In November, 1828, Andrew Jackson was elected to succeed John Quincy
Adams as President. He was a frontiersman and Indian hater, and the
change boded no good to the Cherokee. His position was well understood,
and there is good ground for believing that the action at once taken
by Georgia was at his own suggestion. [293] On December 20, 1828, a
month after his election, Georgia passed an act annexing that part of
the Cherokee country within her chartered limits and extending over it
her jurisdiction; all laws and customs established among the Cherokee
were declared null and void, and no person of Indian blood or descent
residing within the Indian country was henceforth to be allowed as a
witness or party in any suit where a white man should be defendant. The
act was to take effect June 1, 1830 (42). The whole territory was soon
after mapped out into counties and surveyed by state surveyors into
"land lots" of 160 acres each, and "gold lots" of 40 acres, which were
put up and distributed among the white citizens of Georgia by public
lottery, each white citizen receiving a ticket. Every Cherokee head
of a family was, indeed, allowed a reservation of 160 acres, but no
deed was given, and his continuance depended solely on the pleasure of
the legislature. Provision was made for the settlement of contested
lottery claims among the white citizens, but by the most stringent
enactments, in addition to the sweeping law which forbade anyone of
Indian blood to bring suit or to testify against a white man, it was
made impossible for the Indian owner to defend his right in any court
or to resist the seizure of his homestead, or even his own dwelling
house, and anyone so resisting was made subject to imprisonment at
the discretion of a Georgia court. Other laws directed to the same
end quickly followed, one of which made invalid any contract between
a white man and an Indian unless established by the testimony of two
white witnesses--thus practically canceling all debts due from white
men to Indians--while another obliged all white men residing in the
Cherokee country to take a special oath of allegiance to the state of
Georgia, on penalty of four years' imprisonment in the penitentiary,
this act being intended to drive out all the missionaries, teachers,
and other educators who refused to countenance the spoliation. About
the same time the Cherokee were forbidden to hold councils, or to
assemble for any public purpose, [294] or to dig for gold upon their
own lands.
Public-domain text, read in full here on John Shaqi.
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