Native Americans: 22 Books on History, Mythology, Culture & Linguistic Studies. James Mooney

conclusion of this remarkable state paper is characterized by a broadly implied threat that Georgia's fealty to the Union would be proportioned to the vigor and alertness with which measures were adopted and carried into effect by the United States for the extinguishment of the Cherokee title.

Response of President Monroe.—These criticisms by the executive of Georgia, which were sanctioned and in large measure reiterated by the legislature and by the Congressional delegation of that State,292 called forth293 from President Monroe a message to Congress upon the subject in defense of the course that had been pursued by the executive authorities of the United States. Accompanying this message was a report294 from John C. Calhoun, Secretary of War, wherein it is alleged that at the date of the compact of 1802 between the United States and Georgia the two Indian nations living within the limits of that State (the Creeks and the Cherokees) were respectively in possession of 19,578,890 and 7,152,110 acres of territory. At the date of such compact, treaties existed between the United States and those tribes defining the limits of their territories. In fulfillment of the stipulation with Georgia, seven treaties had been held with them, five of which were with the Creeks and two with the Cherokees. The lands thus acquired from the former in Georgia amounted to 14,449,480 acres and from the latter to 995,310 acres. In acquiring these cessions for the State of Georgia the United States had expended $958,945.90, to which should be added the value of the 995,310 acres given by the Cherokees in exchange for lands west of the Mississippi, the estimated value of which, at the minimum price of public lands, would amount to $1,244,137.50. The United States had also (in addition to $1,250,000 paid to Georgia as a part of the original consideration) paid to the Yazoo claimants, under the same compact, $4,282,151.12, making in the aggregate $7,735,243.52, which sum did not include any portion of the expense of the Creek war, whereby upwards of 7,000,000 acres were acquired for the State of Georgia.295

The President expressed it as his opinion that the Indian title was not in the slightest degree affected by the compact with Georgia, and that there was no obligation resting on the United States to remove the Indians by force, in the face of the stipulation that it should be done peaceably and on reasonable conditions. The compact gave a claim to the State which ought to be executed in all its conditions with good faith. In doing this, however, it was the duty of the United States to regard its strict import, and to make no sacrifice of their interest not called for by the compact, nor to commit any breach of right or humanity toward the Indians repugnant to the judgment and revolting to the feelings of the whole American people. The Cherokee agent, Ex-Governor McMinn, was shortly afterward ordered,296 "without delay and in the most effectual manner, forthwith to expel white intruders from Cherokee lands."

Alarm of the Cherokees and indignation of Georgia.—The views expressed by the governor and legislature of Georgia upon this subject were the cause of much alarm among the Cherokees, who, through their delegation, appealed297 to the magnanimity of the American Congress for justice and for the protection of the rights, liberties, and lives of the Cherokee people. On the other hand, the doctrines enunciated in President Monroe's special message, quoted above, again aroused the indignation of the governor of Georgia, who, in a communication298 to the President, commented with much severity upon the bad faith that for twenty years had characterized the conduct of the executive officers of the United States in their treatment of the matter in dispute.

Message of President John Quincy Adams.—Every day but added acrimonious intensity to the feelings of the officials and people of Georgia. Their determination to at once possess both the Creek and the Cherokee territory within her chartered limits would admit of no delay or compromise. Following the Creek treaty of 1826, her surveyors were promptly and forcibly introduced into the ceded country, in spite of an express provision of the treaty forbidding such action prior to the 1st of January, 1827. So critical was the state of affairs considered to be that President John Quincy Adams invited the attention of Congress to the subject in a special message.299 Therein the President declared that it ought not to be disguised that the act of the legislature of Georgia, under the construction given to it by the governor of that State, and the surveys made or attempted by his authority beyond the boundary secured by the treaty of 1826 to the Creek Indians, were in direct violation of the supreme law of the land, set forth in a treaty which had received all the sanctions provided by the Constitution; that happily distributed as the sovereign powers of the people of this Union had been between their general and State governments, their history had already too often presented collisions between these divided authorities with regard to the extent of their respective powers. No other case had, however, happened in which the application of military force by the Government of the Union had been suggested for the enforcement of a law the violation of which had within any single State been prescribed by a legislative act of that State. In the present instance it was his duty to say that if the legislative and executive authorities of the State of Georgia should persevere in acts of encroachment upon the territories secured by a solemn treaty to the Indians and the laws of the Union remained unaltered, a superadded obligation, even higher than that of human authority, would compel the Executive of the United States to enforce the laws and fulfill the duties of the nation by all the force committed for that purpose to his charge.

      Cherokee Progress in Civilization

       Table of Contents

      Notwithstanding the many difficulties that had beset their paths and the condition of uncertainty and suspense which had surrounded their affairs for years, the Cherokees seem to have continued steadily in their progress toward civilization.

The Rev. David Brown, who in the fall of 1825 made an extended tour of observation through their nation, submitted, in December300 of that year, for the information of the War Department, an extended and detailed report of his examination, from which it appeared that numberless herds of cattle grazed upon their extensive plains; horses were numerous; many and extensive flocks of sheep, goats, and swine covered the hills and valleys; the climate was delicious and healthy and the winters were mild; the soil of the valleys and plains was rich, and was utilized in the production of corn, tobacco, cotton, wheat, oats, indigo, and potatoes; considerable trade was carried on with the neighboring States, much cotton being exported in boats of their own to New Orleans; apple and peach orchards were quite common; much attention was paid to the cultivation of gardens; butter and cheese of their own manufacture were seen upon many of their tables; public roads were numerous in the nation and supplied at convenient distances with houses of entertainment kept by the natives; many and flourishing villages dotted the country; cotton and woolen cloths were manufactured by the women and home-made blankets were very common; almost every family grew sufficient cotton for its own consumption; industry and commercial enterprise were extending themselves throughout the nation; nearly all the merchants were native Cherokees; the population was rapidly increasing, a census just taken showing 13,563 native citizens, 147 white men and 73 white women who had intermarried with the Cherokees, and 1,277 slaves; schools were increasing every year, and indolence was strongly discountenanced; the nation had no debt, and the revenue was in a flourishing condition; a printing press was soon to be established, and a national library and museum were in contemplation.

      Failure of Negotiations for Further Cession of Lands

       Table of Contents

On