CHAPTER CXXXVI.

REMOVAL OF THE CHEROKEES FROM GEORGIA.

The removal of the Creek Indians from this State was accomplished

by the treaty of 1826, and that satisfied the obligations of the

United States to Georgia, under the compact of 1802, so far as the

Creek tribe was concerned. But the same obligation remained with

respect to the Cherokees, contracted at the same time, and founded

on the same valuable consideration, namely: the cession by Georgia

to the United States of her western territory, now constituting the

two States of Alabama and Mississippi. And twenty-five years' delay,

and under incessant application, the compact had been carried into

effect with respect to the Creeks; it was now thirty-five years

since it was formed, and it still remained unexecuted with respect

to the Cherokees. Georgia was impatient and importunate, and justly

so, for the removal of this tribe, the last remaining obstacle

to the full enjoyment of all her territory. General Jackson was

equally anxious to effect the removal, both as an act of justice to

Georgia, and also to Alabama (part of whose territory was likewise

covered by the Cherokees), and also to complete the business of

the total removal of all the Indians from the east to the west

side of the Mississippi. It was the only tribe remaining in any

of the States, and he was in the last year of his presidency, and

the time becoming short, as well as the occasion urgent, and the

question becoming more complex and difficult. Part of the tribe had

removed long before. Faction split the remainder that staid behind.

Intrusive counsellors, chiefly from the Northern States, came in

to inflame dissension, aggravate difficulties, and impede removal.

For climax to this state of things, party spirit laid hold of it,

and the politicians in opposition to General Jackson endeavored to

turn it to the prejudice of his administration. Nothing daunted by

this combination of obstacles, General Jackson pursued his plan

with firmness and vigor, well seconded by his Secretary at War, Mr.

Cass--the War Department being then charged with the administration

of the Indian affairs. In the autumn of 1835, a commission had been

appointed to treat with the half tribe in Georgia and Alabama.

It was very judiciously composed to accomplish its purpose, being

partly military and partly ecclesiastic. General William Carroll,

of Tennessee, well known to all the Southern Indians as a brave and

humane warrior, and the Reverend John F. Schermerhorn, of New-York,

well known as a missionary laborer, composed the commission; and it

had all the success which the President expected.

In the winter of 1835-'36, a treaty was negotiated, by which the

Cherokees, making clean disposal of all their possessions east of

the Mississippi, ceded the whole, and agreed to go West, to join the

half tribe beyond that river. The consideration paid them was ample,

and besides the moneyed consideration, they had large inducements,

founded in views of their own welfare, to make the removal. These

inducements were set out by themselves in the preamble to the

treaty, and were declared to be: "A desire to get rid of the

difficulties experienced by a residence within the settled parts of

the United States; and to reunite their people, by joining those

who had crossed the Mississippi; and to live in a country beyond

the limits of State sovereignties, and where they could establish

and enjoy a government of their choice, and perpetuate a state of

society, which might be most consonant with their views, habits,

and condition, and which might tend to their individual comfort,

and their advancement in civilization." These were sensible reasons

for desiring a removal, and, added to the moneyed consideration,

made it immensely desirable to the Indians. The direct consideration

was five millions of dollars, which, added to stipulations to pay

for the improvements on the ceded lands--to defray the expenses

of removal to their new homes beyond the Mississippi--to subsist

them for one year after their arrival--to commute school funds and

annuities--to allow pre-emptions and pay for reserves--with some

liberal grants of money from Congress, for the sake of quieting

complaints--and some large departmental allowances, amounted, in

the whole, to more than twelve millions of dollars! Being almost

as much for their single extinction of Indian title in the corner

of two States, as the whole province of Louisiana cost! And this

in addition to seven millions of acres granted for their new home,

and making a larger and a better home than the one they had left.

Considered as a moneyed transaction, the advantage was altogether,

and out of all proportion, on the side of the Indians; but relief to

the States, and quiet to the Indians, and the completion of a wise

and humane policy, were overruling considerations, which sanctioned

the enormity of the amount paid.

Advantageous as this treaty was to the Indians, and desirable as it

was to both parties, it was earnestly opposed in the Senate; and

only saved by one vote. The discontented party of the Cherokees,

and the intrusive counsellors, and party spirit, pursued it to

Washington city, and organized an opposition to it, headed by

the great chiefs then opposed to the administration of General

Jackson--Mr. Clay, Mr. Webster, and Mr. Calhoun. Immediately after

the treaty was communicated to the Senate, Mr. Clay presented a

memorial and protest against it from the "Cherokee nation," as they

were entitled by the faction that protested; and also memorials from

several individual Cherokees; all which were printed and referred to

the Senate's Committee on Indian Affairs, and duly considered when

the merits of the treaty came to be examined. The examination was

long and close, extending at intervals for nearly three months--from

March 7th to the end of May--and assuming very nearly a complete

party aspect. On the 18th of May Mr. Clay made a motion which, as

disclosing the grounds of the opposition to the treaty, deserves

to be set out in its own words. It was a motion to reject the

resolution of ratification, and to adopt this resolve in its place:

