Sources:
Fleming, Walter C. The Complete Idiot's Guide to Native American History. Indianapolis, IN: Alpha, 2003. Print.
Class Notes
Anti-Indian Removal Advocates: wanted Cherokee Nation's land as well as other Indian's lands, and later when gold was discovered, wanted that too. They didn't treat Christian missionaries very well either, and seemed cognitively dissonant to the Cherokees "civilization," i.e. even though the Cherokees wore the same clothes, lived in the same (or bigger) houses, among other things including having a newspaper called the Cherokee Phoenix, which was published in both English and the Cherokee alphabet developed by Sequoyah, the anti-Indian Removal Advocates would not acknowledge them as "civilized."
Opponents of Removal: wanted justice for the Indians along with protection of their rights, one of them being to their homeland. They even sent petitions to Pres. Andrew Jackson, although most were dismissed as "hating Jackson" rather than wanting to protect the Indians, and there were still more that wanted the Indians removed.
Indian Removal Act (1830): enactment of forcible removal of the Cherokee, Choctaw, Chickisaw, Creek and Seminole to the West of the Mississippi R. Southern states began that process even before his inauguration by passing laws extending their jurisdiction over Indians within state boundaries, completely overstepping the bounds set by the US Constitution. The tone of this legislation was definitely anti-Indian in sentiment; for example, Georgia and Alabama made it illegal for a Native person to testify against a white man in a court of law. This was official govt. policy under this act, which was enacted on May 28.
Marshall Trilogy:
Johnson vs. McIntosh (1823):
Johnson given land
McIntosh also given land
Johnson sues
Indians own land, right to land, superseded by US govt.
US govt. can only gain land through treaties or conquest
Cherokee vs. Georgia (1830):
auctioning of land
Cherokee protested and sued as foreign nation
The court, under Chief Justice John Marshall, ruled that the Cherokee Nation was not a foreign state and, therefore, the Supreme Court held no jurisdiction on the matter. Marshall's court went on to define what Indian nations were. Marshall, writing for the majority; described the Cherokee as a "distinct political society ... capable of managing its own affairs and governing itself"; and such societies were "domestic dependent nations," whose "relation to the United States resembles that of a war to his guardian."
The implication of the Marshall decision is that, from the constitutional point of view, tribes were no longer considered to be sovereign nations. Further, the Court described the relationship between Indian nations and the federal government as one where Indian tribes are dependent on the United States as a child is dependent upon a parent. This decision established the paternalistic pattern of interaction between tribes and the federal government that exists even today.
Worcester vs. Georgia (1832):
Worcester: Protestant missionary
Cherokee Nation didn't require missionary licenses
Georgia does require licenses
Worcester arrested, Worcester sues
Cherokee law superior in this case, as they gained land through treaties
Jackson and Georgia apathetic
"John Marshall has made his decision; now let him enforce it."-Andrew Jackson (point being: the judicial branch doesn't enforce laws, the executive branch does, therefore Marshall couldn't enforce the law)
Choctaw Removal: govt. abolished by state of Mississippi, agreed to cede their lands, removed to IT.
Treaty of Dancing Rabbit Creek (1831):
-$50,000 to est. a school system
-40 Choctaw children be educated per year?
-$20,000/year for 20 years
-Supplies and moving expenses (supposedly) [i.e. mostly frauds]
Allotments
-1/4 accepted
-didn't get them/fraudulence
B/t 1832-39--6000 die
Chickisaw Removal (1837): more organized, suffered less.
Treaty of Pontotoc (1832):
-Chickisaw will move when govt. and Indians agree on land
-Survey Chickisaw land and give homesteads
-$ given to Chickisaw
-Bought land west of Choctaw
Creek Removal: surrendered after Choctaw. In 1829, they agreed to accept Alabama jurisdiction. Later, when the Creeks complained about white squatters, the federal government's response was to remove them. Thousands were rounded up and removed to Indian Territory.
-1837-15,000 move
-3500 die
Chief William McIntosh:
(1775 – April 30, 1825), also known as "Tustunnugee Hutkee (White Warrior)," was one of the most prominent chiefs of the Creek Nation between the Revolutionary War and the time of the Creek removal. He was considered a traitor by many Creek tribes due to his concessions to the United States government and his 1825 murder was seen as an execution by his enemies.
