Friday, February 16, 2024

Chapter 6: 1830-1839, A trail of many tears

President Andrew Jackson had signed the Indian Removal Act in May of 1830. The White people of Georgia, however, believed that he wasn’t moving quickly enough to dispossess the Indians of their land. And, make no mistake, White Georgians desperately wanted their land. The territory that had recently been acquired from the Creeks had not been sufficient to quench the White man’s lust for land.

2 Georgia was determined to exert the state’s authority over all of the lands and people within its borders. The federal government in distant Washington had allowed the Cherokees to formulate their own laws and police their own people. Georgians, therefore, had recently enacted a number of laws to assert their state’s jurisdiction over the Indians and make it more difficult for them to resist the efforts of White settlers. Things were now moving rapidly in the direction of a show down between the state and the tribe.

3 “Have you been followin what’s going on in Georgia?” Dempsey asked his father. “We are not going to involve ourselves in the politics of the Cherokee!” Thomas told his son.

4 “Father, why have you deliberately pursued obscurity?” his son demanded. “Our family has always been respected among our people. You could have a prominent place among the chiefs if you wanted it.”

5 “I don’t want it!” Thomas responded in exasperation. “Well, that is clear enough, but why? Why have you refused to join with our family and people in resisting the efforts of the Whites to take our land?” Dempsey persisted.

6 “You talk about our family and people, but more of our forefathers were White than Cherokee. And, make no mistake, the White people are going to prevail in this struggle. Do you want to be associated with the side that loses?” the old man demanded.

7 “Your nephew, James, was a prominent chief. His son, Joe, is wealthy and respected. Mother’s family resisted these people and were leaders among our people. Ruth’s father is a chief,” Dempsey insisted.

8 “Yes and look at where that has gotten them. James lived by the gun and died by the gun. Joe is rich, but the state of Georgia is trying to take away everything he has. I’m supposed to be proud of that history and want to share in it? No thank you!” Thomas declared.

9 Dempsey grimaced in pain, and the expression on his father’s face softened. “Look, son, we have to focus on getting you well,” Thomas told him. “You’re burnin up with fever. Don’t waste your energy on things that don’t concern us anyway.”

10 “How can you say that this doesn’t concern us?” Dempsey shrieked. “Your father is right,” Anne intervened as she took a cool cloth and dabbed at the perspiration on her son’s forehead. “You should be quiet and rest. We’ve got to build your strength back up and get you well!”

11 “Look son,” Thomas said as he placed his right hand on his son’s forehead, “we have the blood of two nations within us.” Dempsey looked away, but his father took hold of his chin and made him look at him. “They struggle against each other, and the stronger will prevail. We, however, will still have the blood of the other within us. A part of them will survive through us. Can’t you see that?” Thomas finished. Dempsey feebly shook his head and closed his eyes.

12 A few days later, he was dead. “Harmon, you and Jim go dig a hole for Mr. Dempsey’s grave,” Old Moses told the younger slaves. “I’ll start sewin on his burial clothes,” their mother volunteered.

13 “Thank you, Rachel, Miss Anne is feelin too poorly to tend to it right now,” Thomas told her. “Those shovels are in the shed, boys,” he shouted after Harmon and Jim. “Yessa, Massa!” Harmon hollered over his shoulder.

14 Anne was sick now. She had the same symptoms that her son had exhibited before his death: diarrhea and fever. Thomas could see that she was fading fast.

15 “The whole world is fallin apart!” Thomas exclaimed in exasperation. “The world will go on without us,” Anne reminded him.

16 “What about our poor Mary?” Thomas demanded. “She can stay with Edward or Bryant, and Moses and Rachel can take care of her,” Anne reassured her troubled husband.

17 “Old Moses is blind now!” Thomas protested. “Yes, but he has always been able to calm her down,” Anne persisted. “She always has loved him and Rachel,” her husband admitted. “Mary is still like a child in her mind – they’ll be able to manage with her just fine,” Anne added. “I guess you’re right,” Thomas finally conceded.

18 “Was Dempsey right too?” he asked her. “Have I been a coward?” “No, Dempsey was not right,” Anne smiled. “You have protected your family from all of that foolishness. Don’t you start doubting yourself now.”

19 She took a deep breath and bit her lower lip. “I can’t lose you too,” he said as tears filled his eyes. “We have to bear what the Lord gives us to bear,” she whispered, and then she was gone.

20 A few months later, the situation in Georgia that had been simmering for years finally reached the boiling point. The Cherokee Nation sent a delegation to Washington in an attempt to persuade the federal government to intervene on their behalf.

