The End of an Era for the Cherokee
Foreword
As I've said in so many articles previously, it is hard to overstate how cruel, unnecessary, and horrific the Trail of Tears truly was. In a movement supported by then-President Andrew Jackson, and spearheaded by the State of Georgia, the United States sought to expel all Native Americans from land they saw as valuable and succeeded in doing so through unlawful treaties, laws, and policies. This unjust removal of native people occurred despite the opposition and historic pro-Cherokee ruling of the Supreme Court in the landmark case, Worcester v. Georgia, citing military action and Georgia State law as unconstitutional. Although I will be focusing on the suffering of the Cherokee Nation primarily, the events that followed are known as the Trail of Tears, and will forever be remembered as one of the darkest events in United States history which abused and terrorized all-Southeastern Native Tribes.
Policy and Protest
The Trail of Tears was nothing short of a targeted and brutal set of policies, drafted to break the will and spirit of the "Five Civilized Tribes" of the Southeast. In 1830, the Trail of Tears began with federal congress passing The Indian Removal Act, targeting the Cherokee, Creek, Choctaw, Chickasaw, and Seminole tribes. Through this policy, the federal government sought to relocate all members of these tribes west in order to clear their native land for white settlers. This federal policy enabled treaties across many southern states like Georgia, Alabama, and Florida, "legally" purchasing this land from native tribes. A critical flaw of these treaties, however, is that they were not done with proper native leaders, or without threat had native people not come to terms with the federal government's demands.
The Treaty of New Echota is an excellent example of how these treaties were often negotiated and highlights just how exploitative the federal government's actions were. In 1835, the federal government signed a treaty with "the Cherokee Nation" in which the Cherokee sold them all land east of the Mississippi River for five million dollars and assured reservation land out west in what is now Oklahoma. In a very federally-sided treaty, the "Cherokee Nation" gave up nearly all of their established, and historic land for an uncertain future in an undeveloped territory, but why would they agree to such a deal?
The answer to that question is easy, the Cherokee Nation never agreed to this deal. Instead, the deal between the Cherokee Nation and the United States government was agreed upon by federal negotiators, and a mere four men from the Cherokee Nation, who did not have the power to strike treaties in the first place. These men included Major Ridge, a Cherokee warrior, and lawmaker, John Ridge, another lawmaker, Elia Boudinot, who was the editor in chief of the Cherokee Phoenix, including their last member, Andrew Ross, the brother of Cherokee Principal Chief John Ross. Not one of these men had the authority to negotiate a deal with the federal or state government, and doing so was listed as the highest form of treason under the Cherokee Constitution. During the time the Treaty of New Echota was signed, Principal Chief of the Cherokee, John Ross was falsely imprisoned, with his home and possessions stolen by the State of Georgia and told nothing about the Treaty of New Echota until it had already been signed.
When Ross heard of this unauthorized betrayal, he protested the baseless treaty heavily, and called on the hearts and minuscule moral fibers of the United States, to write this obvious wrong. In his own words, Ross stated, "After the departure of the Delegation, a contract was made by the Rev. John F. Schermerhorn, and certain individual Cherokee, purporting to be a "treaty, concluded at New Echota, in the State of Georgia, on the 29th day of December, 1835, by General William Carroll and John F. Schermerhorn, commissioners on the part of the United States, and the chiefs, headmen, and people of the Cherokee tribes of Indians."
A spurious Delegation, in violation of a special injunction of the general council of the nation, proceeded to Washington City with this pretended treaty, and by false and fraudulent representations supplanted in the favor of the Government the legal and accredited Delegation of the Cherokee people, and obtained for this instrument, after making important alterations in its provisions, the recognition of the United States Government.
And now it is presented to us as a treaty, ratified by the Senate, and approved by the President [Andrew Jackson], and our acquiescence in its requirements demanded, under the sanction of the displeasure of the United States, and the threat of summary compulsion, in case of refusal. It comes to us, not through our legitimate authorities, the known and usual medium of communication between the Government of the United States and our nation, but through the agency of a complication of powers, civil and military.
