In the first half of the nineteenth century, tens of thousands of Native Americans were violently removed from their lands, as the U.S. government led an expansion of its territory and power into the lands of the Cherokee and other Indian nations. In 1823, the Supreme Court ruled that Indian's "right of occupancy" was not as important as the U.S. government's "right of discovery." Four years later, the Cherokees responded by declaring themselves to be a sovereign nation. The state of Georgia, however, did not recognize their sovereign status, but saw them as tenants living on state land. The Cherokee took their case to the Supreme Court, which ruled against them. In 1830, President Andrew Jackson won approval of the Indian Removal Act, gaining the power to negotiate removal treaties with Indian tribes living east of the Mississippi. These two accounts document resistance of the Cherokees to their removal, whether by "direct or by indirect measures."from Voices of a People's History
and Indians Advocate
Wednesday, January 20, 1830
Vol. II, no. 40
Page 1, col. 3a-5b
To the Honorable the Senate and House of Representatives of the United States of America, in Congress assembled;
The undersigned memorialist humbly make known to your honorable bodies, that they are free citizens of the Cherokee Nation. Circumstances of late occurrence have troubled our hearts and induced us at this time to appeal to you, knowing that you are generous and just. As weak and poor children are accustomed to look to their guardians and patrons for protection, so we would come and make our grievances known. Will you listen to us? Will you have pity upon us? You are great and renowned-the nation which you represent is like a mighty man who stands in his strength. But we are small-our name is not renowned. You are wealthy, and have need of nothing; but we are poor in life, and have not the arm and power of the rich.
By the will of our Father in heaven, the Governor of the whole world, the red man of America has become small, and the white man great and renowned. When the ancestors of the people of these United States first came to the shores of America, they found the red man strong—though he was ignorant and savage, yet he received them kindly, and gave them dry land to rest their weary feet. They met in peace, and shook hands in token of friendship. Whatever the white man wanted and asked of the Indians, the latter willingly gave. At that time the Indian was the lord, and the white man the suppliant. But now the scene has changed. The strength of the red man has become weakness. As his neighbors increased in number, his power became less and less, and now , of the many and powerful tribes who once covered these United States, only a few are to be seen—a few whom a sweeping pestilence has left. The Northern tribes who were once as numerous and powerful are now nearly extinct. This it has happened to the red man of America. Shall we, who are remnants share the same fate?
Brothers-we address you according to usage adopted by our forefathers, and the great and good men who have successfully directed the Councils of the nation you represent-we now make known to you our grievances. We are troubled by some of your own people. Our neighbor, the State of Georgia is pressing hard upon us, and urging us to relinquish our possessions for her benefit. We are told, if we do not leave the country, which we dearly love, and betake ourselves to the western wilds, the laws of the state will be extended over us, and the time, 1st of June 1830, is appointed for the execution of the edict. When we first heard of this we were grieved, and appealed to our father the President, and begged that protection might be extended over us. But we were doubly grieved when we understood, from a letter of the Secretary of War to our Delegation, dated March of the present year, that our father the President had refused us protection, and that he had decided in favor of the extension of the laws of the State over us. This decision induces us to appeal to the immediate representatives of the American people. We love, we dearly love our country, and it is due to your honorable bodies as well as to us, to make known why we think the country is ours, and why we wish to remain in peace where we are.
The land on which we stand we have received as an inheritance from our fathers who possessed it from time immemorial, as a gift from our common father in heaven. We have already said that when the white man came to the shores of America, our ancestors were found in peaceable possession of this very land. They bequeathed it to us as their children, and we have sacredly kept it as containing the remains of our beloved men. This right of inheritance we have never ceded, nor ever forfeited. Permit us to ask, what better right can a people have to a country, that the right of inheritance and immemorial peaceable possession! We know it is said of late by the State of Georgia, and by the Executive of the United States, that we have forfeited this right—but we think this is said gratuitously. At what time have we made the forfeit? What great crime have we committed, whereby we must forever be divested of our country and rights? Was it when we were hostile to the United States, and took part with the King of Great Britain during the struggle for independence? If so, why was not this forfeiture declared in the first treaty of peace between the United States and our beloved men? Why was not such an article as the following inserted in the treaty: "The United States give peace to the Cherokees, but; for the part they took in the late war, declare them to be but tenants at will, to be removed, when the convenience of the states within whose chartered limits they live shall require it."- That was the proper time to assume such a position. But it was not thought of nor would our forefathers have agreed to any treaty whose tendency was to deprive them of their rights and their country. All that they have conceded and relinquished are inserted in the treaties, open to the investigation of all people. We would repeat, then, the right of inheritance and peaceable possession, which we claim, we have never ceded nor forfeited.
