Removal from North Georgia

Matt Shirley

One thing that is often times overlooked during discussions of American history is the fact that this country originally belonged to Native Americans and it was taken by white settlers.  This nation that has been so prosperous and supposedly founded on Christian principles was forcefully taken from a group of people who did nothing wrong.  The Native Americans that lived on this land consisted of many different tribes located all over North America.  The white men who founded the new nation felt as though they had to find a way to go about getting these savages off of their land.  These men would come up with treaties and force Indian leaders to agree to the terms.  As Ronald Satz stated in the Georgia Historical Quarterly, United States “treaty commissioners used force, bribery, deception, and threats to cajole Indian leaders into signing land cession treaties calling for the emigration of their people to the trans-Mississippi West.”  [1]

 

There were many Native Americans who would refuse to leave their land and they would fight the white men for what they felt was inherently theirs.  Some of them resisted by simply refusing to move off of their land and some would resist by fighting the court system but eventually all Native Americans would lose.  Just like lawmakers today make laws that are self-beneficial, the treaties that were created by the United States leaders were beneficial to Americans, in particular the southern expansionists.  The Native Americans who tried to resist removal through fighting the court system had little success.  It would be nearly impossible to defeat these white men in their own courthouses. 

 

It is very rare for American education systems to teach how this land actually came to be theirs.  Seldom are children taught about how their ancestors wanted this land so they decided they would take it from a group of people that they felt were inferior.  They took it by “force, bribery, deception, and threats.”  Perhaps this is not taught because people of this generation are ashamed of their ancestors or possibly because it simply does not go along with the Christian principles this nation was supposed to be founded on.  For whatever reason, we rarely look at the injustice that was done to the Native American people.  As Americans it is easy to deny the brutality and cruelty of this event but in order to really study history one must ignore the false stories they have heard about past events and take an in-depth look at the truth. 

 

While many states and groups of people had a part in the removal of Indians in the 1830s, the state of Georgia played a particularly large role in this affair.  What kick started the actual movement of southern tribes off of their land can be traced directly to the state of Georgia’s surrender of its western territory to the national government during Thomas Jefferson’s first administration.  This turns out to be the spark that lit the fire that would burn for the next forty years in the southeastern United States and the effects of this fire would be forever felt by Native American people.  This fire would eventually engulf the homes of every Native American and leave them with nothing.  It would cost them the land on which they lived, the land they had always called home.  While this would be the death of the Cherokee in the southeast, it would mean good things for the white men.  [2] 

 

This new nation waged war on the Native American people.  The war they waged may have not had United States soldiers attacking tribes and killing hundreds at a time but it would be a political war.  This was a war that was completely one-sided and where one party never had a chance.  Though there are not many famous battlefields where United States troops would claim the lives of Native Americans, many Native American lives were lost.  As many as 4,000 Cherokees died as a result of being driven off of their homeland in Georgia.  4,000 Cherokees equates to twenty-five percent of the tribal population.  One out of every four Cherokees died as a result of decisions made by self-serving Americans.  These decisions should not be overlooked or swept under the rug.  They led to the crippling of a culture and the altering of a region of the world forever.

 

The leaders of the United States during this time period would act in a way that was so selfish that it would cause the future generations to be so ashamed of them that they would hide the truth behind a large number of fictional stories.  Much of what American children are taught about early nineteenth century American history are sugar-coated in such a way as to not shed a bad light on this Christian nation.  The United States claims to be a country that is founded on Christian principles such as loving your neighbor.  If one looks back at the history of this nation it would seem to be founded on principles such as only the strong survive. 

 

When white settlers arrived in America they saw this incredible amount of land that had so much untapped potential.  They thought the Indians were ignorant for not using the land the same way they thought they should.  The Native Americans simply used what they needed and nothing more.  They were not interested in living these prosperous lives.  White men saw this as being lazy.  These white settlers thought the Native Americans were barbaric simply because they were different than themselves.  When examining any two different cultures, hundreds of differences would be noticed but these settlers saw cultural differences as reasons Indians were inferior to them.  This is the same way in which Americans would look at African-Americans into the nineteenth century.  The settlers thought these savages were too stupid and lazy to be worthy of the land they lived on.  These negative ideas of Native Americans would be passed on from generation to generation and eventually lead to the Indian Removal of the 1830s.