21 Unfortunately, the current President of the United States (Andrew Jackson) was hostile to the Cherokee cause and was inclined to side with Georgia. Nevertheless, the delegation was able to secure the services of former Attorney General William Wirt in representing them against Georgia in a case before the Supreme Court.

22 “The Government of Georgia has sought to annihilate the rights of a foreign nation to their lands and laws – rights that were guaranteed to them by a treaty with the Government of the United States of America,” Wirt argued before the Court. Realizing that Chief Justice Marshall would be hesitant to issue an order that President Jackson would probably not enforce, Wirt decided to directly confront the issue in his remarks. “Your decree will declare the law – it is the sworn duty of the President to execute that law! If the President refuses to enforce the law, the Constitution has provided the means to censure him for his failure to do so.”

23 Nevertheless, although John Marshall sympathized with the plight of the Cherokee people, he did not want to precipitate a confrontation with Georgia or the President. In discussing the matter with his fellow justices, he said: “Mr. Wirt has argued that the Cherokee Indians constitute a foreign state, but they do not conform to the way that such is defined in the Constitution. It must be admitted that the relationship between the United States and these people has been marked by peculiar distinctions that do not exist between that government and any other nation. Wouldn’t it be more accurate to describe them as a domestic nation that is dependent on the United States?”

24 A majority of the justices agreed with their chief: The Cherokee people could not be considered a foreign nation. Thus, the matter was not within their jurisdiction to decide. The Supreme Court would not provide the relief that the Indians had sought.

25 “My conscience is not clear in this matter,” Marshall confessed to one of his friends. “I am repulsed by the oppression that has been visited upon these helpless people,” he continued. “They have depended on our magnanimity and justice to no avail. The treatment of our aborigines is a deep stain on the character of our country!” the Chief Justice concluded.

26 God was listening. John Marshall would be given another opportunity to set things straight the following year.

27 Samuel Worcester, a missionary among the Cherokees, was arrested by Georgia authorities for failing to procure a license to live among the Indians and was later convicted of the “crime.” The governor offered Reverend Worcester a pardon, but he refused to accept it. Instead, he appealed directly to the Supreme Court for relief.

28 Justice Baldwin sent Governor Lumpkin official notice that the matter of Worcester v. Georgia would be argued before the next session of the Court. “We will not submit to control over our criminal jurisdiction!” the governor declared. “We will resist any effort to infringe on the right of our state to govern all of the people within its borders!”

29 William Wirt again argued the case before the Court. This time, however, the question before the Court was different: Did federal law trump state law? And there was no question that Samuel Worcester was a citizen of the United States and entitled to appear before the Court.

30 “The law under which this man was prosecuted was repugnant to a treaty between the Cherokee people and the government of the United States and is, therefore, unconstitutional and void,” the Chief Justice announced. “The state of Georgia does not have the authority to impose its own laws on these people,” he concluded.

31 “Mr. Marshall has issued his decision, now let him enforce it!” President Jackson declared. “I hope that he doesn’t expect me to lift a finger to do so.”

32 Thus, the Court’s decision in Worcester v. Georgia did not provide any relief for the Cherokee people. In fact, it only redoubled the efforts of Georgia and the President to extinguish their rights to their remaining lands and remove them from the state.

33 A few years later, under intense pressure from the United States and Georgia, Major Ridge consented to the Treaty of New Echota on behalf of his people. Under the terms of the agreement, the tribe would give up its lands in Georgia in exchange for lands in what would one day become Oklahoma.

34 Chief John Ross had opposed the measure, but Andrew Jackson was determined to see it adopted. It would, however, be left to his successor to fully implement the measure.

35 In 1838, President Martin Van Buren ordered federal troops into the territory of the Cherokee to begin rounding them up for removal to the West. Unfortunately, the operation included the Indians residing within the state of Alabama. In fact, one of the camps that had been established for holding them was located near what would later become Fort Payne, Alabama.

36 “Have you heard about what the army is doing to our people?” Bryant asked his grandfather. “I have heard about it,” Thomas Vann replied. “Are we just going to stand by and watch?” Bryant asked.

37 “I remember having a similar talk with your father just before he died,” the old man responded. “The Whites are our people too,” he continued. “Our Indian kin have been foolish in their actions and relations, and they are suffering the consequences of that now.”

38 “How can we ignore this, grandfather?” Bryant pleaded. “We share their blood, and we are still here,” Thomas reassured him. “They are leaving, but we will remain. A part of them will remain on a part of their land through us,” the old man finished.

39 Even so, Thomas was not as convinced as he had once been that the course which he had pursued had been the right one. He had heard about how his people were dying, and how his wealthy grandnephew had been evicted from his home in Georgia. As the stories of the journey to the West began to reach Madison County, Thomas Vann went to bed. Within a week, he had died of a broken heart.


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