After the American Revolution the
newly established states of Georgia, South Carolina, Alabama and
Mississippi took the lead in forcing the Southeastern Indians into
exile. By then the white populations of these states already greatly
outnumbered the Indians, who now were living in relatively small
enclaves. Yet even these domains were to be denied the Indians. The
state governments, under pressure from their citizens, demanded the
removal of the tribesmen to the regions far to the west. One rationale
for their demands was that the tribes were uncivilized and therefore
unworthy of maintaining their hold on land desired by white Christian
farmers. Ironically, the Indians had, by then, adopted
"civilization" and all its works. The remaining major tribes
of the Southeast - the Choctaw, Chickasaw, Seminole, Creek and Cherokee
- were known as the Five Civilized Tribes, and many of the natives had
adopted both European agricultural methods and Christianity.
Many Americans, appraised of this
assimilation by publicists from the tribes themselves and by
missionaries who had long lived among them, championed the cause of the
Five Civilized Tribes. But the real power to dispose of the Indians’
lands remained with the state governments, and they were adamant for
removal. These governments, in the early 19th century, passed
laws that "legalized" the eradication of the Indian
communities and opened their lands to settlers. Such legislation even
denied the Indians any right of appeal by depriving them of standing in
court.
It was this denial of the Indians’
most fundamental rights that led to a celebrated confrontation between
two branches of the federal government in the persons of the venerable
chief justice of the United States, John Marshall, and the president,
Andrew Jackson (served 1829 - 1837). A Georgia law depriving the Indians
of their rights was argued up to the Supreme Court, where it was ruled
unconstitutional. Jackson, who was determined to rid the eastern part of
the nation of its Indian population, was reputed to have said of the
decision: "John Marshall has rendered his decision; now let him
enforce it."
Without the power of the federal
executive behind him, Marshall’s decision in favor of Indian right
was, in effect, null and void. And on May 28, 1830 Jackson signed into
law the Indian Removal Act, a bill requiring all Indians living east of
the Mississippi to leave their homes and be relocated far to the west in
what was called Indian Territory. Now the federal government moved
swiftly and brutally to enforce the new legislation. The first to feel
the impact were the Choctaws of Mississippi. Bribed by agents of the
government, a minority of Choctaw leaders in 1830 signed the Treaty of
Dancing Rabbit Creek. All of the Choctaw land in Mississippi was ceded
in exchange for territories in Arkansas and Oklahoma.
Only eastern Choctaws managed to evade
federal authorities and escape removal by scattering in small bands
throughout the backwoods of Mississippi and Louisiana, there to live for
decades on the periphery of non-Indian society. Early in the 20th
century the federal government finally abandoned effort to expel those
who remained. The Bureau of Indian Affairs established an agency among
them in central Mississippi and purchased land there for a reservation.
In successive marches from 1830 to
1833, thousands of Choctaws set out on foot, under the watchful eyes of
soldiers. These long, cold marches, difficult at best, were made worse
by shortages of wagons, horses, blankets and food. Woefully inadequate
funds were quickly exhausted, and along the way people began to die. By
the time Oklahoma was reached, more than a quarter of the migrants had
succumbed to hunger, disease, or exhaustion.
The journey was equally horrible for
the other Southeastern tribes when their turn came. Between 1834 and
1838 most of the Creeks, Cherokees and Chickasaws suffered removal, as
did many of the Seminoles. Some of the eastern Seminoles forged
themselves into a guerrilla army and waged bloody warfare against
federal troops to retain their foothold in the East. One war lasted for
seven years, from 1835 to 1824; a second war, in the 1850’s, was much
shorter. For almost 30 years after the fighting stopped in 1856, the
remnants of the eastern Seminole peoples lived in isolation.
Like the Seminoles, a minority of
Cherokees remained in their region by fleeing to land that was
inaccessible to the outside world and generally considered worthless.
Before the 19th century ended, the eastern Cherokees were all
living legally on reservation lands purchased for them by the Bureau of
Indian Affairs in the mountains of North Carolina.
Although the tribes in their new
Oklahoma territories never recovered the vitality of the old days, they
did reassert their former way of life, albeit in somewhat diminished
form. They established farms, built schools and churches, revived their
political institutions, and the Cherokees resumed publication of their
newspaper.
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