 

The removal of the Indians in the 1830s was the outcome of a relentless-campaign by southern expansionists to seize control of Indian land.  This campaign dates back to the Compact of 1802 where Georgia ceded its land west of the Chattahoochee River to the United States.  The state of Georgia would obviously not give up their land without some heavy incentives.  The incentive was a federal promise to extinguish the Indian title in the state as soon as it could be “peaceably obtained, and on reasonable terms.”  This agreement between Georgia and the United States contradicted Indian policy that had been in place since the George Washington administration.  When the first president of the United States held office it was decided that the lands of Indian tribes would be recognized as “Indian country” and they would not fall under jurisdiction of the United States.  There was also a part of the federal Indian policy stating that the United States could obtain Indian lands by treaty with the consent of the tribal government and by a fair amount of financial compensation.  This part of the federal Indian policy would be what the American leaders would focus on.  They would use this part of the policy to strip Native Americans of their land.  [3]  

 

When Andrew Jackson was elected president in 1828 he put the removal of Indians at the top of his list of priorities.  Between 1802 and 1819, federal treaties gave twenty million acres of land to white settlers and left only five million to the Cherokee.  For years the Cherokee refused to give the government anymore land but Georgia would be persistent.  The state of Georgia would request the federal government to force removal so they could cease more land but the federal government refused until the Andrew Jackson administration.  In an attempt to justify removal Andrew Jackson pointed to two reasons he felt Indians should move west: one, that having an independent nation within a state is a situation that could lead to disaster and two, that southeastern Indians needed to move across the Mississippi away from white encroachment for their own survival.  Jackson stated that he feared that if Indians were allowed to remain in Georgia they would become extinct.  It is interesting to see how even in the early years of this country politicians had dishonest ways of approaching something in which they wanted to make happen.  While many Americans were shocked at the policies of the Jackson administration, Georgia wasted no time in taking advantage of the new policies.  The men who lived in Georgia did not care whether or not Indians became extinct; they just saw removal as an opportunity for them to own large amounts of land and eventually make a large profit through slavery.  The New Echota Treaty was formed in 1835 and it was probably the most important treaty for the state of Georgia.  Under this treaty the Cherokee ceded all of their holdings in Georgia for a western inheritance of equal size and five million dollars.  All Cherokee were to be removed from Georgia within two years time.  This treaty, like many others, was extremely one-sided.  The terms of the New Echota Treaty were negotiated in the absence of all of the important chiefs and tribal members.  The president turned a deaf ear to all of their pleas for mercy though.  This gives us a good indication of how insensitive United States leaders were to Native Americans.  It would not matter to the white men if the Indians agreed with their policies or not they just simply wanted them removed from their land.  [4]

 

The leaders of the United States tried to act as though they were being generous to Native Americans by giving them land out west.  This is a good indication of just how ignorant white men thought Native Americans were.  The Indians who refused to accept the removal policy would be blasted with threats of violence and poverty.  Brigadier General John E. Wool addressed Cherokee people in New Echota, Georgia on March 22, 1837.  In this address he reminds the Cherokee people that they have until May 25, 1838 to move or they will be moved with force by the United States military.  He reminds them of the New Echota Treaty that was signed in 1835.  There were many Cherokee who refused to accept the New Echota Treaty due to their absence during negotiations.  Wool speaks of this in his address: “I told you, if you submit to the terms of the treaty I would protect you in your persons and property, at the same time I would furnish provisions and clothing to the poor and destitute of the Nation.  You would not listen, but turned a deaf ear to my advice.  You preferred the counsel of those who were opposed to the treaty.  They told you, what was not true, that your people had made no treaty with the United States, and that you would be able to retain your lands, and would not be obliged to remove to the west, the place designated for your new homes.  Be no longer deceived by such advice!  It is not only untrue, but if listened to, may lead to your utter ruin…Your fate is decided; and if you do not voluntarily get ready and go by the time fixed in the treaty, you will then be forced from this country by the soldiers of the United States.”  In this address, one can see the bribery, force, and deception used by the United States government.  Later, Wool states, “I have not come among you to oppress you, but to protect you and to see that justice is done you, as guarantied by the treaty.”  This portion of the address shows how deceptive Wool was being by attempting to show the Native Americans that he is looking out for their best interests.  The same people that forced the Indians from their land would attempt to appear as though they were doing it for the good of the Native American people.  [5]

 

