The purpose of this legislation was to render life in their own country
intolerable to the Cherokee by depriving them of all legal protection
and friendly counsel, and the effect was precisely as intended. In an
eloquent address upon the subject before the House of Representatives
the distinguished Edward Everett clearly pointed out the encouragement
which it gave to lawless men: "They have but to cross the Cherokee
line; they have but to choose the time and the place where the eye of
no white man can rest upon them, and they may burn the dwelling, waste
the farm, plunder the property, assault the person, murder the children
of the Cherokee subject of Georgia, and though hundreds of the tribe
may be looking on, there is not one of them that can be permitted to
bear witness against the spoiler." [295] Senator Sprague, of Maine,
said of the law that it devoted the property of the Cherokee to the
cupidity of their neighbors, leaving them exposed to every outrage
which lawless persons could inflict, so that even robbery and murder
might be committed with impunity at noonday, if not in the presence
of whites who would testify against it. [296]
The prediction was fulfilled to the letter. Bands of armed men
invaded the Cherokee country, forcibly seizing horses and cattle,
taking possession of houses from which they had ejected the occupants,
and assaulting the owners who dared to make resistance. [297] In one
instance, near the present Dahlonega, two white men, who had been
hospitably received and entertained at supper by an educated Cherokee
citizen of nearly pure white blood, later in the evening, during the
temporary absence of the parents, drove out the children and their
nurse and deliberately set fire to the house, which was burned to the
ground with all its contents. They were pursued and brought to trial,
but the case was dismissed by the judge on the ground that no Indian
could testify against a white man. [298] Cherokee miners upon their
own ground were arrested, fined, and imprisoned, and their tools
and machinery destroyed, while thousands of white intruders were
allowed to dig in the same places unmolested. [299] A Cherokee on
trial in his own nation for killing another Indian was seized by
the state authorities, tried and condemned to death, although, not
understanding English, he was unable to speak in his own defense. A
United States court forbade the execution, but the judge who had
conducted the trial defied the writ, went to the place of execution,
and stood beside the sheriff while the Indian was being hanged. [300]
Public-domain text, read in full here on John Shaqi.
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