ENCROACHMENT

They had regular trade relations with immigrants from Europe and by 1650 they were increasingly dependent on the fur traders and Colonial Agents that lived among them. These changes began to erode their social, political and religious systems. The Cherokees provided a buffer between the Colonies and French and Spanish interest to the west. As white settlement encroached on their territory there was often hostilities with the Colonies which usually resulted in concession of land to establish some temporary peace. By the time of the American Revolution the Cherokee had ceded all land in West Virginia and Virginia, nearly all of Kentucky and South Carolina as well as some in Tennessee and Georgia. They supported the British in the American Revolution and continued to raid frontier settlements after the Revolution. In response, local militia inflicted devastating scorched earth attacks on Cherokee towns forcing them to seek peace which resulted in further concession of land.

Many white men that came into their territory took Indian wives and lived as a Cherokee. The Cherokee were remarkable for their assimilation of white culture. Much of their advances in civilization has been attributed to the intermarriage with educated white men who saw to the education of their children. By the early 1800's the mixed bloods were very influential and dominated the National Councils. As a practical matter the old ways could not sustain them in their new environment due to the loss of territory and depletion of wildlife. The Cherokees had adopted white farming methods, weaving and home building. They became literate in a very short time based on their written language invented by Sequoyah (George Gist). Their progress did not protect them from white settlers that could only obtain land by marrying into the tribe.

President Thomas Jefferson envisioned an "Indian colonization zone" on the west bank of the Mississippi. Many people advocated this approach to "the Indian problem." In 1802 he made an agreement with the state of Georgia to extinguish Indian clams to land in that state at Government expense as soon as it could be peaceably accomplished. In return Georgia would relinquish its claim to land west of its present border. After the U.S. acquired the Louisiana Purchase from the French in 1803 the Indian removal process began by treaties. Many tribes simply fled westward as the line of white settlement advanced toward them. Some of the Cherokee begun moving west in the 1810s, with large migrations into west-central Arkansas in 1817. The concept of an Indian zone west of the Mississippi was fully developed under President Andrew Jackson in 1825. The Indian Removal Act was signed into law on May 28, 1830 after a bitter debate in Congress. In theory removal was to be voluntary and paved the way for the removal of thousands of Indians by encouragement, deceit and force. States were eager to gain access to lands inhabited by the Five Civilized Tribes(Cherokees. Creeks, Chickasaws, Choctaws and Seminoles) .

In 1817 General Andrew Jackson coerced the Cherokees into another treaty that ceded territory in the east for territory in Arkansas to accommodate the Western Cherokees. The Government encouraged those in the ceded area to relocate and many chose this option. Some were allowed to remain in the ceded territory by receiving land allotments and being allowed to eventually become U.S. Citizens. Chief John Jolly lead a large migration to west-central Arkansas. The majority of the Cherokee bitterly opposed this deal and bore lingering hostility towards the Western Cherokees led by Chief John Jolly. The Western Cherokee(Old Settlers) accepted a treaty in 1828 that gave them seven million acres in Indian Territory (later Oklahoma) with the right to be extended as far west as the sovereignly of the U.S. might extend in exchange for their territory in Arkansas. As in previous treaties it provided for protection from intrusion and guaranteed that it would remain theirs forever.

In 1827 the Cherokees formed a representative government similar to that of the U.S. Government but blended it with their own traditional tribal councils and was styled as the Cherokee Nation. Their Constitution formally established sovereignty and jurisdiction within their boundaries and established their capital at New Echota in North Georgia. John Ross, who was one-eighth Cherokee and well educated, became President and Major Ridge , a fullblood, was Council Speaker. They began to construct a model society and passed laws disenfranchising emigrants to the west and made it treason, punishable with death, to enter into any negotiation for the sale of tribal lands without consent of the National Council which resisted all attempts at further territorial concessions. They began publishing a newspaper, The Cherokee Phoenix, in Cherokee and English.

The State of Georgia denied Samuel Worchester, who had been appointed New Echota Postmaster, access to the Cherokee Nation and put him in prison. This dispute went before the Supreme Court that ruled that the Cherokee Native Americans were entitled to federal protection from the actions of state governments which would infringe on the tribe's sovereignty. In reaction to this decision, President Andrew Jackson has been quoted as defying the Supreme Court with the words: "John Marshall has made his decision; now let him enforce it!". Georgia simply ignored the ruling and refused to release Worcester from prison.

