The Constitutionality Involved In The Removal Of — страница 2

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promote friendliness and good relations between the Government and the tribes. The reason also for the treaty was to protect the Cherokee from the encroaching states of North Carolina and Georgia. However, according to Perdue and Green this treaty was deemed a failure because both of the above mentioned states would not support it. Due to the quickly expanding American colonies the Federal Government realized that in order to prosper they needed more land. In order to due this, the Constitution of the United States specifically now stated that sole authority over Indian affairs into the hands of Congress and the President. With the newfound ability to legally control the Native Americans George Washington placed into the intrinsic handling of Henry Knox. Knox who was the first

Secretary of war had experience with dealing with the Indians and believed that they in-fact were sovereign independent nations and indeed needed congressional control to prevent unwanted trespassing by whites. Knox has said that: the federal government had a moral obligation to preserve and protect Native Americans from extinction But along with this view Knox also believed that as the American population grew Indians should surrender their lands to them, a theory later known as expansion with honor . When the treaty of Hopewell was seen as a failure, President Washington sought after a new program to continue the existence of the Cherokee people and weave them into mainstream society. This program would be named the assimilation policy which Washington felt could be

accomplished in approximately 50 years. The assimilation program brought technology to the Cherokee people in the form of spinning wheels and carding machines to go along with the already present cotton. The reason for this introduction of technology into their society was a move to propel them further as well as making them economically competitive with the white European. Washington and Knox both encouraged the introduction of white ways into the tribal people by assisting in instilling missionaries which would aid in the education and promote American nationalism into the Cherokee and vault them into the ever increasing populated Americas. As the Cherokee people are becoming more competitive with the white man a distinguishable trait among them is recognized: money. The

Cherokee people are slowly becoming infatuated with this newfound power and soon it takes predominance in their lives. With the newfound concept of money, the Cherokee begin selling off their land to the federal government and private citizens. In time this may seem like a morally wrong thing to do with the educational advancement (i.e. susceptibility) that the people who were dealing with the Indians, but at the time it appeared like taking candy from a baby. In the Treaty of 1817 for instance the Cherokee people ceded all land in northern Alabama, northeast Georgia and southern Tennessee in exchange for land in northwest Arkansas and cash. The problems that arose with the Indians ceding off their land resided in the fact that Indian Nations did not have a major say in the types

of dealing that were occurring, and in order for them not to become homeless, they need to regulate this practice. In 1817, the Cherokees enacted articles of government, which gave authority to the National Council to cede lands. Subsequent legislature provided for appointment of representation among districts, a standing committee with executive powers, and a Supreme Court. This Centralization of power came about because wealthy Cherokees wanted to protect their land and also to preserve the Indian Nation. In time the Cherokee peoples had a legitament government in place which continuously turned down federal commissioners who wanted to negotiate for their land, claiming that they had already sold too much and had no more to spare . It was at this time that a future president

would come to the limelight: Andrew Jackson. His Staunch views and solid support by the southern states promoted his appeal to abandon treaties and mearly enact Congresses power eminent domain and take the Indians land. Because Assimilation was not working very well, newly formed groups assumed that the next best step to take would be expulsion from the lands. Andrew Jackson won the presidency in 1828 with almost unanimous support from southern voters who assumed that he would expel the Indians. The problem with expelling the Indians was that the law states that: required land could be purchased by treaty only, and federal policy respected the sovereign right of the Indian nations to refuse to sell. Because of this stipulation expelling them was no longer an option. Instead after