LAMC Breaking a Treaty with the Indians Discussion

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Trail of Tears 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 he 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 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." Once you have read the documents, answer the following questions. (DOCUMENT IS ATTATCHED) From Cherokee Nation, "Memorial of the Cherokee Indians" (December 1829) 1. What did the author of the Congressional message mean when he said, “The strength of the red man has become weakness” (p.136) 2. The authors reference the 1790 Intercourse Act (https://www.chickasaw.tv/events/indian-trade-and-intercourse-act (Links to an external site.)) that placed nearly all interaction between Indians and non-Indians under federal—not state—control, established the boundaries of Indian country, protected Indian lands against nonIndian aggression, subjected trading with Indians to federal regulation, and stipulated that injuries against Indians by nonIndians was a federal crime. The conduct of Indians among themselves while in Indian country was left entirely to the tribes. How do the grievances in this entry violate the spirit and law of the Intercourse Act? From Lewis Ross et al., Address of the Committee and Council of the Cherokee Nation (July 17, 1830) 1. What are the authors’ primary arguments against removal? Which do you think is their strongest argument? 2. What do the authors’ believe will become of the Cherokee nation if they are forced to remove themselves from their ancestral lands? 3. Why do you think their arguments did not end the removal of the Cherokees? ‘ Mme SEVEN thers‐My people wish for peace; the red men all wish for peace; butwh'ere ‘ ite people are, there is no peace for them, except it beon the bosom of our _ lndians to struggle collectively against the encroachment on their lands by colonists, asthey expanded westward. Here hespeaks to the Osages about the strug‑ gle against the colonists, arguing that “nothing will satisfy them but the whole of our hunting grounds, from the rising to the setting sun." rothers,‐‐The white men despise and cheat the Indians; they abuse and insult ie red men have borne many and great injuries; they ought to suffer them no er. My people will n o t ; they are determined on vengeance; they have take? trip omahawk; they will make it far with blood; they wrll drink the bloo o t c Tecumseh’s Speech to the Osages (Winter 1811---12)1 Brothers,‐--\We all belong to one family; we are all children of the Great Spirit; we walk in the same path; slake our thirst at the same spring; and now affairs of the greatest concern lead us to smoke the pipe around the same council fire! Brothers,-‐~We are friends; we must assist each other to bear o u t burdens. The 1. . fofihZSSi‐My people are brave and numerous; but the white people are tzfi g for them alone. I wish you to take up the tomahawk With them. If we e,we will cause the rivers to stain the great waters with their blood. ‘ rothers,‐Ifyou do n o t unite with us, they will first destroy us, and then you ' fall an easy prey to them. They have destroyed many n a t i o n s of red men 0 make us satisfy the avarice of the white men. We, ourselves, are threatened with a great evil; nothing will pacify them but the destruction of all the red men. Brothers,-‐‐When the white men first Set foot on our grounds, they were hun‑ They were feeble; they could do nothing for themselves. Our father commiserated their distress, and shared freely with them whatever the Great Spirit had given his red children. They gave them food when hungry, medicine when sick, spread skins for them to sleep on, and gave them grounds, that they might hunt and Brothers,‐-‐The white people are like poisonous serpents: when chilled, they factors to death. c ,..The white people came among usfeeble; and now we have made them strong, they wish to kill us, or drive us back, asthey would wolves and panthers. ' Brothers,‐‐-The white men are n o t friends to the Indians: at first, they only asked our hunting grounds, from the rising to the setting sun. , »Brothers,‐‐-The white men w a n t more than our hunting grounds; they wish Brothers,‐-‐Many winters ago, there was no land; the sun did n o t rise and set: the is for us; e first half of the nineteenth century, tens of thousands of Native Americans its territory and power into the lands of the Cherokee and other lndian nations; , portant. as the U.S. government’s “right of discovery?”