Ridge). After Ridge was murdered, Ross was held in connection to the incident.
John Ross continued to serve the Cherokee Nation as chief until his death in 1866.
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#10
Born in 1770, Sequoya dedicated his life to the service of his people both in politics and in the development of a Cherokee alphabet. The alphabet would enable most of the Cherokee Nation to read, write, and communicate
in their own language.
As a boy, Sequoya served as a council scribe; writing down all that was said at council meetings in some.sort of permanent record. It was probably here that he began to create a system of written language for
Cherokees.
In his early twenties, Sequoya was convicted of witchcraft by his own tribe. The punishment, clipped ears, chopped off fingers, and a branded forehead, was to be physically handicapping the rest of his life.
. Sequoya, who took the white name of George Guess, probably developed
the 92 syllabry symbols during the early 1800's. However, it was not until 1821 that the white public actually became aware of its existence and usage. The 92 symbol-syllabry was based on the sounds of the Cherokee language, and could be learned in a matter of days. Virtually overnight, the Cherokee Nation became literate. in a few years, production of the Cherokee Phoenix would begin. This paper would inform, influence, and unite the Cherokee Nation throughout the 1820's; it was made possibly largely through the achievements of Sequoya.
CHEROKEE GOVERNMENT AND POLITICAL ORGANIZATION
Cherokee political structure during the early 19th century was based on a combination of things. Some parts of the Cherokee governments were based on old traditions; the rest, a result of increased contact with white men and their governments. Between 1800-1830, the system underwent many changes as the Cherokees fought the continual battle of territory with the whites.
The overall trends that took place were moves towards more central power, and towards a system that became increasingly like that of the white man. To model the white government seemed the only means of survival as contact with whites increased.
Early Cherokee governments were based on small, local units called towns. Towns were self-sufficient; they were isolated from one another and worked only on solving their own problems. As the 1800's progressed-.this isolation began to melt away into a merger of more central governments. Europeans continually dealt with what they saw as the "Cherokee Nation." Eventually this role assigned the Cherokees becam - e true as the Cherokees realized the need to unite in their efforts to keep their land.
The direct changes in Cherokee government which resulted began with a tribal council on a central level. This tribal council later became, around 1808, the National Council. The Council managed "national affairs" affecting all Cherokees. In 1817, the National Council was joined by a National Committee; together they composed the General Council. The Nation was next divided in eight districts, which had chosen representatives.
More power continued to be funneled into the central government, and as the constitution was finally adopted in 1828, it became apparent how closely the Cherokee government resembled that of the United States. The final product was a bicameral legislature, a chief executive, and a high court to handle special cases.
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#12
DESCR.RPTION OF MAJOR RIDGE'S PLANTATION
major Ridge was the owner of one of the finest plantations in the South. it was said that his orchards had over a thousand peach trees, 400 apple trees, 200 cherry trees, and a number of plum trees. He had eight different fields of cleared land and grew corn, cotton, tobacco, wheat, oats, indigo, and potatoes. He also had a vineyard, a nursery, and a garden of ornamental plants. In addition, he had a number of cows, hogs, and sheep. He was a progressive and effective farm manager whose lands and buildings were in better condition than any other person in the region, including farms of whites.
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#13
CONGRESSIONAL POLICY ON INDIAN REMOVAL
Back in 1817, a congressional committee outlined a two-option program
for Indian removal. The first option was "voluntary removal"; the other option was for the Indians to give up their "savage" lifestyle and become Christian farmers. This gave the Cherokees, in the opinion of Congress, a chance to become civilized; they even appropriated what they called a "civilization fund" of ten thousand dollars.
These options soon disappeared into one policy of forced removal. The opinions of those favoring forced removal was well represented by Secretary
of War John C. Calhoun, who said:
"Our opinion, and not theirs, should prevail, in measures intended
for their civilization and happiness."
The prevailing attitude in congress was that eventually, (a generat ion, Perhaps) the Indians would melt into "civilized" culture. Many Indians believed they could assimilate into the white culture, but they were soon to discover this was not true. They attempted to assimilate into white culture and were rewarded with forced removal.