"That the instrument of writing, purporting to be a treaty concluded

at New Echota on the 29th of December, 1835, between the United

States and the chiefs, head men and people of the Cherokee tribe of

Indians, and the supplementary articles thereto annexed, were not

made and concluded by authority, on the part of the Cherokee tribe,

competent to bind it; and, therefore, without reference to the terms

and conditions of the said agreement and supplementary articles,

the Senate cannot consent to and advise the ratification thereof,

as a valid treaty, binding upon the Cherokee tribe or nation;"

concluding with a recommendation to the President to treat again

with the Cherokees east of the Mississippi for the whole, or any

of their possessions on this side of that river. The vote on this

resolve and recommendation was, 29 yeas to 15 nays; and it requiring

two-thirds to adopt it, it was, of course, lost. But it showed that

the treaty itself was in imminent danger of being lost, and would

actually be lost, in a vote, as the Senate then stood. The whole

number of the Senate was forty-eight; only forty-four had voted.

There were four members absent, and unless two of these could be got

in, and vote with the friends of the treaty, and no one got in on

the other side, the treaty was rejected. It was a close pinch, and

made me recollect what I have often heard Mr. Randolph say, that

there were always members to get out of the way at a pinching vote,

or to lend a hand at a pinching vote. Fortunately the four absent

senators were classified as friends of the administration, and two

of them came in to our side, the other two refusing to go to the

other side: thus saving the treaty by one vote. The vote stood,

thirty-one for the treaty, fifteen against it; and it was only

saved by a strong Northern vote. The yeas were: Messrs. Benton of

Missouri; Black of Mississippi; Brown of North Carolina; Buchanan of

Pennsylvania; Cuthbert of Georgia; Ewing of Illinois; Goldsborough

of Maryland; Grundy of Tennessee; Hendricks of Indiana; Hubbard of

New Hampshire; Kent of Maryland; King of Alabama; King of Georgia;

Linn of Missouri; McKean of Pennsylvania; Mangum of North Carolina;

Moore of Alabama; Morris of Ohio; Niles of Connecticut; Preston of

South Carolina; Rives of Virginia; Robinson of Illinois; Ruggles and

Shepley of Maine; N. P. Tallmadge of New-York; Tipton of Illinois;

Walker of Mississippi; Wall of New Jersey; White of Tennessee; and

Wright of New-York--31. The nays were: Messrs. Calhoun of South

Carolina; Clay of Kentucky; Clayton of Delaware; Crittenden of

Kentucky; Davis of Massachusetts; Ewing of Ohio; Leigh of Virginia;

Naudain of Delaware; Porter of Louisiana; Prentiss of Vermont;

Robbins of Rhode Island; Southard of New Jersey; Swift of Vermont;

Tomlinson of Connecticut; and Webster of Massachusetts--15. Thus the

treaty was barely saved. One vote less in its favor, or one more

against it, and it would have been lost. Two members were absent. If

either had come in and voted with the opposition, it would have been

lost. It was saved by the free State vote--by the fourteen free

State affirmative votes, which precisely balanced and neutralized

the seven slave State negatives. If any one of these fourteen had

voted with the negatives, or even been absent at the vote, the

treaty would have been lost; and thus the South is indebted to the

North for this most important treaty, which completed the relief

of the Southern States--the Chickasaws, Creeks and Choctaws having

previously agreed to remove, and the treaties with them (except with

the Creeks) having been ratified without serious opposition.

The ratification of this treaty for the removal of the Cherokees

was one of the most difficult and delicate questions which we ever

had to manage, and in which success seemed to be impossible up to

the last moment. It was a Southern question, involving an extension

of slavery, and was opposed by all three of the great opposition

leaders; who only required a minority of one third to make good

their point. At best, it required a good Northern vote, in addition

to the undivided South, to carry the treaty; but, with the South

divided, it seemed hardly possible to obtain the requisite number

to make up for that defection; yet it was done, and done at the

very time that the systematic plan had commenced, to charge the

Northern States with a design to abolish slavery in the South. And

I, who write history, not for applause, but for the sake of the

instruction which it affords, gather up these dry details from the

neglected documents in which they lie hidden, and bring them forth

to the knowledge and consideration of all candid and impartial men,

that they may see the just and fraternal spirit in which the free

States then acted towards their brethren of the South. Nor can

it fail to be observed, as a curious contrast, that, in the very

moment that Mr. Calhoun was seeing cause for Southern alarm lest the

North should abolish slavery in the South, the Northern senators

were extending the area of slavery in Georgia by converting Indian

soil into slave soil: and that against strenuous exertions made by

himself.

Thirty Years' View (Vol. 1 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 136 / 166 章