How Did Cherokee's Fight For Sovereignty

filed with the U.S. Supreme Court an action challenging the authority of Georgia's laws. The Cherokees disputed that the laws desecrated their chief rights as a nation and criminally interfered into their treaty relationship with the United States. In Cherokee Nation v. Georgia (1831), the court held that it did not have the authority to strike down Georgia's laws. In dicta that became particularly important in American Indian law, Chief Justice John Marshall wrote that the Cherokees constituted a "private, dependent nation" that existed under the custody of the United States.

The Treaty of Hopewell in 1785 established borders between the United States and the Cherokee Nation offered the Cherokees the right to send a “deputy” to Congress, and made American settlers in Cherokee territory subject to Cherokee law. With help from John Ross they helped protect the national territory. In 1825 the Cherokees capital was established, near present day Calhoun Georgia. The Cherokee National Council advised the United States that it would refuse future cession request and enacted a law prohibiting the sale of national land upon penalty of death. In 1827 the Cherokees adopted a written constitution, an act further removed by Georgia. But between the years of 1827 and 1831 the Georgia legislature extended the state’s jurisdiction over the Cherokee territory, passed laws purporting to abolish the Cherokees’ laws and government, and set in motion a process to seize the Cherokees’ lands, divide it into parcels, and other offer some to the lottery to the white Georgians.

The people of Cherokee do not think that expansion of the United States territory is sufficient justification for the government to take their land. The real motive is to take advantage of the forestry and mining opportunities that exist on the Cherokee

There has always been a big debate on whether the Cherokee Indians should have or should not have been removed from the land they resided on. Although the common consensus of the whites was for removal, and for the Cherokees it was against removal, there were some individuals on each side that disagreed with their groups’ decision. The Cherokee Indians should have been removed from their homeland because the Cherokees would not have been able to survive on their own with the way they were living, they would not have been able to exist amidst a white population, and if they were removed, the whites would have helped them create a new and prosperous civilization.

On November 28, 1785 the Cherokee tribe signed the first peace treaty between themselves and the Americans; the treaty was named The Treaty of Hopewell. This said that the Cherokee land was, in fact, theirs and it couldn’t be taken from them. The Cherokee occupied the lands of present day Alabama, Georgia, North Carolina, Tennessee, and Florida. This treaty held its own for a few decades until Georgia decided that they wanted to deal with the “Indian problem” (Wing, Trail of Tears). By 1802 Georgia and the president at the time, Thomas Jefferson, signed an agreement. This agreement was called the Georgia Compact and its sole purpose was to take the Indian lands and force them to move out of Georgia boundaries (Conley 46). The Cherokees did not want to leave their homeland but the Americans, the south specifically, did not give them much

In 1831, the Cherokee nation went to court against the state of Georgia. They were disputing the state’s attempt to hold jurisdiction over their territory. Unfortunately, because they are not under the laws of the constitution, the Indian’s right to court was denied. It was not until 1835 that the Cherokee finally agreed to sign the treaty, giving up their Georgia land for that of Oklahoma.

On may 28, 1830 the Indian Removal Act was passed by the congress and was signed by the current president at the time Andrew Jackson. The Indian Removal Act authorized the president to grant unsettled lands west of Mississippi in exchange for the Native Americans land. This forced Native American tribes to march their way west of Mississippi. Some tribes left in peace but most of the tribes resisted. In 1835 the agreement to, Treaty Of New Echota allowed Jackson to order Cherokee removal. Some Cherokee leaders signed the treaty and left but people under the leadership Chief John Ross resisted until they were forced to move to a new location 1838. Their forced journey to their new location was called the Trail Of Tears. Ever since, Native Americans have been living in reservation lands and the government has taken notice but don’t know if they should give them land or money. The government should be giving Native Americans land instead of money because the reservation lands are not

Most of us have learnt about the Trail of Tears as an event in American history, but not many of us have ever explored why the removal of the Indians to the West was more than an issue of mere land ownership. Here, the meaning and importance of land to the original Cherokee Nation of the Southeastern United States is investigated. American land was seen as a way for white settlers to profit, but the Cherokee held the land within their hearts. Their removal meant much more to them than just the loss of a material world. Historical events, documentations by the Cherokee, and maps showing the loss of Cherokee land work together to give a true Cherokee

