The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))Royce, Charles C.
History
The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))
Royce, Charles C.
Cherokee Indians -- Government relations; Cherokee Indians -- Treaties
On the other hand, among the circumstances establishing the propriety
of a contrary construction may be mentioned the language of the eighth
article of the treaty, that "the United States also agree and stipulate
to remove the Cherokees to their new homes and to subsist them one
year after their arrival there." This language imports pecuniary
responsibility rather than a simple disbursement of a trust fund. In
the "talk" also which was sent[521] by President Jackson to the Indians
to explain the advantages of the proposed treaty, he mentioned that the
stipulations offered "provide for the removal at the expense of the
United States of your whole people, and for their subsistence a year
after their arrival in their new country."
It was also the common practice of the United States in removing the
Indian tribes from one locality to another to defray the expense of
such removal, and this was done in the cases of their neighbors,
the Chickasaws, Choctaws, Creeks, and Seminoles. It is a matter of
but little surprise, therefore, that a conflicting interpretation
of this treaty through a series of years should have produced grave
embarrassments.
Independent, however, of the literal provisions of the treaty of 1835,
there existed other grounds upon which to base a judgment favorable to
the claims of the Cherokees. The treaty with the supplementary article
was finally ratified on the 23d of May, 1836, and by its provisions
the Cherokees were required to remove within two years. It had been
concluded (in the face of a protest from a large majority) with a small
minority of the nation. Within the two years those who had favored the
treaty had mostly emigrated to the West under its provisions.[522] The
large majority of the nation, adopting the counsels of John Ross, had
obstinately withstood all the efforts of the Government to induce them
to adopt the treaty or emigrate. They had repudiated its obligation
and denounced it as a fraud upon the nation. In the mean time the
United States had appointed its agents under the treaty and collected
a large military force to compel its execution. The State of Georgia
had adopted a system of hostile legislation intended to drive them from
the country. She had surveyed their territory and disposed of their
homes and firesides by lottery. She had dispossessed them of a portion
of their lands, subjected them to her laws, and at the same time
disqualified them from the enjoyment of any political or civil rights.
In this posture of affairs, the Cherokees who had never abandoned the
vain hope of remaining in the country of their birth or of obtaining
better terms from the United States made new proposals to the United
States through John Ross and others for the sale of their country and
emigration to the West. Still pursuing the idea that they were aliens
to the treaty of 1835 and unfettered by its provisions, they proposed
to release all claim to their country and emigrate for a named sum
Public-domain text, read in full here on John Shaqi.
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