- Four years later, the Ainkees responded by declaring themselves to been sovereign nation. The state § 136~ refineries 813sz of Georgia, h0wever, did not recognize their sovereign status, but saw them as tenants living on state land. The Cherokee took theircase to the Supreme Court which ruled against them. In 1830, President Andrew Jackson won approval oi the-indian Removal Act, gaining the power to negotiate removal treaties with Indian tribes living east of the Mississippi. These two accounts document resist‑ ance of the Cherokees to their removal, whether by “direct or by indirect measures." Two Documents on the Cherokee Removal (1829 and 1830) CHEROKEE NATION, “MEMORIAL OF THE CHEROKEE INDIANS" (DECEMBER 1829)2 »To the honorable senate and house of representatives of the United States of America, in congress assembled: . ~The undersigned memorialists, humbly make knbwn to your honorable bod‑ 168, that they are free citizens of the Cherokee nation. Circumstances of late occur‑ renceshave troubled our heart-s, and induced us at this time to appeal to you , knowrng that you are generous and just. As weak and poor children are accus: stomed to-look to their guardians and patrons for protectiOn, sowe would come , and make our grievances known. Will you listen. to us? Will you have pity on us? You are great and renowned‐-‐the nation, which you represent, is like amighty 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 n o t 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 grbat and renowned. When , . the ancestors of the people of these United States first came to the shores of . America, they found the red man srrong‐--though hewas ignorant and savage yet she received them kindly, and gave them dry land to rest their weary feet. They inet , in peace, and shook hands in token of friendship. Whatever the white man wanted ‘ and asked of the Indian, 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 num‑ . here, his power became 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 sweepin pestilence has left. The northern tribes, who were once sonumerous and power% ful,are now nearly extinct. Thus it has happened to the red man of America. Shall we, “who are remnants, share the Same fate? ‘ , . i ‘ l , t leave the country, which we dearly love, andbetake ourselvesto the western wilds, e laws of the state will be extended over us, and the time, lst of June, 1830, is sigirieved and appealed to our father, the president, and begged that protection might stzer of the secretary of war to our delegation, dated March of the present year, that iOUI‘ father the president had refused usprotection, and that hehad decided in favor of the extension of the laws of the state over us.--This decision induces usto appeal V the immediate representatives of the American people. We love, we dearly love ur country, and it is due to your honorable bodies, aswell asto us, to make known hy 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 asan inheritance from our fathers, who possessed it from timeimmemorial, asa gift from our common father sift-in heaven. We have already said, that when the white man came to the shores of ‘s’ziAmerica, our ancestors were found in peaceable possession of this very land. They ibequeathedit to usastheir children, and wehave sacredly kept it ascontaining the sisremains of our beloved men. This right of inheritance we have never ceded nor everfirfirited Permit usto ask, what better right can apeople have to acountry, than t h e right of inheritance and immemorialpeaceablepossession?We know it is said of jilate 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 crime have we committed, whereby we must forever be it"divested of our country and rights? Was it when we were hostile to the United i States, and took part with the king of Great Britain, during the struggle for inde‑ spendence? If so, why was n o t this forfeiture declared in the first treaty Of peace ii" between the United States and our beloved men? Why was n o t such an article as *the following inserted in the treaty: “The United States give peace to the Cherokees, ionwhich weclaim, wehavenever ceded nor forfeited. ffl *' n addition to that first of all rights, the right of inheritance and peaceable pos‑ ssron, Wehave the faith and pledge of the U[nited] States, repeated over and , , ver again, in treaties made at various times. By these treaties o u r rights asa sep‑ arate-.peopzleare distinctly acknowledged, and guarantees given that they shall be ,secured and protected. Sowe 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 n o t mistaken in o u r interpretation.