The story of the Cherokee Nation’s resistance to forced removal in the 19th century is a profound testament to resilience, strategic thinking, and an unwavering commitment to sovereignty. Faced with the relentless pressure of westward expansion and discriminatory federal policies, the Cherokee people employed a sophisticated array of tactics to defend their ancestral lands and way of life.
During the early 19th century, the Cherokee Nation occupied a vast territory spanning parts of present-day Georgia, Tennessee, North Carolina, and Alabama. They were not a ‘savage’ tribe but a highly organized society, having adopted many aspects of American culture, including farming techniques, written laws, and even a constitutional government.
The catalyst for their struggle was the Indian Removal Act of 1830, signed into law by President Andrew Jackson. This act authorized the U.S. government to negotiate treaties for the removal of Southeastern Indigenous peoples to lands west of the Mississippi River. While ostensibly about voluntary exchange, the reality was often coercion and immense pressure.
Georgia, a state eager to expand its cotton kingdom and exploit newly discovered gold on Cherokee lands, was particularly aggressive. It began to assert jurisdiction over Cherokee territory, seizing land, dissolving their government, and denying them legal rights, despite federal treaties recognizing Cherokee sovereignty.
One of the most remarkable aspects of Cherokee resistance was their embrace of political and diplomatic strategies. Unlike many other tribes who resorted to armed conflict, the Cherokee Nation primarily sought to resolve the crisis through legal and political channels, demonstrating an understanding of the American system they were up against.
The Cherokee Nation had established a written constitution in 1827, mirroring the U.S. Constitution with a principal chief (John Ross), a bicameral legislature, and a judicial system. This act of self-governance was a powerful statement of their sovereignty and their right to exist as a distinct political entity.
They regularly sent delegations to Washington D.C. to lobby Congress, appeal to the President, and engage with sympathetic politicians and citizens. Figures like Principal Chief John Ross, Elias Boudinot (editor of the Cherokee Phoenix), and Major Ridge tirelessly argued their case, presenting petitions and delivering eloquent speeches.
These delegations aimed to remind the federal government of its treaty obligations and to highlight the injustice of Georgia’s actions. They sought to mobilize public opinion, publishing articles and distributing pamphlets to garner support from humanitarian groups, religious organizations, and concerned citizens across the nation.
The Cherokee’s most significant acts of resistance unfolded in the U.S. Supreme Court. They initiated two landmark cases that challenged the legality of Georgia’s actions and the federal government’s removal policy.
The first case, Cherokee Nation v. Georgia (1831), saw the Cherokee Nation, represented by attorney William Wirt, seek an injunction against Georgia’s laws. Chief Justice John Marshall, while acknowledging the moral validity of the Cherokee’s claims, ruled that the Supreme Court lacked original jurisdiction because the Cherokee Nation was a ‘domestic dependent nation,’ not a foreign state.
Despite this initial setback, the legal strategy continued. The second case, Worcester v. Georgia (1832), proved to be a pivotal moment. Samuel Worcester, a white missionary residing on Cherokee land without a state license (a law designed to harass missionaries supportive of the Cherokee), was arrested by Georgia authorities.
The Supreme Court, again led by Chief Justice Marshall, ruled overwhelmingly in favor of the Cherokee Nation. Marshall declared that Georgia’s laws had no force within Cherokee territory, affirming Cherokee sovereignty and the exclusive right of the federal government (not states) to deal with Indian nations.
This was a monumental legal victory, seemingly upholding the Cherokee’s rights. However, President Andrew Jackson famously defied the ruling, allegedly stating, ‘John Marshall has made his decision; now let him enforce it.’ This refusal to uphold the Supreme Court’s decision underscored the immense political power wielded by the executive branch and the state of Georgia.
Beyond political and legal maneuvers, cultural preservation and adaptation formed another crucial layer of Cherokee resistance. They understood that maintaining their identity was paramount to their survival.
The development of Sequoyah’s syllabary in 1821 was a revolutionary act. This written language enabled widespread literacy among the Cherokee in their own tongue, fostering a strong sense of national identity and facilitating communication.
The establishment of the Cherokee Phoenix newspaper in 1828, printed in both English and Cherokee, was a powerful tool. It allowed the Cherokee Nation to disseminate information, articulate their grievances, and counter negative stereotypes, reaching both their own people and the broader American public.
The Cherokee also strategically adopted aspects of American culture – such as farming, writing, and even Christianity – not to abandon their heritage, but to demonstrate their ‘civilization’ and prove they were capable of self-governance, thereby undermining the justification for their removal based on perceived savagery.
Despite the unified front presented by Principal Chief John Ross and the vast majority of the Cherokee people, internal divisions unfortunately emerged. A minority faction, known as the Treaty Party, led by Elias Boudinot and Major Ridge, believed that resistance was futile and that the best course of action was to negotiate a removal treaty.
This faction, without the authority of the majority of the Cherokee Nation, signed the Treaty of New Echota in 1835. This treaty ceded all Cherokee lands east of the Mississippi in exchange for land in Indian Territory (present-day Oklahoma) and financial compensation.
The vast majority of the Cherokee Nation, led by John Ross, vehemently rejected the treaty, declaring it fraudulent and illegitimate. Ross gathered over 15,000 signatures on a petition to Congress, protesting the treaty’s validity. However, the U.S. Senate ratified the treaty by a single vote, and President Jackson recognized it as binding.
The federal government used the Treaty of New Echota as justification for the forced removal. In 1838, under President Martin Van Buren, U.S. Army troops, led by General Winfield Scott, began rounding up Cherokee men, women, and children.
This brutal act, known as the Trail of Tears, involved marching over 16,000 Cherokee people westward. The conditions were horrific, leading to the deaths of an estimated 4,000 Cherokee from disease, starvation, and exposure. It stands as one of the darkest chapters in American history.
Even during the forced march, the spirit of resistance, though now passive, remained. The Cherokee maintained their communal bonds, shared their stories, and clung to their language and traditions, ensuring that their identity would survive the ordeal.
The Cherokee Nation’s resistance, while ultimately unable to prevent the forced removal, left an indelible mark. Their legal battles set precedents for future indigenous rights struggles, and their political sophistication demonstrated the strength and legitimacy of Native American sovereignty.
The legacy of this resistance continues to inspire. It underscores the importance of fighting for justice, even in the face of overwhelming odds, and highlights the enduring strength of cultural identity and self-determination for Indigenous peoples globally.
Today, the Cherokee Nation in Oklahoma and the Eastern Band of Cherokee Indians in North Carolina stand as vibrant, self-governing nations, direct descendants of those who resisted. Their continued existence and prosperity are a living testament to the unwavering spirit of their ancestors who fought so valiantly against removal.
In summary, the Cherokee Nation’s historical resistance to removal was a multi-faceted and determined effort. It encompassed:
- Sophisticated Political Advocacy: Through constitutional government, diplomacy, and appeals to public opinion.
- Groundbreaking Legal Challenges: Taking their fight all the way to the U.S. Supreme Court, achieving a landmark victory in Worcester v. Georgia.
- Vibrant Cultural Preservation: With Sequoyah’s syllabary and the Cherokee Phoenix newspaper, reinforcing their identity.
- Unwavering Unity (mostly): The majority’s steadfast refusal to acknowledge an illegitimate treaty.
While the physical removal ultimately occurred, the Cherokee’s actions laid a crucial foundation for future assertions of Indigenous sovereignty and rights, cementing their place as a powerful symbol of defiance against injustice.