In Congress, where government leaders were well removed from the situation, the belief was held that Indian removal was going well. The then President Van Buren told Congress of the Cherokee Removal:
it was just and friendly throughout; its efforts for their civilization constant, and directed by the best feelings of humanity; its watchfulness in protecting them from individual frauds uz2.remitting.1'
With sources of information like this one, and with pro-removal attitudes influencing congressmen, it is little wonder that Indian removal progressed with no interference.
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#14
Upon a Watch
Little monitor, by thee,
Let me learn what I should be:
Learn the round of life to fill,
Thou canst gentle hints impart,
How to regulate the heart.
When I wind thee up at night
Mark each fault and set thee right,
Let me search my bosom too,
And my daily thoughts review,
Mark the movements of my mind
Nor be easy when I find
Laten errors rise to view,
Till all be regular and true.
On the Shortness of Human Life
Like as a damask Rose you see,
Or like the blossom on the tree,
Or like the morning to the day,
Or like the Sun, or like the Shade,
Or like the Gourd which Jonas had:
Even such as MAN! Whose thread is spun,
Drawn out and cut, and so, Itis done.
Withers the Rose, the blossom blasts,
The flower fades, the morning hastes,
The sun is set, shadows fly,
The gourd consumes, -- so mortals die.
Page 33
MAJOR RXDGE REACTS TO A BRXBERY ATTEMPT 1823
Major Ridge learned of a bribery attempt by a Creek Indian, McIntosh.
McIntosh offered John Ross a large amount of money if he would secretly sign
a treaty of removal. Ridge gave the following speech at a meeting of Cherokees and representatives from the U.S. government.
"As speaker for the Cherokee Nation, I now address the Honorable Council. it is a talk which must spread and be universally heard. it is concerning a brother, who these twelve years has been considered a standing guardian of the interests of the rising generation. A plain maxim of this Nation is, never to trust a man who goes astray from duty, or corrupts the obligation of sacred confidence. This has been observed in Mcintosh's conduct. He has stood erect, encircled with the generous confidence of the people and the authorities of his own Nation. I now depress him. I cast him behind my back. I now divest him of his trust, and put it firmly in my hand. I do not pretend to extend this disgrace in his own Nation. He is at liberty to retire in peace. We are not advanced to public notice for confidence to make fortunes. Money is out of the question. We are not to be purchased with money. The trust placed in our hands is a sacred trust. The most distinguished chief of this Nation is liable to be disgraced, as this man, when found deficient of patriotism, that precious standard of moral excellence and political virtue. But let us not triumph in the disgrace. He may resort to the bosom of his family to spend his sorrows and revive his wounded spirits. He has been the corner of my warmest friendship and still carries my sympathies with him."
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#16
THE DEVELOPMENT OF THE ARKANSAS BAND, 1808-1817
With a Cherokee delegation about to visit Washington in 1808, Indian agent Meigs was told by the Secretary of War to try to get the Cherokee to exchange their eastern lands for a tract beyond the Mississippi. The government's policy by this time was a civilizing policy -- which included distributing farm tools, spinning wheels and looms, and other implements. on this matter the northern and southern Cherokee differed markedly. Those on Little Tennessee and Hiwasee were farmers and stock raisers who also produced cotton. Those in Georgia and Alabama, who were the old hostile element, preferred hunting and rejected innovation, although it was clear the game would soon run out. Jealousies between the two groups arose, and the delegation representing the northern group wanted a line to be drawn between the two, allowing the northerners to become citizens of the United States. Those on the south might be hunters as long as the game lasted. Knowing of this situation, the government proposed to the southern group a deal by which they would give up their tribal territory in return for a tract west of the Mississippi river which would allow them to continue the hunting life. President Jefferson approved the plan, and money was approved to allow a delegation to inspect land on Arkansas and White Rivers, with a view to migrating. in 1809 the visit was made, and reports were so favorable that many Cherokee indicated an intention to remove to the west. But lack of funds delayed the matter several years, during which families and individuals moved west on their own. Before 1817, they numbered about dft or three thousand Cherokees. Eventually, thisgroup became known as the Arkansas, or Western Cherokee.
