Atlanta And Its Builders, Vol. 1 - A Comprehensive History Of The Gate City Of The South. Thomas H. Martin
pass a law providing for the emigration of the tribe in a body to the lands set apart for them in the Indian Territory. The state was given authority to assume its long-deferred jurisdiction over the Cherokee territory, and. upon the removal of the Indians, to dispose of the vacated lands to settlers. This was in 1827.
But a few hundred of the 15,000 Cherokees obeyed the mandate of removal. Chief Ross refused to acknowledge the legality of the proposed procedure and was backed in his recalcitration by the council and head men. For four years the tribe remained upon the old reservation in quiet defiance of nation and state, the white usurpers fearing to precipitate an Indian war by taking decisive measures. It was known that the young braves were eager to resist the abandonment of their homes with arms in their hands. The wary old statesmen of the tribe filibustered with the Indian department and tried to entangle the situation with red tape. A case was brought by Chief Ross, for his people, in the supreme court of the United States, praying for an injunction to prevent the state of Georgia from exercising jurisdiction over a Cherokee criminal whose offense had theretofore been cognizable in the tribal courts. The supreme court ruled in favor of the Indians, and the effect of the ruling was to prevent the state from executing its laws within the territory occupied by the Cherokees. This brought matters to a focus. The legislature of 1831 passed a bill to survey the lands of the Cherokee Nation, and Governor Lumpkin a little later ordered the survey to be made, but it was the purpose of the state to take no steps toward taking possession of the lands until a reasonable time had elapsed, the Washington authorities promising to see that the Indians left peaceably. Georgia also passed a law requiring all white men resident in the Cherokee Nation by consent of the tribe to take the oath of allegiance to the state. The penalty of non-compliance was a minimum term of four years in the penitentiary at hard labor. The latter law further complicated and aggravated the dangerous situation, and, with the decision of the supreme court, raised the direct issue of "state's rights" with the Washington government. Some of the white missionaries laboring among the Indians, northerners for the most part, ignored the new law. Two of them, by name Worcester and Butler, were arrested by state officers, and upon conviction in a state court, sentenced to long terms in the penitentiary, in spite of the fact that the United States supreme court had issued a mandate requiring their release. These unfortunate missionaries remained in prison a couple of years, obtaining their freedom, after the exertion of much influence throughout the state in their behalf, through the governor's pardon.
The Indians showing no disposition to obey the "Great Father at Washington," Georgia "took the bull by the horns" and formally organized ten counties in the lands embraced by the Cherokee Nation and established a lottery for the disposition of the allotted claims to settlers. By this time, it being evident that emigration would be forced upon them, even at the point of the bayonet, the Cherokees had become divided among themselves and there was a strong pro-emigration party led by John Ridge, who held that the tribe would fare infinitely better by obeying the power of the government and obtain beneficial concessions. Chief Ross held out doggedly against the proposition, contending for $20,000,000 and the settlement of impossible claims. In 1835 the two factions were represented in the Washington lobby by strong delegations headed by these opposing leaders, and the whole question was reopened in congress. Much interest was aroused in behalf of the Indians all over the country, particularly in religious circles. The South, then dominant in Washington, supported the contention of Georgia, probably largely because of the issue of state sovereignty raised, and the Ross party returned to the reservation hopeless. Feuds broke out among the Indians and killings resulted from their differing opinions. In another year, the Ridge party had won a majority of the tribe to its side, and a final treaty was ratified. Under this treaty the Indians proposed to move peaceably to their new homes beyond the Mississippi, under the direction of agents of the government, relinquishing their lands for $5,000,000, to be held in trust by the United States. Their new lands were to contain some $7,000,000 acres, with an unrestricted outlet to the great western plains, to be theirs "so long as grass grows and water runs." The treaty was signed by Andrew Jackson, president of the United States, and up to a few years ago, when the descendants of these same Indians were forced to consent to take their allotments and dispose of their surplus lands to Uncle Sam, they regarded this treaty as their magna charta and swore by it. It was further stipulated that their new home should never be included within the bounds of any state or territory, without their consent; that the government would protect them from white intrusion, pay them certain sums annually for the support of their schools, etc. The government agreed to settle a mass of old claims, pay a number of influential Indians pensions, and provided for the subsistence of the tribe for a year, during the removal, which was to be made two years from the time the treaty was signed.
As the date set for the hegira approached — May 24, 1838 — it was generally believed that trouble was in store and that a large part of the tribe would have to be forcibly evicted. The Ross partisans were making "war medicine," it was said, and intended to defend their homes with their lives. Two or three volunteer companies were raised among the near-by settlers to be in readiness for an outbreak' at any time, and the governor ordered detachments of militia to points close to the reservation. The morning of the eventful day dawned with no signs of preparations having been made on the part of the mass of the Indians, but with plenty of hostile signs. General W infield Scott, of the war department, had kept in touch with the situation and requested the state to furnish two regiments for the emergency. This was promptly done. General Charles Floyd commanding. Early on the morning of the 24th the military moved upon the reservation, five companies under Captains Stell, Daniel, Bowman, Hamilton and Ellis proceeding to Sixes Town in Cherokee county; two companies under Captains Story and Campbell to Rome: two companies under Captains Horton and Brewster to Fort Gilmer, and Captain Vincent's company to Cedartown.
Contrary to expectations, there was no trouble, but the wholesale eviction of some 15.000 home-loving Indians was little the less lamentable. Every Indian cabin was entered by the soldiery and the inmates collected in squads and hustled to guarded camps. The state officials protested that this work was done humanely, and without resorting to violent force, but to this day the Cherokees preserve a tradition of ruthless cruelty connected with their enforced removal of more than three score years ago, which has strengthened their deep-seated race hatred. It was fortunate for the state of Georgia that decisive action was taken by the local authorities, for toward the close of his administration it is said that Jackson was inclined to reverse his Indian policy to please the northern sentimentalists, and Governor Gilmer, then the occupant of Georgia's executive chair, says in his memoirs that Van Buren, who had succeeded to the presidency, was closeted with the lobbyists of the Ross party and had committed himself to a let-alone policy at the very time the Georgia militia was successfully prosecuting the eviction. On June 3, the entire tribe was started for Ross' landing, and by the end of the month several thousand had begun the westward march. It was feared, however, that the heat of midsummer would result in an undue mortality among the emigrants, and word came from Washington that the remainder would not be allowed to move before fall. Accordingly the bulk of the Indians remained in camp until September. It is doubtful if the postponement was in the interest of humanity, for the last half of the journey was through the dead of winter. Hundreds are said to have died of pneumonia and exposure, while small-pox carried away many more. Some idea of the severe sufferings of these Indians can be formed by the bare statement that fully four thousand perished on the march— one-fourth of the entire number. With few exceptions the Cherokees walked the six or seven hundred miles that intervened between their old and new reservation, and their progress was necessarily very slow. Epidemics made long stops necessary, and though the federal government had made abundant provision for their sustenance en route, it was charged that the contractors and agents stinted and made inferior their food supply. Old Indians now residing on the western reservation still speak mysteriously of the mysterious deaths on that historic march. There can be no doubt but that not a few Indians fell victims to the vendetta that the Ross-Ridge feud engendered, while making the journey, some of them, it was suspected, from poison. In less than a year after they had left Georgia, Major Ridge, his son, John Ridge, and Elias Boudinot were assassinated. Similar crimes continued for more than a generation among the Cherokees as the result of their exile from Georgia. The victims were those who had taken an active part in negotiating the removal treaty.
At this day it is difficult to appreciate the importance to Georgia of the Indian problem then claiming