‐-Some.of our beloved men who signed the treatiesare still living, and their testimony tends to the same conclusion. Wehave always supposed that this understanding of the treaties was in accordance with the views of the gov‑ ernment; nor have we ever imagined that any body would interpret them other‑ wise. In what light shall we View the conduct of the United States and Georgia, Min their intercourse with us, in urging usto e n t e r into treaties, and cede lands? If we were but tenants at will, why was it necessary that our c o n s e n t m u s t be obtained before these governments could take lawful possession of our lands? The answer is obvious. These governments perfectly understood o u r rights‐our right to the country, and our right to self government. Our understandingof the treaties {is further supported by the intercourse law of the United States, which prohibits all encroachments upon o u r territory. The undersigned memorialists humbly rep‑ resent, that if their interpretationof 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 asked and promised. Moreover, they have uniformly misunderstood their o w n acts. “f rialists solemnly. protest against being considered as tenants at will, or as mere . occupants of the soil, without possessing the sovereignty. We have already stated . two-«your honorable bodies, that our forefathers were found in possession of this soil ‘ infull sovereignty, by the first European settlers; andas we have never ceded nor protest against being forced to leave it, either direct or by indirect measures. To the. land of which we are n o w in possession we are attached‐--it is our fathers' Agiftmit contains their ashes‐-1t is the land of our nativity,and the land of our intel‑ -measures of our neighbor, the stateof Georgia, in her attempt to extend her laws treaties and the intercourse law of the United States, and interfering with our own laws. To deliver and‘protect them from allthese and every encroachment on'their rights, the undersigned“ memorialists dom0sr earnestly’prayyourhen- ., t afinal stop,to their present progress in the arts of civilized life, and in the knowl‑ ' be expected~.-‐‐Your memorialists, therefore, cannotanticipate suCh’a t. You represent avirtuous, intelligent and Christian nation. To you they will- A not |S Ross ET AL., ADDRESS OF THE COMMlTTEE AND councu. OF THE , , .,ROKEE NATION, IN GENERAL councu. CONVENED, To THE PEOPLE or UNITED STATES (JULY 17, 1830)3 ” ~‘ its with the United States. After the peace of 1783, the Cherokees were an inde‑ ‘ t people; absolutely so, asmuch asany people on earth.They had been allies eat Britain, and asa faithful ally took a part in the colonial w a r ‘ o n her side. , had placed themselves under her protection, and had they, without cause, a} - ed hostility against their protector, andhadthe colonies been subdued, what t n o t have been their fate? But her [Great Britain’s] power on this continent“ ' token. She acknowledged the independence of the United States, and made . The Cherokees therefore stood alone; and, in these circumstances, continé to Great Britain, France or Spain. The United States never subjugated the ' With’arms in their hands. . . . A , e beyond the Mississippi.We think otherwise.” Our peOple universally it al.This quesrion was distinctlybefore their minds when they signed their 1 rial. Not an adult personcanbe found, who has n o t an opinion on the sub» aa if the people were to underStanddistincrly, that they,could beprotected ;,the laws of the'neighboring States, there is probably not an adult person Nation,'Whowouldthink it best to retrieve; though possibly afew might, , 10? GHAPT‘ER S E V E N ’ {I uble before I surrendered. I tried hard to bring you into ambush, but your‘last , eral understands Indian fighting. The first one was n o t so wise. WhenlllsaW I ..t I could n o t beat you by Indian fighting, I determined to rush on you, andfight 011 face to face. I fought hard. But your guns were well aimed. The bullets fl9w l. e birds in the air, and whizzed by our ears like the wind through the trees in t; n t e r. My warriors fell around me; it began to look dismal. I saw my evil dayéfi i d ‘ l ”a” ,. a r t is dead, and no longer beats quick in his bosom. He is now aprisoner to the they will d o with him a s they Wish. But h e can stand t o r t u r e , and i s lot afraid of death. He is no coward. Black Hawk is an Indian. He has done nothing for which an Indian ought to be ashamed. He has fought or his countrymen, the squaws and papooses, against white men, who came, year 5; eryear, to cheat themand take away their lands. You know the cause of our mak‑ -g war. It is known to all white men. They ought to be ashamed of it. The white