History of American Indians and the United States

Cherokee Removal - Legal

Dr. Kane

mkane2@albany.edu Humanities 109 | MWF 9:20 - 10:15 AM

Office Hrs: M 10:20 - 11:20 & F 1:30 - 3:30

Social Science 60S

Friday, October 13

coming up

  • Locations paper Monday Oct 16
  • Friday: legal basis for Cherokee removal & aftermath to 1860
  • Monday: other cases of removal
  • Wednesday/Friday: American Revolution & Northwest Indian War

today's class

  • using research sources
  • legal background to Removal
  • Cherokee internal divisions
  • discussion of locations paper

why use scholarly vs. non-scholarly sources?

  • scholarly: specific, sourced information
  • scholarly: provides important background context
  • scholarly: big questions - issues which apply to many groups
  • non-scholarly: very recent information
  • non-scholarly: very local information
  • non-scholarly: what do people believe/how do people view an issue

use your previous paper!

rubric
rubric

where are we?

  • Removal era 1800-1840
  • Cherokee Removal - 1836-1839
  • Extermination era 1840-1887
  • Plains wars - 1848 - 1887/1918
  • US Civil War - 1860-1865
  • Grant's Peace Policy - 1869

Cherokee Nation

  • what issues divided Cherokee leaders? why did Ross favor petitioning while Ridge and Boudinot favored removal?
  • why did many view the Treaty of New Echota as illegal?

Commerce Clause - US Constitution

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes

Cherokee SCOTUS cases

  • 1823 – Johnson v M'Intosh
  • discovery doctrine & doctrine of conquest
  • Native American right of occupancy
  • 1830 – Cherokee Nation v Georgia
  • Cherokee Nation does not have standing - not a foreign nation – domestic dependent nations
  • 1832 – Worcester v Georgia
  • states may not make treaties or enforce laws
  • only federal government may make treaties

the Treaty Party

  • John Ridge, Elias Boudinot & Stand Watie
  • "full blood," traditional govt
  • protect sovereignty by getting away from Georgia

the National Party

  • John Ross, William Hicks
  • intermarried, slave-owning, elected govt
  • protect sovereignty by working within US system

why the break?

  • Georgia land lottery 1832
  • Georgia Gold Rush
  • harassment of Cherokee families & pro-Cherokee judges
  • Lewis Cass' "compromise"--dissolve Cherokee govt & individuals can remain

Treaty of New Echota 1835

  • Oct 1835 - John Ross + Elias Boudinot attempt to negotiate in DC
  • Dec 1835 - treaty council convened in Georgia
  • signed by 21 with no legal authority
  • citizenship clause removed after signing
  • Ross petitions Congress - 16k signatures

Trail of Tears

  • hot dry fall, cold wet winter
  • 7k militia to remove 13k Cherokees
  • 3 months, 1000mi, 1/4 mortality rate
  • Ridge, Boudinot & Watie murdered in Oklahoma
  • was there an alternative?

Civil War legacy

  • 1860 Indian Territory opened to white settlement
  • Confederacy promises to recognize Indian nations as independent nations
  • security of land and property – slaves
  • Cherokee Freedmen – emancipated slaves to be recognized as citizens

locations discussion

  • what time period is the major turning point in your region?
  • how do your cases connect to one another?
  • any similarities or differences with the Cherokee case?