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#17
THE OLD BLOOD LAW AND THE NEW BLOOD LAW 1796 and 1829
The Cherokees had a system of punishment called Blood Law. It was the system used among the Cherokees prior to 1796. The basis of this law is the idea of blood for blood. if a crime caused bloodshed, then the punishment had to cause bloodshed as well. if the murderer left, his closest relative had to take the punishment. Whether or not the bloodshed was an accident did not matter; blood must be spilled in retaliation. A young Major Ridge, then only 25, worked hard to get those laws changed. He was,,instrurnental in doing this in 1796, when the laws became more humane.
The New Blood Law, supported by John Ross, Major-Ridge, John Ridge and other Cherokee leaders, was passed by the National Council on October 24, 1829.
"Whereas a Law has been in existence for many years, but not committed to writing, that if any citizen or citizens of this nation should treat and dispose of any lands belonging to this nation without special permission from the national authorities, he or they shall suffer death; -- therefore, resolved, by the Committee and Council, in General Council convened, that any person or persons who shall, contrary to the will and consent of the legislative council of this nation in general council convened,.enter into a treaty with any commissioner or comm2ss2oners of the United States, or any officers instructed for the purpose, and agree to sell or dispose of any part or portion of the national lands defined in the constitution of this nation, he or they so offending, upon conviction before any of the circuit judges of the Supreme Court, shall suffer death; and any of the circuit judges aforesaid are authorized to call a court for the trial of any such person or persons so trangressing. Be it further resolved, that any person or persons, who shall violate the provisions of this act, and shall refuse, by resistance, to appear at the place designated for trial, or abscond, are hereby declared to be outlaws; and any person or persons, citizens of this nation, may kill him or them so offending, in any manner most convenient, within the limits of this nation, and shall not be held accountable for the same."
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#18
In June of 1830, Governor Gilmer of Georgia issued an edict: Gold had been discovered on Cherokee land and, effective immediately, all gold belonged to the state of Georgia. All Indians working at gold mines or in connection with them were ordered to cease. Disorder resulted, and the U.S. government sent in troops to try and calm things down. The state insisted they could handle the whole affair with their own troops, and the federal troops eventually handed matters over to the state.
At this same time, Governor Gilmer was demanding that the federal government live up to its promise to remove the Cherokees from Georgia. This "agreement" was based on the Act of 1802. The Act , which promised to remove the Indians, was an attempt to coax Georgia into becoming a state. Now, 28 years later, Georgia was insisting the Act of 1802 be honored and carried out.
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#19
A SUPREME COURT DECISION 1830
William Wirt, a white lawyer of considerable skill and fame, became a spokesman for the Cherokees. He had been the attorney general under Monroe , a neighbor of Jefferson, and the prosecutor of Aaron Burr. He found an Indian case in the Georgia courts that could be carried to the United States Supreme Court by a writ of error. it involved a Cherokee, George Tassels, who had been convicted of murder and was sentenced to hang by the Hall County (Ga.) Superior Court. Wirt appealed the case, and on December 12, 1830, in an order signed by the Chief Justice, John Marshall, the Supreme Court cited the state of Georgia to appear in Washington and show cause why a writ of error should not be issued in the case. Georgia ignored the order, with fulminations from the new governor, Wilson Lumpkin. The Georgia legislature resolved that "The interference by the chief justice of the supreme court of the United States,in the administration of the criminal laws of his state is a violation of her rights." it directed the governor and every other officer to disobey the order of the Supreme Court and ordered the sheriff of Hall County to speed up the hangin of Tassels. Tassels
was hanged.
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#20
LETTER: HENRY CLAY TO MAJOR RIDGE 1831
The following is not the actual language but is the ideas in a letter from
Clay to Ridge.
I feel I must be frank with; not to do so would be unfair. The current session of Congress will be short and probably will not deal with matters that concern Cherokees. There are many good men in Congress who agree with us on the Cherokee question, but we are overwhelmed with urgent concerns for the country and have a difficult time helping the Cherokees. Undoubtedly, most people in the country side with you against Georgia.
