Cherokee Mythology (Illustrated Edition). James Mooney
be satisfied from the adjoining government lands in Florida. Continuing, they remind the Secretary that the Cherokee are not foreigners, but original inhabitants of America, inhabiting and standing now upon the soil of their own territory, with limits defined by treaties with the United States, and that, confiding in the good faith of the government to respect its treaty stipulations, they do not hesitate to say that their true interest, prosperity, and happiness demand their permanency where they are and the retention of their lands.287
A copy of this letter was sent by the Secretary to Governor Troup of Georgia, who returned a reply in which he blamed the missionaries for the refusal of the Indians, declared that the state would not permit them to become citizens, and that the Secretary must either assist the state in taking possession of the Cherokee lands, or, in resisting that occupancy, make war upon and shed the blood of brothers and friends. The Georgia delegation in Congress addressed a similar letter to President Monroe, in which the government was censured for having instructed the Indians in the arts of civilized life and having thereby imbued them with a desire to acquire property.288
For answer the President submitted a report by Secretary Calhoun showing that since the agreement had been made with Georgia in 1802 the government had, at its own expense, extinguished the Indian claim to 24,600 square miles within the limits of that state, or more than three-fifths of the whole Indian claim, and had paid on that and other accounts connected with the agreement nearly seven and a half million dollars, of which by far the greater part had gone to Georgia or her citizens. In regard to the other criticism the report states that the civilizing policy was as old as the government itself, and that in performing the high duties of humanity to the Indians, it had never been conceived that the stipulation of the convention was contravened. In handing in the report the President again called attention to the conditional nature of the agreement and declared it as his opinion that the title of the Indians was not in the slightest degree affected by it and that there was no obligation on the United States to remove them by force.289
Further efforts, even to the employment of secret methods, were made in 1827 and 1828 to induce a cession or emigration, but without avail. On July 26, 1827, as already noted, the Cherokee adopted a constitution as a distinct and sovereign Nation. Upon this the Georgia legislature passed resolutions affirming that that state “had the power and the right to possess herself, by any means she might choose, of the lands in dispute, and to extend over them her authority and laws,” and recommending that this be done by the next legislature, if the lands were not already acquired by successful negotiation of the general government in the meantime. The government was warned that the lands belonged to Georgia, and she must and would have them. It was suggested, however, that the United States might be permitted to make a certain number of reservations to individual Indians.290
Passing over for the present some important negotiations with the western Cherokee, we come to the events leading to the final act in the drama. Up to this time the pressure had been for land only, but now a stronger motive was added. About the year 1815 a little Cherokee boy playing along Chestatee river, in upper Georgia, had brought in to his mother a shining yellow pebble hardly larger than the end of his thumb. On being washed it proved to be a nugget of gold, and on her next trip to the settlements the woman carried it with her and sold it to a white man. The news spread, and although she probably concealed the knowledge of the exact spot of its origin, it was soon known that the golden dreams of De Soto had been realized in the Cherokee country of Georgia. Within four years the whole territory east of the Chestatee had passed from the possession of the Cherokee. They still held the western bank, but the prospector was abroad in the mountains and it could not be for long.291 About 1828 gold was found on Ward’s creek, a western branch of Chestatee, near the present Dahlonega,292 and the doom of the nation was sealed (41).
In November, 1828, Andrew Jackson was elected to succeed John Quincy Adams as President. He was a frontiersman and Indian hater, and the change boded no good to the Cherokee. His position was well understood, and there is good ground for believing that the action at once taken by Georgia was at his own suggestion.293 On December 20, 1828, a month after his election, Georgia passed an act annexing that part of the Cherokee country within her chartered limits and extending over it her jurisdiction; all laws and customs established among the Cherokee were declared null and void, and no person of Indian blood or descent residing within the Indian country was henceforth to be allowed as a witness or party in any suit where a white man should be defendant. The act was to take effect June 1, 1830 (42). The whole territory was soon after mapped out into counties and surveyed by state surveyors into “land lots” of 160 acres each, and “gold lots” of 40 acres, which were put up and distributed among the white citizens of Georgia by public lottery, each white citizen receiving a ticket. Every Cherokee head of a family was, indeed, allowed a reservation of 160 acres, but no deed was given, and his continuance depended solely on the pleasure of the legislature. Provision was made for the settlement of contested lottery claims among the white citizens, but by the most stringent enactments, in addition to the sweeping law which forbade anyone of Indian blood to bring suit or to testify against a white man, it was made impossible for the Indian owner to defend his right in any court or to resist the seizure of his homestead, or even his own dwelling house, and anyone so resisting was made subject to imprisonment at the discretion of a Georgia court. Other laws directed to the same end quickly followed, one of which made invalid any contract between a white man and an Indian unless established by the testimony of two white witnesses—thus practically canceling all debts due from white men to Indians—while another obliged all white men residing in the Cherokee country to take a special oath of allegiance to the state of Georgia, on penalty of four years’ imprisonment in the penitentiary, this act being intended to drive out all the missionaries, teachers, and other educators who refused to countenance the spoliation. About the same time the Cherokee were forbidden to hold councils, or to assemble for any public purpose,294 or to dig for gold upon their own lands.
The purpose of this legislation was to render life in their own country intolerable to the Cherokee by depriving them of all legal protection and friendly counsel, and the effect was precisely as intended. In an eloquent address upon the subject before the House of Representatives the distinguished Edward Everett clearly pointed out the encouragement which it gave to lawless men: “They have but to cross the Cherokee line; they have but to choose the time and the place where the eye of no white man can rest upon them, and they may burn the dwelling, waste the farm, plunder the property, assault the person, murder the children of the Cherokee subject of Georgia, and though hundreds of the tribe may be looking on, there is not one of them that can be permitted to bear witness against the spoiler.”295 Senator Sprague, of Maine, said of the law that it devoted the property of the Cherokee to the cupidity of their neighbors, leaving them exposed to every outrage which lawless persons could inflict, so that even robbery and murder might be committed with impunity at noonday, if not in the presence of whites who would testify against it.296
The prediction was fulfilled to the letter. Bands of armed men invaded the Cherokee country, forcibly seizing horses and cattle, taking possession of houses from which they had ejected the occupants, and assaulting the owners who dared to make resistance.297 In one instance, near the present Dahlonega, two white men, who had been hospitably received and entertained at supper by an educated Cherokee citizen of nearly pure white blood, later in the evening, during the temporary absence of the parents, drove out the children and their nurse and deliberately set fire to the house, which was burned to the ground with all its contents. They were pursued and brought to trial, but the case was dismissed by the judge on the ground that no Indian could testify against a white man.298 Cherokee miners upon their own ground were arrested, fined, and imprisoned, and their tools and machinery destroyed, while thousands of white intruders were allowed to dig in the same places unmolested.299 A Cherokee on trial in his own nation for killing another Indian was seized by the state authorities, tried and condemned to death, although, not understanding English, he was unable to speak in his own defense. A United States court forbade the execution, but the judge who had conducted the trial defied the writ, went to the place of execution, and stood beside the sheriff while the Indian was being hanged.300
Immediately on the passage of the first act the Cherokee appealed to President Jackson, but were told that no protection would be afforded them. Other efforts were then made—in 1829—to persuade them to removal,