In addition to that first of all rights, the right of inheritance and peaceable possession, we have the faith and pledge of the United States, repeated over and over again in treaties made at various times. By these treaties our rights as a separate people are distinctly acknowledged, and guaranties given that they shall be secured and protected. So we have always understood the treaties. The conduct of the Government towards us, from its organization until very lately, the talks given to our beloved men by the Presidents of the United States, and the speeches of the Agents and Commissioners, all concur to show that we are not mistaken in our interpretation. Some of our beloved men who signed the treaties are still living, and their testimony tends to the same conclusion. We have always supposed that this understanding of the treaties was in accordance with the views of the Government; nor have we ever imagined that any body would interpret them otherwise. In what light shall we view the conduct of the United States and Georgia, in their intercourse with us in urging us to enter into treaties, and cede lands? If we were but tenants at will, why was it necessary that our consent must first be obtained before these Governments could take lawful possession of our lands? The answer is obvious. These governments perfectly understood our rights—our right to the country, and our right to self government. Our understanding of the treaties is further supported by the intercourse law of the United States, which prohibits all encroachments upon our territory. The undersigned memorialists humbly represent, that if their interpretation of the treaties has been different from that of the Government then they have ever been deceived as to how the Government regarded them, and what she has asked and promised. Moreover, they have uniformly misunderstood their own acts.
In view of the strong ground upon which their rights are founded, your
memorialists solemnly protest against being considered as tenants at will, or
as mere occupants of the soil, without possessing the sovereignty.- We have
already stated to your honorable bodies, that our forefathers were found in
possession of this soil, in full sovereignty, by the first European settlers;
and as we have never ceded nor forfeited the occupancy of the soil and the sovereignty
over it, we do solemnly protest against being forced to leave it either by direct
or indirect measures. To the land of which we are now in possession we
are attached-It is our fathers gift-it contains their ashes-it is the land of
our nativity, and the land of our intellectual birth. We cannot
consent to abandon it, for another far inferior and which holds out to us no
inducements. We do moreover protest against the arbitrary measures of
our neighbor, the state of Georgia, in her attempt to extend her laws over us,
in surveying our lands without our consent and in direct opposition to the treaties
and the intercourse law of the United States and interfering with our municipal
regulations in such a manner as to derange the regular operation of our own
laws. To deliver and protect them from all these and every encroachment
upon their rights, the undersigned memorialists do most earnestly pray your
honorable bodies. Their existence and future happiness are at stake- divest
them of their liberty and country, and you sink them in degradation, and put
a check, if not an end soon to their present progress in the acts of civilized
life, and in the knowledge of the Christian religion. Your memorialists
humbly conceive, that such an act would be in the highest degree oppressive.
From the people of these United States, who, perhaps of all those under
heaven, are the most religious and free, it cannot be expected. Your memorialists,
therefore, cannot anticipate such a result. You represent a virtuous,
intelligent and Christian nation. To you they willingly submit their cause
for your righteous decision.
Soon after the war of the revolution, as we have learned from our fathers, the Cherokees looked upon the promises of the whites with great distrust and suspicion; but the frank and magnanimous conduct of General Washington did much to allay these feelings. The perseverance of successive presidents, and especially of Mr. Jefferson, in the same course of policy, and in the constant assurance that our country should remain inviolate, except so far as we voluntarily ceded it, nearly banished anxiety in regard to encroachments from the whites. To this result the aid which we received from the United States in the attempts of our people to become civilized, and the kind efforts of benevolent societies, have greatly contributed. Of late years, however, much solicitude was occasioned among our people by the claims of Georgia. [In December 1829, the Georgia legislature passed a bill which annexed a large section of the Cherokee territory, annulled Cherokee laws, and decreed that Indians were not to be considered competent witnesses in court cases against whites. This stripped the Cherokee people of all legal protection from whites wanting their land.] This solicitude arose from the apprehension, that by extreme importunity, threats, and other undue influence, a treaty would be made, which should cede the territory, and thus compel the inhabitants to remove. But it never occurred to us for a moment that without any new treaty, without any assent of our rulers and people, without even a pretended compact, and against our vehement and unanimous protestations, we should be delivered over to the discretion of those, who had declared by a legislative act, that they wanted the Cherokee lands and would have them.
