The idea of a civilized Indian government was not a new one. The first treaty ever negotiated by the United States with an Indian tribe, in 1778, held out to the Delawares the hope that by a confederation of friendly tribes they might be able “to form a state, whereof the Delaware nation shall be the head and have a representation in Congress.”[280] Priber, the Jesuit, had already familiarized the Cherokee with the forms of civilized government before the middle of the eighteenth century. As the gap between the conservative and progressive elements widened after the Revolution the idea grew, until in 1808 representatives of both parties visited Washington to propose an arrangement by which those who clung to the old life might be allowed to remove to the western hunting grounds, while the rest should remain to take up civilization and “begin the establishment of fixed laws and a regular government.” The project received the warm encouragement of President Jefferson, and it was with this understanding that the western emigration was first officially recognized a few years later. Immediately upon the return of the delegates from Washington the Cherokee drew up their first brief written code of laws, modeled agreeably to the friendly suggestions of Jefferson.[281]
By this time the rapid strides of civilization and Christianity had alarmed the conservative element, who saw in the new order of things only the evidences of apostasy and swift national decay. In 1828 White-path (Nûñ′nâ-tsune′ga), an influential full-blood and councilor, living at Turniptown (Uʻlûñ′yĭ), near the present Ellijay, in Gilmer county, Georgia, headed a rebellion against the new code of laws, with all that it implied. He soon had a large band of followers, known to the whites as “Red-sticks,” a title sometimes assumed by the more warlike element among the Creeks and other southern tribes. From the townhouse of Ellijay he preached the rejection of the new constitution, the discarding of Christianity and the white man’s ways, and a return to the old tribal law and custom—the same doctrine that had more than once constituted the burden of Indian revelation in the past. It was now too late, however, to reverse the wheel of progress, and under the rule of such men as Hicks and Ross the conservative opposition gradually melted away. White-path was deposed from his seat in council, but subsequently made submission and was reinstated. He was afterward one of the detachment commanders in the Removal, but died while on the march.[282]
In this year, also, John Ross became principal chief of the Nation, a position which he held until his death in 1866, thirty-eight years later.[283] In this long period, comprising the momentous episodes of the Removal and the War of the Rebellion, it may be truly said that his history is the history of the Nation.
And now, just when it seemed that civilization and enlightenment were about to accomplish their perfect work, the Cherokee began to hear the first low muttering of the coming storm that was soon to overturn their whole governmental structure and sweep them forever from the land of their birth.
By an agreement between the United States and the state of Georgia in 1802, the latter, for valuable consideration, had ceded to the general government her claims west of the present state boundary, the United States at the same time agreeing to extinguish, at its own expense, but for the benefit of the state, the Indian claims within the state limits, “as early as the same can be peaceably obtained on reasonable terms.”[284] In accordance with this agreement several treaties had already been made with the Creeks and Cherokee, by which large tracts had been secured for Georgia at the expense of the general government. Notwithstanding this fact, and the terms of the proviso, Georgia accused the government of bad faith in not taking summary measures to compel the Indians at once to surrender all their remaining lands within the chartered state limits, coupling the complaint with a threat to take the matter into her own hands. In 1820 Agent Meigs had expressed the opinion that the Cherokee were now so far advanced that further government aid was unnecessary, and that their lands should be allotted and the surplus sold for their benefit, they themselves to be invested with full rights of citizenship in the several states within which they resided. This suggestion had been approved by President Monroe, but had met the most determined opposition from the states concerned. Tennessee absolutely refused to recognize individual reservations made by previous treaties, while North Carolina and Georgia bought in all such reservations with money appropriated by Congress.[285] No Indian was to be allowed to live within those states on any pretext whatsoever.
In the meantime, owing to persistent pressure from Georgia, repeated unsuccessful efforts had been made to procure from the Cherokee a cession of their lands within the chartered limits of the state. Every effort met with a firm refusal, the Indians declaring that having already made cession after cession from a territory once extensive, their remaining lands were no more than were needed for themselves and their children, more especially as experience had shown that each concession would be followed by a further demand. They conclude: “It is the fixed and unalterable determination of this nation never again to cede one foot more of land.” Soon afterward they addressed to the President a memorial of similar tenor, to which Calhoun, as Secretary of War, returned answer that as Georgia objected to their presence either as a tribe or as individual owners or citizens, they must prepare their minds for removal beyond the Mississippi.[286]
In reply, the Cherokee, by their delegates—John Ross, George Lowrey, Major Ridge, and Elijah Hicks—sent a strong letter calling attention to the fact that by the very wording of the 1802 agreement the compact was a conditional one which could not be carried out without their own voluntary consent, and suggesting that Georgia might 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]