Overview of Cherokee Nation Strategies and U.S. Relations

People Fall Short and Strategies for Survival

  • Acknowledgement that there are multiple strategies attempted by Native nations for survival and resilience in the face of U.S. expansionism.
  • Discussion on the relationship between racial identity and nation-building in the context of the United States and the Confederation.
  • Multiple strategies lead to mass importation, reparations, removals, and loss of land.

Cherokee Strategies

Creation and Reinforcement of Nationhood
  • The Cherokee strategy is characterized by attempts to formalize their nationhood.
  • Civilization Program:
    • Cherokees embraced the civilization program, not with the intention of abandoning their identity, but to strengthen their nation and retain their homeland.
    • Acculturation is a key element, as they adapt but still aspire to be Cherokee.
Failure of Accommodation Strategy
  • Despite efforts to assimilate and adapt, strategies of accommoding resistance fail ultimately.
  • The civilization program involved engaging with Western practices and establishing governance systems to reinforce their identity.

Federal Treaties and Legal Recognition

Treaty of Holston (1791)
  • This treaty between the United States and the Cherokee has several key components:
    • Perpetual Peace and Friendship: Article I emphasizes a mutual recognition of sovereignty between the two entities, acknowledging the Cherokee as a separate, autonomous nation.
    • Trade Regulation: The treaty gives Cherokees exclusive rights in regulating trade. This effectively restricts them from trading with other nations.
    • Settlement Protection: If settlers encroach on Cherokee lands, they have the right to punish them, and such settlers would lose protection from the U.S. government.
    • Civilization Promotion: The treaty mentions support for the Cherokees to transition to agriculture from hunting to promote civilization.

Geographic Context

  • The Cherokee Nation resides primarily in Northern Georgia and East Tennessee, with historical references to their sacred grounds.
  • Over subsequent decades, the state of Georgia plays a significant role in Cherokee deportation efforts.

Formation of Cherokee Government

Establishment of New Echota (1817)
  • The Cherokee Nation creates a formal capital at New Echota, promotes a written constitution to govern their collective affairs, and embraces a structured government with three branches:
    • Legislative Branch
    • Judicial Branch
    • Executive Branch
  • The Cherokee government adopts elements from the U.S. system, establishing democratic elections and formal laws, including private property constructs.
  • Significant laws aim for individual land ownership, with strict prohibitions on selling land to non-Cherokees.

Innovations and Cultural Advancements

  • Sequoyah: A notable figure who invented a syllabary for written Cherokee language. This boosts literacy among the Cherokee Nation.
  • Cherokee Phoenix: A newspaper founded to promote information and education, published in both Cherokee and English.
  • The desire to enhance education leads to sending promising young Cherokee men to colleges in New England to foster knowledge and intermarriages which pose cultural tensions.
  • The introduction of slavery among wealthier segments reflects an adaptation to Southern societal norms and economic practices.

Challenges Under Andrew Jackson

Background on Andrew Jackson
  • Andrew Jackson, as a key figure, known for his tough persona and military successes, rises to the presidency and advances policies that support the removal of Native nations from their lands.
  • His administration views removal as beneficial for states and the nation at large but controversially frames these policies as promoting civilization for indigenous tribes.
Indian Removal Policies
  • Jackson promotes removal to prevent conflict between federal and state governments, viewing the expulsion of Native Americans as crucial for progress and expansion.
  • He equates native populations to "savage hunters" undermining their achievements in civil governance and economy.

Georgia's Legislative Actions

Jurisdiction Over Cherokee Nation
  • In 1829, Georgia claims jurisdiction over Cherokee lands, effectively attempting to abolish their national identity and enforce state laws without rights of citizenship.
  • A lottery system established by Georgia enables the redistribution of Cherokee land to white settlers, eliminating Cherokee presence and ownership.

Legal Battles and Supreme Court Cases

Cherokee Nation v. Georgia and Worcester v. Georgia
  • The Cherokee pursue justice via the court system, contending against Georgia's unconstitutional disregard for their treaty rights.
  • Worcester v. Georgia (1832): The Supreme Court rules in favor of Worcester, affirming Cherokee Nation sovereignty and the unconstitutionality of Georgia’s claims over Cherokee lands.
    • The ruling states that the Cherokee nation had to voluntarily give up land and that Georgia’s actions violated U.S. treaties.
Impact of Inaction by Andrew Jackson
  • Jackson refuses to enforce the court's ruling, leading the Cherokees to lose faith in legal recourse.

The Treaty Party vs. Anti-Treaty Party

Internal Divisions Among Cherokees
  • A faction, termed the Treaty Party, advocates for signing a treaty to secure compensation and relocate due to the untenable situation.
  • The majority, led by Chief John Ross, refuses to accept the legitimacy of such a treaty and strives to oppose the removal through legal means.
  • Treaty of New Echota (1835): Signed by the Treaty Party without authorization from the nation, resulting in the U.S. Congress ratifying it, despite public opposition.

The Trail of Tears

  • Ultimately, many Cherokee were forcibly removed under the policies established by the U.S. government, leading to grief and suffering during relocation.
  • The legacy of the Trail of Tears continues to affect Cherokee identity and culture into contemporary discussions.
Conclusion
  • The historical events surrounding Cherokee removal illustrate the complexities of identity, resilience, and survival against systemic pressures and expansionist policies from the U.S. government.