Finding that relief could not be obtained from the chief magistrate, and not doubting that our claim to protection was just, we made our application to congress. During four long months our delegation waited, at the doors of the national legislature of the United States, and the people at home, in the most painful suspense, to learn in what manner our application would be answered; and, now that congress has adjourned, on the very day before the date fixed by Georgia for the extension of her oppressive laws over the greater part of our country, the distressing intelligence has been received that we have received no answer at all; and no department of the government has assured us, that we are to receive the desired protection. But just at the close of the session, an act was passed, by which an half a million of dollars was appropriated towards effecting a removal of Indians; and we have great reason to fear that the influence of this act will be brought to bear most injuriously upon us. The passage of this act was certainly understood by the representatives of Georgia as abandoning us to the oppressive and cruel measures of the state, and as sanctioning the opinion that treaties with Indians do not restrain state legislation. We are informed by those, who are competent to judge, that the recent act does not admit of such construction; but that the passage of it, under the actual circumstances of the controversy, will be considered as sanctioning the pretensions of Georgia, there is too much reason to fear.
Thus have we realized, with heavy hearts, that our supplication has not been heard; that the protection heretofore experienced is now to be withheld; that the guaranty, in consequence of which our fathers laid aside their arms and ceded the best portions of their country, means nothing; and that we must either emigrate to an unknown region and leave the pleasant land to which we have the strongest attachment, or submit to the legislation of a state, which has already made our people outlaws, and enacted that any Cherokee, who shall endeavor to prevent the selling of his country, shall be imprisoned in the penitentiary of Georgia not less than four years. To our countrymen this has been melancholy intelligence, and with the most bitter disappointment has it been received.
But in the midst of our sorrows, we do not forget our obligations to our friends and benefactors. It was with sensations of inexpressible joy that we have learned that the voice of thousands, in many parts of the United States, has been raised in our behalf, and numerous memorials offered in our favor, in both houses of congress. To those numerous friends, who have thus sympathized with us in our low estate, we tender our grateful acknowledgements. In pleading our cause, they have pleaded the cause of the poor and defenceless throughout the world. Our special thanks are due, however, to those honorable men, who so ably and eloquently asserted our rights, in both branches of the national legislature. Their efforts will be appreciated wherever the merits of this question shall be known; and we cannot but think, that they have secured for themselves a permanent reputation among the disinterested advocates of humanity, equal rights, justice, and good faith. We even cherish the hope, that these efforts, seconded and followed by others of a similar character, will yet be available, so far as to mitigate our sufferings, if not to effect our entire deliverance.
Before we close this address, permit us to state what we conceive to be our relations with the United States. After the peace of 1783, the Cherokees were an independent people; absolutely so, as much as any people on earth. They had been allies to Great Britain, and as a faithful ally took a part in the colonial war on her side. They had placed themselves under her protection, and had they, without cause, declared hostility against their protector, and had the colonies been subdued, what might not have been their fate? But her power on this continent was broken. She acknowledged the independence of the United States, and made peace. The Cherokees therefore stood alone; and, in these circumstances, continued the war. They were then under no obligations to the United States any more than to Great Britain, France or Spain. The United States never subjugated the Cherokees; on the contrary, our fathers remained in possession of their country, and with arms in their hands.
