Cherokee Nation Case Study
How did many members of the Cherokee Nation, who originally lived in parts of what are now Georgia, Tennessee, and Alabama, end up living in Oklahoma? These sources allow you to further investigate this story of American Indian Removal.
The Cherokee Nation was divided on the issue of removal. Not all agreed that this treaty should be signed.
Be the Political Analyst
Why was the 1835 Treaty with the Cherokee made?
- In the first paragraph, the treaty says that it is written to help the Cherokee Nation do what?
- In Article 1 of the treaty, what is the Cherokee Nation giving up and what is it gaining?
- What right is the U.S. government keeping for itself in Article 5? What kinds of problems might these conditions create for the Cherokee Nation?
WHEREAS the Cherokee are anxious to make some arrangements with the Government of the United States whereby the difficulties they have experienced by a residence within the settled parts of the United States under the jurisdiction and laws of the State Governments may be terminated and adjusted; and with a view to reuniting their people in one body and securing a permanent home for themselves and their posterity in the country selected by their forefathers without the territorial limits of the State sovereignties, and where they can establish and enjoy a government of their choice and perpetuate such a state of society as may be most consonant with their views, habits and condition; and as may tend to their individual comfort and their advancement in civilization.
Article 1
The Cherokee nation hereby cede relinquish and convey to the United States all the lands owned claimed or possessed by them east of the Mississippi river, and hereby release all their claims upon the United States for spoliations of every kind for and in consideration of the sum of five millions of dollars.
Article 5
The United States hereby covenant and agree that the lands ceded to the Cherokee nation in the forgoing article shall, in no future time without their consent, be included within the territorial limits or jurisdiction of any State or Territory. But they shall secure to the Cherokee nation the right by their national councils to make and carry into effect all such laws as they may deem necessary for the government and protection of the persons and property within their own country belonging to their people or such persons as have connected themselves with them: provided always that they shall not be inconsistent with the constitution of the United States and such acts of Congress as have been or may be passed regulating trade and intercourse with the Indians; and also, that they shall not be considered as extending to such citizens and army of the United States as may travel or reside in the Indian country by permission according to the laws and regulations established by the Government of the same.
The Cherokee are eager to meet with the Government of the United States to address the difficulties they have experienced living within settled parts of the United States under the powers and laws of the State Governments. The Cherokees' goal is to reunite their people in one group and to have a permanent home for themselves, their children, and future generations. The Cherokee want to live in the country selected by their ancestors and not under the powers and laws of the State Governments. The Cherokees want to establish and enjoy a government of their choice and to continue the type of society that is consistent with their views, habits and beliefs. The Cherokees want to be responsible for their individual comfort and for how their nation advances in civilization.
Article 1
The Cherokee nation does now give up all the lands owned claimed or possessed by them east of the Mississippi river. The Cherokee nation gives these lands to the United States. In return for $5 million, the Cherokee nation releases all its claims upon the United States for having taken Cherokee land in violent actions in the past.
Article 5
The United States does now agree that the lands it has given to the Cherokee nation in the Article 1 of this treaty shall, in no future time without their consent, be included within the territorial limits or legal authority of any State or Territory. But the United States shall guarantee to the Cherokee nation the right by their national councils to make and put into place all laws as they may consider necessary for the government and protection of the persons and property within their own country belonging to their people or such persons as have connected themselves with them. Any laws the Cherokee nation puts into place must be consistent with the constitution of the United States and such acts of Congress as have been or may be passed to control business or interactions with the Indians. Any laws the Cherokee nation puts into place shall not be considered as extending to the citizens or army of the United States who may travel or live in the Indian country by permission according to the laws and regulations established by the Cherokee nation.