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THE CHEROKEE NATION SUES THE STATE OF GEORGIA 1831
On behalf of the Cherokees, Wirt applied to the Supreme court for an injunction to stop Georgia from executing the tyrannical Indian code of 1828. Wirt argued his case: "We know that whatever can be properly done for this unfortunate people will be done by this honorable court. Their cause is one that must come home to every honest and feeling heart. They have been true and faithful to us and have a right to expect a corresponding fidelity on our part. Through a long course of years they have followed our counsel with the docility of children. Our wish has been their law. We asked them to become civilized, and they became so. They assumed our dress, copied our names, pursued our course of education, adopted our form of government, embraced our religion, and have been proud to imitate us in every thing in their power. They have watched the progress of our prosperity with the strongest interest, and have marked the rising grandeur of our nation with as much pride as if they belonged to us. They have even adopted our resentments; and in our war with the Seminole tribes, they voluntarily joined our arms,and gave effectual aid in driving back those barbarians from the very state that now oppresses them. They threw upon the field, in that war, a body.of men who descent from the noble race that were once the lords of thes'e extensive forests. They fought side by side with our present chief magistrate, and received his personal thanks for their gallantry and bravery."
As the Chief Justice began to read the decision in a faint, quavering voice, the crowd strained forward, toward the bench, the better to catch his feeble tones. It took the old man some twenty-five minutes to read the decision. At the outset Marshall plainly stated that his sympathies lay with the Indians. However, the Cherokees had sued as a foreign nation, a status the court found they did not have, even though they constituted a separate state. They were found rather to comprise a "domestic, dependent nation in a state of pupilage.' Therefore,the
court could not examine the merits or go into the moralities of their
controversy with Georgia because, the Cherokees not constituting a foreign
nation, the court had no jurisdiction over the case.
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WORCESTER V. GEORGIA
In 1831 several missionaries were working within the Cherokee community in Carmel near New Echota, Georgia when they were seized by 25 members of the Georgia Guard. Among these missionaries was a man named Samual A. Worcester. Worcester, along with the other missionaries, was charged with remaining among the Indians without a state-iisued permit and with failure to sign an oath of allegiance to Georgia.
At first, the courts dismissed the case, saying the allegiance oath didn't apply to them because they were agents of the federal government. Governor Gilmer of Georgia grew angry upon hearing this and, unable to get a conviction with the help of the Secretary of War, once again arrested Worcester. This time Gilmer was able to get Worcester convicted to four years hard labor.
Worcester took his case to the Supreme Court. In the Supreme Court decision, John Marshall said the provisions of the Cherokee treaty with the U.S. had been violated; indeed, Georgials interference had been unconstitutional. Marshall ordered Worcester released. For several weeks, Georgia ignored Alarshall's order, keeping Worcester imprisoned. President Jackson, who could have enforced Marshall's order but chose not to, once again demonstrated his anti-Indian policy. It is recorded that Jackson, commenting on his actions, said, "John Marshall has rendered the decision; now let him enforce it!"
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ATTITUDE OF PRESIDENT JACKSON 1837
In speaking to John Ridge, Jackson said, "I am a friend of the Cherokees, they fought with me in the war and freely shed their blood with the blood of my soldiers in defending the United States and how could I be other wise than
a friend?"
In the same conversation, Jackson referred to the Catawba Indians. He compared their current condition to their former circumstances. At one time they were strong and warlike. "Now they were poor and miserable and reduced in numbers, and such will be the condition of the Cherokees if they remain surrounded by the white people." Jackson added, "You can live on your lands in Georgia if you choose, but I cannot interfere with the laws of that state to protect you."
Secretary of War, Lewis Cass, wrote to the Cherokees about Jackson's attitude. "And I assure you the President is very anxious to stop all your difficulties. Whatever you may have been told, or may be told, I know he is your friend, truly and sincerely so. He sees the embarrassments which surround you, and he is convinced that there is no remedy but in a removal beyond the immediate contact of the white people. As to force none will be applied. Such a measure is not being considered. You are free to remain with the privileges and disabilities of other citizens. if you and your people are prepared for this, any further observations from me are useless. But, if as the President believes, and as all expe . rience has heretofore shown, your people are not in a condition to resist the operation of those causes which have produced incalculable injury to the Indians, common sense requires that you should abandon your residence, and establish yourselves in a country where abundance, peace and improvement are offered to you."
