United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
In his message of December 8th, 1829, President Jackson devoted much
space to the Indian problem in general, and to it, as it affected
Georgia and Alabama, in particular. He repeated to Congress the views
which he had expressed to the Cherokees themselves, which were, as we
have seen, that the general Government could not lend its countenance
to the creation of an {217} Indian State within the confines of any
Commonwealth of the Union against the will of that Commonwealth, and
that the only alternative to subjection to the laws of the
Commonwealth on the part of the Indians was emigration beyond the
limits of the same. He also suggested the setting apart of a district
in the far West for the permanent home of such Indian tribes as should
prefer to continue in tribal organization, independent of the
jurisdiction of any Commonwealth of the Union, where they might work
out their own customs unmolested.
This was the democratic, "States' rights" view of the subject. It
denied all exemptions from the supremacy of the laws, and it also
denied to the general Government any power to restrain a Commonwealth
from the assertion of its jurisdiction over all persons within its
legal limits, except in cases specially reserved by the Constitution.
[Sidenote: Indian policy before Jackson.]
The Administration of Mr. Adams, and the Administrations of all of his
predecessors, had apparently inclined to the view that the Indian
tribes were already states, having dominion over, and property in, the
territory of the continent when the Europeans arrived upon it; that
the titles of the European states to it were only valid as against
each other, and meant, in relation to the aborigines, only a right of
pre-emption; and that after the Constitution was established no
government except the general Government of the United States could
have anything to do with them.
This was a crude and an impracticable view of the relation. It
contained more of sentiment and humanitarianism than of common sense
and inductive wisdom. The theory broke down completely in the Georgia
case, and could not be re-enlivened for practical purposes {218} even
by judicial decisions. The necessities of civilization have forced the
country to follow the course outlined by President Jackson, and that
is certainly good evidence of its correctness.
The Georgians must have been encouraged by his message, for the
legislature of Georgia immediately passed an act connecting the
Cherokee lands with the counties which they adjoined, and imposing the
full jurisdiction of the Commonwealth upon all persons living or being
within the same.
[Sidenote: The case of the Cherokee Nation.]
Public-domain text, read in full here on John Shaqi.
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