By the stipulations of this instrument, we are despoiled of our private possessions, the indefeasible property of individuals. We are stripped of every attribute of freedom and eligibility for legal self-defence. Our property may be plundered before our eyes; violence may be committed on our persons; even our lives may be taken away, and there is none to regard our complaints. We are denationalized; we are disfranchised. We are deprived of membership in the human family! We have neither land nor home, nor resting place that can be called our own. And this is effected by the provisions of a compact which assumes the venerated, the sacred appellation of treaty.
We are overwhelmed! Our hearts are sickened, our utterance is paralyzed (sic), when we reflect on the condition in which we are placed, by the audacious practices of unprincipled men, who have managed their stratagems with so much dexterity as to impose on the Government of the United States, in the face of our earnest, solemn, and reiterated protestations.
The instrument in question is not the act of our Nation; we are not parties to its covenants; it has not received the sanction of our people. The makers of it sustain no office nor appointment in our Nation, under the designation of Chiefs, Head men, or any other title, by which they hold, or could acquire, authority to assume the reins of Government, and to make bargain and sale of our rights, our possessions, and our common country.
And we are constrained solemnly to declare, that we cannot but contemplate the enforcement of the stipulations of this instrument on us, against our consent, as an act of injustice and oppression, which, we are well persuaded, can never knowingly be countenanced by the Government and people of the United States; nor can we believe it to be the design of these honorable and highminded individuals, who stand at the head of the Govt., to bind a whole Nation, by the acts of a few unauthorized individuals.
And, therefore, we, the parties to be affected by the result, appeal with confidence to the justice, the magnanimity, the compassion, of your honorable bodies, against the enforcement, on us, of the provisions of a compact, in the formation of which we have had no agency."
The Treaty of New Echota is an excellent example of how these treaties were often negotiated and highlights just how exploitative the federal government's actions were. In 1835, the federal government signed a treaty with "the Cherokee Nation" in which the Cherokee sold them all land east of the Mississippi River for five million dollars and assured reservation land out west in what is now Oklahoma. In a very federally-sided treaty, the "Cherokee Nation" gave up nearly all of their established, and historic land for an uncertain future in an undeveloped territory, but why would they agree to such a deal?
The answer to that question is easy, the Cherokee Nation never agreed to this deal. Instead, the deal between the Cherokee Nation and the United States government was agreed upon by federal negotiators, and a mere four men from the Cherokee Nation, who did not have the power to strike treaties in the first place. These men included Major Ridge, a Cherokee warrior, and lawmaker, John Ridge, another lawmaker, Elia Boudinot, who was the editor in chief of the Cherokee Phoenix, including their last member, Andrew Ross, the brother of Cherokee Principal Chief John Ross. Not one of these men had the authority to negotiate a deal with the federal or state government, and doing so was listed as the highest form of treason under the Cherokee Constitution. During the time the Treaty of New Echota was signed, Principal Chief of the Cherokee, John Ross was falsely imprisoned, with his home and possessions stolen by the State of Georgia and told nothing about the Treaty of New Echota until it had already been signed.
When Ross heard of this unauthorized betrayal, he protested the baseless treaty heavily, and called on the hearts and minuscule moral fibers of the United States, to write this obvious wrong. In his own words, Ross stated, "After the departure of the Delegation, a contract was made by the Rev. John F. Schermerhorn, and certain individual Cherokee, purporting to be a "treaty, concluded at New Echota, in the State of Georgia, on the 29th day of December, 1835, by General William Carroll and John F. Schermerhorn, commissioners on the part of the United States, and the chiefs, headmen, and people of the Cherokee tribes of Indians."
A spurious Delegation, in violation of a special injunction of the general council of the nation, proceeded to Washington City with this pretended treaty, and by false and fraudulent representations supplanted in the favor of the Government the legal and accredited Delegation of the Cherokee people, and obtained for this instrument, after making important alterations in its provisions, the recognition of the United States Government.
And now it is presented to us as a treaty, ratified by the Senate, and approved by the President [Andrew Jackson], and our acquiescence in its requirements demanded, under the sanction of the displeasure of the United States, and the threat of summary compulsion, in case of refusal. It comes to us, not through our legitimate authorities, the known and usual medium of communication between the Government of the United States and our nation, but through the agency of a complication of powers, civil and military.