Major Ridge and his party offered to remove for $3,250,000 plus expenses and compensation for improvements. Chief Ross undermined his opposition to removal by making a counter offer to take $20,000,000 which was rejected. Congress approved negotiating with the Ridge Party with the stipulation that the treaty must be approved by the Cherokee National Council. On December 29, 1835 a treaty was drawn and signed by the Treaty Party led by Major Ridge who remarked "I have just signed my own death warrant". The treaty ceded the whole remaining territory east of the Mississippi River for $5,000,000 and a joint interest in the land already occupied by the "Old Settlers" in Indian Territory. The Government was to pay for improvements and the cost of removal as well as a years subsistence in the new territory. Removal was to take place within two years of ratification. The Cherokee National Council overwhelming rejected the treaty. It was ratified by the U. S. Senate on May 23, 1836 by one vote.

1835 CENSUS

There are limited records giving the names of the Cherokees that were removed. The closest thing available is the 1835 Cherokee Nation Census taken in preparation for their removal. It list the name of the head of each household and the number of males, females and slaves by gender. It showed that there were 16,542 Cherokees exclusive of 1,532 Negro slaves and 201 whites married to Cherokees. The name of the head of each household and number in the household will be engraved on the MEMORIAL.

Chief Ross continued to resist implementation of the treaty, at considerable personal risk, and encouraged his followers to hold out hope that they would not be forced to go. Two months before the May 1838 deadline set for removal no preparations for removal had been made and he submitted a petition to Congress with the signatures of 15,665 Cherokees disavowing the treaty as fraudulent, which was ignored. By then Martin Van Buren had become President and was willing to give them more time to prepare for emigration, but was opposed by Georgia.

The Army Headquarters and the Fort Cass Emigrating Depot were located near the Cherokee Agency at Charleston on the Hiwassee River. On July 23, 1838 the Army reported 14,870 persons in 12 Stockades as follows:

Upper Cha-ta-te Creek near Fort Cass……….…….600

Ridge East of the Agency……………………….….700

Camp Ross #1 13 miles from Fort Cass………….2,000

Camp Ross #2.………….“…………….................2,000

Mouse Creek #1 near Fort Cass…………………….870

East Mouse Creek………“……………………......1,600

Ross Landing #1 45 miles from Fort Cass……….2,000

Ross Landing #2 ……….“…………………..........2,000

Agency Post at the Agency…………………………700

Rattlesnake Springs near Fort Cass…………………600

Bedwell Springs near Fort Cass…………………….900

Fort Payne Alabama 95 miles from Fort Cass………900

A small groups of Cherokees living outside the Cherokee Nation in North Carolina and South Carolina were allowed to remain since they had no claim to land inside the Cherokee Nation. Several hundred Cherokees escaped the removal by hiding out in the mountains and were eventually able to acquire land in eastern North Carolina. This became the Qualla Boundary Reservation and they have been recognized as the Eastern Band of Cherokees. In April 1984 the Western and Eastern Cherokees met at the Red Clay Council Grounds in Tennessee for the first time in 150 years. The reunion was commemorated by returning the eternal flame to Red Clay. Red Clay had served as the seat of Cherokee Government from 1832 until the removal since they could not hold meetings in Georgia and is just over the Georgia State line near Cleveland, TN. .

The Army's plan was to send the Cherokees west by water. In June of 1838 three detachments totaling about 2,800 Cherokees departed from Ross’ Landing (Chattanooga) under Military control. This was in the hottest part of the year in what the Indians called "the sickly season" and many died or escaped along the way. Only about two-thirds arrived in Indian Territory in August. The southeast was experiencing the worst drought in memory making river travel as planned by the Army impossible. Cholera, measles and dysentery broke out in the crowded unsanitary stockades and as many as 25 were dying each day. The Cherokee National Council requested suspension of the removal until September and to allow them to manage their own removal and General Scott agreed.

Chief Ross hired conductors, wagon masters, doctors and contractors to provide supplies along the way. Thirteen detachments departed between late August and early December of 1838 with 645 wagons with teams and 5,000 riding horses.