The people of the United States sought a peace; and, in 1785, the treaty of Hopewell was formed, by which the Cherokees came under the protection of the United States, and submitted to such limitations of sovereignty as are mentioned in that instrument. None of these limitations, however, affected, in the slightest degree, their rights of self-government and inviolate territory. The citizens of the United States had no right of passage through the Cherokee country till the year 1791, and then only in one direction, and by an express treaty stipulation. When the federal constitution was adopted, the treaty of Hopewell was confirmed, with all other treaties, as the supreme law of the land. In 1791, the treaty of Holston was made, by which the sovereignty of the Cherokees was qualified as follows: The Cherokees acknowledged themselves to be under the protection of the United States, and of no other sovereign.—They engaged that they would not hold any treaty with a foreign power, with any separate state of the union, or with individuals. They agreed that the United States should have the exclusive right of regulating their trade; that the citizens of the United States should have a right of way in one direction through the Cherokee country; and that if an Indian should do injury to a citizen of the United States he should be delivered up to be tried and punished. A cession of lands was also made to the United States. On the other hand, the United States paid a sum of money; offered protection; engaged to punish citizens of the United States who should do any injury to the Cherokees; abandoned white settlers on Cherokee lands to the discretion of the Cherokees; stipulated that white men should not hunt on these lands, nor even enter the country without a passport; and gave a solemn guaranty of all Cherokee lands not ceded. This treaty is the basis of all subsequent compacts; and in none of them are the relations of the parties at all changed.
The Cherokees have always fulfilled their engagements. They have never reclaimed those portions of sovereignty which they surrendered by the treaties of Hopewell and Holston. These portions were surrendered for the purpose of obtaining the guaranty which was recommended to them as the great equivalent. Had they refused to comply with their engagements, there is no doubt the United States would have enforced a compliance. Is the duty of fulfilling engagements on the other side less binding than it would be, if the Cherokees had the power of enforcing their just claims?
The people of the United States will have the fairness to reflect, that all the treaties between them and the Cherokees were made, at the solicitation, and for the benefit, of the whites; that valuable considerations were given for every stipulation, on the part of the United States; that it is impossible to reinstate the parties in their former situation, that there are now hundreds of thousands of citizens of the United States residing upon lands ceded by the Cherokees in these very treaties; and that our people have trusted their country to the guaranty of the United States. If this guaranty fails them, in what can they trust, and where can they look for protection?
We are aware, that some persons suppose it will be for our advantage to remove beyond the Mississippi. We think otherwise. Our people universally think otherwise. Thinking that it would be fatal to their interests, they have almost to a man sent their memorial to congress deprecating the necessity of a removal. This question was distinctly before their minds when they signed their memorial. Not an adult person can be found, who has not an opinion on the subject, and if the people were to understand distinctly, that they could be protected against the laws of the neighboring states, there is probably not an adult person in the nation, who would think it best to remove; though possibly a few might emigrate individually. There are doubtless many, who would flee to an unknown country, however beset with dangers, privations and sufferings, rather than be sentenced to spend six years in a Georgia prison for advising one of their neighbors not to betray his country. And there are others who could not think of living as outlaws in their native land, exposed to numberless vexations, and excluded from being parties or witnesses in a court of justice. It is incredible that Georgia should ever have enacted the oppressive laws to which reference is here made, unless she had supposed that something extremely terrific in its character was necessary in order to make the Cherokees willing to remove. We are not willing to remove; and if we could be brought to this extremity, it would be not by argument, not because our judgment was satisfied, not because our condition will be improved; but only because we cannot endure to be deprived of our national and individual rights and subjected to a process of intolerable oppression.
We wish to remain on the land of our fathers. We have a perfect and original right to remain without interruption or molestation. The treaties with us, and laws of the United States made in pursuance of treaties, guaranty our residence and our privileges, and secure us against intruders. Our only request is, that these treaties may be fulfilled, and these laws executed.
But if we are compelled to leave our country, we see nothing but ruin before us. The country west of the Arkansas territory is unknown to us. From what we can learn of it, we have no prepossessions in its favor. All the inviting parts of it, as we believe, are preoccupied by various Indian nations, to which it has been assigned. They would regard us as intruders, and look upon us with an evil eye. The far greater part of that region is, beyond all controversy, badly supplied with wood and water; and no Indian tribe can live as agriculturists without these articles. All our neighbors, in case of our removal, though crowded into our near vicinity; would speak a language totally different from ours, and practice different customs. The original possessors of that region are now wandering savages lurking for prey in the neighborhood. They have always been at war, and would be easily tempted to turn their arms against peaceful emigrants. Were the country to which we are urged much better than it is represented to be, and were it free from the objections which we have made to it, still it is not the land of our birth, nor of our affections. It contains neither the scenes of our childhood, nor the graves of our fathers.
