United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
President Adams was deeply impressed with the seriousness of the
situation. He felt that he must uphold the dignity and authority of
the Government at all hazards and by all the means intrusted to him by
the Constitution and the laws; and yet he was unwilling to provoke
civil war, if it could be avoided, or to enter upon the work of
coercion without the practically unanimous support of the country. He
resolved, therefore, to lay the matter before Congress, and await its
action. Congress did practically nothing, and the President was
convinced that the nation was not prepared to have the Indian problem
fought out under the issue of "States' rights" versus the Union.
[Sidenote: Georgia and the Cherokees.]
Encouraged by this success the Georgians now resolved to subject the
Cherokees living within the limits of the Commonwealth to the laws
thereof or force them to emigrate. In December of 1827, the
legislature passed a law extending the criminal jurisdiction of the
Commonwealth over a part of the lands occupied by the Cherokees. The
Indians appealed to the President. The appeal came before the
President during the last month of his official term, and he {216}
discreetly and courteously resolved not to embarrass the new
Administration by committing the Government to any position in the
question.
[Sidenote: Jackson and the Indian question.]
President Jackson was even less inclined than his predecessor to allow
the Indian question to resolve itself into the question of the
constitutional spheres of authority between the Union and the
Commonwealths. Moreover, he believed that Georgia was in the right in
the Indian question. He replied to the Cherokee memorial that he knew
of no alternative to submission to the jurisdiction of Georgia except
emigration beyond the limits of the Commonwealth. His view was that
the general Government could not hinder a Commonwealth from exercising
jurisdiction over every person within its limits, except in such cases
as were reserved from that jurisdiction by the Constitution of the
United States, and could not lend its countenance to the creation of a
new political organization within these limits against the will of the
Commonwealth. This was the latter part of April, 1829. The Cherokees,
influenced largely by the whites among them, resented the President's
advice, and the council of chiefs resolved that no lands claimed by
the Cherokees should be relinquished, except by consent of the tribe
or tribes, under penalty of death for violation of their resolve, and
rejected the overtures of the Government for the relinquishment of
their claims.
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