William McIntosh was of racially mixed ancestry and lived simultaneously as a wealthy white planter and as a traditional chief (or "miko") of the Creek Indians, a pattern shared with several of his biracial relatives. His wealth and his lineage allowed him to exert considerable influence in both the world of the white planter aristocracy and the world of the traditional Creek nation, thus his ancestry is particularly important facet to understanding him. He was the son of Captain William McIntosh (referred to here as Captain McIntosh to avoid confusion with his son of the same name) who was a member of a prominent Savannah, Georgia family sent into the Creek Nation to recruit them to fight for the British during the Revolutionary War. Captain McIntosh's mother, Jennet (or Janet in some sources) was a McGillivray and is believed to have been a sister of the Scottish born Lachlan McGillivray of the Clan MacGillivray Chiefs Lineage); whatever the relationship she was definitely a member of the same family as Lachlan McGillivray.
Though much of Lachlan McGillivray's fortune was confiscated due to his status as a loyalist in the Revolutionary War, his family and business partners retained much of their wealth and political influence and as a member of this family William McIntosh received a substantial inheritance and many political connections among the white planter aristocracy of Georgia and the Carolinas.
http://www.ask.com/wiki/William_McIntoshTreaty of Indian Springs (1825): with the Creek Indians. The first treaty was signed January 8, 1821. In it, the Creeks ceded land to the state of Georgia in return for cash payments totaling $200,000 over a period of 14 years. Further, the state of Georgia would receive payment from the Federal Government, to satisfy claims of citizens of Georgia against the Creeks for seizure or destruction of property prior to the 1802 act of Congress which regulated intercourse with Indian tribes.
The leading signatory for the Lower Creeks was Chief William McIntosh. The son of a Loyalist officer and a Muscogee woman he supported U.S. Indian Agent Benjamin Hawkins 'civilizing mission,' and led the Lower Creeks in the Creek War of 1812-13, against the traditionalist Red Stick faction of the Upper Creeks, and the First Seminole War. He acquired slaves and built a medium-sized cotton plantation on the Chattahoochee at Lockhau Talofau (Acorn Bluff) in present-day Carroll County. For his role in signing the First Treaty of Indian Springs, McIntosh received 1,000 acres (4.0 km2) of land at Indian Springs, where he built a second plantation and a hotel to draw tourists to local hot springs.
The second treaty was signed at the Indian Springs Hotel on February 12, 1825 and ratified March 7, 1825. It was negotiated by McIntosh and his first cousin, Georgia Governor George Troup. Under this treaty the Lower Creeks surrendered their lands east of the Chattahoochee, including the sacred Ocmulgee Old Fields, and accepted relocation west of the Mississippi River to an equivalent parcel of land along the Arkansas River. In compensation for the move to unimproved land, for the inconvenience of the move and to obtain supplies, the Creek nation would receive $200,000 paid in decreasing installments over a period of years. A controversial article provided additional payments to McIntosh for the lands granted to him in 1821.[1] This second treaty started a Tale of Lost Treasure, as treasure hunters have spent time looking for the $400,000.00 in gold coins that it was believed Chief McIntosh took from the Treaty signing location, as stated in "Georgia's Fabulous Treasure Tales", by Ernest M. Andrews.
The treaty was popular with Georgians, who re-elected Troupe in the state's first popular election in 1825. However, it was only signed by six chiefs, and the Creek National Council denounced it, ordering the execution of McIntosh and the other Muscogee signatories. On April 29, Upper Creek Chief Menawa attacked Chief McIntosh's plantation at Lokchau Talofau with 200 warriors, killing him and setting fire to his home. The second Treaty of Indian Springs was ratified by the U.S. Congress by one vote, but a delegation from the Creek National Council led by Chief Opothleyahola traveled to Washington with a petition to John Quincy Adams to have it revoked. They negotiated the 1826 Treaty of Washington, in which the Muscogee surrendered most of the lands claimed by Georgia under more generous terms, retaining a small piece of land on the Georgia-Alabama border, and were not required to move west. Troup refused to recognize the new treaty, ordering the lands surveyed for a lottery, and began forcibly evicting the Lower Creeks. Adams threatened federal intervention, but backed down after Troup mobilized Georgia militia.
