The Ideal American Land Ownership

• The United States idealizes individual land ownership as a core trait of citizenship.

• Thomas Jefferson's Vision:

  • Jefferson advocated for the ideal American to be a yeoman farmer—self-sufficient individuals who own their own land, ideally 40 acres or more.

Challenges in Land Ownership for Native Americans

• Jefferson believed individual ownership simplifies transactions.

• Difficulty in Purchasing Land:

  • Easier to buy land from an individual than from a tribe.

  • Tribal land often involves multiple stakeholders, complicating agreement without coercion.

• Blood Laws of the Civilized Tribes:

  • Established by the five civilized tribes to protect land rights.

  • Definition: A blood law prohibits any tribal member from selling land without tribal approval, punishable by death.

The Response of the Five Civilized Tribes

• Despite assimilating into American culture (e.g., education, lifestyle), the tribes refused to sell their land.

• The Land Demand:

  • In the 1830s, the demand for land escalated due to the cotton market boom.

  • Southeastern U.S. had prime cotton-growing land that Native Americans occupied.

• Settler Justification for Land Seizure:

  • Settlers argued that unused land should be available to them as they would use it for a "higher and better use."

  • Example: Settling on Cherokee land in Georgia.

Legal Attempts for Land Retention by the Cherokees

• Cherokees sought legal recourse by petitioning the Governor of Georgia.

  • Their treaty with the U.S. was being violated by white settlers.

• The Governor's Response:

  • Governor of Georgia stated it was a federal issue, not his responsibility.

• Supreme Court Cases:

  • Notable cases: Cherokee Nation v. Georgia and Worcester v. Georgia.

  • The Supreme Court, led by Chief Justice John Marshall, ruled in favor of the Cherokee Nation, acknowledging their rights.

  • Jackson's Reaction: Refused to enforce the Supreme Court ruling, illustrating the frailties of legal protections for Native Americans.

Manifest Destiny and its Implications

• Context of Manifest Destiny:

  • A philosophy suggesting that it was God's will for Americans to expand across the continent.

  • Justified land acquisition from Native Americans as inevitable.

• The Cherokee’s Response to Threat of Removal:

  • A segment of the Cherokee, aware of their powerlessness, sought a treaty to sell their land and relocate voluntarily.

• Collaboration with President Andrew Jackson:

  • Some Cherokees negotiated a deal resulting in the Treaty of New Echota in 1835.

  • Generous offer of $5,000,000 for land, facilitating their voluntary movement to Oklahoma territory.

  • This process became systematic, allowing the Cherokees to prepare for relocation.

The Forced Removal and the Trail of Tears

• Definition and Consequences of the Trail of Tears:

  • Forced relocation process of the Cherokees by the U.S. Army leading to significant death and suffering.

  • Approximately 5,000 out of 15,000 Cherokees died during the forced march, citing a one-third mortality rate.

  • True death toll considered closer to half when accounting for subsequent hardships after arrival in the new territory.

• Historical Context Aftermath:

  • The Cherokee faced further challenges adapting to their new environment, leading to internal disputes.

• The Migration to Oklahoma:

  • Stipulations included a firm deadline for relocation, with threats of military action for compliance.

  • The harsh conditions led to additional deaths from exposure and starvation post-relocation.

Evolution of Federal Indian Policies

• Overview of Policies:

  • Following the Trail of Tears, Andrew Jackson discontinued diplomatic resolutions, favoring forceful removal.

  • The Reservation System was established to mitigate the immediate issues of forced relocation.

• Characteristics of the Reservation System:

  • Reservations were designed to limit Native American land ownership while providing specific boundaries.

  • Some tribes faced continued removal under this system, but provisions and support were generally extended.

• Allotment System:

  • Introduced in the late 1800s, aimed at individualizing land ownership and creating pathways for land purchase.

  • Resulted in separation of tribal members and widespread criminal exploitation.

• Termination Policy:

  • Post-World War II strategy aimed at assimilating Native Americans into urban life, leading to neglect and increased poverty.

Cultural Resurgence and Civil Rights Movement

• Red Power Movement:

  • Native Americans began asserting their cultural identity and rights during the civil rights movement.

• Concept of Cultural Pluralism:

  • Sought recognition of diverse cultural heritages and identities within the society.

  • Celebrated the distinctiveness of Native American cultures and fought against singular narratives of assimilation.