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JOHN RIDGE CHANGES HIS MIND 1832
The Supreme Court ruled against Georgia in the Worcester vs. Georgia case. Georgia ignored the ruling and President Jackson permitted them to ignore it. After this bleak series of events, John Ridge asked Jackson directly if he would use the force of the United States to enforce the ruling against Georgia. Jackson replied that he would not and told Ridge the best thing he could do was to go home and convince his people to move to the west.
Ridge did not immediately admit publically that he had changed his mind, but this was the turning point in his thinking. From this moment on, he was convinced that his people would eventually be killed or enslaved if they did not move west.
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NEW VIEWS ON REMOVAL BY WHITES IN WASHINGTON 1832
A delegation of Cherokees in Washington were told by their supporters in Congress that they had given up hope in their fight against removal. One after another, they said the Cherokees should make the best deal they could and move west. A justice of the Supreme Court and a friend of the Cherokees said the Court could not stop Jackson and that the Cherokee's cause in the east was lost. David Greene of the American Board of Commissioners for Foreign Missions wrote to John Ridge:
"It makes me weep to think of it, but if your friends in Congress think that all further effort in your behalf will be useless, then for all I can see, you must make the best terms you can and go."
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In spite of the fact that John Ross was the leader among the Cherokees against removal, he once made an offer to sell Cherokee lands.
An agent of the U.S. made a tentative agreement to buy the Cherokee
land for $4,500,000. Before a treaty was drawn up, John Ross announced that he had another proposition. This stopped the proceedings for quite a while, then Ross proposed to sell for $20,000,000. Since this was more than four times the previous price, the U.S. government rejected it. Then Ross proposed to let the U.S. Senate determine a fair price. The Senate recommended $5,000,000. This offer put Ross in a difficult position. on the one hand, he had promised to abide by the Seante recommendation, but he thought that the figure was much too small and he did not really want to sell in the first place. He got out of the problem by declaring that a deal could be made until the Cherokee General Council and the people agree to it. He knew the General Council would not accept $5,000,000.
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REACTION TO THE TREATY OF NEW ECHOTA, BY MAJOR DAVIS 1835
Major W.M. Davis was assigned to sign the Cherokee up for the
trip West and to assess the land claims the Eastern Cherokee had made with the government. Appalled by what he learned and saw, he wrote a sharp letter to the Secretary of War concerning the Treaty of New Echota:
"I congeive that my duty to the President, to yourself, and to ,my country relunctantly compells me to make a statement of facts in relation to a meeting of a small number of Cherokee at New Echota last December, who were met by Mr. Schermerhorn and articles of a general treaty entered into between them for the whole Cherokee nation . . . Sir, that'paper . . . called a treaty, is not treaty at all, because it was not sanctioned by the great body of the Cherokee and made without their participation or assent. I solemnly declare to you that upon its reference to the Cherokee people it would be instantly rejected by ninetenths of them, and I believe nineteen-twentieths of them. There were not present at the conclusion of the treaty more than one hundred Cherokee voters, and not more than three hundred, including women and children, although the weather was everything that could be desired. The Indians had long been notified of the meeting and blankets were promised to all who would come and vote for the treaty. The most cunning and artful means were resorted to conceal the paucity of numbers present at the treaty. No enumeration of them was made by Schernerhorn. Mr. Schez-merhorn's apparent design was to conceal the real number present and to impose on the public and the government upon this point. The delegation taken to Washington by Mr. Schermerhorn had no more authority to make a treaty than any other dozen Cherokee accidentally picked up for the purpose. I now warn you and the President that if this paper of Schernerhorn's called a treaty is sent to the Senate and ratified, you will bring trouble upon the government and eventually destroy this (the Cherokee) nation. The Cherokee are a peaceable, harmless people, but you may drive them to desperation and this treaty can not be carried into effect except by the strong arm of force."