In the summer of 1830, Georgia officials arrested a Cherokee man named George Tassels for murdering another Cherokee man within the boundaries of the Cherokee Nation.  Before his trial, Tassels lawyers tried to file an interlocutory appeal contending that Georgia’s extension legislation was an unconstitutional encroachment on Cherokee sovereignty and that the state therefore lacked jurisdiction in this case.  In Georgia v. Tassels, the Georgia appeals tribunal said the state had jurisdiction over this case and remanded the case for trial at the local level.  Tassels was convicted of murder in November in the Hall County Superior Court and sentenced to hang on the coming Christmas Eve.  John Ross, the Principal Chief of the Cherokee Nation, tried to appeal to the United States Supreme Court but Georgia Governor George Gilmer refused to let the Supreme Court make a ruling on this.  He called the state legislature into emergency session and on December 22, the assembly passed a resolution advising Gilmer to ignore the Supreme Court’s summons and its implied stay of execution.  Near midnight, Gilmer sent a special messenger at high speed to the local sheriff in Hall County to order him to carry out Tassel’s sentence immediately.  On December 24, Tassels hung from a tree in a field outside of Gainesville, Georgia.  The white men of North Georgia were so set on removing the Indians that they did not want to take on letting them get aid from the United States federal government.  They were not going to let this decision get taken out of their hands.  This shows just how difficult it would be for Native Americans to get justice in a white man’s court system.  [6]

 

John Ross was the leader among Indians and he refused to accept the injustice being done to Native Americans.  He would fight the Americans until the bitter end.  The Assistant Principal Chief, George Lowrey, wrote a letter to John Ross on January 5, 1838.  By this time, most of the Cherokee people have accepted removal and gone west but there were still many who stayed on the land that they felt was their home.  In the letter, Lowrey is telling Ross how the Cherokees have been given an ultimatum for removal and are threatened with violence if they refuse to leave.  Here, Lowrey is telling Ross what a United States leader told him about removal: “The War Department authorized to approve the treaty and the Cherokees to get ready to go down the river and what little property they have to sell it quick as they can.  They will have to leave.  If they are not ready to leave in time to leave May 25 I will have my soldiers and they may have to spill blood.  That is what I have to do according to my orders, although I don’t want one Indian’s single hair to fall to the ground.  Therefore I want you to notify them to get ready to leave.”  When he speaks of the Cherokees going down the river he means leaving their land and going west.  That was the way in which they went west, by the Mississippi River.  [7]

 

Native Americans were treated with extreme hostility when the United States government felt it was necessary.  The fact that many Cherokee people stayed despite the constant threats that were hurled at them shows just how important this was for their people.  This was not simply a place they lived for a few years, this had been their home for their entire lives and it was their ancestors’ homes years before them.  No matter how much Native Americans resisted they would be forced to leave their land in the end.  Their refusal to remove themselves voluntarily resulted in what we call the Trail of Tears.  Many Indians were killed during the Trail of Tears and for the ones who survived, a large part of them definitely died on that same trail. 

 

In the early years of this newly formed nation, no issue was more important to Georgians than the removal of Indians from their land.  The government leaders would relentlessly attack this issue until every Cherokee person was on the Mississippi en route to the west.  The manner in which the Indians were dealt with is embarrassing to people who call themselves Americans today.  The people of this nation claimed to love their neighbor while they were actually waging war on them.  It was a war that would go on for forty years and end with the bitter Trail of Tears.  The Native Americans were guilty of nothing but were treated like criminals.  They were different from the white men, that is certain and these differences are what caused the white men to look down on them.  They could not live on the same land as these people they felt were savages so they just decided to force them to leave by whatever means necessary.  The treatment of the Native Americans during the early years of the United States is something that does not get enough attention.  America is now quick to stop other countries from being tyrants but that is how this nation was formed.  It was formed on a principle that if you have something I want and you won’t give it to me then I will just take it.  It seems to me as though that was the American way.

 

Other Sites of Interest

 

http://ngeorgia.com/history/nghisttt.html

http://www.studyworld.com/indian_removal_act_of_1830.htm

http://www.pinzler.com/ushistory/indremsupp.html

http://www.state.gov/r/pa/ho/time/dwe/16338.htm

http://www.yvwiiusdinvnohii.net/history/jf-debat.txt

 

 

Endnotes



[1] Ronald N. Satz, “The Cherokee Trail of Tears: A Sesquicentennial Perspective,” Georgia Historical Quarterly 73 (3) 437.

[2] Tim Alan Garrison, “Beyond Worcester,” The Journal of the Early Republic 19 (3) (1999): 423.

[3] Mary Hershberger, “The Struggle against Indian Removal in the 1830s,” The Journal of American History 86 (1).

[4]  James R. Christianson, “Removal: A Foundation for the Formation of Federal Indian Policy,” Journal of Cherokee Studies 10 (2) (1985): 223.

[5] John E. Wool, Address 1837 March 22, Headquarters, New Echota, Georgia, Southeastern Native American Documents, 1730-1842.

[6] Garrison, “Beyond Worcester,” Journal of the Early Republic 19 (3) (1999): 424.

[7] George Lowrey, Letter in Cherokee, 1838 January 5, to John Ross, Washington, Southeastern Native American Documents, 1730-1842.