http://www.ask.com/wiki/Treaty_of_Indian_SpringsOpothlyoholo:
Prominent Creek chief Opothleyahola was most likely born circa 1780 to Davy Cornell, a mixed-blood Creek, and a woman of the Tuckabatchee town in present Montgomery County, Alabama. He became noteworthy beginning around 1820 as speaker for the council of the Upper Creeks, primarily full bloods who held to their traditional culture, as opposed to the Lower Creeks, who adopted the lifestyles of the non-Indians around them. Adding to this divisiveness, a number of the Lower Creeks looked with favor upon the exchange of their eastern homeland for land west of the Mississippi River. One of their leaders, William McIntosh, was executed by Upper Creeks for signing a 1825 treaty that would have given up all Creek land in Georgia. Opothleyahola led the Upper Creeks in their resistance to removal to the West, but eventually he came to see it as inevitable. By 1832, after a large number of the Lower Creeks had removed voluntarily, he was the Creek Nation's acknowledged leader. He was instrumental in negotiating the treaty of March 1832, which led to the exodus of the remainder of the tribe to Indian Territory in present Oklahoma.
http://digital.library.okstate.edu/encyclopedia/entries/O/OP003.html
Treaty of Washington (1826): was a settlement between the United States government and the Creek National Council of Native Americans, led by their spokesman Opothleyahola. The Creeks ceded much of their land in the State of Georgia to the Federal government.
The Creeks were a loose confederation of tribes with diverse customs and histories. Over several decades, they had ceded small portions of their vast lands to the Federal government in a variety of treaties and agreements. They had been allies with the British in the War of 1812. The 1814 Treaty of Fort Jackson which ended the Creek War stipulated that the Creeks would cede 23 million acres (93,000 km²) of prime land to the Southern states, leaving the Creeks a tract around the Chattahoochee River. The Creek Confederacy enacted a law that made further land cessions a capital offense. However, by mid-1820s, both political parties in Georgia favored the total removal of the Indians to the west. Democrat Governor George Troup aggressively moved to resolve the situation.
The Lower Creek Council, a small faction led by Troup's first cousin, William McIntosh, signed the Treaty of Indian Springs on February 13, 1825, ceding a large amount of Creek territory to the United States. However, the other chiefs and warriors (particularly the Upper Creeks) protested this agreement, stating that the signatories did not have the authority to speak for the entire Creek Nation. They assassinated McIntosh on May 31 for violating their law banning land cessions.
New President John Quincy Adams did not consider the treaty to be valid, and pressured Troup to stop white incursions into Indian lands. Creek leaders were summoned to Washington, D.C. to negotiate a peaceful agreement. A new treaty was negotiated between the government and a widespread gathering of various Creek leaders, unified under their spokesman, Opothleyahola. It voided the Treaty of Indian Springs and ceded to the United States all the land belonging to the Creeks on the east side of the Chattahoochee River for a one-time payment of $217,600 and a yearly annuity of $20,000. The treaty stipulated that the signers of the Treaty of Indian Springs would have the same privileges as those who signed the new treaty, and made funding allowances for the Lower Creeks under the late William McIntosh to send a 5 person deputation to explore lands west of the Mississippi River for potential resettlement. The government would then fund the relocation, as well as providing for a full year's subsistence, a full-time Federal Indian Agent, interpreter, blacksmith and wheelwright. The treaty provided financial remuneration for the damages caused by the infighting between McIntosh's Lower Creeks and the rest of the Creek Nation. The Creeks legally retained possession of all their lands until January 1, 1827, after which they would retain a small portion on the Alabama-Georgia border.
The treaty was signed on January 24, 1826.[1] A supplementary article signed on March 31, 1826, corrected some errors and stipulated the exact delineation of the boundary between Georgia and the Creek reserve. The Federal government agreed to pay the Creeks $30,000 for yet another piece of land (what became Carroll County).
Not pleased with the new treaty and under intense pressure from expansionists, Governor Troup ordered the land surveyed for a lottery, including the piece that was to remain in Creek hands. The president intervened with Federal troops, but Troup called out the state militia, and Adams, fearful of a civil war, conceded. The government allowed Troup to quickly renegotiate the agreement and seize all remaining Creek lands in the state. By 1827, the Creeks were gone from Georgia. Within eight years, most of them would be relocated from Alabama to the designated Indian Territory (modern Oklahoma).
http://www.ask.com/wiki/Treaty_of_Washington_%281826%29Seminole Removal:
1st Seminole War (1817-1819): began over attempts by US authorities to recapture runaway black slaves living among Seminole bands. Under General Andrew Jackson, US military forces invaded the area, scattering the villagers, burning their villages, and seizing Spanish-held Pensacola and St. Marks. As a result, in 1819, Spain was forced to cede its Florida territory under the terms of a treaty.