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MAJOR RIDGE ADDRESSES THE CHEROKEE COUNCIL Dec. 24, 1835
"I am one of the native sons of these wild woods. I have hunted the deer and turkey here more than fifty years. I have fought your battles, have defended your truth and honesty, and fair trading. I have always been the friend of honest white men. The Georgians have shown a grasping spirit lately; they have extended their laws, to which we are unaccustomed, which harass our braves and made the children suffer and cry; but I can do them justice in my hear. They think the Great Father, the President, is bound by the compact of 1802 to purchase this country for them, and they justify their conduct by the end in view. They are willing to buy these lands on which to build houses and clear fields. I know the Indians have an older title than theirs. We obtained the land from the living God above. They got their title from the British. Yet they are strong and we are weak. We are few, they are many. We cannot remain here in safety and comfort. I know we love the graves of our fathers, who have gone before to the happ.y hunting grounds of the Great Spirit -- the eternal land, where the deer, the turkey and the buffalo will never give out. We can never forget these homes, I know, but an unbending, iron necessity tells us we must leaw them. 1-would willingly die to preserve them, but any forcible effort to keep them will cost us our lands, our lives, and the lives of our children. There is but one path of safety, one road to future existence as a Nation. That path is ope@ before you. Make a treaty of cession. Give up these lands and go over beyond the great Father of Waters."
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LETTER: THE RIDGES TO PRESIDENT JACKSON June 30, 1836
Although the Ridges were unpopular, and perhaps in danger, with most
of the Cherokees (due to their stand on the Treaty), they were as generous as was humanly possible. The summer of 1836 saw a great many Cherokees starving and destitute. The season for planting had been bad due to excessive rain, and the price of corn had risen, but the Ridges fed al7 who came to their door. John Ridge remarked that, "My father is nearly eaten out of his stock and corn, and my own condition is even worse. I have only 3 shoats left and I have been purchasing beef. I yet keep an open house for Cherokees."
They wrote to the president:
"There was a strong warlike excitement in the minds of the whites, and. rumor, with her thousand tongues, filled the land with Cherokee hostility or intentions of war. We have examined into the truth, and find the reverse of all these stories. A great many of the Cherokees have been disarmed of their rifles by the Georgians, greatly to the injury of the Indians, as they are in a wretched condition for food. The appropriations demanded by the Treaty have been so long delayed that we have, on our own responsibility, issued provisions, as far as our individual means allowed. But now we come to address you on the subject of our griefs and afflictions from the acts of the white people. They have got our lands and now they are preparing to fleece us of the money accruing from the Treaty. We found our plantations taken in whole or in part by the Georgians -- suits instituted against us for back rents for our own farms. These suits are commenced in the inferior courts, with the evident design that, when we are ready to remove, to arrest our people, and on these vile claims to induce us to compromise for our own release, to travel with our families. Thus our funds will be filched from our people, and we shall be compelled to leave our country as beggars and in want.
Even the Georgia laws, which deny our oaths, are thrown aside, and notwithstanding the cries or our people, and protestation of our innocence and peace, the lowest classes of the white people are flogging the Cherokees with cowhides, hickories, and clubs. We are not safe in our houses -- our people are assailed by day and night by the rabble. Even justices of the peace and constables are concerned by this business. This barbarous treatment is not confined to men, but the women are stripped also and whipped without law or mercy. Send regular troops to protect us from these lawless assaults, and to protect our people as they depart for the West. if it is not done, we shall carry off nothing but the scars of the lash on our backs, and our oppressors will get all the money. We talk plainly, as chiefs having property and life in danger, and we appeal to you for protection."
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LETTER OF GENERAL WOOL, SEPTEMBER 10, 1836
General wool, who had been placed in charge of the troops in Cherokee country in order to prevent opposition to the treaty of 1835, wrote:
"The whole scene since I have been in this country has been nothing but a heart-rending one, and such a one as I would be glad to get rid of as soon as circumstances will permit. Because I am firm and decided, do not believe I would be unjust. if I could, and I could not do them a greater kindness, I would remove every Indian tomorrow beyond the reach of the white men, who, like vultures, are watching, ready to pounce upon their prey and strip them of everything they have or expect from the government of the United States. Yes, sir, nineteen-twentieths, if not ninety-nine out of every hundred, will go penniless to the West."