en despise the Indians, and drive them from their homes. But the Indians are t deceitful. The white men speak bad of the Indian, and look at him spitefully. ut the Indian does n o t tell lies; Indians do n o t steal. .. An Indian who is as bad as the white men, could n o t live in our nation; he ould be put to death, and [be] eat[en] up by the wolves. The white men are bad hool‐masters; they carry false looks, and deal in false actions; they smile in the . ccof the poor Indian to cheat him; they shake them by the hand to gain their , onfidence, to make them drunk, to deceive them, and ruin our wives. We told emto let us alone; but they followed on and beset our paths, and they coiled emselves among us like the snake. They poisoned us by their touch. We were or safe. We lived in danger. We were becoming like them, hypocrites and liars, aulterers, lazy drones, all talkers, and no workers. / ' Welooked upto the Great Spirit.Wew e n t to our great father. Wewere encour‑ ed. His great council. gave us fair words and big promises, but we got no satis‑ "fiction. Things were growing worse. There were no deer in the forest. The Ossum and beaver were fled; the springs were drying up, and our squaws and pooses Without victuals to keep them from starving; we called a great council ~d built a large fire. The spirit of our fathers arose and spoke to usto avenge our irongs or die. . ‘ ives were ready, and the heart of Black Hawk swelled high in his bosom when “fled his warriors to battle. He is satisfied. He will goto the world of spirits con‑ ‘ hite men; l f.l l o t. I i c cn , ‘ j ‘ I o n g ’ y Y win early 1832, tho 9,, denounced an 18 iiiinois. They wer ' “defeated, but Blac ° explains why he a ‘ their actions. , k Hawk ppi into ntually peech, ed" of 1Black You have itaken 9:,’expected, f I didm ‘Black Hawk is a true Indian, and disdains to cry like a woman. He feels for his , for I more ..the Indians.They will suffer. He laments their fate. The white men do not
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Trail of Tears
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 he 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 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."
Once you have read the documents, answer the following questions. (DOCUMENT IS
ATTATCHED)
From Cherokee Nation, "Memorial of the Cherokee Indians" (December 1829)
1. What did the author of the Congressional message mean when he said, "The
strength of the red man has become weakness" (p.136)
The meaning of the phrase is that the Indians have suffered because of their strengths which
were being hospitable. The speaker invokes the historical aspect that most Indians welcomed
the Europeans who went to their shores. The welcoming nature of the Indians would be
described as their strength. However, migration into the Americas increased significantly until
the Indians were a minority in their ancestral land. The saga would mean that Indians would
become suddenly vulnerable to the ever-increasing population of the European demographic.
Therefore, the Indians would suffer because they welcomed strangers who escaped various
challenges in their European territories and were willing to make the journey to a new colony.
2. The authors reference the 1790 Intercourse Act
(https://www.chickasaw.tv/events/indian-trade-and-intercourse-act (Links to an
external site.)) that placed nearly all interaction between Indians and non-Indians
under federal—not state—control, established the boundaries of Indian country,
protected Indian lands against nonIndian aggression, subjected trading with Indians
to federal regulation, and stipulated that injuries against Indians by non-Indians was
a federal crime. The conduct of Indians among themselves while in Indian country
was left entirely to the tribes. How do the grievances in this entry violate the spirit
and law of the Intercourse Act?
The state of Georgia wanted to acquire land which the Federal Government had reserved for
the Natives. However, it was a difficult task since the state would have violated the United

States law. The supremacy clause established earlier would mean that the Federal Law
protecting Indians from forceful eviction or aggression in their ancestral land would take
precedence over the Georgia State law, which was working to acquire land which was said to
belong to the Indians. Therefore, considering the supremacy clause, what Georgia was trying
to do would conflict with federal law. However, the Federal Law would be adjusted or repealed
when Andrew Jackson signed th...

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