Treaty of Payne's Landing (1832):
Seminole have 3 years to move
Govt. pays $15,000 and $3000/yr. for 15 yrs.
3000 move but Osceola and followers stay
Osceola: (1804 – January 30, 1838) was an influential leader with the Seminole in Florida. Osceola led a small band of warriors in the Seminole resistance during the Second Seminole War when the United States tried to remove the Seminoles from their lands. He exercised a great deal of influence on Micanopy, the highest-ranking chief of the Seminoles.[1][dead link]
Osceola was named Billy Powell at birth in 1804 in the village of Tallassee, Alabama, around current Macon County. "The people in the town of Tallassee...were mixed-blood Native American/English/Irish/Scottish, and some were black. Billy was all of these." His mother Polly Coppinger was daughter of Ann McQueen, who was part Muscogee and part Scottish. Many sources, including the Seminole, state that Osceola's father was an English trader William Powell.[3]
Osceola's mixed white ancestry would have been an anomaly at the time because the Seminoles strictly forbade intermarriage with whites. Osceola's great-grandfather was James McQueen, who was Scottish and the first white man to trade with the Creeks in Alabama in 1714. He stayed in the area as a trader and became closely involved with the Creek. He is buried in the Indian cemetery in Franklin, Alabama near a Methodist Missionary Church for the Creek Indians.[citation needed] James McQueen's daughter Ann married Jose Coppinger. Their daughter Polly was the mother of Osceola. Osceola claimed to be a full-blood Muscogee.
In 1814 Osceola and his mother moved from Alabama to Florida together with other Creeks. In adulthood he received his name; Osceola is an anglicised form of the Creek asi-yahola; the combination of asi, the ceremonial black drink made from the yaupon holly, and yahola, meaning shout or shouter.
http://www.ask.com/wiki/OsceolaSeminole War (1835-42):
Osceola
Dade's Massacre
Cost of the War
-15 million lives
-$20 million
followed the refusal of most Seminoles to abandon the reservation that had been specifically established for them north of Lake Okechobee and to relocate west of the Mississippi River. Whites desired this land and sought to drive out the Seminoles under the Indian Removal Act.... Led by their powerful war leader Osceola, the Seminole warriors hid their families in the Everglades and used guerrilla tactics to defend their homeland. The Seminoles hid during the day and raided at night. The US Army pursued them through malarial swamps in a long, frustrating war. As many as 2,000 US soldiers were killed in this protracted fighting. Only after Osceola's capture, while negotiating under a flag of truce, did Indian resistance weaken. Most but not all Seminoles agreed to move peacefully to lands west of the Mississippi River, in what would be known as Indian Territory.
Cherokee Removal:
Treaty of New Echota:
Major Ridge, John Ridge, Elias Boudinot, Stand Watie
Why did they do it?
-further resistance is futile
-some had taken up themselves to move
-claimed to know the extent of white racists
Class analysis of the treaty party
-11/25: slave owners (small)
-rep. rising middle class
-not a lot of power/wealth
-Cherokee const.: band of certain officials, elites have monopoly
-treaty party: in debt to elites
Major Ridge: http://digital.library.okstate.edu/encyclopedia/entries/R/RI005.html
John Ridge: http://digital.library.okstate.edu/encyclopedia/entries/R/RI003.html
Elias Boudinot: http://digital.library.okstate.edu/encyclopedia/entries/B/BO025.html
Stand Watie: http://digital.library.okstate.edu/encyclopedia/entries/W/WA040.html
John Ross: http://digital.library.okstate.edu/encyclopedia/entries/R/RO031.html
Trail of Tears:
1838-39--15,000 forcibly removed
1200 mi.
4,000 died
http://digital.library.okstate.edu/encyclopedia/entries/T/TR003.html
Cherokee Civil War: Stand Watie was the the only one among the treaty party to survive the war.
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