…..CONDUCTOR ………DEPARTED …DAYS …PERSONS …DEATHS/BIRTHS

1 Hair Conrad * ………….Aug. 28 ……..143 ………729 …………….57 / 9

2 Elijah Hicks* …………..Sept. 1 ………126 ………858 …………….35 / 5

3 Rev. Jesse Bushyhead* ..Sept. 3 ……….178 ………950 …………….38 / 6

4 John Bengi …………….Sept. 28 ………106 …….1,200

5 SITUWAKEE* ………..Sept. 7 ………..149 …….1,250 …………….71 / 5

6 Capt. Old Fields* ……..Sept. 24 ………153 ………983 …………….57 / 19

7 Moses Daniels* ……….Sept. 20 ………164 …….1,035 …………….48 / 6

8 CHOOALOOKA* …….Sept. 14 ………162 …….1,150 …………….58 / ?

9 James Brown ………….Sept. 10 ………177 ………850 …………….34 / 3

10 George Hicks* …………Sept. 7 ………..189 …….1,118 …………….56 /

11 Richard Taylor …………Sept. 20 ………168 ……1,029 …………….53 / 15

12 Peter Hilderbrand* …….Sept. 23 ………154 …….1,766 ……………89 /

13 John Drew ……………..Nov. 7 ………..104 ……….231 ……………12 /

Two detachments departed from the vicinity of Chattanooga, Tennessee and one from Fort Payne, Alabama. Nine detachments departed from the vicinity of Charleston, TN. They camped at Blythe Ferry(*) for up to 6 weeks, due to low water, waiting to cross the Tennessee River at the northwest corner of the Cherokee Nation. Supporters of the Treaty were held in a separate stockade for their own protection and refused to remove under Ross' control. They departed, on their own, overland on October 11 with an Army escort and numbered about 650 to 700. The last detachment including Chief Ross’s family left from Charleston, TN on the Hiwassee River in 6 barges. The Cherokee’s journey of over a thousand miles took over five months arriving in their new land unprepared for a harsh winter. Later Ross reported that there had been a total 424 deaths including his wife and 71 births while in transit. Others reported larger numbers of deaths. Ross claimed he removed 13,149 while army records indicated 10,813 departures and 11,494 arrivals in the west.

This map shows the Trail of Tears emigration routes as they are now known.

Blythe Ferry* is located at the northwest corner of the 1835 Cherokee Nation at the confluence of the Hiawassee River with the Tennessee River. In the fall of 1838 nine of the thirteen detachments under Chief John Ross‘ supervision, totaling about 9,000 Cherokees, departed from their ancestral land at Blythe Ferry on a difficult thousand mile journey into an uncertain future. At that time the southeast was under the most severe drought in memory making river travel and ferry crossings difficult. They were under pressure to began their emigration after spend months in stockades under deplorable conditions and many were sick and destitute. Some were without shoes, blankets and other provisions. Between August 28 and September 24, nine detachments left from the vicinity of the Cherokee Agency at Charleston, TN about 30 miles from Blythe Ferry. Due to low water levels there were extended delays crossing the Tennessee River and Contractors were accused of deliberate delays to increase their profits. Even though up to six boats were in operation some had to wait up to six weeks to cross the river. Members of the detachment of Treaty supporters, not under Ross’ control, caused trouble by enticing some to join them by promising more money and better land. Since several detachments were in the same area some left their detachment to join another detachment, but there was no significant reports of desertions. The delay did allow some of the sick and disabled to recuperate and join a later detachment. Only two deaths were reported at Blythe Ferry. Those that were unable to continue with their detachment traveled by water with the Ross family that departed from Charleston on November 7 in four barges that floated by Blythe Ferry.

* The ferry was established in 1809 by William Blythe which he sold in 1835. He went west with his Cherokee wife, Nannie Fields, before the forced removal. A ferry continued to operate at the site until 1994 when the Highway 60 Bridge was completed.

Typically they would travel by wagon and on foot, often over rough rutted wagon trails, about 14 miles and sometimes as much as 20 miles per day. Some groups stopped on Sundays to make repairs and care for sick animals. There were many delays for days or weeks to cross frozen rivers, to care for the sick, and to obtain supplies. They were poorly equipped without adequate food, blankets and shelter in the middle of a harsh winter. There was great suffering and hardship particularly among the very young and old. “The moans of the sick and dying could be heard coming from the covered wagons“ according to an observer.. Physicians reported that diseases were rampant with high grade diarrhea, hazardous “dysentery” and “remittent fever”. In addition to this measles and whooping cough appeared epidemic. Medicines were in short supply and many were reluctant to be treated due to the language barrier. The dead were buried along the trail where they died and the wagons moved on. .