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General Winfield Scott addresses the Cherokees and His Troops, May 1838
In an address to sixty chiefs and headmen on may 10:
"The emigration must be commenced in haste, but I hope, without disorder. The full moon of May is already on the Plane, and before another shall have passed away, every Cherokee man, woman and child must be in motion to join their brethren in the far West. I come to carry out that determination. My troops already occupy many positions in the country that you are to abandon; thousands and thousands are approaching from every quarter to render residence and escape alike hopeless. The desire of every one of us is to execute our painful duty in mercy. Will you then, by resistance, compel us to resort to arms? God forbid! Or will you, by flight, seek to hide yourselves in mountains and forests, and thus oblige us to hunt you down? I am an old warrior, and have been present at many a scene of slaughter; but spare me, I beseech you, the horror of witnessing the destruction of the Cherokees."
On May 17, 1838, Scott issued a general order to his troops. It was a fatherly kind of lecture which sought to impress upon the men the necessity of executing the Treaty in a humane and merciful manner. The soldiers were asked to show all possible kindness and avoid all acts of force,' insult, or brutality. No indecent language was to be used in the roundup. Indians fleeing to the forests or the mountains should be pursued and invited to give Themselves up, but in no case would they be fired upon, unless they made a stand to resist. Horses should be used to carry Indians found too sick or feeble to march. Infants, lunatics and women in a helpless condition, will all, in the removal, require peculiar attention. Every effort would be made to meet the needs of those people.
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REMOVAL OF THE CHEROKEES: THE ROUND-UP 1838
In 1838, the U.S. Army, under the leadership of General Winfield Scott., began to round-up the Cherokees for forced removal to the west. In spite of Scott's orders for the soldiers to be just and kind, many of the soldiers were extremely callous and brutal. They first built stockades to hold the Cherokees prisoners and then went out to get them. They searched throughout Cherokee country, in the farm lands and mountain cabins alike. The Cherokees were taken by surprise and marched away immediately no matter what they had been doing. Some were taken at work, at dinner, and children while playing. The soldiers were armed with bayonets and were not reluctant to use them. Since people were taken wherever they happened to be, many families were separated by the capture. one mother begged the soldiers to let her find her children so they could go together. The soldiers refused.
If the brutal capture by the army was not bad enough, many white civilians showed their evil side. They came to the Cherokee farms immediately after the soldiers, took the cattle, looted the homes, and burned the houses-before the Cherokees were out of sight. They even dug up Indian graves-looking for silver pendants. one soldier later wrote, "I fought in the Civil War and have seen men shot to pieces and slaughtered by the thousands, but the Cherokee removal was the cruelest work I ever knew..'
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A CHEROKEE'S PERSONAL ACCOUNT OF THE TRAIL OF TEARS
"Long time we travel on way to new land. People feel bad when they leave old Nation. women cry and make sad wails. Children cry and many men cry, and all look sad like when friends die, but they say nothing and just put heads down and keep on go towards west. Many days pass and people die very much." The full blood would further recall that his father, and old man, suddenly collapsed in the snow and could not struggle to his feet again. Space was made for him in a covered wagon, but all the old man's strength was gone, and he lingered for only another day. "We bury him close by trail," the full blood's mother cried out, then sank in the trail. "She speak no more," the full blood said; "we bury her and go on." The contingent struggled on for three more weeks then the full blood's brothers and sisters, five in all, sickened and died. "One each day," he remembered, "and all are gone." They were buried beside the trail, and the company moved forward through the wind and snow; days passed, and there were still more bodies to bury; yet the company always pressed on. "Looks like maybe all be dead before we get to new Indian country." the Indian said, "but always we keep marching on"; and while they marched, their ears were filled with crying and moaning from the wagons that carried the children, the aged, the sick, and the dying. That moaning through days and nights so impressed itself on the man's mind that he still seemed to hear it after years had passed, and he would declare: "People sometimes say I look like I never smile, never laugh in lifetime."
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