By the stipulations of this instrument, we are despoiled of our private possessions, the indefeasible property of individuals. We are stripped of every attribute of freedom and eligibility for legal self-defence. Our property may be plundered before our eyes; violence may be committed on our persons; even our lives may be taken away, and there is none to regard our complaints. We are denationalized; we are disfranchised. We are deprived of membership in the human family! We have neither land nor home, nor resting place that can be called our own. And this is effected by the provisions of a compact which assumes the venerated, the sacred appellation of treaty.
We are overwhelmed! Our hearts are sickened, our utterance is paralyzed (sic), when we reflect on the condition in which we are placed, by the audacious practices of unprincipled men, who have managed their stratagems with so much dexterity as to impose on the Government of the United States, in the face of our earnest, solemn, and reiterated protestations.
The instrument in question is not the act of our Nation; we are not parties to its covenants; it has not received the sanction of our people. The makers of it sustain no office nor appointment in our Nation, under the designation of Chiefs, Head men, or any other title, by which they hold, or could acquire, authority to assume the reins of Government, and to make bargain and sale of our rights, our possessions, and our common country.
And we are constrained solemnly to declare, that we cannot but contemplate the enforcement of the stipulations of this instrument on us, against our consent, as an act of injustice and oppression, which, we are well persuaded, can never knowingly be countenanced by the Government and people of the United States; nor can we believe it to be the design of these honorable and highminded individuals, who stand at the head of the Govt., to bind a whole Nation, by the acts of a few unauthorized individuals.
And, therefore, we, the parties to be affected by the result, appeal with confidence to the justice, the magnanimity, the compassion, of your honorable bodies, against the enforcement, on us, of the provisions of a compact, in the formation of which we have had no agency."
The United States Responds and the Trail of Tears Begins
After entering such a clearly unlawful and unfounded treaty, the United States responded in its usual fashion, completely ignoring the protest of the true Cherokee Chief and majority party of the Cherokee Nation. Well aware of the protest and outcry from the people of the Cherokee Nation, the Treaty of New Echota was signed by then-president Andrew Jackson in 1836 and treated by the U.S. Government as a full and legitimate treaty. As per the treaty's guidelines, the Cherokee had just two years to make it out west in peace, and those who stayed behind began their forced march along the Trail of Tears in 1838.
Over those two tumultuous years before the forced removal of the Cherokee, only about 2,000 people were able to leave their homes, possessions, and lives behind so quickly. For the majority that was left, there were far worse days ahead before their 1200 mile journey west to Oklahoma. In 1838, just as the Treaty of New Echota had promised, the Cherokee were forced off of their lands and rounded up at gun-point into wooden stockades. The Cherokee people were beaten, robbed, and forced to witness everything they had ever known be ransacked before their eyes. Some 7,000 American troops carried out this horrific event, led by Union General Winfield Scott. After these remaining Cherokee had been rounded up and treated like animals, they were forced to march with only what they had on their person, over 1200 miles west, killing 4,000 Cherokee in the process.
Diseases like typhus, dysentery, cholera, whooping cough, and starvation ravaged the Cherokee along this march and bewildered each man, woman, and child. Several notable Cherokee died along this journey, including the wife of Principal Chief John Ross, Elizabeth "Quatie" Brown Henley, who is remembered in her final days for giving her coat to a shivering child. Just days after she gave up her coat, she died of pneumonia and left an already broken tribe heartbroken.
Diseases like typhus, dysentery, cholera, whooping cough, and starvation ravaged the Cherokee along this march and bewildered each man, woman, and child. Several notable Cherokee died along this journey, including the wife of Principal Chief John Ross, Elizabeth "Quatie" Brown Henley, who is remembered in her final days for giving her coat to a shivering child. Just days after she gave up her coat, she died of pneumonia and left an already broken tribe heartbroken.