The eviction of the Cherokees was poorly managed: Tuberculosis, pellagra, pneumonia. and other diseases stalked the wagon trains as they made their way west. Russell Thorton places the figure at about 8,000 of the 18,000 Cherokees perished between 1830 and 1840 as a result of their emigration to the west. Most of the deaths were children and the elderly. There is considerable uncertainly in these numbers but is was a tragic event by any measure. A first hand witness estimate in March 1839 by Elizur Butler, an attending physician to the emigrating Cherokees, is probably as good as any. By his reckoning: more than 2,000 died in the stockades awaiting removal, over half of the three detachments removed by the Army or about 1,500 died, and approximately 700 died in the detachments removed by the Cherokees. Making 4,200 in all that died in the removal. In addition about half of the 700 to 1,000 that remained in the hills died. The Cherokee called the removal "oosta ganuhnuh dunaclohiluh" {the trail where they cried} which has come to known as "The Trail of Tears" ..

When they arrived in Indian Territory old animosities reemerged with the Old Settlers which was aggravated by having two independent governments in the same territory. On June 22, 1839 Major Ridge and others were killed for their leadership role in the 1835 Treaty. It is ironic that earlier Major Ridge had been appointed executioner of Chief Doublehead for ceding land to whites. Chief Ross denied any involvement and a few weeks later both governments entered into a general amnesty forgiving all previous transgressions. In September 1839 the governments were united with John Ross as the Principal Chief. The Army refused to recognize Ross and did not pay money due for the removal leaving the Cherokee Nation in turmoil. In 1845 the Old Settlers and some 1835 Treaty supporters asked to be moved to Texas or have the land partitioned. Hostilities broke out and many people were murdered. A Commissioner was appointed to mediate problems and outstanding claims. Ross was recognized and payment made for restitution and to the Old Settlers for accepting the new arrivals. Turmoil and treaty settlements continued for decades.

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TRANSITION

In 1906 as Oklahoma prepared for statehood tribal governments were effectively dissolved. The Indians were kept under tight control and their leaders were appointed by the Government. There was little or no effort made to develop Indian resources. The Cherokee lost the right to hold their land as communal property. Indians and former slaves received individual land allotments and the rest reverted to the Government or was opened for white settlement. Many of the Indians lost their allotments to speculators or dishonest Guardians appointed to protect the interest of illiterate Indians. In 1924 Congress passed a law allowing self government and making Indians U. S. Citizens. The Cherokees declined to accept the Governments conditions and their chief was appointed by the President. The Cherokee Nation adopted a new constitution in 1975 and elected their government. Today the Cherokee Nation prospers with a stable government that serves their people.

During the Colonial Period the European Powers maintained good relations with the Indian tribes by recognizing them as sovereign nations and acquired land by negotiating formal treaties which promised to protect the Indians forever against encroachment on their remaining land. The United States continued the same policy. The U. S. Constitution recognizes Indian Tribes like foreign nations. Article VI of the Constitution made clear that all treaties entered by the United States “Shall be the Supreme Law of the Land”. These treaties, in practice, meant very little as demand for land grew. Many people considered the Indians to have no more claim to the land than the animals in the woods. Treaty after treaty was broken and demands for new treaties were made. The U. S Constitution gave some recognition of Indians as persons but not as citizens. Some treaties made provision for individual Indians to receive an allotment of land outside of tribal territory and the right to become naturalized citizens. The rights of Indian tribes as sovereign nations was in legal limbo until the 1832 Supreme Court’s decision in Worchester V. Georgia that established some sovereign rights to the Cherokees in Georgia. The decision was ignored by the State of Georgia and President Andrew Jackson. .

After the Civil War the 14^th Amendment to the Constitution extended citizenship to former slaves but excluded Indians unless they paid taxes. Sovereign rights of Indians was a threat to States and a deterrent to white settlement in the west. In 1887 Congress passed the Dawes Act to Americanize the Indians. It banned Indian self government and made Indians wards of the U. S Government who managed their affairs. Individual Indians were given an allotment of Indian land extinguishing communal land rights and opening the remainder to white settlement. The Indians did not receive mineral rights which has been poorly managed by the Government. Children were sent to boarding schools where they were not allowed to speak their language or practice their religion and cultural traditions. The Americanization policy was a failure, however the Indians lost two thirds of their land.