The Cherokee had many individual whites to fear, but the real threat was the American government. The government had the power to force the removal of the Cherokee nation from there homes. Not only did they have the power to do so, they did exactly that. In 1838, the federal government acted on a treaty agreement that gave away all Cherokee land east of the Mississippi, in exchange for new lands in the west and a cash settlement. Only a minority of the Cherokee people signed this treaty. Some of the Indians that signed the treaty were bribed by American officials, however the government considered it valid. “In fact, all of these treaties were tainted: Some were obtained through bribery; others through threats and intimidation” (Kelly 39). Stealing Property through obtaining false treaties had become the way the American government would drive the Indians from their land.

The Cherokee people were forced out of their land because of the settler’s greed for everything and anything the land had to offer. Many Cherokee even embraced the “civilization program,” abandoning their own beliefs so that they may be accepted by white settlers. Unfortunately for the Cherokee though, the settlers would never accept them as an equal citizen. A quote from historian Richard White says it very well, “The Cherokee are probably the most tragic instance of what could have succeeded in American Indian policy and didn’t. All these things that Americans would proudly see as the hallmarks of civilization are going to the West by Indian people. They do everything they were asked except one thing. What the Cherokees ultimately

Henry Knox, the United States’ Secretary of War from 1789 to 1794, wrote a report in 1789 about a conflict between a group of Native American peoples who lived near the Wabash River, and although this group was not tied to the Cherokees, it offers a lot of information pertaining to

The Cherokee Nation wanted federal order against Georgia’s passed laws. The laws that were passed were extremely wrong, hateful and they stripped the power of human rights of the Tribe. The Cherokee Nation believed that Georgia was violating the 3rd article in the constitution.The 3rd Article of the Constitution describes the judicial power. The 2nd Section states that the Supreme court has the choice of listening to any case they please. They believed that Georgia was depriving them of rights to the land that they had claimed as their own. The Cherokee tribe had the rights to the land because of a previous

Since neither the United States nor Native Americans would give up their goals, the government of United States figured that to win Native Americans and get all they wanted, government needed to spend lots of money and time. The United States tried to figure out a peaceful way to communicate with Native Americans. The new workable system fell to President George Washington’s first Secretary of War Henry Knox (p. 10).Henry Knox brought a new relation between Americans and Native Americans. Knox and Washington believed that the “uncivilized” Indian life was based on them not knowing better. On the other hand, their inferiority was cultural not racial (p. 11). In 1791 they announced the Cherokees may be led to a greater civilized society instead of remaining hunters. So women started to weave cloth, these Cherokee planters became rich, and the first law established in 1808 was about preventing the theft horses, also Cherokees invented a system for writing the Cherokee language.

However, many of the members of the tribe disagreed and continued to move away to Arkansas to escape the shites. Some Americans could not wait for any further moving of the Indians, turned up on the Indian land, and started settling. Andrew Jackson wanted all of the Indians to be removed east of the Mississippi River so when he was elected President in 1828, the Indians were in trouble. Congress passed the Indian Removal Acts in 1830, which gave the President of the United States the power to force all the Indians to relocate west of the Mississippi. If that weren't enough of a reason to have the Indians leave the territory, gold was discovered in the Cherokee area that same year. At this point, people from all over were traveling to Georgia to find some fold for themselves.

In 1838, the Cherokee Indian Removal Act forced Cherokee and Creek Indians out of Georgia on a 5,045 mile walk all the way to the farthest west land that the United States had at the time, Oklahoma[1]. This event is now known as The Trail of Tears known for the many tears shed by the Indians that had to travel on the trail. The main reason for their removal from the premises was because of the gold that was discovered in the land of the now Hall County or Dahlonega. People have their opinions on whether the Creek and Cherokee should have been removed, to be honest, I am on the fence about this topic. I can recognize the great injustice that was made to the Indians but I also see that this action allowed for growth in Georgia and its economy, which contributed to growth for the United States as a whole. If I had to choose, I would say that the Cherokee Indians should not have been removed from their territory. For one, they were settled in their land before the english came and were in a way civilized. Two, the Indian Removal Act should never have been approved and was invalid for a few reasons. And finally, it was immoral to remove them from their land and didn't have any right to do so.