The removal of families to a new country, even under the most favorable auspices, and when the spirits are sustained by pleasing visions of the future, is attended with much depression of mind and sinking of heart. This is the case, when the removal is a matter of decided preference, and when the persons concerned are in early youth or vigorous manhood. Judge, then, what must be the circumstances of a removal, when a whole community, embracing persons of all classes and every description, from the infant to the man of extreme old age, the sick, the blind, the lame, the improvident, the reckless, the desperate, as well as the prudent, the considerate, the industrious, are compelled to remove by odious and intolerable vexations and persecutions, brought upon them in the forms of law, when all will agree only in this, that they have been cruelly robbed of their country, in violation of the most solemn compacts, which it is possible for communities to form with each other; and that, if they should make themselves comfortable in their new residence, they have nothing to expect hereafter but to be the victims of a future legalized robbery!
Such we deem, and are absolutely certain, will be the feelings of the whole Cherokee people, if they are forcibly compelled, by the laws of Georgia, to remove; and with these feelings, how is it possible that we should pursue our present course of improvement, or avoid sinking into utter despondency? We have been called a poor, ignorant, and degraded people. We certainly are not rich; nor have we ever boasted of our knowledge, or our moral or intellectual elevation. But there is not a man within our limits so ignorant as not to know that he has the right to live on the land of his fathers, in the possession of his immemorial privileges, and that this right has been acknowledged and guaranteed by the United States; nor is there a man so degraded as not to feel a keen sense of injury, on being deprived of this right and driven into exile.
It is under a sense of the most pungent feelings that we make this, perhaps our last appeal to the good people of the United States. It cannot be that the community we are addressing, remarkable for its intelligence and religious sensibilities, and pre-eminent for its devotion to the rights of man, will lay aside this appeal, without considering that we stand in need of its sympathy and commiseration. We know that to the Christian and to the philanthropist the voice of our multiplied sorrows and fiery trials will not appear as an idle tale. In our own land, on our own soil, and in our own dwellings, which we reared for our wives and for our little ones, when there was peace on our mountains and in our valleys, we are encountering troubles which cannot but try our very souls. But shall we, on account of these troubles, forsake our beloved country? Shall we be compelled by a civilized and Christian people, with whom we have lived in perfect peace for the last forty years, and for whom we have willingly bled in war, to bid a final adieu to our homes, our farms, our streams and our beautiful forests? No. We are still firm. We intend still to cling, with our wonted affection, to the land which gave us birth, and which, every day of our lives, brings to us new and stronger ties of attachment. We appeal to the judge of all the earth, who will finally award us justice, and to the good sense of the American people, whether we are intruders upon the land of others. Our consciences bear us witness that we are the invaders of no man's rights—we have robbed no man of his territory—we have usurped no man's authority, nor have we deprived any one of his unalienable privileges. How then shall we indirectly confess the right of another people to our land by leaving it forever? On the soil which contains the ashes of our beloved men we wish to live—on this soil we wish to die.
We entreat those to whom the foregoing paragraphs are addressed, to remember the great law of love. "Do to others as ye would that others should do to you"—Let them remember that of all nations on the earth, they are under the greatest obligation to obey this law. We pray them to remember that, for the sake of principle, their forefathers were compelled to leave, therefore driven from the old world, and that the winds of persecution wafted them over the great waters and landed them on the shores of the new world, when the Indian was the sole lord and proprietor of these extensive domains—Let them remember in what way they were received by the savage of America, when power was in his hand, and his ferocity could not be restrained by any human arm. We urge them to bear in mind, that those who would now ask of them a cup of cold water, and a spot of earth, a portion of their own patrimonial possessions, on which to live and die in peace, are the descendants of those, whose origin, as inhabitants of North America, history and tradition are alike insufficient to reveal. Let them bring to remembrance all these facts, and they cannot, and we are sure, they will not fail to remember, and sympathize with us in these our trials and sufferings.