The Cherokee delegation, composed of John Ross, Major
Ridge, George Lowrey and Elijah Hicks, set out to Washington promptly on the
adjournment of Council. They travelled on horseback carrying whatever was
necessary to the journey in saddlebags strapped to their saddles. The trip
up to the capital at this time of year was not an easy one. But as they rode
over wind-swept ridges and through snow-covered valleys, or, at night, sat
by the fire of the wayside "public stop," they never tired of discussing the
questions of the day, particularly those which concerned the welfare of
their own nation. For several years they had been associated together in the
Cherokee Council, knew each other well, and trusted each other implicitly.
They were all men of affairs also, and although one of them could not read
nor write in English, he had acquired much useful information and was keen
and astute in managing the political affairs of his people.' Ross was
doubtless the best educated one of the four. Besides his two years'
experience in the Academy at Maryville he had read many valuable books which
he found in his father's library, and his letters prove that he wrote very
clearly, though his style was somewhat formal and stilted. As to personal
appearance, they all possessed the independent, dignified bearing which has
always distinguished Cherokee men reared in the mountains, and their natural
politeness and courtesy marked them as gentlemen, in spite of the fact that
their forbears, a generation or two before, had been considered savages.
Arriving in Washington the middle of January the
delegation learned, to their disappointment, that they could not confer
personally with the President, but that any business which they wished to
transact with the executive must pass through the War Office. When they
presented their credentials to Secretary Calhoun he sounded the keynote of
the Federal policy by asking them if they had come to make a further cession
of land. Their answer was in the form of a memorial in which they earnestly
urged that their nation was laboring under peculiar disadvantages arising
from the repeated appropriations of Congress to hold treaties with them;
such action retarded national improvement by unsettling the minds and
prospects of the citizens. They repeated their determination to part with no
more land, as the limits fixed by the treaty of 1819 left them territory
barely adequate to their comfort and convenience; the Cherokees were rapidly
increasing in population, rendering it the duty of the nation to preserve,
unimpaired to posterity, the lands of their ancestors. For these reasons,
they asked that some other arrangement be made whereby Georgia's demand for
land might be satisfied.
The Secretary of War, in reply, laid great stress upon
the Georgia compact and upon the zealous desire of the President to carry it
out, a distinct society or nation within the limits of a state being
"incompatible with our system".3 He then set forth in glowing terms the
benefits that would result to the Cherokees from an exchange of their
country for one beyond the annoying encroachments of civilization. The
delegation reminded him that the United States was under compact to
extinguish the Indian claims only on peaceable and reasonable terms; as for
incompatibility with the system of the United States, the Indians were the
original inhabitants of the country, and were not willing to allow the
sovereignty of any state within the boundaries of their domain; they had
never promised to cede their lands to the Federal Government, but it had
guaranteed the land to them; they were net yet sufficiently civilized to
cease being an independent community and become a territory or state within
the Union; removal would at least retard their advancement in civilization
since it would take them some time to adjust themselves to new environments.
The Indians had justice and logic on their side and argued the points of the
case so cogently that even the astute Secretary of War was unable to refute
them. At the suggestion of the President copies of the correspondence were
sent to the Georgia delegation in Congress and to George M. Troup, governor
of the state. Troup was an extreme state's rights man who represented the
rich planter population. He had been elected governor of Georgia with the
avowed policy of ridding the state of Indian occupancy.
The Georgia congressmen protested against the
diplomatic courtesy shown the Indian delegates, and complained that the
civilizing policy of the United States tended to fasten the Indians more
firmly on the soil. The hot-headed governor, after censuring the weak and
dilatory policy of the Federal Government towards the Indians in the past,
and accusing the white men in the Cherokee Nation of influencing them
against removal, declared that the fee simple of the lands lay in Georgia
and that the Indians were tenants at her will; Georgia demanded the removal
of these tenants who must be given to understand that the United States, at
the expense of bloodshed, must assist Georgia to occupy her lands. President
Monroe, in his message March, 1824, defended the course which the national
executive had pursued towards the Indians. He advocated removal beyond the
Mississippi but not by force, and expressed the opinion that the Indian
title was not affected by the Georgia compact, the expression, "at the
expense of the United States as long as the same can be done on reasonable
terms," being full proof of the distinct understanding of both parties to
the compact The Indians had a right, he thought, to the territory, in the
disposal of which they were to be considered as free agents.
A select committee from the House of Representatives,
of which John Forsythe was chairman, reported on this message April 15,
after expressing the opinion that the guarantee of lands before 1802 granted
occupancy title only, and resolved that if peaceable acquisition were not
now possible the Indians must be removed by force, or the United States
obtain from Georgia consent to some other plan; otherwise she might be put
in the position of either seeing the Cherokees annihilated or defending them
against United States citizens.
Governor Troup was provoked to a fresh outburst of
wrath by the President's message and by the discussion in Congress, but when
a fresh appropriation was made the last of May to extinguish Indian land
titles in Georgia he quieted down for a time, confining his views on state
rights and the Indian question to the state legslature. Here, however, he
hotly declared that "a state of things so unnatural and fruitful of evils as
an independent government of a semi barbarous people, existing within the
limits of a state, could not long continue, and wise counsel must direct it,
that relations which could not be maintained in peace, should be dissolved
before an occasion should occur to break that peace." In his message of 1825
he recommended the legislature to adopt energetic measures for ridding the
Cherokee Nation of all white people excepting only such as were necessarily
employed by the United States to regulate commerce with the tribe. He also
recommended the legislature to extend the laws of Georgia over that nation.
The Cherokees, however, held fast to their contention for national rights,
and when Georgia attempted to send surveyors through their nation, to lay
out the course of a canal, the Council refused to permit it. "No individual
state shall be allowed to make internal improvements within the sovereign
limits of the Cherokee Nation," was resolved by the Council of 1826. This
exasperated Governor Troup, who, however, was foed to bide his time, his
attention, at this time being more particularly directed towards the removal
of the Creeks and Seminoles.
Thus far, it would teem the Cherokees had gained the
best of the controversy. With firmness and determination they had maintained
their rights to the soil and the sovereignty of their nation; the delegation
at Washington had won many friends for their cause in Congress. But the
Cherokees did not permit themselves to be betrayed by overconfidence in the
security of their position. They were keenly conscious that the ability to
maintain this position depended upon their own alertness and
resourcefulness. To the national ambition for advancement was now added a
more powerful incentive, that of self-preservation.
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