Promises Broken and Progress Paved
Following the horrific Trail of Tears, the Cherokee, along with so many other tribes had made it to "Indian Territory" a changed people. They had nothing, and no one, and were effectively strangers in a strange land, but as it has always been for the post-contact Cherokee, life did not get easier. The Cherokee became politically divided once again and followed an unfortunate pattern when they chose to support the Confederacy in the United States Civil War, further souring relationships with the United States. Whether this had any effect or not on the United States honoring their treaties with the Cherokee or not is unknown, as they already ignored so many treaties in the past, but as the years went on, American settlers sought to develop the state of Oklahoma, and take the Cherokee reservation.
History tragically repeated itself for the Cherokee again, as they saw their land stolen once more by American frontiersmen. They petitioned the United States to no avail, and once again, were landless and ignored. In 1907, the Cherokee Nation was officially disbanded by the United States Government, and left the Cherokee an unrepresented people, considered citizens and residents of Oklahoma. A wave of economic and cultural depression followed the Cherokee Nation until the Civil Rights movement of the 1960s encouraged Cherokee leaders to restore their former nation. In 1970, the Principal Chief's Act passed in U.S. Congress and enabled many tribes across the nation to reform and rebuild their governments.
Dealing with a far different America than they had in the past, and in 1971 the Cherokee held their first election in nearly seventy years, going on to ratify a new Cherokee Constitution in 1975. In the words of the Cherokee via Cherokee.org, "We have never looked back".
History tragically repeated itself for the Cherokee again, as they saw their land stolen once more by American frontiersmen. They petitioned the United States to no avail, and once again, were landless and ignored. In 1907, the Cherokee Nation was officially disbanded by the United States Government, and left the Cherokee an unrepresented people, considered citizens and residents of Oklahoma. A wave of economic and cultural depression followed the Cherokee Nation until the Civil Rights movement of the 1960s encouraged Cherokee leaders to restore their former nation. In 1970, the Principal Chief's Act passed in U.S. Congress and enabled many tribes across the nation to reform and rebuild their governments.
Dealing with a far different America than they had in the past, and in 1971 the Cherokee held their first election in nearly seventy years, going on to ratify a new Cherokee Constitution in 1975. In the words of the Cherokee via Cherokee.org, "We have never looked back".
Closing Thoughts
Having endured tragedy after tragedy, the Cherokee people have proven to be one of the most resilient, hopeful, and hard-working groups of people on this continent and on this globe. Every time I learn more about Cherokee history, I am further impressed by their achievement, their vision for the future, and their ability to retain authentic customs, culture, and language despite intense adversity. Having met many Cherokee citizens during my time in the boy scouts, visiting the smokies, or exploring Tennessee and North Carolina, each one has been welcoming and informative, fueling my love for history and their culture foreign to my own. To the average American, Cherokee history is equally if not more foreign than any European or western nation we were taught about in school, and I personally feel this makes their culture and history that much more important to promote and explore. I hope during your travels you're able to visit just a few of the incredible Cherokee sites across this nation, or on reservations including places like Mingo Falls, Amicalola Falls, or New Echota. I hope you've learned a lot with me this week, and you continue to learn more about those who came before us.
Sources:
The Cherokee Today - https://www.cherokee.org/about-the-nation/history/
The Trail of Tears (Roundup) - https://www.history.com/topics/native-american-history/trail-of-tears
Principal Chief John Ross - https://en.wikipedia.org/wiki/John_Ross_(Cherokee_chief)#Treaty_of_New_Echota_and_Trail_of_Tears
Principal Chief John Ross (protest) - https://www.nps.gov/articles/000/protest-treaty-of-new-echota.htm
The Trail of Tears (Policy and Timeline) - https://www.nps.gov/articles/trailoftears.htm
The Trail of Tears (Roundup) - https://www.history.com/topics/native-american-history/trail-of-tears
Principal Chief John Ross - https://en.wikipedia.org/wiki/John_Ross_(Cherokee_chief)#Treaty_of_New_Echota_and_Trail_of_Tears
Principal Chief John Ross (protest) - https://www.nps.gov/articles/000/protest-treaty-of-new-echota.htm
The Trail of Tears (Policy and Timeline) - https://www.nps.gov/articles/trailoftears.htm
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